► Show Top 10 Hot Links

Posts Tagged ‘The Constitution’

Ethical Resistance Part 1

by The Kraken ( 220 Comments › )
Filed under Conservatism, Libertarianism, Progressives, The Political Right at February 11th, 2014 - 12:00 pm

Ethical Resistance in a Constitutional Republic

 

Are we in the grip of domestic enemies of the Constitution? I believe so.  Because I believe so, I have a duty to consider action to defend the Constitution.  Much hinges upon two questions:

  • Am I correct?  And if so,
  • What action is appropriate?

I will attempt to answer both of these in a train of thought I call Ethical Resistance.  More pointedly, I will try to set up a framework for answering these questions rather than answer them specifically, and hope thereby to teach a man to fish, rather than provide fishsticks.  Finally, I’ll do it a little at a time and adjust fire as necessary, as people have said that I reading what I write is like singing stereo instructions.

Duty

Employees of the United States Government — including all members of Congress — are required to take the oath specified in the following public law before assuming elected or appointed office.

5 U.S.C. 3331:

“An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services shall take the following oath: ‘I, AB, 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.’”

It is clear that there is a duty to defend the Constitution against domestic enemies.  In discharging any duty, an amount of diligence is required, or dereliction may still be found even in the most fervent but ignorant and misguided pursuit of “duty”.

I have intentionally not relied upon any formal legal opinions, as I am woefully unqualified to do so, and resistance is only really justified if our system of laws is sufficiently compromised or ill-equipped to deal with the threat.  That is a question for another day, but a good one to keep in mind just the same.  I wish to rely upon those clear pillars of liberty; government limited by the Constitution, and the Constitution defended by a free citizenry.  The key difficulty in legal opinions is that a string of case law may provide a legal basis for a point of view, but it is no guarantee that the point is ethical.  There is a reason this article is not called “Legal Resistance”, and that is that civil disobedience may be required.  I can certainly foresee departure from regulation or the breaking of laws as necessary components of defending the Constitution.

I contend that a good-faith effort, well-defended with reasonable arguments, by reasonable people, is sufficient diligence to pursue duty without being reckless.  We may risk much for great goals, but not for small ones.

Duty commands those bound by an oath to defend the Constitution to let the remaining chips fall where they may.  In any conflict between orders and the Constitution, leaders and the Constitution, or government and the Constitution — the Constitution of our oath wins.  The key to duty here then is to be very sure what that means, and duty may not be carried out in ignorance of that distinction.

That is what this series will cover.

Tags: ,
Posted in Conservatism, Libertarianism, Progressives, The Political Right | 220 Comments »

All bills for raising revenue shall originate in the House of Representatives

by Guest Post ( 2 Comments › )
Filed under government at July 26th, 2013 - 7:00 pm

Guest Blogger: Doriangrey

 

Back in ye olden days, before Ed Morrissey’s dainty little panties got in a bunch and he swooned into a frightful faint, I had pointed out on a number of occasions the fatal Achilles heel of Obamacare. It is and was a minor yet significant little fact that no less that the arch mage of evil, Chief Justice of the Supreme Court of the United States of America, John Glover Roberts, Jr painted across the sky in 100 mile tall brightly lit glowing neon letters.

Article I Section 7.

All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

The abomination known as “The Affordable Health Care Act” Obamacare for short, did not originate in the House of Representatives and was declared therefore by the Supreme Court to be Unconstitutional when they declared Obamacare to be constitutional because it was a Tax. Sadly the GOP Leadership under John “Crybaby” Boehnor is both cowardly and utterly corrupt and despite Chief Justice Robert’s all but taking them by the hand and showing them how to render Obamacare null and void.

It has become painfully and indisputably clear that the Democrat’s in Republican Cloths like John McVain, John Boenher and Mitch McConnell have absolutely no intention what-so-ever of opposing any of the Democrat/Marxist Cloward-Pivens strategy driven agenda. It is however quiet fortunate that not all elected Republican representatives are as morally corrupt as the McVain, Boenhor and McConnell.

Ted Cruz and Rand Paul it would appear have actually read the US Constitution and fully intend to use it to oppose the Democrat/Marxist agenda of Obama and the corrupt GOP leadership.

Movement to defund ObamaCare grows
By Elise Viebeck – 07/25/13 02:50 PM ET

A growing group of congressional Republicans is pushing leaders to defund ObamaCare in the next government spending bill, setting the stage for a showdown in September, when the current continuing resolution expires.

