Constitution? What's that?

We all know that Barack Obama doesn't think much of the Constitution.  And he certainly won't let it get in the way of the government takeover of health care.Courtesy of  Kim Strassel at the WSJ today comes some insightful commentary about what we can now expect from Obama and the merry leftists in Congress. The Baucus Bill has been subject to Congress' death panel and is DOA. Baucus attempted to craft a bipartisan bill that would enjoy a modicum of Republican support, but he ultimately caved to enough liberal demands that it got sufficiently watered down to appeal to precisely nobody. The Republicans find it too costly and pernicious in its penalties and taxes, and the left finds it far to soft on the insurance companies and other villains of the health care industry. Max tried, but in the end he truly made "mischief of one kind...or another" and got promptly "eaten up".

In any event, Strassel makes the very good point that we should all prepare ourselves for a renewed leftward turn in the health care debate as our President caves to the demands of his leftist base:

...Our bipartisan White House grew weary of the bipartisan process and pressured Mr. Baucus to produce. He jettisoned his colleagues and pushed out a product that Messrs. Grassley and Enzi promptly condemned. The White House did such a good job of suggesting that Ms. Snowe was its GOP patsy—a Republican who'd vote for a ham sandwich, if only they asked—that even the miffed Maine senator has stepped back.

The result is two-fold. With no, or little, GOP support, the only way Mr. Baucus can pry his bill out of committee is to allow the left to have its way. The White House knows this, which is why the president—despite seizing on the Baucus legislation in his speech last week—is already abandoning the finance chief and his bill to the tender mercies of West Virginia's Jay Rockefeller and New York's Chuck Schumer. The White House wants a bill, any bill, and this bloc now holds all the votes in committee. Pity Mr. Baucus, who just got used.

Into the hands of Rockefeller and Schumer we fall. And you can bet that what comes now is a highly partisan bill that will attempt the "public option" in one form or another, and a price tag that will be (conservatively) in the Trillion Dollar range. Worse yet, it will be couched in all sorts of creative accounting and political double speak that the public will think its getting steak when it is really horse meat with lots of sauce on it. Those who were gullible enough to elect Mr. Obama may likely be gullible enough to take his latest sleight of hand at face value.

Worse yet, it is apparent that Obama wants a bill -- any bill -- and will do whatever is necessary to force it through, even if it involves using the reconciliation tool that requires just 51 votes instead of the 60 needed to overcome an inevitable Republican filibuster.

What has changed is Mr. Obama's determination to push a bill through, regardless of what his party, or the public, thinks. The White House will make the case to waverers that the political fallout of a health-care failure will be worse than backlash that comes with voting for a bill. Maybe. Behind that is the further threat that Dems will go this alone, via 50-vote reconciliation, if necessary.

Reconciliation was meant to be used only for finance bills, not for momentous, life-altering legislation like major health care reform. The Framers of the Constitution created a system where major political initiatives such as this would be subject to the normal process of debate, with the rights of the minority (in the form of the filibuster) in place. The system of checks and balances was put into place for a reason -- to slow down the system so that radical change would be difficult and would require the support of the minority party.

But no matter. In the power play now going on in Washington, the left wants its way no matter who gets trampled. Obama is already on record as saying that the Constitution "is an imperfect document", and this might as well apply to the rules around health care legislation as well. He, Pelosi, Reid, Schumer and the others know best, after all -- and they clearly don't care what the people think or want.

We are in for a rough ride. Keep up the pressure on your local Congressional delegation. The only chance we have is that those in Congress will care more about getting elected than actually reforming health care.

Let's make it clear that an "aye" will result in a "nay" next November.

Remembering our landmark Constitution

Today we celebrate the 222nd anniversary of the completion of the United States Constitution by a hardy assemblage of patriots in 1787, meeting for four months in Philadelphia’s Independence Hall. They produced the world’s first written constitution, which has turned out to be the longest continuing constitution as well. While we revere our Constitution we must also be mindful of the obligation that we, the people, imposed upon ourselves so that we can enjoy its benefits in the future for at least as long as we have already. The Constitution has numerous virtues, each one of which merits praise in our public discourse. It is widely understood and appreciated (excepting certain political parties) that the virtue that underlies all the others is limited government. Martin Diamond, who coauthored what was doubtless the best American government textbook ever written, and who was also one of my mentors, spelled out the various ways in which the American government is limited, and each is in its own way, remarkable.

The Constitution limits the scope, the jurisdiction, the powers and the operation of all levels of government. First, it carries out the fundamental principle of the Declaration of Independence that limits government to the security of everyone’s liberty. It is emphatically a movement away from ancient governments, which subordinated liberty to the goals of the ruling class, and from medieval governments, which sought to guarantee eternal salvation.

