The following essay was published July 18, 2014. It is still relevant and so I am republishing it in this blog. The only difference from then till today is that things have worsened as predicted and while the Convention of States effort has been slower that expected, the Compact For America effort, while more narrowly defined, has made progress with state’s legislatures. Now the essay.
The Radical Transformation of America; what can we do?
An essay by Ken Moyes
Amateur Constitutionalist – Student of History
July 18, 2014
Recently, I found myself alone at home and thinking about what has happened to our country, our Constitution, and soon our way of life. I fell into a depressed funk and became teary eyed. Color me sentimental, if you will, but we have lost the greatest form of governance ever created or have we?
Maybe we can recover this eighteenth century gift to the world. This new form of governance was built on man’s rights emanating from God, supporting free markets, and the opportunity for anyone to succeed, even a black man from a broken home, who currently is President of these United States.
Consider that a republic, made up of three equal branches; and sovereign states, which taken as a whole are equal to and even superior to the three branches, was formed in the late eighteenth century, by what had to be divinely guided men. This totally new form of government was delicately built to be horizontal and vertical. The vertical was the balance between the central government and the states, while the horizontal was the balance brought about by separation of powers and checks and balances among the three distinct branches. The Constitution of the United States, when it was written, had to be a gift from God, for without divine intervention man could not have created such an incredibly noble and profound document. In an effort to insure that government is subservient to the people, the founders built in controls to limit a federal government to the minimum needs of the states and the people.
Unfortunately, our originally constituted federal government, functioning at the behest of member sovereign states, is no more. Remember, the states created the federal government to make the union of the states stronger, but not to degrade the power of the states. Today, the federal government driven by progressive socialists is out of control and threatening to make the states irrelevant and to seize control of individual liberty.
What happened? Has there been a military coup d’état; a civil war; or a citizen forced overthrow of the federal government? No, we just allowed it to be hijacked – yes, we were simply ignorant and unaware as a people of what we had and we simply abandoned the finest free market, individual liberty form of government in the history of mankind. We were in search of “What can the government give me?” We were in search of the “free lunch”. Even though we were told by Milton Freedman, Nobel Prize winner in economics, that there is no free lunch – everything has a cost; we allowed the devilishly sinister forces of the formerly covert progressives to not so stealthily separate us from the finest, yet admittedly flawed, form of government ever in world history.
What makes this separation even more disturbing is that these progressives are not moving us to a new, better form of governance; instead they are moving us to a form of governance, socialism based, that has repeatedly failed its people. You see socialism / communism, or whatever ism you wish to call it, is never for the people, never of the people, and certainly never by the people.
It is of, for, and by a ruling class. In this case it is powered by a small group of very rich, godless people who simply seek the power derived from being the ruling class. Yes, there are forces outside of and beyond our President. These are forces that used money and power to fill, not only the presidency, but also via the 2008 election just about every congressional committee chair with a progressive socialist.
How did our well balanced republican form of government change without a constitutional convention or an even amendment? We did have a government with three branches and limited powers. We did have checks and balances. We did have the states as the ultimate power. Yet, it has changed! How did these forces of progressive socialism manage to steal our government?
First we should look at what we have lost. Our federal government was formed by sovereign states who agreed to cede only eighteen of their powers to create a federal union of the states. This is found in Article 1, Section 8 of the Constitution – it is not 2,000 pages, so you can read or re-read it tonight. It is a surprisingly interesting read. This creation of a central government uniting sovereign states for self-protection and to improve the free market capability of each state was accomplished with a very delicate, almost perfect balance between states’ sovereignty and a union of the states. The union made the states stronger as a whole and the very limited governance granted the union (our federal government) allowed the states and the citizens of these states to be different, independent, and to seek life, liberty, and the pursuit of happiness.
Over time, mostly starting at the beginning of the twentieth century, a movement called progressivism took a foothold in the United States. What is a progressive and what do they stand for? Well they are a diverse group with differing goals and they stand for somewhat differing ideals. Yet, they all have one thing in common. They truly believe that the masses are ignorant and that only they know how you should live and generally sustain. If they weren’t so driven and so ideological about what they believe; they simply would be obnoxious.
They believe that they and only they can govern, manage the economy, and use central planning to force you into the mold they are creating for you. They also believe that the end game justifies any means of obtaining what they seek. Thus, there are no rules to be broken. If they must smear and libel to achieve a milestone, then so be it. They will publish, do, or say anything to move the masses in their desired direction.
They saw our Constitution as a very serious impediment to their efforts. They knew that this nearly perfect guide for governance was a fortress against sudden change, thus a direct assault could not be achieved. Rather, an indirect long term approach was needed. First they had to infiltrate higher education, because this is where our future teachers come from. Once you influence our teachers, you can change history to shape their goals – chalk up this infiltration as complete. Next you need to steer public opinion.
