Is a Political Balance of Powers “Unconstitutional?”
By JB Williams
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It’s an ironic and not so funny world which can see the extraordinary efforts of our nation’s Founders, to create a system of checks and balances, a balance of political and governmental powers, each to forever keep watch on the other in protection of the people’s inalienable rights as itself, an “unconstitutional” act. But this is the world we live in today…Last week, the Mississippi State Legislature was the first to introduce The Balance of Powers Act currently sweeping across all state legislatures, in their effort to protect and preserve the rights of the State and the people currently under direct and extreme assault from their federal government.
In HB490, members of the Mississippi legislature grabbed the lead in a nationwide rush to shut down the “unconstitutional” acts of an increasingly tyrannical federal government. Within hours, local leftist news reporters had dragged out a couple “law professors” to quote in opposition, using the same old false claims of unbridled and unchecked federal supremacy to attack any state legislator brave enough to dare challenge the almighty Fed.
A day later, well-known leftist blog Daily KOS was busy regurgitating the blatant hogwash that a constitutional balance of powers is “unconstitutional,” and just in case the people are too smart to fall for that line of nonsense, it’s “racist” too. In the immortal words of Gomer Pyle, “surprise-surprise”… These so-called “experts” were about to prove Thomas Jefferson right…
“The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine our Constitution from a co-ordinate of a general and special government to a general supreme one alone. This will lay all things at their feet. … I will say, that “against this every man should raise his voice,” and, more, should uplift his arm …” — Letter to Thomas Ritchie, Sept. 1820
193 years later, “expert law professionals” and their leftist blogosphere minions would prove Jefferson dead right, as they worked to convince American citizens that the constitution itself is “unconstitutional.”
Robert McElvaine, professor of history at Millsaps College, said all this bill will accomplish is to put Mississippi up for ridicule. “ ‘The Neutralization of Federal Law’?” he said. “I am astounded to see such a measure introduced in the 21st century. Do the authors of the bill see Mississippi as part of the United States?”
Of course Mississippi legislators see their state as part of the United States, which means they see themselves as a party to the compact which establishes the United States, the US Constitution and Bill of Rights.
The question is -- what does the good professor think the Founders meant in 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.”
Does Professor Robert McElvaine understand that the Mississippi bill does not seek to neutralize “constitutional acts” of the federal government, but rather the “unconstitutional acts” only? Or does the professor think that all federal acts are “constitutional?” Or does the professor really think that the Charters of Freedom died at some point in history, becoming nothing but a relic?
Be very careful professor, if the Constitution and Bill of Rights no longer exist, then the people and the states have no obligation to the federal government at all, including an obligation to follow any of its laws or pay any taxes. So, which way do you want it professor? It exists, or it doesn’t exist?
The local news report gets this part right – “The proposed Joint Legislative Committee on the Neutralization of Federal Law would review existing federal laws and executive orders and recommend those to be “neutralized.” If the majority of lawmakers back the recommendation, Mississippi “and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.”
Imagine that… A State could neutralize any “unconstitutional act” of the runaway federal government, based upon the State’s Rights protected by the Tenth Amendment in the Bill of Rights. Is the Tenth Amendment “constitutional?” Let’s ask another “expert…”
George Cochran, professor at the University of the Mississippi School of Law, said – “it’s obvious the bill is unconstitutional.” - “It all boils down to the same completely discredited argument,” he said. “When John C. Calhoun and South Carolina attempted to nullify federal law in the 1830s, President Andrew Jackson forcefully rejected the concept.” – said Cochran.
Is the professor suggesting that states do not have Tenth Amendment Rights? Is he suggesting that the states have rights, but no right to enforce those rights? What are these so-called “experts” saying? Are they saying that the Bill of Rights is no longer in force or in affect? If they are, I’m sure this will come as a surprise to even many of their leftist minions, who have fought for Constitutional and Civil Rights under the Bill of Rights for more than 200 years now…
Oh wait, we have a Civil Rights “expert” weighing in…
Director of the Fannie Lou Hamer National Institute on Citizenship and Democracy at Jackson State University, McLemore said, “In subtle and not so subtle ways in Mississippi — and a good bit of the South — we fight the Civil War every day. The drum-beating, rabid right-wingers long for those years, but we won’t revisit those years any time soon.”
So, the Balance of Powers established by the US Constitution and Bill of Rights is not only “unconstitutional,” – it’s an act of Civil War era “racism” too? We may revisit those years sooner than you think Director McLemore. What do you think happens in American once you convince the American people that their Constitution and Bill of Rights no longer exist? Why do you think Americans will refuse to be disarmed by your left-wing friends in the White House?
Has anyone noticed that all of these so-called “constitutional experts” are Democrats, fully supportive of the Democratic Party’s current Democratic Socialism and the right of their runaway federal government to run roughshod over the states and the people at will?
