6/30/2012 11:07 AM
In their ruling of the Arizona Immigration laws, the Supreme Court declared the“discretion of the federal agents” to be sovereign over the states. In the ruling on the Affordable Healthcare Act, the Supreme Court declared the federal government to be sovereign over the citizens. These rulings have served a nearly fatal blow to the 9th and 10th Amendments of the Constitution. Now, more so than ever, or at least since 1830, the citizens of this nation must stand together in defense of the Constitution, as the ultimate protectors of our God given rights.
Our founders did not make the federal government sovereign over the people or the states. The 9th Amendment makes it perfectly clear that all rights belong to the people, enumerated or not. The 10th Amendment makes it clear that aside from the power “delegated” to the federal government, EVERYTHING ELSE belongs to the people through their states. And the Federal government was only delegated very limited powers. James Madison said those powers were limited primarily to external objects and named them specifically as war, peace, foreign commerce and negotiations. What that means for us, is that the federal government has no business what so ever in our health care, or in our businesses, our schools, or any other aspect of daily life, whatsoever!
Over the years, through an absolute dearth of true Constitutional teaching in the government schools, especially our law schools and through the replacement of precedent over the intent of the founders, we have allowed our courts to stray far from the original limitations and purpose of the Constitution. Our founders never intended for the “general welfare” clause to mean the “everything welfare” clause. Madison explains in his 1792 argument against federal subsidies that the general welfare clause was not meant to expand the power of the government beyond its limitations, but to describe the purpose of the power delegated within strict confinement of those boundaries. This was not just his opinion, but the opinion of ALL who drafted the Constitution.
“I, sir, have always conceived – I believe those who proposed the Constitution conceived – it is still more fully known, and more material to observe, that those who ratified the Constitution conceived – that this is not an indefinite government, deriving its powers from the general terms prefixed to the specific powers –but a limited government, tied down to the specified powers, which explain and define the general terms.” James Madison On the Cod Fishery Bill, granting Bounties 1792 (emphasis added)
I dare say, James Madison himself would barely recognize the government we have today. Actually, maybe he would, because it looks identical to the one he and his patriot brothers and sisters pledged their lives, fortunes, and sacred honor to declare independence FROM and ultimately defeat in the name of Liberty.
Apart from the twisted logic and contortions Chief Justice Roberts uses to justify this tyranny under the tax and spending clause, there are some fascinating and instructive statements in this ruling. Believe it or not, embedded in this ruling, are the instructions for righting the ship, and bringing this nation back to where we need to be.
There are three things that we as a nation must do now. We no longer have the luxury of waiting until November and seeing what will happen. If we do not do these three things, if we fail in our attempts, we will fully establish the totalitarian government our Supreme Court has supported.
First, we must keep the proper perspective. The Supreme Court is NOT the ultimate arbiter of the Constitutionality of a law. The Supreme Court is 1/3 of the federal government, with no more or less power than the other two branches. It is the Constitution that is the Supreme law of the land, not the Justices of the Supreme Court, and all decisions, even ones made by the court must stand before the ultimate judge - the rule of law in the Constitution. The Constitution was written and ratified by“an act of the whole American People” as Thomas Jefferson declared in 1802. Its purpose is to “secure the blessings of Liberty…to our posterity”. To secure that Liberty, “governments were instituted among men”, not over them, and “derive their just powers from the consent of the governed.” Our founders gave us a government dependent upon OUR consent, not the will of the Supreme Court. They knew that since Liberty belonged to us, we would be the only ones suited to determine when “any form of government became destructive to those ends.” Hamilton articulated this responsibility very well in Federalist Paper #33.
“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution…”
Believe it or not, Justice Roberts also gives us this directive in the healthcare ruling. He plainly tells the people of this nation, get off your backsides, stop complaining, accept the consequences of your decisions and do something about it!
“Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.” (emphasis added,) -Justice Roberts.
Therefore, we have a job to do, since WE THE PEOPLE are the ultimate arbiters and guarantors of Liberty.
The next thing that must be done is the states must do their jobs. Madison declared our state legislators to be the “sure guardians of our Liberty.” How many of our state legislators really understand that their primary job description is to protect the people from federal encroachment? Listen to the power in Madison’s exact words.
“the State Legislatures will jealously and closely watch the operations of this Government, and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people's liberty.”
Our states, especially those who thought it important enough to file a lawsuit, must stand now and say, this law is unconstitutional, this ruling is unconstitutional and we are not bound by it! Basically, our states must have the courage to say, “WE WILL NOT COMPLY”. It is our states that must“redress the injury done to the Constitution.” Once again, Justice Roberts in the very ruling that dealt such a devastating blow to the Republic, points the way.
