The coming Constitutional crisis

Editor’s note: On Friday, as usual, I had a piece in The Patriot Post. Normally it is published pretty much as I send it in, but when I got the response from my editor Nate Friday morning he noted that my submission was a little long and he boiled it down to some extent. So I decided to do this post with the deleted parts added back in as originally written.


While he’s in the news, based on his recent podcast interview with Jenna Johnson of the Washington Post, for a different reason, it’s interesting to hear these words from a certain Senator: “I trust the wisdom of people. And I’m confident – especially after having traveled (my state) for two years – people are good, fundamentally, and if given the choice to do the right thing, they will. To do the good thing, they will.”

Robert “Beto” O’Rourke may or may not be running for President in 2020, but we can be assured that neither his previous comments on the “exhaustion” of the Constitution nor his favored “progressive” policies square with that stated philosophy of trusting people will do the right thing. Naturally, conservatives have had a field day criticizing Beto’s notion that the Constitution is an outdated document, but they’re also giving some thought to the state of our government and whether it’s even trying to keep the checks and balances that were designed into it. Exhibit one: David French at National Review:

We’ve reached this point in large part because Congress has utterly abdicated to the president its constitutional responsibility and authority to declare war. It’s simply handed over one of its most important powers, and it stubbornly refuses to take it back. And that’s not the only power it’s given to the president. Donald Trump has lately been able to make sweeping, unilateral decisions about immigration (the travel ban, for example) and tariffs (our trade war with China) precisely because of previous congressional acts delegating an enormous amount of authority to the executive branch.

“Beto’s Constitutional Folly,” David French, National Review, January 16, 2019.

Is Congressional oversight really a thing of the past? The answer may be “yes” if you believe French’s cynicism. But the funny thing about the situation is that even those who inhabit the progressive Left get it. This passage comes from one of their more recent political Bibles, the Indivisible Guide:

(C)onstant reelection pressure means that MoCs (members of Congress) are enormously sensitive to their image in the district or state, and they will work very hard to avoid signs of public dissent or disapproval. What every MoC wants – regardless of party—is for his or her constituents to agree with the following narrative: “My MoC cares about me, shares my values, and is working hard for me.” (Emphasis mine.)

The Indivisible Guide

Our nation came into being because men with foresight and a sense of altruism wanted to allow the rest of us to have the freedom of controlling our own lives without answering to a tyrant not of our choosing. They carefully set up a government with three co-equal parts in the hope the triangular split would keep itself in balance, not allowing one side – especially the Executive Branch – to dominate. But that freedom came with the responsibility of maintaining diligence and a strong sense of morality, and as we became farther and father removed from the generation that founded our nation, our people backslid into trying to take shortcuts and passing the buck away from being responsible for our actions. “It’s not my job” became the national mantra.

In the case of Congress it meant figuring out ways not to have to take unpopular votes – and risking electoral defeat – by delegating its authority, as French points out. So something had to fill the vacuum, and ambitious progressive chief executives have too often been the ones who stepped up to do so, winning elections on the emotional appeal of promising a life of ease (or at least taking from those who have the means) if you didn’t mind ceding a just a little bit more of your freedom and fortune in the process.

Perhaps the earliest example of this was President Woodrow Wilson, whose election in 1912 (by a mere plurality of the vote thanks to a Republican Party rent between its own Roosevelt progressives and those who were Taft conservatives) ushered in a plethora of radical changes in the form and powers of government: in his first term the Constitution was changed to allow for taxation of income and direct election of Senators, and the Federal Reserve was formed. Wilson’s second term brought further Constitutional changes on a more social front with Prohibition and women’s suffrage. All those changes, enacted within an eight-year period, permanently altered the direction of the American republic and set the stage for a century of liberty erosion through the New Deal, Great Society, and, finally, Obamacare.

Some might call that which Wilson began “fundamental change,” but the problem with its evolution from Wilson to Barack Obama was succinctly addressed by our Mark Alexander: “If you believe government has whatever power it desires and is the answer to every problem, as Obama clearly does, you should at least competently run it. Instead, systemic bureaucratic corruption and craven political considerations rule the day.” Career bureaucrats have carved out their own fiefdoms in this modern-day age of kings.

