Solving real problems

By Curtis Harris

"When in the Course of human Events, it becomes necessary for one People to … assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them.…

"We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.…"

      from the Declaration of Independence, July 4, 1776.

"All legislative Powers herein granted shall be vested in a Congress of the United States.…"

      from Article I, Section I of the United States Constitution.


The United States of America is a representative democracy. American citizens vote to elect representatives to serve in the Congress. These elected legislators have the duty to use their best judgment to serve their states and country according to the founding principles documented in the Declaration of Independence and the United States Constitution.

One of those duties is to differentiate between the whims, emotions, trends, and temporary challenges that move through portions of society, and real problems that must be resolved through legislation. In theory, elected legislators are supposed to be persons of character, accomplishment, and leadership that are able to put aside their individual weaknesses and personal agendas as they perform their duties in keeping with the founding principles of the nation. In fact, after legislators spend a few years in Washington, D.C., the theory breaks down. Politics and power become the primary drivers of legislative action. Our Congress cannot do the work of leadership and make the tough choices necessary when legislation is required to resolve real problems facing America.

It seems that a good portion of the population and leadership of the United States of America is willing to let popular opinion and societal trends modify our founding principles and natural law. Abortion is the best example of these problems, but there are many others--race relations, fiscal policy, environmental policy, education, ethics and morality in government, and privacy rights. In all of these cases, the United States Congress has failed in its responsibility to create effective solutions. Instead, we get three possible legislative outcomes. In some cases, the Congress fails to act when action is required. In others, the Congress acts when there is no constitutional authority to do so. Most often, the Congress acts through legislation that contains loopholes and ambiguities that leave the hard questions unanswered. By failing in its duty to provide closure, the Congress leaves open societal wounds that fester for years.

Entrenched powers throughout our society, and particularly in our Federal government, are the root of the problem. The size and complexity of the Federal government depends on there always being problems to solve. The incentive is to work on present problems without solving them while discovering new problems that offer political opportunity. Government power grows while individual freedom and civil society erode.

The failure of the Congress to do the work of leadership results in members of American society turning to the courts for relief. Individuals and groups take their pieces of the larger problems to judges in the Federal courts. The judges then feel free to find solutions by interpreting the "intent" of the Founders when they created the Constitution and its Amendments over 200 years ago. Their personal views often enter into the interpretive process. Judges legislate from the bench, but their rulings do not settle the issues. Their rulings lack the authority of having passed through a democratic process. The parties who lose in court keep fighting for their cause. Those who win never feel secure in their victory. Court rulings do not produce the closure necessary for society to accept them and move on.

In every case where the Federal courts have made laws through rulings, appropriate legislation should have been the means to settle the issues. Instead, the issues remain festering problems in American society. More problems are coming. What will the courts do when the Social Security crisis arrives? When our health care system collapses? When suburban public schools become just as bad as schools in the major urban areas of our country?

The reason that Federal court nominations turn into political battles is that everyone involved knows the nominees will not be judges. They will be legislators wearing robes.

The entrenched powers in our dysfunctional Congress have lost all ability to deal with America's challenges. These career politicians, by action or procrastination, make matters worse. Citizen legislators with real connections to their communities can provide the leadership necessary to heal our society's festering wounds.

In future columns, I will suggest solutions to many of these festering problems that citizen legislators could enact. The purpose will be to show that these problems are not as difficult as they seem when one remains faithful to the principles of our founding documents, natural law, and common sense.

© Curtis Harris