Saturday, January 23, 2010
Our Changing Constitution
The Constitution: Structure Survives, Does its Functions?
The constitutional structure of our government has endured since 1787. All of its basic parts are still there for all to see. But, today, this government functions in quite different ways than was conceived by the founders. Indeed, the familiar structure and residual functioning of the Constitution provides a cover for all manner of blatant subversions of the original intent of the Fathers.
Point: Virtually every piece of legislation passed into law since 1900 has no basis in the Constitution.
Point: Judicial activists interpret the legal issues and legislation put before it in a manner that violates the intent of the Constitution. The Courts practice “New law for a new day”.
Point: The Presidents have amassed far-reaching powers that were never intended to be vested in that office. War and Emergency powers represent a specific example, as do Executive Orders, and Signing Statements.
Point: The phrase …”provide for the general welfare” in the Constitution has been used as an open door for any social engineering whatsoever dreamed up by the triumvirate in power—Congress, President, and Courts.
Point: The government has expropriated over 65% to 70% of its revenue per year for entitlements, and the percentage is growing each year. Most, of not all, of these entitlements are beyond Constitutional validation.
Point: Congress attaches earmarks to bills that amount to billions of dollars for the home districts of congressmen. These earmarks have no relation to the bill’s content; the bill is merely a carrier for this largess that is not voted upon specifically and openly by the people’s representatives.
Point: Perhaps the most visible social engineering by activist Judges was the Brown versus Board anti-discrimination decision, followed by the Bussing decision to reach racial balance in the schools.
These and dozens of other cases in point seem to indicate that we have almost divorced ourselves officially from the original intent of the Constitution, and are now flying on the whims of the five-man majority on the Supreme Court, the party in power today and the parties of the future, under the cover of the familiar structure of the Constitution. The Constitutionality of a law and the many precedents in law are no longer yardsticks, it seems.
When does this affect each of us directly and horribly?
Constitutional Chaos, by Andrew Nepolitano, 2004
Men in Black, by Mark R. Levin, 2005
Who Killed the Constitution, by Thomas E. Woods and Kevin Gutzman, 2008.