Erosion of the Constitution
I will begin by allegorically defining erosion. The Grand Canyon was formed out of solid rock by water over eons of time. Water ‘eroded’ a small obstructing hill into a chasm over a mile deep. Erosion may be insidious, but it is also ruthless. A term that might be applied to the power mad in Washington of today.
Many people refer to FDR’s New Deal as the start of the erosion of the Constitution by our government. I submit that it began much earlier than that. Take a look at Grant’s administration and his use of carpet baggers during the Restoration following the Civil Was. I could take you on a long and boring walk through many presidencies, but being the kind and gentle soul I am I will spare you that tedium.
So how about some things closer to our time? OK that should be easy. Let’s start with the Supreme court hearings during the Carter term. The media began to make an epithet of the phrase “Strict Constructionist” when referring to candidates that believed the constitution means just what it says. Skipping over many other worthy examples we come to what, in my opinion, is the single greatest practicing threat to the constitution the so called “Patriot Act” that ended with the formation of the Department of Homeland Security. This “act” was envisioned by Bush as way to imprison foreign terrorist whether on our soil or some one else's. You see the constitution strictly prohibits the incarceration of American citizens without that little thing called Habeas Corpus. Basically that is the right to appear before a judge. It does not so protect our non-indigenous enemies, nor should it. The case could be made that it doesn’t even protect a foreign national committing a lesser crime on our soil, but we habitually and rightfully extend that courtesy to them.
Now the Department of Homeland Security (Insecurity?) has decided that our mental property is not a Constitutionally protected asset to the point of saying that they have the right to search and seize your Emails, thoughts committed to hard disc, Text messages, listed phone numbers and anything else they deem ‘potentially subversive’ without either probable cause or a warrent. Particularly if it is within one hundred miles of ANY border. I wonder who decided to stop at the one hundred mile point? Why limit themselves?
In addition we are now subject to spying from the skies by our own government and threatened with murder for being in the company of a non convicted suspected person. The CIA and FBI has taken the right to open our mail, listen in on our conversations, invade our homes without warrants and on and on and on.
A Constitutional Republic? Not lately. I submit to you that most of this is caused by you and me. We have allowed the country to be taken over by the power hungry politician that is much more concerned with keeping his/her POWER than governing in a constitutional manner.
Comments
Good government provides its citizens with consistency and predictability. People need to feel secure that when they make decisions based upon what is then known about the legal consequence of those decisions, the law will not be applied differently to their actions after they have altered their position. Like many other great rights set forth in the Constitution, the prohibition against ex post facto laws has been eroded by those looking for quick solutions to the problems of the moment.
Early encroachments against the right were in the nature of recidivism laws that enhanced penalties for second and third offenses. The argument against such laws was that, "When I committed the first offense, there was no risk of the enhanced penalty. Therefore I should not be subjected to the enhancement when I commit the second offense." The Court dismissed those arguments saying, "There is no ex post facto in such circumstance because you have committed a second offense after the law was changed. You are being punished for the second offence. You had ample notice to conform your behavior."
A more serious encroachment came when legislatures began passing laws that changed future rights based upon a past status. This was generally done with controversial issues such as gun ownership. Such changes ran counter to general statutory interpretation.
The general presumption applied by Courts when interpreting statutes is that, unless there is an express legislative intent, new disabilities or legal consequences are not attached to events completed before the enactment of the statute.
"If a statute would impair rights a party possessed when he acted, increase a party's liability for past conduct or attach a new disability in respect to transactions already past, it should be presumed not to apply to events before its enactment." Wallace v Reno, 24 F. Supp2nd 104 (1998)
One exception to this rule is where a statute is remedial, such as where rules of court are altered, and substantial rights of individuals are not negatively impacted.
The presumption thus stated, sounds remarkably like the ex post facto law described by Hamilton, the enactment of which is prohibited by the Constitution. The express intent of Congress to violate the Constitution by having legislation retroactively applied, should not be the determining factor in whether or not the statute may legally be retroactively applied.
Retroactive disqualifications are a growing problem with firearms legislation. The types of conduct which result in a person being disqualified from owning firearms has been steadily growing. At one time only felony convictions resulted in a disqualification. Historically felonies were the most serious category of crime. They often carried civil disabilities. In some states people with felony convictions may not vote, serve on juries, hold certain jobs, or certain licenses, including motor vehicle licenses. This is a punishment for their anti-social behavior. People with felony convictions may not serve in the military without special waivers.
