Posted by
Hunter James on Wednesday, January 06, 2010 3:55:20 PM
Hunter James
581 Becks Church Road
Winston-Salem, NC 27106
Email: hunterj@triad.rr.com
See more at www.grassyforkdays.com
Also: www.grassyforkdays.blogspot.com
DISSOLVING CONGRESS
How often as the cry echoed down through the years: The Republic is never safe when Congress comes to town. Life, liberty and property are all in jeopardy!
I believe it was the British philosopher and political thinker John Locke who first hit upon this deeply prophetic truth. Never was it said too often and never more truthfully than of the present congregation in Washington. Does anyone imagine the nation would be in worst shape if Congress had spent the whole of 2009 at home? Can anyone imagine we would not be much better off if they'D not come back in the New Year to get on with their infamous work?
Like most philosophers, from the ancient Greeks to modern existentialists, Locke occasionally sought refuge behind the abstractions of metaphysics. But mostly he was a plain-spoken man, and certainly there was no mistaking his meaning when he suggested, not once, not twice, but at least three times, that when legislators have no business to conduct in their seat of government they should simply STAY HOME.
When could such an insight have been more useful than at the present moment, mired as we are in a financial crisis brought on largely by greed and an incompetent House of Representatives—and a only slightly less incompetent Senate?
Possibly the finest idea Locke ever had, though unfortunately it never made its way into any of our founding documents, as so many of others did. Maybe the Founders thought the idea too obvious to deserve mention. Still, it is an idea that has never caught on in Washington and apparently not altogether in his own country either—not even at a time when the need for good, sound common sense was never more in need. Even when Congress supposedly has great work to do, somehow it can never quite get down to the task. But, winter and summer, where are they? On Capitol Hill, drawing down their pay as usual or else on some tax-paid sojourn in one of the world’s many exotic trouble spots. Or off in Argentina having affairs.
One cannot even cursorily read Locke’s works without concluding that young Thomas Jefferson must have committed to memory practically every word the man ever wrote. Not only Jefferson but all of our famous Founders owed a profound debt to the British political thinker.
His words echo throughout the Declaration of Independence—more perhaps in Jefferson’s draft than in the product that emerged after heavy editing by his elders—and at the same time provided the constitutional foundation stone upon which our system of government is built. He also wrote the first Constitution for my home state of North Carolina, way back when the two Carolinas were still one.
Yet nothing the philosopher ever said has more meaning for today’s Democrat-controlled Congress than a series of statements that can be reduced to a brief phrase: Go home! Or if not home, go wander Europe with your mistresses, paying your own way of course, or take to your yachts and vacation condos.
Now it is a great misfortune that Locke had nothing to say about the concept of a Supreme Court that appears to be running the government and often without any real sense of control or responsibility. But let that go. How could he ever have thought of
it, when it didn’t even occur to our most profound thinkers until Chief Justice John Marshall and those who followed him created the concept of judicial review, with the power to overthrow acts of Congress and to hell with checks and balances—and Congress let him get away with it. And is still letting him and his many successors get away with it.
Now the idea of reigning in the court—and Congress does have that power even if it has seldom exercised it—is truly a great business that would justify the time and effort spent on it; but nary a word about that, nary a suggestion that the time has come to
limit the court’s judicial excesses that grow more expansive by the year.
What have our representatives, if that is the word, left of the republic our Founders created? Nothing more than a tamed monster called the Electoral College, which is to say, nothing at all: a bunch of irresponsible ignoramuses who make up what is politely known as Congress and a corrupt Supreme Court have destroyed the last remnant of the system James Madison boasted of in the Federalist Papers. As every reputable political philosopher since Aristotle has known: pure democracy is little more than anarchy, though to be sure, what we have now may be nothing more than anarchy itself--and next comes tyranny.
Are we already there? Will it take another revolution to restore the America unknown to us, even in diluted form, to our grandfathers? What else can save us? What else can we do, other than, perhaps, burn Lincoln in effigy? Andrew Jackson, a much-admired president and for many reasons rightly so, gave us a foretaste of what pure democracy would be like when, after his inauguration, all those mud-dripping galoots from the backcountry followed him drunkenly into the White House, hooting and hollering, making a shameful mockery of the Presidency itself. Yet it was this same crowd, or their forbears, that, with a whole lot of help from the debauched French, won a Revolution supposedly to make us free.
