Tag Archives: illegal immigration

Warning: U Turn or Crash

U-Turn to right permitted

U-Turn to right permitted

For a very short time in the history of the world, America was an oasis of liberty in a global desert of humanistic oppression. That era is rapidly coming to an end. Furthermore, it appears more evident each day that we may have passed the point of no return. No matter what decisions our leaders make in the next few months, we cannot defy the laws of economics and math. Eventually, we will end up in financial bankruptcy and social chaos. At that point, based on the lessons of history and the law of cause and effect, order can only be restored to the chaos by draconian government intervention.

When that happens, we will have lost all hope of ever returning to a constitutional republic. America will lose its place as the “leader of the Free World”. We will no longer be the “policeman of the world” helping to maintain world order. The disorder and confusion we now see in the Middle East and Europe will continue to spread until chaos extends throughout the world, requiring the same solution, draconian government intervention. Conditions will then be ripe for establishing the long sought after goal of humanists, socialists, communists and other left wing groups, for a one-world government; the “New World Order” spoken of by George H.W. Bush many years ago.

Many of my readers are probably thinking to themselves, “The old man has finally lost it”. In 2008 when I first began to write about the dangers of an Obama Presidency, the most common response from my friends was, “that could never happen here, the American people would never stand for it.” I was also chided by my friends when I labeled Barack Obama as a socialist when he first appeared on the political scene. For some reason, I do not hear those criticisms so much today. Anyway, before you click off this page, let me assure you these thoughts are not original with me. They are gleaned from political philosophers, news accounts of current events, and the writings of commentators on political and religious history. For example, the modern progressive goal of a one world government dates back to the utopian thinkers of the twentieth century as a means for ending war, curing world hunger and furthering the socialist idea of “social justice”.

A number of groups have long sought to bring global trade, finance, transnational businesses and natural resources, under international control. The vehicle through which they hope to exercise control is the United Nations. The most active of these groups are the American Humanist Association and the Unitarian Universalists Association; both recognized United Nations NGOs with consultative status on a number of UN committees. The ultimate goal is a secular federated world government as stated in the 1973 doctrinal statement of the American Humanist Association.

“We deplore the division of humankind on nationalistic grounds. We have reached a turning point in human history where the best option is to transcend the limits of national sovereignty and to move toward the building of a world community in which all sectors of the human family can participate. Thus we look to the development of a system of world law and a world order based upon transnational federal government.” Humanist Manifesto II (1973)

If we understand this, we are closer to understanding those who work for open borders, amnesty and a “path to citizenship” for illegal immigrants, not to mention such UN programs as Agenda 21 and the Kyoto Protocol. It also helps to explain the thinking of those who advocate the power to tax for the UN. Our national sovereignty is being attacked and slowly chipped away by the UN, issue by issue, and with the full support of too many in Washington; much in the same manner as the federal government has worked for years to destroy the sovereignty of the states.

America is on the verge of social and economic collapse. Once that happens, it will be a simple thing to surrender our sovereignty to the “democratic” protection of a world government. A large segment of our population — perhaps even a majority — have already been conditioned to accept it, through amoral secular education and the alluring promises of humanistic socialism. Any reform or reversal of our current trend must take place before we reach that point. Once we allow a societal collapse, through apathy or avarice, there will be no hope of returning to the America past generations sacrificed so much to build and preserve. As we prepare for the struggles ahead, it would be well to remember that our battles are not only fiscal and political; they are spiritual as well; “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.” Eph. 6:12.

This nation was founded by the Providence of God and it can only be salvaged by the Providence of God. Our government must return to our plainly written founding documents, the Declaration of Independence and the Constitution, and our churches must return to the authority of the Holy Scriptures if we are to see true reformation. A Biblical passage that has been quoted so frequently lately, that it has almost become a cliché, is “If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.” II Chronicles 7:14. Cliché or not, it is a promise from God that America cannot afford to ignore.

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Obama Presidency Most Lawless in History

The Obama government is the most lawless government in American History. When the fifty-five delegates to the Philadelphia Convention debated and crafted the U.S. Constitution their intention was to write the rules for the operation of the federal government. Their task was to preserve the principles of government identified in the Declaration of Independence, while at the same time, drawing up a plan that would provide the new government with the powers necessary for carrying out their legal functions and preserve the sovereignty of the participating states. A crucial goal of the Constitution was to limit the power and scope of the federal government and prevent it from encroaching on the legitimate powers of the states.

