I understand that temptation that leads many people to bend the clearly intended meaning of the constitution; we see vexing social and economic problems and we want to expand the power of the federal government to decisively and rapidly address them. To rely on the limited resources of state and local governments, of civil society and individual initiative to seems almost criminal when we have more powerful federal tools at our disposal. Most progressives and some conservatives are so convinced of the moral imperative of their positions that they cannot bear to allow "ignorant" states and localities the right to pursue contrary policies. So, they seek to use the power of the federal government to advance their agenda across the land. This is seen in issues as diverse as health care, the war on drugs, immigration and gay marriage. But, we must resist the temptation of bending the constitution in order to "achieve the greater good."
The authors of the constitution were aware that throughout the history of mankind, the tyranny of rulers over individuals and communities was the general rule. Even wisely governed republics and democracies had degenerated into anarchy or despotism. Accordingly, they placed clear
limits on the power of politicians and the power of the central (federal) government. And they understood that the expanded powers that you grant the federal government in order to achieve your "enlightened" policies, one day will be used to impose the "backwards" policies of your opponents on you and your community. So, even with its foibles and its frustrating pace of progress, we would be wise to accept limited, constitutional governance as the lesser of all evils.
Jewish World Review August 17, 2010 / 7 Elul, 5770
By Thomas Sowell
"We the people" are the familiar opening words of the Constitution of the United States-- the framework for a self-governing people, free from the arbitrary edicts of rulers. It was the blueprint for America, and the success of America made that blueprint something that other nations sought to follow.
At the time when it was written, however, the Constitution was a radical departure from the autocratic governments of the 18th century. Since it was something so new and different, the reasons for the Constitution's provisions were spelled out in "The Federalist," a book written by three of the writers of the Constitution, as a sort of instruction guide to a new product.
The Constitution was not only a challenge to the despotic governments of its time, it has been a continuing challenge-- to this day-- to all those who think that ordinary people should be ruled by their betters, whether an elite of blood, or of books or of whatever else gives people a puffed-up sense of importance.
While the kings of old have faded into the mists of history, the principle of the divine rights of kings to impose whatever they wish on the masses lives on today in the rampaging presumptions of those who consider themselves anointed to impose their notions on others.
The Constitution of the United States is the biggest single obstacle to the carrying out of such rampaging presumptions, so it is not surprising that those with such presumptions have led the way in denigrating, undermining and evading the Constitution.
While various political leaders have, over the centuries, done things that violated either the spirit or the letter of the Constitution, few dared to openly say that the Constitution was wrong and that what they wanted was right.
It was the Progressives of a hundred years ago who began saying that the Constitution needed to be subordinated to whatever they chose to call "the needs of the times." Nor were they content to say that the Constitution needed more Amendments, for that would have meant that the much disdained masses would have something to say about whether, or what kind, of Amendments were needed.
The agenda then, as now, has been for our betters to decide among themselves which Constitutional safeguards against arbitrary government power should be disregarded, in the name of meeting "the needs of the times"-- as they choose to define those needs.
The first open attack on the Constitution by a President of the United States was made by our only president with a Ph.D., Woodrow Wilson. Virtually all the arguments as to why judges should not take the Constitution as meaning what its words plainly say, but "interpret" it to mean whatever it ought to mean, in order to meet "the needs of the times," were made by Woodrow Wilson.
It is no coincidence that those who imagine themselves so much wiser and nobler than the rest of us should be in the forefront of those who seek to erode Constitutional restrictions on the arbitrary powers of government. How can our betters impose their superior wisdom and virtue on us, when the Constitution gets in the way at every turn, with all its provisions to safeguard a system based on a self-governing people?
To get their way, the elites must erode or dismantle the Constitution, bit by bit, in one way or another. What that means is that they must dismantle America. This has been going on piecemeal over the years but now we have an administration in Washington that circumvents the Constitution wholesale, with its laws passed so fast that the public cannot know what is in them, its appointment of "czars" wielding greater power than Cabinet members, without having to be exposed to pubic scrutiny by going through the confirmation process prescribed by the Constitution for Cabinet members.
Now there is leaked news of plans to change the immigration laws by administrative fiat, rather than Congressional legislation, presumably because Congress might be unduly influenced by those pesky voters-- with their Constitutional rights-- who have shown clearly that they do not want amnesty and open borders, despite however much our betters do. If the Obama administration gets away with this, and can add a few million illegals to the voting rolls in time for the 2012 elections, that can mean reelection, and with it a continuing and accelerating dismantling of America.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment on JWR contributor Thomas Sowell's column by clicking here.
Thomas Sowell Archives
© 2006, Creators Syndicate