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Blog posts : "us supreme court"

THE DAY THE CONSTITUTION DIED

June 28, 2012



It is June 28, 2012 and on this day in history five Justices of the U.S. Supreme Court joined with President Obama and members of Congress to declare the U.S. Constitution and our free Republic dead. The Justices accomplished all of this by issuing a bizarre opinion on the Constitutionality of the “Affordable Health Care Act” commonly known as Obamacare.

In August of 2009 I wrote my first blog article on the Constitutionality of the proposed health care bill, H.R. 3200. I noted a number of Constitutional objections to it with the primary one being the violation of Article, Section 8, of the Constitution that limits the powers of Congress. I argued that nothing in that article, including the Commerce Clause, gave Congress the power to either regulate health care, or to turn over the power to do so to the Executive Branch of government.

Ironically, the Supreme Court agreed with me today on the Commerce Clause issue, but then did something that by its own past admissions; it has no Constitutional authority to do. The Court took a clearly unconstitutional law passed by Congress and essentially rewrote it in order to declare it Constitutional.  I’m referring specifically to the “penalties” imposed on Americans who fail to comply with the individual mandate requiring them to buy health insurance. Under the law, these people can be “fined” by the IRS for non compliance.

 If you remember, when Obamacare was being proposed, the President, members of his cabinet, Democrats in Congress, and members of the mainstream news media were all assuring the American people that this was not a new “tax.” Now, John Roberts, the Chief Justice of the Supreme Court has written a majority opinion saying essentially that these were all lies, but he is going to fix it by declaring that this is a tax, and therefore falls within the powers of Congress.

 In a nutshell, we have a situation where the Congress passed a law that it had no authority under the Constitution to pass, and that further unconstitutionally granted extraordinary new powers to the Executive Branch, that are not authorized by the Constitution. Now, we have the U.S. Supreme Court upholding this, and making a power grab of its own by saying that it can ignore the Constitution and rewrite the laws passed by Congress.

The implications of this are staggering. The Supreme Court has now decided that the Federal government can use its powers of taxation to force the American people to do its will, even if individual freedoms guaranteed by the Bill of Rights are taken away in the process. Obama is already using the authority of the health care law to attack freedom of religion, and now when can expect him to go much further.

Imagine this, you are obese and the government declares that since that is a danger to your health, you will be taxed if you don’t lose weight. If you have dangerous weapons in your homes like firearms, and Obama orders you to surrender them to the Federal government, you can be taxed if you fail to do so. What about going to political websites on the internet that the Feds decide are inappropriate and endanger your emotional well being; there is a tax for that.

It sounds incredible, doesn’t it? Unfortunately, it could all happen as a result of today’s Supreme Court decision. Justice Roberts and the other four Justices who signed off on this opinion have increased the power of the Federal government far beyond what was intended by the founding fathers who wrote the Constitution, and for that matter the Declaration of Independence.

 Today, the Constitution and our Republic were given the last rites by the progressives on the Supreme Court, but I am not ready to kick the dirt in on our freedom yet. I believe that many Americans are not just angry, but are as infuriated as I am. The election in November, if we are allowed to have a free and fair one, is one that must be won across the board. If Obama is re-elected and Democrats continue to control the Senate, then the demise of the United States will be official.

 Well, maybe not. There is one other alternative and it is stated clearly in theDeclaration of Independence when Thomas Jefferson wrote about our inalienable rights:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”

Perhaps it would be wise for those who are celebrating the death of America today, to remember that as long as there is one American left that is willing to defend the Constitution and the Republic, there will always be a spark of life that has not been extinguished. I intend to be one of those sparks.

AMERICA’S EMERGING DICTATORSHIP

January 11, 2012

          When our founding fathers declared our independence from Great Britain in 1776 the colonists were already in the middle of a bloody and costly war to secure their freedom.

Once the war was successfully concluded it was necessary to create a new nation with a form of government that would not allow a single individual or group to establish another totalitarian regime and steal the freedom of Americans.

            It took years and one failed effort with the Articles of Confederation before the founders settled on the Constitution of the United States that established a unique type of government with three separate, but equal branches of branches. These are the executive branch that includes an elected President and his cabinet appointees, the legislative branch that consists of a Congress made up of two houses, the Senate and House of Representatives, and the judicial branch that consists of the Supreme Court and any lower federal courts that Congress might authorize.

            A system of checks and balances was put into place to ensure that none of the three branches would be able to dominate the others and establish a dictatorship. In addition, the basic distrust of a powerful centralized government caused the framers of the Constitution to adopt the Bill of Rights that protected the rights of both individual Americans and the various states that formed the United States of America. The system has worked so well that our country became the most prosperous and powerful nation in the world.

