On the eve of the federal convention, and following its adjournment in September of 1787, the Anti-Federalists made the case that the Constitution makers in Philadelphia had exceeded the mandate they were given to amend the Articles of Confederation, and nothing more.
The Federal Constitution augured ill for freedom, argued the Anti-Federalists. These unsung heroes had warned early Americans of the “ropes and chains of consolidation,” in Patrick Henry’s magnificent words, inherent in the new dispensation.
At the very least, and after 230 years of just such “consolidation,” it’s safe to say that the original Constitution is a dead letter.
The natural- and common law traditions, once lodestars for lawmakers, have been buried under the rubble of legislation and statute. However much one shovels the muck of lawmaking aside, natural justice and the Founders’ original intent remain buried too deep to exhume.
Consider: America’s Constitution makers bequeathed a central government of delegated and enumerated powers. The Constitution gives Congress only some eighteen specific legislative powers. Nowhere among these powers is Social Security, civil rights (predicated as they are on grotesque violations of property rights), Medicare, Medicaid, and the elaborate public works sprung from the General Welfare and Interstate Commerce Clauses.
There is simply no warrant in the Constitution for most of what the Federal Frankenstein does. …