Sunday, March 21, 2010

Conservative Constitutional America

By Douglas V. Gibbs

The United States Constitution was written specifically with the intention to limit the powers of the federal government. The Founding Fathers feared "big government," and saw a strong, centralized federal government as a danger to the liberties of individuals, and as a pathway to tyranny. If the Founders of this nation were alive today, they would not only be conservatives, but they would even consider more than half of the folks out there that "think" they are conservative as being supporters of a tyrannical government.

The word "conservative," of course, was not the label used for their thinking back then. Interestingly enough, the term used for their "radical" positions was "liberal." Classical liberalism sought to eliminate monarchies, and other governments that used a firm, dictatorial hand to rule over the people.

Governing as statesmen, the early American politicians did not desire to "rule" over the people. Government is a necessary evil, so to speak. A powerful government can be tyrannical, but "no government" is chaos in the form of anarchy. The best way to govern is at the local level, they realized, so the states were their own separate little countries, free to govern themselves as they saw fit, needing only a federal government for protection, and as a means of unifying the various states under one constitution.

The first attempt to write a document that would serve as the law of the land, however, partly due to the fears of a strong central government, turned out to be too weak, and gave the federal government too few powers. The Articles of Confederation left the federal government in a position of being unable to help resolve disputes between the states, ensure that commerce flowed in a regular manner, and defend the Republic. Therefore, reluctantly, the Founding Fathers in 1787 went to work to fix the Articles of Confederation.

After five months of debate, compromises, and intense discussions, the United States Constitution was born. The idea of a limited federal government remained, but the federal government was given the authorities necessary to properly govern the nation as far as the writers could tell. However, since they understood that it was possible they missed something, or that times could change (such as that someday slavery would be outlawed), they left open the opportunity to change the Constitution through amendments. Since they did not want the Constitution changed on a whim, however, the amendment process was not designed to be an easy process. The people would be allowed to hold a convention, propose the amendment(s), and then the amendment would have to be ratified by three fourths of the state legislatures. As an after thought, they added to the beginning of Article Five that the Congress by vote of two-thirds of both Houses could also propose amendments to the Constitution as well.

The U.S. Constitution serves as the law of the land, and the authorities given to the federal government, or denied the states, are carefully enumerated in the document. If the federal government wishes to endeavor in an action that is not given to them as an authority, then an amendment must be passed to allow the federal government to pursue the desired endeavor. Otherwise, the federal government cannot take such actions. The reason is that the states are their own sovereign entities, and it is their own business on how their state is run. The federal government was not set up to have any authority over our lives such as with health care, energy usage, or how we behave. The purpose of the federal government was simply to ensure the states remained connected through a union, and could be defended if under attack. Our federal government was designed to purposely be like no other, because it was the state's whose rights were of the utmost importance.

In the Bill of Rights, just to make sure that there were no questions on the authorities given to the federal government, the ninth and tenth amendments were added. The Ninth Amendment states that the powers to the federal government are enumerated in the Constitution, and the government cannot construe the authorities in a way that goes against those authorities given, and ultimately takes away the rights that are afforded the people. The Tenth Amendment states that if an authority over an issue is not given to the federal government by the Constitution, it is a State issue.

Today's Conservatives recognizes the Constitution, as did the founders, as the Law of the Land. Conservatives recognize that our government must follow the Constitution literally, and that any judicial opinion of the past or present does not alter the meaning of the Constitution, amend the Constitution, nor make or repeal any laws.

When viewing today's issues it is important to look at the issues from two angles: Societal, and Constitutionally. The societal view is a matter of morality, but is not an argument for legal application or government intervention. For example, my moral position may be applied to something I desire society to recognize as a damaging behavior to society, but from a Constitutional point of view I recognize that whatever my moral position, certain freedoms must be afforded, or certain issues must be decided upon by each state individually without federal influence.

Ultimately, Conservatives believe in a limited federal government that provides a strong defense to protect the union of independent, unique, sovereign states. That's it. The whole basis on the existence of the federal government can be summed up in unifying and protecting the states.

A federal government with any more power over the people than that is on the road to becoming a tyranny.

-- Political Pistachio Conservative News and Commentary

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