Thinking About the Constitution Before Legislating

As part of the rules package for the 112th Congress, Republicans will require each piece of legislation introduced and considered in the House to contain a statement citing the specific constitutional authority for the bill. Congress has taken to disregarding the Constitution, in some cases considering constitutionality questions as the domain of the courts. House Energy and Commerce Committee Chairman in the 112th Congress, Rep. Henry Waxman, recently said, Whether it is constitutional or not is going to be whether the Supreme Court says it is.

What Waxman forgets is that Members of Congress are just as bound to defend the Constitution as judges. It's right there in the Congressional oath: I will support and defend the Constitution of the United States against all enemies