I promoted my reply up from a new comment/rant on an old post.
Congress passes many bills which are clearly unconstitutional. I wish the president would veto those. If the executive branch declares an intent to not follow something unconstitutional I am ok with that (the exec branch took an oath to uphold the constitution, not the whims of congress). The legislative branch can sue and the courts can settle the matter. If congress really felt the president was acting unconstitutional they would try to impeach him (only a few nuts job like Kosinich have gone that far)
Going to court is ugly and reduces confidence on the governing process by citizens.
A better set of controls would be:
1) have congress un-bundle bills that have separate and unrelated components into separate bills (by internal rules or constitutional amendment as a last resort). This makes it harder for congress to hide unconstitutional activity and easier for the president to veto unconstitutional bills.
2) Each bill should explicitly state the legal/constitutional authority upon which it based (by internal rules or constitutional amendment as a last resort). This makes it harder for congress to hide unconstitutional activity and easier for the president to veto unconstitutional bills.
3) Bills reported out of committee – especially spending bills – should have a reasonable period of time for members of congress, citizens, the press, and the executive branch to exam and note flaw, objections, and trojan horses (by internal rules or constitutional amendment as a last resort). This will make it harder for bad law to be implemented.
4) Bills expanding the federal government or imposing new regulations should have a sunset clause – to force periodic renewal – and sunshine clauses – what will it cost and how will it be paid for (by internal rules or constitutional amendment as a last resort).This will make it harder for bad law to be implemented.
5) Congress should alter the judicial system so any remaining legislative/executive branch constitutional disagreements are fast-tracked.
Any other suggestions?
Update: I left out…the president should veto anything that doesn’t follow/conform to points 1,2 or 3 from above.
Filed under: U.S. Constitution | Tagged: U.S. Constitution |
Leave a Reply