Chat with Chic, September 16, 1987

Chat with Chic A Report from Washington FOR IMMEDIATE RELEASE: CONTACT: MIKE MILLER September 16, 1987 (202) 224-6244 by 0. S. SENATOR CHIC HECHT THE CONSTITUTION This month, we salute the 200th anniversary of the Signing of the Constitution. It would be a good time for all Americans to reflect on the Constitution as a charter of limited government. The mere fact that the Constitution exists confirms the Founding Fathers' belief that the federal government should be subject to "limited" powers. The essential purpose of a written constitution is to limit specifically the powers of a central government. The delicate system of checks and balances embedded in the U.S. Constitution addresses the historical lesson that concentration of power almost always precedes the destruction or abolition of human rights. By restricting the ability of the federal government to act unilaterally, the Constitution limits the abuses of power. The President's veto power and judicial review are examples of consent mechanisms which help limit the unhealthy concentration of authority. Article I, Section 7 reflects a clear constitutional bias against legislation. The veto threat of the President is a powerful antidote to lawmakers seeking legislation to further the short term interests of constituents or pressure groups rather than the national interest. Thus the power to say "no" improves the chances for good legislation by reducing the possibility that laws will be enacted without careful deliberation. Likewise, by allowing Congress to override the veto of the President with a two-thirds vote of Congress, the Constitution also protects against abuses of executive authority. The Constitution is notably silent on the Supreme Court's responsibility regarding a federal statute that may conflict with the document. The Founders clearly intended for there to be a process of "judicial review." As Alexander Hamilton argued, "No legislative act...contrary to the Constitution, can be valid. To deny this would be to affirm...that the representatives of the people are superior to the people themselves." Article V of the Constitution endows Congress and state legislatures with the authority to adjust the basic charter of government in response to changed conditions. Thomas Jefferson advised, "Let us go then perfecting it, by adding, by way of amendment to the Constitution, those powers which time and trial show are still wanting." The Constitution has since been amended 26 times to address circumstances unforseen by the Founders. But to guard against ill-conceived changes which might be prorrpted by short-lived passions or prejudices, alterations require extraordinary majorities of the state legislatures and in the federal House and Senate. To afford the electorate with a ballot box recourse against any potential mischief perpetrated by congressmen, the Constitution provides the mechanism for change. The Constitution has been America's blueprint for freedom since it was signed in 1787. The separation of powers provides a protection of our basic freedoms and beliefs. And most inportantly it provides protection from the federal government itself.