Thomas Cole, The Course of Empire: Destruction, 1833-1836, New York Historical Society.

In Claremont Review, Angelo M. Codevilla describes how “the malfeasance of our ruling class” has transformed America and brought us to the point of this year’s disgraceful presidential election.

in today’s America, those in power basically do what they please. Executive orders, phone calls, and the right judge mean a lot more than laws. They even trump state referenda. Over the past half-century, presidents have ruled not by enforcing laws but increasingly through agencies that write their own rules, interpret them, and punish unaccountably—the administrative state. As for the Supreme Court, the American people have seen it invent rights where there were none—e.g., abortion—while trammeling ones that had been the republic’s spine, such as the free exercise of religion and freedom of speech. The Court taught Americans that the word “public” can mean “private” (Kelo v. City of New London), that “penalty” can mean “tax” (King v. Burwell), and that holding an opinion contrary to its own can only be due to an “irrational animus” (Obergefell v. Hodges).

What goes by the name “constitutional law” has been eclipsing the U.S. Constitution for a long time. But when the 1964 Civil Rights Act substituted a wholly open-ended mandate to oppose “discrimination” for any and all fundamental rights, it became the little law that ate the Constitution. Now, because the Act pretended that the commerce clause trumps the freedom of persons to associate or not with whomever they wish, and is being taken to mean that it trumps the free exercise of religion as well, bakers and photographers are forced to take part in homosexual weddings. A commission in the Commonwealth of Massachusetts reported that even a church may be forced to operate its bathrooms according to gender self-identification because it “could be seen as a place of public accommodation if it holds a secular event, such as a spaghetti supper, that is open to the general public.” California came very close to mandating that Catholic schools admit homosexual and transgender students or close down. The Justice Department is studying how to prosecute on-line transactions such as vacation home rental site Airbnb, Inc., that fall afoul of its evolving anti-discrimination standards. …

No one running for the GOP nomination discussed the greatest violation of popular government’s norms—never mind the Constitution—to have occurred in two hundred years, namely, the practice, agreed upon by mainstream Republicans and Democrats, of rolling all of the government’s expenditures into a single bill. This eliminates elected officials’ responsibility for any of the government’s actions, and reduces them either to approving all that the government does without reservation, or the allegedly revolutionary, disloyal act of “shutting down the government.” …

The ruling class having chosen raw power over law and persuasion, the American people reasonably concluded that raw power is the only way to counter it, and looked for candidates who would do that. Hence, even constitutional scholar Ted Cruz stopped talking about the constitutional implications of President Obama’s actions after polls told him that the public was more interested in what he would do to reverse them, niceties notwithstanding. Had Cruz become the main alternative to the Democratic Party’s dominion, the American people might have been presented with the option of reverting to the rule of law. But that did not happen. Both of the choices before us presuppose force, not law. …

In today’s America, a network of executive, judicial, bureaucratic, and social kinship channels bypasses the sovereignty of citizens. Our imperial regime, already in force, works on a simple principle: the president and the cronies who populate these channels may do whatever they like so long as the bureaucracy obeys and one third plus one of the Senate protects him from impeachment. If you are on the right side of that network, you can make up the rules as you go along, ignore or violate any number of laws, obfuscate or commit perjury about what you are doing (in the unlikely case they put you under oath), and be certain of your peers’ support. These cronies’ shared social and intellectual identity stems from the uniform education they have received in the universities. Because disdain for ordinary Americans is this ruling class’s chief feature, its members can be equally certain that all will join in celebrating each, and in demonizing their respective opponents.

And, because the ruling class blurs the distinction between public and private business, connection to that class has become the principal way of getting rich in America. Not so long ago, the way to make it here was to start a business that satisfied customers’ needs better than before. Nowadays, more businesses die each year than are started. In this century, all net additions in employment have come from the country’s 1,500 largest corporations. Rent-seeking through influence on regulations is the path to wealth. In the professions, competitive exams were the key to entry and advancement not so long ago. Now, you have to make yourself acceptable to your superiors. More important, judicial decisions and administrative practice have divided Americans into “protected classes”—possessed of special privileges and immunities—and everybody else. Equality before the law and equality of opportunity are memories. Co-option is the path to power. Ever wonder why the quality of our leaders has been declining with each successive generation?

A must read.