When is the President the Commander in Chief?

In the 20th century, America has been involved in 19 conflicts in which Congress has not declared war as the Constitution requires and service members have lost their lives in each of these 19 conflicts. The total number of service members who died as a result of these unconstitutional wars, which are conflicts not declared by the constitutionally predetermined authority, is less than 100,000. But even the loss of one life is a tragedy to the family of the killed service member and is completely illegal when the conflict was not approved by representatives of the people and the States.

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Who is General Welfare?

If we were to go “Jay-Walking” across America, randomly asking people about the US Constitution’s general welfare clause, we might get the question in return, “who?” Yet, general welfare is a ‘what’ not a ‘who’ and scholarly left-leaning individuals would quickly define the clause by linking it to social justice; a concept completely at odds with America’s founding principles and the clause’s original intent.

Social justice, which is based on equality of outcome, is a euphemism for social in-justice, because as socialism and communalism’s founding principle it violates God given rights to achieve social equality. These utopian ideas may sound good to the uninformed ear, but in order to achieve outcome equality government or some other authority within society must take property and possessions from those who have more than others and redistribute it to those who do not. Redistribution of wealth is a Marxist idea that should not have any place in American society!

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Restoring the Electoral College

Recently, the Electoral College has weathered numerous assaults by people who desire to either modify or completely abolish it via a constitutional amendment, but the founders instituted it as a vital check and balance to our governmental system. Although, the Electoral College is not perfect, it is better than any other electoral alternative, because it is the only system that can preserve the republican form of government guaranteed in Article IV Section 4 of the US Constitution. It also preserves federalism in the election of America’s highest office, amplifies the voice of minorities, limits the opportunity for voter fraud, incentivizes candidates to mobilize national constituencies, encourages people to organize around their specific interests, and induces candidates to devote resources to voter registration and education.

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Law of Nations

The Law of Nations, which governs how one nation relates to another, was so much a part of our founding culture that the framers of the Constitution only referenced it once in the Constitution, in which it states: “To define and punish piracies and felonies committed on the high seas and offences against the Law of Nations.”[1] Although, only referenced once in the Constitution it was referenced thirteen times, according to Madison’s notes, by Constitutional Convention delegates during the Constitutional Convention and Supreme Court Justice Joseph Story in his Commentaries on the Constitution referenced it numerous times when expounding on Constitutional clauses dealing with foreign policy. Additionally, one can also see evidence of the Law of Nations articulated in George Washington’s farewell address, the Monroe Doctrine, in every President’s Congressional request for a declaration of war until the Civil War, and in other writings of our founders. The absence of a declaratory statement identifying the Law of Nations as the foundation of American foreign policy should not be taken to mean that its tenants are any less binding today. Just like English Common Law was the foundation upon which the Constitution was written, so too is the Law of Nations the foundation upon which the framers defined the foreign policy powers delegated to our national government from the people.

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Fixing Public Education

The Chicago Teacher’s Union strike, in September of 2012, is yet another reminder of how unproductive our public education system has become. Over 400,000 students had to stay at home while the teacher’s union and teachers held Chicago hostage for a 25% increase in salary and a halt on teacher performance standards. If those demands were not greedy enough by themselves, they came on top of the fact that Chicago teachers were already the highest paid in our nation. Their average salary at the time was approximately $76K per year while the tax payer, who has to support them, averaged only around $46K per year.

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Ruled by Man Not by Law

America’s legal system has been set adrift on a sea of unfounded personal opinion by modern legal scholars. In the last fifty years or more, most judges in America examine case histories to find precedents that allow them to make rulings based on their humanistic opinion of how society should function. This practice is equivalent to discarding all standards of measure and asking judges to estimate the length of a yard every time there is a dispute, which they will never do with precision or accuracy. In this way laws are imposed upon society, because they are not passed through Congress whose members are elected to represent the people, and the rule of law is replaced by the rule of man.

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This entry was posted on September 10, 2012, in Law. 2 Comments

Is Religion the Foundation of Justice and Law?

Atheists in America complain that having the Ten Commandments as the foundation of American law is an imposition of religion upon them. However, religion, justice and law are inseparably linked, because justice and law are always based on religion. The logic connecting these concepts is found in the dictionary definitions of each and the understanding of how societies form around common ideas.

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The Origin of Rights

Too many people in America act and speak as if they believe rights, protected by the US Constitution, are granted by government, and therefore can be diminished or abolished by government decree. This assumption is not only wrong it is dangerous to the well being of every man, woman, and child in America, because if government is allowed to do this then no one’s life, liberty, or property is secure. Legally, this assumption does not have any precedent set in America’s founding documents and will not stand up in a court of law dedicated to biblical truth and justice.

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Impeaching Supreme Court Justices

Although most American citizens incorrectly believe Supreme Court Justices are appointed for life and therefore somehow immune from public accountability, this understanding is contrary to our Constitution, which is the supreme Law of the Land. Article III, Section 1 of the Constitution states, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.” Accordingly, it is for a term of good behavior our federal judges hold their office, not life, and they can be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

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This entry was posted on August 14, 2012, in Law. 1 Comment

One Nation Back to God Speech Saturday 11 Aug 2012

As I look back across the history of America, I ironically find enlightening the words of a New York Anti-Federalist who wrote under the pseudonym John DeWitt. An Anti-Federalist was one who opposed the ratification of the US Constitution, because as they argued, the Constitution gave too much power to a central government, which it would ultimately abuse. An Anti-Federalist instead wanted to have a decentralized government with the most legislative power residing in local governments that were closest to the people.

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