Ellis Washington is a former staff editor of the Michigan Law Review and law clerk at the Rutherford Institute. He is a professor of Constitutional Law, Legal Ethics, and Contracts at the National Paralegal College, a counselor at the American College of Education, and a founding board member of Salt and Light Global. Washington is a co-host of "Joshua's Trial," a radio show of Christian conservative thought. A graduate of JohnMore ↓Less ↑
Campaign poster (circa November 1932) promising “work and bread” for voting for Hitler and the Nazi Party.
[I]n many respects fascism not only is here but has been here for nearly a century. For what we call liberalism – the refurbished edifice of American Progressivism – is in fact a descendant and manifestation of fascism.
~ Jonah Goldberg, “Liberal Fascism” (2007)
Desperate people do desperate things. What would you do for your daily bread? How low would you go for gainful employment? What religious, ethical or constitutional principles would you disregard to allow the government under a demagogue leader, a cowardly Congress and corrupt courts to enact policies and laws that in effect steal money from one group of people (the so-called “rich”) and give the stolen trillions of dollars to others who didn’t earn it and don’t deserve it (the so-called “poor”) all in the name of the grand, failed Marxist polices repackaged as redistribution of wealth, “fair share” and social justice?
The Weimar Republic (1919-33) and the German people made that fateful decision on Jan. 30, 1933, when they elected the genocidal megalomaniac Adolf Hitler and a few months later gave him dictatorial powers. Will America make that same fateful decision on Nov. 4, 2012, by re-electing President Barack Obama? While I am not equating Obama to Hitler, I am making the legitimate philosophical distinction that liberal fascism (e.g., progressivism) – a worldview by which both leaders governed, under the Democratic Socialist Party and National Socialist Party, respectively – has by design driven society into global, political anarchy and economic catastrophe, which continues to this day.
Can President Obama force 300 million free American citizens into a concentration camp euphemistically called government-controlled health care under the “Individual Mandate” by 2014 or face severe tax penalties? If so, then are we truly still free citizens endowed by God with unalienable rights under natural law, or are we in essence de facto, voluntary slaves to an ever-evolving, ever-expanding leviathan State called the federal government under positive law?
Commerce Clause = Liberalism’s cudgel and cage
For all constitutional questions under the rule of law the first and last place to stop is the U.S. Constitution, which does include the Commerce Clause in Article I, Section 8, Clause 3 – [Congress shall have power] to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. This clause is often paired with the Necessary and Proper Clause; the grouping since Gibbons v. Ogden (1824) has been used increasingly to seize broader and more tyrannical powers by the president, Congress and the courts over We the People. However, many conservative jurists, like Justices Thomas, Scalia, Roberts and Alito, who are strict constructionists deny that this is the proper application of the Commerce Clause because those limitless powers aren’t specifically mentioned in the 18 enumerated powers under Article I, Section 8.
However, Progressive, imperial presidents like Theodore Roosevelt (1901-09), Woodrow Wilson (1913-21) and FDR (1933-45) hated these constitutionally restrictive measures, seeing them as needless barriers to their revolutionary progressive agendas, so they appointed socialist judges to the Supreme Court who would uphold nakedly fascist laws when Congress began to engage in economic regulation on a national scale. This came to a showdown between constitutionalists and fascists under FDR’s Court Packing Plan in 1937, when the Supreme Court, in fear of losing its power and independence, cowardly gave up its power and independence by caving in to FDR’s liberal fascist demands to use the Commerce Clause to pass his unconstitutional “New Deal” programs, like Social Security, the National Labor Relation Board, Agricultural Adjustment Act, Securities and Exchange Commission and the welfare state. This treachery continued in Congress and the courts unabated for 60 years until the U.S. v. Lopez decision of 1995 when the Rehnquist Court resurrected the dormant Commerce Clause decisions to return a measure of power back to the states and to the people while limiting Congress’ regulation monopoly power over all economic activity.
Liberal fascists for over 100 years have corrupted the 16 simple words of the Commerce Clause the framers used to help define the balance of power between the federal government and the states and the balance of power between the two elected branches of the federal government and the Judiciary. If Obamacare passes constitutional scrutiny in all 50 states under the federal mandate, the federal government will have an illegitimate, unlimited right to have direct control over every aspect of American life from cradle to grave. That’s not freedom, that’s slavery – and the Democratic Party leaders are the slavemasters.
Examine the campaign poster above. Will America sell its collective soul in a Faustian bargain with the devil for the false promise of a loaf of bread, a government job and free socialist health care?
On the eve of World War II when Hitler unleashed his brutal war machine to annex Czechoslovakia (March 1938), Austria (March 1939) and launched World War II by his ruthless blitzkrieg invasion of Poland (Sept. 1, 1939), a saying was coined to both explain and defend Hitler’s genocidal mayhem the Nazis perpetrated throughout Europe – Hitler is raping Austria?… then Austria must like being raped.
America! The entire future of our country is at stake. For nearly 100 years, since the election of President Woodrow Wilson and 1913 – the “Worst Year Ever” – which saw the creation of the federal income tax and the fascist Federal Reserve (16th Amendment) and passage of the 17th Amendment, which devolved power away from the states to Washington, D.C., causing and funding perpetual global wars like World War I, World War II and the War on Terror – We the People have been slaves to increasingly tyrannical federal power over our natural rights.
If we through cowardice, ignorance and apathy continue to allow this Democratic Socialist Party and President Obama to steal our freedoms and liberties through Obamacare by using the Commerce Clause as a cudgel to scare away gutless RINO Republicans and a cage to imprison more of our natural rights and unalienable liberties in the dungeon of liberal fascism and inside concentration camps of government tyranny, then we Americans must like being raped, for surely we have traded our Founding Fathers’ dream of freedom for all humanity in exchange for the nightmare of European-style socialism (e.g., communism), the death of Christianity and the apotheosis of liberal fascism.