The Church of Kharma Futures

The Rev's views on politics, events,faith, and the world. All content copyright Church of Kharma Future 2007-2015 All rights Reserved

Living Constitution = Dead Letter

Posted by revkharma on March 1, 2009

Over the years, and especially since the administration of Woodrow Wilson, we have seen an increasing disregard for the Constitution by successive governments of the United States.

Wilson’s disregard for liberty has been largely disregarded by those who are enamored of his internationalist agenda, and morn the eventual collapse of his League of Nations. During his time in office Wilson jailed thousands who disagreed with him. He embraced the emerging theories of the Progressives, which in effect were social Darwinism applied to government. Wilson displayed an open disdain for the founding document bordering on contempt. Writing in his writings, Mr. Wilson stated firmly: “No doubt, a lot of nonsense has been talked about the inalienable rights of the individual, and a great deal that was mere vague sentiment and pleasing speculation has been put forward as fundamental principle.”

He created a political force, the APL (American Protective League) to enforce his vision of the political structure of the government. Using the various legislations adopted to help him consolidate power (Sedition act of 1918, and the Espionage act of 1917) Wilson imprisoned anyone who publicly disagreed with him. Many of his political prisoners were not released until after Wilson was out of office. Yet, somehow he is looked upon as a visionary, a man of peace, who was simply ahead of his time.

FDR followed and enlarged this tradition. Again using the cover of a crisis, Roosevelt undertook to subvert and ignore the Constitution in order to expand his power and achieve his own vision of America. Once more it was vastly different than that of the founders. Much of his agenda was shut down by the Supreme Court until his threat to pack the court with pliant judges. Under this threat, the Justices surrendered, and began to rubber stamp most of the unconstitutional laws and policies he wanted.

The US congress continues to govern by committee and department rather than by direct vote, thus insulating themselves from responsibility for their actions. The Seventeenth Amendment removed one of the last barriers to centralized power in the Federal Government. The States no longer held any effective power to restrain the DC government. Combined with the virtually unrestricted ability to confiscate wealth from Americans and dispose of it at will under the Sixteenth amendment, the elimination of controlling power of the states gave Washington nearly unfettered power, along with the ability to fund it’s goals from private wealth. 

Those who claim to be legal and constitutional scholars praise a doctrine which they call “The Living Constitution”. They claim that the words written do not actually mean what they say, merely are ideas which should be adapted to changing circumstances. Thus, when the letter of the law is inconvenient, they simply say it means something other than what the words clearly indicate. They seek, and often find ‘penumbras’ or ’emanations’ withing the wording which justifies the creation or expansion of various government authorities. This, they claim gives the authority to expand government power to redress newly created violations of never before enumerated powers.

The combination of willful disregard of the clear wording of the Constitution, with amendments which have distorted the powers and scope of government beyond any nightmares of the founders has brought us to a point where the representative government in Washington, DC is at least as despotic and unresponsive as was the reign of ‘Fat George” III at the time of the Declaration of Independence. The pendulum swing of power from Republican to Democrat brings with it successive demonization of each by the other. In fact, there is a collegial disregard for the restraints the Constitution places on government. One party claims the other is evil, and then attempts to expand government to achieve its own ends when it regains power.

What is needed is simply to act to restrain ALL parties. We need to find a way to reset the clock, so to speak.

There are a growing number of Americans who are calling for a second Constitutional Convention. The idea is that the existing regime has shifted so far from the intent and design of the Founders that it is no longer recognizable as an American Government.  There are some inherent dangers with the concept with a restart. Many say that once the door is opened, there is no restraint on the changes which can be made. Recall that when the first convention was called, the intent was simply and only to modify the Articles of Confederation. Many states sent delegates with instructions which prohibited any other actions. One of the first actions the delegates took was to change from a requirement of Unanimous approval to three fourths of the States to agree to the new governmental foundation. If this precedent is followed, any convention could become a way to solidify and expand the current regime, rather than to scale back the out of control federal leviathan.

We see what can happen quickly with the steps taken by the current administration. Obama campaigned on a theme that the economy was in crisis, and tipping toward catastrophe. Once in office, the administration continued to hammer the theme, constantly talking down the American economy, and taking steps that seemed bent on discouraging Americans in a time of trouble. Quickly acting, the Obama administration has moved to take steps which contravene the Constitution, and enlarge the scope and range of federal power, and Obama’s own political control. ( US Code Title 13, ch 1) He has offered payback to his Democrat party allies by promising to sign a bill granting the District of Columbia a voting member in the House, directly disregarding constitutional requirements for such membership(article 1, sec 8). He has worked with the most radical elements in the Congress to form and push through legislation which would empower bankruptcy judges to unilaterally alter valid mortgage contracts, once again directly contravening constitutional restrictions. (Article 1, sec.10) President Obama is likely to set records for speed and scope of destruction of the founding documents of our Republic.

Neal Boortz is one voice who seems to think a convention can be called with limited authority. His idea is to remove the sixteenth and seventeenth amendments, and to install congressional term limits. These are worthy goals, and if this is possible, something to work for. I am not a scholar, but I simply cannot see how we could avoid a repeat of the complete remaking of our government which could result from a convention. While we were blessed with such brilliant minds at the time, I fear that the dolts now occupying positions of power could not accomplish anything as elegant and functional at this time.

The alternative is major disagreement and a fractioning of the entire national structure put into place since 1789. I would have to ask, just what would emerge from such a spin off? What kind of confederation could be put into place? Would it necessarily be a bad thing?  Might we then see the experimental engines of government contributing equally to a les overbearing central government?

As I see it, we have a few, limited choices.

We can continue to act as ‘good citizens’, continuing to work under the assumptions that our republic functions as it was designed. We can dutifully vote in each election, and expect that somehow the incumbents reelected will see the error of their ways and change their behavior.

We can organize to fight through media, internet, and political action and attempt to rouse the corpulent masses in the country to stand up and restrict the cancer that government has become.

We can work to call another Constitutional convention, and see what results. I am beginning to think that the risks are worth the rewards. If the ‘Progressives’ take over, there are enough Americans who will see through the plan and resist. We will then face a choice of accepting a new and even worse document or to draft an entirely new and back to basics constitution which will plug the gaps which have been torn in into it by corrupt and dangerous administrations. I believe there are many who agree. I think it may be time. I think it may be almost too late to act. But I think that something MUST be done! Inaction is no longer a viable option.

Keep the Faith!

The Rev

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2 Responses to “Living Constitution = Dead Letter”

  1. Joel S. Hirschhorn said

    There is an enormous amount of misinformation and disinformation floating around concerning how a convention could be held to consider proposals for constitutional amendments. Few people are well informed about the provision in Article V that offers the option of a convention of state delegaes, rather than Congress, for proposing amendments. Worse, few seem to know that the one and only constitutional requirement for such a convention has long been satisfied, because over 700 state applications have been submitted from all 50 states – more than the 2/3 required. So why no convention? Because Congress has refused to obey the Constitution. Learn all the facts at http://www.foavc.org; our national nonpartisan group Friends of the Article V Convention is working hard to make Congress call the first Article V Convention, but we do not advocate for specific amendments. Come see and become a member…

    • revkharma said

      So, Joel, do you have a solution to offer? What CAN we do to push the issue. I’m not attacking you here.I’m merely asking, as I can only do what I’m doing here: question, ask,and stir some discussion. But, surely we can’t keep silent any longer!

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