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Thursday, December 11, 2008

Congressional Constitutional Ignorance

How do you get around the constitution? Oily, expansive politicians merely ignore the original intent.

That's how our government justifies spending trillions on dubious schemes. James Madison predicted it:
“If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare,” James Madison wrote, “the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.”
And now $650 million of your tax dollars have built a monument in our nation's capitol dedicated to distorting the constitution's original meaning. Congress’ new Visitor Center decrees the Constitution isn’t a list of powers delegated to government by the people, but rather of “aspirations” Congress is expected to define and realize. The exhibit specifies six:
  1. Unity (as in “a more perfect Union” in the Preamble, which grants Congress no power).
  2. Freedom (based on the First Amendment, which begins with the words “Congress shall make no law …”).
  3. Common Defense (from Article I, Section 8).
  4. Knowledge (authority to promote public education, support arts and sciences, fund extensive research).
  5. Exploration (to justify funding “curiosity and boldness” — like 4, this comes from a convoluted reading of the clause granting Congress the power to issue patents).
  6. General Welfare (found in Article I, Section 8’s restriction of the taxing power, but taken here to mean “improving transportation, promoting agriculture and industry, protecting health and the environment, and seeking ways to solve social and economic problems”).
For a remedy to this nonsense, read Professor Keith Whittington's essay, How to Read the Constitution. Here is an excerpt:
What is the constitutional text? It is an act of communication, of instruction, from the supreme lawmaker within the American constitutional system to government officials. It conveys their intentions as to what power government officials would have, how that power would be organized, to what legitimate purposes that power could be used, and what limitations there would be on that power.
Who is the supreme lawmaker? We The People. And don't let your elected officials forget it.


http://blog.heritage.org/2008/11/27/for-visitors-a-capitol-scandal/

http://www.heritage.org/Research/PoliticalPhilosophy/fp5.cfm

2 comments:

Canadian Pragmatist said...

I think the constitution is more than that. I think it can also be violated by politicians (legally, and not just in the court of public opinion). That's how it is in Canada; I'm just wondering if in the States the constitution is only symbolic.

For instance, in Canada, if the house votes non-confidence in the Prime Minister, he legally has to step down and allow for a coalition of the other parties (assuming he is only the minority leader).

Silverfiddle said...

Both major parties often treat it like it's symbolic, although it is actually a legal, governing text limiting government and stating our God-given (not government-given) rights.

More common yet, our government has veered off into areas never contemplated by our founders. These adventures are not unconstitutional, but rather extraconstitutional.

Most pernicious of all, government co-opts private enterprise by taking them over wholesale (schools) or by plying them with money (hospitals) and voila! they are no longer private and now subject to the same restrictions as government and no longer represent the mores and aspirations of the people.

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