The Burning Platform: A Time for New Beginnings and Ending That Which Must End

The Burning Platform has A Time for New Beginnings and Ending That Which Must End which discusses their take on the ending of our republic, the battle for our liberties, and who the enemy is.

Janus is an ancient Roman, a composite god who is associated with doorways, beginnings, and transitions. A usually two-faced god, he looks to both the future and the past at the same time, embodying a binary.



If they can get you asking the wrong questions, they don’t have to worry about answers.

– Thomas Pynchon, “Gravity’s Rainbow” (1973)


Two years ago, also during the month of Janus, I wrote a speculative article on Trump as two faces on the same coin and, specifically, considered the president as the “most interesting man in the world”: an enigmatic “ringleader”, of sorts, who always keeps us guessing between transitional episodes:

In so many ways, Trump is the perfect foil to usher in a new epoch… a forerunner of sorts before another ringleader takes center stage.

To be sure, President Trump is like a flip-sided Obama the way he’s branded upon America’s psyche. And, like Obama, he’s a walking, talking, Rorschach test.

For good? Or bad?

Either way:  We all have our suspicions and are becoming more certain with each passing day.

And here we are today, two years later, still wondering.


In the wake of Russiagate, the Mueller Show, the 2018 Midterms, the Ukraine impeachment debacle, Covid, and, now, a stolen presidential election, it calls to mind the following questions:

What if the innermost circle of The Borg, or, at least, the mid-level components like the Deep State, Orwellian Media, Dems, Rinos, and punditry, were actually caught off guard by Trump’s 2016 win – simply as a result of underestimating the awareness and will of the American voters who overwhelmed The Borg’s systemic election fraud four years ago? What if Trump were real and Spygate, Mueller, Ukrainegate, and Covid, were the means to gaslight the dupes and tie-up the president as much as possible over the previous four years?

In consideration of Occam’s Razor: What if everything we have seen during Trump’s presidency was merely a natural progression of events?

Then, what if the same voter fraud occurred in the 2020 Election except, this time, The Borg was caught red-handed?

Certainly, the Orwellian Media’s anointing of Dementia Joe was, in part, a plan conceived and launched by the “bipartisan” Transition Integrity Project (T.I.P.) under the cover of Covid and using technologies and methodologies defecated straight from the bowels of Langley.

Everything about November 3, 2020, and the ensuing post-election narrative propagated by the Orwellian Media smacks of desperation by those attempting to pull off the coup. Does it not?

Or it could be another show: A really, super-big, gigantic, end-of-America-type media event.

During the holiday break, I listened to attorney Sidney Powell and Congressman Louie Gohmert (R-TX) interviewed by a guest host on the Rush Limbaugh radio program. To hear Powell and Gohmert outline the overt suppression of evidence of fraud in the 2020 Presidential Election was staggering, to say the least. But, that very evening, the nightly news, instead, showed Kamala Harris receiving her Covid vaccine. The “Vice President-Elect”, then, through her mask, and with her trademark nasal whine, implored Americans to follow her lead and get their shots in the arm too.

What is occurring in America now may seem surreal but it is, indeed, actually happening.

In early December, President Trump, by his own admission, gave what may have been the most important speech of his lifetime, and it was not given one iota of coverage on my local nightly news. Instead, we were informed on “President-Elect” Joe Biden’s virtual round-table of small business owners who were impacted by the Covid pandemic as well as the number of new Covid cases in the country that day.

Furthermore, if you go to YouTube and query “Trump’s most important speech december 2, 2020” this is what appears: “Fact-check” videos on Trump’s “baseless voter fraud claims” and “speech riddled with falsehoods”.

Now try this: Search for the word “Plandemic” on the Duck Duck Go search engine, and you will see the website for appearing at the top of the results.  But if you search the same term on Google, the Plandemic video website does NOT show.  Instead, you will see a Wikipedia link labeling Plandemic as “misinformation” and a science magazine’s website “fact-checking” “unsubstantiated claims and accusations”.

Consider for a moment the kind of power we are witnessing:  The mainstream media, the FBI, the Justice Department, the CIA, Big Tech, The Drudge Report, most of Fox News, and, now, even the American electoral system and Supreme Court… ALL assimilated by The Borg.

How could this all-inclusive collusion exist?

What follows will provide some of the answers to that question.

