Rule of Law

The Coming War Over the Constitution

The Coming War Over the Constitution
Rally in Union Square Park in New York, NY, on August 27, 2017. (Photo by Albin Lohr-Jones)(Sipa via AP Images)

If you think things are bad now, just wait a bit. It’s about to get worse, much worse.

A war is coming over the Constitution between those who would defend it and those who find it a nuisance. I’ll get to that in a moment.

I am reminded of the Star Trek episode “The Omega Glory,” and the almost comic role of the United States Constitution in the storyline. The Enterprise crew is entangled in the affairs of warring factions on planet Omega IV: On one side are the Yangs, and the other the Kohms. Even Spock couldn’t help but notice the similarity to Yankees and Communists.

The Yangs possess a sacred document they call the “E Plab Neesta.” After defeating the Yangs (at least Gene Roddenberry got that prediction right), Captain Kirk demands to see the E Plab Neesta.

It turns out E Plab Neesta is actually “We the People,” and the sacred document is the United States Constitution. But the Yangs have, as Kirk put it, “slurred the meaning” of the words even beyond “We the People.” They turned the Constitution into a mess, using it to benefit some but not others. To the Yangs, the Constitution had lost its original meaning and become whatever the Yangs wanted it to be:

Sound familiar?

It sounds a lot like the how the opponents of President Trump’s Supreme Court Justice nominee Brett Kavanaugh view the Constitution.

To the Yangs, adherence to the original text and meaning of the Constitution was impossible. They couldn’t even read it.

To Brett Kavanaugh’s foes, the Constitution stands in the way of grand designs they have for the federal government and your lives.

They want to control things in your lives — your healthcare, your lightbulbs, your land, your neighborhood, your dishwasher, your electric bill, your employer. That’s why a wartime coalition of Leftist interest groups have mobilized to battle over the future of the Constitution.

Kavanaugh’s foes want the Constitution to mean whatever suits their transformative agenda.  Kavanaugh believes the Constitution means what it said when it was written. That it was written in 1787 doesn’t trouble him at all.

His foes have millions upon millions of dollars ready to smear both the nominee and the original meaning of the Constitution for good measure.

This is not just a war over a nomination, it is an extension of the battle for the country. There is no middle ground to speak of. It’s the Yangs versus the Khoms, or perhaps we might call it the Progs versus the Cons, the Progressives versus the Constitutionalists.

The Progs believe in courts deferring to unelected federal bureaucrats. People with law degrees call that “Chevron deference.” Chevron deference has allowed the power of the federal government to explode. Unelected bureaucrats can write rules, interpret those rules themselves to suit them, and enforce those rules — all separate from Congress. When a president seeks to alter the bureaucrat’s interpretation, the same Leftist interest groups opposing Kavanaugh sue the president in federal court to stop them.

The Cons believe the president is in charge of the executive branch, not unelected bureaucrats.

The Progs also believe in federal control over state elections. They don’t care that the Constitution of 1787 recognized that decentralized control over elections helps preserve individual liberty. When no single entity is in control of elections, no despot or malevolent faction can tamper with the system. The Progs hate election integrity rules like citizenship verification of voters or voter ID.  They want federal bureaucrats to have the power to invalidate those state laws.

The Cons believe that states have the power under the Constitution to write state election laws, as long as they are genuinely not racially discriminatory. Brett Kavanaugh is definitely in the Con camp. He wrote the opinion upholding as valid South Carolina’s voter ID law after Eric Holder’s unhinged Justice Department sought to block it. He was willing to ignore the tired racially hectoring of the Progs and uphold voter ID.

The Progs, unable to replace the Constitution because they don’t have the votes, prefer instead to pervert its meaning through a slow boil from the judiciary. Gun rights? To the Progs, those are collective state rights, not individual rights. Progs wish the Second Amendment didn’t exist. So they advance their anti-Second Amendment agenda with lawyerly arguments, inventing new wild theories to support gun bans.

Cons know that guns are part of American culture and the Second Amendment is designed to protect individual liberty and ensure self-defense. The Progs will go to war against Brett Kavanaugh because he is a Con on the Second Amendment. He wrote a dissent in a case widely called Heller II regarding a District of Columbia ban on so-called “assault” rifles: “semi-automatic rifles have not traditionally been banned and are in common use today, and are thus protected under Heller.”

It’s a good sign when a radical Prog publication like the American Prospect calls Kavanaugh an “extremist” on gun rights. That’s another way of saying most of America agrees with Kavanaugh.

The coming war over Brett Kavanaugh’s nomination is just the latest intensification by the Left in the battle to undo the Constitution of 1787. Make no mistake, their aim is to replace its limits on government power. The Progs are heirs to the legacy of the 20th century, where utopians across the globe sought government power to remake the world in their own image.

Even after Kavanaugh is confirmed to the Supreme Court and sworn in — which he will be — the Progs’ war on the Constitution will go on.

Perhaps the term “war” is too strong for you. I could use the term Charles Kesler has used: he says we are in the middle of a Cold Civil War.

But it wasn’t so cold at the Ferguson, Missouri, AutoZone after a mob spurred on by Progs, and even an outlandish attorney general, torched the place. It’s not so cold if you are the one smashed in the face and beaten up by Progs at a Washington, D.C. restaurant. It’s not very cold when congressmen start talking about armed rebellion. It’s not so cold when vandals attack the homes of Trump supporters. It’s not so cold when you are attacked in public for wearing a Trump hat. It’s not so cold when you are an African-American Trump supporter physically attacked by Progs in Arizona.

The coming fight over Brett Kavanaugh will feature two sides with almost nothing left in common.  Sure, we live in proximity to each other. But one side defends the Constitution and the other side will stop at nothing to replace it. The Progs have turned to violence and intimidation to advance the transformation of the country.

It’s why the Kavanaugh nomination must be won.

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