How Do We Get Rid Of Obamacare? Nullify It! : Freedom Outpost

How Do We Get Rid Of Obamacare? Nullify It! : Freedom Outpost.

by

obamascareWe are Americans. We are resourceful. When doors are slammed in our faces, we find another way. Since five (5) lawless judges on the U.S. supreme Court betrayed us by failing to declare the Patient Protection and Affordable Care Act (“obamacare”) unconstitutional; since we may be stuck with obama for four more years; 1 and since a democrat-controlled U.S. Senate will not repeal obamacare, we must find another way.

There is another way. Here it is, and it comes from Thomas Jefferson, author of the Declaration of Independence.

Nullification Resolutions for State Legislatures

1. Resolved, That The States composing the United States of America are not united on the principle of unlimited submission to the federal government; but that, with the Constitution for the United States, they established a federal government for limited purposes only. That they delegated to this federal government only limited and enumerated powers; and reserved, each State to itself, all remaining powers, along with the right to their own self-government.

That whenever the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force.

That to these Principles, each State agreed as a State, and as The Parties to the Constitution.

That the federal government is not a party to the Constitution, but is merely the creature of the Constitution; and as the mere creature, was not made the exclusive or final judge of the extent of the powers delegated to it; since that would have made the creature’s will, and not the Constitution, the measure of its powers. That as in all other cases of compact among powers having no common judge, each State has an equal right to judge for itself as to whether the creature has committed infractions, and as to the mode and measure of redress.

2. Resolved, That Art. I, Sec. 2, of the Constitution of The State of Tennessee acknowledges the Principle that the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.

3. Resolved, That in the Constitution of the United States, THE PEOPLE ordained and established a Federation of Sovereign States which united only for THE LIMITED PURPOSES enumerated in the Constitution: national defense, international commerce and relations; and domestically the creation of an uniform commercial system: Weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, mail delivery and road building. That the 10th Amendment to the Constitution also declares that “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.”

That nowhere in the Constitution of the United States was any power granted to Congress to make laws respecting the medical care of THE PEOPLE; and that nowhere in the Constitution are powers over this matter prohibited to The States.

4. Resolved, That Art. I, Sec. 1 of the Constitution of the United States provides that all legislative Powers granted by that Constitution are vested in CONGRESS; therefore, Departments within the Executive Branch are forbidden to make any “rules” or “laws” of general application whatsoever.

That administrative rules being promulgated by the Department of Health and Human Services, one of the executive Departments of the federal government, to be set forth in Title 45 of the Code of Federal Regulations, and which pretend to regulate the medical care of THE PEOPLE throughout the several States; are altogether void, and of no force, as in violation of Art. I, Sec.1, of the federal Constitution.

That as matters pertaining to the “medical care”, “health”, and “human services” of THE PEOPLE are nowhere delegated to the federal government by the federal Constitution; but are among the countless multitudes of matters reserved to The States or THE PEOPLE; the federal Department of Health and Human Services is itself an unlawful Department, and its mere existence an affront to the Constitution; and all of the powers it exercises are usurped powers as outside the scope of the powers delegated to the federal government by our Constitution.

That if the pretended “rules” of this spurious federal Department should stand, these conclusions would flow from them; that unelected bureaucrats within the Executive Branch of the federal government may force upon The States, THE PEOPLE, the medical profession, and The Churches their own ideas of what others must and must not do in the area of medical care; and may force upon them their own ideas of what medical treatments each person shall be provided or denied.

That this spurious federal Department will further send out swarms of officers to trespass upon hospitals, doctors’ offices, other places of provision of medical care, and premises of religious institutions, to harass providers of medical services, dictate to them as to what specific medical treatments they must provide and are forbidden to provide to their patients.

To this abomination is added the additional affront that the objects of these pretended “rules” are altogether outside the scope of the enumerated powers THE PEOPLE delegated to the federal government in our Constitution.

That the Departments within the Executive Branch of the federal government have established a pattern of unlawfully functioning as legislators, when they write “agency rules”; as executives, when they investigate and prosecute violations of “agency rules”; and as judges and juries when they decide whether violations of their “agency rules” have occurred and impose punishment. Thus the Executive Branch unlawfully functions as legislator, accuser, judge & jury, in violation of the Constitution and of the Principles of Separation of Power and of Checks and Balances.

5. Resolved, That all aspects of the medical care of THE PEOPLE, not being anywhere delegated to the United States by the Constitution, or prohibited by The Constitution to The States, are reserved to The States respectively, or to THE PEOPLE. Therefore, power over this matter is reserved solely and exclusively to the respective States and THE PEOPLE, each within its or their own territory.

