Sunday, November 14, 2010

Part 2

The Constitution of the United States

As Seen By an Average American.

Part 2

Note: The following text in bold is a transcription of the Constitution in its original form.

This part will focus on the Executive and Judicial Branches of the Federal Government.

Article. II. The Executive Branch

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

This just specifies the number of electors for each State in what is called the Electoral College. This also states that no member of Congress or any other person holding public office for the Federal Government can be appointed as an elector for their State.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

This specifies how the President and the Vice-President will be elected. They are to be elected by the Electors of each State, not by popular vote of the People. The State electors will vote for two persons, at least one must be from another State and submit all the names of those voted on and the number of votes for each to the Congress. The President of the Senate will open and count all the votes in the presence of both houses of Congress. The person with the majority of votes will be the President, the person having the next highest number, as long as it is a majority shall be Vice-President. If there is a tie then the House of Representatives will vote on them to determine who will be President. The list from the States could be anywhere from 2 to 10 or more names. No where does it say that the People will elect the President. It also says the Vice-President will be elected in the same manner, not chosen by the person running for President as there running mate. In other words we could, if this method was actually followed, end up with a President and Vice-President of different parties.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

If you will remember, to be elected to Congress you did not have to be a natural born citizen, you just had to be a citizen, natural born or naturalized. To be President you must be a natural born citizen, the clause allowing for just a citizen at the time of the adoption of the Constitution is well past, unless you are around 200 years old. It also states that you must have been in the States for 14 years, in other words you can not be legally living abroad and run for the office of President. I have read that this is all because the Framers believed only a natural born American would have a vested interest in the continued success of the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

All this is saying is that the Vice-President falls under the same requirements as the President for eligibility and that the Vice-President will become President in any case where the President can no longer perform the duties of the office.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

This says the President will get paid while in office, nothing about being paid a retirement, or retainer, or what ever you want to call it after leaving office. It also states that they will receive no pay from any other Government entity, Federal or otherwise.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

The oath of the Presidency is specific, what is interesting is that it says nothing about preserving, protecting or defending the United States, only the Constitution of the United States.

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The President will be the ultimate leader of our Armed Forces. This section also alludes to there being executive departments; it does not say what these departments will be. It also gives the President the ability to grant pardons except in the case of impeachments, in other words the President may pardon prisoners.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President and only the President has the authority to deal with foreign Governments. The President may also, with the advice and consent of Congress appoint Ambassadors, Judges, and other public ministers and officers whose appointments are not established in the Constitution. It also gives the power of vetting these appointments to Congress.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

This part allows the President to make appointments to positions normally requiring vetting by Congress while Congress is in recess without having to wait for the vetting process. These appointments are to expire at the end of the next Congressional session, meaning they would have to go through the vetting process to continue in their position.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

This section shows how Congress was not always in session, they were only called into session when the President deemed it necessary.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

This section is self explanatory. If you look into history and into what the meanings of high crimes and misdemeanors were in the British Parliament, which is where our language of the time was based, violation of the oath of office would be reason for impeachment. Care to count how many Presidents were guilty of that?

At the Constitutional Convention George Washington was the one that for the most part coined the term President. The framers were trying to be free from Monarchy and Tyranny so King, Lord and other such titles of nobility were not fitting for the position as the head of the United States. President comes from a Latin word that basically means to preside over. Our President was to be an elected official for the People and he would preside in their behalf.

Article III. The Judicial Branch

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

The only requirement for Judges of the Supreme Court shall be good behavior. There will be one Supreme Court but inferior courts may be established as Congress sees fit.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

This section simply states that the Supreme Court has the power to rule in cases that are outside the States jurisdiction. This also means that the Supreme Court should not be ruling or even hearing cases that are within a single State, even cases where a citizen of a State is filing suit against that State. That is a State matter and should be handled by the States Courts only.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Old English is an interesting language to read, but you also have to understand how things worked in those days to understand this section. In those days if your Father was convicted of treason you were guilty simply by sharing his blood. Our Constitution prevents that sort of out dated thinking.

The Supreme Court was given no power to legislate, nor was it given the power to interpret the Constitution as it sees fit. Judges, of any court, are supposed to be impartial except to the law. In the case of the Supreme Court they are the ones that we should be able to go to when there is a question about Constitutionality. Unfortunately over the years there are documented cases where the Constitution was interpreted in different ways depending on the political leanings of the Judges that were sitting on the bench. We have gone from rulings based on the Constitution to rulings based on case law, which is an opinion based on a person and their moral, social and political views. Even our law schools are now teaching Case Law as Constitutional Law, which is not the case.

Saturday, November 6, 2010

Part 1

The Constitution of the United States
As Seen By an Average American.
Part 1

Note: The following text in bold is a transcription of the Constitution in its original form.

When the Constitution of the United States was written it was by the hands of men from many walks of life. There were Army Generals, lawyers, shop keepers and farmers all in the same room working toward the same end. Although each had their own ideas of what the construct of this new country should be, they all knew it would be decided in that room by that diverse group of men. In the end they ended up with a document that was written for the People by the People. It was a document that was intended to be understood by all the citizens of the newly formed United States from people of all levels socially and economically. Today this document is being interpreted in so many various ways to fit whatever political agenda is popular at the time, not to benefit the people or even the country, but to benefit the person or party doing the interpretation. Many are saying you have to go back to the source documents to really understand the Constitution, which is not how the Framers intended the Constitution to be read. I do believe you have to go back to the source documents to support your arguments when it comes to defending the Constitution and proving the violations that are being done in its name. The following is my understanding of the Constitution and the Bill of Rights, the first ten Amendments, using only the words in the document itself. I am splitting this up to keep the size down. In the first part will contain the Preamble and Article I which pertains to Congress, probably the most important group in the Government as far as protecting the interest of the People.

