dadzoo

“The chair recognizes the gentleman from Pennsylvania, the Honorable Benjamin Franklin.”

It is the 17th of September in 1787, and the venerable Franklin at the age of 81 years has arisen to give his final benediction to that document which the delegates are about to sign, the Constitution of the United States of America.

“Sir,” began Franklin, addressing himself to George Washington, “for four months I have been observing that picture painted on the high arch of your chair. More than anyone in this chamber I have gazed at carvings and paintings of artists of all lands. In the …

Is it too hard or too easy to amend the Constitution?

There have been over 3000 joint resolutions introduced in the Congress calling for amendments but less than 30 of these have been adopted by the necessary two-thirds vote of both houses, and only 21 have been ratified by the states.

The first ten amendments, known as the Bill of Rights, were all adopted within two years of the original acceptance of the Constitution. Eight of the original states adopted the Constitution only after receiving positive assurances that a Bill of Rights would be proposed immediately.

The 11th amendment concerning …

The rights and privileges of the people are restricted. The fault lies with Congress. The supreme Court holds that the federal government has power to regulate insurance on the basis that it is interstate commerce. The Congress is guilty. The president issues executive decrees having the force of law and these decrees deprive men of their right to civil trial by jury. It is Congress that has betrayed the American people.

Congress ought to be the strongest branch of the government, and the guarantor of the rights of the people. congress represents the people. All legislative powers of the federal …

“The influence of the crown has increased, is increasing and ought to be diminished.

This was a resolution directed by the House of Commons in 1780 against the tremendously popular George II. Translated into a modern objection in this nation it would read. “The influence of the federal government and therefore of bureaucracy, has increased, is increasing, and ought to be diminished.”

The centralizing of the powers of government is equally bad in any age. The development of the common law has been the process of de-centralizing the government from a sovereign to the people. One of the basic principles …

“Be it enacted by the Congress of the United States that the Mohammedan religion shall be the only lawful one in this nation. All persons whomsoever shall pray 3 times a day kneeling toward Mecca, and one billion dollars is hereby appropriated for the support of this religion and the enforcement of this law.”

Improbable and facetious, you say; and you are right. But if there were no constitutional prohibition, the Congress could legally enact such a law. The Constitution which is the supreme law of the land and therefore a higher law than the statutes passed by Congress provides …

Congress enacts legislation. The president approves it. The people apparently want it. The Supreme court determines that it is unconstitutional and void. Thus the will of the people is defeated–or is it.

A great deal of important emergency legislation has been voided by the Supreme court, not infrequently by a vote of 5 to 4. Much of this has involved social and economic reform and experimentation. The majorities in congress favoring the controversial measures have been imposing. the hue and cry has gone forth that 5 of 9 old men are subverting the will of the people, hindering economic recovery …