It is one thing to overturn ObamaCare should we be fortunate enough to A) Have an election (yeah, you heard me), B) Get a GOP President, C) Get a CONSERVATIVE House that will hold Boehner accountable as Speaker to not cave as he did on the budget ceiling debate, and D) get at least 51 votes in the Senate.
But how do we rectify the insane “precedent” set out by Roberts that the judiciary has the right to reclassify – even create – a “tax” that was never written in the original law? Or that you can now be “taxed” for a behavior instead of an economic activity. A current or future liberal congress would tax you going to church or NOT going to a “diversity” class.
We continue to expose just how
disconnected the conservative elite are from the rest of us. Supposed “conservatives,” George Will and
Charles Krauthammer, try to explain how this makes political
sense - either for the future Court or for the GOP. Krauthammer goes as far to
call it “the great constitutional finesses of all time.” Sure, if by giving
government the right to tax behavior instead of economic transactions
“constitutional” I suppose it is ‘great.’ So would “finessing” the lack of ANY
documentation for a member of the Marxist New Party to stay unchallenged as
being Constitutionally eligible to be President would be. And don’t get me
started on the ability of a “conservative” judge to see the word “tax” where it
isn’t even written, debated or passed into law by the representatives of the
American people when they would have had a chance to stop it as such.
By the logic of King George and King Charles, we should
now all be liberals and do what is political expedient instead of what is
correct and constitutional. No wonder they hated Gingrich who wanted to
actually TRUST the mechanisms of moral law and trust God in their outcome.
Allen Raymond and Kathy Amidon shared a link that is a valuable understand of how the Founders foresaw these challenges and how THEY wanted us to address it. (And those who think we had ANY CANDIDATE more equipped for what has just happened – and what is in front of us – than the former Speaker are blinded by their own bias.)
First: The Judiciary is designed to be the LEAST powerful branch of government , and the Legislative was to be the strongest. Not until the 1958 Warren Court was their ANY thought that the Supreme Court had the “last say” in what was and was not Constitutional. Jefferson said (of a Judiciary being “Supreme” over the others), that it “would be an absurdity. That would be an oligarchy.”
In Abraham Lincoln’s 1st Inaugural speech, responding to the Dred Scott decision which declared slavery a Constitutional fact and there was nothing anyone could further do about it, he said, “To believe that 9 people could dictate to the entire nation, the meaning of the Constitution, would be the end of our liberties.”
Second: It is
ok for Presidents – on occasion - to ignore the court as Andrew Jackson did over
the attempt to institute a Second Bank of the United
States. Of course, this means that you have a
President that understands the Constitution, and that he or she
has a super-heated titanium spine necessary to do what is right, rather than
what is politically convenient. (It would be a Constitutionalists wet dream
for the GOP Convention in Tampa to rethink Romney and put someone who has
demonstrated a walking into fire track record like Gingrich or Palin. Second
best would be a VP slot allowing Romney to hide and let them battle it in public
opinion.)
Knowing that Roosevelt would not accept a Writ of Habeas
Corpus (the right to seek relief from unlawful imprisonment) from the
Supreme Court regarding German saboteurs, should give nightmares to us all given
the inclinations and actions thus far of this current President. The
Constitution reads:The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No problemo, for us law abiding,
Constitution loving, Tea Partiers, right? Don’t forget that alongside the
Neo-Nazi's and the Black Separatists, the Department of Homeland Security
defines “terrorists” as including:
defines “terrorists” as including:
…the “tax resistance movement” – also referred to in the report as the tax protest movement or the tax freedom movement – as “groups or individuals who vehemently believe taxes violate their constitutional rights. Among their beliefs are that wages are not income, that paying income taxes is voluntary, and that the 16th Amendment to the U.S. Constitution, which allowed Congress to levy taxes on income, was not properly ratified.”
Don’t tell me that our putative
President, current choice of the US Communist
party, and former member of the Marxist New Party
now tied to Cloward and Piven by that same socialist organization - hadn’t planned to ratchet up
taxes beyond comprehension. Or that he and his treasonous Trotskyist tribe
weren’t preparing for the inevitable conflict with a people whose DNA was
created over the same tax issues in 1776. The PP Affordable Care Act
proves it. As Limbaugh pointed out yesterday, it is designed for
people to pay a very cheap penalty for not going with ObamaCare, robbing the
insurance trust of funds needed to run it. It also makes it impossible for a
business to compete by paying for more expensive health care plans and dumping
employees on the ObamaTaxCare plan. Later, when most insurance companies are
out of business or struggling, the penalty dramatically increases as do the
stresses on the entire health care industry
pressure points. Essentially, you get Greece.
I guess those Grecian columns at his inauguration WERE
appropriate.
I am no longer timid about tin
foil accusations that Obama would suspend Habeas Corpus on arrested Tea Party
members, since he is already going back on a pledge to not abuse Executive
Orders, a pledge not to raise taxes on the Middle
class, and – according to the Attorney General’s of nine
states – he has also broken 21 laws and/or
Constitutional protections. And that isn’t even including not complying with
Congressional subpoena’s, forging committee findings on the Gulf Oil disaster or
bypassing Congress on appointments and regulations or law executively. Even
the ACLU is now suspecting
Obama is abusing his powers.
But a true Constitution-loving President has a
Constitutional right to simply protect it and defend it just as the 9 justices
do.Third: As Jefferson did in the Judicial Reform Act of 1802, Congress can write legislation that can not be appealed. It can be REPEALED with either 51 or 60 votes in the Senate. Even the assurance of a Constitutional Amendment isn’t set in stone as we learned in Prohibition. That’s a good thing considering how whimsical our populace has been when it comes to matters of responsibility and morality. But it does make it more difficult to undo both good and bad law.
We have to regain the view of the Founders that NO law, no interpretation of the law by either court or Congress changes what are “inalienable truths.” The Congress can attempt to define “all men are created equal” to mean “dolphins and monkey’s” but that congressional act wouldn’t make it so. This is why the John Adams said (emphasis mine):
"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."There IS empirical truth. Regulating American’s consumption of alcohol might have been thought unconstitutional – which is why they pushed for not just a law – but a Constitutional Amendment. The PEOPLE ROSE UP and decided that it was not “constitutional” and repealed it. The PEOPLE were the Constitution. Not the courts, not the President, and not the Congress.
Monroe, Hamilton, Adams, Jefferson and the like clearly understood that unless a majority of Americans were people of good faith – that is grounded in a common understanding of what “morality” is – no “system” would work since it would create conflict, chaos and confusion. And those elements ALWAYS invite corruption. If a “lie” is not universally held as wrong, then nothing can be counted on as “truth.” And you are back to the whims of King George or King Barack or King “whoever that sits on the court bench.”
This is why we fought the Revolutionary War. And it is why the precedent of the Great Awakening was so critical as our fore-countrymen were retrenched in the fear (holy worship) of God.
So it seems the legislative and Constitutional efforts, as well as the balance of powers, are more of a consensus or barometer of what we agree as a people to be true rather than a specific “writing” or rule that can never be interpreted another way. The Founders left it possible to challenge even the original intent of the Constitution with Amendments. But they were designed to be very difficult so that they couldn’t passed by a corrupt Congress that didn’t reflect the will of the people as ObamaCare did. And this is also why they discussed the need for the President to be born on US soil to two US Citizens. There is an “American” way of freedom that comes from understanding our history, our culture and our responsibility to run our own show.
The power was ALWAYS intended to be with “WE” the people. And this is Gingrich’s point that by challenging those interpretations and directly challenging the court’s definitions, you are re-emphasizing that the ultimate decision rests with the people, not just 9 unelected people.
It also means that, as Jefferson said (paraphrased), that a little revolution every now and then is good for our country. I expect the REASON he thought that, wais, not that conflict itself is good – but it forces those in power to not feel safe in controverting the will of the people and that it helps to re-educate ALL of us on what values we truly want to stand and fight for.
Fifth: The wonderful notion of simply “firing” the
9th Circuit court excites every Christian patriot that was incensed by their ruling that Buddha could be in the class room but Jesus
couldn’t. Gingrich admits he isn’t quite this extreme but WOULD shut down
the court of the San Antonio judge the said he would arrest anyone using the
words “benediction,” “invocation,” “prayer,” or “God,” and put the 9th Circuit
on notice.
ALL OF THESE POINTS ARE UNDERLINED WITH ONE SINGLE THEME:
We have to quit encouraging the notion that the Supreme Court has the
last word on anything.
The
Heritage Foundation has a great summation of what was good and bad in the SCOTUS
ObamaCare ruling and what to do next. Essentially we all know. Getting Romney
elected IS NOT ENOUGH.
EPILOGUE
I pray that if Mitt Romney wins the GOP nomination and is elected President he reverses his historical inclination to manage his politics by popularity, and has a reawakening of Constitutional values as Newt Gingrich put forth in his speech. I will take every chance to replace Mitt Romney with a Gingrich or Palin should the Lawyers for Ron Paul unlikely succeed in their efforts by Tampa time.
But even were Ronald Reagan’s resurrected spirit to become President, there is so much corruption at EVERY LEVEL of government that we need a CONSERVATIVE (not just Republican) House and Senate, and a leader who will fearlessly press these reforms with prudence.
We don’t just have to remove Barack Obama, but also the hordes of regulations, regulation makers, entrenched bureaucrats, entrenched bureaucratic processes and policies that will still be in place when our nominee is in office.
And only Gingrich has been open about this Herculean task in the primary, admitting that eight years might not be enough. Oddly, many conservatives let the conservative elites dissuade them from one of the only people in our history who was equipped to take this challenge on. Let’s not allow our movement to be saddled with a George Bush 41 repeat for Vice President, that will continue to leave power in the hands of the GOP, corporate and political powers that continue to play the people like peasants – rather than fearing the power the Constitution gave us.