Term Limits Back in the Public Square

It came and then it faded away – mostly because a court decision absurdly ruled that the States cannot limit their federal office holders terms.  But the American people do seem to want it – according to Gallup, 75% of Americans want term limits on members of Congress.  This is broadly supported by Democrats, Republicans and Independents and all age groups are in favor.  Gallup didn’t break it down by ethnicity, but I doubt the measurements would come out much different if they had.

Term limits are, in my view, a vital aspect of ensuring that government is responsive to the will of the people.  To arguments that we need experienced legislators I answer:  like the ones we have now?  To arguments that staff will take control if legislators are rapidly overturned I answer:  why in heck do we even have large staffs for each legislator?  They are supposed to be writing the laws (and these days we know they don’t even read them before they vote on them…seems like the staffs are already in control in our non-term limited legislature).  Three terms for House members, two terms for Senators, that is my ideal.  If I thought I could get it in there, I’d also forbid sitting office holders from seeking a different office until at least two years after they left office.  We’re not supposed to have a professional, political class but, instead, have citizen legislators who serve for a time and then go back home to live under the laws they wrote (no elected official should have a pension, nor should they have their health care provided by government…they are there to serve, darn it!).

There is a mood to change things for real in America – and whomever taps in to it first and best will win everything.

 

Is it Time for a Left/Right Alliance?

The other day Legal Insurrection had a post about a meeting – pleasant and mutually enriching – between TEA Party and MoveOn activists.  Today, Pajamas Media had an announcement from the Hacktivist group, Anonymous:

…“Obama has been working hard to try and ban semi-automatic weapons and shotguns while at the same time increasing the weapons and firepower that police and government agencies have. Within minutes of the Connecticut shooting, politicians were on the state run media saying it was time to get rid of the guns and they will be talking about it for weeks to come,” Anonymous wrote on its blog. “The Obama administration and his government funded media have been promoting this idea for months. Every time there is a shooting performed by a crazy person the media talks about it non-stop for weeks or months. But when there is an illegal or unlawful shooting by police that does not fit Obama’s agenda the story is barely mentioned.”

Anonymous notes that not only do police shootings barely get any attention, but cases where slaying are committed without guns or where guns are used to save lives also fly under the radar.

“Mr. Obama the 2nd amendment of the US Constitution does not talk about an army, that is covered elsewhere in the constitution. It does talk about a well regulated militia which is made of civilians with their own weapons. The second amendment of the US Constitution does not talk about protecting government or government resources, but it does talk about being necessary for the security of a free state. The second amendment of the US constitution does not say a single word about hunting or sport. But it does say ‘The peoples right to keep and bear arms shall not be infringed’.”…

To be sure, be wary!  Gentle as lambs but wise as serpents, as one bit of wisdom commanded.  The left is, in its leadership, made up of junior-league Leninists who crave control because they honestly believe they are smarter than the rest of us and have an innate right to command.  But, still, this is interesting – I haven’t seen any better exposition of the 2nd Amendment from right wing groups since the Newtown Massacre.

Clearly, there is something going on here which doesn’t fit the narrative.  The goal of those who are wrecking our nation is to keep us all divided – as I’ve said before, I say the Lord’s Prayer in the same pew as a black man, but because of the narrative he and I are supposed to mistrust each other and each turn to government to protect us from each other.  There could be a growing separation between the leadership of the left and the rank and file, just as we rank and file GOPers/conservatives/libertarians are increasingly alienated from those who allegedly lead us.  While the left and right will never agree on most things, we might all agree on this, at least:  that individual liberty, at this moment, trumps all and we’d better ensure we’ve got that.  Once we’ve got our liberty secured, we can set about each other for all we’re worth as we determine relative trivialities like tax rates and spending levels.

It is something to weigh in our minds.

 

The General Welfare Clause

The “General Welfare” clause
Article I, Section 8 of the Constitution
The 10th Amendment to the Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
– Preamble to the U.S. Constitution.

