From Deseret News archives:
Study history of Constitution, the envy of all nations
September is Constitution month. On Sept. 17, 1787 — 223 years ago — all 12 state delegations at the Constitutional Convention approved the Constitution of the United States.
Still, after all this time, we argue about what the document means. Some have virtually memorized the Constitution. But while they know what it says, they are often confused about what it means and how it works. Every federal law was enacted according to principles outlined in the Constitution. Laws are passed by majority vote in both houses of Congress. The president either accepts a law or he rejects it (in which case his decision can be overridden by Congress). The president is responsible for putting the law into practice and enforcing it. If administration of the law requires more money, he must go back to Congress to ask for appropriations; the president cannot tax or appropriate money. If there is a question about the constitutionality of the law, the Supreme Court is called upon to decide whether it meets constitutional requirements. Neither the president nor Congress can make that decision.
In other words, there is no such thing as "Obamacare" or "Bush war" or "Reagan tax cut" or "Johnson civil rights law." Every law, every program, every tax is a joint effort, beginning first with Congress and ending, if necessary, with the Supreme Court. We call it a system of checks and balances.
And so it's disturbing to hear well-informed Americans blame a single individual for a law or program the critics don't like. In America, no single individual can make laws or create government programs.
It's also disturbing to see ignorance of the Constitution drive political debate. Some are not happy with the 14th Amendment. The amendment confers citizenship on "all persons born or naturalized in the United States." It was enacted in 1868, shortly after the Civil War, as one of the first steps to rescue this great nation from the evils of slavery and racial prejudice. Those who want to change it talk about "anchor babies" and other absurdities reflecting racial discrimination. The Constitution guarantees their right to say such things, however offensive they may be.
But amending the Constitution is purposely a difficult, time-consuming process. The amendment process initially requires support from two-thirds of the members of both the Senate and the House or two-thirds of the states. That won't happen this year, and it is unlikely to happen during the next two years, regardless of the outcome of November's election. Then the amendment must be ratified by three-fourths of the states — a process that typically stretches on for years.












