Thursday, August 2, 2007

Constitution in Peril

August 1, 2007

Death imminent for United States Constitution

By P. A. Triot


Twenty or so years ago there was quite a public discussion about whether or not God was dead.


Of course, God was not dead then, and is not dead now, nor will God ever be dead.


The same cannot be said for the Constitution of the United States of America.
That document, and all it stands for, is in imminent danger of demise.


George W. Bush and Dick Cheney have done their utmost to kill the precepts of that august document. But those two outlaws alone are not treacherous enough to succeed.


Bush and Cheney are but two of a host of outlaws currently conspiring to kill the Constitution.


Others in the current administration share the death-eater moniker, among them are Karl Rove, Alberto Gonzales and Harriet Myers.


Several justices of the U. S. Supreme Court also are candidates for distain for their actions in whittling away at the Constitution.


These outlaws, and hundreds of others are guilty of acts of commission in helping kill the Constitution. However, they are not the only culprits in the ebbing death of that hallowed document.


Members of congress, including the leadership, are party to the Constitution’s slide to oblivion through acts of omission. So are many, many average citizens.


Here is the point: failure to enforce the provisions of the Constitution by one branch of government that curb the excesses of another branch is is simply allowing the Constitutional to die. It is the old bromide of “use it or lose it,” in reference to one’s power.


I submit that no administration in the history of this country has abused and misused the authority granted the executive branch of government by the Constitution as grievously as the Bush-Cheney administration.


They have committed war crimes. They have trampled individuals’ rights. They have condoned torture. They have ignored the often-expressed will of the people. They have lied to congress and the American people. They are, collectively, an outlaw regime.


I furthermore submit that no group of justices have so abused the Constitution as have several in the past seven years.


Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas subverted the Constitution with their decision (along with Sandra Day O’Connor and the late William Rehnquist) to short-circuit the Constitutional provisions for electing a president and thereby interfering with the Florida election count in 2000.


Justice Samuel Alito conceived the theory of a “unitary executive” when he was a Justice Department lawyer a few years ago. The “unitary executive” theory essentially allows the president to proclaim that he is a law unto himself and not subject to question by congress, the courts or even the citizenry.


Anyone who advocates such an anti-Constitutional theory, or is capable of dreaming up such a scheme, is unqualified to serve in government, let alone be a justice of the Supreme Court.


Congress, on the other hand, has done virtually nothing to uphold its own authority to curb executive and judicial excesses.


Authority granted to the legislative branch consists of:


Power of the purse, i.e., cut off funds to the other two branches.

Override presidential vetoes.


Advice and consent of presidential appointments of senior administration officials and federal court justices.


Impeachment and removal from office of the president, vice president, court justices and all civil officers of government.


Not once has congress seriously exercised its authority to reign in the president or to call for an accounting by the justices. By acts of omission, congress and its leaders are helping kill the Constitution.


If the Constitutional provision for impeachment and removal from office is not invoked now against Bush and Cheney, it never can be in the future. That provision will be dead forever, never to be used no matter the crime because no president or vice president could ever be such outlaws as these men have been and still are.


The American citizenry is also culpable in this Constitutional murder, either through of ignorance or indifference.


Until recently, there have been few calls for removal of any of the outlaws. Now, some 54% of the populace believe Cheney should be impeached (not a bad sign), but far fewer want Bush dumped.


I’m told by those who disagree with me that “it would take too long,” or “it would only accomplish more bitterness and polarization,” or “it would be more productive to pass some decent legislation.”


I believe there is no more important task for any citizen, elected official or appointed judge than to take all the time needed, endure all the vitriol that can be spewed or forego any single law to keep the U. S. Constitution alive, well and vigorously exercised.


After all, without a vibrant Constitution, there can be no meaning to any aspect of our government.


In short, we owe it to the founding fathers, ourselves and future generations to preserve and protect the Constitution. It’s simply the law.


Authors Bio: P. A. Triot is the pen name of a retired jounalist.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. I.U. has no affiliation whatsoever with the originator of this article nor is I.U endorsed or sponsored by the originator.)


The Nazis, Fascists and Communists were political parties before they became enemies of liberty and mass murderers.

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