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Title: Thomas Sowell: July 4th
Source: [None]
URL Source: http://townhall.com/columnists/thom ... well/2011/06/28/july_4th/print
Published: Jul 1, 2011
Author: Sowell
Post Date: 2011-07-01 18:36:32 by wakeup
Keywords: None
Views: 5982
Comments: 23

The Fourth of July may be just a holiday for fireworks to some people. But it was a momentous day for the history of this country and the history of the world. Not only did July 4, 1776 mark American independence from England, it marked a radically different kind of government from the governments that prevailed around the world at the time -- and the kinds of governments that had prevailed for thousands of years before.

The American Revolution was not simply a rebellion against the King of England, it was a rebellion against being ruled by kings in general. That is why the opening salvo of the American Revolution was called "the shot heard round the world."

Autocratic rulers and their subjects heard that shot -- and things that had not been questioned for millennia were now open to challenge. As the generations went by, more and more autocratic governments around the world proved unable to meet that challenge.

Some clever people today ask whether the United States has really been "exceptional." You couldn't be more exceptional in the 18th century than to create your fundamental document -- the Constitution of the United States -- by opening with the momentous words, "We the people..."

Those three words were a slap in the face to those who thought themselves entitled to rule, and who regarded the people as if they were simply human livestock, destined to be herded and shepherded by their betters. Indeed, to this very day, elites who think that way -- and that includes many among the intelligentsia, as well as political messiahs -- find the Constitution of the United States a real pain because it stands in the way of their imposing their will and their presumptions on the rest of us.

More than a hundred years ago, so-called "Progressives" began a campaign to undermine the Constitution's strict limitations on government, which stood in the way of self-anointed political crusaders imposing their grand schemes on all the rest of us. That effort to discredit the Constitution continues to this day, and the arguments haven't really changed much in a hundred years.

The cover story in the July 4th issue of Time magazine is a classic example of this arrogance. It asks of the Constitution: "Does it still matter?"

A long and rambling essay by Time magazine's managing editor, Richard Stengel, manages to create a toxic blend of the irrelevant and the erroneous.

The irrelevant comes first, pointing out in big letters that those who wrote the Constitution "did not know about" all sorts of things in the world today, including airplanes, television, computers and DNA.

This may seem like a clever new gambit but, like many clever new gambits, it is a rehash of arguments made long ago. Back in 1908, Woodrow Wilson said, "When the Constitution was framed there were no railways, there was no telegraph, there was no telephone,"

In Mr. Stengel's rehash of this argument, he declares: "People on the right and left constantly ask what the framers would say about some event that is happening today."

Maybe that kind of talk goes on where he hangs out. But most people have enough common sense to know that a constitution does not exist to micro-manage particular "events" or express opinions about the passing scene.

A constitution exists to create a framework for government -- and the Constitution of the United States tries to keep the government inside that framework.

From the irrelevant to the erroneous is a short step for Mr. Stengel. He says, "If the Constitution was intended to limit the federal government, it certainly doesn't say so."

Apparently Mr. Stengel has not read the Tenth Amendment: "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."

Perhaps Richard Stengel should follow the advice of another Stengel -- Casey Stengel, who said on a number of occasions, "You could look it up."

Does the Constitution matter? If it doesn't, then your Freedom doesn't matter.

Thomas Sowell Thomas Sowell is a senior fellow at the Hoover Institute

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Begin Trace Mode for Comment # 16.

#1. To: All (#0) (Edited)

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wakeup  posted on  2011-07-01   18:37:08 ET  Reply   Untrace   Trace   Private Reply  


#2. To: wakeup, 4 (#1)

Apparently Mr. Stengel has not read the Tenth Amendment: "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."

Perhaps Richard Stengel should follow the advice of another Stengel -- Casey Stengel, who said on a number of occasions, "You could look it up."

Does the Constitution matter? If it doesn't, then your Freedom doesn't matter.

Bump this!

Thanks, Mr.Sowell.

Lod  posted on  2011-07-01   21:49:28 ET  Reply   Untrace   Trace   Private Reply  


#16. To: Lod (#2)

Tenth Amendment: "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."

Unfortunately, the question of the Tenth Amendments power to extend to individuals had never reached the supreme court until June 16, 2011. In their 9-0, by far the best opinion they have ever written, Bond v United States, the sups spelled out very clearly that the individual DOES have the right to challenge federal authority on his/her OWN standing under Article III.

Due to one line in a 1939 court case, that the supreme's said they haven't liked for years, ALL people who have challenge the federal jurisdiction in Tax cases, Marijuana cases and almost every "victimless crimes" cases, were denied on "standing" grounds and not even given the opportunity to raise a cause of action.

As I said, this is the best opinion ever by the supreme court. Everyone should read it 5 times. http://www.scotusblog.com/case-files/cases/bond-v-united-states/

If you really want to get what is being said, read the Merits Briefs Brief for Petitioner Carol Anne Bond.

Zeke  posted on  2011-07-08   16:15:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 16.

#17. To: Zeke (#16)

Thanks very much for this information.

Lod  posted on  2011-07-08 16:24:03 ET  Reply   Untrace   Trace   Private Reply  


#18. To: Zeke (#16)

Unfortunately, the question of the Tenth Amendments power to extend to individuals had never reached the supreme court until June 16, 2011.

thanks, Zeke. i had no idea that this had occurred...a rare good ruling from USSC.

christine  posted on  2011-07-08 17:58:19 ET  Reply   Untrace   Trace   Private Reply  


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