The remaining Articles are equally self-explaining, but they have also been exploited by the "goverment".
Article III covers the Judicial Branch. But, before we get into it, I'd like to ask you a question. What is the term of office of a Supreme Court Justice? If you said it's a life time appointment you'd be wrong. But, that's what the judges and lawyers would have you believe. Even Greta Von Sustern stated that when Justice Souter retires next month that President Obama will get to make a lifetime appointment.
Article III, Section 1 states "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,..." The missing component is who gets to decide what that good behavior would entail. GUNNER'S VIEW is that "We the People" should make that determination. I support an amendment to the Constitution that would require all "Article III Federal Judges" (Supreme Court, Courts of Appeals, District Courts, and the Court of International Trade) be reapproved by ballot every six years. Not be elected or re-elected, per se, but a simple "Should Justice J.S. Ragman of the US Supreme Court be retained in office?" If the people say yes, fine. If we say no, than the Judge steps down and the President appoints a new one. The Justices of the Supreme Court and the Judges of the Court of International Trade would require approval of the entire US Electorate. The Courts of Appeals and District Courts by those voters in their geographical areas of concern (i.e. the 11th Circuit Court of Appeals and the 11th District Court are limited to Alabama, Georgia, and Florida).
Article IV, Section 4 delineates the type of government that shall rule this country. We are NOT a Democracy, we are a Republic. What's the difference? Democracy is by far the most challenging form of government - both for politicians and for the people. The term democracy comes from the Greek language and means "rule by the (simple) people". The so-called "democracies" in classical antiquity (Athens and Rome) represent precursors of modern democracies. Like modern democracy, they were created as a reaction to a concentration and abuse of power by the rulers. Yet the theory of modern democracy was not formulated until the Age of Enlightment (17th/18th centuries), when philosophers defined the essential elements of democracy: separation of powers, basic civil rights / human rights, religious liberty and separation of church and state. (http://www.democracy-building.info/definition-democracy.html) A republic, in the classical form, is a type of government that is made up of a mixture of elements from three other types of government: monarchy, aristocracy, and democracy. There is the Spartan model which is a tri-political government of kings, gerousia ( aristocracy) and Ephors (democratic body). There is the Roman model that has a civilian head, and an aristocratic body which is the Senate. It is marked by a bicameral legislative body (the upper house being aristocratic) and by a written constitution that marks out the duties and responsibilities of the different bodies. A classical republic is considered by its proponents to be the best compromise between the interests of the aristocracy (or of the wealthy elite) and those of the people. (http://www.economicexpert.com/a/Classical:definition:of:republic.htm)
Article V gives us simple instructions on how to amend the Constitution. The House of Representatives and the Senate shall propose, by a 2/3 majority, a Convention to consider an amendment to the Constitution. Or a simple majority of the State Legislatures of 2/3 of the States may call the Convention. Once the amendment is approved by the Convention it requires ratification by 3/4 of the States, either by the State Legislature's vote or by a State Constitutional Convention. For a number of years, from 1995 to 2006, the House of Representatives has, in accordance with Article V, has approved a Constitutional Amendment to make it illegal to desecrate the United States Flag. Each time the amendment has passed the House it has failed in the Senate. As I, for one, am against the amendment, I'm pretty happy with the Senate's decision - unfortunately many of my friends are not! As an aside, the Congress passed a Flag Protection Act in 1968. Over the next few years, 48 States passed similar laws. In 1989 the Supreme Court declared these laws unconstitutional. Since the Flag Amendment Supporters can't get the amendment through the Senate, perhaps they should attempt to get it through the State Legislatures of 34 of the 48 States that had Flag Protection laws. That would work.
Article VI, Paragraph 2 is constantly ignored by State and Local Politicians, Courts, and Law Enforcement Agencies. Simply put, we have Federal Laws regarding immigration. Anyone coming to this Nation in violation of these laws is an "illegal alien". Some city and county governments, State and Local Courts, and City, County, and State Law Enforcement Agencies tend to ignore these laws. This paragraph states "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. " Therefore, any elected official, judge, or LEO - all of whom are "bound by oath or affirmation to support this Constitution" (Article VI, Paragraph 3) - are in violation of the law and should be incarcerated.
