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Justice Roberts Gives Some Good Advice

In their ruling of the Arizona Immigration laws, the Supreme Court declared the “discretion of the federal agents” to be sovereign over the states.  In the ruling on the Affordable Healthcare Act, the Supreme Court declared the federal government to be sovereign over the citizens.  These rulings have served a nearly fatal blow to the 9th and 10th Amendments of the Constitution.  Now, more so than ever, or at least since 1830, the citizens of this nation must stand together in defense of the Constitution, as the ultimate protectors of our God given rights.

Our founders did not make the federal government sovereign over the people or the states.  The 9th Amendment makes it perfectly clear that all rights belong to the people, enumerated or not.  The 10th Amendment makes it clear that aside from the power “delegated” to the federal government, EVERYTHING ELSE belongs to the people through their states.  And the Federal government was only delegated very limited powers.  James Madison said those powers were limited primarily to external objects and named them specifically as war, peace, foreign commerce and negotiations.  What that means for us, is that the federal government has no business what so ever in our health care, or in our businesses, our schools, or any other aspect of daily life, whatsoever!

Over the years, through an absolute dearth of true Constitutional teaching in the government schools, especially our law schools and through the replacement of precedent over the intent of the founders, we have allowed our courts to stray far from the original limitations and purpose of the Constitution.  Our founders never intended for the “general welfare” clause to mean the “everything welfare” clause.  Madison explains in his 1792 argument against federal subsidies that the general welfare clause was not meant to expand the power of the government beyond its limitations, but to describe the purpose of the power delegated within strict confinement of those boundaries.  This was not just his opinion, but the opinion of ALL who drafted the Constitution.

I, sir, have always conceived – I believe those who proposed the Constitution conceived – it is still more fully known, and more material to observe, that those who ratified the Constitution conceived – that this is not an indefinite government, deriving its powers from the general terms prefixed to the specific powers –but a limited government, tied down to the specified powers, which explain and define the general terms.” James Madison On the Cod Fishery Bill, granting Bounties 1792 (emphasis added)

 I dare say, James Madison himself would barely recognize the government we have today.  Actually, maybe he would, because it looks identical to the one he and his patriot brothers and sisters pledged their lives, fortunes, and sacred honor to declare independence FROM and ultimately defeat in the name of Liberty.

Apart from the twisted logic and contortions Chief Justice Roberts uses to justify this tyranny under the tax and spending clause, there are some fascinating and instructive statements in this ruling.  Believe it or not, embedded in this ruling, are the instructions for righting the ship, and bringing this nation back to where we need to be.

There are three things that we as a nation must do now.  We no longer have the luxury of waiting until November and seeing what will happen.  If we do not do these three things, if we fail in our attempts, we will fully establish the totalitarian government our Supreme Court has supported.

First, we must keep the proper perspective.  The Supreme Court is NOT the ultimate arbiter of the Constitutionality of a law.  The Supreme Court is 1/3 of the federal government, with no more or less power than the other two branches.  It is the Constitution that is the Supreme law of the land, not the Justices of the Supreme Court, and all decisions, even ones made by the court must stand before the ultimate judge - the rule of law in the Constitution.  The Constitution was written and ratified by “an act of the whole American People” as Thomas Jefferson declared in 1802.  Its purpose is to “secure the blessings of Liberty…to our posterity”.  To secure that Liberty, “governments were instituted among men”, not over them, and “derive their just powers from the consent of the governed.”   Our founders gave us a government dependent upon OUR consent, not the will of the Supreme Court.  They knew that since Liberty belonged to us, we would be the only ones suited to determine when “any form of government became destructive to those ends.”  Hamilton articulated this responsibility very well in Federalist Paper #33.

“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution…”

Believe it or not, Justice Roberts also gives us this directive in the healthcare ruling.  He plainly tells the people of this nation, get off your backsides, stop complaining, accept the consequences of your decisions and do something about it!

“Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices. (emphasis added,)  -Justice Roberts.

Therefore, we have a job to do, since WE THE PEOPLE are the ultimate arbiters and guarantors of Liberty.

