Needed Congressional Action
by
Matt Giwer (c) 1995 <4/2>
The cost cutting on Congress
is hardly a good beginning but rather than criticize it, let me
say what should be done.
We have a serious
disagreement in this country as to whether the federal government
should be doing many things that it is doing. Although the courts
have upheld them there is still the problem that the federal
courts are part of the problem. I have a modest proposal that no
one should object to.
All laws that are not
clearly traceable to a delegated power in the Constitution are
legislated to become null and void in five years unless an
amendment is ratified by the states permitting them. At the same
time these laws will be grouped as neatly as possible and a
simple amendment permitting them submitted to the states for
ratification. If not ratified in five years, the laws the
amendment would cover would be become null and void.
Take for example all of
the laws creating programs that affect education in the country.
The amendment would simply read, Congress shall have the power to
regulate education in the several states. The states can then
decide if they want the federal government to have that power or
not.
Certainly there may be
arguments that it already has that power but if those are good
arguments certainly the amendment will be ratified. An amendment
permitting social security would certainly be easily ratified and
that would end all objection to it. Similarly an amendment
clearly giving Congress the power to regulate arms would answer
the question once and for all.
Other than those who
would hold such issues have already been decided claiming it
would be a waste of time and effort I can not see any other
objection. Certainly even for them it would be a vindication of
their position. On the other hand those holding these things not
constitutional would have an opportunity for vindication.
The model for the
amendments would be Article 1, Section 8 of the Constitution.
They would be additions to, Congress shall have the power to,
that is the first line of that section. Certainly we would not
want to encumber the Constitution with a thousand new amendments
thus the laws would be grouped as tightly possible. We would not
want to hold Congress to have the power to regulate one part of
education and not another and thus the blanket power would have
to be ratified.
If the country has really
changed since it was founded this is the proper process to ratify
those changes rather than finding loopholes in the wording of the
Constitution. It would no longer be a question of original
intention but rather of whether or not the states want the
federal government to have these powers.
Perhaps there is a fear
of change but I do not see what objections there could be to this
approach.