What If the Constitution No Longer Applied?
What if the whole purpose of the Constitution was to limit the government? What if Congress’ enumerated powers in the Constitution no longer limited Congress, but were actually used as justification to extend Congress’ authority over every realm of human life? What if the president, meant to be an equal to Congress, has become a democratically elected, term-limited monarch? What if the president assumed everything he did was legal, just because he’s the president? What if he could interrupt your regularly scheduled radio and TV programming for a special message from him? What if he could declare war on his own? What if he could read your emails and texts without a search warrant? What if he could kill you without warning?
What if the rights and principles guaranteed in the Constitution have been so distorted in the past 200 years as to be unrecognizable by the Founders? What if the states were mere provinces of a totally nationalized and fully centralized government? What if the Constitution was amended stealthily, not by constitutional amendments duly passed by the states, but by the constant and persistent expansion of the federal government’s role in our lives? What if the federal government decided whether its own powers were proper and constitutional?
What if you needed a license from the government to speak, to assemble, or to protest the government? What if the right to keep and bear arms only applied to the government? What if posse comitatus — the law that prohibits our military from our streets — were no longer in effect? What if the government considered the military an adequate dispenser of domestic law enforcement? What if cops looked and acted like troops and you couldn’t distinguish the military from the police? What if federal agents could write their own search warrants in defiance of the Constitution? What if the government could decide when you weren’t entitled to a jury trial?
What if the government could take your property whenever it wanted it? What if the government could continue prosecuting you until it got the verdict it wanted? What if the government could force you to testify against yourself simply by labeling you a domestic terrorist? What if the government could torture you until you said what the government wanted to hear? What if people running for president actually supported torture? What if the government tortured your children to get to you? What if the government could send you to your death and your innocence meant nothing so long as the government’s procedures were followed? What if America’s prison population, the largest in the world, was the result of a cruel and unusual way for a country to be free? What if half the prison population never harmed anyone but themselves?
What if the people had no rights except those the government chose to let them have? What if the states had no rights except to do as the federal government commanded? What if our elected officials didn’t really live among us, but all instead had their hearts and their homes in Washington, D.C.? What if the government could strip you of your rights because of where your mother was when you were born? What if the income tax was unconstitutional? What if the states were convinced to give up their representation in Congress? What if the government tried to ban you from using a substance older than the government itself? What if voting didn’t mean anything anymore because both political parties stand for Big Government?
What if the government could write any law, regulate any behavior, and tax any event, the Constitution be damned? What if the government was the reason we don’t have a Constitution anymore? What if you could love your country but hate what the government has done to it? What if sometimes to love your country, you had to alter or abolish the government? What if Jefferson was right? What if that government is best which governs least? What if I’m right? What if the government is wrong? What if it is dangerous to be right when the government is wrong? What if it is better to perish fighting for freedom than to live as a slave? What if freedom’s greatest hour of danger is now?
COPYRIGHT 2011 ANDREW P. NAPOLITANO. DISTRIBUTED BY CREATORS.COM.
Read more by Andrew P. Napolitano
- What If We Have Only Memories of Freedom? – May 23rd, 2012
- Is There a Drone in Your Backyard? – May 16th, 2012
- What Constitutes a Fair Trial? – May 10th, 2012
- The President’s Private War – May 4th, 2012
- Is the CIA in Your Kitchen? – March 21st, 2012





T.J.
November 28th, 2011 at 11:24 pm
Looks like we can officially dispense with the "What if" part. It's been this way for a while and only getting worse. At some point violent resistance becomes the only solution when all peaceful remedies have been eliminated by the government itself.
davidgrayling
November 29th, 2011 at 12:35 am
What if the U.S. became a rogue nation and was intent on global domination? What if the American people allowed this development thinking that they were going to profit? What if they found out that only a few people would become fabulously rich while they became impoverished peasants without rights?
Makes you think, doesn't it?
http://www.dangerouscreation.com
John_Muhammad
November 29th, 2011 at 1:49 am
Dangerous sort of writing this is- it might inspire others to (horror of horrors) think for themselves and think long and hard what America means to them. It might inspire someone to speak up- and another, and another, and another until the tide of voices are deafening.
As Gandhi said, "They cannot arrest us all".
Then again, *what if* there were so many voices loudly and publicly raised against an increasingly totalitarian government they could not ignore it or discredit it on the evening news? *What if* mass arrests took place? *What if* those thousands of people chose to remain in jail rather than post bail or pay the fines? *What if* it became clear to the world that the US government is making political prisoners of its critics?
