Posts Tagged ‘original intent’

As I was scrolling through my Facebook newsfeed I came across the following fragment of a quote from Thomas Jefferson, “An elective despotism was not the government we fought for.”  It appeared to me that Jefferson accurately predicted a couple hundred years into the future because his quote almost perfectly sunned up conditions existing here in the United States now.  The only discrepancy in the quote is the fact that the Biden regime is unelected, thanks to the theft of the 2016 presidential election from Trump.

Despotism is one of those words I’ve encountered over and over again and was 99 percent sure I knew what it meant.  I looked it up to be sure.  Here is a definition of despotism from Google.  It corresponds with my understanding of the term.

A country or political system where the ruler holds absolute power.  The exercise of absolute power, especially in a cruel an oppressive way.

I looked up the original source of the quote and found it here, Thomas Jefferson, Notes on the State of Virginia written in 1784.

An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others. 

The Constitution properly distributed government power between three federal branches, with proper checks and balances.  Also government power was distributed between the states and the federal government.

Progressives began transforming the United States from a constitutional republic into a full-fledged despotism over a hundred years ago by concentrating the majority of all government power into an enormously overblown executive branch of the federal government. The United States is now completely a despotism.

In his farewell address George Washington also warned that the concentration of power would lead to despotism.

The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this position.

This is a topic I’ve covered far too often since Joe Biden was installed in the White House two years ago.  My defense is that I am only chronicling a long train of abuses committed by Joe Biden and his fellow progressives.  They have far too frequently obliterated the First Amendment protections guaranteed to each and every American.

The latest installment in this horror show of abuses is aimed at doctors and other members of the medical profession.  Joe Biden issued an executive order forcing all members of the medical profession to perform abortions, sterilizations, and sex change operations, even if these operations violate the religious beliefs of the medical workers

The Biden administration will withdraw a Trump administration rule that would have allowed any healthcare worker to refuse to participate in abortions, sterilizations, or sex-change operations for reasons of conscience.

Healthcare workers will still be allowed to opt out of abortions and sterilizations unless doing so would cause “undue hardship to their employer, ” the San Francisco Chronicle notes, under an existing 1973 federal law.

And a recent judicial order barring a Biden administration mandate on transgender surgeries in a Catholic hospital remains in effect (even though the judge confined the effect of the ruling to the parties in the case).

However, they would not be able to opt out at will, and might not be able to apply that law to so-called “gender-affirming care,” the administration’s euphemism for surgery or drugs that mimic opposite sex characteristics and that fall short of formal sterilization (such as the removal of breasts as a treatment of gender dysphoria).

The federal government forcing anyone to violate their religious beliefs is a direct violation of the Free Exercise of Religion Clause of the First Amendment.  The original 1973 law, which is now back in effect thanks to Biden’s executive order, did not go far enough because there is no “undue hardship” exception to the First Amendment.

As you can see from this next quote, President Trump understood the First Amendment far better than progressives because his rule was instep with the original understanding of the Free Exercise od Religion Clause.

The Trump-era rule, as described in 2018 in the Federal Register, aimed ” to ensure vigorous enforcement of Federal conscience and anti-discrimination laws” within the Department of Health and Human Services (HHS): “The final rule also encourages the recipients of HHS funds to provide notice to individuals and entities about their right to be free from coercion or discrimination on account of religious beliefs or moral convictions.”

The right of conscience is absolutely integral the Free Exercise of Religion Clause of the First Amendment.  That is not just my opinion. It is a well-established fact, as you can see from this quote from the transcript of the debates in the House of Representatives when the Amendments to the Constitution that became the Bill of Rights were debated.  The designation for that particular session is 5, 17 , 20 Aug. 1789Annals 1:729–31, 755, 76

Mr. [Daniel] Carroll.–As the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the Government than almost any other amendment he had heard proposed. He would not contend with gentlemen about the phraseology, his object was to secure the substance in such a manner as to satisfy the wishes of the honest part of the community.

Mr. Madison said, he apprehended the meaning of the words to be, that Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience. Whether the words are necessary or not, he did not mean to say, but they had been required by some of the State Conventions, who seemed to entertain an opinion that under the clause of the Constitution, which gave power to Congress to make all laws necessary and proper to carry into execution the Constitution, and the laws made under it, enabled them to make laws of such a nature as might infringe the rights of conscience and establish a national religion; to prevent these effects he presumed the amendment was intended, and he thought it as well expressed as the nature of the language would admit.

It has been many decades since actual civics was taught is schools here in the United States.  Instead, school students were taught social studies, which is nothing more than a watered-down Marxist indoctrination scheme.  This was done to make Americans far more malleable.  If Americans are ignorant about the true nature of the United States Constitution, it is far easier to strip away their rights, and we are way less likely to stand up against a tyrannical government.  Today American students are taught a more insidious and despicable form of indoctrination.

Here are four Constitutional truths that have been erased so completely from school curriculums that even many conservatives are confused about.

1. Just because some individuals may “abuse” a right, it is absolutely wrong to strip that right away from everyone else.

At all levels, individuals are constantly prevented from doing things that they have every right to do.  The rational for this trampling of everyone’s rights is the claim that certain individuals may, or may not, do something wrong, or harmful, with a particular right.  That is a form of collective guilt.

Our constitutional system is founded on individual guilt.  Collective guilt goes against everything our nation was founded on.  Only those individuals who are guilty of a particular crime may be punished for that crime, and only after they have been found guilty in a court of law.

