Constitutionally Confusing

“Posterity, you will never know how much it cost the present generation to preserve your freedom.  I hope you will make good use of it.  If you do not, I shall repent in heaven that ever I took half the pains to preserve it”

-John Adams

“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.”

-Abraham Lincoln

The purpose of the establishment of the three branches of government, and the reason for the constitutional authority attributed to them, was to add balance to the system.  The goal was that no one branch had enough power to usurp the government as a whole, or cause any material pain to the American people.  Throughout the years, this system has worked well for us but we are currently facing times of tribulation. 

Year after year, our government is becoming less and less reliant on the constitution.  There is no synergy between the three branches.  The judicial branch is forced to make decisions based on the constitution, but laws that are passed in the legislature and endorsed by the executive may not be constitutional in nature.  The ability for that law to be upheld in the courts causes confusion, confusion on the constitutional applicability, confusion on past relevant precedent, and an overall inconsistency of values that trickle throughout the entire government.  Past presidents, more importantly past great presidents felt it was their duty to uphold the constitution.  They understood the importance of keeping this important document in mind in all of their policy decisions.  They did this out of respect for the founding fathers and their original vision on how the government should operate.

I don’t believe we are at the precipice of disaster, but I believe that we are on a downward spiral that could lead to a government that has lost its identity.  A government that has forgotten that its primary objective is to protect and uphold the rights of its citizens.  We are a country born out of revolt, in defiance of persistent tyranny and persecution.  The constitution and declaration of independence was written and preserved with the blood of Americans.  These god given rights that are repeatedly mentioned are why we fought for our independence. 

Now, the laws proposed in the legislature and upheld by the executive are laws with party principles in mind.  Republican or Democrat, we all adhere to the same constitution.  We will disagree on certain issues, but these issues need to be presented within a constitutional framework.  Questions to be asked should consist of: 

Do we have the authority to do this? 

Do the people have less liberty w/ the passing of this law? 

Are we preparing the judicial branch for failure, by not examining the constitutionality of the law? 

This is the framework in which decisions need to be made.  Creative solutions are in order and expected for social reform, economic reform, and tax reform.  But in the construction of laws that affect the liberty of the people, being creative is the last thing we want to do.  We want to stay grounded, and embrace the principles in which we were founded on. 

 There needs to be more synergy in the process.  When I talk about synergy, I mean that all three branches are operating in a similar fashion that uphold the constitution.  For example, the healthcare law debacle that is now going on in the house and senate.  Democrats were able to pass the healthcare law, which provides nationalized healthcare at the government’s expense.  From the beginning, I didn’t agree with this law.  I believe that the solution for affordable healthcare lies in the private sector, and we shouldn’t add a new project to further support the inefficiency of government.  More importantly though, throughout the entire process there was a question of constitutionality.  Meaning is it legal to mandate all people to purchase a good of the government.  This question went on the backburner though, and because of the majority in the house and senate the law was passed.  Well, surprise surprise, the majority in the house shifted in the next election which changed the view and goal of the legislature.  Now everyone wants to repeal the healthcare law, stating that it isn’t constitutional. 

So what does this mean?

The healthcare law was passed because of the views of the majority of the legislature, and not because of the constitutionality of the law.  With a shifting majority in the legislature, how can we have consistency in the process?  How can we maintain the integrity of laws from congressional term to term?

The only solution is for both parties to recognize that they share the same core.  They all need to understand that they share the same constitution, and the overall success of their term will be measured by their understanding and execution of their constitutional authority.  Republican or Democrat, the goal is to protect the rights of the people.  I believe that if we change the framework in which arguments in the legislature are made, then we will see more favorable results on the big issues facing the country. 

Strict adherence to the constitution, will reduce the monotony of party politics.  It could possibly restore trust in the system.  Trust is what this country needs, trust in your government goes a long way.  I believe in respecting your elders, respecting the past, and respecting the past sacrifices of our American brothers and sisters.  This is why I believe so strongly in upholding the vision of our founding fathers.  In time, we will have leaders in all three branches of government that share my beliefs.  Hopefully, in the mean time, our leaders take a long hard look at themselves and ask if they’re executing their jobs properly.  At the end of the day, the average American cares about results.  That’s it.  Results that are in the form of his/her life being a little better because of the decisions made in Washington.  I can assure you that adhering to the constitution and adding synergy to the formation of law in the three branches will lead to a more productive government.  A more productive government will provide more results for its people.  This is what all constituents want, and eventually there will be a leader who will stand up for them in the right way and when it counts.

“Don’t interfere with anything in the Constitution.  That must be maintained, for it is the only safeguard of our liberties”

-Abraham Lincoln