6. Resolved, That to take from The States all the powers of self-government and to transfer all powers to a general and consolidated national government, in defiance of the Constitution which was ordained and established by THE PEOPLE, is not for the peace, happiness or prosperity of THE PEOPLE.

Therefore This State is determined to refuse to submit to undelegated powers exercised over them by the federal government; and rejects altogether the notion that the federal government may exercise unlimited powers over them.

That in cases of an abuse of the delegated (enumerated) powers, the members of the federal government, being chosen by the people, a change by the people would be the constitutional remedy.

But, where powers are usurped which have not been delegated to the federal government – when the federal government acts outside of, and in defiance of, the federal Constitution by exercising powers not delegated to it by that Constitution; then a nullification of the unlawful act is the rightful remedy.

Thus every State has a natural right – which pre-dates & pre-exists the federal Constitution – to nullify of their own authority all such lawless assumptions of power within the boundaries of their State. That without this pre-existing natural and original right, they would be under the dominion, absolute and unlimited, of whoever in the federal government chooses to exercise tyrannical powers over them.

The States alone are The Parties to the compact; and thus are solely authorized to judge in the last resort of the powers exercised under it. Congress, the Executive Branch, and the Judicial Branch are not parties to the contract; but are merely the creatures of the compact (Federalist No. 33, 5th para). As mere creatures, they may exercise no powers other than those enumerated powers specifically delegated to them.

7. Resolved, That the misconstructions long and unlawfully applied by the federal government to the so-called “taxing”, “general welfare”, “interstate commerce”, and “necessary and proper” clauses, to the effect that these clauses bestow unlimited powers on the federal government, goes to the destruction of all limits prescribed to their powers by the federal Constitution. That the true and genuine meaning of those clauses is as follows:

a) The “taxing” and “general welfare” clauses: Art. I, Sec. 8, cl.1, employs “general terms” which are “immediately” followed by the “enumeration of particular powers” which “explain and qualify”, by a “recital of particulars”, the general terms. It is “error” to focus on the “general expressions” and disregard “the specifications which ascertain and limit their import”; thus, to argue that the general expression provides “an unlimited power” is “an absurdity” (Federalist Paper No. 41, last 4 paras).

The federal Constitution declares that “the power of Congress…shall extend to certain enumerated cases. This specification of particulars…excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended…” (Federalist No. 83, 7th para).

b) The “interstate commerce” clause: “Commerce” is the buying and selling of goods – only that and nothing more. Webster’s American Dictionary (1828) says “commerce” is:

“an interchange or mutual change of goods, wares, productions, or property of any kind, between nations or individuals… by barter, or by purchase and sale; trade; traffick… inland commerce…is the trade in the exchange of commodities between citizens of the same nation or state.”

Federalist No. 22 (4th para), Federalist No. 42 (9th &10th paras), Federalist No. 44 (at 2.), and Federalist No. 56 (5th & 6th paras), explain the two purposes of the “interstate commerce” clause: (1) to prohibit the States from imposing tolls and tariffs on articles of import and export – goods & commodities – merchandize – as they are transported through the States for purposes of buying and selling; and (2) to permit the federal government to impose duties on imports and exports, both inland and abroad.

Article I, Sec. 8, cl.1; Art. I, Sec. 9, cls. 5 & 6; and Art. I, Sec.10, cls. 2 & 3, of the federal Constitution give express effect to these two purposes of the “interstate commerce” clause.

c) The “necessary and proper” clause: This clause merely delegates to Congress the power to pass laws necessary and proper to execute its declared powers (Federalist No. 29, 4th para); a power to do something must be a power to pass all laws necessary and proper for the execution of that power (Federalist No. 33, 3rd para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article” (No. 33, 2nd para); and thus the clause is “perfectly harmless”, a tautology or redundancy” (No. 33, 3rd para). Madison writes to the same effect in (Federalist No. 44, at 1.).

The clause merely permits the execution of powers already delegated and enumerated in the federal Constitution. No additional substantive powers are granted by this clause.

8. Resolved, That contrary to the misconstructions long and unlawfully applied by the federal government, the federal Constitution is one of enumerated powers only:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people.” (Federalist No. 45 , 9th para)

“…the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects…” (Federalist No. 39, 3rd para from end)

“…the general [federal] government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects…” (Federalist No. 14, 8th para)

“…It merits particular attention … that the laws of the Confederacy [those made by Congress], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land…Thus the legislatures, courts, and magistrates, of the respective members [the States], will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS…” [caps are Hamilton’s] (Federalist No. 27, last para).

