Monday, November 17, 2014

Legitimacy Of Government

Originally Published at 
There is considerable opinion that DC is acting outside its Constitutional warrant and is therefore substantially illegitimate, that this condition has obtained for some time, and that DC's fraudulence has expanded under successive administrations, without regard to party or public posture, and this all but acknowledged illegitimacy is now its core enabling feature. Further, many parts of the federal government are perceived to be indistinguishable from a criminal enterprise which openly conspires with, benefits, and benefits from, other criminal enterprises at the expense of the citizenry. The notion of its illegitimacy and criminality, while not universal, is widely accepted without comment in conversation, unrefuted by events, or by the character and resume of DC's governing establishment and agents in their employ.

Such allegiance as DC has among the populace is found chiefly in the entitlement class, both individuals and organizations, which amounts to a pre-modern obligation of fealty by a vassal to a lord, which is neither worthy nor characteristic of a free people. Loyalty to the nation in the abstract by the citizenry remains nearly indestructible, but loyalty to DC, where it can be found, is largely episodic, driven be necessity and generally not reciprocated, often pointedly not. The people have come to believe they shall be prevented from, or punished for, securing their life, liberty and pursuit of happiness and so they commonly avoid interaction with DC and its agencies believing, with cause,any such engagement may reset the terms of their submission to their greater disadvantage. In times past this was true only for those who appeared on wanted posters. Such widespread disengagement partly explains DC's invasive domestic surveillance, the stand-by status of troops on home soil, and the federalization of state and local police agencies.

Loss of legitimacy is the only condition necessary for a government to fall. And illegitimacy doesn't bring itself into being. Although deployed largely through the so-called "deep" or "permanent" government, illegitimate governance has become conspicuous enough to warrant explanation, the most prominent being the 'living document' theory of the Constitution but, as we move further into the suburbs of calamity, artful pretexts have been largely abandoned in favor of indifference. Consider this carefully: illegitimate governance—exercising power outside its charter—is understood as such by the populace and conceded by DC. Constitutional constraints calculated to prevent this; the judiciary, elected representation, the protected news media, inalienable rights, enumerated powers and various avenues of redress have failed or are failing because constitutional constraints cannot work in an unconstitutional regime.

The nation will endure corruption, even criminality, but not illegitimacy. In opposing our two-party one party system art-link-symbol-tiny-grey-arrow-only-rev01.gif, much of what's dismissed as dissent is in fact resistance to illegitimacy, and to the extent resistance is contested, to that extent resistance will strengthen. For their part, DC knows the same Constitution that protects the people from them protects them from the people, and so the threat of force, or actual force, is substituted for lawfulness. This condition is the wobbly pivot on which all else turns. Much of our national anxiety traces to this instability. It's the difference between rule of law and rule by law. Until they're exposed and resolved, unconstitutional but official notions have the unlimited power of legal tyranny. And such notions don't resolve themselves.
Has not despotism and mass destruction plagued every civilization that preceded ours? Is it not, in fact, still commonplace throughout the globe? By what suspension of reality, by what denial of the observable and the probable, by what art, device or magic are we sheltered few immune from catastrophe? 
David Codrea at