Our
nation and our world are swirling in the chaos of seemingly
innumerable scandals and emergencies. From the bombing of Iran, last
year and next week? Tomorrow?, to the gargantuan fraud scandals that
are just emerging, to ICE round ups, to the deportation of criminals
and terrorists, to the deportation of upstanding family builders, to
whatever the US is doing in Greenland, to Gaza, to Ukraine, to Iran's
revolution, to what we just did in Venezuela, to American citizens
being shot for demonstrating/ obstructing law enforcement, and a lot
more issues that limited space doesn't allow to be mentioned here.
In
all of these we find ourselves involved in passionate controversy.
The worst part is that even though we have all this information
technology at our fingertips, the truth, or at least the truth we can
agree on, is almost impossible to find. Because of that we are in a
time of deep and worsening division.
Here
in America, the division is so stark that many are calling for a
national divorce, or some kind of chaotic change in government. It
is all so unnecessary because if we take the time to look at the
situation with an honest eye, we can see a way to unity and national
revival. However, if we do look at it with an honest eye, we will
see that those on both the left and the right, Democrat and
Republican, have been bamboozled. We have bought into some massive
lies, lies which are going to destroy our nation if we don't reject
them.
The
attack on Venezuela of January 2, 2026 has raised questions about
those lies; about our government, and how our Constitution is to be
used. The response has been, besides the global celebration of
Venezuelans, to object that President Trump should have gained
congressional authorization prior to launching an attack. The first
counter response is to warn that many in congress can't be trusted to
keep such an operation secret, and so the President was justified in
going it alone. Both sides of this argument, and the deeper
arguments which follow, have some merit. We will focus on them now,
because they reveal how all the whole raft of divisive issues are
connected..
The
legal issues come down to two clauses in Article 1, section 8 of the
Constitution, wherein Congress is given specific powers. In clause
11, Congress is given the power to declare war. Those on the left say
that Trump should have been bound by this clause, and that Congress
should have declared war before he launched the operation to arrest
Maduro. Those on the right say President Trump, as commander in
chief, has the power to conduct legal and small scale operations on
his own say so. What's more, they have a lot of legal precedents to
back them on this, among which are American “gun boat” diplomacy
of the late 1800's, Clinton's bombing of Bosnia, Obama's droning of
multiple human targets, and the overthrow of Qaddafi in Libya.
With
all those undeclared precedents in mind, take another look at that
congressional power to declare war. That power was last exercised
properly at the beginning of World War II. Since then it has been
violated on a regular basis by both Republican and Democrat
administrations. Korea and Vietnam are glaring examples, but even
the wars in Iraq and Afghanistan, with their Authorizations of the
use of Military Force, fell far short of having proper declarations
of war, even though war was definitely conducted in those nations.
So squawking loudly about how Trump's actions are an unprecedented
violation of the Constitution misses the real point.
The
real point is that both sides are wrong, because all those
unauthorized actions should be challenged for another reason, The
more pertinent clause of section 8 that should guide us is clause
10, just prior to clause 11, which says, “The Congress shall have
power: To define and punish piracies and felonies committed on the
high seas and offenses against the law of nations.” That clause
obviously covers piracy, trafficking in both narcotics and humans,
and international terrorism. It does not, however, give the
President Cart Blanche, but rather gives to Congress the all
important power of definition. So when the subject comes up that one
man's terrorist is another man's freedom fighter, it is the Congress,
not the President, who is to make that call.
The
way it could, and should, work is that Congress should debate the
issues of foreign governments and organizations that threaten our
national security. If the threat is dire enough, war should be
declared. If the threat is low level, but still a threat, Congress
should define who is really the bad guy, and how they should be
punished. The President should then be authorized to carry out any
punishment the Congress decrees. While the debate would be in public,
any operational details, such as specific targets, timing and etc
could be kept secret. That way, the enemy would not know when or how
we are coming.
If
such debates were held in public, transparent for the most part to
the world, our adversaries would know that we are coming. Just
having the debate might work to change their behavior and prevent
war. What's more, once Congress did define some bad actor as a
terrorist, or some foreign government as a violator of the laws of
nations, the world would know that we, as a nation were united in our
resolve, and that we mean business.
