Tag: U.S. Constitution

The Lost Constitution

Supreme Court Justice Clarence Thomas

The U.S. Constitution

Clarence Thomas is an American judge, lawyer, and government official, and for the last three decades, a highly respected Associate Justice of the Supreme Court of the United States. He is, perhaps, one of our era’s most consequential and controversial jurists.

Often described as an originalist or textualist, Thomas would be ranked neck and neck with the late Justice Scalia for being considered the most conservative justice on the court, and for being a part of the conservative wing of the Supreme Court.

Myron Magnet

I was reading a article in the September issue of Imprimis, a publication of Hillsdale College. The article was adapted from a speech given by Myron Magnet at Hillsdale College’s Constitution Day Celebration in Washington, D.C. on September 17, 2019. Magnet earned an MA from Cambridge University and a PH.D. from Columbia University where he taught for several years. He has worked as an editor for the City Journal, and written for several publications including The Commentary, The Wall Street Journal, and The New York Times. He has also authored several books, including The Founders at Home, The Building of America, 1735-1817, and, most recently, Clarence Thomas and the Lost Constitution.

A fascinating article

According to this article, during his almost three decades on the bench, Justice Thomas has been laying out a plan for reshaping Supreme Court jurisprudence. His template for this endeavor is the U.S. Constitution as the Framers wrote it 232 years ago. As Alexander Hamilton wrote in the first Federalist, the plan was to create “good government from reflection and choice,” rather than settle for a regime based, as are most in history have been, on “accident and force.”

In Clarence Thomas’s view, what the Founding Fathers achieved 232 years ago remains as modern and up-to-date as it was in 1787.

However, according to Clarence Thomas, the Supreme Court lost its way. During the 1930s and the implementation of the “New Deal,” the Supreme Court buckled under President Franklin Roosevelt’s threat to enlarge and stack the court. Roosevelt had wrongly diagnosed the cause of the Great Depressions as a “crisis of overproduction” and therefore, wanted to take control of the entire economy to regulate it. Sound vaguely familiar?

The “Court’s dramatic departure in the 1930s from a century and a half of precedent,” Thomas says, was a fatal “wrong turn” that marks the start of illegitimate judicial constitution-making.

Myron Magnet, Author, Clarence Thomas and the Lost Constitution

Starting with this fateful decision, over time the “Supreme Court” has over seen and sanctioned the development of a new administrative system. One in which the Congress has given up its legislative role, and has delegated the power to make and enforce laws to nameless, faceless, and unaccountable bureaucracies. According to Thomas, this new legislative process has no basis to exist within our constitutional structure.

You can read the entire article here if you like.

Why does it matter?

The United States is a Constitutional Democratic Republic, and a wildly successful experiment in self-government that lifted more people out of poverty than any other system in existence. Americans have shed more blood in the name of Liberty and Freedom than any other nation on the planet.

To exist, such a nation relies on a system of ethics. It does take a certain level of character to be capable of liberty.

Unfortunately, for the last several decades, some have been leading a movement toward the politics of victimization, the politics of race, or gender. The Left divides Americans into categories and then pits one category against another in order to gain and keep power. They have succeeded in dumbing-down our education system to the point that we have a generation of young people incapable of critical thinking. These kids can only regurgitate what they have been spoon-fed by the public school systems for their entire time in school.

The Left simply wants a compliant citizenry and to take total control of your life.

And I think Thomas Sowell agrees …

The U.S. Constitution

According to Sowell, one of the more painful signs of years of dumbed-down education is the number of people who are unable to make a coherent argument. Sure, they can vent their emotions, question other people’s motives, make bold assertions, and repeat slogans. They can do almost anything … except reason.

And what about Thomas Sowell’s thoughts on the divide and conquer politics of today’s left?

If you believe in equal rights, then what do “women’s right,” “gay rights;” etc. mean? Either they are redundant or they are violations of the principle of equal rights for all.

Thomas Sowell, Random Thoughts column, 2013

Give up your freedom, give up our Country!

