A Constitution in FULL Crisis
I know this is a lot of reading for some folks, but it is well worth the time it will take...............
A Constitution in FULL Crisis
As the People Grow More Desperate
A Constitution in FULL Crisis
By JB Williams Thursday, July 23, 2009
America’s extreme left tricked American moderates into supporting their candidate last November by campaigning on post-partisan cooperation and transparency in government. Six months after the election of a freshman senator with a blank résumé, a laundry list of evil associates and a life more secret than your average CIA agent, Obama’s entire history remains a mystery and his administration is the most hardcore partisan dictatorship ever experienced in the USA.
Washington DC partisanship has turned into outright Obama-Pelosi dictatorship. The so-called “Commander-in-Chief” is fast losing control of his military, which is increasingly and viciously divided between those who are refusing to take orders from an overt enemy of the Constitution, and those who foolishly defend Obama’s right to destroy that which they took an oath to protect and preserve.
Obama should have ended the divisions over his ineligibility long before it reached the ranks of American fighting forces. He chose not to, and instead to allow the issue to fester into a powder keg that even Rahm Emanuel and David Axelrod are ill-prepared to extinguish.
The US Constitution is in FULL Crisis
The US Constitution is the contract between the people and their respective states, and the federal government established by it. The document was written to form a representative republic limited in power and scope to the matters and authority delegated and ratified in the Constitution. That contract has been breached by a runaway Fed…
Decades of outright destruction of the Constitution have left the nation on the brink of economic, political and social collapse. The 2006 and 2008 election cycles placed the Constitution in full crisis and the people are growing increasingly desperate for a peaceful means to restore their Constitutional Republic.
An administration which does not meet constitutional standards is expected to protect and defend a contract which it does not even recognize, much less respect. The contract either stands, or it doesn’t. Based on the 2008 election, and every policy put in place since, the contract does not stand at present. If the Constitution no longer stands, then the federal government which it established, no longer stands in authority. Tyranny reigns…
The States Take Action
Ignored by federal public servants and cut off from any access to peaceful means of redress in congress or the courts, the people and their states are forced to take matters into their own hands.
A “constitutional” interpretation of the Constitution is in order, as the people begin to demand that a runaway Fed blatantly acting against the best interest of its people, return to a constitutional foundation, or risk being stripped of all power and abolished.
The federal government is the product of the Constitution, the contract between the people and their states which established and assigned specific limited powers to the federal government, which is to serve at the pleasure of the states and the people.
If the Constitution no longer stands, then there is NO federal government. The federal government exists only as a result of the Constitution. A very real crisis is at hand…
As a result, more than 32 states are rushing to pass Tenth Amendment legislation intended to remind the federal government of this reality. But the Obama regime is not listening.
Many of those states are also passing Second Amendment protections for their citizens, making it illegal for the Fed to threaten private gun rights, even in cases of “Martial Law.” But the Fed has rejected all such state bills, claiming that “federal laws supersede state laws.”
Reacting to an “unconstitutional” letter from Obama’s ATF, which puts Tennessee on notice that the Fed will not recognize laws passed by the individual states under Tenth Amendment rights, Tennessee State Rep. Matthew Hill points out, --“Montana, Tennessee and all others, are SOVEREIGN states not subservient to the federal government. The Fed can send us letters all day long and it doesn’t change the fact that we are allowed to govern ourselves, under the 10th amendment of the US Constitution.”
A “constitutional” interpretation of the Constitution
All constitutional text must be read within the context of Amendment Ten… which clearly states, “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.”
Does the Constitution delegate the power to “confiscate and redistribute private wealth” to the federal government?
Does it delegate power to force “Cap and Trade” or so-called “Universal Health Care” upon the people and the states?
Does it delegate the power over private industry, such as banking, auto manufacturing, energy and the likes? – Or the power to disarm American citizens under any set of circumstances, real or imaginary?
No such powers were delegated to the federal government under the US Constitution. Unlike many ill-informed US citizens, Obama & Co. knows it. But they don’t care…
Since no clause exists in the Constitution which specifically assigns any of these powers to the Fed, Amendment Ten applies… “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.”
The Second Amendment Example
Each clause of the Constitution must be read within the context of the Tenth Amendment. Power and authority is either specifically delegated to the Fed in the text of the Constitution, specifically withheld from the Fed by way of the Bill of Rights, or in the absence of any such reference to power and authority, the Tenth Amendment applies.
