The fundamental premise that the federal government is one of enumerated and limited powers where the legislature makes laws, the executive executes the laws, and the judiciary hears cases and controversies is dead. It’s gone. It’s a distant memory hidden away in the recesses of a few craniums, occasionally making faint appearances in mans’ consciousness. The Rule of Law has been eviscerated; jettisoned from the minds of all Americans and supplanted with the Rule of Man.
If, like me, you understand the principles so eloquently stated in the Declaration of Independence you should be outraged at the despicable, immoral, and ignoble acts of government. If, like me, you understand the Constitution established by the voluntary acts of the people of the thirteen free and independent states birthed a Union of limited, enumerated powers you should be horrified by the complete and total annihilation of our political societies.
Words have meaning and in our governing documents those words have a fixed meaning. Without a fixed meaning and understanding it’s nonsensical to believe a government could operate in a stable, consistent manner. Government operates without constraint. Government operates with impunity and utter disregard to the Rule of Law. Five hundred and forty five people rule over three hundred and ten million people. Frankly, this is often times reduced to one person ruling over everyone else.
Contrast a common crime like a person stealing $1,000 of merchandise from a Walmart and being tried. To convict them it takes 12 people reaching a unanimous decision. Now, imagine that your right to property, to keep and bear arms, etc. is in question and reaches the Supreme Court. In a 5-4 decision, 1 person – YES 1 PERSON – can take anything from you. There is absolutely no limit to what the miscreants in government and especially the Supreme Court can and will do to you.
The judiciary has enabled the destruction of the Constitution by operating within a sphere of power never delegated to it under the Constitution. Judicial policy preferences and penumbras have superseded the very idea of consent of the governed. Constitutional law has absolutely nothing to do with the constitution. The basic principle of consent of the governed is the people make the laws that they live under. Those laws may not always be wise, good, or moral. One lawyer was never empowered to override the consent of the governed even when those laws may not comport with their personal preference, dictums, penumbras, or any other belief.
The judiciary is nothing less than what Raoul Berger describes in his book, Government by Judiciary, as a continuous constitutional convention. Judges act as though they speak for the people by revising, amending, and twisting the constitution to mean anything they desire. Typically, those desires reflect the judges’ personal preferences over the Constitution and the people themselves. Consent of the governed is but a distant memory as judges issue opinions overriding the majority will of the governed. These opinions are viewed as authoritative and binding on the people even when the opinions contradict the consent of the governed. It is farcical and absurd to consider the political right to vote as the only means to exercise your consent as the governed. Consent of the governed encompasses much more than the mere casting of a ballot every two or four years.
The executive is empowered to execute laws. The executive has an opportunity to veto any law he believes violates the constitution. However, once enacted the executive is bound by his duty to execute the law. If the executive dismisses his duty is he not in violation of his oath of office? For instance, if the executive unilaterally decides to not implement part of the Affordable Care Act is that not a nullification of that part of the Act? Likewise, the Defense of Marriage Act was not enforced by the current executive. Is that not an act of nullification? Likewise, border security is not enforced. Is that not an act of nullification?
The executive, as our agent and fiduciary, has nullified duly enacted laws. As an agent of the people of the states he has no authority to nullify any law he disagrees with. In fact, he swore an oath to faithfully execute the laws.
The Congress is the branch delegated the power to make laws. The executive and the judiciary have no law-making powers under the Constitution. No branch of government has any power delegated to amend, revise, rescind, or alter the constitution or the meaning of the constitution. Only a properly ratified amendment can change the constitution. But, Congress has far exceeded the powers delegated under Article I Section 8 of the constitution. The executive has exceeded powers delegated in Article 2. The judiciary has exceeded powers delegated in Article 3 by operating in a continuous constitutional convention revising, amending, and re-writing the Constitution according to their own personal preferences.
All three branches operate without any limitations on power. Instead of a government of enumerated and limited powers we have a government without limits exercising all power over the people. The Congress, the executive, and the judiciary act in concert with one another to destroy the fabric of the Union. Torn down and apart by decades of usurpations the government has metastasized like a malignant tumor destroying the component parts that give life. The tumor has consumed the very ideals of consent of the governed and the right of self-determination. Federalism has been obliterated.
The people stand exposed and naked against the brute force of arbitrary and capricious acts of the ruling class.
But when a long train of abuses and usurpations, pursing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
The time has come to end the foolish belief the ruling class will neuter its own power. The time has come to exercise our right to self-determination and self-governance by throwing off the very Government that reduces us to absolute Despotism. The time has come for the consent of the governed to withdraw their consent as it is our Right and our Duty to provide new Guards for our future security.