Preamble to the Constitution


We the People of the United States,


If you will notice this says, “We the People”, not I the politician, or I the elite, or even I the poor, it’s “We the People”. That line alone should tell you that the Framers of the Constitution intended on this document to be for the people of the United States as a whole, not anyone individual or group above the others.


…in Order to form a more perfect Union,


Following the Declaration of Independence the Articles of Confederation were written to bring the Colonies together in order to fight the British in the Revolutionary War. The Articles of Confederation were hardly more then an agreement for the States to help each other in this endeavor, they were as close to declaring anarchy as one could get without coming right out and saying it. Following the Revolutionary War the leaders of the Colonies realized that the Articles of Confederation would do nothing more then postpone the failure of the Country that they had just fought for, therefore they call together the Constitutional Convention under the pretense of amending the Articles, and instead they completely rewrote the contract that would form the United States of America. The wording “a more perfect union” is important to note, these men were not so arrogant to believe they were forming the perfect union, they knew they would make mistakes and that the people that followed them would make mistakes. Later in the Constitution they gave the means to correct mistakes and to update the Constitution, if we would only follow it.


…establish Justice, insure domestic Tranquility,


These two items work hand in hand; they are the statements that separate the Republic that was formed from an Anarchical society. In order to have “domestic tranquility” there must be justice, fair and equal justice. This is the statement that tells us the Framers intended on us being a nation of laws.


…provide for the common defense, promote the general Welfare,


Once again two items that work hand in hand; also two items that have been miss-interpreted. They are also two items that have been misused throughout the history of the United States. The common defense refers to the common defense of all the States in the Union, not one State over another, and not by engaging in police actions that have nothing to do with the welfare of our Nation. The general welfare refers to the general welfare of the Nation as a whole, not the people as individuals. This should be applied to ensuring equal and fair trade between the States and with other Nations as necessary; it also again applies back to the common defense. You are not promoting the general welfare of the Nation when our borders are open to the illegal immigration of thousands of people, it wears on the resources we have in this country. You are also not providing for the common defense with open borders that allow the free flow of illegal drugs, guns, gangs and human smuggling.


…and secure the Blessings of Liberty to ourselves and our Posterity,


These are the statements that actually can be applied to the people of the United States. The Framers believed that in order for the Republic to survive and prosper liberty, individual liberty, was a must. Without liberty we were just another country with a monarchy, the same type of rule we had just fought and bled to be free of.


…do ordain and establish this Constitution for the United States of America.


If you will notice there is nothing here that says they make this the rule of the land, they established it, and the States had to later ratify it making it the law of the land.

The Preamble of the Constitution is an opening argument, it’s not a statement of law nor is it to be interpreted as enumerated powers to the Federal Government. It is simply a summary of what the Framers were trying to do with the following Articles of the Constitution. Too many times in our history politicians, judges and special interest groups have taken the words of the Preamble and turned them into policy, laws and talking points for the special interests. If this were meant to be law then you could also argue that a lawyer in a court of law could win his or her case based on the opening argument alone without ever having to present facts to back up the opening, that is not the case in a court and it’s not the case when it comes to the Constitution.


Article I
: The Legislative Branch


The Legislative Branch was intended to be the branch of the Federal Government that represented the People of the United States and the Individual States themselves, the branch that would ensure equality between the States and to prevent the President from becoming a dictator or a Monarch. Because of the Legislative Branch we have a Republic with indirect democracy, in other words, it’s the Peoples wishes as exercised through elected representatives.


Section. 1.


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.


Section 1 is pretty self explanatory, the Framers felt that in order to properly legislate there should be two houses in Congress to serve as a check and balance on each other. The genius in this is in how they set up each house and why they set them up the way the did.



Section. 2.


The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.


No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.


Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.


When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.


The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.


Section 2 simply states the requirements for the House of Representatives. The name alone should be a clue as to their role in the Government; they are the Representatives of the People, not of the individual States or the Federal Government as a whole, but of the People. It states that the Representatives shall be chosen every 2 years, this was a measure to allow the people to remove Representatives that were not acting in the best interest of the People in a timely manner. The number of Representatives was tied directly to the population of the several States. As other things in history changed this section was changed by Amendments to remove the three fifths person reference and to align this section more to the sentiment that all men and women in the United States were equal, as it should be. It should also be noted that the House of Representatives have the sole power of Impeachment, they are the ones that can call for the Impeachment of President, they are the Peoples voice, no one else has that power.


Section. 3.


The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.


Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.


No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.


The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.


The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.


The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.


Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.


Section 3 defines the requirements for the Senate. The members of the Senate shall be chosen by the Legislators of the individual States, not the people of the States. There shall be two per State to ensure that each State has equal representation with the Federal Government. Each Senator will sit for 6 years, although if chosen by the State Legislators the States can write their Constitutions such that they can recall a Senator if that Senator is not acting on the wishes of the State Government. As I stated before the Framers split Congress into two houses to provide for checks and balances, it should be obvious that they put two separate checks and balances in right at the beginning. First one being that the House is chosen by the people according to population to fairly represent the People of the country. The Senate is chosen by the State Governments, 2 per State, to equally represent the States interests which may not always be aligned with the People’s wishes. The second check is that while the House of Representatives has the power of impeachment the Senate has the sole power to try Impeachments. The People may call for the impeachment but the State Governments try the impeached. While both of these checks could look like a way to simply has a continually stagnant Federal Government it was the Framers way of ensuring that the keys to this Union, the People and the individual States would both be represented in a fair and equal manner. This train of thought is evident in the following articles which further define the duties and powers of the Legislative Branch of the Federal Government. The Framers knew that with out the individual States there would be no Union, no United States and without the People there would be no individual States.


Section. 4.


The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.


The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.


Section 4 puts the power of election laws for Congress in the hands of the individual State Governments with the caveat that the Congress can enact changes as necessary by law. Although there is the exception that the place of choosing of Senators shall not be changed, that place being in the States Legislations. This has been done, albeit by a Constitutional Amendment, but it has been done and has had consequences.


