Beyond the Cusp

June 13, 2013

President Obama and the United States Constitution

President Obama has made his disdain for the United States Constitution well known. He complained before his first term as United States President in an interview on Chicago’s public radio station WBEZ FM in 2001 that the United States “Constitution is a charter of negative liberties” and not of positive liberties. He further explained that the Constitution “says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.” Keep in mind that this interpretation comes from a man who as a Professor taught courses in Constitutional Law at the University of Chicago, so he presumably knew what he was talking about and understood the reasons the Constitution was crafted in the manner of limiting government. Apparently Professor Obama, and we can assume President Obama, vehemently disagree with the founding fathers and their vision of limited government allowing for maximum freedoms and liberties for the people. So, perhaps we should look into the consequences of President Obama’s view of positive liberties against the founder’s ideals of negative liberties, or more accurately compare President Obama’s view of empowering government against the founder’s ideas of empowering the people.

First we will summarize the philosophies behind the founding fathers Constitutional limitations on government and how that impacts the people. The founders were strong believers in the ability of man’s capability for self-rule without having to rely on having to be ruled by their supposed betters. They were also mostly strongly religious and this enhanced their view as mankind as a noble being different from the animals and having a divine spark, a divine spirit. They believed that the Creator gave man life and with life certain rights which could not be denied by government or other men if society was to be free and have maximum liberty. As such they placed mankind above government and judged government as being a necessary evil which was best when kept as powerless as possible. Government was to only be permitted to wield those powers requested and permitted by the people. Even then, the layers of government were to have limited power by making each layer removed from the people dependent on the next closer level for its powers. Thus the people requested and allowed a set of powers to be transferred to government at the most local level which then assumed these powers and would also be tasked with adjudicating differences between contesting individuals. This local level of government would in turn permit some of these powers which were beyond their capabilities to be granted to the next level of government along with the adjudication of differences between any competing local governments. This level of the government then passed along those powers beyond their scope to the next level which also adjudicated any contentions of the lower governments. This continued until the least amount of power would be vested in the Federal Government which also adjudicated between the State Governments. Any adjudication could potentially have a judgment appealed to the next higher authority until reaching the final level of adjudications, the Supreme Court. The founders believed that all power comes from the Creator and the most powerful entity was the individual. This also implied that the individual along with the most freedoms and liberties also carried the most responsibilities. Thus, the higher up the government tree one climbs, the lesser powers relegated to each governmental level until reaching the Federal Government which would have the least power and the greatest restrictions on its powers and responsibilities of adjudication. Thus, under the United States Constitution the people are to be vested with maximum powers being permitted all responsibilities, abilities, powers and decisions with the minimal exception as listed within the Constitution. The best description was probably framed within the Bill of Rights, more specifically the Tenth Amendment. The Tenth Amendment reads:
“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.”

President Obama does not believe that the government should be limited in its powers but instead believes that the government should dole out limited powers, responsibilities and options to the people while retaining maximum control at the highest levels. President Obama believes that the Constitution should empower government and dictate what it is that the government is required to perform for the people. This results in the government deciding what rights it is willing to remit to the people and what privileges it will grant to the people. As a result, the people only receive the privileges which the government determines they may be allowed and any power thus vested with the people may also be taken back by the government at their slightest whim. In President Obama’s world, the people are only granted the rights and responsibilities which the government determines or believes they are capable of while the remainder of power is retained by the government. Furthermore, the Federal Government also determines what responsibilities and powers the States are permitted who in turn decide the same for local government with the final determination of what the people are allowed granted at the local level. Since government passes down the powers, rights, responsibilities and all functions in life with strict limitations retaining the bulk of available oversights and control with itself at every level, the people are basically power starved.

The difference between the United States Constitution and President Obama’s ideas of governance are stark and somewhat counter-intuitive. When President Obama speaks about his disdain for the limitations of the constitution, he speaks that he believes that people would have more power if instead of limiting government the constitution should insist that government perform expressed function for the people. Despite intuition might have one believing that if government is commanded to provide enumerated functions for the people that the people will have more privileges and rights, the United States Constitution actually grants the people far greater flexibility, rights, powers, liberties, and responsibilities. Where President Obama’s idea of government permitting certain services to the people as demanded does allow for the people not to have to assume many, if any, responsibilities as that remains with the government as they are granting items while retaining the real control. With the Constitution written by the founding fathers begins by leaving all responsibilities with the people and as such also gives all powers, freedoms, liberties, and abilities also with the people and the people decide that which they will permit the government to possess. So, if you desire to be responsible for your own actions and taking care of your own needs and expressing yourself however you please while standing by your words, then the United States Constitution was designed for such as you. But if you wish to have all decisions and consequences taken care of by a greater power that gives you that which it decides is in your best interest and requires minimal responsibilities or efforts from you, then you would love President Obama’s world of unlimited government granting you, the people, what is best for you, well, actually granting you what is best for government.

