Saturday, September 14, 2019

A Short Examination of the Constitution


We, The People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for The United States of America.

The preamble to the Constitution starts out with “We, The People of the United States,…” It does not say, ‘We, the government of the United States.’ That, my friends, is the most important thing about the experimental government that the Founders established. Never before had a country been ruled by the people but by a centralized, usually tyrannical, monarchy or parliament. They separated the powers of government into three branches to have checks and balances so that no one person, or branch, had too much power. Each branch was given specific powers and those were enumerated within the body of the Constitution.

‘Article 1, Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’ Read that again. What this says is that the Congress makes law. That means that the House and Senate legislate. It does not say that the Supreme Court, or any Court, can legislate law. It doesn’t say that if one Party doesn’t get its way that they can go to the Supreme Court, or any Court, and bring suit to get a law passed. It doesn’t say that a President can legislate by Executive Order. It says, specifically, that ‘all legislative powers’ are held by the Congress.

What have the Democrats done, time and time again? They have gone to the Supreme Court, or a District Court, to get their agenda passed. They can’t get their far-left ideology through a fair and balanced legislative process, so they go the Courts to do it. Why do they do this? Most of the laws they do this with are so far left, and against the people, there is no way that the people would allow it. 
  
‘Article 2, Section 1. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The electors shall meet in their respective states, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a list of all the Persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the Seat of the Senate.’

Thus was established the Electoral College. This was the fairest way to elect the President so that each and every State had a voice in who was running the government. Without the Electoral College, the most populated areas of the country would decide who would be President regardless of that the less populated areas wanted. Today, California and New York, the two most populated states, would control the election, leaving the rest of the country without a voice.

‘Article 3, Section 1. The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Section 2. The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; - to all cases affecting Ambassadors, other public Ministers and Consuls; - to all cases of Admiralty and maritime jurisdiction; - to controversies to which the United States shall be a party; - to controversies between two or more States; - between a State and Citizens of another State; - between Citizens of different States; - between Citizens of the same State claiming lands under grants of different States, and between a State or the Citizens thereof, and foreign States, citizens or Subjects….’

Here is where the power of the Supreme Court is established. There is no clause that gives the Supreme Court authority to legislate, only to hear and try cases. Historically, the Supreme Court determines whether a law is Constitutional when it comes to legislation but that is as far as it goes. The Constitution does not give authority to the Court to turn a bill into law.
‘Section 3. Treason against the United States shall consist only in levying War against them, or in adhering to the Enemies, giving them Aid and Comfort….’

Treason. That word has been tossed around a lot in the last few years; especially against Donald Trump. The Democrats have accused the President of treason numerous times, stating that he was colluding with a foreign power to win the Presidency and being an agent of Vladimir Putin.

Who, exactly, has aided and abetted our enemies? Who has given comfort to our enemies? Who has adhered to our enemies? Barack Hussein Obama handed $150 Billion dollars to Iran, our enemy. Isn’t that giving aid? Hillary Clinton sold 20% of our uranium to Russia, isn’t that giving aid to our enemy? Ilhan Omar and Rashida Tlaib adhere to Islam. Isn’t Islam a religion that directly goes against our government and our country? The Democrats, or many of them, demand that our borders be open to all comers regardless of who, or what, they are. Isn’t that giving aid and comfort to an enemy? The State of California and several cities across the nation, including Chicago and New York City, have declared themselves ‘sanctuary cities’ for illegals. Isn’t that the same as giving aid and comfort? Isn’t that aiding and abetting our enemies?

‘Article 4, Section 4. The United States shall guarantee to every State in this Union a Republican Form of government, and shall protect each of them against invasions; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened against domestic violence.’
What is President Trump trying to do at the Southern Border? He’s doing the job of Congress, which has decided that the safety of the nation isn’t that important. With the violence that hundreds of the illegals crossing our southern border is committing, the President is doing everything he can to close that border and protect the nation against an invasion of millions of illegal aliens and the violence that comes from some of those illegals.

The Democrats say that it is a conspiracy theory that says the influx of illegals is an invasion. If it were just a few hundred, I would concur. It isn’t just a few hundred; it is millions. There have been thousands at one time. If that isn’t an invasion I’d hate to know what the Democrats would call an invasion; and without knowing who these people are, there is a huge influx of the criminal element crossing unchecked.

