Dan Popp
By Dan Popp
June 11, 2012

It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress. — Mark Twain

Next they're going to tell us that we have to read a suspect law its Miranda rights.

I'm not a lawyer, but I've seen one on TV. And a lot of the lawyers on television sound pretty stupid. Some of them have been saying that, when a law is challenged in the Supreme Court, the esteemed justices should be biased in favor of the law. This is called "due deference to Congress," or some such. After all, our beloved legislative and executive branches would never (well, hardly ever) do aaaaaaanything unconstitutional.

If that's the case, I guess we can get rid of this bothersome judicial review thing.

During the First Great Depression, the government had to persuade the Supremes that Social Security is a really a weird kind of tax. It's definitely not a retirement program (because Congress doesn't have authority to set up a national retirement program, you see — but it does have the power to tax. So Social Security must be a tax, because the government wants to do it, and taxing is what government can do). Of course they sold it to the people, and still sell it today, as a retirement fund.

President Eisenhower had to pretend that his interstate highway program was for national defense, because back in the 50's no one saw "infrastructure" in the Constitution.

These lies show that there was a time — and not way back in the powdered-wig-and-wooden-teeth era, either — when the President and Congress did not presume that their handiwork would get the benefit of the doubt from the Judicial branch.

The particular law that we're supposed to suppose to be constitutional is Obamacare. That's the legislation of which its proponents said, "We have to pass our bill so that you can find out what is in it." The oligarchs that enacted that law couldn't have known whether it was constitutional because they hadn't read it. They didn't know and didn't care. Nancy Pelosi laughed at the quaintness of the question of constitutionality.

Why would anyone "defer" to these Defenders of the Republic?

In our legal system, people are presumed innocent. I'm guessing that's to make up for the fact that we're not omniscient. We can very seldom achieve perfect certainty about all the elements of a crime. The presumption of innocence is another way of checking the power of the state against the individual. Consistency in that principle would demand that we hold every law unconstitutional until proven otherwise.

But there's no such uncertainty when it's a piece of legislation on trial. We know what the law says, and we know what the Constitution says. It seems to me, simple layman that I am, that the burden of proof is equal on both sides to make their respective cases.

If there must be prejudice toward one side or the other, given two hundred years of ever-encroaching federal power (not to mention our recent history of utter contempt for the oath of office) it would be much more reasonable to presume guilt. Odds are that any contemporary law picked at random will be an assault on the Constitution, rather than a corollary of it.

Justice in this particular case would be to eradicate Obamacare the same way it was created: entirely, swiftly and without reading it.

© Dan Popp


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)


Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
Flashback: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Pete Riehm
The world shares Israel’s problems

Peter Lemiska
The poisonous mix of imported hatred and home-grown ignorance

Michael Bresciani
Prophecy 2024: Major prophecies are closing fast

Selwyn Duke
For the West to live, immigration(ism) must die

Mark Shepard
Black Men for Trump – Makes a lot of sense

Cliff Kincaid
Will someone investigate the NSA?

Rev. Mark H. Creech
Revelation Chapter 19: Guarding against idolization, John’s angelic encounter

Steve A. Stone
No retreat – No surrender – No quarter

Matt C. Abbott
A pro-life charity watchlist

Jerry Newcombe
Western civilization’s most important and neglected strand

Curtis Dahlgren
God's 'practical joke' on Jew haters

Cherie Zaslawsky
Israel in the crosshairs: Part One
  More columns


Click for full cartoon
More cartoons


Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites