Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Thursday, July 18, 2013

Failing our Posterity


The youth is not being educated to appreciate this country and its undeniable role in making the world a better place for tens of millions of individuals. The critic’s knee jerk reaction to this opening sentence goes like this, “if you were a slave or Indian you may think differently about that.” I am being generous to the left here because they are usually more emotional and profane because that is easier than actual thought and analysis.

The reality is that the world was brutal, full of dictatorships, cast systems, slavery, monarchial kingdoms, regimes that had little respect for anything but their own power and survival. Along comes America and all of that changes. Do our kids get the real story or do they learn some dates about points of history? The reality is that our education system has failed, and worse, they are delinquent in teaching the American story in context of the world.

When talking about slavery it is rarely discussed that America was a catalyst for the ending of world slavery because of the Constitution and Declaration of Independence. The fact that the founding of this Nation was focused on individual liberty is glazed over, and the focus is on the evil of America owning slaves. To put this into context, we will see a similar fate with the abortion “issue” one day. Abortion kills a potential human being and it has been an “accepted” practice but that is changing. Just as the practice of slavery had no moral justification, the abortion issue is similar. How can you justify killing a potential life with no justification? Time, understanding, technology, and knowledge will make future generations question our moral character on abortion. They will look back at us just like we look back at slave owners and wonder how we could have allowed it. How could the people of the world morally justify the enslavement of another human being? How could the world have allowed the killing of a potential human being?

Freedom and free markets have produced the wealthiest nation on the face of the earth. That is the result of the American experiment. The wealth prior to America was stolen by the government. Although we are moving back to that model in some ways, if our youth understood capitalism and our history, they would be supporting free markets and clamoring for smaller government. Instead they fret over recycling and worry about global warming.

This country is not perfect or is any country perfect. We are human beings after all is said and done. We are imperfect but we have been blessed with the genius of freedom and self-rule. That genius and self-rule is the current law of the land. It is embodied in the Constitution. It is embedded in a document that is currently being ignored and is no longer taught effectively in our classrooms.

We are failing our posterity and squandering their ability to have a productive and free future. And the sad thing is that so many of them don’t even know it…

Thursday, June 27, 2013

The Answer is Simple


If you are one of the people that believe our future is being jeopardized by an out of control federal government the fix is simple and laid out clearly in the US Constitution. The fix is the Tenth Amendment. The text is short, clear, and concise:


“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.”

All acts, laws, and dictates of the federal government must be delegated to it in the constitution. Where is it delegated that the federal government should be a pension fund, medical fund, or arbiter of welfare money? Any attempt to justify 90% of what the federal government currently does is tortured logic. There are 18 specific powers. None of them include the power to take the wealth of some and give to others.

The founders were very conflicted in the creation of the United States. They knew that too much central power would turn to tyranny, and not enough central power would leave the states vulnerable to foreign interests and could undermine the ability of the states to thrive economically and independently. It is critical to note that the Constitution was intended to limit the central power of the government. Every argument about the ratification discussed the potential of the central government to infringe on the rights of the individual and states. That is why the Bill of Rights was added and especially the Tenth Amendment.

The founders even argued about the Bill of Rights. Many didn’t even believe it was needed because the Constitution was inherently a document limiting central power. It was assumed that the people would hold a central government in check. In the day, it was not uncommon for people to violently revolt against the tax collector or representative of any central authority. Limiting power was absolutely the intent. To think the central government was a means to happiness or prosperity would have been laughed at and rejected hands down. But fortunately for us today, many did not trust a central authority and would not ratify without the Bill of Rights. If not for these ten amendments we would not have the country we have today.

There has been a concerted effort not to teach the founding in context. If the education of our youth included the true intent of the US Constitution and the founders, we would be in much better shape today. The bright side is many people are starting to realize how right the founders were. There is a growing movement to utilize the Tenth Amendment and the process of nullification. Nullification is simply the states and people rejecting unconstitutional laws.

Rejecting unconstitutional laws utilizing the Tenth Amendment and nullification is the simple answer. Once this movement gains greater ground it will take hold. To learn more go to www.tenthamendmentcenter.com. You will be glad you did…

Friday, March 30, 2012

The Supreme Court is Invalidating the Founder’s Intent


No matter what decision the Supreme Court reaches regarding Obamacare, the SCOTUS is and has been acting unconstitutionally for decades since FDR. The US Constitution is clear on the role of the court as are the Federal Papers and the many correspondences between the founders about its role simply as arbiter not legislator. Legislation and law were intended to be introduced and voted on in the House first and foremost. The Constitution is clear about who holds the law making responsibility. There is no alternative including interpretations of laws by the SCOTUS. They were only meant to validate or invalidate a laws legitimacy based on the founder’s intent.

Let’s start with the intent. The intended purpose of the Constitution was to limit Federal Power. The clearest and easiest evidence to understand and to support that is the Tenth Amendment. Why else would the founders/states have insisted on this addition if the intent was not to limit central power? The US Constitution would not have been ratified without the guarantee of the Bill of Rights which includes the 10th Amendment. The Bill of Rights in total underlines the distrust the states and the people had for this newly formed central government. Today it is painfully apparent how little the power of the Tenth Amendment has been utilized in the fight to curb centralized programs, but it has seen a renewed commitment to make it relevant again.

The SCOTUS was intended by the founders to simply be the referee to ensure the legislature was only passing laws that met the limits and protections within the constitution. Madison believed the role would be utilized on a very limited basis and in the federal papers he insists the concern about precedence was unwarranted. He suggested that every case that came before the SCOTUS would be looked at from the perspective of the original intent and not subsequent cases. How wrong he was. The precedence of the SCOTUS has been used to rewrite original intent to mean whatever the court wanted it to mean. This has been seen with the Commerce Clause. Its intent was to make trade regular between the states so there was a “uniform” set of laws guiding how the states traded. The coastal states could have easily introduced additional tariffs and taxes to the other states due to their proximity and importance in the delivery of foreign goods. It was not intended to be used as a way for the federal government to force the states to comply with its wishes simply because they participated in commerce. It was more efficient to have one representative dealing with foreign governments and trade agreements so the states would not have 13 different sets of rules that could be used to divide and create mischief by foreign governments especially France and England.

There have been a number of torturous interpretations based on precedent and ideology that have slowly but surely undermined our freedoms and decisions as a people. The suggestion that if we buy something or make something that is considered “commerce” that that becomes a reasonable opportunity for the federal government to regulate it and tax it to pay for the regulation is a warped view of the constitution. There is no requirement of the SCOTUS to consider any previous cases. That is what they need to do in the Obamacare case. They need to read and look at the original intent of our constitution.

That is where the crux of my argument lies. We now have a completely politicized process that does not fundamentally begin with a review of the constitution; it begins from the ideological views of the justices. As a conservative I pray the more conservative judges begin with the constitution in this healthcare case. But no one person can argue that every decision of late that the SCOTUS has ruled on is based in politics. Yes they occasionally reference the constitution but too often reference precedence. Completely opposite of what Madison argued would be the case.

The growth and intrusiveness of the Federal Government is being refereed by a party (SCOTUS) that has a self interest in the growth of that same government. If President Obama gets to choose two or more justices for the Supreme Court does anyone believe it will be a legitimate institution to protect our founding document? We will have reached the point of a nine person dictatorship if the SCOTUS becomes all powerful in the making and determining our future laws and original intent of the Constitution.

The states and the Governors of those states along with the legislatures need to take up the cause of liberty and limited federal power. They can do that by nullifying the laws they disagree with and believe are unconstitutional. Nullification is a legitimate course of action found within the constitution. We can’t rely on the Supreme Court for much longer because it is already politicized but if this president gets a few more picks it will no longer be on the side of the people and the states.

It is time for the states and the people to read, understand, and protect the US Constitution. It is the greatest weapon in the fight for liberty. Much more reliable than any SCOTUS.   

Friday, January 6, 2012

The Cost of Ignorance…

No matter what they say - ignorance is not bliss. In fact it is dangerous and imperils our freedoms. Our founders understood human nature because they were students of history. The founders had a love of learning and believed that education was a personal obligation to becoming a good citizen. Knowing history is like having a crystal ball to the future. By studying the civilizations of the past, our founders created the foundational principles of the Constitution.

Limiting the capacity of government to be able to control individuals was the principle goal of the Constitution. The main argument for a central government was to create the ability to provide a common defense for the states. They didn’t want to have to beg the states to support the defense of the country as they did during the revolution where George Washington had to make due with very limited resources. The Constitution was designed to contain the tendencies of governments to overstep and control the lives of the governed as was the case throughout history. They believed by putting us in charge of us, and limiting what a central government could do, they could improve the lives of everyone that lived within the constitutional republic. The Constitution was the written culmination of lessons learned that would set a foundation for a brand new form of government. One created by the people for the people. No ruling class or group of people would have power without the consent of the governed. It was a revolutionary concept but could only survive with an engaged citizenry. The founders feared if the citizens ignored the government it could quickly deteriorate into dictatorship so they provided as many safeguards in the Constitution as they could. But ultimately they knew it would come down to a willingness of the people to defend the Constitution. Without the people’s attention they knew the past would repeat itself.

They feared many things when designing the new republic including an all-powerful president. They did not want one man to have too much power or any group of people in the government to have too much power so they used the concept of “balance of powers” between the executive, judicial, and legislative branches of government. It was the job of each branch to keep the other in check. So no one branch could determine the direction of the federal government without the consent of each branch. It was a design nothing short of a miracle.

As we consider the actions of the Federal Government today and this President, it is apparent that the American education system has failed. The outrageous conduct of the appointments made by this president without the constitutionally mandated consent of the senate yesterday should have received a greater reaction than it did. The limited reaction to these appointments shows how our education system has systematically limited the citizen’s knowledge of their form of government. These radical and unlawful acts should be stirring up a beehive of legal action against this administration. Yet we go on and act as if this is just a game being played by a President intent on creating a rift between him and the congress to be used in his re-election campaign strategy. It is a dangerous and illegal game that deserves the attention of our congressional members and the judiciary.

This President has said he will go around the congress to do the “people’s work” which is exactly what every dictator in history uses as an excuse to implement their own tyranny on the governed. I know most people don’t realize how dangerous this is but they should. No matter what rhetoric is used to justify his actions, in a constitutional republic the law is king not the president. And the law says he can’t appoint people to positions of power within the government without the consent of the Senate. The Senate is officially in session and therefore the excuse of recess appointments is irrelevant.

