| Silly Freeper, he thinks the Constitution is still operative. |
Posted on 10/06/2013 9:02:40 PM PDT by EternalVigilance
| Silly Freeper, he thinks the Constitution is still operative. |
I made this point to a co-worker, who continues to openly scoff at it. It so happens that he is a immigrant from Canada, working on his legal immigration process. I told him if he is a budding U.S. Citizen, he should familiarize himself with the Federalist Papers, a copy of which I had already provided a copy months ago, along with the “5000 Year Leap” and “Democracy in America.” Pretty clear he has not delved into none of these but is quite proud that he is currently reading “The Age of Reason.”
The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people's liberty against combinations of government power. It structured the Executive, Legislative, and Judiciary separate and wholly independent as to function, but coordinated for proper operation, with safeguards to prevent usurpations of power. Only by balancing each against the other two could freedom be preserved, said John Adams.
Another writer of the day summarized clearly the reasons for such checks and balances:
• "If the LEGISLATIVE and JUDICIAL powers are united, the MAKER of the law will also INTERPRET it (constitutionality).
• Should the EXECUTIVE and LEGISLATIVE powers be united... the EXECUTIVE power would make itself absolu te, and the government end in tyranny.
• Should the EXECUTIVE and JUDICIAL powers be united, the subject (citizen) would then have no permanent security of his person or property.
"INDEED, the dependence of any of these powers upon either of the others ... has so often been productive of such calamities... that the page of history seems to be one continued tale of human wretchedness." (Theophilus Parsons, in ESSEX RESULTS)
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What were some of these checks and balances believed so important to individual liberty? Several are listed below:
• HOUSE (peoples representatives) is a check on SENATE - no statute becomes law without its approval.
• SENATE is a check on HOUSE - no statute becomes law without its approval. (Prior to 17th Amendment, SENATE was appointed by State legislatures as a protection for states' rights - another check the Founders provided.)
• EXECUTIVE (President) can restrain both HOUSE and SENATE by using Veto Power.
• LEGISLATIVE (Congress - Senate & House) has a check on EXECUTIVE by being able to pass, with 2/3 majority, a bill over President's veto.
• LEGISLATIVE has further check on EXECUTIVE through power of discrimination in appropriation of funds for operation of EXECUTIVE.
• EXECUTIVE (President) must have approval of SENATE in filling important posts in EXECUTIVE BRANCH.
• EXECUTIVE (President) must have approval of SENATE before treaties with foreign nations can be effective.
• LEGISLATIVE (Congress) can conduct investigations of EXECUTIVE to see if funds are properly expended and laws enforced.
• EXECUTIVE has further check on members of LEGISLATIVE (Congress) in using discretionary powers in decisions regarding establishment of military bases, building & improvement of navigable rivers, dams, interstate highways, etc., in districts of those members.
• JUDICIARY is check on LEGISLATIVE through its authority to review all laws and determine their constitutionality.
• LEGISLATIVE (Congress) has restraining power over JUDICIARY, with constitutional authority to restrict extent of its jurisdiction.
• LEGISLATIVE has power to impeach members of JUDICIARY guilty of treason, high crimes, or misdemeanors.
• EXECUTIVE (President) is check on JUDICIARY by having power to nominate new judges.
• LEGISLATIVE (Senate) is check on EXECUTIVE and JUDICIARY having power to approve/disapprove nominations of judges.
• LEGISLATIVE is check on JUDICIARY - having control of appropriations for operation of federal court system.
• LEGISLATIVE (Peoples Representatives) is check on both EXECUTIVE and JUDICIARY through power to initiate amendments to Constitution subject to approval by 3/4 of the States.
• LEGISLATIVE (Senate) has power to impeach EXECUTIVE (President) with concurrence of 2/3, of members.
• The PEOPLE, through their State representatives, may restrain the power of the federal LEGISLATURE if 3/4 of the States do not ratify proposed Constitutional Amendments.
• LEGISLATIVE, by Joint Resolution, can terminate certain powers granted to EXECUTIVE (President) (such as war powers) without his consent.
• It is the PEOPLE who have final check on both LEGISLATIVE and EXECUTIVE when they vote on their Representatives every 2 years, their Senators every 6 years, and their President every 4 years. Through those selections, they also influence the potential makeup of the JUDICIARY.
It is up to each generation to see that the integrity of the Constitutional structure for a free society is maintained by carefully preserving the system of checks and balances essential to limited and balanced government. "To preserve them (is) as necessary as to institute them," said George Washington.
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Footnote: Our Ageless Constitution, W. David Stedman & La Vaughn G. Lewis, Editors (Asheboro, NC, W. David Stedman Associates, 1987) Part III: ISBN 0-937047-01-5
http://www.nccs.net/articles/ril31.html
US Constitution timeline / scholastic.com
May to September, 1787
A group of men, now known as the Founders, meet to discuss and write the U.S. Constitution.
The 4,543-word document explains how the country's new government will work. It is drafted in less than 100 days. Ben Franklin, George Washington, and James Madison are among the 55 delegates responsible for the document. More than 200 years later, the Constitution remains the highest law of the United States.
September 17, 1787 --- The U.S. Constitution is signed.
Some feared the original Constitution gave the federal government too much power. They demand that changes to the Constitution be made to protect the basic liberties of the people. The first 10 changes to the Constitution are known as the Bill of Rights.
December 15, 1791 --- The Bill of Rights, the first 10 amendments, is ratified.
Among the many liberties guaranteed under the Bill of Rights are the freedom of speech, the freedom of the press, and the freedom of religion.
Over time, 17 more amendments will be added to the Constitution....from 1795-1992.
Excellent post.
Timely, ain’t it?
ABSOLUTELY.
In fact, I would go so far as to say ESPECIALLY for the judiciary.
AMEN!
Timely, ain’t it?
Absolutely!
Checks and Balances? Use them or lose them!
The 17th amendment short circuited the US constitution’s main defense against Federal tyranny.
Star Parker had some similar thoughts this morning...
star-parker-tea-party-is-the-solution-not-the-problem-n1718568
She must have been reading this thread last night. :-)
And that is the Senate's part of the separation of powers which would allow them to stop a runaway house and president. The president has the veto power and the pocket veto to try and control a runaway house and senate.
What a fabulous resource - Thanks!
We’re with you on that. Thx.
This is going on Facebook.
Thank you!
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