Posts Tagged ‘constitutional limits’

Constitutional Usurpation

Monday, February 3rd, 2014

Dear Friends,

 

It seems to me, if I am not held to the Law, I will not follow the law. Moreover, if our elected leaders are not held to the Constitution, they will not follow it either. This not only applies to the US, where the Constitution has been bastardized by the New Class to their own purpose, but around the World. Human nature is unyielding. We do what we can get away with due to our egoistic self interest. No one among us is immune we are all subject to the demands of our egos. It is said that our emotions are like an elephant and our reason is merely a rider. Since politicians are human beings, they are as subject to this weakness in human nature as anyone, perhaps more, since they seek egoistic power over others. If we are to leave our children and their children, a World where people are free and prosperous, we must realize a means to counter this predilection in our leaders.

 

Think about it this way, if the laws against speeding are not enforced, people will speed more and more. As a result accidents will become more and more frequent and deadly. If the laws against drunk driving are not enforced as well the trend of more deadly accidents will accelerate. This is incontestable, we all know that we will do what we can get away with, and we all understand the repercussions. What we fail to realize however, is the same holds true for our elected leaders, but with far greater negative consequences.

 

The elite, like everyone, seek to exceed limits on their actions. In the case of the elected leaders, they want more freedom, to limit the freedom of others. Like the guy late for work, if he believes he will get away with exceeding the limit, he will do it. The repercussion to the society and culture from the elite exceeding their authority, as limited by the Constitution, are far more dangerous than merely allowing drunks to careen down the road fast as bullets. If we allow our leaders to surpass constitutional limits, the results include but are not limited to, famine, oppression, poverty, social strife, and hopelessness.

 

The predilection of the elite is only exacerbated, when those that are empowered with limiting the power and scope of government by their Constitutions, cheer and applaud when a would be usurper publicly announces he fully intends to practice arbitrary power. In this case the Constitution is nothing more than a cloak that gives the new tyrant’s usurpations a veil of legitimacy. When this happens the people have two options. Rise up and demand the Constitution be followed to the letter as intended or fall into line like lambs to the slaughter house. In such a society, where the people rise up immediately, the change back to Constitutional rule can be done with little or no blood shed, but where the people fall into line, whether it is for free stuff or fear of being called a name, eventually they will be led to slaughter and terror. Once that happens, if the people become enraged at the usurpations and rise up, we will be put down by deadly force and much blood will be shed, like in Tienanmen Square or Iran.

 

The right thing to do is never the easy thing to do. Most of the time we know the right thing to do but withhold action because it is seen as too difficult. Mo Ti wrote volumes about this facet of human nature, that we will do the hard thing to avoid the easy thing… In the case of a blatant usurper the right thing to do is to immediately write letters and articles, demonstrate, demand the Constitution be followed as written and intended, and otherwise act out. This is not easy, especially when the elite in the media, government and culture, back the usurper. But if it is not done and we fall into line like lambs the slaughter house cannot be far away.

 

In the US today we have a President who is so blatant about his usurpations he announces them to standing ovations like Adolph Hitler did. He is so confident that the American people will fall into line like lambs he openly avows he will practice arbitrary rule, like following laws as he sees fit, changing laws to suit his moods, bypasses other Constitutionally empowered branches of government and otherwise acts the dictator.

 

Using the spurious logic of “living breathing document” wasn’t undermining the Constitution fast enough, and we have become such sheep, he can do all these things without complaint from the very people he is avowing he will oppress. He knows the media will not hold him to any standard, the cultural elite back his incursions, and all other political factions behold his usurpations with admiration, drooling at the possibility they will get the same power if and when they come into office. The last hope to such a society, are the people who are awake and aware, we must demand our Constitution be followed. A NUMA is only a means to maintain Constitutional limits once they are reestablished. Like I said, if we do not hold the elite to the Constitution, they will not follow it, with all the consequences that will ensue. Lambs don’t write letters and don’t fight, they cry as their throat is slit, but to no avail… they have entered the slaughterhouse of their own free will.

