Liberty in the Breach

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Liberty 07/11/2012 (a.m.)

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  • Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights.

    Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

    While Congress has passed many an unConstitutional Law regarding “National Emergency Powers”, there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.  

    Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. 

    Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to “provide for the common
    Defense and general Welfare,” the commerce clause, its war, armed forces, and militia powers, and the “necessary and proper” clause empowering it to make such laws as are required to fulfill the executions of “the foregoing Powers, and all other Powers
    vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

    But this issue of “implied” powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: “enumerated powers”.  The United States is a government of enumerated powers.  Not “implied” powers”!!!!  If it’s not enumerated, it doesn’t exist.  The branches of government can only exercise those powers enumerated.  That’sit.  End of story.

    That’s the foundation of “limited” government.  It’s also fundamental to the checks and balance derived from separated powers.

    Nowhere in the Constitution is there an enumerated power granting any branch of government the authority to suspend the Constitution or Bill of Rights in part or whole.  Nowhere.

    The closest references we find are in Article 1, Section 9 of the Constitution regarding the Writ of Habes Corpus, and, in the 5th Amendment to the Constitution (Bill of Rights):

    Article 1, Section 9 :: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it.”

    5th Amendment :: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger…”.

    Note that the 5th Amendment reserves the charging power to the citizens (Grand Jury).  It does not give that power to the government – even in times of War or public danger.  In fact, even in times of War the government is powerless to charge any citizen with a crime unless and until authorized by a Grand Jury of citizens.

    Seems very clear to me.  But then, i understand the meaning of “enumerated powers”.  I also understand why the statist insist on some kind of “implied power”.  It’s the only way they can breach the Constitution.

    US President Barack Obama quietly signed his name to an Executive Order on Friday, allowing the White House to control all private communications in the country in the name of national security.
    President Obama released his latest Executive Order on Friday, July 6, a 2,205-word statement offered as the “Assignment of National Security and Emergency Preparedness Communications Functions.” And although the president chose not to commemorate the signing with much fanfare, the powers he provides to himself and the federal government under the latest order are among the most far-reaching yet of any of his executive decisions.

    Tags: Obammunism, executive-orders

  • “Obamacare is the biggest victory for President Obama, biggest loss of personal freedom, downgrading of medical care quality, highest tax hike…..”

    Dr. Paugh provides us with the best summary yet of what the monstrous Obamacare Tax will do to destroy the world’s best healthcare system.

    The Congressional Research Service Report for Congress, “A Brief Overview of the Law, Implementation, and Legal Challenges,” gives a new definition to Nancy Pelosi’s statement that we had “to pass Obamacare to find out what’s in it.” Not only did Congressmen not read the 2,700-page law before they voted and passed it by twisting arms and briberies, but they now have to be informed of the disaster they have created. (C. Stephen Redhead, Hinda Chaikind, Bernadette Fernandez, Jennifer Staman, July 3, 2012)

    The unfortunately named Patient Protection and Affordable Care Act (PPACA) of 2010, passed by 111th Congress, touted the following:

    …. increased access to health insurance coverage (not necessarily access to health care)

    ….. expansion of federal private health insurance market requirements

    ….. creation of health insurance exchanges to provide individuals and small employers with access to insurance

    ….. expansion of Medicaid coverage

    Tags: Dr-Paugh, ObamaCare-TAX, IRS-care

  • What a wonderful web site this is!  A great resource for those fighting for freedom, fending off the tyranny of statist, socialist and Marxists.

    Tags: thirty-enumerated-powers, tenth-amendment, tenthers

  • Tags: banksters, penalties, hanging

    • But Nouriel Roubini is a lot more mainstream than Keiser – or even Stiglitz – being very close to Treasury Secretary Tim Geithner.  See this and this.

      Roubini told Bloomberg that nothing has changed since the start of the financial crisis, and we might need to throw bankers in jail – or hang them in the streets – before they’ll change:

      Nobody has gone to jail since the financial crisis. The banks, they do things that are illegal and at best they slap on them a fine.  If some people end up in jail, maybe that will teach a lesson to somebody.  Or somebody hanging in the streets.

  • Tags: politics, problem-solving

    • Video

      Beginning scene of the new HBO
      series The Newsroom.

Posted from Diigo. The rest of Socialism and the End of the American Dream group favorite links are here.

Written by garylyn

July 11, 2012 at 12:40 am

Posted in Uncategorized

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