Wednesday, October 29, 2008
Now is the Time for All Good Men
This anti-constitutional orientation infects all three branches of the federal government and sadly both political parties, though I would judge that there is a much greater dose of it in the Democrat party. Lord Acton was quite right when he observed that, “Power tends to corrupt; absolute power corrupts absolutely.” Judge R. Barclay Surrick of the federal district court in Philadelphia stated in his dismissal of Democrat Philip Berg’s suit questioning the birth certificate of Barack that we mere people have no standing to raise constitutional issues about our candidates running for President. His belief is that only the Congress has such standing. Are you kidding?! So our only recourse against constitutional infractions is to wait for Congress to bring the issue forth? They are as guilty and complicit or more of such heinous constitutional infractions as Obama. That’s tantamount to me handing a pistol to a thief breaking into my home in the dead of night and begging him to arrest himself! We the people through our states own the Constitution. We do indeed have standing. The federal government does not own and is not a party to the constitution. The states wrote it and created the federal government to serve the needs of the states and at their pleasure, not vice versa. The states are not mere governmental subdivisions of the federal government. The federal government is charged to provide for the common defense and promote the general welfare of the states and the people through the very specific enumerated powers and restrictions within Article I, Section 8 and the various amendments. And that’s it! It is NOT carte blanche for the federal government to tax, spend, regulate and run every minute aspect of American life.
Now is the time for the people acting through their states to rise up and enforce the absolute tenets of the constitution upon the federal government. We must not be intimidated. The states can amend the constitution and call a constitutional convention. I hope it does not come to a convention. Let me say that I am not an advocate of state secession, but I do think that states should consider ways that they can reign in a rogue federal government and perhaps operate as more sovereign, independent states while remaining within the republic. States choosing not to participate in unconstitutional federal programs would become laboratories of liberty which would attract or repel people and industry based upon their success or failure. As a parting thought I pray that we do not take up arms over these issues as we did in 1775 and 1860. That course of action though is the final recourse of a people oppressed by tyranny. It is for this reason that the Second Amendment was written into the Bill of Rights. History teaches that one of the first actions taken by a despot is to confiscate the people’s arms. What better way to protect himself from forced removal? The American people must never cede that right. Let’s look back to our very own Declaration of Independence for guidance from our Founding Fathers:
…”We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”…
And a few final thoughts from Thomas Jefferson, the liberal’s favorite Founding Father:
"The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants."
"Rebellion to tyrants is obedience to God."
God save the Republic!
October 29, 2008
Monday, October 27, 2008
When Judges Won't Judge--Punt
Wednesday, October 22, 2008
What Happened?
The Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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 is a general statement of purpose and intent for the document that follows. It confers no authority or power.)
U.S. Constitution - Article 1 Section 8
Article 1 - The Legislative BranchSection 8 - Powers of Congress
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;
(“Welfare” in this clause does not refer to what we think of today as welfare. It is not a handout or redistribution of wealth. )
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;
(Regulation of commerce among the several States referenced in this clause does not empower the Federal Government to micromanage every facet of every business transaction in the country. It does not empower the Federal Government to buy private businesses or assets. It does not empower the Federal Government to set up government owned, managed, mandated or run business enterprises.)
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 Offenses 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
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.
U.S. Constitution - Amendment 16
Amendment 16 - Status of Income Tax Clarified
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
(The above language is the full extent of powers and authorities granted to the Federal Congress. Period. There are no more. Any other power or authority to act is reserved to the People acting through the States, as below.)
U.S. Constitution - Amendment 9
Amendment 9 - Construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
U.S. Constitution - Amendment 10
Amendment 10 - Powers of the States and People
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.
(There is no authority or power to be found above for the Federal Government to establish, run or mandate such things as Social Security, Medicare, welfare, a federal minimum wage, health care or spending for a huge majority of the things in the current federal budget.
So what are We the People (referenced in Amendments 9 & 10) going to do? Nothing? I pray to God, no.)
Prescription for Healthcare
One factor in cost is the high price of labor in the United States, driven to a large part by the labor union movement. It’s fine for people to organize and negotiate for the best salaries and benefits they can get. But they must then understand that these costs of business must be passed along in the price of the product or service of their industry; in this case healthcare. As William F. Buckley, Jr. would exhort, “He who says A must say B.”
Another factor is the expense of discovering and developing new medications and treatments. This is a very lengthy and costly process driven partly by government regulation and oversight (which does help to protect us). It is also driven by the fact that the easy drugs and treatments have already been discovered. The new ones are more complex and much more costly to bring to market.