The
big obstacle to our operating in that constitutional mode, and the
first point of this essay, is those same unfaithful legislators
mentioned earlier. Not trusting some legislators to keep national
secrets is a real concern, but the situation is worse than that. Some
congresspeople can't be trusted to seek the national good while
debating in congress. Some of them seem to be pursuing the interests
of other nations, or the dominance of some alien ideology.
Faithless
legislators greatly hobble our nation. Take, for an example, how we
should have dealt with Iran's growing nuclear capabilities. Even
though that nation was clearly in violation, for more than twenty
years, of the international treaty on nuclear non proliferation, we
couldn't, due to the unfaithful legislators, do any constitutional
thing about it. We should have used, Art 1, sec 8, clause 10, and
given standing authorization for the president to act, forcefully if
necessary, to prevent the terrorist regime in Tehran from acquiring
nuclear weapons. However, some faithless left wing congress people
would have vehemently opposed that, and due to the current hyper
partisan spirit in congress, the Democrats, in lock step fashion,
would have prevented that kind of constructive use of our
Constitution. With that authority in hand, Trump might not have ever
needed to bomb them.
Faithless
legislators like that should be restrained by the threat of losing
their seats in the next election. Too often, however, the unfaithful
congress people are representing the wishes of their constituents
back home. That then is the real crux of our problem, and one it is
high time we addressed. There are a lot of people, in a lot of
different groups, that don't really care for America to survive as a
free and self governing nation.
All
of those groups, left and right, singly and collectively, poison our
national debate about the law and the Constitution; what it means,
and how it should be used. For the most part, these groups use the
Constitution as a cynical tool to wreak national destruction. When
it suits their purpose, they embrace the most minuscule points,
applying wrong headed readings of it to current issues. When it
doesn't suit their purpose, they are happily capable of ignoring
wholesale constitutional violations. They thus render our
foundational national document into a kind of suicide pact, useful
only when it degrades the national well being.
This
latest incident in Venezuela shows that in action. Those on the
left, which now includes Globalists, Marxists and radical Moslems,
are deeply and touchingly concerned that every jot and tittle of
their Constitutional misreading be adhered to in this case. On the
other hand, when Clinton was bombing Bosnia, or Obama was droning
wedding parties in Afghanistan, not a peep was heard from them.
This
constitutional malfeasance is practiced by both left and right,
Democrats and Republicans. What's more, the worst examples of this
malfeasance are not minuscule, but extend to huge issues which touch
every aspect of national life.
On
the left, the biggest issue is how they ignore the fact that
President Franklin Roosevelt, FDR, effectively repealed the Tenth
Amendment in the 1930's. They will respond that the Supreme Court
approved it (even though the Court was politically coerced due to
FDR's court packing scheme), so in this case, the Court's word is
final. This is unlike the way they receive court rulings that favor
Donald Trump, such as SCOTUS approving his War Powers stance, or
supporting his programs to deport illegal aliens, or the overthrowing
of Roe v Wade. In those cases the court ruling is definitely up for
debate, and not final.
Things
aren't much different on the right. They might celebrate Trump's
court victories, but their own fealty to the Constitution is suspect,
especially when such doctrines as corporate personhood are
scrutinized. Yes, they can point to favorable court rulings which
support that odious doctrine, just as the left ignores the court
approved neutering of the Tenth Amendment. What they can't point to,
however, is where the doctrine of corporate personhood exists in the
Constitution, or how it conforms to the vision of government the
founders handed us.
Leaving
the legalistic wranglings around these issues for later, the point
remains that many in our nation use our Constitution as a kind of
suicide pact. Then the real problem, once again, comes down to these
faithless legislators, and the millions of our fellow citizens who
vote for them. Simply put, there are too many Americans these days
who are not sure that the United States of America is a good idea
anymore, or that it ever really was.
When
we see that as the real problem, the awkward misuse of the
Constitution makes sense. Far too many folks in this country have an
agenda other than truly working toward a more perfect union. Some
are out and out Marxist globalists (Progressives and Secular
fundamentalists). Some are religious zealots, ranging from
fundamentalist Moslems to Christian Nationalists, and some are
racists, of various stripes, that believe in their own racial group's
supremacy. All of them are deluded with the notion that America was
always and still is a flawed nation, not really worthy of continued
existence. They foolishly think that we should just let the republic
go; that anything would be better.
