defending the constitution
Jan. 29th, 2007 11:45 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
apharWhen the US public officials take the oath of office, they swear to uphold the constitution.
(This includes congressmen (senators and representatives), the president and his cabinet).
So, what happens when the Supreme Court declares some of their actions unconstitutional?
(e.g., a law is truck down as unconstitutional, of a presidential action is deems such).
NOTHING!
Maybe this is the reason that our constitutional rights have been eroded to the degree that one cannot easily own a weapon or say that the president is a jerk and should be flogged to death (because this is considered to be a threat and is investigated by the US Secret Service)?
What can (should) be done?
Radical: the person who swore to protect and uphold the constitution and whose actions are found by a court to violate the constitution is a felon and is imprisoned (or executed, depending on your bloodthirstiness).
Moderate: such a person loses his job (and, if you are really vengeful, cannot hold public office for life)
Mild: such a person is censured and a more radical punishment (see "moderate" above) sets in after the person has been censured more than N times in a single month or more than M times total.
Despite my natural cruelty, I prefer the latter approach because of its greater flexibility, and also because the way to ask a legal question in the US is to sue someone (Lessig), i.e., the only way for, say, Congress to find out conclusively whether something contradicts the constitution or not is to do that and ask the Supreme Court to examine the dubious law.
Thus I would suggest that voting for a bad law should cost a member of Congress 1 censuring point, while sponsoring such a law should cost 5 points. N=5 and M=20 appear then reasonable (i.e., if you sponsor a dubious law, make sure you do not vote for any other such law). Signing a bad law should cost the president 5 points; taking an executive action - 2 points.
(This includes congressmen (senators and representatives), the president and his cabinet).
So, what happens when the Supreme Court declares some of their actions unconstitutional?
(e.g., a law is truck down as unconstitutional, of a presidential action is deems such).
NOTHING!
Maybe this is the reason that our constitutional rights have been eroded to the degree that one cannot easily own a weapon or say that the president is a jerk and should be flogged to death (because this is considered to be a threat and is investigated by the US Secret Service)?
What can (should) be done?
Radical: the person who swore to protect and uphold the constitution and whose actions are found by a court to violate the constitution is a felon and is imprisoned (or executed, depending on your bloodthirstiness).
Moderate: such a person loses his job (and, if you are really vengeful, cannot hold public office for life)
Mild: such a person is censured and a more radical punishment (see "moderate" above) sets in after the person has been censured more than N times in a single month or more than M times total.
Despite my natural cruelty, I prefer the latter approach because of its greater flexibility, and also because the way to ask a legal question in the US is to sue someone (Lessig), i.e., the only way for, say, Congress to find out conclusively whether something contradicts the constitution or not is to do that and ask the Supreme Court to examine the dubious law.
Thus I would suggest that voting for a bad law should cost a member of Congress 1 censuring point, while sponsoring such a law should cost 5 points. N=5 and M=20 appear then reasonable (i.e., if you sponsor a dubious law, make sure you do not vote for any other such law). Signing a bad law should cost the president 5 points; taking an executive action - 2 points.
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no subject
Date: 2007-01-30 04:53 pm (UTC)BTW, did you get my e-mailed question?