AMU Homeland Security Legislation

Do Our Elected Officials Understand The Constitution?

By John Ubaldi
Contributor, In Homeland Security

As the oldest living written governmental document it the world, the United States Constitution has a revered place in the freedom of mankind, but recently we are witnessing the erosion of respect for the constitution by our elected representatives.

In a speech by President Calvin Coolidge on the 150th anniversary of the Declaration of Independence he stated, “It was in the contemplation of these truths that the fathers made their declaration and adopted their Constitution. It was to establish a free government, which must not be permitted to degenerate into the unrestrained authority of a mere majority or the unbridled weight of a mere influential few.”

One unfortunate aspect that we have witnessed over the years is an erosion of respect for the principles and the tenants of the constitution, all for partisan advantages.

Recently, we have seen the targeting of political opponents by government agencies as the Internal Revenue Service targeted various groups for greater scrutiny, the United States Secret Service planned to release personnel information on a member of Congress, the U.S. Justice Department targeting of the media, the Environmental Protection Agency releasing detailed personnel information on farmers it had disagreements with, and the list goes on.

U.S. Supreme Court Justice Tom C. Clark, writing the majority opinion for Mapp V. Ohio (1961) in the landmark fourth amendment case, stated, “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence”

The fundamental principle of the constitution was the separation of powers, where each branch of government would provide a check on the other, but today this basic concept is being eroded through the partisan politics of contemporary times by our elected representatives.

Recently, a county clerk in Kentucky refused to issue a marriage license to same sex couples, espousing her religious belief, even after the U.S. Supreme Court affirmed in its recent court ruling such a union is constitutional.

One troubling aspect was a candidate for president demonstrated vocally in her behalf, and if he were to be elected would then be required to take an oath to solemnly swear (or affirm) that “I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

This is the same oath I undertook as I served in the Marines for thirty years to uphold the constitution; my oath was not to a party, or individual, but to the constitution itself!

One only has to review Marbury vs Madison, which the U.S. Supreme Court ruled it has the authority to review acts by Congress and the executive branch to determine if they are constitutional or not. In the case of same sex marriage the Supreme Court ruled such unions are constitutional, and all constitutional representatives are bound to uphold such laws, whether they agree or not!

Far too often our elected representatives at the federal level make decisions on which laws they will enforce and which laws they will not enforce. Under the constitution, as an elected official you are required to enforce all laws, and I state again – whether you like them or not!

This erosion of respect for the constitution is not only found at our local and state level, but has metastasized itself into the legislative and executive branches of the United States federal government.

Case in point, the recent example of last month’s congressional testimony by former Secretary of State Hillary Clinton into her role regarding the Benghazi attack, but the most disturbing aspect of this was her use of a private server and email to conduct all government business.

Many view this as a partisan attack, and comments by various Republican leaders to include House Majority Leader Rep. Kevin McCarthy, give ample fuel to this narrative, when he injected partisan comments about the process.

Missing from the coverage by Congress and the media, was the fact Clinton used a private server and a private email account, through which she directed all government business, then deleted all emails which she deemed personnel. This sort of conduct destroys the very fabric of accountability by our government officials.

The appalling aspect of this is when members of Congress acquiesce to his behavior, and simultaneous allow the powers of legislative body to be transferred to the executive branch because they support the person or president, this sets up a dangerous precedent for future leaders of our country.

Constitutional expert Jonathan Turley, a professor of law at George Washington University, was recently quoted a “massive gravitational shift” of power from the legislative branch to the presidency has created a “constitutional crisis” for the U.S.

A shift has begun which did not begin with one president, but it continues unabated. Nevertheless, as James Madison wrote in the Federalist Papers #47, “The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

The previous administration of President George W. Bush encroached and usurped the authority of the legislative branch, and now we are witnessing a fundamental power shift by the Obama administration, often with the acquiescing by members of his own party.

Far too often the executive branch undertakes rule changes by executive agencies such as it relates to immigration, the environment, health care, and other areas all without legislative authorization.

Some may agree with a decision by the president, but one also has to understand such actions have unintended consequences. Once changes are made, once powers that were legislatively held and then were relinquished passively, they will most assuredly be difficult to get back.

If our nation’s leaders don’t respect the rule of law, if they don’t hold individuals accountable, no matter if they support them or not, then the constitution will hang by a thread all to the detriment of the nation.

If elected representatives fail to respect the constitution, why should we expect the public to?

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