Tag-Archive for » Constitutional «

 
Sunday, January 22nd, 2012 | Author:

Every two years, when there are national elections in The United States, inevitably, we hear pundits ask these types of questions: What vision do they have for our country? What direction do they want to lead our country? What values do they hold?

While such things may appeal to the sensibilities of voters, and are a clever way for politicians to win our votes, I often take exception to these sorts of questions:

In our Federal Constitution, The framers gave The United States Congress 16 explicit, and Enumerated Powers, to which they could legislate. And, since then, there has been 27 subsequent Amendments. Nowhere in our Constitution is it written that anyone in our Federal Government shall have the power to legislate the values or morals of each “individual” in this union of “sovereign states.”

By no means, am I suggesting that values are not important. The values we hold, are a core part of who we are, and of our very existence.  However, each of us has our own set of values, our own morals, and our own faiths. The Founders also made We The People the sovereigns in this Federalist system of ours, and outside of the Limited and Defined, Constitutional Powers, that We The People have given to our Federal Government, all other things should be left to our respective states, or to us, as sovereign individuals. 

Therefore, in my humble opinion, the above questions should be answered as such:
The vision, and direction of our “Federal Government,” should always be moving in the direction that our Federal Constitution, ”explicitly,” calls for; which is the formula that made this country great from it’s inception. Period!

Regardless if I share the same values, or faith, as a person running for office, I still expect them to uphold the very document that they have taken an oath to; and let us, the people of this great country, decide how we should best govern “our own lives!”


Posted also at Conservative Daily News

Category: Opinion, Politics  | Tags:  | 2 Comments
Saturday, August 13th, 2011 | Author:

In 1787, when our Constitution was debated and written by the delegates of the thirteen original states, and subsequently ratified by the state legislatures, it was agreed that The United States would be a Federation of sovereign states, with a [Republic] Republican form of Government.

At the time when The Constitution was being debated, there were two primary groups: One was The Federalists, who, at the time, were more like Nationalists, who believed in a powerful top down sort of Central Government, and The Anti-Federalists, who, had several reservations to the new Constitution, and strongly believed in the sovereignty of the states. In fact, it was the anti-Federalists who we can thank for our treasured Bill of Rights; as the anti-Federalists would not sign onto the new Constitution unless a Bill of Rights was guaranteed.

Sadly, after only a few short years of The U.S. Constitution being ratified, factions were already forming, as The Federalists, despite entering into a (Constitutional) contract with the rest of the states, began putting forth legislation that was an obvious abridgment to the sovereignty of the states, and well exceeded the Limited Powers given to The Federal Government.

read more…

Tuesday, May 17th, 2011 | Author:

The words “Separation of Church and State,” were a metaphor used by Thomas Jefferson, in his correspondence between himself and The Danbury Baptists, in 1801. His exact words, were, “thus building a wall of separation between Church and State.”

These words, by Jefferson, to The Danbury Baptists, were used to demonstrate to them, and confirm, that, Constitutionally, our “Federal” Government was removed, legislatively, from the establishment, and prohibition, of any religion in the United States. Jefferson’s metaphor, not only is nowhere in the Constitution, but even in his letter, the metaphor was never intended to apply to our respective states. He was reassuring the Danbury Baptists that our Federal Government would not, and could not, make any laws that would abridge their religious freedoms.

It is the (Federal Government) Supreme Court, who, nefariously, used Jefferson’s metaphor to lead people to believe that there was no role for even state Governments, in our respective states, in the area of religion.

The Due Process clause of the 14th Amendment, was intended to ‘protect’ our individual rights, in our respective states. In the Everson vs. the Board of Education case, members of the Supreme Court used the case as a way to begin removing some of the state’s and the people’s (First Amendment) religious rights – which, traditionally, would have been a matter for the voters and their state constitutions to address.

Prior to that decision, state and local Governments did have some role, in our respective states, in the area of religion. It was after this Supreme Court decision, that public schools started removing prayer from schools etc. And, this is the same Federal Government that, for the last 30 or so years, many Conservative (likely, well-intended) groups have been working to ‘further empower’ with certain powers that, Constitutionally, have always belonged to, and, should always belong to the states.

Further Reading:
Everson vs. the Board of Education
10th Amendment

Category: Opinion, Politics  | Tags: ,  | 5 Comments
Saturday, April 02nd, 2011 | Author:

In George Washington’s Farewell Address – among the many insightful topics that he covered, his warning of the dangers of forming political parties, in our country, were, perhaps, his most brilliant words of all.

I’m sure there are many definitions of faction; but, when I think of political factions, I think of it as any like-minded group of voters, or elected officials, trying to infiltrate, or influence, our Government, laws, Constitution etc.

As George Washington, astutely, pointed out, the formation of factions, and allegiances, among several like-minded individuals, is, indeed, consistent with human-nature. However, in my humble opinion, they also defy human-nature. For example, we are individuals; and, as individuals, we don’t generally appreciate being controlled, or told to walk lockstep with a certain ideology; yet, we see this in so many facets of our lives, and political system - read more…

Sunday, March 27th, 2011 | Author:

No doubt, there are many factors, and opinions, that could be cited, as to how our country has arrived at this point in our history; but, please allow me to share a few of my general insights:

In The United States, indeed, every citizen should have the God-given right to vote; however, in our Federal Constitution, The framers gave The United States Congress 16 explicit, and Enumerated Powers, to which they could legislate; all other matters were to be left to the respective states.

