There’s no question that elections are extremely important. When discussing what needs to happen to bring the federal government back under control, some people will say, “Just elect good people.” And if our elected officials would just follow the Constitution, then everything would be fine, right? Well, not necessarily so. There are three flaws to this line of thinking.
First, we’re told our elected officials just have to follow the Constitution. Well, many of them already believe they’re following the Constitution when in their formal capacity. But, If they actually were, then our federal government would not be as out of control as it is today. So, what’s behind this disconnect?
Congress, as well as the Executive and Judicial Branches, are following the Constitution. They’re simply following the wrong one. Most of us are familiar with the Constitution that fits in our pocket. This Constitution is relatively brief at 4,543 words. And yet, this is not the Constitution our federal government believes they are to follow. The Constitution they follow is over 2,800 pages long. This version is today’s original Constitution – all 27 amendments and the court’s interpretation of the actual Constitution from case law. If you ask an attorney what they studied in their Constitutional Law class, case law is what they likely studied.
In the 1930s under President Franklin D. Roosevelt judicial activism accelerated. When President Roosevelt introduced his New Deal (most of which is completely unconstitutional), the Supreme Court was not supportive. Roosevelt’s response was to increase the number of Justices on the Supreme Court and pack it with his nominees who would rule in favor of his New Deal policies. Roosevelt’s activism was seen as a threat to then Vice President John N. Garner, who opposed and helped stop it.
Yet, the message was sent to the Court: “Fall in line or face additional changes.” An unspoken agreement, therefore, was reached. The Court would not face expansion if they granted their imprimatur to legislation fulfilling Roosevelt’s agenda. The result ever since has been a parade of legislation expanding the federal government’s power and consent by the Courts.
Second, let’s do the math. There are 435 members in the House of Representatives and 100 members in the Senate. A majority in the House, 218 members, would need to vote in accordance with the actual text and original intent of the Constitution. Given the House Freedom Caucus cannot even muster 50 members, the likelihood of having a majority of constitutionalists is not practical. The filibuster rule in the Senate requires 60 votes to end debate and move to a floor vote. If the House cannot surpass 25 percent of its members to even be conservative, there is no chance the Senate will even approach the 60 percent threshold. If a sufficient number of Congressmen and women voted in accordance with the Constitution, they would likely be voted out of office before sufficient reforms were enacted.
Finally, the federal government has simply grown too large for one party or one person to correct itself. We learned this during the Trump Administration pre-COVID years. President Trump was successful in decreasing regulations, taking steps to eliminate civil service positions and streamlining a few areas of the federal government. These reforms had minimal impact in the big picture. The Biden Administration reversed the majority of these policies early on. Also, limiting one’s influence or power also goes against human nature.
The Framers understood history and human behavior. This is why they provided We The People with the ability to return the federal government to their constitutional box. State legislators have the constitutional obligation to oversee the federal government. Today, more than ever, it’s up to We The People to educate our legislators and to provide the necessary encouragement to perform their constitutional duties!
In liberty,
Brett
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