Dicretion is a ridiculous reason to avoid accountability
There is something called immunity and discretion that affords "the state" the right to commit abuses, and then be shielded from accountability.
Unlawful conduct means passing laws at odds with the constitution.
Yet, legislators are immune.
If the public "does something unlawful" we are held to account -- why are there not similar sanctions on Congressional representives when they pass legislation that is at odds with the constitution?
This "we were just doing our job" doesn't wash -- as it is their job to preserve the constituiton, not pass legislation that undermines it.
Why are there no mechanisms to ensure the legality of the law is tested prior to it being passed, not years after the damage has been done?
I do not want to hear excuses and justifications to continue with "what currently is not working."
I want to hear some real solutions, that this Congress, however stupid, can be convinced to embrace.
One solution is to have a fourth branch of government. The people's branch. If you think there is a better way, I'm all ears.
All I hear are excuses for 'why we can't improve,' yet that is not a solution.
It is self-evident that "what we have" is insufficient. It could be better. It is unacceptable that it has been three years after the Patriot Act has been pased, allowed to be used as a tool to abuse, and suddenly the courts wake up and decide "we have a problem."
This should not have been passed in the first place; nor should the public be asked to "put up with" what we got. Rather, this system needs to be fixed so that this does not happen again.
The Magna Carta and the Constitution once did not exist. It took novel minds to move toward something new.
To presrve this contitution it must be strengthened, not with unconstitutional acts, but with greater provsions so that the spirit of the constitution is strengthend: The concept that checks and balances works to solve problems, not have the "time to review" being used as the excuse to engae in no review.
What shields in the current statutes need to be removed so there are credible catatlysts on legislators to ensure they are voting for only constitutioal statutes?
What mechaiism needs to exist, be created to inject a credible offest to lawlessnes by all three branches?
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