No! Really? Well see about that! Im going to sit right down and write my congressman a letter!!! In the strongest possible terms! When I was in grad school, one of the professors mentioned the concept of constructive amendment, which I found both intriguing and reprehensible. The theory goes like this: It the government can get away with doing something that seems to be prima facie unconstitutional, but is never successfully challenged in court, then the Constitution is understood to have been constructively amended. Yeah. Think about it for a few minutes. Thats like saying stolen property is yours if you can successfully prevent the legal owner from re-claiming it. And if you own the court system, the political parties, the army and police forces, chances are that you will NEVER be successfully challenged. Look what happened to the CSA. So when people try to draw a distinction between the legislative and execute branches in order to somehow deflect responsibility from Congress, bear in mind: qui tacuit consentire videtur. They are ALL in this together. All of our undeclared wars have Congress approval because the Constitution has been constructively amended such that declarations of war are no longer necessary.
Posted on: Tue, 23 Sep 2014 18:55:44 +0000
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