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Theses of Reform of the Constitution Party–#10

December 19th, 2017
Theses of Reform of the Constitution Party–#10

10.  Stop with the incessant unfounded accusations of “unconstitutional.”

a.  Despite the obtuse and reflexive accusations repeatedly shouted by the national CP at every will-o-the-wisp from the Tidal Basin in Washington, D.C., not everything done in Congress is “unconstitutional”. Furthermore, the national CP’s interpretations of the Constitution are NOT the sole repository of all constitutional knowledge, or understanding or wholesomeness. It does not hold a monopoly; nothing close…not based on the evidence.

b.  Two examples where the national CP’s demagoguery does not reconcile with the constitutional record —federal support of public education and a tariff based federal tax system—were brought up at Albuquerque in October 2015. A third incredulous example— that federal land title is “unconstitutional”—has consistently been debunked by CP-Idaho.

c.  More to the point, the national CP is not the only—or even the best—“interpreter” of the Constitution and its intent.  It should be noted that on January 5, 2011 conservatives in the U.S. House of Representatives adopted a rules amendment—specifically House Rule XII, clause 7( c), which requires all bills (H.R as well as H.J.R.) to provide a Constitutional Authority Statement, and to declare “as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution.”  Since 2011, this authority, and in some cases with exacting specificity, has been declared on bills passing out of Congress.

d.  Thus to borrow a folk idiom, regarding “the” correct interpretation of the Constitution, “It all depends on whose ox is being gored.” It is hubris and arrogant—and greatly dishonest—to presume (and to market) that only the national CP commands the oracle upon constitutional law or its interpretation.  It does not.

e.  Continuing to shout “unconstitutional” from the rooftops greatly discredits the national CP, especially when the national CP in its turn cannot show very much in the way of cause. When the national party offers no tangible and no specific alternative legislation, it is bankrupt of workable solutions. And solutions (which are not the same as resolutions) are the only true currency of competent governance.  Without any, the national party has nothing, despite its misleading shouts.

f.  To date, national CP has only proved that it is utterly bereft of competence. Little wonder it is roundly dismissed. The public rightly has no reason to install the national CP into its government until the CP can provide at least some iota of tangible currency somewhere. National CP will forever be marginalized when the sum of its entire position is nothing more than the bitter mantra and contemptuous cliché of “Unconstitutional!” shouted out indecorously in response to everything, from the drop of a hat to the booga-bear of gold fringe on a parade flag.  It is all hat, no cattle.  Fringe is definitely the operative word.

g.  In any case, it is also cowardly.  It shirks its political duties. It has adopted an easy cheapskate method–do nothing beyond yell Unconstitutional at everything–to paper over the corrupted fact that the national party lacks the capacity to earn its own political capital.  National CP has lazily dismissed the required investments of time and effort—of sweat equity.  Oddly, its delusion is that it possesses sufficient latent talent to the point that it need not work out, or exercise.  That it is entitled.  It doesn’t, and it isn’t.  Here’s a clue:  Get off your bench splintered bekeester if you expect to get in the game.  Believe it or not, the Public is the actual coach here.  And Coach Public will flat out NOT put the national CP in the game until the national CP can demonstrate that it has the rudimentary skills necessary to play at the big league national level.  It must demonstrate to Coach Public that it has the drive and desire to compete for real; not just to play act at it.  The national CP must prove its competency in creative routes; it must work and drill on precise skills; it must create relevant meaningful solutions to the myriad of difficult issues that face America today.

h.  The so-called wisdom of responsively shouting “unconstitutional”—whether right or wrong—is much like the boy in Aesop’s Fable who shouted wolf too many times. People will tire of running up to the national CP only to find nothing there…nothing but a shout of “Unconstitutional!” and no evidence anywhere in sight that the national CP even knows what it’s shouting about.  National CP will inevitably be discarded as claptrap, just like the false shepherd boy was—it will be dismissed as nothing more than childish ideology without substance, an inept and enfeebled finger-pointing bitter fringe group which, despite the vociferous shouting, has no solutions of any kind, and little if any discernible purpose beyond trying to fool as many People as it can.

i. Intangible dogma is not a substitute for tangible policy.  Everyone will learn, eventually, that such currency is counterfeit.  You cannot fool all of the People all of the time, as President Lincoln said.  And you cannot escape doing the difficult work that is required to earn your place on the national political field.  Earn.  You don’t just get there by osmosis.  Just because you say it is so, does not make it so…however loud you shout it.  Besides, when it is so, having been yelled so many times by then…nobody’s going to be listening to you, as that shepherd boy discovered.

One Response To This Post

  1. Floyd Whitley Says:

    It also bears noting that the Constitution itself is somewhat “broadly written” in places…the most infamous being “provide for the general welfare”. But two clauses–the appropriation power and the spending power–are wide enough to drive a fleet of semi tractors and trailers through them.

    For example, the recent resolution to avoid government shutdown before December 22nd. The Constitutional Authority Statement [Congressional Record Volume 163, Number 197 (Monday, December 4, 2017)] as drafted by sponsor Mr. FRELINGHUYSEN:

    “H.J. Res. 123. Congress has the power to enact this legislation pursuant to the following:

    The principal constitutional authority for this legislation is clause 7 of section 9 of article I of the Constitution of the United States (the appropriation power), which states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . .”

    In addition, clause 1 of section 8 of article I of the Constitution (the spending power) provides: “The Congress shall have the Power . . . to pay the Debts and provide for the common Defence and general Welfare of the United States..”

    Together, these specific constitutional provisions establish the congressional power of the purse, granting Congress the authority to appropriate funds, to determine their purpose, amount, and period of availability, and to set forth terms and conditions governing their use.”

    Thus, the national CP does not have a monopoly on “interpretation” and “intent” of the Constitution.

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