Section. 5.


Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.


Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.


Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.


Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.


Section 5 is simply a statement allowing each house to set its own in-house rules of conduct while in session.


Section. 6.


The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.


No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.


Section 6 is nothing more then a statement allowing members of Congress to be compensated for their services and to be free from prosecution from misdemeanors while in session. It should be noted that when the Constitution was written Congress was not in constant session, they were called to meet only once a year or more if deemed necessary.


Section. 7.


All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.


Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.


Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.


Section 7 spells out the process for which bills may be proposed and passed in order to become law. It also contains more of the checks that the Framers felt were necessary to prevent the abuse of either the People or the individual States. All bills for raising revenue shall originate in the House of Representatives, in other words if you want to tax the People then the Representatives of the People shall be the ones to write the bills. Since the People can be selfish and try to push personal agendas and mandates that may not be in the best interest of the individual States every bill must pass both houses before it can get to the Presidents desk. In order for the best interest of the country as a whole (the general welfare) to be best served the President has 10 days (Sundays excluded) to consider each bill before either signing it into law or passing it back to Congress with his objections in writing to be reconsidered. There is also a clause preventing the slow death of laws that the President does not like just by ignoring them, if he does nothing with the bill in 10 days it will automatically become law, just as if he signed it. This section also states that all bills must be passed by two thirds of each house, not by 51%, but by two thirds, no exceptions. For bills that do not involve revenue either house may initiate the bill, this allows laws or Amendments to be written to the benefit of the People or to the States as each sees necessary. They still have to pass both houses and the President before they can become law, in this manner the country as a whole is best served.


Section. 8

In order to give the proper attention to Section 8 I will put comments after each of the powers enumerated to Congress. There are only 18 powers enumerated to Congress, several of these have been misused and abused while at the same time Congress has taken more powers then they have the right to without protest from the American People or the individual States.


(1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;


While Congress was given the power to lay and collect taxes and other forms of revenue, remember the bills must be written in the House of Representatives and approved by both houses by a two thirds vote in each, these revenues were meant solely for the payment of debts already incurred, providing for the common defense and for the General Welfare of the United States. This does not mean that they are to be used to create more debt, or to line the pockets of the leaders of special interest groups, or for building bike paths or hiking trails. It also does not mean that the money is to be used for welfare, now commonly called entitlement programs; they are for the general welfare of the United States as a whole.


(2) To borrow Money on the credit of the United States;


This is self explanatory, only if you start checking Congress has borrowed so much that the credit of the United States in slipping.


(3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


To regulate commerce, means to keep commerce regular and fair. It makes sense to have the Federal Government regulate the commerce with other Nations instead of having 50 different (at the time 13) independent Governments trying to negotiate deals. It also makes sense that in order to insure domestic tranquility within the Colonies that the Federal Government should have to power to regulate


(4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;


Congress has the power to determine how a person becomes naturalized, what it takes to become a citizen of the United States. Naturalization is not the same as immigration, immigration is the process of coming into a country, and naturalization is the process of becoming a citizen. Congress also has the power to determine bankruptcy procedures throughout the United States. These laws were to be uniform throughout the country, yet I’m sure if you looked into the laws of various States you will find that there are differences.


(5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;


Congress were the ones that were to coin the money for the United States, they were not to regulate this out to a private entity that would be more concerned with making a profit and keeping the share holders happy then they are of ensuring the “general welfare” of the Nation.


(6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;


In keeping with the power of regulating coin Congress also had the power to punish those that tried to copy our coin.


(7) To establish Post Offices and post Roads;


Once again this is self explanatory. The Framers knew that being able to send and deliver post would be important to keeping the Nation together, not only for the People, but also for trade and National defense. This is also the only agency that is mentioned by name that the Government was given the power to establish.


(8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;


While Congress was given the power to promote science and useful arts the Framers put time limits on this power to keep it from becoming a lifetime entitlement.


(9) To constitute Tribunals inferior to the supreme Court;


Congress was given the power of inferior Federal courts. This power is better defined in Article III.


(10) To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;


This is self explanatory. During the days of the Framers the seas were the route for trade and travel. It was important to protect those trade routes.


(11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;


Congress has the power to declare war, no one else. In the United States there has not been a declaration of war since World War II yet billions of dollars have been spent on military actions overseas.


(12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;


Standing Armies were used against the original Colonists so they felt they were a detriment to the liberty of the citizens and the Union of the States, therefore there were limits placed on how long Armies could be funded. Congress, more specifically the House of Representatives (in other words the representatives of the People) had to vote on the budget, the appropriations, every 2 years.


(13) To provide and maintain a Navy;


The importance of keeping trade routes safe were enough for the Framers to specifically authorize a Navy without including the requirement that Congress must authorize its budget every 2 years. The Navy was not seen as a potential threat to the citizens of the United States but as a defense of the all important trade routes.


(14) To make Rules for the Government and Regulation of the land and naval Forces;


Congress was to make rules for the Government and for the fighting forces that were authorized by the Constitution.


(15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;


There was no standing Army active at the time the Framers wrote the Constitution, therefore they had to have the authorization to call forth the militia, a militia made up of men from the independent States.


(16) 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;


Once the militia was called forth Congress had to have the authority to obtain the funds to arm them and train them. They also had to have the authority to appoint officers that could maintain discipline and lead the militia.


(17) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And


This gave Congress the authority to be the local Government for Washington DC. This is also the power that grants the Federal Government authority over needful buildings and lands to be controlled by the Federal Government. Needful buildings would include military bases, post offices and Federal Courts, this does not grant the Federal Government the right to seize lands for monuments and National Parks.


(18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Once the powers of Congress were spelled out, enumerated, Congress had to have the authority to write laws as necessary to carry out their enumerated powers.

