Posts Tagged ‘constitutional rule’

All Hail Our New Oligarchs!!

Thursday, July 2nd, 2015

Dear Friends,

It seems to me, we are seeing the results of the new class’ idea that Our Constitution is a “living breathing document” philosophy, in that what it says is irrelevant, what it means is a non sequitur and the original intent is now utterly abandoned. So now, instead of a fixed document strictly enumerating the role, powers and limitations of our government, we have a meaningless rag that exists only to give the new class elite a faux legitimacy. Therefore, we now live under what the ancient Greeks called, arbitrary rule. The laws are arbitrarily set and enforced by the elite for their benefit, not the benefit of society. The new class is a defacto aristocracy, they are the only source for every judge, lawyer, congressman, President, college professor, reporter, editor, etc… Aristotle called an aristocracy that serves it’s own interest oligarchy. So our once Constitutional republic with a limited role of government has metamorphosed into an oligarchy that has arbitrary power.

What makes a king a king? Public opinion… If the people woke one morning and forgot that King Eggbert was king, and thought Wilbur Underwater is and has always been king, Wilbur would be king. If Eggbert stood and proclaimed he was and had always been king, he would be put in an insane asylum. It is as simple as that. If the public believe a person is king, then he or she is, alternatively, if the public believes the government can do a thing, then it can. If someone stands and proclaims that thing is illegal for the government to do, he or she will be roundly criticized a fool, since everyone “knows” they can! That is why the elite today get away with what they are doing, the public’s opinion is that they can. Public opinion has been changed from understanding the original meaning of the Constitution and the Framer’s intent, to a contemptible ignorance of it, because the new class has been pushing that message into the zeitgeist for generations.

The Legislative branch has abdicated it’s powers to the Executive and the Judicial. Laws are now made, enforced and infractions punished by the Executive. The Bureaucracy is essentially Philip Dru Administrator. It answers to no one but the President, making the President essentially a king in fact if not in name. The Legislative branch refuses to use it’s power of the purse to reign in an out of control President, because they support the US becoming an oligarchy with arbitrary rule. Since they are the oligarchs. If a President tried to return the US to Constitutional rule however, he or she would be assaulted by every branch of the government, media and the professional agitators. The new class hold on the mechanism of government is iron fisted.

The Judicial Branch has been increasing it’s law making powers for generations. In the 1940’s, the Supreme Court ruled that if the Federal government wants, it can outlaw people growing their own food on their own land. As absurd as that sounds it was a landmark ruling for Franklin Roosevelt and his progressive policies. That ruling led to the bureaucracy. In 1973 the Supreme Court invented a new “right,” that a woman could murder her unborn baby at any time for any reason. Since there was no negative consequences for the judges who made up a new right and wrote it into our Constitution outside the prescribed Constitutional process, (they should have been impeached by the Legislative branch), that opened up the total power of the Supreme Court to change our Constitution, however and whenever they wished, for whatever reason. In 1989 Mistretta v. United States the Supreme Court ruled the Legislative Branch could delegate it’s law making powers to the Exectutive, ie, the Bureaucracy, in violation of the nondelegation philosophy. All of which led directly to the newest usurpations by the Supreme Court, Gay marriage and rewriting Obama care.

The ruling about gay marriage is not about giving someone a new right, it is about forcing others to do what government wants. No one cares what consenting adults do. I am not trying to force others to follow my morality, Gay marriage however forces me to follow theirs. If a Gay couple want to force a business owner to be involved in their wedding, regardless of the moral conviction of that business owner, the full power and weight of the Federal government will come down on him or her forcing them to. What a slippery slope that is!! What it now establishes is that the government is now the arbiter of morality! Believe something other than what the government wants and they can punish you for your very thoughts.

Book burning cannot be far away now. All the government need do is label the ideas in any book “hate speech,” and it follows, they can seize all the copies and burn them. Now that the Supreme Court has given the government, and thereby the new class, arbitrary power to regulate morality and thought, it won’t be long before the government will decide what preachers can say at the pulpit, what ideas can be written down in books and even what you can say in your own home. There can be no greater tyranny then a government regulating our very thoughts, and no government that can, will ever allow us to change it. Remember; No matter how much you like what they are doing with that arbitrary power today, beware, you might not like it tomorrow, but then it will be too late, you gave them the right to do it today.

Sincerely,

John Pepin

Bureaucracy, Law and Separation of Powers.

Monday, June 16th, 2014

 

Dear Friends,

 

It seems to me, nothing can prove the out of control growth of the bureaucratic regulatory apparatus of the Executive branch, than the fact that now the Legislative branch needs to pass legislation to stop regulation they find appalling. Congressman Peter Welch of Vermont is sponsoring a bill that would stop some new regulations, prohibiting cheese from being aged on wooden boards, or in wooden containers. As with most regulations this one is absurd, makes no sense from a scientific perspective, legal or even a sociological perspective, but it is an example of bureaucrats working diligently in the dark, regulating how we do everything and in every way. Their regulations are not subject to the will of the people, and are not Constitutional, but they have transferred tremendous power from the legislative branch to the Executive, undermining the intent of our Constitution’s foundational thesis, that of the separation of power, all for the dubious goal of efficiency in government. As we move further and further away from Constitutional rule, and into the chimeric bastardization of our government, we can expect our leaders, especially the Executive, to act more and more arbitrarily, until we have arbitrary government in all but name.

 

Constitutions are a concept that was invented as a way to limit the propensity of governments to become tyrannical. History shows that there has never been a government, no matter how well devised, that didn’t eventually become despotic. Rome was a republic for century upon century but eventually became a tyranny. That great republic began it’s death spiral the moment the people accepted arbitrary power in the hands of the Caesar, whether wielded by Marcus Aurelius or Nero, that power corrupted not only the man, and the Praetorian guard who protected him, but the society that became dependent on it as well. This is what Constitutions are supposed to prevent. If they are not followed however they loose the ability to limit and instead provide cover for a would be dictator.

 

Separation of power is the primary means the US Constitution, our Constitution, is supposed to prevent arbitrary rule. History shows that most of the time despotism comes from the Executive. Separation of powers is meant to prevent this propensity of rulers by limiting their absolute power and divesting that power in other segments of government, then pitting those segments, (and political factions), against each other, like using a fire line to stop a fire. Federalist Paper number ten explains this far better than I can. The power of a Constitution to reign in the avarice of a leader depends on it’s being adhered to.

 

The power to pass laws was given solely to the Legislative branch in the US Constitution. Our leaders have evolved the definition of the words in the Constitution to allow for a bureaucracy to take over most of the legislative functions of the Legislature. This has ostensibly been done to improve the efficiency of government to regulate the actions of it’s citizens. While it has allowed government to regulate far more efficiently… that regulation is anything but efficient. It drastically diminishes economic growth, personal freedom and US competitiveness, all for some pie in the sky notion of government efficiency. The truth is, the most efficient government is a tyranny, but is that where we want our government to go?

 

Keeping the thousands upon thousands of bureaucrats busy, as well as the hundreds government adds every year, presupposes that reams and reams of regulations must be written, else the need for the leviathan of the bureaucratic government goes away and the bureaucracy becomes redundant. Making those tens of thousands of high paying government jobs all go away. Bureaucrats, who are the modern equivalent of buggy whip weavers, cannot stand for their cushy, pensioned, well paid careers with government go away, and so they have a self interested need to keep the regulatory bandwagon rolling. The deleterious effect on society, our economy and even the destruction of Constitutional rule is irrelevant, and so our Legislature is taking up the all important question, whether cheese should be aged on wood as it has been for thousands of years.

 

Since the Legislative branch has given up so much of it’s power to the bureaucracy, it finds itself in the uncomfortable position where it has to pass legislation, to protect certain politically favored industries from the negative effects of regulation, in this case the cheese industry. When the legislative branch must pass a law to stop a regulation, it is proof positive that the kudzu of bureaucracy, has outgrown the garden. There was a Supreme Court ruling a few years ago that in effect said, since the Legislative branch had willingly ceded their power to the Executive’s bureaucracy, that bureaucracy has now the same power to pass regulations as if they were law, Constitutionally passed by the Legislature and signed by the Executive. That ruling, along with a host of other absurd rulings by the Supreme Court, has evolved our government away from Constitutional limits on the power of government as intended by the founders, to this bastardized inbred monstrosity we now live under. The real problem here, is the disdain and loathing our leaders hold for our Constitution, from the Executive through the Legislative and the Judiciary branches, all the way down to the lowly bureaucrat toiling away in his or her cubicle, for eight hours a day, making rules for the rest of us to live under, without scrutiny, or oversight… and without Constitutional authority.

 

 

Sincerely,

 

John Pepin

 

 

 

The Ukrainian Riots

Monday, January 27th, 2014

Dear Friends,

 

It seems to me, the people of the Ukraine are ripping mad, and they have every right to be. They have been deceived and stabbed in the back over and over. The riots that have been going on now for weeks in Kiev are the manifestation of that anger. Now cities around Ukraine are joining the protests. Like in the United States and the World over, politicians in the Ukraine believe they can run on a platform, then rule in direct opposition to that platform without consequence. In the US politicians get away with it, with the help of the unbiased media, but in Ukraine their feet are being held to the fire. A real fire as it turns out. The Ukrainian government has offered several concessions to the protesters but they are too little too late. Perhaps the riots won’t end, until either the government stomps them down like the Chinese communists did in Tienanmen Square, or the government falls, but there is a way to solve the problem in both the Ukraine and the World over.

 

People have a great ability to forgive. We understand that others are flawed human beings as are we. Upon a continued assault however, no person no matter their demeanor, will remain calm forever. Politicians in both the Ukraine and the US run as conservatives and libertarians but rule as tyrants and socialists. This enrages the people who voted for those corrupt politicians based, as it always turns out, on lies. No one can stand ceaseless irritations without eventually becoming irritated and that is where the Ukrainian people are. How long will it take for the American people to wake from our slumber?

 

One of the concessions offered by the Ukrainian president is the amending of their Constitution. What the unbiased media fail to report, or even understand, is that if a President can unilaterally amend the Constitution… there is no Constitution. The Protesters understand this basic fact of Constitutional rule, but the elite in the media and government don’t, (or don’t want to). A Constitution is supposed to be a document that limits the power of the elite over the people. If the elite can change it willy nilly, it does not limit their power, but give their reign a faux legitimacy. If the protesters allow the Constitution to be changed by the political elite, it will be changed back again the moment the exigency of the riots are over, giving the government unlimited power again.

 

History has not been kind the the people of the Ukraine. They have suffered under the Mongol hordes, they have faced wave after wave of Muslim invasions, they have suffered under the Tzar’s tyranny and oppression and have endured under Stalin and his artificial famine. The unfortunate people of the Ukraine have no history of freedom and liberty to fall back on. They have only famine, oppression, war and slaughter to remember. Now they have an opportunity to forge a different path, one free from oppression, and they are seizing it. I pray to God they can pull it off, their lot has been so bad for so long, if anyone deserves peace and prosperity, it is the people of the Ukraine.

 

Clearly what is needed in the Ukraine is laissez faire capitalism, a strongly limiting Constitution and a NUMA to enforce it. Otherwise the government will continue to run amok, progressing to socialism and tyranny, as they are in the US. Barring that, as soon as a new government comes into power, it will act the same as the old one. A NUMA would change the paradigm in Ukraine for the better by holding the political elite to the Constitution’s limits. This is something very few political leaders have been held to, since the dawn of time, anywhere. Power must be limited else it limits the people. We have seen this played out throughout time and the World over.

 

Only time will tell how the protests in Ukraine will turn out. The strong likely hood is that some new dictator will emerge, charismatic and ruthless. History is not on the side of the people. The normal state of humanity is under the thumb of a tyrant, it is the exception where and when a people escape from it and forge a new way. The US did for a while, but the current of politics always wears away the people’s resolve, eventually eroding the limits put on government by Constitutions. Only a Constitutionally empowered branch of government could ever hope to have the authority to contain the avarice of the political elite. Without a NUMA, Ukraine will fall back into oppression, as the US is progressing to.

 

Perhaps it is a pie in the sky dream that Ukrainians could have liberty but every man woman and child yearns to be free in his or her heart. Freedom has lifted millions of people from poverty while arbitrary rule has lowered billions to slavery. I am on the side of the protesters, I believe liberty is the only way to lift all boats, and liberty is the protester’s goal, but the protesters need to have a plan. To that end, a NUMA along with a strictly limiting Constitution, would do just that. Let’s pray it happens and that the political current doesn’t wash away the hopes and dreams of the Ukrainian people. God speed and God bless the Ukrainian people… and may God help us here in the US.

 

 

Sincerely,

 

John Pepin

Our Constitutional Crisis

Thursday, October 17th, 2013

Dear Friends,

 

It seems to me, the debt ceiling and government shutdown is not about spending, and it is not about winning or loosing a mere political battle, it is a Constitutional crisis. The needless rhetoric that has been thrown around during this debate has been a way to change the subject to mere name calling and fear mongering. The malpractice of the media that calls itself unbiased has been even more pathetic than usual and is a large part of why the real issue has been overlooked. Our republic is jeopardized by this type of emotional manipulation of us, by the political elite, the media and intellectuals.

 

The Constitutional principle in question is separation of powers and the power of Congress to control spending. This is the only fundamental power left to the neutered legislative branch of our government. In this debate, as it now appears, the Executive branch has seized almost all of the powers the Constitution bestowed on the Legislative branch. The power of the purse, as it is called, has now fallen to the Executive as has the power to legislate via the Bureaucracy. Once this episode is over the Legislative branch will have no power whatsoever. Even the power of oversight has been taken from the impotent Legislature by Executive privilege, stonewalling and outright lying under oath.

 

The rhetoric that has been used by Obama, the media and the democrats has been over the top. They have called the Tea Party wing of the republican party, bomb throwers, terrorists, and hostage takers among other detestable things. The toadies in the media have backed the progressive elite up even to the point of agreeing with them. Elenore Clift is one such example Sunday on the McLaughlin Group. To draw a moral equivalence between people who engage in such evil acts as killing innocents, with people who are making a principled stand for Constitutional rule, shows one of two things. Either those who draw the equivalence are horribly broken inside or they are liars. Both disqualify them from holding any power over anyone.

 

I hadn’t written The Frog and the Scorpion a month before the AP phone scandal broke. We later found out FOX news reporters phones were being tapped as well. The press feigned outrage but in fact quivered in their boots. Terrified of the power they had bestowed upon the new imperial President. Today news reporters have few sources and those they do meet them in dark alleys and fear they are being followed. Story after story has come out describing the fear the press holds of this president. In this latest struggle between the imperial president and the legislature, the media has uniformly followed the the talking points of their oppressor. Perhaps they have Stockholm Syndrome? Regardless, if it was out of fear, cognitive dissonance or blind obedience, they have done themselves and our country a great disservice.

 

The separation of powers was supposed to be a bulwark against an executive becoming imperial. Our republic was founded on the knowledge, historically tyranny has risen from the executive branch, in a republic. Montesquieu made the argument that the Judiciary should be separated from the Executive Branch to further weaken it and prevent this outcome. Our founding fathers agreed and placed the Judicial Branch into our Constitution. The provision for a free press was an idea incorporated into our Constitution as another means to prevent tyranny. As this sad episode has shown us, this president has effectively neutered the Legislative Branch, he has whipped the unbiased media into line, he disregards Judicial rulings, he enforces the law arbitrarily and he is caught lying to the American people without consequence. In the Federalist Papers Madison, Jay and Hamilton warn this would be the end of our republic and limited government. I fear that unless drastic measures are not taken, like impeachment or installing a NUMA, to reign in this president, WE will be the generation that lost liberty… to our eternal shame.

 

 

Sincerely,

 

John Pepin

Un-American Attacks on Our Constitution

Thursday, April 11th, 2013

Dear Friends,

It seems quite alarming to me, that so many who serve in the US government, have open antipathy to the US Constitution. Members of the Supreme Court have said they would not use the US Constitution as a template for a new republic, members of the Legislature calling the Constitution antiquated and out of step with the times, and even the President himself calling the Constitution a charter of negative liberties, the Constitution it would seem, is a problem for many if not most who serve in the American government. Every facet of the Constitution is under assault today from the very people who have taken a oath to uphold and protect it. The result of their attacks is to turn mindless, uninformed people and the fawning press, into useful idiots.

There is no facet of the US Constitution, especially the Bill Of Rights, that is not under direct assault today. The First amendment’s prohibition on the establishment of a State religion has been perverted into establishing the State religion of atheism, the other part of the First Amendment, freedom of speech and of the press, is being undermined by the very press it seeks to protect. The Second Amendment is daily undermined by the incessant call for more gun control, and freedom from search and seizure, has been eroded by the drug laws and fish and game laws that allow law enforcement to search your person or property without warrant or probable cause. We are under constant surveillance by the State, as we go about our daily tasks, while the workings of government are hid more and more by a veil of secrecy. The list of incursions grows longer every day. The hubris and boldness of these usurpers is ever more apparent every time they undermine another facet of Our Constitution.

It would seem that the Constitution stands in the way of these people’s desire to mold the government. The reason for the Constitution is to limit the power and scope of government to the minimum possible to function. That is an anathema to those that are in government today. Many have, as their stated goal, to evolve the United States into a socialist country. They openly avow this, until it becomes a political liability, then they change the subject and vilify the person sounding the alarm. History clearly shows the result of unconstitutional rule, oppression, famine, tyranny and war. There are no examples where this is not so.

There is nothing more un American than to be against the Constitution. Someone could take a position that is not in line with limited government and not be un American. It is evidently American to argue against the actions of any and all branches of government, that Right is enshrined in the First Amendment, but today the political elite call those who disagree with the President un American, without repercussion. Our Constitution is the foundation of our government. The function of Constitutional government is not dependent on who are citizens, or what the geographical location, it is entirely dependent on following the Constitution. This makes the very definition of what it is to be American is to agree with and follow the American Constitution. To be otherwise is the very definition of un American.

If we want to stem this dangerous trend in our elected and appointed elite, then we must start calling any attack on Our Constitution un American, do it boldly and without apology. To shrink in the face of a usurper is to accede to eventual tyranny. Acceding to tyranny is to be unworthy of being called American. Our Constitution is all that has ever stood between us and oppression. Make no mistake about it, our liberty is dependent on our Constitution, and our Constitution is dependent on our vigilance.

If we hear an elected or appointed representative attack our Constitution, it is our duty to pillory that politician, justice or bureaucrat. To grumble in silence is to accept, we must openly state we are in absolute support of our Constitution, and that we will broach no disrespect of it… especially from people who have taken an oath to follow and protect it! To attack and undermine our Constitution, after having taken an oath to protect it, is high treason and it must be called so! In the end, it is our silence or our vociferous defense, that will win the day. It is up to everyone who reads this to make up his or her mind, are you for the Constitution or against it? Ask yourself this… am I a useful idiot? If you are not, then take a stand, and remember… the pen is mightier than the sword, and your voice is louder than you think!

Sincerely,

John Pepin

Constitutions, Government and Arbitrary Rule.

Thursday, March 22nd, 2012

Dear Friends,

It seems to me that many people are confused when it comes to the the Constitution and the government. Some believe that the government is the Constitution and have no understanding of the role of each in our Constitutional republic. Ignorance is idiocy when it comes to our liberty, those who are witless, stumble into tyranny. I can not stress enough how important our Constitution is to our well being. If you are not willing to lower your cup, in every measurable way, so he Elite’s can go up, then close attention you’ll pay.

The Constitution is supposed to set the boundaries of government. Those boundaries are to be inviolate unless the Constitution is amended. The amendment process was intended to be difficult to keep people from changing it willy-nilly. Making a Constitution that is changeable as the wind is a sure path to oppression. The Founding Fathers knew this.

The Founders understood, that passion sweeps through humanity occasionally, and it is imperative that basic rights and protections be maintained. They knew the siren call of equal distribution and shuddered at the thought. They were well versed in human nature and the history of Mankind. Knowledge that is utterly lacking in society today. This led them to create the Constitutional republic We live under.

The Constitutional republic is the form of government our Constitution requires of the Elite. In a Constitutional Republic the government is under the direct limitation of the Constitution. No power not expressly given to government by that Constitution is forbidden from government. This is the most basic concept of a Constitution and it’s role in governance.

Today the Elite have found a way around the Constitution, that is simply, place people on the Supreme Court who despise the Constitution. As in the case of Ruth Bader Ginsburg who doesn’t even think our Constitution is a well crafted system. She tells newly forming Republics to follow the socialist model. Her statements and findings, show that she seeks to change the US Constitution arbitrarily, by fiat, to whatever she deems it should be, regardless of the original intent.

Modern politicians want to change Constitutional governance, from a thing that forbids arbitrary rule, to one that requires arbitrary rule. Of course the Elite will argue, it is not arbitrary rule they seek, only that we do whatever they tell us to. Not so much order us to… as forbid us not to. Yet they want to maintain an appearance of Constitutional rule to keep a facade of legitimacy on their absolute power.

Obama openly avowed, he doesn’t like our Constitution, because it is a charter of negative liberties, and he would like it better if it had positive ones. Like government required to provide this and that need. How can anyone logically argue that a constitution that calls for “Positive liberties” is a Constitution in any real sense? The difference between negative liberties and positive ones are, the negative ones limit the power, scope and role of government, positive ones empower government to regulate every aspect of human existence. The one ensures liberty for us while the other enshrines tyranny over us.

So, the difference is that government is not the Constitution, it is limited by the Constitution. The Constitution is a charter of negative liberties as they pertain to the State. The Elite seek to change the role, scope and nature of government to allow them arbitrary rule. As proponents of arbitrary rule today’s politicians are in historic company… Thrasymachus, Alcibiades, Julius Caesar, Genghis Khan, Tamerlane, The Tzars, The Caliphs, Hitler, Stalin, the list is endless and very historic.

Sincerely,

John Pepin