For the third time in our nation’s history, the Constitution will be read out loud on the floor of the House of Representatives Friday. Cynics, or those who simply follow the antics of Congress, will likely roll their eyes and dismiss this as a stunt.
But a public reading of the Constitution is not entirely without value. Members of Congress, after all, swear an oath to uphold the Constitution. If they are to even attempt to make the Constitution their true star and compass, they should read the whole document in one sitting at least once in their lives.
And while they should ideally pay close attention to every single clause, article and amendment, some are more important than others in shedding light on the Constitution’s fundamental intent. These ought to be read with care by members of a Congress that by now has a long history of governing unconstitutionally and irresponsibly.
Two passages in particular stand out as meriting serious reflection by elected officials today.
“Secure the blessings of liberty to ourselves and our posterity”Although the Preamble to the Constitution has no substantive legal meaning, it does contain the clearest and most concise description of the American project: to secure the blessings of liberty not only for ourselves, but also, for our posterity.
Each generation must pass on to the next generation the blessings of liberty it inherited from the previous one. We are custodians entrusted with transmitting our free way of life to our children. We are not therefore at liberty to squander our inheritance.
While economist John Maynard Keynes is undeniably right that in the long run, we are all dead, our children and their children are not. Statesmanship requires our elected officials to take the long view. It is concerned with securing genuine goods like liberty against the seeming goods of the times or against ambitious leaders willing to squander them for small, passing gains.
Ray Rice’s name alone has been brought up 18 times on the floor of the United States Congress.
Statesmanship is always necessary. But it is especially necessary in an age such as ours which encourages instant gratification, revels in ephemeral trifles, and makes any sensational local issue a national story. Congress, for the most part, all too readily gets caught up in whatever story dominates the headlines.
While Medicare and Social Security are nearly $50 trillion in the hole, here are some of the topics that the 113th Congress mentioned more often in debates than “unfunded liabilities”: contraception, the Redskins and the National Football League. Ray Rice’s name alone was brought up 18 times on the floor of the United States Congress.
Unless Congress acts, all we’ll be giving our posterity is a crushing burden of debt that will extinguish the blessings of liberty.
“All legislative powers herein granted shall be vested in a Congress of the United States”
Article I, Section 1 of the Constitution contains the strongest antidote to the most serious constitutional problem we confront: the centralization of power in the modern administrative state.
Today every issue is treated as a national issue. And Congress does not so much legislate as it delegates legislative power to myriad agencies. Unelected bureaucrats are thereby empowered to craft the regulations that constitute the real meat on the flimsy legislative bones enacted by Congress. Thus, 2,700 pages of Obamacare yield 22,000 pages of regulations (and counting).
If one were to rewrite the Constitution based on how Congress actually governs, the legislative clause would read: “Every conceivable legislative power shall be vested in a Congress which shall then be to free delegate it to various agencies and departments as it sees fit.”
According to the Founders’ Constitution, Congress does not have plenary legislative powers. Rather, it is restricted to overseeing the 17 areas enumerated in Article I, Section 8. While this is a broad grant of power over whose extent even the Founders disagreed, it is only meant to cover truly national issues, like facilitating commerce or overseeing the military. Other issues, like education or domestic violence, should be left to the states. Some, like football, shouldn’t be of concern to politicians at any level of government.
What legislative powers Congress does have, it may not transfer. All legislative powers herein granted shall be vested in one place and one place only: Congress. Agencies and departments may enforce laws. They can even draft regulations in pursuance of narrowly tailored legislation. But they may not legislate under the guise of regulation.
Given how far we have strayed from the Constitution, a single reading of that august text is unlikely to accomplish much. But perhaps it will inspire at least some to study—and take—the Constitution more seriously.