Catherine Austin Fitts is a former banker turned whistleblower and served as the Assistant Secretary of Housing and Urban Development in the late nineteen-eighties under Bush the Elder. A few days before Christmas 2020, an interview of Fitts was posted whereby she described five pillars of a Transhumanist Technocracy currently being constructed in plain sight by The Borg.  The five pillars are as follows:


1.)  Tech engineers building “The Cloud” and Intel communications

2.) The military installing satellites in space in conjunction with Operation Warp Speed here on earth

3.) Big Pharma designing vaccines and injection mechanisms

4.) The Mainstream Media’s ever-spinning propaganda machine

5.) The Central bankers creating crypto systems designed to enslave the masses


Fitts claimed these “pillars” are painstakingly being kept separate by the Borg until they can be integrated into our bodies, and our minds, by means of our own blood and DNA – like a trap being sprung at just the right time; and the reason we are not completely caught in the trap yet, is because The Borg has not quite finalized construction of the five pillars.

In her interview, Fitts described our current circumstances as a war between those who consider mankind as “individuals” with rights divinely ordained and against a High Tech Oligarchy (i.e. The Borg) who views the citizens of the world as cattle and chattel…(continues)

AIER: Book Review – “A Republic if You Can Keep It” by Justice Gorsuch

The AIER reviews Supreme Court Justice Gorsuch’s book A Republic if You Can Keep It.

America in 2020 does not look like the America we were taught about in school. Of course the values we are taught are aspirational in nature and our country is an ongoing project of moving closer to those ideals. America has yet to live up to its founding principles but moving closer brings us closer to a more perfect union. Moving away from those ideas will doom societies to despotism and despair. That is what makes Justice Neil Gorsuch’s latest book, A Republic if You Can Keep It, so important. It is a book filled with tremendous legal knowledge, moving speeches, a stalwart defense of Originalism, and eternal wisdom regarding good government. Although it was published in 2019 to educate the general public, it could have just as easily been published in 2020 as a guide for a country that has lost its way.

America is a republic if you can keep it

Americans and now the rest of the free world live under a very special form of government. One that was built to preserve a system of self-governance and most importantly, individual liberty. It was not built to cater to the wishes of the mob such as a pure democracy and it was not built to cater to the elite such as an oligarchy or a monarchy. Justice Gorsuch writes,

“This republic belongs to us all–and it is up to all of us to keep it. I think that’s what Benjamin Franklin was getting at when he spoke publicly after he emerged from the Constitutional Convention. A passerby asked what kind of government the delegates intended to propose, and Franklin reportedly replied: “A republic, if you can keep it”.

As the saying goes: democracy is a verb. The success of our system is dependent on the participation and enthusiasm of the public. However, preserving a republic goes much further than that. In particular, a republic like ours requires an even greater emphasis on protecting individual liberty and upholding the institutions that do so, not just voting. Democracy in and of itself is nothing to be proud of nor will it lead to a flourishing society. A constitutional republic like the United States has laws that even the will of the majority must adhere to. The result is a rule of law that promotes freedom and prosperity. Things like the Bill of Rights, the Separation of Powers Doctrine, and federalism. Such institutions of liberty are not necessarily upheld by democratic participation but through a jealous and partisan defense of freedom.

Protecting our freedom is the ultimate reason why the American government exists. That is apparent in our founding documents that Gorsuch explains when he writes,

“Take the idea found in the very first sentence of the Constitution. The Constitution’s preamble says that “We the People” ordain and establish this Constitution” in order to secure the Blessing of Liberty to ourselves and our Posterity.” It is no small thing that the founders claimed our new government was formed by “We the People.” They didn’t say our new government was formed by the Continental Army or the Congress or the States or some bureaucratic drafting committee. Institutions like those, the preamble made clear, exist to serve the people–not the other way around.”

It goes without saying that service to the people means first and foremost protecting our liberty. Although it may be tempting to believe that our government should serve the interest of the majority or be a sort of parental body, our government exists first to preserve our life, liberty, and property. The Founders were adamant about this system of limited government because they saw firsthand what an unrestrained government was capable of. The entire premise of the Constitution and especially the Bill of Rights was inspired by their confrontations with the British crown. The Bill of Rights itself was a compromise with the Anti-Federalists who were skeptical of the Constitution’s ability to protect those rights. The Founders looked to history and observed the instability of pure democracies, the bloodshed created by monarchies, and the despotism inherent to systems without a separation of powers. They believed that with a robust system of constitutional self-rule that exists primarily to facilitate a system of ordered liberty, they could create a country that could last through the ages. That is why preserving our system of liberties is so important, even over alleged problems that might be solved by breaking these ideals. The temptations of short-term political gratification will likely render our country, the most prosperous and freest polity in human history, a short footnote in history.

