Congress and the Constitution


By: Richard H. Frank

Notwithstanding President Obama’s assertion that our Constitution is a list of negative controls over our Federal government, Congress should revisit Article I section 8 and article II section 2 of the document and take action to clean up many of the past abuses and usurpations to return us to a true representative republic. One or possibly two simple pieces of legislation enacted by Congress could go a long way to correcting past abuses and usurpation of authority by government agencies and the executive branch.

First, a bill should be introduced specifically limiting any and all government agencies from imposing restrictions and/or regulations not enumerated in the original legislation authorizing such agencies. This legislation must be made retroactive to the date any and all agencies were originally established. Any restrictions and regulations not specifically enumerated in the original authorizing legislation shall be rescinded.

Next, a bill should be introduced strictly limiting the power of the President to issue any executive order not directly affecting the “national defense” or “national security”. Under no circumstances will the executive branch usurp Congress or the Judiciary powers through  an executive order. Additionally, any such executive orders currently in effect not dealing with ‘national defense” or “national security” will be null and void under limits imposed by the Constitution in Article II section 2.

These two simple pieces of legislation will go a long way in returning government to the Founders’ vision of balance between the separate but equal branches at the Federal level, and the relative position of power for the states enumerated in the 10th amendment.

The real task rests with finding representatives in Congress possessing the integrity and leadership to sponsor such legislation. Where are the re-founders that this nation so desperately needs? I challenge Congress to take a stand in defense of the Constitution that they have sworn to protect and defend by sponsoring legislation that accomplishes the aforementioned positions.

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