Joel's Rant
A Conservative Blog

Joel's Rant

Obama again circumvents the Congress for his own political needs

April 27th, 2014 . by joel

President Obama and Attorney General Eric Holder, will use the executive’s pardon power to rewrite the narcotics statutes. This is a gross abuse. The pardon power exists to mitigate injustice in individual cases. The president, to the contrary, proposes to use it to target laws he disagrees with — laws whose constitutionality is beyond dispute but to which he objects on policy grounds. Which is to say: laws that it is his solemn constitutional duty to execute faithfully, not …undermine.

As usual, the administration’s story is rife with fraud. Holder carefully talks about “non-violent” drug “offenders.” Obama riffs about “kids or individual users” supposedly “locked up . . . for long stretches of jail time.” You are left to imagine poor addicts who never hurt anyone but themselves, languishing for decades in some super-max prison. Yet federal drug enforcement targets felony drug dealers, not simple possession of drugs — the latter is left to the states. Mere users of marijuana and crack are not wasting away in federal penitentiaries.
http://www.nationalreview.com/article/376607/obama-subverts-law-name-clemency-andrew-c-mccarthy


Break Glass in Case of Emergency

April 4th, 2014 . by joel

When the Framers wrote the Constitution they clearly debated and argued about the form the central government would take, the checks and balances they would incorporate, and they also had to determine where the real power of that government would reside.  What most people don’t understand, and where the weakness in our republic is today, is that the real power, the force behind the government, was given to the VARIOUS INDIVIDUAL STATES, not to the central government.

Just as a reminder, the name of our nation is the United States of America.  The most operative word in that title is the word STATES.  What we have today is no longer the United States of America.  It’s just America. 

Before the Constitution, even before the Revolution, each colony was an entity unto itself, a sovereign political subdivision, loosely joined to the others based on common goals, language, heritage and the like.  They all operated successfully without a central government binding them together.  Each state made its own laws and conducted itself independently of the others.  Each state had its own constitution, its own constituency, its own unique personality, its own currency, some had their own state approved religions and they all essentially ruled themselves without the assistance or inclusion of the others.

Had the original 13 states been forced to forfeit that autonomy, or cede their sovereignty, the United States would never have become a country.  It was the states that gave the central government life, not the other way around.   Instead, the states have become merely clients, powerless bystanders, to the central government.  They have virtually no power, they have no connection to the workings in Washington, they wield no authority, and they are virtually irrelevant to the operation of the central government.  They are nothing.  They are dead.

The only role for the central government is the 17 enumerated powers itemized in Article I, Section 8 of the Constitution.  That’s it.  Outside of national defense, and a few other responsibilities, virtually all actions taken, and money spent, today by the central government are outside the tight limits of the Constitution.  In fact, the reason why the first constitutional convention was held in 1787 at all was for the Framers to find a way for the “union” of 13 individual political subdivisions to find a way to encourage and grow trade and commerce, and to codify the national debt incurred by the Revolutionary War in one location.  That was it.  The idea that the central government would run up debts totaling over $17 trillion funding domestic programs, or over $100 trillion in unfunded entitlement responsibilities, would have been anathema to those people.  

At this exact point in time, all three branches of the central government have together, taken for themselves, the role of a continuing and ongoing constitutional convention, changing and rewriting the Constitution on an almost daily basis in an effort to grab power and authority away from the sovereign citizens.  In other words, the Constitution is being rewritten as we speak. 

The only way to break this cycle of central government tyranny is to break this cycle of central government tyranny.  To do that, amendments to the Constitution need to be added that will change the point of final decision making, from the Congress and the president and sometimes even the Supreme Court, back to the states.  That is the only way.  It won’t merely by voting for one party or another.  With a few exceptions, member of both parties like big central planning government. 

It’s time to concede that the present central government is completely out of control, and will never return to the time when it lived within the limits proscribed by the Constitution of 1787.  Those days are over, and the fault lies with BOTH political parties.

The framers understood that there could come a day in the future, when the central government would no longer live within its lawful limits, when leaders would no longer operate with virtue, when the limits on each branch would be invaded by the other branches, a time when tyranny would prevail.  That day has arrived.

In their genius, the framers wrote into Article V (the article that provides authority for amending the Constitution) a second way to amend the Constitution apart from any central government involvement.  In fact, the states alone can amend the Constitution, as indicated in the following Article V language:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

In other words, two thirds of the states can gather to recommend amendments to the Constitution, and by three fourths vote of all the states, those amendments become law, without the input or concurrence of any of the branches of the central government.

The framers put this “amending method” into the Constitution as an emergency escape clause, in the event the Congress became too tyrannical to control itself, that the several states could gather, and on their own, rein in the central government.  This is the “BREAK GLASS IN EMERGENCY” clause that must be put into operation today, otherwise the nation is lost, regardless of who gets elected in 2014, 2016, or whenever.

The amendments, paraphrased and summarized below, are recommended by Mark Levin.  You can read in detail each of the amendments and the historical reasoning of each in his book “The Liberty Amendments”.   As you read these you’ll understand that the focus of these amendments is to reduce the power of the members of the central government, to change the final decision point to an entity not located in Washington.  Instead, the final decisions on matters of national importance are returned to the states.

Therefore the states should pass the following amendments:

  • Term limits for members of the House and Senate.  No member can serve more than 12 years, whether in one branch or in combination of both branches.

     

  • Term limits for Justices of the Supreme Court.  In addition, by three fifths vote, either the Congress or the States can override a decision made by the Supreme Court.

     

  • Repealing the 17th Amendment, so that Senators are chosen by state legislatures instead of through popular vote, thereby returning to the states their input into national lawmaking functions.

     

  • By three fifths vote, the states can override the will of the Congress.

     

  • Congress must pass a budget, spending not more than 17.5% of previous year’s GDP, at the beginning of each fiscal year.  If a budget is not passed, the previous year’s spending, across the entire spectrum of federal spending, will be automatically reduced by 5% for each year in which a budget is not passed.

     

  • Congress cannot collect more than 15% of a persons’ income, from all sources.  In addition, the income tax filing date is moved to the day before federal elections are scheduled.

     

  • Congress can only create an environment to encourage and increase commerce, not regulate for the purpose of controlling commerce.

     

  • All central government agencies and departments expire every 3 years and can only continue to function if specifically reauthorized by a majority vote of the Congress.

     

  • Property owners will be compensated at the 100% fair market rate for all property seized by the government without exception.

     

  • The states can amend the Constitution whenever two thirds deem it necessary.

     

  • Photo ID’s, or other documents to validate citizenship, will be required in order to vote in federal elections.