The Separation of Powers Doctrine

The Separation of Powers doctrine is something Justice Gorsuch spends much time speaking about and for good reason. It is the bulwark against tyranny and essential to a system of self-government. In 2019, such a topic was certainly important because of the ever-growing power of the Executive branch and the atrophy of the Legislative branch along with the Judicial branch. In 2020, we have seen firsthand what happens when we deviate from this essential doctrine. Justice Gorsuch writes,

“The framers firmly believed that the rule of law depends on keeping all three governmental powers in their proper spheres. They knew, too, that eliding these boundaries can prove powerfully tempting. Handing over judicial functions to the executive branch, for example, surely holds much allure… They knew that when the executive is free to withdraw your legal rights, those rights are no longer protected by neutral legal principles, the judgment of independent judges, and a jury of your peers.”

Essentially the doctrine separates authority amongst the three branches of government, the Legislative, the Executive, and the Judicial. No one branch can be judge, jury, and executioner. The ability to make laws lies primarily with the hundreds of elected representatives in the legislature. They ought to be rambunctious, creative, and bold. The duty to enforce those laws lies with the Executive branch. This is where the heads of state reside along with their army of bureaucrats. It is important that they stay within the confines of the authority granted by the legislature, as many are unelected and exist to serve the mandate provided by the people. The numerous governors across America closing down businesses and restricting social activity without the blessing of their state legislatures is a clear violation of this doctrine. Finally, there is the Judicial branch which exists primarily to interpret the written text of the law as it was intended. It does not exist to create its own laws or interpret laws in a way that seems like it may forward what the court sees to be in the public interest.

Civility and Civics

What may be just as important as these institutional checks and balances on government are checks and balances on ourselves as well. Politics is warfare by other means which is why the government needs so many restrictions. However, what can be just as damaging as an unrestrained government is the unrestrained contamination of private life with politics. Justice Gorsuch writes,

“But a government of and by the people rests on the belief that the people should and can govern themselves–and do so in peace, with mutual respect. For all of that to work, the people must have some idea how their government operates–its essential structure and promises, what it was intended to do and prohibited from doing.”

A system of limited government and freedom is one that requires an informed as well as engaged population. Not necessarily just engaged in public service and duty, but also upholding common standards of decency towards one another. Human beings are inherently political animals that seek to dominate one another. One of the pillars of a free society is restraining those urges to give way towards a more inclusive and equal system.

Perhaps one of the most relevant pieces of wisdom Justice Gorsuch has on this topics is the following quote

“History teaches what happens when societies fail to pass on civic understandings and come to disdain civility: Civilization crumbles. Europe in the twentieth century had people, too, who, seeking to remake the social order in the vision of their ideology, thought the stakes of the day were too high to tolerate discourse and dissent. They also believed the ends justified the means, and it didn’t end well.”

The events he referred to have happened within the lifetimes of many still alive today. A continent that was and still is home to some of the most respected countries not too long ago saw the collapse of civilization and the rule of some of the most horrific tyrants in history. This is what makes our founding principles more important than any short-term political passion.


With the ideological balance of the Supreme Court now shifted towards the Originalist side of judicial interpretation, reading this book will provide a strong explanation about this judicial philosophy. Prior to the tenure of the late Justice Antontin Scalia, the idea of Originalism was not taken seriously; now six out of nine Supreme Court Justices subscribe to the idea. Justice Gorsuch writes,

“When I was in law school many professors and students seemed to assume that in disputes over a statute’s meaning a judge should turn to its legislative history, seek to discern the law’s purpose, and then do whatever is necessary to promote that perceived purpose in the case at hand…We were told that the Constitution is a “living” document.”

Originalism on the other hand posits that the text has meaning and that a judge should not attempt to tailor the meaning of a law to fit the situation, but to enforce it as it was written. This is especially important when it comes to the Constitution, as Originalism ensures that the rights within it will not be simply waived by a judge who feels that they are not useful at the time. Deferring to the purpose of laws and policies made by the other two branches effectively voids the Judicial branch’s ability to act as a balance. A current example would be the ongoing lockdowns which have resulted in the violation of countless rights. Many judges remain deferential to the intent of lockdowns despite explicit written text in the Constitution preventing such policies. A more severe example would be Korematsu v. United States, where countless Japanese-Americans were rounded up in concentration camps by the US Government during World War 2. The Supreme Court at the time ruled that was constitutional because it did not want to disrupt the war effort. An Originalist court may have prevented such an atrocity by ruling that the text of the Constitution prevents such violations of rights and there is no clause that carves out such powers even in wartime. The policy goals of today do not hold preference over existing law.

