“If one admits that a man in his full power might abuse his adversaries, why not admit the same of a majority of men?” Alexis de Tocqueville
The definition of the title is a Latin phrase meaning “beyond the powers”, a legal concept of someone in authority acting or proposing to act beyond the legal limits of the powers defined under law. This legal concept is deeply imbedded in common law, and the US Constitution was constructed to safeguard as best as words can against it. You may not have heard the term used often, although the violations are so numerous in US history that we have become dangerously numb to them. It was about the common nature of such power that de Tocqueville wrote in the opening quote.
While the recent midterm elections were a surprise to many, they really should not have been; Trump tried to make them all about himself, when in reality they were given all his broken promises and abuse of power. True, the economy improved, but he forgot that his base expected him to live up to his promises of no wars, no tariffs (taxes), lower inflation, cut spending and deficits, and reduce the debt. True also that he secured the border and controlled immigration, but you can’t win alone on what you already fixed and then proceed to create another crisis. He may deny that his base didn’t show up, but the numbers show that they voted with their feet and stayed home.
Americans are for the most part patriotic, but not nationalistic, i.e., they don’t want any more wars, especially ones conducted “beyond the powers” defined in the constitution; the “War Powers Act of 1973” was meant to limit the executive branch’s use of military action whereas it has been used all too often, and by many presidents as a way to expand that power. The resulting surge in energy prices hit hardest on the base that got Trump elected. The results also put in office some of the most bizarre and unqualified people imaginable, many of whom propose policies clearly “beyond the powers” defined in the constitution, and in many cases would destroy it.
Another result of the recent elections is a dominated but fractured Congress; dominated by the Democratic Party that is fractured with socialist factions. The Republicans are reeling from embarrassing midterm elections and wondering how to reconnect with an America that doesn’t feel their love. Despite a considerable Democratic majority in both House and Senate, the outcome is likely gridlock, not to mention Trump veto mania and the impeachment obsession. The good news is that we have a silver lining; we will likely have gridlock which hopefully will at least mitigate the impact of the socialist surge in the Democratic Party and maybe provide for a more rational approach to the Iranian War. Unfortunately, this would be the lesser of two evils, a consequence of having to choose between them for far too long now.
What we have, as Benjamin Franklin famously responded when asked at the Constitutional Convention what it would give us, “A Republic, if you can keep it.” What we also have is a unique constitution to protect our republic, unique because it was not constructed to rule the people, but to rule those that are elected to govern; historically, this constitutional concept was rare in that it limited the powers of the elected by not only defining them clearly and specifically to the exclusion of everything else, but by separating and balancing the principal elements of government. If you are wondering why some politicians are calling for radical changes to such a structure, it’s all about getting “beyond the powers” as defined by the constitution.
The frustration with this state of play is shared by many people who realize that the corruption of our society and politics has at its source the pursuit of power and is therefore the real root of all evil. Unfortunately, there are also many people who accept political narratives that provide cover for the pursuit of power. The more vague the narrative, the greater the cover; narratives seldom if ever provide facts that support a specifically identified problem, but to focus on a solution we need first to correctly identify the problem, and empirical evidence is where we can start. For example, if criminal activity increases, it indicates that there could be more criminals, or a lack of enforcement of criminal law, or perhaps both.
Unfortunately, most politicians are tone deaf to reality if it impedes their pursuit of power, so they construct narratives that seek to replace reality with virtue signaling that plays well for elections, but not for solutions. I do not say this in support for either of the two major parties as I have come to the conclusion that both are guilty of this, it’s just a matter of degree and not principles. In our times, political perception is shaped by those that accept the rhetoric of narratives; common sense should tell us that if it plays to the crowd, we need to leave the crowd and think for ourselves, disregard the labels, and maybe get lucky and find the few who are running for office that also have some common sense. The first and foremost responsibility of government is the security and safety of its citizens; if a politician spins a narrative that does not support that responsibility, they’re after power, in which case you should vote with your feet and walk away.
“Politics is the business of getting power and privilege without possessing merit.” P. J. O’Rourke
