The Constitution, 10th Amendment, and the Fourth Branch

Recently a discussion has arisen in the Ron Paul Forums concerning the effectiveness of 10th Amendment Resolutions as a way to address Washington’s long history of over reaching its Constitutional Powers. As part of this discussion, a member noted that “ Our hope is not in, nor should it ever be in the Constitution”. After reading this entry, I felt compelled to write the following:

“The discussion over the Constitution misses a vital point that the previous writer has hinted at. Even the best crafted document is meaningless unless those it seeks to guide honor it. Classic examples are the Constitutions of the Soviet Union or Weimar Germany. Both, on their faces, are incredible documents which maximizes individual liberties, popular government, and a well reasoned system of governance. The only problem was that they also were only documents. Both the Soviet Union's and Germany's leaders hardly paid attention to either while paying lip service to them.

A nation of laws ruled by a government of men is a contradiction. If the rulers do not obey the law, then the law fundamentally is meaningless or at least unstable and subject to the whims of an elite, a mob, or personalities.

While agreeing with the previous writer that our hope is not in the Constitution, I disagree with his contention that "we must be good and elect good people to write good laws." Read Madison's notes on the Convention. Throughout the painful, slow process of crafting the Constitution, there was one assumption that all present held and periodically expressed. That assumption was that the American People, jealous of their liberties, would serve as a check upon the actions of a rogue government. In effect, they assumed that the Citizens would be a Fourth Branch of government. And, they felt that this assumption was so self-evident that they did feel the need to write it down.

For some reason we, as a people, have forgotten our traditional suspicion of government and our sense of ownership in our government. We, citizen's of the greatest republic known to man, failed to perform our office as citizens and let our vital role in that republic slip, leaving great power in the hands of those with great ambition, unchecked.

The simple passage of a resolution or even a bill will not effect the necessary change we seek. The fight over this bill or that piece of legislation will not alter the fact that government is treated as a separate and unrelated entity in the lives of Americans. Most Americans treat politics as a specialized field or as a seasonal sport and not directly effecting their daily lives.

For too long we have been trying to have good laws written, only to be bitterly disappointed by the works of our servants. For too long we have been trying to "elect good people", only to find that good people are few and far between despite the protestations of many claiming the role. If anything, history tells us that wanting and waiting for a white knight to come along is a sure recipe for dictatorship and disaster.

For the Constitution to work, we must make it work. We must hold everyone accountable to its provisions, regardless of party, for both have long abused this document for too long. We must demand that the lawgivers honor and obey the law first. We must keep everyone of their actions under scrutiny constantly and call them to account when they fail their office.

To do all of this requires something more than playing party politics or campaigning for this candidate or that one. It requires finding those few, precious few, citizens in a sea of people. Citizens who understand their role goes beyond Tax Day and Election Day. Citizen's who love their liberty and the fruits of it and are willing to work to maintain them. The reality is to effectuate change we don't need a majority, or a large minority. We only need an educated, motivated, and committed minority of people willing to work for the change we seek. To find that minority of citizens, true citizens, we need to look in our neighborhoods, churches, clubs, and workplaces. We must interact with the community and send out the liberty message and listen intently for a reply.

We all want liberty minded candidates to win. But in order to give them a fighting chance we must prepare the ground. Create an atmosphere in the public forum where his message will not be shunted aside. To do this, the public must be made fully aware of the message and create a network of liberty minded citizens willing to rush to his aid and work for his success. Ultimately, it requires us to model good citizenship for our neighbors and provide them with an opportunity to become involved.