By Barbara Bentley
The shutdown of the Federal government reflects a serious misunderstanding of the Constitution for the United States of America. Perhaps it is time to look again at this noble document, written more than 230 years ago, but still in force today.
First, we have three branches of government — the Legislative, Executive, and Judicial. These are defined in Articles I (two houses of Congress), Article II (Executive), and Article III (Judicial) of the Constitution. The roles of these three branches are clearly stated and remain unchanged since ratification.
Second, actions of government are assigned to each branch of government. Some actions are assigned to a single branch, but others require the “checks and balances” inherent in the Constitution. One of these is the creation of a federal law. For a bill to become a law, it is subject to the actions of two branches of government — the Legislative and the Executive. “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States: If he approve he shall sign it.” (Article I Section 7)
Third, the Supreme Court has judicial power to review “…all Cases, in Law and Equity, arising under the Constitution, [and] the Laws of the United States…” In other words, the Supreme Court can determine if a Law, passed by Congress and signed by the Executive is in violation of the Constitution or one or more Laws of the Land.
The current impasse in Congress is related to an action of government assigned to Congress: Article I Section 7 “All Bills for raising Revenue shall originate in the House of Representatives”. A bill proposed by the House pertains only to raising revenue is termed a “clean bill” — no unrelated amendments are attached to it. However, amendments may be proposed, and these amendments must be approved by the Senate.
This is the heart of the current standoff: members of the House of Representatives persist in attaching amendments related to the Affordable Care Act on to their “Bill for raising Revenue.” The Senate has not approved these amendments. Since the House won’t approve their “Bill for raising Revenue” without unrelated amendments, the Federal government was forced to shut down.
And this is where the Constitution comes home to us:
The ACA (Obamacare) was not only passed by both houses of Congress, it was signed by the President, and reviewed by the Supreme Court. So all three branches of our government have been involved — functioning exactly as the Founding Fathers wrote in our Constitution.
The Affordable Care Act is a Law of the Land. If folks want to change it, they need to go through the processes as required by the Constitution. A group that constitutes less than 10% of one house of Congress does not have the right or privilege to circumvent the Constitution. In fact, they are displaying not only contempt for the Constitution, but are acting in an outrageously irresponsible manner. Their actions are fast approaching the level of “high Crimes and Misdemeanors” and as “civil Officers of the United States” members of Congress could face impeachment (US Constitution Article II Section 4) and all will definitely face an election in the very near future.
It is time for us to get back to the core of American democracy — the Constitution for the United States of America. We can and will expect no less from our Congress.
Barbara Bentley is a registered voter and a resident of Orcas Island.
Well said Barbara.
Martin
So clearly and beautifully explained, Barbara! Thank you!
Frank and Jan Loudin
Thank you, Barbara, for reminding me what I learned many years ago. Maybe we should send a copy of this “Comment” to all those who seem to have forgotten the actual content of the Constitution!
Dear Ms. Bentley,
Thank you for adding to our understanding of our Constitution. Why everyone doesn’t know it is really a shame.
I would like to add however, that the Republicans in the house are not the only ones doing injustice to the Constitution.
All laws start in the legislative, including of course the Affordable Care Act.
It passed the House and Senate and was Signed into law by the President.
It is the LAW and parts of it cannot be waived or delayed by the President, which he has already done!
That is Unconstitutional as well, perhaps high crimes and misdemeanors? I guess it depends on your point of view.
Thanks for posting and I look forward to more of your thoughts
Many in the Republican Party are having a tantrum like a four year old who didn’t get his way.
Wonderfully condensed and easy to understand. Thank you. Whatever happened to the Eisenhower Republicans? If I were the President, I’d hit Boehner with a list of my own demands…let’s see how he likes that!
An excellent review and statement, Barbara. Thank you!
You GO girl!
Another point of view by Columnist Charles Krauthammer: “President Obama indignantly insists that GOP attempts to abolish or amend Obamacare are unseemly because it is ‘settled’ law, having passed both houses of Congress, obtained his signature and passed muster with the Supreme Court. Yes, settledness makes for a strong argument – except from a president whose administration has unilaterally changed Obamacare five times after its passage, including, most brazenly, a year-long suspension of the employer mandate. Article 1 of the Constitution grants the legislative power entirely to Congress. Under what constitutional principle has Obama unilaterally amended the law? Yet when the House of Representatives undertakes a constitutionally correct, i.e., legislative, procedure for suspending the other mandate – the individual mandate – this is portrayed as some extra-constitutional sabotage of the rule of law. Why is tying that amendment to a generalized spending bill an outrage, while unilateral amendment by the executive (with a Valerie Jarrett blog item for spin) is perfectly fine?”
Mr Sides,
My point exactly, thank you for explaing it better than I did