海角大神

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Why Congress is the 鈥榬eal voice鈥 of citizens

The U.S. Supreme Court ruling on global tariffs, and the views of the Founding Fathers, highlight the value of elected representatives engaging in lawmaking processes that involve 鈥渃ool and deliberate reflection.鈥

By the Monitor's Editorial Board

As mandated by the United States Constitution 鈥 that the president 鈥済ive to the Congress [the legislative branch] Information of the State of the Union鈥 鈥 George Washington delivered the first such annual message in 1790.聽

Addressing assembled members, he referred to the 鈥渘ovelty and difficulty鈥 of legislating, and called 鈥渇or the cool and deliberate exertion of your patriotism, firmness, and wisdom.鈥澛

This year鈥檚 planned State of the Union address (on Tuesday, Feb. 24) offers an opportunity to reflect on the governing pillars of deliberation and discussion that Washington and other Founding Fathers prized. The event鈥檚 televised panoramas of representatives of all three branches of government attending the event may also help underscore the rationale behind the Constitution鈥檚 separation of legislative, executive, and judicial powers.聽

Tuesday鈥檚 event occurs a few days after last week鈥檚 Supreme Court ruling against the administration鈥檚 imposition of global trade tariffs under the 1977 International Emergency Economic Powers Act. The authority for applying such blanket levies, the court鈥檚 decision indicated, lies with the legislative branch 鈥 members of Congress who are elected by Americans to represent their interests.聽

鈥淵es, legislating can be hard and take time,鈥 Justice Neil Gorsuch acknowledged in his concurring opinion. 鈥淎nd yes, it can be tempting to bypass Congress when some pressing problem arises.聽

鈥淏ut the deliberative nature of the legislative process was the whole point of its design,鈥 he continued. 鈥淭hrough that process, the nation can tap the combined wisdom of the people鈥檚 elected representatives, not just that of one faction or man.鈥澛

The Declaration of Independence spoke of citizens鈥 鈥渦nalienable,鈥 endowed God-given rights and of citizens as 鈥渆qual.鈥 The U.S. Constitution cemented those rights through an institution expressly designed to represent the will and aspirations of the people.

Sen. Mitch McConnell of Kentucky, generally a supporter of President Donald Trump, said the court鈥檚 decision 鈥渞eaffirmed authority that has rested with Congress for centuries鈥 and that the body鈥檚 legislative role 鈥渋s not an inconvenience to avoid.鈥 For the country to enact policies that impact Americans widely, he said, the 鈥減ath forward is crystal clear: convince their [congressional] representatives.鈥澛

Voices from both sides of the political spectrum appear to agree on the centrality of Congress鈥 role.聽

A Wall Street Journal editorial viewed Justice Gorsuch鈥檚 words as 鈥渁 stirring message鈥 to 鈥渞evive Congress鈥 to exercise its legislative authority. 鈥淭he difficulty of passing legislation is a constitutional feature, not a fault,鈥 it wrote.聽

The left-leaning Brennan Center for Justice urged last November that the president take his case for global tariffs and the national interest to Congress, so that elected representatives 鈥渃an decide ... with democratic debate and accountability to their constituents.鈥澛

Washington would likely have agreed: It is only 鈥渁fter time has been given for cool and deliberate reflection, that the real voice of the people can be known,鈥 he wrote to a colleague in 1796.