Should we fight to rejoin an empire that now itself is debauched with socialized medicine and other dastardly aspects of Labor rule? The UK indeed has enough problems of its own, among them, a socialized medical system not unlike the abomination President Obama and his Congress are now attempting for force on the American public. But the UK, even under Labor, has never allowed its high court to take over as its chief instrument of government. Lodged in the House of Lords, the UK’s Supreme Court addresses many a legal issue, but not with the idea of declaring as law an edict that Parliament has not first either refused or embraced.
“Since Congress has much of the responsibility to flesh out the entities of ``judicial power,'' Congress appears to have substantial power to control and bend the courts to its will. To a great degree, however, this power has proved to be illusory. What Congress has done is to create a Federal judiciary with powers known perhaps nowhere else in the world. Its efforts to use these powers to alter the decisions of the courts and to divest the courts of their independence have been episodic and only sporadically successful.”
Four times in the 1880s Congress did in fact overturn decisions of the high court, including the controversial Dred Scott decision. And, of course, Jackson simply ignored its ruling that disallowed the President’s decision to move Cherokees out of north Georgia to Oklahoma after a momentous gold strike near the present-day town of Dahlonaga. Other than that, Congress has seldom successfully challenged the authority of the nation’s judicial branch and never at all in modern times. Hence the “super-legislature” that critics of the court have long feared. The makeup of the court changes periodically, much too frequently for some. So does the makeup of Congress. It thus appears that we can never hope for any real consistency in its rulings. Is this anyway to run a judiciary system? It’s just one plain big mess, and probably without a Revolution or Civil War or something of the sort, it is likely to remain so.
***
Consider for the moment Locke’s thoughts of legislative responsibility, when it begins, when it ends and when it ought to disband and get out of Washington and spare the country an embarrassing spectacle pointing up the farcial doings of a
mollycoddling president, the most recent example being a womanizing Bill Clinton and his servile aides.
Said Locke: “The Legislative Power is that which has a right to direct how the Force of the Commonwealth shall be imploy’d for preserving the Community and the Members of it. But . . . there is no need, that the Legislative should be always in being, not having always any business to do . . . ” And again: “It is not necessary, no not so much as convenient, that the Legislative should be always in being . . . because there is not always need of new Laws to be made.” Even more to the point: “Constant frequent meetings of the Legislative, and long Continuations of their Assemblies, without necessary occasion, could not but be burthersome to the People, and must
necessarily in time produce more dangerous inconveniences . . . “
To paraphrase the author of Hamlet: Thou needs’t no philosopher come from the grave to tell us this.
In simplest terms, as it relates to our present Congress: Go home and stay there until somebody invites you back—and I can’t imagine why anyone would want to do that. An obvious point by now to almost anyone who has kept half an eye on the nefarious deeds of the House and Senate. We at least got a brief at least August recess is coming, but now they are back, working with a president of questionable eligibility to transform the good old USA into something far more pleasing to a failed Russia and maniacal Middle East.
To spare us this grief, just get on back out of Washington. NOW! Don’t give another thought to staying on and working night and day, too many Republicans as well as Democrats, to embrace a Marxist doctrine seemingly embraced by our new President. The basis for communism is simple, he once said in words to that effect: get rid of private property. And as we now know the public option in the health care bill would put as a lot farther along that road, cradle to grave security in exchange for what liberty we have left.
***
The last Democrat presidential candidate I ever voted for was the corrupt and devious Lyndon Johnson, a vulgar, venal and thoroughly disreputable character, yet, unlike Richard Nixon, too shrewd to leave behind him tapes that could have got him thrown out of office by impeachment or perhaps sent to jail. Yet for all his shrewdness he lacked the deeper sense or “vision,” the term now in common use, to foresee where his mistaken policies in Vietnam were tending or that his big-spending Great Society would come to nothing –or in many cases to worse than nothing.
