“We Live in a Constitutional Democracy” – ???

I caught a clip promoting an interview with Supreme Court Associate Justice Elena Kagan recently, and the comment they played made me stop in my tracks.  She made the observation that we are a constitutional democracy.  In doing some digging, I found that wasn’t the first time she’s made that observation.

In the case in 2013 where the SCOUS struck down the Defense of Marriage Act, she made this statement to Michigan’s Assistant Attorney General:  “Mr. Bursch, we don’t live in a pure democracy, we live in a constitutional democracy. And the Constitution imposes limits on what people can do, and this is one of those cases.”

 Couple that with her comment in a 1995 review where she wrote about what influences the rulings of a Supreme Court Justice, and you have to scratch your head and wonder how the Republicans in the Senate ever let her get confirmed:  “…it should come as no surprise by now that many of the votes a Supreme Court justice casts have little to do with technical legal ability and much to do with conceptions of value.”  And just whose “conceptions of values” might they be?  Why, the individual justice, of course!

Our founders rebelled against being ruled by the ‘whims” of one man (King George), yet this is precisely what Justice Kagan is saying the basis for her decisions are.  Never mind the concept of the rule of law, or justice being blind to all but the facts.  We now are being dictated to by a subjective judicial oligarchy.

In his famous treatise, Common Sense, Thomas Paine wrote:  “But where, says some, is the King of America?  I’ll tell you….in America, THE LAW IS KING.  For as in absolute governments the King is law, so in free countries the law OUGHT to be King; and there ought to be no other.”  No Justice Kagan, you are not “King” (or “Queen”) over us, though you and the judiciary of this country act like it.  Law is not subjective, nor cannot it be for if so, then it fails to be law based upon principles and justice, but is tyrannical rule by a powerful few, or mob rule by majority (i.e., democracy).

After the draft of the Constitution was completed and ready for acceptance by the states, the aged Benjamin Franklin was leaving Independence Hall in Philadelphia where anxious citizens had gathered to learn of the actions taken by the convention being held there.  A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.”  Justice Kagan, we are not a constitutional democracy; Benjamin Franklin stated very plainly we are a republic of democratically elected representatives of the people, and (as originally intended) state legislatively-appointed senators to represent the interest of the states (fyi, Justice Kagan, that’s called “federalism”– a great concept; maybe you could read up on it).

Elena Kagan sits on our Supreme Court and is clueless of these facts.  Thanks to the likes of Justice Kagan and the ignorance of so many of Americans, unfortunately, as Franklin warned, we have not kept our republic, but instead are seeing it fast fading into the darkness of democratic oppression and tyranny.

-August 18, 2017

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US Representative’s Job Description

Being a manager in Human Resources over the years, I’ve had many occasions to create job descriptions. I was prompted to think about this the other day when I heard Representative Maxine Waters proclaim that her only reason in running for re-election in 2018 was to continue to pursue the impeachment of President Trump.  So, with my professional background, allow me, Representative Waters, to tell you what you and your colleagues’ job description is per the Constitution.

Most would probably say that the job of our representatives in Congress is to pass laws.  After all, the Constitution plainly states that they comprise half of the national legislature, and legislating involves writing laws.   True, that is the meaning of the term “legislate”, and that is the part of the government to which the Constitution assigns them; but I’d rather they spend time unwriting laws, abolishing regulations and de-authorizing the myriad of departments and agencies they’ve created over the years that have no foundation within the Constitution!  The preacher in the Biblical book of Ecclesiastes concluded by stating a truth “amened” by every student, namely that “Of making many books there is no end, and much study wearies the body.”  If he were to write that today in view of our Congress he could well have said “Of making laws there is no end, and much regulation wearies the citizenry.”

Though some laws are necessary to the preservation of a civil society and the liberties of its citizens, I would submit that such is not the primary duty in a congressional representative’s job description.  Instead I would point to the last phrase in the first amendment to the Constitution:  “…to petition the Government for a redress of grievances.”

Why would the founders have felt the need to add this to the Constitution?  We need look no further than to our Declaration of Independence, for that is exactly the purpose for which it was written and submitted to the British Crown, but to no avail.  The founders had languished under the tyranny of a ruler who brushed aside their petitions for redress, so they wanted to make certain that in the new government they were crafting there would be a mechanism to preserve that ability and right of the people.  So just what is that conduit that is available to us whenever we feel the government has overstepped its authority and is threatening our liberties to seek redress if it is not through our representatives?  Is that not the very meaning of the term “represent”?  Just who are they representing?  Us, their constituents.  To whom are they representing us?  Is it not the national government?

No, no Maxine, your purpose in running for the office of Representative is not to “Impeach 45” (unless he has committed offenses that threaten our liberties, which he has not), but to be the mouthpiece for your fellow citizens when they feel they have been harmed by the government.  Lord knows you have a mouth – you just need to use it for the purpose for which your office intends.

-August 11, 2017

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What Can Be Done with Felonious Members of Congress?

In 1989 when the Exxon oil tanker Valdez ran onto the Prince William Sound’s Bligh Reef in Alaska and polluted the waters along 1,000 miles of Alaskan shoreline because its captain was drunk, protestors took to singing a parody of this old children’s song:   “What do you do with a drunken sailor, early in the morning?  Make him captain of an Exxon tanker.”

The question could be raised similarly about what do you do with a felonious, and perhaps traitorous member of Congress?  Well, for the Democrats, you place them in positions of leadership (at least until the member’s actions become known widespread).  By now I’m certain most, if not all, of those reading this have heard the reports of how Democratic Representative and former head of the Democratic National Committee, Debbie Wasserman Schultz, hired Muslim individuals to be her IT technicians. These technicians had access to hers and a number of other Democratic Representatives’ computers and who knows how much sensitive data in our government files.  These same individuals defrauded us taxpayers and one was even caught trying to flee the country.  We now learn that Congresswoman Schultz continued payments to him and some of the others after they had been blocked from having access to the House computer network and could not perform the work for which they supposed had been engaged.

So what can be done with members of Congress who act so egregiously?  There’s the standard answer – vote them out of office.  Yet as someone who twice attempted in the primaries to oust a long, long-term Congressman , that is seldom done as they have too much money, influence and too many connections.  However, there is another way, but it takes more political courage than those sitting in Congress seldom exhibit.

Article I, Section 5, Clause 2 of the Constitution contains this remedy:

“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.”

I would say that Congresswoman Schultz’s actions certainly meet that rather low bar of “disorderly Behaviour” wouldn’t you?  There should be an immediate appointment of a special prosecutor to investigate her actions, and when all is brought forth, the other members of Congress should expel her.  But we all know that will never happen because far too many of those in Congress could also fall into similar condemnation.  After all, there is that long-standing principle of “Honor among thieves” in play with members of our Congress.  Would that we’d just have a smattering of pure, plain old “honor”.

-August 4, 2017

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