A lot of Americans believe that the American “Founders” created a system that automatically fixes itself. They talk about the “balance of powers,” and think that it will always save them from a tyrant. The balanced powers of the US Constitution, however, were trashed within fifteen years and doubly-trashed just a century ago.
In the Constitution, the states balanced the power of the national government (the one now in Washington, DC.) Not only did the states control half of the legislature, but they decided if and how they would implement the edicts of the national government. And that included deciding whether a law was constitutional or not.
This changed in 1803 with the Marbury v. Madison ruling. This ruling – taught as a work of genius in American schools – was a fraud against the US Constitution. In it, the Supreme Court held that they understood the Constitution better than James Madison, the man who wrote it!
But worse than even this, they held – with no basis – that it was they who would decide what was constitutional or not. The states were tossed aside. Even the sitting President of the United States, Thomas Jefferson, called it “a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
Marbury’s Judicial review (the Supremes ruling on constitutionality) merely involves one branch of the national government providing a check on the other branches of the national government. After Marbury, the states could not restrain the national government.
Washington DC was unleashed with Marbury v. Madison. What made it almighty was the 17th Amendment of 1913, which took the powers of the states and transferred them to Washington, by mandating the popular election of senators.
With senators being elected directly by the populace, the states were entirely cut-out of the equation. In their place, political parties gained massive power, and nearly all power was consolidated in the city of Washington.
And so it is today. Washington is an unfettered beast. The system will NOT fix itself; the mechanisms to do that were lost a long time ago.
h/t P. Rosenburg
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