We have the power to return to the Constitution
The principled logic Madison used in Federalist #44 applies no matter which branch of government is getting out of line. When any officer of our government, in any branch, misuses or usurps power, We the People have the ability, and the duty, to rein them in. If we have unfaithful representatives, we must replace them with faithful representatives. It’s as simple as that.
“What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them [...] the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.” – James Madison, Federalist No. 44
“A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal.” — Thomas Paine, Constitutions, Governments, and Charters, 1805
Source: http://www.tomhoefling.com/home/we-have-the-power-to-return-to-the-constitution
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