In the case of gun rights, the Founders specifically denied the Fed any power via the Bill of Rights, specifically prohibiting the Fed from playing around with the people’s right to keep and bear arms.
“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.” –
Yet, operating in direct contradiction to this Second Amendment language, the federal government has assumed a power not assigned to it by the states, to regulate the right of the people to keep and bear arms. A case of the people’s past silence, being intentionally misinterpreted as their consent, which allowed the fed to step across boundaries it is specifically prohibited from crossing in the Bill of Rights.
As a result, the states have been forced to restate their border sovereignty and state rights in new state sponsored legislation, including Second Amendment protections for their citizens who wish to keep and bear arms, whether anti-second amendment leftists in Washington DC like it or not.
“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.”
My home state of Tennessee passed both Tenth Amendment and Second Amendment legislation, supported in such number as to override our Democrat governor’s attempts to veto.
But Obama’s Fed responded by issuing a letter, under his Justice Department headed by Obama buddy Eric Holder, on the letterhead of the Bureau of Alcohol, Tobacco and Firearms signed by Assistant Director Carson Carroll, advising the state that “federal laws supersede states laws.”
Like hell they do!
The states DO NOT serve at the pleasure of the Fed. The Fed exists and serves at the pleasure of the states, a FACT that most states seem in a rush to point out to Obamanation.
The US Constitution supersedes both state and federal laws. Don’t confuse the US Constitution with federal laws, passed by congress or passed by judicial fiat via the courts. Federal laws take precedent over state laws ONLY in matters specifically delegated to the federal government in the Constitution. If no such authority is assigned to the Fed, then no such power exists at the Fed.
When the federal government makes laws pertaining to matters NOT assigned to it under the US Constitution, which it has had a habit of doing for decades now, both in congress and in the judicial branch, the states are in NO WAY bound by those laws. Those laws are by definition, unconstitutional, no matter how they were passed.
As the Second Amendment makes it quite clear that the federal government has NO power to regulate the people’s right to keep and bear arms, and the Tenth Amendment clearly states that “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.”- Obama’s Fed, Justice Department and ATF, have NO constitutional authority over the states in the matter…
Tennessee State Rep. Matthew Hill is exactly right. They (the Fed) can send threatening letters all day long and those letters are completely irrelevant, as they are at odds with the Constitution. The ATF letter relates to federal laws written on matters NOT assigned to the federal government to begin with, matters therefore reserved to the states and the people under the Tenth Amendment.
Even the overly politicized US Supreme Court has recently defended Second and Tenth Amendment rights in its related rulings.
The Question of Enforcement
Clearly, Obama and Co. think they won the right to run roughshod over the states and the people last fall. If our Founders had given us a pure democracy, they would be right. But in a Constitutional Representative Republic, they are dead wrong!
Still, it’s also clear that they intend to force their will upon the masses, regardless of public or state dissent, or constitutional limitations. The “silent majority” has been silent for so long, that modern leftist think that they are now the new majority, free to run roughshod over the new “silent minority.”
Under this fantasy, they proclaim the right to ram their leftist agenda down everyone else’s throat. “We won - you lost—so shut up and take it!”… is the general sentiment displayed by O-bots on message boards across the blogosphere…
That sentiment has now reached within the ranks of the US Military, where a growing number of soldiers are beginning to challenge Obama’s right to issue orders and Obama minions are publicly attacking them with a vengeance. The heated chatter got so vicious on Military.com last week, that the publication removed ALL comments on the subject from its web site before the discussion could spin out of control.
