Constitution on Life Support
It’s concerning when elected officials ignore the Constitution. Employing questionable methods to achieve a goal does not confirm the outcome.
The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors. They purchased them for us with toil and danger and expense of treasure and blood. It will bring a mark of everlasting infamy on the present generation – enlightened as it is – if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of designing men.
Samual Adams
Foreword
If you were to ask any American, even politicians, about the type of government in the United States, most would give the wrong answer. Without much contemplation, most would likely assert that we live in a Democracy. Some argue we are a just Republic because they recognize the Constitution’s role in governing us. Yet, as we will understand, both responses are off the mark.
Background
On June 21, 1788, the Founding Fathers created the United States of America. New Hampshire ratified the Constitution, making it the ninth state. The people established the nation as a Constitutional Republic. The Constitution of the United States is a unique legal document that holds authority for both the States and the people.
Like their servants, the creators thought the federal government was below the States. State law was more important than federal law, according to the Founding Fathers, and in practice. This arrangement persisted for well over a century.
Republican principles (not the Republican Party) divide power to prevent one group from having too much control. According to the Constitution, the voices and votes of every individual carry equal weight. The House of Representatives heard the opinions of the people. Congress members spoke for their voters. The people controlled one-third of the government through their elected representatives. The States’ voices echoed in the Senate, with Senators elected by the State legislature to protect their interests in the capital. The States, through their Senators, commanded another third of the federal government’s authority.
The President of the United States, elected by the States, vested the remaining balance of power. The Constitution bestowed the lion’s share of power upon the States and the people. The President held lesser authority because the Founding Fathers intended the President to have a more modest role.
Paradigm Shift
The year 1913 was a banner year for the Leviathan. The 16th Amendment was ratified, imposing a Federal Income tax. In addition, that year saw the birth of the Federal Reserve whereby Congress gave away its duty to regulate sound money. As a result, an oligarchy formed, which was not the intention of the Founding Fathers.1
The paradigm shifted with the enactment of the 17th Amendment on April 8, 1913 (direct election of Senators). At that juncture, the United States transformed from a Republic to a fiat “democracy.” The government changed from representing everyone to only representing the majority.2 Many people could not hold elected officials responsible after the elections.
Over time, the Constitutional safeguard that ensured the States’ equal say in federal matters eroded. The dilution happened as New Deal laws and Supreme Court decisions came in. It wasn’t easy to understand the division of power between states and the federal government. It also took a lot of work to see the separation between the Legislative and Judicial branches.
The President, Congress, and Supreme Court worked against the Republic and democracy. That transpired as governance wrested from the people’s grasp and found its exclusive place in the hands of the oligarchy. Many national laws enacted since 1934 bear a questionable constitutionality. Moreover, their passage and presidential endorsement continue unchecked. Now, every law that takes away States’ rights needs a bill from the States to make it legal.
Since 1913, people have disregarded the Constitutional separation of federal and state powers. The voice of the States faded into obscurity following the ratification of the 17th Amendment. That enticed about 20% of voters, reducing the power of the people by satisfying many benefits for the working class.
The United States Constitution’s framers made it limit federal power and protect state affairs and people’s lives. The Constitution allows the government to build roads, run the postal service, and have a military to protect the country. It also sets rules for patents, copyrights, banking, and coining money. And if needed, it lets the country declare war on another nation.3
The Founding Fathers added an amendment to prevent the federal government from doing too much. The 10th Amendment says that any powers not given to the federal government of the United States by the Constitution or not forbidden to the States belong to the States or the people.
Career Politicians
With only minor exceptions, Representatives and Senators were not what we now term “career politicians.” Such a concept, in any practical sense, did not exist. Being in Congress was seen as a patriotic duty, but it often made things difficult. It took them away from their primary responsibilities, like running their businesses or caring for their farms. Many notable figures in the United States political history were “part-time politicians.”
The idea of a politician having a career in the nation’s capital is new. It started in the mid-19th century. Before that time, most politicians were regular citizens, except those in bureaucracy. In Congress, they represented their communities and state governments. Yet, today’s politicians often focus on the needs of well-funded special interest groups. This idea gained popularity after Roosevelt’s initiatives in 1934.
Motivations for seeking a congressional seat have transformed over time as well. Early colonial politicians aspired to contribute to the development of a better America. In contrast, the pursuit of power and wealth drives most politicians. Nelson Aldrich (1841-1915) played a vital role in creating the Federal Reserve System. When he entered Washington, Aldrich’s net worth, including his home and business, totaled $50,000. But, with the establishment of the Federal Reserve, Aldrich’s wealth increased to around $30,000,000. That shows how political motivations have changed over time.
The different outcomes of Nelson Aldrich and Ulysses S. Grant (1822-1885) show how things changed. Grant passed away in 1885, destitute due to throat cancer. His situation is very different from what usually happens to politicians in Washington. Usually, when they get elected, they end up with a lot more money than they had.
