The Basic Premise
The Constitution was written to govern the relationship between a federal government and the thirteen sovereign states of the United States. After the failed Articles of Confederation, the Constitution was adopted in order to form “a more perfect Union” between the states. Other than in the eloquent opening phrase, “We the People…”, the Constitution does not described the relationship between the federal government and the citizens of the United States. One only has to look at the conditions of ratification of the Constitution to understand this.
The Constitution did not call for a referendum of all persons living within the United States in order to be adopted. Rather, Article VII states, “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States….” [emphasis added]. While there are a very limited number of ways the Constitution address the citizens of the United States (for example, by requiring a census), they are limited.
Through a number of amendments, court decisions, and outright power grabs by the legislative and executive (and even judicial) branches, the role of the federal government has been dramatically altered. Using a document intended to describe the relationship between states to rule individual citizens has created a truly chaotic government, where almost anything goes. The rule of law – the words that were drafted to dictate how the government should behave – is now meaningless. A cleaver lawyer, an aggressive executive, an over-reaching legislature, or a slumbering judiciary can change the meaning of the law on a regular basis, often in very unpredictable ways.
This is the crux of why there is a liberal shift – as the power of the federal government grows, the Supreme Court’s power, and that of each of its members, grows with it. Justices have little incentive to restrain the growth of government and a great deal to gain with its growth – more power to influence lives of the citizens.
The Constitution did not call for a referendum of all persons living within the United States in order to be adopted. Rather, Article VII states, “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States….” [emphasis added]. While there are a very limited number of ways the Constitution address the citizens of the United States (for example, by requiring a census), they are limited.
Through a number of amendments, court decisions, and outright power grabs by the legislative and executive (and even judicial) branches, the role of the federal government has been dramatically altered. Using a document intended to describe the relationship between states to rule individual citizens has created a truly chaotic government, where almost anything goes. The rule of law – the words that were drafted to dictate how the government should behave – is now meaningless. A cleaver lawyer, an aggressive executive, an over-reaching legislature, or a slumbering judiciary can change the meaning of the law on a regular basis, often in very unpredictable ways.
This is the crux of why there is a liberal shift – as the power of the federal government grows, the Supreme Court’s power, and that of each of its members, grows with it. Justices have little incentive to restrain the growth of government and a great deal to gain with its growth – more power to influence lives of the citizens.
posted by M. Scott Laemmle at 7:53 PM
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