Sadly, over the years, Congress has completely rejected these limitations; and, as a result, has allowed our country to be enslaved in debt; and, with trillions of dollars in unfunded liabilities, for so-called entitlement programs.

As a result, from their lack of prudence to our Constitution, our Congress has enabled the voters to vote for almost anything that any legislator could dream up! Therefore, while Congress has been constitutionally-elected, they have still set the stage for the voters to knowingly, or unknowingly, vote their fellow citizens out of their freedoms and property.

And, this is likely why we still have the ‘illusion’ that we have our Constitutional Republic; when, in fact, our Federal Government has been transmuted into a quasi-Socialist National Government.

Category: Opinion, Politics  | Tags:  | 10 Comments
Friday, March 25th, 2011 | Author:

For many years, and particularly over the last few years, we hear the term Conservative, used, generally, to describe the political right, in The United States; but, can such an ambiguous word be used to accurately describe the political right? Are all said Conservatives indeed to the political right?

According to the Founders of The United States, the further left, is the addition of more Government, and the further right, was less Government. Therefore, the furthest left would be, rightly called, tyranny; with the furthest right, anarchy. (ref.) It is said that the majority of Americans are center-right, which, in my humble opinion, would accurately describe where our Founders positioned us, Constitutionally, in 1787.

If we were to sub-divide the word, Conservative, we could begin to really start breaking it into many different sub-categories; to name a few: Social Conservatives, Christian Conservatives, Political Conservatives, and Constitutional Conservatives.

Unfortunately, and perhaps, naturally, I suppose there is a general hypocrisy in most politics, in all countries; but, in The United States, it really does seem that most people, in some way or another, wants our Federal Government to be limited; in other words, less intrusive in certain areas of our lives. On the other hand, while most people want a Limited Government in some areas, they still want The Federal Government to intervene in other areas of our lives. This thinking is not only arbitrary among different groups of constituents, but, it lacks any sort of cohesion upon which we can have a Federal Government that is fair, just, limited, and operates with any sort of real continuity.

Allow me to elaborate:
read more…

Category: Opinion, Politics  | Tags:  | 14 Comments
Friday, March 18th, 2011 | Author:

Well, sadly, here we go again! Last night, The United Nations approved a ‘No Fly Zone’ over Libya. Isn’t that wonderful? Has anybody, who is reading this, voted for members of The UN?

Today, I called the offices of Congressman Boehner, and Cantor; as well as my own Representative. Congress, our ‘elected officials,’ did not even have a vote as to whether or not America should be involved at all, in Libya! Therefore, we not only have ‘unelected’ officials determining our foreign policy, but we also have ‘unelected’ officials, at The Federal Reserve, who are likely funding it. But, in the long-run, of course, we will be expected to pay for it!

Regardless of what is happening in Libya, there is no apparent threat to The Continental United States! Our Constitution says that only “Congress” can provide for The Common “Defense,” and Declare War:


Article 1, Section 8:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States”

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces”

“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”

read more…

Category: Opinion, Politics  | Tags:  | 3 Comments
Thursday, January 13th, 2011 | Author:

As most Americans are aware of, The First Amendment of The United States Constitution, contains these words:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” 

As Americans, we should be outraged by the horrific, and tragic, shootings, that took place, last weekend, in Tuscon, Arizona. And, we should all want our Representatives, and all members of Congress, to feel secure, when they are out seeing their constituents. However, even more frightening, in light of this tragedy, is some members of Congress, who think they have some right of ownership over our speech, and political discourse, are talking about creating new laws that would regulate certain types of political discourse in America! That would not only be outrageous, but very misguided, and very un-Constitutional!  

Everyday, I hear political discourse, and often from Congress themselves, that is infuriating, and divisive! However, I would never, in a 1000 years, go out and harm another person, simply because I don’t like what they are saying! 

Consider this:

So often, in the last two years, we hear members of The Democrat Party, in Congress, and The President, himself, perpetually bash rich people, and perpetuate this class-warfare, divisive, rhetoric. Now, God-forbid, if a poor person were to go out and start gunning down millionaires, can we call for a Federal investigation of members of Congress, for antagonizing murder? Of course not! Even the thought of it is ridiculous!

And, if Congress were given the ability to regulate speech, where would it end? And, how long would it be before they start regulating our religious freedoms? As our Founders, wisely, knew: such powers, in the hands of a central government, would undoubtedly become arbitrary, and inevitably, despotic! In fact, in countries where the Freedoms of Speech are suppressed, it is very likely that the bigger guns do prevail! Our Freedom of Speech, and free elections, are absolutely necessary for free people to vent their frustrations, and discontent, with their government; which, ultimately, prevents a free nation from digressing into a chaotic, and despotic, state! read more…

Wednesday, December 08th, 2010 | Author:

As most Americans are aware of, in The United States’ Federal Government, we have three branches of Government: The Executive Branch, which includes The President, Vice-President, and their cabinet; The Legislative Branch (Congress), which is made up of The Senate and The House of Representatives; and The Judicial Branch, which is The Supreme Court. But, do we really have three branches of government? …

After it was decided by the framers of our Constitution to incorporate the theory of seperation of powers, as conceived by Charles-Louis de Secondat (Baron de Montesquieu), the question, of course, then became: how do the occupants of these three branches get elected or appointed?