“In the typical case we look to the States to defend their prerogatives by adopting “the simple expedient of not yielding” to federal blandishments when they do not want to embrace the federal policies as their own. Massachusetts v. Mellon, 262 U. S. 447, 482 (1923). The States are separate and independent sovereigns. Sometimes they have to act like it.” (emphasis added) -Justice Roberts.
Not only did he give the directive, but he gave the pathway as well.
“Instead, we determine, first, that §1396c is unconstitutional when applied to withdraw existing Medicaid funds from States that decline to comply with the expansion… As a practical matter, that means States may now choose to reject the expansion; that is the whole point.”-Justice Roberts
Anytime an addict withdraws from a drug, especially with long term use, it will be a painful withdrawal. It is time the people of this nation withdraw from the federal funding drug and discover once again how to function as a normal and healthy republic. The states must have the courage, the strength, and the resolve to lead their people through this process. If they fail to do so, the death of Liberty and enslavement of our children will be on their hands. Press your governors and state legislators to stand against this tyranny. Demand that they do as Justice Roberts has said – DO NOT COMPLY.
Finally, we must do everything necessary to replace our members of the House and the Senate with true Constitutionally-minded patriots that will repeal this law. We must especially fight for the seats in the Senate and then hit the streets like we did in 2010 to pressure them to vote the right way. I am begging; do not to put all faith in one man. Do not lay the burden of repealing this law on the President. He does not have the power to overturn or set aside ANY law. We will be giving permission to the President to set aside the Constitution to achieve an end that we desire. This “ends justify the means” style of government is what got us in this mess. No man can resist the temptation of ultimate power. It is time that we limit the executive branch of government once and for all. The ONLY way we will do that is to have a properly functioning Congress. That does NOT mean a Congress full of men and women who bare the sacred “R”. That means, whatever their letter designation, they are sold out, 100% dedicated to the Constitution and the principle of LIBERTY FIRST!
We must require them to become proficiently trained in the principles of the Constitution and then hold them immediately accountable when they fail to protect it. We cannot “like” a politician so much that we give them a pass. Many will say that Thomas Jefferson was a great patriot. If he were here today, he assuredly would have a sizable “cult” following. Yet Jefferson himself warned that the people have a duty to ALWAYS keep their politicians in check and accountable.
“If once [the people] become inattentive to the public affairs, you and I, and Congress, and Assemblies, judges and governors shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions;”
No more cult following of politicians. No more passes for personality or past employment or service. Our hired representatives must do their job, the one they took an oath to or they will be fired! No more trading Liberty for Security. No more compromising of Constitutional principles. No more legislation born out of fear or the dreaded “necessity”. We will allow only laws that limit the government and comply with the original intent of our founders. And if they do not know what that means, they are NOT QUALIFIED to do their job.
These Supreme Court rulings are absolutely unconstitutional. There is NO victory within in them. The Constitution and Liberty may have been dealt a nearly fatal blow this week, but Liberty is not dead. This God-given gift burns within our very souls and we must revive it. To whom much is given, much is required. WE must right this ship. WE must rebuild on a firm foundation. WE must take the steps necessary to overcome the consequences of our own negligence…even if it is to the point where we have to exert that ultimate Right of the people, to alter or to abolish a government destructive to those ends, and to institute new one. Independence is our right and our heritage!
This will take courage, this will take resolve, but we are guaranteed by history and experience that if we stand for this noble cause, we will win. Do not falter. Do not retreat. We will not wake up one day and apologize to our children for not doing everything we could humanly and super-humanly do to avoid their chains and slavery. Look these young people in the eye TODAY and Stand. Stand strong. Stand with courage and resolve. Stand together for the holy cause of Liberty for the sake of our posterity. In the immortal words of Daniel Webster, “Hold onto the Constitution and to the Republic for which it stands…for if the American Constitution should fail, there will be anarchy throughout the world.”
KrisAnne Hall is a former prosecutor and Constitutional attorney who was fired from her job for teaching the Constitution to citizen groups. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor's wife and a patriot. Her former employer, State Attorney for Florida's 3rd Judicial Circuit, gave her a choice – give up her First Amendment right to speak on her own time or be fired. KrisAnne said, "My First Amendment rights are worth more than a paycheck and I will not surrender them."
She now travels the country and teaches the Constitution and the history that gave us our founding documents.
Copyright ©2012 KrisAnne Hall