Picking up where we left off last weekend, we come to the Judical Branch. There are a lot of issues that I have with the Federal Courts. For instance, we've been told for years that the Supremes and many (not all) other Federal Judges have lifetime appointments. Wrong!
Article III, Section 1 of our Constitution states, quite plainly, that these ladies and gentlemen "...shall hold their offices during good behavior...". But, Article III does NOT tell us, exactly, who is to judge their good behavior. We'll come back to that in a bit.
Section 2 lays out the primary responsibilitities of the Federal Courts, while Section 3 discusses their role in treason cases. Now, I want you to read, very carefully, this entire Article two more times. Now, e-mail me and tell me what it says about "case law". I can't find one single thing in any part of this document that discusses, or even mentions, case law. What I have found is in Article I, Congress passes legislation and the President signs it into law. There is also nothing in this document that says the Supreme Court, or any Federal Court, has the authority to "interpret" the Constitution. Does this mean - Heaven forbid - that what the Constitution of the United States says is actually what it means? Say it ain't so, Madame Speaker!!!!
Article IV, Sections 1 and 2 do discuss a couple of little things of some import. But, in my opinion Sections 3 and 4 give us room for thought. In 1861 the United States did not recognize the Confederate States' right to secede from the Union. A massive war was fought over this issue. Now, I do not want to get into the discussion of why the Civil War was fought, slavery or states' rights. I only want to discuss the fact that the USA did not recognize the CSA as a Nation, but rather as a number of of "United" States who were in rebellion. They were still considered to be States in our Nation.
Article IV, Section 3 states "New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress." Well, if Virginia was still actually a state, did the state legislature of the Commonwealth of Virginia authorize the formation of the State of West Virginia? If not, than isn't the reality that the western counties of Virginia seceded from the Commonwealth, which is exactly what the Union and Confederacy were fighting over!! By the way, I reside in West Virginia.
Section 4 of this article tells us that the United States guarantees a Republican form of government, not a Democracy and shall protect the states against invasion and domestic violance. How about it CA, AZ, NM, and TX. The Feds are stopping the invasion of illegal aliens aren't they? No!!! Well, what about protecting you from the domestic violance being caused by drug smugglers, gun runners, and foreign criminals? Not here either, huh! Sounds like Hope and Change isn't doing to well in the Southwest. I mean Hope is alive and well along the border, but Change just isn't happening.
By the way, here's the difference between a Democracy and a Republic:
A) A Democracy is a political form of government where governing power is derived from the people, either by direct referendum (direct democracy) or by means of elected representatives of the people (representative democracy).
B) A Republic is a form of government in which the people or some portion thereof retain supreme control over the government.
Yes, if you consider the Congress and the assorted State Legislatures, County Boards, and City Councils, we are a representative democracy. But, that is not what our Constitution says. It says we are a Republic and "WE THE PEOPLE" retain supreme control over the government. When are the "sheeple" in this Nation going to recognize the fact that it isn't the President that's screwing the country, and it isn't the Congress that's screwing the country, it's "WE THE PEOPLE" who are screwing the country by not doing our job!!
Article V discusses how we can amend the Constitution. Although there are, currently, some proposed amendments out there that are just plain stupid, the people, through their Congressmen and State Legislators have amended this document 27 times since 1791, and only 17 times since 1792!
Article VI has two sections that I'd like to discuss briefly. Section 2 says "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." There are, right now, a number of lawsuits in this country, regarding bills passed by the Congress and signed into law by the President. The key to these lawsuits is to understand the the first clause. If the the bills signed into law were not made in accordance with the Constitution, than they are not laws at all! There is also a lot of worry among the pro-gun crowd about Mrs. Clinton accepting a UN Treaty concerning Gun Control. Again, if the Treaty is not made in accordance with the Constitution, it is not applicable. We may have to fight it in the courts, but we will persevere. Section 3 requires all Senators, Congressmen, Legislators, executive and judicial officers of the Federal government and the state and local governments to swear an oath to support and defend the Constitution. Where does it say that state and local government officers of the law shall only enforce those laws passed by the governmental agency that employs the law officers? ALL cops, from the Athens, WV 1 man police force to the Federal Bureau of Investigation and every one in between have sworn to uphold the Constitution and therefore to uphold every law in this nation. (Except speeding laws, State Troopers and Highway Patrol are exempt from those aren't they? They must be. Our State Troopers don't know how to drive at speeds under 85. But that's for another time.)
Article VII required that 9 of the original 13 states ratify the Constitution before it became law. Rhode Island did not attend the Constitutional Convention. Of the 42 delegates representing the 12 states present, only 39 signed off on the document. The Constitution was ratified when the 9th state, New Hampshire, ratified it on 21 Jun 1788. Food for thought. The Constitution went into effect on 4 Mar 1789, yet at that time only 11 states had ratified it. North Carolina ratified it in November 1789 and Rhode Island in May 1790. Vermont ratified the Constitution on 10 Jan 1791 and was admitted to statehood on 18 Feb 1791.
Next time, the Amendments. Until than - God Bless America!
Gunner Sends
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