If the Constitution Doesn’t Matter…
The Congress votes on restricting the size of ammunition magazines, expanding controls over who can buy guns, and limiting the types of guns that citizens can buy, even though the Constitution expressly forbids them from passing any such laws.
The EPA director uses a false email identity to hide her communications from public scrutiny. An entire network of three-letter agencies takes over Congressional functions and operates outside of Constitutional bounds as unaccountable lawmakers, enforcers, and judges in every area of life.
The president decides he doesn’t care for certain laws and therefore won’t enforce them, even though that is his job. He demands that private companies obey his wishes, and attacks those who don’t.
The Congress votes on far-reaching laws without even reading them. The Supreme Court declares them to be Constitutional even though they are outside the functional areas delegated to the federal government. The Senate can’t be bothered to consider a budget.
The Fourteenth Amendment guarantees equal treatment under the law, but the president casually waives the application of onerous legislation for companies he favors, sparing them massive cost and compliance burdens that their competitors must still bear.
The federal government refuses to carry out its Constitutional border control responsibility, and sues a state that tries to protect itself by enforcing existing federal law.
The Tenth Amendment reserves all undelegated powers to the states or the people, but the docile states take federal money and mostly operate as federal departments, not as independent and sovereign entities.
In 2008 our current president said we need a “civilian national security force” as large and well-funded as the U.S. military. Domestic agencies have now stockpiled over a billion rounds of ammunition, much of it hollow-point cartridges designed for close-combat use… inside the country?
Does the Constitution not matter anymore?
George Washington believed that
…the Constitution, which at any time exists ’till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all.
The means of changing it “by an explicit act of the whole People” are set forth in the document itself, and they don’t include having a “living document” draw deeply on something that looks like a homemade cigarette, wander among the penumbras and emanations, and declare itself to mean something new, something never before imagined.
The only alternative is for it to be discarded, if not kept; there’s no provision for it to be gently smudged into a slightly different set of “suggested guidelines” for each new administration. It has no severability clause allowing some pieces to be kept and others struck. Picking and choosing is not an option.
So has it been discarded? Are we in a post-Constitutional period, as Mark Levin suggests?