While the framers debated as to how The President of The United States shall be appointed, the opinion seemed to be most in favor of allowing Congress to appoint The President. There were also some who thought the state governors should appoint The President. And, finally, some who thought The President should be elected by a popular vote by the citizens. After much debate, it was decided, that allowing Congress to appoint The President was a slippery-slope to legislative tyranny, as it could have made The President beholden to those who appointed him, if he were to retain his position of power. The framers, not thinking it was prudent to allow an often uninformed, and disengaged, citizenry, to directly elect The President, decided on creating the electoral process (Article 2, Section 1, Clause 2), which directed state legislatures to select electors (virtuous and trusted citizens) from their respective state, and these electors would select two people who they would elect as President – with the most votes being President, and the runner up, Vice-President. The number of electors was to be equal to the amount of Representatives and Senators that each respective state had in Congress.

And, here is where it began to get dicey:

read more…

Category: Opinion, Politics  | Tags:  | 4 Comments
Saturday, October 23rd, 2010 | Author:

Keynesian Economics, which derives from The British economist John Maynard Keynes’ 1936 book, The General Theory of Employment, has had a recent resurgence in The United States, as well as in several other countries around the world.

Historically, in The United States, these economic theories were employed in The Franklin Roosevelt Administration, during The Great Depression, in the 1930s. And, most recently, starting with The Bush Administration, and increased, exponentially, during The Obama Administration.

I could begin listing a host of reasons why, economically, I don’t believe Keynesian economics is a viable system, however, there are 1000s of books on this subject, and tons of information on the Internet. I would prefer to take a more philosophical approach:

Our founders, in The United States, created a Constitution which clearly limited the powers of The Federal Government; as evidenced by the enumeration of (explicit) powers to Congress, in Article 1, Section 8. And, to The President, in Article 2, Section 1.

Keynesian economics presupposes that our Federal Government can tax the citizens of The United States for any amount they like, and spend it in any way that they see fit! This presumption is not only a subversion to our free-market system, as set fourth by our founders, but it’s also an abridgement to the freedoms of The American people! Every dollar that our Federal Government taxes away from the citizens, is one less dollar the citizens have to feed their families, pay their bills, and create, or invest into, their own businesses – which provides sustainable capital, and employment, for more citizens! There is also a presumption that they, The Federal Government, can mandate and manage the very goods and services that The American people are to acquire!

If our founders were so certain that The Federal Government could solve all problems, they certainly would not have limited it’s powers! And, most certainly, they would not have created a Republic that allowed “free-people” to pursue their own lives, and their own happiness. Clearly, our founders fought a war because of the same style of top down, heavy-handed, government, that made them feel oppressed by Great Britain in the late 1700s!

For anyone who believes a central government can solve all the problems of the it’s citizens, then Keynesian economics may work for you. But, for those who still believe in individual liberty, and the pursuit of happiness, as declared by our founders, then we must see that this growing Federal Government is reduced, exponentially! And, bound by the chains of The Constitution, as conceived by our founders!

Category: Economics, Opinion, Politics  | Tags:  | One Comment
Sunday, October 10th, 2010 | Author:

During The Revolutionary War, The Continental Congress issued approximately $240 million in paper money, called Continentals. The understanding was that, after the war, this money could be redeemed in gold or silver. The states, thinking this was a great way to create money, also began printing money. On top of that, The British created counterfeit Continentals, and used them to buy supplies from The Americans. 
 
With the weak Articles of Confederation, and the printing of these bills, The United States nearly lost the war for independence. And, not too long after, confidence in these Continentals had gotten so low, that by 1780, each bill was barely worth one cent. 
 
Even though God’s grace was with our country, and the war for independence was won - due to this practice of printing money, the newly formed United States suffered a period of real financial depression. It was so bad that foreign nations were hovering over us, like vultures, waiting for the new United States to collapse.
 
Fortunately, God’s grace was still upon our new country, and James Madison, along with George Washington, formed what we now know as The Philadelphia Convention, where our Constitution was written, and a true miracle took place. That document, and the subsequent ratification, by the states, transformed The new United States from a country near collapse, to a prosperous, and free Republic.
 
The framers of our Constitution, now knowing the evils of printing paper (fiat) money, which is not based, firmly, on a tangible asset, decided against the usage of any fiat money for the currency of The United States, and elected only to use gold and silver coinage for our currency.
 
