I know that the tone of my recent articles has been negative and that some get the impression that I am giving up the fight. That couldn’t be further from the truth, I will continue to fight until my last dying breath. It is just that from my perspective I see things as having gone too far for any hope of returning to a government of limited power as outlined by the Constitution.
Recently, and I hope the person who said this doesn’t mind my quoting him, someone told me “Freedom and liberty is a never-ending war, a constant struggle, it will never be ‘won’ but it can certainly be controlled.” This person is not alone in having said something similar to me, and it appears that many believe that I am not aware of this fact…au contraire, I am very much aware of it…possibly more so than they give me credit for.
The desire of on man, or group of men, to wield power over the masses is something that has existed throughout the history of the world, but for the sake of boring you I will confine my discussion of it to our current situation.
During the debates which eventually produced our nation’s Constitution, there were many proposals made which would have given our government far more power than does the Constitution we have today. For instance, the Virginia Plan would have given the national government power to legislate “… in all cases in which the separate States are incompetent …” It, furthermore would have given them the power to veto laws passed by the legislatures of the states.
If that weren’t bad enough, Alexander Hamilton proposed his own plan modeled after the British government, calling it the “…best in the world…” Hamilton’s plan would have made the executive position a life term, as was the King of England, and given the legislature the power to pass “all laws whatsoever.” However, sounder minds prevailed and a compromise was agreed upon which produced the Constitution as we know it today.
Article 1 Section 8 of the Constitution limits the legislative authority of Congress to 18 powers…that’s it. In a letter to Albert Gallatin, Thomas Jefferson wrote, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”
James Madison, father of the Constitution, and acting president in 1817, clearly stated that “…the legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution…”
The meaning of those words; specifically enumerated, and delegated, appear to have been lost upon people. In his book The Constitution in Exile, Judge Andrew Napolitano explains, “Specific means something that is definite or explicitly set forth. Enumerated refers to things that are listed individually by their identifying characteristics. Delegated refers to a power that has been assigned by one party to another.”
Therefore, the powers granted to Congress are SPECIFIC, they are INDIVIDUALLY LISTED, and they are granted them by WE THE PEOPLE. Remember, George Mason once said, “In all our associations; in all our agreements let us never lose sight of this fundamental maxim – that all power was originally lodged in, and consequently is derived from, the people.” Let us not forget that Thomas Jefferson said that “…whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
Although our Constitution was born of compromise, there were still those who held to various beliefs regarding the scope of powers a government should wield…these being the foundations upon which the various political parties exist today. George Washington had this to say about these parties, “However [political parties] may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government…”
Much ado is now being made in regards to the Federal Reserve, and the devastation its monetary policies have had upon this nation. While I agree that the FED has wreaked havoc on this country, the simple fact is that one man, even a Ron Paul, cannot undo the damage that has been done to our system of government that dates back to the earliest days of its existence. He may be able to reign in the FED and put a halt to any further unconstitutional laws by his use of presidential vetoes, he still cannot repair the damage to the foundation of limited government done by the Supreme Court of the United States.
The Constitution was ratified by the required number of states in June 1788. A year later the first subtle assault upon the limits of government, and the checks and balances of the various branches took place. In the case of Marbury v Madison the Supreme Court ruled that “It is emphatically the duty of the Judicial Department to say what the law is.”
In the case a newly appointed Justice was denied his commission by James Madison and appealed to the Supreme Court. In their ruling the Court stated “The authority given to the Supreme Court by the act establishing the judicial system of the United States to issue writs of mandamus to public officers appears not to be warranted by the Constitution.”
While on the surface it would appear that the Court was right, that it was holding to the principle that whatever powers are not granted government, including the Court, they could not be exercised. Therefore Marbury lost his case because the Court ruled it had no constitutional authority to rule upon the issue. However, the case of Marbury v Madison established the concept of judicial review, in which the court alone has the authority to review all legislative and executive actions, and overturn them if found to be unconstitutional. In other words, the Court placed its view of what the meaning and intent of the Constitution was above those of the executive and legislative branches.
In Federalist 78 Alexander Hamilton supported this view by saying, “[T]he courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.”
However, Thomas Jefferson saw great danger in the power of the Court. Numerous times he wrote about the dangers posed by the Judiciary. In a letter to Judge Spencer Roane, Jefferson wrote, “If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,” … , then indeed is our Constitution a complete felo de so. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary…”
In a letter to Thomas Ritchie, Jefferson stated, “The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine our Constitution from a co-ordinate of a general and special government to a general supreme one alone.”