            Yet, now, almost 250 years later, elements in all three branches of government are conspiring to shred the Constitution and rob us of our God given rights. We have a rapidly emerging dictatorship and prime examples of it can be found in what is occurring in the first days of this New Year. As part of the balance of powers prescribed in the Constitution, the U.S. Senate must approve Presidential appointments to major positions in the Executive Branch of Government. The only exception is that during the times that the Senate is in recess the President can make appointments without the approval of the Senate, but they are temporary in nature.

            However, on January 4, 2012, President Obama appointed three members to the National Labor Relations Board and a new “Czar” to head the Consumer Protection Agency without Senate approval despite the fact that the Senate was not in recess. This has created a Constitutional crisis of epic proportions.  

            I refer to this as a Constitutional crisis because this is not the first such action Obama has taken that has clearly violated not only the provisions of the Constitution, but also his oath of office, and he obviously plans to continue ignoring both the legislative and judicial branches of government. In fact, he actually brags about what he is doing while campaigning for reelection at the expense of American taxpayers.

            There is now no doubt that the current President of the United States considers himself a de facto dictator who is so much smarter than the rest of us that he can ignore the Constitution, the supreme law of our nation, and do whatever he wants. History has taught that in order to establish an effective dictatorship there must be three decisive actions taken.

            First, if the military in the country is patriotic and pro freedom, it must be marginalized to minimize its ability to resist the imposition of tyranny. Right after the New Year, Obama announced drastic cuts in the size and strength of our military forces across the board. He is claiming to have the authority to do this under the bill passed by  Congress that created the so-called super committee that was to enact wide ranging spending cuts.

             If it failed to do so there would be massive reductions of the defense budget. In previous articles I pointed out that the very creation of this super committee was unconstitutional and that its failure to act would cause the “doomsday scenario” to unfold for our military. Unfortunately, not only are my predictions coming true, but Obama is not even waiting for the automatic cuts to begin in 2013, he is unilaterally moving to destroy the military now.  

             Secondly, the citizens of any country to be subjugated must be disarmed in order to diminish their ability to resist the imposition of a dictatorship. It is now clear, by virtue of the ongoing investigation in Congress of “Operation Fast and Furious” that over 2500 semi automatic weapons were sold to Mexican drug dealers on orders from the U.S. government not for the purpose of entrapping the drug dealers, but so Obama could impose gun control laws on U.S. citizens. He has now done so by Executive Order, bypassing Congress that had refused to take the same action.

             In addition, Obama and Secretary of State Hilary Clinton have pledged to sign the United Nations Small Arms Treaty that specifically targets private gun ownership in the United States. This treaty would essentially abolish the second amendment to the U.S. Constitution and make private ownership of firearms illegal despite the fact that the U.S. Supreme Court has twice ruled that the right to keep and bear arms is a valid and individual right under the provisions of the Constitution.  

              Of course, the Constitution requires that any treaty that is signed by a President must be approved by two thirds of the Senate to be valid. The U.S. Supreme Court has also ruled that no treaty can supersede the provisions of the Constitution, particularly those that deal with individual rights.  All of this would seem to render the treaty moot since two thirds of the current Senate will not ratify it, and it clearly violates the provisions of the second amendment.

             So why is Obama pushing for it? Simply put, he believes he can ignore the Senate and the court, sign the treaty, and then allow the United Nations to begin enforcing it. If you believe that he won’t try that, just look at what he has done in other areas.

             The third goal of an effective dictatorship involves limiting the rights of the citizens to have free speech and a free press. People who can’t communicate and learn the truth are easier to control. Most of the main stream media in this country have already relinquished their freedom of the press and are doing whatever Obama tells them to do. Those that oppose him are under constant assault and Obama’s minions on the Federal Communications Commission are looking for ways to shut down conservative talk radio and control internet content. This is despite the fact that the Supreme Court has said that the FCC has no authority to regulate the Internet. Once again, Obama has issued orders that the Supreme Court and the Constitution be ignored.

              Even more frightening is the fact that legislation pending in both houses of Congress will effectively give Obama an Internet kill switch. It is being pushed in the Senate by the usual leftists like Reid and Schumer, but in the House of Representatives it is some Republicans that are pushing it.  My next blog article will contain more information about these and other bills pending in Congress.

             The bottom line is, we are headed for a country that is no longer a Republic, but a nation controlled entirely by a small group of elitists, and unless the American people wake up soon it will be too late to stop it.

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