Following the process of government is like watching paint dry for most citizens but if we expect to live in a country that respects freedom and the rule of law we must pay attention and react when necessary. The congress should threaten impeachment immediately and defund the departments affected by these appointments. This is not business as usual. This is a crime.

The country is worth watching over. It may be boring but it is our responsibility to protect future generations from the ambitions of leaders that would rather dictate than follow the law of the land.

Tuesday, December 20, 2011

The Constitution and the Founders…

The vision of our founders that was captured in the document we call the constitution is nothing short of a miracle. As we look at the political environment today, it is clear how truly brilliant our founders actually were. The Constitution was created to limit the government from controlling the lives of the governed. For the first time in history the people were put in charge of the government instead of government bureaucrats controlling the people.

You would never know we had a Constitution if you were dropped in this country from another planet. If you were a Founder who had risen from the grave this country’s operations would be an obvious indication the country had somehow been take over by a coup d etat. The obvious questions our Founders would have:

Who allowed the Federal Government to break the law of the constitution? This would have to be answered with We the People. We the people have ignored our duty to hold our politicians accountable to the law of the land. We are also responsible for electing politicians that have failed to abide by the Constitution.

What would compel the people to give up local control for a central bureaucracy? The Founders always suspected the local and state governments would be reluctant to give power to a central government. It was such a contention at our founding that the Bill of Rights had to be added and one of the most contentious amendments was the Tenth. Without the Tenth Amendment the Constitution would not have been passed. As they argued, there were only a few responsibilities the Federal Government would be better at which were very few. The most agreed upon functions were the defense of the country and foreign diplomacy. Now the Federal Government is involved in how much water we flush down the toilets and the light bulbs we can buy.  Think about that.

How did the Supreme Court become a legislative body? The Founders argued that the Supreme Court was simply a judge not a creator of legislation. They believed if the Supreme Court ruled a law to be unconstitutional the Congress would go back and re-write the legislation to comply with the constitutional guidelines. The idea that 9 individuals can dictate laws is exactly that, a dictatorship.

The Founders argued that human nature was known well enough to put safeguards in place to harness the evil instincts and incentivize the good instincts. They also understood natural law that is the foundation of freedom from the enslavement from groups, especially government groups.

We have no one candidate in the race that is even close to understanding the virtue of statesmanship. Statesmanship is the ability to rise above personal objectives and provide leadership based on the common principles that guide our country as outlined in the Constitution. The Constitution is simply a piece of paper without politicians willing to fight and die for it. Our Founders were willing to die for it. The politicians today don’t even read it.

And that is the fault of We the People…

Wednesday, September 28, 2011

The Constitution is About Limits…

There is no better excuse to dictate policy than crisis. Our founders knew the propensity of humans to dictate their will through group think in emotional situations. The founders feared and despised central rule by a King and were determined in the constitution to protect against both dictatorship and group or mob rule.

We are starting to hear politicians that are responsible for creating the current economic mess (chaos) talking about suspending democratic rule. First, we are not a democracy but what they are suggesting is we the people be stripped of our right to vote in or out our representatives to the federal government. These are not fringe lunatics that hold no power; they are a current congress woman and the governor of North Carolina. Their argument is that elected politicians can’t do what they want for fear of being voted out next election. My question is if they are in fear of being voted out of office by their constituents then the policies they are pursuing may be the problem. The reason our representative government does work is that representatives must face re-election every two years.

The constitution was designed with a House of Representatives to be most accountable to the people. That is why all laws are created by the House. The design of the house also allows for the protection against mob rule. There are 435 representatives that represent many districts with many competing interests. These competing interests make it less likely that a majority of these representatives will react with emotion rather than analysis. It is not a perfect system but it is the best the world has ever been able to put together under one set of rules. Those rules we call the US Constitution.

If we were to suspend elections so representatives did not have to face the voters, would this make the people complacent or angry? Forget the fact it would be an impeachable offense, is it a good idea to undermine the rule of law? The majority of the people in the United States want the federal government to reduce spending and repeal Obamacare. The anger, frustration, and ailing economy are being perpetuated by a few representatives that are not willing to listen to the people they represent.

Is the answer bypassing the people or is the answer electing people that will listen to the people and abide by the limits of the US Constitution?

Thursday, August 4, 2011

The Tea Party…

The Tea Party movement is under assault and there is a concerted effort to define them as radical outsiders and hell bent on destroying the federal government. The attacks are coming from politicians that believe they know best about the things we need, and will take all the resource necessary to deliver on their grand promises. The Tea Party disagrees.


The founders of this nation were patriots that at the time were being defined in a similar fashion by the British establishment as Washington today is defining the Tea Party. It is amazing how history repeats itself when people fail to study their history. The Tea Party is simply asking the federal government to act within the constitution and live within the means we the people have set for them. There is no terrorism or radicalism in that philosophy. It is a simple request and it will be adhered to one way or the other. The government serves at the will of the people. The Tea Party represents the people.

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

The Tea Party is simply returning to the principles we were founded on and if we as a nation want to change those principles the constitution provides a mechanism to do so through the amendment process. The people that are intent on defining the Tea Party as terrorists are truly the radical element and need to be ejected from the leadership of our country. They know they are about to be sent home in 2012 so they have decided the only way they can survive is to undermine the credibility of the Tea Party. It will not work.

The Tea Party is not easily demonized because there is no one face that represents it. The faces are diverse and when you see a picture of a Tea Party gathering it is not easy to portray it as radical. The faces are young, old, black, white, brown, male and female. They are the faces of a nation that is realizing its history once again and asking simply to return to the principles that have made us a great nation; faith in God and the individual. We rejected royalty once and we are doing it again. It is not terrorism it is patriotism.

The Tea Party has the best interest of our citizens at heart. They do not represent corporations or special interests. They want a limited government and a balanced budget. They simply want their freedom and God given rights back…

Monday, July 4, 2011

We Mutually Pledge to Each Other Our Lives, Our Fortunes, and Our Sacred Honor…

The men who signed the Declaration of Independence were obviously of a different time which has been long lost in the politicians of today. If a group of current politicians at any level of government were to band together and take that same pledge today they would be laughed at, ridiculed, and possibly arrested for subversive activity against the government of the United States.


We need that same commitment to our constitutional values and liberties those men made in 1776 today in 2011. But we are sadly too soft and have been convinced that it is not honorable to stand up and defend what is right. The moral foundation of this country has been compromised through an education system that has been subversive to the principles of our founding.

The history scores and the pathetic performance of Americans when asked questions about our history and founding are evidence we have been infiltrated by the same evils our founders hoped to eliminate in the miraculous document; the US Constitution. The founders knew that men seeking power and dominance over others was a human trait that had no cure. They knew that the document was a key to maintaining liberty but only if the people that were governed stayed informed and aware of their leaders.

We only have to look at the people that have been elected to our government over the past century to realize we have failed as a people to do our part. There is some hope. There are pockets of patriots like the Tea Party movement which is made up of Americans who care about the law, our constitution, and liberty. Even though they are portrayed by the media and political elite as being an aberration, the movement is growing and passionate about the cause of constitutional government. I am more confident and hopeful knowing that people like the Tea Party are reengaging in the political battlefield.

We are facing a similar battle to the one faced in 1776. That is not hyperbole, demagoguery, over the top, it is simply the truth. For those of us that observe, honor, and relish our form of government we can see the danger we are facing today from an over reaching federal government. This is serious business just as it was in 1776. We have petitioned our government to abide by the constitution but they continue to ignore it. We voted for constitutional candidates in 2012 but have seen little action to stop the current path toward economic destruction. We have a president that believes he can spend our fortunes at his discretion in wars that need further clarification to the connection to our national security. We have a federal bureaucracy determined to intrude into every detail of American life which is undermining our basic rights.

We need our citizenry to stand up against Washington DC as one voice. Not as democrats or republicans but as Americans who want to return to lawful government. What government can give us should not be the standard we judge our government by. It is time to return to the principles of self reliance and a bond created by the states to protect our liberties from foreign invasion and the regular flow of commerce both foreign and domestic. We need a more engaged citizenry that understands the value of history and how that knowledge is the only defense against politicians that are determined to undermine our individual liberties for the sake of some common utopia that can never be realized. Our founders knew what we were capable of if given the freedom to pursue our individual lives and happiness.

We need all Americans today to understand what our founders meant when they said, “we mutually pledge to each other our lives, our fortunes, and our sacred honor.” Amen and God Bless America on this Independence Day 2011…

Tuesday, April 12, 2011

Obama “Teaching” Kids to Hate Our Government?

President Obama speaking to a group of school kids (8th graders I believe) was responding to a question inquiring into the difficulties of being president. He responded by whining about how he has to deal with congress and citizens that are divided in thought. He can’t just enact his ideas about Healthcare and budgets etc…


It is not the first time the President of the United States has complained about our divided government. It is exactly what our founders designed to protect us from people like the current president. The president also whined about how he has to follow our constitution which is ironic since he does no such thing. Whether it is going to war without authority (Libya), using TARP funds as a blank check, or attempting to force Americans to pay for health insurance or be fined in his Obamacare legislation, he has no actual understanding of the federal government’s role. Specific and limited is the intended scope of our federal government. It is mind boggling how far we have wandered from the original intent of our constitution.

He despises this country’s past and is embarrassed of our wealth which is why he is so determined to “change” our country. He is a product of the radical sixties, and he has little respect for the constitution or our founders. He believes we are racist, selfish, and war mongers. He ignores the facts that without America this world would be a dark and gruesome place. He fails to accept this world is a much better place not because of our government but because of our freedom, wealth, compassion, and commitment to Christian values.

Mr. President, next time you speak about our country to the future generations I would appreciate it if you showed some respect and pride. We have so much to be proud of and complaining about our system does nothing to inspire our future generations to greatness. Keep your misgivings to yourself. If you don’t like the job; please feel free to resign. There are plenty of patriots that would be willing and able to take on the hard but honored position of being a leader of the greatest group of people on this earth. There is no need to worry about a successor the constitution covers that. Our founders knew that the best government was of the people not about any one person. We don’t need a savior; the people of the United States could get along quite nicely without you thank you.