That The Federalist Papers – and not the U.S. supreme Court – is the highest authority and evidence “of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning”. 2 The supreme Court is merely a creature of the Constitution and is completely subject to its terms; and when judges on that and lower federal courts – who serve during “good Behaviour” only (Art. III, Sec. 1, cl. 1) – usurp powers, as they did with their lawless opinion upholding Obamacare, they must be impeached and removed from office (Federalist No. 81, 8th para).

9. Resolved, That those within the Legislative, Executive, and Judicial Branches of the federal government are sweeping away all the barriers of our Constitution; and that no ramparts now remain against their unbridled and insatiable lust for power over THE PEOPLE except for The States.

That if The States do not now resist all such blatantly unlawful usurpations of power, THE PEOPLE of their States will be delivered into abject slavery subject to the unbridled control of whosoever occupies the office of President. Our Representatives in Congress have shirked their constitutional obligation to support the Constitution (Art. VI, cl. 3), by acquiescing in the blatant usurpations by the Executive Branch; and have failed in their duty to impeach and remove those within the Executive Branch who usurp powers (Federalist No. 66, 2nd para, and No. 77, last para). That the supreme Court long ago took the side of those who seek to exercise unlimited control over The States and THE PEOPLE; and that Congress has failed in its duty to impeach and remove federal judges who usurp powers (Federalist No. 81, 8th para).

That pursuant to Art. VI, cl. 3 of our federal Constitution, all State legislators, State Officers and State Judges take a solemn Oath to support our federal Constitution. Therefore, they are bound by sacred Oath to protect THE PEOPLE of their States from the usurpations of the federal government whose clear object is the establishment of an absolute Tyranny over the States and THE PEOPLE.

That our Framers anticipated the dangers we now face and provided wise counsel for such a time as this. Federalist No. 28 (last 5 paras) states that when “the representatives of the people betray their constituents”, the people have no recourse but to exert “that original right of self-defense” [The Declaration of Independence, 2nd para], against “the usurpations of the national rulers” (5th para from end).

That in a Federation of States united under a federal government for only limited purposes,

“…the people… are…the masters of their own fate. Power being almost always the rival of power, the general [federal] government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress…” (4th para from end)

Thus, THE STATE LEGISLATURES are the ultimate bulwark of The People and The Ultimate Human Protectors of our Constitutional Republic:

“It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.” (3rd para from end)

The last paragraph of Federalist No. 28 recognizes that when the federal government seeks

“… a despotism over the great body of the people … [the people] are in a situation, through the medium of their State governments, to take measures for their own defense…”

10. Resolved, That because men are corrupt and may not be trusted with power, the federal Constitution fixed the limits to which, and no further, the federal government may go. Would we be wise if we permit the federal government to destroy the limits the Constitution places upon its powers? Would we be wise if we permit unelected bureaucrats in the Executive Departments of the federal government to regulate every aspect of our lives?

That if those who administer the federal government be permitted to transgress the limits fixed by the federal Constitution, by disregarding the limits on its powers set forth therein, then annihilation of the State Governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence.

That the several States, being sovereign and independent, have the unquestionable right to judge of infractions to the federal Constitution; and that nullification by those Sovereign States of all unauthorized acts of the federal government is the rightful remedy.

THEREFORE, This State, recurring to its natural rights in matters outside the scope of the powers delegated to the federal government, declares Obamacare void, and of no force, and will take measures of its own for providing that neither that act, nor any others of the federal government not plainly and intentionally authorized by the Constitution, shalt be exercised in any manner whatsoever within This State.

Notes:

1. The above is patterned on Thomas Jefferson’s various writings on nullification, including The Kentucky Resolutions of 1798, written by him in response to the alien and sedition acts passed by Congress which purported to grant to the President tyrannical powers with respect to aliens & “seditious” words.

2. These Resolutions focus on an Act of Congress and administrative rules being made by a Department within the Executive Branch of the federal government. This Model may be easily adapted to address Executive Orders which are outside the scope of the President’s enumerated powers; and supreme Court opinions which exceed their enumerated powersand disregard the federal Constitution, such as their lawless rulings upholding Obamacare, banning public expressions of the Faith of Our Fathers in order to convert us into a secular humanist State, and misapplying Sec. 1 of the 14th Amendment in order to undermine the morals of the People and destroy the residuary sovereignty of The States.