Article VI of the Constitution established the Constitution as the “supreme law of the land”. More specifically, it established the Constitution as the supreme law governing the operations and scope of the federal government. Only to the extent that the government is in compliance with the Constitution can it make any claim to being a government “of laws and not of men”.

The first ten Amendments to the Constitution were adopted to clarify portions of the Constitution and give emphasis to its limited powers. The limit on the powers of the federal government was given further emphasis in the Tenth Amendment. From the beginning, many power-hungry elected officials, tried to expand their powers beyond those granted. For the first hundred years Presidents and the Supreme Court were somewhat effective in defending the integrity of the Constitution. However, in the presidential elections of 1892 and 1896 conscious decisions were made by all the major political parties to begin testing the limits imposed by the Constitution.

The most important proposed departures from the original plan was to allow the federal government to collect a graduated income tax, and elect Senators by popular vote rather than by appointment of the state legislators as the Constitution required. The sixteenth and seventeenth amendments ratified in 1913 during the “progressive era” opened the floodgates, allowing for the wholesale violation of the Constitution. The sixteenth Amendment allowed for a direct income tax on individuals, making it possible for socialists and progressives in government to engage in income redistribution through a graduated income tax. The Seventeenth Amendment shifts the election of Senators from the state legislatures to the general population of each state, effectively neutralizing the Tenth Amendment placing the real government power in the hands of political “bosses” of the Parties in power.

Since that time the powers of the federal government and violations of the Constitution have increased exponentially to the point that it is questionable whether we are any longer a Constitutional Republic. Every administration since 1896 has violated the Constitution, both Democrats and Republicans. However, none have so blatantly refused to acknowledge the authority of the Constitution as Barack Obama, beginning with the first sentence of the first Article.

Article 1.1.1 “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

This clause makes it clear that the Executive and Judicial Branches do not have the power to legislate or make laws. Yet, most of the laws enforced by the federal government today that infringe on our liberties originate in the Executive and Judicial Branches and not in the Legislature. The legitimate functions of the various departments in the Executive Branch are to implement the laws and policies established by the Legislative Branch. The Treasury Department, State Department, Interior Department, Justice Department, and Defense Departments exist under the “necessary and proper clause” of the enumerated powers section. Others are unconstitutional because they do not relate to the limited powers granted to the federal government by the Constitution.

Today we have a plethora of Executive Branch bureaucracies, reminiscent of the old Soviet Union, making laws affecting every aspect of our personal and business life. These bureaucracies are headed by “Secretaries” who are illegally authorized by Congress to make laws at their discretion. This is a double violation of the Constitution; (1) Most are unconstitutional because their jurisdictions are not authorized by the Constitution; (2) Congress does not have the authority to delegate its legislative powers to another branch of government.

President Obama has taken this egregious violation of the Constitution to a new height by appointing Czars over the various bureaucracies who answer directly to the President, and have the authority to “dictate” to the Secretaries and department officials the “rules” to be made and enforced by the full power of the federal government. Department Secretaries are confirmed by the Senate and are accountable to it. The Czars are appointed directly by the President and are not confirmed by or accountable to Congress. This situation cannot be allowed to continue if we are to maintain any fragment of our liberty in the future. It is the responsibility of the House of Representatives to cut funding for these unconstitutional departments until they are forced out of existence.

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Article 1.3.6 “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.”

This clause makes the Vice President the Chief Executive Officer of the Senate. The phrase, “but shall have no vote” has been interpreted by Senate Political Parties to turn the office of President of the Senate into a ceremonial position with no executive authority. Contrary to the belief of Vice President Biden, The Constitution places the office of Vice President in the Legislative Branch not the Executive; its position in the line of Presidential succession not withstanding. As a matter of fact, Presiding over the Senate is the only duty assigned to the Vice President by the Constitution. The office of Majority Leader, an unconstitutional office created by the Senate in 1921, has been allowed to usurp the authority of the Vice President with impunity for almost a hundred years. The Senate is the primary check on the Executive Branch of government. This departure from the Constitution upsets that balance of power in favor of the Executive Branch. There is no historical or Constitutional justification for the office of Majority Leader in its present form.