May God Bless the United States of America.
Gunner Sends.
Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts
Sunday, May 3, 2009
Monday, April 27, 2009
The Constitution of the United States, Part II
This segment of my Constitutional brief will cover Article I, the Congress and the Legislative Branch. I don't intend to cover each and every segment, but I do intend to cover those parts that I feel are very important and not being handled correctly by our employees.
Section 2 states, in part, that "No Person shall be a Representative who shall not have attained the Age of twenty five Years, and been Seven years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
I would suggest an amendment to this particular section. Said amendment would read "No Person shall be a representative who shall not have attained the the age of twenty five Years, and been Seven years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen for a period of less than two years. Such representative shall not serve for more than 12 consecutive years, and shall not have been convicted of a felony in any of these United States." That would eliminate Congressman Bobby Rush of Chicago, a founder of the Black Panther Party who spent 6 months in prison on weapons charges. It would also include Florida Congressman Alcee Hastings, who, as a US District Judge, was impeached in 1989 by the House of Representatives on a vote of 413-3 and convicted by the US Senate, on a vote of 69-26, of perjury and conspiracy to accept a bribe. Mr. Hastings will tell you that this conviction was reversed by the US District Court in 1992. This is true, the conviction was reversed. What he won't tell you is that less than six months later the District Court ruling was reversed by the United States Supreme Court.
Section 3 states, in part, that "No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen."
Again, I would suggest an amendment, as above, modifying the section to read as follows: "No person shall be a Senator who shall not have attained the Age of thirty Years, and been nine years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen for a period of less than six years. Such Senator shall not serve for more than twelve consecutive years and shall not have been convicted of a felony in any of these United States."
Food for thought, 25 to be a Congressman, 30 to be a Senator, and 35 to be President. Congress elects its own officers. The succession of command is President, Vice President, Speaker of the House, President Pro Tem of the Senate. What happens if the Pres and the VEEP die, the Speaker is 29 and the President Pro Tem is 32? Or neither the Speaker nor the President Pro Tem are natural (i.e. born here) citizens of the United States? More on that subject in a later article.
Section 8 states that "The Congress shall have the Power...To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions:..." Now I'm really confused, according to Title 10, US Code there are two classes of militia; the organized militia or National Guard and the unorganized militia, which is all of the rest of us. Since the National Guard (the organized militia) may only be Federalized to execute the law, suppress insurrection or repel invasion why are they serving in Iraq, Afghanistan and other foreign lands? How come Congress blames the Iraq war on President Bush, when the war has/is being fought with the National Guard AND ONLY THE CONGRESS HAS THE CONSTITUTIONAL AUTHORITY TO FEDERALIZE THE NATIONAL GUARD?? I asked that question, a few years ago, of select Congressional staffers and was told that Congress gave the President the authority to do that a number of years ago. EXCUSE ME - THIS IS A CONSTITUTIONAL POWER - CONGRESS DOESN'T HAVE THE RIGHT TO GIVE IT TO SOMEONE ELSE. ONLY "WE THE PEOPLE" HAVE THAT RIGHT AND THAN ONLY VIA CONSTITUTIONAL AMENDMENT!
Section 8 also mandates Congress "To excercise exclusive Legislation in all cases whatsoever, over such District...as may, ... become the Seat of the Government of the United States..." (i.e. the District of Columbia) Than why does the District have a city counsel? Why do they have an elected Mayor? Why do they pass their own laws, many of them in violation of the Bill of Rights? Did Congress, once again in violation of the Constitution, give away some of it's power and authority without the consent of "We the People"? The key words in this line are "exclusive" and "in all cases whatsoever"!
