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The Dangerous Attack on Constitutional Government, Part 2

The New York Analysis of Policy and Government concludes its study on the attack on Constitutional government.

The historical antecedents of the Obama Administration’s disregard for the Constitution have been brewing for many years in leftist circles. Writing in The Nation  almost 30 years ago, Howard Zinn stated:“… like other historic documents, the Constitution is of minor importance compared with the actions that citizens take, especially when those actions are joined in social movements…A constitution is a fine adornment for a democratic society, but it is no substitute for the energy, boldness and concerted action of the citizens.”

The concept was echoed numerous times over the intervening years. Professor Michael Seidman, writing in 2012  in the New York Times, argued: “…observers are reaching the conclusion that the American system of government is broken.  But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.”

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In a recent Constitution Day speech, Senator Warren Hatch (R-Utah) noted: “Unfortunately, there are some today who view the Constitution as an obstacle to overcome, a barrier to supposed progress… Surely the exigencies of the day, they argue, warrant bypassing or even ignoring the separation of powers, federalism, and other critical elements of our constitutional structure.   Although some of these individuals may be well intentioned, they are fundamentally misguided…The Constitution limits government in order to preserve freedom.  It makes each branch the equal of the others and the states the equals of Washington, DC.  It provides a check on all government action.  It divides power among multiple sources because no one individual or office can be trusted with all authority.  And it requires cooperation at all levels and all stages to ensure that changes in law are thoroughly vetted rather than rammed through by temporary majorities.  These are the principles that should guide us as we seek solutions to our Nation’s challenges…Legislation that preserves the separation of powers rather than delegating vast lawmaking authority to an unelected bureaucracy also honors the Constitution’s teachings.  So do regulations that stay within the bounds of agency authority.  When agencies exceed their statutory mandate, they do violence to the Constitution’s careful system of checks of balances.  They assume power that is not theirs to take and remove decisions from the give-and-take of the democratic process.  This is particularly problematic when the obvious purpose of the agency action is to bypass Congress.”

What is truly worrisome about the anti-Constitutional statements and actions by many leftists/progressive politicians, pundits and others is that the basic thrust of their argument is not just a revision or even a total rewrite of the document that has made the United States the world’s most successful nation, but for the elimination of a guiding document at all.  Their vision replaces the ideology of the American Revolution and its subsequent philosophy of a government restrained by law with that of the French and Russian revolutions, in which an elitist leadership accumulates power unto itself and imposes, without the restriction or restraint of law, its vision upon a people that are not truly citizens but instead mere subjects.