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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

 

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

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Comment by Grace Kirby on July 2, 2012 at 10:15am

And yet another perspective on the SCOTUS decision:

Comment by BARB SAMUELLS on July 1, 2012 at 10:55pm

Thank you for this analysis and clear path to what actions we maust take to right the ship of state!

Comment by Billy Bowlegs on July 1, 2012 at 8:49pm

How many of you are aware of the common law of “public function doctrine” and it's impact on electins.

 

Some state laws have gaping as far as vetting is concerned.  The Supervisor of Elections has reneged on responsibility other than “a ministerial duty” and ignore the requirement of Oath of Office to Protect and Defend the Constitution of the United States.  This also applies to subsequent litigation and gerrymandering that basically ignores problems such as the Obama eligibility issue, even though he publically states his Father is Kenyan (April 27th BC which is prima facie evidence of his non eligibility).

 

Four significant legal points need addressing states prior to the November election:

 

  1. Some states have reneged on their responsibility to vet a Presidential Candidate (or VP Candidate) and this requires legal correction.  A ministerial duty is insignificant law.  Most of you will agree with this.
  2. Obama has thumbed his nose at the Constitution of the United States and all state laws.  (On immigration, and Obozo Care).
  3. The Federal Election Law leaves the vetting to states.  States that reneged on proper vetting per the respective state law do not want their "good o'l boy empire broken".   And, the 10th Amendment to the Constitution of the United States gives “we the people” the right to vet who will be on a ballot in absence of Federal or State laws.  
  4. Under the public function doctrine, the Chairman of the Democratic National Convention (acting as an agent of the "<state name">) openly and willfully perpetrated fraudulent nomination certificates to the many States in 2008.  Prior to 2008, nomination certificates were correct, and Nancy Pelosi  committed a magnamus fraud on "we the people" (this is all over internet and easy to validate for your own edification).

Time "We the People of Individual States" read and understand your own State Election Law, and position yourself to "DEMAND THAT OBOZO NOT BE VETTED" - He has already released a document stating his father is a kenyan - which makes him ineligible.

You need to be beating your SOS/SOE team to get busy and correct the problem as well as be prepared to challenge OBOZO on the ballot in 2012.

Google "public function doctrine" which passes the equivalent of the SOS/SOE Oath of Office to Protect the Constitution down to the Dem or Republican Convention Chairman and the fact that they have a liability that is much stronger than what we have been told.

Do some reading.

Comment by Billy Bowlegs on July 1, 2012 at 8:33pm

I would have rather heard the words, "Congress get off your dead asses and do your jobs - for what you are being paid to do". 

And, had you been watching, you would have seen that on Monday past, Obozo attempted (may have done it) some type of emergency order about Russian Nuks.

On June 25, President Barack Obama issued a letter to the Speaker of the House of Representatives, and to the President of the Senate stating that under the International Emergency Economic Powers Act, he was declaring a National Emergency due to actions incurred with Russia, and the Russian Federation.  The submitted letter provides a declaration to Congress of the President signing Executive Order (E.O.) 13159, and its immediate implementation.

We have been at "hee haw junction" for ni on three years about this Clown doing an Emergency Order so he can declare Martial Law. 

Me thinks that the SCOTUS is a little smarter than "hee haw junction" and could see the writing on the wall of what a true imbicil in the whitehouse would do.

Again, he is trying to tell CONGRESS to get off their ASSES and do their jobs. 

So get with it Congress.

 

Comment by Paul Artz on July 1, 2012 at 8:16pm

 It is not our job to protect the people from the consequences of their political choices.”  -Justice Roberts

Damn well said. Get off your ass Americans and manage your country. We are the ones responsible not the government.

Comment by Ronald Sorrells on July 1, 2012 at 7:33pm
We do not need Roberts "speaking in code about what we need to do". We need him to do his damn job and speak to us in English, instead of legalease !

The trouble with those in Washington, DC " The Washingtonians " see "We The People" ( 312 Million Citizens residing in one of the 50 States of this Union of States) as their "Adversaries" rather than "Their Employers".

Semper Fi,

Ron
Comment by Jena Hobert on July 1, 2012 at 6:28pm

kris,

Thank you so very much for what so many people forget to use. The Constitution. It seems it is not even studied in school anymore. I can remember having to memorize the Preamble in Jr. High. They are so busy teaching our childern to test anymore that I think they have forgone basic Civics lessons.  Now if we could just get more people to look at the Constitution and maybe even read a bit maybe a few would wake up as I do not think the so called 99% even understand it. Thank you again for a well written well informed blog.

Comment by Shamus Jackson on July 1, 2012 at 3:09pm

Kris,

All I can say is WOW! I think my blood pressure went up 50 points reading this. You gave me the chills, I haven't read a piece so moving in my life except the Bible. Thank You, Shamus Jackson.

Comment by David J Edwards on July 1, 2012 at 10:44am

Charles P. Smith MD,
Marxists and other dictators do not try to figure out independent thinkers. Thinkers talk and get non-thinkers to think too. That is why Marxists begin their take-overs by slaughtering all those who persist in thinking, like Polpot did in Cambodia.
When a TAKE-OVER occurs, the talking stops and the dying begins.

... and that is why Americans must remain armed.

Comment by Grace Kirby on July 1, 2012 at 9:04am

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