Hostile Iowa Birds, the Texas terrorist attack thwarted,  disadvantaging privileged kids and silencing homeschoolers?

Direct download: mickelson-2015-05-05.mp3
Category:general -- posted at: 1:57pm CST

 

1.       We are a democracy.

2.       We have three equal branches of government.

3.      When a court rules, the opinion becomes law.

4.      When a treaty is signed because of the Supremacy clause, it can amend the Constitution.

5.      When someone is born in the United States, citizenship is automatic based upon the 14th Amendment.

6.      Congress can spend money on anything it wants with a majority vote for the general welfare.

 

I’ve been a radio talk host for a long time.  Over the years I’ve interviewed hundreds of politicians, including many presidential candidates.  You’d be astonished to discover how many of them (politicians)are simply collections of bumper stickers and cultural cliches.   The ones above are held by most.

 

1.       Article 4, Section four, “The United States shall guarantee to every state in this union a republican form of government…”  The framers hated the democratic impulse with a passion. Alexander Hamilton:  “We are a republican government.  Real liberty is never found in despotism or the extremes of democracy.”   John Adams:  “Democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”   Karl Marx:  “Democracy is the road to socialism.”

 

2.      Federalist 51:  “…the legislative authority necessarily predominates.”   Federalist 78: “The judiciary, on the contrary, has no influence over either the sword or the purse…is, beyond comparison, the weakest of the three departments of power…the general liberty of the people can never be endangered from that quarter.”

 

3.      Article VI. Section 2 of the US Constitution lists three things as “the supreme law of the land:” (1) This constitution; (2) The laws of the United States made in pursuance of it: and (3) All treaties made, or which shall be made, under the authority of the United States.”  You will notice by conspicuous absence, court opinions, because at the time of its writing nobody believed court decisions equaled law. With Blackstone, they believed that court opinion pursuant to law or treaty was “…evidence of law.”  And if a judge was mistaken about that law, then according to Blackstone, his opinion was not “bad law, but that was not law” at all.

 

4.      Alexander Hamilton: “Treaties…are not rules prescribed by the sovereign to the subject, but agreements between sovereign and sovereign…the only constitutional exception to the power of making treaties is that they shall not change the Constitution.”  Jefferson:  “…if the treaty making power is boundless, then we have no Constitution.”

 

5.      14th Amendment:  “…All persons born of naturalized in the United States and subject to the jurisdiction thereof, are hereby declared to be citizens of the United State and also of the state wherein they reside.”     This amendment added to the Constitution after the Civil War was designed to make citizens of former slaves.   It has been stretched to create birthright citizenship for anyone born here.  However, Senator Jacob Howard,  the author of 14th Amendment,  said in Senate debate,  “This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.  This will NOT, of course, include persons born in the United States who are foreigners, aliens…”

 

6.      Madison:   “…If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers,  but an indefinite one subject to particular exceptions…If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every state, county, and parish, and pay them out of the public treasury;  they may take into their own hands the education of children, establishing in like manner schools throughout the union, they may assume the provision for the poor; they may undertake the regulation of all roads other than post roads; in short, everything from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare….”

 

Apply these arguments with appropriate snarkiness.  Honest politicians will give you the deer in the headlights look followed by, “I didn’t know that.  Thanks.”   Others will go Nancy Pelosi on you, “Are you serious--are you serious?”   Then, they will never speak with you again.  Vote accordingly.

Category:general -- posted at: 12:42pm CST

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