I do not believe the Harris/Biden administration is giving orders to the various agencies to commit unconstitutional acts. Certainly, it is not because they do not want those agencies to spy or to corruptly deny American citizens their rights, but because they simply do not need to tell them. It seems clear that neither Obama nor Biden (before the senility set in) needed to tell Comey or the DOJ to spy on the Trump campaign, because like an incorrigible child, they WANTED to do it. More than that, as Trump represented an existential threat to the Deep State and its enablers, they saw it as their DUTY to do it.
And the Deep State protects its own (Comey, Brennan, Clapper, Hillary, Hunter Biden) and punishes both its enemies (Manafort, Carter Page, Scooter Libby) and those minions who fail or embarrass it (Michael Cohen, Michael Avenatti). It lets its supporters run free after a solid year of “mostly peaceful” flaming destruction (BLM/ANTIFA rioters) and imprisons its opposition for four hours of rowdy protest (the 1/6 “insurrectionists” who sit in jail for trespassing). Grandmothers who attended the 1/6 rally in DC have been hunted with an intensity normally reserved for ISIS terrorists.
One thing our Founders knew for sure, to paraphrase James Madison in Federalist #51, is that men are no angels and political aims would always guarantee governments made up of humans would always tend toward either total disfunction or absolute tyranny. Our Founders understood that and for that reason, government must be separated, constantly at war with itself in a way, and limits and controls must be placed on branch of that government. That is why they bequeathed to America a constitution to blunt tyrannical tendency – not stop it, mind you, but to blunt it and hopefully give us enough time to correct our mistakes before it is too late.
In perhaps the greatest existential mistake we could make, Americans have forgotten that the Supreme Court is part of government, the judicial branch, and subject to the same tendency for corruption as the other branches. We have outsourced the meaning of our Constitution to the black-robed shamans sitting on the Supreme Court as if they were angels and incorruptible. Alas, Madison has been proven true again as the highest court in the land has become a political body, an unelected, quasi-legislative branch with the finality of a monarch. The fact that many Supreme Court actions (and inactions) offend common sense and understanding is evidence we know a mistake has been made.
The Constitution is the supreme law of the land, but it belongs to the citizens, it is not owned by any branch of government, and as Madison indicated, counting on a government to police itself is folly.
No document has value unless we give it value. The Constitution has meaning because we treat it that way. Ceding our own understanding of the words of our own Constitution subjugates our own self-governance to that of the black-robed shamans.
In a collection of Thomas Jefferson’s papers from 1798, there are his notes on the creation of the Kentucky state constitution (many of the Founders were tapped to help draft state constitutions). In these notes, Jefferson reveals what was commonly understood as the antidote to oppressive, unconstitutional government (If that was not the common understanding, for what purpose were state constitutions created?). Jefferson wrote:
“Resolved that the several states composing the US. of America are not united on the principle of unlimited submission to their general government; but that, by a compact under the style & title of a Constitution for the US. and of Amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the General government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
The idea that citizens could refuse edicts that go against their own constitution was nothing new. Even in the Magna Carta of 1215, a clause that has come to be known as Clause 61 or the “security clause”, states that a council of 25 barons would be created to monitor and ensure King John’s future adherence to the charter and if it were determined he was not in compliance, this council would seize the King’s castles and lands until, in their judgement, amends had been made.
Jefferson enshrined the philosophy of John Locke’s 1689 “Second Treatise on Civil Government” in the Declaration of Independence when he wrote:
“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
He further refines this proposition by writing:
“…when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
Notice the word “duty”. That is not a word taken lightly in 1776. It was a supremely meaningful word to people who were essentially signing their own royal death warrants in service to a new, free nation. To emphasize what “duty” meant, they closed the Declaration with an oath:
“And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”
America does not need a new constitution or governmental system. What we absolutely do not need is the socialism of the Biden administration, the Marxism of the Squad or the communism of the columnists of the New York Times. Our Constitution (and the governance that flows from it) was never designed to operate under such circumstances. What we are doing today just as ineffective as trying to change a flat tire with a frying pan or to fry an egg with a lug wrench. Our government is not working, not because it is not the right system, it is because the things that it is being driven to do were never part of its scope.
The Constitution did not leave us, we left it.
But we can change that.
We just need to take up the cause and say no to the tyrants.