By Michael W. Howell
Senior Writer and Senior Editor at Fighting the Tyranny
This has to be the main question we ask ourselves if we are to come to terms with foreign wars and the ever-increasing globalism we are facing. With an out of hand Military Industrial Complex, horrible foreign policy, fictitious debt and monetary system, ever-growing police state, military operations pointed at civilians, and a myriad of other liberty taking actions, once again, we have to ask is our Constitution valid? After all, we are sending soldiers at a record number to “fight” for it so we need to answer this question now before we continue to support the agenda and goal of “democracy.”
Let’s look at the last word in that sentence before we go any farther. Democracy and what it means has been convoluted to mean many things and has been used to start and justify wars. So, what does it mean and are we a democracy? No, we are not. We are and were always formed as the Constitutional Republic. It is very important to know the difference. Our founding fathers knew the difference and it can be referenced in many of their writings and speeches.
Before I list quotes of the founding fathers’ thoughts on democracy vs. republic, let’s look at what the Constitution, itself, says about the two.
Article IV Section 4, of the Constitution “The United States shall guarantee to every state in this Union a Republican Form of government and shall protect each of them against invasion”, the word Democracy is not mentioned in the Constitution at all.
We can now rest assured that the authors and founding fathers clearly wanted us to be a republic, not a democracy, as one cannot be both, as one cannot be socialist and fascist. Two separate forms of government. So, now let’s illustrate the point in more detail and look at direct quotes from those men that wrote the Constitution or had a hand in its conception.
“Hence it is that democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and in general have been as short in their lives as they have been violent in their deaths…A republic, by which I mean a government in which a scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking.” – James Madison, Federalist Papers No. 10 (1787)
“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!” – Ben Franklin
“A democracy is nothing more than a mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” – Thomas Jefferson
“Remember, democracy never lasts long. It soon wastes exhaust, and murders itself. There never was a democracy yet that did not commit suicide. “– John Adams
There are many other quotes you can look up on your own time as it pertains to the difference of Republic vs. Democracy, but I feel the clear platform can be established by now concerning their thoughts on the Republic.
Now let’s define the two. What is a Republic? What is a democracy? In the Constitutional Republic, such as America, the individuals’ rights are protected and cannot be voted or taken away. In a democracy, I believe Thomas Jefferson as stated above, has given us the best definition. To paraphrase him, it is simply when fifty – one percent rule over the remaining forty-nine percent. This is a slippery slope that was foreseen by the founders.
So, do we have any proof that the Constitution is invalid or has been usurped? Let’s take what President George Washington defined as the “liberty’s teeth”, the second amendment. Without this amendment, we would not be able to protect the remaining Constitution or Bill of Rights. It is very short and cannot be misinterpreted unless approached from an angle to reject it.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
There are two key words in this amendment. First, being “shall” as it is absolute and infringed, which means taken away or even regulated. So, how has the second amendment being infringed you ask? Gun ownership is at an all-time high and rifle ranges seem to be busy nowadays so it must still be intact, right? Not so fast.
Look at cities like New Orleans, Chicago, New York City, and Detroit as an example. They have the strictest gun control laws and ironically, have the highest violent crime rate, but that’s a topic for another article. Some cities have instituted a magazine capacity ban. That is an infringement. Let’s look at the sanctions we have on Russian made AK-47’s. That is a political infringement on gun ownership. And lastly, let’s look at the United Nations Small Arms Treaty. Many things are wrong with this. One is that a foreign government, United Nations, is dictating rights on a sovereign Republic. That is a blatant infringement on gun rights. There are other violations of the 2nd Amendment but just these examples alone are direct infringements. Is the Constitution still valid?
Now let’s look at the 4th Amendment. “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Here we have that absolute word again – “shall.” Not a suggestion, but an absolute. Just as God used it in the Ten Commandments so that there is no other interpretation, the founders used it here as well and for the same reason. How is this being attacked you ask? We are seeing a gross amount of no-knock raids on homes and properties. Property illegally seized and often times even destroyed or never returned back to the owners. The fourth amendment clearly states the process in which warrants are to be issued and executed. Look at another example, checkpoints on roads. We have all seen them used in the name of safety. Drunk driving checkpoint, insurance checkpoints, etc. This is a clear violation of the fourth amendment as everyone has the right to be secure in their persons, papers, houses, and effects. It is unconstitutional to stop every single vehicle without probable cause. Here there is no probable cause and we are guaranteed to travel freely unless suspected of a crime. The proper, ethical, and even Constitutional way to go about these practices are being ignored. I ask you again, is the Constitution still valid?
Wars, we all hate them, but at times may be necessary in order to maintain freedoms and liberties. The constitution has defined the way a Republic goes to war. It is by a Declaration of War, through Congress, by our representatives, using our voice. When was the last declaration of war? World War 2. The rest have been on U.N. sanctions or have been under the name of conflicts. This is illegal and needs to be reigned in as the consequences are grave. Article 1, Section 8 defines it this way. “The Congress shall have the power to…..declare war. Notice that absolute word, shall, again? That means go to Congress and let the people voice their concerns and even approval, through their representatives. Not on United Nations sanctions or Presidential Executive Orders. I must ask you this again, is the Constitution still valid?
How about the 10th amendment? States rights were very key and instrumental in the establishment of the Republic as our founding fathers recognized all states do not live the same way and shouldn’t be governed the same way, or as in a blanket Federal law. States right’s is important in continuing a society free from government overreach. It secures the States govern themselves through the people of the States. Let’s look at the Supreme Court ruling on gay marriage. Regardless what side of the fence you fall on you cannot deny that state rights were ignored and trampled on. First, look at how it came to be law of the land. The Supreme Court does not have the power, under the Constitution, to create laws, only rule on existing laws. In the case of gay marriage, they created, wrote, ruled, and executed the law. In return they created a blanket law for the Republic, bypassing the 10th amendment. This is getting to be a continuing theme; however, I have to ask. Is the Constitution still valid?
The last example I will use is so important to free people that the founders made it the first amendment and that is free speech. There have been famous quotes such as; “the first amendment wasn’t meant to discuss the weather, but controversial things” that sums up the importance of free speech. How can we continue to be a free society and prosper if thoughts are suppressed and our voices silenced? We can’t be. This is imperative to talking ideas and concerns all the way through to conclusion so that all sides and all options are brought forward.
Now with the expansion of the N.S.A. spying program to include metadata of innocent individuals, our free speech has been compromised. It has been proven, much to their own admission, that they collect metadata on all person’s phone calls, emails, and even social media post. This is not free speech. This can also be tied into the 4th amendment as it is an unwarranted collection of someone’s rights since no warrant was filed on the said individual, instead of collected on everyone as a whole. We are seeing a gross incline in political correctness which is silencing many thoughts and even keeping many from voicing their concerns out of fear of retaliation. This is a reminder of the Alien and Sedition Act that John Adams signed into law and then later felt obligated to repeal. We are starting to see things head that way again if we don’t act now. Any infringement on free speech is an infringement on all free speech. So in closing, I have to ask, is the Constitution valid?
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One thought on “Is the Constitution Still Valid?”
Excellent article, no the constitution is not honored, it is but a doormat at the white house. It is held in a perpetual state of revocation by acts of war and executive orders. The patriot act being the biggest act of tyranny ever produced. Giving the government more rights than any king had over his subjects. Sadly most don’t even know the drug war was an actual declaration of war for the purpose of revoking civil rights. Nobody cared, they came for the next group and nobody cared, then they came for me and nobody was left.