Causes of Crisis

"Gentlemen, we have a crisis situation."
--Jester (Top Gun)

Interesting discussion of how we've evolved into a Constitutional Crisis situation. Especially liked the review of the negative influence of the Progressive movement.

I thought that the author missed the mark on a couple of points, however. He correctly notes that the Three Fifths clause which legitimized slavery was not a principle of the Constitution, but a compromise. But the author implies that it was a necessary compromise to close the deal that ultimately led to the union of states. Furthermore he argues, using some cites from Frederick Douglass, that the Constitution was ultimately and anti-slavery document. Because it was grounded in the 'all men created equal' principle set forth in the Declaration, tension was created by the compromise that ultimately led to slavery being thrown off.

Very neat, but what if enough anti-slavery framers had the cojones to stand their ground at the convention? Might the union have included fewer states in the beginning? Yes. But the principle would have stood from the outset. And millions of lives would have subsequently been saved. Indeed, it can be argued that willingness to 'compromise' ranks highly in the factors that have led to the Constitutional Crisis that we face.

Before lambasting Progressives for wanting to consolidate power in the executive branch, the author claims that there are times when the president rightfully should wield such power. In the event of war and crises, he suggests, the president must be able to circumvent constitutional balances of power to, essentially, 'preserve the union.' He is undoubtedly covering for Lincoln, whom he is sympathetic to and quotes liberally in the article despite Lincoln's abuse of power during his administration.

Lincoln and other presidents have used 'emergency powers' to do precisely what the author seems to argue against--i.e., the durable confiscation of liberty by an authoritarian state. Although he quotes work by both Jefferson and Locke that appear sympathetic to concentrating authority with the executive branch in times of crisis, there is no provision for doing such in the Constitution itself.

Indeed, the inconsistencies demonstrate by the author suggest that there is plenty of blame to go around for our present crises. The actions of many so-called 'conservatives' have done as much to denigrate the Constitution as those of Progressives.