What James Madison so succinctly pointed out in Federalist 44 has unfortunately risen to near maturity. Over the past decades the Progressive’s move towards more and more control of the various factions of the Federal government has come almost full circle.
James Madison The Federalist Papers Federalist No. 44
Categories: Separation of Powers
Date: January 25, 1788
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
Today as in the past, the three branches of government cannot be relied upon to check the powers of each. With the Legislative, Judiciary, Executive and an un-elected bureaucracy out of control, the Supreme Court basically rubber stamps cases in favor brought before them.
The Federal breaches on the individual and the States liter the landscape of America in almost every aspect of State authority and individual rights. The lines of Separation of Powers has not blurred, but instead have virtually been erased by a Federal power hungry controlling albatross. When the States formed a Federal government the biggest fear was it would pervert its authority and pervert it, it did. The clout of the combined States has long since flipped mostly in favor to an over controlling Federal government.
Americans have been living under great control by the Federal government for so long that they have barely noticed it, because this control has been growing slowly for the past 100 years through conditioning. Americans are conditioned to a central government, not realizing their loss of numerous liberties. Only on exceptional occasions, such as the favorable Affordable Care Act ruling (Obamacare) by the Supreme Court does most of America raise an eyebrow of concern. Citizens are realizing one by one that this particular Supreme Court ruling is actually not about healthcare at all, just another entry in the long train of abuses of the Federal government usurping State sovereignty and individual rights.
A government that man establishes is only as good as the people that populate it. Checks and balances between the branches can erode over time if the population does not stay engaged with who they send. The people responded in 2010 and 2012 by sending new law makers, but many of those that were sent to slow or stop abuses of governmental overreach were subverted. We must therefore must continue to send principled Constitutional Representatives and Senators to both the State level and the Federal level.
One can only hope the States will become more involved in protecting its citizens and businesses while resisting what the Federal government mandates to them. Even if the States are taken to court as the Federal government has done so in the past.
Educating and enlightening even more of the citizenry is paramount, now more than ever, if we are to turn this perversion of excessive Federal control around. Only educated and enlightened citizens of our Constitution would have a chance to fix this debacle.
So, we have reached another high point in our short history whereby even more controls are needed to buffer in a greater barrier to Federal overreach. New Constitutional Amendments are needed the type that places more controls over the Federal hierarchy.
There is a well written book, along with recommendations for new Constitutional Amendments that one individual has put forth in an easy to read format. That person is steeped in the meaning of the Constitution as a Constitutional lawyer, his name is Mark Levin. His book, The Liberty Amendments: Restoring the American Republic
gives a historical lead-up to each amendment he proposes along with cites that back up his proposals. The States would meet through a Convention of the States, discuss, debate, propose and pass Amendments which would become part of the Constitution without Federal approval.
We can muster up some solace from our present Federal government. They stepped on the gas pedal just a bit too hard beginning in 2009, greedy for more power. Waking many of us out of a dead sleep, but more must be enlightened or we will eventually lose for all time what was carefully crafted, so long ago.