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Publius Huldah’s Blog

“The politician that undertakes to improve a Constitution with as little thought as a farmer sets about mending his plow, is no master of his trade. If that Constitution be a systematic one, if it be a free one, its parts are so necessarily connected that an alteration in one will work an alteration in all; and this cobbler, however pure and honest his intentions, will, in the end, find that what came to his hands a fair and lovely fabric goes from them a miserable piece of patchwork.” Daniel Webster, 4th of July Oration, 1802.

 

We live in a time of constitutional illiteracy. A recent survey found that only 26% of Americans can name the three branches of the federal government. Yet every Tom, Dick, and Harry thinks he knows all about how to amend a document he never bothered to read. Our lawyers were indoctrinated in law school with the Supreme Court’s perversions of our Constitution, and know nothing of our actual Constitution. We should read and learn the Constitution we have before we tinker with it or jump on the bandwagon of tinkerers. Otherwise, we destroy the “fair and lovely fabric” we were given.

Summary

Under our Constitution, Congress makes the laws, and the President enforces them. The powers of “making” and “enforcing” are separated so that the President and Congress may act as a “check” on each other.

But 100 years ago, Congress starting passing laws they had no constitutional authority to make, and delegated the details to be written by agencies within the Executive Branch. This process continued and resulted in the Code of Federal Regulations which contains the huge body of regulations made by agencies within the Executive Branch. And thus we got the unconstitutional administrative law state under which every aspect of our lives is being increasingly regulated and controlled. 1

And now appear those who, under the promise of limiting the regulatory administrative law state, propose an Amendment to our Constitution which would legalize it!

1. Only the Legislative Branch has Constitutional Authority to make Laws

Article I of our Constitution created the Legislative Branch of the federal government. Section 1 thereunder says:

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

That means what it says. Only Congress may make laws [and laws are restricted to the powers granted in the Constitution]; and laws may be made only by elected Senators and Representatives in Congress[…]

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