Socialism, communism, fascism … all different names for the same authoritarian form of government, and the antithesis of everything America was founded on.

Socialism, in fact, has a clear history of failure so blatantly obvious, that only a truly dishonest liberal intellectual could successfully ignore it. But for today’s new radical left, the facts don’t matter and the U.S. Constitution is a thing to be disregarded and destroyed … except in the rare occurrence (sort of) following it just happens to suit their agenda.

Character, honor, critical thinking, ethics, integrity, and America’s great history: all the things needed to help ensure the continued success of this constitutional democratic republic are ridiculed, discarded, or removed.

In a government system based on equal opportunity and individual rights, the truth is much relies on the individual. In this land of equal opportunity for all, each citizen must forge their own fate, like all the other Americans that came before them. Where there’s a will, there’s a way.

If you fall down seven times, get up eight

Not everyone can or will succeed every time they try. But you have the right to try again. Yes, we as a country provide certain safety nets, but they are a hand up … not a hand out. And, they need to be viewed as such. If you come to rely on the government for your existence, the government owns you, body and soul.

Regardless of race, color, creed, religion, sex, or gender, everybody faces adversity at one time or another. Each individual must choose whether or not to buckle down and overcome that obstacle, and in this way, shape their own destiny.

Unfortunately, it is simply easier to blame life’s adversities on some powerful evil entity that forces us into a state of victim-hood … powerful entities that only a mighty and benevolent government master can protect you from.

The Constitution, as created for us by our Founding Fathers is a brilliant document designed to ensure individual freedom for all American citizens,. But, it presupposes citizens of the first kind, not the second. Without them, and a culture that nurtures them, no free nation can long endure.

What Is It About The Electoral College?

electoral college

The Electoral College has recently been the subject of heated debate. However, most of what I’ve seen and heard makes it clear not too many Americans today understand why and how the Electoral College came to be. This is not all that surprising, given the state of our public school system. The truth is that, at one time, the Electoral College was not controversial at all. This was because people understood how it worked and why it was put in place.

Today, more than a dozen states have joined in an attempt to remove or circumvent the Electoral College. This is because Hillary Clinton lost the 2016 election while receiving a majority of the popular vote. However, if you examine how that popular vote broke down, Clinton received a large number of votes from densely-populated urban areas like New York and California. In fact, if you remove California, President Trump would have won the popular vote by 1.4 million votes.

This is a somewhat flawed argument. You could arbitrarily remove any state’s electoral votes and the outcome could be altered in some way. But, it still illustrates the central point. The Electoral College was instituted to ensure that a President must have broad national support to win. The president is the president of the whole nation, not just president of the most densely-populated urban areas.

Article II, Section I of the U.S. Constitution states:

Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in Congress.

Article II, Section I of the U.S. Constitution insures that each state retains equal representation in presidential elections, exactly like they do in Congress. It is genius and it insures a nationwide “fair” representation in presidential elections.

The Electoral College was designed to make sure that each candidate took their message to the whole nation, and subsequently won based on national support for their policies. The Electoral College was designed precisely to prevent a situation where a state like New York or California become the defacto policy decision maker for the entire nation. Since its inception, it has worked brilliantly in doing exactly that, sometime benefiting the Democratic Party and sometimes the Republican Party.

One has to ask if those currently clamoring for ending the Electoral College would be doing so if their side had won the majority of Electoral College votes and the election.

electoral college

Perhaps the Electoral College is a victim of its own success. Throughout American history it has shaped American politics in many ways that were beneficial to this country. It only becomes an issue when one side loses a closely contested election and just cannot make themselves accept the results.

For those interested in states rights, abolishing the Electoral College would give the states less power against the federal government. The Electoral College also prevents a strong, charismatic person from using a fickle surge in popular support to consolidate more power and become a dictator.

If you truly understand the role of the Electoral College in making sure the entire nation has a voice in its presidential elections and you believe in fairness and the Rule of Law, it is hard to imagine why anyone would call for its abolition. I can only think of two reasons.

  • You do not understand what it does
  • You are making a power grab, and you can’t win national elections … therefore, you have to change the rules.

