LPAC 2014 speaker Jim Antle has a piece on Rare reiterating both the reason why the Founders entrusted Congress with "the question of war" and why the argument that the rest of the government can do what it wants - and rely on the judiciary to sort out the constitutionality of it all later - is absurd.
Should a lawmaker simply defer all constitutional questions to the judiciary? . . .
There are a few things that need to be said about this view.
First, members of Congress swear an oath to uphold and defend the Constitution. They do not swear an oath to protect Supreme Court rulings or judicial precedent.
The same is true of the president and many other citizens who work for the government in far less prominent roles.
That means abiding by the language of the Constitution—by and large not a technical document—when its meaning is clear and uncontroversial.
It also means that elected officials must make their own independent constitutional judgments in the course of performing their duties. . . .
Moreover, ratification is the process by which the people and the states delegate power to the federal government in our system.
Allowing the Constitution to be defined by judges alone short-circuits this process by allowing the federal government—or at least one branch of it—the final say in determining its own powers. . . .
As Dr. Paul argued in his latest Texas Straight Talk, Congress last week acted as little more than a rubber stamp for the President's intentions overseas. It's little wonder, then, that the President continues to belittle the separation of powers by acting as he pleases while "keeping Congress informed," including sending them a letter justifying further interference in the Middle East through the older-than-a-decade authorizations of force for Afghanistan and Iraq.
Life and death matters such as war deserve considerably more than an "FYI."
Campaign for Liberty continues to work to educate millions of Americans on the need to return to constitutional government, including reining in an out-of-control Executive that is acting more like a king than a president.
Help us turn up the pressure on Congress to stand up for the Constitution by signing your "Take President Obama's Pen Away" petition here.