In a Washington Post article on Jan. 26, 2011 titled "GOP invokes 1700s doctrine in health care fight," some legal analysts/scholars have either missed the point or need to go back to school and learn about the founding again.
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/26/AR2011012604912.html
The first area I have a problem with is as follows:
"The efforts are completely unconstitutional in the eyes of most legal scholars because the U.S. Constitution deems federal laws 'the supreme law of the land.' The Idaho attorney general has weighed in as well, branding nullification unconstitutional."
The problem with deeming the Constitution the "supreme law of the land" would suggest that the United States Constitution was binding on the federal and state governments which is false in the respect that most people think today otherwise, why would the individual states have their own state constitutions. The U.S. Constitution is binding only on the federal government inasmuch as it tells the federal government what specific powers they have been granted by the states. The only part of the U.S. Constitution that restricts the individual states is Article I section 10, which lays out areas that the states are forbidden to take part in. A couple of areas that the individual states are restricted according to the Constitution is in making treaties or coining money.
So as you see, the Constitution cannot be the supreme law of the land in the way that most people think because we would no longer have a federal government, we would have a national one where the central government would dictate to the states in all facets of life. Although we are living in a situation like this for the most parts, you have to remember that the states created the federal government, no the other way around.
"'There is no right to pick and choose which federal laws a state will follow,' wrote Assistant Chief Deputy Attorney General Brian Kane."
This statement is an example of one individual who needs to learn about the founding and the roles the individual states had in forming the federal government. Again, first came the states; then came the federal government. The problem we have today, is that the states have allowed the federal government to enact laws which were blatantly unconstitutional, and because they were popular, the states kept their mouths shut and let the federal government take power that they had no right to take without an amendment. Of course, the Supreme Court didn't help in all this. The Supreme Court is not made of perfect people, justices come to the court and "interpret" the Constitution and justify their rulings by twisting and turning words and phrases so they say what they want them to say. If they can't do that, they cite some document or letter that someone important wrote and say, "See, this is why Congress can do that." even when it isn't in the Constitution anywhere.
"'A lot people say, if the Supreme Court decides that it is constitutional, you have to live with it. My feeling is, the people should have the final say,' [Republican Sen. Scott] Beason [of Alabama] told The Associated Press on Tuesday. 'Frankly, the only recourse people have is for the states to try to flex some sovereignty muscle.'"
The only problem I have with this statement is in the last part of the first half of the quote where Mr. Beason used the term "the people" in saying who was the final arbiter in determining which laws are constitutional. I would replace "the people" with the states after all, it is the states that created the federal government, not the people. The preamble of the Constitution is misleading when it starts out "We the people" instead of "We the States." If it were truly "We the people" why didn't everybody have a say so in what the Constitution said and if it were to be ratified?
"'He[Thomas Jefferson] was at the Constitutional Convention,' [Idaho Republican Sen. Monty] Pearce said. 'He understood how this whole thing was going to be set up.'
"Actually, Jefferson was far away, in France, as the framers met in 1787 in Philadelphia to replace the Articles of Confederation."
While Jefferson wasn't physically at the Federal Convention of 1787, he was aware of what was happening before it started and when it concluded. Jefferson wrote a letter against ratifying the Constitution and that letter was used to urge against ratifying in the Virginia ratification debates. But this is just a side note.
"And his beliefs on nullification were nothing more than his opinions - there's no such mention in the Constitution, said David Gray Adler, a constitutional scholar who directs the University of Idaho's McClure Center for Public Policy Research."
Amazing that Mr. Adler would take this position when it is the left who twisted Jefferson's words to justify why school prayer was unconstitutional as well as every other "religious" prohibition in public. You can't have it both ways. Either Jefferson knows a little something about the Constitution or he doesn't. By the way, to all you people who say that an individual state can't have a state religion because of the first amendment, why did Connecticut have a state religion into the early 1800s? The answer is because the Constitution, which includes the amendments, dealt with the federal government not the state governments.
"'There's nothing in the Constitution to suggest that the states are superior to the federal government,' Adler said. 'We have a long string of Supreme Court decisions that reject their theory.'"
There is nothing in the Constitution that suggests that the states are inferior to the federal government either and since the Constitution is binding on the federal government, this means that any power not granted to the federal government or prohibited to the states are retained by the states. This may seem familiar because it is, essentially, the tenth amendment. Since nullification, or secession, isn't specifically discussed, one way or the other, in the Constitution, those options are still valid.