This is also not a government that attempts to guarantee everyone’s satisfaction but leaves them free to make the decisions that promote their happiness. It rejected in advance the totalitarian regimes that cursed so much of the world in the 20^th century, such as fascism, communism and nazism. We must add to that list radical Islam which invades human freedom for the sake of jihad.

Second, the Constitution limits the jurisdiction of both federal and state governments, by broadening that of the former and restricting that of the latter. Before the national government was instituted by nine states’ ratification of the Constitution in 1788 and the first national elections in 1789, we were governed by a loose alliance of sovereign states. It was essentially a military alliance for winning and keeping our independence, but it was incompetent to accomplish even that very well, not to mention the equally important object of promoting commerce among the states and securing adequate revenue.

The Constitution was written mainly to secure a powerful government for the limited purposes of common defense and general welfare through granting it authority to make decisions by the consent of the people, rather than by consent of the state governments. Thus, the Constitution deprived the states of the power to govern the Union, but left with them the vast bulk of domestic powers relating to the safety, welfare, health and education of persons in their jurisdiction.

Liberals today are prone to imagine that the broad authority of the federal government in certain areas somehow justifies any scheme that can be financed by federal revenues. Conservatives, on the other hand, sometimes have difficulty granting the federal government the broad authority over limited objects which it actually possesses. No one stated the matter more clearly than James Madison, known as the Father of the Constitution:

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected." (The Federalist, No. 62)

Third, the federal government is limited to those enumerated powers, particularly in Article I, Section 8, wherein the powers of Congress are set forth. The last clause of that section, known as the necessary and proper clause, does not grant any additional powers but leaves it to the discretion of federal officers the means for "carry[ing all] powers into execution."

The Tenth Amendment to the Constitution, adopted out of an abundance of caution, reminds us that powers not granted to the federal government, nor prohibited to the states, are left with the states or the people. It does not deny any powers that the original Constitution did not already deny.

Fourth, the Constitution limits the operation of the federal government by distributing powers among three separate and distinct departments with an eye to preventing tyranny by either the government or the people, as well as providing the most competent government possible. Congress has the power to make laws, but it requires the assent of two legislative branches and the approval of the President. The President’s veto power is not absolute, as two thirds of both houses of Congress may override it.

The Supreme Court and other federal courts established by Congress have jurisdiction over cases arising under the law and hear challenges from lower courts to federal authority. The power to declare either state or federal laws null and void was not explicitly stated in the Constitution but was thought to be implied by the fact that a limited government required such a check on legislative authority.

The checks on Congress derive from the fact that the lawmaking power is the greatest of all powers in a republic, which includes regulating the executive and judicial branches, funding them and approving their personnel. It is misleading to speak of some sort of "deadlock of democracy" between three equally frustrated branches as liberals often lament and conservatives sometimes imagine.

Congress can deliberate but it cannot provide leadership when circumstances call for it. Only the president is so constituted by its unity, duration and powers. Congress can make laws but it cannot fairly judge violators. Only an independent judiciary can do that.

The Constitution is also noteworthy for its brevity. It consists of only seven sections, the first of which is as long as the rest combined. This enables persons of average intelligence to read and understand its provisions without resort to voluminous interpretations or obeisance to Platonic guardians. Unfortunately, that has not prevented our states from devising exceedingly long constitutions. (For example, California has amended its constitution more than 500 times!) Nor has it prevented virtual canonization of those wearing judicial robes with their unfathomable interpretations.

Again, it is Madison who has the best criticism of the first corruption and, by implication, of the second:

"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed? (The Federalist, No. 45)

The Constitution could not have been adopted without compromising with slavery which, sad to say, took a bloody Civil War to extinguish. And it is only as good as we, the people, make it by our continued adherence to its fundamental strictures. Nevertheless, it has continually frustrated the tyrannical ambitions or grandiose schemes of its enemies or confused friends, and God willing it will continue to do so.

Democrats socialistic? Of course they are

The greatest single weapon in the Democratic Party’s arsenal has been its ability to confuse the voters. Even though it has practically defined itself since the 1930s as the party of Big Government, with high taxes and spending, massive regulation and intervention, and continual encroachment on private property, its leaders and spokesmen have vehemently denied that their policies amount to socialism. But why? Is socialism such a bad thing? Maybe not if you advocate socialistic policies, but maybe so if calling something by its right name will antagonize the voters and lose their support. That’s been the predicament of the Democrats as they consistently seek to solve real or imaginary problems with government programs and income redistribution, rather than abiding by the Constitution’s protections for free trade and commerce.

There’s no point in trying to pin the socialistic tail on the Democratic donkey when the donkey disowns it. Better to define our terms and decide the question based on the relevant principles and salient facts, rather than accusations or denials.