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Article 1.7.1:  “All Bills for raising Revenue shall originate in the House of Representatives;”

1.7.2:  “but the Senate may propose or concur with Amendments as on other Bills.”

This clause gives the House of Representatives the “power of the purse” since revenue can only be raised to fund the legitimate functions of government and all revenue bills must specify the purposes for which the revenue is to be allocated.

Article 1.9.7:  “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

Since budgets, revenue and allocations are inseparably linked, budgets are to originate in the House although the Senate may propose amendments. The President can make budget recommendations to Congress under Section 2 of the Constitution.

Article 2.3.1:  “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;”

The undisciplined and often unconstitutional methods of budgeting, allocating funds and raising revenue are a primary culprit in our present financial crisis.

Congressional authority for taxing and spending is further explained in section eight, Article I.

Article 1.8.1:  The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States;

1.8.2:  but all Duties, Imposts and Excises shall be uniform throughout the United States;

1.8.3:  To borrow Money on the credit of the United States;

Here Congress is given the power to tax and spend for three specific purposes; pay debts, provide for the general welfare and common defense. This is followed by a list of sixteen specific items for which revenue may be raised and spent, clarifying the general phrases “general welfare” and “common defense”.

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One of the ways Party leaders ensure their choice of candidates for President and Vice President is to manipulate primary dates in violation of Article II of the Constitution. When we cast our votes in a primary election, we are actually voting for an Elector, and only indirectly for the candidate that Elector is pledged to support in the Electoral College. By manipulating the dates on which primaries are held, party leaders are able to influence the outcome through the power of suggestion, with support building for candidates who appear to have the most popular appeal. Article II, Section 1, clause 16, was included in the Constitution specifically to prevent prior voting by one state from influencing the votes in other states.

Article 2.1.16:  “The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

This clause is a single compound sentence broken only by a semicolon. The rules of English indicates that the Framers intended for the “time of choosing the Electors” and the “day on which they shall give their votes” to be on the same day respectively. The primary system and the primary dates are the creation of Political Parties and not the Constitution. The current primary system often results in candidates being chosen that do not represent the real choice of the voters.

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Article3.2.9:  In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction.

This clause gives the Supreme Court original jurisdiction over cases in which a state is one of the parties involved. However, due to the number of cases involving states because of the federal government’s overstepping of its Constitution role, for efficiency, cases involving states are handled in the same way any other federal lawsuit is handled; they are first heard in district courts, then appealed to the appellate courts, and eventually to the Supreme Court. We currently have several cases involving states winding their way through the court system; involving immigration, Obama care, and several other matters. Meanwhile the Constitutional issues these cases relate to continue unabated. The Constitution does not give either Congress or the Supreme Court the authority delegate these cases to a lower court.

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One of the functions of the Executive Branch is to enforce the federal laws through the Justice Department.

Article 2.3.4:  [the President] shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The Obama Justice Department picks and chooses the laws it will enforce and ignores those the President disagrees with.  The most obvious laws that Obama refuses to enforce are immigration laws.

4.4.1 The United States shall guarantee to every State in this Union a Republican Form of Government,

4.4.2 And shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

By any definition, the yearly influx of illegal immigrants into the U.S. amounts to an invasion. Although “invasion” does not necessarily need to involve a foreign military, there have been several instances where foreign military have invaded U.S. territory while the Justice Department does nothing. There have been many instances where armed criminals have invaded our territory and committed murder and kidnapping, again with only a cursory response from the federal government. Example, instead of supplying protection to the State of Arizona when requested, and as the Constitution Demands, the Justice Department brought suit against the state for attempting to enforce the law themselves.

These are just some of the illegal acts committed by the federal government against the original Constitution. When we add violations of the Bill of Rights and other Amendments, the list becomes too long to discuss in detail in a blog post. They would include violation of the First Amendment guaranteeing freedom of religion, expression and assembly; the Second Amendment guaranteeing the right of self-defense; Amendment Four protecting against illegal searches and seizures; and Amendment Five, the double-jeopardy Amendment. Last and most important is the constant and continuing violation of Amendment Ten.

Amendment 10-0:  “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.”

Who Enforces The Constitution?