Key Takeaway

Justice Gorsuch is a shining example of a patriot and a public servant. He is someone who genuinely cares about the institutions the United States of America was built on and recognizes that those institutions mean nothing without an engaged citizenry. His book attempts to take on the monumental task of educating the reader why exactly we have all sorts of complicated checks and balances, why we have a court system, why the Constitution says what it says. It reminds us that our government exists primarily to protect our freedom and that this framework is something we ought to work to preserve. Preserve not just for ourselves but for future generations of Americans so that they too may experience what it is like to live free.

The American Mind: A House Dividing?

The American Mind talks about the widening chasm between liberal and conservative Americans in A House Dividing? The piece includes links to other essays which further discuss the issues.

We do not publish this feature lightly. Nor do we intend to take a firm editorial stance in the debate. But it is past time to bring the discussion Americans are now having in private into public light. The longer it stays underground and forbidden, the more we risk serious and sudden shocks to our political and cultural life together. Only by having this debate out in public can we hope to resolve the current crisis.

When we can’t agree as a people on the purpose of government, or even about what human nature is, the next logical question is: how can we stay together as citizens? What truths, in other words, do we still think self-evident? What is the basis of our shared citizenship? Where is the growing divide in America leading us, and what is the best path forward?

The best book on the topic has been written by our colleague Michael Anton, who explores these questions in The Stakes, which we encourage you to read. Examining the contemporary scene, we find those, like Geoffrey Vaughan, who acknowledge the deepening divide yet hold that the structure of American government stands. In “Madison Wins, Factions Lose,” he argues that “Madison has continued to outwit the ideologues and factionalists.” And, after all, even Democrats who support packing the Supreme Court and adding Puerto Rico as a state are operating within the Constitutional framework. Republicans now eye the Constitution’s requirement that state legislators ultimately choose their state’s electors to the Electoral College.

Yet one must also note that changes to the Constitution’s Electoral College and the apportionment of the U.S. Senate are being openly proposed by mainstream Democrats. Further, while the Constitution at least partially holds, the question is how long it can continue to keep a house divided together. In the midst of the growing divide in America, red counties are growing increasingly eager to leave blue states and reconstitute red ones even as blue states have been saber-rattling for four years about federalism and state prerogatives. This week, we present the visions of two pseudonymous authors pointing toward a national separation in the interest of preserving the union.

It is not only young radicals who are thinking though a potential balkanization and breakup of the nation. Many engaged citizens are talking about such things in private. It is particularly worth noting that many highly competent professionals throughout the country—notably those in finance and tech whose livelihoods are tied to judging reality as it is and not as they’d like it be—quietly believe that America is headed towards an even deeper divide. Many are silent readers of this website, and in private they often offer dark thoughts about the state of our financial system, Big Tech, and our political culture.

In “2020: A Retrospective from 2025,” Professor “Tom Trenchard” provides an account of what might happen if red counties began to act as a unified front against the blue cities that propelled Joe Biden’s vote count. This is not merely a fantasy: red county repartition movements have been picking up steam, and Trenchard’s account identifies the real divide in American political life between rural and urban areas.

Finally, in the essay of the week, “Rebecca” presents an extended argument for the depth of the divide, proposing that the only way to resolve it is a more radical form of federalism. This “proposal for a renewed America” is not an argument for secession, but a peaceful process whereby both sides are allowed some measure of self-governance, with an eye to reunification. As the author says, “The two Americas avow their disagreements. The Separation respects reality and seeks peaceful co-existence.”

Such thoughts are no longer wild-eyed fantasy. Both pseudonymous essays vaguely echo Angelo Codevilla’s thoughts at the end of Revolution 2020 and “Our Revolution’s Logic.” These voices now represent those of many thoughtful Americans concerned about the fate of the nation. We welcome more to the discussion.

Townhall: Democracy and Tyranny

In his essay Democracy and Tyranny, author Walter Williams echoes some of the danger of the popular vote that we discussed in the earlier article on the three dangers to liberty.

