THE REAL CHOICE BETWEEN TRUMP & CLINTON

From Judge Andrew Napolitano and the  Freedom Files

What if Trump and Clinton Have the Same Core Beliefs?

What if the most remarkable aspect of this presidential election is not how much the two principal candidates disagree with each other but how much they actually agree?

What if they are both statists? What if they both believe that the government’s first duty is to take care of itself? What if they both believe in the primacy of the state over the individual? What if, in clashes between the state and individuals, they both would use the power of the state to trample the rights of individuals?

What if the first priority of both is not to decrease the size and scope of government but to expand it? What if they both believe that the federal government may lawfully and constitutionally right any wrong, tax any behavior and regulate any event? What if they both want to add a few thousand new employees to the federal payroll, give them badges and guns and black shirts, and engage them as federal police to insulate the federal government further from the people and the states?

What if, when James Madison wrote the Constitution, he took great pains to reserve powers to the people and the states that were not delegated away to the feds? What if both Hillary Clinton and Donald Trump couldn’t care less about that?

What if both of them reject the Madisonian principle that the federal government is limited in scope to the 16 unique and discrete powers given to it by the Constitution? What if they even reject the corollary to that principle, which is that the balance of governmental powers — those not delegated by the Constitution to the feds — resides in the states? What if they both reject the Madisonian principle that in areas of governmental power retained by the states, the states should be free from federal interference?

What if this principle of a limited federal government depends upon the principle of natural rights — areas of human behavior and choice stemming from our humanity and immune from government interference? What if the Declaration of Independence and the Ninth Amendment to the Constitution define our natural rights as inalienable? What if both Trump and Clinton reject that? What if she believes in killing innocents by drone and he believes in torturing innocents at Gitmo?

What if both Clinton and Trump accept the principle that the federal government can address any problem for which there is a national political consensus? What if this idea — championed by Woodrow Wilson, who hated the values of Madison — is the opposite of what the Framers wrote and intended?

What if this Wilsonian principle has unleashed the federal government to regulate nearly all aspects of personal behavior and to enhance immeasurably the powers of an unelected, unseen and unaccountable federal bureaucracy, which never seems to shrink or change?

What if both Trump and Clinton embrace the idea that federal power, rather than being limited by the Constitution, is limited only by what the feds can’t get away with politically? What if this concept was expressly rejected by the Framers but both Trump and Clinton don’t care? What if neither of them believes that a limited federal government must reside and remain within the confines of the Constitution?

What if Trump wants the police to be able to stop anyone they wish based on just a hunch that the person is armed or possessing contraband? What if the Fourth Amendment — which requires the police to have individual articulable suspicion, not just hunches and not judgments based on race, in order to stop a person — was expressly written to prohibit just what Trump wants? What if Trump doesn’t care because he prefers votes to constitutional fidelity?

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