The next thing that must be done is the states must do their jobs.  Madison declared our state legislators to be the “sure guardians of our Liberty.”  How many of our state legislators really understand that their primary job description is to protect the people from federal encroachment? Listen to the power in Madison’s exact words.

the State Legislatures will jealously and closely watch the operations of this Government, and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people's liberty.”

Our states, especially those who thought it important enough to file a lawsuit, must stand now and say, this law is unconstitutional, this ruling is unconstitutional and we are not bound by it!  Basically, our states must have the courage to say, “WE WILL NOT COMPLY”.  It is our states that must “redress the injury done to the Constitution.”  Once again, Justice Roberts in the very ruling that dealt such a devastating blow to the Republic, points the way.

“In the typical case we look to the States to defend their prerogatives by adopting “the simple expedient of not yielding” to federal blandishments when they do not want to embrace the federal policies as their own. Massachusetts v. Mellon, 262 U. S. 447, 482 (1923). The States are separate and independent sovereigns. Sometimes they have to act like it.” (emphasis added) -Justice Roberts.

Not only did he give the directive, but he gave the pathway as well. 

“Instead, we determine, first, that §1396c is unconstitutional when applied to withdraw existing Medicaid funds from States that decline to comply with the expansion… As a practical matter, that means States may now choose to reject the expansion; that is the whole point.”-Justice Roberts

Anytime an addict withdraws from a drug, especially with long term use, it will be a painful withdrawal.  It is time the people of this nation withdraw from the federal funding drug and discover once again how to function as a normal and healthy republic.  The states must have the courage, the strength, and the resolve to lead their people through this process.  If they fail to do so, the death of Liberty and enslavement of our children will be on their hands.  Press your governors and state legislators to stand against this tyranny.  Demand that they do as Justice Roberts has said – DO NOT COMPLY.

Finally, we must do everything necessary to replace our members of the House and the Senate with true Constitutionally-minded patriots that will repeal this law.  We must especially fight for the seats in the Senate and then hit the streets like we did in 2010 to pressure them to vote the right way.  I am begging; do not to put all faith in one man.  Do not lay the burden of repealing this law on the President.  He does not have the power to overturn or set aside ANY law.  We will be giving permission to the President to set aside the Constitution to achieve an end that we desire.  This “ends justify the means” style of government is what got us in this mess.  No man can resist the temptation of ultimate power.  It is time that we limit the executive branch of government once and for all.   The ONLY way we will do that is to have a properly functioning Congress.  That does NOT mean a Congress full of men and women who bare the sacred “R”.  That means, whatever their letter designation, they are sold out, 100% dedicated to the Constitution and the principle of LIBERTY FIRST! 

We must require them to become proficiently trained in the principles of the Constitution and then hold them immediately accountable when they fail to protect it.  We cannot “like” a politician so much that we give them a pass.  Many will say that Thomas Jefferson was a great patriot.  If he were here today, he assuredly would have a sizeable “cult” following.  Yet Jefferson himself warned that the people have a duty to ALWAYS keep their politicians in check and accountable.

“If once [the people] become inattentive to the public affairs, you and I, and Congress, and Assemblies, judges and governors shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions;”

No more cult following of politicians.  No more passes for personality or past employment or service.  Our hired representatives must do their job, the one they took an oath to or they will be fired!  No more trading Liberty for Security.  No more compromising of Constitutional principles.  No more legislation born out of fear or the dreaded “necessity”.  We will allow only laws that limit the government and comply with the original intent of our founders.  And if they do not know what that means, they are NOT QUALIFIED to do their job.

These Supreme Court rulings are absolutely unconstitutional.  There is NO victory within in them.  The Constitution and Liberty may have been dealt a nearly fatal blow this week, but Liberty is not dead.  This God-given gift burns within our very souls and we must revive it.  To whom much is given, much is required.  WE must right this ship.  WE must rebuild on a firm foundation.  WE must take the steps necessary to overcome the consequences of our own negligence…even if it is to the point where we have to exert that ultimate Right of the people, to alter or to abolish a government destructive to those ends, and to institute new one.  Independence is our right and our heritage!