Now that is a lesson every young American should study…

Tuesday, December 14, 2010

The War on Wealth…

The left in this country, including this president have waged a final battle against the creation of wealth in this country. Since our founding, the American spirit has been driven by opportunity to better one’s circumstance through industrious labors. The people that came to this great land were lured by only one thing; opportunity to improve their lives through hard work and limited government intrusion.

The world was a different place before America, and opportunity to create wealth for your own consumption was a “foreign” concept. Most citizens of the day worked to improve the standing of the ruling class. There was little opportunity for individuals to prosper in the pre-America world. The world’s economic output was often incentivized through fear, coercion, and force. Not until the new American Experiment did the world have the chance to see how much more effective economic growth could be when put into the hands of the individual and the rewards of that labor left in the hands that created it.

The creation of wealth in America became the fuel that lifted millions of people around the world out of the most despicable circumstances through the generosity and ability created by individual ingenuity and wealth. When individuals are incentivized through private property and keeping the fruits of labor it is no mystery as to why wealth explodes and raises the circumstances of all within a society. It is simply the harnessing of human nature. Our instinct to provide for ourselves actually fuels our instincts to help our neighbor. The problem we have seen in America is that for too long the wealthy have been fueling compassion, and the recipients have forgotten where this charity comes from.

The tax system has become a mechanism to take one man’s fruits and distribute them to another for no sensible reason. We have seen generations of low income Americans become locked in a system that breeds dependency and steals the incentive to make it on their own. This system has become an industry with the captains of that industry being politicians. These politicians have a self interest in perpetuating poverty and dependency. They fund their “industry” by demonizing the wealth creators, creating envy, punishing wealth, and redistributing the wealth through punitive taxation. This war on wealth has created a class of people that now believe they are entitled to the wealth that is created by these individuals.

We are becoming morally bankrupt as a nation when we believe a person’s success should be a source of scorn and disgust. The question is never “when is enough, enough for the individual wealth creators”. The reality is the more wealth they create the more goes back into society in the form of jobs, investment, and charity. It is not the government’s role in America to decide that question. The government has become over reaching and must be returned to its constitutional role once again. These wealth creators should be celebrated as they were at the founding of this great republic. Without the incentives of individuals to keep the fruits of their labor we harvest less fruit. As the fruit diminishes the dependent class gets restless and demands more from the captains of their industry. The captains demand more from the wealth creators and we find ourselves back in a system where wealth creation is driven by fear, coercion, and force. The engine sputters to a halt and collapses on itself.

We are not far from this point right now. Our tax system must be utilized to provide only the services necessary to conduct a law abiding society. Individuals again must be incentivized through the rewards of their labor. Right now the wealth creators are slowing down their activity because they are being punished and demonized. The wealth creators have not received their rewards through any special circumstance but the industrious spirit they pursue. The envy, jealousy, and demonization of the wealthy is going to destroy the American Spirit. Wealth distribution has already destroyed the people dependent on others. If we don’t stop demonizing wealth we will have nothing to demonize in the very near future…

Monday, June 14, 2010

Freedom of the Press VS. Subsidizing Newspapers…

The founders knew the best check on government was the ability of the people and press to speak out against the government and its representatives freely. At the time of our founding, the press (newspapers, pamphlets, letters, etc…) were the only organized vehicles to speak through at the time. Without the “press” of the time, the general public’s ability to get information about issues would have been crippled if not for the traditional means of communications was not protected.

Subsidizing the “business” of the press was not their intention. The only consideration for the founders was protecting liberty by protecting the ability of individuals and organizations like the press to speak out against an oppressive government, and by limiting the power of the government to control the speech against the same government. To suggest that the government should have any role in ensuring a media company’s success in the market place is a total distortion of original intent.

Today, we have the internet, radio, TV, all what the founders would have labeled as the press. Every one of the new medium unknown to the founders at the time, is a support for the original intent which was protecting speech and limiting the power of government. Because the traditional press has squandered their prestige by becoming political arms of party politics is the reason they are failing. They have greater competition, yes, but the real reason for their failure is their drifting from truth and facts to opinion and advocacy. Once you take a side you limit your audience. A very simple concept to understand.

So for the tax payer to subsidize a press that is no longer objective and separate from the government it is supposed to “protect” us from is in absolute contradiction to the original intent of our founders. We don’t need the traditional press, although I believe they still have an opportunity to reform themselves, we have what the founders were trying to truly protect which was the ability to speak out against our government through the expanded mediums we have today. Today’s technology has made speech safer from the perspective of holding government accountable. That is why the argument has shifted to protecting the internet from government control. Because the internet is more like the original press our founders wanted protected. A free interchange of ideas without government influence.

Let the traditional press models fail if they can’t compete, we have an outlet to speak against our government. Once the government is subsidizing the traditional press, we no longer have an independent advocate protecting our liberties. They will become an arm of the government, and that is definitely not what the founders intended when protecting the press in our constitution.

Sunday, February 7, 2010

Jefferson, the Fed, and the Tenth Amendment…

In one of the many arguments Thomas Jefferson had with Alexander Hamilton in the first administration of the newly found republic, under President George Washington, Jefferson used these words to describe why Hamilton’s plan for a federal bank under private management was a bad and unconstitutional idea:

“I consider the foundation of the Constitution as laid on this ground”: that “all powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states or to the people.”…

Jefferson went on to argue: “The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States by the Constitution. They are not among the powers specially enumerated…” “If such latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or another.” Simply stated; Ignore the enumerated powers and there are no enumerated powers, the sky is the limit to expanded federal government.

