How can the president and the American Gov't overule the Constitution?

Question

It can be anyway the Pesident or Governtment can now overule something, anything, in the constitution?

Answer 1

The President and Congress can ignore the Constitution and implement things like the Patriot Act and NSA illegal spying knowing that it will be years before these things are challenged in the Supreme Court. This will give them enough time to accomplish their agenda and become rich.

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Answer 2

There are several instances that have already happened. One for example is the declaration of war. Only Congress has the power under the constitution to declare war, however, the pres, using executive orders uses military "policing" action which they claim is not the same as declaring war. In the Iraq war for example there was no actual declaration of war, only authorization by congress for the president to use force which is not the same as going to war.

There are other instances for example where the president can do whatever he likes constitutional or unconstitutional and if he has a sympathetic congress they will let hem do it. This became obvious when the supreme court decided that some of the prisoners in gitmo where being held unlawfully and deserved some due process.

The only other situation I can think of is that the president can declare something to be related to national security and hide it from the legislature. For example, recently some documents are being requested from the white house with regard to the people who have met with the vice pres. The executive is saying that they can't release this info because it is a matter of national security when realistically they are saying this because they know there might be information there that could bring about hearings.

So in the end the executive branch can't really over-rule the legislative in any serious way, but it can do a lot and bend a lot of rules.

Answer 3

They can't. You'll have to give examples. Where the government did take action that could have been unconstitutional, the courts have said they must change, like with the tribunals. However, there are a lot of judges/courts that are trying to re-write the Constitution by providing protections that aren't found in the Constitution.

Answer 4

When in a war as we are and have been since 9/11 the President has an obligation to protect his citizens. At one point in our history the President ordered internment for the Japanese immigrants. That was during WWII. He did that because he felt it was in our best interest. Obviously looking back, that was not a great idea. Bush has also made some decisions based on protecting the people. Many of them will offend. So be it. He can listen to my conversations all day long, I have nothing to hide. Do you???

Answer 5

The President (Executive Branch) has no effect on the constitution. Amendments can be made by Congress (Legistlative Branch) with a 2/3 of Congress approval.

The Supreme Court (Judicial branch) interprets the constitution if needed.

Answer 6

Just read Title 26 USC (The IRS Code) and you will see a classic example. The constitution catagorically forbids direct taxation by the "United States", but you are paying a direct tax every time you file (it's voluntary, they say). You also have a 5th Amendment right against self incrimination, but are required by federal law and "under penalty of perjury" to submit an annual financial "confession".

There are many other examples....

Answer 7

Because if the President and the legislature and the judiciary all neglect their responsibility to protect and serve the constitution, when they neglect to act to check the overreaches of the other branches, then the government will grow in power over our lives and steal our liberties and freedoms.

This has been happening for over a century. Hadn't you noticed?

Answer 8

They can't "overrule" the constitution in any way. The only thing that you might be thinking of would be amendments to the constitution which make changes in the way we run things. Such as giving women the right to vote or prohibition. But amendments are not easy things to add to the constitution.

Hope this makes sense. :)

Answer 9

No. Only way is to vote on changing or amending the constitution.

Answer 10

They can't & don't, run along back to school little girl