Practical Originalism and the Recess Appointments Brief
You know, eve
rything has its place.
They set up the giant Christmas tree in my city’s downtown this weekend.
That wasn’t the first premature dose of holiday spirit I’ve endured over the last couple of weeks. Last Thursday, one of our local radio stations began its 24/7 rotation of Christmas music. A nearby mall hung up decorations in the parking lot almost two weeks ago, preparing for a pre-Black Friday sale. And a couple of neighbors lit up their houses over the weekend.
Don’t get me wrong. I’m not a Grinch and my friends don’t call me Ebeneezer. In fact, I love Christmas. It’s my favorite holiday. I revel in the music. I deck the halls at my home with gusto. I look forward to the smells and and tastes of Christmas baking. Adding to the significance of the season, I’m a devout Christian and the spiritual aspect of Christmas holds deep meaning for me and my family.
But it’s too early.
We’ve barely packed away our ghosts, ghouls and goblins. We’ve not even thawed out the Turkey. Thanks remains to be given. I just can’t get into the Christmas spirit until after Thanksgiving.
I consider Christmas the most wonderful season of the year. But like everything, it has its place and time. And when yanked from its proper spot in the calendar, it turns into something it was never meant to be.
As I was lamenting the early arrival of the Christmas season, I noticed some parallels to the early foisting of Christmas on society and the overreach of the federal government.
You see, I am not against the federal government. It has its place and its role, specifically and brilliantly defined by the Constitution. When the federal government limits itself to its prescribed powers, when it operates within its proper sphere and fulfills its defined roles, it serves and important and much needed function. But when it begins to creep beyond its place, it becomes at best an annoyance, and at worst – downright nefarious.
I don’t want to eliminate Christmas. I want to celebrate it within its proper time and place.
I don’t want to do away with the federal government. But I do insist that it stay within its Constitutional limits - every issue, every time, no exceptions, no excuses.
You see, everything has its place.
About the author
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He proudly resides in the original home of the Principles of '98 - Kentucky. See his blog archive here and his article archive here. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty/
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"to keep ourselves, our children, our children's children and future generations free from danger, free from risk of loss, free from fear, anxiety, doubt and free from our government exposing us to harm, danger and unauthorized people who would listen and intercept us and our communications, free from our authority (power) becoming obsolete or non-existent by having something (this document) that promotes and contributes to our well-being, happiness and prosperity, ensuring that we are free from restriction and control, that we may express ourselves the way we choose to without unjust governmental control, without interference, undue regulation and without the government getting in our way, hiding from our sight or delaying or stopping our progress toward our goals,
"with the highest authority, and with no other being more powerful or having more authority, we cause this document to offer instruction and direct the course of government in the particular way it is written, these are the rules and guide we lay down, recognize and accept in our alliance to each other, the Constitution for the United States of America."
"You and I who are citizens of these States which have agreed and are in harmony with the following specific form of government, "
"so that we may proceed as specified in this document in shaping better instructions suited for our purpose and this alliance of people,
"to bring about law, and a procedure of law, making stable; fairness, equity, the qualities of moral rightness and being just,"
"to make sure and to secure that our families, households, lives and our country's internal affairs are free from commotion, disturbance, anxiety, tension… that they are composed, unclouded, fair and steady,"
"to plan ahead and prepare to resist the dangers, attacks, evils or harms that we face as a community,"
"to advocate and contribute to the common concerns we have involving our health, happiness, well-being and prosperity,"
Love the analogy. The most common rebuttal in conversation that I get, whether it's in person or online, is that I am anti-government (or anti-tax). Neither is further from the truth. I simply want both in their proper place, where they work for the people. Not restricting individuals, but following the purpose of the Constitution.
I broke the Preamble down into today's language for my son… Was thinking I should probably send it on to my local elected officials…
Interesting comparison. But , while towns, stores, etc. do eventually pack up Christmas and put it all away, we are stuck with the out of place federal government all year long, and year after year.
Lift your cup of wassail: "Here's to getting the beast back in the cage where it belongs."