Constitutional-Literacy-25

=**Section 25: Reclaiming Our Country**=

“An enlightened people will never suffer what was established for their security to be perverted to an act of tyranny.” – George Nicholas June 4, 1788 – Virginia Convention on the Ratification of the Constitution.

The Constitution was created for a certain type of security – to “secure the blessings of liberty to ourselves and our posterity.” We have to conclude two things from this study:
 * (1) We are far from liberty and are getting close to tyranny.
 * (2) We have not been an enlightened people. Enlightened people understand their Constitution and know what’s going on in their government and hold their leaders accountable when they fail to adhere to the limitations to the Constitution and when they invade the rights of the people.

Through this short study, you actually now know more about the Constitution than most lawyers, judges, and members of Congress.

Basic principles, that if everyone and definitely our leaders knew and followed, we’d be back on the track to liberty.
 * Under the Constitution, Congress and the states share virtually no areas of joint (concurrent) jurisdiction. With rare exceptions, if the states have jurisdiction over a topic, the feds have none. If the feds have jurisdiction over a topic, the states have none. Education is suppose to be a state power, yet the feds are always involving itself. States have jurisdiction over not just education, but also welfare, medical issues, the environment, economic regulation, banking, manufacturing, mining, and agriculture. Congress doesn’t have jurisdiction over any of these, yet the federal government deeply involves itself in all.
 * It is unconstitutional for Congress to delegate its legislative power to the Executive Branch. Virtually all administrative law in this country is unconstitutional. Article I Section I says laws are to be made by Congress.
 * Both the Preamble and the Republican guarantee clause means each generation must extinguish its debts. Passing the national debt to the next generation is unconstitutional. Liberty is what is to be passed to our posterity, not debt.
 * Ultimately, the original intent was for the federal government to only have powers where the states were not competent on their own. A power was either to be federal or state, not both. Up to you if you favor more original intent or more progressive government or somewhere in between.
 * Unborn children are persons with the right to life under the 14th amendment based on original intent and law in 1868. Abortion was state by state until 1973 the Supreme Court ruled that states could not ban abortion in the first trimester, could put conditions on in the second trimester and were allowed to an in the third trimester. However, this ruling wasn’t deeply rooted in original intent of the Constitution and so remains a hot button issue still today.
 * We should not give away American self-government through the use of international treaties that purport to regulate our domestic policy. Americans should govern America. This is based on original intent. However, there are many today who do favor more of a global government, global economic system, and global progressivism.
 * We should start asking candidates precise questions about the Constitution, so we are not left with meaningless platitudes and campaign slogans. Below are questions all candidates should be asked followed by the response based on original intent followed by a more progressive response:
 * What policy issues are within the joint jurisdiction of Congress and the States? Essentially none (original) vs. Any issue aimed at government solving problems (progressive).
 * Do you think the practice of giving wide regulatory authority to the administrative agencies is constitutional? No – Article I Section I is clear that all legislative power is vested in a Congress. Bureaucrats should never be given rule making power (original). Yes – Such agencies are necessary especially if Congress is not passing certain laws (progressive).
 * Does the president have the power to send troops into battle on foreign soil without a declaration of war? Only when we’ve been directly attacked or when there is imminent national security risks and not enough time for Congress to debate a declaration of war (original). Yes as long as there is authorization of funds by Congress (progressive).
 * Do you think that unborn children have a constitutional protection to the right to life? Yes in the 14th amendment – person in 1868, science of the time, and state law says yes. Right to life amendment to the Constitution should be passed (original). A person’s rights do not begin until the birth; all rights until then are with the mother (progressive).
 * Will you vote for an unbalanced budget or an increase in the national debt? No because our duty is to pass the blessings of liberty to our posterity. A declared war is the only reason for a short term debt, but needs paid off. Yes because there are numerous areas that rely on government funding (progressive).
 * What pending treaties would you support? No current treaty. Reject all U.N. treaties since they attempt to control U.S. domestic policy. Americans must make law for America (original). The world is getting more connected and therefore a global government or at least global initiatives are necessary (progressive).
 * What can Congress regulate under the Commerce Clause? This is the most abused clause. They can regulate shipping goods and people across state lines and foreign trade (original). Congress had regulate and to an extent control various aspects of business (progressive).
 * What can Congress tax and spend money for in light of the General Welfare Clause? The Founding Fathers had two views – Madison thought tax and spend only on enumerated powers and Hamilton thought tax and spend outside of the enumerated powers but only what the states weren’t competent enough to handle. States are competent to handle health care, education, welfare, and all issues that are bankrupting the U.S. are issues the states can handle. Hamilton would support buying the Louisiana Purchase, Madison would not have. A good example today is the space program – states aren’t competent to handle, so federal should. Same with national defense (original). The federal government can tax and spend on any area it feels necessary to solve problems (progressive).
 * What will be your test of appointing or voting to confirm federal judges? Integrity, experience, and understand the original intent of the Constitution and will follow that understanding. Should be able to correctly answer the other 8 of these questions (original). A justice that is will to rule based on times that are changing without concern of original intent that may not keep up with the changing culture (progressive).

We need to stay informed and stay on top of the issues.


 * Discussion Question: What are the most important constitutional principles that you have learned through this course?**


 * Discussion Question: What are you personally going to do to help return the United States to a constitutional government?**

**Overall: Summarize the main idea of this section and why it's important.**

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