What They Missed …

2018 August 7
by drdog09


By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.

There are two methods of curing the mischief’s of faction: the one, by removing its causes; the other, by controlling its effects.

There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

–James Madison, Federalist 10

In a time when it was political parties and their hangers on competing for favor and votes factions tended to neutralized themselves leaving the general populace unharmed. The industrial north pitted against the agricultural south. Whigs vs Democrats. Branches of government checking each other. Parties swapping turns at the public trough.

But in the post war period that changed. The dominant parties figured out that they did not have to trade the whole trough, just a marginal piece of it. Everybody gets their piece of the action. The only thing that needed to be negotiated is when the offices needed to be switched in a change of power. Uniparty was born. Nobody had to be disappointed.

Competing factions as a check faded away.

‘K’ Street and The Staffers

Hopefully dear reader you don’t believe that the guy or gal you voted in really reads all the bills and writes legislation. Nay, the legislator is merely the marketing arm of whatever bundle of thoughts considered politically viable. That busy work is left to the staffers. Fact is they write most of the bills. To disappoint even further, most of the staffers aren’t that bright either. So they turn to the ‘experts’.

Those experts? They are the lawyers hired by a particular interest to project their clients viewpoints. The clients typically being an industry group, foreign power or particular NGO. Nowhere is this practice more blatant than in the oligarchs of communications and the NGO princes of environmental affairs. In both cases the lawyers are literally writing the legislation and handing it over to the staffers.

But aren’t the environmentalists in opposition to the industrialist? Funny that, in the marketplace they are. But in the halls of Congress, not really. Each faction has aligned itself with a particular piece of the Uniparty. But ironically its not so much for leverage as it is assuring themselves favorable positions at the public trough. And many players play both sides of the Uniparty, eg the Koch brothers for example. With alignments like these nobody has to ‘fight’ for position.

Legislate Away

Lets look at two attachments to the Constitution —

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Unanticipated Needs

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available until September 30, 2020.


The nature of how the legislature drafts its business has changed in the last century. In the first case cited the text is definitive and lacking in ambiguity. In the second case it is a ‘this is what we want’ laundry list. If you back on legislation written in the 1800’s what you will find striking is how detailed the bills were drafted. The purpose, rules and exceptions were clearly laid out when they were passed to the executive. In the 20th century laws slowly became less clear and in many cases included clauses like "… at the discretion of the executive to progumate the rules as appropriate." The law is a legislative intent, attached with appropriation with the rules of engagement to be defined by the executive.

An Ungovernable Country

Turning legislation into wish lists has several ramifications:

  • The legislative defangs themselves leaving nearly the only way to stop an outcome is to threaten with the purse which they seldom do. But they do so by design. Being Uniparty passing the buck to the executive relieves them of responsibility. The most egregious example was John Kerry — "I vetoed the bill, but voted for it to become law". He could play it both ways to the folks back home, and did.
  • The executive now is saddled with the additional burden of rule making that can be implemented in the wild. The marker that the executive is doing so is the signing statement. Lacking clear legislative intent the POTUS issues a signing statement of his understanding of the law as he sits there signing it.
  • "The problem left here just fine" burdens the courts. In any given year SCOTUS has on their docket one to many cases that revolve around the legislative intent as enacted by the executive branch of government. This issue could be reduced if the legislature would return to their prior legislative definiteness as the courts have generally demurred to the legislature being the top body of the USC. Probably the worst case of recent vintage was Obamacare. The SCOTUS ruling it was a tax when the legislation was not clear on the issue having been forced thru the reconciliation process.

Here is where the whole concept of ‘Ungovernable’ is turned on its head. The government was not constructed to govern Ala the EU. That is explicitly defined in the IX and X amendments to the USC. The citizens were meant to govern themselves within the bounds of grace and common law boundaries. The Progressives however look at it from a European point of view that those actions allowed the citizenry are divined by the government and not Natural Law. They seemed to have won that argument for when was the last time you heard a case invoking the IX or the X? Exactly.

Here is where the Progressives turn to the idea that the country is ungovernable. They can’t get what they want under the old governmental constructs. Some have even been so bold as to suggest another set of Progressive bill of rights overlaying the current document. They may yet get their way if Congress falls to the Democrats again.


So lets wrap it up. The factions that Madison envisioned that would neutralized each other have instead been sated by the common weal. The legislature does not legislate. The executive is constantly expanding as the legislature kicks the rules down the road. The courts are increasingly tasked with cleaning up the legislative errors after the fact. The interests of the individual are constantly supplanted by class-identity strife. Add an increasing financial debt load for flavoring.

Under that environment its no wonder we see —

  • Tent camps in LA from both illegal aliens and dispossessed citizens.
  • Pension systems so under funded that they are guaranteed to the collapse. Its just a matter of when.
  • Rapacious government scrapping for every dollar they can steal. Confiscation of monies when no crime has been committed for example.
  • An inability to protect borders as it is worthwhile for Uniparty to do so.
  • Lack of will to reign in spending at any level of government.
  • Moves by several States to accept payment in other than coin of the realm.
  • A citizenry increasingly disabused and unable to change the course of affairs even as they feel the effects of the train wreck to come.

Act accordingly as your personal survival is at stake.

10 Responses leave one →
  1. 2018 August 7 7:58 am
    drdog09 permalink

    As seen on a social media site…..

    “Is it legal for a D.A. to prosecute charges that are much harsher than the facts shown? I stand trial in 2 weeks facing 4 years of imprisonment. Can I really go to prison for explosives that I used when I was trying to make a tiki torch?”

    They vote too.

  2. 2018 August 7 8:21 am
    fight on permalink

    To much concentrated power in DC. We need some of the depts around the country.

    Ag for instance to Des Moines, Energy to Houston, HUD to Detroit and so on. Break up the K street power.

  3. 2018 August 7 9:33 am
    drdog09 permalink

    Bottom line: Anyone that uses Facebook is against free speech. Period.

  4. 2018 August 7 9:45 am
    drdog09 permalink

  5. 2018 August 7 10:19 am
    drdog09 permalink

    How freedom dies — https://youtu.be/M4-TxYLQ_L0

  6. 2018 August 7 11:56 am
    bc3b permalink

    fight on #3

    I’ve always felt the same way. If various government departments were relocated around the country, think what it would do to DC area home prices. Let’s do it!!!

  7. 2018 August 7 12:39 pm

    Excellent OP.

    1\6 – Never had it to delete. 🙂

    3 – Not a horrible idea, I don’t think it would stop it, not even close, but it would distribute\dilute the pain a little.

  8. 2018 August 7 12:57 pm
    JimNorCal permalink

    5, a thing of beauty!

    I deleted my little used Facebook and unused Twitter a few months ago. I only used FB to follow the kids and none of them were still on it. They’ve all moved to SnapChat and InstaGram LOL

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