The rest of the article claims that nullification hasn't worked in the past. The first example used was the 1832 tariff hikes that had South Carolina threatening secession. What happened? The tariff rates were reduced. Another pre-Civil War example was the Fugitive Slave Law of 1850 and Wisconsin's nullification of it. This is completely false as Wisconsin refused to abide by the law and even went as far as freeing a man that was in the custody of the federal government. If that is an example of nullification not working, I hope that all acts of nullification were as unsuccessful as that.
The other example was the school desegregation in the 1950s in Arkansas where the federal government sent in the army to force the desegregation of Arkansas schools.
While I don't agree with the ideas of segregation, the federal government has no say in the affairs of the states. But this shows how things got turned around as a result of the Civil War, or as I like to call it, the War of Northern Aggression. As a result of Lincoln's invasion of the south, the federal government started to think that its powers were limitless and could impose its will on the states but an in depth discussion of Lincoln's War is best saved for a later date. Just remember, nullification and secession are both valid and legal options no matter what "legal scholars" may say.
Thursday, January 27, 2011
Tuesday, January 18, 2011
Decepti-Cons and RINOs
Apparently the RINOs and Decipti-Cons are unable to take the job of cutting the budget seriously because as terrible as I thought the Republican's "Pledge to America" was when it proclaimed to cut the budget back to 2008 levels; the latest news from the Republican leadership makes it worse. You may be wondering how it can get any worse since that small of a cut is a drop in the bucket but trust me it is worse than expected. Those who were the cheerleaders of the Republican party and assured us that the Republicans had learned from their mistakes share part of the blame. The plan to cut the budget back to 2008 levels as laid out in the "Pledge to America" seems to have a few hidden disclaimers in it. Those disclaimers are as follows:
1) Budget cuts don't include cuts to Social Security, Medicare, Medicaid, "security" funding, or non-discretionary funding.
2) Budget cuts will be phased in and will be fully in place in 2015.
3) These budget cuts are subject to change without prior notice or warning or if we don't have the stones to go through with it or if we lose power or if we have a Decepti-Con in the White House that will rubber stamp anything we want or if the next Decepti-Con president can think of some way to put us deeper in debt.
Alright, now that those disclaimers are out take another look at the first disclaimer. Notice that the cuts won't apply to Social Security so that black hole will continue to be insolvent. Medicare see the previous sentence. Medicaid, we can't expect the individual States to take care of their own poor so we'll do it for them for a small fee.
As offensive as those three are, the fourth area that is off limits is "security" funding. What, pray-tell, could that cover? Of course that will include most of the budget from defense to TSA. I know that defense spending is supposed to be the sacred cow of the Republicans but we can cut defense spending without risking our safety and security. Why do we "need" a sizable defense budget? If you ask any of the RINOs and Decepti-Cons, when we're completely out of Iraq; except for the bases that we will hold "just in case" and the permanent security force left on the ground; and once we are almost through with Afghanistan, we will bomb Iran into the stone age and set up a government that we approve of in our quest to bring democracy to every Tom, Dick, and Harry in the world. In addition to defense, security funding will include the Department of Homeland (in)Security, ICE, Border Patrol, TSA, FBI, and any other agency that may remotely be tied to "security."
Now the second disclaimer is so blatantly offensive that it doesn't need to be expounded upon further.
The last disclaimer isn't one that will actually be said but anyone who has been following politics for more than a couple years and who is honest know that the Republican leadership has the back bone of a jellyfish and doesn't have the guts to withstand the pressures of the "mainstream" media. For some reason; probably because they don't really believe in a limited government; anytime the Republicans are criticized for wanting to cut spending, they are unable to make a principled and coherent argument as to why they are cutting spending or why they want to reduce taxes or any other idea that may get us ever closer to obeying the Constitution.
When will the Decepti-Cons take their oath seriously and err on the side of liberty? When will the establishment Republicans see the error of their ways in fighting never-ending wars and imposing our will around the globe? When will the Republicans do what is necessary and defund 90%+ of federal agencies and departments, most of which are unconstitutional regardless of what the Supreme Court has ruled? When will Republicans yell, "Stop!" at this runaway freight train that is the federal government?
