The Constitution safeguards the liberties that the Declaration of Independence represents but did not create.
.. The foundation of Americanism, he posits, is natural law. That does not just spontaneously appear, nor passively persevere. Understanding our natural-law roots, reaffirming our attachment to them in the teeth of the progressive project to supersede them — this is hard work.
.. right reason, “certain definite principles of action from which spring all virtues and whatever is necessary for the proper molding of morals.”
.. “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting.” It is reason that learning has cultivated for the pursuit of happiness.
.. Natural law is the basis for our conceit that no one may rule over another without his consent.
.. In the absence of natural law, we would be left to the tyranny of will — arbitrary morality and rights, dictated by those who had muscled their way to dominance.
.. For Levin, rationalizing such a muscular state is the 20th-century progressive project spearheaded by
- Herbert Croly,
- Theodore Roosevelt,
- Woodrow Wilson,
- John Dewey, and their progeny.
They built on the utopian foundation of the “philosopher-kings”:
- Rousseau’s radical egalitarianism,
- Hegel’s historicism,
- Marx’s economic determinism and class struggle, and so on.
The rights of self-determination, self-governance, and private property — the blessings of liberty that are the heritage of natural law — are in peril, if not of extinction, at least of irreversible atrophy.
.. Mark Levin has not been content to inveigh against statism. In the last few years, he has offered concrete plans to roll it back, including a campaign for a convention of the states under Article V of the Constitution, aimed at stripping down Washington from without, since it will never reform itself from within.
Goldberg: a “Living Constitution” is all about Power
It apparently hadn’t occurred to them that the doctrine of a Living Constitution can sanction things they don’t like, too. This itself is ironic, given that the principle author of the Living Constitution idea — Woodrow Wilson — saw no problem in prosecuting thought-crimes, jailing political dissenters, and domestic spying.
.. But the question is not whether the bureaucrats are right in the opinions. The question, as Michael Gillette famously put it, is whether unelected bureaucratic agencies should be able “to define the limits of their own power.” Historically, that is a job for the legislature and, when the law is vague, judges. But under Chevron, bureaucrats are given precisely the kind of arbitrary, prerogative power the Founders saw as inimical to liberty and the rule of law.
.. The unifying theme here is what has been the central premise of progressivism for the last 100 years: It’s about power (See: Progressives & Power). When the Living Constitution yields the desired ends of progressives, the Living Constitution is a vital means. When the Living Constitution is inconvenient to those ends, we must bow down to the immutable and unchanging authority of super, super-duper, and supercalifragilisticexpialidoc
ious precedents. .. If judges started invoking the Living Constitution — informed by, say, new scientific insights into fetal pain — how quickly would liberals decry the lawlessness of constitutional evolutionary theory?
You Don’t Have to Think Trump Is an Authoritarian to Worry about His Presidency
there are three types of conservative at present: “Trumpers,” who believe that “Trump has made good appointments” and is “working to keep campaign promises” and should therefore “be vigorously defended from criticism”; anti-Trumpers, whose “argument is that despite the areas of policy agreement between conservatives and Trump, Trump’s characterological problems present” a sufficiently large peril as to make realistic the prospect that he will “[lose] the republic”; and “anti-anti-Trumpers,” who are “reluctant to criticize Trump, but who aren’t particularly interested in defending him, directly.”
.. there are three types of conservative at present: “Trumpers,” who believe that “Trump has made good appointments” and is “working to keep campaign promises” and should therefore “be vigorously defended from criticism”; anti-Trumpers, whose “argument is that despite the areas of policy agreement between conservatives and Trump, Trump’s characterological problems present” a sufficiently large peril as to make realistic the prospect that he will “[lose] the republic”; and “anti-anti-Trumpers,” who are “reluctant to criticize Trump, but who aren’t particularly interested in defending him, directly.”
.. I was concerned that Trump lacks character and knowledge; that he is a habitual liar; that he has an embarrassing tendency to lash out verbally at anyone he dislikes; and that, on balance, he might end up ruining the party he was conscripted to lead. In describing him, I used the word “authoritarian” on more than one occasion, but my intent in so doing was to warn against Trump’s approach, not to hype the likelihood of his rendering America a tyranny.
I was concerned that Trump lacks character and knowledge; that he is a habitual liar; that he has an embarrassing tendency to lash out verbally at anyone he dislikes; and that, on balance, he might end up ruining the party he was conscripted to lead. In describing him, I used the word “authoritarian” on more than one occasion, but my intent in so doing was to warn against Trump’s approach, not to hype the likelihood of his rendering America a tyranny.
.. Throughout his life, Wilson was openly hostile to the Constitution, had nothing but loathing for the separation of powers, described as “nonsense” the “inalienable rights of the individual,” and submitted that the United States should move “beyond the Declaration of Independence.”
.. As president, he championed the Espionage and Sedition Acts (under which it was a crime to criticize America’s efforts in World War I, to use “disloyal, profane, scurrilous, or abusive language” against the federal government, and to mail opinions critical of the state through the U.S. Postal Service); had tens of thousands of Americans arrested and prosecuted — including after the war (see: Palmer Raids); and, in 1915, uttered these incredible words during his State of the Union address:
I am sorry to say that the gravest threats against our national peace and safety have been uttered within our own borders. There are citizens of the United States, I blush to admit, born under other flags but welcomed under our generous naturalization laws to the full freedom and opportunity of America, who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and good name of our Government into contempt, to destroy our industries wherever they thought it effective for their vindictive purposes to strike at them, and to debase our politics to the uses of foreign intrigue. Their number is not great as compared with the whole number of those sturdy hosts by which our nation has been enriched in recent generations out of virile foreign stock; but it is great enough to have brought deep disgrace upon us and to have made it necessary that we should promptly make use of processes of law by which we may be purged of their corrupt distempers.
Wilson also took it upon himself to re-segregate Washington, D.C., thereby reversing one of the few civil-rights victories of the post-bellum world.
.. That much of what Roosevelt did was popular is neither here nor there; properly understood, authoritarianism is structural, not substantive. Indeed, as David Frum warns in the essay Last cites, “many of the worst and most subversive things Trump will do will be highly popular.”
In fact, I concluded that there can be no such list, because many of the worrisome things that an antidemocratic president might do look just like things that other presidents have done. Use presidential power to bully corporations? Truman and Kennedy did that. Distort or exaggerate facts to initiate or escalate a war? Johnson and George W. Bush did that. Lie point-blank to the public? Eisenhower did that. Defy orders from the Supreme Court? Lincoln did that. Suspend habeas corpus? Lincoln did that, too. Spy on American activists? Kennedy and Johnson did that. Start wars at will, without congressional approval? Truman did that. Censor “disloyal” speech and fire “disloyal” civil servants? Wilson did that. Incarcerate U.S. citizens of foreign extraction? Franklin D. Roosevelt did that. Use shady schemes to circumvent congressional strictures? Reagan did that. Preempt Justice Department prosecutors? Obama did that. Assert sweeping powers to lock people up without trial or judicial review? George W. Bush did that. Declare an open-ended national emergency? Bush did that, and Obama continued it. Use regulatory authority aggressively and, according to the courts, sometimes illegally? Obama did that. Kill a U.S. citizen abroad? Obama did that, too. Grant favors to political friends, and make mischief for political enemies? All presidents do that.
.. But whatever one’s preference, we should acknowledge that all of these things happened, and that they all seemed like crises at the time. Moreover, we should try to avoid the worst form of arrogant hindsight, under which we conclude that because we’re okay now we must never have been under threat in the first place. “All’s well that ends well”
What Woodrow Wilson Cost My Grandfather
As the historian Eric S. Yellin of the University of Richmond documents in his powerful book “Racism in the Nation’s Service,” my grandfather’s demotion was part of a systematic purge of the federal government; with Wilson’s approval, in a few short years virtually all blacks had been removed from management responsibilities, moved to menial jobs or simply dismissed.
.. What is most striking is his sense of humiliation; after all, he had spent his career in a time and place where, whatever was happening in the South, African-Americans were able to get ahead. And then, suddenly, with Wilson’s election, that all changed.