End of Constitutional Government?

With both the Obamacare and the Arizona rulings, the Supreme Court has demonstrated its bias toward the central government against the states and the people.  The Tenth Amendment is meaningless to at least 5 members of the court.  The idea of limited government is likewise a forgotten aspect of the Constitution to a majority.

In the wake of the Declaration of Independence in 1776, the Continental Congress set to establishing a national government.  However, the Congress and the States had such fear of a powerful central government that they created a weak, virtually toothless one under the Articles of Confederation.  The Articles provided no power to tax so the central government could only request money from the several states.  Sadly, the Articles proved insufficient for the needs of the new country.  Shays’ Rebellion demonstrated a need for a somewhat stronger though still limited federal government.  A convention had already been called to do just that.  Though initially intended to merely amend the Articles, the convention drafted a new Constitution.   This proved to be controversial with the likes of Patrick “Give me Liberty or Give me Death” Henry, Samuel Adams, and future President James Monroe arguing against stronger central government.  The Anti-Federalists demanded assurances that the government would be limited and provided for the Bill of Rights.

This brief history lesson should more than demonstrate the Framers intent to have a limited and constrained Federal Government.  It had powers enumerated within the Constitution (Article 1, Section 8) and the Bill of Rights was added just to emphasize the limits of government.  The Constitution is a document that is distrustful of government.

So, how is it that Constitutional scholars with decades of law experience are utterly unaware of this?  It is not that they are unaware but they know where their bread is buttered.  The Supreme Court is at the Federal level.  If they hewed to the Constitution, the federal government would be forced to shrink dramatically and thus the Court’s purview would likewise shrink.  Few people voluntarily surrender power, which is why George Washington is so great.  John Roberts has tasted power and likes it.  He has been corrupted.

The Congress passed a law that was clearly unconstitutional.  It isn’t the first time and it won’t be the last.  The President signed that unconstitutional law.  Again, not the first time nor the last.  And, the Supreme Court has confirmed its constitutionality.  The final arbiter, We the People, will decide the issue through elections or let it slide.  If we let it slide, limited government is over, a government of laws not men becomes a memory.