By Jerry McDaniel

The number of people calling for Constitutional Amendments and Conventions seems to be growing along with America’s increasing dissatisfaction with Barack Obama and the direction his administration is taking the country. I have never quite understood the call for adding more amendments to the Constitution, but since so many of our fellow citizens seem to think that would solve our problems, why not give it a try.

We could start with an amendment listing what it is that we want the government to do for us, and then we could add one forbidding them to pass laws not related to those functions. How about one that says government cannot tax us except for what is necessary to carry out the functions listed? While we are at it, why not pass an amendment allowing us to keep firearms for the protection of our families and perhaps even allowing us to carry them when we go out in public? We could also pass an amendment forbidding government to interfere with our right to express our own mind when it comes to politics and religion. In fact, we could just tell the government our religious practices are none of its business. We could also pass an amendment that allows only Congress to make law, not the President, bureaucrats or judges.

My point is that calling for more constitutional amendments is like Mayor Daley of Chicago asking for more gun control laws to control crime. It is obvious that criminals who commit crimes with firearms are not particularly intimidated by laws against robbery, murder, assault and so on. So why would we expect them to be intimidated by more laws against guns. The same thing applies to adding more amendments to the constitution in the hope that they will in some way influence what government does. Adding another amendment to the Constitution is simply adding another law to regulate government to those already contained in the Constitution.

Any law is effective only when there is a very real likelihood that a penalty will be exacted for its violation. When the criminal knows there is little chance of their being punished for what they do, the fact that it is illegal will not prevent them from committing the crime. The same thing is true with members of government. The Constitution, along with its amendments is the law for government; therefore it applies mainly to politicians and government officials. The only penalty for its violation is removal from office, either through impeachment or through the ballot box. Expecting Congress to impeach its members for violating the Constitution is like deputizing Jesse James to apprehend train robbers or John Dillinger to arrest bank robbers.

The reason illegal immigration is the problem it is today is because those who are responsible for enforcing immigration law are not doing their job. Most thinking Americans realize that simply adding more laws will not correct the problem. The reason government’s violation of the Constitution is the problem it is, is because those responsible for enforcing it are not doing their job. Virtually every elected official who has been in office for any length of time is guilty of violating the Constitution. It is a crime to violate the Supreme Law of the Land, and yet, ninety to ninety-five percent of all incumbent politicians are returned to office by the voters to continue their criminal activities.

It is not the role of the Supreme Court or the Justice Department to enforce the Constitution any more than it is responsibility of drivers to enforce traffic laws. It is their duty to follow the law not to enforce it. When it comes to the enforcement of the Constitution, we, as voters, are the Prosecutor, Jury, Judge and Executioner. We are solely responsible for enforcing the rule of law on government. Until the American people realize and accept this fact, we can add all the amendments we want to the Constitution and it will make no difference. As long as we shirk our duty as the watchdogs of government, we have no right to expect someone else to do our work for us.

The voters of Arizona, while bemoaning the out-of-control problem with illegal immigration, again nominated John McCain as their candidate for Senate in the November elections. McCain has been one of the leading advocates for “comprehensive immigration reform” and amnesty for years. Illinois voters nominated progressive Mark Kirk as their candidate, again one of the most constitutionally criminal republicans on the ballot. Are we really sincere when we demand a return to Constitutional government and then go into the voting booth on Election Day and vote for a candidate that we know from experience, will not honor his oath of office and defend the Constitution?

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It’s Time To Retire Both Political Parties: Part II

The two-party system that has been in place for most of our existence as a nation has not served us well. For over a century, we have been moving inexorably toward the abyss of national socialism under the American pseudonym of “progressivism”. It has made little difference which political party has been in power. Under the Democrat Party, we move faster and under the Republican Party, we move slower, but always in the same direction. Now we find ourselves at the very brink of the abyss.

Most of us have been unaware of the perilous path down which our national leaders have been leading us. The election of Barack Obama and the introduction of one socialist policy after another by him and his progressive Democrat followers has brought the problem into sharp focus. For the first time in their life, millions of Americans are paying attention to the direction we are going and beginning to weigh the consequences. Anger and frustration has become the normal daily state of an ever-growing number of our people. The most frequently asked question is, what can we do to turn things around? How can we stop the seemingly unstoppable rush into socialism?

