Some Good News: H.R. 450
ByEarlier, we argued that the practice many congressman have of voting for legislation of dubious constitutionality on the assurance that the courts will ultimately decide issues of constitutionality for them is a reckless abdication of responsibility.
This practice has allowed activist judges leeway in interpreting congressional intent to fit within constitutional confines. Our vertical federalism today looks far different than our founders intended and we can find blame not only in political judges, but also legislators who failed to honor and respect the Constitution’s limitation on federal power.
That’s why we are particularly impressed with legislation sponsored by representative John Shadegg to require Congress to specify “the source of authority under the United States Constitution for the enactment of laws, and for other purposes.” The Enumerated Powers Act may ultimately result in a better congressional record giving activist judges less leeway.
More importantly, its passage would be an important step towards Congress reasserting its role in safeguarding the Constitution.
Don’t expect to see it ever come up for a vote as long as the Democrats control Congress. It has already been buried in committee — and will not likely ever see the floor of the house.
The Constitution be damned…Speaker Pelosi is not about to give up power to any old living, breathing document…
Thanks for commenting, David. We agree it is an uphill battle. However, we also think there’s important symbolic merit in the fight… even without victory this session.
We’d like to see at least one Demoratic co-sponsor this session and we’d like to see a push within the committee. The Democratic leadership on the Judiciary committee went to law school and may have read cases in which congressional will was thwarted by courts because congress didn’t do a sufficient job in crafting the record. HR 450 may read to them like a safeguard against failure to make a good record for review as much as it reads to conservatives like congress reasserting its constitutional responsibilities.
One of our local conservative radio guys occasionally does a “legislator for the day” segment in which anyone can call up and propose ANY law, serious or frivolous, that they desire. I have always wanted to propose a law that before any new law can be enacted, two have to be stricken from the books. Congressman Shadegg is on the right track.