It might be an uncomfortable realization for some, but the terms “constitutional conservative” and “Republican” are not synonyms. Since there are a number of varieties of Republicans, the two terms will have more or less to do with each other depending on the office holder in question. And finding a Republican who votes consistently in a way that is in harmony with the original intent of our Constitution is not easy to do.
That’s some of the bad news out of the way. Of course, one wonders if Democratic office holders are even aware of what the Constitution says. Even those who purport to be constitutional law professors have either an ignorance, or more likely, an utter disdain for our Constitution. At least if it is to be understood as the founders meant it to be understood.
So we should not be surprised to find legislation that just plain contradicts the Constitution. Given some of the justices who sit on the Supreme Court, we should not be surprised that this legislation remains in force.
The battle for liberty in this nation did not end in Yorktown nor in the adoption of our Constitution and Bill of Rights. It’s raging today just as strongly as ever.
The reason for this is that human nature doesn’t change. There will always be those who wish to increase their power to govern others. Jefferson’s injunction, “Put not your faith in men, but bind them down with the chains of the constitution,” is just as applicable today as when he penned those words. The problem is that the people have allowed the politicians to slip loose from those chains, rendering the words of that document of less effect.
As a result, we are treated to periodic displays by Republicans of contempt for the Constitution. Hence the original observation that there is often not much connection between Republican office holders and constitutional conservatives. This leaves many of us frustrated if not downright angry. Again, we’re talking about Republicans here. The Democrats are a lost cause when it comes to the Constitution. They’d just as soon line a bird cage with it as read it.
The latest assault on the noble document has come in the form of a bill to allow warrantless searches of the people’s homes. Or at least there is the danger that it will be interpreted to permit such acts which would a violation of the Fourth Amendment. Apparently congresspersons didn’t see much of a threat as the bill passed 399-5 (http://clerk.house.gov/evs/2017/roll381.xml). A quick math check would indicate it got a lot of Republican votes.
The Free Thought Project has the details:
“On the surface, House Joint Resolution 76 looks harmless. The title of the bill claims that its purpose is ‘Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission.'”
The whole thing sounds very tedious and obscure, just the sort of bill to yawn at. But we must remember the tendency of lawmakers, administrators, and judges to take a law and turn it into something that was not originally intended. This is the danger here.
“However, there is one major red flag buried within the text of the bill that stems from the list of ‘powers’ given to the Washington Metrorail Safety Commission, and it violates one of the basic tenets of the U.S. Constitution.
“In performing its duties, the Commission, through its Board or designated employees or agents, may: Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass.”
There’s the troubling part. “The text gives the Commission the authority to enter property near the Metro Rail System ‘without limitation’ and without a warrant, for the purpose of ‘making inspections, investigations, examinations, and testing.'”