quarta-feira, 1 de junho de 2005

Sobre as Constituiçoes

"Over time, all governments seek broader powers than first authorized. To quote Madison, "In framing a government, which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place, oblige it to control itself." That is why the U.S. Constitution was crafted in a way that carefully enumerates and thereby limits the powers of the federal government.

Where the language of the U.S. Constitution is imprecise, consequences have been far-reaching.

The U.S. Constitution, for example, does not specify the maximum number of Supreme Court Justices. That crucial omission enabled President Franklin D. Roosevelt to threaten to pack the U.S. Supreme Court with his appointees if the Court continued to stand in the way of his "New Deal" legislative agenda.

In that sense, the current debate over the future of Social Security is a continuation of the controversy that surrounded the adoption of the New Deal legislation in the first place."

Incluido num artigo a ler: "A Hard Look at the European Constitution" de William Niskanen (is Chairman of the Cato Institute. Marian Tupy is assistant director of the Project on Global Economic Liberty at the Cato Institute.)

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