Finally, is the cost of liability protection built into every level of the healthcare system. This includes doctors’ malpractice insurance and product liability protection for pharmaceutical companies, medical equipment manufacturers and hospitals. These costs are driven to astronomical levels by trial lawyers and the tort system. Fair compensation for bona fide errors is one thing; headline grabbing settlements are quite another.
So while we evaluate better ways of paying the healthcare bill, let’s not lose sight of the factors driving the rising cost. Labor unions, government regulation of research and development of new drugs and treatments and liability tort reform must be part of the equation or we are simply putting a bandaid on a gapping wound.
Historic Election
Monday, October 13, 2008
The Silent Scream for Justice
Wednesday, October 08, 2008
Klaatu Barata Nikto
Sunday, October 05, 2008
Sign of the Times
Saturday, October 04, 2008
Wake Up! The Empty Suits are Coming!
Friday, October 03, 2008
Is Anybody There, Does Anybody Care, Does Anybody See What I See?
At one o’clock in the afternoon, Mountain Daylight Time;
With the flourish of his pen President Bush dissolved the political bands which have connected this federal government to the Constitution which formed it. What was for over two centuries is no more. The United States of America no longer exists in the form into which we born. Our elected servants have jettisoned our Constitutionally based representative Republic and what will replace it is anyone’s guess. All that can be said is that our freedoms, liberties and Constitutional protections have vanished before our very eyes today. The constraints placed upon the federal government by Article 1, Section 8 of the now defunct U.S. Constitution have been nullified and tossed out with the rest of the document. Truly we are now sailing dangerous stormy seas with no rudder. We don’t even have a skiff made of paper.
Who will constitute the new government to replace the one which just passed away? When will it be created? What form of government will it be? Our best guess based upon the private market take-over bill that was enacted today is that it will be a socialist collective state. No doubt people of a liberal redistributionist mindset will seek to form and control the new government. Beyond that we cannot speculate at this time. The coup d’etat is still too fresh in our minds.
One must surmise that all of the laws and institutions of the old government are now null and void. The federal court system, Social Security, federal income taxation and the Internal Revenue Service no longer actually exist. Who now commands our military assets and personnel? These are sobering questions which must be quickly and thoughtfully resolved so as to attempt to maintain peace and order among the people.
The next few months and years will be a time of uncertainty and ideological struggle among the differing factions within the populace as we attempt to find our way in the dark with no light, save the One from Heaven to guide us. Let us fervently pray for peace and wisdom to prevail during the coming conflict. As we look forward to a new government we should pause to look back and reflect upon the guidance of those who formed our first government upon this continent. While we have now tossed out their handiwork it would seem prudent to a least feign deference to their collective knowledge and wisdom to inform us. The States, which formed the first federal government now hold the highest power in the land and they must act collectively in the best interests of the People to maintain stability and lay the framework for a new federal government, if they so choose.
May God have mercy upon us all.
Tuesday, September 30, 2008
Wake Up!
Monday, September 29, 2008
Mad Hatter's Disease (Ban CFL's!)
Pass the Tea and Hold the Tax
The federal income tax code is an abomination! The amount of non-productive, non-wealth generating time and expense wasted to keep records and receipts, fill out and return forms and comply with this monster is a national disgrace! The sense of fear and intimidation that the I.R.S. instills in good American citizens is a crime. The federal tax code is nothing more than a vehicle for slimy, filthy, corrupt and crooked politicians to manipulate the economy and redistribute wealth. Mark my words, the Boston Tea Party was a result of tactics very similar to these. Please do something before the American people have to forceably overthrow a rogue federal government!
Please save us from ourselves!!!!!!!!!!!
May God have mercy upon us all.
The No-Humor Man
Tuesday, September 23, 2008
Can You Hear Me Now?
I maintain that these devices really have not delivered on their promise of simplifying our lives. Think about your P.C. There’s enough computing power in a modest priced home P.C. to easily manage a manned trip to the moon, but what has it really done for you lately? Does it free up all of those mundane, time-consuming tasks so that you have more leisure time to spend recreating with your family? Be honest. Most people spend mindless hours checking silly emails, surfing the internet for useless news or occasionally writing a paper. Not to mention the hours a week spent just to keep the darn thing running right. Quick, how many unread emails do you have in your inbox? 3421? When are you going to get around to reading all of that riveting information? Think of all of your P.C. applications. Every time you want to try to do something you have to run out and buy another application. There’s no guarantee that it’s actually going to do what you need done. It takes weeks of studying the manual (if you can find one and if it’s not full of typo’s and if it’s written by someone in the U.S.A. who actually can compose a complete sentence in English) and experimenting with all of the complex ‘shortcut keys’ and ‘keystroke combinations.’ (Shift-Alt-Z, while tapping your right foot and sticking out your tongue) Then you get to manually enter your three years worth of data because of course it doesn’t talk nice with other applications or even earlier versions of itself. Then you discover that it doesn’t really generate the report that you need. These applications are written by geeks from Mars who have never seen daylight and design them like an M.C. Escher painting, stairways going ever upward in perpetual circles but never actually going anywhere. They are mind-numbingly complex but in the final analysis don’t do much for you that you couldn’t do quicker and better with a legal pad, calculator and #2 pencil. The end result is always mediocre and lacking some important component that you really wanted included. Not to mention that they don’t talk to each other very well at all or to other computers and applications out there in the internet. Why can’t we just tell the computer in plain English what we need and have it do it? Let it go out on the internet and find some way of getting the job done without our time, input and oversight. Let us know when it’s done and give us a result in the format that we want.
