It seems there are many in our government who do not understand the Constitution. Or worse, many in our government who do not want to abide by the Constitution. That is right close to being criminal because they swore an oath to protect and defend the Constitution.
Note that, in the following, references to law are Federal Law.
Things They Don’t Seem To Understand
- The Constitution is the supreme law of the land. To change the Constitution requires an Amendment as defined in Article V of the Constitution.
- A law cannot be passed which is contrary to the Constitution. Nor can Congress pass a law which is not within the specified limits of the Constitution.
Note that State constitutions and State laws are limited by the Constitution only in the sense that they cannot be contrary to the Constitution.
- The Supreme Court is a separate and equal third Branch of the United States Government, as defined in Article III of the Constitution.
- Supreme Court decisions can only be changed by the Supreme Court.
Let’s take a look at four of these great legal minds who don’t quite understand the Constitution. It should be noted that there are many others who seem to agree with these great legal minds
Nikki Haley
Wants a law to force a President to pass a cognition test.
Can’t do that.
Article II of the Constitution lays out all the requirements to be President, and a cognition test isn’t one of them. As far as age goes, the only requirement is that the President be over 35 years of age.
On top of that, Amendment XXV of the Constitution provides for removal of the President if “… the President is unable to discharge the powers and duties of his office …”
Bill Clinton
Wants a law to eliminate the Electoral College.
Can’t do that.
Article II of the Constitution defines the Electoral College.
Lindsey Graham
Wants a law to limit the length of pregnancy to have an abortion.
Can’t do that.
The Supreme Court recently ruled that the Constitution maintains that abortion is not within the realm of the Federal Government.
That being the case, a law cannot be passed to limit abortion. Or, as the elite among us like to say, “Codify the limit.”
Chuck Schumer
I’m giving you two for one on Schumer.
Wants a law with no limits on the length of pregnancy to have an abortion.
Can’t do that.
For the same reason that Lindsey Graham can’t pass a law in the other direction.
Wants a law to place rules on the Supreme Court.
Can’t do that.
This one makes me ashamed that a United States Senator doesn’t know better.
In about grade four, I learned about the first Supreme Court Landmark Case. I would like to believe that Schumer, having gone to Harvard Law School, would have at least heard of the case.
On February 24, 1803, the Supreme Court, led by Chief Justice John Marshall, decided the Landmark Case of William Marbury versus James Madison.
The decision, in brief:
The Marshall Court ruled the Congressional Act of 1789 to be an unconstitutional extension of Judiciary power into the realm of the Executive.
In other words, one Branch of Government cannot extend its power into another Branch of Government.
If you are interested in learning more
I have a rather short blog on the Landmark Case of Marbury versus Madison.
