By Joe Miller: On this day, 224 years ago, our Constitution was signed by delegates to the Constitutional Convention in Philadelphia. Just a few years after its ratification, the Founders’ vision of a limited central government composed of coequal branches came under a sustained attack from the judiciary, an attack that has dramatically increased in its intensity over the past century.
As the self-proclaimed final arbiters of the meaning of the Constitution, the judiciary has shamelessly expanded the scope of federal powers by making up new roles for the government. The Commerce Clause is now interpreted in ways that were never intended by the Founders, giving rise to never-ending regulations and controls from DC. And where no clause can be found to even remotely justify federal involvement, the judiciary has no problem with making one up.
That’s how the right to abortion was ginned up. First in Griswold vs. Connecticut and later in Roe vs. Wade, the Supreme Court employed an astronomical term, “penumbra,” to divine the hidden meanings in the Constitution that were not even apparent to the drafters themselves!
The Founders never intended the Constitution to be molded into whatever shape the judiciary of the day intended. Rather, they drafted a document that even non-lawyers could understand.
The first three articles of the Constitution describe the three branches of government, delineating their respective powers. In the Bill of Rights, language was adopted to guard against the expansion of these limited powers. The 10th Amendment couldn’t be clearer: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
So, on this Constitution Day, take the time to read through your Constitution. As you do so, I challenge you to find authorization for the federal Department of Education, Obamacare, or even EPA controls over wood smoke in my hometown of Fairbanks, Alaska. If you find none, join a local tea party and help fan the flames of constitutional revival across America.