Supreme Court Is NOT The Ultimate Arbiter Of The Constitution

SCOTUS is NOT the ultimate arbiter of the Constitution; the STATES hold that power. How does it make any sense that one part of the federal government holds the authority to determine the power of the whole?

It makes no sense; and as a matter of fact, James Madison told us that in no uncertain terms:

“…that the ultimate right of the States, to judge whether the compact has been dangerously violated, must extend to violations by one delegated authority as well as by another–by the judiciary as well as by the executive, or the legislature.” Virginia Assembly Report 1800

However, that is exactly what has happened with Chief Justice John Roberts’ opinion in King v. Burwell. It seems that the Supreme Court has forgotten that we are a Constitutional Republic–and that the Constitution is the Supreme Law of the Land, not Congress. Interestingly, all you need to know about the King v. Burwell decision is contained in the second-to-last paragraph of the majority opinion. Consider these words:

In a democracy, the power to make the law rests with those chosen by the people. Our role is more confined—“to say what the law is.” Marbury v. Madison, 1 Cranch 137, 177 (1803). That is easier in some cases than in others. But in every case we must respect the role of the Legislature, and take care not to undo what it has done. A fair reading of legislation demands a fair understanding of the legislative plan.”  (emphasis mine)

IF we were a democracy, as Roberts is asserting, this opinion would be absolutely correct–Obamacare would result from an absolutely lawful use of federal power, and we would have no real argument to make. However, we are NOT a democracy. We are a Constitutional Republic. In a Constitutional Republic, the Legislature is NOT unlimited in its power and authority. Article 6, clause 2, The Supremacy Clause, makes it perfectly clear that there is a hierarchy to the federal system and that the Legislature is NOT on top; the Constitution is the Supreme Law of the Land.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;…shall be the supreme Law of the Land.”

When Roberts says, “But in every case we must respect the role of the Legislature, and take care not to undo what it has done,” he is asserting that whenever the Legislature makes a law, we are bound by it without question. Nothing could be further from the truth. According to the Supremacy Clause, we have an obligation to undo what Congress has done if what they are doing is not “made in pursuance” to the Constitution.

Additionally, if the “Laws of the United States” are not made in pursuance to the Constitution, then they cannot legally exist. To allow Legislative Acts contrary to the Constitution to remain law would elevate the Congress ABOVE the Constitution, destroying the Constitution itself and transmuting the nature of our Republic into an Oligarchy.

There is no specific enumeration in the Constitution for the federal government to provide healthcare to the States or the people. There is only errant interpretation of clauses to justify such an exercise of power.

Because there is no specific enumeration for healthcare, the Tenth Amendment makes it very clear that healthcare is not a power to be exercised by the federal government.

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.” (emphasis mine)

But what does Roberts use to justify this federal encroachment? Not a clause from the Constitution, but an opinion by the Supreme Court, Marbury v. Madison. How convenient that the Supreme Court can write opinions that declare themselves the ultimate rulers of the universe and then be allowed to credibly use those opinions to justify their emperor-like behavior! Ironically, the most important role of the Supreme Court is to make sure that the Congress acts within its Constitutional limitations. But since it is ridiculous to believe that any entity of power would act on its own to limit itself, our framers didn’t trust these federal employees with that task. They trusted the States.

Madison declares in 1789 that the STATES are to be the ultimate control against the expansion of federal power, the greatest opponents to the federal government necessary to preserve the Liberty of the people:

“The State legislatures will…be able to resist with more effect every assumption of power than any other power on earth can do; and the greatest opponents to a federal government admit the state legislatures to be sure guardians of the people’s liberty.” House of Representatives 1789 (emphasis mine)

But, when the States REFUSE to live up to their obligations and allow any branch of the federal government to expand power and limit the people and the States, they are simply declaring that they believe we are not a Constitutional Republic, but instead a Federal Kingdom built of 50 colonies subject to the whim of the feds.

Justice Roberts told the States in the original PPAC opinion:

“We look to the States to defend the their prerogatives by adopting the simple expedient of not yielding to federal blandishments when they do not want to embrace federal policies as their own. The States are SEPARATE AND INDEPENDENT SOVEREIGNS. Sometimes they have to act like it.” (emphasis mine)

We are not a democracy. We are a Constitutional Republic, where the federal government is limited by specifically enumerated powers. It is time for the States to ACT like States, instead of cowering like colonies. It is time for the States to fulfill their obligation to be the SURE GUARDIANS OF THE PEOPLES’ LIBERTIES.