While we’re at it can we please eliminate the cryptic messages and nonsensical keys on these devices? What happened to ‘On/Off?!’ Eliminating that was simply un-American. Does anybody know what that triangle with a vertical line in the middle means on my fax machine?? Who dreamed up this stuff? How about my favorite internet browser message, ‘Done, but with errors on page.’ What are the errors? Are they important? Is something important being left out? Do I need to fix it? Can I fix it? Ballpean hammer please. Why does Windows give me those error messages with numerical codes? Where is the secret decoder book? I have called Microsoft and they don’t even know what they mean. And for us baby-boomers could someone please make screen text that can be read without a giant magnifying glass?! And what’s with those microscopic keys that can only be operated by using a sewing needle to tap them? I sense a conspiracy between the manufacturers, optometrists and physical therapists. OK, take a breath.
Bottom line; we have become slaves to our technology rather than making our technology serve our needs and make our lives better. We blindly chase after the newest, smallest, fastest devices with the most functions per cubic inch. We’re so overwhelmed and frazzled with the dizzying onslaught of information that we can’t sleep at night. We take Ambien to fall asleep and Red Bull to wake up. Headache, heartburn and high blood pressure medication flies off of the shelves hand-over-fist. So ask yourself; with all of this techno-help are you making more money, enjoying more leisure time and having more fun? I didn’t think so. Here’s my parting advice, TURN IT OFF! (if you can find the right button, lol)
Fire When You See the Whites of His Eyes!
Monday, September 22, 2008
There is No There There
Friday, September 19, 2008
BOO!
Wednesday, September 10, 2008
Jonathan Freedland, The Guardian, U.K.
Yes, we Americans are about to elect John McCain & Sarah Palin.
Thank God!
Barack Hussein Obama is not running for President of the World.
Please keep your pig-headed ideas out of our election. We yankees do not want to be anything like you people in the old, decrepit world which neither produces or accomplishes anything. And then when you get in a pickle you hide and wait for us to come pull your collective chestnuts out of the fire.Your socialist/communist day has passed.
Get the hell out of our way or be rolled over!
Monday, September 08, 2008
It's 3 A.M.--Who is Your President?
Thursday, September 04, 2008
Monday, August 25, 2008
Thinking Can Be Taxing
The rub is that he really knows that I am technically correct, but that to admit so would begin unraveling a huge quilt leading to the undoing of 50 years of progressive chinks (chunks) in the Constitution. The result would be a federal government about 10% of its current size and power. The States’ power would thus grow proportionally. And it’s much easier to control one capital than it is fifty. Also, under this scenario the importance of Presidential, Congressional and Senatorial races would be greatly diminished. The importance of which party controls the federal government is likewise less critical. There would be very little mischief for them to meddle in and much less damage that they could do to our pocketbooks and our freedoms.
What we are rapidly approaching is a return to simple democratic majority rule, which is of course tyranny of the majority over the minority. Since we have strayed so far from the actual text of the Constitution it has become almost meaningless to many politicians. Why not just take out a lighter and finish the job? Without our constitutional moorings the federal government is free to do anything it pleases without repercussion. That is why it does matter so much these days which party is in power and why these national elections matter so much. Conservatives tend to meddle less than liberals in our pocketbooks and freedoms, but it would be far better to remove the ability and temptation altogether.
Let’s return to the actual Constitution as it is written. And at the same time return to the constitutionally required flat-tax rate for all citizens equally under the law; or just pass a Constitutional amendment to institute a national sales tax (not a V.A.T.).
Barack Hussein Obama/Biden
Tuesday, August 19, 2008
Boss, I Demand a Raise!
Monday, August 18, 2008
Obama Bumper Snickers
Monk for McCain
No Change, Never
OCD’s Against Obama:
Because Change is Just Too Scary
Because Change is, Well, Change
Anything but Change
Because Change is Too Unpredictable
Why Would Anyone Ever Change?
