Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Saturday, October 09, 2004

Checks and balances: What is to be done when they fail?

All three branches have failed to adequately check themselves or eachother:

- The legislature has signed off on legislation that is unconstitutional;

- The judicial branch has failed to ensure the Congress and Execuctive were adequately responding to concerns prior to 9-11 about indadequate audits;

- And the executive has mislead the world to justify unlawful wars abroad, and lllegal detentions at home.

The idea behind checks and balances is to ensure that no one branch becomes all too powerful. Today's "checks and balances" has descended into a wink-wink, nod-nod of wall street, whereby people say nothing so long as the others say nothing.

The public is not well served.

More disturbingly is the abuses are well known, yet despite the agreement that "something should be done," we have nothing.

Why are there no mechanisms to timely inject themselves into the process when the three branches fail so as to ensure the government remains responsive?

Why is legislative immunity absolute; could there not be statutes that would provide only qualified immunity in cases of allegations of high treason, willful passage of unlawful statutes?

The public is required to act in a lawful way; why are there not some meaningful mechansims to ensure that any unlawful Congressional acts are stopped, not allowed to be enforced despite their unlawfulness?

When three branches fail, how bad must the abuses be before a fourth branch is created to right the imbalances?

How can one say that they are "for preserveing the constitution" when they take action to undermine reforms, and ensure that the abuses continue despite the Bill of Rights?

Why are we not mofidingy legislative immunity?

Why not repeat restictions offree speech in re "advisability of mliitary force" as an instrument to check the lawless in all three branches?

Why are people afraid to consider altnerativers and reforms to what is currently not working?

What we have is not working: Lies, wars, crimes, and no accountability.

Many below the President have gone along with this. What is to be done about those who move along as do ants ride the log down the river?