Wednesday, July 25, 2012

If you don't like it...change it.




The U.S. Constitution. Ratified on March 4, 1789, it has been the supreme law of the land for over 223 years. By 1791, the first ten amendments (known as the Bill of Rights) had been ratified and the Constitution has been amended 17 more times since then. The 27th Amendment was passed in 1992. This somewhat unusual amendment, called the "Congressional Compensation Amendment of 1789"  was passed more than 200 years after it was first submitted. The Constitution allows for a process (read Article 5 of the Constitution) for changes to be made and 27 times it has been amended. Amending the Constitution does require clearing a pretty high hurdle. Passage by two-thirds of both Houses of Congress is required to propose an amendment and three-fourths of the States must approve it for the amendment to be ratified. It does not require the signature of the President. The Supreme Court does not need to be consulted in the matter. An alternate method is for two-thirds of the states' legislatures to call for a national convention to propose amendments however, this process has never been used.

There are many Americans (and likely many foreigners) that do not like certain provision of the Constitution. There is a process to change it, though. 33 total amendments have been proposed, with 27 having been ratified. The other six were never ratified by the states. Americans could amend the Constitution to change the requirements for amending the Constitution...but that amendment would require adherence to Article 5.

Congress passes laws that are supposed to be within the scope of what the Constitution allows. In response to lawsuits filed by many states' attorneys general, the Supreme Court recently reviewed and ruled on the constitutionality of certain aspects of the Patient Protection and Affordable Care Act, also referred to as "Obamacare." Considered unpopular by many Americans, the Supreme Court ruled in a very controversial opinion written by the Chief Justice that the so-called individual mandate to purchase health insurance or pay a fine was constitutional by virtue of Congress' constitutional taxing authority.

Many conservatives believe that Justice Roberts was wrong in his vote which allowed the more liberal justices' vote to prevail 5-4. Justice Roberts said that he tried very hard to find a constitutional basis for Congress' law because he believes that overturning a law passed by both Houses of Congress, regardless of its unpopularity with a large number of citizens, is not something that the Supreme Court should do lightly. I happen to agree with that statement.

We can't have it both ways. The Constitution is the supreme law of the land. If Americans believe that it needs modification, then change it. It's not easy though. You need super-majorities in Congress and the States. If you don't like a law passed by Congress or you think we need a new law passed, you can tell your members of Congress. If they don't do what you want, vote them out of office. It is not the job of the Supreme Court to do the job that is supposed to rest in the hands of voters.

It is also not  the job of the President and Executive Branch to usurp or overturn or write new laws by virtue of executive order. The Executive Branch is also not supposed to refuse to enforce duly passed laws. If they do this, then you have an opportunity every 4 years to do something about it.

Throwing rocks in the street or shouting at one another on cable TV might be fun but it doesn't change the law. As much as I may disagree with laws passed by Congress, if my side of the debate does not prevail, then I just have to work harder next time to convince my fellow citizens to vote for like minded candidates.



In the news even today we hear about displeasure with the 2nd Amendment (the right to bear arms...gun ownership) and the laws concerning definition of marriage (among other things.) If you don't agree with or like those laws, change them. But you better have enough Americans that agree with you. That's just the way it works.

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