October | 2013 | federalexpression

Archive for October 2013

A Two-Pronged Assault on the United States Constitution

The Constitution Under Attack **** GET YOUR FREE MAGAZINE ****

Alert! A rather insidious assault on the Constitution has been in progress for many years now in the form of a continual erosion of the rights of the people, the ignoring of checks and balances, the creation of extra-constitutional branches of government and the defiant redefinition of the document itself.

Yet now, as perhaps never before seen, there is a two-fold attack on the United States Constitution which is being perpetrated by both “Conservative” and “Liberal” interests simultaneously under the auspices of Domestic and Foreign Policy. While both political factions tend to oppose one another in these two areas, the solution each faction promotes would ultimately “fundamentally change” America.

A Treasonous Foreign Policy
The Obama Administration is in the process of hammering out two new “Free Trade” agreements in backroom negotiations. The two treaties are the Trans Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (TTIP). The TPP would establish a partnership in which the United States would join with Pacific rim nations in a regional super-governmental structure in which US domestic law would be brought into conformity with that of the other block members. The TTIP would accomplish much the same with nations in the Atlantic region, namely, the European Union nations. Enforcement of the harmonizing of law amongst these blocks of nations would require new international agencies. One can easily see, that the creation of these new agencies by our Congress would move the responsibility of law making out of the hands of our elected representatives to agency members not directly affected by the will of the voting public. In other words, the people of our nation will have lost its ability to affect legislation in these areas. Furthermore, dispute resolution would necessarily need to be handled in tribunals which represent the interests of the partnerships as a whole. Therefore, American businesses will be subject to the will of non-American or super-national panels without recourse to the national legislature.

It is difficult to discuss exact details of these treaties at this time because the negotiations are closed to Congress and the American people. The secrecy in which these negotiations are being conducted is foreboding. I suppose we have to pass the “Partnerships” to find out what is in them. What we do know is that they are being treated as if they are treaties and we are reminded that Treaty Law supersedes the Constitution. Despite the fact that there is ample evidence to show that treaties are invalid when they attempt to alter the Constitution, much damage has already been done in this manner through NAFTA and the WTO while our domestic courts have ignored these abuses. See the free magazine link below which details what we know at this time.

A Dangerous Domestic Agenda
Meanwhile, in an attempt to arrest the abuses of a run-away federal leviathan in Washington, our “Conservative” leaders are dreaming up new ways to destroy our Constitution. The latest fad is that of the Liberty Amendments being promoted by Mark Levin. This movement is quite insidious and rather ingenious. While the various problems discussed by Mr. Levin are real, genuine concerns, the poison is in the solution. A Constitutional Convention call could accomplish all of the planks of the “Liberal Left” at once, even if it were called by “Conservatives” for the exact opposite intentions. Please understand, I am not opposed to the intentions, the reasoning, or the correction of real abuses. I oppose the method of solution and here is why.

In the United States of America, the sovereign will of the people is the basis for all government. We are reminded in the Declaration of Independence that “…Men are endowed by their creator with certain unalienable rights… That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

The methods established within the Constitution to invoke this abolition or altering of the government is the Article V process. One such method is via a Constitutional Convention commonly called a Con-Con. There is a reason this method is not normally used.

Once this process is invoked and delegates are appointed, they would operate with the sovereign power of the people. This raw power must operate outside the confines of the governmental form which they seek to alter or abolish and there is no authority on earth which can restrain it. We are told that the amendments they would seek to establish would require ratification by the existing state governments. Is that a guarantee? No. Theoretically, the existing ratification process could be altered or abolished during this process. We have the historical precedent of the 1787 Constitutional Convention to prove that fact.

When the original 1787 Convention was called, the body was under instruction to alter the Articles of Confederation and the ratification process was specified to require unanimous consent of the 13 state legislatures. Rather than alter the existing document as instructed, they wrote an entirely new document. Read the document they gave us:

“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

What happened to the unanimous consent requirement?

So, I caution my fellow countrymen. Do not be so gullible as to accept these assurances. There are no assurances. Ask yourself a simple question. In a country in which its leaders refuse to obey the contract of government, what makes our “Conservative” leadership believe that new amendments will be obeyed? The solution to America’s woes ultimately come down to the American people having the will to enforce the Constitution as it is written and as it is intended. That need will still exist regardless of how many amendments we pass.

Preserve The Constitution
The primary goal of all Americans must be to preserve the Constitution. For as long as this document stands as a bulwark against dictatorship, we have recourse to it. We have the ability to enforce it. If we allow either the “Left” to Supersede it via dangerous regional partnerships or the “Right” to alter it through convention, all bets are off. So, all men of good will need the Constitution. Our course of action is simple: Defend it and enforce it!

References: