Who Determines Constitutionality?

Isn't this legislation unconstitutional? How do we address the Constitutionality of proposed legislation? Can we go to the Supreme Court? What can we do?

If you will just look at your copy of the U.S. Constitution... and I encourage you to actually get your copy out now so you can follow along... you quickly understand that all three branches of the Federal Government are charged with complying with the Constitution. Just because we have been rescued time after time by the Supreme Court does not mean that they are the sole rescuer from unconstitutional acts. Supreme Court rulings that have overturned legislation are blatant indicators that we have had majorities of members of the House and of the Senate violate the U.S. Constitution and that likewise we have had Presidents violate the U.S. Constitution. If you wanted to be a nit-picker, then each member who voted for legislation that the Supreme Court overturned should be considered for impeachment because they failed to keep their oath.

Each new President takes an oath to "protect and defend the Constitution of the United States". That oath is actually specified within the Constitution. So it is very clear that every President has direct responsibility to determine the constitutionality of all legislation, both previously passed and currently under consideration. It cannot be reasonably defended that just because a previous Congress and a previous President have passed legislation that it automatically is Constitutional. Logically, if the Supreme Court can review legislation to determine whether it complies with the U.S. Constitution, so can the President and so can the Congress. The President is duty bound to cease the enforcement of unconstitutional legislation. Likewise the Congress is duty bound to undo unconstitutional legislation. All three branches have the constant requirement to perform their duties in complete compliance with the U.S. Constitution.

So who ultimately is responsible if unconstitutional legislation passes both the House and the Senate and is then signed into law, but remains unchallenged in the Supreme Court? Who fixes this mess? You do. If you don't address these issues, then you are to blame as well. The American people are the Board of Trustees for the CEO of the country. Likewise, they are the ones who choose their state and local representatives. If you want to point your finger at the people in Washington for failing to do their job, just notice the other three fingers pointing back at yourself. You and I have failed to choose leaders who are willing to comply with the U.S. Constitution.

It is time to take your responsibility seriously. You must screen the job candidates carefully. Senators, Representatives and Presidents must all understand the document to which they swear an oath to uphold, protect, and/or defend. If they do not understand its principles, then you are negligent in your duties by allowing them to be elected into office. Show up at the job interviews (political appearances) and ask the candidate questions which will reveal whether they have read and understand the Constitution and how it limits Federal power to three primary functions: National Defense, Free Market Economies, & Equal Justice. If they make promises about what the government can do for the people, then kindly suggest that they are just a bit confused and should run for State government positions instead.