Categories
ideological culture U.S. Constitution

Dead Document?

Could it be? We do not live under the Constitution of the United States. The document has been a dead letter for a century, maybe longer.

Ours is a Post-​Constitutional America.

Surely, there have been great moments of executive usurpation.

Andrew Jackson, in defiance of the Supreme Court, and against all normal principles of law and justice, removed the Cherokee from their agrarian holdings in Georgia and contiguous southeastern United States, sending them marching to Oklahoma. The Supreme Court said his order was unconstitutional. Jackson’s response? Not really much different from “nyah nyah, nyah nyah, nyah nyah.”

Much of the Civil War and Reconstruction was undertaken on the shakiest of constitutional grounds. And then came the “great progressive” presidents.

Republican Teddy Roosevelt and Democrat Woodrow Wilson defied the explicit intent of the Constitution’s authors — as written in The Federalist as well as in the state houses that adopted the new compact. Both presidents construed the Constitution as authorizing the federal government to do pretty much darn near anything not explicitly forbidden in the document.

That was not the original understanding.

And then there is war. The U.S. Congress hasn’t declared an explicit war since World War II. But we’ve been in a never-​ending string of wars.

With Obama, the post-​constitutional prevarication has reached new … effrontery. The current president says that, though he had previously declared the “Iraq War” a done deal, over, finito, he now says his new attacks upon ISIS are constitutionally justified by 2002’s Authorization for Use of Military Force against Iraq.

“Post-​constitutional”? It means our leaders are liars, beyond the law.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture national politics & policies too much government

A Too-​Clever Prez?

“It’s all right in politics to be clever,” said George F. Will last week, “but you don’t want to look like you’re trying to be clever, because that looks tricky and sneaky.”

Will, who has recently jumped ship from ABC to Fox News, was identifying the autocratic nature of current national politics. He did this on his premiere appearance on Fox’s The Kelly File, starring Megyn Kelly.

“And, in fact, as the president continues to waive this and suspend that in the exercise of what he calls ‘enforcement discretion,’ the American people are beginning to feel that the law is in constant flux. And if the law is in constant flux … there is no law.…”

In a Washington Post column earlier in the week, Will identified the president’s personal flaw at the heart of the tragedy. Obama has always thought of himself as an extremely clever fellow, and as a result of his (perhaps undue) self-​esteem, has often been bored. Bored, even, with competence.

For Ms. Kelly’s audience, Will painted the problem in the broader context of Democratic Progressivism. It’s been a hundred years since the disastrous reign of Woodrow Wilson, another clever fellow hailing from the Ivy Leage. Obama’s parallels with Wilson are apparent, and it’s no wonder that “Obamacare is collapsing under the weight of accumulated cleverness,” Will states, perceptively — well, at least echoing what I wrote a few weekends ago on Townhall​.com.

America doesn’t need super-​clever (much less faux-clever) leaders. The country, on the brink of insolvency, needs wise ones.

But Barack Obama, self-​diagnosed clever person, seems more interested in appearance than reality, and is, in the end, merely tricky and sneaky.

This is Common Sense. I’m Paul Jacob.