Restore the role of the U.S. Congress

Congress has gradually surrendered its law-making role to the President, to the Supreme Court, and to the state governments. That isn’t working well.

Early in the American experience the founders of our government realized that 13 colonies could not govern a nation. Central authority was required. Consequently, they formed the United States. Today, we need to recognize that 50 states cannot govern a nation. They can only produce chaos. We need to send people to the U.S. Congress who are willing to establish laws that govern the nation and not abdicate that responsibility to the 50 states.

The founders had to compromise when they established our United States. The slave colonies feared that a future Congress might abolish slavery. The solution was that each existing state would have two senators regardless of the size of the population. The southern states generally had fewer people than the northern states. This anti-democratic system still prevails. The U.S. Senate can block legislation desired by a majority of U.S. citizens. The U.S. Senate even allows a single senator to block legislation. If we want a fully functioning democracy, we will need to change the U.S. Senate, and that will require a constitutional amendment.

The U.S. Supreme Court has become a law-making institution, and that was definitely never intended. The Supreme Court became a law-making institution by assuming the role of judging the constitutionality of laws. The Supreme Court function of determining constitutionality of laws is not established by the U.S. Constitution, and it was not granted by Congress. The constitutional review function was assumed by the court in the 1803 Marbury v. Madison decision.

The fact that the court inevitably exercises a political viewpoint when deciding the constitutionality of law has been recognized. The number of seats on the Supreme Court has been changed seven times to influence the decisions of the court. The number of seats was changed from the original six to five; then from five back to six; then from six to seven; then from seven to nine; from nine to ten; from ten to seven; and, finally, from seven to nine. This type of solution still leaves the Supreme Court determining law of the United States, a function that should be exercised by the U.S. Congress. Supreme Court justices hold their office for life, and they are accountable to no one. It would be difficult to imagine a more anti-democratic system. The U.S. Congress can reclaim this law-making function if we elect congressmen and congresswomen who are willing to accept their responsibilities.

 A responsibility that the U.S. Congress has abdicated to the Executive Branch is the war making power including a declaration of war. Congress allowed the President to exercise that function for Korea, Vietnam, and Iraq. Assigning the authority to declare war to the U.S. Congress is a constitutional safety feature. Congress needs to resume sole authority for this function.

 Money is not legitimate free speech, and a government controlled by money is not a democracy. Congress needs to write a law that abolishes the Supreme Court decisions that made money a form of free speech.

 Election procedures to elect members of Congress, president, and vice president need to be standardized, the same procedure in every state. Who can vote and how the voting procedure is administered when choosing national officers should be uniform in every state.

 The electoral college is a serious threat to the stability of America. The Congress needs to start the process to amend the constitution and abolish the electoral college. Citizens—that is you and me — need to carefully select and elect members of Congress who are willing to update our governmental procedures to ensure America’s future well-being.

Jack Stevenson is a retired infantry officer, civil service and private corporation employee who now reads history, follow issues important to Americans and writes commentary from his home in Pensacola, Florida.