Some clauses of the Constitution are observed, while most are not. Those in force are those that established the three branches, elections, Washington DC as the seat of government, presidential vetoes, etc. I regard these as ‘hard’ clauses, those that are observed and unabused.
On the other hand, most clauses in our Constitution are ‘soft’ in nature, and comprise what James Madison referred to as mere parchment barriers. For instance, soft clauses are among the myriad that deal with regulation of commerce, taxation, free speech rights and the placement of all legislative powers in congress. These, the soft clauses, are disregarded, if not inverted, to serve purposes opposite of their clear intent.
On closer inspection, we’ll find that hard Constitutional clauses typically have an institution or an interest group to defend them. Otherwise, and without defense, they are sure to fall into the soft category.
To keep the entirety of our Constitution in force necessitates institutions designed for the continued defense of hard clauses and renewed defense of soft clauses. For instance, the scotus’ infamous 1942 Wickard v. Filburn opinion regarding interstate commerce did enormous and continuing damage to state sovereignty. Despite the clear wording of the commerce clause and the Tenth Amendment, Wickard or a similar ruling was an eventual certainty since the states had not been in the senate to defend their interests since 1913. A senate of the states had previously ensured the commerce clause remained in the hard clause category. The 17th Amendment doomed many previously hard clauses into soft clause irrelevance. There are other examples.
To the extent that the Second Amendment is intact is not due to its enumeration in the Bill of Rights. The 2A remains in force due to attentive citizen groups who stand ready to render electoral hell on politicians who waver on this fundamental right.
It is only by making power a check on power that liberty may be protected from the ravages of time.
To the extent that the Second Amendment is intact is not due to its enumeration in the Bill of Rights. The 2A remains in force due to attentive citizen groups who stand ready to render electoral hell on politicians who waver on this fundamental right.
It is only by making power a check on power that liberty may be protected from the ravages of time.
Agree with your thoughtful well reasoned post. In my humble opinion, Trump, if successful, will at best claw back and maintain individual liberties at a level seen prior to the 8 year Obama regime.
Hopefully, the torch will be passed to another capable Patriot that can carry on the fight to drain the swamp further and limit government.
Regardless elected officials and bureaucracy, it is my hope the judges Trump appoints will work to reverse the Leftist agenda that has subordinated self-evident truths and right reason necessarily sacrificing individual liberties at the moral relative altar of collectivism, equivocation and diversity...