The above 18 items are the sole powers authorized to Congress. These are the powers that the individual States debated on and later ratified making it the law of the land, or if you prefer, the contract between the Federal Government to the individual States and the People.

Section. 9.


(1) The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.


(2) 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.


(3) No Bill of Attainder or ex post facto Law shall be passed.

(4) No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

(5) No Tax or Duty shall be laid on Articles exported from any State.


(6) No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.


(7) No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.


(8) No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.


In order to properly control anything you have to have restrictions. The Constitution gave 18 powers to Congress and then set down 8 restrictions as well. To sum up the restrictions are fairly easy, immigration is needed but we want to control it in the future; the Government cannot arrest or detain someone with out cause; no laws shall be written and post dated so it looks like it’s always been there; we will not place taxes and tariffs on exports from one State to another; all States will be treated equally; no unauthorized money may be taken from the Treasury; and the United States will not grant noble titles that leads. I purposely left (4) for last, No capitation or other direct tax shall be laid unless in proportion to the census. Taxation in this country has been in violation of this provision for decades, direct proportion to the census means that everyone pays an equal share, in reality that should be that each State pays to finance the Federal Government based on it’s population, then each State can determine how to tax its citizens. Either way, direct proportion to the census does not say on a sliding scale based on income or lack thereof.


Section. 10.


No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.


No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.


No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.


If there are going to restrictions placed on the Federal Government then there should be restrictions placed on the individual States to prevent undermining the Federal Government. Section 10 does just that, the Federal Government will deal with foreign Governments and take care of all the things that go with that. States can not coin their own money. States will defer to the Federal Government for all aspects of defense unless it is an emergency. All restrictions that were placed on the States were necessary for the Union to remain a Union.


It’s important to note that there is no restriction placed on the States to prevent them from seceding from the Union if the States deem it necessary, this was incorrectly stated during the Civil War. The States were considered to be independent Governments, free to govern as they felt necessary for their own posterity.


Our Politicians will tell you anything they want as far as what the Constitution says, they will twist words just to pass the laws they are pushing for. This country was formed based on the premise that the United States is a collection of smaller individual countries that will write laws as they see fit, the Constitution only takes into account those things that would affect the Union as a whole. In recent history we lost 2 Congressmen that were touted as being outstanding politicians, they brought untold amounts of money into their respective States. The money they brought in was more then there individual States had contributed to the Union; meaning that all the other States were paying for projects that would be of no benefit to the rest of the Nation. That is not the way this country was intended to be run.



11/6/2010

Saturday, September 4, 2010

The Constitution Door Mat

I once thought that the Constitution was in a sealed case locked safely away in a vault in Washington DC. I have now come to realize that The Constitution, the Declaration of Independence and the Bill of Rights have been woven into door mats that are now sitting at the entrances to the White House and Capitol Hill. OK, so maybe they aren’t, but they might as well be with the way our politicians are treating the Constitution and the limits it places on their powers. You see, a door mat can be both a very useful item when you have mud on your feet and you don’t want people to know that you are dirty, otherwise it is just something that you just have to keep moving around on the porch to get to other things. That’s how our politicians are treating the Constitution and the Bill of Rights; it’s also how they feel about the Declaration of Independence. I’m really not surprised at this considering all the double talk that politicians are guilty of, one day they are for something if they are standing in front of the right crowd or they are on the campaign trail, the next day they are against it if being against it will gain them more power. Unfortunately this problem is not restricted to just the politicians within the Federal Government; this problem is present in the many special interest groups throughout the country.

The American people are the true custodians of the Constitution, this means that we have to stay vigilant and question all attacks on the Constitution, even from organizations we may be a part of or we believe in. I am a member of the National Rifle Association because I believe in the right of every American to own a gun. More then that though; I believe in the Constitution and the Bill of Rights. In this case 2 Amendments come to mind. Obviously the first one is the Second Amendment, the right to bear arms. This Amendment was put into the Bill of Rights for the express purpose to prevent a Government from ever doing what the British Government did to the original 13 colonies. This is the Amendment that the NRA fights for with such fervor that they forget about any of the other Amendments, in this case and in most others, the Tenth Amendment; 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. What the NRA has forgotten in their fight is that the Bill of Rights is a restriction on the powers of the Federal Government, not a restriction on the separate State Governments. Recently the NRA placed it’s support behind a case against the City of Chicago and the State of Illinois. The case had gone through the State courts, finally winding up in the Supreme Court; the Supreme Court ruled that the Illinois law was unconstitutional. In truth the law had nothing to do with the Constitution.

In the Arizona Immigration Law the United States is suing the State of Arizona, saying that SB1070 is unconstitutional and that the State of Arizona has no right to enforce Federal Law. On this one I have a couple of problems, one is that the Arizona Law is more restrictive then the Federal Law. Law Enforcement Officers in Arizona can only question the immigration status of an individual if they are stopped for another reason and there is reasonable suspicion to question the immigration status. SB1070 covers all ethnic groups, so there is no racial or ethnic profiling. The Federal Law allows Law Enforcement to racially profile and stop individuals for no other reason then to check immigration status. A very well respected individual that has written several books about the Constitution has argued that the Arizona law is illegal since the State cannot protect the Federal border; he has also stated that being in the country illegally is not a crime. In this case the Federal border is also the States border. Not only is the Federal Government infringing on the States Rights per the Tenth Amendment but the Federal Government is also violating Article IV Section 4 of the Constitution, which states that the Federal Government will not only guarantee a Republican form of Government to all States, they also shall protect the States from invasion. What is going on at the Mexican border is an invasion. The problem on the border has gotten so bad that the State of Arizona had to take action to protect its people and its land since the Federal Government was not honoring Article IV Section 4. If you read the powers enumerated to Congress you will notice that the Constitution states that Congress shall make laws for uniform naturalization, not immigration. The State of Arizona is only exercising their Tenth Amendment rights. I also do not understand how violation of a law can not be a crime.

