Legal Question in Constitutional Law in Missouri

U.S. Constitution

Can Congressperson, Senators, and other public officials be held accountable for not honoring their oaths of office wherein they swear and affirm that they will support, protect, and defend the U.S. Constitution against all enemies foreign and domestic? There have been many instances in recent weeks when legislation has been railroaded through that endangers Constitutional rights of U.S. citizens. Primarily First and Second Amendment rights have been targeted and it needs to be stopped.

Asked on 3/31/09, 12:41 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: U.S. Constitution

No. In a nation of over 300 million people, there will always be some who consider any given act (or omission) by lawmakers to be a violation of their oath. If those people were allowed to sue, lawmakers would spend all their time in court and would be unable to do their jobs. Further, allowing courts to determine how members of the legislative and executive branches must perform their duties would violate the constitutional separation of powers.

If you don't like the way your senator or representative is performing, tell him or her how you feel. Hearing from constituents might influence his or her vote. If that doesn't work, voting for someone else next time around is your only other viable option.

Read more
Answered on 3/31/09, 4:06 pm

Related Questions & Answers

More Constitutional Law questions and answers in Missouri