Sunday, June 12, 2011

How The Government is using the Constitution to Violate the Constitution

                 I am happy the US Constitution is easy to understand in a way the common person can decipher without all the confusing legal terms and jargon. When we look at how Congress over reaches its jurisdiction, passing legislation to trample over our rights; They passed laws against regular light bulbs, the Congress bans high flow toilets and wants us to use low flow toilets. They keep passing laws violating our rights in the Constitution by using the Constitution. Where in the Constitution does Congress get these implied rights? When I say implied, I mean addressing issues not written in the Constitution specifically, or the founding document is silent on certain issues. In some politician's mind that is justification to trample all over our rights under implied authority in the Constitution.

               The President has signed a series of executive orders over the years bypassing proposing legislation to Congress and going around the law giving him self implied powers they claim are in the Constitution without accountability. The latest I can remember that makes the President assume the role as dictator enacting PD-51 .Where does the Chief Executive’s claim under implied authority in the Constitution reside? What part of the Constitution does the President not have to be accountable for and show Congress this document? The tyrants and authoritarians will use one part of the Constitution to destroy another part of this document. It is like the dog eating his own tail.

                What justification does Congress have to trample on the Bill of Rights? They use the commerce clause. When the Constitution with the approval by the states, Congress is delegated the authority to regulate commerce between the states. The word regulate has a different meaning today than it did back in 1789, In the early days regulate meant keep regular and free flowing, and unrestricted. Today that very word has changed in its meaning and now is defined as to restrict, restrain, and control commerce. This has created an economic climate with draconian laws putting an undue burden on the people and small business with regulations that are counterproductive.

                 The congress has used the commerce clause to go after our rights to keep and bear arms, to justify this freedom killing war on drugs that now makes growing Hemp illegal, and to attack private property rights. They claim the constitutionality of Obamacare where they say under the commerce clause that they have the legal authority to take over the healthcare system. We are now under duress to pay for a health care plan against our will or face jail time. They used this commerce clause to get into every facet of our lives attacking our property rights and state sovereignty. Now we pay high prices at the pump and pay high electric bills because the states cannot use their own natural resources and allow the free market to work. This clause in the Constitution enables them to prohibit States drilling for oil and building refineries so we can have cheap gas. This clause is being applied to pervert the meaning out of proper context and wreak havoc on our freedoms and the economy. The commerce clause in our Constitution is the justification as a means to destroy the Bill of Rights in the very same document.

                   The time for congress using this clause as a loophole to trample our rights and economic freedoms must sooner or later come to an end. It is an excuse to restrict our right to have local farmers markets and have our own home garden to grow our own food. It is the reason to attack the sales of raw milk and health food stores. This loophole must close so congress cannot manipulate the meaning of the clause. The commerce clause is used to attack our privacy, monitoring our finances, and infringing on our privacy to spend our money as we see fit. This loophole of the commerce clause has allowed giant mega corporations to use the force of government to shut down their competition creating the rise of monopolies.

                   The TSA or as others call this rogue agency the Transportation and Security Administration uses the supremacy clause of the Constitution as their sole authority. This perversion of the Constitution to violate the people’s fourth amendment rights subjecting people to unreasonable searches and seizures, they claim the right to grope airline travelers and trample over states rights. They threatened Texas if they passed a law that will prohibit the illegal touching of passengers as a condition to travel in the name of regulating interstate commerce and the supremacy clause. They use a very weak argument to justify the violation of people's rights, another example of using the Constitution to violate the Constitution.

                    The FCC, known as the Federal Communications Commission, uses the claim of regulating interstate commerce as an excuse to seize the airwaves and the internet. They assumed the control of licensing of radio stations and TV stations under regulating commerce. This agency has attacked micro radio stations and instituted the Fairness Doctrine during the Nixon era as a way to silence his critics by controlling the airwaves in the name of regulating interstate commerce. This is the very perversion of the law that was used to attack the first amendment as a way to stop political speech. Now under regulating interstate commerce. The FCC wants to take over the internet to shut down websites that oppose the government using copyright laws, Hate crimes, cyber security laws, and cyber-bullying as a means to an end of free speech. A very useful political weapon now being used to destroy their political enemies and violating freedom of speech in the name of regulating interstate commerce.

                   The courts use the separation of Church and State that is not in the Constitution and the establishment clause in the first amendment that was supposed to protect freedom of speech and religion. Now the courts pervert the law to restrict a person’s right to freedom of expression, restricting how people worship, speak, and assemble to redress grievances. There is nothing in the Bill of Rights that say's people have the right not to be offended. This perversion of the law has made it almost impossible for us to govern ourselves because people in power are undermining the Constitution to suit an agenda.

                    To wrap up my sole opinion of what I am observing: The Constitution is still a great and relevant document that can restore our republic, if the document is not perverted to suit a political agenda. The Bill of Rights is the other part of the Constitution to restrain Government's power over the people. When the Government uses the commerce clause in one part of the Constitution to violate another part, it is a perversion of the supreme law. We know politicians are perverting the Constitution, ignoring the one section and using another text in the same legal document to trample over the people's rights, using what suits the power hungry politicians seeking to wield power over the population.

