Should an Office of Constitutional Compliance be created int he US?

[guyfriday]

Given how many citizen lawsuits against states are happening in regard to US Constitutional issues (2A and 4A in particular but I suspect 9A and 14A soon as well). Should a federal office be created to review these laws and complaints in order to prevent states from abusing the legal system for the occurrence of suppressing citizen rights? 


While I don't like the idea of governmental bloat, I like the idea of the recent use of "Lawfare", or use of the legal system to hinder or suppress Constitutional Rights of the citizens. Having an office with a mandate of reviewing laws that toe this line of Constitutional Rights and are often trampled on by states (looking at you West Coast states), then further hindered by the system by certain politicalized judges shuffling around cases in order to defer justice for these cases. The creation of a Department of Justice office that does nothing but review these issues and intervene in these cases to provide Immedient relief for the public being targeted by these unlawful laws. 

As a side of having this office, the Judicial System wouldn't be as taxed by these cases so that cases in que can be dealt with in a timelier manner. 

What does the community at large think?

[Maxmars]

Given how many citizen lawsuits against states are happening in regard to US Constitutional issues (2A and 4A in particular but I suspect 9A and 14A soon as well). Should a federal office be created to review these laws and complaints in order to prevent states from abusing the legal system for the occurrence of suppressing citizen rights? 


While I don't like the idea of governmental bloat, I like the idea of the recent use of "Lawfare", or use of the legal system to hinder or suppress Constitutional Rights of the citizens. Having an office with a mandate of reviewing laws that toe this line of Constitutional Rights and are often trampled on by states (looking at you West Coast states), then further hindered by the system by certain politicalized judges shuffling around cases in order to defer justice for these cases. The creation of a Department of Justice office that does nothing but review these issues and intervene in these cases to provide Immedient relief for the public being targeted by these unlawful laws. 

As a side of having this office, the Judicial System wouldn't be as taxed by these cases so that cases in que can be dealt with in a timelier manner. 

What does the community at large think?

If I understand your meaning... it is a notion of oversight and enforcement?

One idea might be...

It seems redundant, since the apex judicial branch's prime function is constitutional protection. 
And ALL officers of the court are supposedly sworn to uphold and defend the constitution.  

I don't think it's unreasonable to expect that between the judicial branch and the officers of the court, there are ample opportunities to safeguard everyone's rights.

Perhaps the problem doesn't actually require a formal government oversight agency, but instead that people do what they say they are "supposed" to do, and police each other as their oaths demand.

Another might be....

Such an entity will require authority and agency to act. 

They can't be like the "other" agencies who are immediately challenged with "having no jurisdiction" every time they try to regulate...
and what is called for here is the regulation of the legal system. 
This theoretical agency must reside above and separate from the vast power of the associations of lawyers...
yet it must be filled with "internal affairs" type fully-accepted legal minds...

For that you'd have to confront both the institutions of law, and academia, (who would no doubt avail themselves of media allies to vilify everything you do.)

Often we consider a government agency to be the 'acting arm,' but more frequently it is only a placeholder... to be filled with "political appointments."  In that regard it is subject to the same 'gamesmanship' that's causing the problem in the first place.  If the idea is that I can simply call you a 'dangerous criminal,' and then everyone who will support me will act "as if it were true."  The problem is in me, the accuser, contextually speaking.  Assuming of course, you are not.

This is a tough problem, that I would wonder if the 'all-surface' political-class wouldn't rather just let be... so they can use the tactic too.

[quintessentone]

Individual rights are not absolute is what I am hearing lately, and how convenient is that reality? So the quote "my rights end where yours begin" in a culture wars context won't see the light of day within a conservative judicial system because the culture based in what? the church? Project 2025? now governs many aspects of perceived rights of individuals and perceived or actual 'rights' can be circumvented using safety and the well-being of others argument as the deciding factors in a court and in society.

"If you can manipulate news, a judge can manipulate the law. A smart lawyer can keep a killer out of jail, a smart accountant can keep a thief from paying taxes, a smart reporter could ruin your reputation — unfairly. – Mario Cuomo"

[UltraBudgie]

Individual rights are not absolute is what I am hearing lately, and how convenient is that reality? So the quote "my rights end where yours begin" in a culture wars context won't see the light of day within a conservative judicial system because the culture based in what? the church? Project 2025? now governs many aspects of perceived rights of individuals and perceived or actual 'rights' can be circumvented using safety and the well-being of others argument as the deciding factors in a court and in society.

"If you can manipulate news, a judge can manipulate the law. A smart lawyer can keep a killer out of jail, a smart accountant can keep a thief from paying taxes, a smart reporter could ruin your reputation — unfairly. – Mario Cuomo"

maybe lord acton had it backward when he said power corrupts and it is in fact that the drive for power beyond the interpersonal stems from corruption and all systems of power concentration like large governments where people wield authority over those they don't have to make eye contact with are doomed to subversion corruption rigging and such as you mention. power doesn't corrupt, corruption empowers. that sounds cynical. but it may be the case in fact and history sure seems to indicate it because even the best systems slide toward that end as the good intentions generationally fade and are worked around by the weasels who when we really look at them are more bellwhethers of the weaslyness nascent in all of us even if we dont want to admit it or be as brazen about it. and perhaps that is why systems that break that power aggregation at the lowest level before it can metastize are so hated by those who have leaned in to the game of political subversion. i am thinking of things like jury nullification and sortition.

[quintessentone]

maybe lord acton had it backward when he said power corrupts and it is in fact that the drive for power beyond the interpersonal stems from corruption and all systems of power concentration like large governments where people wield authority over those they don't have to make eye contact with are doomed to subversion corruption rigging and such as you mention. power doesn't corrupt, corruption empowers. that sounds cynical. but it may be the case in fact and history sure seems to indicate it because even the best systems slide toward that end as the good intentions generationally fade and are worked around by the weasels who when we really look at them are more bellwhethers of the weaslyness nascent in all of us even if we dont want to admit it or be as brazen about it. and perhaps that is why systems that break that power aggregation at the lowest level before it can metastize are so hated by those who have leaned in to the game of political subversion. i am thinking of things like jury nullification and sortition.

Doesn't it make stand to reason that to select administrators and leaders by sortition, or giving everyone (both parties) an equal chance, that it is likely to result in less corruption because there will be opposing ideas or challenges that can be debated, and where everyone is kept in check for all of the people, so to speak? Selecting political administrators of the same ilk will result only in 'yes' men and women who won't have the desire of freedom of expression or alternate visions for the all of the people.

[xuenchen]

How would this new office be doing what Congressional Committees and The DOJ are supposed to do?  

[guyfriday]

How would this new office be doing what Congressional Committees and The DOJ are supposed to do?  

Much like how Federal Prosecutors have offices located in each state, I would imagine this off ice doing the same, but while the Prosecutors office is involved with pursuing criminal activities this office would be for reviewing laws that infringe upon Constitutional rights to the people. It as imagined, would be for preventing and fighting "Lawfare" at it's source by states against it's citizens. 

By the time issues of a potential law gets to the Congressional Oversite Committees, it's too late. As to the DOJ, this would be an office within the DOJ.