This wisdom was enshrined in Article 1, Section 8, Clause 5, of The United States Constitution; which grants these powers, explicitly, to The United States Congress:
 
read more…
Monday, July 19th, 2010 | Author:

For many years there has been a debate in The United States as to whether or not we are a Christian nation. While there are many different opinions, there may not be a definitive answer to that question -
For example, The 1st Amendment of The United States Constitution contains these words:
 
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; …”
 
 
Therefore, it is pretty clear, The Federal Government can not establish any religion for The United States. However, traditionally, in The United States, this amendment also meant not prohibiting the states from making their own laws and decisions as it related to matters of faith.
 
 
These words are from Article 6 (clause 3) of The United States Constitution:
 
 
“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.”
 
 
Which basically allows for all United States citizens to serve in public office regardless of their religious beliefs etc.
 
 
Thomas Jefferson, in his studies, discovered what he referred to as The Ancient Principles: The Ancient Israelites, under Moses, created the earliest recorded form of representative government, which our founders also referred to as People’s Law. These same principles were later used by The Anglo-Saxons, in the early years of England’s history. These principles helped lay the foundation for The United States Constitution, and were highly influential to Jefferson, as he wrote The Declaration of Independence.
 
 
Therefore, it is irrefutable: The United States’ Republican form of government is based on principles derived from The Old Testament of The Bible. Thus, the foundation of The United States of America, most certainly, was built on Judeo-Christian principles. And, our founders, by in large, were very much of The Judeo-Christian faith – which is confirmed, over and over, by their written words and speeches.
 
 
Below is David Barton, historian and founder of Wallbuilders, giving a lecture (America a Christian nation?) from Intouch Ministries in Atlanta, Georgia. His lecture is extremely informative for those who are interested in the founders of The United States; and more specifically, how our great country has been shaped by Judeo-Christian principles.
 
Enjoy!



Thursday, July 08th, 2010 | Author:

As with many Americans, I have been thinking about Arizona, our borders, our immigration laws, and how this all relates to our most treasured, and necessary, United States Constitution. 

Undoubtedly, for many years, under several administrations, and spanning both parties, there has been a failure to effectively secure our borders. Sadly, like many other things that are wrong in our country, failure to secure our borders is greatly due to political posturing; as opposed to doing what is morally, and judiciously, right for The American people. Most Americans would agree, our borders need to be secured, once and for all! And failure to have done so, after 911, is truly reprehensible! 

Before proceeding, it is important to note: Article 1, Section 8 of The United States Constitution, gives Congress the explicit power to create the ”uniform” naturalization laws of The United States: “To establish an uniform Rule of Naturalization, and uniform Laws…”
 
It is also important to know Article 6, which is often referred to as The Supremacy Clause:
“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.”
  
From what I understand, The Supremacy Clause basically instructs, that any powers explicitly given to Congress, in Article 1, Section 8 of  The United States Constitution, has supremacy over state laws; and no state laws can be made that would conflict with, contradict, or obstruct a federal law. Often, that begs a much larger question as to what powers are explicitly federal, and which are not. That question goes beyond the scope of this post, and is a question that has been asked, and debated, since the days of our founders. For the sake of this post, it is pretty clear, the responsibility to create laws of immigration, were given, explicitly, to The Federal Government, by our founders. 
 
read more…
Category: Politics  | Tags:  | 5 Comments
Tuesday, June 29th, 2010 | Author:

“Congress [in implementing the 16th Amendment] went beyond merely enacting an income tax law and repealed Article IV of the Bill of Rights, by empowering the tax collector to do the very things from which that article says we were to be secure. It opened up our homes, our papers and our effects to the prying eyes of government agents and set the stage for searches of our books and vaults and for inquiries into our private affairs whenever the tax men might decide, even though there might not be any justification beyond mere cynical suspicion.”

“The income tax is bad because it has robbed you and me of the guarantee of privacy and the respect for our property that were given to us in Article IV of the Bill of Rights. This invasion is absolute and complete as far as the amount of tax that can be assessed is concerned. Please remember that under the Sixteenth Amendment, Congress can take 100 percent of our income anytime it wants to. As a matter of fact, right now it is imposing a tax as high as 91 percent. This is downright confiscation and cannot be defended on any other grounds.”

“The income tax is bad because it was conceived in class hatred, is an instrument of vengeance and plays right into the hands of the communists. It employs the vicious communist principle of taking from each according to his accumulation of the fruits of his labor and giving to others according to their needs, regardless of whether those needs are the result of indolence or lack of pride, self-respect, personal dignity or other attributes of men.”

“The income tax is fulfilling the Marxist prophecy that the surest way to destroy a capitalist society is by steeply graduated taxes on income and heavy levies upon the estates of people when they die.” 
(see communist goals)
 
“As matters now stand, if our children make the most of their capabilities and training, they will have to give most of it to the tax collector and so become slaves of the government. People cannot pull themselves up by the bootstraps anymore because the tax collector gets the boots and the straps as well.”
 
“The income tax is bad because it is oppressive to all and discriminates particularly against those people who prove themselves most adept at keeping the wheels of business turning and creating maximum employment and a high standard of living for their fellow men.”
 
“I believe that a better way to raise revenue not only can be found but must be found because I am convinced that the present system is leading us right back to the very tyranny from which those, who established this land of freedom, risked their lives, their fortunes and their sacred honor to forever free themselves.”
 