This is the foundation of the “implied powers” argument used throughout history to ignore the true intent of the constitution.

How prophetic Jefferson was, and how we see over the years the federal government’s quest for power has given us a government that Hamilton always wanted, a government of an elite class of men with the power over the common man. My words, not his; his sentiment, not mine.

Jefferson fought desperately to stop what today is the Federal Reserve System. If Jefferson were alive today he would want to end the fed. Giving up the federal treasury to be run by “independent and private” interests in his eyes was a recipe for disaster. And the disaster is now upon us.

Jefferson accused Hamilton of “excluding popular understanding and inquiry.” He argued the system of banking and credit devised by Hamilton was so confusing no man including the “president or congress should be able to understand it, or control it.” Which he believed gave Hamilton a scheme to enrich himself and his cohorts within the system Hamilton devised.

These arguments between the two founders were the foundation of a two party system. Not the one we have today but it put people in two “camps”; federalists and republicans with a small r. The Republican Party of yesterday is in modern times what became the Democratic Party. The federalists were the big central government supporters that had the rich, wealthy, and British sympathizers behind it.

How times change but one thing remains true; the principles of our constitution are the key to our recovery and a prosperous future. If we listen and learn about our history and great men like Thomas Jefferson we can consider the paths ahead by the great understanding that he had of government.

He loved the constitution and it was he and Madison that promised the Bill of Rights to encourage the states to ratify our Constitution. It is time to revisit our constitution and our Tenth Amendment in particular. That is, if we want a prosperous future and one that restrains the federal government from intruding on out state and individual rights.

Saturday, January 16, 2010

Change the Constitution?

I often hear from people that say the constitution is old and needs a revamp. The argument goes something like this “how can a document written so long ago be relevant today? So much has changed.”

I can understand how people can argue that things have changed since the time of our founding, but it tells me that they have not read the constitution or any history surrounding its creation. I encourage all to read the document and especially those that believe it should be changed. The dirty little secret is it can be changed but the process is deliberately difficult to insure changes are not made on emotion and are vetted, debated, and voted on by the legislatures in every state to insure agreement on the proposed changes.

The fact is that human nature doesn’t change. Human beings have common emotions and in critical moments have a propensity toward mob rule, violence, and tyranny. This historical and indisputable fact is the foundation of the U.S. Constitution. It is designed to limit, when respected and adhered to, the infringement of government on the individual’s rights and to protect against the propensity of government to dominate and control others. Just look around the United States today and you will find circumstances that support the fact that humans are emotional, violent, and use government to infringe on other people’s rights. The healthcare bill is a perfect example.

The other fundamental principle the founders understood and acknowledged was there is a God. They based many of the founding principles on the premise that certain rights are God given therefore can never be given or more importantly taken away by man. Think hard about this principle even if you are not religious. This is not about religion it is about a power greater than man. That principle is the foundation that keeps those determined to rule your life in check.

Stalin, Hitler, Mao, and many other dictators knew that targeting and killing the men of God had to happen in order to control people. If there was a power greater than them it would undermine their ability to rule. Without a belief in God, who makes the “rules” of a government? What man do you trust to protect your God given right to life?

Based on these fundamental principles the founders documented the greatest government framework the world had ever and has ever seen to date. And I as well as many others believe will never be trumped because these principles do not change.

Our constitution protects our individual right to life, liberty, and the pursuit of happiness and these are the principles outlined in our constitution so I ask; what should we change?

• Should we as individuals give up our rights to a government authority?
• Should we give up the right to private property and have a government authority divide up the land?
• Should we only assemble together when the government gives us approval?
• Should government determine the God we worship?

What should we change? Many that want this change are willing to give up their rights for the common “good”. But the constitution protects the people from the “good” of government. It limits the “good” they are allowed to do because government has a track record of tyranny, inefficiency, violence, and misery.

The individual right of Americans to pursue happiness under our constitution has been responsible for the happiness of millions around the world that have not been as fortunate as us. Free markets and free people have created the wealth that has fed nations and lifted millions out of poverty. Government can’t do that. Read your history.

Before you suggest changing the constitution, first you must learn and understand its purpose. Then if you still feel it needs changing, start a movement to make the change. Be careful what you ask for…

Friday, September 18, 2009

Celebrate Our Constitution; It’s Not Just About Our Past, It’s the Key To Our Future…

Today is the day we celebrate the signing of the most influential political document ever created by man. It was a miracle that a document like this was even created based on world history, and the barbaric nature of governments at the time. But the framers were not regular men, they were inspired. It was divine providence that this document ever made it to the signing ceremony. It was a blessing of freedom and opportunity for the entire world to see and envy.

We face significant challenges today as a nation with deficits running in the trillions of dollars, companies and states going bankrupt, and individual freedoms being forfeited for promises of security from an out of control federal government. These problems have been created because of one simple fact; we have ignored our founding principle of limited government clearly spelled out in the U.S. Constitution.