It is time to dethrone the Supreme Court. It is time to STAND for the Constitutional Republic and defy this theft of State Power and destruction of the Constitution.

Healthcare is NOT a specifically enumerated power delegated to the federal government. The exercise of that power is therefore contrary to the Constitution. According to the Supremacy Clause, any law by Congress that is not made in pursuance to the Constitution is NOT the law of the land. That makes the law null-and-void of any force. Since the Affordable Care Act is NO LAW AT ALL, when we REFUSE TO COMPLY we are not breaking the law…we are enforcing the Supreme Law of the Land, defending our Republic, and guarding our Liberty!

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

Will Banning The Confederate Flag Really Do Anyone Any Good?

Does destroying every symbol that offends remove the hate in men’s hearts? Of course not. But there is a danger greater than flying a Confederate flag. Hate does not exist in objects. Guns don’t kill people, and flags don’t hate.

But a government can disarm the people, and the government can condemn symbols–and both are a mechanism toward enslaving the people. A government that can make people take down a flag is the same government that can make the people say: “Hail Caesar!” Soon, that government will determine what is good, bad, acceptable, and permissible. Once we get there, free thought is then dead. Wisdom is dead. Finally, Liberty is dead in society.

“Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech; which is the Right of every Man, as far as by it he does not hurt or countroul the Right of another: And this is the only Check it ought to suffer, and the only Bounds it ought to know.  This sacred Privilege is so essential to free Governments, that the Security of Property, and the Freedom of Speech always go together; and in those wretched Countries where a Man cannot call his Tongue his own, he can scarce call any Thing else his own.”–Silence Dogood, 1722

What we are doing is making our Rights the enemy. That is exactly what those in power want. The less Liberty we have, the more power government holds. Our Rights are not the enemy; immorality and disregard for life are the real problems. Why can’t we have the proper perspective?

Samuel Adams so prophetically warned: “No people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffused and virtue is preserved. On the Contrary, when People are universally ignorant, and debauched in their Manners, they will sink under their own weight without the Aid of foreign Invaders.”

America is in a very precarious place. We have too many people who have lost the ability to think critically and are ruled by emotion, hysteria, and crises. It is going to destroy us. Consider the following assertions:

Media/Politicians: We must get rid of the Confederate Flag.
Critical Thinking Translation: A flag makes people kill people.

Media/Politicians: South Carolina must be made to remove a flag.
Critical Thinking Translation: An entire State is racist because of a flag.

Media/Politicians: Because we didn’t pass more gun laws, people died.
Critical Thinking Translation: Protecting our Right to defend ourselves is actually killing people.

When we review the statements by media and politicians with real critical thinking. this is what is really being said.

Do we actually believe these ridiculous assertions? Why can’t we look at these situations with reason and logic?

Reality: One sick man who has no regard for the value of life killed people.
Reality: Free expression of ideas and history are not the enemy.
Reality: The Right to keep and bear arms protects Life and Liberty.

The only hope that remains is knowing government didn’t give us Liberty, so they can’t take it away. It will forever endure in our hearts, though it may lie dormant for a season.

We should mourn this tragedy. However, our Rights are not the enemy. Immorality and disregard for Life is the enemy. Why aren’t the media and the politicians making this the narrative?

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

Why The Constitution Is Still Relevant

The Constitution is NOT irrelevant and outdated as the progressives demand. But WE need to know WHY that is a lie.

June 15th was the 800th Anniversary of the Magna Carta; here’s the perfect reason to talk and teach about the history of our Constitution and its relevance today!

THIS VIDEO WILL SET THE STAGE!

Below is a brief history as told in detail by the above video.

In 1100, the people of England came together to force King Henry to sign the 1100 Charter of Liberties promising (among other things) that: 1) government would no longer be evil and oppressive, 2) that the men making and enforcing the laws cannot hold themselves above the law, and 3) people would not be forced to buy their inheritance from the government.

In 1215, the people took Liberty into their own hands. They got fed up with King John and his violations of the 1100 Charter of Liberties, and they came together to create the Magna Carta of 1215. The Magna Carta provided instructions to the government on how to live up to the 1100 Charter of Liberties. The Magna Carta created a representative-style government that put the people over the King. Our 4th, 5th, 6th, 7th, & 8th Amendments from our Bill of Rights all come from clauses 38-40 of the Magna Carta.  “The Right to Petition the Government For a Redress Of Our Greivances,” the last Liberty identified in our 1st Amendment, was first codified in the Magna Carta.

