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Wednesday, August 8, 2012

In Defense of the Constitution

As stated in the Constitution, the Federal Government was established with specific enumerated powers granted separately to the Legislative, Executive and Judicial Branches. The founding fathers were clear that these powers were limited. Alexander Hamilton, a strong advocate for the Constitution, argued against the inclusion of the "Bill of Rights" since "---why declare that things should not be done when there is no power to do so?". (The Federalist Papers, page 513 (No. 84) Edited by Clinton Rossiter).

To emphasize the point, Amendment X of the Constitution states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Obama Administration has taken actions that may be expedient to attain its goals but are constitutionally suspect. To cite some examples, it has:

     *Advised companies that they need not comply with a law that requires notification to employees 60 days prior to an impending layoff,

     *Indicated that it would not enforce the Defense of Marriage Act,

     *Not effectively enforced the immigration laws and nullified certain provisions by executive edict,

     *Written regulations forcing religious organizations to provide their employees health care coverage for contraceptives and abortifacient drugs and

     *Has provided work requirement waivers for those on welfare contrary to the welfare reform legislation passed during the Clinton Administration.

No President can decide under the Constitution which laws he will enforce and those that he will not enforce. Nor can he issue executive orders contrary to the powers granted to him in the Constitution or by Congress under its constitutional authority to legislate.

If the President believes that the Federal Government requires more power in the national interest, he ought to make his case to the American people and seek a constitutional amendment to do so.

The Constitution is not a document that we should honor only when it suits our purposes. It is the basic law of the land, duly ratified and accepted by the people. Some of its provisions did not come easily. The country fought a Revolution that made it possible and a Civil War to insure its benefits to all citizens.

These are the ties that hold us together. We are a nation of laws, not of a discretionary and arbitrary authority. The Constitution needs to be "preserved, protected and defended" for us to remain a free and united country.




     

1 comment:

  1. I agree with each of Norm's points. Well written Norm! Unfortunately, this President proudly proclaimed his goal was to;"fundamentally transform America." The writer's of our Constitution wrote this document in a manner to protect these United States of America from one leader being able to accomplish such a task. Hence the reasoning behind creating a balance of power. Three branches of government, not just two. Good job Norm!
    Kenny

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