You’ve seen U.S. Senators brandishing the little booklet, like some octogenarian Red Guards. After several years of trying, the late Sen. Richard Byrd (D-Va.) got a law passed creating a new Federal holiday and mandating a special curriculum for all public schools in the United States to mark the birthday of the document.
The law establishes Sept. 17 as U.S. Constitution Day and requires all schools receiving Federal funds and all Federal agencies to provide materials about the Constitution. Or rather, to study what the ruling political class promotes as their interpretation of the U.S. Constitution.
Fortunately, the law has no enforcement power, nor does it allocate any money for the project. Libertarians nevertheless point out the law itself is unconstitutional, since no where in the Constitution is Congress given the authority to mandate school curriculum.
“There’s irony in using an unconstitutional measure to promote Constitution Day,” said Roger Pilon, vice president for legal affairs at the Cato Institute, a libertarian think tank in Washington.
Jacob G. Hornberger, founder and president of Future of Freedom Foundation, writes what I have been thinking:
It is so amusing to see mainstream commentators condemning Egypt’s president, Mohamed Morsi, for assuming dictatorial powers. Their critiques are well-taken … But what’s amusing about the mainstreamers is how they can so quickly identify and condemn dictatorial conduct on the part of foreign rulers but maintain an absolutely obsequious blind spot when it comes to the dictatorial actions by their own ruler.
Morsi, so far, has only talked about suspending the rule of law. American presidents, including George W. Bush and Barack H. Obama, have already done it, torturing and murdering even American citizens. To our shame, there have been no demonstrations and they were both re-elected.
“Democracy” isn’t worth a damn if there is no rule of law, if we merely get to “choose” which dictator will rule us.
An elective despotism was not the government we fought for. – Thomas Jefferson
“Our rights come from the Constitution of the United States of America.”
This is a quote from a letter-to-the-editor that appears in today’s News & Observer. My first reaction was, “Incredible, but not surprising.” The first thing I though of was that this statement was direct evidence of successful of the indoctrination by the taxpayer-funded, government-controlled educating system (otherwise known as public schools).
The only thing unusual about the letter was that the writer stated the view so directly and clearly. Because this is exactly what the ruling elites who control and run the Democratic and Republican parties believe. Individual rights do not exist, except by the magnanimous and benevolent grant from government – the State.
America’s Founding Fathers had an entirely different view, of course, but anyone today who actually believes the “self-evident” truths that all people are “endowed by their Creator with certain unalienable rights” is “scary” in the writers view.
There’s no clearer example of how Congressional dereliction of than its failure to pass a federal budget in more than three years. The recently brokered deal between the Democratic Senate majority leader and the House Republican Speaker to fund government with a continuing resolution until Oct. 1, conveniently bypassing the November election, is a depressing attempt to cover-up their negligence.
This is not gridlock. It is not hyper-partisanship. It is blatant irresponsibility. Approving the budget is one of the most fundamental duties of Congress.
If the president acts above the rule of law and fights his own wars, and Congress Acts below it by letting him get away with it, what can we do about it, asks Judge Andrew Napolitano in an op ed “Rule of law provides equal protection.”
The answer is simple: Vote Libertarian. And if you can’t do that, write in a name (even though it won’t be counted) … or don’t vote at all.
“The rule of law is a three legged stool on which freedom sits,” Judge Napolitano writes. The first leg requires laws be enacted publicly, by legitimate authority, in advance of the behavior they’re supposed to regulate, and must be designed to defend individual freedom.
The second leg holds that no one is above the law, and no one is beneath it.
The third leg requires that laws can only be enacted by fundamental structures that can’t be changed arbitrarily, capriciously, or quickly, even by an overwhelming majority.
Remove or weaken any of these legs, and the stool collapses. That appears to be what is happening today:
In our era, the violations of the rule of law have become most troublesome when the government breaks its own laws. Prosecute Roger Clemens for lying to Congress? What about all the lies Congress tells? Prosecute John Edwards for cheating? What about all the cheating in Congress when it enacts laws it hasn’t read? Bring the troops home from the Middle East? What about all the innocents killed secretly by the president using CIA drones? Can’t find a way to justify Obamacare under the Constitution? Why not call it what its proponents insisted it isn’t — a tax?
“What kind of politicians complain about truthful revelations of unconstitutional behavior by the government, but not about death and destruction, and, let’s face it, criminal abuse of power by the president? Only cynical power-hungry politicians who have disdain for the Constitution they have sworn to uphold could do this with a straight face.” – Judge Andrew Napolitano
Sadly, the answer to the judge’s question is simple most, if not all, Democratic and Republican politicians. Rather than investigating the “leaks,” Congress should be investigating President Obama’s “kill list” and his acts of war against other nations.