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It's time to repair and rebuild our Constitution

by Mark Agather
| March 16, 2018 4:00 AM

Apparently our nation’s infrastructure is in dire need of upgrades and repairs to the extent where the consideration of funding this program is now being actively discussed. But there are a growing number of people who are beginning to feel the same way about our U.S. Constitution which has been bruised and battered over the last 75 years to the extent wherein some of its original intents have been modified almost beyond recognition. Many believe it is time to have a formal discussion about proposing amendments to our Constitution that would address a number of issues.

There exists much agreement relative to the areas of concern. Our Congress has been having trouble functioning for much of this last decade. Many people feel the time has come to consider term limits for our senators and representatives. The original intent of the Constitution never envisioned political office as a permanent career with all sort of perks and privileges. In addition, many feel Congress and all public employees should not have special advantages relative to health care and retirement programs which help keep them insulated from the problems ordinary working people deal with on a daily basis. An amendment taking away these special privileges may appeal to the majority of our citizens.

Collaterally, our Congress has not been able to control their spending as it is much easier to give away money then it is to tell people they must learn to get along on less particularly when looking for votes for upcoming elections. A constitutional cap on spending of some sort may be the only way to get control of our spiraling debt.

How much power the federal government should have relative to the rights of individual states is a discussion whose time has come. Curiously California is leading the way into this inquiry by defying the federal government with its sanctuary cities, counties and state. An amendment more clearly delineating these boundaries would save countless lawsuits and constitutional questions.

The propensity of Congress to delegate their constitutional authority to endless streams of governmental bureaucracies who can make rules and regulations at will unchecked by officials elected by the people is a grave concern and should be addressed by a Constitutional amendment in some fashion.

The usurpation by our appointed judges of the duty invested in our elected representatives to make law constitutes a disturbing trend that if not checked, could lead to the “dictatorship of the judiciary” which concerned many of our founding fathers as evidenced in their discussions during the formation of our Constitution. An amendment more clearly describing the limits on the power of the judiciary is a needed inquiry. In addition, specifying time limits on the length of service a judge serves would do away with people serving until they are way too old to by effective.

Obviously, there are a number of other concerns that could be added to this list to confirm the point our Constitution needs clarifications put in place through the amendment process to guide and constrain our elected officials as they perform the duties, we the people, have delegated to them. It would seem appropriate for our elected US Representatives and Senators to be the ones who would discuss and proffer such amendments to the individual states for consideration. However it appears impossible to ask them to tender changes to the Constitution which would curtail their precious perks, power and privileges. Even getting them to set aside the time to consider discussing such issues may be a far-fetched dream. To address these important problems it may be necessary and, in the end, much more efficient, to pursue the second method given to us in our Constitution, the Convention of States, where discussion, consideration and promulgation of amendments would take place.

No matter which method of proposing amendments is eventually used, I suggest most would agree with the problems besetting our governmental bodies and our country in general. The discussion of these special concerns and of the amendments needed to repair and rebuild that very special foundation of our country, its Constitution, needs to begin now.

Mark Agather is a resident of Kalispell.