Active duty soldiers are refusing Obama orders. Reservists are refusing recall and deployment orders. Retired Navy Commander Walter Fitzpatrick has filed criminal “treason” charges against Obama. Flight Surgeon, Lt. Col. Dr. David Earl-Graeff has sent a letter to Sec. of Defense Gates, stating the following…
“Enough is enough! You must be aware at this point of the tempest brewing among the Rank and File. I am writing you in an effort to appeal to your sense of concern for the Military; a concern we share not only for the Military as a whole but for each and every individual who wears the Uniform in the Service of our Country. I am in this regard specifically asking you for your help. I implore you to not wait until the “pot boils over” and we find ourselves in total disarray. –
I am convinced, beyond any doubt, that the moral well being and efficiency of our fighting forces to defend our Country is soon to be hanging in a precarious balance if not already. In my humble estimation this is NOT a theoretical possibility to construct a thesis or a contingency plan about. It is a reality and is happening right now. Resolution of this issue must be accomplished in the most expeditious manner available at your disposal to gain immediate relief to those of us who are struggling to fully comply with our sworn Oath to the Constitution while being conflicted by questions relating to the qualifications of the POTUS to hold the office in full and absolute compliance with the Natural Born Citizen Clause.”
So, how does Obama plan to enforce his global vision upon the masses when the US Constitution which provides for a federal government, delegates no such authority and an increasing number of soldiers and law enforcement are taking a stand against a “potential domestic enemy” in an effort to uphold their oath to protect and defend the US Constitution?
Once Silent running out of Tolerance
Convinced that the Constitution is under constant threat from within today, Americans normally happy to avoid the subject of politics altogether are building a head of steam to thwart the current constitutional crisis. They are erecting lines of defense at the state borders before Obama can capitalize on one of his many manufactured disasters by removing the people’s right to stand opposed.
His Department of Homeland Security has already redefined “domestic terrorist” to include anyone who disagrees with Obama. His minions have already labeled anyone concerned with the Constitution, “birthers,” in a childish name-calling effort to silence the dissent. His left-wing press has affixed the title of “racist” to anyone who dare doubt Obama’s anti-American Marxist agenda, or his mystery messiah status.
Pelosi has made certain that Republicans have no voice in congress and Holder has made certain that the people will not find a legal forum to resolve Obama’s overt agenda or hidden past in any court.
Growing increasingly desperate to restore the Constitution and fast running out of peaceful means of doing so, the people find themselves in a very real Constitutional Crisis.
Peacefully Forcing the Fed to Reverse Course
With a tone deaf Fed, the people are turning to their state legislators and the states are moving to close down the Fed. Led by the Tenth Amendment Center, state legislators are rushing to reclaim freedom and liberty on behalf of their citizens.
Step One – Tenth Amendment Affirmation
Step Two – Second Amendment Affirmation
Step Three – Kicking the Fed out of the States
Step Four – Shutting down the Fed by cutting off 97% of Fed funding by repeal of the 16th Amendment
Step Five – Repeal of the 17th Amendment, removing every current member of the senate and sending new representatives of states right to establish a new constitutional senate.
Step Six – cleaning house in Washington DC and establishing a constitutional limited government which will once again serve at the pleasure and benefit of the states and the people
Unlike drug rehab, it doesn’t take twelve steps to reinstate a constitutional Fed, although it could take a twelve step program to break many modern Democrats addiction to free-stuff from the public trough.
“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 whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government...”
If the people fail to quickly alter a Fed run wild, via their state legislatures, they will be left with no option but to abolish and start over from scratch.
Republicans in Washington DC have either lost their way or lost their nerve. As a result, they have lost all power.
But Republicans, Independents and even Blue Dog Democrats across the nation in state legislatures, are acting in defense of their citizens and the Constitution, and the people MUST take a stand with those state legislators, immediately.
Visit the Tenth Amendment Center for an up-to-date picture of where your state stands in the march to reclaim states rights and reign in the runaway Fed.
Contact your state legislators and get behind their efforts to affirm state sovereignty and rights. Even Obama does not have the power to force his will upon fifty states who stand united and opposed!
Maybe there is something I'm not getting here. If they are saying state law trumps federal law that would mean that states like New York could enact laws restricting gun ownership. It almost sounds like they agree with Sotomayor.
Which states "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."
Which is in reference to the powers that are enumerated in the Constitution.
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.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.) (Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Section 10 - Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Great Post Mike. I REALLY hope the majority of Americans out there WAKE UP! before its too late (if its not too late already)
Thanks for the post Mike. Good to hear that more people are aware of, and are pissed off that osama is deliberately trying to single handedly destroy our country
Great post. Just before the french revolution, a certain female aristocrat said "let them eat cake" there has been some debate as to what she meant by this, but I think loosing ones head is a pretty clear indicator of the general consensus.
Sure you can have my firearms, one bullet at a time, Semper Fi