Does our Constitution really matter?
Are we living in a post-Constitution America? Does anyone really care?
The answer depends on how you view the Constitution. Some view it as the unmitigated law of the land, the constant that made America great and will keep her great. Some believe it is a relic of the past, even dead, and we just need to do what we think is right and we should be more interested in being a good global citizen.
When Obamacare was brought before the Supreme Court, they found the wording in Obamacare was unconstitutional. So the Supreme Court, the arbiters of what is constitutional, acted as legislative and executive branches, unilaterally changing the wording in the law, then pronounced it constitutional.
No need for the pesky constitutional legislative processes. Later, they would ignore the dictionary and find that the words in the law didnt mean what they said but what the Supreme Court thought they should say.
This precedent opened the door to more than 20 unilateral changes to Obamacare by the administration including waivers, delays for favored businesses, and a plethora of other bureaucratic regulations which, indeed, altered the law without following the same constitutional processes required for it to become law.
Neither Congress nor the media saw any problem throwing the constitutional checks and balances, and legislative process out the window, under the bus. After all, it was the right thing to do.
Asked why the Iran deal wasnt a treaty, John Kerry blatantly stated it was because you cant pass a treaty (through the Senate) anymore a pesky constitutional requirement for a two-thirds vote by the Senate designed to protect us from monarchical rule.
He noted how he had trouble passing another treaty previously. It has become impossible. Was it that? Or was the treaty bad for the U.S.?
The solution? Taking a page out the Obamacare Supreme Court process, you play scrabble and rename what would normally be the treaty to an agreement. And just like that, you dont need the Senate vote. You just head for the U.N.
Now the Senate is revealing the agreement has many facets that may harm the country, including secret side deals so secret only the U.N. can see them.
So Senate, is approval impossible or is it a treaty thats bad for America? We will find out . . . the easy way or the hard way.
There are many, many more examples of our leaders gaming the system to the cheering support of their followers.
But with this as a precedent, imagine the chaos when the political winds change. That is why the constitutional process was so important. It held us together.
So now whats the role of the Constitution in governing our country, and does anybody care? Do our leaders care?
Is it sitting in the ash-heap of our history? Are we in a post-constitutional era? Or does it have relevance and value today?
This is an important issue that defines a significant divide in our country.
One concept says we are governed by and for the people through a slow, stable, predictable process defined in the Constitution.
The other is by and for whatever the ruling class and special interests define as good for us this week (and how good is defined by them), unilaterally changing laws and process as they go, to do what is right.
So, which way will WE let OUR country go?