It is important to remember that the United States Constitution is only as good as the people who have sworn to uphold it. Mike Maharrey’s logic in this video is sound though and he makes great points.
The mentality among Congress people these days is that any law they passed is constitutional until the Supreme Court reverses. In other words, they can pass any law they want, require the executive branch to enforce it, and you have to wait for its constitutionality to be tested starting with the lower, inferior courts all the up to the Supreme Court. This process takes years sometimes. Meanwhile, the bureaucrats are busily writing into the Second Set of Books (the mandates and decrees which enforce the laws) and are adapting policies to implement the law.
Inevitably, the Supreme Court will usually side with the State over the people. They have, after all, made a career in working for the State in some capacity. A lawyer is merely an agent of the State, regardless of whether he or she is a private attorney or a public official. Their whole job description is about making sure that people stay with the boundaries defined by the State. And this is why we shouldn’t be surprised with decisions like Plessy v. Ferguson or Kelo v. New London or any other case in which the rights of people were infringed over the interests of the State. Remember, it was the judges who allowed factories to pollute in the 1800s and who told citizens that any money you deposit in the bank is not yours to withdraw.
Thus, everyone with an agenda gets away with it, regardless of what the supreme contract of the land says while the producers lose more and more to the looter and moocher classes.
And we are told by pundits of both the Left and the Right to work such a corrupt system in order to fix it?