Because Change Changes Things
Change is Just Too Much to Bear
Monday, August 11, 2008
The Stated Case for the States
Friday, August 01, 2008
Krispy Kreme Krusade
Monday, July 14, 2008
Don't Shoot Until You See the Whites of Their Eyes
Wednesday, July 09, 2008
It's a Mad, Mad, Mad, Mad World
Tuesday, July 08, 2008
Double-Talk
Monday, July 07, 2008
The Right Rights
Tuesday, June 24, 2008
It's a Race Race!
Monday, June 16, 2008
The Tiger Roars!
Friday, June 13, 2008
Rein in the Robed Renegades!
"U.S. Constitution - Article 3 Section 2
Article 3 - The Judicial Branch
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
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."
Thursday, June 05, 2008
Bumper Snicker
--John Hussein McBama '08
Wednesday, June 04, 2008
Neophyte Neo-Commie
Thursday, May 22, 2008
Subsidize This!
Tuesday, May 20, 2008
Welcome DNC!
Friday, May 16, 2008
Thursday, May 15, 2008
Staying Alive
Oil, Oil Everywhere and Not a Drop to Refine
- Begin drilling in ANWR, off the East and West coasts, in the Gulf of Mexico and anywhere else around the country there is oil or oil-shale.
- Start building refineries.
- Begin extracting payments from Afghanistan, Iraq and Kuwait in oil for the cost of us pulling their chestnuts out of the fire.
- Demand that Mexico send us one barrel of oil every day/week/month (you pick) for every illegal Mexican alien in the United States (about 20 million). This will help defray the costs foisted on the American people to take care of these illegals. If Mexico refuses send in the 82nd Airborne and take it.
Monday, May 12, 2008
Think About It
- Why is there so much misery and poverty in fertile, resource-laden countries around the world?
- Bad Government Ideas
- Bad Economic Ideas
- Bad Religious Ideas
- The only reason that one person or people-group can be angry with another person or people-group is if they will do not what you want them to do, won't stop doing something you want them to stop doing, won't think/believe what you want them to think/believe or won't stop thinking/believing something you want them to stop thinking/believing.
Monday, May 05, 2008
Playing Chicken With Oil
Tuesday, April 08, 2008
Separation of School & State --Selwyn Duke
Tuesday, April 01, 2008
Prescription for Disaster
Monday, March 31, 2008
S.O.S. from the U.S. Constitution!
Wednesday, March 19, 2008
P.T. Barnum Call Your Office
Friday, March 14, 2008
Schoolyard Bullies
Tuesday, March 11, 2008
Like a Dimestore Lawyer
Dedicated to personal injury lawyers, trial lawyers and class action lawyers...
I've been walkin' these halls so long
Singin' the same old song
I know every crack in these dirty hallways and courtrooms
Where hustle's the name of the game
And nice guys get washed away like the snow and the rain
There's been a load of compromisin'
On the road to my horizon
But I'm gonna be where the lights are shinin' on me
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
Like a dimestore lawyer
Getting checks and letters from people I don't even know
Settlement offers comin' over the phone
Well, I really don't mind the strain
And a frown can fake all the pain
But you're down when you're tryin' the claim that's takin' the long way
And I dream of the things I'll do
With a subpoena and a cervical collar tucked inside my shoe
There'll be a load of compromisin'
On the road to my horizon
But I'm gonna be where the lights are shinin' on me
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
Dimestore lawyer
Gettin' checks and letters from people I don't even know
Settlement offers comin' over the phone
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
(FADE)
Like a dimestore lawyer
Gettin' checks and letters from people I don't even know
Wednesday, March 05, 2008
Doing the Luddite Lindy
Saturday, March 01, 2008
The Meaning of Life
Friday, February 29, 2008
William F. Buckley, Jr. RIP
Wednesday, February 20, 2008
It's None of Your Business!
- Provide jobs and benefits for people
- Make the best product possible
- Generate a profit for the owners
- Collect taxes for the government
- Boost the country's economy
- Provide products/services for customers
What is the one best answer?
Comrade Chairperson Hillary's Healthcare Highwaymen
Shuffling noises inside, door opens.
Mr. Workerbee, “Hi, can I help you?”
Agent #1, “Good morning and greetings from your federal government wealthy contributor.”
Mr. W., “Well, I don’t know about the wealthy part. I work for Home Depot, my wife is a school teacher and we have four children. And why are you wearing sidearms?”
Agent #2, “Pay no attention to the guns, they are for your protection citizen. Now trust me, you are wealthy. We are here to collect your contribution for your neighbor’s hip replacement. Mrs. Hap E. Retiree down the street is tired of maneuvering her government-supplied Hoveround power chair around the Cripple Creek casinos and would like a new hip. Could you please get your checkbook.”
