Thursday, September 29, 2016

Relegating the U.S. Constitution to history’s dustbin.

At CRB Angelo Codevilla writes,
On the Republican side, 17 hopefuls promised much, without dealing with the primordial fact that, in today’s America, those in power basically do what they please. Executive orders, phone calls, and the right judge mean a lot more than laws. They even trump state referenda. Over the past half-century, presidents have ruled not by enforcing laws but increasingly through agencies that write their own rules, interpret them, and punish unaccountably—the administrative state. As for the Supreme Court, the American people have seen it invent rights where there were none—e.g., abortion—while trammeling ones that had been the republic’s spine, such as the free exercise of religion and freedom of speech.

What goes by the name “constitutional law” has been eclipsing the U.S. Constitution for a long time. But when the 1964 Civil Rights Act substituted a wholly open-ended mandate to oppose “discrimination” for any and all fundamental rights, it became the little law that ate the Constitution.

This arbitrary power, whose rabid guard-dog growls and barks: “Racist! Sexist! Homophobic!” has transformed our lives by removing restraints on government. The American Bar Association’s new professional guidelines expose lawyers to penalties for insufficient political correctness. Performing abortions or at least training to perform them may be imposed as a requirement for licensing doctors, nurses, and hospitals that offer services to the general public.

No one running for the GOP nomination discussed the greatest violation of popular government’s norms—never mind the Constitution—to have occurred in two hundred years, namely, the practice, agreed upon by mainstream Republicans and Democrats, of rolling all of the government’s expenditures into a single bill. This eliminates elected officials’ responsibility for any of the government’s actions, and reduces them either to approving all that the government does without reservation, or the allegedly revolutionary, disloyal act of “shutting down the government.”

Rather than talk about how to restrain or shrink government, Republican candidates talked about how to do more with government. The Wall Street Journal called that “having a positive agenda.” Hence, Republicans by and large joined the Democrats in relegating the U.S. Constitution to history’s dustbin.

...Moreover, since the Kennedy reform of 1965, and with greater speed since 2009, the ruling class’s immigration policy has changed the regime by introducing some 60 million people—roughly a fifth of our population—from countries and traditions different from, if not hostile, to ours. Whereas earlier immigrants earned their way to prosperity, a disproportionate percentage of post-1965 arrivals have been encouraged to become dependents of the state. Equally important, the ruling class chose to reverse America’s historic practice of assimilating immigrants, emphasizing instead what divides them from other Americans. Whereas Lincoln spoke of binding immigrants by “the electric cord” of the founders’ principles, our ruling class treats these principles as hypocrisy. All this without votes or law; just power.

Fifty years ago, prayer in the schools was near universal, but no one was punished for not praying. Nowadays, countless people are arrested or fired for praying on school property. West Point’s commanding general reprimanded the football coach for his team’s thanksgiving prayer. Fifty years ago, bringing sexually explicit stuff into schools was treated as a crime, as was “procuring abortion.” Nowadays, schools contract with Planned Parenthood to teach sex, and will not tell parents when they take girls to PP facilities for abortions. Back then, many schools worked with the National Rifle Association to teach gun handling and marksmanship. Now students are arrested and expelled merely for pointing their finger and saying “bang.” In those benighted times, boys who ventured into the girls’ bathroom were expelled as perverts. Now, girls are suspended for objecting to boys coming into the girls’ room under pretense of transgenderism. The mainstreaming of pornography, the invention of abortion as the most inalienable of human rights and, most recently, the designation of opposition to homosexual marriage as a culpable psychosis—none of which is dictated by law enacted by elected officials—is enforced as if it had been. No surprise that America has experienced a drastic drop in the formation of families, with the rise of rates of out-of-wedlock births among whites equal to the rates among blacks that was recognized as disastrous a half-century ago, the near-disappearance of two-parent families among blacks, and the social dislocations attendant to all that.

... devotion to truth means not reporting on Donald Trump and people like him as if they or anything they say might be of value.

If trying to persuade irredeemable socio-political inferiors is no more appropriate than arguing with animals, why not just write them off by sticking dismissive names on them? Doing so is less challenging, and makes you feel superior. Why wrestle with the statistical questions implicit in Darwin when you can just dismiss Christians as Bible-thumpers? Why bother arguing for Progressivism’s superiority when you can construct “scientific” studies like Theodor Adorno’s, proving that your opponents suffer from degrees of “fascism” and other pathologies? This is a well-trod path. Why, to take an older example, should General Omar Bradley have bothered trying to refute Douglas MacArthur’s statement that in war there is no substitute for victory when calling MacArthur and his supporters “primitives” did the trick? Why wrestle with our climate’s complexities when you can make up your own “models,” being sure that your class will treat them as truth?

...Thus has come to pass what President Dwight Eisenhower warned against in his 1960 Farewell address: “A steadily increasing share [of science] is conducted for, by, or at the direction of, the Federal government.… [T]he free university, historically the fountainhead of free ideas and scientific discovery, has experienced a revolution…a government contract becomes virtually a substitute for intellectual curiosity.” Hence, said Ike, “The prospect of domination of the nation's scholars by Federal employment, project allocations, and the power of money is ever present—and is gravely to be regarded.” The result has been that academics rise through government grants while the government exercises power by claiming to act on science’s behalf. If you don’t bow to the authority of the power that says what is and is not so, you are an obscurantist or worse.

Who, a generation ago, could have guessed that careers and social standing could be ruined by stating the fact that the paramount influence on the earth’s climate is the sun, that its output of energy varies and with it the climate? Who, a decade ago, could have predicted that stating that marriage is the union of a man and a woman would be treated as a culpable sociopathy, or just yesterday that refusing to let certifiably biological men into women’s bathrooms would disqualify you from mainstream society? Or that saying that the lives of white people “matter” as much as those of blacks is evidence of racism? These strictures came about quite simply because some sectors of the ruling class felt like inflicting them on the rest of America. Insulting presumed inferiors proved to be even more important to the ruling class than the inflictions’ substance.

...Hillary Clinton’s attack on Trump supporters merely matched the ruling class’s current common sense. Why should government workers and all who wield the administrative state’s unaccountable powers not follow their leaders’ judgment, backed by the prestige press, about who are to be treated as citizens and who is to be handled as deplorable refuse? Hillary Clinton underlined once again how the ruling class regards us, and about what it has in store for us.

...Trump’s propensity for treating pronouncements on policy as flags to be run up and down the flagpole as he measures the volume of the applause does not deprive them of all significance—especially the ones that confirm his anti-establishment bona fides. These few policy items happen to be the ones by which he gained his anti-establishment reputation in the first place: 1) opposition to illegal immigration, especially the importation of Muslims whom Americans reasonably perceive as hostile to us; 2) law and order: stop excusing rioters and coddling criminals; 3) build a wall, throw out the illegals, let in only people who are vetted and certified as supporters of our way of life (that’s the way it was when I got my immigrant visa in 1955), and keep out anybody we can’t be sure isn’t a terrorist. Trump’s tentative, partial retreat from a bit of the latter nearly caused his political standing to implode, prompting the observation that doing something similar regarding abortion would end his political career. That is noteworthy because, although Trump’s support of the pro-life cause is lukewarm at best, it is the defining commitment for much of his constituency. The point here is that, regardless of his own sentiments, Trump cannot wholly discount his constituencies’ demands for a forceful turn away from the country’s current direction.

We have stepped over the threshold of a revolution. It is difficult to imagine how we might step back, and futile to speculate where it will end. Our ruling class’s malfeasance, combined with insult, brought it about. Donald Trump did not cause it and is by no means its ultimate manifestation. Regardless of who wins in 2016, this revolution’s sentiments will grow in volume and intensity, and are sure to empower politicians likely to make Americans nostalgic for Donald Trump’s moderation.
Read more here.

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