For too many years our politicians have taken an oath to defend this historic document but have immediately set off to undermine the same principles they promised to obey under the guise of compassion, security, morality, or some other unjustifiable justification they could fathom. Since the presidency of Abraham Lincoln who boldly stampeded the constitution, to FDR, and beyond to the current president, the constitution has been ignored as the document holding the solutions to our problems. President Reagan briefly renewed the spirit of the constitution but unfortunately many leaders since have forgotten his lessons.

President Reagan and the founders knew that any government allowed to grow would do so, and in effect would trample the liberty and opportunity of all of the citizens that it governed. That is the miracle of the constitution; it concisely and deliberately limits the government’s ability to grow. It clearly states that it is a government of the people, by the people, and for the people, not the other way around. It does so with the balance of powers defined within the document which purposely made the process of government cumbersome and divided, to insure that it was the greatest weapon against tyranny. The founders knew human nature and history, and understood the instinct of humans to control others had to be checked or the United States would end up like all other free civilizations throughout history; extinct.

Over the years many cases concerning constitutionality of state and local laws have been reviewed by the federal Supreme Court. Many were seen as an abandonment of the constitution to appease popular sentiment, but ultimately ended up undermining the intent of the constitution’s limit on government power and control. These laws have become what lawyers refer to as “precedence.” One of the most abused precedents has been the “interstate commerce clause.” It has allowed the federal government to involve itself and grow to the point the federal government is telling us how fast we can drive our cars, a power that cannot be found in the constitution. There are too many examples to state here but we must take a fresh look at the constitution and apply it today without reference to the abuse of past Supreme Courts. All law should be reviewed in the context of the concepts so clearly defined in the constitution.

I like clear examples and here is the one I tell which I heard told by Walter Williams: The constitution is the rules of the game. If in a game of poker I deal the deck and you have four aces. I decide that two twos beats four aces and I win, would you play poker with me? If you say yes I want your e-mail. The point is the constitution is the rule book. Judges can’t decide to change it because they don’t like the circumstances. That is what has been happening. So to make it fair, all cases making it to the Supreme Court should be judged against the original rule book. Not against a changed rule by the card dealer.

So when we see that our constitution has been altered by bad law what is the remedy? There are several, but one constitutional response is found in the Tenth Amendment. The Tenth Amendment simply states, “The powers not delegated to the United States by the constitution, no prohibited by it to the states, are reserved to the States respectively, or to the people.” This means the states have the right, and I would argue the obligation, to nullify bad and unconstitutional law at the State level. For example, nowhere in the constitution does it allow for the creation of a Department of Education. Education is the responsibility of the individual, communities, and states to figure out. The federal government should have been stopped from creating the department. But many say so much of what has been done can never be undone. Never say never.

Our constitution is clear on the roles and responsibilities of the federal and state governments. All we have to do is to get our Governors to go back to this miraculous document, start auditing the functions of the federal government, and start nullifying them one by one. The Sixteenth Amendment allows the federal government to tax individuals and corporations directly but it is missing one key component; it doesn’t set a limit. Our Governors need to utilize the constitution and set the limit on what they will allow their citizens to be taxed. We need a constitutional challenge of the Sixteenth Amendment by having a state set a limit on the amount of money that the federal government can tax individuals and corporations. Since it is not defined, the responsibility defers to the states respectively, or the people.

The future of the United States lies in the words of this historic document. We don’t need reform; we need compliance with our current Constitutional law. We must know our history to have a productive and free future. History is the key to the future. Just like our founders of yesterday, the leaders of today must put their faith in the greatest set of laws ever created by man. Our leaders of today must know their history to create policies for the future.

The U.S. Constitution is the solution to our seemingly endless problems, mostly created by an out of control unconstitutional government, and we as a nation have ignored this fact. The solution to our problems is all found within the document we celebrate today. We must read it, and study it. God Bless our Constitution and America…

Friday, May 29, 2009

Federal Borrowing Must Be Stopped…

The Federal Government is borrowing away our future and has taken away every American’s constitutional right to the pursuit of happiness. We can no longer stand by and watch our debt quadruple per family.

You now owe $546,668 as a family thanks to the out of control spending of this government, and it is mostly unconstitutional. How do you pursue your own happiness when the government has the ability to borrow in your name for things that bring no value to you?

The constitution allows for the federal government to borrow for things that are important to the nation as a whole, mostly defense. But when the federal government borrows from you as an individual to “buy” a car company it is obvious they have gone too far. When the government takes your money to give to others they deem more worthy they have gone too far. When the federal government takes our state and local tax money for educating our children they have gone too far.

The Federal government has gone too far. If I were to borrow $546,668 in your name I would be thrown in jail. None of this federal borrowing beyond our military is justified or needed. Our Governors must stand up for the rights of their states, and we as individuals must stand up for our rights to the protection of our property (hard earned money) and our pursuit of happiness. How can any family pursue their dreams when the federal government can take away our rights to a prosperous future by borrowing on our individual credit?

The tenth amendment and nullification of federal programs is our only chance. We must audit all federal expenditures on our behalf and determine the constitutionality of each federal expenditure. Then we need to nullify each program at the state level and reduce our federal tax burden accordingly.