3. Several attorneys, historians, and others who claim special knowledge on this subject have asserted that States have no right to nullify anything the federal government does; that The States and The People must submit to the federal government no matter what it does; that only the federal government may question the federal government; that the federal government created by the Constitution is the exclusive and final judge of the extent of the powers delegated to it; and the opinion of five supreme Court judges, not the Constitution, is the sole measure of its powers.

Such people may not understand the distinction between abuses of delegated powers (e.g., unwise bankruptcy laws – Art. I, Sec. 8, cl. 4), for which election of better Representatives is the answer; and usurpations of powers which have not been delegated and are thus outside the lawful reach of the federal government (e.g., Obamacare), for which nullification is the proper answer. When any branch of the federal government steps outside of the Constitution to make laws or “rules” or issue “orders” or “opinions” which exceed their delegated powers; The States must resort to those original rights which pre-date & pre-exist Our Constitution to nullify such usurpations by the federal government of undelegated powers.

4. Others who claim special knowledge on this subject insist that a single State may not nullify any act of the federal government; that only a majority of States acting in concert may do so.

They overlook (among other things) the nature of the laws protested in the Kentucky & Virginia Resolutions. Those Resolutions addressed laws made by Congress which purported to grant to the President certain dictatorial powers over “aliens” and “seditious words”. The States have no means of stopping the President from enforcing such laws since the President has the raw power to send out armed thugs to arrest people by night; and then to prosecute, convict, & execute them in secret tribunals and chambers. The States may object – but they can’t stop it. The supreme Court may denounce it, but can’t stop it. Only Congress can put an end to it by repealing its usurpatious law and by impeaching & removing a usurping President (Federalist No. 66, 2nd para & No. 77, last para).

But when Congress by means of a law (which is outside the scope of its delegated powers); or the President by means of an executive order (which is outside the scope of his delegated powers); or federal executive departments by means of administrative rules (which they are altogether prohibited by Art. I, Sec. 1 from making); or the supreme Court by means of opinions which contradict Our Constitution; purport to require THE STATES or THE PEOPLE and THE CHURCHES to do something, or stop doing something, then of course THE STATES – on an individual basis – have both the POWER and the DUTY (imposed by their Art. VI, cl. 3 Oaths of Office) to nullify such usurpatious acts within the boundaries of their States.

These Model Resolutions set forth the Authorities on which they are based, so that State Legislators and Citizens may propose them in their State Legislatures with complete confidence that Our Framers “have their backs”. PH

Endnotes:

1 We can get rid of him earlier if we send enough people to Congress in 2014 with the spine to impeach & convict him and Biden. The Federalist Papers (cited above) are clear that Presidents should be impeached & removed for usurpations of power.

2 See the Minutes of March 4, 1825 of the Board of Visitors of the University of Virginia (Thomas Jefferson & James Madison were present) where they voted to make The Federalist Papers one of the texts books for the Law School:

“Resolved that it is the opinion of this board that as to … the distinctive principles of the government of our own state, and of that of the US. the best guides are to be found in 1. the Declaration of Independence, as the fundamental act of union of these states. 2. the book known by the title of `The Federalist’, being an authority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning. 3. the Resolutions of the General assembly of Virginia in 1799. on the subject of the Alien and Sedition laws, which appeared to accord with the predominant sense of the people of the US. 4. the Valedictory address of President Washington, as conveying political lessons of peculiar value. and that in the branch of the school of Law, which is to treat on the subject of Civil polity, these shall be used as the text and documents of the school.” [pages 82-83, boldface added]. PH

 

Would States Secede to Protect Their Citizens? – Tea Party Nation

Would States Secede to Protect Their Citizens? – Tea Party Nation.

By Alan Caruba

Many, if not most, Americans are unaware that the nation is composed of separate republics with their own constitutions. They are, of course, the individual states.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved respectively, or to the people.” – Tenth Amendment

By tying compliance with federal laws and regulation to receiving funds, the states have been coerced to accept programs that limit freedoms enumerated in the Constitution and the passage of Obamacare is but one example. Some twenty states have refused to set up the mandated insurance exchanges. Obamacare grants the government complete control over the provision of medical care that every American has formerly received from the free market health system that it destroyed. It gives the federal government control over our lives in terms of who lives or dies.

As noted on the website of the Tenth Amendment Center: “The Founding Fathers has good reason to pen the Tenth Amendment.”

“The issue of power – and especially the great potential for a power struggle between the federal and the state governments – was extremely important to the America’s founders. They deeply distrusted government power, and their goal was to prevent the growth of the type of government that the British has exercised over the colonies.”

