On this Constitution Day 2017

After 230 years, our founding document is beginning to show signs of wear and tear. No, I’m not talking about the actual document housed in its sealed case, but instead the wear and tear its principles are undergoing as people are taught less and less about its true meaning and purpose and those who would prefer the absolute power to be corrupted absolutely take advantage of the situation they lent a hand in creating.

In the last few days before I wrote this we have had people who aired their grievances by protesting in the streets and creating a violent disturbance about a trail verdict they disagreed with, others who object to the placement of statues, monuments, and other historical markers they deem to be racist or inappropriate to the point of tearing them down, and a gathering of “juggalos” that emulates two men who call themselves the Insane Clown Posse demonstrating in the nation’s capital because the government believes they are a gang. (I’m not a rap fan so don’t ask me what they sing.) Believe it or not, of the three, the juggalos and juggalettes seem to be petitioning for a redress of their grievances in the most proper way. Whooda thunk it? [And, before you ask, I have drank some share of Faygo – to me (and a few others) rock n’ rye was the best flavor, although I think many are partial to the redpop.]

Now it’s not just the Bill of Rights that people are taking advantage of. Consider what the government of today, particularly Congress, does to “promote the general welfare,” and compare it to a paraphrase attributed by the Annals of Congress to then-Rep. James Madison: “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” As economist and pundit Walter E. Williams correctly surmises, “Any politician who bore true faith and allegiance to the Constitution would commit political suicide.” And never mind the so-called “deep state” of bureaucrats that Congress has, over the years, ceded more and more of its oversight power to.

Thus, we have created a federal judiciary system with judges who often value the emotion of the so-called “victims” of a law more than what the Constitution says (or doesn’t say) about it, with the backing of the easily interpreted intent of those who wrote it to help guide them. We have created an educational system where Washington has an outsized role – even though the vast majority of the funding is raised locally – and it too often teaches children about their “rights” (whether real or created out of whole cloth) but not their responsibilities. And we have created an enforcement arm that can taint broad swaths of people with the accusation of being engaged in criminal activity based simply on music they listen to and symbols associated with it. (And before you say that’s well-deserved, ask yourself if you reacted like that when it was the TEA Party being scrutinized for criminal activity because they disagreed with policy decisions.)

I certainly wish the Constitution well on its birthday, but truly believe that too few understand its role in shaping our national history. Anymore it seems that if the Constitution conflicts with what they want then they call it outdated or irrelevant, but if it happens to be on their side suddenly they’re the stoutest defenders.

Many years ago I suggested some amendments to the document, and perhaps this is a good time to revisit these ideas with a little updating as needed. We have gone 25 years without a change to the Constitution, which is the longest drought in over a century. Aside from the 13th to 15th amendments in the few years after the War Between the States, the Constitution was largely untouched in the 19th century. But after the 16th Amendment was adopted in 1913, there was a flurry of activity in the following two decades that brought us up to the 21st Amendment, which repealed the earlier 18th Amendment that brought Prohibition. Another peak of activity in the 1960s and early 1970s was primarily to address civil rights, although the 26th Amendment established a national voting age of 18. But since 1992, when it was codified that Congress couldn’t vote itself a raise in its present term (an old idea originally intended as part of the Bill of Rights) we have left the body at 27 amendments.

So this is my updated version.


If I were to ask for a Constitutional convention (allowed under Article V of the Constitution) I would ask for these amendments.

28th Amendment:

The Sixteenth and Seventeenth Amendments are hereby repealed, and the original Constitutional language in Article I, Section 2, Clause 3 and Article I, Section 3, Clauses 1 and 2 affected by these amendments restored.

29th Amendment:

Congress shall make no law that codifies discrimination for or against any person based on their race, religion, gender or gender identity, or sexual orientation. This Amendment shall also be construed to include a prohibition on Congress enacting additional criminal code or punishment solely based on these factors.

30th Amendment:

Section 1. With the exception of the powers reserved for Congress in Article 1, Section 8 of this document, funds received by the federal government shall be disbursed as prescribed in the federal budget to the States in accordance with their proportion of population in the latest Census figures. No restriction shall be placed on how the several States use these funds.

Section 2. Congress shall not withhold funds from states based on existing state laws.


The desired end result of these three amendments would be to restore state’s rights, make the government live within its means, and provide truly equal justice under the law. Naturally, I don’t foresee any of these passing in my lifetime (because, as I said, absolute power corrupts absolutely) but the idea still needs to be placed out there.

A day to honor great, Divinely-inspired wisdom

It may not be as apparent to the average American as “vacation day” patriotic holidays like Memorial Day or Independence Day, but today a small band of Salisbury residents came to City Park along the Wicomico River and celebrated the 229th anniversary of the signing and delivery of our nascent Constitution to Congress for approval. Once approved, it was sent to each of the thirteen colonies for ratification (Delaware was first, on December 7, 1787) and by the middle of the next year the requisite nine states had ratified the document, which was not yet amended with the Bill of Rights. (That would come a few years later, in 1791.)

