The Constitution is the guide which I never will abandon. July 28, 1795.
From the
standpoint of his above quote, George Washington would not be happy with today’s
Democratic Party. It’s hardly difficult to understand why. Following his
revolutionary victory, in order to establish an American government checked by
balanced of power, Washington
turned down the opportunity for absolute personal power. Washington understood that in
order for American democracy to survive the ages, the various mechanisms of our
government would have to operate in respectful equilibrium. In response, the founding
fathers gave us the Constitution.
Unfortunately, today’s Democratic Party has
become the standard bearer of Constitutional absurdity.
First, let's look at the
Judicial component.
Taking Democrats
at their word, you’d believe that their judicial philosophy has an overarching,
unifying objective- the pursuit of core public interests and the protection of
individual freedom. But this isn’t the case. Instead, for many Democrats, Constitutional interpretation has become a fundamentally subjective venture.
Just check the record.
This Supreme
Court session, considering two relevant cases, the Justices will decide on a major Democratic priority-
1) whether gay couples have a Constitutional right to marriage and/or 2) whether they
have a right to the same benefits that are available to heterosexual couples.
Generally, Democrats believe that the government has no right to grant or deny
rights on the basis of moral judgments concerning intimate, adult
relationships. Recognizing the Constitutional right to
equal protection under law, I support this understanding (at least as it relates to the second case). However, Democrats are far from consistent
when offering their legal support for individual freedom. For one
example, consider gun rights. As decided by the Supreme Court in Heller (2008) and McDonald (2010), the Second Amendment
grants an incorporated right to all Americans, to possess handguns in their
homes. Unfortunately, in their present pursuit of bans on all semi-automatic weapons (including handguns), imposing stringent magazine capacity limits
(ten rounds or less) and requiring prospective handgun purchasers to submit fingerprints, many Democrats are actively challenging established Constitutional
rights. While many conservatives (myself included) recognize that gun rights
are not absolute, the
boundaries of the law are clear: American citizens have the right to possess (at least some) semi-automatic weapons, without suffering excessive government obstruction.
It isn't just guns though. Consider the Democratic Party position on government
power re- private conduct. When, in 2012, the Supreme Court upheld
the Federal Government’s right to impose taxes on individuals who fail to buy health
insurance, Democrats were overjoyed. Yet, as exemplified by their
infinite outrage over the 2010
Citizens United ruling, Democrats also apparently believe that the government has the
right to gag political speech. Under this warped Constitutional theory,
government can seemingly compel both consumer purchases and political silence.
This is a legal framework without credibility.
Ultimately, there is no Constitutional logic to a
judicial interpretation which resides upon inconsistent, subjective whims of
the moment. This is anathema to the Constitution’s existential purpose. The
Constitution doesn’t exist as a kind of political ‘phone a friend’- a tool for
difficult situations, but one to be ignored when so desired. It requires lasting respect.
Sadly, it’s not simply case law where Democrats are ridiculing the Constitution.
Consider the
on-going interactions between the Executive and Legislative branches of
government. Before he entered the Oval Office, Senator Obama railed against
President Bush for putting ‘more and more power in the executive branch’. However, since then, he's had a change of mind.
Whether concerning
Libya, executive privilege,
energy policy, immigration, or
now
guns, on various critical issues, this President has no qualms ignoring
congressional authority when he so desires. Not a great record for a former Constitutional law professor.
In the context of
their previous complaints about Bush's executive, you might have expected at least a little
hesitation from congressional Democrats over Obama’s executive reach.
Conversely, congressional Democrats have become subservient allies to
Obama’s expansive executive. A good example? The evolving battle
over the March debt limit. Faced with congressional Republicans who
understandably want entitlement reform in return for debt limit increases
(without reform, we will continue our proud, national dive into the fiscal
abyss), Democrats have offered a unique three-part alternative to honest
negotiation.
First, to demagogue against Republicans for not capitulating to
the President’s demands. This first element is particularly bold, considering
that former House Speaker Pelosi felt entitled to her own abysmal (really worth checking this link!) foreign policy during the Bush Presidency.
Second, change the rules.
Finally, if all else fails, ignore the Congress and its Constitutionally granted power of the purse.
Sidestepping Congress, what do Democrats suggest in return? Proposals, which
are so utterly ludicrous, they appear to be the product of Monty Python movies. Suggestions of $1
trillion coins and intoxicated readings of the 14th Amendment are not acts of
proud Democratic legislators; they are the product of a delusional deference to
executive power. This is the obsessive pursuit of power as an end in itself.
Liberals like to
claim that conservatives are to blame for our national political dysfunction
and I’ll admit,
we have to share some blame. However, in substituting cartoonish surrealism for
the Constitution, Democrats are attacking the basic essence of American
democracy.
Our country faces
profound national challenges. It's understandable that difficult
political dynamics will burden our efforts to find solutions. However, the
Constitution should never be treated as a casual partisan tool. Over hundreds
of years, our balanced system of government has guided us through the pain of
civil and foreign wars, the misery of economic depression and the strife of
great social upheaval. While Democrats played a crucial part in this national
journey, the journey isn’t yet over. We still need the Constitution and it
continues to deserve the Democratic Party's respect.
