The nature of government is control and the nature of control is to ever increasingly improve its ability to maintain and exercise itself. Left unchecked, any power will expand to every breadth, width and niche in which it is not opposed. As average, everyday Americans went about their daily routines, politicians and legal scholars used sophisticated politicizing and unabashed legal maneuvering to ensure the security of their ability to control and implement their personal philosophies on the American people.
In his essay, “Two Logical Errors in Constitutional Jurisprudence,” Friesian philosopher Kelly Ross elaborates on two critical government maneuvers which doomed the American citizenry to ever increasing governmental control.
Undermining the wisdom of the Founders began quickly with one of their peers. Supreme Court Chief Justice John Marshall, appointed by John Adams, laid the foundation of current constitutional law. He also set the precedence whereby judges can overrule the people under broad powers not actually granted the judiciary under the Constitution. In McCulloch v. Maryland (1819), the issue at hand, and the first death-blow to our republic, was the meaning of the “necessary and proper” clause,
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof. [Article I, Section 8, Paragraph 18]
In his ruling, Marshall either through calculated federalism or a serious error in logic, defined the meaning of “necessary” as,
[t]o employ the means necessary to an end, is generally understood as employing any means calculated to produce the end, and not as being confined to those single means, without which the end would be entirely unattainable. ~ McCulloch v. Maryland (1819)