So I arrived fashionably on time and was pleased to see the turnout.

It seems like there were a few more people than last year’s gathering, and I think the morning start time (as opposed to afternoon last year) may have had something to do with that.

We were presented with a proclamation from Salisbury mayor Jake Day reiterating that the city would be celebrating Constitution Day today. Day is one of the few who could stand and say he was actively defending the Constitution as an Army officer on active duty.

The event also was the culmination of an essay contest where the top two winners were present to be honored with a certificate from the Maryland General Assembly, presented by members of the local delegation Mary Beth Carozza (who was speaking), Christopher Adams, Carl Anderton, and Johhny Mautz. The winning entry was read by Carys Hazel of Mardela High School, with runner-up Nathaniel Sansom of Salisbury Christian School also present to receive his award.

The keynote speaker was Wicomico County Sheriff Mike Lewis.

I wasn’t really at the Constitution Day event to give blow-by-blow coverage, but I used the photos to both set the scene and cue up my own remarks, with the address Sheriff Lewis gave as a jumping-off point. Mike spoke at some length about the role of the military overseas and their fight against radical Islam. Certainly I understand the reason that they have embarked on such a mission, but to me it also begs a pair of questions for which we need an honest answer.

To a varying extent, the nation has been on a war footing since 9/11. In that time we have adopted the PATRIOT Act and sent thousands of troops overseas to fight against the proxy forces of radical Islam: the Taliban in Afghanistan, the Saddam Hussein regime in Iraq, and the Islamic State known as ISIS (or ISIL.) But the first question I have is: where does the balance tip too far toward security at the expense of the liberty afforded to us in the Constitution?

This question isn’t really new, either: during the Civil War (or War Between the States or War of Northern Aggression, if you prefer) President Lincoln suspended the writ of habeas corpus and arrested members of the Maryland General Assembly to prevent them from meeting as a means of preserving the Union. Eight decades later, President Roosevelt interned Japanese-Americans as a result of their ancestral homeland’s attack on American soil. In both instances America was in an active war within its borders or territories, but against a nation-state rather than an ideology as we are today. However, being in a state of war such that we are should not be an excuse for excess and there are many who have pondered the “War on Terror” and its response in the PATRIOT Act and whether the government is using this Long War as a flimsy excuse to consolidate power.

The idea of the government consolidating power leads to the second question: are we truly following the Constitution anymore or is this all just lip service?

Surely there are some who believe the Constitution has been eroding practically since the ink dried on the parchment. Whether they point to Marbury v. Madison being the moment where the judiciary became the most powerful of the three branches, the Civil War being the death knell for state’s rights since they no longer had the right to secede if they were dissatisfied with the nation as a whole, or the Sixteenth and Seventeenth Amendments that gave the federal government taxation authority on individuals specifically prohibited in the original and ended the practice of state legislators electing Senators to represent their interests in Washington, there are a fair number that think we need to start over – perhaps with a Convention of States, otherwise known as an Article V Convention. (Years ago I contributed a couple ideas for new amendments, which are still sorely needed. Back then I had good discourse, too.)

I don’t want to get into the weeds of determining the merits or problems of such a convention, but the fact that there are people who believe the Constitution needs a tune-up to fix excesses on one side or the other bolsters the argument that the government we have now is not the one originally envisioned by those men who toiled during the spring and summer of 1787 to write a replacement for the Articles of Confederation that the United States was bound to for the first decade or so of its existence. Granted, the Article V method is one prescribed in the document but there’s no guarantee the amendments proposed would pass or the resulting Constitution any better for the people.

So the occasion of Constitution Day is bittersweet. Yesterday I wrote on the subject for the Patriot Post, noting that:

Contention over – and advocacy of – limitations to government based on constitutional principles has become a theoretical exercise at best, perhaps in part because few understand the ideas and arguments that were made during the drafting of our government’s founding document.

Those who have sworn an oath to enlist in the military or (in my case) to take public office know that we swear to support and defend the Constitution as opposed to an oath to the United States. This is a clear distinction because the interests of the United States may vary by whoever occupies the offices of government at the time, but the Constitution is the set of ground rules which are supposed to define our nation. The key reason I resigned from the Central Committee was because I could not trust the Republican presidential nominee to support or defend the Constitution – rather, I believed he would tear the GOP from what few limited, Constitutional government roots it had remaining. Thus, I felt as a public official that supporting him was a violation of the oath I swore to the Constitution.

Many of those same men who pledged their lives, fortunes, and sacred honor to the American nation and survived the war that brought us independence were those who argued and debated the contents of the pieces of parchment that we consider our supreme law of the land. I pray that a group that is just as divinely inspired can lead us back to a nation that more closely reflects the intentions of these earliest Americans with respect to restoring a government that seeks the consent of the governed, and that those who are governed understand their responsibility in the equation as well. The fact that so few seem to have this inspiration or the desire to take this responsibility as citizens seriously may be what was most troubling about this day in the park.