“Adoption of the Constitution of 1787 was opposed by a number of well-known patriots including Patrick Henry, Samuel Adams, Thomas Jefferson, and others. They passionately argued that the Constitution would eventually lead to a strong, centralized state power which would destroy the individual liberty of the People. Many in this movement were given the poorly-named tag ‘Anti-Federalists.’”

“The Tenth Amendment was added to the Constitution of 1787 largely because of the intellectual influence and personal persistence of the Anti-Federalists and their allies.”

Their worst fears are coming true as the nation heads into 2013. In just four years, the Obama administration, through its profligate borrowing and spending, has brought the nation to the brink of financial collapse and, as we have seen, the refusal of the President to negotiate anything than the current Band-Aid to avoid the “fiscal cliff” for another two months, has brought the nation to a point where the collapse of the U.S. dollar is not just imminent, but likely.

When that occurs the individual states may elect to secede in order to avoid having the federal government nationalize their National Guard units or take control of their state police to enforce whatever measures it might take to control the population. Individual state law enforcement authorities in cities and towns would need similar protection. Reportedly, massive amounts of funding have been directed to them to ensure their cooperation.

It would be a means to protect their citizens insofar as state constitutions grant the same rights as found in the Constitution’s Bill of Rights. It would not surprise me to see Texas lead the way. Others would follow.

You know things are bad when historians like Arthur Herman, writing on the January 3 Fox News, says that “Washington’s Republicans and Democrats alike have become the toll collectors on the road to serfdom.” Citing recent riots in Argentina, Herman said that “Argentina reveals who really suffers when those who create a nation’s wealth get mugged by those who spend it—as just happened this week in Washington.”

If the private sector manages to rally this year, it may buy some time before the midterm elections in 2014. A letter to the editor in the Minneapolis Star-Tribune summed up the problem neatly. “Let’s look at what we have learned from this election: Twenty-one of 22 incumbent senators were re-elected, and 353 of 373 incumbent members of the House were re-elected. The American people have re-elected 94 percent of the incumbents who were running for re-election to an institution that has an approval rating of about 9 percent. This indicates, as an electorate, we are a nation of idiots. We’re now stuck with the useless, dysfunctional government that we deserve.”

The U.S. Constitution was written in the wake of the failure of the Articles of Confederation, the first attempt to unite the states for the common good of the growing nation. It is the product of some of the finest minds, the most dedicated advocates of liberty, to gather in one place at one time. It is the oldest, living Constitution in the world. It was adopted on September 17, 1787 and ratified in June of 1788.

On December 17, 1791, the first ten amendments—the Bill of Rights—were ratified. It is a list of immunities from interference by the federal government and the fears of the Founders are now being borne out by a government that is too large, borrows and spends too much money, and has departments such as the Homeland Security that threaten the rights of free speech, travel, and other freedoms. Every U.S. citizen is now subject to government surveillance more typical of a totalitarian government than one that respects and protects their personal security and rights.

This is why the United States could find itself in a rebellion that will rival the causes of the Civil War, itself a state’s rights conflict in addition to the issue of slavery that had hung over the Constitution since its ratification; an effort to “kick the can down the road” the Founders agreed to in order to get it ratified.

It is not beyond the imagination that a deliberately created crisis would prompt individual states to withdraw from the Union to protect themselves and their citizens, otherwise known as “the people.”

© Alan Caruba, 2012

 

ObamaCare Ruling: Washington Overrules the Constitution and the American People. Again – Tea Party Nation

ObamaCare Ruling: Washington Overrules the Constitution and the American People. Again – Tea Party Nation.

Posted by Seton Motley

For the American people, the Constitution means a great deal.  For Washington, we were once again today reminded that the Constitution means very little.

Five Supreme Court Justices today decided to not impartially rule on the case – i.e. execute their solemn Constitutional charge.  They instead decided to serve as five more ObamaCare lawyers – and create a brand new argument to unConstitutionally “justify” the ObamaCare mandate.

Team ObamaCare never argued before the Supreme Court that the individual mandate was a tax.  The President and Team ObamaCare rigorously asserted it wasn’t a tax.  There is twenty pages in the ObamaCare law that says it is a not a tax, but a nebulous power nebulously given to Congress by the abused and stretched-beyond-Reality Commerce Clause.

So where did these five Supreme Court Justices find this ObamaCare mandate “tax” “justification?”  Only in their own fevered minds.

The Supreme Court today propped up the unConstitutional ObamaCare law by lending it the now further tarnished imprimatur of Supreme Court approval.  It is in November again up to the American people to remind Washington that the Constitution matters.  And that we are a nation of laws, not of men taking egregious liberties with their Constitutional charges.

