Constitutionalist Swann Songs

  • Contributor

    Ben Swann popped up in my recommended videos this week.

    I realized I hadn't seen anything from Ben in a while. Figured it had something to do with pizza.

    After watching his cogent video, "Three Constitutional Reasons Why Kavanaugh Should Not Be On Supreme Court," I realized Ben had simply lost the plot.

    Far be it from me to denigrate the Constitution, but we are passed the point where politics is really about the Constitution.

    Individualism, the rule of law, privacy and rights. These once great principles were reflections of the stability, security, and consensus in governance we once had.

    History knows no stability. In our time, as political insecurity raises its head, individualism and reliance on law recede. Beyond symbolic value as a rallying point for the Right, the Constitution is now just a political football for whatever clique rules the court.

    When political divides, animated by a strong moral component and rooted in geographical regions, are in play, violence becomes a very real possibility. This is as true today with the coastal elites ranged against the inner provinces, as it was in the run up to the American civil war.

    There's a very real possibility, if the Democrats take Congress, that we will see impeachment proceedings on the President. We're in a pitched battle between a tentative house cleaning operation in the person of Trump, and "the Empire strikes back," in the persons of Mueller, Rod Rosenstein and the rest of the corrupt Justice department and FBI brass. And it goes deep into the identity and moral sense of both sides, and to their deep economic interests.

    We may well see mobs of protesters and counter-protesters clash in DC, with the local DC political machine dispersing the crowds, or the military stepping in. Perhaps both will enter the fray, beholden to different interests and with opposing sympathies, depending who is president at the time.

    In times like these, constitutional issues of executive authority may come before the supreme court. Which side do we want using force to put down the other side? Would you rather have a Kavanaugh or a Kagan?

    Swann, among others, just isn't adapting to this new post-libertarian reality.

    Our present constitutional republic isn't going to last long. The kind of global capitalism we now have isn't self equilibrating. Bezos and co. are not our friends.

    The Supreme court has always been about getting around the constitution as written, to reflect realities of real political and economic power.

    The founders made it so that amending the constitution is difficult, near prohibitive when the people are divided. Have we ever been more divided?

    That inelasticity led to civil war, once north and south were so divided that no consensus could form. Force majore held the union together then.

    Today, consensus is impossible. Our divides are as big as they were in the 1860s. The high court is going to be a political instrument one way or another. Is it better to have a Kavanaugh than a Kagan picking dictators?

    This is a time of practical necessity, not of principles. Politics has been characterized both as "war by other means" and as "the art of the possible." Both are true, now more than ever.

    So, Ben, stop providing cover for enemies like Bezos, who would gladly use his loot to destroy liberty, without regard for principle. And quit cock blocking Trump on his court appointees, for some principle they supposedly violated!

    This is a time for practicality, not for rigid principles to preserve something that no longer exists.

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