The Washington Outsider


On Reading the US Constitution

The Republican lead 112th House of Representatives opened with a complete reading of the US Constitution by both GOP and Democratic Party members. Justification for this potential new tradition has largely resulted from charges that our government has basically ignored the very first piece of legislation our Founders voted into law for this Nation. Simply reading the Document, however, does not mean we understand what it says. Even the Supreme Court will often disagree on the details behind what rights individuals enjoy and what limitation exist for government. 

Consequently, the reading of our Constitution needs to always include discussions on what its provisions actually allow.Over the past few decades, our legislators have come to act increasingly polarized. The result is an often ineffective legislative branch that fails to act prudently on some of the most important issues facing the United States of America, and the world, today. For many of the more contentious policies, such as the healthcare reform effort of 2009, this has lead to situations where far more time and energy is spent claiming a particular provision in a piece of legislation is unconstitutional, when it is more often than not an ideological split, instead of debating the substance of the bill in order to determine if that particular law will be effective and beneficial.

While our legislators might legitimately quarrel over what policies are actually "necessary and proper" in limited cases, the extreme dipolar nature of our political system has left a foul taste in the mouths of many Americans. One consequence is a push to check legislative power by "restoring the Constitution." Although we see people walking around with copies of this sacred Document, which was written for the "common man," even if the language is far more sophisticated than what the average person is accustom to reading, it seems many people looking to restore the Constitution have failed to fully grasp what it actually says. In that spirit, I think it is necessary for us to be a little confrontational and question some firmly held beliefs.

"The Congress shall have Power -- ."

" -- to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribe -- .

Probably the most used and broadest power given to Congress is the Commerce Clause. When agreeing to this provision, the Founding Fathers may not have fully appreciated what this clause might authorize future Congresses to do. After all, the workings of an economy in an era when a horse represented both the most efficient mode of transportation and communication was exponentially simpler than the globalized economy of today that no one has fully mastered. Nonetheless, the Founders did give Congress this power without offering clear limits.

For "free trade" purists, most regulation is seen as government overstepping its boundaries. With the Deep Horizon oil spill and the Wall Street bailout sparking rage over weak or nonexistent regulatory oversight, it would seem "necessary and proper" is a foregone conclusion. Looking at the Constitution, it would also appear any claims that regulation violates the Constitution cannot be validated, yet political activists continue to proclaim new regulations are an overreach of government. Not all regulations are effective or necessary, but they generally are not improper.

" -- to establish Post Offices and post Roads -- ."

Since 2008, we have heard quite a bit of rhetoric coming from many members of the various "Tea Party" movements. One demand often shouted with praise is for government to limit its reach to national security and fixing the roads, as the Founders supposedly intended. Clearly, we are behind when it comes to repairing the Nation's roads as between two and three trillions dollars worth of infrastructure maintenance has accumulated with the largest national effort to address this issue being a few hundred billion dollars allocated by the American Recovery and Reinvestment Act. Then again, the only explicit authority Congress actually has to build roads is the Postal Clause. It seems to me a bit of a stretch to claim the Federal government actually has the explicit Constitutional authority to build and maintain massive projects like the Interstate and not other infrastructure projects.

" -- to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States -- ."

Of course, Congress does have the authority to provide for the common Defense and general Welfare of the Country, so the Interstate, being necessary to move troops across the Country during the Cold War in an emergency, does fall under the authority of Congress, but only if Congress's powers are interpreted broadly. To that end, we must consider the wrath provoking issue of healthcare reform. While building and maintaining vast highways across our Nation may stretch the meaning of the Postal clause and the General Defence clause, giving citizens a chance to become healthier, live longer, and achieve greater prosperity does support the general welfare of the United States. This is not to say what Congress has legislated is a good idea.

" -- to establish an uniform Rule of Naturalization -- ."

