Article [III]
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.Article [IV]
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.Article [V]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Part of Article XIV
4: The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
The first three listed seem pretty straightforward but look at how those guarantees have morphed into massive takings by the EPA, Army Corps of Engineers and the I.R.S. The IRS can lien your property, confiscate the money in your personal and business bank accounts and do all this without a warrant or a legal judgement (from a trial). The Law Enforcement agencies can confiscate your property without a warrant or a legal judgement (trial ruling) if you are declared a drug dealer, or even a "john" soliciting a prostitute. These glaring usurpations of our private property rights.
Now, I am totally against drug dealers but how long did it take government to take the theory of confiscation to the latest levels of a taking? Not long. First the drug dealers possession (they assume purchased with illegal money) then the "johns" automobile and now your home and lands under "wetlands" and other contrived laws. Many of these laws were upheld by the Supreme Court. But I remind myself the Court said a slave was not anything but a possession at one time. I have dealt with takings of private property by government over the years and I must say, the ability of politicians and bureaucrats to come up with new ways to take are absolutely creative and pernicious. I recall a few years ago the City Council of a California coastal town was instituting a "viewshed" tax. It didn't last long as the residents threatened to toss them from office if it was not withdrawn
But what do the "little people" of America have to fend off the brown-shirts stealing your private property? And remember, property is your land, money and even the shirt on your back. Luckily there are organizations like the Pacific Legal Foundation and The Moutain States Legal Foundation and many others the common folks can ask for help. The other way is to gain the attention of a politician or a news media that will take up your cause. But to me, these are last resorts. We should be electing people who really do uphold the oath of office which contains swearing allegiance the the Constitution. (I did more than once). But, power to lord over the little people seems to be attracting people who could care less about the document they are required to raise the hand to. (Civil Service needs to be eliminated and merit restored)
Lastly, the 14th Amendment was in the news during the last month regarding the allegation it gives the President the power to pay the bills for the government and without the Congress. As you can read the 14th is quite limited and was put together after the Civil War when things were a real mess regarding the two issues underlined. Yet, the "smartest people" in the land (democrats) and the college educated "journalists" apparently never read the Amendment. If they did they would see how silly and stupid they are. Unless the President declared the Tea Party a "rebellion" he has no power to do what those smart people said he had.
But this seems to me to be the problem. Obama supposedly was a Constitutional Professor! The politicians swear allegiance to a document they don't read or understand. (same with the bills they pass) They have bastardized the Commerce Clause of the Constitution to weasel their way into every level of America life and business and stupid Supremes have allowed them to do it. How a EPA dictate can force a state (a legal independent part) to do its bidding is still beyond my comprehension.
The bottom line to me as a person who has fought for the rights of individuals and local control is one of education and it is not extremist. The glue that holds the American people together is the Founding Documents and our fair and transparent adherence to the enumerated powers they contain. That is not something President Obama believes in but he sure uses the powers (and those not granted) to do what he wants. The democrats too, as a party, have apparently no allegiance to the Documents either. The people of America are allowing a slippery slope to be created and maintained and sooner than later, all will be piled up at the bottom of the slope and totally powerless. Diligence, education, allegiance and exercising the mandate to vote. Pretty simple. Do it!
The EPA was created by a Republican President due to a national outcry over the industrial destruction of the environment and failure of the free market. The environment obviously cuts across all States and many impactful activities and pollution impacts a multi-state region. Ergo, EPA is a Federal Agency. And a good one. I'm very thankful for this critical agency.
ReplyDeleteWeak Troll Sauce! As empty headed and oblivious a response to the post as mediocre concern troll software can generate.
DeleteGrade: C-
I don't recall saying I was for dirty air, water or whatever. I know who and how it, the EPA was created bruiser. It has morphed into a monster and is now making regulations not approved by our Constitution.
DeleteThe world has changed a bit since 1787. I believe there is no mention of the rights of African Americans, drivers licenses or child safety seats either.
DeleteWhat hasn't changed Bruiser? Well, let me see. Tyranny, power mad people and organizations, murder, theft and child abuse. Golly I could go on and on. Your point is ludicrous.
DeleteYup, and the core of that document has it that all covered.
DeleteThe rest of our society, its issues of the day, and its interaction with government has evolved over these 226 years. Evolution, progress and the way Americans see their government today doesn't dovetail very smoothly with a static document from another era. But it seems conservatives don't really respect evolution.
Golly, I have looked everywhere Bruiser and I just can't seem to find the words you say exist in the document. But, liberals see things no one else can I guess.
DeleteIt really isn't about some sort of evolution from 1776 to now but a desire to toss the underlying truths for some sort of liberal zen.
Golly then, why hasn't some smart conservative (I know, oxymoron) legal group been successful in challenging agencies such as the IRS and EPA in court? Conservative majority on the Supreme bench and such.. Seems like a no-brainer, ha?
DeleteThey have, PLF and MSLF are just two. But when individual Americans have to sue they are up against a unlimited bank account wouldn't you agree? The smart liberals (also and oxymoron) use my own money against me to keep us in our subservient place.
DeletePlenty of Koch type money to access, and plenty of lawyers who want to make a name for themselves. No sympathy for your cause there. And we are very sorry, and sad, about the slavery conditions you have endured. Boo hoo on the EPA. God forbid there is a watchdog on our environment.
DeleteBloviating is not facts. You are unserious.
DeleteYour entire blog is one big extreme opinion piece or rant without facts. Again, lets see the right leaning Supreme Court shoot down those Agencies. Pretty simple. Been waiting for a couple decades already since talk radio and conservative media started spouting that rhetoric.
DeleteBruiser, I have a real name and a real opinion. Post your name for all to see and then take the slings and arrows as I do. But alas, libs are cowards.
DeleteAh,"fish" is a liberal! Makes sense.
DeleteI know who it is, and I nake the rules.
DeleteI would like to consider myself a "classical liberal" but you progressive puritans have so befouled the term liberal I guess I will have to be satisfied with libertarian.
DeleteThe world has changed a bit since 1787.
ReplyDeleteIndeed...we now have an internet that allows the "Bruisers" of this world to pontificate...badly.
Oh dear, "fish" is beating on the "bruiser."
ReplyDeleteAre they both miserable pricks? I highly doubt it.
I admit to it though Michael (I didn't neglect you though....we are truly brothers).
DeleteThanks again for your wonderful article Todd. One thing that never changes is human nature and it's constant struggle between good and evil. My doctor cousin was never interested in politics until, like many people, it affected her and her patients. After the dust of battle somewhat settled the Congress decided that your medical records are also your private property. You might like to read some of what she experienced. http://www.mcguiresplace.net/Stories-Random%20Thoughts-An%20Inconvenient%20Truth
ReplyDelete