To be fair, it isn’t just the Democrats that are fighting Trump on securing the border. There are a few Republicans that are mixed in there, also. It is as if our elected officials, those people that we, the people, have chosen to represent us, don’t care about our safety or the sovereignty of our nation. Without borders, there is no country.

What is a ‘Republican’ form of government? A Republican form of governance is one which is considered a ‘public matter,’ not the private concern or property of the rulers. In other words, we, the people, are our rulers not a centralized government that we have no control over. It appears the power is becoming more and more centralized and our representatives are not representing the wants, or the needs, of the people. Trump made a campaign promise to give power back to the people and he is doing his best to do just that; being obstructed at every turn through lawsuits against his policies on the border. Who is fighting against him the most? Not just the far left. There are a lot of conservatives that are caving to the liberal ideology of open borders. Where is our ‘Republican’ form of government?

‘Article 6. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made or which shall be made, under the authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a qualification to any office or public trust under the United States.’

What, exactly, does Article 6 mean? It seems clear to me. The Constitution is the Supreme Law of the Land and every member of the government, both federal and state, are bound to obey the laws set by the Constitution. There are three branches of government and each branch has certain powers that keep checks and balances against one person, or branch, from becoming a tyrannical dominion. It gives the people control over the government to keep all three branches from turning against the people. Is there room for ‘interpretation’ of what the Founders meant? Not really. It states clearly what the powers of government are, where those powers lay and with whom. What does need ‘interpreted’ is the laws passed by Congress and signed by the Executive. There have been 45 Presidents since we became an independent nation. There have been liberals and conservatives. There have been 116 Congresses. There have been both liberal and conservative majorities in those conventions. There are laws on the books that are unfair, unnecessary, and, in some cases, unconstitutional.

It is we, the people, that are the rightful rulers of our destinies. We own the government. We own the country. 243 years ago we fought against a tyrannical dominion and won our freedom. Over those 243 years, we have slowly let ourselves be ruled over once again. The Federal Government has usurped its power and now believes that it controls us. Over the last four or five decades, our young have been indoctrinated into the liberal ideology through the public school system, the mainstream media, and, now, social media.

We have become dependent on the government and ruled by the government. It is not a basic right, nor within the authority of the federal government, to receive an education, be fed, have healthcare, receive an income, or have our debts paid by the general public. The biggest problem today is that our young have been indoctrinated into believing that those are basic rights and should be given to them at no cost or effort from them.

Our basic rights, our inalienable rights, are enumerated in the first ten amendments to the Constitution, known as the Bill of Rights. Those, and only those, are our basic rights and guaranteed by the Constitution, the Supreme Law of the Land. The freedom of speech (now being taken away through political correctness), freedom to worship as we please (now being taken away through ‘separation of church and state’ and some state governments demanding Islam to be taught), freedom of the press (even though the press reports rumor and opinion as truth and fact), freedom to peaceably assemble and petition the government for grievances (now meant as rioting and destruction of property); the right to keep and bear arms (now being regulated even though there are no limits stated); the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure, warrants not issued but upon probable cause (all it takes is someone with a grudge to be probable cause or the government deciding that you are committing an offense against it); protected against double jeopardy, tried for a capital offense unless upon indictment of a grand jury, to be made to incriminate ourselves in court, or be deprived of life, liberty, or property without due process; to be informed of the nature and cause of the accusations and to be confronted with the witness against the accused, to be able to obtain witnesses for him and have the assistance of legal defense; to have a trial by an impartial jury of our peers, that no fact tried by a jury will be taken before another court; excessive bail or fines, or cruel and unusual punishment will be inflicted upon us (tell that to Paul Manafort); that there are other rights retained by the people that are not enumerated in the Constitution; secure in the fact that our homes will not be used to house the military; and that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or the people.

In recent months there have been citizens that have been deprived of some of these basic rights. As mentioned above, Paul Manafort was held in solitary confinement just to pressure him into fabricating ‘evidence’ against the President, General Michael Flynn was told he didn’t need an attorney while being interviewed by the FBI; Roger Stone, an old man, was raided by the FBI in the early morning hours and, somehow, CNN just happened to be there to film it; Michael Cohen, Trump’s attorney, had his office raided and records confiscated against the policy of attorney/client confidentiality. All these people were coerced by the FBI and/or the Mueller Investigation team to speak out against Donald J Trump, his campaign and his administration. What the Mueller team was doing was trying to find a crime that was committed thus depriving Trump of presumption of innocence. Just as Brett Kavanaugh was accused of being a sexual predator while being confirmed as Supreme Court Justice and the Liberal Left openly said that he was guilty even though the accusations were denied by the people that were supposedly witnesses (later to be admitted as false accusations).

