The Reset Clause (same time next 25 years)
How did we get here, and where do we go? A lot of modern political questions can be summarised in those two simple questions. Our cultural and political zeitgeist has possibly become the equivalent of going out for a quick pint and realising sixteen hours later we have woken up on a flight to Mexico.
This literal cultural hangover event merely asks up to beg the question of where we go from here, now that everything has happened prior to our sleep walking and into the current awakening.
Legally, we might be more at home in Terry Gilliam’s ‘Brazil’, or One Flew over the Cuckoo’s Nest, in being trapped within a world that both defies logic or order. A world ran by malicious people, albeit far too stupid to be truly Orwellian Big Brother figures.
As noted by Nicolás Gómez Dávila’s book Sucesivos Escolios a un Texto Implícito:
“Dying societies accumulate laws like dying men accumulate remedies.”
If such things are true, then how do we stop the accumulation? Are societies, as they get further complex and interconnected into themselves and the outside world, doomed to merely breakdown under their own weight? Do we end up investing more energy into systems with greater diminishing returns, until the project itself collapses (Joseph Tainter makes this argument in his book ‘The Collapse of Complex Societies’).
Alternatively, is collapse merely something that occurs when a nation or civilisation loses the fire it once had, and the cracks begin to show? Do we physically lose the will to continue with the same drive and passion that our predecessors had, or do we merely just burn out like Wang Huning often pondered?
Where are the get out of jail free cards, the mechanisms to stop the damage, how do we stop this strange death from approaching?
We often see images of political leaders placing their hands on religious texts, and then stating that they will protect the law of the land and uphold the constitution or whatever. This is nearly always a lie when you have people who neither understand nor respect the original foundations which the nation sprung from.
It was Edmund Burke that said society is a contract between the dead, the living and those yet to be born, and civilisation is an intergenerational struggle between the civilised adults and the little barbarians they have given birth too.
You just must domesticate them before the little barbarians become big ones. This social contract and corresponding obligations are not peer pressure from dead people, but an active handing of cultural responsibility in a civilisational relay race of life.
So, how do we remove these laws? The formation of which will only further hinder future generations. One idea is that of a constitutional reset clause being placed into the political framework of a country. A reset clause would allow for directly examining the new laws that have come into place over the course of every generation. This would allow for a new political class of individuals to look at what has occurred and decide what to do with it all.
With a typical generation being between twenty to thirty years, and twenty-five being in the middle (also fits well for being a quarter of a century), this could be a good way to start. We can take an original constitutional document like the United States Constitution. It is simple, codified, and adheres to higher values for what is expected of both citizenry and government.
Instead of feeling like original documents merely get chipped away with the passage of policy and time, such actions will help people to regularly reassess the direction we are going in. We start at a neutral original document point and let people naturally add further to the document, after twenty-five years we look at what has occurred and assess what has happened previously. The reassessment will allow people to critically examine what has happened and what laws we really need and what needs to be let go.
I sometimes fear we slowly walking into a South Africa-like situation, where we find ourselves with a constitutional document that does not benefit anyone; burdened with laws that only create issues for everyone down the line.
As a result, the problem with South Africa is that it eventually started looking like South Africa, we do not want this nor benefit from this if we continue down this path.
Until this happens one thing is certain, the slow progress of not just time but also law will eventually create a multigenerational leviathan that will ultimately have to be stopped, if left unchecked.
We could pick a date as a proverbial year zero, of which the original laws always remained, and you would then let it play out.
Although, the practicality of such ideas will never get off the ground, hypothetically we should be constantly examining the accumulation of laws and the quality of them moving forward.
In conclusion, what this might mean is that we must reform how we think and view law within our countries and the accumulation of it all. Are we slowly walking into a bureaucratic nightmare and if so, how do we escape from such problems, well and truly?
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The Supreme Court is Our Ship, Don’t Let it Sink
As conservatives and moral traditionalists, it’s easy to get despondent and fearful over just how vast and endless the problems we face today are. Here in America especially, the analogy of the “blue wave” of Millenial and Gen-Z voters often leads one to believe that we are surrounded on all sides by an endless sea of “progressivism”.
Nevertheless, in the great blue sea of blue-haired androgynes, we still have our ship, and we still have strong winds that will, in the long term, lead us to the safety of the land.
That ship is the Supreme Court, and it is our job as voters and conservative/traditional activists to ensure that she sails, and that we don’t let this next decade of judicial dominance go to waste as we have with other institutions of power – like the 2019 dominance of the Tory Party in the UK Parliament.
Where power resides is often unclear to most voters, especially in American politics. Our elected representatives in the Senate or the House are often bought and paid for by donors, PACs, business interests, or lobby groups well before they swear their oath of office and promise to represent their constituents to the best of their ability. The same goes with the Presidency, and the hundreds of millions of dollars that are spent on individual runs for the Oval Office.
However, out of the three branches of government that I would trust the most with representing my best interests, I would have to place my faith in the power of the Supreme Court.
These days we’ll often hear and see politicians and activists on social media and in other public forums hounding about the “abuse of power” in the Supreme Court, especially after the recent decisions to overturn Affirmative Action for university applicants, striking down Student Loan Forgiveness, and allowing businesses to refuse services if it goes against their religious beliefs (a.k.a being allowed to refuse baking a cake for a homosexual wedding).
Hillary Clinton, everyone’s favorite former First Lady and “future President”, accused the Supreme Court of being on the side of the wealthy and major corporations.
AOC cried that the recent decisions were “destroying the legitimacy of the court.”
Many more have advocated for more Supreme Court Justices, or regulatory bodies overseeing the Supreme Court so that it doesn’t make the “wrong decisions” for the American people.
While there are plenty of detractors to the efficiency and legitimacy of the Supreme Court, I still argue that this is probably the most important branch of government to protect, and fight for, due to the nature of its being. It was around this time last year I wrote about the Supreme Court in the wake of the Roe v. Wade decision.
Once again, demonstrably, we have seen why the Supreme Court is the most important branch of government, and why it is under attack, and why these days in particular it is the most important battleground for American conservatism in politics.
Unlike Congress, or the Executive, Supreme Court Justices are not elected – they’re selected, by nomination, from a sitting President. The power of money and lobbies are, at the very least, dampened by the fact that they have no official power in choosing a Justice, nor any means to fund campaigns or influence election processes.
Justices are in the role for life. An appointment that doesn’t rely on reelection is one that doesn’t rely on being financed by donors and backers. Once they’re there, they’re there for good. Personally, I trust a judge who doesn’t need to go begging to anyone that will fund their campaign coffers every two to four years more than I do a sitting member of Congress, Republican or Democrat.
When it comes to the selection process, the concern for almost everyone is that those who are selected are “the wrong type of person”, and stacking the Supreme Court with partisan ideologues. Often, if not always, the nominated judge will reflect the character and ideology of the serving administration. Our most recently appointed Supreme Court Justice, Kentaji Brown Jackson reflects the Biden administration almost perfectly. She’s an activist judge, appointed not just because of her record and experience, but also because she fits the diversity quota, and agrees with the “current thing”. This is a shame, because I can only imagine how humiliating it must be to be selected primarily because of your gender and race, rather than your achievements.
And it was no secret that it was a race-based decision. The Biden administration promised well before his decision to select Jackson that he was “looking forward to making sure there’s a Black woman on the Supreme Court to make sure we in fact get everyone represented”.
Naturally, any one who points these facts out is an intolerant racist who wants to “keep Black Women™ down!”
It is no secret that Republicans select conservative judges to the Supreme Court in a similar fashion – rather it’s expected that they will.
But, as I’m sure you know dear reader, politics is not about compromise or shaking hands with the other side of the aisle. Politics is about winning. The Supreme Court in the United States is no different.
Which is why the Trump administration was a Godsend for conservatives in the United States. Not one, not two, but three successful nominations of conservative Justices have ensured that the Supreme Court will remain one of the few branches of government that is on “our side” at least in terms of beliefs and core values.
If Trump is able to secure a second non-consecutive term, or if we are able to have any sort of Republican in the next administration, it is likely that we’d gain at least one more conservative Justice, ensuring that a liberal Supreme Court is almost virtually impossible within the next two decades.
In recent years, with the overturning of Roe v. Wade amongst other landmark decisions, we’ve merely had a taste of what sort of power the Judicial Branch of government in the United States holds, and what they can do with that power.
If we were to see a completely stacked conservative Supreme Court, with Justices Sotomeyer and Kagan aging out of the role and being replaced, who knows what sort of decisions could be reversed and which others could be implemented? One can only dream!
But leaving the Supreme Court to its own devices is simply not enough. While I trust our current conservative Justices more than most politicians to make well-guided, reasoned, and inherently moral decisions in the judicial branch, they cannot tackle all problems on their own.
We ought to take a lesson out of the Left’s guidebook, and through demonstrations publicly and online, through widespread discussion, and most importantly through trawling through the hundreds, if not thousands of landmark decisions to nitpick and find Constitutional inconsistencies and government oversteps. They are there, and a case for overturning them can be made with the right amount of knowledge, preparation and legal due diligence.
So, while in many other aspects of American politics it may seem that we as conservatives and moral traditionalists are overwhelmed by the crashing waves in a sea of rabid liberalism, we still have power over a mighty ship that we must ensure does not sink into the abyss.
The only way to survive those rogue waves is to sail over them, and sail we will.
Photo Credit.