Principalities & Powers

A Boundless Field of Power

Does the United States Constitution still exist? There is one simple way to answer this question. Read any article or section of the 200-year-old document written to provide the citizens of a free republic with a short and simple guide to what their government can and cannot do and ask whether the language you have just perused remains operative today. With the possible exception of the clause requiring that the President of the United States be more than 35 years of age, hardly any of it does. Almost all of the "important" parts of the Constitution today—the First Amendment, the Commerce Clause, the 14th Amendment, war powers, etc.—through the endless machinations of lawyers and the meddling of judges and courts, means something other than, and sometimes the direct opposite of, what the language plainly says, and in addition there are at least two "unimportant" parts, the Second and Tenth Amendments, that have virtually disappeared. Unable to twist and torture the language of those amendments to suit their fancies, the courts have simply ignored them and pretended they no longer exist.

Instead of the plain text of the Constitution, what we have today are merely the collected musings of various judges and justices, organized into convenient little formulas like the "Lemon Test" or the "reindeer rule" and arbitrary definitions of such matters as "obscenity," "privacy,"...

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