Rick Perry and the Constitution

Rick Perry thinks the United States Constitution needs some changes. I don’t necessarily disagree with that, but let’s examine the seven changes he would like to make.

1. Abolish lifetime tenure for federal judges by amending Article III, Section I of the Constitution.

The whole idea of lifetime tenure is to isolate the judiciary from political ramifications. If a judge really goes rogue, there is always impeachment as an option. This is a bad idea. Sometimes the court has to make politically unpopular decisions and it needs to have the freedom to do so. Perry wants to make the judiciary politically accountable which is precisely what the framers of the constitution were trying to avoid.

2. Congress should have the power to override Supreme Court decisions with a two-thirds vote.

Congress and the states can already override Supreme Court decisions with a two-thirds congressional vote and the agreement of three-quarters of the state legislatures. It’s called the amendment process. The process is made difficult on purpose but it can be argued it has occurred seven times in U.S. history so when it’s necessary, it can happen. This also strikes at the independence of the judiciary and is another bad idea.

3. Scrap the federal income tax by repealing the Sixteenth Amendment.

First of all one doesn’t need to repeal the sixteenth amendment in order to replace the income tax. The sixteenth amendment allows income taxes, it doesn’t require them. Second, before I can say whether eliminating the federal income tax is a good idea or not, I’d need to know what Perry intends to replace it with.

4. End the direct election of senators by repealing the Seventeenth Amendment.

This would just about guarantee that senators would be owned by the big corporations and back room local politics. I don’t see any problem with direct election so why bother to change it?

5. Require the federal government to balance its budget every year.

I actually like this idea except that we all know that any such amendment would have to include escape clauses to cover times of emergency such as war or natural disaster. If it took a two-thirds majority of congress to allow deficit spending, I might go along with this proposal. We cannot continue down the road of spending more than we have.

6. The federal Constitution should define marriage as between one man and one woman in all 50 states.

Oh well, so much for State’s Rights and Libertarianism. Aside from the fact that this doesn’t have a snowball’s chance in hell of passing, this would dramatically cripple the 14th Amendment by making an exception to equality under the law. If I can make an exception for Gays, then why not Muslims or Blacks? No, this isn’t a slippery slope argument because I’m not claiming this would happen, I’m simply asking how it is theoretically different. Obviously, I’m opposed to this idea.

7. Abortion should be made illegal throughout the country.

What is it that drives conservatives to want and regulate how people live? How about you mind your own business about what one does with their own body? Again, obviously, I’m opposed.

So, I sort of like one idea, need more information about a second before I can decide and oppose the other five rather vehemently. This is one reason why I wouldn’t vote for Rick Perry unless the only alternative was Michelle Bachmann.