So those who – perhaps naively – believed the days of incompetent progressive government were over when Donald J. Trump rolled into town have certainly been disappointed with his lack of progress in draining the Swamp. Surely many of those Trump believers were also the ones confident the TEA Party would restore the vision of our Founding Fathers based on a single election only to be disappointed by the excuse – passing the buck at its finest – that they only controlled half of one-third of the government by virtue of a House majority; however, that majority in the House became one in the Senate four years later and grabbed the White House in 2016, meaning work could be done on righting the Judicial Branch.

So the good people thought, finally, all the pieces are in place for a reform where the right things would be done to restore our Constitutional republic. But they failed to foresee a process that started out being made doubly difficult by the national Fourth Estate and its unrelenting negative coverage of everything Trump and became all but impossible because of a midterm election where the issues were subordinate to the personalities and emotions involved.

Given the midterm results, a better question to ask regarding the Constitution is whether the people really want it at all? In the midst of the 2017 Obamacare battle, writer W. James Antle pointed out an inconvenient truth about modern America, noting, “In practice, the American people want a much bigger federal government than the Constitution currently authorizes. Not long ago, a conservative wag quipped that if a president actually tried to enforce the Constitution’s limits on federal power, he or she would be impeached.”

On January 3, 2019, articles of impeachment against President Trump were re-introduced in Congress. While it’s claimed that the impeachable offense is obstruction of justice, the reality is that Trump was obstructing the transfer of power to the unelected bureaucrats amassing their fiefdoms and making their favored friends wealthy on the backs of the long-suffering taxpayer. It’s a process that makes a nation one of well-connected “haves” lording it over the hapless “have-nots” who see opportunities snatched away and reserved to a select few.

If power is ceded to the unelected few, or if differences in philosophy become so great as to be irreconcilable, the last resort becomes violent revolution – and our nation already tried that, twice. The harder but necessary responsibility for good people to undertake and – more importantly – demand from their leaders would be that of getting back to honoring the intentions of those who wrote the document we’re supposed to be living by. Restore our checks and balances.

The audacity of faith

Originally I began this post as an odds and ends piece, but when I selected an article on “Obama’s killer economy” as my first topic of discussion I made the executive decision that this subject needed more than a few words.

As it turns out, lately I have seen a few articles crop up about the hopelessness of a certain class of Americans, and whether it leads to a conscious suicide or the slow death of a thousand drinks, cigarettes, and pills doesn’t matter so much as the fact this is an issue. There are thousands of Americans who are right about my age (I’m 51) who somehow have decided to check out mentally, which often leads to their physical demise. To be perfectly blunt, if the Good Lord hadn’t brought Kim and I together there’s the chance I could be one of those statistics given the fact I needed to subsist for several years on a range of part-time work thanks to the utter destruction of the local building industry. If you look as possessions as “stuff,” I lost a lot of stuff over those years. Rather than focus on that, though, I thank God I was one of those who approached the edge of the abyss yet came back. (In the terms of our pastor at church, I am “the blessed man.”)

But somehow I have always had the optimism that there was something better on the horizon; indeed it panned out with Kim. I will grant it’s harder and harder to be optimistic about the world, but believers still persist.

Yet not everyone has that luxury of good fortune, or the faith that God is in control. And perhaps that’s part of the issue, as organized religion is slowly losing its influence on society – at least according to national surveys. (Of course, this is not to say that the devout have any fewer struggles than the unbeliever, nor is it fair to say that many of those who succumbed to the world didn’t believe in God and go to church. Church attendance or even leadership is, by itself, not a guarantee of doing good works either – there is no one who stands above temptation.)

However, there is the economic argument Kevin Williamson at National Review made (subscription required, so no link) that simply said “downscale communities deserve to die.” If you live in upstate New York, rural Oklahoma, or a place like the Eastern Shore (parts of which are slowly losing population) you need to go where the opportunities are. But NR‘s David French adds a key component I believe is missing from the argument:

For generations, conservatives have rightly railed against deterministic progressive notions that put human choices at the mercy of race, class, history, or economics. Those factors can create additional challenges, but they do not relieve any human being of the moral obligation to do their best. Yet millions of Americans aren’t doing their best. Indeed, they’re barely trying. As I’ve related before, my church in Kentucky made a determined attempt to reach kids and families that were falling between the cracks, and it was consistently astounding how little effort most parents and their teen children made to improve their lives. If they couldn’t find a job in a few days – or perhaps even as little as a few hours – they’d stop looking. If they got angry at teachers or coaches, they’d drop out of school. If they fought with their wife, they had sex with a neighbor. And always – always – there was a sense of entitlement.

