Who enforces adherence to the Constitution?

[squarejohn]

All three branches of government have enacted, ruled on, and decreed things that are blatantly unconstitutional. What body or agency is responsible for arresting and charging the guilty offenders?

 

[JAMESBJOHNSON]

Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha

 

[squarejohn]

Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha

That's what I thought, too. I guess it's up to us folks with the pitchforks and torches.

 

[CrowdedStranger]

That's what I thought, too. I guess it's up to us folks with the pitchforks and torches.

Don't forget the millions of construction workers with nothing left to lose!! Add hammers,saws,knives,prybars,shovels and digging bars to the list
Hell I almost forgot cordless impliments of de-construction too!! Somebody que some Rage Against The Machine...ok....turn the music up.....

 

[sr71plt]

Is this a trick question? The Attorney General of the United States.

 

[mynameisben]

I'll give it some thought, after I take my morning constitutional.

 

[Guest]

. . . .

 

[Huckleman2000]

Area Man Passionate Defender of What He Imagines Constitution To Be

 

[dr_mabeuse]

The Attorney General and the Supreme Court of the United States of America, the members of whom are nominated by the President and confirmed by both houses of Congress.

That's the system the very same Constitution established, the one you seem so ardent about defending. So if you support the Constitution as you seem to imply, then you no doubt support the system.

So what's your problem again?

 

[3113]

Is this a trick question? The Attorney General of the United States.

Notice how JBJ laughed and, in response, the OP agreed "That's what I thought"--which indicates that they both think the Founding Fathers and those that followed never asked this question or put someone in the position to do it. That implies to me a cynical assumption that no one in Government cares about the constitution, only individuals in bunkers loaded up with guns do

Squarejohn: Contrary to the assumptions of some, like JBJ (who obviously ditched his social studies class in high school), our Government was created by brilliant men. They were flawed, they were human, and like all things made by flawed humans for flawed humans, there have been things very wrong with what they made, and still are. But they were wise enough to make that government in a way that allows (and has allowed) future generations to correct such mistakes--if we're willing and wise enough to do so.

The Attorney General enforces the constitution, and the Supreme Court is the one who decides, ultimately, what is or is not constitutional IF any individual or party of these United States wants to challenges whether or not a law is constitutional. If Congress passes laws that are unconstitutional, the Supreme Court can take 'em down. But they do have to be challenged.

 

[dr_mabeuse]

A brilliant reference, Huck, and it deserves to be printed out here in full, because it pretty much nails it. It's from The Onion, of course:

============================

Area Man Passionate Defender Of What He Imagines Constitution To Be[

November 14, 2009 | ISSUE 46•26 ISSUE 45•46

ESCONDIDO, CA—Spurred by an administration he believes to be guilty of numerous transgressions, self-described American patriot Kyle Mortensen, 47, is a vehement defender of ideas he seems to think are enshrined in the U.S. Constitution and principles that brave men have fought and died for solely in his head.

[Photo Caption] Kyle Mortensen would gladly give his life to protect what he says is the Constitution's very clear stance against birth control. [/caption]

"Our very way of life is under siege," said Mortensen, whose understanding of the Constitution derives not from a close reading of the document but from talk-show pundits, books by television personalities, and the limitless expanse of his own colorful imagination. "It's time for true Americans to stand up and protect the values that make us who we are."

According to Mortensen—an otherwise mild-mannered husband, father, and small-business owner—the most serious threat to his fanciful version of the 222-year-old Constitution is the attempt by far-left "traitors" to strip it of its religious foundation.

"Right there in the preamble, the authors make their priorities clear: 'one nation under God,'" said Mortensen, attributing to the Constitution a line from the Pledge of Allegiance, which itself did not include any reference to a deity until 1954. "Well, there's a reason they put that right at the top."

"Men like Madison and Jefferson were moved by the ideals of Christianity, and wanted the United States to reflect those values as a Christian nation," continued Mortensen, referring to the "Father of the Constitution," James Madison, considered by many historians to be an atheist, and Thomas Jefferson, an Enlightenment-era thinker who rejected the divinity of Christ and was in France at the time the document was written. "The words on the page speak for themselves."

According to sources who have read the nation's charter, the U.S. Constitution and its 27 amendments do not contain the word "God" or "Christ."

