Posts Tagged ‘original intent’

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.

Roe v. Wade was not only a constitutionally dubious ruling, it was morally reprehensible, and rather barbaric.  Like most of us on the political right, I am optimistic that it will be soon overturned.  Like the vast majority of Americans, I was caught completely off guard by the leak of Samuel Alito’s majority opinion in the case Dobbs v. Mississippi.

Here are the two most important paragraphs from Alito’s opinion, as quoted from this article, Leak: Supreme Court to Overrule Roe, Returns Abortion to Voters (breitbart.com).

We hold that Roe v. Wade must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition,” and “implicit in the concept of ordered liberty.”

The right to abortion does not fall into this category. Until the latter part of the 20th century, such a right was entirely unknown to American law. Indeed, when the Fourteenth Amendment was adopted, three quarters of the States made abortion a crime at all stages of pregnancy. The abortion right is also critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of “liberty.” Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage, but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called “fetal life” and what the law now before us describes as an “unborn human being.”

I have studied the Constitution in great detail,  all from the original source documentation, rather than through Supreme Court Precedence. Up until the 1890s original documentation, such as the debates from the drafting of the Constitution, Ratification Debates in the States, The Federalist Papers, and The Anti-Federalist Papers were the primary tools used to interpret the Constitution,  The dramatic shift to using Supreme Court Precedence, which are just the opinions of the justices, as the only tool to interpret the Constitution did not begin until over 100 years after the ratification of the Constitution.

Samuel Alito, who is absolutely correct in his opinion overturning of Roe v.Wade, used a combination of Supreme Court Precedence and original documentation.  If he relied just on the original understanding of the Constitution, his opinion would have been much shorter,

Abortion is murder.  That is a truth understood by founding fathers of the United States, and those that wrote and ratified the Constitution. Murder is not a crime defined by the United States Constitution. Only a handful of crimes are defined in US Constitution. Those crimes are treason, counterfeiting, and piracy. Those are the only true federal crimes, the only crimes that fall under the purview of the federal government. All other crimes are left in the hands of the States.  Murder is not mentioned in US Constitution therefore it is left up to the States to define murder and prescribe punishment for those who commit that crime.  Because abortion is murder it is an issue left in the hands of the States, not the federal government.

Abortion is not a right because no one has a right to commit murder.  Hypothetically, if there  really was a right to an abortion,  the issue would still remain in the hands of the States, if we still followed the original interpretation.  Because abortion is not listed specifically in the Bill Rights,  it would be covered by the 9th Amendment which states:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

If abortion was a right covered by the 9th Amendment, it would still be left in the hands of the States because the Bill of Rights is a hands off for the federal government. The rights protected by the Bill of Rights are far too important for the federal government to touch them in any way, not even the Supreme Court.  Decisions involving are most important rights were left in the hands of the States exclusively.  This is documented in great detail in this lengthy discourse, which took place at the beginning of the drafting of the Bill of Rights in the House of Representatives. 

It was not until the 1920s that the Supreme Court declared that it had the authority to rule on cases involving the Bill of Rights.  The Supreme Court granted itself that authority in direct opposition to the plain meaning of the Constitution using what is called the Incorporation Doctrine.  I will cover the Incorporation Doctrine in great detail in a future article.

All this talk of abortion being a right covered by the 9th Amendment is mute because abortion is murder, and no one has a right to commit murder.

I’m not quite sure when progressive indoctrination replaced actual civics here in the United States.  I’m not sure anyone is because this transformation was gradual and stealthy.  In an attempt to research that point for this article I searched for the following phrase on Google: “when did social studies replace civics.”  Here is the most informative quote the anti oracles at Google provided:

Until the 1960s, it was common for American high school students to have three separate courses in civics and government. But civics offerings were slashed as the curriculum narrowed over the ensuing decades, and lost further ground to “core subjects” under the NCLB-era standardized testing regime

The response was just what I expected.  The transition began in the 1960s, when the Marxists began their transformation of the United States from a Constitutional Republic into a socialist democracy.  When I started grade school in the late 1970s the class was called social studies but civics was still at the core of the subject.  When I ended grade school it was more social studies and less civics.  That trend continued through my high school years.  When I attended the University of Massachusetts real civics was difficult to find.

The NCLB mentioned in the quote is the abbreviation for No Child Left Behind, one of George W. Bush’s crowning achievements.  Until Obama’s Common Core came along it was the worst thing to ever happen to American Public education.