Recently the State of California placed a proposition on the ballot to amend their Constitution, Proposition 8. Proposition 8 outlawed same sex marriage in California. The law passed with an overwhelming majority. California amended their Constitution in the correct manner; however, a Federal District Judge put a hold on the Proposition and allowed same sex marriages to continue stating that the proposition was unconstitutional. The proposition had nothing to do with the US Constitution, it applied only to the California Constitution. The Federal Courts have no right ruling either way on proposition 8, the people of California made their decision.

The problem with all of these issues is that the Constitution is not something that can be interpreted any way you want depending on the situation. Even in cases where you may personally believe in something it is not right to mold the Constitution to win your cause, such as my belief in the right to own and bear arms does not mean that the Second Amendment can be applied to the States. When you allow the Federal Government to apply the Bill of Rights to the States we are allowing the Bill of Rights to be nationalized. The Bill of Rights are restrictions on the Federal Government, not on the State Governments. In the early days of the United States several of the States had State sponsored churches, something that the Constitution expressly forbids the Federal Government from doing. By forcing the Second Amendment on the State of Illinois we are opening the door for all the Amendments to be forced on the States which in turn will make the Tenth Amendment null and void. The States will not continue to be individual States; they will be nothing more then counties in the big State of the United States. Our local Governments will be nothing more then pawns in the big picture. Some argue that we need to stop the Federal Government; some argue that we need to start at the local levels and move up. I really do not know which is the best route, I’m of the opinion that we need to start at the Federal Government and stop it, that way we can then put the power back into the States and the People; then the People can get the States back under control, the way the Founding Fathers intended for it to be. The Constitution is not meant to be something that is easy to live by, it’s not meant to make life easy. It’s meant as a means to have liberty, free from a tyrant. It’s meant to keep the Federal Government from becoming a monarchy with all its 50 fiefdoms that enforce its rule and collects its taxes. Sure it opens the door for the States to become little monarchies, but that is the beauty of the Constitution. We can either control our States or we can move to a State that believes the way we do. That’s a powerful incentive for States to listen to the people, take the money and business out of a State and they tend to listen. It’s not as true with the United States, there is no other country on the planet that is as close to true liberty, true freedom as the United States, even with all the troubles we are going through now. We can’t just pack up and move, where would we move to?

Steve Avery
9/4/

Wednesday, August 25, 2010

Why Is It Being Kept Alive Part 2

After a lot of thought and some gentle encouragement from my Dad I’ve decided take my last blog entry out a bit farther. I’ve stated before there are several reasons why the Government and Special Interest Groups would want to promote the continuing of the welfare class. Unfortunately with recent news out of Atlanta they are doing a great job of doing just that. Spokesmen from the section 8 housing authority were claiming a success when instead of the 10,000 people they expected to turnout to receive applications for future section 8 housing, there were 30,000 people that turned out. This was not even for housing; this was just for application for future housing. Why would you claim a success if 3 times more people were in dire need then what you expected? Wouldn’t that tell you that some of the policies of the Government, both local and Federal, were not getting people out of poverty, instead they are putting more people in poverty. The more people that are in poverty or on the welfare rolls the more control the Government will have over their lives. So back on track and to prove the point that the Government is more concerned with control then they are the people. In reasoning this through I came to realize, with insight from my Dad, OK, he actually pointed me in the right direction like a good Father should; anyhow, there is an amazing parallel to history of our own nation that we are living in.

In the early part of our countries history the Southern States believed in slavery, it was a way of life. Some slave owners only looked at the slaves as tools, as another tool for them to use on their plantations to ensure their crops made it to market. Other slave owners actually felt they had a duty to take care of the blacks, to protect them from all the harmful things they could not handle on their own. They had this belief that the black race was not smart enough to take care of themselves, they were only smart enough to take orders and carry them out. By taking care of the blacks the Plantation owners benefited in many ways. The benevolent owners tended to have happier workers, this created fewer problems on the Plantation and in some cases it even promoted a sense of loyalty. In general slave owners also benefited from the labor of their slaves financially but the benevolent ones also benefited in the social circles, they could stand proud in their social circles with their benevolence, when in the truth they were getting ahead in life on the strong backs and hard work of other individuals. In the early south they realized that they had to control the black population to continue the manipulation. The legislative body of the Southern States went so far as to pass laws making it illegal to educate blacks, they wanted to prevent blacks from learning enough to realize that what was being done to them went against natural law, if they gained knowledge they would be able to do things for themselves and they would understand what was being done to them. Does any of this sound familiar?

MICHELLE OBAMA: "Barack knows that we are going to have to make sacrifices; we are going to have to change our conversation; we're going to have to change our traditions, our history; we're going to have to move into a different place as a nation."

Michelle Obama’s statement shows exactly what is going on with the Government. Don’t get me wrong, it’s been going on for quite a while; it’s just that in the last couple of years the pace has been stepped up. Since the Department of Education split from the Department of Health, Education and Welfare under the Carter administration in 1979 our education system has changed. It used to be that we taught our children the things they needed to succeed in life. It has now evolved so that we teach our children what it takes to pass to the next grade or to be able to pass the college admission tests, regardless of whether they can write a check of figure out their gas mileage, or be able to fill out a tax return, you know, the things that all of us end up having to do in life. There has been a movement growing across America for the past couple of decades, a movement towards kindler gentler handling of our children, everyone gets a trophy, everyone passes, no using red pens when grading papers, children have more rights then the parents, etc… It’s been blamed on the left wing liberal tree huggers, but in reality it has been every administration that has been in office over the past 3 or 4 decades. It’s just part of the plan to completely enslave the American people. I started to say the American working class, but that’s not right, they want to enslave us all, starting with our children. If our children are brainwashed in the school systems that everyone should succeed, not that everyone has the opportunity to succeed, but that everyone should succeed and that there are no failing grades, then they are being set up for utter and complete failure when they get out in the real world. When they fail at the hands of the evil capitalists or the evil constitutionalists then the Government can come in and bail them out, be the big hero, its part of the plan.

