“It will be of little avail to the people that laws are made by men of their own choice if the laws be so voluminous that they cannot be read, so incoherent that they cannot be understood: if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.”
– Alexander Hamilton from The Notes by Ronald Reagan
Our Constitution is 227 years old today. It is under assault like it has never been before. We have a president who thinks that the document is nothing more than a collection of suggestions. We have a congress that considers its tenets when it suits their particular agenda and ignores them when it doesn’t. We have a prosecutorial philosophy that is willing to put its agenda above its sworn duty to uphold the law. We have a judiciary that seems to have the idea that it means whatever they choose for it to mean based on each individual judge’s personal feelings.
To provide examples of these claims, we have a president that disobeys the law at every turn on illegal immigration, he ignores the law on the implementation of ObamaCare, he covers up scandal after scandal, including Fast and Furious, IRS, Benghazi, among many other examples of his violations too numerous to list.
We have a Congress who, contrary to Article 1, Section 1 of the Constitution, delegates to the executive branch its responsibilities. It’s called administrative law. No such power resides in the Constitution. The section reads, “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” (emphasis mine.) For example, and in a particularly egregious fashion, the ObamaCare law has this phrase punctuated throughout the document, “the administrator shall decide.” We have an EPA department spewing law, we have an HHS department spewing law, we have Homeland Security spewing law, and, again, many many more executive departments issuing law that they have no authority to do. The law-making process was intended to be a public process where the issues were debated and laws enacted in full public view. Have you ever heard the phrase, “Ignorance of the law is no excuse”? With literally millions of laws, how can anyone know what they are? My how far we have come in the wrong direction.
What about prosecutorial philosophy? The prosecutor is the most powerful agent in the legal system. A prosecutor can decide whether to bring charges or not, can decide how serious those charges are, can decide based on whatever criteria they choose. What about our Attorneys General? Here in California, we have the perfect example of this discretion – when Kamala Harris refused to represent the people of the State in defending Proposition 8. Whether or not you agree with Proposition 8, Harris had a responsibility to plead on behalf of the people’s decision. She refused. What about the US Attorney General? He chose to ignore the New Black Panther indictment when he took office, a case that was practically already won. He colludes with miscreants in the IRS to hide the illegal targeting of conservative groups. More recently, he chose to investigate a white on black shooting in Ferguson but continues to ignore black on white and black on black crime. In fact, there were 31 people shot and 7 killed in Chicago the same weekend that the Ferguson shooting took place. Where is Eric Holder on these incidents? We are all Americans. We all want justice. Skin color is not a deciding factor, justice is, and justice is sorely lacking in our legal system today. It is even worse when you consider the massive administrative law mentioned above.
Finally, about the judiciary. Former Supreme Court Justice Thurgood Marshall once said, infamously, “You do what you think is right and let the law catch up.” This philosophy has permeated the judiciary. This statement is in complete opposition to the Constitution, as written. It embraces the erroneous idea of a “living” Constitution. It also makes every judge in the system a decider, based on his or her personal agenda, of what the Constitution means. The most egregious example is ObamaCare. The whole thing is unconstitutional, based on Article 1 Section 8 of the Constitution. Nowhere does it say that the federal government can do this (or a huge number of other things it does.) Yet judges think that it is no big deal. And clearly, according to Justice Marshall, if you are a lawyer with a black robe, you can rule any way you want, particularly if you reside on the Supreme Court.
Tea Partiers, we cannot be complacent. This is not a time to stay home. Pick up something you can do beyond your normal daily routine. Volunteer to walk precincts for a day, or make phone calls, or host a meet-and-greet for a conservative candidate. The only way we can change things is to get the right people elected. Please do something, even if it is small. If nothing else, read Article 1 Section 8 and see for yourself what the federal government is supposed to be doing. And re-read the Bill of Rights. They are all on the Internet. Please, we need your help. The sanctity of our Constitution depends on you.