Judges Arming Following Violence At Courthouses

Judges Arming Themselves2nd Amendment, Shooting & Firearms Blog recently posted this item on Judges Arming Themselves.

We now have judges arming themselves in the courtroom?  It is a sad state of affairs when judges arm themselves to feel safe in their own courtrooms. My question is, should not everyone else have the same option? Is the judge’s life more valuable than mine? I am not allowed into the courtroom with a pocket knife.  However, the judge packs some serious heat? I would really like to see nationwide Constitutional Carry the law of the land. It could certainly be combined with serious penalties for anyone choosing to use firearms in the wrong way, such as during the commission of a felony, committing murder, assault, etc.

It seems that all the leniency, reduced sentencing, and revolving door judicial policies are not helping to protect these Judges!

No more wrist slapping and revolving door policies for criminals using firearms during the committing of their crimes. Severe penalties exist on the books on the books for people who do.  Do judges impose them?. Hurricane Irma brings to light the true greatness of many of our citizens.  However, then we also see looters and people taking advantage of victims of such catastrophes. People have a right to protect themselves and their property from criminals, rapists, looters, and other snakes of the two-legged varieties. Rioting … burning people s cars, businesses, beating people up for wearing a Trump hat is not political free speech. People have a right to protect themselves from actions such as these.

As long as we enable and elevate criminals, denigrate and handcuff our police, and continue use the racist left-wing progressive policies of identity politics, our American civilization will continue to deteriorate and fall into further decline. It is time for Americans to stand up and take our country back.

 

Source: More Judges Arming Up Following Recent Uptick In Violence Around Courthouses

Can We Have an Honest DACA Discussion

Some DACA Honesty … Please?

DACACan we have an intelligent discussion about DACA? The Left now blasting President Trump for his decision to phase out DACA. However, what he did is put the decision back where it RIGHTFULLY, LEGALLY and CONSTITUTIONALLY belongs … in the hands of Congress. Of course, if you hate America, the U.S. Constitution, the Rule of Law, and everything this country stands for, you would be blasting this decision … no matter who made actually made it

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What did President Trump Say?

The President Trump’s administration announced its decision on DACA Tuesday.  They will implement an “orderly wind down” of this Obama-era executive order.  The unilateral order gave a deportation reprieve to illegal immigrants who came to the U.S. as children. In addition, President Trump gave Congress 6 months to come up with a legislative solution to the issue. Congress, not the President, writes the laws. They don’t teach that in school anymore? It is almost as if our schools are preparing our kids for a more “authoritarian” form of government.

I often wonder were all the vocal critics and protestors when, under the Democratic controlled legislature, Obama couldn’t get this done through legislation? Remember, Obama is the one who took the unconstitutional path and imposed it unilaterally by executive order … not President Trump.

What About Being A Society built on Laws?

It has become fairly clear that neither the establishment politicians of both parties nor the media care about the rule of law. 25 States sued the previous administration in Federal Courts with Federal Judges ruling that DACA (and DAPA) were unconstitutional executive actions. Did you hear about this in the left-wing mass media? Nope? I sure didn’t. I think I heard it on Fox news though! That must be why the Left hates Fox News so much. Furthermore, it is simply more evidence of the mass  media’s  “enemy of the people” status perhaps?

President Trump is Heartless, Evil, Racist, and Cruel!

I don’t think so. First of all, I think this decision weighed heavily on his mind.  Look at what he said and think about what it really means. What is the message behind President Trumps words?
I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are a nation of opportunity because we are a nation of laws.

And What of Barack Obama?

Yesterday, Obama went on the attack, saying President Trump’s ending of DACA is “cruel”. Yet, he once said he did not have the authority to do what he later did. Either Obama has a very short memory or his is being very disingenuous in his attack on President Trump. Furthermore, I remember when Obama stated this was not amnesty or immunity. Obama said it was not a path to citizenship. He stated himself this was not a permanent fix … calling it a temporary stopgap measure.