Twelve Senate Republicans sent a letter Thursday to Senate Majority Leader Harry Reid (D-Nev.) declaring they would not support a government funding bill unless it excludes funds for the healthcare law.

And 66 House Republicans, more than one quarter of the conference, have signed on to a similar letter from Rep. Mark Meadows (R-N.C.) urging Speaker John Boehner (R-Ohio) and House Majority Leader Eric Cantor (R-Va.) not to allow votes on a government funding bill unless it chokes off money for the Affordable Care Act.

Supporters see these efforts as their last chance to cripple healthcare reform before its major provisions take effect in October. But the government will shut down after Sept. 31 unless the House, Senate and the White House reach an agreement on another continuing resolution or appropriations bill.

The best part about this plan, is that it has been made possible by the corrupt leadership of Nancy Pelosi and Harry Reid themselves. The United States Constitution requires that the House and the Senate produce and pass a budget every single year. By intentionally avoiding that constitutional requirement Harry Reid, Nancy Pelosi and their conspirators in corruption within the GOP leadership have made it possible for those within the Republican Party who are still honorable to hoist Reid, Pelosi, Boehnor and McConnell upon their own petards.

(Cross Posted @ The Wilderness of Mirrors)

Tags: ,
Posted in government | 2 Comments »

The Power Grab of Barack Hussein Obama

by Phantom Ace ( 92 Comments › )
Filed under Barack Obama, Election 2008, Elections 2012, Fascism, Free Speech, Liberal Fascism, Progressives, Socialism at August 3rd, 2011 - 8:30 am

The Progressives accused Bush of abusing the powers of the Presidency. They were projecting onto him, their intentions. Barack Hussein Obama has governed like a 3rd World Style Progressive. He has a State Capitalist economic policies, engages in demagogic rhetoric and abuses of power. Obama has even admitted he wishes he can act with dictatorial like powers. In fact, he has engaged in power grabs.

Candidates never keep their promises once in office. But even by the unlovely standards of his political peers, President Obama has pulled a rather impressive switcheroo from the anti-Bush to Bush-plus. He ran on a platform to undo President George W. Bush’s legacy and restore government accountability, even signing the pledge from the Reason Foundation (where I work) to “fully and robustly” work toward “open, transparent, and accountable government principles.”

[….]

1. War-making powers. During the campaign, Obama famously declared that when it came to bombing Iran’s nuclear facilities: “The president does not have the power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

But not only did he not get prior congressional approval before bombing Libya, which poses no threat, he refused to get approval even 90 days after the fact as required by the War Powers Resolution Act. Why? Because he insists that unless troops are committed, we are not engaged in a war, only “kinetic military action.”

[….]

2. Civil liberties. During a 2005 speech, Obama rightly condemned the “false choice” between liberty and security posed by the Bush war on terror. So what does he do after getting elected? Not only does he not return the civil liberties that Bush took away, he confiscates more.

[….]

3. Legislating through bureaucrats. If this assault on civil liberties is chilling, so is the manner in which Obama and his congressional minions are colluding to hand over control of the economy to unelected bureaucrats.

Consider the Independent Payment Advisory Board that Obamacare created. Its 15-member board, appointed by the president, has virtual carte blanche to cut Medicare spending by mandating “evidence-based medicine” (code for rationing) or slashing physician payments. Its “recommendations” will have the force of law unless Congress passes—with a three-fifths supermajority in the Senate—alternative cuts of an equal amount. This, in essence, delegates away Congress’ legislative powers.

[….]

4. Killing the auto industry through regulatory fiat. At least the president worked with Congress before delivering the financial and health care industries to the clutches of bureaucrats. If only the auto industry had been so lucky. The administration’s newly proposed fuel economy standards are the regulatory equivalent of declaring war on carmakers, as I noted in my last column. However, as with Libya, the administration failed to involve Congress, in a clear departure from past precedent when Congress has set the standards and the EPA has implemented them. This time, the EPA is doing both.

Read it all: Obama’s Top Four Power Grabs

I don’t really agree that Bush took civil liberties, since I was able to criticize his policies without fear of retribution. The other 3 examples of Obama abusing his power are spot on. He is trying to emulate the 3rd World tyrants he grew up admiring.

Tags: , , , ,
Posted in Barack Obama, Election 2008, Elections 2012, Fascism, Free Speech, Liberal Fascism, Progressives, Socialism | 92 Comments »