The rightful masters of both Congress and the Courts

  OUR SELF-IMPOSED SUI GENERIS CONUNDRUM

 

 

By Richard A. Nixon

Abraham Lincoln once said :”We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution but to overthrow the men who would pervert the Constitution.”

 Our present form of government began with the ratification of the U.S. Constitution in 1789. This document created three independent branches within a series of seven articles. Article I states, “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.” Article I, section 8 lists 17 express powers and one implied power ( the so-called Necessary and Proper clause). Within this list of enumerated powers is the power to conduct commerce with foreign states, to coin money, to establish a post office and to establish a uniform rule of naturalization.

Several years later, 1791, by previous agreement, a series of 10 Amendments, aka the Bill of Rights, were ratified.  The 10th Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.” This was effected to clarify that the powers of Congress, as stated in Article I, Section 8 was expressly limited; all other power to remain within the individual states and the people.

All members of Congress, the executive branch and the judiciary, take an oath to uphold the U.S. Constitution. It states :”The Senators and Representatives …, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution,”Article VI.

This would of course include Article I, section 8 and its enumerated powers. Congress, on thousands of occasions, has violated the 10th Amendment by enacting laws well beyond the confines of Article I and by so doing have taken this power from the states and the people and granted it to itself.

The 1st Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Again, Congress, with its willing accomplice the Supreme Court, has enacted countless laws in violation of both the 1st Amendment and the 10th Amendment. The Supreme Court, by legerdemain, finds “rights” in the Constitution that do not exist and ignores many rights that in fact do exist. These egregious acts go unaddressed and unpunished.

The 2nd Amendment suffers from a similar fate. It states, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” It speaks in absolute terms, therefore any law enacted by Congress limiting this right is necessarily in violation of the 2nd Amendment and the 10th Amendment as well. Yet, this conduct is permitted to exist and infest the law schools throughout this country. And many, if not most of our law school professors find this condition perfectly acceptable. They should be ashamed, but instead turn a blind eye to this intellectual dishonesty.

Comes now the 14th Amendment, which has emerged from its inception in 1868, tattered and torn with very little of its original intent remaining. The 14thA defines citizenship, liberty, due process and equal protection. Discussing these seriatim, yields the following:

The citizenship clause states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Hence, being born in this country meets only one of the two requirements to gain citizenship by being so born. In order to be “subject to the jurisdiction thereof,” one must be born of parents who do not owe allegiance to any other country or entity. However, this latter requirement has been ignored such that simply being born here is sufficient to confer citizenship upon the newborn. The parents now have an anchor in their request to become citizens themselves. Hence, the term”anchor baby.”

Liberty is included in the Due Process clause of the 14th Amendment. This clause states, “No…State [shall] deprive any person of life, liberty or property without due process of law”…Liberty, as originally intended, meant freedom from confinement. The Supreme Court has ignored this obvious fact and simply redefined liberty to justify finding the right to privacy, right to an abortion and the right to same-sex marriage secretly hiding within the word “liberty” in the Constitution.

The Supreme Court has also redefined the term “due process,” which meant that all persons are entitled to notice and the right to be heard before one’s life, liberty or property could be taken. This factually correct definition held fast until the 1930’s-1940’s when the Supreme Court, without legitimate authority, decided that it would be desirable to begin applying the Bill of Rights to the states. Be reminded that the Bill of Rights, when ratified in 1791, were intended to apply to the newly formed federal government only, not the states. The states, after all, were imposing these limitations and would most certainly not have imposed them upon themselves…

The 14th Amendment also contains the Equal Protection clause. This was intended, originally, to elevate the former slave to the status of the non-slave or free person. Period. It too has been stretched beyond its elastic limit to include anything the subjective opinion of the Supreme Court deems appropriate. This is another basis upon which the Supreme court found the right to same-sex marriage within the four corners of the Constitution.

However, the Founding Fathers, in their wisdom, provided a remedy for such transgressions. As for the 14th Amendment defilings, the 14th Amendment itself provides the remedy. The 14th Amendment, Section 5, states, “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

Hence, Congress can simply redefine citizenship, liberty, due process and equal protection as originally intended and reinstate the 10th Amendment to its rightful place as the bulwark against an encroaching federal government.

As for the other aberrations committed by the Supreme Court, the remedy is Article III, Section 2.2 which states, ” …the Supreme Court shall have appellate jurisdiction, both as to law and to fact, with such exceptions and under such regulations as the Congress shall make.” This can be utilized, as it was in Ex Parte McCardle (1868), to limit the cases the Supreme Court and any other federal court may hear. Again, Congress as representatives of the people, would act as the Constitution intended, without the Supreme Court’s having the last word.

In 1803, in the Marbury v. Madison case, the Supreme court assumed power the Constitution did not grant it, i.e., the power to void acts of Congress. This has produced inconsistent, chaotic decisions precisely because it was never intended that the Supreme Court have such ultimate power. The people, through their congressional representatives were intended to determine the laws and rules under which we should live, not now-nine unelected politicians claiming to be apolitical.

After 215 years, its time to heed the words of Lincoln. We must try another way. The way, Washington, Madison, Adams, Jefferson, Hamilton and others intended  We must repeal Marbury and its progeny, end this oligarchy and its aberrant behavior and restore this land to a Republic as originally intended…


Richard A. Nixon, Esq. and Author of America-An Illusion of Freedom (Amazon.com)  Find Mr. Nixon on Facebook.


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