While the Framers crafted what they thought was the best law of the land ever, unfortunately, they unwittingly included a couple of Easter Eggs. For example, the Speech and Debate Clause of the Constitution protects members of Congress from having to worry about anything they say during legislative activities. Therefore, nobody may implicate them in a lawsuit. The privilege procedure may have worked before the overarching corruption we live under today. It has become an extraordinary privilege as many Congress members (all parties) are above the law. Thus, we have a Completely Corrupt Congress.
Analysis
The Founding Fathers worked hard to plan for everything, but they couldn’t predict everything. Congress and the Courts interpreted specific clauses, such as Article 1, Section 8§1 and 8§3. The Congress can collect taxes for the country’s debts and defense. Politicians and lawmakers used “general welfare” and “commerce.” They used these words to justify spending and establish legal precedents. Congress promotes commerce and protects citizens’ general welfare.
Although these laws limit States’ power, the Supreme Court has wavered. The 1824 Gibbons v. Ogden case concerning interstate commerce is the basis for which established federal law as dominant over state law. Chief Justice John Marshall (1755-1835) stated that States cannot impede Congress with conflicting laws. He said that Congress can control everything that impacts trade between states. That includes both interstate and intrastate commerce. Chief Justice Marshall based his decision on Article I, Section 8§3. This article gives Congress the power to regulate trade with foreign nations and between states.
Even before Gibbins V. Ogden, the states were unhappy about federal intervention in interstate commerce agreements. In response, they introduced the 11th Amendment. Ratified on February 7, 1795, this Amendment preceded the Court’s decision in Gibson v. Ogden, but that ruling persisted in the annals of precedent for future generations.
Over time, the Supreme Court understood the commerce clause in alternative ways. Sometimes, they made it bigger, other times smaller. That affected the government’s power. The Court became stricter after Chief Justice Marshall reconsidered and favored state power over federal power.
The interpretation came back in 1937 because President Franklin D. Roosevelt (1882-1945) wanted some Justices to retire. The Court understood that giving in would lead to unconstitutional centralization of power. Their immediate priority was safeguarding their positions and the Court’s structure.
Returning to the future, we have become the United Socialist States of America (USSA). Below is a sampling of the many rubricks of a banana republic formulating the USSA, thus trashing the Constitution:
Shuttering houses of worship. The First Amendment to the Constitution guarantees freedom of religion. During the height of the COVID-19 psychological operations, with few exceptions (e.g., South Dakota), states mandated the closure of houses of worship. Meanwhile, people could still go to Walmart—a blatant disregard for the Constitution. The governor of Nude Jersey gave the quintessential example of how to beat the Constitution. In an interview, he made the stunning comment that shuttering churches in his state was a decision “Above my pay grade and we were not thinking of the Bill of Rights when we did this.”
Political prisoners. The Bill of Rights from the 4th through the 8th Amendment provides important protections and rights for those accused of crimes. That includes prohibiting unreasonable searches, self-incrimination, and cruel punishment while guaranteeing due process, public trials, jury trials, and assistance of counsel. As related to the January 6 (J6) incident, many participants are incarcerated in horrific conditions and denied their rights enumerated above. It’s important to highlight that if J6 were a left-wing incident, I would strongly advocate for ensuring that individuals holding such beliefs receive the protection granted by the Bill of Rights. We get crickets from “civil rights” groups concerning the J6 political prisoners. Today, only collectivists get juice from the alt-leftists at the National Lawyers Guild and the American Civil Liberties Union.
“Official” threats. Uber liberal Senate minority leader Chuck Schumer, on March 4, 2020, speaking at a rally of abortion rights supporters, appeared to threaten Supreme Court Justices Brett Kavanaugh and Neil Gorsuch. As President Donald Trump’s two Supreme Court nominees, they were confirmed after bruising Senate confirmation hearings.
Don’t like a Supreme Court ruling? Just work around it. President Joe Biden is looking for another avenue to relieve student debt after the Supreme Court rejected his forgiveness plan. “Today’s decision has closed one path … Now we’re going to pursue another,” Biden said. His administration will attempt to deliver a different loan forgiveness program under the Higher Education Act. That 1965 law allows the secretary of education to “compromise, waive or release any right, title, claim, lien or demand, however, acquired, including any equity or any right of redemption.” Sounds so Constitutional, ea?
Putried protests. In May 2022, uber-liberals protested the Supreme Court’s Roe v. Wade leak with “Mass Resistance.” That cult-like activity occurred outside Supreme Court Justices’ homes and churches. “Go to people’s homes. Go to their places of worship,” one social media commenter said. Meanwile, peacefully witness for unborn babies to be saved and prepare for an FBI raid at your residence.
