Posts Tagged ‘legislative branch’

Publius

A Congress that Reasserts its Power

by Publius

George Will in today’s Washington Post:

Unlike most of the 111 that preceded it, the 112th Congress must begin the process of restoring the national regime and civic culture the Founders bequeathed. This will require reviving the rule of law, reasserting the relevance of the Constitution and affirming the reality of American exceptionalism.

Many congressional Republicans, and surely some Democrats with institutional pride, think Congress is being derogated and marginalized by two developments. One is the apotheosis of the presidency as the mainspring of the government and the custodian of the nation’s soul. The second is the growing autonomy of the regulatory state, an apparatus responsive to presidents.

The eclipse of Congress by the executive branch and other agencies is Congress’s fault.

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SusanAnne Hiller

The Consent of the Governed

by SusanAnne Hiller

Knowing that the 111th Democrat-Progressive ruled Congress is indeed tyrannical in its endeavors to ram through ObamaCare, the Left continuously touts that the American people want this bill. Now, I have seen the polls and so have you, and so have the Democrats, including Obama, and they clearly know that they American people are vehemently against this healthcare takeover.

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This leads me to my next point. I search through our Founder’s words in the Declaration of Independence. I’m searching for guidance, for the Founders must have known there would be tyranny lurking at every corner to deconstruct the nation that they had instituted. So many of us read the founding documents today, dusting them off, reading every word, clinging to every word. And there it is:

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. emphasis mine

What’s missing is the how. We have the Right. But, does it go further?  An obligation, perhaps? Do the Founders leave the door open to any effective means? The people have the Right to abolish an oppressive form of government. Because we do not consent, we have the Right to institute a new government–to abolish all that exists and start new. All the entitlements, bribes, kickbacks, deals, unfair taxation–everything.  They give Americans the Right, directive, and ability to dissolve the current tyrannical government.  They knew this would happen.  That is why they give us the “Right” to guard this great nation against future tyranny.

In addition, our Founders, as only Fathers could to, give us the directive in the Declaration of Independence:

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. emphasis mine

It is our duty to ”throw off such government.” Not optional.  An obligation.

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Mark J.  Fitzgibbons

ObamaCare Corrupt Deal Shows Need to Amend the Speech and Debate Clause

by Mark J. Fitzgibbons

Several state attorneys general have been asked, or plan, to investigate the deal struck by Senator Ben Nelson to permanently exempt Nebraska from paying Medicaid expenses in exchange for his voting for Obamacare.

An investigation of the Nelson deal would likely have two focuses. First, is the Nebraska exemption unconstitutional under Article I, Section 8, Clause 1 of the Constitution, which requires “all Duties, Imposts and Excises shall be uniform throughout the United States?” Secondly, did the deal constitute a form of corruption?

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Whether the Nebraska exemption constitutes unlawful corruption obviously depends on the facts surrounding how Senator Nelson cut his deal. However, even a pure constitutional challenge would benefit from a clear understanding and presentation of the facts underlying how and why the Nebraska exemption was reached.

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