Whenever an elected employee votes in a way that displease us or if the President signs a bill or issues an executive order that we don't like usually the first thing that we yell is impeach the bum! The second thing that we usually yell is that's unconstitutional! OK, that' brings up some interesting questions, Is it possible for the Congress and the President to do things that are unconstitutional? And if it is possible for the Congress and the President to do things that are unconstitutional, is there anything that we can do about it?
I think the first question was answered in my previous article Crystal Clear, yes the Congress and president can and do act unconstitutional quite often.
So, let's see what the US Constitution has to say about the second question; Article VI Clause 2 says, " This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
OK, let,s see what that means, according to the Merriam-Webster Dictionary the definition of Pursuance is, ": the act of pursuing; especially : a carrying out or into effect : prosecution ." And the Merriam-Webster Dictionary defines thereof as, "1 : of that or it
2 : from that cause or particular : therefrom." So, what the first line, up to the first semi colon says is, This Constitution, and the Laws of the United States which shall be made to carry into effect of that. "That" is a pronoun which refers to a noun, what noun does "that" refer to the US. "Constitution" most assuredly.
Now let's see what it says between the first semi colon and the second semi colon "and all Treaties made, or shall be made, under the Authority of the United States, shall be the supreme Law of the Land;..." OK, the first thing I need to draw your attention to is "under the Authority" According to the Merriam- Webster Dictionary "under" means 3 :" in or into a condition of subjection, subordination, or unconsciousness ". Oh subordination, well what does that mean? Well, once again let's look at the Merriam-Webster Dictionary 2 : "to treat as of less value or importance". So in other words Treaties shall be of lesser value than the Constitution. Treaties shall be made under the "Authority" according to the Encarta World English Dictionary "Authority" means "legitimate power" so the Constitution, which give power to the United States Government, is the source of legitimate power. Then it continues by saying "shall be the supreme Law of the Land..." so what does "supreme" mean according to Merriam-Webster Dictionary 1 :" highest in rank or authority" or superior. So the Constitution is the highest law of the land. Now if you or I were to violate legislative made law, which is inferior law, we would go to jail or face other legal sanctions. Shouldn't the violators of the supreme law also face sanctions? Yes! Now let's see what the US Constitution has to say about Impeachment.
Article II Section 4. "The President, Vice President and all civil officers of the United States, shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." Well, would the violation of the supreme law of the land constitute a "high crime? Yes!!
However, even though we do have solid constitution grounds to Impeach the President it won't happen for two reasons; 1. Yes, it is unconstitutional for the President to sign and bill that funds the federal departments of education, energy, EPA, FDA, HUD, and the list goes on and on, all of those bills get to his desk by being approved by Congress and it is the Senate that votes on Impeachment. 2. Possible the most important reason, most Congressional people think that Constitution Grounds is a new coffee being introduced by StarBucks!!