Wednesday, July 18, 2007

The Eighth Article Papers, V.

The Powers granted to The House of the People are few in Number, but are in no way minute, fore the People’s House is designed to serve as a check on the Houses of the Senate and Representatives, as well as a check upon unbridled Executive Power, while leaving the Powers already existing in these Fields of Government unhindered from their current Status.

To serve as a Check upon the People’s House is the Judicial Field of Governance, which is completely free to serve as is, and who the People’s House has no ability to interfere. The Court System, for all its flaws, is the least powerful, but the most important Field of Governance. The Judicial system may only react to the Laws passed by Congress, and how those Laws are carried out by the Executive. For this reason, the Courts have served as the primary Arbiter and Protector of Constitutionally guaranteed Rights. For this reason, the Courts stand alone in that they are not touched in any way by this Proposal.

The Houses of the Senate and Representatives has historically faired far more poorly in responding to the needs of the People as the Courts have. Today, Congress is a mockery, filled with a Den of Thieves with Bribes taken without remorse or a moment of pause. For Decades the American People have made many Demands upon their Legislators, only to have their Demands fall on deaf Ears. When the People are properly riled enough to find new Men to fill these roles, the same result occurs: the monied Interests move in, and the Will of the People are once again ignored, if not eviscerated.

The Executive has had a similar Fate, yet is far more troubling, as it has the Power to carry out the Law. This Dynamic has given Presidents of the Past the desire to increase their own Power, at the detriment of the People. Today the American People see a President with the Power near that of a Monarch, the very kind of Tyranny the American People sought to escape when We sought a different Path in 1776 when We did the noble and extraordinary thing of separating from our Mother Country.

For these Reasons, The American People must seek to reestablish the very idea of self-governance: To ensure to Ourselves and our Prosperity, that a Government that truly is “of the People, by the People, and for the People” will never perish from this Earth.

Therefore, Section 2, Clause 1 of this Proposal states:

Any Member of The House of the People shall have the power to propose Laws, which upon Majority Vote shall become the Law of the Land, but may not enact any Law in violation of this Constitution, and all Laws enacted Thereof shall be subject to Judicial Review to Test the Constitutionality of such Laws.
This monumental Power gives the American People the ability to enact their own Legislation without the need of the other Houses of Congress, and without the Signature of the President. The American People can establish the Laws they Demand simply by their own Will; Yet it gives the American People no ability to violate the Rights of the Minority, protected by The Bill of Rights, and while such Laws are legal and binding, they do not supersede the Constitution.

This Power alone has many consequences, and should be used with Prudence, but it virtually eliminates the undemocratic and corrupting Nature of our current Representative Government. It is said that, “Power corrupts; and absolute Power corrupts absolutely,” but it should be noted that the inequality of Power is the Corruptor, and the further that inequality grows, the further the Corruption. The People having a large degree of Power that They can wield above and beyond the current Legislative and Executive Branches can only have a humbling effect upon Them.

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