Just maybe, what President Trump is doing … is actually fixing the gap!

American Conservative are Facists?

obscene

I am forever amused by the claim by progressive democrats and other left-wingers that American conservatives are somehow the Nazis (or Fascists) of modern America.  While it makes good campaign rhetoric or a bumper sticker slogan, the facts really do not support that claim at all.  In fact, the facts support just the opposite. The truth is that Communism and Fascism  are really close cousins. Despite the progressive’s propaganda, both communism and fascism are statist (large, intrusive, centralized) forms of government where the people serve the government.  American conservatives believe in limited government based on the consent of the people and that the government should serve the people (See the U.S. Constitution).  That is why they tend to support and defend  the U.S. Constitution.  Obama is an authoritarian ideologue who believes in an all powerful statist government.  It does not matter whether you call him a communist, socialist, fascist or progressive.  In the final analysis, it all mounts to the same thing.

Both Communism and Fascism find much of their ideology in the works of Hegel.  Georg Wilhelm Friedrich Hegel was a German philosopher of the late Enlightment period and lived from 1770 to 1831.  Hegel’s philosophy was very influential to both Karl Marx and Adolf Hitler.  Marx would describe himself as a “Left Hegelian.” This meant that he adopted certain portions of Hegel’s views, such as Hegel’s views on alienated labor, the ideal state, and the “hero” of history, who Marx thought of as an engineer that could design society much like a master builder with a blueprint (Remind you of anyone?).

Hegel, along with Kant, Nietzsche and Wagner, also had great influence on Adolf Hitler vision for Germany. The “Right Hegelians” were more influenced by the necessity of “duty.  Hitler took from Hegel the notions that the state has supreme power over the individual and that historic progress demands conflict.  Hitler believed that Hegel’s “force within history” applied to the German people and he justified his invasion of Europe by using Hegel’s theory of ‘coming into being.

The only real-world difference between socialism, progressivism, communism and fascism is that in communism the state owns everything, while in socialism, progressivism and fascism, the individual can indeed own private property … the state just tells them what to do with it!

The Great Socialist Gun Grab!

Gun-control-experts1-600x350

Tell me … how many of you really believe the government can keep you safe?  How many of you will be assigned your own personal security team?  Barack Obama, Diane Feinstein, Joe Biden, John Kerry, Harry Reid, and Nancy Pelosi all travel with bodyguards armed with … “gasp” … guns!  Why is it ok for them to have the protection firearms provide … but not you?  Are their lives more valuable to them than yours is to you?  Will the country not survive without them … so therefore, they are the privileged few … the only ones who deserve to be protected?

Or … maybe in their eyes, we are not all created equal in the eyes of the Lord.

Like glorified Snake Oil salesman, Obama and his administration want to sell you the idea that only the government can keep you free and safe.  But to Obama and his big-government socialist cronies, the truth hidden behind all the trappings is that to them, it is simply about obedience to their laws (legal or otherwise) and to your betters … a benevolent dictatorship!  This is kind of funny in a way because Obama runs one of the most lawless administrations in the history of our country.

The vigorously renewed liberal elite’s assault on the 2nd Amendment is being wrapped in the guise of protecting the American people from criminals and is capitalizing on the raw emotions brought on by recent shooting tragedies such the two that occurred in Aurora, Co and Newtown, CT.  These were tragic events and I do not in any way belittle them. My heartfelt sympathy goes out to the victims and their families.  However, the highly emotional context of this situation makes people very susceptible to government-sponsored knee-jerk reactions and quick fixes like blaming and banning the gun; while ignoring the shooters, their history, mental illness, etc.  They also ignore the fact that most of these shooters obtained their weapons illegally!   In the minds those evil or mentally ill in our society who murder the innocents among us; obedience to gun laws is the very last of their thoughts.

