The Need To Do Our Duty.

The Tea Party and many others continue to push for a balanced budget amendment to the Constitution of the United States. In theory, this amendment is necessary to further restrain the powers of a government that is becoming more Tyrannical every day. In practice a balanced budget amendment, no matter how well written, would be only as good as the paper it is written on. The federal government is and has been usurping powers not delegated it by the states via the contract that created the federal government, The Constitution of the United States, for decades. The Democrats and Republicans have equally violated the Constitution and usurped powers. For too long we the people have sat back and done nothing to stop the Tyranny. In general, the Democrats want to steal from those that are willing to work to give to those that aren't willing to work. In general, the Republicans want to limit the freedoms of one group based on the morals of another group. Both of these are forms of infringement on freedom and liberty and therefore in direct violation of the Constitution of the United States. Both sides should be condemned for such behavior.

Before the original states would ratify the Constitution they required that the first ten amendments be adopted. These amendments are also known as the Bill of Rights. These codified rights are bestowed on every person by their Creator. They existed long before governments were instituted and they will exist long after governments have gone. It is obvious since these rights are unalienable and existed before government that these rights, including those not codified but just as real, are free from state abuse as well. There would be no reason for the founding fathers to codify the right to free speech if they believe this right could then be removed by each and every state.

The Bill of Rights has a preamble which is often excluded from copies of the document. Once you read the preamble you will understand why it is often left off. The preamble reads as follows: “THE conventions of a number of States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.” This preamble is clear and unambiguous. Even so, the legislative, executive and judicial branches of government have violated all of the Constitution at one time or another for decades if not a century or more.

The Congress has made laws prohibiting the free exercise of religion. It has made laws abridging the freedom of speech, press and peaceable assembly. It was not passed laws but unless you have millions of dollars there is little process for petitioning the Government for a redress of grievances. All in violation of the very first amendment to the Constitution,

The Congress has violated the second amendment as well. It has not only made laws infringing on the rights of the people to keep and bear arms, it has created an agency, the ATF, whose sole purpose is to enforce those infringements and even increase those infringements through “regulation.” I quote regulation because a regulation is a law because a violation of that regulation results in punishment of some kind. The Constitution delegates the power to create law only to the Congress and its duly elected members. Congress can't delegate the power to create law without an properly ratified amendment to the Constitution. Yet Congress has done this in many areas.

To my knowledge Congress has not yet violated the third amendment which is about quartering soldiers.

The Congress has violated the fourth amendment, most recently with legislation known as the Patriot Act. It's strange how the titles of the legislation are usually the exact opposite of the intent of the legislation. Even the federal courts, including the supreme court, have violated this amendment. We are no longer secure in our persons, houses and papers against unreasonable searches and seizures.

The Congress and States have violated the fifth amendment. The federal government violates the “double jeopardy” clause by trying defendants for civil rights violations after the defendant has been acquitted in the state for the underlying crime that caused the supposed civil rights violation. I admit that my opinion is arguable. The states violate the same clause with third strike laws. In these cases, the defendants are being held accountable from crimes already committed and punished.

The Judicial of both state and federal governments violate the sixth amendment by restricting who may or may not be a witness or what evidence may or may not be presented. Both also violate the speedy part this amendment.

The Judicial of both state and federal governments violate the seventh amendments. That amendment says: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trail by jury shall be preserved, and no fact tried by a jury, shall be otherwise be reexamined in any court of the United States, than according to the rules of common law.” Again, when a state acquits a defendant and the federal government tries the defendant for the same basic underlying crime, this is a violation. States do similar things.

The judicial of both state and federal governments violate the eighth amendment. Excessive bail happens and worse yet, no bail happens. Also, with the three strikes laws, cruel and unusual punishment is inflicted often. Recently, Alex Trebek's hotel room was burglarized. The defendant is facing life in prison for that burglary. While I certainly don't condone burglary nor repeat offenders, I do believe that life in prison for a burglary is cruel and unusual.

The Congress and the Judicial of the federal government regularly violates the ninth amendment. The Constitution delegates no authority to the federal government to regulate any kind of plant, food or other similar product. The Congress and the Courts claim that the commerce clause gives them the power to regulate these things. If indeed, the commerce clause did this, there would be no need for the rest of the Constitution because the Congress could control everything. Regulate in this case means to make regular. In other words, one state can't trade a product to one state at one price and to another state at another price or to one state but to no other. The Congress has abused this clause for to long and the courts have assisted in this Tyranny. The violation of the amendment occurs when people are put in prison for federal drug laws for which the government has no authority to create and enforce such laws. America accounts for about 5% of the world population yet it locks up more than 20%
. A vast majority of these prisoners are for non-violent drug offenses. This is absurd and has created a vast, highly profitable business in housing and feeding these prisoners and also by fighting the war on some drugs. A war that, on the federal level, is completely unconstitutional and therefore illegal.

The Congress regularly violates the tenth amendment, the drug war is just one example of many.

Article one, Section eight of the Constitution enumerates the powers that Congress has been delegated. The final part of Section 8 says that Congress can 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. Many Congressmen and others that want ever bigger government usually stop that sentence after “necessary and proper.” Again, if the sentence stopped there, there would be no need for the rest of the Constitution because this would give them broad discretion on what is necessary and proper. It is clear that necessary and proper refers only to the powers delegated them by the Constitution.

In Federalist Paper number 45, James Madison says “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” What we have today is the exact opposite of that. The federal government is usurping powers not delegated it by the States and the state governments have grown so dependent on federal handouts that they refuse to stand against the leviathan that we have allowed to grow. Only when we are willing to do our duties to stand against Tyranny will we be able to return to the limited federal government that our founders created for us. The states entered into the contract that created the federal government with the expectation that such government would honor its side of the contract. The contract of course is the Constitution of the United States. Our founders also knew that men, given power, would become corrupt and Tyrannical. That is why they put the control of the government in the hands of the people. However, they also knew that the Republic created by the Constitution could only remain as long as the people were diligent in doing their duty to uphold and defend the Constitution. How can we expect the government to care about our liberty and freedom if we are not willing to stand against those that would wish to destroy that liberty and freedom?