In 1787, while the rest of the world was governed by the whims of kings and tyrants, our Founding Fathers created the Constitution to circumscribe arbitrary governmental powers, establish clear rules, and protect our inalienable individual rights. Incrementally, and almost imperceptibly, however, we are losing our rights as governmental power and control grows and rules are ignored for the “greater good.”
The Constitution of the United States of America is not a document that limits the rights of man, but a document that limits the power of government over man. Either the power of government is limited, or it is not. It can’t be both.
The Obama administration abandoned the rule of law in the Chrysler bankruptcy proceedings by violating Article I, Section 10 of the Constitution prohibiting the state from interfering with the obligation to pay debts. Secured creditors entitled to first priority payment under the “absolute priority rule” were “cajoled” - some say “strong-armed” - into accepting 30 cents on the dollar while the Auto Workers Union, holding junior creditor claims, got about 50 cents on the dollar.
Has the government fleeced pension funds and private investors to pay off powerful political interests? Is our economic system at risk since investors and entrepreneurs are no longer protected by the rule of law and face the potential of government confiscation?
The government cannot say we have inalienable rights except in an emergency, in cold weather, on every second Thursday, or that they may be violated for a good purpose. No man has the right to abrogate the rule of law and the Constitution, not at any time, not for any purpose whatsoever. Any violation of this rule, however well intentioned, places you at the mercy of the whims of would-be kings and tyrants, a.k.a. politicians.
If you think this position is too rigid, un-compromising, too black and white, check your premise. You can’t have it both ways.