The vast majority of what the Federal government does is done without respect for the Constitution.

Asked by: Victorian
  • The constitution states what the government CAN do not what it CAN'T do.

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the State, are reserved to the State respectively, or to the people" This is the tenth amendment to the constitution of the United States. I believe that it has been completely ignored. The constitution does not give the federal government the power to ban same-sex marriage, nor the power to require individuals to have health insurance. It could be argued that these acts are justified by the vague "necessary and proper" clause, but when both the defense of marriage and affordable care acts were passed, the necessary and proper clause was not really brought up to justify them. Lawmakers simply assumed power that they had the power to pass those laws whether or not the constitution explicitly gave them the right to do so.

  • Vast majority? I wouldn't go that far.

    We all know the federal government has involved itself in some very questionable laws and practices, some of which are in direct violation to the constitution, some of which aren't, but violate it by principle. Certain operations of the Bush and Obama administrations in particular have shown much more of this blatant disregard than their predecessors; the Patriot Act, PRISM, and Tempora to name a few. However, the sweeping generalization made in the question is unsubstantiated and extreme. While the poster in the "yes" column is correct that the constitution is really more of a list of privileges than regulations, one privilege the government is granted is the privilege to establish laws and regulations in accordance with rules in the constitution. Unless an action of the government is deemed "unconstitutional", they are well within their boundaries to go ahead with it. This is the check and balance system that keeps each part of the government in line with constitutional supervision. While there are occasional breaches of power that do fly under the radar, the assertion that the Federal Government ignores the constitution for the "vast majority" of their actions is simply not true.

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