Monday, May 24, 2010
Franklin’s Brainchild Has Become Frankenstein’s Monster
The Republic piece by
Jayme Evans
“It has been urged and echoed, that the power ‘to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,’ amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. “ - James Madison, Federalist No. 41 - General View of the Powers Conferred by The Constitution.
For Americans who oppose the criminality of the Obama Administration, November 2010 provides the first real opportunity to try and restore some legality, constitutionality, sanity and stability back to our country and stop it’s free-fall into oblivion. At the risk of sounding more like a defeatist than a realist, although large numbers of Americans are finally beginning to wake up and actively oppose the dismantling of their nation, it may already be too late.
Although there have been many events that have divided us as a country, we have always prospered from the strength of our Constitution. The natural rights it bestowed upon all of us were balanced with serious responsibilities and limits on power. Those who possessed that power could only do so as long as they had the consent of those who bestowed it upon them. It is self-evident that the Founders couldn’t think of or enumerate every federal power or limitation. But, those limits that they did enact no longer exist in the muddled minds of the current generation of so-called “leadership” who have no use for such trite nonsense. The checks and balances that our Founders fought so hard to incorporate into our Constitution; the glue that has kept us united, has evaporated; huffed by the aging hippie subculture like a can of cheap spray paint.
The legislative branch has evolved into nothing more than a bevy of criminals who are primarily concerned with retaining the power and trappings of office. They are Jacks-of-all-trades, yet masters of none who assume the role of physician, economist, police officer, climatologist, geologist, soldier, petro-chemical engineer or nuclear scientist whenever they feel like regulating an industry or shaking down its captains for political contributions. Their legislative chains are so spiteful of the Constitution; so costly and burdensomely Un-American, it would make our Founders’ cringe.
Yet, there are no term limits for members of the federal legislative branch. As long as the money comes in, they can continue to attack their opponents and buy votes with tax dollars plundered from the public until they die. Ask the late King of Pork, John Murtha, who dispensed earmarks until he lost consciousness and could oink no more.
The executive branch has routinely exceeded its authority numerous times over the last century under both Democrat and Republican administrations. The expansion of the federal government and the entitlement state under George W. Bush was no different than under previous Democrat administrations, resulting in far too many institutions allegedly created in our best interest that do nothing but pilfer private land and wealth, sap productivity and enslave the entire country under mountains of regulation.
With Barack Obama, the situation is exponentially worse. As head of his political party, he colludes with the legislative majority behind closed doors or in the dark of night to force passage of legislation that Americans reject. He has intruded into virtually every aspect of American life. He stokes division, attacks members of the media who won’t march in lock step, criticizes state governors who secure their borders and slanders ordinary Americans who cringe at the very sight of him on television every day.
While he exerts total control over everything he’s ever set his clutches on, he childishly whistles past the graveyard as thousands of gallons of oil spew from the Earth, hoping that the resulting environmental disaster is of such magnitude he can finally put the plug back in the American oil industry for good.
A generation of tacit, federal government thwarting of its own immigration laws has now given way to active interference and opposition. Federal department heads and Cabinet officials are now ignoring, opposing or apologizing to foreign governments for Arizona state law, which closely mirrors but is actually less stringent than federal law. The head of Immigration and Customs Enforcement, whose sworn duty is to process illegal aliens turned over for deportation now refuses to uphold the law or do his job. He should be fired.
Obama is so livid at Arizonans, he hastily threw together a State Dinner for sole purpose of allowing the Mexican president multiple opportunities to antagonize US illegal aliens by criticizing an entire American state on American soil, in spite of both his own country’s tougher stance on illegal immigration and its continued refusal to stop tossing its flotsam and jetsam over the fence.
The judicial branch is the final arbiter of the law. It was supposed to exist co-equally with the other two branches; to be fair and impartial and interpret both the constitutionality and applicability of the laws written by the legislative branch and enacted by the executive branch. It was supposed to check the abuses and balance the power of the other two. It has failed miserably.
On constitutional issues of such grave importance as the very legitimacy of a US president, they rule that an American citizen is uninjured and therefore lacks standing under the very document they are trying to defend. But, the same body ruled that an ex-federal employee of a National Park who can’t stomach the thought of a war memorial 50 miles from civilization in the middle of the desert was injured and has constitutional standing.
There are no term limits, only tenure in the federal Judiciary and appointment to the Supreme Court isn’t even predicated on having ever heard a single case as a sitting judge. With a socialist ideologue about to appoint his second high court justice and an invertebrate Senate refusing the filibuster, it appears the next lifetime appointee to the highest court in the land will be a military-despising, closeted lesbian from Harvard who never judged a single case. But, she’ll be in good company. The rest of these elitists now believe that it’s perfectly legal and ok to openly admit, as did Justice Kennedy in Graham v. Florida, to looking to the decisions of foreign courts as the the basis for their opinions.
The situation that we find ourselves in can’t get much worse. When you have a broken system of checks and balances; a judicial branch that refuses to examine the qualifications or determine the constitutionality of the actions of an illegitimate executive branch that is itself bypassing the normal constitutional processes and usurping the power of the presidency whilst conspiring with the legislative branch to topple our system of government, you have complete dysfunction and the imperial tyranny that our Founders so often cautioned against and admonished us to abolish.
Although the Constitution contains few hints as the the mindset of its framers, the Federalist Papers are a treasure trove of insight. It’s abundantly clear from Federalist 41, “General View of the Powers Conferred by the Constitution” that in arguing for the formation of a central government, James Madison could not have foreseen the depravity of modern-day Social Progressives. Many people argued that the general welfare clause would allow Congress to legislate “in all cases”. Madison clearly felt that an enumeration of the powers of taxation and regulation of general welfare was overkill, but that lack of legislative restraint and the damage that can result is more evident with this government than at any point in our nation’s history.
The 2010 election may put us on a straighter path than the one we’ve been on for the last few decades, but it won’t solve our problems. The only way to cast off the chains of tyranny and restore those critical checks and balances is to enact strict term-limits throughout the entire federal government. This is the only way to positively prevent any one politician, political party, judge, court, legislative body, political office or branch of government from becoming more powerful than those who elected, created or empowered them in the first place.
Jayme Evans
HowardWasRight 
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