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Tuesday, July 26, 2005

What does it mean to "support and defend the Constitution?"

This Entry over at 2 Political Junkies prompted me to write this, a proposal for every sitting federal elected office, judicial nominee, and candidate for federal office.

First, the following Oaths of Office are required by the Constitution:

For Representatives and Senators:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

For the President:

I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

So....What does it mean for a Senator or Representative to Support and Defend the Constitution? What does it mean for the President to Preserve, Protect, and Defend the Constitution?

We need to ask them for a serious (not sound bites) answer to these questions, and what the 9th and 10th Amendments mean to them.

The ones that say:

Article [IX.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article [X.]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Our own (in PA) Senator up for re-election, lil' Ricky "Man-on-Dog" Santorum, has stated that the Government has rights over the people --
"The idea is that the state doesn't have rights to limit individuals' wants and
passions. I disagree with that," said the Senator, "I think we absolutely have
rights because there are consequences to letting people live out whatever wants or passions they desire. And we're seeing it in our society."
So Ricky -- where in the Constitution do you find these rights for the Government?

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