Elements of the Constitutional Crisis, January 1, 2012: a modern Platonic dialogue in miniature

I had the following New Year’s afternoon exchange with a good friend and supporter today by I-phone-to-I-phone text message.  It reminded me of Plato’s “Socratic” dialogues, and it seems to encapsulate the basic elements of the fundamental constitutional crisis facing our country so well that I have decided to reproduce it in full here, as a New Year’s Message:

Julia: Dear Charles!! I wish you all Happy, Successful, Peaceful & Fruitful New 2012 Year, filled with Love and Care! May all your wishes come true!!!

CEL III: Well, Happy New Year to you too! How are things going with you and the kids today?
Julia:   Well, I guess it is all relative…. …I will be in la tomorrow looking for places to rent…. Let’s plan in getting together and we will have time to talk more…
CEL III: I am available tomorrow. You wrote: “May all your wishes come true.” One of my wishes is that you and I form a team running against the establishment. What do you think about that item on my wish list?
Julia:   One of my wishes is to work with you also. I will not work against establishment, I will work on improving the establishment- big difference!!! So, if you want to work with me you will have to grind… the granite of the establishment!!
CEL III:  I suspect you are posing a question of definitions. The only part of “the establishment” that I want to preserve is the framework of a true three part federal government with States Rights and Local Government as originally envisioned in the Constitution. To me, almost nothing else is worth saving.
Julia:   That is a very strange statement!!!
CEL III: I am a very strange person, as you must know. But we will have to talk. I oppose all deviations from the three part structure of the federal government. For example: the President and Executive Bureaucracy (including the army and the jails) should not have the power to make law.
Julia:  The latter part!!
You are not a strange person, you are noble and decent man!!!
Well, that is very kind of you to say, but what do you mean, “the latter part?”
The part where you say: To me, almost nothing else is worth saving.
CEL III: Article I creates Congress to be the bicameral legislature (House of Representatives and Senate), Article II creates the executive branch (The President and all executive Departments, including the Secretary of State, Secretary of the Treasury, Attorney General, 11 other Cabinet Level Departments with countless subsecretarial positions from the Indian Affairs under the Secretary of the Interior to the Bureau of the Mint under the Secretary of the Treasury to the Federal Bureau of Investigation and the Bureau of Prisons under the Attorney General, aka “Department of Justice”), and Article III creates the Judiciary (the Supreme Court, Circuit Courts of Appeal, and all District Courts, together with special “Article I” courts of Bankruptcy and Magistracy under the supervision of Article III judges).
The major problem in modern times arises from the historically indisputable fact that the Executive Branch has taken upon itself a vastly expanded role in legislating (that means creating new laws) and performing judicial functions (that means applying the law to specific instances or situations). And the States have been all but absorbed and abolished by the Executive bureaucracy, most notably through “revenue sharing” under the rubrics of Social Security, Medicare, Medicaid, other forms of “Welfare,” Highway, Commercial, Agricultural, and Environmental programs).
Julia:  Ok
CEL III:  And basically I want to wipe out that vast “de facto” government establishment to the degree that the government’s activities today deviate from the very small and limited “de Jure” establishment created and defined by the Constitution. So “grinding the granite” is not enough. We have to abolish all unconstitutional “independent agencies” and “independent commissions” which cross the boundary between the public and private (governmental and individual) realms of life.
The de facto three parts of government establishment with real power to control our world today are (1) the Federal Reserve Bank, created by Title 12 of the United States Code (2) the Commission on Internal Revenue (Aka IRS), created by US Code Title 26 and (3) the Social Security Administration and all Title 42 programs on public health and welfare—none of which were authorized by the de jure Constitution.
         Each of these three de facto branches of government performs its own Legislative, Executive, and Judicial Functions in the name of the United States: thus the “establishment” consists of a shadow de facto government created by and real power delegated by the now paralyzed overwhelmed “de jure” bicameral Congress and unitary Presidency.
Julia:  Let’s talk later
CEL III:  Just study what I have given you above.  It’s a good introductory thumbnail outline.
Julia:  K:)

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