The Chaos Is Due To A Misalignment Between Our Current Government And The Constitution

Yesterday, a blog called FreeThePeople posted an article about the drama that has followed the death of Ruth Baden Ginsburg.

The article notes:

It’s fine to mourn and lionize someone you regard as a hero. That’s an appropriate response to tragedy, and this is not the place for me to debate the relative merits of the deceased. But the existential terror that has gripped the left with the passing of Justice Ginsburg reveals the inherent fragility of our system of government. As the book Antifragile by Nassim Nicholas Taleb discusses, robust systems are ones which can suffer considerable damage without falling apart.

The article continues:

This is the way the American system was supposed to work. The founders established three coequal branches of government, complete with a system of checks and balances including the state legislatures and the people themselves. The president is not an autocrat who can do whatever he wants on a whim, nor is any other individual member of the body politic. Unfortunately, over the years that vision of decentralization has collapsed into something that more closely resembles the European monarchies the founders sought to escape. Congress, the branch of government responsible for writing laws, has abdicated much of its responsibility and delegated its powers to the president, to executive branch regulatory agencies, and to the courts.

It has now become habitual for the president to govern via executive order, as exemplified by Barack Obama’s notorious “pen and a phone” comment, but beginning with progressive presidents like Woodrow Wilson and Franklin Delano Roosevelt. For all the howls of fascism about Trump’s wielding of executive authority, the concentration of presidential power has always come from those on the political left, whose ideological faith in central planning lends itself to autocracy.

The article explains how the reaction to the death of Justice Ginsburg reveals how far we have wandered from the original intentions of our Founding Fathers:

Meanwhile, the Supreme Court, which is supposed to merely interpret the laws written by Congress and executed by the president, striking down those which violate the Constitution, has risen to the dangerous position of dictating the law of the land to the American people. Let’s not forget that it was the Court, not Congress, that created out of whole cloth the doctrine of qualified immunity, which protects police from civil liability. It is this doctrine that has resulted in countless abuses of power by police, which in turn have driven widespread protests, riots, and general civil unrest throughout much of 2020.

Now, with the death of Justice Ginsburg, Democrats are terrified that a Trump appointee would criminalize abortion, strip away LGBT rights, and basically undo all of the court’s major decisions from the last half century. Whether these concerns are justified is another question entirely, but the fact that people expect such far-reaching consequences from the death of a single individual proves how profoundly broken our system has become.

In its concluding paragraphs, the article notes:

The irony is that the very people now frightened of a third Trump appointee are the same ones who are always begging for a larger, more powerful central government. When Harry Reid eliminated the traditional filibuster for judicial nominees, making it easier for the party in power to ram through their choices unopposed, he was warned that Democrats would not hold a Senate majority forever. When Barack Obama sought to circumvent Congress and govern by executive order, those of us who objected knew that someday someone like Trump would enjoy the benefits of that same power. Shortsightedness, arrogance, or a deliberate unwillingness to consider the future has led us to where we are today. Like Dr. Frankenstein before them, leftists created a monster without considering that it could, and inevitably would, turn on them.

Appointing a justice who believes in the Constitution might put America back on the path to being the nation our Founding Fathers envisioned.