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The author erects a straw man and knocks it down. The fact is it does not matter if the Constitution has been "officially suspended".

Joe Sobran summed it up well:

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.

For all that, we no longer fully have what our ancestors, who framed and ratified our Constitution, thought of as freedom — a careful division of power that prevents power from becoming concentrated and unlimited. The word they usually used for concentrated power was consolidated — a rough synonym for fascist. And the words they used for any excessive powers claimed or exercised by the state were usurped and tyrannical. They would consider the modern “liberal” state tyrannical in principle; they would see in it not the opposite of the fascist, communist, and socialist states, but their sister.

If Washington and Jefferson, Madison, and Hamilton could come back, the first thing they’d notice would be that the federal government now routinely assumes thousands of powers never assigned to it — powers never granted, never delegated, never enumerated. These were the words they used, and it’s a good idea for us to learn their language. They would say that we no longer live under the Constitution they wrote. And the Americans of a much later era — the period from Cleveland to Coolidge, for example — would say we no longer live even under the Constitution they inherited and amended.

I call the present system “Post–Constitutional America.” As I sometimes put it, the U.S. Constitution poses no serious threat to our form of government.

What’s worse is that our constitutional illiteracy cuts us off from our own national heritage. And so our politics degenerates into increasingly bitter and unprincipled quarrels about who is going to bear the burdens of war and welfare.

Regards

J.R.

"If Washington and Jefferson, Madison, and Hamilton could come back, the first thing they’d notice would be that the federal government now routinely assumes thousands of powers never assigned to it — powers never granted, never delegated, never enumerated."

EXACTLY!! It's amazing how many folks have a problem gettin' their heads around that simple statement of fact...the Federal Guv'ment has become unaccountable to the Constitution each temporarily-elected resident swears an Oath to Protect.

Excellent post, mi amigo...MUD