The NY Times claims that the left should no longer constrain themselves by having to follow the “broken” and “famously undemocratic” U.S. Constitution which “stands in the way” of “real” freedom and democracy.
I would post a link directly to it, but it is behind a paywall. It doesn’t matter. I get the point. Here is mine:
The Constitution is a contract between the people and the government. It follows the basic theory that was in existence at the time of the founding: that people found governments to protect their rights. Governments rule with the consent of those being governed. Getting rid of that constitution removes that consent and ensures that the government from that point forward is not ruling with our consent, but instead by force.
Without a Constitution, the government will have admitted that it is illegitimate and ruling through the barrel of a gun, rather than the consent of the governed. At least at that point, they won’t be bothering to even hide it any longer.
21 Comments
Elrod · August 24, 2022 at 8:58 am
IIRC, “statutes” in the United States are founded in the authority granted “government(s)” by the Constitution.
There is room for discussion as to whether or not without a Constitution the states would still exist since they existed, or, rather 13 of them did, which raises questions about the 37 created after ratification of the Constitution since the “Constitutional union” those states agreed to join no longer exists. Certainly, however, the interrelationship of “states” – all 50 of them – would be very different without a Constitution as would the existence of a “federal district” housing the federal government.
So….without a Constitution, the authority to issue, and enforce statutes probably disappears, if not at the state level, certainly at the federal level. That would seem to require some sort of Constitution-like “document of understanding” for the operation of whatever form of national government the anti-Constitutionalists created. * Which, in turn, would place the states in position of choosing to accept it or not.
WROL, here we come !
* When corporations merge, or are purchased by other corporations it is standard practice for the new parent corporation to assume assets and liabilities of the purchased, or absorbed corporation, primarily because such action is driven by desire to obtain the assets; also absorbing the liabilities is, however, largely fungible under the law and it is entirely possible that the “New State of Freedomonia” or whatever the crazies choose to call it, elects to disavow responsibility for such liabilities as it perceives detrimental to its newly created mission.
Divemedic · August 24, 2022 at 4:23 pm
All laws exist purely because the government uses force to make them exist. A government may only enforce unjust and unpopular laws because it has a monopoly of force. Therein lies the beauty of the Second Amendment.
JaimeInTexas · August 25, 2022 at 8:19 pm
It is sometime between adoption of the Constitution and adoption of the Bill Off Rights- did the FedGov have the authority to do abridge freedom of speech, to establish a religion, act against peaceful assemblies, etc?
Divemedic · August 25, 2022 at 8:26 pm
It wasn’t among the enumerated powers, so no. It’s just that Virginia refused to sign on unless the BOR was added. Many at the time thought it was unnecessary.
JaimeInTexas · August 26, 2022 at 5:43 am
Same with regards to the 2nd.
Anonymous · August 24, 2022 at 9:23 am
You can bypass the paywall by using the wayback machine. https://web.archive.org/web/20220819103752/https://www.nytimes.com/2022/08/19/opinion/liberals-constitution.html
Nolan Parker · August 24, 2022 at 10:05 am
Every piece of legislation needs to have the language in the constitution that proves they have the constitutional authority for that legislation.
Every piece of legislation needs to be limited to one topic.
Proposing unconstitutional laws is a violation of the oath.
Out you go!
D · August 24, 2022 at 4:55 pm
“Every piece of legislation needs to have the language in the constitution that proves they have the constitutional authority for that legislation.”
They’ll just copy/paste the snippet that says “provide for the general welfare”.
No one cares what words mean anymore.
Steve · August 25, 2022 at 8:12 am
FDR already did that using the ‘interstate commerce clause’ to push thru his various New Deal programs. Wickard v. Filburn (1942) decided that a farmer growing wheat for his own use, impacted interstate commerce because it might affect national wheat prices. Since then, the ‘interstate commerce clause’ has been used in pretzel logic to justify any law passed by Congress.
To summarize, if they want to bypass the Constitution while citing the Constitution, they will find a way to do it. This article is them advocating the removal of the fig leaf.
Anonymous · August 24, 2022 at 12:44 pm
of course its “undemocratic”, the framers left us a republic not a democracy
h · August 24, 2022 at 1:59 pm
It’s hard to say much given the sensible advice in your next post “Remember” (that guy telling you to ‘go ahead! is likely a Fed! )
K9 Operator · August 24, 2022 at 5:08 pm
“Real freedom and democracy “ by the communist standards means whatever the communist mob decides freedom means to them. Punitive action will be taken against everyone that doesn’t agree with their interpretation of freedom.
why · August 24, 2022 at 5:42 pm
I’ve started voting “withdraw consent” wherever I can
And did such the last Presidential election. Agreeing to play the game, then losing and griping about it only makes you a sore loser.
I’m done……..
Jonesy · August 24, 2022 at 7:59 pm
“At least at that point, they won’t be bothering to even hide it any longer.”
As far as I can tell, they haven’t bothered to hide it since BHO His Own Self became president. Fundamentally Transform the USA? The establishment or deep state or whatever you want to call them, has been pretty transparent since then.