NAPOLITANO: Can Obama rewrite federal law? – Washington Times

NAPOLITANO: Can Obama rewrite federal law? – Washington Times.

President has usurped Congress’ role by altering immigration rules

By Andrew P. Napolitano

Here we go again. Is the Constitution merely a guideline to be consulted by those it purports to regulate, or is it really the supreme law of the land? If it is just a guideline, then it is meaningless, as it only will be followed by those in government when it is not an obstacle to their purposes. If it is the supreme law of the land, what do we do when one branch of government seizes power from another and the branch that had its power stolen does nothing about it?

Late last week, President Obama, fresh from a series of revelations that he kills whomever he pleases in foreign lands, that the U.S. military is actually fighting undeclared wars in Somalia and Yemen, and that the CIA is using cyberwarfare – computers – to destabilize innocents in Iran, announced that he has rewritten a small portion of federal immigration law so as to accommodate the needs of young immigrants who came to the United States as children and remained here. By establishing new rules governing deportation, rules that Congress declined to enact, the president has usurped the power to write federal law from Congress and commandeered it for himself.

Immigrants should not be used as political pawns by the government. When government does that, it violates the natural law. Our rights come from our humanity, and our humanity comes from God. Our rights are natural and integral to us, and they do not vary by virtue of, and cannot be conditioned upon, the place where our mothers were physically located at the time of our births. Federal law violates the natural law when it interferes with whom you invite to your home or employ in your business or to whom you rent your property or with whom you walk the public sidewalks.

When the government restricts freedom of association based on immutable characteristics – like race, gender or the place of birth – it is engaging in the same type of decision-making that brought us slavery, Jim Crow and other invidious government discrimination. Regrettably, the feds think they can limit human freedom by quota and by geography. And they have done this for base political reasons.

Along comes the president, and he has decided that he can fix some of our immigration woes by rewriting the laws to his liking. Never mind that the Constitution provides that his job is “to take care that the laws be faithfully executed,” and that “all legislative power” in the federal government has been granted to Congress. He has chosen to bypass Congress and disregard the Constitution. Can he do this?

There is a valid and constitutional argument to be made that the president can refrain from defending and enforcing laws that he believes are palpably and demonstrably unconstitutional. These arguments go back to Thomas Jefferson, who refused to defend or enforce the Alien and Sedition Acts because, by punishing speech, they directly contradicted the First Amendment. Jefferson argued that when a law contradicts the Constitution, the law must give way because the Constitution is the supreme law of the land and all other laws are inferior and must conform to it. This argument is itself now universally accepted jurisprudence – except by President Obama, who recently and inexplicably questioned the jurisdiction of the Supreme Court to invalidate the Affordable Health Care Act on the basis that it is unconstitutional.

Nevertheless, there is no intellectually honest argument to be made that the president can pick and choose which laws to enforce based on his personal preferences. And it is a profound violation of the Constitution for the president to engage in rewriting the laws. That’s what he has done here – he has rewritten federal law.

Only Congress can lay down specifics for immigration law, such as in order to avoid deportation and qualify for a two-year work visa, one must have entered the U.S. prior to age 16 and possess a valid American high school diploma or be a military veteran, as the president now requires. By altering the law in this manner – by constructing the requirements the government will impose – the president has violated his oath to enforce the laws as they are written. His second responsibility in the Constitution (the first is to defend the Constitution) is to enforce federal laws as Congress has written them – hence the employment of the word “faithfully” in the Constitution – not as he wishes them to be.

Congress should have enacted years ago what the president is now doing on his own, because it is unjust to punish children for the behavior of their parents, and it is unjust to restrict freedom based on the place of birth. But this can be remedied only by Congress. If the president can rewrite federal laws that he doesn’t like, there is no limit to his power. Then, he will not be a president – he will be a king.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. He is author of “It Is Dangerous to Be Right When the Government Is Wrong: The Case for Personal Freedom” (Thomas Nelson, 2011).

The Government as Lawbreaker, Again – Judge Andrew Napolitano – Townhall Conservative

The Government as Lawbreaker, Again – Judge Andrew Napolitano – Townhall Conservative.

Can Congress make legal something that is inherently wrong, and can Congress take a freedom that is a part of our humanity and make its exercise criminal?

If there were no First Amendment, would we still have the freedom of speech? The answer, like many in the law, depends on what values underlie the legal system. If the government is the source of our rights, then without the First Amendment’s guarantees of free speech, any government could legally punish you for saying words and expressing thoughts it hated or feared; and it could even silence you before you spoke.

