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Thursday, October 25, 2012


 (Posted on "REAL CONSERVATIVES", "Tea Party Nation", "Patriot Action Network", "Right Face!")

On patriotic sites, I often read commenters’ heart-felt frustrations over both the unchecked lawlessness of the federal government as well as the painful absence of effective and concerted remedial action on the part of patriots everywhere to correct those abuses.

WHAT IF Obama is re-elected and stubbornly continues on his reckless course to “fundamentally transform the US of A”?

WHAT IF he, his progressive allies and acquiescent politicians on the other sideof the political aisle continue to ignore and, by their neglect, enable the federal government’s continuing to routinely flout and undermine the US Constitution with impunity?

My sense is that for millions of patriots, four more years of progressive tyranny would be a bridge too far. Backs to the wall and fearing for their lives, liberties and their ability to pursue happiness, my guess is that these patriots would, with proper leadership and in a spirit of civic-mindedness, tenaciously and unselfishly commit to taking all appropriate action to arrest America’s transformation and to otherwise nullify progressive tyranny.

With the Constitution as their guide, among these countless patriots, political accommodation, appeasement and compromise would be adjudged odious, self-destructive and, yes, treasonous. Seriously committed to restoring constitutional & economic order as well as to safeguarding and applying the foundational doctrines of “separation of powers” and “checks and balances” at all levels of government, my guess is that the resulting societal and political impact on the nation would be historical in both scope and intensity.

At least, that is my fervent hope.

Desperate, the question then becomes how can patriots, short of open rebellion, effectively push back and stop the progressive/statist tide, failing which Americans everywhere must, by their ineffective action or silence, reconcile themselves to subservience to the State?

While I’m sure my proposal doesn’t break new ground, here it is anyway:

First and foremost, to be effective, organized patriotic resistance must be rigidly guided by participants’ unwavering and fearless pledge to uphold, defend and fully implement the original meaning and intent of the Constitution of the United States as well as the Constitutions of the several States. Importantly, personal agendas and self-serving playbooks cannot be permitted to play any part whatsoever.

Secondly, to effectively counter the power elite, and while retaining their independence from one another, patriotic organizations around the country must link up and pledge their “patriotic cooperation” with the aim of effecting a reversal of progressive tyranny and to restore constitutional governance.

Third, all patriotic organizations should, at some point soon, immediately dispatch representatives to a “national convention of patriots” (ironic were it to be convened in Philadelphia) to develop both a list of grievances, again firmly grounded in the Constitution and our founding documents-- not in short-sighted parochial or self-aggrandizing considerations--and a corresponding list of specific strategies for effective, nationwide and well-coordinated civil disobedience and other activist engagement. (Among countless strategies, this initial grassroots agenda might well entail widespread refusal to pay various taxes/fees whose payment would constitute a clear violation of the Constitution; actively resisting EPA bullying by on-site demonstrations of solidarity with those job-creating industries (coal?) which have been especially injured by EPA overreach; developing a draft of Article V reforms; pressing State legislative representatives to resist federal overreach and to encourage States to immediately assume control over and to drill for oil/gas in those “federal lands” illegally held by the federal government. Obviously, the possibilities are endless . But, you get the picture.) Representatives might opt to extend invitations to constitutional scholars and historians to elicit their input and participation as well.

The burning question is what organizers of which creditable patriotic organizations already in existence who already enjoy notoriety and a following are willing to take the lead in this patriotic networking effort? What knowledgeable organizers are willing to initiate contacts with other national and local grassroots patriotic organizations to propose this patriotic networking and convention of patriots? Who’s willing to step up? All we need is leadership.

Finally, this: why wouldn’t a “National Patriot Convention"--not a constitutional convention--be entirely appropriate? Both progressivism, the enemy of republicanism, and an unscrupulous disregard for and ignorance of the original meaning of the Constitution on the part of our other political elites--both on the left and right--constitute an insidious contagion, a “clear and present danger”, which imperils both our way of life and our republican form of government.

If, indeed, and as provided for in the Constitution and by the framers and ratifiers of same, We the People are the final arbiters of what is and what is not constitutional, and if We the People are, in fact, sovereign and pre-eminent in this republican system of government, then the duty rests squarely on our shoulders to remedy the “train of abuses”.

No more excuses. No more inaction. No more let-the-other-guy-do-it. No more therapeutically preaching or venting to the choir. Going forward, we must fully understand that only active, constructive, effective and unified nationwide grassroots engagement will turn the authoritarian tide and restore constitutional order.

I pray someone steps up to help move this grassroots effort forward. Gov. Palin? Tea Party organizers/blog managers? So many excellent possibilities too numerous to suggest here.

Truth is millions of patriots are chomping at the bit to make a REAL difference. Individually, we are reduced to whining, frustrated victims of tyranny. United, well-coordinated and firm in our civic-minded conviction to restore public trust and constitutional order, we millions are a powerhouse and can absolutely influence the direction both of our States and our nation.

If the re-election of Obama doesn’t spur us to effectively act in patriotic concert, just what will—ever? Doing nothing is a surefire recipe for disaster, a tacit consent to tyranny.

“What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance.” Thomas Jefferson

“The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.” Thomas Jefferson

“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” John Locke

Friday, October 19, 2012

Executive Orders & the Death of a Republic

Retroactive from 1862, not until 1907 were Executive Orders (EO’s) published in the Federal Register. And today, over 13,000 EO’s have been issued and published. But, just what are they, and, more importantly, are they constitutional?
The short of it is that EO’s, aka signing statements, presidential determinations, presidential memorandums, presidential notices, presidential orders, have inexorably led to legally binding presidential directives substantially affecting not only executive administrative matters, but both national and foreign policy as well.

