We do not live in a democracy. Our founders were careful to give us rather a constitutional republic, with checks and balances, and separation of powers. All officials swear an oath to “protect and preserve” the constitution. The United States is not held together by ethnicity or long history. The United States is held together fundamentally by one thing – our acceptance of and fealty to our constitution. This is the “consent of the governed”.
That consent depends on a shared understanding of the constitution. Phrases like “Congress shall make no law” need to mean exactly what they say to be something that the people can uphold. Officials need to follow it, and the voters have a duty to hold those officials accountable to our constitution. Courts have a duty to read it as written, not as they wish it to be, not twist it to follow any particular agenda.
I believe that the consent of the governed, and a shared understanding of our constitution is the most precious political asset we have. Without it, we have no country.
President Obama has made comments recently that appeared to criticize the Supreme Court. Mr Obama commented that it was “unprecedented” for the court to strike down legislation passed with a “strong majority”.
On the other hand, the Obama administration recently launched a lawsuit over the Defense of Marriage act (DOMA), asking that DOMA be declared invalid.
Political arguments about the merits of these cases aside, this is a very troubling turn of events. It appears that on one hand, President Obama is insisting that the court strike down laws he does not like, while upholding a law he favors. Legal or even political arguments advocating or opposing these laws are welcome and appropriate. Casting doubt on the role of the court and suggesting that it should do the bidding of the president, or some unspecified majority flies in the face of the oath of office he took on Jan 20th 2009.
Few things are as corrosive of trust in government than officials who put their agendas above their duties. President Obama would do well to make his priorities explicit and clear. Is the constitution his first, or his second priority?
