Constitutional Conundrums

Nancy Pelosi was recently asked to cite a specific section of the Constitution that authorizes the Health Care Bill.  Her response? “Are you serious?”  Her press assistant later commented that the question itself was not valid.  Since all three branches currently interpret the document loosely, if at all, why not scrap it?  Many U.S. citizens can’t agree on interpretations of some of the document’s contents, certain law enforcement agencies and courts have a hard time with its requirements, and many citizens claim rights not even mentioned.  The constitution seems pretty worthless these days.

Another legal concept that gives the Constitution trouble is contract law.  The Constitution was signed by representatives of each state – representatives of individual citizens. None of the original citizens nor the representatives is currently living.  No current state representative to a Constitutional Congress or individual has agreed in writing to abide by the document. And no one can be bound by the contractual obligations of others.  Perhaps this is why Pelosi responded the way she did – she already knows that the Constitution is moot.  Nothing more than a glimmer of hope for the masses.

Some may say that without the Constitution, the government would trample over all rights, and this may be true to a certain degree.  But the document also authorizes the existence of Congress, the President, and the Supreme Court.  In fact, it is the basis for the entire federal government and federal law.  Without the Constitution, Washington, D.C. has no basis to exist. States may decide to ignore the entire operation.

There is also the question of anarchy.  Some may say that without a federal government, there would be anarchy and lawlessness.  Not so.  There are 50 state governments and countless local governments with adequate (and some more than adequate) laws.  If a person doesn’t like the laws in one state, he votes with his feet (and his wallet).  The only necessary items that would require an agreement between the states are interstate trade, a common currency with real value, and a national defense. That agreement can more than likely be codified in less than one page.

While the Constitution established a young country with moral causes and principles, perhaps it’s time to narrow the document’s focus and purge it of its “excess administrative baggage”.  If we don’t re-affirm our natural rights protected by the Constitution, we’ll eventually find that it has become a worthless document.