It is
easy enough to see why some, if not most, modern Americans have come
to doubt that this country should continue. From day one, we have
not lived up to our lofty ideals. It isn't that our system failed,
but rather that we failed our system. We claimed all men are created
equal, but we didn't extend equal rights to all men. At first we
kept those just for wealthy White men; and then, after some reforms,
to just White men; and then, after a brutal, probably inevitable war
to end slavery, nominally extended rights to all men, even Black men,
that were citizens. Then we eventually included Asians, Hispanics
and Native Americans, along with every ethnicity of women. So while
we began with great flaws, over time we have at least been trying to
perfect the union, to mend its' every flaw.
Along
the way, however, while we were distracted and not being informed
about it, we lost the essence of our original system. First, some
powerful interests got effective control of the free press, what is
today known as the media. Then, while we weren't looking or being
warned about it due to that corrupted media, those same elitist
interests (who never did want a nation dedicated to liberty and
justice for all) got the Supreme Court to declare that corporations
are persons. That really changed the basic structure of our
government, because the founders, with the intention of preventing
corporate monopolies, had set it up to where the states could
regulate corporations. After the court made that ruling in 1886,
states could no longer keep the corporations on the short leash of
community control. Interstate monopolies and trusts soon thereafter
(in the 1890's) came to dominate our national life. to the detriment
of us all.
After
that there were a couple of other massive changes to our system,
which even though they were done by constitutional amendments in the
19teens, worked to scuttle the original political dynamic initiated
by the founders. Those were the 16th
and 17th
Amendments, which established a federal tax directly on individuals,
and set up direct election of senators. The first erected a
horrifyingly unbalanced tax structure, making individuals answer, as
individuals, to a distant, all powerful, and unaccountable
government. The second muffled most of the voices of the states in
the halls of the national legislature. Those combined moves actually
reduced the influence that individuals could have on the federal
government just as they gave that same federal government the power
to insert itself into the most intimate details of our personal
lives. The Founders would have rolled over in their graves.
A
later unconstitutional usurpation of powers by the feds from the
states occurred under Franklin Roosevelt in the 1930's. During that
decade, and in response to what he termed a national crisis, FDR
moved many of the functions of government from the states and
localities to the federal government. He effectively, as stated
earlier, repealed the Tenth Amendment. Not only was that agenda
initiated in that decade, but since then, with LBJ's Great Society
and such, we have continued down that path, amalgamating almost all
powers of government at that same, federal, national level.
These
days almost all the functions of government, from education to
healthcare to welfare to infrastructure to jobs, business, and
environmental controls, functions which used to be under the
responsibility and power of local communities, have been taken over
by the federal government. It is then no wonder folks have come to
doubt the goodness of America. We haven't lived in America for a
long time, a much longer time than the lifespans of any still
breathing.. We have been in a different country, a false America,
for so long that the blessings, and the very feel, of liberty have
been lost to our hearts and minds.
Think
about how these changes (and there are others) explain so much of
what has gone wrong in our nation, and how the truth of this cuts in
all directions. A government which enables corporate excess and
monopolies has resulted in many of us hating and fearing capitalism.
That is a tragedy because the type of small scale, petite capitalism
the founders embraced, and empowered the states to regulate, served
the people well, and would not have led to these excesses.
Likewise,
big, over-centralized government has both taken from us control of
corporations, and created huge unaccountable bureaucracies which rule
over the minutia of our lives. This over-centralized government has
created a real dread of tyranny in the hearts of many. Ultimately,
those who of us dread corporate excess have been divided from and set
in battle against those of us who dread the ravages of big government
tyranny. Thus our great national division is driven by our elite
rulers.
Further,
and most importantly, taking the powers of self government from us in
our local communities has removed from us the greatest blessing of
liberty which the American system previously provided. That great
blessing is the kind of vibrant, involved citizenry that our system,
with powers and responsibilities held in local communities, was
intended to generate, and which it did generate until real liberty
was lost to us.
The
long term solution, not to get bogged down in specifics, is for us to
think small, in terms of both government and business. We must stop
thinking that big, central systems are the best, or only, way to go.
