The people are the true founders of this nation. The Constitution does not need to change in order to cope with current issues and the needs of society. The intent of the Constitution is to stand to accommodate the needs of changing circumstances. The abuses by the Federal government have only made the nation vulnerable to changing circumstances. The Framers intent was to convey enough power to deal with transient problems without altering constitutional fundamentals. Their theory was simple. Keep Americans free.
Where will the restoration of the Constitution come from?
The answer is beyond our appointed and elected bodies of government but within the individual citizen. The citizien being the greatest number in the political equation. Politicians repeat the phrase “self governed” with much frequency but with little understanding. As citizens we must be assertive in reclaiming our Constitutional Heritage against the bodies of government which have viciously attacked the original context of the US Constitution. As duty as citizens is to we lay down the rules; to ensure that the various bodies of government function within their appropriate authority and remind our government officials that their very existence is due to the end result of the process outlined in the constitution. One thing is certain; our window is closing; our options are becoming painfully narrow and “Sic Semper Tyranis,” doesn’t mean get your foot off my neck.
At the time of the ratification of the Constitution, the reigning vision of the national government which possessed a few well defined powers and that the states reserved the remainder due to the Tenth Amendment. This is no longer the case as the Tenth Amendment has little worth due to three landmark events and what some may call a “constitutional revolution”.
The first of these events was the adoption of the Seventeenth Amendment, which allowed for the direct election of United States Senators. The second event occurred on September 29, 1958, due to the ruling of the Supreme Court of the United States, in Cooper v. Aaron, 358 U.S.1(1958), which declared that its decisions are ‘the supreme law of the land.” This decision in itself is unconstitutional, and caused further decisions which abrogated state laws without any constitutional justification; furthermore granting the government to allow social policy to be decided by individuals who are not in the position to be held responsible for their decisions by members of the electorate. Then twenty-seven years later the Supreme Court, in Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), cast off “traditional governmental function” granted by the Tenth Amendment.
The judicial activism of the United States Supreme Court has supervised the overall destruction of state law and stood idly by while the other two branches of the federal government commit additional abuses against the Constitution. The true crisis is that the actions of the federal government have created a model outside of the intended boundaries of the Constitution, leaving the Republic in the hands of a radical structure of government. All far from what the Framers and the ratification of the Fourteenth Amendment intended.
The Constitution presupposes external institutional arrangements, the understanding of the nature of man and society in addition to what is possible and desirable in government. The Founding Fathers were illuminated by these tenets as they founded the American Republic, thus they were enabled to concisely define them in them in the Constitution by framing the limitations of power of the national government. The Founders had a better grasp on the limitations of the nature of man and knew that in time those who hold governmental power will gradually see to abuse that power for their own aggrandizement. Their insights into limitations of our basic nature which drive individuals to power and profit and their realization allowed them to effectively illustrate in the words of the Constitution, the importance of limiting the powers of government.
The Republic, much like cancer has metastasized itself; in that it has essentially destroyed the original scheme of government laid out by the Founders. We all should count our blessings that we enjoy the liberties we have today as they are only a result of the incompetence of those who govern and not by our individual desires to preserve them.
The Founders wisdom of morality, the nature of man, the nature of government is a stark contrast to the landscape of today that is mired by corruption, moral relativism and a false notion of progress. Clearly the nation needs to “reformulate” the values we endorse and adopt a sense of prudence. The decline of the country gains speed and traction as many are quick to accept false ideals, have a contemporary misunderstanding of the nature and the imperfectability of our mortal state. All of which is compounded by an absolute rejection of the institutional designs laid out by the Founders which contain the ability to preserve the free rights of citizens; leaving us in a deplorable state of government and with virtually nonexistent Tenth Amendment ; which protected the orginal authors of the federal scheme, the states which make up the Republic.