The only way we can do that is each state must end individual federal withholding taxes and collect those taxes at the state level. Then the states can pay the taxes on behalf of their individual citizens. This will bring the balance of power back to where it belongs; in the hands of the states and individual Americans. With the state in control our state representatives will have greater ability to provide the services truly needed to run the state according to the citizens of the state. No more federal extortion to get our state funds back for our own use.

This is not a radical idea. This is an idea rooted in the US Constitution. What is happening now is a complete disregard for our constitution and especially our tenth amendment rights. Government programs are so much more manageable at the state level, and we have a much better chance of holding our state representatives accountable as opposed to holding a Federal Representative from San Francisco or a Federal Senator from Nevada accountable.

Our Federal system is broken. There is no true representation in congress when the rules are contrived to nullify representation from states that happen to elect a representative from the “wrong” party.

Does anyone feel represented anymore at the federal level? Did you approve $546,668 borrowing on your behalf? Do you want it to stop? Have your read the tenth amendment? Have you read the US Constitution?

Stand up and fight for the US Constitution and your rights. Let your governor know you want this federal oppression to stop. Read our constitution and start the ground work for a movement back to our future. We don’t need radical change, we just need to abide by the framework already in place; The United States Constitution!

Wednesday, May 27, 2009

Empathy Need Not Apply for the Supreme Court…

Justice is blind. Lady Justice does not care if we are Black, White, Hispanic, Chinese, Male, or Female, she only cares about the consistent and blind application of law to every individual American citizen. Justice Roberts at his nomination made the analogy of what a judge does to the role of an umpire.

An umpire at a baseball game does not care what the players look like, where they came from, whether they grew up rich or poor when calling balls or strikes. If the team that has more minorities than the other tries to steal second base during a game, the umpire does not need to show empathy to that team as he makes the call at second base because the call is the call. The rules are clear and must apply to every player the same.

To suggest that the traits of a judge need to include empathy, and understanding what it is like to be poor shows the ignorance of the president and media in selecting good judges for any court but especially the Supreme Court. Members of the Supreme Court are the ultimate umpires in legal disputes and understanding the constitution (the rules of the game), and applying them blindly is the only real qualifications needed.

If Major League Baseball started hiring umpires that made calls based on empathy and an understanding that the teams that always lose need special considerations to win the entire league would fold. No one would ever go to a game again because the rules are what make it fair, and if the application of the rules is not evenly applied then people watching will have no confidence in the integrity of the league.

By nominating a person like Sonia Sotomayor based on the “qualification” of empathy the integrity of the court is in question. Will she rule differently for Black people than Hispanic people? Will she be more empathetic to women than men? Will she favor the poor over the rich? If she does favor specific groups and you are not in the group being favored how will you feel?

There is a reason Lady Justice is blind; there is no reason a president should be…

Wednesday, May 20, 2009

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 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.

These words and the meaning behind them are becoming more and more relevant every passing day. These words taken from our Declaration of Independence are timeless and deliberate in their recommendation in restraining government for all time. Jefferson believed these words should be used for all time, ready to be resurrected, in times when they again began to ring true for the people of this nation. In other words, our founders if alive today would be considering the same words against the current Federal Government actions being thrust upon us today.

These founders knew human nature would again find a way to undermine the document they worked so hard to establish. They understood no document could withstand the desires of those men determined to take power over others; benevolent or not. They understood that circumstances of the times could be manipulated to encourage the people to give up certain rights in crisis. They understood that in order for this document to survive the people would need to maintain morality and diligence in holding their elected officials accountable. They understood there would come a time when our posterity would be threatened by the actions of their father’s inability to restrain their desires. They understood that no matter how hard they tried to restrain the evil tendencies of government there was always the possibility it could happen. They wrote these words in the declaration that would remind us why they chose the path they did.

Brilliant is the only word for the intelligence of these men in the understanding of human nature. Brilliant was the design they worked so hard to achieve for the thing that became the “American Dream”. Brilliant was their instinct to know the true inefficiencies of government and doing their best to limit the scope of the inefficiency. Brilliant for their time. Brilliant for all time.

We are watching this historic brilliance being over shadowed by today’s ignorance and a willingness to put all historical lessons aside about the outcome of intrusive government. The lessons that are so clearly documented and casually observed throughout today’s society illustrating government failure, yet we are allowing more investment in the scope of government looking for a different outcome. This is insanity.

Read the Declaration of Independence, read the US Constitution, read about the history of this glorious nation and think. Think about how far we have come and how fast we have created the greatest nation in the world. Our country is built on the simple brilliance of investing our future in individual freedom, free markets, and limited scope of government interference, not on the destructive principle of collective utopia, and hoping for a different outcome from the failure that is sure to be. We are reversing the brilliance of this nation but if you read the documents of our founders there is no other conclusion you can come to; brilliant…

Wednesday, January 7, 2009

The 10th Amendment to the United States Constitution

Simply reads:

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.

Simply means: The only powers delegated to the federal government are few; "establish Justice, insure domestic tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and Posterity, do ordain and establish this Constitution for the United States of America."

There is nothing that tells the Feds they can run every aspect of our lives. Most of the delegated powers were focused on security. The General Welfare is not a blank check and it is the promotion which means support of the people not domination over or a guarantee.

So we must start delegating the powers back to the states and away from Washington DC. Otherwise we are in big trouble as a Nation... Read the US Constitution carefully and often It is only 4000 words...