Mr. W., “Wait a minute. Why should I pay for her hip replacement? I have four hungry kids to feed. If I contribute to her surgery that’s less milk that I can buy for my family.”
Agent #1, “No problem. When we talk to her we will collect voluntary federal milk program contribution. But I am troubled by your lack of compassion for fellow American.”
Mr. W., “Why can’t she buy private health insurance to cover these things? People who want to participate pay premiums and in return they get benefits. If you don’t want to pay you don’t have to, and you don’t get the benefits either. You take care of your own health needs. It’s a voluntary choice.”
Agent #2, “Sir, you try our patience. If Mrs. Retiree had to pay premiums herself she would have less money to double-down on split 10’s. You have no respect for our venerable senior citizens.”
Mr. W., “Where does the constitutional authority for this program come from?”
Agent #1, “Um, er it comes from the, um new healthcare amendment.”
Mr. W., “I don’t recall hearing of any such amendment.”
Agent #2, “It’s the Smith & Wesson Amendment. You ask too many questions. Now write the check or we go talk to your employer.”
Sounds of hurried scribbling of pen on paper with sound of cold steel locking and loading in background.
Agent #1, (smiling broadly) “Your government and neighbor thank you for your compassionate voluntary contribution. Now please get to work. I will be needing colonoscopy soon.”
Door slams.
Wednesday, February 13, 2008
Government, Mend Thyself?
Undoubtedly the sad state of education over the last 50 years, whether accidental or intentional has led to a pervasive misunderstanding of our nation’s history and governmental structure. While the progression of our founding started with settlements which became colonies which became states which begat the federal government, many people don’t really understand this. I think that there is a belief amongst too many that the states are merely subunits and extensions of the federal government. Nothing could be further from the truth. The states created the federal government to serve them. In fact, the states had to have individual state constitutions before they could draft a federal constitution. The federal government is actually subservient to the states. Well, at least it was originally intended to be that way. That is why U.S. Senators were originally elected by the states, not the people. The President is actually the President of the United States of America, not the people directly. This explains the existence of the Electoral College. The people elect their respective states’ slate of Presidential Electors who meet and select the President. They usually vote the wishes of the people of their state, but are not bound to and on occasion have not. The President, and originally the Senate represented the states, not the people of the country at-large. Truth be told, the election of the President should be a relatively minor event. Given the President’s relatively minor role in the day-to-day running of the federal government, the things that really impact the average citizen’s life on a daily basis; I am amazed at how much time, money and attention is focused on that one election. It’s the state elections that should really be the battleground since the states wield most of the power in the country. After state elections the election of federal Representatives should occupy more of the people’s interest. After all, the House of Representatives was designed to be the People’s House. That is why tax and spending bills must originate there. It is the people’s balance to the states’ representation.
A strict reading of the Constitution and Bill of Rights is a sobering and eye-opening experience. You can’t read those documents and fail to come to the conclusion that probably 80% or more of the meddling of the federal government is simply unauthorized and furthermore expressly prohibited. The Ninth and Tenth Amendments are the most ignored tenets of the lot, while the Fourteenth is one of the most misinterpreted and misapplied. The Founding Fathers had a strong fear of powerful centralized government, a la King George (no, not Washington). Thus, these amendments stipulate that powers not specifically granted to the federal government are reserved to the states and the people. Today it seems that the federal government has the position that it holds all power and grants some limited power at times to the states, and none to the people. And the band played The World Turned Upside Down. For example, look at the metastatic bastardization of the infamous Interstate Commerce Clause. This innocuous little passage has been twisted so as to give cover to the Feds to regulate virtually anything and everything on a whim. The Founders realized that every future situation could not be addressed at the time of the writing of the Constitution so methods of amending it were written into the document. That process has been utilized 26 times since ratification. Sadly, the various branches of the federal government have taken it upon themselves to simply ignore these established legal procedures and in effect ‘amend’ the Constitution anytime following its edicts becomes obstructive to their agendas. The recent Kelo Supreme Court decision granting eminent domain authority for private rather than public use is perhaps the most egregious example of adverse illegal ‘constitutional amendment’ in memory. The protection of private property was a central motivation for the establishment of our nation and the Constitution. I sincerely believe that the five justices who voted in favor of Kelo committed an impeachable offense and rightly should have been impeached and removed from the bench.
So what are we suffering masses to do? Well, I see several possible responses.