SEE A MODERN DAY MAGNA CARTA.

This Magna Carta put the people in direct control of the government and set the stage for three more advances in Liberty.

1)  The Petition of Right of 1628, declaring that Liberty is the inherent possession of men and not the gift of government.

2) The Grand Remonstrance of 1641, recognizing that oppressive government always operates under the same M.O.: Corruption of the Courts, Infiltration of Foreign Law, Government diminishing the property Rights of the people, Government creation of fiat money to control the monetary system, and Government disarming the people while keeping themselves armed.

3)  The English Bill of Rights of 1689, reinforcing that maintaining the Separation of Powers is essential in preserving Liberty. In 1688, they declared that it will be the complete destruction of Liberty when the Executive Branch is allowed to write law, set aside law, and overturn law–when those are powers reserved to the Legislative Branch alone.

These 5 documents I have discussed up to this point form the foundation of our Constitution; John Adams in 1765 said:

Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.

Without the Magna Carta of 1215, there would be no Declaration of Independence, no Constitution, and no Bill of Rights. We have this history to thank for our Liberty today.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

Like Obama’s Executive Orders? Then You Will LOVE TPA!

How have presidential executive orders worked out for us, lately? Can you imagine this power in the hands of this president expanded to INTERNATIONAL rules and regulations? Congress wants to do just that: expand presidential EOs into INTERNATIONAL EXECUTIVE ORDERS. That is exactly what TPA is all about, international executive orders. Since the “experts” don’t seem to want to connect the dots, let me show you how this really works.

TPA is an authority granted to the president to engage in “executive agreements” with foreign countries. What is that actually? Well, simply put, it is the power of Executive Orders for international agreements.

“Executive agreements” are not the same as treaties, the “experts” claim, because they do not carry “Constitutional authority.” However, the “experts” will tell you that even though they do not carry the power of Constitutional law, they carry the power of International law.

The “experts” claim that because executive agreements are NOT treaties, the States are not bound by them per Constitutional law. The experts fail to mention that these agreements are binding upon the executive branch and anyone considered a “party” to the executive agreement.

The “experts” also claim that these executive agreements do not represent unlimited power because they are not “lawful” unless Congress approves them. They neglect to tell us that this approval is one of a simple majority; there is no chance for a filibuster and no authority for Congress to make any amendments to these executive agreements.

The “experts” also tell us that these executive agreements do not expand presidential power. After all, they say, nearly every president since Roosevelt has had the authority of these executive agreements. They also neglect to mention that there is absolutely NO Constitutional authority for executive agreements.

The final claim is that trade agreements will stop without these executive agreements, that the office of the president cannot possibly negotiate with foreign countries unless we authorize this expanded power. This ignores the fact that international trade existed long before TPA.

HELLO AMERICA! Do we hear what they are saying??? These are the SAME things we are told about Executive Orders here in the US.

Executive Orders are not the same as law.

EOs are not binding on the States and the people, only executive agencies. But these executive agencies, via EOs, ARE controlling the people and robbing us of our Property, our Liberty, and our livelihoods.

EOs are not expansions of presidential power because every president has written executive orders. (This premise ignores the fact that although all presidents used executive orders, only modern presidents used them in conjunction with unconstitutional executive agencies.)

Although EOs cannot be amended by Congress, they can be stopped by Congress with a simple majority vote under Art. 1 sec. 7.

EOs, we are told, are necessary for proper and efficient operation of the executive agencies. Without EOs, the government would shut down.

When has an EO ever been overturned by Congress? When was the last time Congress exercised any significant limitation upon presidential power? And NOW they want to expand that power to include international executive orders, binding upon the same executive agencies that already drive us into complete servitude.

Do you want the UN Arms Treaty? Of course not. With TPA, the president won’t have to sign the UN Small Arms Treaty; he can make an international trade agreement dealing with small arms that will bind all the executive agencies in the US to the SAME rules and regulations as the UN Arms Treaty.

The same would work for the UN Land Sea Treaty. Obama just will have to make an international executive agreement. This executive agreement will bind executive agencies. PRESTO! International environmental controls? NO PROBLEM. International gun standards? NO PROBLEM! International standards of law? NO PROBLEM!

TPA will allow the president to have the power of treaties without the fuss of proper checks and balances…just like Executive Orders.

