Have We Got a Constitutional Crisis?, Part One, 6-22-2010

 Yes.

What I see from the vantage point of my bunk indicates there is a constitutional crisis. Here is what I see: 

1. Street level drug crimes prosecuted as federal crimes.
2. Federal agencies having local/state responsibilities.
3. Federal intelligence agencies still more concerned with bureaucratic turf than cooperation.
4. No clear connection between our governments and constitutions and communities.

As much as I think the Tea Party is over-hyped and under-baked, they do represent an inchoate belief of a broken federal government. I wrote half-baked, since they make much of state governments and state constitutions in a way that makes me think they have no understanding of either. On the left, there is also a feeling of unease about the federal government.

At the same time, we want the federal government to do more. The majority of criminals I have met in this half-way house ought to have been in a state institution. Even the bank robbers could have been just as easily handled by state governments. No one in here compares to Dillinger or Capone or Gotti.

Anyone following what I have written here about the sentencing process has an example of how the federal government expends itself. The mindset may differ from one crime to another, but I do not think the process changes. The federal government will expand its role.

The politicians expand the government because we, the people, want them to do so. The government does not object, as any extension means job security.

I hope to make this problem seems more like blundering than one of intention. That is how I see it anyway - blundering.

The Framers designed the federal government for governing an extended republic in a limited way. (Read The Federalist on this point; it should be at The Gutenberg Project. ) [It is there, just follow the preceding links; I think No. 9 was the one I was thinking of back in 2010. sch 12/11/22.]  The Civil War Amendments expanded the ways in which the federal government was to rule the republic. [I would also say they created American citizenship for all living within the Republic. sch 12/11/22.]  

Specifically, the original Constitution gave much power to the federal government through the Commerce Clause. Right now, the European Union wishes it were as much a common market as we are thanks to the Commerce Clause. 

sch

[To be continued Have We Got a Constitutional Crisis?, Part One, 6-22-2010. sch 12/11/22.]