That
is the gist of the problem. We know, and don't much trust, those
around us. But then we turn around and place great trust in
strangers, people we don't know at all, who live at a great distance
and over whom we have no control. Why do we think such elites are
better people who can be trusted? It is a kind of blind idolatry
which we exercise toward both government and business elites, and it
serves us very poorly.
We
must regain the wisdom, the determination, that all government is
dangerous. With that determination, we must come to see that the
smaller and closer to the people a government is, the more likely we
are to be able to keep it under control. The same principle holds
true for business, smaller and decentralized is safer, more
accountable and generally better for us than bigger and more
centralized.
By
de-centralizing government, empowering local and state governments,
we will be able to de-centralize corporations. This would empower us
to put the corporate (and technological) beasts back on a healthy
short leash of community control, while retaining a system of free
enterprise. That would give us the ability to deal with all the
other challenges mentioned earlier, from environmental concerns to
run away militarism (which has always been the illegitimate child of
over-centralized capitalism).
On
the other hand, giving in to the temptation to throw it all up as a
bad effort, to abandon the American experiment, would just land us
deeper into the clutches of the elitists bent on our enslavement.
Any moves to break up, destroy, or divorce ourselves as a nation will
almost undoubtedly make it easier for those same forces of bigness,
that same nebulous elitism, to gain even more power over us.
When we ponder getting back to the
Constitution in this country we ought to recognize that it's probably
about the only time human beings, on a mass scale, ever got
government right. But that is definitely not because it was mostly
cooked up by just a bunch of White guys
It is true that they were the ones
most involved, but the important thing to notice is that they were in
a desperate bind. They were obliged to use all the (formidable)
education they collectively possessed. and combine that with all the
knowledge they could garner, and use all that to conceive of some
form of government that would be stable enough to keep the British
from eventually hanging them.
In the course of nobly and
courageously protecting their own interests, the Founders
accidentally stumbled upon something better than they knew. In
September 1787, they knew that any government they produced would
have to pass muster with the most politically astute people the world
had yet seen. So they made it up the best they could, and gave the
people more real power than many of them were comfortable with. Even
the Founders didn't realize how powerful a popular tool it would
prove to be.
In a lot of ways, our decline has
been inevitable. It is just the way that nations, and republics
especially, go. The thing is, and why we should strive so hard to
revive our system, is that ours truly was a unique experiment in
government, one that proved itself to be very empowering for the
common people, and really did work to elevate the moral consciousness
of the masses.
Before we allow this tremendous
gift to drift away forever, we ought to realize that for all its
flaws, it was still the best system of government humans have ever
stumbled upon. If we choose to, our revolutionary fervor, which is
legitimate and growing, could be diverted into not burning this
system down in favor of some untried and probably ill intended fraud,
but rather into putting our good system back together better than
ever, truly empowering we the people to renew our quest to establish
liberty and justice for all.
The
most important question to ask is; Where are we going into the
future? The alternatives to American self government that are on
offer, from some kind of theocracy to some kind of totalitarian
socialism, while they might be attractive to this generation of
Americans, are attractive only because they, and we, all of us, have
forgotten the great promise and reality of the American experiment in
popular self government. We need to remember and re-imagine how well
our system can work, and how well it can accommodate our diversity
and our differences without causing us to devolve into mutual hatred
and hostility.
What's
more, we must realize that those corrupt elitist interests who
deformed and mutilated our system into being repugnant are waiting in
the wings to take complete control if we let them. Just throwing up
our hands in frustration, just chucking it all, will play into their
agenda.
There
is an old saying, “Don't throw the baby out with the bathwater.”
This means that when one goes to clean up a big mess, don't lose
sight of what is truly precious. Don't dispose of that precious
baby while getting rid of the messy, objectionable crud that has
gotten attached to it.
Getting
rid of our precious system of free popular self government in favor
of some corrupt and corruptible elitist system would be far worse
than just throwing the baby out with the bathwater. It would, in
fact, amount to throwing out the precious baby of Liberty, and
retaining what we have come to loathe, the filthy, crud filled
bathwater of oppressive elitist corruption. So not only should we not
throw the baby out with the bathwater, we definitely should not make
the greatest mistake of all time; that of throwing out the baby and
keeping the bathwater.