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The Coming War Over the Constitution

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.