This will take courage, this will take resolve, but we are guaranteed by history and experience that if we stand for this noble cause, we will win.  Do not falter.  Do not retreat.  We will not wake up one day and apologize to our children for not doing everything we could humanly and superhumanly do to avoid their chains and slavery.  Look these young people in the eye TODAY and Stand.  Stand strong.  Stand with courage and resolve.  Stand together for the holy cause of Liberty for the sake of our posterity.  In the immortal words of Daniel Webster, “Hold onto the Constitution and to the Republic for which it stands…for if the American Constitution should fail, there will be anarchy throughout the world.”

ABOUT: KrisAnne Hall travels the country teaching groups the truth about the history of our great founding documents and the government that our founders really wanted us to have.  She is a Constitutional attorney and former state prosecutor, when forced to choose decided she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor's wife and a patriot. Awarded the Freedom Fighter award by Americans for Prosperity, and the Certificate of Achievement from the Sons of the Revolution for her defense of Constitutional principles, Congressman James Blair Award for Defense of the Constitution. Author of "Not a Living Breathing Document: Reclaiming Our Constitution, and the DVD series The Roots of Liberty: The Historic Foundations of The Bill of Rights.  Because our children are the future of America, KrisAnne has also authored two children's books, Bedtime Stories For Budding Patriots and Essential Stories for Junior Patriots. 

To Contact KrisAnne to teach the Constitution to your group or order her books or DVDs go to http://www.KrisAnneHall.com

 

Views: 2139

Tags: "Supreme, Constitution, Court', Healthcare, Independence, Liberty, Obama, Roberts

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Comment by Dr. Arthur W. Carpenter on June 30, 2012 at 12:35pm

I have printed this article for the purpose of handing it to the local Republican State House and State Senate candidates who's campaigns I have been helping. Both are running for the first time and should be malleable.  We will discuss their opinion of this post before I spend a dime, shake a hand, or utter another word on their behalf.

Comment by Clarence E. DeBarrows on June 30, 2012 at 12:32pm

Robert H. Woodman:  With almost 50% of the American population on the government dole of one kind or another (not to include the non-citizens benefiting from same) it is totally unrealistic to think that any politician at the Federal, State, or any level, is going to be moved to jeopardize his or her postition by endorsing cuts in the "slop"  trough?   That's the carrot they hold out to remain in power!

Comment by OneCitizenOfTheRepublic on June 30, 2012 at 12:22pm

We are too solicitous for government intervention, on the theory, first,
that the people themselves are helpless, and second, that the Government
has superior capacity for action. Often times both of these conclusions are wrong.
Calvin Coolidge


"What has always made the state a hell on earth has been precisely that...man has tried to make it...his heaven." Johann Christian Fredrich Holderlin

The desire to place God second (or 3rd, or 4th, etc.) has always lead to disappointment, and social/political disasters of "biblical" proportions.  Our forefathers knew this. We seem to have forgotten that.  You can bet that God has the ability and will to remind us...And the more we choose to ignore his warnings...(and even more persistent than a 4-year-old child)...HE WILL get our attention...one way or another.

It is now...a time of choosing for this nation, and for each of us individually as citizens...if not as Christians.  What will we choose?

"Democracy and socialism have nothing in common but one word: "Equality." BUT NOTICE THE DIFFERENCE; while democracy seeks equality in liberty; socialism seeks equality in restraint and servitude." Alex de Tocqueville

The choice is ours to make for a short time...but if we fail NOW in our duty, our obligation to both our forefathers and our future generations...We may well expect the wrath of God to be handed out by the dictators and 
tyrants of our own making.

“There is no difference between communism and socialism,
except in the means of achieving the same ultimate end:
communism proposes to enslave men by force, socialism – by vote.
It is merely the difference between murder and suicide.”
 – Ayn Rand, from “Foreign Policy Drains U.S. Of Main Weapons”.

The choice is now upon us...what shall we choose?

"No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve. This is no time for ceremony...They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction?

 

Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us [2 Chron. 32:8].

 

The battle, sir, is not to the strong alone [Eccl. 9:11]; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest.

There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable–and let it come! I repeat it, sir, let it come.It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace– but there is no peace [Jer. 6:14]. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms!

Our brethren are already in the field! Why stand we here idle [Matt. 20:6]? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!" Patrick Henry

 

 

2 Chronicles 7:14
IF My people, who are called by My name,
shall humble themselves
and pray,
and seek My face
and turn from their wicked ways,

THEN will I hear from heaven,

and will forgive their sin

and will heal their land.

