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Tuesday, July 22, 2008
Ed Feulner :: Townhall.com Columnist
Constitutional Confusion
by Ed Feulner
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Every president, every senator, every member of Congress and every Supreme Court justice takes an oath to uphold the Constitution of the United States.

The way some of them behave, though, you have to wonder if they’ve ever read it.

The Constitution is clear and understandable. It gives Congress, the legislative branch, the responsibility of passing our laws. It gives the president, head of the executive branch, the responsibility of enforcing those laws. And it gives the courts, headed by the Supreme Court, the responsibility of interpreting them.

Yet in recent years, leaders of all three branches have expressed confusing -- and incorrect -- ideas about the Constitution.

Take the members of Congress who filed a brief with the Supreme Court urging it to strike down Washington, D.C.’s gun ban. Fortunately, the Court agreed. But Congress had the power to defend D.C. residents’ gun rights all along.

Congress could have passed a law at any time removing the unconstitutional restrictions on gun ownership in the District. But it didn’t. Now, as the D.C. city council considers new legislation to restrict gun rights, Congress continues to be silent, again leaving the question to the courts -- when members have a duty to protect the Constitution, and the rights of D.C. residents as well.

Of course, the judicial branch is hardly blameless.

Courts frequently overstep their bounds, creating law rather than merely interpreting it. There are many examples, but one case proves the point. During its 2004 term, the Supreme Court ruled that detainees at Guantanamo Bay -- enemy combatants captured on foreign battlefields -- had the statutory right to file habeas corpus petitions in U.S. federal courts. It was a new right for enemy combatants.

Congress changed that. It passed the Detainee Treatment Act, which said, in part, “no court, justice or judge shall have jurisdiction to hear or consider” applications on behalf of Guantanamo detainees. That’s crystal clear -- lawmakers wanted to ensure detainees wouldn’t be able to tie up federal courts with endless habeas lawsuits. Continued...

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About The Author
Dr. Edwin Feulner is president of The Heritage Foundation, a Townhall.com Gold Partner, and co-author of Getting America Right: The True Conservative Values Our Nation Needs Today .
 
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What to do...
The American system of government has elections every two years for Representatives, every four for President and every six for Senators. I have wondered aloud of late, what would happen if someone decided to file the necessary papers and run against some of the 'elite' in our country. What if the local business owner, cop or farmer decided to run for Ted Kennedy's position in Mass.? How would the populace respond to an honest, hard working American trying to overthrow the 'royal family?' What if that person were to stand up for principle in every speech, and to defend liberty and honesty and morality? What if that person didn't mince words? What if it happened all across America?

Now that is something that would be fun to watch... and would be the right thing to do. Not 'armed revolt' not veiled or anonymous internet threats, not boycotting elections... No, find a good honest American, a regular Joe, and send him to Washington. And watch the screaming and wailing begin! It would be the best show in town!

Then, and only then, will the Constitution reign supreme in our nation. Then, and only then, will the Executive, Legislative and Judicial branches of government return to their Constitutionally established roles.

Of course, that might mean some of us not getting funding for our 'pet projects.' It might mean not funding schools and public streets from the national slush funds. It might even mean privatization of Social Security and the elimination of the Welfare State in America... And I am not sure Americans would vote for those principled positions.

Congress
Congress is totally ineffectual, the two major parties are so busy trying to make the other look bad even if one party comes up with a solution to an issue the other party will stand in the way of the solution getting implemented as to prevent the originating party from getting the credit. Both parties are also guilty of not passing meaning full legislation in fear of alienating voters, the end result is the Congress you have today!
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