Monday, December 16, 2024

Congress passes hundreds of unconstitutional laws

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by Paul Engel, America Outloud:

Does the Constitution still matter? That’s a question I’m frequently asked. Some people think the Constitution is useless, while others wonder how people get away with violating it. What if they are two sides of the same coin, opposite reactions to the same misconception? That the Constitution is somehow going to come flying to our rescue.

You see, the Constitution is not a superhero; it’s a tool and nothing more. Just like any other tool, it is useless until someone actually uses it. And just like any other tool, unless you know what you are doing, you can actually end up hurting yourself even more.

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What is the Constitution

We need to start at the beginning. What is the Constitution? Yes, its ink on parchment, words on paper. If thats all it is, then why do so many people revere it? In the Supreme Court case Marbury v. Madison, we find:

Certainly, all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation,

Marbury v. Madison Opinion

So, if the Constitution is the fundamental and paramount law of the United States, why is it violated so often? Because the Constitution is just laws.

A rule, particularly an established or permanent rule, prescribed by the supreme power of a state to its subjects for regulating their actions, particularly their social actions.

Law – Websters 1828 Dictionary

The Constitution is not some magical incantation or spell that forces all who hear it to comply. Like any other law, its powerless without law enforcement.

That which gives energy or effect; sanction. The penalties of law are enforcements.

Enforcement – Websters 1828 Dictionary

In other words, the Constitution, like any other law, is merely a tool, a means of articulating the rules. Its their enforcement that gives laws power. The Marbury court stated that the Constitution forms the fundamental and paramount law of a nation, or as Article VI, Clause 2 states, the supreme law of the land:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;

U.S. Constitution, Article VI, Clause 2

However, all this vaunted talk of supreme, fundamental, and paramount laws means absolutely nothing unless and until they are enforced.

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