Where is that document that defined our nation? Is it now only a remnant of our past? I ask the question using the past tense, because I see us as not living under the umbrella of the Constitution, like I thought we were, as recently as November, 2020.
It used to be that when a crime was committed, there was a law and a court, a prosecution and a defense, to sort it all out. I can’t put my finger on an exact date that that process began to unwind, but let’s just say it was around the Election of 2020, and dismiss all the previous crimes that went unpunished, before then. Sounds easy, doesn’t it? There is a problem, and not being a lawyer doesn’t make it any less obvious.
A lawyer has the law, the courts, all the rules, the ruling, the technical aspect and the order that the court requires, just to start on the process of getting justice. The People have supposedly their representation, known as the District Attorney, or US Attorney, as the one who supposedly protects the interests of the People. I know I am oversimplifying it, but bear with me, please. Whether or not the court works, and most of the time it does, but what happens when the Executive, Legislative and Judicial branches of government excuse it, by using words, such as “not having standing” or otherwise refuses to hear complaints made by the people, through their representatives, such as an Attorney General of a state, or a body of individuals, such as one that has claimed damages as a result of crimes being committed, or a group that performs an illegal act to undermine the integrity of an election? Where do they go, when the courts refuse to hear the grievance? How can you have a judicial system, if you don’t have a Constitution?
What happens when federal, state or local governments pass what they know are unconstitutional laws? I know there is a process of dealing with them, after the fact, but what about the impact that happens before they get challenged, if they get challenged, at all? Why is this even allowed to happen? I think we know why that happens, but are too complacent to do anything about it. How can you have a Legislative branch without a Constitution? You can’t.
What happens if there is no constitutional remedy? What happens when the Constitution can’t right an obvious wrong. Where do you go? I’ve been asking that question, for some time, now, and only seem to run up against a wall, from people who actually cling to the idea that we are still living under the ideas that were, I thought, cemented in place, by having the US Constitution. Are we even still a country, a constitutional republic, where we elect our representatives, make laws to guide how our country is safeguarded against crime, internal and external? No.
I’m asking, because people say there are no remedies that are constitutional. I’m saying the Constitution is on a sabbatical because it has been missing in action, since, at least the last national election. It doesn’t presently exist, because we allowed our elected officials, bureaucracies and the courts to renege on the oaths of office they pledged to uphold, which includes defending the Constitution as the basic precept of the oath. How can one say there are no remedies if something isn’t enforced? You can’t have the argument both ways. So, what can one do? I don’t know what the answer is, but I do know that if the Constitution is not being followed, and there is no remedy to fixing what is broke, maybe we really have a so-called constitutional crisis? What if the only solution becomes extra Constitutional? It is.
According to Jefferson, the people should establish a new government if the present one doesn’t serve them. This is because governments exist to secure certain unalienable rights, and if they cannot do so, then the people have the right to alter or abolish them. Was Jefferson calling for a coup? What would that make those who performed that act? Terrorists? I’m not sure I care what people call me, anymore. I just want my country back.
What does it mean to defend the Constitution? Can it be defended if it is missing? No. It has to be restored, first. Just because the original is under glass at the National Archives, in Washington, DC, that doesn’t make it ours, anymore. What about all those brave men and women who fought to preserve that Constitution? Are we not able to fight to get it back? What laws do we use to get it back? We can’t say it is the Constitution, when the Constitution has no remedy, can we? I hate contradictions.
The only solution I can think of is one where we fight, however we can, to restore the Constitution, but we can’t say we are a constitutional republic until what’s currently broken is fixed. You can’t just look back. The US Constitution is an idea and a template to form how we live, survive and thrive as a country. It is missing in action, and we can’t expect it to just pop back up. We are going to have to fight to get it back, and fight to keep it. We let the Constitution down, when we let it go. There is no legitimate branch, agency of government or law, that is valid without it. If we don’t do something about this, we are not even a country. That’s some legacy to leave our children, isn’t it?
I’m not willing to accept that there is no solution. I believe God Blesses America. It is we who are letting Him, and us, down.
Mark Berwind
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