Hi Everyone,
In my first blog (Of Donkeys and Elephants and Tribes) I wrote about how as a people and a nation we have become increasingly polarized and alienated. Shortly after the election I read an opinion piece that asserted that we as a nation we had passed a critical point of no return. The author soberly believed we were so fundamentally divided that it was time for the United States to break up into separate nations – essentially a blue nation and a red nation. Since the election there has been little that suggests that this recommendation is completely fanciful and without basis. Indeed, we have entered a twilight zone of political and cultural belligerence and intolerance that may be unprecedented. Not only is there diminished common ground and values – but also a radical level of disrespect and incivility from all sides and quarters – citizens and politicians included. The new monikers slung wildly include large doses of dismissive words: “fake”, “narcissist”, “chaos”, “so called” and “not my”.
I am not arguing that all of these vehement denunciations are without ground or warrant. Certainly there are a myriad of faults across all offices, parties, and media outlets. Some would say that this is all because of Donald Trump. But I really don’t think so. Similar outcries would likely be upon us if Hillary Clinton had been elected. Sadly our government is reflecting back to us what we have become: partisan, divided, and uncivil. 52% angry with the 48%. Very very angry.
We have forgotten our roots. Even our politicians incorrectly call our form of government a Democracy instead of a Constitutional Republic*. It is pretty clear they either don’t know or have forgotten the difference. Accordingly, the reality of a constitution that was designed to restrain the government and protect the basic rights of people has faded almost entirely from view. Even the the recent 9th circuit opinion on the immigration presidential order did not judge the matter on valid constitutional grounds but merely on the personal preference of the three judges. Not to say I agree with the wisdom of the decision made by President Trump – but Federal judges are only to judge the federal government and only judge it according to the constitution. Any other basis is without warrant or substance. The nightmare of judicial activism the founders feared is fully upon us. Congress has abdicated its role and given legislative powers to the Executive which is very glad to accept them. None of our presidents since perhaps Ike have significantly resisted the siren song of unconstitutional power. So here we are – a completed trifecta – all three branches are untethered – unconstrained by constitutional restraint or process. Our leaders are fully in the national red/ blue scrum where everything has become a turf war. We have entered the era of pure power politics.
There is a story, often told, that upon exiting the Constitutional Convention Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created. His answer was: “A republic, if you can keep it.” He was right and he was prescient.
Until next time – Will
- A Constitutional Republic is a state where the officials are elected as representatives of the people, and must govern according to existing constitutional law that limits the government’s power over citizens.
Follow-up:
A good friend of mine took great umbrage regarding my description of the 9th Circuit’s opinion as a personal preference (rather than making a valid and sound argument on the President’s authority under the Constitution). I stand by that characterization even though the 9th Circuit did include references to the Constitution.
More here: The Ninth Circuit’s Stay On Trump’s Immigration Order Is Legal Garbage