Additionally, Section 8 tells us that "The Congress shall have Power ... 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." What does that mean to us? Well, no where else in the Constitution does it assign the ability to make Law. Constitutionally, only the Congress may pass a Bill, and it doesn't become Law unless the President approves it or Congress overrides his veto. Well, there is a phrase called common law "...which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was latter (sic) adopted by the U.S. that is based on precedent instead of statutory laws." (http://www.lectlaw.com/) Precedent is "The body of judicial decisions in which were formulated the points of law arising in any case. A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction." (http://www.lectlaw.com/) Now, I, for one, have a problem with both common law and precedent. I can see where they would be acceptable, but they also appear to be unconstitutional. If only the Congress has the power to make law, than why do our courts follow common law - which was NOT passed by the Congress? If 536 of our employees (House, Senate, President) have not seen fit to make a law concerning a given subject, than why do we allow just one of our employees (i.e. U.S. District Court Judge) to make law using "precedent"? There is something inherently wrong with a system that tells us that we can be ruled by that one Judge, who is an appointed employee vice an elected employee. In essence, we didn't even hire him!!!
Section 9 has a number of key provisions in it, but the one I like best states "No Bill of Attainder or ex post facto Law shall be passed." A Bill of Attainder Law is one that singles out an individual or a group for punishment without trial (http://www.techlawjournal.com/). An Ex Post Facto Law is one which criminalizes conduct that was not a crime when it was committed, increases the punishment for a crime beyond what it was at the time the act was committed, or deprives a person of a defense available at the time the act was committed (http://www.lectlaw.com/). How can that effect you? Well the illustrious Bobby Rush has a Bill in the House right now, H.R. 45. Section 101 of that bill says "It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license..." Well if it's legal for me to own a firearm today, and I purchase it today, the bill passes and is signed into law sometime in the future, the legal weapon I bought today is now illegal. I believe that the Supreme Court would overturn this bill if it was passed. There will be more on this piece of legislation at a later date.
May the Lord watch over our brothers in arms as they keep us safe.
Gunner Sends
Section 2 states, in part, that "No Person shall be a Representative who shall not have attained the Age of twenty five Years, and been Seven years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
I would suggest an amendment to this particular section. Said amendment would read "No Person shall be a representative who shall not have attained the the age of twenty five Years, and been Seven years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen for a period of less than two years. Such representative shall not serve for more than 12 consecutive years, and shall not have been convicted of a felony in any of these United States." That would eliminate Congressman Bobby Rush of Chicago, a founder of the Black Panther Party who spent 6 months in prison on weapons charges. It would also include Florida Congressman Alcee Hastings, who, as a US District Judge, was impeached in 1989 by the House of Representatives on a vote of 413-3 and convicted by the US Senate, on a vote of 69-26, of perjury and conspiracy to accept a bribe. Mr. Hastings will tell you that this conviction was reversed by the US District Court in 1992. This is true, the conviction was reversed. What he won't tell you is that less than six months later the District Court ruling was reversed by the United States Supreme Court.
Section 3 states, in part, that "No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen."
Again, I would suggest an amendment, as above, modifying the section to read as follows: "No person shall be a Senator who shall not have attained the Age of thirty Years, and been nine years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen for a period of less than six years. Such Senator shall not serve for more than twelve consecutive years and shall not have been convicted of a felony in any of these United States."
Food for thought, 25 to be a Congressman, 30 to be a Senator, and 35 to be President. Congress elects its own officers. The succession of command is President, Vice President, Speaker of the House, President Pro Tem of the Senate. What happens if the Pres and the VEEP die, the Speaker is 29 and the President Pro Tem is 32? Or neither the Speaker nor the President Pro Tem are natural (i.e. born here) citizens of the United States? More on that subject in a later article.
Section 8 states that "The Congress shall have the Power...To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions:..." Now I'm really confused, according to Title 10, US Code there are two classes of militia; the organized militia or National Guard and the unorganized militia, which is all of the rest of us. Since the National Guard (the organized militia) may only be Federalized to execute the law, suppress insurrection or repel invasion why are they serving in Iraq, Afghanistan and other foreign lands? How come Congress blames the Iraq war on President Bush, when the war has/is being fought with the National Guard AND ONLY THE CONGRESS HAS THE CONSTITUTIONAL AUTHORITY TO FEDERALIZE THE NATIONAL GUARD?? I asked that question, a few years ago, of select Congressional staffers and was told that Congress gave the President the authority to do that a number of years ago. EXCUSE ME - THIS IS A CONSTITUTIONAL POWER - CONGRESS DOESN'T HAVE THE RIGHT TO GIVE IT TO SOMEONE ELSE. ONLY "WE THE PEOPLE" HAVE THAT RIGHT AND THAN ONLY VIA CONSTITUTIONAL AMENDMENT!