This posting covers many areas spanning from the original institution through the beginning of the subversion of the US Constitution and the Bill of Rights. This document relies on vetted on-line information, books, and other available materials from institutes of higher education. Credit will be given to the best of the ability of this writer. Spelling will contain the spelling of the time of publication. I can only hope this post can lead to further discussion of the subject matter.

Article 1 [Legislative Branch] Section 8 [Powers of Congress] of the US Constitution defines what the enumerated duties of the Federal Government are while Amendment 10 [ratified December 15, 1791], which is also known as the States’ Rights Amendment, reinforces what is inside and outside the purview of the Federal government. The Constitution was written and ratified to both authorize and limit the powers of the Federal government listing those enumerated duties which, in part, were reaffirmed with the Tenth amendment of the Bill of Rights two years later.

Renderings of the exact enumerated duties are commonplace in the age of the internet; however, this post will look at what the men who wrote the Constitution had to say about the Constitution in general and the “general welfare clause” in particular. James Madison, the father of the Constitution, said, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one …” Madison also said, “With respect to the two words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” Reiterating, Thomas Jefferson said, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

Reaffirmation comes as part of the Bill of Rights, and in particular, the 10th Amendment which embodies the general principles of Federalism in a republican form of government. The Constitution specifies the parameters of authority that may be exercised by the three branches of the federal government: executive, legislative, and judicial while the Tenth Amendment reserves to the states all powers that are not granted to the federal government by the Constitution, except for those powers that states are constitutionally forbidden from exercising.

With consideration that the Framers were wary of a centralized government, they created a novel system of mixed sovereignty between duties of the national (Federal) government and those of the States. Noted in The Federalist No. 39, the new government was “in strictness, neither a national nor a federal Constitution, but a composition of both.” Critical to this system was the enumerated federal powers, which allows the federal government to operate only within defined areas where the States individually could not. Federalist No. 33 states that a congressional act beyond its enumerated powers is “merely [an] act of usurpation” which “deserves to be treated as such.” Additionally, in Federalist No. 45, Madison explained: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Governments control people–constitutions control governments

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With a Measure of Disgust…

Oath of Office
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.” -Oath of office for Congress.

Just words– without one iota of consideration as to what those words mean.

I’m just getting more and more nauseated every time I think of this whole damned bunch of traitors, liars, opportunists, and career criminals.

I’ve lost every iota of optimism and faith in government.

They are no longer public servants, placed in a position of trust.

They–the lot of them– are self-serving, egotistical leeches who are in it for no one but themselves.

The inmates have taken over the asylum.

God have mercy on our nation, and please, drain the swamp, once and for all.

I’m so disgusted.

When the Law Becomes Tyrannical

Mark Steyn writes up the story of David Gregory illegally waving a 10-round magazine under the nose of the NRA President and, in pointing out the rationale for arresting Gregory, hits a sore point I have these days:

…To Howard Kurtz & Co., it’s “obvious” that Gregory didn’t intend to commit a crime. But, in a land choked with laws, “obviousness” is one of the first casualties — and “obviously” innocent citizens have their “obviously” well-intentioned actions criminalized every minute of the day. Not far away from David Gregory, across the Virginia border, eleven-year-old Skylar Capo made the mistake of rescuing a woodpecker from the jaws of a cat and nursing him back to health for a couple of days. For her pains, a federal Fish & Wildlife gauleiter accompanied by state troopers descended on her house, charged her with illegal transportation of a protected species, issued her a $535 fine, and made her cry. Why is it so “obvious” that David Gregory deserves to be treated more leniently than a sixth grader? Because he’s got a TV show and she hasn’t?…

We have so many law these days – local, State and federal – that is almost a certainty that each of us, at one point or another, is in violation of one or more.  Steyn lists more examples of this and points out that when laws become capricious – such as when a little girl can be fined $535 for doing what little girls will always do – then we are no longer living in a nation ruled by law, but a nation ruled by tyranny.  Remember, there’s no way they can actually arrest all of us but the laws are so numerous that we’re all going to violate at least one of them at some point…so whether or not any one of us will be punished for our transgression really rests upon the whim of police and prosecutor.  Tick off a cop and he might haul you in on some bizarre charge; get a prosecutor with a burr up his rear and you might find the full weight of the law directed against you…or, you might not.  All depends.  And since it depends not on what you do but on what the authorities decide, you are living under tyranny.

