Wednesday, February 27, 2013

Constitutional Eulogy



Constitutional Eulogy
Charlie Earl

Can you name one original constitutional provision or any of the first ten amendments that the federal government has not violated? Go ahead think about it or “google it.” Count on your fingers, use your toes and make your best guess. As you know, we have various classes of crimes listed in our federal, state and local criminal codes. Basically they fall into two major categories: misdemeanors and felonies. So…how severe should be the penalty for violating the supreme law of the land? What purpose is there for writing law and promoting the rule of law if the “lawmakers” cavalierly ignore the law without suffering penalties? The disparity between how the elites regard the law versus the expectations for the common citizens is stark. An inoperable tail light can result in a greater penalty than overtly violating the Constitution of the United States.

As a Libertarian candidate for statewide office in 2010, I was frequently told by voters that my philosophy and my party were too prone to anarchy. The common understanding of anarchy is that a structure of laws and behaviors does not exist in society. If my critics truly believed their criticisms of my philosophy were valid, how can they countenance the anarchic behavior of our elected, appointed and bureaucratic “masters?” What good is law if it can be arbitrarily ignored by anyone…especially the lawgivers and enforcers? We are compelled to accept anarchy by the elites while the populace lives under tyranny’s thumb. In my view anarchy for all is better than tyranny for most.

Although the Executive and Legislative branches flaunt their constitutional restrictions on a daily basis, the courts provided them with the tools for justifying their disobedience. Just as the statist/progressive agenda has slithered into our society and political body, so too has it subverted the courts. I am not an attorney, nor do I play one on television…..and I did not stay in a Holiday Inn Express last night. There have been numerous landmark cases the Supreme Court of the United States (SCOTUS) has decided throughout our history. Each of these in some way left an enduring mark on our nation, our society and our federal contract. One such decision which has generally escaped notice in the popular literature was “Chung Fook v. White, 264 U.S. 443 (1924). I urge you to read a summary if you have the time, but the essence of the SCOTUS decision was that the intent of a law was more important than its text. In other words…the precedent established by Fook gave justices the power to determine the social goal or intent of a law versus the actual language of the legislation. The wizards of our social conscience and contract wear black robes.

Words have meanings unless they do not. Laws have purposes unless they’re altered by the courts or Executive orders. Legislation has goals unless it is written so vaguely that the bureaucracy has carte blanche to implement it any way they choose. The bottom line is that because of legislative imprecision, executive overreaching and judicial mental gymnastics we are a nation governed by legal anarchists. Our written foundation, The Constitution of the United States, and other supporting documents have been sacrificed on the altar of “feel good” wizardry. The people are compelled to obey a vast array of rules, laws and regulations while the lawgivers engage in chaotic anarchy. The rule of law has been suspended “for our own good.”

There is a glimmer of hope. Anarchy is not a default position for most of us. We seek order and stability, but we do desire individual liberty and personal decision-making. At some point (coming sooner rather than later, I suspect) citizens will resist the capriciousness of our national leadership and their pompous proclamations. Some will go on with their lives by ignoring the braying of Big Brother. Others will fight back within the system by trying to change laws and policy. A third subset may actively seek to undermine the insane and grossly unrealistic command structure of the nation. Whatever happens, it will be disruptive or we will succumb to whimsical tyranny. We are governed by a bevy of three-year-olds who arbitrarily choose which laws they will obey. Maybe it’s time to introduce them to the Law of Gravity and watch them fall.   

Charlie Earl

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