Enemies of the Constitution
Relentless pursuit of the truth – www.cinopsbegone.com – Monday, November 21, 2011
Again thanks to Claremont Institute’s booklet, 2004 - “The Rise and Fall of Constitutional Government in America” by Thomas G. West and Douglas A. Jeffrey for the following information.
“The framers of the Constitution designed American government to protect equal rights. A written Constitution, separation of powers, federalism and various public supports to morality were means to facilitate this goal. But as we have seen, over the past century, the goal of government has increasingly shifted to producing an equality of condition. Given this goal, one would expect new government arrangements and practices to follow. This occurred, resulting in the new welfare state.
“Constitutionalism Derailed: Institutions Transformed: As a matter of logic, the denial of human nature and rejection of natural rights undercut the very idea of constitutionalism – “the idea enshrined in the American founding by the existence of fundamental written law.” The purpose of constitutionalism is to limit the ordinary operation of government in order to protect equal rights.
“It becomes an impediment when the government seeks to subvert equal rights in the pursuit of other ends. As Woodrow Wilson put it: “Living political constitutions must be Darwinian in structure and practice.” They must be open to constant reinterpretation to allow government wide scope to accomplish its evolving goals. “Limited government, the legacy of the Founders, must be transformed into unlimited government.” As a practical matter, the separation of powers, the cornerstone of the Framers’ Constitution, has been effectively dismantled since the late 1960’s.
“Judiciary: … The job of the courts was to take the laws passed by Congress and the fundamental law of the Constitution and apply them to particular cases in which one party claims that another has done wrong. In the words of Chief Justice John Marshall, they were to be “servants of the law.” Under today’s “living constitution” the courts have taken on a new role of participating actively in the formation of public policy, in effect giving themselves a legislative and executive role.
“An example of legislating based on a pretense of interpreting the Constitution is Roe v. Wade; in 1973 Supreme Court decision striking down state laws restricting abortions. The justices clearly knew that there is not a right to abortion in the Constitution. They just did not care. “As Justice William Brennan said in 1986, the Framers’ Constitution belongs to a “world that is dead and gone,” and therefore their “values” do not apply to our world.” [FYI – William Brennan was a “Catholic-in-name only Person” and got away with murder.] … most judges care little about the original meaning of the Constitution in their constitutional jurisprudence…
“Examples of courts executing the law are takeovers by federal judges of local school districts (to implement busing to achieve racial balance) and state prison systems (to give prisoners more pleasant conditions)… In short, the courts no longer adjudicate the law, but legislate based on personal beliefs. The President no longer executes the law, but finds his powers reduced by a bureaucracy beyond his control. The Congress still makes laws, but decreasingly deliberates and increasingly administers…” George H. Kubeck