When the Constitution Fails Us, by Andrew Napolitano

When the Constitution fails us, it’s time for new arrangements. From Andrew Napolitano at lewrockwell.com:

I have been writing for years asking if we still have the U.S. Constitution. That issue has come into sharper focus in the past 18 months as mayors and governors have created dictatorial powers and exercised those powers to interfere with personal autonomy in America. They have done this in utter disregard for the freedoms protected by the Constitution they have sworn to uphold by asserting that public health trumps personal liberty.

Here is the backstory.

Government is essentially the negation of freedom. If the values underlying the Declaration of Independence, the Constitution and the Bill of Rights — maximum personal liberty and minimal government — are to be taken seriously, then we all know that government has gone so far astray as to make it unrecognizable to the revolutionaries who fought the British and the founders and framers who wrote and ratified the Constitution and its first 10 amendments.

Those underlying values are generally articulated in the first eight amendments, which restrain the government from interfering in personal liberty. The Ninth Amendment codifies that our rights are too numerous to list, and thus it requires the government to respect the natural unenumerated rights of all persons, in addition to those rights specifically enumerated.

The 10th Amendment reflects the ratifiers’ public understanding that the Constitution is a compact, voluntarily entered into by sovereign states; and when they entered, they only surrendered to the federal government those powers enumerated in the Constitution, and thus they retained the powers not surrendered.

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