And So I Go: Yesterday, Today and Tomorrow

Political End-Runs – the way it seems governing will take place in Washington at least for the next two years.

Posted on: December 28, 2010

Political End-Runs – Thomas Sowell – National Review Online.

In this article we have another profound reading of the coming governing policy of Obama and cohorts.  He also goes back and explains how we came to this mess our monster government is and the “monsters” behind it.  Woodrow Wilson of course was monster number one who considered We the People as too stupid to live.  He was helped along with his agent by two like-minded “‘monsters’  Roscoe Pound and future Supreme Court justice Louis Brandeis. After that we had Franklin D. Roosevelt who believed in the superiority of the elite class  and their God given right to rule the peons.   The flood gates then opened and after the 1950’s the Progressives went almost unhindered with legislation aimed at our nation’s destruction culminating they hoped in  the era of Barach  Obama.

Is a good read as all of  Dr. Thomas’s works are.  Bb

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Thomas Sowell

December 28, 2010 12:00 A.M.

Political End-Runs
Progressives consider the Constitution, and our elected representatives, disposable nuisances.

The Constitution of the United States begins with the words “We the people.” But neither the Constitution nor “we the people” will mean anything if politicians and judges can continue to do end-runs around both.

Bills passed too fast for anyone to read them are blatant examples of these end-runs. But last week, another end-run appeared in a different institution when the medical “end of life consultations” rejected by Congress were quietly enacted by administrators of Medicare through bureaucratic fiat.

Although Rep. Earl Blumenauer and Sen. Jay Rockefeller had led a group of their fellow Democrats in an effort to pass Section 1233 of pending Medicare legislation, which would have paid doctors to include “end of life” counseling in their patients’ physical checkups, the Congress as a whole voted to delete that provision.

Republican congressman John Boehner, soon to become Speaker of the House, objected to this provision in 2009, saying: “This provision may start us down a treacherous path toward government-encouraged euthanasia.”Whatever the merits or demerits of the proposed provision, the Constitution of the United States makes the elected representatives of “we the people” the ones authorized to make such decisions. But when proposals explicitly rejected by a vote in Congress are resurrected and stealthily made the law of the land by bureaucratic fiat, there has been an end-run around both the people and the Constitution.  ( IMO these people are traitors and should be tried and brought to justice for their crime in trying to circumvent the law of the land: the Constitution.  But of course nothing like that is being done or even suggested which only encourages the Obama Administration to continue in this vein and wait to see if they are caught.  Something is very very wrong in this country when high government officiciails CAN BLATANTLY BREAK THE LAWS AND NOTHING IS DONE ABOUT IT!  BB)

Congressman Blumenauer’s office praised the Medicare bureaucracy’s action but warned: “While we are very happy with the result, we won’t be shouting it from the rooftops because we are not out of the woods yet.”

In other words, don’t let the masses know about it.

(The elite have the God given right to rule over the stupid masses is the Progressives primary belief.  BB)

It is not only members of Congress or the administration who treat “we the people” and the Constitution as nuisances to do an end-run around. Judges, including justices of the Supreme Court, have been doing this increasingly over the past hundred years.

The denigration of the Constitution began during the Progressive era of the early 20th century, led by such luminaries as Princeton scholar and future president Woodrow Wilson, future Harvard Law School dean Roscoe Pound, and future Supreme Court justice Louis Brandeis.

As a professor at Princeton University, Woodrow Wilson wrote condescendingly of “the simple days of 1787” when the Constitution was written and how, in our presumably more complex times, “each generation of statesmen looks to the Supreme Court to supply the interpretation which will serve the needs of the day.”

This kind of argument would be repeated for generations, with no more evidence that 1787 was any less complicated than later years than Woodrow Wilson presented — which was none — and with no more reasons why the needed “change” should be enacted by unelected judges, as if there were no elected representatives of the people.

Prof. Roscoe Pound likewise referred to the need for “a living constitution by judicial interpretation,” in order to “respond to the vital needs of present-day life.” He rejected the idea of law as “a body of rules.”

But if law is not a body of rules, what is it? A set of arbitrary fiats by judges imposing their own vision of “the needs of the times”? Or a set of arbitrary regulations stealthily emerging from within the bowels of a bureaucracy?

Louis Brandeis was another leader of this Progressive-era chorus of demands for moving beyond the idea of the law as a body of rules. He cited “newly arisen social needs” and “a shifting of our longing from legal justice to social justice.”

In other words, judges were encouraged to do an end-run around rules, such as those set forth in the Constitution, and around the elected representatives of “we the people.” As Roscoe Pound put it, law should be “in the hands of a progressive and enlightened caste whose conceptions are in advance of the public.”

That is still the vision of the Left a hundred years later. The Constitution cannot protect us unless we protect the Constitution, by voting out those who promote end-runs around it.

Thomas Sowell is a senior fellow at the Hoover Institution. © 2010 Creators Syndicate, Inc.

4 Responses to "Political End-Runs – the way it seems governing will take place in Washington at least for the next two years."

BB I think I mentioned this the other day on one of your post. the next two years will be end runs , such as by the unelected EPA making laws that Congress should handle, Judicial diktat, and Executive proclamation.
Now question is, will the newly elected House stand idly by an allow it?

The Old Guard Republicans would wave their hands and maybe put up a token protest but they are all, well…the Old Guard. The newly elected are another bunch altogether and I hope they can make enough noise to get the old guard who have gobbled up the power chairmanships to move from their comfortable spots of patting each others backs and passing the government goodie basket around from hand to hand. I think they need to be more like Michelle Bachman and go to the people. They should start yelling and exposing. Did you notice they kept Michelle and Chaffee well out of any power seats? BB

Hey, BB, it’s the “good ole boze” network still at something but it dang sure ain’t work. Of course they left out the newly elected folks, they might actually get something done which of course would decrease the “old boze” power. I see a whole lot more who will have to go in 2012 and the list will probably grow longer in the coming months and year.
Bachman is a hell raiser and I admire her guts. She has more than 90 percent or more in Congress today. She’s my kind of woman and I ‘d vote for her for about anything, even POTUS. She doesn’t have a chance however in the “goodoleboze” net work. They will pick someone boring as hell like Jindle, Romney(who actually could have won and saved us all this mess if the religious right hadn’t stuck their nose into the situation) or some one who couldn’t beat his way out of paper bag, but none the less they will claim , we got the best we could. Just like we are going to hear, “Well we did the best we could”. BS, that ain’t gonna fly with the voters this time. Send em packing, term limits at it’s best, the ballot box. (Even though I think we still need them)

I think the Tea Party People are going to give the old Bod Republicans so much grief this next two years that even they may get the message for real. and it is already a known fact that 2012 will see a lot more going out the door. they proved themselves in the lame duck session and in the committee chairmanships.

I have never and will never like Romney so I hope we are not saddled with him. I think he is a RINO. And the more I think about it ticker the more I AM HAPPY FOR Obama. The people would not have finally woken up without the extremes of this past two years. They needed the kick in the buns that the arrogant Dems and Obama gave them by telling them to go suck their thumbs the elite were going to do what they thought was the best and to hell with the people. There would have been no Tea Party Movement or the popularity of Glenn Beck and FOXNEWS that we have today without Obama.

Yes we do need term limits for Congress and their perks all cut out. this won’t happen however unless the government truly falls on its buns because Congress will be the last to see any cuts. BB

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