Sunday, August 8, 2010

Rule of Law


The United States Constitution is 223 years old this month. Old and Tattered, often ignored, and violated by our government on a regular basis. Let's take a quick look at it.

"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 of the United States."

The Preamble outlines the concept and purpose of our Constitution. The rest of it is just details. It defines a number of important concepts, some of which the government either doesn't understand or chooses to ignore.

First, Congress, the President, and the Supreme Court are not the ultimate decision makers in this country. We are. Everytime we allow one of the branches of government to do something we don't like, and we allow it, we are at fault. Don't be afraid to e-mail, write, fax, or telephone your Congressman or Senators. If you call, ask for them by name and point out that you are a constituant. Every time he or she refuses to take you call, or return it, write a letter to the editor to every newspaper in your area. Let him/her know that you don't care to be ignored and no one in the district should contribute to the Congressperson's re-election campaign until such time as he or she acknowledges who's in charge.

The Preamble also tells us what our government must do:
A.  Establish Justice; These two words allow for the for the formation of the Department of Justice.

B. Insure Domestic Tranquility; This a rather interesting phrase. What do we need to have domestic tranquility? Why we need Justice, we need to be Defended, we need to have "life, liberty, and the pursuit of happiness," and we need the government to stay out of our lives except in the areas covered by the Constitution.

C. Provide for the common defence; We could stretch a couple of points here and state that this phrase allows for the creation of the Departrment of Defense, the Department of Veteran Affairs, and the Department of Homeland Security.

D. Promote the general Welfare, and; To really go out on a limb, you can give the Department of Health and Human Services the benefit of the doubt and attach it to this phrase.

E. Secure the blessings of Liberty to ourselves and our Posterity; This clarifies exactly who the rights and benefits guaranteed by this Constitution apply to, the Citizens of this Nation. Not the undocumented alien, documented alien, or visitor. The Supreme Court has NEVER interpreted this line the way it was meant.

Article I of the Constitution requires that we have a Legislative Branch of government.
Section 1 defines who they are. Section 2 describes how the members of the House of Representatives are appointed while Section 3 does the same thing for the members of the Senate. Sections 4 and 5 cover how the politicians run the two Houses of Congress.

Section 7 is where the fun begins. Paragraph 1 tells that "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."  How many Senate Bills are in the "hopper", right now, right now that propose to raise Revenue? I'm not going to look, but you should. Go The Library of Congress, Thomas Section at http://thomas.loc.gov/. You can look up any Bill you want at that site. Paragraphs 2 and 3 cover how a passed Bill becomes law and how to override a Presidential veto. This section also, specifically, does NOT mention Common Law or Precedential Law. Common Law is that which was passed down to us from England via tradition and the right thing to do, etc. So since Common Law in this country predates the Constitution, we live with it. Precedential Law is law written by Federal Judges setting a precedent in a specific case before the court. Since the Constitution allows for Federal judges, than it predates their existance, thereor Precedial Law must be nullified.

Section 8 tells Congress exactly what they can do. If it's not listed here they cannot do it. Of course they don't know that, as the same people that don't read the Bills before they vote on them don't read the Constitution either. That's a little tongue in cheek. Sure they've read it. They read the paragraph that says they can levy taxes, the paragraph that says they can borrow money, and the paragraph that says they can make all laws necessary execute the poers enumerated in Section 8. I don't think they've read the part where only the Congress can declare war, only the Congress can Federalize the National Guard, or that they are required to establish UNIFORM rules for immigration, we'll have more on immigration later. If a Congress Critter is reading this it means that the same Immigration laws complied with in New York City or San Francisco must be complied with in El Paso, Tx and Yuma, AZ!

Section 9 gives them some more do's and don't's.  Congress is not to apply a direct tax on the citizens of this country. However, they changed that with the 16th Ammendment. We'll discuss that in a later article. It also tells us that Congress is also required pass Appropriations legislation before taking one penny out of the Treasury and they are require to pass a budget, "from time to time". Well, there's two that Ms. Pelosi chose to ignore.

Section 10 mentions a few things that states are prohibited from doing. Right now, Paragraph 3 is very appropriate. This paragraph states that  "No State shall, without the Consent of Congress ... engage in war UNLESS ACTUALLY INVADED, OR IN SUCH IMMINENT DANGER AS WILL NOT ADMIT OF DELAY." Does this sound likes what happening along our Southwestern Border? Aren't those four states invaded every day? I've seen videos, and read official government douments, showing that we have been invaded by Armed and Uniformed Mexican Soldiers in Mexican Army Vehicles. That sounds like invasion to me. Is not Arizona "...in such imminent Danger..."? It doesn't matter what you or I think, what matters is what the people living in Arizona think! When Mexican drug lords contract for a "hit" on the chief Law Enforcement Officers of Maricopa and Pinal Counties, AZ and any armed American strolling on his own privately owned property, than I think Governor Brewer may "engage in war" without the "Consent of Congress."

We'll pick up the rest of the body of the Constitution next time.

God Bless America.

Gunner sends.

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