DGS49
Diamond Member
When a public official swears to "protect and defend" the U.S. Constitution, what does that actually mean?
Can a legislator, for example, without violating his/her oath of office, vote for a bill that s/he believes violates some provision of the Constitution, on the basis that it is not his/her job to make that determination - it is the job of the Federal Courts? Or should the decision to vote one way or another be based on that legislator's good faith opinion of the constitutionality of the bill in question?
It seems to me that any legislative initiative should be subject to a three-part evaluation, as follows: (1) Is it Constitutional, (2) Is it a good idea, and (3) is it fiscally prudent?
To give a specific example, what if the legislator considers that an initiative is a GREAT idea, but is totally unconstitutional? Let's say we have a draft law that provides for SOCIALIZED MEDICINE in the U.S. It is a system that is thoroughly thought-out, that avoids the various problems that exist in countries that have various forms of socialized medicine, and it virtually guarantees that every American will get wonderful health care from cradle to grave, at a cost that is reasonable for everyone?
Should the legislator vote for this law? (Hint: This law would be totally unconstitutional)
Secondary question: If the legislator votes for this law, is s/he violating his/her oath of office?
Can a legislator, for example, without violating his/her oath of office, vote for a bill that s/he believes violates some provision of the Constitution, on the basis that it is not his/her job to make that determination - it is the job of the Federal Courts? Or should the decision to vote one way or another be based on that legislator's good faith opinion of the constitutionality of the bill in question?
It seems to me that any legislative initiative should be subject to a three-part evaluation, as follows: (1) Is it Constitutional, (2) Is it a good idea, and (3) is it fiscally prudent?
To give a specific example, what if the legislator considers that an initiative is a GREAT idea, but is totally unconstitutional? Let's say we have a draft law that provides for SOCIALIZED MEDICINE in the U.S. It is a system that is thoroughly thought-out, that avoids the various problems that exist in countries that have various forms of socialized medicine, and it virtually guarantees that every American will get wonderful health care from cradle to grave, at a cost that is reasonable for everyone?
Should the legislator vote for this law? (Hint: This law would be totally unconstitutional)
Secondary question: If the legislator votes for this law, is s/he violating his/her oath of office?