What is a woman? During Judge Ketanji Brown’s confirmation hearing to affirm her appointment to the Supreme Court in March 2020, Sen. Marsha Blackburn asked the Supreme Court nominee to define the word “woman.” “I can’t —” Jackson replied. With Jackson (a woman) on the bench, the pickled-brain left will only be happy when all the justices have that IQ level (see next bullet).
Collectivist Judges Guaranteed? In February 2023, Senate Democrats, led by Sen. Sheldon Whitehouse, D-RI, introduced a bill attacking the Supreme Court. Supreme Court justices could be disqualified or punished based on a yet-to-be-crafted and fluid “code of conduct.” The Supreme Court Ethics, Recusal, and Transparency Act of 2023 would also require the Court to establish procedures for anyone who wishes to file ethics complaints against justices. We know what type of “code of conduct” the crummy collectivist Senators desire.
Afterword
To answer the opening question, the above demonstrates that we have transitioned in many ways into the equilivant of the USSA. Thus, claiming we are a “democracy” is what the collectivist elite and influencers want us to think. That word is a cover for what the collectivists desire. Furthermore, our country is way off the reservation from the precepts of our founding document: Constitutional Republic. That’s right, Virginia, the word democracy does not appear in the Constitution. Furthermore, we are not a plain Republic; we are supposed to be a Constitutional Republic.
It’s concerning when elected officials ignore the Constitution. Employing questionable methods to achieve a goal does not confirm the outcome. Even if a goal is “worthy,” it does not automatically make it constitutional or “good.” For example, the unlimited fiat money for pet projects (e.g., Blue over Yellow), which, in turn, debases the currency for all people.
The current leaders of the Democratic party are gaining more control over businesses, schools, and media. This group’s morals, values, and principles are not in line with what built this nation. They use law enforcement for political reasons. The organization misuses its power, paid for by taxpayers, to go after its critics. It also avoids or delays critical investigations and enforcement actions. Preferred government agencies and staff do this. We can label this style of governance as a form of fascism. It’s different from socialism because it marches on as a partnership with many large businesses, such as the Lap Dog Legacy Media.
While advocating for this novel approach to governance and society, collectivists gradually subject prospective citizens to a burdensome national debt. The ethical implications of such an act, akin to slavery, might not be universally recognized as harmful. That is, from the perspective of “certain belief systems.” Based on the above, the next time a liberal labels you as a fascist because you are conservative, libertarian, or classical liberal, they are projecting. That means they are the fascist. ANTIFA is the poster board template for that cult-like collectivist mob.
The situation in America is dire, as the Constitution is on life support. 📕
Sources
Whatever Happened to America? ~ Jon Christian Ryter, 560 pages, Hallberg Publishing, January 2001
The American Ideal of 1776: The twelve basic American principles ~ Hamilton Abert Long, 398 pages, Your Heritage Books, January 1976
Recommend reading
Constitutional essays authored by Frederick R. Smith
The 17th Amendment gave Americans the right to elect Senators like they elect members of Congress. In the past, State legislatures usually selected Senators in the United States. This was part of a system to ensure fairness and balance. The designers created the system to limit federal authority and hold the United States Senate accountable to the States.
Senators used to be careful when voting on laws that could give more power to the federal government and take away State rights. Yet, the ratification of the 17th Amendment on April 8, 1913, dismantled the Republic’s foundation.
On May 31, 1913, the 17th Amendment changed the balance of power from states to the federal bureaucracy. As a result, an oligarchy emerged. It replaced the Constitutional Republic our ancestors fought for and worked hard to create.
Today, the tyranny of the minority holds the power.
World War II was the last war authorized (declared) under the Constitution. Subsequent actions are unconstitutional.
The Constitution is on life support just like those folks on "run. death is near" and ventilators for Covid.
Excellent article, by the way.
As always, you have educated us and reminded us of the dangers we face. The cult (aka the "elite") has taken control of the USA. Their perversion and aggression, combined with our quiet complicity, is corrupting and destroying civilization.
As an afterthought, I'd like to add that states' rights took its major hit long before 1913.
Nullification is the doctrine that states have the right to declare federal laws unconstitutional and nullify them within their borders. It was based on the idea that the union was a compact of sovereign states, and that the federal government was their agent with limited powers. Nullification was advocated by Thomas Jefferson and James Madison in the Virginia and Kentucky Resolutions of 1798–99, which were written in response to the Alien and Sedition Acts.
Prior to the Civil War, people used the plural to describe the United States of America. After the Northern War of Aggression, it has been described by singular adjectives as "America" proved its might in destroying "states' rights".
It can be argued that Eisenhower was a prophet when he warned of the military-industrial complex. Since the CIA assassinated JFK we have been drifting towards becoming a 4th Reich and the final war between good and evil is being fought on the world's stage and in each person's soul.