Calling All Constitutional Warriors

Quoting Thomas Jefferson and Judge Napolitano – – “We believe that government is best which governs least.  The people have a right to a government that obeys the laws of economics, the laws of physics and the Constitution”.

We reject people like Bill O’Reilly, who on one hand point to the Constitution when it favors their position, and on the other hand say “I don’t care about the Constitution!” when it doesn’t favor their position.  Instead, we respect and welcome those with intellectual, moral and legal integrity.  Further, we welcome those in the tea party who share our passion to restrain the government and advocate a return to the Constitution – – and encourage them to consider expanding their principled belief in limited government beyond the fiscal and economic realms.

Unfortunately, both the republican and democratic parties have been, and continue to be guilty when it comes to violating their oaths to protect and abide by the Constitution.

A partial list of unconstitutional federal laws and actions:

Economic

• Authorizing a central bank (Federal Reserve)
• Printing paper money
• Forcibly taxing to provide retirement income (Social Security)
• Forcibly taxing to provide retirement healthcare (Medicare)
• Forcibly taxing to provide retirement prescription drugs (Medicare Part D)
• Forcibly taxing to bail out private institutions (e.g. banks, auto industry)
• Forcibly taxing to subsidize private institutions (e.g. farms, ethanol and green energy industry, oil industry,…etc)
• Forcibly taxing to subsidize individuals with limited or no income (Welfare)
• Forcibly taxing to explore space (NASA)
• Forcibly taxing to subsidize scientific research
• Forcing every citizen to purchase a product (health insurance; ObamaCare)
• Forcibly taxing and interfering in State control on the subject of education for children (No Child Left Behind, Race to the Top, the entire Federal Department of Education)
• Forcibly taxing and interfering in State higher level education (e.g. Pell Grants, Federal Student Loans)
• Interfering in private contracts in favor of debtors (e.g. forced personal mortgage forgiveness during New Deal, 2008 financial crisis)
• Interfering in private contracts by setting required wages (Minimum Wage)
• Creating regulatory agencies which not only exceed executive branch powers by legislating in effect, but often exceed federal powers in general
  • Regulate air travel and security (TSA)
  • Medical licensing, regulation of hospitals, physicians, nurses, nursing homes, drug companies, and other aspects of healthcare
  • Food and Medicine, Drugs (FDA)
  • Environment (EPA)
  • FEMA, and many, many more

Civil

• Monitoring communications of American citizens without a warrant (violating 4th Amendment)
• Utilizing foreign intelligence agency powers to spy on our own citizens
• Assassinating American citizens (e.g. Al-Awlaki) without due process or even presentation of evidence (violating 5th Amendment)
• Prosecuting any domestic crimes beyond counterfeiting, treason, and piracy (FBI, ATF and others)
• Internment of citizens during time of war without just cause (Internment of Japanese Americans during WW2)
• Detaining non-citizens and non-POWs indefinitely without due process (Guantanamo)
• Eroding private property rights and freedom of association by dictating which individuals a business must hire and/or serve (1964 Civil Rights Act)
• Banning automatic, assault weapons
• Undermining freedom of speech in the name of campaign finance reform (McCain Feingold)
• Allowing private property seizure without just cause (Eminent Domain as empowered in the Kelo case)
• Outlawing certain substances for personal use and making our citizens the most imprisoned on the planet (aka War on Drugs)
• Outlawing certain types of thought/speech (Federal Hate Crime Laws)
• Interfering in State road/highways by providing federal funds only after compliance (e.g. seat belt laws, speed limits)

War

• Federal Government declaring war on its own citizens (Civil War)
• Initiating offensive and extended military action without a formal Congressional declaration of war (Korea, Vietnam,…Iraq, Afghanistan, Libya)
• Maintaining at least 600+ military bases across 38 countries

What exactly are the powers of the Federal Government according to the Constitution?

The powers of the Federal Government are limited and explicit/enumerated as noted in Article 1, Section 8 of the US Constitution

Article I, section 8 of the U.S. Constitution

The Congress shall have Power To lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; [Altered by Amendment XVI “Income tax”.]

• To borrow money on the credit of the United States;
• To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
• To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
• To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
• To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
• To establish Post Offices and Post Roads;
• To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
• To constitute Tribunals inferior to the supreme Court;
• To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
• To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
• To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
• To provide and maintain a Navy;
• To make Rules for the Government and Regulation of the land and naval Forces;
• To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
• To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
• To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
• To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Why should we support this limited version of Federal powers, and not a more expanded “living document” version?

The US Constitution was written and adopted with the express intent of severely restraining the Federal Government and preventing it from becoming a tyrannical all-powerful entity – – no matter how good the intentions may be to expand its powers.  This conclusion is further supported by the 10^th Amendment, and the Federalist Papers as documented by the founding fathers.

10th Amendment

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

Madison in Federalist No. 45:

“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”

Further, the Constitution was written with a documented Amendment process which was intended to address necessary and proper revision requirements.  To claim the Constitution is a “living document” flies in the face of basic logic and documented fact.  Put simply, if this alternative version of federal power is the truth, then the 10^th Amendment, enumerated powers and indeed the entire Constitution are a waste of time and print.

To show you just how backwards our current government and politicians understand the Constitution and proper role of the Federal Government, note this example:

On his show, Judge Andrew Napolitano asked South Carolina Congressman James Clyburn, the third-ranking Democrat in the House of Representatives, where in the Constitution it authorizes the federal government to regulate the delivery of health care. He replied: “There’s nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do.” Then he shot back: “How about [you] show me where in the Constitution it prohibits the federal government from doing this?”

Hasn’t the Supreme Court determined that many of the Federal Government actions are indeed Constitutional?

Unfortunately, this is true in some cases.  As one might expect this perverse outcome from an entity that is part and parcel of the same entity they’re supposed to control.  The Supreme Court has frequently been derelict in its duties, but it can also be argued that it is at times the equivalent of a co-conspirator.  This was particularly evident during FDR’s New Deal, and more recently in cases such as Kelo.  As Murray Rothbard aptly noted, the Supreme Court serves more as a sanctioning body than one which restrains.

What can we do to help?

• Read and understand the Constitution
  • For extra credit; also research the original intent of the clauses mostly commonly used to justify the expansion of federal powers (Common Welfare, Interstate Commerce, and Necessary and Proper)
• Support only those politicians which uphold their oath of office to act in accordance to the Constitution (e.g. someone like Ron Paul)
• Be willing to “throw away your vote”; Vote your conscience and support third party candidates as appropriate
• Contact your representatives and demand they uphold their Constitutional oath
• Educate and convince others

Finally, if your conscience compels you to do so (and where possible), withdraw your explicit and implicit support for the Federal Government.  This can include refusing to vote altogether or at least in those cases where the choice is only between the lesser of two evils.  All governments, to varying degrees, rely on the consent of the governed.  By removing ourselves from the process (e.g. not voting), we remove that consent.  If those consent levels get low enough, the statists will no longer be able to claim “the government is us, and these laws are a reflection of what we as a society want”.