October 30, 2007

Jefferson on the Constitution

“They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless.” —Thomas Jefferson

Well I guess that's pretty clear when applied to today, isn't it? The Constitution is completely, and utterly useless. I guess we still pretend that it applies so that people will think there's law and order in America today. Here's a clue: there isn't. The current legal system is about people deciding to punish people they don't like and to raise cash to spend on the legal system.

Once again, R.I.P. America.

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July 12, 2007

The Constitution and the Iraq War

Now I know that in reality the United States Constitution is nothing but an old, dirty piece of paper that was written by slave owning white people. However, the scumbags dirtballs slimy bastards Senators who serve in Congress did swear they would uphold the document when they took office. And now they're trying to tell President Bush that they're going to order a withdrawal from Iraq. That should have exactly as much effect as me telling Jesse Jackson to pull down his pants and moon Chicago from the top of Soldier Field. The Senate can ask all they want, but they don't have ANY power under the Constitution to do any such thing. What CAN they do?

Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

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 an 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.


Now, did you see anything in there about giving orders to the President or the military? It's not there. Why? Oh, there's another section of the Constitution:
Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.


Oh yeah, there it is.

The President, if we actually followed the Constitution, is the ONLY person with the power to give orders to the military. The Senate, again, IF we followed the Constitution, has NO such power. If I were president, I'd remind them.

If the Senate honestly wants to end the war and they want to follow the Constitution (neither of which I think they want to do), they have ONE option and only ONE option available to them. They can defund the military -- ALL of it.

It's all crap, it's all politics from the billionaire boys club. Miserable S.O.B.s, the lot of them.

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April 09, 2007

OR to Outlaw Christians

Sure, everyone knows that Oregon is a pretty liberal place. Everyone knows that if you want socialism in America, that's a good place to go. And I'm quite often in favor of self-government -- let people get what they vote for. Of course, there's limits. The first limit should be that they have to pay for it themselves. Then socialism would fail quickly. The second is that pesky thing that liberals absolutely despite: the U.S. Constitution.

The Constitution is very clear on many issues. Of course, if the Democrats don't like some portion of it, they tend to just ignore it. And with the 9th circus court overseeing Oregon, they often get support in their destruction of the Constitution. I expect no less this time.

The Senate in OR has passed a law that will make it illegal to be a Christian in the state. The governor has already indicated he will sign it. The only hope for any semblance of freedom in Oregon is to stop the bill in the OR House.

This bill, hailed by the hate-filled gay movement, will make it illegal to have a church. It will criminalize thought. It will require that children in the state accept and approve of homosexuality -- if they don't, they may not be permitted to get a high school diploma.

This law would require churches to hire homosexual -- in any position that the homosexual wants. The bill would create quotas for other businesses and would require each business to meet this quota of queers in the company.

Sorry, gay bastards, your behavior is NOT a civil right. This would be the first law of it's kind to attempt to make voluntary ACTIONS a "protected" civil right. And it would destroy any semblance of any Christianity in the state. This law would clearly and openly violate the first amendment regarding both speech and religion. But as the OR Constitution Party says, if this passes, perhaps it's time for another civil war.

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December 15, 2006

Bill of Rights Day

Happy Bill of Rights Day! Thanks to a reminder from Always on Watch, I remembered! Today is a day set aside by the government to remember the Bill of Rights. For more details, check out AOW's link above -- there's also a link there to area celebrations, so check that out.

Unfortunately, I think Bill of Rights day has become more of an day to honor something that has passed, rather than celebrating what we have. Indeed, I'm not saying that this country isn't the freest in the world, just that we lose more and more freedoms every day and very, very few people seem to care.

Another thing that isn't taught any more in government schools -- the government doesn't GRANT rights. They're not capable of it. Instead, the Bill of Rights was intended as a specific list of rights that the government was to never, ever, trample upon. However, today, I think every single one of the original bill of rights has been violated by our government, including all three branches in cooperation.

If you do truly love the Bill of Rights, there is but one possible solution today that will allow YOU to live in a place of freedom. There is a very small, but growing, group of people who honestly love freedom. They want to claim a small area of the country and make it as the founders intended. They don't want socialism or communism as today's governments want. They want open, unrestrained freedom. They want government to do as it should in a free society: as little as possible. Who are they?

They are The Free State Project. And they need you, if you want real freedom, to join them. And if you're really, really serious about freedom, join them in the First 1000 pledge -- trying to find simply 1,000 people who will agree to move and work for freedom in our lifetime -- but only if 999 others will join them.

Celebrate the Bill of Rights -- by restoring those rights to the people where they belong.

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May 12, 2006

Bribery with Tax $ Ruled Okay

Superior Court Judge Robert Hobgood has ruled that using tax money to pay off or bribe people is perfectly legal when the government does it. His ruling had no comment on whether bribery is legal when individuals do it.

So, if you're a business, do not worry about the usual ways of making money. A new factor must be put in place -- but only if you're a large business. That new accounting category is government bribery income. Judges have ruled now that it is legal for a government to give cash to a business to lure them away from other states (in a clear violation of the US Constitution's Commerce Clause).

If you're a big business losing money, head to Raleigh and see how much money the legislature will give you -- with a surplus this year, odds are good they'll give you quite a pile!

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November 28, 2005

14th Amendment

The 14th Amendment to the US Constitution says:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Take special note of that second phrase: "and subject to the jurisdiction thereof"

The Supreme court incorrectly ruled that illegal aliens who give birth in this country create citizens. The law states all persons "subject to the jurisdiction thereof." Illegal aliens are not subject to the jurisdiction thereof.

Currently some members of Congress are making moves to correct this mistake by the Supreme Court. They are correct and should be supported. This move is not anti-children, anti-immigrant, or anti-anything. Instead, this move is pro-freedom, pro-law enforcement. Remove some of the incentives that others pay for and there will be a reduction in criminals entering this country.

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October 27, 2005

Nice Quote

It is ironic that our founding fathers wanted to free ourselves from European Imperialism but modern constitutional scholars believe that we are in fact subject to their whims...

From Part Time Pundit.

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October 23, 2005

Unabridged Constitution

I think I understand now. All the Constitutional issues that have been discussed amongst conservatives and liberals now make sense -- apparently there's two different version of the U.S. Constitution, and conservatives have only seen one version. The Unrepentant Individual has found the unabridged version.

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September 16, 2005

Constitution Day!

Today is Constitution Day (okay, technically it's tomorrow, but I'm celebrating today)! All day long will be posts about the Constitution here. Scroll down to read the posts as they appear all day long (this post will remain at the top). What's your favorite part?

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US Constitution, Wrap-up

Well, folks, that's all for our United States Constitution Day celebration! There's cake and ice cream in the back for those who want it.

Thanks for stopping by, and thanks for reading any and all of the Constitution that you did. I hope you did read at least some of it. If you want to see it all in one place, the U.S. House's web site has a copy posted. Please read it, if you haven't.

Seriously, you should know and understand this document if you live in this country. Carry it with you. Ask questions. When you see a federal elected official doing something, ask them to point out where YOU gave him permission to. If it's not in the Constitution, he doesn't really HAVE your permission, does he?

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US Constitution, Other Amendments

I'm going to lump all the rest of the amendments to the Constitution in this one post. They do indeed have as much power of law as the other amendments, but they are just seen as inferior to the others. Well, in a way they are. They're not part of the original document. Some are just silly.

Either way, I don't see any more amendments ever happening. To get an amendment passed it takes the votes of the legislatures of 38 states. As sharply divided as this country has become, do you think there's any chance that there's ANYTHING that 38 state legislatures can agree upon?

Then again, that's why the Constitution was set up the way it was -- it's not supposed to be easy to change... more...

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US Constitution, Amendment VII-X

I chose to do the final block of the Bill of Rights all together. They're a bit shorter than most of the amendments, although no less important. I'm also trying to wrap this series up today, not next week!

Article [VII.] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Yet ANOTHER mention of the jury trial. There is nothing else that is mentioned so many times in the Constitution. I don't know how much more I can emphasize that the founders honestly believed that the most powerful control on government was the jury. Really!
Article [VIII.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

This is the amendment that's used to argue against capital punishment. That was clearly NOT it's intent. It was intended so that judges would not try to punish people severely for minor crimes. Can anyone explain how it's cruel to humanely execute a pedophilic mass murderer?
Article [IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Oh, this one is HUGE. This is one of the most important of all of the Bill of Rights (I seem to say that a lot, don't I?). This helps enforce the idea that this document IS NOT granting rights. This clearly describes that the people have ALL the rights. What is outlined here are only a very small number of them that are specifically listed as being off-limits to the government. ALL other rights ALREADY belong to the people.
Article [X.] 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.

