October 6, 2014

A Nation Turned Upside Down

The world of governance in America is turned upside down.

If you look at how government is working in the United States today, there appears to be a distinct “pecking order.”

The Federal government pecks on the states and the people. The states peck on the people and their local community governments. The local governments peck on their citizens. That’s the way it is. But that isn’t the way it’s supposed to be.

Looking at history, beginning with the Declaration of Independence and the Constitution, we see quite a different order. Fundamental truths. That all men are created equal – no person is created superior to another. That Governments are created with the consent of the governed. That the rights of man are endowed by our creator, not government. We have the God-given right to seek happiness in our own way so long as it does not interfere with the equal rights of others.

The people and their authority to “consent ” or not consent is at the top of the “pecking order” in our controlling law.

That position was confirmed in the expression of intent in the preamble of the Constitution and solidified with the Bill of Rights. Specific declarations of the peoples God-given rights to life, liberty and the pursuit of happiness. The process followed to incorporate the Bill of Rights confirms that the Constitution and Bill of rights is in fact a contract expressing the legal intent of the parties: federal, state and citizens. It provided only one very specific way that the authorities might be altered. By amendment.

It is worth noting that references are NOT made exclusively to Federal government, but to all government in general, including state and local governments.

However, the federal government is the one government with very specific limitations placed upon it as far as authorities are concerned. All other authorities revert to the states and the people. Authorities of states are granted by the people.

Next in the pecking order are local governments, which derive their powers from citizens for matters of security and daily living. Specifically for public safety, fire and police protection, sanitation and for education.

Derived by the consent of their citizens.

This order of authority and the ultimate law of the land cannot be changed by self-serving laws or regulations created by government without the consent of the people. The people have delegated the responsibility of creating laws to apply constitutional concepts. Unfortunately, the House of Representatives no longer effectively reflect the will of the people.

When America abandoned the principle of the citizen servant for the career politician, they also abandoned real representation. The House now responds to party rather than people, with the prime motivator being retaining positions of power. Supported by ugly money of those seeking government favor.

Likewise in the Senate, which is supposed to represent the interests of the states. It, too, has been seduced by the partisan politics of the two party system and political careers.

Citizens are unrepresented; everything is without representation.

The same is true of local governments except to a lesser degree. Officials are in the vicinity of the people they are supposed to represent. But the system makes citizen communication of their wishes difficult.

The founders specified that it is not only the right, but also the duty of citizens to throw off the tyranny of such government. Such was the purpose of the second amendment guarantee in citizens’ absolute right to keep and bear arms. A right that cannot be changed without the consent of the people in the form of an amendment to the constitution. Any law or regulation without that consent is invalid and cannot be enforced.

The order of authority has been reversed. The Federal Government usurping the power of the people. How did that happen? Two reasons.

The basic nature of man is to serve himself. The creation of career partisan politics was a major cause for the demise of citizen authority.

The second is also related to self-service. This one is the greed of the people themselves. The Federal government can print money. In so doing, they have created a huge pork barrel for states and local communities. There is much controversy in local quarters about the junkets politicians make to Washington to get the pork. And they almost always come home with it. The is the way the people who they are supposed to represent “pay them off.” The role of the Representative has become to send money home instead of minding the purse strings, writing appropriate laws and keeping tabs on the executive branch. A debt of $17 trillion, about $250,000 per household, is too unreal for citizens to be threatened by it.

Pork is the business of the Senate as well. It makes no difference if it is funny money.

That’s where we are here in America. The world of government turned upside down.

What can we do? A lot. But it will take some courage.

Almost everything that has come out of Washington in recent years has no basis in real law. All regulations, fees, unconstitutional “laws” and executive orders have no legal basis for enforcement.

Under the term of the ultimate law of the land, those regulations, fees and executive orders cannot be legally enforced.

Just don’t comply. Don’t comply. Don’t comply.

The Constitutional Sheriffs Association has faced down federal forces a number of times when federal agencies attempted to enforce unlawful regulations or directives.

It is easier to be courageous as a group than as an individual. Get your sheriff to join the Constitutional Sheriffs and stand up for you.

In addition, I believe that we can take a forceful position with heads and members of agencies who threaten our lives and take our property with personal lawsuits to recover the damages they have inflicted on us in State Courts. To my knowledge, the only official exempt from that type of suit is the President. All suits must be directed at the individual, not the agency.

The Federal government will not make them accountable. We can.

Finally, find representatives that will represent YOU rather than themselves. Put pressure on your current representative by forming a crowd and getting in his face.

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