A plea for return

On this day, the 225th anniversary of the Constitution, this might be a good time to pass along this commentary by an old and good friend of mine, Bob Densic. He’s the founder of a group called Back to Basics.

In our past seminars on “The Enumerated Powers”, I have asked the audience what is the main cause of our nation’s problems.  Often I hear concerns of a federal government spending problem that gives drunken sailors a bad name.  Occasionally someone will offer up a concern of federal revenue (not that often Thank God!).  While these answers focus on the frightening economic conditions we find ourselves in, they often miss a larger issue: that of God-given freedom and liberty, or state control.

The Forefathers who came to this continent did so with a clearly established goal.  “in the name of God, Amen.  We whose names are underwritten… by the grace of God… defender of Faith; having undertaken, for the Glory of God, and the advancement of the Christian faith… a voyage to plant the first colony…do by these present, and in the presence of God, covenant and combine ourselves together into a civil body politic..”  Apparently the Forefathers had not attended public education where they would be taught of “separation of church and state”.

Our nation’s Founding Fathers carried this vision forward throughout or Declaration of Independence and our Constitution.


Like so much of our nation’s history, we have forgotten from where we have come. We have ignored the lessons of the past and we have stood by as the principles that were fought and paid for with blood have been twisted or ignored. The Forefathers that came to this continent did so to maximize the freedoms they recognized as coming from God. Our Founding father fought a war with the most advanced, the most feared army and navy the world had ever seen. They won and secured that freedom not only for themselves, but for future generations.

It is our duty, it is our solemn obligation to carry on these principles. The book of Revelations warns us “Remember the height from which you have fallen! Repent and do the things you did at first. If you do not repent, I will come to you and remove your lampstand from its place.” (Rev 2:5). As Joshua was taking the nation of Israel to the Promised Land, representative from the twelve tribes carried stones from the riverbed of the Jordan River to create a memorial – so that future generations would learn and return to the ways of God-given freedom.

On Monday, September 17, 2012, we will celebrate the 225th anniversary of our Constitution. If we are to restore our nation, we must take up the burden of remembering the past, relearning the principles and returning to them. Please join me in these 10 simple steps and together, we will become the tireless, irate minority keen on setting brushfires of freedom in the minds of men!

The “10 simple steps” Bob cited come in an article on the anniversary written Friday by Julia Shaw of the Heritage Foundation, which I’ve found useful to link as well.

But it’s interesting to note a juxtaposition in the space of less than a week, and a change seemingly to suit those who don’t believe America is the “shining city on a hill” but rather just a space on the map, a nation no more exceptional than, say, Estonia, Peru, or Namibia.

We just went through a 9/11 which reminded us once again there is a group out there actively striving for “death to America!” Yet the prevailing mood conveyed by the current administration is one of devoting the day to service.

On the other hand, few take the time to celebrate or even think about the blessings of liberty bestowed upon us by our Creator and enshrined in perhaps the finest document to come from the hands and minds of men. Just think: these learned men could have been the tyrants, dukes, and lords of this fledgling nation, protected by an ocean from the mighty Crown that they just beat back. They couldn’t be blamed if they were feeling their oats, boastfully giving themselves a place in the hierarchy they’d earned through hard-won independence.

Instead, they yielded all that prospective power to a mostly uneducated motley group of people, many of whom were barely scratching out their existence in this new nation as common farmers and laborers. It would have been so tempting for these leaders to take the paternal attitude that they needed to take this nation by the hand and lead it where they believed it needed to go, but they resisted and trusted the people to have common sense. All they needed to do was live by the precepts spelled out in this wonderful document and they, too, could secure and maintain their God-given rights ceded to them by those who wrote the Constitution and could have been in a position to take full advantage.

But while we celebrate our independence with everything from fireworks to parades to crass commercialism, the annual passing of Constitution Day goes almost unnoticed. Perhaps that’s fitting since, as a regulator of the federal government, all the Constitution did was replace the weak and ineffective Articles of Confederation which had formed the skeletal governmental structure for the decade which had passed since independence was declared.

Yet the question has to be asked: why is it so unnoticed? What would be so wrong about a reminder, or even a government holiday? Sure, they would make it one of those generic Monday holidays just to give themselves a late-summer three-day weekend but it would still be a topic of conversation. (And yes, I can see the crass commercialism out there: three guys dressed up as our Founding Fathers debating whether the right to save 50% off a TV should be in the Bill of Rights. That right didn’t make it into the Constitution, but we’ll give you the freedom to save big at XYZ Warehouse this Constitution Day weekend!)

Perhaps there is a group out there, though, who would like the Constitution and its “negative liberties” to be forgotten by the public, the better to do their dirty work.

Unfortunately, most of us will be working today and not have the opportunity to give the Constitution the commemoration it deserves on this 225th anniversary of its unveiling. But the better way to celebrate would be a true day of service: making an active effort to bring about the return of those liberties granted to “We the People” and not a overbearing, Crown-like tyrannical government.