mcveigh

Therefore, passing laws that take away the ability of law-abiding Americans to protect themselves against criminals is not the right answer, the smart answer, or the Constitutional answer.  The hard reality is that, because the federal government refuses to do its job of protecting its citizens along our southern border, we have ranchers in Texas, New Mexico, California, and Arizona fighting pitched battles with Mexican Cartel drug runners and human traffickers. Obama’s administration even uses the sequestration, which is in reality a very, very minor cut in the growth of government spending, as a politically expedient excuse to cut funding for Border Patrol Agents.  The real “irony” is that the drug runners and human traffickers are heavily armed with “assault weapons” provided by Obama, Eric Holder, and the ATF during operation “Fast and Furious!”   So what is the solution according to Obama and the liberal elites?  Simple … disarm the ranchers!  Common sense would tell you that the venerable old double-barrelled shotgun suggested by good old Uncle Joe “gun-expert” Biden would be wholly inadequate to the task these ranchers are left on their own by the Anointed One to complete.  No, the real truth is, that for Obama and the ruling liberal elites, banning guns is the politically expedient answer.

obamacaesar

The truth is that, historically, all governments have feared individual freedom.  God gave us freedom (the Right to Life, Liberty, and the Pursuit of Happiness) and the government systematically tries to take it away!  I have always subscribed to the theory that all government is evil,  and that the American form of democratic government is just the least evil form.  The Founding Fathers knew that for this new Nation to survive, it needed a means to control its destiny, protect its citizens, and protect its interests.  It needed a government of some form.  They worked hard to design a government with a system of checks and balances to keep the government from getting to big and enslaving its citizens.  Was it a perfect government?  No!   Just the best one going!  But the Founding Fathers also understood that, by its very nature, government negates freedom and liberty;  and that the bigger it gets … the more freedom it negates.  That is why George Washington said that government is not reason or eloquence … it is force. And, that if the government gets its way, it would have a monopoly on force!

However, individual freedom was the essential key that made America the unique, prosperous, and wonderful experiment it was.  It was this idea; that personal freedom comes as a gift from God and thereby comes first … that made American special.   This very same idea led to the end of slavery, to civil rights, and to modern ideas of equality for all people … disregarding race, gender, age, ethnicity, religion, creed, or sexual preference!   Again … is it perfect?  No!  Did it take time?  Yes!  But it happened and it continues to improve!  But, too many people have such short memories!  These ideas did not come from government … they came from “We the People!”  Americans usually had to fight the government to change the status quo!  Democrats fought hard to keep slavery intact!  Democrats fought hard against civil rights legislation!   A Republican even had to call out the Nation Guard to see civil rights legislation enforced.  As Ronald Reagan said, government is not the solution … it is the problem!

To those of us who believe in the U.S. Constitution, this gun-debate is not about the law (or even about a new bunch of gun laws that good old Uncle Joe Biden say the government has no time to enforce anyway).  To those of us who believe in the U.S. Constitution, this debate is about personal liberty and personal responsibility in a free society.  And the real, ugly truth that Obama and liberal/socialist elites do not want Americans to know is that …  it is the exercise of one specific personal freedom; the freedom to defend yourself and those you love when the police cannot and the government will not, and the freedom to use weapons to repel tyrants if they take over our government …that Obama, his big-government socialist thugs, and their doting Hollywood elitist buddies fear the most!  Do you ever stop and wonder why communist dictators and fascist tyrants such as Fidel Castro or Hugo Chavez are so attractive to liberal elites such Jack Nicholson, Stephen Spielberg, Sean Penn, Danny Glover, Kevin Costner, Susan Sarandon, Oliver Stone, Chevy Chase, Courtney Love, and Harry Belafonte?  And, that just perhaps, it is the same reason they are so equally enamored with Barack Obama?

Simply put, government always compels, restricts, and takes away.  Thomas Jefferson understood that when he wrote in the Declaration of Independence that “We are endowed by our Creator with certain inalienable rights.”  According to Jefferson, the only reason the Founding Fathers created a “federal” government was to protect these same rights, and then, as a further protection … they hammered out the U.S. Constitution to keep the federal government contained.  But there have always been those opposed to this idea.  There are always those who like to rule those around them … and they often buy power by promising those who prefer, or are at least willing, to be ruled that they will take care of them with entitlements.  Vote for me and I will give you a house, food stamps, free government schools, a free cellphone, free lunch, free government television programing, a free chicken in every pot, free this, free that.  I ask you … what will happen when the government runs out of its “free Obama money,” and begins to implement austerity measures such as we saw in Greece and some European countries?  Riots, looting, violence, crime!  I will keep my guns thank you!

