Our Constitution worked successfully for almost 200 years until a litany of newly perceived pseudo-rights burst upon the scene, devaluing our core historical rights.
How did we transition from a generally accepted interpretation of the Constitution to where we are today, where almost anything can be inferred?
By corrupting or diminishing core tenets and understanding of the Constitution, we have created discord and distrust in our court systems that will deliver you any answer you want if you shop the right court or judge in our court system. Millions of individuals see what is happening as intentional and contrived, with an end game of weakening our country and seeding the ground for what’s to come. Fundamentally divisive decisions like Dobbs and Censorship on Social Media, to name a few, have polarized the Supreme Court.
Our best judges were once honored and revered; no more, they are fair game no matter your side.
This is another price we pay for the expansion of fake constitutional rights. Many of the same reasons people go to court today existed previously, but they were handled differently and frequently did not require a judicial answer. We often accepted existing standards and decisions that governed our business and personal lives or made compromises that allowed us to move on. The sheer volume of litigation today has overwhelmed a system of justice and equity that primarily delivers process instead of a satisfying result.
Are we asking too much of our judges? The court system is effectively filling in for Congress too often.
The criminal justice system is on its back today, with fewer than 3% of federal and 2% of state prosecutions going to trial. Why? The system is overwhelmed, and some innocent defendants accept plea deals because they can’t afford to defend themselves, or to reduce uncertainty.
On the civil side, an explosion of regulatory, employment, and personal injury claims is hurting all of us through higher prices for products, insurance, and an ever-escalating cost of doing business … inflation is now a permanent reality thanks, in part, to our legal system.
Clogged courts, especially at the federal level, are forced to deal with novel and frequently spurious claims from an endless number of special interest groups. Together, competing claims in different courts on both sides of virtually every issue create a debilitating cognitive dissonance that never seems to be resolved, nor can it.
Let me use a parallel to explain: Basic patents are for game-changing ideas like the light bulb, transistor chip, jet engines, and the invention of radio. All other patents granted are for incremental or novel improvements to Basic Patents. The rate of new basic patent applications is sharply down. And, so, it is with law.
Most lawsuits in the first 150 years of our country dealt with property and personal rights. The Founders considered property rights to be as important as individual rights. Property rights came under attack after the implementation of the New Deal, and such rights have eroded steadily ever since.
Both Congress and the Courts have been inventing “new rights” ever since. The underlying question is whether we can create a “right” out of thin air just because a special interest group demands it. There should be no doubt that in doing so, frequently, half the population feels either empowered or disenfranchised, depending on the side they support. Consequently, we must understand that too much tinkering with constitutional law and its interpretation can have the unintended side effect of creating nothing more than a rallying cry for this or that group disaffected by whatever decision or law is created.
This is the root cause analysis of why our country is so divided today.
Some see righting every significant wrong as ethical, proper, and essential. On the other hand, there are costs through taxation or overhead drag for the expansion of unlimited rights. Instead of enlarging the pie, we find ourselves unable to do the things we must nimbly, economically, and efficiently.
God forbid we had to build the Interstate Highway System again, TVA, or thousands of public or private projects, including going to the moon. Our technical expertise is in doubt, as we have a capsule stranded at the International Space Station after a flawed 15-year development.
Do you believe that if we granted everyone their wishes, we would still be the nation that was so successful vs. now when we seem so broken and feeble?
Joe Biden’s infirmity is a sad testament to how far we have fallen. There is a correlation between the fake expansion of rights and the downward trajectory of our country. As stated earlier, there is a societal cost in criminality, economic output, and the quality and even the usefulness of graduates from our schools that you can readily see if you take off your rose-colored glasses and make a frank assessment of our strengths and weaknesses that find us wanting. The current political process is a reflection of underlying problems.
Like any good alcoholic, we likely will have to hit bottom before we are ready for the medicine required for a comeback. Unfortunately, many lawyers and politicians must be shown the door for that to happen. Always remember that process is not the objective. Justice protecting individuals and their property rights must remain supreme and not subservient to a political or adversarial process that elevates nonsense. I wonder what will restrain the tidal wave of litigation we face; perhaps Great Britain’s loser pays rule?
God Bless America.
Allan J. Feifer is a patriot, author, businessman, thinker, and strategist. Read more about Allan, his background, and his ideas to create a better tomorrow at www.1plus1equals2.com.
Image: Pixabay / Pixabay License
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