During President Donald J. Trump’s impeachment trial, we’ll hear a lot of talk about our rules for governing. One frequent claim is that our nation is a democracy. If we’ve become a democracy, it would represent a deep betrayal of our founders, who saw democracy as another form of tyranny. In fact, the word democracy appears nowhere in our nation’s two most fundamental documents, the Declaration of Independence and the U.S. Constitution. The founders laid the ground rules for a republic as written in the Constitution’s Article IV, Section 4, which guarantees “to every State in this Union a Republican Form of Government.”

John Adams captured the essence of the difference between a democracy and republic when he said, “You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” Contrast the framers’ vision of a republic with that of a democracy. In a democracy, the majority rules either directly or through its elected representatives. As in a monarchy, the law is whatever the government determines it to be. Laws do not represent reason. They represent power. The restraint is upon the individual instead of the government. Unlike that envisioned under a republican form of government, rights are seen as privileges and permissions that are granted by government and can be rescinded by government.

Here are a few quotations that demonstrate the contempt that our founders held for a democracy. James Madison, in Federalist Paper No. 10, wrote that in a pure democracy, “there is nothing to check the inducement to sacrifice the weaker party or the obnoxious individual.”

At the 1787 Constitutional Convention, Edmund Randolph said that “in tracing these evils to their origin every man had found it in the turbulence and follies of democracy.” Alexander Hamilton agreed, saying: “We are now forming a republican government. (Liberty) is found not in “the extremes of democracy but in moderate governments. … If we incline too much to democracy, we shall soon shoot into a monarchy.”

John Adams reminded us: “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There was never a democracy yet that did not commit suicide.”

John Marshall, the highly respected fourth chief justice of the U.S. Supreme Court observed, “Between a balanced republic and a democracy, the difference is like that between order and chaos.”

Thomas Paine said, “A Democracy is the vilest form of Government there is.”

The framers gave us a Constitution replete with undemocratic mechanisms. One constitutional provision that has come in for recent criticism is the Electoral College. In their wisdom, the framers gave us the Electoral College as a means of deciding presidential elections. That means heavily populated states can’t run roughshod over small, less-populated states.

Were we to choose the president and vice president under a popular vote, the outcome of presidential races would always be decided by a few highly populated states, namely California, Texas, Florida, New York, Illinois and Pennsylvania, which contain 134.3 million people, or 41% of our population. Presidential candidates could safely ignore the interests of the citizens of Wyoming, Alaska, Vermont, North Dakota, South Dakota, Montana and Delaware. Why? They have only 5.58 million Americans, or 1.7% of the U.S. population. We would no longer be a government “of the people.” Instead, our government would be put in power by and accountable to the leaders and citizens of a few highly populated states. It would be the kind of tyranny the framers feared.

It’s Congress that poses the greatest threat to our liberties. The framers’ distrust is seen in the negative language of our Bill of Rights such as: Congress “shall not abridge, infringe, deny, disparage, and shall not be violated, nor be denied.” When we die and if at our next destination we see anything like a Bill of Rights, we know that we’re in hell because a Bill of Rights in heaven would suggest that God couldn’t be trusted.

The Trumpet: America Has Been ‘Fundamentally Transformed’

The following article from The Trumpet and pastor Gerald Flurry of the Philadelphia Church of God makes the claim that there is deliberate effort being made to move the US away from being a constitutional republic toward being only a mob-rule democracy. The opening of the article is below, but it is quite a bit longer through the link.

America’s government has been embroiled in a shameful impeachment charade for months now. The Democrats are demonstrating that there is virtually no limit to what they are willing to do to attack the president and undermine the last election—and the next one. Meanwhile, revelations continue to emerge about their abuse of the intelligence agencies to spy on Americans, even the president himself.

People need to understand what a dangerous threat this is to the very foundation of this nation!

What is happening in the Democratic Party is an extension of and intensification of a process started by the previous president.

When Barack Obama promised to “fundamentally change America” during his 2008 presidential run, few people knew what he really meant. Now that he is out of office, it is becoming clearer all the time that the change he was talking about was something far more dangerous than many people assumed.

He meant changing America from a constitutional republic. And what we are witnessing in the country today shows that, to an alarming degree, he succeeded!