The Merriam Webster Dictionary defines socialism as follows: 1 : any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods2 a : a system of society or group living in which there is no private property b : a system or condition of society in which the means of production are owned and controlled by the state 

Governmental ownership of production and distribution of goods rather than private property, then, is the essence of socialism. This contrasts with the limited government and largely unfettered trade and commerce by individuals and corporations that have distinguished the United States of America.

How then do we understand the Obama Administration’s takeover of banks and other financial institutions, automobile companies and the current proposal to take over the health insurance industry? Plainly, these are all socialistic measures, not just because Republicans say so but because they are examples of what socialism is.

In Europe, where nationalized health care has long been in effect, along with nationalized heavy industry and mining, socialism is more "advanced" than in the United States. When President Obama says that he wants to "transform" America, following the European model is what he has in mind.

Socialists here and in Europe are not enemies of government by the people, or at least they have no intention of replacing it with any sort of dictatorship. During the many decades that they have promoted socialism, they have been at great pains to distinguish themselves from Marxists, who have advocated violent overthrow of so-called "bourgeois" (middle class) democracies and replacement by the "dictatorship of the proletariat."

The difference has turned on very different evaluations of modern democratic government. The Marxists believe that western democracies are a sham, allegedly dominated by the evil capitalists who manipulate the people by money and influence. These corporate chieftains will not, Marxists say, willingly give up their rule, so the only way to change things is through violent revolution.

Marxists have as much scorn for democratic socialists as they do capitalists for their supposedly naive belief that peaceful change is possible, if not their covert cooperation with the enemies of the people. But the democratic socialists believe that, through persuasion and effective politics, the majority can be brought around to socialism without violent revolution, and they now have several decades of success here and in other Western countries to prove it.

However, in spite of two great waves of socialism in America via the New Deal (NRA, AAA, social security) and the Great Society (war on poverty, medicare, racial quotas), and the wave now being stirred up by the Obama Administration, a majority of Americans still prefer limited government and free trade and commerce. If there is one overriding reason for this, I would maintain it is their firm belief that they retain the capacity to govern themselves.

That is why, according to recent public opinion polls, a.majority now views unfavorably the President they elected last fall. They have been shown by their harsh, bitter experience with the first few months of the new administration that the Democrats are not the political party of the little guy but of Big Government.

This emerging majority for a restoration of fundamental American principles of government may or may not be put off by Democratic denials of the party’s commitment to socialism, but they know that party stands for policies that threaten their health care, their contracts and their private property. Truly, socialism is the right name for those policies.

Constitution will survive Dems’ assaults

Last fall I shared in the disappointment of 47 percent of the voters who did not cast their ballots for Barack Obama and feared his stated intention of "transforming" America into a socialist regime. With Democrats in firm control of both houses of Congress, this seemed a likely as well as a fearful prospect. But things are looking up. This week Obama Administration officials indicated that they may abandon the so-called "public option" feature of their health care insurance proposal because of widespread and intense public opposition. This demonstrates that public opinion still counts for a great deal in our republican form of government and, indeed, is capable of doing some "transforming" of its own - - in this case, thwarting socialized health care.

Without forgetting for a moment that Obama and his fellow Democrats still control all three elective branches of the federal government, we know now that, although they can fool some of the people all of the time and even all the people some of the time, they evidently cannot fool all the people all of the time.

It is critical that we understand the explanation for this serious blow to the Obama Administration’s plans for the nation. Many Americans of both parties, and independents, and even some who have had no previous involvement in politics, were outraged that the terms and conditions of nationalized health care were so severe.

This reaction was not because of alleged "lies" by Republicans and "special interests" (doctors, hospitals, drug and insurance companies) that the government would in due course come to dominate the field and that the unprecedented costs would be covered with higher taxes and rationing, doubtless at the expense of those deemed unworthy of "extraordinary" care. That’s all true.

Way back when, we were admonished to be concerned about approximately 40 million people who lacked health insurance, but that was soon overwhelmed by the hard Democrat push for universal coverage to replace the allegedly capricious decision making of the "evil" health insurance firms.

Unfortunately for Obama and the Democrats, millions of Americans have health plans they are satisfied with. Whatever complaints they may have, they look far less favorably upon a one-size-fits-all system which, if Canada and the United Kingdom are instructive, will force people to wait for months for appointments while unsocialized dogs and cats can get theirs with veterinarians far sooner!

This is a time to be grateful for our free commerce which enables health care providers and consumers to agree to plans and payments which are mutually beneficial. Those plans are valuable properties - - private properties - - which belong to individuals and are not subject to confiscation by the government for the sake of "spreading the wealth around."

Thus, private property, the foundation of our free and profitable trade and commerce, has both taken care of the health of millions and enabled them to "speak truth to power." Americans are not mere ciphers in a soulless administrative state but self governing persons.