It is easy to blame, Obama, Reid, Pelosi, Durbin, et al. A little reflection, however, points to another mostly unrecognized culprit. As already pointed out, we have been moving in the same direction for more than a hundred years. There is not an official in government that has been in office for that length of time. Presidents, Senators and Congressmen come and go while the condition continues to worsen. It is not the people in power that causes our problem— although they are certainly culpable and need to be held accountable — the real problem is the system itself. We have allowed ourselves, over the years, to become subjects of the Republican or Democrat Parties.

The last two elections have shown just how tyrannical these parties have become.  Two examples stand out, the nomination of John McCain for President in ‘08, and in Illinois, the nomination of Mark Kirk for Senate in this election. If you need further proof, consider the bills that have been passed and signed during this Congress, against the will of the people. If you need still more proof consider the situation with illegal immigration, particularly in Arizona. Decisions are made by members of the Party establishment and millions of dollars are targeted at the voting public to get them to “rubber stamp” the Party’s decision. All too often it works, albeit often against the best interest of the Country.

We are always going to have political parties and I am not suggesting that we get rid of them. However, the Republican and Democrat Parties have become too powerful, have too much control over government at all levels, and have strayed too far from our founding principles, for us to allow the status quo to continue. Both parties must be stripped of their power for the good of the country and the survival of the Republic. If that suggestion seems too radical for some, consider that the founding documents are devoid of any reference or foundation principle to justify the prominence either Party has in the running of our government today.

The good news is that reforming our political system does not require an Amendment to the Constitution. Primary elections, winner-take-all outcomes, and the nominating processes, are all extra-constitutional and in some cases unconstitutional. Ostensibly, the political customs and traditions developed over the years are for the convenience of the voters. In reality, they are designed to secure the power of the respective political parties. The timing and order of primaries, the gerrymandering of Congressional Districts, the hurdles aspiring candidates are forced to go through and a host of others are all designed to provide job security to incumbents and protect the Party in power.

A relatively small number of major changes could correct our electoral system and bring it in line with the Constitution and intent of the Founders. A similar small number of changes in the way Washington does business would return us closer to the model of government left to us by the Founders.

Electoral Process

The tradition of primary elections has no basis in the Constitution. Primaries are completely and solely for the benefit of political parties for the purpose of deciding on a single candidate for each office to appear on the ballot in the general election. The winner take all policy adhered to by most states is also not required by the Constitution. The Constitution does not require a majority vote for the offices of Representative or Senator. However, the Constitution does not preclude the states from requiring a majority vote for those offices. For those states choosing a majority requirement, a second runoff election could be held among the top vote getters for each office, similar to the process prescribed in Article II for choosing a President and Vice President by Congress when there is no Electoral College majority.

If we followed the spirit and letter of the Constitution and applied the electoral model put forth in the election of a President, to other elective offices, it would simplify the election process and more than likely, result in better representation. While the Constitution allows the states to determine the manner in which electors are chosen or appointed, it also allows Congress to set the time of choosing electors and the day on which they shall vote. Article II, Section 1, clauses 16 and 17 reads,

“The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

Traditionally, the time for choosing Electors is a multi-step process, not sanctioned by the Constitution. Electors are first chosen in the primaries and advance to the party convention. The convention delegates then usually take the candidate with the highest number of Electoral College votes pledged to him or her in the primaries nationwide and declare that person to be their candidate for the general election. This step requires a percentage of the Electoral College candidates to change their pledge from the candidates for whom citizens voted, to the Party‘s ultimate selection. (Note: the name appearing on the primary ballot is the candidate running for office, but the real candidate is the Electoral College candidate pledged to vote for that candidate, not the candidate himself or herself.) This process is not only highly confusing to voters but is constitutionally suspect in its legality, if not downright unconstitutional.

A major factor in choosing Electoral College Candidates is the timing sequence of the various primaries, taking advantage of the “lemming” factor, the popularity of the candidates building on the outcomes of each succeeding primary. The wording of the Constitution clauses quoted above may allow each state to choose their electors on a different day. However, the normal understanding would be that all states should do so on the same day, just as the day on which they actually vote is required to be the same nationwide. The nation would be better served if the primary process were done away with and a general election day determined on which candidates for state, local, and Congressional offices, and Electoral College members were elected. If runoffs are required for various offices, those elections could take place on the same day the Electoral College meets to vote.

