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Saturday, December 5, 2009

Timothy N. Baldwin, JD.:OUR DEAD CONSTITUTION

"Our Constitution is dead. Rigor mortis set in a long time ago. Peculiar enough, many Americans who claim to love our constitution believe it is alive and well with hot red blood running through its vein. Plainly put: they are naïve, deceived or ignorant. Those who killed the constitution (and their posterity, with whom we are living today) pick up the dead corpse, move it around like a puppet on strings, put make up on it to make it look pretty, prop it up against a wall to stand on its own, and proclaim and swear an oath to us and God that they will preserve, defend and protect what they know to be dead. Ironically, they accomplish this, in part, through what they term a 'living constitution', which has bled the life’s blood from our constitution. Unfortunately, most Americans fail to see that our political circumstances are very similar and parallel to those which our founders considered to be a line in the sand.

"Claude Halstead Van Tyne, in his book, The Causes of the War of Independence, describes the circumstances which caused America’s War for Independence. The cause was not 'taxation without representation' per se. It was not 'the government is too big' per se. It was not 'taxes are too high' per se. It was the concept that government is limited by the principles of freedom found in the laws of Nature and Nature’s God and secured by their constitution; and government actions taken beyond those limitations are to be met with resistance. In Van Tyne’s description of this causation, what is strikingly similar to our current situation is that Great Britain considered their constitution to be 'living' and to give Parliament and King George the power, authority and right to essentially act in whatever manner it deemed appropriate. Van Tyne observes,

"'The contrast cannot be too strongly insisted upon. Samuel Adams and many of his fellow countrymen, on the one hand, believed that the British Constitution was fixed by "the law of God and nature," and founded in the principles of law and reason so that Parliament could not alter it, but Lord Mansfield and his followers, on the other hand, asserted rightly that "the constitution of this country has been always in a moving state, either gaining or losing something," and "there are things even in Magna Charta which are not constitutional now" and others which an act of Parliament might change. Between two such conceptions of the powers of government compromise was difficult to attain… Such differences in ideals were as important causes of a breaking up of the empire [of Great Britain] as more concrete matters like oppressive taxation.' The Causes of the War of Independence, Volume 1, (Boston, MA: Houghton Mifflin Company, 1922), 235, 237.

"Great Britain’s political ideology is the same ideology that 99% of our federal politicians demonstrate today! This is just what Congressman Henry Hyde (R) expressed in 2006, when he responded to Congressman Ron Paul’s claim that Congress must declare war before G.W. Bush can constitutionally launch (what is now) an eight year and growing war half way across the world, sending hundreds of thousands of American soldiers to risk their lives and die and spending hundreds of billions of tax payer monies to support the same. Hyde says, 'There are things in the Constitution that have been overtaken by events, by time. Declaration of war is one of them. There are things no longer relevant to a modern society.' James T. Bennett, Homeland Security Scams, (Piscataway, NJ: Transaction Publishers, 2006), 133. Did the vast majority of Congressmen (Republican and Democrat, House and Senate) believe the same as Hyde? We know they did because they continued to shirk and even ignore their constitutional obligation to declare war, while funding the same with our money and with our lives--all contrary to the constitution, to the lessons of human history and to the principles of self-government and limited government.

"Many thousands of persons all across America repeatedly and continually scream the voice of discontent of unconstitutional government. Thousands of books have been written on how the constitution has been ignored, trampled, despised, and even laughed at by those we elect to uphold that very document and the principles founding it. I do not need delineate the (not so 'light and transient') abuses, encroachments, and usurpations upon our constitution. It is a known fact. It is admitted. There is no hiding it. The long train of abuses is evident, established and provable. Our federal government has, through fraud, deceit, force and bribe, converted our once Constitutional Federal Republic into a Despotic National Oligarchy. We now have the same (if not worse) form and type of government that we seceded from in 1776. Yet, many people who claim to love the constitution will criticize those who recommend a different course of action other than voting for a President who will hopefully appoint a 'conservative' judge to the supreme court; other than focusing our solutions on Washington D.C.; other than playing political games with those causing and controlling all that we claim to despise; or other than confining our redress to federal courts and two political parties."

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