In an address to Democratic donors this past November, Mr. Obama said that if Democrats want to be elected, they need to conceal their radical views. “This is still a country that is less revolutionary than it is interested in improvement,” he said. “Even as we push the envelope and we are bold in our vision, we also have to be rooted in reality. The average American doesn’t think we have to completely tear down the system and remake it” (emphasis mine throughout).

The average American doesn’t think that, but he does, and these donors do! And he wasn’t telling them to abandon that goal—only to be more underhanded about it!

Mr. Obama is contemptuously and openly discussing what he meant by fundamentally transforming America. Now that he is out of office, he tells us what his real goal was and still is—“to completely tear down the system and remake it”!

In the past, such revolutions usually caused millions of people to spill their blood.

If you think my view is unreal, consider this: Never have we seen a more bitterly divided America, and this man who fundamentally transformed America caused much of this division. He almost destroyed America’s constitutional republic. Never have we seen such hatred between American people.

All this ought to terrify every American. Many revolutions end in a civil war filled with suffering and death.

In America’s civil war, neither side will win. Bible prophecy thunders a deadly message that an enemy nation will conquer us. We must wake up and repent for God to save us this time…

Click here to read the entire article at The Trumpet.

Imprimis: Clarence Thomas and the Lost Constitution

This article comes from Hillsdale College’s Imprimis. This is a longer article that gets into some details of Justice Thomas’ dissenting opinions and why he feels it is important to write them in hopes that future justices may overturn wrong precedence.

Clarence Thomas and the Lost Constitution

Clarence Thomas is our era’s most consequential jurist, as radical as he is brave. During his almost three decades on the bench, he has been laying out a blueprint for remaking Supreme Court jurisprudence. His template is the Constitution as the Framers wrote it during that hot summer in Philadelphia 232 years ago, when they aimed to design “good government from reflection and choice,” as Alexander Hamilton put it in the first Federalist, rather than settle for a regime formed, as are most in history, by “accident and force.” In Thomas’s view, what the Framers achieved remains as modern and up-to-date—as avant-garde, even—as it was in 1787.

What the Framers envisioned was a self-governing republic. Citizens would no longer be ruled. Under laws made by their elected representatives, they would be free to work out their own happiness in their own way, in their families and local communities. But since those elected representatives are born with the same selfish impulses as everyone else—the same all-too-human nature that makes government necessary in the first place—the Framers took care to limit their powers and to hedge them with checks and balances, to prevent the servants of the sovereign people from becoming their masters. The Framers strove to avoid at all costs what they called an “elective despotism,” understanding that elections alone don’t ensure liberty.

Did they achieve their goal perfectly, even with the first ten amendments that form the Bill of Rights? No—and they recognized that. It took the Thirteenth, Fourteenth, and Fifteenth Amendments—following a fearsome war—to end the evil of slavery that marred the Framers’ creation, but that they couldn’t abolish summarily if they wanted to get the document adopted. Thereafter, it took the Nineteenth Amendment to give women the vote, a measure that followed inexorably from the principles of the American Revolution.

During the ratification debates, one gloomy critic prophesied that if citizens ratified the Constitution, “the forms of republican government” would soon exist “in appearance only” in America, as had occurred in ancient Rome. American republicanism would indeed eventually decline, but the decline took a century to begin and unfolded with much less malice than it did at the end of the Roman Republic. Nor was it due to some defect in the Constitution, but rather to repeated undermining by the Supreme Court, the president, and the Congress.

The result today is a crisis of legitimacy, fueling the anger with which Americans now glare at one another. Half of us believe we live under the old Constitution, with its guarantee of liberty and its expectation of self-reliance. The other half believe in a “living constitution”—a regime that empowers the Supreme Court to sit as a permanent constitutional convention, issuing decrees that keep our government evolving with modernity’s changing conditions. The living constitution also permits countless supposedly expert administrative agencies, like the SEC and the EPA, to make rules like a legislature, administer them like an executive, and adjudicate and punish infractions of them like a judiciary.

To the Old Constitutionalists, this government of decrees issued by bureaucrats and judges is not democratic self-government but something more like tyranny—hard or soft, depending on whether or not you are caught in the unelected rulers’ clutches. To the Living Constitutionalists, on the other hand, government by agency experts and Ivy League-trained judges—making rules for a progressive society (to use their language) and guided by enlightened principles of social justice that favor the “disadvantaged” and other victim groups—constitutes real democracy. So today we have the Freedom Party versus the Fairness Party, with unelected bureaucrats and judges saying what fairness is…

Click here to continue reading at Imprimis.