The new story for the incoming Congress has a “new” idea…….why not turn to the Constitution to “legalize” all bills and procedures? What procedures? That game played by politicians in “Foggy Bottom”……
As usual it will be about the Constitution…….or what they want you to believe is about the Constitution…..but there is a new twist to the game…the GOP will do a very infantile thing at first chance….
From David Corn in Politics Daily……
On Thursday, Capitol Hill Republicans, a day after taking control of the House, intend to read the U.S. Constitution on the floor of the House of Representatives. This is, of course, a stunt designed to position the GOPers as the party that really, really, really cares about constitutional government. But the exercise is the showy equivalent of wearing a flag pin. It’s no great feat to mouth the words written in 1787 in Philadelphia by a committee of the Federal Convention. That doesn’t resolve any issues, for as any high school student with a decent history teacher knows, Americans have been arguing about what is and isn’t constitutional governance since Marbury v. Madison. Still, this stunt-reading comes at a convenient time, for there is indeed a foundational debate underway in the United States, and it does track back to this sacred secular text.
As reported by Andrew Cohen in Politics Daily…..
Under the new procedural rule, set forth in a five-page memorandum reportedly distributed last week to all House members, the House clerk will soon be required to reject outright any legislation that does not cite “as specifically as practicable the power or powers granted to Congress” that support the measure. The effect of the new standard will be to force lawmakers at the earliest stages of the legislative process to explicitly identify the perceived legal basis for the proposed exercise of federal legislative power. The purpose of the new rule presumably will be to screen out from any meaningful deliberation proposed legislation that House lawmakers believe is beyond the scope of congressional authority. That very argument — that Congress exceeded its constitutional authority under the Commerce Clause, for example — has been made, with force, in the ongoing legal and political battle over the validity of the Patient Protection and Affordable Health Care Act of 2010.
Beyond its symbolic power, however, it is unclear what impact the new rule will have upon the nation. Under axiomatic legal precedent, virtually all congressional action is presumed valid anyway, at least initially. Moreover, by taking their oaths of office, lawmakers swear to abide by the Constitution, and virtually all legislation is vetted for constitutional support on some level by government lawyers before it makes it to committee or to the floor of the House. It is also quite obvious, from 223 years of legal and political debate on the topic, that the text of the Constitution itself, including those portions that deal with legislative power, are susceptible to many different (and often evolving) views and interpretations, a practical reality that would likely render most “Constitutional Authority Statements” controversial and contentious.
All this is to make the process more “transparent”…..but to whom? If it is for the people, then this game will be a waste of time….why? Most people would not recognize most of the Constitution even if it bit them in the ass…..Is if for the Congress members? If so, then my question is….should not these slackers already be aware of the Constitution and the status of bills? If not…..why did you elect them?
This is just another political game….a game to make it appear that they are doing something when they are NOT! As usual the Constitution will be a political prop………
Hmm… good post. However, Is it just me, or do you see a parallel here between all this constitutional fervour and the religious fervour that exists under most denominations and has threatened world peace and the progress of humanity for several thousand years – and still does, perhaps more than ever?
Isn’t taking bits of the constitution out of context and twisting, literally interpreting, even denying them, simple doing what every wacko religious cult has done since the beginning of human consciousness?
In fact, is the Constitution not being given the same religious status and used in the same devious way as the Bible or the Koran, etc., are used by religious nuts?
Oh yeah it has……..most of these people have a leather bound pocket edition of the Constitution on their person, that they use as a prop when necessary, but how many know what it really says? This is a game being played out in front of the cameras to hoodwink the people…..Pure bullshit!
I imagine you’re right that few know what it says – and I’d suspect even fewer know know what it MEANS with any degree of reality attached.
So true…….the fun part will be to see which Repub will read the 16th amendment which is about taxation……we know how much they hate the word taxes……who will have the cajones?
Did anyone notice the attitude of acomplishment in the air? Some acted as if they really got something done…….HURRAY!!!! Congess can read!!!!
If I am not mistaken…they left out a couple of parts…..
Ok my phone doesnt spell check. I meant to type “congress” can read, and i guess i cannot. My dream of being speaker of the house is over:(
Phillip: I’d have thought that showed that you were apparently better qualified for the job than previously seemed to be the case 😆