 

 


James 4:7

“Submit therefore to God. Resist the devil and he will flee from you,”

"Tolerance becomes a crime when applied to evil." -
Thomas Mann (1875-1955)

If the representatives of the people betray their constituents,
there is then no recourse left but in the exertion of
that original right of self-defense...
Alexander Hamilton


"The world is a dangerous place to live,
not because of the people who are evil,
but because of the people who
don't do anything about it."
 Albert Einstein

 “A nation of sheep will beget a government of wolves.”

 “Silence in the face of evil is itself evil:
God will not hold us guiltless.
Not to speak is to speak.
Not to act is to act.”
Dietrich Bonhoeffer

 

“When principles that run against your deepest convictions begin to win the day, that battle is your calling, and peace has become sin. You must at the price of dearest peace lay your conviction bare before friend and enemy, with all the fire of your faith.”
Abraham Kuyper (1837–1920), theologian, statesman, journalist,
and Prime Minister of the Netherlands (1901–1905)

 

per unitatem vis ("through unity, strength")

 

Comment by Robert H. Woodman on June 30, 2012 at 12:16pm

KrisAnne, the States have been admonished by the courts on several occasions (for example, Cutter v Wilkinson, 544 U.S. 709 (2005)) that if the States don't want to comply with particular federal laws (RLUIPA in the Cutter case), they have to agree to give up the Federal money that goes with it.  Most State governments are too cowardly to face the pain that not feeding at the Federal slop trough will bring.

Your post is excellent and needs to be read, understood, and taken to heart by all Tea Party members.  Then we need to go out and push our elected officials at the State and local levels to give up feeding on the slop the Feds want to serve us.

Comment by Clarence E. DeBarrows on June 30, 2012 at 12:07pm

Not to excuse the American Citizen for complacency, but color it as you will, there are two names to never trust when defense of our Constitution is paramount;  Olympia Snowe and John Roberts.  The votes of these two at critical times have, without question, put us in the position we find ourselves today, all high-falutin rhetoric justifying their actions notwithstanding.  They are traitors to the conservative cause.  There is no other word that fits them better.

Comment by J. Andrew Reid on June 30, 2012 at 11:51am

Bravo, you said what needed to be said. I only hope that there are enough people left who understand these facts. The only reason you can saddle a horse is because the horse does not understand that he is more powerful than you are. Our federally operated educational system is training horses.

Comment by Paul Artz on June 30, 2012 at 11:25am

We can talk all we want too, but until we take action talk means nothing. We are going to have to convene a constitutional convention and take power way from congress and make the American people more responsible. Until we do it is all rhetoric.

Comment by Jim on June 30, 2012 at 11:13am

I am stating for the record that I agree with Chief Justice Roberts.  We the people are soverign and should start acting like it.  It is our job-We The People-to gaurd our liberties, to pay attention to what is going on in our government, to quit thinking that our government is there to take care of us.  In the past we have elected people who said whatever just to get elected and then we are surprised when they take us to the cleaners.  When Chief Justice Roberts said it was not the courts job to protect the citizens from their political choices, he is correct.  Some will say that he didn't do his job, but that is because deep down we know we didn't do ours, and we want to assign blame anywhere but on us.  Some will say that there is now no limit on what can be taxed.  A fine example of not wanting to take any responsibility.  The limit is for there to be political consequences, not constitutional ones, for even introducing those policies.  The limit is for us to do our job, not have someone else do it for us.  The rest of the ruling finally puts limits on the scope of the commerce clause and limits the power of the federal government over the states.  Both of these things are necessary to begin to turn this country around.  Getting the leftists on the court to go along with that-well, I see that as a giant middle finger given to Obama and his Supreme Court appointees-on behalf of We the People.

 

Comment by Ted L. Ridings, CLU on June 30, 2012 at 10:59am

Read, Heed and Share...

 

 

Comment by Roberto De Las Bakker on June 30, 2012 at 10:58am

Obama Care is a symptom, the 'Cause' is the 'Subversion' of our government by 'Gloailists'. When I state that we are in 'Big Trouble', that is what I am referring too. The 'Ruling' of the 'Supreme Court' is not so evil as the reasoning that is 'Backing it Up'.

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