Should the executive branch be forced to enforce all legislation?

constitution shred

House Republicans better be careful what they ask for or they just may get it.

I do not support the Republican sponsored Enforce the Law Act. I believe it is mainly, if not solely, partisan in nature and if by some miracle it became law, it would likely come back to bite Republicans in the future…and rightly so. But I am mainly opposed to it because it does not allow for discretion with regard to enforcement of legislation that is unconstitutional. It practically implies that all actions by the U.S. Legislature are infallible or constitutional.

Under Article 2, Section 3 of the U.S. Constitution, the President “shall take care that the laws be faithfully executed.”

But certainly people realize that not all laws on the books are constitutional. Numerous statutes, rules, regulations, programs, policies, and laws have been passed by Congress-people (who, ironically, swore an oath to uphold and defend the Constitution) in violation of the Constitution — and contrary to your typical radio talk show blabbermouth, these violations are not limited to the Democrats. The federal government is constitutionally limited to only a handful of duties which are clearly enumerated in the Constitution, yet how many laws are currently on the books that legalize federal government overreaches into areas which were intended to be reserved to the states or individuals? 

A law that forces enforcement of unconstitutional laws is just plain senseless. What are these Republican House members thinking??

So do we really want all federal laws enforced? Can you imagine what that would look like in reality! Or do we think it is realistic to expect Congress, an entity that regularly passes laws allowing the federal government to exceed its constitutional authority, to submit itself to the tedious legislative task of repealing unconstitutional liberty-stripping laws? Will the day come when the political stars align our way and a sufficient number of Congress-people regard the Constitution as more than just decoration for their congressional offices?

I’m sure that this act was inspired by some great controversy that I am missing out on by not listening to talk radio or 24/7 cable news. But I read the actual bill with my own eyes and I don’t believe the unintended consequences are worth scoring cheap political points. I just think this is wrong-headed and a waste of time.

This proposed act is likely not going to become law due to the make up of the Senate and the current Executive, and surely the House Republicans who wrote and sponsored it knew that from the beginning. This just looks like more partisan political games to me.

What do you think about the Enforce the Law Act?

You can find more information on this issue at The Tenth Amendment Center’s website:

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