is there a true north?
Corrupt: to cause disintegration or ruin (disintegrate: to destroy the unity or integrity of)
As I wrote my last piece: class clowns, valedictorians, or wizards of oz, two of the Constitution’s clauses took center stage to convey my point. Conversely, at times writing my perspectives, I feel I’m redundantly beating things like my old school Montessa on a boulder strewn course trying to make a point. Why? Because I’m stunned by the lack of anything WE THE PEOPLE appear to care about as we go about our days, me comparing: While Rome burned Nero fiddled, even though they didn’t have fiddles then. Those words being an apt description of the country today. Only, throw in party politics, then ask yourself: Will America become Rome in a few years? If things continue, I believe, it appears the nation will go up in flames.
Well, going backwards to move forward, once Dad had given me my pocket Constitution and I started reading, a new unexplored world opened. One previously beyond my ability to take in and behold. Now, it wasn’t just the Constitution itself affording me my newfound conceptual vision, but the bounty of writings left behind by those who were for and against the document. So much of it out there, the Federalist Papers, I believe, are the owner’s manual to having things work as intended. But to coincide with proper operation, the Anti-Federalists are required. The two combined add perspective, making what the three branches of government are supposed to be: balanced.
So, by design, and for the Constitution to work as designed, the intended check-on-balance and control of Federal power was instituted; four branches. The Framer’s, having limited Congress in its legislative ability, placed WE THE PEOPLE in charge of the executive and representative arms. In the design process, they also gave power to amend the Constitution. So, while some believe amendments are the greatest thing since sliced bread, I believe them dangerous. Evident by ones that currently have the country reeling by those passed over a century ago. Except, by default of one, the Senate; the ones citizens now also elect to serve, no longer State legislature’s appointing, being a good and bad proposition through the 17th Amendment. Yet, in all things being proportioned, I do believe amendments should be fully understood before changing the original to something it wasn’t intended to be. As I’ve mentioned before, the best encompassing definition for those in power and those over the powerful by constitutional design: Government was meant to be fed, not feed. An extremely simple concept of power structure and abilities. Now, the opposite to; church was meant to feed by being fed. A clear distinction of each entity’s responsibility, the embodiment of structure for two governments. One designed by man, the other by God, with two different purposes.
So, while in theory, the four branches were designed specific in authority and power, executive, legislative, judicial, and the people, each derived from constitutional precepts, providing four independent parameters for common and altruistic purposes. The check-on-balance to ensure the three remain within their defined power structure. But purposely, a vicious cycle began when agenda started displacing intent. And, from the Constitution’s advent, some in power have strived to discombobulate the structure, using agenda to pervert ideology, and for nefarious ends. FDR during his reign tried to court pack the Supreme Court while his own party admonished him then. His desire: ostensibly make him a king, thereby any legislation he wanted passed, his party would with the court upholding. Only, the result of his attempted coup, the 22nd Amendment and one now only being able to hold the executive position two terms plus two years max. Yet, old always becomes new, or history repeats if one allows the past to be forgotten. So, in light of some recent Supreme Court rulings, the past has come back to the present. Only, this time, because of party, the past has the potential to become the future if WE THE PEOPLE are not astute enough to see the deception taking place. Court packing (along with term limits for judges) is again being demanded. Except, this time, party, along with the executive is pushing the agenda. Of the two desires, one would require constitutional amendment, the other not, as the Constitution does not list the number of judges allowed. And all it takes is a majority of party in both chambers. Oddly though, court packing is not a new again FDR endeavor. Marbury v. Madison another case of such implemented to restrict an opposing party’s ability to legislate, but:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. (Article 3/Section 1)
Per the Constitution, there are no set parameters for length of tenure or number of justices. Whereas the executive became term limited by Congress, both chambers required, having the ability to amend the judicial as well. Yet, the legislative never considers a term limit proposal for themselves. So, consider pay, term limits, retirement packages, and a host of other issues while I continue another point to ponder. Just understand everything today is wrapped around the vicious cycle of party politics. They’ve brought the country to where the four branches have combined to ostensibly unify in the desire to collude, thus disintegrating the original designed protections to keep themselves from becoming out of control: tyrannical. The country today, openly awash in deliberate attempts to divert truth, begging; does anyone even consider constitutional basis anymore?
There are a host of issues unimaginable a few years ago, now forced front and center, that if not legislated, democracy’s end. Yet, as the two-party powers have held control, social unrest has been the predominate outcome of each. The nation devolving with one premise of government enlarging. The controlling of everything, including things it cannot control. The foundational structure designed to limit control dismissed. And mostly absent, and now being forced into submission, the one branch created to determine the design of WE THE PEOPLE being constitutionally upheld, yet today, also appears to be colluding to undermine intent, what should have remained sacrosanct:
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. … The judiciary, on the contrary, has no influence over either the sword [executive] or the purse [legislative]; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments. (Federalist 78)
Ironically, the weakest of three, responsible for the structure’s strength overall; the arbiter of law emanating from Congress being constitutional. The Supreme Court’s design; knowledge of the Constitution and intent. But where party agenda outweighs constitutional precept, a cancer has spread and if not corrected, will fully metastasize, destroying society. While today, one party pontificates zero-truth, the other, less than; and the people, devalued to fit party narrative, as the cancer permeates every facet of society. Political parties, the tumors spreading the disease, willfully growing further tumors in societal segments, weakening the people to subjugation. Education; the key to the deception. The cure; WE THE PEOPLE:
A Constitution is, in fact, and must be regarded by the judges, as a fundamental law. … Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. (Federalist 78)
A three-branch government limited in power, controlled by the least powerful, yet all three deceive to the detriment of those who were to hold the most power over-all. The vicious cycle of agenda displacing intent. The Framer’s, knowing the heart of man, installed four branches to protect and preserve, knowing the truest measure of the nation’s success would be:
It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority – that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. (Federalist 51)
Out of control being opposite of control, a limited government must be controlled by the one’s it’s serves. Except, does the controlled in the desire to be controlling now use party to instill deceit in the branch designed for the protection of all? The ability needed to countermand; an all-around desire for people to understand, and know intent, enforcing what government can and cannot legislate. Where the Constitution has words omitted, legislative power is in effect impotent, thus incumbent on one’s knowledge of intent:
WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. (Preamble to the Constitution of the United States)