We know congress already did that Keith.
Many Americans, not just the courts, help shape the meaning of the Constitution in the nation’s life. This series explains the actual or potential contributions of these other individuals, groups, or institutions.
Today’s Constitution-maker is President Obama. In his State of the Union message last week, the President declared a measure of independence from Congress, saying that he would not wait for the legislative process to take action that he believed was necessary. http://news.yahoo.com/constitution-o...-politics.html
That can be read, of course, to mean that when Congress passes a law, using its undoubted authority to make laws for the nation’s governance, the president is to adhere to the letter of what Congress has enacted, and not to deviate from it. Faithful thus can mean respectful, and maybe even obedient.
But even that reading probably misunderstands the design of a working government: Congress may pass a law that the president decides is unconstitutional; what then? Hasn’t he taken an oath to defend the Constitution?
Congress may pass a law that, because of the compromises that went into its passage, is not really clear and specific; what then?
Don’t government bureaucrats need some guidance sometimes?
And what is the president to do if he sees the need for government to act, but Congress has not enacted a law to show the way?
In reality And what is the people to do if we see the need for government to act, but Congress has not enacted a law to show the way?
We shall see.“Wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.” President Obama