Category: U.S. Constitution

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U.S. Constitution

Politics or the Constitution?

Americans living in the District of Columbia are taxed by the federal government, but not really represented. To address this, a bill now in Congress would grant DC’s single delegate the right to cast a vote. The Senate has approved the bill, but attached a provision on gun regulation to which many in the House object. So House leadership is still mulling over what to do.

Both chambers miss the bigger problem: DC is a territory and our Constitution clearly states that only states shall have full represention in Congress.

There are a number of ways around this. The residential areas of the District could become part of Maryland or Virginia, for instance. Or the Constitution could be amended.

But our current leaders prefer ignoring the Constitution entirely.

For example, Attorney General Eric Holder recently ignored and even refused to release a report from his own Office of Legal Counsel that found the legislation to be unconstitutional.

Eleanor Holmes Norton, DC’s non-voting delegate, also pooh-poohs the constitutional issue. “I don’t think members [of Congress] are in the least bit affected in their votes on the question of its constitutionality,” she says. “People vote their politics in the House and in the Senate.”

Sad but true. Our representatives take an oath to protect and defend the Constitution, but their real allegiance is to their own petty politics.

This is Common Sense. I’m Paul Jacob.

Categories
U.S. Constitution

Hold Your Applause

Here’s a quiz. “[A] populist pep rally that’s constantly interrupted by applause.” This statement refers to

A. The shameful quadrennial nominating conventions of the Democratic and Republican Parties.
B. The constitutionally mandated State of the Union Address.
C. The Oscars.

It could be any of the three. There’s too much clapping in our society, not enough listening. This goes for your local PTA meeting as well as the annual presentation of The Academy of Motion Picture Arts and Sciences.

But Gene Healy of the Cato Institute was talking about the State of the Union speeches. “In our constitutional system,” he recently explained in a Cato Weekly Video, “Congress is supposed to be the lead dog and the dominant branch. And they really shouldn’t be jumping up out of their seats to clap at every outsized promise like they’re members of the Supreme Soviet cheering a new grain quota.”

Healy says that next year, when Obama must offer up the annual State of the Union, he should begin the speech by saying, “Ladies and gentlemen, please hold your applause till the end.”

I say, go further. Do like Thomas Jefferson did: Write up the report and send it to Congress. A public speech is not required.

And if Barack Obama cannot stand giving up the chance to use his golden voice and silver tongue, then deliver the speech as a podcast, for Congress to watch on their iPods.

This is Common Sense. I’m Paul Jacob.

Categories
U.S. Constitution

Meet the Moots

The meaning of institutions, like words, changes over time.

Take Congress. The Constitution hands legislative power to the two houses of Congress. With the growth of government Congress has delegated more and more of its powers to the executive branch.

In a recent column, George F. Will identified the most recent “development” of this trend. Will’s example is the automaker bailout. Congress did not authorize it: The package failed in the Senate. But President Bush simply took money from another bailout bill and dumped it at the failing automobile manufacturers.

Even if you think the bailout is good policy, the president should be censured. “With the automakers,” Will writes, “executive branch overreaching now extends to the essence of domestic policy — spending. . . .

George Will’s Washington Post column is titled “Making Congress Moot.” Droll, that. “Moot” is an ancient term for a deliberative body. Philologist and fantasist J.R.R. Tolkien used it to designate his congress of “treeherders.” Remember “entmoot”?

The phrase “moot point” used to mean “open to debate.” It now usually means “an issue raised whose determination cannot have any practical effect.”

Congress has gone from an august, important deliberative body — a moot — to a mere debating society. As the meaning of the word “moot” has decayed, so too has Congress.

Think of 535 moot points.

This is Common Sense. I’m Paul Jacob.