Thomas Coleman Andrews (Commissioner of Internal Revenue 1953-1955)
 
Category: Economics, Politics  | Tags:  | 2 Comments
Friday, February 05th, 2010 | Author:

A New Beginning

“A Republic … if you can keep it.” Those words, attributed to Benjamin Franklin during the evening hours of September 17, 1787, spoke into being a rich history of our nation, its founding and the establishment of our Constitution as the rule of law. The Constitution was written, debated, edited and debated further until a consensus of the Constitutional Convention was reached. In his closing speech, Benjamin Franklin acknowledged, “I doubt too whether any other Convention we can obtain may be able to make a better Constitution.” This republic afforded the people of the various sovereign states representation on an equal basis based on the population, these are our representatives in Congress. The states were given an equal say in states matters in the Senate. Together the Representatives and Senators would comprise the legislative branch of our government that would direct the laws and policy of these United States.

Order Out of Chaos

Much confusion abounded during the time of the convention, bickering among the participants was considerable. However, one item echoed throughout the process that today most folks would deride as folly. During the final debates, Mr. Elbridge Gerry expressed the concern that the Constitution as it was written would lead to a civil war because it didn’t adequately protect republicanism. It was argued that in his home state of Massachusetts, there were two political parties, one devoted to Democracy, “the worst thought of all political evils” and the extreme opposite. Without a guarantee that the Constitution would protect the nation against such extremes, he refused to sign and subsequently argued against ratification because of the lack of a bill of rights that limited the power of the government.

The republic that was formed allowed each state to have 2 senators that were selected by the various states to ensure the government would never impinge upon the sovereignty of the individual states. This bi-level system assured that the states acting in concert could not impose legislation on the country as a whole without the consent that comes from the people through their representatives. The representatives and senators thus each are required to produce legislation and have it approved through both houses assuring the needs of the people are met and the sovereignty of the states is ensured.

States’ Rights Dealt Death Blow

The 17th Amendment, if doing nothing else, brought about the demise of states rights and effectively neutered the republic. When the Senate passed the amendment on June 12, 1911, they were voting for themselves the ability to be elected by popular vote and whether knowingly or not, they changed the face of the country. A senator elected by the people, will ultimately do the will of the people, or at very least the will of the people who ensure their continued re-election. This holds true for appointed senators as well. Those appointed senators would be loyal to the state legislature. The move from the states’ legislature selecting senators to the people removed the loyalty to the state and put it squarely in the lap of the people. The republic that Ben Franklin announced that historic day in 1787 had been lobotomized.

The Arguments

There are several arguments for the repeal of the 17th Amendment:

  • It removed states’ representation from the federal government and essentially abolished state sovereignty and the states no longer have a representative voice in the legislature.
  • It removed the balance from the legislative branch of government. A congress made up of elected officials from the enumerated people, plus two from each state essentially gives the people additional representation greater than the enumerated representation allowed by the constitution.
  • Power has become centralized in Washington. A senate without loyalty to the individual states takes away the rights of individual states to pass any meaningful legislation, and causes the legislative power to reside in the federal government.
  • It has increased partisanship in government. Political parties exist to give a stronger voice to like-minded individuals. Since individuals belong to political parties, their will is pressed in the senate as well as the house. The states on the other hand, do not belong to political parties and usually consist of a varied mix of several political views.
  • The Senate is now directly responsible to the people. This means that if they don’t do the will of the people, they can be replaced. While this sounds good, the senate was never designed to do the will of the people. It was designed to do the will of the states. This effectively removed whatever protections the 10th Amendment provided.

The Repeal

In the political climate today, the likelihood of a repeal of the 17th Amendment is remote. There have been attempts to do so in the past, but they failed due to obvious reasons. As recently as August 2009, there were bipartisan attempts to amend the 17th to prevent the appointment of senators by state governors.

Constitutionally we must live within the law, and when those laws seem unjust or no longer are appropriate, it is the duty of the people to change those laws. The expansion of the federal government has put us on the edge of a crevasse that will soon give way to a calamitous action. We must act with purpose to restore the proper balance to a union of nation/states. Each state being sovereign, each person being secure in their liberty and the strength of the nation improved through a cooperative federal government instead of the bastardized monstrosity we are currently relegated to deal with.

Monday, January 25th, 2010 | Author:

Rights:
In The United States, many of us are very concerned with the current administration’s policy of reading rights to known, and captured terrorists …
 
While, I am not a constitutional scholar, it does not take much expertise to look up the origin of Miranda Rights… In this 1966, landmark decision, The Supreme Court decided (Chief Justice Earl Warren’s Opinion), “no confession could be admissible under The Fifth Amendment self-incrimination clause, and The Sixth Amendment right to an attorney, unless a suspect had been made aware of his or her rights.”
 
Here are a few points worth considering:
Just because The Supreme Court made this decision, there is still no mention of mirandizing, or of reading arrested criminals these so-called rights, in The Constitution; therefore, does that make it a constitutional right? 
 
