Friday, March 29, 2013

Is this what they meant?

Looking at the US Constitution, it seems apparent that the Founding Fathers intended to limit the Federal Government to functions and actions specifically called out in the document.  The structure of the document seems to envisage a process where new functions and actions would be viewed as unconstitutional until allowed under amendments to the Constitution.  This has not been the way the government has evolved.  Rather, new functions and actions have been routinely undertaken via Federal laws, Presidential edict, or other mechanism.  A classic "fox guarding the hen-house" situation.

For unknown reasons, the Supreme Court has been complicit in this by often ruling that the Constitution intends some government function by implication because it was not ruled out.  In this manner the Supreme Court has de facto continuously revised the Constitution without following the Amendment process specified in that document.

Examples of Federal incursions into "unconstitutional" areas include entire Departments (Labor, Health & Human Services, Environmental Protection, Housing and Urban Development, etc.) and specific legislation (Defense of Marriage Act, Abortion Laws, some Immigration Laws, Marriage Laws, Adoption Laws, Americans with Disabilities Act, Equal Pay Act, Minimum Wage, some Education Laws, Health Care Laws etc.).  Despite the enticing titles of some of the legislation, the Founding Fathers intended that the States make decisions in these areas.  They celebrated diversity instead of trying to force everyone into the same mold.

In many of the above cases, it might be perfectly reasonable for the Federal government to perform the functions and actions that they have taken on -- but not in the way it has been accomplished.  If the States desire such functions and actions by the Federal government, the constitution should be amended to provide the authority for such functions and actions.  The fact the Founding Fathers provided the amendment process demonstrates their intention that the Constitution be both a living document and literally interpreted.