The simplest and by default the current state of affairs is to do nothing and tolerate whatever abuse we are handed. This is the response of ignorance and apathy. By taking this course of inaction we will have effectively repealed our Constitution and become a nation ruled by the whim of the government. All of our rights and protections will be null and void for all practical purposes. The federal government will be free to take whatever it wants at any time and to regulate any and every aspect of our lives. This would usher in creeping socialization of many aspects of our lives and ever-increasing taxes and regulations. Productivity will invariably falter and businesses will begin to move off-shore and overseas, with resultant loss of jobs and shrinking tax base. As more and more illegal aliens pour across our non-existent borders, the strain on social services and the shrinking tax base will be disastrous for the economy. The preeminence of the United States on the world stage will decline to no more than the level of the decrepit European socialist states, producing little and providing no incentive to its citizens to achieve more than long vacations and short work weeks.
Another solution that is widely discussed by those actually concerned about our current course is that of trying to recruit and elect better politicians to national office. On the surface it sounds promising but history does not bode well for this fix. We have been doing just this for over 200 years and I believe that the situation is growing worse at an ever-accelerating pace. Even if we can somehow get ‘better’ people to Washington, most of them are devoured by the inside-the-beltway culture and overrun by the perpetual bureaucracy within a short time. This is one argument against term limits. That process does not address the underlying problem of bureaucratic indoctrination. While bad politicians may be thrown out, good ones are given the boot as well. Then, nothing protects newly elected replacements from being quickly corrupted. On first blush I believe that the idea of somehow getter ‘better’ people to Washington is, by itself a very dubious proposition. Keeping them ‘better’ for any period of time in that D.C. cesspool is virtually impossible. The dirty little secret is that so much of our federal government has become entrenched as self-fulfilling bureaucratic behemoths. These agencies and programs have lives of their own that exist for decades as administrations, political parties and legislators come and go. They are not affected by the prevailing political tilt of the day. They are not changed by the politicians, but rather they shape and mold the politicians to suit their ongoing needs. The bureaucrats that run these agencies and programs control huge budgets and will be in their positions long after the President and Congress change hands. They wield great influence over the legislators. By convincing the legislators to perpetuate the bureaucratic status quo, theses bureaucrats provide the illusion of great power and influence via the power of the purse to the egotistical legislators. Furthermore, legislators themselves soon become focused on their own political survival and obtaining territorial power rather than doing what is right for the country and the people that they ostensibly represent. They are unlikely to pass reform that refocuses the federal government on its rather limited constitutional responsibility and turn power (and money) back to the states and the people. Human nature being what it is they are much more inclined to seek to broaden their power and influence, not limit it. Why would they voluntarily relegate themselves to the political sideline and give the States the limelight?
So what legal recourse do ‘We the People’ have over the various branches of the federal government to hold them accountable to the Constitution? They have demonstrated repeatedly that the concept of the balance of power between the three branches has broken down. It has become an unholy triumvirate. Each enables the others so that they will in turn be enabled. With a wink and a nod they turn a blind eye to the abuses of one branch, knowing full well that branch will do the same for them. In this way, each is assured of being able to ram through its unconstitutional agenda unencumbered by any fear of checks and balances. When the police will not police the police, what are we to do? If we sue one of the branches of government for its perceived illegal activity, the case will ultimately wind up before the U.S. Supreme Court, one of the parties to the scam. How can we get justice? The fix is in. What are the penalties for a branch of the federal government violating the Constitution? It is the supreme law of the land, right? Can and would the states step up to the plate and take action? But what action? Some have put forth the idea that county sheriffs evict federal agencies from offices and buildings within their respective counties. We could defund the federal government by withholding federal income tax payments. This would be a gargantuan undertaking given that approximately 95% of income taxes are withheld from paychecks. The cooperation of businesses big and small across the country would be required and probably very difficult to secure. How about a Constitutional Convention to draft amendments to provide enforcement power and real legal sanctions against unconstitutional activity by any of the three federal branches? Do the States have the chutzpah to pull that off?
Could an armed rebellion against the federal government ever occur again here? Texas retains the right to actually legally secede from the United States and factions there have discussed that possibility. How seriously and widespread is anyone’s guess. For historical reference the opening passages of the Declaration of Independence lay out the reasons for the Colonies forceful separation from Great Britain. Similar justifications would certainly be required to convince the world and our citizens of the necessity for such drastic action, following long suffering and other peaceful attempts to redress grievances. While I am not advocating a violent overthrow of our federal government, history teaches that this is a common end to governments gone awry, even to this day. What this nation would look like after such a conflagration and depending upon what faction prevails would be anybody’s guess. The outcome would probably have a lot to do with which side the military allies, which is why many of these coup d’etats are led by generals and result in military dictatorial governments. The interesting twist in this instance is that no new Constitution would need to be drafted. The current constitution would simply be enforced and the government reconstituted according to its specific dictates. In essence, a return to normalcy. A return to the federal government that we used to have and should have. Simply put a civil war to ‘throw the bums out.’ Hopefully, we would get getter bums. We might need a few correctly enacted Constitutional Amendments to avert future similar diversions. One I can think of is William F. Buckley, Jr’s., ‘there are no penumbras or emanations.’