And when we push back, we are labeled racists, fascists, and anything else they can think of (criminals, terrorists, etc).
If we don’t get back to some common ground, we’re about 2 POTUS elections away from a big breakup.
Will · August 24, 2022 at 9:16 pm
“If we don’t get back to some common ground, we’re about 2 POTUS elections away from a big breakup.”
Really think it will last that long? The Dems, the Deep State, the WEF, and others are working hard to bring it all down around our heads.
Big Ruckus D · August 25, 2022 at 12:04 am
No way in hell it can last that long. That’s basically another decade from right now. Either the bad guys decide to go whole hog, and succeed (and the good guys perish) within the next 2-4 years tops, or both sides will be embroiled in a conflict seeking the utter destruction of each other in that same timenframe, or less. Time remaining is is also affected by economic, weather and social conditions deteriorating as they are already self evidently doing.
Given the now complete lack of compunction the bad guys have over openly telling us to fuck off and die, there is no way they will tolerate several more years of “blue balls” awaiting implementation of their final solution. They have to kick it off to satiate their own depraved appetites for suffering and death. These maniacs can already taste the blood of their enemies (that’d be us) as strongly as they taste faggot dick on the daily. All that is in question now is whether they do so unimpeded.
Further, the decline and fall of the empire of shit is not a linear function with a static rate of progression. Each new insult and injury heaped on further accelerates the “time to detonation”. It took x number of years to get to where we are now. It will take only y years for the pain and suffering to double again. Think of it as an recursive procedure with an exponential rate of change on each new cycle.
I’m not even remotely confident we make 2024, and thereby stumblefuck poopypants the firwt may well be the last “president” under the current system, elected or not. What comes next I don’t even care to contemplate as a thought exercise.
Jonesy · August 25, 2022 at 7:48 am
A couple of reasons I think it will take that long:
1. Republicans in congress are spineless, and instead of planting their feet and fighting back, they go along to get along. Challenging the left might force their hand, make them go “whole hog”. Right now they don’t have to because Republicans let them get away with their plots and plans a day at a time. No need to rush when you have help.
2. The general public is complacent, even some of those who who consider themselves conservative. Its especially true of moderates and folks to the left of them. As long as there is food on the shelves, they can put gas in their cars, and they can heat/cool their homes (all of that even at inflated cost) while going to work to earn a paycheck, nothing is going to happen. Right now the cross section of conservatives fighting back is relatively small, which makes it easy for the deep state/left to isolate and marginalize them. Examples: folks still fighting election fraud from 2020 (state legislatures wouldn’t fight it, courts wouldn’t touch it), parents targeted by the FBI for challenging school boards, the folks that were arrested for J6 (and still being arrested). J6, with the exception of a few people, and the Biden admin going after Trump are one political party persecuting their opponents.
Unless something big happens, and it happens suddenly, affecting a large swath of people, no one is going to risk their freedom and livelihood. Even if they can’t incarcerate you, the feds can seize your house, your bank accounts, your 401k. Who’s ready for that?
Big Ruckus D · August 25, 2022 at 6:24 pm
I get all that. But something big will happen. And it will happen suddenly. There are too many crises of fundamental import that have now reached critical mass. The economy is about to roll over and play dead, destroying what already dwindled purchasing power remains for food, fuel and other critical items. Luxuries and distractions will be toast, leaving many more people with extra time to think about how badly they’ve been fucked. They will get angry.
Crime – particularly of the vibrantly violent variety – is taking off big time. Something will crack here, probably some “youth” gets popped in self defense by one of a non-protected class, setting off a fresh round of riots.
Drought and economic conditions are both playing hell with trade in general, and food supplies specifically.
Medical care is going to crack under the strain of too much demand, to many leaches, too much racketeering, and not enough competent staff. Add in the now emergent damage from covid shots, this will add another layer of exponential pressure to the mess that American health care has become.
The work ethic has been drained under the insult and injury of being fucked by confiscatory taxes, fees, scams and inflation, and thet aren’t nearly done trying to soak us even more. The student debt load forgiveness will backfire, in economic terms.
And the drums of war are beating louder all the time.
JaimeInTexas · August 24, 2022 at 9:43 pm
The Constitution created the agency. There was no agent to agree with the document.
The slave has become the master.
It does not matter what the document stipulates since the principals no longer can control the,former agent and now, master.
We are in power in power politics … and there is no coexistance pissible with those siding with the master.
Anonymous · August 25, 2022 at 1:19 am
There is no such contract, because I didn’t sign it. If my ancestors sold me into slavery, I reject that.
The difference between a republic and a democracy, one level of indirection, didn’t seem to make all that much difference in practice.
The US Constitution didn’t succeed at its sales pitch of preventing centralization of power, so why feel good about it? The US Constitution’s actual purpose was to reduce the middle class to the legal condition of Sally Hemmings.
snuffy · August 25, 2022 at 9:38 am
They think the Constitution protects us from them, when in reality, it protects them from us. Or, to paraphrase Rorschach, we’re not locked in here with you, you’re locked in here with us.
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