I was looking for something else and stumbled onto this. I found it to be a pretty good summary of the chain of events that has brought us to where we are now. Below are some highlights and the link. I know I’ve missed some of the gems of the piece in my posting, but I wanted to give you the feel of it.
How Tyranny Came to America *
**One of the great goals **of education is to initiate the young into the conversation of their ancestors; to enable them to understand the language of that conversation, in all its subtlety, and maybe even, in their maturity, to add to it some wisdom of their own.
The modern American educational system no longer teaches us the political language of our ancestors. In fact our schooling helps widen the gulf of time between our ancestors and ourselves, because much of what we are taught in the name of civics, political science, or American history is really modern liberal propaganda. Sometimes this is deliberate. Worse yet, sometimes it isn’t. Our ancestral voices have come to sound alien to us, and therefore our own moral and political language is impoverished. It’s as if the people of England could no longer understand Shakespeare, or Germans couldn’t comprehend Mozart and Beethoven.
So to most Americans, even those who feel oppressed by what they call big government, it must sound strange to hear it said, in the past tense, that tyranny “came” to America. After all, we have a constitution, don’t we? We’ve abolished slavery and segregation. We won two world wars and the Cold War. We still congratulate ourselves before every ballgame on being the Land of the Free. And we aren’t ruled by some fanatic with a funny mustache who likes big parades with thousands of soldiers goose-stepping past huge pictures of himself.
Consider this. We have recently had a big national debate over national health care. Advocates and opponents argued long and loud over whether it could work, what was fair, how to pay for it, and so forth. But almost nobody raised the basic issue: Where does the federal government get the power to legislate in this area? The answer is: Nowhere. The Constitution lists 18 specific legislative powers of Congress, and not a one of them covers national health care.
As a matter of fact, none of the delegated powers of Congress — and delegated is always the key word — covers Social Security, or Medicaid, or Medicare, or federal aid to education, or most of what are now miscalled “civil rights,” or countless public works projects, or equally countless regulations of business, large and small, or the space program, or farm subsidies, or research grants, or subsidies to the arts and humanities, or … well, you name it, chances are it’s unconstitutional. Even the most cynical opponents of the Constitution would be dumbfounded to learn that the federal government now tells us where we can smoke. We are less free, more heavily taxed, and worse governed than our ancestors under British rule. Sometimes this government makes me wonder: Was George III really all that bad?
Let’s be clear about one thing. Constitutional and unconstitutional aren’t just simple terms of approval and disapproval. A bad law may be perfectly constitutional. A wise and humane law may be unconstitutional. But what is almost certainly bad is a constant disposition to thwart or disregard the Constitution.
The Constitution was the instrument by which the American people granted, or delegated, certain specific powers to the federal government. Any power not delegated was withheld, or “reserved.” As we’ll see later, these principles are expressed particularly in the Ninth and Tenth Amendments, two crucial but neglected provisions of the Constitution.
Let me say it yet again: The rights of the people come from God. The powers of government come from the people. The American people delegated the specific powers they wanted the federal government to have through the Constitution. And any additional powers they wanted to grant were supposed to be added by amendment.
It’s largely because we’ve forgotten these simple principles that the country is in so much trouble. The powers of the federal government have multiplied madly, with only the vaguest justifications and on the most slippery pretexts. Its chief business now is not defending our rights but taking and redistributing our wealth. It has even created its own economy, the tax economy, which is parasitical on the basic and productive voluntary economy. Even much of what passes for “national defense” is a kind of hidden entitlement program, as was illustrated when President George Bush warned some states during the 1992 campaign that Bill Clinton would destroy jobs by closing down military bases. Well, if those bases aren’t necessary for our defense, they should be closed down.
Unfortunately, the next generation of collectivists would be less candid in their contempt for the federal system. Once they learned to feign devotion to the Constitution they secretly regarded as obsolete, the laborious formality of amendment would no longer be necessary. They could merely pretend that the Constitution was on their side. After Franklin Roosevelt restaffed the Supreme Court with his compliant cronies, the federal government would be free to make up its own powers as it went along, thanks to the notion that the Constitution was a malleable “living document,” whose central meaning could be changed, and even reversed, by ingenious interpretation.
Roosevelt’s New Deal brought fascist-style central planning to America — what some call the “mixed economy” but Hilaire Belloc called the Servile State — and his highhanded approach to governance soon led to conflict with the Court, which found several of his chief measures unconstitutional. Early in his second term, as you know, Roosevelt retaliated by trying to “pack” the Court by increasing the number of seats. This power play alienated even many of his allies, but it turned out not to be necessary. After 1937 the Court began seeing things Roosevelt’s way. It voted as he wished; several members obligingly retired; and soon he had appointed a majority of the justices. The country virtually got a new Constitution.
Roosevelt’s Court soon decided that the Tenth Amendment was a “truism,” of no real force. This meant that almost any federal act was ipso facto constitutional, and the powers “reserved” to the states and the people were just leftovers the federal government didn’t want, like the meal left for the jackals by the satisfied lion. There was almost no limit, now, on what the federal government could do. In effect, the powers of the federal government no longer had to come from the people by constitutional delegation: they could be created by simple political power.