Beyond the Cusp

March 15, 2013

If We Save Only One Child’s Life

If We Save Only One Child’s Life

 

Senator Dianne Feinstein, President Barack Obama, Senate Majority Leader Harry Reid and the rest of the legions of gun-grabbers all have a love affair with the phrase, “If we save only one child’s life our efforts will be worth the time and trouble we spend fighting those Neanderthal gun-nuts.” There is the false claim that nobody needs these so-called “assault weapons” to hunt deer. There are two problems with this argument. First, no soldier in their right mind would take one of these so-called “assault weapons” into a combat situation when real assault weapons capable of sustained fire or burst mode are available thus the weapons in question are nothing like real assault weapons. Second, the Second Amendment is not about hunting or target shooting or any other recreational pursuit requiring firearms and these spiteful politicians know this full well but persist in lying hoping that we the people are ignorant enough to take their words for everything. Fortunately, many people have begun to wake to the real meaning behind the designs of the Constitution and the Bill of Rights. Most are also relearning the justifications and revolutionary concepts behind the Declaration of Independence. Some have even traced the ideas and ideals back through the political philosophers whose ideas were the inspirations behind much of the forming of the United States and have even traced the concept that man is a noble creature capable of self-rule all the way back to the Magna Carta. There are those who have also traced the concepts of individual liberty and that government is formed to serve the people and that those who rule, even kings and other nobility, are forbid to take treasure of any sort, not gold, silver, gems, horses, cattle or other excesses greater than any normal subject possesses which is contained in the Bible in Deuteronomy and other books. These people also have become aware that the Second Amendment was written to allow the people to restrict government whenever it became unwieldy and broke the original promises made to the people and instead began to be an oppressive burden. To this end the Second Amendment was written to allow the common people to own the same weaponry as was utilized by any who were in the service of the government including the military or any form of law enforcement. This little truth puts the lie to the myth of legal gun control in the United States.

 

Unfortunately, far too many citizens in the great lands of the United States have settled into a comfort where they prefer to allow the government to usurp many of the responsibilities which the Founding Fathers took great care in assuring that such power would remain with the people to the extent that the United States Constitution forbade the government these powers. But as the people came to live in great concentrations in large cities, even megalopolises, they no longer provided for themselves in the same manner as the founding generation. No longer do most Americans ever meet the farmers and herders who raise their food. They often do not even know the people who live on their block, let alone most of those who reside in their community and definitely not the entire city. They have become cogs in a large machine. With this change the people no longer know the people who represent them in the government, not even the city government who are supposed to be the closest government to the people and the one that most affects their lives. Reading the United States Constitution and the Bill of Rights and one realizes exactly what President Obama meant when he described the Constitution as a document of negative rights. He did not mean it denied the people of rights but that it forbid the government from growing or performing beyond strict limitations. The most striking evidence of this concept is contained in the Bill of Rights with the Tenth Amendment being the most glaring evidence of limiting the Federal Government. It reads, “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.” You probably could not find a better or more forceful way to state that the Federal Government is prohibited from exercising powers or jurisdictions beyond some strict limitations. The exceptions to the limitations are spelled out within the constitution and anything not listed there as a power permitted to the Federal Government or strictly forbidden for the States to perform, then the Federal Government may not exercise such powers. When reading the Bill of Rights you see that there are distinct rights listed which are granted to the people and the Federal Government is forbidden to curtail or limit these freedoms. Adding to the Tenth Amendment is the Ninth Amendment which reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This plainly grants that the rights of the people are limitless and beyond the power of the Federal Government to constrain, limit, or otherwise deny the innumerable rights which are granted to the people by the right of personhood. Such a powerful statement is one that was intended to warn politicians and public servants that they only held power at the permission of the peoples and the peoples did not have to turn to government for their freedom as it was theirs independent of the government and guaranteed by the Constitution and the Bill of Rights.

 

Some claim that the most powerful of the Amendments in the Bill of Rights is the First Amendment which contains five freedoms placed beyond the reach of government. The First Amendment reads “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These rights allow the individual great amounts of personal power over their life and to express their beliefs and opinions free of government influences or limitations; express grievance with the government and expect the government to respond and correct or repair damages or other infringements; report news and political opinions without restrictions or censorship by the government; and lastly to assemble in pursuit of goals or activities free of government limitations. The rest of the Bill of Rights has more restrictions limiting the government from injecting itself or its limitations and restrictions over the individual or group of individuals. The problem which people had always faced in restraining government came about as the government always had held all the power over the people and the people were unarmed. The government having all of the arms could even act beyond limitations which were supposedly established on them by founding documents or other legal writings. This was the entire concept behind the Second Amendment, to arm the people as well and as powerfully as was the government thus making the people the equal and not the subjects. The phrase that has found favor with many supporters of the Second Amendment is a quote attributed to Thomas Jefferson which reads, “ When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” Now tell Senator Dianne Feinstein and President Barack Obama to leave our guns alone and simply inquire as to what part of “shall not be infringed” they do not understand.

