There’s a growing number of people calling themselves “Constitutionalists” however, it is not an appropriate political ideology. Many people on both “sides” of the false left-right paradigm claim to be “constitutional scholars” yet disagree greatly on many issues.
The US Constitution states, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” But some “constitutional scholars” don’t seem to mind that Congress grants “regulatory” power with the force of law to various agencies. After all, there is a difference between “legislation” and “regulation” however, that difference is minute.
Other “constitutionalists” disagree over the “Electoral College.” Some of the “scholars” on the “left” wan to abolish the Electoral College, while most on the “right” support the Electoral College, however there is rarely a debate over whether to repeal the 12th Amendment. Originally, the electors would cast two votes, the person receiving the greatest number of electoral votes and a majority would be President, the person receiving the second greatest number would be Vice President. However, the 12th Amendment changed the way the Electoral College worked, so that “The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.”
I have a few questions:
If “consitutionalists” support the constitution, do they support the original or the amended wording?
Do “constitutionalists” support an income tax (16th Amendment) or should all taxes be apportioned among the States (Article 1 Section 2 “direct Taxes shall be apportioned among the several States”)?
Do “consitutionalists” support the national debt? After all, it was enshrined by the 14th Amendment (Section 4. The validity of the public debt of the United States, authorized by law … shall not be questioned.)
Should Senators be appointed by the States (Article 1 Section 3 “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof”) or elected (17th Amendment)?
What about issues that aren’t specifically mentioned in the Constitution? Does the “consitutionalist” support individual liberty based on the 9th Amendment (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.) or does the “consitutionalist” support a law prohibiting the activity based on a loose interpretation of a clause in the Constitution (Interstate Commerce Clause, Necessary and Proper Clause, General Welfare Clause, etc)?
A “consitutionalist” can be many things; conservative, liberal, libertarian, fascist, socialist or any ideology in between. “Constitutionalist” is not an ideology, but rather a cop-out for holding an actual set of political beliefs.