Daily Archives: September 1, 2010

Who Enforces The Constitution?

By Jerry McDaniel

The number of people calling for Constitutional Amendments and Conventions seems to be growing along with America’s increasing dissatisfaction with Barack Obama and the direction his administration is taking the country. I have never quite understood the call for adding more amendments to the Constitution, but since so many of our fellow citizens seem to think that would solve our problems, why not give it a try.

We could start with an amendment listing what it is that we want the government to do for us, and then we could add one forbidding them to pass laws not related to those functions. How about one that says government cannot tax us except for what is necessary to carry out the functions listed? While we are at it, why not pass an amendment allowing us to keep firearms for the protection of our families and perhaps even allowing us to carry them when we go out in public? We could also pass an amendment forbidding government to interfere with our right to express our own mind when it comes to politics and religion. In fact, we could just tell the government our religious practices are none of its business. We could also pass an amendment that allows only Congress to make law, not the President, bureaucrats or judges.

My point is that calling for more constitutional amendments is like Mayor Daley of Chicago asking for more gun control laws to control crime. It is obvious that criminals who commit crimes with firearms are not particularly intimidated by laws against robbery, murder, assault and so on. So why would we expect them to be intimidated by more laws against guns. The same thing applies to adding more amendments to the constitution in the hope that they will in some way influence what government does. Adding another amendment to the Constitution is simply adding another law to regulate government to those already contained in the Constitution.

Any law is effective only when there is a very real likelihood that a penalty will be exacted for its violation. When the criminal knows there is little chance of their being punished for what they do, the fact that it is illegal will not prevent them from committing the crime. The same thing is true with members of government. The Constitution, along with its amendments is the law for government; therefore it applies mainly to politicians and government officials. The only penalty for its violation is removal from office, either through impeachment or through the ballot box. Expecting Congress to impeach its members for violating the Constitution is like deputizing Jesse James to apprehend train robbers or John Dillinger to arrest bank robbers.

The reason illegal immigration is the problem it is today is because those who are responsible for enforcing immigration law are not doing their job. Most thinking Americans realize that simply adding more laws will not correct the problem. The reason government’s violation of the Constitution is the problem it is, is because those responsible for enforcing it are not doing their job. Virtually every elected official who has been in office for any length of time is guilty of violating the Constitution. It is a crime to violate the Supreme Law of the Land, and yet, ninety to ninety-five percent of all incumbent politicians are returned to office by the voters to continue their criminal activities.

It is not the role of the Supreme Court or the Justice Department to enforce the Constitution any more than it is responsibility of drivers to enforce traffic laws. It is their duty to follow the law not to enforce it. When it comes to the enforcement of the Constitution, we, as voters, are the Prosecutor, Jury, Judge and Executioner. We are solely responsible for enforcing the rule of law on government. Until the American people realize and accept this fact, we can add all the amendments we want to the Constitution and it will make no difference. As long as we shirk our duty as the watchdogs of government, we have no right to expect someone else to do our work for us.

The voters of Arizona, while bemoaning the out-of-control problem with illegal immigration, again nominated John McCain as their candidate for Senate in the November elections. McCain has been one of the leading advocates for “comprehensive immigration reform” and amnesty for years. Illinois voters nominated progressive Mark Kirk as their candidate, again one of the most constitutionally criminal republicans on the ballot. Are we really sincere when we demand a return to Constitutional government and then go into the voting booth on Election Day and vote for a candidate that we know from experience, will not honor his oath of office and defend the Constitution?

Bookmark and Share