Just Enforce the Constitution We Have
By Rodney Dodsworth – April 6, 2016
A contingent among those who oppose an Article V state convention to propose Constitutional amendments declare that all that need be done is just enforce the Constitution we have.
Well, we actually have more than one Constitution to consider.
There is the written, de jure Constitution that anyone can view through a simple internet search at any time. Picking up where the central themes of the Declaration of Independence left off, the Preamble to our Constitution sets forth the broad purpose of a free people’s government. Society came together to improve upon the Articles of Confederation, establish Justice, keep domestic peace, defend the nation from foreign threats, promote the well-being of society, and secure the God-given blessings of a government whose foundation is Natural Law and the consent of the governed.
All that followed, all the particulars in the rest of the Constitution, served the purposes set forth in the preamble. Means followed ends. The structure of government remains today as it did in 1789. There is a congress, president and supreme court. Elections are held every two years.
However, a quick study of this wonderful document brings the reader to a few troubling conclusions. Within the surviving structural form of our government, little else remains. The government described in the written Constitution bears little practical resemblance to the one the reader sees and experiences. In the background of the de jure Constitution works another Constitution.
The reader will conclude that our Constitution has been amended. The changes are not just in the form of tangible, written alterations. Upon a little more reflection, he might realize that the source of these unwritten amendments emerged from the institution created by Article III rather than Article V of the Constitution.
This de facto Constitution, the one actually in effect, operates without regard to the purposes of government set forth in the Preamble. The most prominent feature of this living and breathing Constitution is the widespread reassignment of Article I and Article V powers. In the place of statutes, unaccountable executive branch administrators issue regulations. Instead of working through the laborious and time consuming features of Article V, scotus opinions amend the Constitution. So, over the course of the past century, statutory and supreme lawmaking powers of Article I and Article V have been hijacked and placed within the institutions of Articles II & III.
It is why enforcement of the de jure Constitution via the democratic process is impossible; supreme lawmaking is isolated from the influence of elections.
Since there is no end to social justice, continuing scotus raids on the supreme law and society are a certainty. Ditto for executive branch agencies that can issue regulations without congressional approval.
In order to correct these outrages, it is time to appeal to higher law. Perched above statutes and constitutions are the Laws of Nature and Nature’s God. While scotus has assumed sovereign powers to amend the supreme law of the land, We The People will always have the unalienable and God-given right to frame our government as we see fit.
Our options are either a peaceful state amendments convention or slavery.
Freedom or slavery, it is our choice. My selection is the state derived amendments convention alternative within Article V.