The Fifth Amendment states these words:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,…”
 
Does anyone see where The Fifth Amendment states, suspected criminals, let alone terrorists, “have the right to remain silent, and that anything you say can and will be used against you in the court of law”?  Clearly, it says, “no person shall be held unless on a presentment or indictment of a Grand Jury.” I’m also confused as to why that clause has been named, the self-incrimination clause? And somehow, in a court of law, you can plead The Fifth Amendment, and again, evoke this so-called right to remain silent? I’m not so sure this was the intents of our founders.
 
Trials: 
The Fifth Amendment continues on to say this:
“…except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;…”
 
Which confirms, constitutionally, law enforcement, and/or the military, in times of war, or public danger, are allowed to hold detainees for an unspecified amount of time, prior to being given a trial, as directed by The Constitution. Call me crazy, but if a man/terrorist was barely stopped from blowing up 300 people, on an United States airliner,  I would consider that a public danger; and I would want to know, if, in fact, this is an isolated incident, or if this person has any valuable information in regards to imminent attacks. Even without arguing the validity of the Supreme Court’s (1966) decision, it is fairly clear to me, if the public is in danger, these writs, are legitimately, and legally, able to be “suspended” by our Federal Constitution. And again, I will go back to asking, is reading a person these so-called Miranda rights, the same as constitutional rights?
 
I could leave it at that, however, it may be worth noting, The Sixth Amendment does say this:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,…”
 
And once again, look at the words closely, all “criminal prosecutions,” the accused shall enjoy a speedy, and “public trial.”
 
My conclusion is, if the accused is detained, and feared to be a danger to the public, then their rights (under The Sixth Amendment) to a speedy, and public trial, can be suspended, under The Fifth Amendment. It appears to be perfectly legal under The United States Constitution.
 
Tribunals:
We continually hear, why isn’t The President creating military tribunals, so we can try these captured terrorists, before our military, and without the complications of the typical court system? After reading over The Constitution, and to my surprise, The President was NEVER granted this authority… In Article 1, Section 8  of  The Constitution, these words… ”To constitute tribunals inferior to The Supreme Court,” are listed under the powers of Congress. In The Constitution, our founders only created The Supreme Court; all other, inferior courts, were left to Congress to create.
 
Again, I am not a constitutional expert, nor am I a constitutional lawyer… I am, however, a citizen that is deeply concerned about the direction that our country is headed in. Therefore, if you feel, any of these arguments are valid; by all means, please ask these questions to the people who are truly, and professionally, equipped to further investigate the truth. In my humble opinion, and interpretation, I will say, it looks like Congress needs to take a bigger role, in our national security; and not leave these national security decisions, solely to The (Executive Branch) President.
 
Category: Politics  | Tags:  | 3 Comments
Friday, July 10th, 2009 | Author:

As many people know, and are deeply concerned about, our federal government is growing exponentially; and the question is often asked, where does the power of the federal government end, and the state power, and the people thereof begin? For anyone asking this question, it is a great question. Please consider what one of our founding fathers, and third president, Thomas Jefferson once said…

“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”

Our founders were very wise, and most believed in the de-centralization of power, and often chose to relinquish power; unlike the over-reaching and ever-expanding federal government that we are often seeing today.

When our founders drafted The United States Constitution, the federal government was given explicit powers…

First let’s look at the expressed powers given  to The (Legislative Branch) United States Congress:

Article 1, Section 8
  • The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
  • To borrow Money on the credit of the United States;
  • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  • To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
  • To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
  • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  • To establish Post Offices and post Roads;
  • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  • To constitute Tribunals inferior to the supreme Court;
  • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
  • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
  • To provide and maintain a Navy;
  • To make Rules for the Government and Regulation of the land and naval Forces;
  • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
  • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
And lastly, the below clause, has often been used by Congress to expand their authority, and to make additional laws “as they deem necessary”; this is also referred to as The  Elastic Clause; and some refer to it as The Necessary and Proper Clause:
  • —And To make all Laws which shall be necessary and proper for carrying into Execution the “foregoing” Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
 
Now, let’s look at the powers withheld from The United States Congress:
 
Article 1, Section 9
  • The Migration or Importation of such Persons (prev. referred to as slaves) as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight (1808), but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
  • No Bill of Attainder or ex post facto Law shall be passed.
  • No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
  • No Tax or Duty shall be laid on Articles exported from any State.
  • No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
  • No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
  • No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
 
These days, we hear a lot about The Tenth Amendment of The Constitution; the first ten amendments are also known as The Bill of Rights; which are the citizens’ rights, protected by The Constitution:
 
Let’s take a quick look at The Tenth Amendment:
 
  • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”.
 
So, this is very interesting: after reading the tenth amendment, you would think, any powers that were not given to the Federal Government, by The Constitution, are explicitly retained by the states and the people, respectively. 
 
To me, this begs the question, where does The Elastic Clause end, and The Tenth Amendment begin? I have a feeling, this is a question that many people are asking.
 
 
 
Further reading:
The Powers of The United States President
The Powers of The United States Federal Courts
Friday, July 10th, 2009 | Author:

Lately, there has been some concern as to what explicit powers were given to The (Executive Branch) United States President by The Constitution; let’s take a look….