“Is anybody there? Does anybody care? Does anybody see what I see?”
Tuesday, February 12, 2008
Dear, I Think We're Lost...
Senator Salazar, Esq. to the Rescue!?
Greetings Senator (Ken) Salazar, D-Colorado;
Thank you for responding to my question about federal healthcare programs. Out of all of the people I contacted you are the only one to take time to write back. My question went to the root of the constitutional authority for the federal government to implement, run or oversee such programs, whether ‘mandatory’ (such as Medicare) or voluntary. From your letter it seems that you look to the Preamble to empower the federal government in these programs.
“Congress has the right to provide for the general welfare of the people whom they serve and it is clear that the general welfare of children lacking health care coverage is significantly and negatively affected.” -Senator Ken Salazar, January 17, 2008
Is that what they teach in law school classes on constitutional law in Michigan? That the Preamble empowers Congress? Under that theory there would need be no additional substance to the Constitution. The Preamble would empower Congress to do anything it wants relative to the ‘general welfare.’ How convenient. But there is much more to the Constitution than the Preamble. Why so? Perhaps because most (nay, all) constitutional scholars maintain that the Preamble is merely a statement of purpose, an explanation of why the constitution is being offered. It is a prelude to the actual empowering language that is to follow. It authorizes and empowers not a wit. Congress’ powers reside and are limited to Article 2, Section 8.
Pre-am-ble: noun: an introductory statement (as to a contract); especially: the introductory part of a constitution or statute that usually states the reasons for and intent of the law. Note: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes. –Merriam-Webster’s Dictionary of Law
So, upon perusal of Article 2, Section 8 I am still at a loss to find any empowering language for federal healthcare programs. Can you possibly further instruct?
Don't Argue with One Who Commands Lightening
Kooks Unite!
Friday, February 08, 2008
Tradition!
Thursday, February 07, 2008
National Conservative Party
Who's Your Daddy?
Wednesday, February 06, 2008
McCain=McNasty=Perot=NUTS!
Thursday, January 31, 2008
Cheshire Cat
Wednesday, January 30, 2008
Sit Down John!
Sit down John,
For God's sake John, sit down!
John you're a bore,
We've heard this before;
Now for God's sake John,
Sit Down!
(1776)
Bite of the Night
Tuesday, January 29, 2008
The Goose that Laid the Golden Egg
The solution is two-pronged. First, why should governments be in the business of giving tax dollar subsidies to such private organizations? These governments lament that they are chronically short of funds and many run regular deficits. Why not cut out these gifts? Secondly, I believe that private organizations should seriously consider refusing any government handouts. They should live within the means provided privately by citizens who truly support their causes, not those coerced into 'donating' their tax dollars by the government. Furthermore, why should non-profit organizations operate in a tax-free status with regard to say property and sales taxes? Again, along with such gifts can come undesirable constraints imposed by those bestowing the gifts. If we did away with the tax breaks and government subsidies perhaps taxes could be lowered for all thus giving people more money in their wallets to then donate to the charities that they personally support. It would also be a much simpler and more direct system, providing more net funds to the receiving organizations. When government collects taxes and then doles out gifts there is a steep administrative cost that reduces the amount that is ultimately handed out. Cut out the middleman!
The principle at issue here is a launching pad for a much broader discussion of how and why governments treat people and organizations differently. In a nation founded on the idea that all men are created equal, we have certainly come to a place where some men are treated more equally than others. We have government dictated hiring practices that require special consideration be given to certain sexes and ethnic groups. People with different income levels are taxed at different rates. Some businesses and industries are given government subsidies, tax breaks and protection from imports. People who commit 'hate crimes' are treated more harshly than people who merely commit what I suppose are 'love crimes.' And the list goes on. Doesn't the Fourteenth Amendment guarantee all U.S. citizens the equal protection of the laws? Apparently not.
Friday, January 25, 2008
It's mine, no it's mine. No, Mine. MINE!
The people can amend the Constitution; not the President, not the Supreme Court (though heaven knows they in essence have), not the Congress alone. The people created the federal governement and set the constraints, the boundaries within which it must operate and not stray beyond. The people hold all of the power and granted the federal government a small, limited slice of that power for the collective good of all people. They then set a fence around the federal government. Power does not flow from Washington to the people, but rather from the people to Washington.
