Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government. Many today however treat it more like an interpretative dance, an invitation for expressive individual moves. Indeed, in the last few months, President Joe Biden often seems to be dancing alone. The improvisational element to constitutional interpretation reflects more than mere political opportunism. It reflects a crisis of faith on the Constitution Day.
Most politicians enter office sounding like ballroom dancers and end up as break dancers. When you are out of office, the structural limits of the Constitution are hugely important as you seek to force the other party to justify actions or seek compromises. Once in power, the shield afforded by the Constitution seems more like a shackle. Every president in my lifetime has found achieving his agenda at some point to be more important than complying with the Constitution. Whether it is the circumvention of Congress or launching unilateral wars, presidents dance to their own tune to the gleeful applause of their supporters.
Take the series of losses recently by the Biden Administration in areas like immigration. The Administration lost a number of unilateral moves by Biden on the basis of the Administrative Procedures Act (APA), a law requiring the government to consider objections and countervailing facts before making final decisions. For example, in terminating policies like Trump’s “Remain in Mexico” policy, the Supreme Court ruled that Biden acted in violation of the federal law. It should sound familiar. During the Trump Administration, Democrats denounced the failure by Trump to satisfy the same statute. At the time, I noted that Democrats would likely find themselves on the wrong side of that precedent when the next Democrat came to power. Right on cue, Biden immediately to did exactly what Trump did in discarding the federal law. Indeed, Biden has been accused of pushing knowingly unconstitutional provision like one in the pandemic relief bill declared to be racially discriminatory.
The greatest departure from the constitutional framework came recently in Biden’s call for the Centers for Disease Control and Prevention (CDC) to reimpose a nationwide moratorium on the eviction of renters. The CDC previously claimed the authority to control all of the rental agreements across the country under a vague federal law. So, according to this interpretation, a small agency could cite a concern over a possible disease in taking over a huge part of our economy without any consultation, let alone approval of Congress.
Not surprisingly, a majority of justices said that no such authority existed. In its 5-4 decision in Alabama Association of Realtors v. Department of Health and Human Services, the Supreme Court kept the CDC moratorium in place. However, five justices indicated that the CDC order as unconstitutional. Yet, Justice Brett Kavanaugh who agreed that no such authority existed, still voted with the majority because the CDC’s original order was about to expire anyway. He allowed the law to simply expire and thereby enable an “additional and more orderly distribution of the congressionally appropriated rental assistance.” Putting aside the curious position of Kavanaugh, five justices clearly stated that no authority existed for the CDC to issue the order and it was only allowed to expire because it was about to expire anyway.
When Democrats pushed Biden to reinstate the moratorium despite the views of the majority of the Court to the contrary, Biden was told by his White House Counsel and an array of legal experts that the order would clearly be found unconstitutional. That is when Speaker Nancy Pelosi reportedly told Biden to just call Harvard Professor Laurence Tribe, who predictably gave Biden the green light.
In one of the most chilling press conferences by a president, Biden admitted to the press that it was still probably unconstitutional but he hoped to get billions of dollars out the door before the new order could be struck down. When confronted on the fact that five justices already said that the CDC lacked this authority, Gene Sperling, a senior advisor to Biden, declared his willingness to act without legal authority is a measure of his empathy and greatness: “This is a president who really understands the heartbreak of eviction. The reason why he is pressing and pressing, even when legal authority looks slim, is because he wants to make sure we have explored every potential authority.”
Despite Tribe’s assurances, the order was declared invalid.
Indeed, on this Constitution Day, it seems like the Constitution itself and its supporting institutions are under unprecedented attack. When the Court refused to enjoin the Texas abortion law, various figures immediately renewed the call for court packing in install an instant liberal majority. While the number of justices is not set by the Constitution, the move reflects the same impatience with constitutional provisions or institutions that stand in the way of political demands.
The Constitution remains a leap of faith for citizens. We agree to live within its confines despite the fact that it may slow or frustrate our efforts to achieve our immediate goals. It has served us well through rageful times and reckless leaders. It was designed by Madison to be idiot-proof and every president in my lifetime has put that design to its test.
