Thanks for sharing this JSM!!


On Tue, Dec 28, 2010 at 1:03 PM, JSM <[email protected]> wrote:

>
>
> The Constitution of the United States begins with the words "We the
> people." But neither the Constitution nor "we the people" will mean anything
> if politicians and judges can continue to do end runs around both.
>
> Bills passed too fast for anyone to read them are blatant examples of these
> end runs. But last week, another of these end runs appeared in a different
> institution when the medical "end of life consultations" rejected by
> Congress were quietly enacted through bureaucratic fiat by administrators of
> Medicare.
>
> Although Congressman Earl Blumenauer and Senator Jay Rockefeller had led an
> effort by a group of fellow Democrats in Congress to pass Section 1233 of
> pending Medicare legislation, which would have paid doctors to include "end
> of life" counselling in their patients' physical checkups, the Congress as a
> whole voted to delete that provision.
>
> Republican Congressman John Boehner, soon to become Speaker of the House,
> objected to this provision in 2009, saying: "This provision may start us
> down a treacherous path toward government-encouraged euthanasia."
>
> Whatever the merits or demerits of the proposed provision in Medicare
> legislation, the Constitution of the United States makes the elected
> representatives of "we the people" the ones authorized to make such
> decisions. But when proposals explicitly rejected by a vote in Congress are
> resurrected and stealthily made the law of the land by bureaucratic fiat,
> there has been an end run around both the people and the Constitution.
>
> Congressman Blumenauer's office praised the Medicare bureaucracy's action
> but warned: "While we are very happy with the result, we won't be shouting
> it from the rooftops because we are not out of the woods yet."
>
> In other words, don't let the masses know about it.
>
> It is not only members of Congress or the administration who treat "we the
> people" and the Constitution as nuisances to do an end run around. Judges,
> including Justices of the Supreme Court, have been doing this increasingly
> over the past hundred years.
>
> During the Progressive era of the early 20th century, the denigration of
> the Constitution began, led by such luminaries as Princeton scholar and
> future President of the United States Woodrow Wilson, future Harvard Law
> School Dean Roscoe Pound and future Supreme Court Justice Louis Brandeis.
>
> As a Professor at Princeton University, Woodrow Wilson wrote
> condescendingly of "the simple days of 1787" when the Constitution was
> written and how, in our presumably more complex times, "each generation of
> statesmen looks to the Supreme Court to supply the interpretation which will
> serve the needs of the day."
>
> --
> When fascism comes to America, it will be wrapped in the flag and carrying
> the cross.
>
> Sinclair Lewis
>
> --
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