It would be nice if this were to happen, but truth be told, the establishment Republicans, RINOs, and Decepti-Cons don't really want a limited government, they want to be in charge of the government and will only pay lip service to limited government only inasmuch as it keeps them in power. When they see it as a liability, they will scuttle those views in favor of a large, overbearing government.
1) Budget cuts don't include cuts to Social Security, Medicare, Medicaid, "security" funding, or non-discretionary funding.
2) Budget cuts will be phased in and will be fully in place in 2015.
3) These budget cuts are subject to change without prior notice or warning or if we don't have the stones to go through with it or if we lose power or if we have a Decepti-Con in the White House that will rubber stamp anything we want or if the next Decepti-Con president can think of some way to put us deeper in debt.
Alright, now that those disclaimers are out take another look at the first disclaimer. Notice that the cuts won't apply to Social Security so that black hole will continue to be insolvent. Medicare see the previous sentence. Medicaid, we can't expect the individual States to take care of their own poor so we'll do it for them for a small fee.
As offensive as those three are, the fourth area that is off limits is "security" funding. What, pray-tell, could that cover? Of course that will include most of the budget from defense to TSA. I know that defense spending is supposed to be the sacred cow of the Republicans but we can cut defense spending without risking our safety and security. Why do we "need" a sizable defense budget? If you ask any of the RINOs and Decepti-Cons, when we're completely out of Iraq; except for the bases that we will hold "just in case" and the permanent security force left on the ground; and once we are almost through with Afghanistan, we will bomb Iran into the stone age and set up a government that we approve of in our quest to bring democracy to every Tom, Dick, and Harry in the world. In addition to defense, security funding will include the Department of Homeland (in)Security, ICE, Border Patrol, TSA, FBI, and any other agency that may remotely be tied to "security."
Now the second disclaimer is so blatantly offensive that it doesn't need to be expounded upon further.
The last disclaimer isn't one that will actually be said but anyone who has been following politics for more than a couple years and who is honest know that the Republican leadership has the back bone of a jellyfish and doesn't have the guts to withstand the pressures of the "mainstream" media. For some reason; probably because they don't really believe in a limited government; anytime the Republicans are criticized for wanting to cut spending, they are unable to make a principled and coherent argument as to why they are cutting spending or why they want to reduce taxes or any other idea that may get us ever closer to obeying the Constitution.
When will the Decepti-Cons take their oath seriously and err on the side of liberty? When will the establishment Republicans see the error of their ways in fighting never-ending wars and imposing our will around the globe? When will the Republicans do what is necessary and defund 90%+ of federal agencies and departments, most of which are unconstitutional regardless of what the Supreme Court has ruled? When will Republicans yell, "Stop!" at this runaway freight train that is the federal government?
It would be nice if this were to happen, but truth be told, the establishment Republicans, RINOs, and Decepti-Cons don't really want a limited government, they want to be in charge of the government and will only pay lip service to limited government only inasmuch as it keeps them in power. When they see it as a liability, they will scuttle those views in favor of a large, overbearing government.
Thursday, January 6, 2011
The Constitution is Read in the House
In one of the most meaningless, feel-good measures ever, those who have betrayed our trust and violated their oath, read the Constitution from beginning to end on the floor of the House this morning to kick off the 112th Congress.
You may ask, "What's wrong with reading the Constitution? Shouldn't our elected officials be reminded of what the document says?" The problem with reading the Constitution is most of the Congressmen, this isn't their first term in office. They should already know what the document says. Also, even though they should know the entire document, they should try to abide by Article I which deals with Congress (both House and Senate) and not pay lip service to it. In another worthless gesture, Speaker Boehner put in place some rules concerning the filing of bills. Each bill must include where in the Constitution they get the authority for the bill. Why am I skeptical? Whether it is a bill offered by a Democrat or Republican, they will cite one of three clauses; a) Commerce clause b) Welfare clause or c) Necessary and Proper clause. They will use the Commerce clause the most because they have been able to justify to the Supreme Court in any abstract way that almost all laws impact interstate commerce. The only ruling in recent years that I can think of was the domestic violence law that was passed in the '90s. Shockingly, the Supreme Court did actually strike that law down and said that it did not fall under the stated reasoning that was given why it fell under the Commerce clause.
Ever wonder why the federal government is involved in education? The abstract reasoning is that educated children will be able to get a job and will then be able to participate in interstate commerce. This is also why the federal ban on firearms in schools was passed. Congress claimed that if children worried about someone bringing a firearm (or any weapon) to school, they would have a harder time learning and would therefore not get as good of a job and would be less likely to participate fully in interstate commerce. In Dr. Kevin Gutzman's book "Politically Incorrect Guide to the Constitution" there are many examples of abuses that have been perpetrated on the document by the tyrants in D.C. Another great book is one that Dr. Gutzman co-authored with Dr. Thomas Woods called "Who Killed the Constitution." I have read both books as well as a number of other books on the founding and the founders. If you don't have time to do a lot of reading, Mike Church has made a few documentaries on the Declaration of Independence, the time between the Declaration and the Constitution, and the writing and ratifying of the Constitution. All three are audio documentaries and the last one also comes as a DVD.
If we could get Congress to do more than pay lip service to the Constitution, we would be on the road to restoring our liberties.
Thomas Paine said in "Common Sense" in 1776, "Society in every state is a blessing, but government even in its best state, is but a necessary evil; in its worst state an intolerable one;..."
You be the judge as to what point we are at in regards to government and evil. Are we closer to the necessary evil or the intolerable evil? The answer to that question depends on whether you are comfortable with a larger or smaller government. My answer to my own question may be obvious to those who know me but for those who don't know me very well, I am of the opinion that we are dangerously close to government being an intolerable evil. In some respects, the federal government has passed the point of being an intolerable evil and some of the State governments are toeing the line of being an intolerable evil too. Until more people start to view the government as oppressive, people like me will have to do all we can to educate those around us to come to our side.
You may ask, "What's wrong with reading the Constitution? Shouldn't our elected officials be reminded of what the document says?" The problem with reading the Constitution is most of the Congressmen, this isn't their first term in office. They should already know what the document says. Also, even though they should know the entire document, they should try to abide by Article I which deals with Congress (both House and Senate) and not pay lip service to it. In another worthless gesture, Speaker Boehner put in place some rules concerning the filing of bills. Each bill must include where in the Constitution they get the authority for the bill. Why am I skeptical? Whether it is a bill offered by a Democrat or Republican, they will cite one of three clauses; a) Commerce clause b) Welfare clause or c) Necessary and Proper clause. They will use the Commerce clause the most because they have been able to justify to the Supreme Court in any abstract way that almost all laws impact interstate commerce. The only ruling in recent years that I can think of was the domestic violence law that was passed in the '90s. Shockingly, the Supreme Court did actually strike that law down and said that it did not fall under the stated reasoning that was given why it fell under the Commerce clause.
Ever wonder why the federal government is involved in education? The abstract reasoning is that educated children will be able to get a job and will then be able to participate in interstate commerce. This is also why the federal ban on firearms in schools was passed. Congress claimed that if children worried about someone bringing a firearm (or any weapon) to school, they would have a harder time learning and would therefore not get as good of a job and would be less likely to participate fully in interstate commerce. In Dr. Kevin Gutzman's book "Politically Incorrect Guide to the Constitution" there are many examples of abuses that have been perpetrated on the document by the tyrants in D.C. Another great book is one that Dr. Gutzman co-authored with Dr. Thomas Woods called "Who Killed the Constitution." I have read both books as well as a number of other books on the founding and the founders. If you don't have time to do a lot of reading, Mike Church has made a few documentaries on the Declaration of Independence, the time between the Declaration and the Constitution, and the writing and ratifying of the Constitution. All three are audio documentaries and the last one also comes as a DVD.
If we could get Congress to do more than pay lip service to the Constitution, we would be on the road to restoring our liberties.
Thomas Paine said in "Common Sense" in 1776, "Society in every state is a blessing, but government even in its best state, is but a necessary evil; in its worst state an intolerable one;..."
You be the judge as to what point we are at in regards to government and evil. Are we closer to the necessary evil or the intolerable evil? The answer to that question depends on whether you are comfortable with a larger or smaller government. My answer to my own question may be obvious to those who know me but for those who don't know me very well, I am of the opinion that we are dangerously close to government being an intolerable evil. In some respects, the federal government has passed the point of being an intolerable evil and some of the State governments are toeing the line of being an intolerable evil too. Until more people start to view the government as oppressive, people like me will have to do all we can to educate those around us to come to our side.
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