Baffled by the wisdom of our founders

Published 12:34 am Monday, April 23, 2012

Our founding fathers, the framers of the Constitution, struggled with many issues when they penned the document we refer to as “Our Constitution.”  The authors of the constitution struggled with protecting the rights of the people while providing a structure that allowed our government to function.  Their efforts demonstrated a unique collective wisdom of humanity that realized both the good and the bad of our behavior.

The Constitution is seen by most as a document that describes our government but it is a document intended to divide power between the three branches of government.  The old saying, “Two is a company, Three is a crowd,” apparently applies to the philosophy that drove our founders to this structure.  You may hear the term “Co-Equal” used to describe this structure but that is definitely not correct.  The Legislative Branch has control of the budget, the cash, the purse strings.  The Executive Branch has the military, federal law enforcement and the dreaded tax collectors plus the power to appoint.

Appointments are supposedly with the consent and concurrence of the legislature.  The Supreme Court is the final arbitrator of justice and the ultimate guardian of the Constitution.  The Supreme Court has control of the ultimate veto, the determination that a law or act is un-Constitutional. 

Co-equal? No way.  Balanced? Yes.  We are currently seeing a a struggle between the between the Legislative Branch, the Supreme Court, and the Executive Branch that is unlike any that I can remember in the past fifty years and maybe unlike any in the history of our country.  President Obama has stated that if the Legislative Branch did not wish to enact the legislation that he requested, that he would accomplish his agenda through executive orders.  Obama publicly chastised the Supreme Court justices in his first state of the union address and has gone so far as to publicly question the relevancy  and authority of the Supreme Court.

Although some might feel that our founders are rolling over in the grave as this part of our history unfolds.  I believe the founders are looking on with interest as their creation operates as planned.  I don’t think that it is good practice to second guess the Supreme Court while waiting for them to hand down a decision.  I likewise do not believe that it is good practice to insult your barber before getting your hair cut. 

The President has gone out of his way to create a situation that will ensure he has great difficulty in governing the country.  If the president loses control of the Senate, he might as well resign.  If he totally alienates the Supreme Court he has resigned and just doesn’t know it yet.  There is more on docket at the Supreme Court than Obama Care. The real issue is wether a President can “rule” against the will of the people, govern contrary to the wishes of the legislative branch, contrary to the provisions of the Constitution and without the support of the courts. 

There has been much discussion of possibility the Supreme Court might show constraint when handing down a decision on the healthcare bill.  I personally believe that there is a distinct possibility that when a decision is handed down by the court it could be very far reaching.  The pendulum that is swinging back may be a wrecking ball aimed at the executive branch.  It is possible President Obama may receive a lesson in the requirement to practice diplomacy in his dealings with the Supreme Court.  If that is the case, Obama and his successors will find it a bitter pill to swallow.

Ed Tyler lives in Pell City. He may be reached at ed@edtylerinc.com