By ilana mercer
Republicans have revealed that the Foreign Intelligence Surveillance Court (FISC) treats Americans not as citizens, but as subjects to spy on. I’d expect nothing less from a Court created and perpetuated by George W. Bush and his Republicans.
But, what do you know? Following Barack Obama’s lead, President Donald Trump and his Republicans have renewed FISA Section 702, which, in fact, has facilitated the usurpations the same representatives are currently denouncing.
Also in contravention of a quaint constitutional relic called the Fourth Amendment is Special Counsel Robert Mueller. Mueller has taken possession of “many tens of thousands of emails from President Donald Trump’s transition team.” There is no limit, seemingly, to the power of the special counsel.
Look, we’re living in a post-Constitutional America. Complaints about the damage done to our “democracy” by outsiders are worse than silly. Such damage pales compared to what we Americans have done to a compact rooted in the consent of the governed and the drastically limited and delimited powers of those who govern.
In other words, a republic. Ours was never a country conceived as a democracy.
To arrive at a democracy, we Americans destroyed a republic.
The destruction is on display daily.
Pray tell where-oh-where in the US Constitution does it say that anyone crossing over into the US may demand and get an abortion? But apparently, this is settled law—a universally upheld right, irrespective of whose property and territory it impinges.
The only aspect our clodhopper media—left and right—deign to debate in such abortion-tourism cases is the interloper’s global reproductive rights. So, if abortion is a service Americans must render to the world, why not the right to a colonoscopy or a facelift?
Cannabis: The reason it’s not in the Constitution is because letting states and individuals decide is in the Constitution. That thing of beauty is called the Tenth Amendment:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
That’s right. In American federalism, the rights of the individual were meant to be secured through strict limits imposed on the power of the central government by a Bill of Rights and the division of authority between autonomous states and a federal government. Yet on cannabis, the meager constitutional devolution of power away from the Federales and to states and individuals Republicans have reversed. Some are even prattling about a constitutional cannabis amendment, as if there’s a need for further “constitutional” centralization of authority.
After 230 years of just such “constitutional” consolidation, it’s safe to say that the original Constitution is a dead letter; that the natural- and common law traditions, once lodestars for lawmakers, have been buried under the rubble of legislation and statute that would fill an entire building floor. However much one shovels the muck of lawmaking aside, natural justice and the Founders’ original intent remain buried too deep to exhume.
Consider: America’s Constitution makers bequeathed a central government of delegated and enumerated powers. The Constitution gives Congress only some eighteen specific legislative powers. Nowhere among these powers is Social Security, civil rights (predicated as they are on grotesque violations of property rights), Medicare, Medicaid, and the elaborate public works sprung from the General Welfare and Interstate Commerce Clauses.
The welfare clause stipulates that “Congress will have the power … to provide for the general welfare.” And even though the general clause is followed by a detailed enumeration of the limited powers so delegated; our overlords, over decades of dirigisme, have taken Article I, Section 8 to mean that government can pick The People’s pockets for any perceivable purpose and project. Witness a judiciary of scurrilous statists that had even found in the Constitution a mandate to compel commerce by forcing individual Americans to purchase health insurance on pains of a fine, an act of force President Trump has mercifully repealed.
So you see, Rachel Maddow, it’s not the Republicans who’ve ruined our system. Sean Hannity, it’s not the Democrats. It’s not even “the Russians.”
At root, they all did. It happened over time and is a fait accompli. The reality today is that there’s simply no warrant in the Constitution for most of what the Federal Frankenstein does.
Ilana Mercer has been writing a weekly, paleolibertarian column since 1999. She is the author of “The Trump Revolution: The Donald’s Creative Destruction Deconstructed” (June, 2016) & “Into the Cannibal’s Pot: Lessons for America From Post-Apartheid South Africa” (2011). She’s on Twitter, Facebook, Gab & YouTube.