Article 2, Section 2

  • The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
  • He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
  • The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Then there are presidential duties…

Article 2, Section 3

  • He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

And lastly, a United States President can be impeached (removed from office) for any of the below reasons…

  • The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Further reading:
The Powers of The United States Congress
The Powers of The United States Federal Courts
 
Category: American History, Politics  | Tags:  | 3 Comments
Thursday, July 09th, 2009 | Author:

Below is the powers granted to our (Judicial Branch) Federal Courts by The Consitution…

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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article 3, 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.
  • In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
  • The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article 3, Section 3

  • Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
  • The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Further reading:
The Powers of The United States President
The Powers of The United States Congress
 
Wednesday, June 17th, 2009 | Author:

Democracy was started in Ancient Greece, and the word Democracy in Greek is “demos kratia,” which in English, literally means “people rule.”

Therefore, let’s not be confused or misled: here in The United States, we are not living in a true democracy… If anything, we have  a Representative form of Democracy.

In reality, we are a Republic… which is a state or a country that is not led by a monarchy, and which the people (or part of the people) have an impact on it’s government. More broadly, we are a Constitutional Republic, governed by laws, and by which the people are represented by elected officials.

The word Republic is derived from the Latin phrase “res publica, which is translated to English as “public thing,” or “public affair.”

Article 4, Section 4, of The United States Constitution:
“The United States shall guarantee to every State in this Union a Republican Form of Government,…”

Category: American History, Politics  | Tags:  | 4 Comments
Thursday, June 11th, 2009 | Author:

Ever since President Obama (then candidate Obama) made his infamous statement to Samuel (Joe The Plumber) Wurzelbacher about spreading the wealth, while on the campaign trail, I have been deeply concerned as to what exactly he meant by that.

Well, apparently, we are starting to see some of this come to fruition…and recently, President Obama appointed a Pay Czar named Kenneth Feinberg, who will have authority over compensation for senior executives… Wait! A what? What is a Czar? Well, let’s see, according to Dictionary.com, a  Czar is a noun, meaning one of these four things…

1. An emperor or king.
2. The former emperor of Russia.
3. An autocratic ruler or leader.
4. Any person exercising great authority or power in a particular field: a czar of industry.
 

That makes twenty-some odd Czars appointed thus far by President Obama. Oh yes, by the way, has each one of these so-called Czars been approved by The Senate Mr. President? After all, there is this document called The United States Constitution (Article 2, Section 2 ), that happens to mention alittle something about this…

He (The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the “Advice and “Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and “all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but “the Congress may by Law vest the Appointment of such inferior Officers, “as they think proper“, in the President alone, in the Courts of Law, or in the Heads of Departments.
 
Regulating Salaries…
 
After some thought, I realized that regulating salaries may not be such a bad idea, however, I think it would be a great idea if we started by regulating the salaries of all  members of the federal government that are paid via tax payer dollars; after all, aren’t we  (and our tax dollars) paying them? In fact, don’t they work for us? Therefore, as a member of The (American Citizens) Board of Directors, I think that we should receive a detailed report on all federal employee salaries, and by consensus of The (American Citizens) Board of Directors, we can come up with a pay scale that we (the people) feel would be conducive to a prudent government; and adjust accordingly for the fiscally out of control federal government that we currently have today.
 
Spreading The Wealth…
 
My other thought was in regards to this doctrine of spreading the wealth; after some thought, I said to myself, this may not be a bad idea after all. However, I think that we should start by taking every person that has lost their job, over the last year, and give them every penny that they have been forced to pay into the unemployment fund, throughout their “entire” working lives. Then, after that, I think it would be a great idea to give every person that has been forced to pay federal income tax, at least six months of tax rebates; then beyond that, I think that complete tax holidays, in three to six month increments, would also be a fantastic idea, and may even help stimulate the economy.
 
Interestingly enough, the above is absolute evidence that by challenging yourself, and with a little introspection, you can start to (philosophically) see eye to eye with the incumbent administration.
 
Mark
Category: Politics  | Tags:  | 6 Comments
Sunday, May 24th, 2009 | Author:

Arguments against United States income tax
Some of the original United States tax laws, as per The United States Constitution: Article 1, Section 2, Clause 3, Article 1, Section 8, Clause 1, and Article 1, Section 9, Clause 4  (No Capitation, or other direct, Tax shall be laid, unless…)
 
The Sixteenth Amendment  (1913), gave Congress the ability to tax income from The United States’ citizens. 
The The Fair Tax Act of 2009  is one of the more popular alternatives that our law-makers are currently considering… “It promotes more freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States.” This bill (H.R.25) is sponsored by Congressman John Linder.
 
Category: Economics, Politics  | Tags:  | 5 Comments
Sunday, May 10th, 2009 | Author:

♦ On February 21, 1787, The Congress of The Confederation, endorses a plan to revise The Articles of Confederation (The Congress of The Confederation evolved from The Second Continental Congress, and included 55 delegates representing each state)

♦ On May 25, 1787, the delegates from twelve of The thirteen states, with the exception of Rhode Island, convene in Philadelphia, in The Assembly Room of The Pennsylvania (Independence Hall) State House.

