01 May 2020

Some Thoughts on the US Constitution and 'Condervatism'

It has been said that the War Between the States was fought over the copular verb 'to be'. Before the war the the normal construction of a sentence referencing the Federal Union was 'the United States are...' After the war it had become 'the United States is...' It was essentially fought over whether the Tenth Amendment to the US Constitution,
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,
actually has any meaning. 

The identification of States Rights with conservatism was so strong that, to this day the hard-left SPLC hate group warns that anyone who pays 'too much attention' to the 10th Amendment might be a 'domestic terrorist'.

Being in favour of States rights is consonant not only with historical conservatism in the US, but is also very Catholic, in that it incorporates in Constitutional law the Catholic social teaching of subsidiarty.

As Pope Pius XI said in Quadragesimo Anno #79
 "Just as it is gravely wrong to take from individuals what they can accomplish by their own initiative and industry and give it to the community, so also it is an injustice and at the same time a grave evil and disturbance of right order to assign to a greater and higher association what lesser and subordinate organizations can do. For every social activity ought of its very nature to furnish help to the members of the body social, and never destroy and absorb them."
In other words, the smaller units of society should not have the power and right to govern themselves usurped by a higher unit.

However, since the latter part of the last century there has been a shift in emphasis on the part of the 'conservative' movement in the US. Which brings me to what inspired this post. In a thread on FishEaters Forum on the action of some State Governors in banning religious services during the CCP virus pandemic, an otherwise 'conservative' fellow posted this comment,
We're seeing some positive moves from the DOJ in this regard. They really need to go after some of these Governors fast.
In other words, the attitude amongst 'conservatives' seems to have become, 'As long as the State is doing something we agree with, the Federal Government should keep their hands off. The States are perfectly capable of making these decisions on their own.' Examples would include the nationwide mandate for murdering the unborn and the enforcement on all States of pervert 'marriage'.

On the other hand, if the State is doing something they disagree with, the attitude becomes, 'How dare they! The Federal Government needs to step in right now and do something about this!' A good example is the quote above.

So, I suppose, my question to these 'conservatives' is, 'Do you believe in the US Constitution as written, and as interpreted by the courts until Lincoln's unconstitutional war and resultant power grab by the Federal Government, or do you believe in selective interpretation just as the left does'?

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