April 4, 2010
In my last article for NewsWithViews, “Is State Sovereignty Dead,” I brought up the case of McCulloch V. Maryland where I stated the following:
“But where we went astray, in my opinion, was based on Chief Justice Marshalls opinion in McCulloch V. Maryland (1819) in which he stated: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.” From this point on many politicians have gleaned onto Justice Marshall’s declaration that those things which are not prohibited and therefore constitutional.” (Emphasis in original)
After submitting that article I came across an interview between Judge Napolitano and Congressman James Clyburn, the 3rd highest democrat in the House of Representatives, in which Congressman Clyburn when asked about the constitutionality of healthcare stated that most of what they do in Congress is not authorized by the Constitution and when pressed further he countered the question by asking where in the Constitution congress is prohibited to legislate healthcare.
It is interesting that once the idea that lawyers could get laws passed by using Justice Marshalls “not prohibited” they have decided that they are no long bound by the Constitution but only by their imaginations and the spin they can put on their agendas to make them palatable to the American public. After all they still want to get reelected so they have to make it sound like they are legally doing what they are doing so why not tie it to a Supreme Court case.
I find it amazing that a high ranking political official could make the bold statement that the majority of the work of Congress is not authorized by the Constitution and not one mention on main stream media; but let one unpopular vote on American Idol or Dancing with the Stars and it is splashed over very tabloid and television screen.
But it does answer one question that many may have had as to why Speaker Nancy Pelosi would laugh and croak “are you serious” when asked what part of the Constitution gave Congress the power to enact this legislation – and as Representative Clyburn revealed they don’t care about the Constitution because it is no longer relevant in their work.
So what is the use of having Congressmen swear and oath to protect and defend a Constitution if they admittedly do not feel or act bound by that Constitution? Thomas Jefferson stated: “In questions of power, then, let no more be heard of confidence of man, but bind him down from mischief by the chains of the Constitution.” We have seen time and time again that man’s lust for power and fame have pushed the very fabric of our society to brink of collapse and degradation and at no time more than we see today do we need to bind our leaders to the chains of the Constitution that they have to date destroyed.
President Obama, and his supporters, has stated time and time again that it is their agenda to move this nation to a socialistic healthcare system of single payer government healthcare. There is no provision in the Constitution to do so but as we have covered above that no longer matters.
The title of this article is Constitution Denied to denote that our federal government system, not just the people within it, the system has been corrupted to deny the chains that bind; has shattered the links of separation of powers and have converted the federal government to be a democratic oligarchy that rule the surfs
Let’s look at the definition of oligarchy (Webster’s) “1. Government by the few 2. A government in which a small group exercises control especially for corrupt and selfish purposes.”
Now let’s take a look and what is happening in Washington today and over the past 150 years; we have a small group of men and women who admittedly pass laws that they know are unconstitutional, against their oaths, (corrupt) for their own agendas (selfish purposes). President Obama has been pushing this agenda since before he was in government office of any kind and has been bent on the destruction of the very fabric of the American ideal. Remember his stump speech when he told us during the presidential campaign the he wanted to “fundamentally change America.”
President Andrew Jackson, at his farewell address on March 4, 1837, stated:
‘It is well known that there have always been those among us who wish to enlarge the powers of the general government, and experience would seem to indicate that there is a tendency on the part of this government to overstep the boundaries marked out for it by the Constitution. Its legitimate authority is abundantly sufficient for all the purposes for which it was created, and its powers being expressly enumerated, there can be no justification for claiming anything beyond them. Every attempt to exercise power beyond these limits should be promptly and firmly opposed, for one evil example will lead to other measures still more mischievous; and if the principle of constructive powers or supposed advantages or temporary circumstances shall ever be permitted to justify the assumption of a power not given by the Constitution, the general government will before long absorb all the powers of legislation, and you will have in effect but one consolidated government. From the extent of our country, its diversified interests, different pursuits and different habits, it is too obvious for argument that a single consolidated government would be wholly inadequate to watch over and protect its interests; and every friend of our free institutions should be always prepared to maintain unimpaired and in full vigor the rights and sovereignty of the states and to confine the action of the general government strictly to the sphere of its appropriate duties.”
The America of our forefathers, the ideals of liberty established in a republic protected by a constitution and government, does not exist today. The greatest danger we face to American freedom today is not terrorism, it is not Russia’s or China’s long-range nuclear missiles, or even the flood of illegal aliens across our borders; it is our own civic apathy and cowardice toward government domination. Much of this apathy has been brought about by conditioning in our youth due to the lack of proper instruction by parents, schools and community leaders. But the cost of this apathy is possibly the future existence of this nation, our freedom and way of life, and possibly the enslavement of the entire planet.