It is absolutely mind-boggling how people much smarter than me aren’t talking about this truth. Why are Cruz, Walker,  and the ‘libertarian’ Cato Institute joining with Obama, McConnell, and Boehner to push these International Executive Orders? I don’t have the answer for that. But it is clear that TPA is not a specifically enumerated power. TPA is not necessary for trade. And, we have a current example of this kind of power being used; and it has NEVER preserved Liberty.

TPA will do the same thing already accomplished by EOs to Americans–and will expand that to international standards and control. How can we possibly think that will work out well for us?

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

Don’t Get Your Hopes Up, Americans–The Government Is Still Spying On You

Government spying hasn’t ended because sec. 215 of the Patriot Act expired. But there are some VERY important things that did happen, and we MUST NOT forget them.

1. Political awareness of government spying is at an all-time high–and there is an all-time high in public outrage over this. The platform that was created by Rand Paul​ and Justin Amash​ is a very important tool to create and maintain the momentum to push this Liberty issue even further.

2. We learned that we can defeat the government machine and that there are people willing to step up and defend Liberty, regardless of the consequences.

3. We have further reinforced WHO the enemies of Liberty are. I don’t care if they actually believe they are working for “the greater good.” Whether it’s evil, ignorance, or folly, the results are still the same. I have vowed my life to stand against ALL who will take Liberty from our children.

4. Now is NOT the time to stop. Now is the time to use this momentum and take Liberty all the way!

5. We can win in small places to make big impacts. Some say this is just a symbolic win, that this is just a morale booster and nothing more. I wholeheartedly disagree. Perhaps these people do not know the history that created our Original Independence movement? Try this history on for size:

James Otis, Jr. stood against warrantless searches in 1761. He was outcast by his community, he was threatened with being banned from practicing law, and he was charged with treason, a crime punishable by death. Otis responded by saying: “I can sincerely declare that I cheerfully submit myself to every odious name for conscience’ sake; and from my soul I despise all those whose guilt, malice, or folly has made them my foes.”

Otis would argue, much like Rand Paul, for 5 hours in a British court against these warrantless searches. He called them “the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book.” He vowed: “I will to my dying day oppose, with all the powers and faculties God has given me, all such instruments of slavery on the one hand and villainy on the other as this Writ of Assistance is.” At the conclusion of Otis’ arguments, the court would not even give him the courtesy of a proper ruling. The would take the matter “under advisement.” That means that the law would remain until they would decide otherwise…they would never do that.

In 1761, someone might walk away from that situation in utter despair. Otis gave every aspect of his life for this cause. But John Adams would write about that day in 1761, 40 years later:

Otis was a flame of Fire! With the promptitude of Clasical Allusions, a depth of Research, a rapid Summary of Historical Events and dates, a profusion of legal Authorities, a prophetic glare of his eyes into futurity, and a rapid Torrent of impetuous Eloquence, he hurried away all before him; American Independance was then and there born. The seeds of Patriots and Heroes to defend the non sine Diis animosus infans, to defend the vigorous Youth, were then and there sown. Every man of an immense crowded Audience appeared to me to go away, as I did, ready to take up Arms against Writts of Assistants. Then and there was the first scene of the first Act of Opposition to the arbitrary Claims of Great Britain. Then and there the child Independance was born. In fifteen years, i.e. in 1776, he grew up to manhood, declared himself free.

So you see, an event that appeared to be a great loss, at first glance less progress than that achieved by Paul and Amash and the expiration of section 215 of the Patriot Act, actually birthed the movement that would become America’s Independence. And what we do now will determine the future of Liberty in America. Do we gripe and moan and belittle what happened? Do we throw our sucker in the dirt and stop home in defeat? Or, perhaps, dod we do what James Otis, Jr., Dr. James Warren, and Samuel Adams did and turn this small victory into the momentum of full-scale independence from government control?

We MUST take this advancement and move further. We must take this victory and demand the repeal of the ENTIRE Patriot Act. We must kick the DHS out of our communities. We must end ALL government spying on Americans, and we must secure Liberty at all costs. Anyone out there willing to take the James Otis, Jr. Pledge?

I (insert your name) can sincerely declare that I cheerfully submit myself to every odious name for conscience’ sake; and from my soul I despise all those whose guilt, malice, or folly has made them my foes. I will to my dying day oppose, with all the powers and faculties God has given me, all such instruments of slavery on the one hand and villainy on the other as is this government denial of Liberty.

As for me and my house…we will choose Liberty over security, Principle over party, and Truth over personality…to our dying day, with all the power and faculties God has given us. Liberty Matters!

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth