The power of III

Summum ius summa iniuria--More law, less justice

26 December 2010

We can take the country back. We have to.

But we have a lot to do.

Karl Deninnger of hits a home run on Christmas with this post.

"...Our tripartite system of checks and balances was utterly trashed in days gone by, with two of the most-egregious examples being FDR's attempt to pack the Supreme Court and the introduction and passage of the 17th Amendment, which instantly and permanently eviscerated the 10th Amendment - part of the grand bargain by the colonies for the adoption of The Constitution in the first place.
Indeed, if one looks back through the outrages of Federal Government expansion, you'll find they pretty much began with the 17th Amendment, and the reason is clear: Its passage removed the ability of The States to block federal legislation.
Yet that fundamental construct - a modest and weak federal government and a comparatively strong set of state governments, is exactly what all those in our nation signed up for roughly 235 years ago.  The Constitution is in fact a contract - but like all contracts, it is only as good as the willingness of the parties to enforce it.
Liberals of all stripes talk incessantly about "The living Constitution."  That, of course, is a crock.  The Constitution is a set of black letters arranged on a very-dead tree.  Yet it is not inflexible - the means to amend it to suit the needs of the day is embedded within.  For better or worse that path was allowed, and in some cases, such as the 17th Amendment, I argue we so amended it foolishly, in the heat of political "wedge issue" arguments that in fact date back to the founding of politics itself.  Yet when a liberal wants something he can't have under The Constitution he typically ignores the constraint - such as those who argue that the black letter language of The Second Amendment means that only "The National Guard" has the right to bear arms never mind that The Constitution was drawn when "The National Guard" was comprised of every able-bodied man, keeping and bearing his own arms suitable for military purpose (which most-certainly include rifles and handguns), whether organized into military units or keeping their own homes and land safe from potential - and actual - marauders.  Such a force comprised of all citizens willing to bear their own arms in what we now call The United States in fact dates back more than 370 years, to the 1630s!  In 1903 the "organized" role of the National Guard was subsumed into the Army Reserve force, where it remains.  But the original militia envisioned by the founders did not (of course) disappear - it remains in the form of every citizen willing and able to bear arms in defense of the nation, of the state, and of him or herself.  It's just inconvenient to acknowledge that fact when you've got a particular agenda you want to pursue - like Statist or even Marxist control of the people.  How soon we forget that one of Hitler's first acts was to disarm the population, and that this almost-certainly made possible mass-murder of Jews and dissidents.  In short, The Left keeps some damn strange bedfellows."


  1. That was a good post by Denninger.
    I just ran across your blog today.
    You're doing good stuff here, keep it up!

  2. continue!!