 

 

Sincerely,

 

John Pepin

911 and the Surveillance State

Thursday, September 12th, 2013

Dear Friends,

 

It seems to me, one of the results of the 911 attacks on the World Trade Center, is the surveillance state we now live under. The surveillance state has been a long time coming but the terrorist attacks of 12 years ago greatly accelerated the trend. The elite seized on the opportunity to move ahead with their plan to monitor every aspect of our lives, not to protect us from terrorists, but to protect their shredding the Constitution from our outrage. This is a continuation of the elite’s overall scheme to move the US from a Constitutional republic to a socialist democracy. Anyone who has their eyes open must be alarmed at the development.

 

The NSA scandal has it’s roots in the 911 attacks. When the Patriot act was implemented and became law under George Bush it was sold as a means to protect the homeland from future terrorist attacks. The reality it seems, is far more sinister. The sweeping surveillance of the American people by our own government is Orwellian in it’s scope and intrusiveness. The Snowden leak is only the tip of the iceberg I’m afraid.

 

There is not a single aspect of our lives that is not monitored by our government. They vacuum up information from our Twitter and Facebook posts, our phone records, our personal information and our financial information. If you or I were to get just the phone records the government claims are not personal or private, we would be charged with a CPNI, (Customer Personal Information) crime. We would be tried with the full weight of Federal law. The irony is delicious. If those records are truly impersonal and not private then why is it illegal for us to gather that information? Because they are personal and private.

 

Many police cars have license plate readers that operate all the time. The readers log the owner of every car they pass, where that car is, at what time… and store that information in a government database. The government could conceivably use this information to model every American’s comings and goings. Software could use this data to predict not only where we are at any given time it could be used to predict our actions. Most major cities have government cameras on street corners. If these cameras are coupled with face recognition software they could be used to reduce the granularity of the police license plate readers. It is impossible to argue this is not an intrusion on our privacy.

 

Off site backup is a great idea and a wonderful business model but leaves anyone who uses it open to further government intrusion. Every bit of your hard drive is backed up on the firm’s server farm. They can have the very vest encryption software and have the most stringent privacy policies, but all that information is only a subpoena away from the government tracking your web habits, writings, political leanings, financial information and who your friends are. All in real time without you even knowing they are doing it! The problem is only magnified by cloud computing.

 

As we know, the government, not just the American government but all governments seek to increase their power over the citizenry. This is not new nor is it startling. Governments have always been this way and the United States founding fathers understood all too well this pernicious nature of government. That is why they put such stringent restrictions on the US government in the Constitution. Those restrictions have been under direct assault for over a century now. The fear that 911 caused in the American psyche was exploited to speed the scheme up.

 

Today if you or I bring up the Constitution we are scoffed at. Nancy Pelosy laughed when she was asked if Obama Care was Constitutional. The unbiased media derisively call those of us who argue on Constitutional grounds, “conspiracy theorists” and our own government has issued directives that clearly state that Constitutionalists are potential terrorists! Imagine that! Patriots who consider the Constitution a limiting document are called terrorists, but those who openly call for the overthrow of the US government, are not! Our government refuses even to call Islamic terrorists, who openly avow terror as a means to conquer the World, terrorists! This shows conclusively, the surveillance state is not aimed at real terrorists, it is aimed at citizens who seek to limit government on Constitutional grounds.

 

The IRS scandal is proof positive that the US government is, or at least has, used the apparatus of government to promote a political ideology, and we can reasonably extrapolate that scandal to any other surveillance program. If someone misuses one tool without consequence why wouldn’t they misuse other tools? Now the IRS is the gatekeeper of our health care as well as who gets tax free status. The ability to deny medical coverage to someone, due to his or her political ideology, is a very powerful tool to dominate citizens, by the political party that wields power. Coupled with the ambitious program to monitor our every move gives government unprecedented power to control us. There is no hiding from Big Brother government, and I am afraid that is exactly where we are headed, an Orwellian state… if we are not already there.

 

 

Sincerely,

 

John Pepin

The Threat of Bureaucracy.