Those in the ant-gun crowd cannot point to a single case when restricting the freedoms of law-abiding citizens has stopped criminals, the mentally ill, or the down-right-evil from killing innocent people. Criminals by their very nature do not obey laws, and the mentally deranged do not recognize any external restraints on their own behavior because they cannot distinguish between right and wrong; and cannot be reasonably expected to do so in the future either!  Hence, the “not guilty by reason of insanity” plea!

On the other hand, the American Revolution was successful in great part due to the fact that Americans were armed and did not fear the use of weapons.  I am very sure King George III later wished he had stripped the colonists of the means to defend themselves.  Had King George III and his Parliament passed and enforced the kinds of laws Obama, Hillary Clinton, Diane Feinstein, and a few others want to enact; laws that told them who among us owned guns, that limited the capacity of those guns, and limited the amount of ammunition one could possess … our Founding Fathers could and would have been hanged for treason!  One of the true stories of the American Revolution which is not taught in our public schools is that the colonists actually had superior firepower to the Kings forces. British soldiers carried the standard issue smooth-bore musket, which propelled a lead ball (or several of them) less than 100 yards from the shooter with very little accuracy.  The colonists, however, had the long gun(sometimes known as the “Kentucky” or “Tennessee” Long Rifle) which propelled a single lead ball up to 200 yards (about 2 times farther than the British soldier could shoot) and with much greater accuracy.  It is no wonder that by 1781, King George III had lost enough men and money to surrender!

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During World War II, the American federal government constantly worried about a Japanese invasion of the West Coast.  This impart led to the successful attack at Pearl Harbor.  Politicians would not listen to front line commanders, and worried about their own safety!  When, after the war was over, Japanese Admiral Isoroku Yamamoto was asked why Japan never invaded the U.S.   He replied that they had determined it would be a suicidal attempt saying,” You cannot invade the mainland United States.  There would be a rifle behind every blade of grass.”  I always wondered why anyone in their right mind would be for gun bans and confiscation … seeing it was such a historic deterrent to the invasion of the United States!

 imagesCA0WR9AO

And … a great many Americans are alive today because they had the means to protect themselves from murders, rapists, home invaders, etc.  Their stories are out there to!  You just never hear about them from the Obama lap-dog media!

The real lesson in all of this is that a free people cannot remain free very long  by permitting the government to take their freedoms away …   even when it is a temporary, popularly elected government that can later be unelected.  Simply stated, the anti-American liberty faction, composed of Obama, his big government thugs, rich liberal/socialists, Hollywood elites, and their entitlement addicted voting block  … want your guns!  Of course, Gabby Gifford’s husband and other liberal elites get to keep theirs!

Obama and his administration are deceptively trying to present this as some kind of benevlent big government action designed to protect the many law-abiding citizens from the few violent criminals by taking away the rights of the many law-abiding citizens (Does anyone else see the apparent flaw in this logic … or is it just me?). Obama will use any means, U.S. Constitution be damned, to create burdensome and intrusive registration laws, laws that restrict the capacity of weapons and  quantity, and quality of ammunition, and their latest trick … laws that impose financial liability on law-abiding gun manufacturers and sellers for the criminal behavior of a few users to make gun ownership so hard and so burdensome, that law-abiding gun owners will simply roll over and give up.

What Barack Obama, like King George III, does not understand is that the more you try to restrict freedom … the more you create the desire for it in.  The more you tax an already overly taxed citizenry, the more resentment grows.  This is what caused the first American Revolution.  Hopefully, history will not repeat itself as it so often does.  But then, perhaps this is why the Department of Homeland Security is so busily buying 1.6 billion bullets and 2,700 light-armored tanks!