I’ve used education as an example only because that is where it starts. Look at what has happened to industry in this country; the unions are being supported by the Government in their takeover of every industry and service they can get their hands on. When the union has control no longer does the individual have control of their destiny. The Government while they may not actually own them, they have gotten control over the housing mortgage market through Fannie Mae and Freddie Mac, they have control in the auto industry through GM, they have has control over the rail and air travel for decades. All of this leads to control over what Americans as individuals can do. As the Government seizes power and grows in size it needs more money to operate and more money to throw at the peasants to keep them happy, and yes, that is all the concern they have, they want us happy so we will vote for them. In order to gain this money they have to increase the hold they have on the people. In today’s society that means increasing taxes. With each increase in taxes we have an increased hold on the American people. With each increase in the Federal Deficit and the Federal Debt it’s an increase on the hold of the American people. In Colonial America and the early American history we had indentured servitude. Indentured servitude meant that you owed your life to someone for a set number of years in payment for some service that was provided to you, at the end of that time your debt was paid. In some cases you also ended up with a small stake of land to start a new life on. Indentured servitude led to slavery in America. The difference being that there was no light at the end of the tunnel for slaves, there was no end date when the contract was satisfied. Well we are at that point again; there is no end date when this debt that the Federal Government has run up will be paid. This debt will not fail on the wallets of those in Congress; it falls on our wallets and the wallets of who knows how many generations to follow. This means we are becoming a nation of slaves, we are forever working for the financial gain of our master, not ourselves with no end in sight. At least as an indentured servant we could look forward to paying off our debt in seven years and starting a life of our own on our measly 40 acres, not so today, we are slaves, the very thing that this country tore itself apart about in the late 1800’s, only today instead of the Government trying to abolish slavery, they are the slave holders. The individual sovereign States are no more so there will be no secession to fight this tyranny, or will there?

There are other ways the Government is working to recreate slavery in this country. Slavery prevented people from doing for themselves, slavery made the slaves beholding to their master. When the Government started the welfare program we know today they were enticing people to be beholding to the Government. Every week more people are going on unemployment; every week more people are going on some form of Government welfare; every week more people are becoming slaves to the Government. Over several generations the Government created a class of people that believe that welfare is their right and that is the way they want to live. They don’t stop to think of where that money comes from, they don’t care where that money comes from. As the number of people on welfare and unemployment increases there are fewer and fewer in the workplaces that are supporting them. Already we are seeing a huge deficit in the taxes that are being paid and the amount of money that is being paid out in the form of social programs, sooner or later those of us that are still trying to be responsible for our own destiny, those of us that are trying to be individuals will be paying more in taxes then we are earning; we will eventually be forced to take Government assistance to survive. When that happens where will the money come from? Does anyone really believe that the Plantation foreman, the union bosses, are going to sit around and let the Masters pocket book suffer because the slaves are just sitting around not working? We are headed to a country that chooses jobs for people, jobs based on skills or strength, not on personal choice. We will be required to work and what support we get will be determined by the Government, not by your own drive and desires.

Am I way off in left field with this? Some will say yes, probably those that are being taken care of by the Government, or those that are on hard times and believe the Government should see them through. The truth is that if we depend on the Government to take care of us this outlandish scenario is where we are headed. It will be better on us all if we take back our individualism now, learn to do for ourselves, accept jobs that we consider to be beneath us, stop expecting every thing to come to us on a silver platter and suffer a little now rather then a lot later.

Steve Avery
8/25/2010

Monday, August 9, 2010

Why Is It Being Kept Alive?

On December 6th, 1865 the 13th Amendment abolishing slavery was ratified, on September 9th, 1868 the 14th Amendment granting civil rights was ratified and on February 3rd, 1870 the 15th Amendment ending black suffrage was ratified; who then has kept racism alive and kicking for so long? I’ll step back for a moment and give a little history lesson. There are 2 methods available to add an Amendment to the Constitution. The first way is for two-thirds of the legislatures in both houses of Congress to deem an Amendment as necessary. Once proposed the Amendment must be passed (ratified) by three-fourths of the States. The second method is for two-thirds of the States to call for a Constitutional Convention in which Amendments may be proposed; once again it takes three-fourths of the States to ratify the proposed Amendments. To date all Amendments have been proposed by Congress, not by a Constitutional Convention called by the States. In either case the President does not sign the Amendment; this is one of the powers enumerated to the States. With that in mind consider that it took 66% of Congress to agree that we needed to abolish slavery (13th), ensure that the blacks that had been brought here as slaves or born into slavery would be citizens of the United States (14th) and that all citizens, regardless of race, color or previous condition of servitude would have equal rights (15th). It then took 75% of the States to sign off on this and make it a permanent part of our Constitution. When do we ever hear of 66% of Congress and 75% of the States agree to anything? I know that just signing a piece of paper is not a magical bullet that will change everything, but 75% of the States thought this was a good idea and believed in it, so that would mean a small sector, 25% or less (I didn’t look up the exact numbers for the ratification of each) did not agree. That is a small number to keep the battle of the races going for as long as it has.

