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The U.S. is on a glidepath to an existential crisis.
At some point, our Constitution will have been so undermined that it won’t be a foundation upon which classical liberalism, natural law, inalienable rights, property rights, and sovereignty of individuals and states can stand. Attacks come from totalitarian forces of progressive fascism, communism, globalism, and sharia law.
Progressivism is an ideology knowing no limits; the embrace of socialism wedded to violence (see here and here) colors this movement as fascist. Washington, D.C. progressive fascists don’t acknowledge it, but Chinese communists have been at war against the U.S. for decades now (see here, here, here). Attacks are imperialistic (e.g. New Silk Road, a.k.a. the One Belt, One Road Initiative), medical, economic, cultural, personal, and political (see here, here).
Globalism is defined here as the march to supranational government organizations which, consistent with elite sensibilities, are preferably unelected and unaccountable to the people. EU and U.N. progressive fascism are self-evident.
Sharia law defines a totalitarian system synthesizing politics with religion wherein all other laws and belief systems are subsumed. Everyone can now observe for themselves characteristic Muslim violence, antisemitism, and anti-Zionism expressed on college campuses in the U.S. and across the world. Opposition to Sharia law has nothing to do with Islamophobia, but rather Islamabdico: disapproval of totalitarian behaviors.
As a prominent example of unconstitutional world governance overreach, WHO’s Pandemic Agreement treaty purports to establish international domination over medical crises by means of unilateral declaration of health emergencies. Also, the Paris Agreement aims to destroy capitalist economies with unreliable, uneconomical, and environmentally unfriendly energy generation schemes. And, there are U.N. courts and other world courts determined to undermine the U.S. federal government, state governments, and American citizen individual sovereignties by ignoring our Constitution. Finally, NATO entanglements proliferate while taxpayers hemorrhage.
However, nothing trumps the U.S. Constitution.
Our Constitution details the ways in which the Constitution may be amended. Neither treaties nor statues are recognized by the Constitution as a legitimate means to modify the Constitution. This means all legitimate treaties, statutes, judgments, executive orders, and regulations must conform to the U.S. Constitution including protections of state and individual rights and initiatives while acknowledging limitations on government authority and power.
Supreme Court Justice Robert H. Jackson said, “The Constitution is not a suicide pact.” This means progressive and totalitarian forces can’t hide behind constitutional rights or international proclivities as they work to undermine it. There are legitimate and constitutional means in which to retard and repel totalitarian inroads. Actions need to start immediately.
To preserve our constitutional republic, the federal government must stop funding all initiatives undermining this country and its historic values. Funding should be eliminated for Marxist critical theory (e.g. CRT, DEI, ESG, gender theory, etc.) implementation and promulgation (e.g. through our own government, into the hydra known as the U.N., WEF, and supporting nonprofits and NGOs), for Trojan horses such as climate change emergencies spurring energy costs skyward and aiming to destroy unfavored industries and coercing consumers into buying inferior products they wouldn’t otherwise voluntarily purchase, and for the multitude of expenditures that are inconsistent with the limited powers granted the federal government. Expenditures for the military industrial complex, censorship industrial complex, medical/pharmaceutical industrial complex, federal police state, and NATO should be on the chopping block. Immigration should keep out people with totalitarian beliefs or coming from totalitarian lands, and deportations should be highest priority for such immigrants. Student visas from such places should be eliminated. High tariffs should be applied selectively to Chinese direct imports and also to indirect imports through other countries attempting to hide product sourcing. Finally, and perhaps most importantly, Congress must assert its constitutional prerogative to be the only branch of government passing legislation.
Chief Justice John Roberts’ Major Questions Doctrine doesn’t go far enough. For completeness, there needs to be a complementary Minor Questions Doctrine. Currently, all Executive orders issued impacting anyone outside of the executive branch and all regulations published in the Federal Register are unlawful because they are unconstitutional. They are unauthorized legislation created outside of Congress.
The last two Democrat presidents have issued a plethora of unconstitutional executive orders impacting American citizens because they knew there was neither legislative nor popular backing. They dare court challenges to reverse unlawful tyrannical decrees. Similarly, the bureaucratic state may not issue rules having the effect of law. This is a difference without a distinction to passing legislation, for which bureaucracies are unauthorized. Rather, all executive orders and prospective regulations must be submitted to Congress as proposals for legislation putting the onus on Congress to legitimize them.
In Marbury v. Madison, in 1803, Chief Justice John Marshall declared the Supreme Court had authority to decide if the actions of others were constitutional. But, when the Supreme Court itself engages in unconstitutional actions, then they must be held accountable by elected representatives. It must be recognized the totalitarianism of progressive fascism and Sharia law are incompatible with the classical liberalism and natural law of our Constitution. For Justices with especially egregious or repetitive unconstitutional behaviors, the response should be Congressional censure or else impeachment and removal from the bench. The bench has activist candidates qualified for dismissal now.
The U.S. Supreme Court has a long history of unconstitutionally legislating from the bench. The best known recent example is Roe v. Wade. After 50 years, the Supreme Court finally acknowledged their judicial legislation was in error and they reverted to conformance to the Constitution which endows states with the authority to decide abortion limits.
However, even in overturning Roe, the Supreme Court didn’t go far enough because our Declaration of Independence and Constitution both acknowledge the right to life. That being the case, states may decide abortion limits but only with severe constraints because of the right to life of the unborn; this suggests the only constitutional abortion laws passed by states are either complete bans or else those specifying abortion is legal only if the life of the mother is in jeopardy.
In any case, when the Supreme Court legislates from the bench, as was done with Obergefell and Bostock, then it is incumbent upon Congress and all states to condemn the Supreme Court decision as illegitimate because of unconstitutionality. This is to say, the Supreme Court does not have the final say, particularly for their own actions, on what is constitutional or not.
To avoid the existential crisis our country faces we must get to much smaller government by passing only appropriations bills at the activity and program level. Entire government programs, offices, commissions, agencies, bureaus, departments, and administrations should be defunded completely. It is imperative to recognize that Congress, and elected Republicans for the last two years in particular, are responsible for monetary inflation caused by deficit spending. Baseline budgeting should be eliminated so politicians feel the political heat for raising government spending for the inflation they’ve caused. All earmarks should be prohibited as being outside the core mission.
There is a way for our country to turn away from the abyss but first we must recognize the problem and acknowledge drastic corrective action is required. The alternative is extinguishing of light and descent into darkness.
Image: Pixabay / Pixabay License
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