Use higher education to influence our journalists. Once you have journalists influenced, you can manage the news and its messages. This progressive coup has been done silently, with the aid of the media – true journalists are no more. Today’s journalists have been taught to use journalism for social change and social justice. A stated goal of journalists is to improve the human condition (International Center for Journalists) and to free humanity (Independent Media Center), not simply to report fact and let you decide. Improving the human condition means the journalist often has a built in conflict between the facts and their personal view of the human condition.
Thus you cannot trust what is printed or broadcast. So when a radical change in your form of government occurs, you are not told, if the journalist agrees with the radical change, if they believe it aids the human condition.
Use higher education to influence new young lawyers, and now you can infiltrate the courts and the judiciary over time. The law is simply the minor leagues for the judiciary. Influential progressive run law schools instituted “precedent” as the key means of changing law including the highest law in the land, the Constitution. The Supreme Court even considers Constitutional precedent, known as “Stare Decisis”. This is Latin which means to let stand what was decided, thus a bad decision of the Court or a decision by progressive Jurists on the Court intended to change or weaken the Constitution, is not changed, but rather perpetuated and built upon.
Drip by drip – progressive Jurists have been illegally changing the Constitution.
Federalist 42 is an essay written by James Madison, the author of the Constitution’s Commerce Clause, wherein he defines the intent and purpose of the clause, yet despite a clear and exacting definition of the clause from its author, progressive Jurists have provided a wholly different meaning – a meaning that ignores the author’s meaning and unconstitutionally radically empowers and grows the central government. This new definition has allowed for the usurping of the delicate vertical balance between the states and the federal government, now making the states subordinate to the federal government. How and why did we let this happen? Let me explain.
As part of that delicate vertical balance between the states and the federal government, the states retained control over the federal government by sending representatives to the Senate. The founders set up this vertical balance between the states and the federal government to include the Senate as the House of Congress that represented the states’ interests. Senators were sent to Congress by the states’ legislatures as their representative or ambassadors. This retained limited control by the states over foreign affairs and the staffing of the federal government.
The progressives, using Randolph Hurst’s national media empire, whipped up populism and created a ground swell for the seventeenth amendment and the direct vote of Senators by the people. This removed the states’ control over the decisions in the Senate. The Senate was now set up to be complicit in the shift of power from the Congress to the Executive Branch. With the 1913 seventeenth amendment, the progressive agenda of destroying the vertical balance between the states and the federal government was now complete.
The next stop for the progressives was to destroy the horizontal balance and the separation of powers among the branches of the federal government. Starting in 2009 and for two years, the progressive socialists chairing just about every committee in both the Senate and the House of Representatives, along with the progressive socialist leadership of Nancy Pelosi in the House and Harry Reid in the Senate passed massive nation changing health care and financial regulation bills, which were neither about health care nor financial regulation.
These bills, combined, expand the power of numerous Executive Branch agencies and also create a new federal agency. They all have been given the power to “legislate, accuse, and adjudicate punishment and penalties” under the power of law. Congress has abdicated its constitutional power to the Executive Branch, thus shattering the balance of power. These new and expanded Executive Branch agencies are empowered to write thousands or more unchecked regulations, coming from the Executive Branch and not Congress.
Essentially the progressives in Congress just transferred, by law, their Constitutional legislative authority to the Executive Branch – the President of the United States. The Executive Branch now has the capability of writing law and selectively enforcing existing law to control the future of this nation. The horizontal balance brought about by the separation of powers and the checks and balances among the branches of the federal government are gone. The vertical check on the federal government by the states is gone.
The Executive Branch is now able to control all aspects of our financial transactions, capital markets, and our health. As was the goal, the Executive Branch grew more powerful into 2012 and today in 2014; the President unilaterally writes new law and repeals existing law. The Executive Branch can now penalize one of more businesses or industries and break companies or individuals it considers a threat to our economy, our industry, or more specifically the Executive Branch, without due process. We even fully expect the Executive Branch’s Justice Department of progressives, with whom the end justifies the means, to investigate their fellow progressives!
As the new unitary progressive central government grows, what is left of our individual liberty will continue to shrivel until it is gone.
The progressives will now pick up the pace on their march to move us to failed socialism for the sake of power. The Executive Branch can and will engineer events that will continue to move our economy toward total collapse and thus with a groundswell of despair from suffering citizens, the public will readily accept a totalitarian government’s help and an abandonment of what remains of the Constitution. This will be the end game of the progressives and it is around the corner. Take note of the immigration and foreign affairs debacles. Take note of the use of the IRS as a political weapon; take note of the multiple cover-ups and stonewalling of the nefarious other deeds of the Executive Branch. Take note of our new national police force, which is not supposed to exist, with just about every Executive Branch agency becoming heavily armed. Most alarmingly, take note of our new unitary Executive Branch form of governance.