And another aspect of tyranny is when the well-connected are let off – not just Gregory not being prosecuted for something which would have resulted in a world of trouble for any of us, but in the repeated stories we see in the news of the rich and/or famous getting off because they had the money or the connections.  We are no longer living in a nation where any of us can be certain of how things will come out – work hard, stay out of trouble and play by the rules…and you can still be fined, jailed, place on “no fly” lists…all at the whim of a government official and then its up to you to prove your innocence.

While we are living in the Error of Obama, not much will be able to be done about this, but if we do win back power (hopefully no later than 2016) one of the main aspects of government reform must be the massive repeal of laws and regulations.  Perhaps a commission could be set up to review each law and regulation and determine if it should remain, be repealed or be folded in with other laws or regulations for simplicity.  At bottom, as a citizen, it shouldn’t take me more than one day’s reading to find out everything which is illegal under federal law, and less than a day further reading to know everything that is illegal under State and local law.  If it takes a person longer than that to get through the law code (and I’ll bet no one could get through it these days in less than a period of months), then it is no longer a code of laws, but a license to oppress.

And a lesson to be learned here is to stop demanding that government “do something” each time some sort of crisis or problem develops.  That is the root of this – for about a century now we’ve turned to government to fix things and now we’ve got a government which is tyrannical.  High time when a problem comes up that each of us decides to roll up the sleeves and get a little dirty fixing it, ourselves.

The Liberals Have Really Stepped in it This Time…

Judge finds NC ‘Choose Life’ plates unconstitutional

myfox8.com

RALEIGH, N.C. – A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless…

 

Here is the takeaway line…
“This is a great victory for the free speech rights of all North Carolinians, regardless of their point of view on reproductive freedom,” said Chris Brook, legal director of the ACLU-NCLF.

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.”

This is quite interesting… and at once damning to all the government-sanctioned intellectual monopolies held by the Left.

Given the Federal Court’s decision, for instance,

Should the taxpayers support Darwinism exclusively being taught in schools, while at the same time denying equal opportunity and access for those who espouse Intelligent Design theory?”

Given the Federal Court’s decision, why should the taxpayers be forced to support Planned Parenthood, and at the same time not be forced to support Pro-Life organizations?

In their zeal to utilize the courts to push their agenda, it appears that ‘progressives’ have really stuck it to themselves this time.

Bishop Jenky’s Letter to His Parishoners

Bishop Jenky of Peoria has ordered this letter read in all his parishes this weekend:

Dear Catholic Believers,

Since the foundation of the American Republic and the adoption of the Bill of Rights, I do not think there has ever been a time more threatening to our religious liberty than the present. Neither the president of the United States nor the current majority of the Federal Senate have been willing to even consider the Catholic community’s grave objections to those HHS mandates that would require all Catholic institutions, exempting only our church buildings, to fund abortion, sterilization, and artificial contraception. This assault upon our religious freedom is simply without precedent in the American political and legal system. Contrary to the guarantees embedded in the First Amendment, the HHS mandates attempt to now narrowly define and thereby drastically limit our traditional religious works. They grossly and intentionally intrude upon the deeply held moral convictions that have always guided our Catholic schools, hospitals, and other apostolic ministries.

Nearly two thousand years ago, after our Savior had been bound, beaten, scourged, mocked, and crowned with thorns, a pagan Roman Procurator displayed Jesus to a hostile crowd by sarcastically declaring: “Behold your King.” The mob roared back: “We have no king but Caesar.” Today, Catholic politicians, bureaucrats, and their electoral supporters who callously enable the destruction of innocent human life in the womb also thereby reject Jesus as their Lord. They are objectively guilty of grave sin. For those who hope for salvation, no political loyalty can ever take precedence over loyalty to the Lord Jesus Christ and to his Gospel of Life. God is not mocked, and as the Bible clearly teaches, after this passing instant of life on earth, God’s great mercy in time will give way to God’s perfect judgment in eternity.

I therefore call upon every practicing Catholic in this Diocese to vote. Be faithful to Christ and to your Catholic Faith. May God guide and protect His Holy Church, and may God bless America.

Most Reverend Daniel R. Jenky, CSC
Catholic Bishop of Peoria

 

Liberal Honesty

One of our resident liberals has finally taken a firm ideological stand, after years of numerous requests to do so, and I want to thank James for having the courage to do just that.  This now opens up an honest dialogue on left vs right ideology and how it relates to the constitutional framework of this country. It also sheds light on the true intent of the new Democratic Party led by Barack Obama. That ideological position was articulated by James and is the following:

“I believe in big government. I believe that government should provide citizens with guaranteed healthcare, free education, and pensions. This would be paid for by higher marginal tax rates on everyone.

I don’t believe in the 10th amendment or the sovereignty of states. we should have ONE national drivers license, one national licence plate, one national criminal code. states should not have their own constitution or autonomy to decide on issues like abortion, gay marriage, or death penalty.

I believe that an education system controlled from the federal government and enacted by the federal government is better than having a rag tag of 50 states with 50 different levels of education and standards.

I believe that big government spending on social programs with our tax dollars is not only acceptable but morally required to take care of the needy in our nation. states should not even touch those issues.

I believe in a strong military and I don’t believe each state should have its own national guard. the national guards should be under control of the federal government.”

In my opinion, James is not alone in this ideological stance which I believe is shared by many current Democrats, but a position of which is completely antithetical to our Constitution. It is my belief that this is at the root of our current political divide, and why so many of us conservatives are attacked personally. The left DOES want to fundamentally transform America, as clearly stated by Barack Obama, and any effort to maintain the traditions of America, will be met with irrational hate instead of informed debate. This should make for an interesting debate, and I hope it does, but like too many other threads, let’s not allow it to devolve into name calling.

UPDATE:

This ideological divide is what is also at stake on November 6th. A vote for Obama, is a vote for the vision James outlined. A vote for Romney is a vote to restore traditional American constitutional principles. For the sake of this great country, and for those across the globe that depend on a strong and free America to stand behind them, and support them in their desire to be free, I pray Romney wins.

 

Secession Can Keep Us Together

Victor Davis Hanson writes another brilliant piece and it goes along with a thought I’ve had for a while – first, a quote:

…As those who run the nation state become ever more estranged, we yearn for the safety and security of our own neighbors, who seem to think, speak, and live more as we do. In other words, we are unhappy residents of Hellenistic Greece who dream of the romance of the lost face-to-face city state, or the bread-and-circuses turba of fourth-century Rome, who feel that their fellow citizens in Gaul, Numidia, and Pontus seem hardly Roman. These days the problem is not just that an Italian wants to leave the EU, but that a Florentine or Venetian would prefer to leave Italy itself. A Texan not only wants us out of the U.N., but may feel he is already out of the U.S. Britain may want no part of the EU, but Scotland wants no part of Britain…

Hanson speaks of a return of medievalism – not in the sense of living in castles but in the sense of extreme localism.  That, at bottom, is what feudalism was:  local control of most of the power while the central authority had least power.  This developed in the post-Roman world because the Roman government could not carry out its self-appointed, imperial tasks.  The Roman government, that is, decayed – it became bloated, inefficient, corrupt (sound familiar?) and while trying to micro-manage affairs of the Empire eventually lost the ability to even defend the Empire.  People were forced back on their own resources and the feudal lords were really, in origin, no more than whomever could effectively organize local people for self defense.

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obAMATEUR Expands the Dependent Class AGAIN and Bypasses Congress!

Let’s look at this pResident’s accomplishments:

  • Government takeover of 17% of the economy and your health care.
  • Doubling the number of Americans on food stamps.
  • Spanish soap operas to encourage Hispanics to sign up for food stamps.

