Two Roads Diverged...

Several weeks ago Walter Williams remarked while guest-hosting Rush’s show that perhaps it is time to admit that this nation will no longer continue the charade of abiding by the Constitution and simply proclaim that it is null and void. After all, the federal government by its very actions declares that fact every day. Williams pointed out that much, if not most of what the federal government does and spends has no legal basis in any clause of the Constitution. And while the Supreme Court has given the feds the appearance of legal cover on many occasions, no action of the Court has the authority to amend the original text. In short, many of the Courts rulings are simply wrong, either by intention or accident. After all, members of the court are just people, subject to the same personal and political vagaries as the most partisan politician.

What is the Constitution after all? Well, only the document written by the founding states which created the federal government to serve their few collective needs and defined the powers and limits within which it must operate. The states ceded power and authority in those few areas, but retained the final oversight, which is amendment. Power flows from the states to the feds on the states’ terms, not vice versa. That which the states give the states can take back. The drafters never imagined that the federal government would dictate terms to the states and to the people. But just in case they included the 10th Amendment. You know, the one the feds pretend does not exist while it actually does, all the while finding new rights and powers which don’t actually exist but the feds pretend they do via the ‘doctrine’ of penumbras and emanations. A living, evolving document if you will. Poppycock!

Federal officers and officials and judges love to cherry pick the Constitution, abiding by those parts that they like (such as extracting taxes and spending money), while conveniently ignoring the more troublesome parts, like the whole religious freedom thing or the part about the people bearing arms. The trouble with this approach is that the Constitution is like pregnancy. Well, not exactly like it but in one important aspect it is, i.e. a woman can’t be a little bit pregnant. Either she is or she isn’t. Similarly (stay with me), the Constitution is an all or none proposition. It must either be accepted and followed in toto or not at all. To accept anything less is lawlessness which leads to anarchy. In another way it is like the relationship between the Holy Bible, Christianity and Christians. The Bible is God’s written covenant between Himself and His people. For a Christian to ignore or disobey some parts while accepting and following others begs the question of whether that individual is truly a Christian. Can you truly be a Christian if you reject part of God’s Word? Likewise, can this nation truly call itself a lawful constitutional republic if it rejects parts of its foundational law? ‘No’ anyone?
If the nation collectively disagrees with a portion of the Constitution or if times have changed to the point of requiring modification, that is available through amendment. But only through amendment. Unilateral decisions by presidents or Congresses or Supreme Courts cannot and must not be permitted to change the fabric of the document. That is nothing more than rule by fiat, by decree, by the whims of men. And that is disaster. The beauty of our Constitution is its protection of the rights of the minority from the whims of the majority. The ruling majority cannot simply ride roughshod over the lives of those not in power. They cannot trample the God-given birthright of those they disagree with. But, if they are permitted to freely trample the Constitution at will then there is no hedge of protection otherwise available to those standing in their path of destruction. At that point we cease being the United States of (or in, as they used to say) America and have become a Unified State of America, where all power is vested in one federal government which alone dictates the scope of its power and authority. The rights of the citizens are not recognized as deriving from their God, but rather from their government. And what the government gives it can take back. The states have no power, if they even exist in more than name only. The people have no recourse, no ability to petition the government with their grievances for a just redress. Eventually anarchy and tyranny will rule the day. We will have sunk to the basest expression of human depravity. Perhaps, just maybe the drafters knew this about human nature and set about to write a document which took that into account. The document works as long as we all agree to abide by the complete, unaltered manuscript. We must also understand and teach our children that what the Constitution provides for is not pure, unfettered democracy which sounds good to the untrained ear but always leads to tyranny of the majority over the minority; but rather a republic, with democratically elected representatives, and with a Supreme Law that protects the God-given rights of the smallest minority among us. We must elect and appoint and hire people to all levels of government that have a strong sense of morality and ethics and the rule of law, who will respect every dotted-i and crossed-t of the Constitution if there is any hope for the survival of our republic. George Washington understood this when he said that “Religion and morality are the essential pillars of civil society.”

So how about it, is it time to throw in the towel and relegate the Constitution to a resting place in the National Archives? Is it too late to be saved? Can we find enough like-minded people to pool our resources and martial our strengths for one last great hurrah?! Time will tell, in very short order.

How about it Mr. Franklin, have we kept the Republic you gave us? Furthermore, can we keep it?

I pray to God that we can and will.