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Sunday, June 9, 2013

Are Today's Politics Injurious to Our Constitutional Liberties?

Nowhere in our Constitution are political parties mentioned. The founding fathers saw them as contrary to good government. They realized (and hasn't history shown us?) that political parties arouse public passions leading to politically expedient solutions.

During times of crises--real or imagined--the Executive often easily assumes greater power. And so we have seen the passage of the Patriot Act after 9/11 and the increasing surveillance of American citizens. Going back to the early 1900's, there have been steady accumulations of power by over 2000 separate agencies, boards, commissions and departments (not including czars). Each of these has established a "new normal" which then becomes the basis for change for yet another crises.

As we have seen this past week, some changes were made to governmental authority without the Congress' or public's knowledge. As stated in the New York Times editorial of 6/6/13 regarding NSA data gathering:

     "Mr. Obama is proving the truism that the executive will use any power it is given and very likely abuse it."

Our Constitution provides limits to government power. The government is granted ONLY those powers specifically enumerated. To underscore this very point, the first ten amendments (The Bill of Rights) lists those freedoms that the government shall not infringe. Lest there be any doubt of the limits to government power, Amendment X states:

     "The powers not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Apropos of the current controversies, Amendment IV says:

     "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Current activities in data collection by the NSA, IRS, FBI and potentially HHS (and the IRS) in administering the Affordable Care Act call into question their actual and potential infringements on our Constitutional liberties. The founding fathers understood that power can be abused and sought to limit its impact. On any grant of power, we must be vigilant, not only for its immediate effects but also its potential for misuse by future administrations. 

1 comment:

  1. Well written article Norm. I recall what Ben Franklin said so many years ago, it goes something like this: those who give up their freedoms for the sake of safety, will have neither......I recall "candidate" Obama ( a totally different person in reality) attacking George W. Bush over the Patriot Act. Yet we know now, Obama has actually expanded beyond what one could imagine, the very programs the "candidate" opposed. You hit the nail on the head in your second paragraph which is well connected with the last paragraph. Power can and IS being abused and the Obama regime makes Nixon look like a Saint......The case for impeachment increases day by day.

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