Monday, March 25th, 2013

Dear Friends,

It seems to me, the bureaucratic part of the US government is not only unconstitutional, it poses the greatest risk to constitutionalism that exists today. Nowhere in the US Constitution is there permission given, for unelected administrators to pass laws, enforce those laws and punish infractions of their laws. Regulations that are written by bureaucrats have the full weight and measure of laws passed by elected members of Congress. Bureaucracy creates the darkness that allows unfettered growth of government intrusion. Regulation that stymies economic opportunities, limits people’s potential and protects the power and privilege of the Elite. To sharpen the point further, bureaucracy is not only a perversion of our founding principles, it has become immortal… like a demon, feeding on the rights of the people.

Bureaucracy is a threat for a myriad of reasons. The bureaucracy falls under the Executive, undermining the separation of powers in the Constitution, it works under the veil of darkness that bureaucracy provides, the members have no loyalty to the citizens, only to the department heads and other bureaucrats, but perhaps most alarming, is that bureaucracy changes the very relationship between the citizens and our government. The bureaucrat, being human, want’s job security and so there is no limit the bureaucrat will accept on his or her power to regulate, because that would put their cushy job at risk, thus immortalizing bureaucracy. Bureaucracy has the ability to pass thousands of pages of regulation annually. Think of it, tens of thousands of administrators, working tirelessly, passing pages of regulations every day, every month, and every year, regulating the most minute aspects of human existence, and that regulation necessarily becoming more intrusive each passing day.

The Founding Fathers of the US had in mind to limit the power, role and scope of government, by separating powers. They looked back at human history and recognized the natural progression of government. All the great civilizations were universally founded in some virtue, but over time, descended into totalitarianism. History shows this tendency of the Elite, invested with power over the affairs of men, to be without exception. The Founders understood this fact of human nature and sought to control it to protect mankind’s liberty. In this they looked at Constitutionalism as the best means available to limit the role, scope and power of the political Elite. They included Montesquieu’s Third Branch, taken from the Executive.

The Founders understood that it is usually the Executive that is the source of tyranny. Bureaucracy turns the logic of the Founders on it’s head, by coalescing all the power of government, back into the hands of the Executive. This is an obvious perversion of the most basic idea of the US Constitution, and renders moot Montesquieu’s idea of a Third branch, limiting the power of the Executive. Bureaucracy makes all other branches of government irrelevant by taking over all their functions. Even the Judiciary will become irrelevant as bureaucracy evolves to it’s natural end.

Some argue that Bureaucracy is efficient. They claim that the government could not maintain it’s scope and power, if bureaucracy were eliminated, and that all the good that comes from government regulation, clean air and water for example, would go away. The point they miss, (intentionally so), is that under the Federalist system, the Federal government was never supposed to have that power, scope or intrusiveness, to begin with! Those powers, under the Tenth Amendment, were given to the diverse States, to protect the environment, teach children, to build and maintain infrastructure. Furthermore, efficiency in oppression is not a good thing, and that is what bureaucracy must necessarialy become!

The individual States, have the Constitutional power to limit economic growth with regulation within their jurisdictions, they have the power even to set up bureaucracies. There are few limits to the power of the States under the US Constitution. Only those powers that are specifically given to the Federal government, and limits found in the Bill of Rights, are the State governments barred from enacting. Other than those few limitations the State government were given wide latitude to pass innovative laws and regulations. The States were to be little laboratories to test laws and regulations to plumb both their effectiveness and their utility. If a State’s regulations become so onerous economic activity is harmed, under the US Constitution, people have the right to vote with their feet, moving to a State with less oppressive laws. Under the new perverted Federal bureaucratic model… there is no escaping the oppression of the bureaucrat.

The State governments, the Legislative branch, and even the Judiciary, are being made redundant by bureaucracy. As power is moved further from the people and universalized, the limits on what government can,and cannot do, are blurred. Bureaucracy contributes to the natural growth of government power and eliminates the limits put on government by the Founders. That is why Bureaucracy is so dangerous… and why it is immortal. For true liberty to be restored, bureaucracy must be eliminated… but to kill an immortal is never easy, in fact, immortality bequeaths the immortal with arbitrary power as well as unlimited life.