Mortensen said his admiration for the loose assemblage of vague half-notions he calls the Constitution has only grown over time. He believes that each detail he has pulled from thin air—from prohibitions on sodomy and flag-burning, to mandatory crackdowns on immigrants, to the right of citizens not to have their hard-earned income confiscated in the form of taxes—has contributed to making it the best framework for governance "since the Ten Commandments."

"And let's not forget that when the Constitution was ratified it brought freedom to every single American," Mortensen said.

Mortensen's passion for safeguarding the elaborate fantasy world in which his conception of the Constitution resides is greatly respected by his likeminded friends and relatives, many of whom have been known to repeat his unfounded assertions verbatim when angered. Still, some friends and family members remain critical.

"Dad's great, but listening to all that talk radio has put some weird ideas into his head," said daughter Samantha, a freshman at Reed College in Portland, OR. "He believes the Constitution allows the government to torture people and ban gay marriage, yet he doesn't even know that it guarantees universal health care."

Mortensen told reporters that he'll fight until the bitter end for what he roughly supposes the Constitution to be. He acknowledged, however, that it might already be too late to win the battle.

"The freedoms our Founding Fathers spilled their blood for are vanishing before our eyes," Mortensen said. "In under a year, a fascist, socialist regime has turned a proud democracy into a totalitarian state that will soon control every facet of American life."

"Don't just take my word for it," Mortensen added. "Try reading a newspaper or watching the news sometime."

 

[bronzeage]

That's what I thought, too. I guess it's up to us folks with the pitchforks and torches.

The President is responsible for enforcing the laws of the land.

Sometimes, he delegates the job.

"John Marshall has made his decision; now let him enforce it!"--Andrew Jackson.

 

[JAMESBJOHNSON]

Oh I do lotsa civics reading. I read plenty of biographies.

Generally speaking one person or a handfull find the balls to assert their opinion, and everyone else are too timid and docile to shove back. Indians and Rebels are the only malcontents Americans respect and honor, cuz they smacked Washington with baseball bats.

Negroes, fags, galz, and cripples sulk and limp and whine, and no one respects them.

If you want respect you gotta throw bombs at city hall.

 

[mynameisben]

Oh I do lotsa civics reading. I read plenty of biographies.

Generally speaking one person or a handfull find the balls to assert their opinion, and everyone else are too timid and docile to shove back. Indians and Rebels are the only malcontents Americans respect and honor, cuz they smacked Washington with baseball bats.

Negroes, fags, galz, and cripples sulk and limp and whine, and no one respects them.

If you want respect you gotta throw bombs at city hall.

If you want respect, you have to learn there is more to life than making incendiary comments for the sole purpose of your personal entertainment.

 

[bronzeage]

Oh I do lotsa civics reading. I read plenty of biographies.

Generally speaking one person or a handfull find the balls to assert their opinion, and everyone else are too timid and docile to shove back. Indians and Rebels are the only malcontents Americans respect and honor, cuz they smacked Washington with baseball bats.

Negroes, fags, galz, and cripples sulk and limp and whine, and no one respects them.

If you want respect you gotta throw bombs at city hall.

Yeah, Tim McVeigh got a lot of respect.

Don't forget churches. Throwing bombs at churches gets respect, too.
http://4.bp.blogspot.com/_3IycwU-oXnQ/SXeYvDaGhiI/AAAAAAAABmQ/OJvFu4OnecY/s400/Birmingham4.gif

 

[Stella_Omega]

I love the smell of a Tea Party in the morning. Luckily, I can get my daily allotment of kneejerk politics just by dropping into AH.

I get my sex and writing talk elsewhere.

 

[JAMESBJOHNSON]

If you want respect, you have to learn there is more to life than making incendiary comments for the sole purpose of your personal entertainment.

My self-respect is healthy and virile; I fear it would become sickly if I had your respect.

 

[JAMESBJOHNSON]

I love the smell of a Tea Party in the morning. Luckily, I can get my daily allotment of kneejerk politics just by dropping into AH.

I get my sex and writing talk elsewhere.

You love the smell of underwear stains, too, especially the wet, brown ones.

 

[bronzeage]

My self-respect is healthy and virile; I fear it would become sickly if I had your respect.

I can respect that.

