James Leroy Wilson's blog

Wednesday, June 08, 2005

The Constitution's Paradox

The outrage of Gonzalez v. Raich is not necessarily Constitutional, but rather moral; even if Scalia (to hell with Stevens and the other "liberal" fascists - I have zero regard for their opinion) has the better argument than O'Connor and Thomas, that just shows that the Constitution itself is defective. If it is indeed correct that the "commerce clause" and "necessary and proper clause" of the Constitution empowers the federal government to regulate what people grow and injest on their own property, then the Supreme Court isn't to blame for this decision. But, like the Mexican War, the Spanish-American War, and World War I, it shows that moral catastrophes can occur even under the authority of the Constitution. And that it isn't as great in protecting our rights as has been advertised. Heck, it even means that the rest of the Constitution, including the Bill of Rights, didn't need to be written. "Necessary and proper" means "unlimited government." In this line of thought, the Constitution not only utterly failed to check tyranny in this case, but actually authorizes and affirms tyranny.

On the other hand, if O'Conner and Thomas are correct and the federal government's circumvention of state law in this case is unconstitutional, this is just further evidence that all three branches of government are operating outside and against the Constitution. Which makes officials of the federal government lawless tyrants, enemies of the American people.

Neither conclusion inspires much faith in our system of government, or hope for restoration and expansion of liberty.

1 comment:

  1. Anonymous4:11 AM PDT

    Although I enjoy reading blogs such as your's, it is primarily for the
    entertainment value. As Fred Reed would doubtless agree, the cause is lost, and the USA you remember will not likely return, if it ever existed
    in the first place. Nonetheless, the right thing to do, instead of using
    one's energies on a lost cause, why not educate people on how to find a
    better country to move to? Fred got the hell out of this rotting corpse
    and moved to Mexico. I'm not so sure
    about Mexico, but perhaps Switzerland? A mistake commonly made
    by lovers of personal liberty is to
    assume it must be found only in the US. Says who? Why not take a chance and get out while you still can? It is not a shame to expatriate. You might
    want to check Fred's site at
    and give it some thought.