Return to Sanity: Constitutional Federalism for Dummies

Veto - Illustration (Photo credit: DonkeyHotey)

Originally posted at Simply Because It Is

I'm going to write off the cuff here a bit for those who might not know why our constitution and government is as unwieldly and slow as it is.

Was

Designed

That

Way.

The founders realized that to slow the march of a tyrant and the destruction of government, there had to be checks, balances, levels, splits and procedures that prevented one person or even one party (they didn't design parties into the system, most of the founders hated the political parties that arose) from just having a green light on anything and going to down and doing whatever it wanted.

This is the reason for the veto - so congress couldn't just pass a law that the president had to sign.

This is the purpose of the super-majority - so the president can't just stop whatever he wants to from congress through a veto - a veto can be overridden - 2/3 of the congress are required to override a veto and it can be done.

A filibuster allows the minority party to stop legislation in the senate from passing out of the chamber by enacting an indefinite and perpetual debate on the floor - it gives the minority party power to represent their constituents and keep from being trampled by the majority.

This is the purpose of the "bi-cameral" legislation - or two houses. One - the Senate - based on equal representation with each state having two senators and the other - the House of Representatives - based on population with a limit of 435 representatives fixed proportionally.

A judicial system that interprets the constitution and can try anyone in government but cannot direct the military or write law.

An executive branch (President / Vice-President) who do not have the power to write laws (Though Obama wants to through executive order because of that pesky constitution).

A legislative branch that writes laws but does not enforce them or interpret them or direct the military.

A house of representatives which has power to try the president - or impeach him - as well as control the budget and can cut funding to Obamacare if they wish to.

The federal government only has jurisdiction over interstate commerce, national defense, international trade and regulations and over the territories (until Obamacare came into your personal life).

The purpose of Federalism was to separate the powers so the president or any government official wouldn't be a "king."

Obama can't write parking tickets - cops can't start wars.

Things like that.

Heck, the North Plains Police Department here in Oregon gave Al Gore a speeding ticket on Highway 26 on his way to a global warming conference doing 88 in a 55 while he was nastily burning carbon emissions by speeding. Al Gore tried to pull the "do you know who I am" aristocratic mentality but the police officer still gave him a ticket.

The purpose of the constitution was to limit the powers of government, not citizens. This is why it is a government "of the people."

You are responsible for your food, your income, your house, your security - you have that freedom. You don't have to live your life by King George's Leave anymore.

You don't have to kiss his ring anymore.

I have the freedom to say whatever I want about the president (well, up until the 1980's as the totalitarian police state encroaches and we are disarmed).

The point is - the government was purposefully designed to move slow. These responses by FEMA to disasters. The government wasn't designed for this. It's purposefully slow to keep it intact and allow challenges to its authority. Grover Cleveland was notorious for his vetoes once told the Texas farmers whose crops were ruined by drought that they needed to rely on charitable contributions and the government wasn't in the business of charity and vetoed a bill for the feds to bail out the farmers. The money raised in that little endeavor (year escapes me) was more than what was donated by FEMA to the Katrina victims.

So while Obama is frustrated over government's slowness in responding to things, it was designed to protect us from people *just*like*him* - tyrants dressed up in nice suits who have our "best interests in mind" and know what's better for us than we do and want to eliminate government to take care of it.

So before you get frustrated with congress and government - that constitution is what has kept them from being even more radical than they are. And the only people it will work for is a moral and religious people. A greedy - self entitled - class-warfare inspired people who covet other peoples' goods and who are not "fruitful" - can't handle that constitution. That's not what it was designed for.

You're going to hear a referendum on the constitution in years to come. Remember this when people say that the constitution is the problem.