Wednesday, January 18, 2012

Thoughts on Legislation: A Proposed Amendment to the Constitution Requiring Constitutional Citation on Each Piece of Legislation

Thoughts on legislation: a proposed amendment to the Constitution Requiring Constitutional Citation on Each Piece of Legislation

I've been doing research on the constitutionality of federal executive agencies, and from what I have found, they are constitutionally allowed to exist and be created by Congress, but their rules and regulations must be backed by Congressionally passed laws, which duly enacted laws their rules and regulations are meant to execute. But, it must also be determined whether or not the laws passed by Congress backing the rules and regulations of the federal executive agencies are constitutional. 

This got me thinking about how there should be an amendment to the Constitution requiring Congress to cite constitutional authority with each law they pass, in particular, citing which particular section and clause of the Constitution they feel grants them power to make the each particular law under consideration, and if there be any case law that interprets the clause of the Constitution Congress cites as authority to pass said specific laws, and that case law is in Congress's favor, this should be provide by Congress within the law text as well, for a multiple reasons. 

Benefits of such an amendment:

First, so as to provide the general lay American not schooled in the law with the reasoning and legal sanction behind the laws Congress passes so the general American may understand where in the Constitution Congress is asserting their authority to pass such a law, which would also be of benefit to the courts and attorneys of America as well. 

It would also help in debate in Congress to help slim down specifically or blatantly unconstitutional laws from even being considered, debated and passed by the Congress and sent to the president. This would be another final check on the legislative branch and would help our legislators know their limited powers granted by the Constitution better so they have a better idea on and knowledge about legislation presented to and debated in Congress.  

Such an amendment would in addition help save us litigation costs as well by slimming down the number of appellate and Supreme Court cases concerning unconstitutional legislation by making Congress really think about the constitutionality of the laws they present and pass, thus in theory limiting the amount of potentially unconstitutional laws coming out of Congress.

What are your thoughts? Would you support such an amendment to the Constitution? Why or why not?  Feel free to leave a comment with your thoughts, if there be any readers (at all).

1 comment:

  1. I think that if an amendment will help with the number of appellate and Supreme court cases concerning unconstitutional legislation that flood our system would be great. If it helps Congress be more responsible, I'm all for the amendment.