What a lesson so many of us learned after Johnson’s election in 1964! A lesson too easily forgot, however, now that the Democrat Party, or rather the far left-wing, are again holding all the power that seems to have little on its mind but the punishment, whose greatest crime, apparently, at least to his critics, was to save the nation from a second 9/11 attack and alert those paying attention that we are far from immune from a far worse calamity. Will they actually take action on Brother Obama’s ambitious agenda, punishing him and his aides for failing to treat captured terrorists like gentlemen brought up in the tradition of Jefferson and his peers—or maybe just dawdle away their time in bordellos and fancy bars? Will they besmirch themselves with the same ‘do-nothing’ stigma that put Truman back in office against seemingly overwhelming odds?
Have we forgot that the recently departed George Bush was the first president with the first original idea for reforming Social Security that has come along in our lifetime. But who among us believes Congress will ever get these or any of his other ambitious proposals done within a reasonable amount of time, or indeed that it will ever get them done at all?
With the example of the paralysis that affects not only this Congress, but most of those that have gone before, old Locke would have had a good many reasons to expand his thoughts on the proper way to conduct a government.
Whether there is no business before Congress, or whether the majority simply doesn’t know how to proceed with many unfinished matters now hanging fire or whether their numerical majority is so thin that they are simply cowed by leftover Republicans—
whatever the case, it is all one: The words John Locke are more applicable than even he could have imagined, though certainly he did understand, as many have since, that the longer Congress remains in session the greater the jeopardy of the country.
It would be too easy to assume that our legislators have simply taken leave of their senses, when they somehow manage to turn every issue, whatever its importance, into a matter of inconsequentiality, in which they appeared to be slogging about confused and weary and out of sorts and desperately in need of a change. So just let them get out of Washington and go home to and explain themselves, if possible, to their constituents.
Have any of these people ever thought of running on a “do nothing” ticket. Some might even approach the well-nigh unattainable status of the learned and unexcitable Calvin Coolidge. Let them go home and stay there until a national emergency calls them forth. Better still, let them wait the “emergency” out and, depending on whether it threatens national security, maybe it will go away by itself, as the Great Depression almost certainly would have done if, as many revisionists now believe, Herbert Hoover and Franklin D. Roosevelt hadn’t taken it upon themselves to tinker with naturally sustaining and self-correcting market forces.
So let them go home and stay there and, above all, DO NOTHING! Let them drink their toasts to the likes of William McKinley, who didn’t even leave his front porch to campaign for reelection, and William Howard Taft and Franklin Pierce and the Filmore Fews, a famous organization paying tribute to the non-accomplishments of the man who may have been our greatest President, Millard Fillmore, sneeringly and unfairly impugned by his disclaimers as a “Copperhead” or “Cotton Whig”—in other words, as
a Southern sympathizer.
Certainly he managed to get fewer your Americans killed in unnecessary wars than the Lincolns, Roosevelts, Wilsons and Lyndon Johnsons. If he could have been around long enough he might even have managed us to avoid to the calamitous Civil War or, more correctly, War between the States, fought on the pretext of freeing slaves when, in actuality, the only real reason for it was the fear of Northern moneychangers that the South would soon surpass their region in industrial might, what with all that cotton lying for the taking just outside the doors of their our fast-growing textile mills. Soon, they feared, the industrialists would no longer need to send it North for processing.
If our congressmen truly has some pressing need to be in session, which is seldom the case, then for God’s sake let them do it and get the hell out of Washington! Go back to your wives, your swimming holes, your summer revivals, your family reunions, your
backyard barbecues, your singles bars, your long days when there are no easy women to sooth your pain. Too often in the past we have not acted on our real feelings. We have not climbed on our roof and yelled out at Congress: “Don’t just do something! Stand there!” Or, more precisely, just get the hell on out of Washington and let the rest of us LIVE! As soon as we can get hold of what money we have left and stick it under our mattresses.
Better yet, let us bury it somewhere way out of sight, as the pirate Blackbeard did with his as-yet unfound ill-got booty, as many a Southerner did with his or her household treasure during the War between the States. And just leave it there—at least until people start to realize it isn’t really money that Obama is running off of his printing presses in Washington—nothing more than a bunch of fancy-looking paper with nothing to back it up, not even so much as a lump of clay or slab of river rock. A condition the late great economist Milton Friedman predicted; and one surely to bankrupt the nation and bring it to ruin.