I don’t believe anyone can honestly state that some day racism will be abolished, we are people, we think for ourselves, there will always be racists. The blame game though has gone on for far too long. Gaining equality is a two way street, the majority has to swallow their racist attitudes and provide opportunities to the minorities, the minorities on the other hand have to swallow their racist attitudes and prove themselves as equals. Yes, I went there. I wasn’t a great student of history but from everything I read about the late 1800’s and early 1900’s the black race in particular was full of people that were trying to do just that, people with great pride and great minds. Sure there were groups such as the KKK that wanted nothing more then to keep blacks in servitude, but as evidenced by the proposing and ratification of the 13th, 14th and 15th Amendments there were many more that wanted to give equality for all a go, isn’t that what America is really about? I’m not taking any of the blame for keeping racism alive off of the backs of whites, if whites were blameless there would have been no need for the Civil Rights movement (1954 to 1968), a movement that I might add had many white supporters and activists. It has now been another 40 years from that and we still see racism raising it’s ugly head all across the country. What is keeping it alive and why?

In America today you are considered a racist if you say or do anything that is anti-color, even if it is something that is pro-person regardless of color, case in point is the promotion of the white firefighters in Connecticut over the black firefighters based on test scores, not race. I would personally think that any person would rather be judged on their ability then on their color, isn’t that equality? What has happened to the pride that the black community used to have and claims they still have? How is everything being provided for you equal? How can you be proud of yourself when you are being taken care of by the Government? How can you expect to be respected when you are the second, third or even fourth generation living off welfare and believing it is owed to you? I have heard the argument that the whites are suppressing us for so long I could scream. I fail to see how anyone is being suppressed by their race, unless of course you are talking about whites having to watch what they say, or whites being denied jobs because of affirmative action, regardless of qualifications. Who is the real racist?

Instead of being angry at whites for a practice that was at the time world wide and has now been abolished, blacks should be angry at the very people they are going to when they cry wolf. Organizations like the NAACP are not living up to their name, the National Association for the Advancement of Colored People. If you want to advance people you help them to get out from under Government care, you put people on display that have become successful, you teach people how to respect themselves and others, you teach them how to assimilate into the society they live in. You don’t attack everything that would provide equality, you don’t allow hate groups like the New Black Panthers to be in the news spreading their racist ideals without speaking out against them. You don’t support groups that strong arm companies to hire unqualified blacks like the Rainbow Coalition has been known to do in the past. We no longer have segregated schools; all children have the same opportunity at a basic education today. What they do with that opportunity is on their backs and their parents backs, not on some other race. Higher education is not a function of race either; it’s a function of money. There are more programs available to blacks then there are to whites for getting funding for higher education, mainly because any program open to whites has to be open to blacks in order to not be called racist, not true for programs set up strictly for minorities. The question then must be not only who is keeping racism alive but why, who benefits from keeping it alive? It’s not the black race that’s benefiting.

For the most part the whole issue of racism seems to be strongest in the welfare community, those that are multiple generations of welfare families. I honestly believe that is not the majority of the black race or any other minority any more, but it is the loudest. Organizations like the NAACP and the Rainbow Coalition would not be necessary if racism was laid to rest for once and all. If all people regardless of color were to become one race, the American race, then they to would go into the shadows of racism to join the KKK. They will always be there but they will not be representative of the American majority. What benefit is there to the people of color to keep racism alive? The only one I can think of is getting their 15 minutes of fame with the media when they cry racism. The cons are great though. The more racism is in the news the higher the racial tension gets, the more you look at anyone of a different color then you and wonder if they are racist. Keeping it alive promotes the “you owe me” attitude which defeats any personal responsibility and keeps a race in a welfare state. Welfare is not good for anyone, it is a scam that makes you believe you are getting your just rewards when it is a system designed to keep people in check, to keep control over people one step above slavery. Didn’t we abolish slavery? The special interest groups and the Federal Government does not want anyone to break free of the welfare scam or to stop believing in racism, they want to maintain control over us in order to continue to promote their programs, pass more laws and line their pockets, they don’t care about equality or people, only power and money. When was the last time any race based special interest group told their race to quit complaining and stand on their own two feet, they don’t, they are constantly repeating the same old garbage that you are not equal but they will protest, get laws passed and take money to make you equal. Special interest groups are always bringing up the ratio of people in prison, stating that its racism causing the higher ratio on criminals in one race then another; please explain to me how this works. It’s racism that caused someone to rob a liquor store or to be involved in a drive by shooting? When did the personal responsibility get taken out of committing a crime? The Government wants to keep racial tension high so they can pass laws that will keep them in power and to further tax the American people, they are not interested in equality, especially since they believe themselves to be above all of us. If all programs singling out one race above another were abolished the special interest groups would no longer be needed.

Maybe I’m a bit of an idealist on this but I would like to believe that Americans can become one race of many colors that stands on our own abilities and merits or lack thereof. We will succeed or fail on our own, not on the back of others or to the benefit of some politician or special interest group. Here’s an idea for you, someone needs to start the NAAAP, the National Association for the Advancement of American People. An organization that would promote true equality, an organization that while promoting the different races to honor their heritage would encourage dropping any hyphens and all becoming Americans; one that would step into poor neighborhoods to provide assistance to people to get them on their feet by giving direction, not by demanding money; one that would step in to help schools that are not providing adequate education. An organization that would encourage people of all races to accept each other for who they are, not what color they are; one that would stand for the laws of the land; one that promoted an attitude of taking responsibility for your actions.

America has problems and keeping racism alive is one of them. There will always be racists of every color, there is nothing we can do about that, but that should not be one of the things that finally tears this country apart. We, being all Americans, are allowing our Government to grow into a monster that we will never be able to stop, racism is one of the issues they are using to ensure this growth; it is also one that is keeping us from coming together and stopping the monster. As long as the Government keeps the racial tension high the American people will not be able to come together in large enough groups to put the Government back on the right track.

Steve Avery
August 9, 2010

Sunday, August 1, 2010

What I Missed

Seems I missed a lot over the last couple of weeks. We took a couple of weeks off to play with our new used pickup truck, go to an awesome beach wedding between our middle son and his lovely now wife, and take care of some chores around the house. It was great forgetting the real world for a while, but it was still there.