                    Until our congress and courts read the Constitution as a whole, and write laws in agreement with all of the founding document. If the law is not in agreement with the whole Constitution because it uses sections under broad definitions beyond original intent and ignores the Bill of Rights. Then it is our duty to call it out as perverting the law of the land. We can not allow politicians to use the commerce clause or the supremacy clause to restrict the right of the people to keep and bear arms and ignore the second amendment that is written very clearly saying; "the right of the people to keep and bear arms shall not be infringed". We cannot tolerate anymore perverting of the Constitution to violate people's rights. We cannot allow Congress to pervert the commerce clause and ignore the Bill of Rights at the same time.

                      If the law is not in agreement with the Constitution as a whole, with serious contradictions that can be a court challenge because it usurps the Bill of Rights. Then this bad law is null and void meaning invalid. That is if the courts read the Constitution as a whole. However, we cannot wait on the courts to say it either. It is up to the States and the people to nullify when they abuse power in the name of regulating interstate commerce. If we do not act and push back against people who pervert our Constitution that usurps our God given liberties, then we deserve what we get. The Federal Government will keep violating the Bill of Rights in the name of regulating commerce. It is time to send a message to the government that they cannot have it both ways, perverting our Constitution to violate it and get away with it.

9 comments:

  1. IMO, the U.S. Gov. has gone insane! too much Power can do that.

    ReplyDelete
  2. Here once again are a series of unsupported statements implying that the government of the United States is deliberately trying to create havoc and even commit treason. What would the reason be for the government of any country want to destroy itself? This sounds very much like the writing of an insane person with a desire to spit vitriol over everything. Where is the proof? All too often these documents fall into the hands and minds of innocent readers who believe everything they read. This must not be tolerated. The author must be stopped. take action now citizens of the greatest nation in the world. The USA.

    ReplyDelete
  3. Government is getting more insane because the Council on Foreign Relations is offering up progressively more deranged candidates by providing free local airtime to the most addle-brained available. This way, the government is slowly and progressively destroyed by a pack of nutcases and greedy lobbyists who want to twist nature and beauty into a crisis of self. Like what they see every time they look in the mirror. Something sick and twisted by personal misadventure that must be made whole again by nation-wide acceptance and personal dissemination, insteasd of therapy and a temporary lock-up.
    The Council on Foreign Relations documented goal is control of the minds of America. If it is on TV, it will be aimed at destoying America and putting the CFR on the throne. Because of too many peoples' laziness and self-centeredness, the CFR has made a huge ammount of progress.

    ReplyDelete
  4. Realman2020 asked, "Where in the Constitution does Congress gets these implied rights?"

    I have a better question. Why do you ask questions to which you wouldn't understand the answer?

    The answer to your implied rights question is, "Commerce Clause". But that won't help you. Because you don't understand what the Commerce Clause is. You can't tell me anything about it. You are in essence, a blind wanting a visual description of the sun rising. Even if given an answer, you don't have enough knowledge to ascertain whether that answer is correct or not.

    The implied power of legislature has NOTHING to do with Executive Orders. That is an entirely different subject. The fact that you conflate them shows how little you know about them.

    The Commerce Clause is not a "loophole". It's an actual statement in the Constitution (or is it? You tell me.)

    Point of fact, the Constitution is NOT a plain language document that everyone can understand. It contains language from 200 years ago. You and I can read the exact same constitution, and disagree as to its meaning. Two reasonable people that disagree. And neither of us EVIL NAZIS BENT ON DESTROYING THE WORLD!!!1

    I enjoy this site, but this article was ridiculous. Clearly the author got his legal/constitutional knowledge from high school civics class, and stopped there. This is the worst article I've seen from the author, bar none.

    ReplyDelete
  5. The Commerce Clause has been the most widely interpreted clause in the Constitution, making way for many laws which, some argue, contradict the original intended meaning of the Constitution. Justice Clarence Thomas has gone so far as to state in his dissent to Gonzales,
    “ Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the federal Government is no longer one of limited and enumerated powers.

    The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress.[1] In summary, Congress may exercise the powers to which it is granted by the Constitution, and subject to explicit restrictions in the Bill of Rights and other protections found in the Constitutional text. The 10th Amendment states that all prerogatives not vested in the federal government nor prohibited of the states are reserved to the states and to the people, which means that the only prerogatives of the Congress (as well as the Executive Branch and the Judicial Branch) are limited to those explicitly stated in the Constitution.

    ReplyDelete
  6. You got it realman. The Commerce clause. Screw the troll!

    ReplyDelete
  7. NobodysaysBOO:
    The U S constitution is an old wooden boat that sits as a monument, it is not an old piece of paper that no longer has any value.
    The U S supreme court set the constitution aside for schrub bush and thereby made the constitution INVALID! AGAIN!
    These rulings have destroyed this nation of laws forever.If the constitution is DEAD, WHY should any citizen follow any LAWS? ANSWER = FEAR and only FEAR! FDR a crook himself said "all we have to fear is FEAR ITSELF" even crooks screw up and tell the truth SOMETIMES.
    U almost got it right realman.

    ReplyDelete
  8. The US government is an illegal, foreign-controlled, occupying force. Eventually we must rise up and destroy it, so that we can create a new government that obeys the law and works for the interests of the people of the United States.

    ReplyDelete
  9. the Commerce Clause is an invention of Obamas zionist spin doctors. Obama is a shameful sellout zio puppet

    the US has become the United States of zionism

    zionism is a satanic cancer upon humanity

    ReplyDelete