2. The Constitution only restrains the federal government and states.

The US Constitution does not reach down to individuals.  It is a document that only binds the hands of the federal government.  The Constitution also prevents the states from squabbling with each other.  Progressives have perverted the Constitution into an instrument that grants the federal government the authority to trample on the rights of every individual.

3. Supreme Court Precedents are nothing more that the opinions of Supreme Court Justices.

Supreme Court Precedents are treated as the supreme lay of the land.  They have been elevated above the plain text and meaning of the Constitution itself.  According to the Constitution, Supreme Court Precedents have absolutely no legal merit or weight at all because they are not mentioned in the Supremacy Clause, which is is Article 6 Section 2 of the Constitution. 

4. The United States is a Constitutional Republic, not a Democracy.

Probably twenty times a day I hear or read some talking head state that the United States is a Democracy. That is absolutely false.  The Framers of the United States Constitution hated and feared the form of government known as a Democracy.   They knew that Democracies are nothing more than mob rule where the rights of individuals and minorities are trampled on by the majority.

In a Democracy the acts of Parliament are the Supreme Law of the land.  In our Constitutional Republic the Constitution is the Supreme Law of the Land.  The rights and property of individuals are protected by the Constitution.

The Federal Government is divided into three distinct branches, which check and balance each other.  The Prime Minister and courts of Democracies are weak offshoots of Parliament.

Democracies are top down nations where provinces are just minor administrative districts.  The States here in the United States were meant to be mostly sovereign nations, tied together by a weak and limited federal government.

In a Democracy, Parliament wields the ultimate political authority.  In our constitutional republic, all political power rests in we the people.

Lost all of the exhilaration revolving around the Supreme Court’s long overdue overturning of Roe versus Wade was a much needed decision, which overturned a harmful policy instituted by the Environmental Protection Agency under the Obama Administration. 

This decision is discussed great detail in this article, How The Supreme Court Upended EPA’s Power Grab And Curbed The Administrative State (thefederalist.com)

The Supreme Court’s 6-3 decision in West Virginia v. Environmental Protection Agency upends the EPA’s assertion of authority, under the Obama and Biden administrations, to squeeze fossil-fuel generation out of the nation’s electricity fuel mix.

The decision directly vacates the Obama administration’s “Clean Power Plan,” which aimed to reduce power-sector carbon dioxide (CO2) emissions to 32 percent below 2005 levels by 2030 (80 FR 64665). By clear implication, the decision blocks any effort by the Biden EPA to mandate far more draconian power-sector emission reductions over the next eight years.

More importantly, by grounding its decision in the “major questions doctrine,” the Court puts the entire administrative state on notice that it will be skeptical of all major rulemakings that would give regulators vast new powers absent a clear authorization from Congress.

For a couple of decades I’ve been railing against the Administrative State and Executive Orders.  Both are highly unconstitutional.  This article, How Our Administrative State Undermines The Constitution (thefederalist.com) is well worth the read.

Article I of the Constitution declares, “All legislative Powers herein granted shall be vested in a Congress of the United States.” The people, in establishing the Constitution, delegated the power to make laws to Congress alone. The non-delegation doctrine, which holds that the legislature cannot delegate its legislative powers to any other hands, is a logical conclusion of the Founders’ understanding of government by consent of the governed. The people delegated legislative authority specifically to Congress. It cannot turn around and pass that authority to any other set of hands.

As the political philosopher John Locke wrote in 1690, the legislature holds authority “only to make laws, and not to make legislators.” The administrative state has no constitutional authority. At most, all administrative agencies would fall within the purview of the executive branch and be answerable to the president in his constitutional role of enforcing the nation’s laws. How, then, did this vast bureaucracy come to wield such sweeping powers to make the rules that govern us?

Over the course of the past century, Congress abandoned its legislative function and delegated its legislative powers to the unelected bureaucracy. It still passed resolutions that were officially called laws, but have generally taken the form of sweeping grants of authority empowering agencies to craft rules and fill in the details of unfinished legislation.

Here is the actual quote about the legislative branch lacking the authority to delegate their legislative authority.  The quote is from John Locke’s Second Treatise

The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they, who have it, cannot pass it over to others…And when the people have said, We will submit to rules, and be govern’d by Laws made by such Men, and in such Forms, no Body else can say other Men shall make Laws for them; nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them. The power of the Legislative being derived from the People by a positive voluntary Grant and Institution, can be no other, than what the positive Grant conveyed, which being only to make Laws, and not to make Legislators, the Legislative can have no power to transfer their Authority of making laws, and place it in other hands.”

Here is the exact text of Article 1 Section 1 of the US Constitution, which is titled Legislative powers; in whom vested.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Here is a definition of Legislative powers from the Law Dictionary

the authority of a branch of government that is charged with making and enacting laws.

Since all legislative power granted to the Federal Government is granted exclusively to the Legislative Branch and that Branch cannot delegate its legislative authority to any other entity, all edicts issued by the Administrative State are unconstitutional.

Under the US Constitution, neither the President, nor agencies of the Executive Branch, can issue executive orders that have the same legal standing as laws passed by congress, through the formal legislative process, because only the legislative branch was granted legislative power.

Since Executive Orders and edicts issued by the Administrative State violate the Constitution, they are not pursuant to the Constitution.   They are not the law of the land because they violate the Supremacy clause which states.

Article 6  Section 2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

The Administrative State and Executive Orders have done tremendous harm to the freedom and prosperity of every individual who has lived in the United States in the past 100 years.  West Virginia versus the EPA is a good first small step.  So much more needs to be done. Unfortunately, I do not see the Supreme Court doing more.  We the People must do the rest.