Finally, in a letter written in 1820, Jefferson stated, “You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control.”
Former Judge Robert Yates once said “The supreme court then have a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away.” In other words, once the Supreme Court sets a PRECEDENT, there is no means of undoing the damage done to our Constitution by their misrepresentation of law.
Let me ask of you a simple question; if the job of judges are to uphold the law, and if the law is unchanging, then why the importance placed by the political parties upon who gets to choose Justices to fill Supreme Court vacancies? The only conclusion I can draw from this is that the political parties are seeking Justices which hold to their twisted views of what the law means; whether it be from a conservative slant, or a liberal one.
Again, to quote Jefferson, “Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.”
Now to continue, there is one more landmark Court Case, by which Chief Justice John Marshall opened Pandora’s Box for all the current problems this country faces, that being the case of McCulloch v Maryland.
From the Courts ruling, one sentence alone would suffice in describing the damage its interpretation of Congressional powers has done, that being, “There is nothing in the Constitution of the United States similar to the Articles of Confederation, which exclude incidental or implied powers.”
The Court, in their ruling took the necessary and proper clause, and opened it up to unlimited interpretation, “But the Constitution of the United States has not left the right of Congress to employ the necessary means for the execution of the powers conferred on the government to general reasoning. To its enumeration of powers is added that of making 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 there of.”
This ruling would provide the basis for an open ended interpretation of the General Welfare and Commerce Clauses of the Constitution, under which every single unconstitutional act has fallen.
Therefore, to say that I may not understand that the battle for liberty is a never ending one is incorrect…I understand it all too well. I also understand that we may possibly, and note I said POSSIBLY, halt any further slide into tyranny by the election of someone like Ron Paul to the presidency, it WILL NOT repair the extensive damage that has already been done to our nation.
I also understand that this conspiracy for global dominion is not centered in Washington D.C. and that our nation is merely one small aspect of a more insidious and evil plan by Zionists who are represented by groups such as the CFR and the Bilderbergers.
I also realize that the Lord gave to John the vision of the end and that John foresaw all that would come. I believe that our nation is not only suffering because we have become apathetic as to the actions of our government…something that HAS been changing, albeit maybe too little too late, but that we are suffering because we have forsaken God. Just take a look around you for crying out loud and see if the things you watch on TV, the music people listen to, the wanton killing of unborn babies, the rampant support for deviant lifestyles would please God. Can you honestly expect God to bless this nation with prosperity in its current state?
Our system of government is probably as close to perfect as possible in a world populated by men, but as Samuel Adams once said, “If men of wisdom and knowledge, of moderation and temperance, of patience, fortitude and perseverance, of sobriety and true republican simplicity of manners, of zeal for the honour of the Supreme Being and the welfare of the commonwealth; if men possessed of these other excellent qualities are chosen to fill the seats of government, we may expect that our affairs will rest on a solid and permanent foundation.”
Like I said, we may be able to halt, or at least slow down the path into tyranny and economic disaster which our government has placed us upon, but can we restore our nation to the one in which we are free to exercise our natural rights and which our government is truly limited to those 18 specific powers? That remains to be seen, but I do not believe it can be done.
However, make no mistake about it, I am NOT giving up! All I am doing is expressing how I see things, and the path I see our nation taking. I am not telling people to give up and just go hide in a cave until the end comes. What I would rather see is people understanding the quote I used previously by Jefferson, that “…whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” If enough people would understand that simple fact that they are under no obligation to obey unconstitutional acts, then our government could not enforce them.
Andrew Jackson once expressed those same sentiments when he said, “John Marshall has made his decision; now let him enforce it!” If people would only say that “My government has imposed this unconstitutional law, or infringement of my rights upon me; now let them enforce it” then maybe I would see some hope for our future.
But, until I see that people are willing to stand up for what is inherently theirs, until I see that they elect men of virtue and temperance into the seats of power, I will not hold out much faith in a return to limited government; not as long as the entire system has been poisoned and corrupted by political expediency and special interests. Sorry, that’s just how I feel.
So, I will sit back and do what I do best, try to explain the usurpation of power and loss of liberty we are experiencing under a corrupt system; the whole time ready, and willing to defend my rights with my life…if need be.