Does the Constitution allow the President to make law and repeal law or does it require him to enforce laws enacted of Congress?
Can we retake that delicate balance and reestablish the limited federal government intended by the founders? Yes, but it won’t be easy.
Can we do it at the ballot box? Not likely, as the media is one of the primary causes of our demise. Currently, if you elect all non-progressives to Congress – they are in both parties – they still cannot repeal the new powers afforded the federal government, as long as progressives hold the White House and only one third of the Senate is up for reelection at the end of each session.
A two-thirds override of a Presidential veto is not possible.
Can we do it in the courts? Not likely, as the lower court jurists remain progressive and these federal judges are appointed for life. These federal judges, mostly progressive, have been legislating from the bench for almost forty years now. Here is a good question. Since the Constitution requires the Supreme Court to be the court of original jurisdiction for matters concerning the States, why are our States relegated to a two to three year process starting in federal district court, before the Supreme Court will hear the case?
Why is there no immediate redress for the once sovereign states? I know the answer of how this came about, but this story is for another essay.
Can we do it with amendments or laws originating in Congress? Not likely, as too many of the members of the Senate and the House are now, if not progressive, beholden to a mammoth unitary federal government and you may never see a two thirds majority needed to pass a proposed Amendment to correct this apparently desired lack of balance for referral to the respective States for ratification – simply put there is no and will never be any interest in amending the Constitution to reel in the federal government, by itself.
Remember, when our President announced in a State of the union speech that he intended to go around Congress and legislate from the Oval Office (not a quote), a little more than half of the joint assemblage in the chamber stood and cheered vociferously. More than half of the members of Congress were openly advocating a unitary executive and the dissolution of Congress.
What is left? Well, armed uprising and civil unrest remain, but the progressives are waiting and hoping for this so they can deliver a final death blow to our free market and individual liberty.
Have you noticed that the Executive Branch keeps poking the bear? This would be the opportunity to crush the Constitution forever and it would collapse the dollar internationally. Armed uprising is the poorest of all answers and should not be considered. I refer you to “DOD Directive (#1404.10) a Civilian Expeditionary Workforce or the president’s Executive Order on National Defense Resources Preparedness (http://www.whitehouse.gov/the-pressoffice/2012/03/16/executive-order-national-defense-resources-preparedness).
We do have one last resort to remake and retake our well-intended and superbly planned form of governance. Since the states were cut out of that vertical balance by a constitutional amendment – the seventeenth, the states can still call for a convention of states or as the Constitution puts it “… on the Application of the legislatures of two thirds of the several states, (Congress) SHALL call a convention for proposing Amendments…” This clause was not an afterthought. The state’s clause was the only method to amend until, at the last minute, Congress, was added as an alternate means to propose Amendments. This fact is in the notes and minutes of the Constitutional Convention taken by James Madison. These original source notes are a good read to learn what was intended by the founders.
When the Constitution was first ratified, the states gave the central federal government its power and they can reel it in and modify. They can create a fixed federal government using the original constitution as the basis for the form of governance. They can reset the federal government, fixing it by using well-crafted Amendments. The seventeenth amendment can be replaced with a nullification amendment. Nullification deserves an essay until itself – another time. In addition, the commerce clause can be strictly defined, term limits for Representatives and Senators can be established. In essence, progressives can be neutered.
The Achilles Heel of the progressives is the combined power of the states, for without the states there is no central government. Thirty-four states would need to request the convention and thirty-eight would have to ratify. States and legislators interested in regaining their state sovereignty might want to take heed.
Remember, progressives exist in state government, as well, but they have not as yet fully taken over the state’s Constitutions, or their legislatures. The focus of the progressives for one hundred years has been targeting the federal government and the United States Constitution – not the power and people of the states. The people of the respective states will have more power to influence state legislators than the federal legislators, because the state legislators are closer to the people.
The now lopsidedly powerful runaway central federal government is nothing without the states and the people, just as a king is not powerful without lords and subjects. The progressives failed to consider that what the states started the states can correct. The states can reset everything; because we now know the progressive’s plan.
State legislators stand on both sides of this issue and in the middle. However; the people can move this legislative mass toward an Article V Convention for Proposing Amendments. If not, then we will not recognize this nation going forward – loss of liberty, loss of free markets, loss of jobs, loss of self-preservation in the world – need I go on.
This essay was on point then and events out of the executive branch make it more prescient today. Head the events, the direction of our nation, and act before it is too late.