Is our current government the exact form of government that our Constitution called for?

This came from a tweet from popular left-wing influencer, Ed Krassenstein earlier this week.

Krassenstein was responding to right-wing influencer, Charlie Kirk’s tweet that said, We are living under a form of government that the Constitution was explicitly formed to prevent.

So let’s answer the second part of Krassenstein’s tweet: Am I missing something?

Well, put simply, yes.

Presidential power

Let’s start with Article II, Section 2. This outlines the few powers given to the President, and they are few:

He/she is the Commander in Chief of the Army and Navy of the United States…

He/she is not the Commander in Chief of the country, the economy or anything other that the military. He/she leads the war making after the Congress declares war. He/she does not start wars.

The last time we got into a war per the Constitution’s prescription was during World War II (June 4, 1942- Bulgaria, Hungary and Romania).

Nothing since then—Korea, Vietnam, Iraq, and every other smaller conflict in between were not declared by the Congress.

In addition, making treaties and appointing judges are on this short list.

Constitution Owner's Manual: The Real Constitution Politicians Don't Want You to Know About

This is nothing like the reality of the past number of decades, where the President is treated like and acts like has virtually unlimited authority over most aspects of American government.

I believe, the framers designed the Constitution to give the most powers to the Legislative branch. Article I is the longest part of the Constitution. That’s because the Founding generation thought that Congress would be the most powerful—and most dangerous—branch of government.

Bill of Rights

The First and Second Amendment, the amendments most of the public are most aware of, are constantly under attack.

But their two others that are destroyed or literally ignored, and they are critical. That’s Fourth and the Tenth Amendments.

Passed way too quickly without being read or debated, the Fourth Amendment took it on the chin with the Patriot Act, feverishly favored by politicians left and right.

It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The ACLU writes: the Patriot Act was the first of many changes to surveillance laws that made it easier for the government to spy on ordinary Americans by expanding the authority to monitor phone and email communications, collect bank and credit reporting records, and track the activity of innocent Americans on the Internet. While most Americans think it was created to catch terrorists, the Patriot Act actually turns regular citizens into suspects.

Totally contrary to the Fourth Amendment.

Then their is the Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Has there been an amendment more ignored than this one? Is it even taught in law school anymore?

The Tenth Amendment makes explicit two fundamental constitutional principles that are implicit in the document itself.

1. The federal government is only authorized to exercise those powers delegated to it.

2. The people of the several states retain the authority to exercise any power that is not delegated to the federal government as long as the Constitution doesn’t expressly prohibit it.

Do you see why I say it’s ignored, and has been for decades?

The federal government literally has their hands in everything. instead of the specific, very limited number of things it is authorized to do which are listed throughout the document.

So, I pointed out three things- the excessively unconstitutional powers the Preseident wield today, the destruction of the Fourth Amendment and the ignored Tenth Amendment.

I could really continue on and on, but I’ll stop here.

Does this answer your question Ed?