On the other hand, if our rights come from our humanity and our humanity is a gift from God, then we would still enjoy the freedom of speech, whether it is insulated from government interference by the First Amendment or not. The wording of the First Amendment itself gives us a peek at what its authors thought. They wrote: “Congress shall make no law … abridging the freedom of speech.” It doesn’t say that Congress shall grant freedom of speech; rather, it prohibits Congress from interfering with it. And by referring to free speech as the freedom of speech, the drafters recognized that the freedom of speech already existed before the country that they were founding even came to be.

The same founders who drafted the First Amendment also accepted Thomas Jefferson’s values articulated in the Declaration of Independence that we are endowed by our “Creator with certain inalienable rights, (and) that among these are life, liberty, and the pursuit of happiness.” It is clear beyond serious dispute from just scratching the surface of history that wedded to this country at its birth is the Judeo-Christian concept of the natural law. The natural law is the self-evident truth that our rights come from our humanity; that we have them by virtue of our mortal existence; that they do not depend upon government for their existence; that they do not vary as a consequence of where we are now or where our mothers were when we were born; and thus we remain fully endowed of these rights so long as we live, wherever we go. If you believe that we are the present result not of a supreme being, but of natural selection, you can accept as the founders did that humanity — and not government — is the repository of freedom.

I suspect that most people accept the natural law. We have even seen people in the government claim to accept it. Yet almost as soon as they take the oath to uphold these values, they start rejecting them. In the Patriot Act, for example, Congress made it a crime to reveal that the feds came calling on you with a search warrant in which a federal agent authorized himself to search records that you might have. This, of course, not only violates the Fourth Amendment, which stipulates that only judges may authorize searches, but it also violates the First Amendment because it punishes speech.

This week, Congress is wrestling with more proposals that violate the natural law. One of our fundamental natural rights is the right to be free from government restraint, absent a proven case of criminal behavior. This, too, was articulated by the framers when they wrote in the Fifth Amendment: “No person shall be … deprived of life, liberty, or property without due process of law.” This recognizes the right to be free from restraint by the government, unless the government, utilizing due process, can make a case against you. That means a fair trial in your presence, with lawyers defending you and jurors deciding your case under the guidance of a neutral judge.

Yet, your representatives in Congress are about to authorize the president to violate your natural rights by enacting legislation that would permit him to use the military to arrest Americans and restrain them without due process. Even King George III, against whose armies the colonists fought for freedom, did not have the power to do that. And, just because Congress votes to make these acts of tyranny legal does not mean they are constitutional. The Constitution is a higher law than anything Congress can write; and all that Congress writes must conform to it.

Since the Constitution was written to keep the government from violating our natural rights, what can you do when the very government we have hired to protect those rights is violating them? If you live in Iowa or New Hampshire, you can vote for the only Republican candidate running for president who believes that the Constitution means what it says. You know who he is.

System Failure on a Global Scale – Tea Party Nation

System Failure on a Global Scale – Tea Party Nation.

By Alan Caruba

We are living in times when the structures involving the global financial system, national security, and self-governance are under attack, decaying, or just self-destructing due to all the ills to which humanity is prone.

Wars in the twentieth century were always an example of either the failure of nations to resolve their differences or of the ancient human inclination to steal whatever they can from their neighbor. Wars organize this into armies for that purpose. The other cause for war is the necessity to rid the neighborhood of the crazy guy who’s hoarding weapons and building bombs.

What is occurring of late, however, goes beyond the usual casus belli to something far greater, a loss of faith in national and international banking systems, aggravated by the failure of nations to act in a prudent fashion to protect the wealth of their citizens and their national sovereignty.

The cause of this is socialism, the polite name for communism. Like Islam, it exists for world domination, the control of the population for the enrichment of those holding the reins of power. It is no accident that the U.S. Congress is filled with millionaires or those who soon will be.

Communism, the creation of a man who never held a job in his life, Karl Marx, and its theoretically gentler version, Socialism, has proved to be a failure wherever it was implemented. It is always introduced as the antechamber to utopia, a better life for everyone and it has always led to the slaughter of millions in the name of achieving it. It is just another form of slavery.

Socialism, as practiced throughout the United States and Europe, dependent as it is on the “redistribution of wealth” in the form of “entitlement” programs is now crashing down around the heads of various elected leaders.

As the former British Prime Minister of Britain, Margaret Thatcher, once famously said, “Sooner or later you run out of other people’s money.”

