Dear Editor,

 

A quote attributed to James R. Schlesinger goes like this:  “Everyone is entitled to his own opinion, but not his own facts.” In his column of March 29 (Constitutional Minute), Bob Hilliard states as fact (a couple of times) that various governmental agencies are “unconstitutional.” This demonstrates a fundamental misunderstanding of how our American Constitutional system works.

First, let’s look at what the Constitution allows Congress to do, in order to fulfill its duty to govern according to enumerated powers. Article 1, Section 8, Clause 18:  [The Congress shall have Power…] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

In other words, when the Constitution empowers Congress to levy taxes, and Congress finds it necessary to create an Internal Revenue Service to carry out that duty and power, it is completely Constitutional for them to do so. It doesn’t matter if George Washington had such an agency.

But, we are all human beings, and can make mistakes. If Congress passes a truly unconstitutional law, it can be nullified by the Supreme Court. If anyone decides to challenge the forming of the IRS or ANY other agency, they are fully entitled to try to take it to the Supreme Court. If the challenger is correct, then that law/agency will be nullified. Laws written by the Federal Congress and State Legislators are regularly challenged as to their Constitutionality, and in many cases, the Supreme Court agrees, and those laws/agencies are thrown out.

Congress, with a proper majority vote, can also nullify in full or in part any prior law Congress has written or agency it created. They just need the votes.

An agency is not “unconstitutional” simply because Bob Hilliard thinks it should be considered so, for whatever reason. In truth, and in our system, unless a law or agency is ruled UnConstitutional by the Supreme Court, it s Constitutional, if it was passed into law by the proper majorities.

Citizens should certainly be aware of how our system works, but when a “Constitutional Minute” states incorrect opinions as FACTS, the education process is perverted.

 

Jeff Harrison

Buffalo, Texas