It is extraordinarily safe to say that progressive indoctrination is now completely out of control here in the United States, at all levels.  It has infected all subject.  It has taken so many different forms, all of which are meant to turn every single student into an ignorant, unquestioning, and obedient slave.  The political left does not want educated free citizens.  The more ignorant, immoral, and unhappy we are the easier it will be for the Democrats to control us and all aspects of our lives

This quote from a Benjamin Rush Essay written in 1786 provided the inspiration for my article this week.  It appeared in my Facebook news feed in the form of a meme shared by the Atlas Society.

Freedom can exist only in the society of knowledge. Without learning, men are incapable of knowing their rights, and where learning is confined to a few people, liberty can be neither equal nor universal.

James Madison wrote something very similar in a letter in written in 1822.

A popular government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors must arm themselves with the power which knowledge gives.”

My favorite founding father, Thomas Jefferson, wrote this to Charles Yancey, 6 January 1816.

 if a nation expects to be ignorant & free, in a state of civilisation, it expects what never was & never will be. the functionaries of every government have propensities to command at will the liberty & property of their constituents. there is no safe deposit for these but with the people themselves; nor can they be safe with them without information. where the press is free and every man able to read, all is safe.

Unless the American people seize back control of our entire educational system real soon, we will no longer be a free country.

I have always been most proud of the fact that I am truly a unique individual.  I have never fit in anywhere and never wanted to.  The people who know me say that I am way, way out there in my own little universe.  I don’t march to the beat of a different drum, I wander aimlessly to music that only I can hear in my head. 

From the beginning of this great nation, individuality was most highly prized.  Rugged individualism was one of the cornerstones that the United States was built upon.  The Constitution was written specifically to protect the God-given natural rights of every single individual in the United States. 

Classical Liberalism, which is the precise opposite of modern liberalism, is the philosophy that was closely held by the founding fathers of the United States.  They infused that philosophy into the Declaration of Independence and the Constitution so thoroughly that it is the lifeblood of the United States.

Libertarianism is the modern equivalent of Classical Liberalism. That is the philosophy that is at the very core of my being because no philosophy is more individualistic.  According to Libertarianism and Classical Liberalism, each and every individual is free to do whatever they want to as long as they do not hurt any individual or interfere with the rights of any other individual. 

In a true Classically Liberal society, such as the United States was meant to be, each and every individual is free to live their lives as they wish, as long as do not hurt anyone or interfere with the rights of anyone.  As long as we do not hurt others or interfere with the rights of others, the government at all levels must leave us alone to live our lives as we wish, neither restraining or helping us in any way.

Today the United States is as far away from being a Classically Liberal society as can possibly be because this nation has been infected by various forms of collectivist philosophies, in ever increasing amounts, for more than 100 years.  Collectivism is the very opposite of individualism. Those utopian philosophies, when instituted, turn any society into a hell where any individual, or group of individuals, can be sacrificed by any government, for any reason.  This is most often done in the name of the “greater good.”

The Democratic Party has been completely taken over by collectivists of a socialist variety.  Since the installation of Joe Biden, thanks to the stolen 2020 presidential election, the Democrats have nearly completed their transformation of the United States into collectivist hell hole.

Rather than individualism, collectivist mob rule by brain washed masses is now the predominant culture of United States. 

The instinctual roots of collectivism and dangers of those misguided philosophies are discussed in this article: How Compulsive Conformity Can Get People Killed (thefederalist.com)

In primitive environments, the herd instinct serves as a means of survival. If some sense danger and rush to safety, all follow. But how does such a conformity impulse work in a high-tech society like ours? It doesn’t really.

Sure, a certain level of conformity is normal for a society to function. But an unchecked conformity impulse in a technological society like ours acts more like slow-motion suicide than a survival mechanism. We think we’re saving ourselves by conforming, but in the long run the opposite is true.

In fact, our instinct to conform has become a weapon tyrants use to control us by threatening social isolation for those who don’t obey. This is especially the case when a monopoly of tech overlords can broadcast propaganda to the herd, instantly and globally. In such cases there is no “wisdom of crowds.” When the masses obey the propaganda to avoid social punishment, they only prop up propaganda and thereby spread social turmoil.

The lack of resistance to the liberty destroying mandates and lockdowns imposed to combat the Wuhan Flu here in the United States was rather appalling to me.  This lack of resistance was brought about by decades of collectivist indoctrination and the destruction of our true history.

If we were still a nation of nonconforming nonconformists like me, the Wuhan Flu restrictions, mandates, lockdowns, and other nonsense would have ended rather quickly.  Unfortunately for all of us, the United States is now a nation of conforming sheeple.