Laying Down the Law

The Constitution is frequently referred to as the ‘Supreme Law of the Land.’ And no doubt, in the purely technical sense of the term it is indeed. But what is a law? It seems to me that a law compels, prohibits or directs the behavior of people to effect a specific outcome. Provided most people are disposed to obey laws, the law will have the desired result. For those people who are not inclined to obey laws the law has a second part—punishment for disobedience. This may be prison, fines or other retribution specified by the law and imposed by the courts. On the first part there can be no doubt that the Constitution is law. It establishes what the President, the Congress and the Federal Courts may and may not do. By virtue of the fact that the document actually creates these entities as well it certainly could be regarded as ‘Supreme.’ Unfortunately, on the second point the Constitution seems somewhat lacking in seeing to its own enforcement and proscribing punishment for failure to comply. Of course, there is the concept of ‘Checks and Balances’ between the three branches of government; however when all three branches are operating in collusion or complicity to violate the tenets of the Constitution, this concept of control becomes moot. Members can be impeached and removed from office for ‘High Crimes and Misdemeanors.’ But again, this is a function of Congress and if Congress is part in parcel with the Constitutional deception this method of enforcement is also found lacking. Just look at how many times it has been used; very few. The ballot box has proved to be a very ineffective method of correcting specific breaches of Constitutional authority. Changes occur very slowly and incrementally as a result of elections and laws once passed or programs once established are rarely, if ever reversed or overturned. Clearly it seems to me that the Framers doubted that any public servant would dare to blatantly disobey the Constitution. They had just fought and won a bloody war to throw off the yoke of a tyrant and establish this new nation by virtue of writing and ratifying the Constitution. They could not foresee that anyone called to serve would have disdain and disregard for the almost sacred document. As a result they must not have presumed a need for strict enforcement and punishment language to be included. The stature of the document would enforce itself they may have believed. For some time, the next generation or two it probably did. Sadly, that is not the case today. I believe that if we are to return the Constitution to its rightful place as the ‘Supreme Law of the Land,’ that task falls upon the States, the original authors. State governments, perhaps acting through an Article V Constitutional Convention must assert their power over the rogue federal government and right the ship before it is hopelessly swamped. I don’t come to this assertion lightly or quickly for I know the inherit dangers of a Constitutional Convention. But I believe that our nation with the current administration has reached a pivotal crossroad necessitating this drastic course of action. The very Constitutional foundation of our Republic and the preservation of freedom and liberty for future generations are at stake. These are desperate and dangerous times and thus demands swift, bold and decisive action. Men of courage must come forth if we are to preserve the nation that we inherited and pass it on intact, strong and free to our children and their children. Time is short.