Apercu #08:  Common Sense Separation of Power

    • To expand liberty and so stimulate the economy, the Constitution of the United States must be revisited under scrutiny as: 

       •  to ensure: but only enumerated powers give rise to law.   

       •  to notice: banks, transportation, energy, agriculture, housing, health, labor, interior, are not among those powers.

      •  to ensure: a clean and clear ”separation of the three Constitutional Powers,” as baron de Montesquieu so enlightened. 

       •  to ensure: that representatives have so abided their ’oaths to support and defend the Constitution’:

        {“I do solemnly swear or affirm that I will support and defend the Constitution of the United States, 

    against all enemies foreign and domestic, So help me God”.}

       •  to ensure: the demise of ‘misconstruction protocols and the departure of the ‘abusers of power’ scoundrels.  

       •  to ensure: the Supreme court is not political, and does abide by the constitutional consultants of ‘we the people’.

       •  to ensure: commerce is not .regulated ‘among the several citizens’ but only ‘among the several states’ {not all, just those with water disputes,}

       •  to ensure: each cvil service hire {superfluous at 2,246,000}, can be observed carrying out but constitutional duties, 

       •  to ensure: that no public Money will be drawn from the US Treasury, but in Consequence of lawful so unequivocally Authorized Appropriation Bills.  {The Treasury holds but a balance which is tax revenue, net of Appropriations} 

      •  to ensure: a regular Statement and Account of all uses made of public Moneys, {up to date, today}

      •  to ensure: {no inappropriate secret spending}[“no inappropriate over-spending”} 

      {no inappropriate expropriation of private moneys to be inappropriately used to pay unlawful public Appropriations.}

       •  fundamentally, Constitutions are: 

                    not designed to be burdened with logical subtleties, 

                    not to be imbedded with elaborate shades of meaning, nor ‘elastic’ understandings.

                    not to be a battle ground to exercise combative philosophical views, 

                    not for an elite expositor of judicial interpretation, 

                    not for misconstruction by the Judiciary branch,  executive branch, legislative branch: separately or collectively.  

                    not for the deliberately obfuscating decisions, judicially testing application of powers esoterically.

• Constitutions have a fixed, uniform, permanent construction, nothing inferred nor implied: indubitable meaning.          

•  Constitutions are not living, do not grow or become obsolete, so cannot be changed momentarily, or just be ignored.                • Constitutions have a body of fundamental principles, exact expression, Simplicity, Clarity, and Straightforwardness.  

• Constitutions do not allow political revolution, nor are dependent upon changing policy passions of each generation,           • Constitutions control any legislative act repugnant to it;              • Constitutions precisely say it, and do not depend on vague understanding, 

           • The US Constitution is a contract between “we the people,” the States, and the federal government: it defines the contractual terms that we agree to live by — nothing more and nothing less. {socialism clauses are nonexistent}

           • SO. a law repugnant to the US Constitution, must be taken back to begin again or not; this is the Constitutional rule.

 

             Abraham Lincoln, [16th] United States President, won the Civil War for the Union   

                died in office: April 15, AD 1865 by an Assassin bullet,

               Lincoln said: “Don’t interfere with anything in the Constitution.

                  That must be maintained, for it is the only safeguard of our liberties”.

               Lincoln said to Grant: “the terms of surrender for the ’South:

                                         ’ drop your weapons, go home, and live your lives”.

•  The Constitution of the United States,   

       •  Constitution “Preamble:     {So not of the Constitution, but the reason for it, by those who had created it}

            ‘we the  people’ of the United States. in order to form a more perfect Union,

          establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, 

           do ordain and establish this Constitution for the United States of America,” must be revisited under scrutiny as: 

        • To ensure: the perfect union is a federated Seat of governance as the Constitution says; not a centralized or general governance with a national bank as the progressives say.

        • To ensure: the justice of the common law is kept; and that DC drug laws reconcile with criminality.

         • To ensure: domestic Tranquility is the reason borders should be protected and Islamic killing must be stopped.  

         • To ensure: the common defence is not the CIA ‘legacy of crisis,’ and the defense is of America not of the world.

        • To ensure: promoting the general Welfare is done in the aspect of a Laissez-faire economic system free from governmental interference: such as no regulations, privileges, tariffs, and subsidies. Economics 101  is our textbook.

        • To ensure: the ‘Blessings of Liberty’ is protected by all State congressional representatives who take their oath resolutely.  

        • To ensure: liberty ‘to ourselves and to our Posterity,’ means debt will cease growing, be controlled, and get gone.

      • To ensure: ‘we the  people’ is so of each State separately, and not the undifferentiated people of the nation as a whole.

  • The Constitution of the United States: 

        • Article I Section 1  Clause 1-“All legislative Powers herein granted shall be vested in a Congress of the United States,”  must be revisited under scrutiny as :

        •  to notice “herein granted”was added by the “Committee on Style,” to stress enumerated powers to be granted.

        • to ensure, vested legislative powers, have not been delegated, nor usurped by the executive Branch, 

        • to ensure, each legislation Act is a singularly complete unit, enforceable as written, has oversight exercised, and is so   lucidly written in plain american english: yes; so, ‘we the people’ can read it for good understanding and compliance.

           {free and unencumbered by gobbledygook}

         •  to notice a huge number, 96,214, of staffers scattered about in House member’s and Senator’s members personel staff and,

         •  to notice so within 11 agencies: including the Library of Congress [LOC}, and the Government Accountability Office [GAO]  

         •  it so consists of the elected US House of Representative, chosen by the States, as apportioned [435 members},           • to notice Members of the house have also been required to sign an oath, which is held by the Clerk of the House.

          • it now consists of elected Senators, two from each State, [100 members],      

           •  So be it now: the 114th Congress ending January 3 AD 2017,    

          •  So be it: a new Congress can make law nullifying or overruling a prior Congress’s law: 

           •  So be it: a naturalization Act of AD 1790 had been repealed AD 1795, 

          •  So be it: the Alien and Sedition Acts of AD 1798, law via Federalists, expired and later repealed by Republicans.  

          •  So be it: even a Temperance Amendment had been repealed by an anti-Temperance Amendment.

       

                     Frédéric Bastiat AD 1801-1850  author: “The Law” & “The Economics of Freedom”

                           Bastiat said: “Life, liberty, and property do not exist because men have made laws.

                            On the contrary, it was the fact that life, liberty, and property existed beforehand 

                                that caused men to make laws in the first place”.