 

Beyond the Cusp

 

October 5, 2012

My Big Surprise from Presidential Debate One

I watched the first Presidential Debate of the 2012 Election Cycle with low expectations and not expecting anything that might actually change my despair of the coming day I had felt I had little choice. Where I will not jump to any conclusions or dance with joy, but I now have found a glimmer of hope. It just might be that those who had tried to dispel my exasperations about Mitt Romney winning the Republican nomination may have had a valid point, though they likely did not state it as well as Candidate Romney did during the debate. This was after an even earlier piece of discouragement when John Bolton, our once recess appointed United Nations Ambassador, announced that he had no interest in running for the Republican nomination race for President. After that I had some lesser amounts of hope of which none was ever placed in Mitt Romney. Much of Romney’s record as Governor of Massachusetts did not inspire any evidence of a great conservative constitutionally guided leader. What it had shown me was a pragmatist who would lead only as far as the possible and not take on the big challenges of pushing monumental change. The one thing I believe we need right now in the United States is a monumental transformation returning us to the original intentions expressed in our founding documents, the Declaration of Independence, the Constitution and the Bill of Rights respectively and in that order of importance.

What I expected from the debates was Mitt Romney touting an economic plan to make an environment where businesses could flourish and people would be rewarded for choosing to invest and risk their time, treasure, and efforts in order to pursue their dreams and establish new ventures, businesses and opportunities. Well, I definitely got that performance from Mitt Romney. As far as President Barack Obama was concerned, I fully expected a better showing despite his previous problems when having to speak without his little friend the teleprompter and answer questions off the cuff or defend his positions when challenged. What I saw instead was a wondrous destruction and dismantlement of the President who appeared unprepared for any confrontation. President Obama almost appeared as if he had expected assistance from the moderator to cripple any thrusts by Romney and permit the President to give his typical long winded, delusional answers which leave people impressed despite having garnered no information or knowledge from another extensive, tendentious, overly-long, vacuous oration relatively devoid of substance. We did not even get a performance worthy of this description. Instead President Obama came across disconnected, distracted, distant, and unable to connect with the audience, the questions, or the conversation. The debate was between a prepared and on his game Mitt Romney against an unprepared, distraught and off his game President Obama. It was not a fair representation of the best of both candidates, but this too was not the surprise which rocked my view of Mitt Romney.

Those who have read Beyond the Cusp likely know the Tenth Amendment almost by heart as it is one of our favorites among all the integral documents which were written by inspired men during the events at the beginnings of the United States. We have even claimed at one point that simply by a dedicated review of every piece of legislation, every law, and every regulation with regard to the Tenth Amendment would restore the intended balance of powers between the over-bloated Federal Government and the disempowered individual State Governments and the People of the United States. When Mitt Romney mentioned the Tenth Amendment in its proper context I almost fell off my chair. He followed this up by mentioning the importance of State rights and empowerment. And then came his stating the Founding Fathers reasoning for empowering the States over the central government, that each State would be better able to serve the individual and distinct needs of their residents than any program fashioned by a distant Federal government in Washington DC. He also hit the point that by empowering the individual States to address problems we set forth fifty separate experiments with each one taking a potentially different tact to address and fill the needs and problems on any issue. Romney pointed out that through this method the individual States which were most effective, efficient, cost-efficient and versatile means of serving the public could then be copied and even refined further as other States adopted the items from all of the State efforts which proved to be the most suited and promising. This grasp and apparent affection, dare I say love, with the Tenth Amendment and his display of his full and complete understanding of all the intricacies spawned by the Tenth Amendment was close to inspiring. The remaining debates just got more interesting and likely very important. I can only hope that Mitt Romney can incorporate more of the intricacies and implications from the original intentions of those geniuses who crafted the Declarations of Independence, the Constitution, the Bill of Rights, and especially the Tenth Amendment. The one last particular I would like to hear out of Mitt Romney would be his dismissing Romney Care as something he did as a Governor and something allowed by the Constitution and something he would be prohibited from retaining as Obama Care as that is an offense and contradiction to the Constitution. No more repeal and replace, simply applying the Constitution and relevant limitations to remove this onerous conglomeration of obscene and illegal amassing of power by the Federal Government.

Beyond the Cusp

« Previous PageNext Page »

Create a free website or blog at WordPress.com.

%d bloggers like this: