The Constitution is the Social Contract by which our society is supposedly bound. That document outlines specific areas where the Federal government is authorized to write laws. The Constitution places the authority to write those laws in the hands of Congress and only Congress. There is no Constitutional authority allowing Congress to surrender that authority, or to transfer it to another branch of government. There is no Constitutional authority to create additional divisions of government (what we call bureaucracies). The same is true about regulations that carry the weight of law. That is why the new FDA regulations on trans fats represents open dictatorship and a wanton violation of the Constitution, rule of law, Social Contract and Natural Law. This is the very definition of tyranny.
All of these things are unconstitutional, and a quick review of the founding of the Progressive movement in the early part of the 20th Century will reveal this. Woodrow Wilson, a founding father of the Progressive movement, complained about the restrictions of the Constitution and explained how government should be “administered” by “experts” through bureaucracies instead of the constitutionally defined method. This is why the ‘living document’ doctrine was created: so they could claim the ‘necessary and proper’ clause grants the authority for these bureaucracies. Unfortunately for Wilson, James Madison – the man whose hand actually wrote the Constitution – said Wilson is wrong. He pointed out that, if the ‘necessary and proper’ clause were understood the way Wilson argues it should be, then the Constitution means nothing more than what our leaders say it does – which is exactly where we are now.
With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.
If we wish to elect dictators who then appoint “experts” who have no accountability to the people, then we should be allowed to set up a government that reflects the will of the people. However, we should do so openly, and with the full knowledge of the people. What is happening in this nation now is that this form of government is being forced on the people through manipulation and deception. Before the people vote to surrender themselves into serfdom, they should understand that what they are voting for is not the rule of law. It is not going to protect individual rights, nor individual liberty. The path we are traveling is the path to tyranny, and the signs that we have almost arrived are everywhere. This new FDA ruling is just one of many such signs of the growing tyranny around us.