Sincerely,

John Pepin

Obama’s Kill List

Monday, February 18th, 2013

Dear Friends,

It seems to me, Obama’s new found ability to order American citizens killed without charge or trial, is not only a slippery slope, it is the beginning of the end for our republic. It is hard to fathom that anyone who has knowledge of the US Constitution wouldn’t be screaming to the highest heavens about this usurpation of our Constitutional rights. Obama drapes himself with the flag, the Constitution and uses jingoistic rhetoric, to destroy these very things! It is amazing how few people are upset by this, and possibly the reason we are rapidly loosing our liberty, to this progressively communistic administration. If you don’t care that your children will be slaves to the state, you should stop reading at this point, because I am sure dancing with the stars or Gilligan’s Island is on TV.

The US Constitution is adamant, that no single person has the power to order an American citizen killed, regardless of his or her actions. The most heinous criminal is given a trial. Even predators of children are given this most basic of Constitutional protections. The right to a jury trial is one of the basic building blocks of our republic. The removal of which threatens to destabilize the very structure of our government. No edifice can stand the removal of critical support members and our government is no different.

Usurpation always start at the extremes. Caesar didn’t announce himself dictator of Rome overnight. He built support among the masses by handing out money and food. Later Roman Emperors called the practice Bread and Games. The Roman republic rotted from the inside by the continued usurpation of the Elite. It eventually became so hollowed out by the corroding of it’s founding principles, the republic that had lasted almost a thousand years, collapsed into the dark ages. The whole of humanity suffered as a result. The hollowing out of the American founding principles will result in no less catastrophe for the peoples of the World tomorrow.

Every time a founding principle is undermined for expediency it becomes a slippery slope. Abortion couldn’t be passed by the legislative branch so the Judicial branch overstepped it’s legal bounds and unilaterally ordered it. (A usurpation in it’s own right). Abortion was originally only to be done in the first trimester of pregnancy, but over time, it has perniciously grown, so that today it can be legally done the day before birth! Not only that, but the US CDC has issued a paper calling for “afterbirth abortions,” up to a year old! The slide continues. Seat belt laws were originally sold as a secondary offense only but in almost every state they have become primary offenses. The political Elite always struggle against the bonds put on them by the Constitution, and we see all to well that the Elite have succeeded in creating a government, where we have the appearance of Constitutional limits but in reality, they are no more restraining then toilet paper. These are but a very few examples of the slippery slope in politics.

Would it have been so hard to try Anwar al-Awlaki in absentia? Is there a jury in America, given his anti American rhetoric and traitorous actions, that wouldn’t have convicted him? Why then was a trial so onerous to Obama? He wanted to try The mastermind of 911 in New York? He wanted to release all the inmates in Gitmo… because Obama was offended that they had not received a trial. But Obama denies American citizens trial? Maybe he didn’t want the precedent set that a traitor should be executed? If a person displayed this level of inconsistency in anything else they would be called hypocrites at best and insane at worse.

News reports say Obama has a whole kill list! Why not try them all in absentia? Is it because they couldn’t be found guilty? If this is so then how can Obama justify his kill list? If, as is more likely the case, they would be easily found guilty, then why not try them? The legal system and Constitution provides us the means why don’t we use it? Is it because the administration wants the precedent set that it can unilaterally execute anyone they find inconvenient? What is the likely outcome of this precedent? Initially, those murdered by Our government in Our name, will be Islamic terrorists, but eventually the crime that begets presidential sanction, will slide down the scale of heinousness to mere political crimes. That, it would seem, is the goal. To allow the President to execute citizens who are politically opposed to this President and his successors. The history of communism shows this is the way Communists, like Obama, rule. Note, this is that very same path that brought Rome to it’s ruin. We travel down the same road to the same destination, extinction of our founding values and the total collapse of our republic into what, a new dark age? Who would want that other than a psychopath?

Sincerely,

John Pepin