When you pile on debt beyond the mind’s capacity to imagine and you empower “super committees” or hold desperate meetings as are occurring in Europe, public faith in national currencies begins to disappear and with it a rational world in which goods and services generate income.

We are now 66 years since the end of World War Two, the war that followed “the war to end all wars”, World War One. Peace—the absence of war—lasted a scant twenty-one years in Europe before the latter cataclysm began in 1939.

Times of turmoil are the perfect opportunity for tyrants of every description to emerge, organize the collective anger, and launch new wars. In the past 66 years of “peace” there has been a succession of wars, usually between Communist and Capitalist nations such as the Korean and Vietnam Wars or civil wars. The recent wars and revolutions in the Middle East have been about oil and who gets to pump it out of the ground.

Threatening the entire world is the rise of the Islamic Revolution. Islam is less a religion than a battle plan for global conquest that has the added fillip of enslaving its adherents in a faith system that demands total obedience on pain of death. Unbelievers in general face this threat. Israel in particular always has.

Capitalism isn’t a perfect system, subject to periodic cycles of recession and depression, but it does require a greater measure of individual freedom than any other in order to encourage the kind of innovation and risk-taking that creates vast wealth-producing economies.

The problem the West is facing has been brought on by the profligate and often corrupt waste of the people’s wealth. This has been the result of metastasizing laws whose ultimate purpose is to keep populations from demanding more freedom from rapacious taxing, borrowing, and spending. Even central banks are powerless against this. Ours, the Federal Reserve, has responded by printing dollars out of thin air.

On November 18th a proposed constitutional amendment that would require Congress to balance the budget failed in the House. The U.S. is currently $15 trillion in debt. The worst fears of our Founding Fathers are coming true. Presiding over the nation is a Marxist ideologue and his henchmen.

When the Congress of the United States of America refuses to obey the limits of the Constitution, you have failure.

When that same Congress refuses to reform “entitlement” programs and reduce massive spending, you have failure.

When the Federal Reserve—a central bank that is not a part of the federal government— owns most of the nation’s debt, you have failure.

In my lifetime, the United States of America went from a largely Capitalist system and society to one of near total government control. It is Socialism supported by an insane system of taxation lacking even the appearance of fairness.

The United States has moved too far away from the purpose of the Constitution, established to “form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity…”

We are that posterity,

In the decades since the last Great Depression a succession of Congresses has bankrupted the nation once again. It is happening as well in Europe because nations like Greece, Italy, Spain, Portugal, Ireland and France thought they too could defy common sense and fiscal prudence.

It is system failure on a global scale.

Americans and the citizens of Europe are the unwilling victims of too much government, too much regulation, too much corruption, too much taxation, and the general inclination of those in charge to acquire as much wealth for themselves while keeping the rest of the population complacent with “redistribution of wealth” schemes that always fail.

The Tea Party movement is calling for a restoration of America. We have precious little time to do that and it is the Democratic Party in league with unions who oppose that goal.

© Alan Caruba, 2011

Wise Up and Rise Up America! Our Final Countdown has Begun (via Voting American)

Wise Up and Rise Up America!  Our Final Countdown has Begun Now is the time for all American’s to rise up and speak with a loud voice.  2012 will be upon us before we know it and there is no time to waste.  This is the time to tell your family and friends to get involved.  This is the time to get them informed and this is the time to get them involved.  America hangs in the balance my friends.  Our very way of life is being challenged like never before in our history.   Look around you,  our very existenc … Read More

via Voting American

Obama’s Ghetto Style Tax and Spend Economics, PRICELESS! For everything else there’s…………… The China Card (via Voting American)

Mr. President the Chinese want their Money Back! All the eloquent speeches from the Anointed One will not improve our economy nor is it in any way shape or form going to create jobs. We now have a President that is so full of himself that America is suffering another financial setback that all the Kings men and all the Kings Czars cannot put back together again. The good news is that America is waking up and we have put real American Patriots in … Read More

via Voting American

Is the Second American Revolution Coming? (via Voting American)

Is the Second American Revolution Coming? To President Obama and all 535 Voting members of the Legislature It is now Official that the Majority of you are Corrupt Morons  The U.S. Postal Service was established in 1775. You have had 234 years to get it right and it is broke.  Social Security was established in 1935. You have had 74 years to get it right and it is broke. Fannie Mae was established in 1938. You have had 71 years to get it right and it is broke. War on Poverty started in 19 … Read More

via Voting American

Follow

Get every new post delivered to your Inbox.

Join 3,559 other followers