Formerly the Thinking Catholic Strategic Center
Confirming Culture=Religion+Politics
Catholic American Solutions for "What can we the people do about it?" The problems all seem so complex and beyond our power to fix, but they are not. Each super-complex problem has a simple and easy solution.
Vic Biorseth, Thursday, April 25, 2024
https://www.CatholicAmericanThinker.com/
As complex as all of Christian America's problems seem to be today, the only real problem is that nobody reads the Constitution any more. That's it. It was written for us, and we don't read it. We let other people do that for us. We think it's too complicated. Worse, we believe it's too complicated, and that means we have to trust perhaps untrustworthy "other people" to read it and apply it for us, and we don't have the foggiest idea whether they are reading it correctly and applying it properly, because we the people just gave up on reading it a long time ago.
As Americans, we all need to read and know our own Constitution.
It is not to complex, or to legal; we are wrong about this. It is not beyond our capability to understand it. Anyone with an decent eighth grade education can, and should, read it and fully comprehend everything in it. Look back at our first President, and so many others among the framers and ratifiers of the Constitution, and even lawyers of the day who never went to any law school or any university.
The American Constitution is a legal document, written in English, that says very specific legal things. It is the supreme law of the American land. No other law, foreign or domestic, may ever be placed over it or affect it in any way. It is our national identity; it defines who and what we are, and how we live in relationship to each other and how we relate to the outside world.
The Constitution is self-interpreting.
We have been mesmerized into believing that all questions constitutional must be left up to the Supreme Court, and only the Supreme Court to settle. But the Constitution doesn't say that. The Supreme Court says it, and everyone just lets them get away with it.
The Constitution rules the Court, the Court doesn't rule the Constitution.
Similarly, the Constitution rules the Presidency, the Presidency doesn't rule the Constitution, and the Constitution rules the Congress, the Congress doesn't rule the Constitution.
Marbury v. Madison, 5 U.S. 137, in 1803, was a landmark decision of the U.S. Supreme
Court that established the American legal principle of judicial review. Since that precedent it has been assumed, and the assumption has been strengthened over time, that SCOTUS has sole interpretive authority over the Constitution; but the Constitution doesn't say that. Again, the Constitution rules the Court, the Court doesn't rule the Constitution. Constitutionally speaking,
All SCOTUS does, constitutionally, is adjudicate cases in federal law and act as the final court of appeal. That's it. The Constitution nowhere grants any special interpretive authority over itself to the Court that is superior in any way to the interpretive authority of the other two coequal branches.
Congress legislates federal law; the Presidency enforces federal law; the Supreme Court adjudicates federal law; all three coequal branches must equally know the Constitution in order to do their Constitutional duty. All three are Constitutional entities. The Constitution brought them into being and the Constitution gives them their complete operating instructions.
They all deal with federal law, bringing it into being, enforcing it and adjudicating it. The scope of their power is thus limited by the Constitutionally limited and enumerated powers of federal law listed in Article 1 Section 8 of the Constitution. If it is not in there, it is not and cannot be a valid federal law. If it is not in Article 1 Section 8, short of a ratified Constitutional Amendment to put it in Article 1 Section 8,
Very simple; nothing to it.
The Separation Of Powers Principle says that
And never the twain shall meet.
Look at all the time and effort that was wasted over the 50 year political argument to overturn Roe v Wade, when the law (illegally established Court precedent) was unconstitutional on its face,
It looks to me like Presidents, Congressmen, Senators and Supreme Court Justices don't read the Constitution either. Or that they are less capable of fully comprehending its literal meaning than we are.
And it is their ruler.
It would appear that a literal interpretation of the Constitution indicates that the President, as the top law enforcement officer in America who is solemnly sworn in his very oath of office to protect the literal meaning of the Constitution, should have the most authority to simply strike down unconstitutional laws, precedents, executive orders, regulations, and even to shut down and close unconstitutional regulating bureaucracies, so long as he stays within the literal English interpretation of the Constitution.
It would be a lot simpler for the President to do it than either the Congress or the Court, although they cannot be prohibited from doing it. What we are driving at here is simplification.
By Constitutional design, the federal government is supposed to be small and limited in scope, but it has made itself into a behemoth of unlimited scope and complexity. Our Constitution is crying out for simplification of federal government.
How did this "mandate" come to be, when it was never legislated into being, nor is any source of electric power or any type of vehicle mentioned in Article 1 Section 8 of the Constitution?
By unconstitutional regulations, issued by unconstitutionally existing regulating bureaucracies. The most vitally important element of the Washington Swamp, after the unconstitutionally existing Political Parties themselves.
Trump 47, once in office, should not waste time and effort trying to "fix" unconstitutional regulations from such unconstitutional bureaucracies as the EPA. He should simply declare their regulations to be unconstitutional, null and no regulation, and go the next step, declaring the bureaucracy itself to be unconstitutional, shut it down, fire everyone in it and stop funding it and anything to do with it, including employee benefits of any kind. Thereby nullifying every regulation it ever illegally issued.
Very simple, nothing to it.
The EPA is but one of many such unconstitutionally existing regulating bureaucracies. The Constitution nowhere grants the Congress the authority to "delegate" any of it's exclusive legislative authority to any bureau or agency that exists or may be brought into existence for that purpose. All new federal law must be representative law, i.e., legislated by Congress, not dictated by any unelected, unrepresentative and unaccountable-to-the-people agencies or bureaus. Or by unconstitutional executive orders. Or by unconstitutional adjudications.
Listed among the limited and enumerated powers of federal law in Article 1 Section 8 we find this:
...
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
...
"To provide for" means to fund. See the Militia Pages.
Bottom line, the Constitution was written for us. We are supposed to read it, understand it and live by it. It could even be argued that we are supposed to implement it. The worst part of the Swamp may be our now thoroughly corrupted government education system, which needs to be divorced entirely from the federal government and made to stand on its own, competitively.
Our corrupted "eduction" is why we don't believe we are capable of reading and understanding our own Constitution.
My reading of history convinces me that most bad government results from too much government. –Thomas Jefferson
"Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." –Thomas Jefferson
“When people fear the government there is tyranny; when government fears the people there is liberty.” –Thomas Jefferson.
"A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." --George Washington.
“It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. –Daniel Webster.
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” –Thomas Jefferson.
“A well-instructed people alone can be permanently a free people.” –James Madison.
“A primary object … should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing … than communicating it to those who are to be the future guardians of the liberties of the country?” –George Washington.
“I know of no safe depositor of the ultimate powers of [a] society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. The is the true corrective of abuses of constitutional power.” –Thomas Jefferson.
“Say … whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is in their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty.” –Thomas Jefferson.
“The good sense of the people will always be found to be the best army. They may be led astray for a moment, but will soon correct themselves.” –Thomas Jefferson.
The only thing Truth has going for Him in this world is us.
The restoration of Truth = Reality in the hearts and minds of men is now totally dependent upon you and me; if we don't do it, it won't get done.
Pray for a strategic alliance between President Trump and excommunicated Archbishop Carlo Maria Vigano against the common conspiratorial criminality in the American and Catholic political parties.
=====
EENS: Extra Ecclesiam Nulla Salus
(Outside the Church there is no salvation)
With fear and trembling, work out your salvation--Phil 2:12
Seek the Truth; Find the Way; Live the Life.
Please God, and Live Forever.
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Truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.—Winston Churchill
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.—Ayn Rand
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