Let's drive REAL fast!

by on May.27, 2009, under National

One of the great open secrets of our society is the simplicity of the single document from which all law must spring, the Constitution. It is an outline of government, it is the rulebook, and it is the ultimate law to which all laws must be accountable.

The US Constitution is far simpler than most appear to realize; it can be read in a matter of minutes. My copy will fit in a shirt pocket. The greatest kept secret is that every question of American society is answered within its words. It begins with the “mission statement” of our government, then goes on to define every aspect of how the government works, changes, and governs. It specifically states literally every aspect of the federal government.

This simple document also provides for changes in each area of governance. Absolutely any portion of it can be changed; it has in fact been changes 27 times over the past two centuries. These changes have been scattered throughout our history– more than one-third of these adjustments came within four years of its adoption; the most recent in 1992. Sometimes the changes have even changed the previous changes, as the 21st Amendment in 1933 repealed the 18th Amendment of 1919- prohibition.

Many do not realize that prior to the 16th Amendment, the Federal government could not impose an income tax (imagine no IRS- and imagine that ¾ of the states voted to allow the government to create it!)

Another amendment that many don’t seem to understand is the 10th. Like most other parts of the Constitution, it is very simple- only 1 sentence. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In other words, unless the Constitution specifically says that the Federal Government can do something, it cannot.

Think about the simplicity of that statement. Because the Constitution does not say that the Federal Government can finance education, it cannot- under any circumstances. Because the Constitution does not say that the government can create a retirement system, it cannot. Because the document does not specifically say that the government may bailout business or own stock, or determine the rate of pay for individuals, or anything else, it cannot.

I know what you’re thinking- the feds do finance education, do have a retirement system, bailout businesses, own stock and even set the rate of pay for a job. How can this be?

Consider how the law applies to you and me. The law very clearly states that we cannot drive more than the posted speed limit. But we do; in my younger days, I even did it intentionally. It was not legal, but I did it (and many of you passed me driving even faster). I always had a good reason, generally that I was late for something that was important to me, often due to my lack of planning.

If there happened to be a policeman or state trooper nearby, it is likely that I’d be stopped and possibly ticketed for breaking the law. If there was not a trooper near by, I’ll likely keep driving to fast. Chances are that eventually my disregard for the law would lead to unintended consequences, causing property damage, injury or even death.

The federal government is no different. Unless there is a trooper nearby- that is willing to turn on the blue light and take action, the government will continue to break the law. This means a law must be challenged in court to be declared unconstitutional.

Like speeding, laws are always passed for a good reason- poor people need help, kids need education, Chrysler or Bank of America are in trouble- but all are a dangerous violation of the law, much more dangerous than my occasional speeding.

And, the troopers are few and far between today, and many are viewed as “radicals”.

President Obama’s chief-of-staff recently said, “Never let a good crisis go to waste,” in other words, let’s drive REAL fast!

Where are the troopers?

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