We get back on the road and tune in our new Sirius radio to our favorite talk show hosts and get the jolt back to reality. One of the first things I hear about is an idea on the table by a couple of Democratic Senators from CA and WA. Seems they are purposing a bill to socialize 401K’s. They want to put them under Government control, make the earnings a flat 3% instead of being dependent on how mutual funds are doing. They also want to take away the tax breaks for the employer contribution which will cause employers to not want to contribute. There is also talk of them making it mandatory. Sounds a lot like Social Security all over again, except that this time there will be earnings of 3%. Now in some ways this sounds like a real good thing, making retirement planning mandatory. First we have to think about how it turned out the first time this was tried, Social Security is nothing but files full of IOU’s. Secondly we need to ask why they would even suggest a bill like this. Try this on for size, the Government is operating on major deficits, where else can they get their hands on millions or even billions of dollars, you guessed it, all of our hard earned 401K’s. If this was to get passed do you think they would stop there, oh no, better hold onto your IRA’s, they would be next. The Federal Government has turned into a slight of hand con artist, they are telling us that every thing is great, the recession is over, the economy is getting stronger, and the job market is getting stronger; what’s really happening is that the unemployment rate is still hovering around the 10% mark, businesses are closing all over the country, trust me, I’ve seen too many closed businesses, and we as a country are already placing the next 3 or 4 generations in debt, and that’s only if we stop spending now, if not America will never be out of debt. I did my research on this one as soon as I heard it, especially since I only heard one of the right wing talk show hosts talking about it. This is only a proposal by 2 Congressmen, so far as I could find it has not gone anywhere, so far. What scares me and I hope it scares everyone is that we have Congressmen that would even think of doing this, what’s worse is we have a large chunk of the voting populace that would think this was a great idea.

The next thing I hear about is this memo floating around from the White House to the Department of Immigration and to Homeland Security about bypassing Congress to defer deportation of illegals. So what exactly does that mean? Well let’s translate, it’s called amnesty. To give credit where credit is due, Homeland Security issued a statement that they would not grant deferred deportation to all the illegal immigrants in the country. What this means to me is that they will grant amnesty to any illegal immigrants that have no criminal record. That sounds good on the surface, we won’t grant amnesty to the criminals; hold on, isn’t crossing the border illegally a crime? Doesn’t committing a crime make you a criminal? What they are doing with this is not only making Congress inconsequential, they are trying to increase the voting block for the progressives. By making Congress inconsequential the White House is creating a monarchy, you know the same thing that the original colonists left to create this country, the same thing they fought against in the revolutionary war and during the Philadelphia Convention to create the Constitution of the United States of America.

The other stories I heard about just led me to a conclusion that has been bouncing around inside my pee brain for some time now. The DOJ doing nothing about the New Black Panthers and their statements about killing crackers and their babies; the NAACP not coming out condemning the New Black Panthers; the injunction against the State of Arizona’s new immigration law and the Shirley Sherrod firing. When you look at these issues and past issues you have to wonder what is really going on. This administration, the President in particular, wanted to bring all races together. The President even went on “The View” this past week saying we needed to make sure we have all the information before jumping to conclusions, kind of like in the Cambridge case where without all the information the Cambridge Police acted stupidly. What is happening is that this administration is doing everything they can to try and drive a wedge between the major races of the United States. Instead of trying to bring the citizens of the United States together, regardless of race, creed, color or religion, they are doing everything they can to keep racism alive. There have been attacks on the Tea Party’s accusing them of racism, irregardless of the fact the people of color attend the Tea Party’s and are active in the Tea Party movement. Why would the Government want to keep racism alive? This Government is trying to tear apart America as we know. The only reason I can think of for why they would want to do this is because they are going fly right past socialism to a monarchy.

And lastly while listening to one of the talk show hosts that I like to listen to a story came up about the President visiting GM in Detroit. The talk show host, who I’m going to leave nameless, went into a rant about how if the Democrats who are backing the President had traded their foreign cars and bought American made cars then the auto industry would not have needed a bail out. While some of that may be true and it does point out some of the hypocritical attitudes that elites have, do as I say not as I do, it was not an entirely true rant. While GM, Chrysler and Ford may have been started in America and are probably mostly American owned, they are no more American companies then Honda, Mercedes, BMW, Toyota or any of the other foreign car manufacturers that have plants here on American soil. All of those companies, while being foreign owned, employ Americans, as do all the small businesses throughout America that produce parts for those companies, parts that we frequently pick up from small single machine shops or warehouses converted to factories to deliver to major assembly plants throughout the country. On the other hand the “American” auto industry has steadily imported parts and exported jobs and factories either overseas or across our southern border to save a dime, or to escape the unions. The host went on to blame those that are driving foreign cars and the Government taxes and regulations on the decline of the “American” auto industry since more and more Americans are buying foreign cars since they can get more bang for their buck in the foreign car market. Let’s give credit where credit is due, the foreign car manufacturers have learned that having unions in the workplace causes the cost of manufacturing to go up, and that increase is therefore passed on to the consumer, so no unions in the foreign car factories. American car companies are literally run by the unions, therefore the cost of an American car is well above it’s worth. I know this is a departure from my normal ranting against the Government, or is it? Our Government is propping up the unions and helping them to take over all forms of manufacturing within our borders, in fact they are trying to help them spread out world wide. What is going to happen to the price of goods then?

If this is what I see has happened in the last couple of weeks what is going to happen in the next couple of months or years. If the American people don’t get out and vote in November to remove the progressives from Congress what is going to happen during the remainder of the Presidents term. Does this President even care if he is reelected? Is there some greater plan in the works behind the scenes that will make this President the last President we will ever have in this country? I’m not a conspiracy theorist but I am very concerned with the direction we are headed, I for one do not want to live under a monarchy or under socialism. I like the fact that I control my destiny, at least to some degree.

Steve Avery
8/1/2010