Section 8 also mandates Congress "To excercise exclusive Legislation in all cases whatsoever, over such District...as may, ... become the Seat of the Government of the United States..." (i.e. the District of Columbia) Than why does the District have a city counsel? Why do they have an elected Mayor? Why do they pass their own laws, many of them in violation of the Bill of Rights? Did Congress, once again in violation of the Constitution, give away some of it's power and authority without the consent of "We the People"? The key words in this line are "exclusive" and "in all cases whatsoever"!
Additionally, Section 8 tells us that "The Congress shall have Power ... 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." What does that mean to us? Well, no where else in the Constitution does it assign the ability to make Law. Constitutionally, only the Congress may pass a Bill, and it doesn't become Law unless the President approves it or Congress overrides his veto. Well, there is a phrase called common law "...which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was latter (sic) adopted by the U.S. that is based on precedent instead of statutory laws." (http://www.lectlaw.com/) Precedent is "The body of judicial decisions in which were formulated the points of law arising in any case. A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction." (http://www.lectlaw.com/) Now, I, for one, have a problem with both common law and precedent. I can see where they would be acceptable, but they also appear to be unconstitutional. If only the Congress has the power to make law, than why do our courts follow common law - which was NOT passed by the Congress? If 536 of our employees (House, Senate, President) have not seen fit to make a law concerning a given subject, than why do we allow just one of our employees (i.e. U.S. District Court Judge) to make law using "precedent"? There is something inherently wrong with a system that tells us that we can be ruled by that one Judge, who is an appointed employee vice an elected employee. In essence, we didn't even hire him!!!
Section 9 has a number of key provisions in it, but the one I like best states "No Bill of Attainder or ex post facto Law shall be passed." A Bill of Attainder Law is one that singles out an individual or a group for punishment without trial (http://www.techlawjournal.com/). An Ex Post Facto Law is one which criminalizes conduct that was not a crime when it was committed, increases the punishment for a crime beyond what it was at the time the act was committed, or deprives a person of a defense available at the time the act was committed (http://www.lectlaw.com/). How can that effect you? Well the illustrious Bobby Rush has a Bill in the House right now, H.R. 45. Section 101 of that bill says "It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license..." Well if it's legal for me to own a firearm today, and I purchase it today, the bill passes and is signed into law sometime in the future, the legal weapon I bought today is now illegal. I believe that the Supreme Court would overturn this bill if it was passed. There will be more on this piece of legislation at a later date.
May the Lord watch over our brothers in arms as they keep us safe.
Gunner Sends
The Constitution of the United States, Part I
The Constitution of the United States is the supreme law of the land. Every other law of this nation or any of its subordinate political entities is subordinate to the Constitution.
Part I will be short and sweet. The Preamble to the Constitution. I haven't been to high school in 45 years or so, but I do remember that we USED to have to memorize it. But in case you didn't, or you've forgotten it, here it is:
"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."
Now, let's dissect the Preamble.
1) "WE THE PEOPLE of the United States..." That's us, the citizens and voters of this country. It doesn't include immigrants who have not become US Citizens. It does not include visitors to the USA. This short little phrase delineates who's in charge. It's not the Executive Branch, the Legislative Branch, or the Judicial Branch. It's you and me. Don't ever let your elected officials forget that. They are the employees and we are the employer.
2) "...in Order to form a more perfect Union..." That's right, a MORE perfect Union. We're not perfect, nor is our form of government the best form of government ever devised by man. It is, however, the best form of government devised by man, that has been attempted by man, and that has proven successful. There are other forms of government, devised by man, that, due to the greed of man, have failed. Unfortunately, unless you decide to do your job, as an employer, this one may fail, too!
3) "...establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, ..." These areas, according to our Founding Fathers, are the areas to which the goverment should LIMIT itself. In my opinion this line authorizes the Department of Justice, Department of Homeland Security, Department of Defense, and the Department of Veteran Affairs. It also allows for other organizations like the US Postal Service, Social Security Administration, and the Public Health Service, as well as a few others which I'll discuss, appropriately enough, at a later date.