Summation: Under this process, a single “election day” would be held nationwide. Candidates for state and local offices would be elected as well as members of Congress and Electoral College members. Party affiliation would not appear on the ballots and would not be a factor in voting. The practice of substituting the names of candidates for President and Vice President for the Electoral College candidates would still be permitted as a service to the voters. Any required runoff elections may or may not be held in conjunction with the day the Electoral College votes.

This reform alone in our election process would remove much of the power from the two major parties and make it much easier for alternative parties to form and be counted.

To be continued in future posts…

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The Death of Federalism

Federalism is dead in America; its Constitution on life support. With Barack Obama in the White House and progressive democrats in control of Congress, the left’s centuries old goal of a consolidated government has finally been realized. With federalism gone, the Constitution becomes little more than an interesting historical artifact to be marveled at by historians and academicians. The experiment of enumerated powers and state sovereignty no longer has any relevance in American politics.

For over two hundred years, the one defining characteristic of the American psyche has been a desire for independence and its natural twin, liberty. It was to secure and maintain this independence that the Declaration of Independence, the Articles of Confederation and the Constitution were written and published to the world. Thomas Jefferson, writing what he considered to be “an expression of the American mind” wrote in the concluding paragraph of the Declaration of Independence, these words:

“We, therefore, the  Representatives of the united States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these Colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.”

For more than a hundred and fifty years, the Colonies had considered themselves as independent colonies, governed by laws of their own making, under the protection of the British Crown. Their relationship with the British government as expressed through its Parliament had always been tenuous at best. It was the increasing encroachment on the colonies independent status by Parliament that eventually led to the break with Great Britain and the Revolutionary War.

It is interesting to note that in the original copy of the Declaration of Independence on display in the Rotunda for the Charters of Freedom in Washington, D.C., and in most published copies of the Declaration, the word “united” in the first line of the final paragraph is not capitalized. It is “united States of America” not “United States of America”. The significance of this minor detail is in the type of union the Colonies envisioned. Also, notice that states never appears in the singular, always the plural. Compare the plural word “states” as used in our founding documents with the singular title, “State of Great Britain”. The colonies were “united” in their independence from England and they were “united” in defense. They did not consider themselves to be, and did not contemplate becoming a single consolidated “State” government.

The government later established under the Articles of Confederation was anything but a united, state government. In fact, the Articles were primarily concerned with mutual defense and international commerce. Article Two specifically precludes any type of central authority over the states other than the few specified.

Article Two
“Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.”

This spirit of independence held by the states was carried over in the Constitution and was the principle underlying the list of enumerated powers in the Constitution and the prohibition of encroachment by the national government on the liberties of its citizens, by the Bill of Rights, especially the Tenth Amendment. The states would never have ratified a Constitution calling for a central consolidated government. The highly venerated Federalist Papers were written primarily to convince the inhabitants of the various states that such a consolidated government could never develop under the Constitution. As it turns out, Hamilton, Jay and Madison severely underestimated the ingenuity of politicians on a quest for power, and the fears of the anti-federalist who opposed the Constitution have been proven by history, to be valid.

The difference between a “federal government” and a “national government” is more than just a matter of semantics. The national government envisioned by the present administration, regulating a centrally planned economy and regulating the private and collective lives of American citizens cannot be accomplished without uniform national laws and despotic enforcement. This fact has been made manifest by the recently passed and proposed regulatory bills of this administration concerning health care, finance, manufacturing, energy, etc. It is further manifested in the ongoing court cases in Arizona, California, Virginia and some dozen other states concerning immigration, gay marriage, energy production, etc.

The Constitution is a static document. Its words do not change with the calendar. If we are successful in taking back control of the government in the next two elections, there is hope for the restoration of limited constitutional government. However, federalism is dead. Nationalization of the central government has advanced to the point it can never be restored to the status of a federal government without major social upheavals that would never be condoned by the people. The best we can hope for is a modified national government with the gradual elimination of some if its more egregious encroachments.

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The Mystery Of SB1070

I’m stymied. For days, I have been pondering the question of why United States vs. State of Arizona was filed in Federal District Court in Arizona instead of the Supreme Court in D.C. I cannot come up with a reasonable answer. Is the fact so obvious that the District Court has no jurisdiction in this case that everyone assumes that everybody connected with the case must be aware of it, and therefore, there must be a valid reason why the case was filed in a District Court instead of before the Supreme Court?