On the other hand, misdemeanor offenses were generally considered minor offenses the conviction of which did not carry any permanent or extended civil disqualification. In most states, if the offense carried a maximum potential sentence of one year or less in jail, it was considered a misdemeanor. If the maximum sentence was more that one year, it was a felony. Courts have mostly agreed that if a crime was a misdemeanor when it was committed, and that the potential sentence for the crime is later increased so that the crime is now considered a felony, that whether or not a person is treated as a felon for violating that particular law will depend upon when the violation of law took place. That is, if you committed the crime before the law was changed, your classification as person convicted of a misdemeanor will not change and you will not be subjected to the added disqualifications that flow from a felony conviction. The upgrades in punishments are not retroactively applied.
In the area of firearms legislation, there has been a deliberate attempt to have laws applied retroactively to disqualify growing numbers of people from being able to own firearms. Suddenly 40-year-old school yard scuffles are disqualifying offenses. Misdemeanor motor vehicle transgressions are being classed as "crimes of violence" because there was a risk of personal injury. Violations of hunting regulations are being classed as "gun" crimes even though they have maximum sentences of not more than 60 days in jail. Suddenly the violation of laws that when they were committed carried no civil disqualifications, have become lifetime disqualifications for gun ownership. Many of the disqualifying laws are retroactively applied. The excuse for so doing is that the disqualification is not a "punishment" of the disqualified individual but a matter of public safety.
The analysis is convoluted. If projected to other areas, it would swallow all civil rights.
By Karen MacNutt, I have been beating the drum on this Lautenberg Amendment dated 1996 for 16 years.
Why are gun owners now up and arms about losing some of their gun rights? Oh, I see, because it did not affect them then on the Lautenberg Amendment. This is what happens when you do not stand up for ALL GUN BAN INFRINGEMENTS LAWS!!! Too many people have been victims on this Lautenberg Amendment for something that was done before this new infringement gun ban law.
Howdy Karol.
i agree with you about GOD maybe stopping this but in my experience while GOD might give we the people HIS FAVOR it STILL will be left to US to do the ACTUAL FIGHTING.
because my understanding of GOD and reading my Bible everyday I've learned GOD will NOT DO FOR OTHERS WHAT THEY ARE CAPABLE OF DING FOR THEMSELVES.
also during the first Desert Storm i had a Marine Corps buddy of mine down in Florida who was a RETIRED MARINE AND GUN SMITH when that war jumped off even tho he was RETIRED the Marine Corps called him back to ACTIVE SERVICE and all due to he being a MASTER GUN SMITH, he could repair anything from a 22 Caliber Rifle up to a 155 HOWITZER. myself i tried to get back in at the time and i was only 52 at the time but had been in the VA Hospital going through the PTSD program so they wouldn't take me back lol.
and right now that Muslim is TRYING to DISARM RETURNING VETS our youngest Son who returned from Afghanistan last march told his Mama he was notified in a letter about something about his firearms he is 20% disabled from his Army rating and going to College down in Florida so were TRYING to get him to return back here to North Dakota, we also have a Son in law who did two tours in Iraq and our daughter his wife works for the Police dept in James Town North Dakota so don't know if her husband has been notified?
there is just a LOT OF CRAP going on and it's NOT going to END PEACEFULLY and i feel from my experience looking at this from a WORLD WIDE PERSPECTIVE those ONE WORLD EVIL SCUM are going to TRY and make their TOUCH DOWN and this is just building up to a FINAL HEAD ON CRASH between THEM AND US.
and i am BETTING ON US.
Semper Fi.
Jim.
