“But we are not a democracy we are a Constitutional Republic,” say you. Although, that was surely the intention of the founding fathers, both political parties have, and continue to stray from constitutional law and the republic.
This current administration is more than happy to roll out the constitution when it furthers their socialist ideology of an egalitarian society, and then readily discards it in a heap when it represents the intended purpose of ensuring individual rights, freedom, and curtailing the ravenous power of government. In today’s political climate one need not travel far to find examples of both.
In violation of constitutional law, the government health care bill known as Obamacare, states that every American must purchase health care insurance or face a penalty. However, this mandate doesn’t apply to everyone. The government reserves the privilege to pick and choose who must comply based on the bureaucracy’s classification of need. Another transgression is it shifts the unsustainable Medicare costs onto the states for financing a federal program. This entire health care bill is unconstitutional. The government can’t fabricate rights not outlined in the constitution, or the bill of rights, and then seize sixteen percent of the GDP in order to satisfy these self imposed obligations.
This particular slight of hand is made possible by the enumerated powers of Congress to regulate interstate commerce. The interstate commerce act has been used often and widely since the New Deal to justify expansions of federal power over any economic activity the government arbitrarily chooses.
On the flip side of the constitutional coin the government is now declaring the state law of Arizona, which deals with illegal immigration, unconstitutional. Under the constitution, federal law is the supreme law of the land and states may not pass laws that seek to overshadow federal statutes. However, this is not the case. The Arizona law does not pre-empt federal immigration law, it creates no new immigration crimes it merely supports existing federal statutes on illegal immigration.
Rest assured this legal challenge will fall on the Supreme Courts subjective interpretation of the constitution. Whereby the justice’s pervasive ideology will knead the language of the constitution into malleable lump of clay, then manipulate it to serve their often misguided motives to advance the government agenda.
One may also challenge the constitutionality of the Czars, appointed by the president without congressional oversight. These hand picked ideologues are immune to congressional review, and they report to the president only. So far these obscure individuals are responsible for spending over a trillion dollars of the tax payer’s money.
Unfortunately, there are a host of tools employed by the government to circumvent the constitution. These include International law, United Nations treaties, The EPA, and a multitude of other government agencies that give the executive branch unbridled reign.
From this, one can conclude the constitution is impotent; it no longer serves the intended purpose to protect the rights, liberty, and property, of the individual. It is only called into play to advance societal benefit, the collective benefit, the states benefit. So are we a constitutional republic? In theory only; in practice no. Long live the Republic.