Newsweek's Ben Adler is decidedly cool to the newly-unveiled Republican "Pledge with America." No surprise there, coming from a liberal journalist. But among his criticisms, perhaps he's most off-base in his complaint about Republicans' promise to ensure that legislation must be constitutional before it is passed along to the president for his signature (emphasis mine):
Not so harmless, however, is the promise to require every bill to be certified as constitutional before it is voted on. We have a mechanism for assessing the constitutionality of legislation, which is the independent judiciary. An extraconstitutional attempt to limit the powers of Congress is dangerous even as a mere suggestion, and it constitutes an encroachment on the judiciary.
In those three sentences, Adler betrays both his ignorance of the U.S. Constitution and its imperative on all members of all three branches of government to uphold the Constitution's limits on federal power.
First off, let's look at the pertinent language of the Pledge itself, which Adler failed to provide a link to anywhere in his 7-paragraph September 22 blog post. From page 9 of the 48-page PDF version of the Pledge to America: