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The Authority of “We the People”
Ignored by Our Government
The Authority of “We the People” is mandated by OUR Constitution and is always superior to, and a directive for, all the branches of the federal government, and to any laws or regulations passed by the same. Anything done by any part of our federal government that is not authorized by our Constitution is void on its face. Alexander Hamilton in Federalist Paper No. 78 makes this very clear. http://www.foundingfathers.info/federalistpapers/fed78.htm
Hamilton said in Fed 78:
“...that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”
All the authority of those who are elected or appointed to our federal government is described by and flows only from “We the People” through OUR Constitution.
The Constitution of the United States is clearly the will and voice of the people. Representatives of the people convened the Constitutional Convention. Then representatives of the people through the State Constitutional Conventions approved the Constitution before being sent back to the Continental Congress.
Our Constitution IS the only written will of “We the People” and cannot be changed by any part of our government without the concurring approval of the citizens through the amendment process.
When our representatives, the courts, or the executive branch exceeds their Constitutional authority they commit what the courts have called treason to the Constitution. Any individual or group in our federal government that exceeds their limited authority commissioned by us through our Constitution is also in violation of their oath before God to, “...
support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same...
So help me God.” “We the People” should remove anyone who violates their oath of office.
Link to oath
Much of what Congress passes as legislation is actually contrary to their authority and is unconstitutional. The bulk of congressional authority is found in Article I, Section 8, of our Constitution as outlined in the enumerated powers. Please see: http://www.nccs.net/freedom_defined/index.htm?const.html&2
Most earmarks (outside of national defense), education, welfare, HUD, most of the regulation, most of their spending, bailouts, habeas corpus for non citizens, anchor babies, and so much more falls outside of the authority that “We the People” have authorized under our Constitution.
We must all start calling our elected officials in the federal government and begin demanding that they reference the specific article, section, and clause of the Constitution that authorizes their passage of bills we believe to be outside of their authority.
You will find that our representatives often respond with canned responses that do not address your question or they will cite Supreme Court Cases where the Court manufactures government authority that was not given – force them to cite the exact wording in our Constitution that was relied on in these cases – you will find that they will not be able to and that should be a red flag. We MUST start holding our elected officials accountable to their oaths to abide by the will of the people contained in OUR Constitution; they are our servants – not our masters!
Regarding courts, Hamilton made it clear in Fed. 78 when he said:
“...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated [this includes public policy]. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”
When nominees to our federal court system claim that judges make public policy or direct the evolutionary changes to our Constitution or the laws that flow from it – they should be denied lifetime tenure as a judge. When sitting judges do the same they should be impeached.
Justice Story, Father of American jurisprudence, said in his Commentaries on the Law:
”The offences to which the power of impeachment has been and is ordinarily applied as a remedy are ... what are aptly termed political offences, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests...unconstitutional opinions and attempts to subvert the fundamental laws and introduce arbitrary power.”
Hamilton said in Federalist Paper No. 65:
“...regard[ed] the practice of impeachments as a bridle in the hands of the legislative body upon the executive servants of the government.”
Chief Justice Marshall stated in Cohens v. Virginia, 19 U.S. 264 (1821)
“We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.” (Emphasis added)
In OSBORN v. BANK OF U.S., 22 U.S. 738 (1824) the Court stated:
“Courts … can will nothing. ... Judicial power is never exercised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.” http://laws.findlaw.com/us/22/738.html
In VALLELY v. NORTHERN FIRE & MARINE INS CO., 254 U.S. 348 (1920), the Court also stated:
“Courts are constituted by authority and they cannot [go] beyond the power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities.” http://laws.findlaw.com/us/254/348.html
Very slowly the Courts have moved away from these principles that are grounded in our Constitution as the will of the people.
We must reverse this!
The Office of President and his Executive Branch were created to administer the law that was passed by the Congress. Presidents write Executive Orders (E.O.) and Presidential Directives (P.D.D.), which are not covered in our Constitution, as a tool to aid in the process of administering the law through his administration. Presidents nor anyone else in his administration are allowed to make law anymore than the Judicial Branch. Doing so would violate Article I, Section 1, of our Constitution.
Article I, Section 1, states:
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
When Presidents legislate through their E.O.s or P.D.D.s, it is the responsibility of the Congress to rule these orders void, and it is the responsibility of the Courts to do the same if it comes before them. If Presidents overstep their authority and refuse to stop, they should be impeached! (See Justice Story's comments above) Sadly the branches support each other instead of applying the checks and balances to prevent the accumulation of too much power in any one branch.
We must do a better job of calling, faxing, and emailing our elected officials demanding that they re institute the checks and balances, and if they refuse they should be replaced at the next election cycle. The government is too far out of control for us not to take these responsibilities seriously!
We will not be able to return to the original intent of “We the People” overnight without causing much turmoil, but we must begin the process.
A good place to start would be to pressure our elected officials to pass the Enumerated Powers Act, H.R. 450, that would require that every new bill and spending legislation begin with the Article, Section, and Clause of our Constitution that authorizes the legislation. Find the Act at: http://thomas.loc.gov/
Then we must slowly start forcing the repeal of unconstitutional laws and regulations.
Our Posterity deserves no less.