Jim, you are so right. We are loosing more and more everyday, and this Marxist Socialist Muslim is going to have us all slaves if we do not stop this madness. He has already purged our military of any that refused to turn their weapons on the citizens, that is the biggest proof of his intentions of anything so far. The only good thing about that is, all those purged are are here at home, where they are needed. Every officer that had any worth has also been purged. Again, that is not all bad. Obama's handlers will get tired of of this waiting game of taking our weapons, when that happens he will start a forceful confiscation, which will start another Civil War. We The People are not stupid, most well remember Hitle's Holocaust, we will not let him put our families in concentration camps and ovens. I am a 70 year old, great grandmother, raising 2 great grandchildren by myself, I can promise you, as God as my judge, I will be fighting beside my neighbors. My father was of the Greatest Generation, he would not talk about his service, just always told us, always be prepared to fight and die, but do not let anyone take my gun. I truly never thought tyranny would ever happen here. But I see it happening everyday. The trust is being replaced with fear for our government, trust is rotting in the streets and it stinks. Our Founding Fathers warned and made provision for the possiblity of a tyrannical government, they were shrewed men, understood the corruption of power hungry men. It is because of their provisions in our Constitution and Bill of Rights this government is having problems taking over. I believe Obama and most of Congress is working on disregarding them, but I just do not think We The People will. I believe there is enough of We The People that have had their fill of this government and our rights trampled on, that there will be another civil war. I am praying it will not come to that, but they have sorely underestimated the American people and they know it. That is why they purchased enough ammo for 24 years and 7000 weapons, have labeled our vet's as terrorist and ban them from owning guns. Which will not stop our vet's. This government has over stepped itself, but there is no backing up for them, and I think they are scared. I am sure they have every right to be scared, there are at least 200 million armed people in this country that are mad as hell. I truly think right now there is only one thing that will stop a Civil War, that is our Almighty God. HE said in 2 Chronicles 7:14 :If my people who are called by my name will
humble themselves, and pray and seek my face, then I will hear from heaven, and
will forgive their sin and will heal their land." HE is very angry at His commandments that have been broken, "I am the Lord your God, thou shalt have no other god's before me", Obama's school program is teaching our children that allah is the almighty god. HE said, "thou shalt not kill", we have abortion on demand, Planned Parenthood killed over 350,000 babies last year, HE said, "man shall not lay with a man, as he does a woman, it is an abomonation in my eyes", we have same sex marriage as law. However, HE promised if we humble ourselves, pray for forgiveness, HE will hear, forgive and heal our land. HE is the only one that will or can stop the trouble coming. So I ask everyone, please pray with me, so we can stop this madness.
looks like they are following hitlers plan to the tee. they infiltrate and take over the towns, cities and local governments, they take over and control the media, the news print, they control the washington political power, the money...then they control the communications, the internet, the demonize and blame all those that oppose them, promote their agendas without constitutional review, and mostly without congress involved, they slowly take over the police, control the upper ranks of the military, they monopolize the elections, where only one party has a chance, they trde favors for big party donations, using censorship, the media controls the truth, while promoting the lies, they provide free checks and other incentives to those who dont work, they turn everything into a major crises, and then blame the opposition...check out ....THE FATAL ATTRACTION OF ADOLF HITLER....IT WILL SHOCK YOU OF HOW SIMILAR OBAMA AND HITLER ARE.
I have to agree with you 100% Jim !!
Howdy Dee.
this post is RIGHT ON and MOST of our problems began BEFORE 1861 that's just when my SOUTHERN fore fathers had enough to go to war over.
and i would add our FOUNDING FORE FATHERS and my Southern fore fathers if all were alive today they would have ALREADY GONE TO WAR TO END THIS MADNESS we now find ourselves in today.
we DON'T need any more POLITICAL PARTIES we DON'T NEED ANY POLITICAL PARTIES, what we DO NEED IS PATRIOTIC AMERICANS USING WHAT OUR 2 ND AMENDMENT WAS ADDED TO OUR CONSTITUTION FOR TO SHOOT TRAITORS NOT HUNT DUCKS.
and take this nation BACK FROM ALL AND EVERY TRAITOR because we the people are UNDER ATTACK AS IS OUR CONSTITUTION.
i know a lot of people still believe in ELECTIONS but ask yourselves SHOW ME or any one where they HAVE WORKED IN THE LAST 150 YEARS, with EVERY ELECTION which is just a HORSE AND PONY SHOW WE THE PEOPLE LOOSE MORE AND MORE OF OUR GOD GIVEN LIBERTIES AND FREEDOMS.
this MADNESS HAS TO END.
Semper Fi.
Jim.
It is time for the People to create a new Political Party....
The new party The G O P of A
GUN OWNERS PARTY of AMERICA
Ignore the Declaration, Pay the Price
"It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be to-morrow." --James Madison, Federalist No. 62, 1788
“Progressives” have long held the Declaration of Independence as legally unfettered from their view of a “living, breathing Constitution.” They commonly vilify the critical “endowment by our Creator.” There’s more to the moral, spiritual and philosophical basis of the Constitution than defining “inalienable rights.” In the Declaration there is also the chronicled history of “repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world:”
Taking a small bit of literary license to prove there are no new sins of despots, only new spins and the tiresome, “Hey get with it, it’s the 18th, 19th, 20th and now the 21st Century” as if the human hunger for freedom and natural law change with the whims of the arrogant. The “21st Century get with it” updates are in italics to clarify the damage done by the aggressors in this modern spiritual war. These direct quotes from the Declaration of Independence need no further explanation.
You are absolutly correct and yes the United States of America is not a "DEMOCRACY" it is a "CONSTITUTIONAL REPUBLIC" When the DHS was formed I said $%@!&^ heres another government grab,don't we have a Military,C.I.A, F.B.I, Coast Guard and the National Guard??? How many *%&^#@!*&^ agency's do we need??? I wonder who is paying for all of this??
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