This is precisely what the founders of modern republican government intended with equal rights under law and immense opportunities for energetic and capable citizens to rise above mediocrity and follow their dreams.

Those same people are free to vote for representatives of their own choosing, knowing that they have the power to vote out of office any miscreants who would take away their right to govern themselves.

It is not surprising that so many people taking part in politics for possibly the first time in their lives should exhibit less polished arts of speaking and writing than those who have practiced them for many years. I remember vividly my own entry during my college years, impatient for change and wanting to be heard. Since then I have seen others go through the same sort of initiation. Experience is a great teacher and the latest entrants will learn the lessons of moderation that others have before them.

Part of that political education consists in taking the long view of things. All victories are temporary, until the next challenge comes along. However appealing the idea of term limits is, our nation needs a continual supply of citizens not only participating actively in politics but seeking public office if they have virtues to contribute to the public good.

One hopes that current as well as future political leaders will appreciate the advantages of the present fortuitous circumstances and bring more and more public-spirited people into legislative and executive campaigns and governing so that we can continue to keep the socialist wolf at bay.

Public assemblies, American style

The Obama Administration has been the occasion for numerous Tea Parties and Town Hall Meetings, which are different species of the genus public assembly.  How they are seen and understood depends a great deal on one’s point of view. As American government is based on the consent of the governed, it is perfectly appropriate and even necessary that public officials be chosen in periodic elections and that the people be free to express their views publicly. While the design of the Constitution is to avoid rule by the people in their collective capacity, relying rather on elected representatives, the First Amendment explicitly guarantees the right of the people to assemble peacefully for redress of grievances.

In our nation’s history, not a few of those public assemblies have been considerably less than peaceful, whether they were in opposition to taxes on whiskey, Jay’s treaty with Great Britain, the War of 1812, the Mexican War, abolition of slavery, the Civil War draft, industrial lockouts, World War I, racial segregation, the Vietnam War or the Iraq War.

Peaceful protest should always have the full protection of the law, and violent protests should be suppressed. The difficulty is that those rioting invariably see themselves as greater in authority than public officials, and the latter sometimes sympathize with the rioters’ goals, if not their means.

It is not surprising that the widespread Tea Parties that protested the record levels of taxing and spending by the Obama Administration should be viewed favorably by Republicans and unfavorably by Democrats. By the same token, the Town Hall Meetings called by the President and a number of Democratic Congresspersons and Senators are looked upon by Republicans as stage-managed affairs, lacking legitimacy.

So some Democrats supportive of Obama showed up to put a damper on the Tea Parties, and evidently more persons–of both parties–critical of the President, particularly his health care plan, have shown up at the Town Hall Meetings. Both parties clearly seek to establish their viewpoint as the authentic voice of the American people and the opposing view as merely a minority faction.

Although I welcomed the Tea Parties and look upon Democrat Town Hall Meetings with suspicion, I cannot say that I am pleased that more and more citizens are taking their grievances so noisily into public places and meeting halls. A major contributor to this development is the rise of Big Government, which treats opposition to its goals and methods as essentially illegitimate.

Fortunately, this year’s protests lack the violence that characterized the radical left’s opposition to the War in Vietnam, when both public officials and private citizens were targeted for bombs by the likes of the Weathermen, of which Obama friends Bill Ayers and Bernadette Dorn were members.

It is always a challenge for politicians to deal with tumultuous assemblies with a combination of good humor and firmness, granting the legality of the protest but seeking to defuse its passion and restore civil discourse. Politicians slandering citizens angry over the government’s less than candid explanation of its programs are pouring fuel on the fire.

This present situation is not unlike that of medieval Europe, ruled by monarchs and priests, in which ordinary people had no say and whose only form of protest was armed rebellion. It is only when citizens finally won the right to elect their leaders that the frequent resort to mob violence was no longer necessary.

But the longer that large, intrusive and costly bureaucratic structures dominate our lives, and render citizens powerless, the more those otherwise not inclined to angry outbursts will feel compelled to vent their spleen at the persons they chose to make their laws.

Far better, though, that we take advantage of constitutional structures that enable the people to vote for or against those persons they believe do–or do not–have the best interests of the nation at heart.

Democrats have long believed that, just as they have a monopoly on holding public office, they alone have reason to protest, even violently, if they feel strongly enough. Republicans more commonly look upon public office as a temporary calling and reluctantly take part in public protests.

And while leading Democrats have attributed base motives to Republican protestors (special interests, Ku Klux Klan members and even Nazis), the latter have not gone beyond labeling Democrats (accurately) as big taxers and spenders, socialists and petty tyrants.

We have an opportunity to restore government by the people in the 2010 Congressional elections and the 2012 Presidential election. That’s where the protests will really count.