In my previous post regarding the House Bill introduced by Peter King and backed by Mike Thompson, it was a pointing out that this bill violated the Second Amendment and eradicated the Fifth Amendment if citizens are denied the right of due process to challenge the government’s designation of placing him/her on a “no fly” list. The expert on the Constitution used frequently, Publius Huldah, graciously reminded me that it is also a usurpation as the bill falls outside the enumerated powers of Congress. Likewise, Congress, nor the executive or judicial, are exerted any authority over the limiting of travel by citizens or limiting the right to bear arms.
If you read the Constitution of the united States of America, you will find that Article I outlines 17-19 powers delegated to it by “we the people.” Those powers are:
- The Census;
- Commerce with foreign nations, among the several States and with Indian Tribes;
- Immigration and Naturalization; Bankruptcy laws;
- Minting of currency and regulating value and punishing counterfeiters;
- Standards of weights and measurements;
- Establish Post office and Post roads;
- patent office to protect inventors and copyright laws to protect authors;
- Borrow money on behalf of the United States and pay the debts;
- Establish federal courts;
- Keep and publish journals of the House and Senate;
- Salaries of both chambers of Congress and civil officers of the United States;
- Maintain a Navy, raise and support an army for only two years by appropriation of funds;
- Declare war, grant letters of Marquis and Reprisal;
- Punish piracies and felonies committed on the high seas;
- Militia and citizen militias;
- Pay tax collectors;
- Attorney General to handle the limited litigation involving the national government;
- pay for the President’s entertainment expenses for foreign dignitaries; and
- authority over forts, magazines, arsenals, dock-yards and other needful buildings along with the spending for these limited properties.
It depends on how you look at it when determining powers; but, these are all the powers Congress is allowed in the Constitution. Anyway you read it, firearms control is not there.
Obama claims he will use his infamous “pen and phone” to enact legislation or change legislation when Congress fails to do so. Does the Constitution give a president that power? No, it does not. The powers delegated to the president via the Constitution are:
- Make treaties, with the advice and consent of the Senate — he cannot do so without the check provided by the Constitution;
- Make appointments, with the advice and consent of the Senate — ambassadors, other public ministers and consuls, judges of the Supreme Court, and officers of the United States not otherwise provided for, and which shall be established by law;
- Fill vacancies that occur during the Recess of the Senate, which expire at the end of the next Senate session;
- Entertain and receive ambassadors and other dignitaries;
- Give a State of the Union address to Congress;
- Ensure the laws are faithfully executed — meaning enforcing constitutional laws passed by Congress and rejecting unconstitutional laws passed by Congress through executive action;
- Commission officers of the United States;
- Grant pardons and reprieves for offenses against the United States, except in cases of impeachment.
No where does the Constitution allow a president to “legislate” new laws or change existing ones when Congress doesn’t enact laws he wants or change laws he doesn’t like. He does not have the discretion to break the law, instruct others to break the law unless that law violates the Constitution, or operate independent of Congress.
Yes, Commander in Chief of the military services was left out as the Constitution only allows the president to assume that role when Congress declares war. Only Congress can call forth the military services into service of the united States; however, Congress has allowed presidents to use the military at their discretion in their “pet” conflicts and meddling into other sovereign nations’ governments.
The last time Congress officially issued a declaration of war was in 1941 to enter World War II. A sitting president does not exercise control over the military services or is Commander in Chief unless the military is called into service by Congress. What Americans have witnessed over time going all the way back for over 100 years have been usurpations by various presidents and Congresses.
The House of Representatives holds within it the power to initiate Articles of Impeachment against a president while the Senate holds the trial power and authority to convict. Being that both chambers of Congress and the president are in violation of the enumerated powers of the Constitution, the remedy becomes the people removing these elements from office using the ballot box.
When that fails, the founding fathers recognized the need for armed removal which is why the Second Amendment exists and no government can infringe upon it. Rights are given by God, not government and not the Constitution. For if government was the grantor of rights, it would have the power to take those rights from the people. Since God is the grantor of rights, only the individual can voluntarily choose to surrender those rights. Governments were secured by men to protect individual rights. A group or groups of individuals have not the right to decide who is a beneficiary of rights and who is not. Each time we bow to the whims of political correctness, we voluntarily relinquish individual rights to a group that possesses no authority to demand an individual give up his/her rights.
Neither the legislative branch or the executive branch can deny an individual the right to due process as it is outside the enumerated powers of both. Yet, that is exactly what has been done under the PATRIOT Act with “no-fly” lists, the National Defense Authorization Act (NDAA) through indefinite detention, and the allowance of the executive to conduct drone strikes against American citizens thereby denying due process and committing murder. It matters not under what banner these charlatans use to rationalize or justify their actions. Denying a united States citizen the right of due process is a violation of the Constitution, a usurpation and commission of a crime.
Just as the executive branch is not granted authority in the Constitution to make law or enact legislation, neither is the Supreme Court or any other court. Courts render decisions only applicable to the litigants in the case. Yet, citizens of this nation have been conditioned and lied to in order to accept Supreme Court decisions as law — those decisions are not law. It is up to the legislative body to enact law upon Supreme Court decisions affecting only the cases authorized by the Constitution to go before the Supreme Court. The erroneous rulings by the Supreme Court declared as “the law of the land” are again, usurpations, as the Supreme Court has interpreted the Constitution to their whim to hear cases it is not authorized to hear.
Usurpation is the name of the game with Congress being complicit in aiding Obama to declare himself the maker of law, like a King or dictator. The Supreme Court, engaging in usurpation, backs up these charlatans.
It is an alliance warned of by Alexander Hamilton in the Federalist Papers No. 78. Hamilton writing declares, “For I agree, that ‘there is no liberty, if the power of judging be not separated from the legislative and executive powers.’ And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments; ….” Hamilton made the case that the nature of service of Supreme Court justices, during times of good behavior, which some view as permanent, but is truly not, would be enough to dissuade these alliances from forming.
Of course, the Supreme Court, on its own, many decades back usurped its constitutional authority to hear cases outside those authorized by the Constitution.
Our nation is standing at a crossroads and has been for quite some time. But, now, it is being pushed down the road leading to tyranny and despotism by groups of individuals bearing an agenda that eradicates freedoms and liberties for all. It is time to dig in and refuse to be pushed where we don’t want to go; then, push back against those trying to lead us into tyranny and despotism in order to take the road back to freedom and liberty.
Please educate yourself regarding the Constitution and the Declaration of Independence using the information and research provided by Publius Huldah. It is an excellent composition developed to assist the citizens in understanding our founding documents. If you have questions, she is more than happy to answer them and provide guidance. A link to her website can also be found under the Information and Resources page.