It’s time to walk the walk when it comes to the oath to the Constitution, which is currently treated more like an optional guide at best, or toilet paper.
Today, we’re breaking down the top-5 crucial steps an oath-KEEPING president should take to radically preserve, protect and defend the constitution – starting now.
As a quick warmup – let’s first discuss what it means to adhere to one’s oath.
St. George Tucker summed it up best. Any action, or inaction – by obedience or otherwise – that doesn’t involve actively opposing unconstitutional acts is a violation of one’s oath.
“Acts of congress to be binding, must be made pursuant to the constitution; otherwise they are not laws, but a mere nullity; or what is worse, acts of usurpation.
The people are not only not bound by them, but the several departments and officers of the governments, both federal, and state, are bound by oath to oppose them;
for, being bound by oath to support the constitution, they must violate that oath, whenever they give their sanction, by obedience, or otherwise, to any unconstitutional act of any department of the government.” [emphasis in original]
With that as our standard, here are the top-5 steps to take now.
5. REDUCE DEBT
As the anti-federalist writer Brutus warned, a debt so large it’s unpayable is the greatest “calamity” the country could face.
“They may create a national debt, so large, as to exceed the ability of the country ever to sink. I can scarcely contemplate a greater calamity that could befal this country, than to be loaded with a debt exceeding their ability ever to discharge.”
On the other end of the spectrum, Pres. Washington had a similar take.
“No pecuniary consideration is more urgent than the regular redemption and discharge of the public debt. On none can delay be more injurious or an economy of time more valuable.”
That means, no more big budget proposals that lead to more debt, that include funding for unconstitutional programs, and the like. No more overspending – and borrowing – and no more signing of anything from Congress that does.
4. CULTIVATE PEACE
Pres. Washington tied debt and national security together, urging that we “cultivate peace” as a tool of strength and security.
“As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible, avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it”
As a method of cultivating peace, Washington recommended no “permanent alliance with any portion of the foreign world” along with a foreign policy based on interaction and trade.
“The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible.”
Thomas Jefferson, likely inspired by Washington’s farewell message, cited peace seven times in his very short first inaugural address.
“Peace, commerce, and honest friendship with all nations, entangling alliances with none”
3. VETO EVERYTHING
It’s 100% certain that no matter what a president says or does today, Congress is going to send to their desk all kinds of unconstitutional legislation.
The oath requires a veto of all of it.
That means – no more “must-pass” legislation that gets all kinds of unconstitutional spending stuffed into it – all that needs to be returned to Congress. Every single time.
If you think about it, a huge majority of what gets passed by Congress is nowhere close to the system of “few and defined” federal powers, as James Madison described it in Federalist 45. So, if a president were to veto everything that hit his desk, he’d probably get it right on the Constitution at least 90% of the time – a massive improvement over anything we’ve faced in modern times.
2. REFUSE TO ENFORCE
As the branch of the general government charged with enforcing federal acts, laws, rules, orders and regulations, the executive branch has significant power to preserve, protect and defend the constitution from attacks by the other branches – if he has courage to use that power.
First, let’s reiterate that view from above – that allowing unconstitutional acts to go on unchecked is a violation of the oath.
“They must violate that oath, whenever they give their sanction, by obedience, or otherwise, to any unconstitutional act of any department of the government.”
Thomas Jefferson described how, as president, he put this principle into practice against the Sedition Act of 1798.
“I discharged every person under punishment or prosecution under the Sedition law, because I considered & now consider that law to be a nullity as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image; and that it was as much my duty to arrest it’s execution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refusing to worship their image” [emphasis added]
1. PARDON EN MASSE
For everyone else already being punished by government for violating unconstitutional acts and regulations, use the pardon power – and use it widely.
As Tucker pointed out, the pardon power was intended as a check on the judicial branch.
“The power of pardon, which is vested in the executive, in its turn, constitutes a proper check upon the too great rigor, or abuse of power in the judiciary department.”
The founders also viewed the pardon power as a tool of justice, or in the English history from which it was derived, it was known as the “prerogative of mercy.”
Alexander Hamilton also described what the framers considered an essential use of the power.
“But the principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.”
That’s just what Pres. Washington did in 1795, with a general pardon for people convicted – or just indicted – for participating in the Whiskey Rebellion. Washington’s pardon also included remitting or releasing “all penalties incurred, or supposed to be incurred.”
Thomas Jefferson also used the pardon power broadly in response to the Sedition Act, saying this was the most important use of his power – releasing people suffering due to violations of an unconstitutional act, which is no law at all.
“A legislature had past the Sedition law. the federal courts had subjected certain individuals to it’s penalties, of fine and imprisonment. on coming into office I released these individuals by the power of pardon committed to Executive discretion, which could never be more properly exercised than where citizens were suffering without the authority of law, or, which was equivalent, under a law unauthorised by the constitution, & therefore null.”
RAISING STANDARDS
Sure – all five of these are a pretty high bar, and maybe they even sound unrealistic to you. But if we want to live in a real “land of the free” – rather than under the largest government in history – maybe it’s time for “We the People” to raise our standards – and at least point to some goals, whether they seem achievable in the short term, or not.
With the constitution as our standard, and the founders as our guide, that’s what we work on doing here every day at the Tenth Amendment Center. And nothing helps us reach more people with this message more than the financial faith and support of our members.
