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Do we have any real constitutional checks and balances in this country?

Posted on 2/25/14 at 8:42 am
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27304 posts
Posted on 2/25/14 at 8:42 am
It seems as if most of what the government does is unconstitutional. Even some very blatantly unconstitutional laws that are controversial... nothing ever comes of it.

They can pretty much do whatever it is they want.
Posted by TN Bhoy
San Antonio, TX
Member since Apr 2010
60589 posts
Posted on 2/25/14 at 8:43 am to
Nullificatio......oh.
Posted by constant cough
Lafayette
Member since Jun 2007
44788 posts
Posted on 2/25/14 at 8:51 am to
Impeach Obama!
Posted by Rohan2Reed
Member since Nov 2003
75674 posts
Posted on 2/25/14 at 8:53 am to
The constitution is only as good as the men and women who adhere to and enforce its provisions. Unfortunately right now in America we are led by a group of corrupt miscreants, morons and cowards.
Posted by Zach
Gizmonic Institute
Member since May 2005
112406 posts
Posted on 2/25/14 at 10:01 am to
The constitution is a 'living breathing' document. Today, for most politicians it has evolved into a document that says "Hey! Do any damn thing you want to!"
Posted by davesdawgs
Georgia - Class of '75
Member since Oct 2008
20307 posts
Posted on 2/25/14 at 10:07 am to
quote:

Do we have any real constitutional checks and balances in this country?


No. Unfortunately the Constitution can be interpolated by whoever is in power. Presidential appointments of judges might be the most powerful aspect of the Executive Branch in terms of directing the course of our nation.
Posted by BigJim
Baton Rouge
Member since Jan 2010
14478 posts
Posted on 2/25/14 at 10:13 am to
Well the idea is that the branches check each other. When they all agree on expanding federal power, you know since they are all national institutions, there isn't much to be done.

A lot of this is made worse by not requiring a balanced budget. D's get spending, R's get low taxes; everybody's happy!!! No need to check anything!!!

Until our kids and grand-kids take it in the shorts.
Posted by uway
Member since Sep 2004
33109 posts
Posted on 2/25/14 at 10:15 am to
We are probably set up about as well as a state can be set up.

It works as long as the people are good.
When the people stop holding the rope, it falls apart.

I think we are now too big to really succeed. It's impossible to represent "everyone's" interests when everyone is so diverse and information so available. The problem is that we are also too big to fail, in that no one will make the reasonable decision to increase the ability of the separate states to create the state that makes sense for them and reflects the will of their people. So too big to fail and too big to succeed....implosion is coming.
Posted by doubleb
Baton Rouge
Member since Aug 2006
35884 posts
Posted on 2/25/14 at 10:18 am to
quote:

The constitution is a 'living breathing' document.


Yea, and because of the people in charge, it's sucking the air out of the room leaving the citizenry gasping for air.
Posted by son of arlo
State of Innocence
Member since Sep 2013
4577 posts
Posted on 2/25/14 at 10:22 am to
quote:

It seems as if most of what the government does is unconstitutional.


Everything and every act has the potential to be constitutional through a clever interpretation of the commerce clause. It's like what Humpty Dumpty told Alice in "Through the Looking Glass." Words mean only what they were intended to mean when they were said or written. Nothing more and nothing less. The only important thing is who is master.
Posted by Patrick O Rly
y u do dis?
Member since Aug 2011
41187 posts
Posted on 2/25/14 at 10:26 am to
We have rubberstamps. All you need is the right ruling, and then you have judicial precedent. Objections won't matter after that.

The question arises "Why was the government put in charge of checking itself?"
Posted by Radiojones
The Twilight Zone
Member since Feb 2007
10728 posts
Posted on 2/25/14 at 10:35 am to
quote:

Do we have any real constitutional checks and balances in this country?


No, the system has been broken for some time. Unfortunately with each new person in power we see them push the boundaries further and further.
Posted by davesdawgs
Georgia - Class of '75
Member since Oct 2008
20307 posts
Posted on 2/25/14 at 10:44 am to
quote:

The question arises "Why was the government put in charge of checking itself?"


Exactly. The flaw IMHO is that the Executive Branch appoints the members of the Judicial Branch. Local judges are elected. I see no reason why judges in the Judicial Branch shouldn't be elected also to protect the Constitution based on the will of the people. The Supreme Court judges should be national elections serving no more than 2 terms. The other federal judges should be elected in the regions that they represent. To pretend that these appointments are non-partisan is a farce.
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 2/25/14 at 10:46 am to
quote:

The question arises "Why was the government put in charge of checking itself


THIS

I have started to believe the Federal judiciary is a sham with regards to deciding cases involving the Federal government.
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 2/25/14 at 10:50 am to
One thought that just came to me:

State courts handle all cases involving the Feds, and the Feds handle cases involving the states.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51461 posts
Posted on 2/25/14 at 10:59 am to
quote:

Well the idea is that the branches check each other. When they all agree on expanding federal power, you know since they are all national institutions, there isn't much to be done.


I've always found it odd that there is no way to recall a Justice. "We the People" can petition for recalls or pressure elected officials into performing various tasks (Impeachment proceedings, for example) to balance or check power in the Legislative and Executive branches, but we have no power to demand redress from the Judicial. That's a very dangerous short-coming and becomes even moreso as government is allowed to expand.

The only two recourses I can see for a big enough check are : (1)the Board of Governors call a Constitutional Convention or (2)outright rebellion. Sadly (for the state of our Union) neither are likely to ever happen.
This post was edited on 2/25/14 at 11:01 am
Posted by Blue Velvet
Apple butter toast is nice
Member since Nov 2009
20112 posts
Posted on 2/25/14 at 11:19 am to
We can't trust people enough to let them be free but we can totally trust them with power.
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