 

[JamesSD]

Any real Constitutional scholar will tell you that the Constitution, for all it's brilliant qualities, is often vague and unclear (See the actual wording of the Second Amendment for one well know example). Intelligent, educated people can come to very, very different conclusions what is and is not constitutional. Additionally, there are guarantees that can come into conflict with each other. Ultimately these decisions are made by the Supreme Court, although typically for a case to reach the Supreme Court it is almost always not a clear cut, obvious choice.

 

[Boxlicker101]

The Attorney General and the Supreme Court of the United States of America, the members of whom are nominated by the President and confirmed by both houses of Congress.

That's the system the very same Constitution established, the one you seem so ardent about defending. So if you support the Constitution as you seem to imply, then you no doubt support the system.

So what's your problem again?

Actually, it's the Senate who confirms the nominations.

Section. 2.


The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.


He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.


The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

[Saucy_Sage]

All three branches of government have enacted, ruled on, and decreed things that are blatantly unconstitutional. What body or agency is responsible for arresting and charging the guilty offenders?

Your question implies that "violating" the Constitution is a crime. It is not. Actions that violate the Constitution (e.g., enacting a statute for which Congress does not possess the power, or a statute that violates the Bill of Rights) may be declared invalid by the Supreme Court. But there are no "guilty offenders" subject to arrest.

 

[Boxlicker101]

Quote:
Originally Posted by squarejohn
All three branches of government have enacted, ruled on, and decreed things that are blatantly unconstitutional. What body or agency is responsible for arresting and charging the guilty offenders?

Your question implies that "violating" the Constitution is a crime. It is not. Actions that violate the Constitution (e.g., enacting a statute for which Congress does not possess the power, or a statute that violates the Bill of Rights) may be declared invalid by the Supreme Court. But there are no "guilty offenders" subject to arrest.

I suspect he is referring to income taxes, which were found to be unconstitutional, but were then incorporated into the document as an amendment.

 

[Saucy_Sage]

Quote:
Originally Posted by squarejohn
All three branches of government have enacted, ruled on, and decreed things that are blatantly unconstitutional. What body or agency is responsible for arresting and charging the guilty offenders?




I suspect he is referring to income taxes, which were found to be unconstitutional, but were then incorporated into the document as an amendment.

So he wants to string up the people who originally enacted the income tax, before it was authorized by an amendment? If that is what he is suggesting, he should say so. I presume they would be protected by the Speech and Debate Clause in any event.

 

[squarejohn]

Notice how JBJ laughed and, in response, the OP agreed "That's what I thought"--which indicates that they both think the Founding Fathers and those that followed never asked this question or put someone in the position to do it. That implies to me a cynical assumption that no one in Government cares about the constitution, only individuals in bunkers loaded up with guns do

Squarejohn: Contrary to the assumptions of some, like JBJ (who obviously ditched his social studies class in high school), our Government was created by brilliant men. They were flawed, they were human, and like all things made by flawed humans for flawed humans, there have been things very wrong with what they made, and still are. But they were wise enough to make that government in a way that allows (and has allowed) future generations to correct such mistakes--if we're willing and wise enough to do so.

The Attorney General enforces the constitution, and the Supreme Court is the one who decides, ultimately, what is or is not constitutional IF any individual or party of these United States wants to challenges whether or not a law is constitutional. If Congress passes laws that are unconstitutional, the Supreme Court can take 'em down. But they do have to be challenged.

I assume you are talking about the Attorney General who began his tenure by announcing that America is a nation of cowards. This is the same Attorney General who has a policy of not prosecuting black lunatics for voter intimidation, but will prosecute only white lunatics for the same thing.
And he is the same guy who is suing the state of Arizona for passing a law that will allow Arizona to defend itself against the hordes of illegal aliens.

Take a look at the Federal Government and find the parts of the Constitution that allows the government to intrude into every facet of our lives.

The first duty of the president is to insure the security of our country. He has purposely done the opposite. He has traveled the world bad mouthing the country of which he is president. He has revealed to the world the secrets of our nuclear strategy. He has blocked offshore drilling because of an equipment failure on a drilling rig. Offshore drilling is an element of National Security.

In case anyone hasn't caught on yet, the president is doing all he can, as fast as he can, to destroy the American way of life. And to help him, he has surrounded himself with anti-American ideologues who have never done anything but criticize the work of others.

And if any changes need to be made in the Constitution, it is the repeal of the 16th Amendment.