If you look at it through the lens of those people “falling between the cracks” this may be what they define as “doing their best”:

And that’s where disability or other government programs kicked in. They were there, beckoning, giving men and women alternatives to gainful employment. You don’t have to do any work (your disability lawyer does all the heavy lifting), you make money, and you get drugs.

So let’s recap: we have an entire class of people in this country, counted in the tens of millions, whose very existence is defined as getting up in the morning, spending their day watching television or perusing the internet, eating courtesy of the taxpayers through their EBT card, lather, rinse, repeat, day after day. To break up the monotony they go out and buy their case of Bud Light, shop for the provider of their pills, and sleep with different people. It’s a community of strangers, of users.

Those who have known me for a time (and for the vast majority who do, it’s been a period of no more than 12 years since that’s when I moved here) know the sort of person I am, and alas I can be defined by my faults. Over the last couple years as I’ve become a regular church goer, though, I’ve found an extended family – granted, I couldn’t tell you the names of everyone who attends with me on Sundays, but they know me and if something were amiss they would ask about me and place me in their prayers. Sometimes that’s just the lift I need.

In the Book of Luke there is the tale of the prodigal son, who squandered the half of his father’s fortune he was entitled to on worldly things, yet grew despondent when the money ran out – so he returned feeling unworthy of being more than a lowly servant. Yet the father provided for him the best robe and the fatted calf, for as the father told the other brother, the one who was upset because had done as he was expected but received no reward:

“My son,” the father said, “you are always with me, and everything I have is yours. But we had to celebrate and be glad, because this brother of yours was dead and is alive again; he was lost and is found.” (Luke 15:31-32)

America has become a nation full of prodigal sons and daughters, but ones who are still in need of return. We have all the riches to which anyone could aspire, yet millions are squandering their share on lives of loneliness, misery, and envy for those who have more than they do. As I note above, Americans have also turned from God – perhaps there is a parallel there?

I can’t sit here and tell someone in the predicament of dire poverty that simply returning to God and getting back to church will solve their problems. But what I can say is that having the church family may give those who are trapped in this vicious cycle something to live for – if they want to put the work in. It’s not something that takes a Sunday and you’re done, nor is it an easy path. But if one can feel better without taking the drugs, drinking the alcohol, or abusing relationships, why not take the opportunity?

Conservatives against Trump (and his hucksters)

In an attempt to tip the scales a little bit, and arguably give itself a little relevance in this current campaign, National Review gathered nearly two dozen prominent conservatives to make their case why nominating (and worse, electing) Donald Trump would be a mistake and a setback for the conservative movement. For the most part their reasons echoed a lot of what I said when I did my “dossier” series a few months back. Simply put, Donald Trump is not a conservative.

Had National Review asked me, my case would be made from the idea that Trump is a populist rather than a conservative, with ideas that sound great in a broad sense but when implemented evoke the old saying “the devil is in the details.” On immigration I share Trump’s concerns, and for the most part I think he has a sound approach to the issue. (This is in contrast to some at NR that would embrace immigration reform.) But in other areas such as taxation Trump works in a more steeply progressive, populist direction. Low-income wage-earners may get to send in a tax form that says “I win” but eventually we will all lose because the precedents will be set in punishing certain businesses. Talking tough with China is one thing, but putting the policies into practice another.

I don’t want to go through a complete rehash of what I said the other day when Trump got the Sarah Palin endorsement, but so far in the 2016 campaign – one which had the promise of a good, conservative candidate who could win on a message of rolling back the excesses of the Obama administration – we have instead seen the candidate whose campaign has most resembled the brashness and bravado of a WWE event reach the top of the polls and stay there despite the best efforts of several candidates to knock him off the perch. The argument that he’s not conservative enough seems to fall on deaf ears because people believe Trump can make America great again for some reason. It makes me wonder if the TEA Party was more of a cry for limited-government solutions or just a reaction to a President who was going too far too fast in a direction they didn’t expect.