This is one that gets abused pretty regularly, too. This amendment outlines that the ONLY things that the federal government can do is what is very specifically listed in this document. This is the reason that it is absolutely unconstitutional for the government to be giving billions of dollars for Katrina aid -- it specifically says that if The People didn't give their permission in this document, that the government CANNOT do it -- no matter how "nice" it might be.

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US Constitution, Amendment VI

Another amendment in the Bill of Rights that PROTECTS rights of people (it does NOT grant rights):

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This is a nice amendment and again something very different from the various governments that existed at the time. It is the amendment that really ensures that the guilty are the ones that go to jail.

You get a speedy, public trial in this country. Well, you did until the Patriot Act showed up. And if you're on trial, you get a jury. This right is also outlined in the body of the Constitution as well, so you can tell the founders really thought that a trial by jury was VERY important. Juries really do have the MOST power in this country -- if only they would exercise it.

You must be informed of the charges against you -- you cannot simply be held for no reason -- they have to tell you WHY.

Also notice that you have the right to confront the witnesses to the crime. In other words, if you can't find me someone to point at me and say that *I* did it, then you cannot convict me of the crime.

This amendment also describes that right that you have to assistance with your trial -- if you don't know the legal system, the government must provide you with a guide (lawyer).

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US Constitution, Amendment V

The Fifth Amendment, most likely to appear in courtroom television, goes like this:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

There's a number of parts to this one that are very, very important.

This is the right against double jeopardy. This says that if you are tried for a crime and the jury finds you innocent, then you are innocent. The state cannot later decide they want to try again with another jury. This is another item that gives GREAT power to a jury. Remember, those who serve on juries, you can find someone innocent for ANY REASON WHATSOEVER -- no matter what the judge says.

This amendment also outlines that you do not have to testify against yourself. I'm not really sure why that had to be codified -- it seems pretty darn obvious to me.

This amendment also did something very different for it's time. It said that no government or government agent could take your things from you without due process. A king could not just take your land because he wanted it -- there had to be due process -- a legal procedure to determine right from wrong.

The last part is yet another part that was VERY clearly destroyed with the Kelo v. New London lawsuit. I don't know how clear it has to be to say that private property could be taken for public use without due compensation. And never mind that giving land to a private corporation -- how in the world can any sane person claim that is a public use?

But back to the amendment -- the key part of that last phrase was to indicate that all land in this country was to be privately owned and if the government wanted to take it for a legitimate public use (courthouse?), then the government would have to PAY for it, and they could not just take it.

Many localities in North Carolina walk all over this amendment. When they want some land for any reason, they condemn the land first, making it's value drop by 50% or more, then they claim that is "just compensation." Idiots.

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US Constitution, Amendment III & IV

The Third Amendment:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

That one doesn't seem to apply so much today. However, back in colonial times, the British troops would often be quartered (stationed) in someone's house, and you were not allowed to refuse them food and shelter. Well, you can't do that. Simple enough.

The Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now this one is getting a lot more attention these days, especially with the Patriot Act and "Secret Courts" apparently violating this one.

It says I'm secure in my house and YOU cannot come in. It's my house and I own it. You cannot even look inside unless you have a warrant based on probable cause. No, I cannot explain how in the world Kelo v. New London doesn't violate this amendment.

This is a right that is not enjoyed in many other countries. It is the right to own and have private property. Without this one, many of the others would fall apart because you might be able to own a printing press (or computer, or gun), but the government could just walk in your house and take it away from you if they didn't like it.

Keep an eye on this amendment, because it appears to me to be violated all the time. Judges, why do you allow it? I refuse to accept the argument that if we all give a little bit of our freedoms, including this one, that we will be any safer.

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US Constitution, Amendment II

Ah, this one is perhaps my most favorite amendment, and, in my opinion, the absolutely most important amendment of all, for without it, there could be no others:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Yes, for those who didn't already know it, I'm one of THEM. I'm a zealous gun-nut. I own a pile of guns and ammunition, and there's no possible way you or anyone else will get them without me dead. But anyway, back to the amendment...