And now……

Since the beginning Obama intended to reverse the welfare reforms made by the Republican majority when Clinton was president.  Those reforms freed millions of Americans from their government dependency.  This is not the direction in which Obama wants to travel.

The Obama administration via the Department of Health and Human Services has essentially rewritten the rules established by the welfare reform law of 1996.  The new policy, as per the Obama administration, will no longer require welfare recipients to work in order to maintain their benefits.

(For those who cannot connect the dots)FROM THE MEMO:

Waivers will be granted only for provisions related to section 402.

Of the roughly 35 sections of the TANF law, only one is listed as waiveable under section 1115. This is section 402.

Section 402 describes state plans—reports that state governments must file to HHS describing the actions they will undertake to comply with the many requirements established in the other sections of the TANF law. The authority to waive section 402 provides the option to waive state reporting requirements only, not to overturn the core requirements of the TANF program contained in the other sections of the TANF law.

The new Obama dictate asserts that because the work requirements, established in section 407, are mentioned as an item that state governments must report about in section 402, all the work requirements can be waived. This removes the core of the TANF program; TANF becomes a blank slate that HHS bureaucrats and liberal state bureaucrats can rewrite at will – or mealy mouthed words as “innovation”..

Therefore, states and other bureaucracies can DEFINE WORK as they attempted before but were overridden.

Over the years, the definition of “work” began to deteriorate and in 2005, Congress tried to reign in the definition of what constitutes “work” in order to receive welfare.   Barack Obama, a Senator at that time, was opposed to this effort – no surprise there.

Here is a SENATE report as to what states have attempted to define as work:

http://www.finance.senate.gov/newsroom/ranking/release/?id=47ada91c-07ac-4c7f-bc20-182df03d2654

Some of these include:
1.    Bed rest
2.    Personal care activities
3.    Massage
4.    Exercise
5.    Journaling
6.    Motivational reading
7.    Smoking cessation
8.    Weight loss promotion
9.    Participating in parent teacher meetings
10.  Helping a friend or relative with household tasks and errands

These are what casper tried to pass off as “innovation”. How Sec. of HHS can grant waivers to states that have these activities (or whatever else) in their innovative plans (Section 402).

So, when he says “moving in the right direction”, I guess this is it – EXPANDING the dependent class!

Question is, does this pResident have the authority to do this – reverse law WITHOUT CONGRESS!  I mean this has never stopped him before!!

The Heritage Foundation reminds us of the growing list of Obama administration actions that it has taken to circumvent the legislative process.

  • Even though the Democrat-controlled Senate rejected the President’s cap-and-trade plan, his Environmental Protection Agency classified carbon dioxide, the compound that sustains vegetative life, as a pollutant so that it could regulate it under the Clean Air Act.
  • After the Employee Free Choice Act—designed to bolster labor unions’ dwindling membership rolls—was defeated by Congress, the National Labor Relations Board announced a rule that would implement “snap elections” for union representation, limiting employers’ abilities to make their case to workers and virtually guaranteeing a higher rate of unionization at the expense of workplace democracy.
  • After an Internet regulation proposal failed to make it through Congress, the Federal Communications Commission announced that it would regulate the Web anyway, even despite a federal court’s ruling that it had no authority to do so.
  • Although Congress consistently has barred the Department of Education from getting involved in curriculum matters, the Administration has offered waivers for the No Child Left Behind law in exchange for states adopting national education standards, all without congressional authorization.
  • Since it objects to existing federal immigration laws, the Administration has decided to apply those laws selectively and actively prevent the state (like Arizona) from enforcing those laws themselves.
  • Rather than push Congress to repeal federal laws against marijuana use, the Department of Justice (DOJ) simply decided it would no longer enforce those laws.
  • DOJ also has announced that it would stop enforcing the Defense of Marriage Act or defending it from legal challenge rather than seeking legislative recourse.

These are the actions of a RULER, not a leader. It’s too bad more Americans haven’t focused on the words of Valerie Jarrett – the head of Obama’s transition team – days before his inauguration:  “We will be ready to RULE from day one.”

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