 With that in mind, the greatest fear of the founders was the establishment of a powerful central government and a strong political leader at the center of that government. They were determined to prevent the rise of monarchs, potentates or czars. Their plan was for a voluntary association of sovereign States in which power emanated from the States and the People, not from an overweaning central authority. For the framers and ratifiers, Congress, properly checked by both the Judiciary and the Executive, was intended to be THE focus of federal power and THE source of federal law.
Art I, Sec 1 of the US Constitution concisely and unambiguously provides that “all legislative powers herein granted shall be vested in a Congress...”  In sharp contrast, Art II specifically outlines Executive powers and duties, none of which include legislating in any form. And to checkmate an overreaching Chief Executive, Art II also provides for the impeachment and removal of not only the Chief Executive, but of any and all officers comprising the Executive Branch.  

Originally intended to soley direct executive departments how to faithfully implement laws legislated by Congress, since the early 20th century EO’s have morphed into far-reaching imperial edicts which have little real hope of being invalidated by an unaccountable Supreme Court or overridden by a permissive Congress. In fact, in all our history only two EO’s have been successfully invalidated/overriden: Truman’s 1952 order to place all steel mills under federal control was invalidated by the Supreme Court, and a Clinton EO in 1995 which attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll was overturned by Congress. Thus, despite their being in flagrant violation of the Constitution, while EO’s can be voided, to do so is, indeed, acutely challenging and, therefore, rarely accomplished.

Worth noting are those less appealing and unsavory EO’s such as Franklin Roosevelt's order to remove all Japanese & German Americans from military zones, and to relocate Japanese Americans to internment camps which proceeded unchallenged by either Congress or the Supreme Court.
So, how can Congress, the People’s House, void an EO, assuming Congress was so inclined?

First, Congress must have the political will, rectitude and the numbers to effectively countermand EO’s. That said, as it plays out now if Congress disapproves an EO, it can withhold funds. But, to do so requires enactment of a law which must pass muster both in the House and the Senate.  The rub: if the law intended to countermand an EO is vetoed by the President, to override that veto requires a 2/3 vote, a super majority, in both chambers of Congress, clearly a politically daunting task indeed.  And, of course, there is the laborious process of impeachment and removal of the offending President to remedy the executive overreach. But, again,  removal would require a 2/3 majority in the Senate, a very unlikely outcome.
The alternative means of voiding an EO is if a suit is brought against the President before the Supreme Court and the court invalidates the EO, again a highly unlikely scenario. And, as we all know, the Supreme Court, which has proven to be far less than faithful to the meaning and intent of the Constitution, is often on the wrong side of constitutional questions. Seemingly guided by  Chief Justice Hughes’s arrogant and insidious assertion in 1941 that “we are under a Constitution, but the Constitution is what the judges say it is”, the court's unelected judicial oligarchs--and, yes, judicial legislators--have, over the years, proven to be unreliable defenders of the Constitution.

It should be remembered that Roger Sherman,  a principal among the framers, held that the president should not have legislative authority; that his job was  to execute the laws and nothing more: “The Executive Branch is nothing more than an institution for carrying the will of the legislature into effect”.
Similarly, another principal framer, James Wilson, asserted  that “the only powers strictly executive were those of executing laws, appointing officers, not appertaining to, and appointed by, the legislature.”

And upon the advice of fellow framer Charles Pinckney, none other than James Madison asserted that the president should have “power to carry into effect the national laws, to appoint to offices in cases not otherwise provided for, and to execute such other powers—not legislative or judiciary--in nature.”
In effect, the framers insisted that the Chief Executive could not propose or make legislation under any guise, but, with respect to legislation, was absolutely restricted to executing those laws passed by Congress. Crystal clear, but grossly ignored by today’s power elite.

With the “help” of a habitually unfaithful Supreme Court, a corrupted Congress, and a complacent citizenry, is it any wonder we’ve strayed so far afield from the Constitution?
So, in the absence of a President who might happen to be personally inclined to faithfully adhere to the Constitution, we have little defense against a tyrannical Chief Executive. Thus, if the Supreme Court and Congress are unwilling to restore constitutional order by affirmatively re-establishing  the doctrine of separation of powers at the federal level, then, ultimately, and in accordance with the 10th Amendment, it falls to the States and/or the People to take appropriate action to remedy the breach. As James Madison asserted, “…the people have an indubitable, unalienable, and indefeasible right to reform or change their government whenever it be found adverse or inadequate to the purpose of its institution.”

In closing, our now tattered and barely recognizable republic which was originally held securely in place by a carefully crafted system of checks and balances and separation of powers is no more.  To believe otherwise is wishful thinking, or, worse, delusional.

Since TR, with his 1006 unchallenged EO’s, Woodrow Wilson’s 3,723 EO’s and Obama’s in excess of 130 frighteningly Orwellian EO’s,  the imperial presidency has clearly taken on a life of its own, unchecked and tyrannical, effectively blurring any similarity to genuine republicanism.  In truth, all that holds this sham of a republic in place is the President's appearance of faithfulness to the constitution and a pervading hope that the President, whomever he or she might be, will kindly opt not to overstep his or her constitutional authority. But, if history is any authoritative guide, such self-inflicted delusion and misplaced confidence can only lead to national disaster.

Going forward, patriots everywhere had best pull out all stops to usher in a Constitution-first conservative takeover in DC. But, that’s only half the battle. Once elected, we must hold their corruptible feet to the fire to ensure a full restoration of our now deeply wounded constitutional republic, failing which only the dissolution of these united States by whatever means, violent or peaceful, is most certainly inevitable.

To be clear, EO's aren't a Progressive or Republican problem. EO's are an equal opportunity contagion. Both parties, all modern presidents, Congress, the Supreme Court, and, yes, We the People are culpable. If we deserve better, we will beget better.