This amendment was put in there in response to the ways the British tried to control people by taking away their weapons. Even back in the 18th century the founding fathers realized that by far the best way to control a citizenry would be to disarm them.

Throughout history there are examples of dictators disarming a populace and then them being destroyed or enslaved. Certainly there are other ways of crushing a people, as today's government has learned so well, but confiscation of arms is certainly the quickest way.

Many, many, many books and articles have been written about guns and crime. According to the Constitution, none of that matters. The Second Amendment absolutely ensures that NO ONE can take away arms from a free people.

Also note the distinction between this amendment and the first amendment -- the first amendment specifically applies itself only to Congress. That was the intent there, to only limit Congress and not other legislative bodies. However, the second amendment has no limitation. It applies to ALL legislative bodies -- no government entity or agency anywhere in this country may infringe on the basic right of people to bear arms (or arm bears).

The other great issue at stake here is the ability of the people to throw off a corrupt government. If the people are not armed, that simply is not possible. In the various writings of the founders, they specifically mention that one of the purposes of an armed populace IS to keep the government in fear of overthrow -- they knew there may come a time when the people would need to destroy this governmental system.

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US Constitution, Amendment I

The first 10 Amendments to the Constitution are collectively know as the Bill of Rights. These were proposed by the first Congress on September 25, 1789. They are not actually part of the original Constitution, not having been ratified until December 15, 1791. However, they are part of the Constitution, according to the Constitution.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This one seems very clear to me, but I'm a literal, logical person. It very clearly states that Congress can make no laws that does certain things. If you're NOT Congress, then this does not apply to you.

These amendments were, in part, further specific limitations placed on government. They were not in place to define what rights people have, they were to define rights that could not be taken away by Congress.

This is a rather large amendment, and it helps outline why this is still the freest country in the world. You can have any religion you want, and the government cannot punish you (unless you're Christian, then you can be punished). The press can print what they like about politicians and public figures (even total lies about Bush if they like). And like-minded people can assemble in peace (unless you're Christians having church or don't like abortion).

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US Constitution, Article VI & VII

Article VI establishes the Constitution as the supreme law of the land. It describes that all contracts, engagements, and judges are completely bound to the obey the Constitution. It describes that all people and officers who will serve the country will swear an oath to this Constitution, especially all Senators and Representatives.

It also describes that no religious test shall ever be required as a qualification to any public office or public trust in the United States.

Article VII explains that the Constitution is ratified and binding as soon as nine states have accepted it.

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US Constitution, Article IV & V

Article IV of the Constitution explains the relationships among the states and the federal government.

Section 1 explains that each state must give "full faith and credit" to processes of every other state -- but then it continues to explain that Congress has the right to describe how they must do that.

Section 2 says that each citizens has the same privileges and immunities of "several states." It also describes that each state will give up any citizen of other states who flee from justice or law to another state.

Section 3 describes how to add states (and unfortunately does not say how to get RID of states).

Section 4 says that each state will have a republican form of government.

Article V explains how to amend the Constitution -- 2/3 vote in both houses of Congress or 2/3 of the legislatures of the states can propose an amendment. Then 3/4 of the state legislatures must approve the amendment.

I don't see any more amendments, ever. There's 50 states. To get an amendment to pass, 38 states would have to agree. I don't think we could get 38 state legislatures to agree that the sky is blue.

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US Constitution, Article III

The third article to the US Constitution explains and defines the powers and responsibilities of the judicial branch.

It describes the Supreme Court. It clearly outlines the narrow powers of jurisdiction of the Supreme Court. They only have jurisdiction over ambassadors, public ministers, maritime, between two or more states, between a state and citizens of another state, between citizens of different states, and between states and the citizens of that state. So if your beef is with another person of your state, it's not going to the Supreme Court.

Section 2 also describes that the trial of all crimes except impeachment shall be by jury in the state where the crime was committed.

Section 3 defines Treason: "shall consist only in levying war against them [The United States], or in adhering to their enemies, giving them aid and comfort." I think there are many who are claiming treason who have serious legal ground, so don't dismiss those accusations so quickly. "aid and comfort?"

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