4) "...and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Merriam-Webster defines Posterity as; 1. the offspring of one progenitor to the furthest generation, and, 2. all future generations. It is my view that our Founding Fathers, intended that the word posterity apply to all future generations of American Citizens. Therefore it is GUNNER'S VIEW that, based on the Preamble to the Constitution of the United States of America, which provides for certain rights and privileges to American Citizens DOES NOT PROVIDE those same rights and privileges to non-citizens without a 'green card", illegal aliens, enemy prisoners of the war on terror, military personnel of nations who are not signatories of the Geneva Convention, or terrorists of any type.
The Delegates to the Constitutional Convention met in Philadelphia from 25 May to 17 Sept 1787. It took over three months for them to write this document. It was ratified (in order) by Delaware, Pennsylvania, and Georgia in 1787; Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York in 1788; North Carolina in 1789; Rhode Island in 1790; and Vermont in 1791. Three months 22 days to write it and three years 24 days for the original 13 states to approve it. knowing that they were forming a "...more perfect Union...", not a perfect one, they made provisions to modify it. Between 1789 and 1992 this was done 17 times (the first ten amendments or the Bill of Rights were done all at once). I believe there is room for a couple of more amendments, and I'll discuss them at the appropriate time.
God Bless the United States, its veterans, and its active, retired and reserve service men and service women.
Gunner Sends
Part I will be short and sweet. The Preamble to the Constitution. I haven't been to high school in 45 years or so, but I do remember that we USED to have to memorize it. But in case you didn't, or you've forgotten it, here it is:
"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."
Now, let's dissect the Preamble.
1) "WE THE PEOPLE of the United States..." That's us, the citizens and voters of this country. It doesn't include immigrants who have not become US Citizens. It does not include visitors to the USA. This short little phrase delineates who's in charge. It's not the Executive Branch, the Legislative Branch, or the Judicial Branch. It's you and me. Don't ever let your elected officials forget that. They are the employees and we are the employer.
2) "...in Order to form a more perfect Union..." That's right, a MORE perfect Union. We're not perfect, nor is our form of government the best form of government ever devised by man. It is, however, the best form of government devised by man, that has been attempted by man, and that has proven successful. There are other forms of government, devised by man, that, due to the greed of man, have failed. Unfortunately, unless you decide to do your job, as an employer, this one may fail, too!
3) "...establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, ..." These areas, according to our Founding Fathers, are the areas to which the goverment should LIMIT itself. In my opinion this line authorizes the Department of Justice, Department of Homeland Security, Department of Defense, and the Department of Veteran Affairs. It also allows for other organizations like the US Postal Service, Social Security Administration, and the Public Health Service, as well as a few others which I'll discuss, appropriately enough, at a later date.
4) "...and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Merriam-Webster defines Posterity as; 1. the offspring of one progenitor to the furthest generation, and, 2. all future generations. It is my view that our Founding Fathers, intended that the word posterity apply to all future generations of American Citizens. Therefore it is GUNNER'S VIEW that, based on the Preamble to the Constitution of the United States of America, which provides for certain rights and privileges to American Citizens DOES NOT PROVIDE those same rights and privileges to non-citizens without a 'green card", illegal aliens, enemy prisoners of the war on terror, military personnel of nations who are not signatories of the Geneva Convention, or terrorists of any type.
The Delegates to the Constitutional Convention met in Philadelphia from 25 May to 17 Sept 1787. It took over three months for them to write this document. It was ratified (in order) by Delaware, Pennsylvania, and Georgia in 1787; Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York in 1788; North Carolina in 1789; Rhode Island in 1790; and Vermont in 1791. Three months 22 days to write it and three years 24 days for the original 13 states to approve it. knowing that they were forming a "...more perfect Union...", not a perfect one, they made provisions to modify it. Between 1789 and 1992 this was done 17 times (the first ten amendments or the Bill of Rights were done all at once). I believe there is room for a couple of more amendments, and I'll discuss them at the appropriate time.
God Bless the United States, its veterans, and its active, retired and reserve service men and service women.
Gunner Sends
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