The skies over our once fair nation are darkening at a frightening rate and, as said in the film 'Glory', "It's time we ante up and kick in- like men".
ghouri
November 29th, 2011 at 3:20 am
There is no law in america and live with the law of jungle.
bob35983
November 29th, 2011 at 4:08 am
I recommend to you The Tyrannicide Brief by Geoffrey Robertson.
As a history junkie I find it fascinating that in every revolution / civil war that I've read of it seems about the first entire year of hostilities is characterized by a refusal among the revolutionaries to blame the guy in charge; no, for he is a good ruler who has just been getting bad council from wicked advisors. It never seems to occur until after much blood-letting that wicked advisors can only exist under the protection of wicked rulers.
Jefferson was right again. It does seem a universal principle that people are willing to suffer so long the suffering is bearable. The American people apparently have a remarkable capacity to absorb pain.
Eric
November 29th, 2011 at 4:34 am
What if the constitution was just a power grab in the first place? What if the bill of rights wasn't even part of it originally? What if the people (with the exception of Madison) who insisted on a bill of rights were the same ones who argued most strongly against the constitution? What if the evils they foresaw are coming to pass? What if we got a chance to do it all again? Would we make the same mistake?
David762
November 29th, 2011 at 7:46 am
Sorry to say, Judge Napolitano, but the USA is well beyond your speculations of 'what if?'
One of the more pertinent questions to ask at this point is: 'what can we do now to reverse this trend toward tyranny and restore the constitutional republic under the rule of law, short of armed insurrection?'
We have multiple difficulties to overcome.
The Lame Stream Media is almost entirely co-opted by the Monopoly Corporatists.
A majority of politicians of both Democratic and Republican Parties are owned by the Kleptocracy.
Election results have been corrupted by easily hacked electronic voting machines.
The Wall Street Mobsters have a virtual stranglehold on our economy.
Real U6 unemployment is at 20% or worse, with no improvement in sight.
The military and intelligence agencies,are engaged in clearly unconstitutional multiple optional preemptive overseas adventures of empire that are bankrupting the country.
The national security surveillance police state has emerged as the domestic face of tyranny, while constitutional rights & liberties continue to be marginalized as we watch.
The Federal Reserve, comprised of the TBTF Bankster Gamblers and the Wall Street Mobsters, dumps $Trillions$ into domestic, multinational, & foreign corporations, stock markets, and commodity markets in secrecy while fiscally suffocating Main Street businesses and consumers.
——–
No doubt I have missed some salient points, but the gist is that tyranny rules supreme in the USA today. It has taken a very long time to arrive where we are, but any counter-revolution must be engaged far more quickly if this country is to have any hope of restoration. Maintaining the current status quo is unsustainable, even for a fascistic tyranny bent upon global empirical hegemony.
carroll price
November 29th, 2011 at 8:16 am
It has taken 150 years to assume full effect, but the Constitution became a useless relic on the day General Lee surrendered his army at Appomattox Court House. (April 9th, 1865) Contrary to popular belief and teachings, the purpose of war was not to "free the slaves", but to free the Central government from all restraints placed upon it by the Constitution.
skulz fontaine
November 29th, 2011 at 8:47 am
Probably isn't a "what if" scenario. Not any more. We are in a 'that's the way it is' sort of motif. Feed them shotguns kids, it's gonna be a bumpy ride…
red
November 29th, 2011 at 9:29 am
If we were Germans, or French, or English or whatever, we'd be part of a nation. If we were a nationality we'd be a nation. But America has never been a single nation, it's been and is yet a place overseen by a State apparatus. That apparatus has been, historically, somewhat limited by the basic law – the Constitution. It, however, has followed policies that the people don't like. And at times this disconnect between what's legal and what's "necessary" for the policies has made it impossible to govern within the law. Regrettably, once an Nth State abandons law, it must fall back on the moral and ethical resources of the Nation. Alas, America cannot do that – because there's never been a real nation there. Arguably, when it made a policy of illegality, America went "poof!" and ceased to exist. But like the Soviets, it's taking a while for the perceptions and the physical habits to expire. Pity! It was pretty nice place to grow up right after WW2….
Chris Mallory
November 29th, 2011 at 10:16 am
We were a single nation for a long time. That is gone now, destroyed by "diversity".