America was founded on the ideal that no man or government should stand above all others, that indeed, as our Declaration of Independence espouses, “all men are created equal.” Our government was established by the people, and for the people, and the government draws its power from the people it governs. It is the natural inclination of any group or governing body to expand what power they may have, for the greater good of course. We all know the adage that “power corrupts and absolute power corrupts absolutely.” By its very nature power will wear on ALL men regardless of how noble or righteous they profess or seem to be. We have seen great ministers fall to temptation and greed. There are senators and congressmen who feel they are above the law, and governmental agencies who have spoken outright that they do not need to answer the questions of citizens, and that their response will be shown by enforcement (read force). There is a line from the movie “V for Vendetta” that provides a prospective rarely seen in today’s media, “the people should not fear their government, the government should fear the people.” This follows the founding fathers’ vision that the government is subservient to the people, and that the power of the government is derived from the people and not from their position.
From the inception of our government the nation has been in a constant state of change. We have progressed in nearly every area of our human existence; except we seem to have forgotten or lost the true meaning of our countries freedom.
When our country was first formed, it was a union of individual states. Each state had representation in all aspects of the government; the state was a buffer between the people and the federal government. Thomas Jefferson said in 1821, "When all government, in little as in great things, shall be drawn to Washington as the Center of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated."
The federal government was not designed to be a bureaucracy that had, for the most part, any effect on the populace of the country. In fact, the only power granted by the Constitution to the federal government lay in ensuring that government did not trespass against the citizens. It was the responsibility of the individual states to deal with the needs of the people. Federal legislative control was designed only to have jurisdiction only within the District of Columbia and the areas ceded by the states to the federal government for forts, (and other federal sites as needed) or to make laws dealing with interstate commerce or dealing with foreign nations. Since the federal government was created, it has slowly and methodically grown in size and scope until it has permeated every aspect of our lives. Another quote from Thomas Jefferson, "Government big enough to supply everything you need is big enough to take everything you have .... The course of history shows that as a government grows, liberty decreases." I believe the current federal position towards its citizens has proven this axiom to be all too true.
There seems to be a misunderstanding in America today about what role the constitution and “Bill of rights” play in regard to the American Citizens. Many believe that this venerable document grants, or is a guarantor, of our individual freedoms. We often hear people talking about their “Constitutional Rights” or “rights guaranteed by the Constitution”; however, they are mistaken. The Constitution has very little to do with the American citizen. It was written to establish a Federal Government and to place the boundaries by which that government would operate. The constitution was never designed to provide or enumerate the rights of the citizens but to restrain the federal government from meddling in state and ultimately citizen affairs.
My research over the past few years has been a journey of awareness and awakening. Much of what I thought to be common knowledge turned out to be common misunderstanding. What I once believed it took to be a good citizen was an understanding founded in ignorance. If we do not stop the massive advancement of unconstitutional corrupt government and take back the republics upon which this nation was founded, we may be doomed to repeat the failures of all the mighty republics that have come before us.
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Today we stand on the precipice of grand chasm; behind us lies the ruin of a great nation founded on individual liberty, responsibility, and limited self government. The next step off the cliff is the way of socialistic servitude; not for the betterment of mankind, not to lift up the tired masses, but an enslavement of all to government control. What is at stake is literally the freedom of the world; as we have heard before “so goes America, so goes the world.” We are the only, the last, vestige of freedom in the world and if we fall there will not be another.
© 2010 Michael LeMieux - All Rights Reserved
LeMieux was born in Midwest City, Oklahoma in 1956 and graduated from
Weber State University in Utah with a degree in Computer Science. He served
in both the US Navy and US Army (Active duty and National Guard) and trained
in multiple intelligence disciplines and was a qualified paratrooper.
He served with the 19th Special Forces Group, while in the National Guard,
as a Special Forces tactical intelligence team member. He served tours
to Kuwait and Afghanistan where he received the Purple Heart for injuries
received in combat.
Mr. LeMieux left military duty at the end of 2005 after being medically discharged with over 19 years of combined military experience. He currently works as an intelligence contractor to the US government.
Michael is a strict constitutionalist who believes in interpreting the constitution by the original intent of the founding fathers. His research has led him to the conclusion that the republic founded by the Constitution is no longer honored by our government. That those who rule America today are doing so with the interest of the federal government in mind and not the Citizens. Michael believes that all three branches of government have strayed far from the checks and balances built into the Constitution and they have failed the American people. A clear example is the Second Amendment, which the Supreme Court and the founders have all said was an individual right and could not be "infringed" upon, now has more than 20,000 state and federal laws regulating every aspect of the individuals right, a definite infringement. He has traveled around the world living in 14 States of the Union including Hawaii, and visited (for various lengths of time) in Spain, Afghanistan, Kuwait, Korea, Scotland, Pakistan, Mauritius, Somalia, Diego Garcia, Australia, Philippines, England, Italy, Germany, and Puerto Rico.
Michael now lives in Nebraska with his wife, two of his three children, Mother-in-Law and grandchild. His hobbies include shooting, wood-working, writing, amateur inventor and scuba diving when he can find the time.
Contact Michael through his Website: www.constitutiondenied.com