To that end, there are now TEA Party people who want to cash in on the Trump name. Case in point: Amy Kremer, formerly of the TEA Party Express. I apologize in advance for the long blockquote, but you have to get a load of this fundraising appeal:

Dear Patriot,

Are you sick and tired of seeing America lose?

Are you fed up with Washington Elites and the liberal media screwing up, weakening our country and running us into the ground?

Do you think we need less mindless political correctness and more old-fashioned common sense?

And, do you think we need a bold, proven leader to win the Presidency and Make America Great Again?

Well I do too! And I am wholeheartedly supporting Donald Trump!

My name is Amy Kremer and I am one of the founders of the modern day tea party movement.

As Chairman of the Tea Party Express, I worked alongside millions of Americans just like you and we helped lead a revolution in American politics. I was just middle class mother who was fed up and spoke out, but together, we made a difference.

Now, America needs us again. We have to come together and elect Donald J. Trump President of the United States!

That is why I have founded TrumPAC, a brand new organization dedicated to supporting Donald Trump. And, I am going to need your help, BIG Time.

(snip)

The Elites are going crazy! They cannot stand the idea of President Trump, they are running scared, and as they quiver in their Ivory Towers, they plan to throw every thing they can at Mr. Trump to try and stop him, including the kitchen sink! No smear will be left in the bag or underhanded dirty trick will go un-played.

Their desperation is disgusting, but we know it’s coming. And we need to stop them!

That’s why we need you today, right now, to help Donald Trump weather the course. Mr. Trump has strong shoulders, and if we get his back and show the World that there is a movement behind him, ready to propel him all the way the Oval Office, nothing will stop us!

(snip)

Donate today and we’ll send $5 dollars directly to Mr. Trumps campaign so YOUR name will be on his FEC Report – we’ll handle the paperwork and even cover the credit card processing fees so every penny goes to the Trump campaign.

(snip)

AND BEST OF ALL – when his January finance report comes out, Your name will be on it, telling the world where you stand. You see, normally only big donations show up on finance reports, but because it came through us, just $5 will get your name counted too.

Mr. Trump will get a shot in the arm to see all of our names going on the record for him. Plus, his campaign will know how to follow up with you and get you involved when it’s time to vote in your state.

(snip)

I hope I can I count on you to chip in with a contribution and help reach our goal so we can get our winning message out to voters across the country.

Just $20 will help reach about 5,000 people through robocalls, social media, and Internet ads.

$35 will help reach about 13,000 individuals.

$100 will help reach nearly 36,910 folks. $150 reaches nearly 51,000 people.

Just $200 allows us to contact nearly 68,000 folks over social media and the Internet.

Whatever amount you can afford, your contribution will help us reach out and convince more voters that Donald Trump is what America needs!

So I send Amy Kremer $25 (which is the default amount on their fundraising appeal) and Trump gets five bucks? What a bargain! Not only that, the other $20 will “reach about 5,000 people through robocalls, social media, and Internet ads.” (Damn, I’d love to know where they are spending their $20 because I have a website I’d like to promote.) On that point, it looks like we have diminishing returns at some points so I’m wondering where this lady got her numbers. Math may not be her strong suit?

It’s interesting because when Kremer left the TEA Party Express in 2014 her plans were for “engaging in competitive Senate primaries and supporting fiscal conservatives in the coming weeks.” There must not have been enough money in that part of the political world so it was time to glom on to the most populist candidate we’ve seen since Barack Obama to be a moneymaker.

And people wonder why those of us in the heartland are so cynical about politics. It’s why we shouldn’t attach ourselves to a person but a philosophy, and mine is that of limited-government conservatism. Out of all the remaining candidates in the 2016 race, it’s a sad commentary to know that Donald Trump is the farthest from that ideal, yet many who call themselves conservative support him and apparently making money off his name is just peachy.

Update: Still need more evidence Trump isn’t a limited government conservative? Federally-controlled land is just fine with him.