The Second Amendment, in my opinion the most important, has been infringed over and over through regulation. The Constitution is very clear on this right. “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Read that again. And again. And again. “A well-regulated militia, being NECESSARY TO THE SECURITY of a FREE STATE, the RIGHT to keep and bear arms, SHALL NOT BE INFRINGED.” There are no limitations on this basic, necessary right. It doesn’t limit arms to single-shot long guns. It doesn’t state that a person needs to buy a permit or license. It doesn’t say that a person needs to pass a background check or that there should be ‘red-flag’ laws. It states extremely clearly that the right to keep and bear arms SHALL NOT BE INFRINGED.

Does mean that anyone should be able to buy and carry weapons? Actually – yes. Do I want anyone to be able to acquire weapons? It doesn’t matter. If someone wants to get a handgun, a rifle, an AR-15 or AK-47, a bazooka, a grenade launcher, land mines or any other weapon, they will do it whether it is legal or not. The only thing that these regulations do is keep honest, law-abiding citizens from being able to protect themselves; which is the very reason for this right to be guaranteed. Criminals don’t obey laws or regulations. The only reason the government institutes these laws is to disarm the citizens. And once disarmed, the citizens won’t be able to protect themselves from the criminal element or a tyrannical takeover from the government.

Political correctness is doing away with our freedom of speech. Why would the government want to do that? Without being able to speak our minds, without being able to offend someone, we start to think with one mind. We become automatons, bricks in the wall, mindless serfs. It is not against nature to offend someone. It brings on debate. It is a differing of opinions. Just because someone’s feelings get hurt doesn’t mean it should be against the law. As is happening around the world today, it has become a hate crime to speak against Islam, homosexuality, transgenders, minorities, etc. Hate crime! Just because a person is against a religion bent on the destruction of all other religions and ways of thinking, that person, if he/she speaks out against Islam, will be arrested and their lives destroyed because of a manufactured hate crime. Because a person speaks out against boys in the girl’s bathroom or a man saying he’s a woman doesn’t mean that it’s a hate crime. Just because a person speaks out against illegal aliens invading the country doesn’t mean it’s a hate crime.

The worst part of political correctness, which includes racist speech, is that only white people are accused and convicted of it. Muslims, blacks, Hispanics, Asians, gays, etc., can say anything they want with impunity. Only straight, white, conservatives are racist, Islamophobic, xenophobic, homophobic, etc. All the while, Islamists, blacks, gays, etc., can say whatever they want against those straight, white conservatives. Minorities demand equal justice but commit the crimes they accuse whites of committing. Unequal equality; a double standard.

Being a Constitutional originalist is being on the right side of morals and values. Not being a very religious person, I still believe in Christian principles. Morality is a social construct. What is moral and legal in one society may not be in another and vice-versa. Once Christian principles were done away with in schools, governmental policy, and even in homes, the culture changed. Where once every pickup truck in the parking lot of any school in America had a gun rack and shotgun in it and nothing thought about it, now is seen as an active shooter and that kid will be arrested and charged with terrorism.

It isn’t more laws we need. It is fewer laws; less government interference in our lives. We need more involvement between parents and children. Less social media and game consoles and more fishing and hunting. Less tolerance taught and more industrial arts and home economics taught. Less liberal indoctrination in schools and more basic education. More caring for American citizens and less importance put on illegal aliens; charity starts at home. Less climate change and more ecology. Less spending on countries that would rather see us dead and more on our own infrastructure. Help our allies, not our enemies. Less socialism and more capitalism.

We are losing our country because of our complacency and more and more dependence on government handouts. It is we, the people, that is allowing the government to gain more and more power over us. I believe it was Lincoln that said that the US would never be overtaken from an outside enemy but from within because of our complacency. Guess he was right.

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Please leave a comment; good, bad or indifferent. Feedback is greatly appreciated. Thanks, JDE