Dear Friends,
It seems to me, the elephant in the room of this impeachment, the thing no one talks about and carefully avoids seeing, is that it is a struggle between the deep state and the constitutional government. Since Woodrow Wilson, the progressive faction has been intent on replacing the constitutionally limited government, with an unlimited Administrative State. The Administrative State is the bureaucracy, the permanent government, that has all the power of legitimate government invested within it, run by professionals, and tasked with improving the lives of everyone. The Administrative State has no need of limits, because it is benign and run by kindly masters, who only seek our best interests. Progressives believe in this vision as rabidly as members of the People’s Temple believed in Jim Jones.
The struggle between the Administrative State, or the deep state as it is often called and the constitutional government, has been going on since Woodrow Wilson, but the war really got underway when the Supreme Court ruled in Wickard V Filburn, that the federal government has the authority under the interstate commerce clause, to regulate any action possible by a human being, because it may somehow tangentially or ephemerally effect interstate commerce. Filburn was a farmer who was allotted 10 acres of wheat to grow. He planted 22. Filburn argued he wasn’t selling the wheat on the open market, he was feeding the wheat to his cows. The court ruled that since he would not buy feed for his cows, because he grew the food himself, he would thus effect interstate commerce.
Under the US Constitution, it is the President that sets foreign policy, but as we saw in the recent testimony, now if the President runs foreign policy that is counter to that of the state department, he is running a, “rogue foreign policy….” This is a clear violation of the US Constitution. No where in the US Constitution does it invest any power over foreign policy to the state department, bureaucracy or deep state. The Constitution gives all power in international relations to the Executive. This is unacceptable to the administrative state and it’s proponents. They truly believe that a President has no right to upend longstanding policy, set in place by professionals, who know far better than some beauty contest winner what US foreign policy should be. This is a fundamental conflict in philosophies.
In the struggle between the Administrative State and the constitutional government, the courts have played a pivotal role. As we saw in Wickard V Filburn, the Supreme Court made the Administrative State possible in the US. Recently, the Supreme Court saw a case that challenged the constitutionality of the bureaucracy itself, making regulations that have the full weight of law, in clear violation of the US Constitution that invests all law making power in the Legislative branch alone. The Supreme court ruled, the Legislative Branch had willingly ceded that power to the Executive, and so that makes it Constitutional. Furthering the power of the administrative state over the Constitutional one. Showing the Judicial Branch of government has taken sides in this war.
In the war between the Administrative State and Constitutional government, (that the Administrative State is superimposed upon now), not only has the Judicial Branch taken the side of the Administrative State but so has a majority of legislators, along with every President since Reagan… so, for decades, all three Branches of government favored the Administrative State. Giving the bureaucracy a string of victories that made it complacent. They forgot about the people though, that maybe the people might not like total government, benign though it would be, which is why they were blindsided by Trump’s victory. Trump favors the Constitutional government, so he must go, by abusive impeachment if that is what it takes, else the Constitutional government might get a Branch or two back.
Sincerely,
John Pepin