According to the American Bar Association, there were 1,143,358 lawyers in the U.S. at the end of 2007. My guess is that thousands of them have had some exposure to the U.S. Constitution at some time during their career. Many of them may have actually read it, and some of them are surely intimately familiar with its requirements. Yet, from what I can find out, only one lawyer, a retired attorney in Tennessee has raised the question. In an article in the Canada Free Press, Publius Huldah asserts that only the Supreme Court has the authority to hear the Case involving Arizona and its law, SB1070.

Ms. Huldah bases her theory on Article III, Section 2 of the U.S. Constitution which reads.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

The Framers intent and purpose is expressed so concisely and clearly in this clause, it is hard to imagine that even the most skilled lawyer could find a loophole invalidating its meaning. This clause is not affected by the Eleventh Amendment giving states sovereign immunity from suits brought by citizens of other states or countries in federal courts. In fact, this clause has never been amended under the Article V process.

By trying this case before a lower court judge rather than before the Supreme Court, as the Constitution requires, the status of state legislatures and the states in general, is significantly diminished in relation to the federal government. By precedent, it further damages the concept of federalism and state sovereignty. More importantly, it marks the end of Constitutional government in the United States. I cannot think of any case in which the clear wording of the Constitution has been so brazenly ignored.

In most instances of judicial activism, hidden meanings, nuances, or heretofore-undiscovered meanings or principles, are found in the Constitution to lend some justification to the court’s activism. This clause does not lend itself to such speculation. To make matters worse, Governor Brewer has indicated a willingness to “tweak” the law in order to make it more palatable to the federal government.

It seems to me, the best course of action by Arizona would be to simply ignore the ruling of the lower court and continue with its plans for enforcement. Doing so would not be in defiance of “the rule of law”; to do otherwise will be. Since the Constitution is the ultimate authority for or against actions by the federal government, to submit to the authority of a lower court in this case is a denial of constitutional law. If there is no constitutional law there is no law, period; and without law, there can be no liberty.

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Another Shot To The Left Foot

Fortunately for America, the left keeps shooting itself in the foot; this time, with said foot firmly implanted in its mouth. I am talking, of course, about the ruling on Wednesday by activist judge Sarah Bolton on Arizona’s SB 1070 immigration bill. While her ruling might seem to be a setback for patriots opposed to the open borders policy of the Obama Administration, it does stoke the fire in the belly of conservatives and other patriots everywhere. If nothing else, the left seems intent on keeping the passions of patriots white hot until the November elections. We need to thank them for that.

More than 70% of the voters support Arizona’s law and a majority of voters nationwide wants their Legislatures to pass similar laws. That is a large voting block for the left to alienate, and is another bone-headed action that could help lead to the destruction of the Democrat Party in the coming two election cycles.

While the court’s ruling is only a temporary injunction until the full case in presented in court, it does for the time being, neuter the Arizona law. The court forbade the police from questioning the immigration status of suspects picked up on other charges. It also prohibited the enforcement of the federal requirement that immigrants have their immigration papers on their person at all times. It also struck down the part of the law dealing with the illegal immigrant’s ability to seek employment and perform work. It leaves in place, however, the right to bring civil suit against sanctuary cities that refuse to allow enforcement of immigration law in their jurisdiction.

Drug dealers, rapists, muggers, carjackers, and so forth can now be bailed out and put back on the street instead of being turned over to ICE for processing and possible deportation, as has been the custom. I suppose that if an illegal immigrant flags down a police car and confesses to being an illegal immigrant, the officer can still provide taxi service to ICE headquarters, although that might be risky since the illegal can always change his mind and claim the officer demanded his “papers”.

This is by no means the final chapter in Arizona’s fight against illegal immigration. All eyes are now on Sheriff Arpiao to see what he will do. He already has a planned crime and immigration sweep scheduled to take place regardless of the outcome of the court case today. Some have suggested that Arizona officials ignore the court ruling and continue with its enforcement plans. This would trigger a constitutional crisis and no one knows what the outcome would be. Frog marching Governor Brewer out of the Governor’s Mansion would certainly be an attention grabber guaranteed to provide at least a couple of day’s material for our friends in talk radio and the talking heads on TV. Even members of the MSM like the New York Times and MSNBC would find it hard to ignore. The next few days are going to be quite interesting.

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