“What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them … the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.” –James Madison, Federalist No. 44, 1788
This, of course, is also vice versa for each of the branches combined with the others. It’s only when one (usually the Judiciary these days) becomes excessively activist that laws passed are interpreted to allow things never intended by the Constitution. A primary example of this is the Affordable Care Act that we cannot seem to get gone or at least changed in a way that comports with all past legalities. That we cannot is an excessively troubling sign for the future of our republic. One that we have been warned by past generations to never allow to happen. Voters dependent on the public trough are inclined to continue feeding and not put a brake on this monstrosity that may well be the end of the constitutional republic and it’s primary principles that I love and am devoted to sharing and living by.
In this case, as the midterms approach, I wonder if I’m alone in realizing that where our representatives have not acted faithfully in removing this scourge from our nation, that perhaps now is the time to remove these and get a legislature that will represent what we voted for. Oddly, I got a request to donate to the cause of getting folks reelected who have not done their jobs. Can you just imagine my response? Not bad enough that I am barely getting by, but, now they want me to give to a bunch of folks who did not do what we voted them in to do…..