To hit on the controversial Arizona immigration bill passed in 2010, which requires suspected illegal immigrants to prove their legal status, Congress does have the authority and mandate to fix the immigration system. On the other hand, this does not necessarily mean Congress can prevent a State from identifying and arresting illegal immigrates, though an individual State acting autonomously on this issue is probably not a good idea. The Arizona's Law is improper, because it violates the Equal Protection and Due Process clauses of the Fourteenth Amendment when it comes to randomly targeting US citizens who are expected to prove their identity. Unless everyone in Arizona has to prove their citizenship, no one can be forced to do so.

" -- to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries -- ."

While we are on the subject, Congress has obviously neglected another one of its duties as the patent laws of our Nation are, quire frankly, outdated by decades and in need of a serious rewrite. Should we, however, again limit the scope of the General Welfare Clause, the above clause is the only provision that would allow Congress to fund scientific research, but it is self-evident that doing so would also be a stretch of this provision. Certainly, there are individuals who would gladly cut public funding to researchers, yet by far most Americans speak of NASA's accomplishments, as one example, with pride and offer it unwavering support.

Moreover, we should carefully consider whether or not we can validly claim a government action is Constitutional or unconstitutional before defaulting to such a proclamation as doing so limits debate at the expense of better legislation. We must also be ever more cautious when pushing our national leaders to limit their legislative reach on broad subject matter; alternatively, we should target individual solutions to issues that may actually be unconstitutional. We need to deal with specific legislation and work to make that legislation as effective, enforceable, and Constitutional as possible instead of deploying dirty tricks, such as making false claims questioning a provision's Constitutionality, to undermine support for it. This is the only way we as a democratic nation can move forward on the issues that need addressed.

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        • How the US Should Engage Political Revolt in the Middle East
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        • What Are Commonsense Regulations?
        • Should Public Health Be a Priority to the Governments of the World?
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      • An Essay on the Role of Government: Why Each Generation Must Define Democracy for Itself
      • Democracy and the Narrowing Power Elite
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      • Belittling Our Political Leaders
      • Defining "Liberal" and "Conservative"
      • Framing Issues Properly is an Important Political Tool >
        • Assessing US Elections Part I: Framing Issues Properly is an Important Political Tool
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        • Assessing US Elections Part IV: Focusing on the Foreign Policy Frame
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        • Should the Government Control Talk Radio to Make it More "balanced"?
      • How the People Are Lost in the Extremes of 'Right' and 'Left' in Politics
      • Should One's Faith Influence a Citizen's Vote?
      • Should the U.S. Government Help Fund Election Campaigns?
      • On Defunding Political Science Research
    • Worldview >
      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
      • On the Baby Boomer’s Self-Centeredness
      • The Case for Personal Responsibility
      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
      • The Need for Wisdom Beyond the Numbers
      • Perceptions of the United States
      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
      • Why New Forms of Capitalism and Socialism Will Compliment Each Other
      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
      • Why Are We Against Terrorism?
      • Why Does Terrorism Exist?
      • US Influence: The Value of American Citizenship Around the World
      • Responding to "the Soldier as Sacrficial Victim"
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      • How comfort defines us as people >
        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
      • Defining Abuse >
        • On the Willing Victim of Abuse
        • How to Understand Abuse Victims
        • Recognizing Abuse
      • The Role of Substitution in Decision Making
      • Trying to Understand PTSD and Other Trauma-induced Mental Health Issues
      • Exploring Human Emotion >
        • Mental Illness is Not the Cause of Anger and Violence >
          • Trying to Understand the Boston Marathon Bombing and Other Violent Crimes
          • Getting into the Twisted Mind of the Tucson Murder
      • Describing the Mind as Modes of Thought >
        • It’s Just Sex?
      • Relationships, or Arrangement
      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
      • What is a Redneck? Understanding Different Cultures and Thinking
    • Economics >
      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
      • Empowering the Sovereign Nation-State by Rethinking Trade Policy >
        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
      • Income inequality: understanding the limitations and psychology of disadvantage
      • Looking at the Future of American Jobs >
        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
      • Consumer and Investor Evolution in the Great Recession of 2008-09
      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
    • Education >
      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
    • US Constitution >
      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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