♦ On July 13, 1787, The Congress of the Confederation meet in New York City, and adopt The Northwest Ordinance, which established formal procedures for transforming territories into states.

♦ On September 17, 1787, The Federal Convention, in Philadelphia, adopt the final text of the proposed Constitution.

♦ On December 7, 1787, Delaware becomes the first state to ratify The Constitution; officially making Delaware the first state of  The United States.

♦ On June 21, 1788, New Hampshire becomes the ninth state to ratify The Constitution, and two-thirds needed to officially put The Constitution into effect; establishing the new government for The United States, and making The Constitution the new (highest) law of the land.

♦ On April 30, 1789, George Washington is inaugurated as the first President of The United States, in Federal Hall, in New York City.

♦ May 29, 1790, Rhode Island becomes the thirteenth of the original thirteen colonies to ratify The Constitution; making The Constitution unanimous.

♦ On December 15, 1791, Virginia becomes the tenth state (of the now fourteen) to ratify ten proposed amendments to The Constitution; these ten amendments, known as The Bill of Rights, and some of our most treasured rights, were then added to the United States Constitution.

♦ On March 4, 1801, Thomas Jefferson is inaugurated as the third president of The United States, in Washington, D.C, making him the first president to be inaugurated in the nation’s permanent capital. 

♦ On April 27, 1861, Abraham Lincoln suspendes Habeas Corpus in Maryland and parts of the midwestern states. 

♦ On January 1, 1863, Abraham Lincoln issues The Final Emancipation Proclamation, declaring all slaves in The United States  “forever free”.

♦ On December 6, 1865, The Thirteenth Amendment was ratified, outlawing slavery, forever, in The United States.

♦ On February 3, 1870, The Fifteenth Amendment was ratified, which forbids discrimination in accessing the polls, based on race, color, or previous conditions of servitude. This amendment allows men of all color to vote in The United States.

♦ On February 3, 1913, The Sixteenth Amendment was ratified, which grants Congress the authority to directly tax income;  this amendment modified Article 1, Section 8, and Article 1, Section 9  (No Capitation, or other direct, Tax shall be laid…), which required all taxes to be levied relative to the population as determined by the census. Prior to this amendment, taxing income directly “may” have been considered unconstitutional.

♦ On April 8, 1913, The Seventeenth Amendment was ratified; transferring the selection of state Senators from the state legislation, to an election by the people of each respective state.

♦ On January 16, 1919, The Eighteenth Amendment was ratified; after one year from the ratification of this article, the manufacturing, sale, import or export of intoxicating alcohol, for the purpose of beverage, is prohibited (prohibition) in The United States.

♦ On August 18, 1920, The Nineteenth Amendment was ratified, which forbids discrimination in accessing the polls, based on sex. This amendment allows women to vote in The United States.

♦ On December 5, 1933, The Twenty-First Amendment was ratified, which repeals The Eighteenth Amendment; allowing the manufacturing, sale, import and export of intoxicating alcohol, for the purpose of beverage, in The United States.

♦ On April 12, 1937, The United States Supreme Court decides The National Labor Relations Board v. Jones & Laughlin Steel Corporation, which upholds the federal power to regulate labor relations.

♦ On May 17, 1954, The United States Supreme Court decides Brown v. The Board of Education, which strikes down school segregation as a violation of The Fourteenth Amendment’s “equal protection” clause.

♦ On March 9, 1964, The United States Supreme Court decides New York Times Co. v. Sullivan, which imposes federal constitutional standards on libel suits brought on by government officials against news media.

♦ On July 2, 1964, The U.S. Civil Rights Act of 1964 was enacted, upholding federal authority to enforce civil rights against state and local governments, and to bar discrimination.

♦ On June 7, 1965,  The United States Supreme Court decides Grinswold v. Connecticut, recognizing the constitutional protection for rights of privacy in decision about giving birth and the use of contraception.

♦ On June 13, 1966, The United States Supreme Court decides Miranda v. Arizona, enforcing federal constitutional protection of rights of criminal suspects and defendants against state and local governments. This is the origin of The Miranda Rights. Police officers must read a suspect their Miranda Rights when being placed under arrest.

♦ On June 30, 1971, The United States Supreme Court decides New York Times v. The United States (“Pentagon Papers” case), striking down the idea that the federal government can prevent the publication of news stories in the name of national security.

♦ On January 22, 1973, The United States Supreme Court decides Roe v. Wade, which upholds federal constitutional protection for a woman’s right to decide whether or not to have an abortion.

♦ On July 24, 1974, The United States Supreme Court decides The United States v. Nixon, rejecting presidential claims of executive privilege, and upholding that a president must submit to a demand of evidence from a federal grand jury in an ongoing investigation.

♦ On June 29, 1992, The United States Supreme Court decides Planned Parenthood v. Casey, upholding the constitutional protection of a women’s right of choice.

There are currently 27 amendments to the United States Constitution. There have been approximately 11,372 measures proposed to amend the Constitution  from 1789 through December 31, 2008.