U.S. v Barack Obama

Four score minus four years ago, a Democratic President of the United States tried to change the relationship between the government and its’ citizens. The press called Franklin Roosevelt’s plan to get Americans working during The Great Depression “The New Deal”, the Supreme Court decided these policies promoted by the President and passed by a Democratic Congress were unconstitutional.

In our current period of economic uncertainty, a Democratic President and an overwhelmingly Democratic Congress have pursued a different strategy of declaring private contracts null and void. The outrage over the bonuses paid by A.I.G. is understandable but has opened the door for the restructuring of contractual agreements by the government.

Here is the ultimate issue: If government can change private contracts, what about the contract the people have with their government? John Locke, during the English Civil War, laid out a contractual form of government that informs us that government is created by the will of the people to protect their “life, liberty and estate.” With their actions toward A.I.G., and their soon to be necessary action with General Motors, the Obama Administration will have to void the current contract between GM and the United Auto Workers. This action will allow government to impede on the “life, liberty and estate” (property and wages) of thousands of workers in the automotive industry.

More importantly, what does this shift in power mean to the delivery of services that are provided to the people by their government? The next logical step for the Obama Administration would be to change the funding formulas for both Social Security (going broke) and under-performing public schools. If the government changes these agreements, will the people have any recourse?

Over the past 5 years, civil liberties advocates were correctly concerned by the abuses of governmental power regarding the detainment at Guantanamo Bay. The Bush Administration detained several hundred foreign nationals and there was an uproar by dozens of interest groups. The Obama Administration is being empowered to change the very nature of contractual agreements between corporations and their employees that will have an impact on millions of people… and no one is raising any significant objections to this policy.

At the end of the day, the Constitution of the United States is a contract between “We, the People” and the government that we formed to protect our natural rights. Seventy six years ago, the Supreme Court stood up to a popular new President and forced him to come up with policy that would remain constitutional and get people back to work… perhaps the current incarnation of the Supreme Court will begin to demonstrate some backbone and take action that will ensure the sanctity of contracts made in good faith.