A sidelined Congress and Republicans are largely mum about the seizure of their power.

Heather Cox Richardson Feb 10

On Friday, President Donald Trump issued an executive order “protecting Second Amendment rights.” The order calls for Attorney General Pam Bondi to examine all gun regulations in the U.S. to make sure they don’t infringe on any citizen’s right to bear arms. The executive order says that the Second Amendment “is foundational to maintaining all other rights held by Americans.”

In fact, it is the right to vote for the lawmakers who make up our government that is foundational to maintaining all other rights held by Americans.

The United States Constitution that establishes the framework for our democratic government sets out how the American people will write the laws that govern us. We elect members to a Congress, which consists of the House of Representatives and the Senate. That congress of our representatives holds “all legislative powers”; that is, Congress alone has the right to make laws. It alone has the power to levy taxes on the American people, borrow money, regulate commerce, coin money, declare war, “to make all Laws which shall be necessary and proper.”

After Congress writes, debates, and passes a measure, the Constitution establishes that it goes to the president, who is also elected, through “electors,” by the people. The president can either sign a measure into law or veto it, returning it to Congress where members can either repass it over his veto or rewrite it. But once a law is on the books, the president must enforce it. The men who framed the Constitution wrote that the president “shall take Care that the Laws be faithfully executed.” When President Richard Nixon tried to alter laws passed by Congress by withholding the funding Congress had appropriated to put them into effect, Congress shut that down quickly, passing a law explicitly making such “impoundment” illegal.

Since the Supreme Court’s 1803 Marbury v. Madison decision, the federal courts have taken on the duty of “judicial review,” the process of determining whether a law falls within the rules of the Constitution.

Right now, the Republicans hold control of the House of Representatives, the Senate, the presidency, and the Supreme Court. They have the power to change any laws they want to change according to the formula Americans have used since 1789 when the Constitution went into effect. (continued)

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