Benjacomin Bozart
November 29th, 2011 at 11:20 am
The American people are not only allowing it but saying we have a divine God given right and duty to rule the world.
marko
November 29th, 2011 at 11:52 am
Yeah, damn immigrants. Life was good when it was just us Indians.
carroll price
November 29th, 2011 at 1:18 pm
The founding fathers never envisioned the term “United States” as meaning anything other than a group of sovereign states united together under a central government. Prior to The War to Prevent Southern Independence ,the term United States was understood as a plural, rather than a singular term. If you read the Constitution with this in mind, you will see that throughout the document a distinction and separation (as to jurisdiction) was always made between the “United States” (meaning the District of Columbia and US Territories under congressional jurisdiction) and the States (meaning all areas under the sole jurisdiction of one of the sovereign states. As a far superior document, The Articles of Confederation never should have been abandoned in favor of the US Constitution.
Mark
November 29th, 2011 at 1:22 pm
Better to be ruled by Indians than Obama’s savages.
rosemerry
November 29th, 2011 at 1:33 pm
A powerful post, but the real takeover is not governent elected officials, but the lobbies and corporations that rule them.
GeoffreyTransom
November 29th, 2011 at 4:04 pm
Napolitano's "What If" list is precisely what you should expect when you decide to compromise with tyrants.
The men who led the movement that drafted the Declaration of Independence and the Articles of Confederation, could see by the mid 1780s that moves were afoot by the Hamiltonians to take over the political sphere and centralise power in the manner of a typical European 'court'.
Rather than do what was right (i.e., to oppose the Hamiltonians, root and branch) they decided to try to insert a list of caveats into the nascent Constitution: the Bill of Rights. They preferred to try to compromise with men that they KNEW had designs on centralised 'supreme' power, rather than fight for the system they actually championed.
Well guess what – within 100 years it was clear that they lost, big time. When Lincoln's slaughter prevented several States from exercising their rights to secede, the Hamiltonian gambit was almost complete: from there to internment of 'internal enemies' (e.g., the Alien and Sedition Acts, the Espionage Act, Japanese internment) and on to control of individual behaviour (war on drugs) was simply the finishing touches.
When you give a group of parasitic megalomaniacs a list of things that represent the MOST IMPORTANT of the constraints on their behaviour, two things will happen:
(1) the list will, in time, be taken to represent the ONLY constraints (the whole "rights are GRANTED by the Bill of Rights" trope); and
(2) to the extent possible, the language of each of the constraints enumerated will be parsed to such a point that the constraints become meaningless (this is easy if the aforementioned group of megalomaniacs employs the "judges" who do the parsing).
So locking a man up for 14 years for 'civil contempt' is not a violation of the 8th Amendment – because, in the words of the judge, it was simply "coercion" and hence NOT "punishment". See how words work?
So tying a man to a board and pouring water down his nasal passages until he feels like he's drowning does not vioalte bans on torture – because power-fellator John Yoo says that it's only torture if there's organ failure (I've said this before: give me John Yoo and a range of power tools, and I will change his mind in five minutes – and with no permanent damage or organ failure, it won't be 'torture').
So corraling protesters and declaring demonstrations to be "unlawful assemblies" (and then sending in the baton-wielding tax-funded sociopaths) does not violate the 1st Amendment – because some robed geriatric participating in a theatrical set-piece says so.
Sadly, there is not one man in a thousand who is really alive to the charade that is being played out whenever these political vermin meet – their 'summits', their 'G8/20', their 'APEC'; as the Milgram experiment and the Stanford study showed, a large number of our fellow men are gulled into obeisance by the trappings of 'authority', and there is a non-trivial cohort that get off on inflicting state-sanctioned violence towards their fellows (these are the puppy-killers in their "Star Wars Meets the Village People" getup – they of the no-knock warrantless raid).
This does not end until sociopaths are too scared to participate in the State's rapine. They don't wear kevlar at home while they jerk off to re-runs of "Cops".
RickR30
November 29th, 2011 at 9:27 pm
They've build plenty of private jails for lots of people. So they're ready.
greg
November 30th, 2011 at 1:42 pm
Ron Paul is the only one out there who even acknowledges any of these problems so if you want to have ANY hope of beginning to fix this rotten empire, vote for him, especially in the primary.
Canadian
December 27th, 2011 at 10:58 am
What if you silly buggers were forever geographically confused and called numbers in countries outside of Merka, like mine? What if you appeared to have no idea that it's not always about Merka? What if the rest of the world for the most part simply did not care about your nationally egocentric silly ranting?