The rights of the people set out and protected in the Constitution came from God and the natural state of human freedom, not from the federal government. It is not the role of government to confer rights upon people but rather to protect the rights that the people already enjoy. It is the people who tell the federal government what rights it has, not the reverse. And the people can change those rights bestowed upon the government, but the government cannot alter the inalienable rights of the people.
It is not the role of the federal government to interpret the meaning of the Constitution to the people. The people, who wrote the Constitution can interpret it for themselves and to the government. No government entity, particularly the Supreme Court is the final arbiter of what the Constitution says and means.
The challenge for the people is enforcing the Constitution upon the federal government. The various branches and institutions have shown that they clearly have no compunction about flagrantly violating the letter and intent of it. Sadly though, while brazenly ignoring and violating the fundamental and supreme law of the land the very same government expects the people to obey every obscure and obtuse rule and regulation that it promulgates. And beyond the lengthy and difficult amendment process, the people have precious little power to force the government into compliance. After all, the government is the police power, not to mention the tax and spend power. If we try to sue the government we wind up in courts and before judges that are essentially representatives of the people that we are bringing suit against. They are all complicit and in league together, thus enabling and providing cover for the other branches of government. Where is justice?
The people need a sheriff.
Thursday, January 17, 2008
Sanity is not Statistical
--Anatole France
Frosty the Snowman
Monday, January 14, 2008
Last Person to Leave Please Turn Out the Lights
Wednesday, January 02, 2008
Constitutional Amendments
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
Let's see, can the President amend the Constitution by Executive Order? No.
Can the Congress amend the Constitution by simple legislation? No.
Can the U.S. Supreme Court amend the Constitution? No.
Then who can amend the Constitution? Well what do you know, it's the States. I wonder why that might be...
Friday, December 28, 2007
Department of Education Responds
From: "Freid, Steve"
To: Subject: Response to Inquiry
Date: Tue, 18 Dec 2007 14:42:15 -0500
Dear Sir:
This is in response to your recent electronic message to the Secretary of Education. In your message, you write that "there is no authorizing language in the Constitution for a federal Department of Education, and thus [the Department] is truly illegal" and should be abolished. You further state that "[e]ducation is truly a local function." Thank you for writing to us.
This Department's web site at http://www.ed.gov/about/overview/fed/role.html contains an overview of the Federal role in education, which recognizes that "[e]ducation is primarily a State and local responsibility in the United States" and that "[i]t is States and communities, as well as public and private organizations of all kinds, that establish and schools and colleges, develop curricula, and determine requirements for enrollment and graduation." Because education is primarily the responsibility of State and local governments, the law establishing the Department of Education generally prohibits the Department from interpreting the laws it administers in a manner that would result in exercising "any direction, supervision, or control" over matters such as curriculum and the program of instruction in public elementary and secondary schools. 20 U.S.C. 3403(b).
The Department's web site also notes that the Department's current mission is to "promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access." The Department carries out this mission in two major ways--by playing "a leadership role in the ongoing national dialogue over how to improve the results of our education system for all students" and by administering Federal education programs. As you suggest in your message, there is no one provision in the Constitution that specifically authorizes the establishment of the Department of Education (or any other Federal Department for that matter). However, the Constitution does give Congress the power to lay and collect taxes and provide for the "general Welfare of the United States" (Article 1, Section 8, Clause 1) and "to make all Laws which shall be necessary and proper for carrying into Execution" the other powers enumerated in the Constitution (Article 1, Section 8, Clause 18). These provisions of the Constitution are consistent with the creation and role of the Department. I hope that this information is responsive to your concerns. Sincerely, Stephen H. Freid Assistant General Counsel Division of Elementary, Secondary and Adult Education Office of the General Counsel U.S. Department of Education
Greetings Mr. Freid,
Your explanation in the last paragraph of your note is clever but unconvincing. By your logic there is virtually nothing that the federal government cannot engage in. This is in direct conflict with the intent and words of the Founders in the Constitution. If a duty is not specifically authorized in the Constitution then the federal government is prohibited from engaging in that duty short of an actual amendment. That duty is then reserved to the States. Unfortunately the incorrect and expansive power that you cite has been growing exponentially over the last many decades and has led to a huge, bloated and dangerous federal behemoth. If the people cannot enforce the Constitution upon the federal government we are indeed doomed. The authorized powers of the federal government are specific and yes, quite limited. The true power resides with the States, which created the federal government in the first place. Our current federal government rules by fiat and fear, and is quite illegal and unconstitutional in most actions.
God save the people.
Warmest regards,
December 28, 2007