Is it the constitutionally grounded text of the Mississippi Balance of Powers Act designed to enforce existing state and individual rights that the “expert” left-wing nuts object to so vigorously? Or is it the Bill of Rights itself?
One need look no further than the current massive assault on all state and individual rights coming from the Democratic Left today, to understand that it is in fact the Constitution and Bill of Rights they object to, going so far as to directly attack the Second Amendment Rights of all law-abiding citizens while arming known terrorists all over the world.
To fully grasp the anti-American agenda of the political left today, look no further that Rahm Emanuel’s recent blackmail letter to our nation’s largest banks, in an effort to stop banking relations with gun manufacturers, cutting off the supply line to American citizens as the federal government buys up record stockpiles of weapons.
The people are witnessing with their own eyes, why states like Mississippi are rushing to protect all state and individual rights with the passage of The Balance of Powers Act. They are also witnessing the extreme left-wing “experts” like those quoted here today, who will kill the Constitution and Bill of Rights by simply declaring both “unconstitutional,” in their scholarly “expert” opinions.
Not so fast though…
Not so long ago, left-wingers thought Michigan would never become a Right to Work state, as ground zero for corrupt labor unions.
A Federal appeals court just ruled Obama’s “recess appointments” unconstitutional and thereby, illegal, demonstrating that not all members of the law profession have dismissed the constitution.
Times, they are a changing… Necessity is the mother of invention my friends. It wasn’t until the federal government started behaving in tyrannical fashion, shredding the Constitution and Bill of Rights in a thousand assaults on state and individual rights every day, that the states found it necessary to take matters into their own hands with The Balance of Powers Act.
The “experts” seem to have forgotten that the US Constitution and the Federal Government exists at the pleasure of the states which created it and gave it limited authority. They seem to have forgotten that it is the union of the sovereign states that make up The United States and that as Joseph Story reminded everyone in 1833 – “In the next place, the state governments are, by the very theory of the constitution, essential constituent parts of the general government. They can exist without the latter, but the latter cannot exist without them.”
The current federal administration has not only sought to unconstitutionally seize control over every aspect of individual lives and the economy, they have acted to destroy the Charters of Freedom altogether. They have also driven our nation to more than $16 trillion in federal debt.
But that is a drop in the bucket to their financial woes if in fact, the “legal experts” are right. If the Constitution and Bill of Rights no longer exist in force or affect, then the union and the federal government itself no longer exists, or at least, no citizen or state is obligated to abide by any of the laws, regulations and taxes that can only exist under the terms and conditions of the Constitution and Bill of Rights.
Clearly, it is not possible for the Bill of Rights to be “unconstitutional.” So, the strategy of the left is to discredit and belittle anyone who attempts to uphold and defend the Constitution and Bill of Rights as “not knowing what they are doing.”
Thankfully, our Founders wrote the Charters of Freedom in plain simple English, so that any 3rd grader could read and comprehend its true meaning without the help of any so-called “experts.” As a result, even if legal beagles don’t know what the Founders meant by “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” -- And “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.”— Citizens with above a 3rd grade reading comprehension level do.
Leftists want to attach the Constitutional Balance of Powers Act to the “nullifiers” they have already successfully labeled “crackpots.” Why not… The Balance of Powers Act covers a thousand “nullification” bills and then some. Of course those who want to leave the Constitution and Bill of Rights in the dust bin of historical relics will use any means to do it.
However, leftists are not the only “constitutional experts” in America.
If the left-wing nuts really want a public debate over the constitutionality of The Balance of Powers Act, I hereby challenge them to just such an event.
Any left-wing legal propagandist willing to publicly assert that the Balance of Powers Act is in any way “unconstitutional” can contact the research team made up of legal professional that drafted it by using the contact button at The North American Law Center. They will be happy to arrange an open debate on these matters, videotaped and published for ALL American citizens to view and draw their own conclusions.
I doubt any of the legal propagandists will dare show for such a debate, but what a wonderful event that would be… Instead, they will attack individuals involved in preserving the Constitutional Republic - make false claims that the Bill of Rights is somehow “unconstitutional” - or no longer in force or affect.
I warn these folks one last time to be careful what they wish for… You are not going to like how a lawless society no longer committed to a compact with the federal government they created, manage those who assault their rights. You will come armed with your precedents and procedures, but the people will be armed with their Second Amendment. This is not a fight you want… Such things are better settled peacefully.
For more information on passing the Balance of Powers Act in your state, contact The North American Law Center.
JB Williams
Co-Founder
www.PatriotsUnion.org
www.VeteranDefenders.org
www.ThePatriotsNews.com
Co-Founder
www.PatriotsUnion.org
www.VeteranDefenders.org
www.ThePatriotsNews.com
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JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, writer and a business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization preparing to take on American's greatest legal battles. Williams receives mail at: jb.uspu@gmail.com
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