Not much has changed over the centuries. The Constitution was written not just for times like this, it was written in times like this. The Federalists and Jeffersonians were actually trying to kill each other. Yet, here we remain. We are no more united than we were. Indeed, the only essential thing we have in common is the Constitution itself. It is a covenant of a common faith that unites us and protects us . . . despite our best efforts to the contrary.
112 thoughts on “Our Crisis of Faith on Constitution Day”
As a senior lay American male and a generally more objective former primarily diagnostic industrial electrician on mostly production shifts, when losing a pro se litigation on a partially disabling on-the-job back injury after releasing do nothing attorneys from my case, except for all of the memorization of precedents I found the law much easier than some of the industrial computer programs I had to work with. Applying that to the US Constitution, I have to agree that misapplication (e.g. ignoring, misinterpreting, violating and/or usurping, for special interests) of the Constitution has all but destroyed my America. However, I find too that a large part of that is because the Preamble to has not been recognized as enforceable law. I find that one little word, “this,” makes the difference. The Preamble to the US Constitution is as much an integral, inseparable and enforceable part of the Constitution as any other. Not just a clear, concise and clever introduction to the body of the Constitution, it colors, flavors and establishes context for all that follows.
Additionally, despite the religious bias and content of the Declaration of Independence, the Founders had something of a ‘leap from faith’ when it came to the Constitution. Additionally, too, based upon my own learning and practicing of secular mind power methods for self-improvement with particular personal ‘insights’ into nature, human nature and my own nature since late 1975, despite that leap from faith they still embedded the Preamble (minimally) with a few natural laws, which are also violated along with any other part of the Constitution being violated. All-in-all, I find that a strict literal interpretation of the entire constitution leaves little room for interpretation not primarily intended to beneifit some special interest group. Again, as a former industrial electrician, except for the chronic and repetitive misapplication of various non-Preamble provisions of the Constitution, my America should have been running smoothly on ‘auto-pilot’ for at least a century. Obviously, government ‘of-the-rich, by-the-rich and for-the-rich’ doesn’t work, which is consistent with nature favoring balance, moderation, order and stability. In conclusion, for now, I know of no provision in the US Constitution to allow obscene wealth to coexist with abject poverty, additionally prohibited in the Preamble as “…promote the general Welfare…and…do ordain and establish THIS [emphasis added; not some other] Constitution for the United States of America.”
I am still waiting for the day when a politician running for non-legislative election will just say, “I promise to follow the law and not act to change it.”
And I also will continue to wait for the day when a person running for Congress will say, “I promise to hold the President accountable for his actions, especially if he’s in my political party.”
One of the hallmarks of our nation, and a reason for its success for over 200 years, has been the consistency of its laws. Yet now we are witnessing a collapse of that system. I could editorialize about this for another 60 paragraphs, but that wouldn’t be very fun to read.
The Founders stated that success of America would require “good” men. Turnout was 11.6% in 1788, by design. In 1788, the vote was restricted by the Founders, separately and similarly in each state, to male, European, 21 with 50 lbs. Sterling or 50 acres. The Naturalization Acts of 1790, 1795, 1798 and 1802 (four iterations), required citizens to be “…free white person(s)….” America is a restricted-vote republic, distinctly not a one man, one vote democracy (i.e. ochlocracy), as was the case in Rome and since democracy’s inception in Greece. The “poor” were never intended to vote; the “poor” will sell their vote. There is no need for women to vote because good men vote for the benefit of their nation and their families. Ultimately, the vote was for men who absolutely and unreservedly support the literal “manifest tenor” of the Constitution. Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals while it is severely limited and restricted to merely facilitating that maximal freedom of individuals through the provision of only security and infrastructure. The vote is in large part moot and exists merely to support and perpetuate the dominion of the “manifest tenor” of the Constitution. Never did the American Founders intend for the vote to be a Christmas “wish list” or for America to exist for anyone other than actual Americans. You let the genie out of the bottle. You will never get him back in. You lost your resolve. You lost your republic. Now, if it is so desired, the republic will have to be taken back. Bon Voyage!
“I’ll have those ——- voting democrat for 200 years!”
– Lyndon Baines Johnson
“[We gave you] a [restricted-vote] republic, if you can keep it.”
– Ben Franklin
“The influx of foreigners must, therefore, tend to produce a heterogeneous compound; to change and corrupt the national spirit; to complicate and confound public opinion; to introduce foreign propensities. In the composition of society, the harmony of the ingredients is all-important, and whatever tends to a discordant intermixture must have an injurious tendency.”
– Alexander Hamilton
“the people are nothing but a great beast…
I have learned to hold popular opinion of no value.”
– Alexander Hamilton
“The true reason (says Blackstone) of requiring any qualification, with regard to property in voters, is to exclude such persons, as are in so mean a situation, that they are esteemed to have no will of their own.”
“If it were probable that every man would give his vote freely, and without influence of any kind, then, upon the true theory and genuine principles of liberty, every member of the community, however poor, should have a vote… But since that can hardly be expected, in persons of indigent fortunes, or such as are under the immediate dominion of others, all popular states have been obliged to establish certain qualifications, whereby, some who are suspected to have no will of their own, are excluded from voting; in order to set other individuals, whose wills may be supposed independent, more thoroughly upon a level with each other.”
– Alexander Hamilton, The Farmer Refuted, 1775
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.”
– Alexis de Tocqueville
Hobbes was probably right after all.
The Constitution was written not just for times like this, it was written in times like this
How does the Constitution protect America when the enemies are at the top including the President, his “advisors” and the US Congress?
France is our oldest ally. Yet France just recalled their ambassador in protest to Biden
The US Border is more porous than a window screen during a hurricane.
The FDA is refusing to approve Biden’s booster vaccine but his “advisors” (e.g physician in name only Surgeon General Vivek Murthy) keep lobbying for it anyways
Speaker of the House has demonstrated herself to be a despot who refuses to work with members of the opposing party
SCOTUS is literally under assault by agitporps including intimidating two members of the Court: Kavanaugh and Breyer
The 4th Estate is hopelessly unreliable and well deservedly mocked due to their continual a$$ kissing
The US Pentagon lied to Americans when they killed ten innocent Afghan civilians (seven children) via drone attacks and not Islamic State bomb plotters
And most recently Lt General Joseph Kellogg is now stating that Gen Mark Milley is a threat to our democracy
How does the US Constitution direct in these times?
“[T]hey killed ten innocent Afghan civilians (seven children) via drone attacks . . .”
In early September, Milley made the following announcement:
“[I]t’s “possible” the United States will seek to coordinate with the Taliban on counterterrorism strikes in Afghanistan . . .”
That’s brilliant. And who do you think your *enemy* is going to target? Civilians, perhaps? So that they turn against the U.S., and to the Taliban for protection. So that you look even more buffoonish.
First Milley colludes with one enemy (China). Then he aids and abets another enemy (the Taliban).
With generals like this, who needs enemies.
There is no law anymore. Laws and the Constitution are just a suggestion.
We are throwing away our blessings and our freedoms with both hands, while some cheer it on.
Yes, that is what I am beginning to think. The feds are corrupt and don’t even pretend not to be lately. Many of the courts are wallowing in social justice theory or outright politics.
Time to hunker down. I don’t have any confidence in this system with these con men running it.
I’m not a rap fan but check out this rapper. Tom McDonald’s Fake Woke is awesome!
I like the sentiment but I can’t make it all the way through any rap song. I lean more to Bach and Vivaldi.
It’s a style that doesn’t fit my ear. That being said, his lyrics are spot on. Here’s a link to them:
That is applicable for a psychologist or a psychiatrist who would care. Classical music “fits my ear” any time over anything produced for a pop-culture or by an anti-culture in the last few decades. Have a good day sir.
Anon- You have perfected the art of being a jerk.
“I lean more to Bach and Vivaldi.”
I’ll take Chopin.
(Unless that means I have some horrible neuroses.)
Neuroses? Yeah, probably, and racist too. Only racist neurotics like brilliant music. Count me in.
Neurotic + Racist.
One more affliction, and we qualify for protected status.
Conspiratorial? Extremist? Delusional?
My uncle has been visiting the USA from Cuba for over a year. He called me today from South Florida where he is staying with his daughter, a US citizen. He and his wife can not return to Cuba because the airport in Havana has been closed due to COVID. He calls me every week to help me explain America vs Cuba. He recognizes the freedoms Americans enjoy, the health care is superior, and he enjoys working to earn some side money in his mid-70s. However he doesn’t understand the unrest in this country, the silent civil war, the people complaining and the disintegration of families. If only Americans knew what they have, and how they are destroying it.
Estovir, your uncle sounds as though he hasn’t yet been infected by the American brand of Marxism. I wish him peace.
Estovir, I second Olly. Good luck to you and yours.
Indeed. Thanks for your well wishes.
I am feeling very patriotic tonight. Check out Ronald Reagan @4:08 with Kate Smith belting out God Bless America. Marvelous stuff.
“There is no law anymore. …”
But there is hyperbole.
Hi, Karen. You know, it’s really what you make of it. I’d bet laws have always been neglected. Likely since forever. And that might be a good thing… maybe? Laws aren’t always good. Right?
I felt this article was inspiring. I hope you can read it again and see that too. And if you wanna make a difference, here’s some good advice that was given to me. Be healthy, have a good family, and build a strong community. That’s it! 🙂
I think the rest falls into place.
Is there a ‘crisis of faith’ in the Constitution? Or is it merely the latest efforts by the Royals, their secret societies, the globalists & their think tanks, the RIIA, the CFR, promulgated by Tavistock to convince the U.S. population via false flag wars, UK-owned private banking, faux race wars, induced and unfettered migrations, Coronavirus medical martial law and forced vaccination to subordinate the United States into a global dictatorship? The latest efforts to recolonize the United States back into the Commonwealth (UN)?
U.S. citizens need to wake up and realize there is a conspiracy to destroy their country, freedoms, their Constitution as preliminary to gulag and genocide.
BRITISH (PRIVY COUNCIL) OVERTHROW OF TRUMP AND WHAT’S LEFT OF AMERICA
33 REASONS WHY WE NEED TO RESEARCH CORONAVIRUS
Synarchy I & II
Synarchy III & IV
All Freemasons reading this: by oath you cannot divulge the inner workings of your lodge; but I tell you, the Freemasons under Samuel Adams who ran the American Revolution are not the same Freemasons (Queen’s Privy Council) who command global tyranny now. All those obeying the edicts of the Queen are traitors.
You might not be aware but this website only permits two hyperlinks per comment. I edited your comment by snipping the protocol off the extraneous links so that it would post. If in the future you want the readership to review more than two links, this may be accomplished through the use of multiple comments of two or fewer hyperlinks each.
Durham must have released his feeble indictment.
Joke Biden must have admitted that his drone attack killed innocent civilians and children.
The current Democratic Woke Tyrants from the President, his Administrators, Congress and the swamp Bureaucrats and their continued disregard for the Constitution and the laws therewithin must be confronted, and those complicit in lawless behavior removed from office.
Joseph Stalin is quoted as saying “The State is an instrument in the hands of the ruling class, used to break the resistance of the adversaries of that class.” , Theodore Roosevelt said, ‘In Words: Memorial edition’ “No man is justified in doing evil on the ground of expediency.” , and paraphrasing Hubert Humphrey, “There are not enough jails, police, or courts to enforce the law not supported by the people”.
Using Humphrey’s thought it appears the political lefts is satisfied with in your face lawlessness by their leadership, and further conclude that the Constitution is under assault from Tyrants wishing to change the social, economic and character of this the greatest Nation that has ever existed, to their utopian view. Their utopian view if adopted fits Khrushchev’s ideal world view “Comrades! We must abolish the cult of the individual decisively, once and for all”.
Il buono, il bruto, il cattivo.
“No man is justified in doing evil on the ground of expediency.”
– George W
The very essence of the eminently adverse and treasonous “Crazy Abe” Lincoln.
America is the “manifest tenor” and nothing but the “manifest tenor,” so help America God.
“Crazy Abe” Lincoln and his equally insane, power-hungry anti-Constitutional successors, turned the free America of the Founders upside down, favoring Karl Marx, 12 years after his publication and emergence, as many of his acolytes fled prosecution in Germany arriving in, wait for it, Illinois, after stops in New York and other receptive locales. Who knew “Crazy Abe” was consorting with newly minted communists, initially attempting to execute their primary precept by forcibly imposing a classless society?
Comments are closed.