We need a Constitutional Convention because the powers of
executive orders, regulatory agencies and courts ruling based on what they want
the law to be are no longer being held in check by Congress or by the states.
Everyone complains that Congress does nothing, but it seems to me that
most things are getting done around Congress. The rule of law is supposed
to be predictable, but the flow of court rulings and regulations during Mr.
Obama's two terms have been completely unpredictable. The law and the
Constitution mean whatever the executive branch thinks is convenient at the
moment. Legislative processes have been short circuited because they are
slow and messy. The interstate commerce clause has been stretched past
the breaking point.
The
Constitution as originally designed had processes that were supposed to balance
power so that no one branch could dominate the others. It was also
designed so that the states were a check on a limited federal government.
The balance is gone.
The fact that who is president makes such a big difference in
how the Constitution works should tell you that the Constitution is broken.
A self-funding regulatory agency that has executive, legislative and
judicial functions is an unchecked tyranny waiting to happen. There is no
separation of powers, no power of the purse and no consent of the governed in
such an entity. There should be no way such a structure is
Constitutional. The fact that the Obama Administration created several
tells you all how much the Administration respects the Constitution.
The
structure of the federal government today has only one person that's
accountable for anything and everything, the president. The Supreme Court
and the appellate courts vote on party lines, but nobody can remove them, so
they aren't accountable. Regulatory agencies can ignore the law, but
Congress can't stop them, and under the Chevron doctrine the courts defer to
their expertise. We've gone from republic to elected dictator.
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