Void U.S. Constitution Supreme Court Mum
WASHINGTON, D.C.–A majority of Congress and the President of the United States have re-thought their commitments to support and defend the Constitution of the United States, and have elected to replace our republican form of government, foregoing the most basic limitations to federal power.
Ignoring the requirement that states be involved in amending the Constitution, Congress and the President have formally voided the historic Fifth and Sixth amendments.
President Barak Obama signed the constitution-suspending law, hidden in the National Defense Appropriations Act, on Saturday, December 31, in Hawaii.
The new ‘law’ allows for the indefinite detention of persons, including U.S. Citizens, merely accused of certain crimes, nullifying the fifth and sixth amendments of the Constitution, which read:
“No person shall be....deprived of life, liberty, or property, without due process of law....
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
It was only recently that Nevada County videographer William Rolland was accused of terrorism in Florida. Two weeks ago, it took a jury almost no time to find Rolland not guilty of the bizarre accusations, but had the charge been levelled in 2012, his right to a trial by jury would not have been recognized.
The newly signed legislation also puts muddy boots on Article 1, Section 9, paragraph two of our previous Constitution: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
The guarantees of that Constitution are no longer recognized in this land: two of our three branches of government have agreed. We fear that tyranny may have become national habit before the Supreme Court weighs in.
We remind our readers of the difference between a democracy and a republic: a republic is based on an ironclad set of rules that prevent the individual and his natural rights from the whims and passions of the government and the majority.
A democracy is the process which last week voided our republic: a mere majority decided the state may ignore the unalienable rights of the individual.
The issue has been long in the making. Presidential power has been growing before our lifetimes. This new law merely codifies the usurpation of the Bush administration into the tyranny of the Obama administration. Congress has ceded its war-making authority, granted police powers to the executive beyond anything previously imagined, retroactively legitimized executive crimes, permitted the president to ignore the laws through “signing statements,” and allowed the greatest concentration of executive power into the biggest bureaucracy the nation has ever seen.
The people of these United States and their representatives have allowed the ignoring of the Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
We have allowed, with no declaration of war, nor public proof, our perceived enemies to be assassinated, be they foreign or citizen.
It makes de jure what had merely been de facto.
We are left without our illusions; that time would cure the terrorist witch hunt as it had in the time of the Salem Witch Trials, the Alien and Sedition Acts and the Red Scares following the two big twentieth century wars.
We can no longer delude ourselves the Patriot Act would soon be seen as the craven surrender to a cheap act of terrorism that it was. Where there was once feared a communist under every bed, we now see terrorists in those venues.
We can no longer delude ourselves that it was simply bad or incompetent men who didn’t understand, or were too frightened to realize, they were ignoring the rule of law.
We can no longer delude ourselves there is any significant difference between the nation’s two most popular political parties.
We can no longer delude ourselves the American people understand our rights do not flow from the Constitution, but come with our birth. The constitutional “protections” forbid the government from outrages against Persons, not merely U.S. citizens; yet another example that what the government can do to someone else it may eventually do to you.
This demise of our Republic is eerily similar to the rise of the National Socialists in pre-war Germany. It is eerily similar to the demise of the Roman Republic into the doomed Roman Empire.
We were warned often enough: “It is a besetting vice of democracies to substitute public opinion for law. This is the usual form in which masses of men exhibit their tyranny,” noted James Fennimore Cooper.
“Democracy consists of choosing your dictators, after they've told you what it is you want to hear,” wrote a cynical, if prescient Alan Coren.
“A republic, madam, if you can keep it,” warned Benjamin Franklin when asked what the Constitutional Convention had come up with.
H.L. Mencken wrote “The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.”
Each and every thoughtful American citizen must now re-examine his or her relationship with the U.S. government. That “republic for which it stands” no longer stands. Sooner or later, many of us will be seen as scoundrels, and there will be no protection in the law.
Those California representatives opposing the change of governance were:
CA-1Thompson, C. [D]
CA-4 McClintock, T. [R]
CA-5 Matsui, Doris [D]
CA-6 Woolsey, Lynn [D]
CA-7 Miller, George [D]
CA-9 Lee, Barbara [D]
CA-12 Speier, Jackie [D]
CA-13 Stark, Fortney [D]
CA-14 Eshoo, Anna [D]
CA-15 Honda, M.[D]
CA-16 Lofgren, Zoe [D]
CA-17 Farr, Sam [D]
CA-31 Becerra, Xavier [D]
CA-32 Chu, Judy [D]
CA-33 Bass, Karen [D]
CA-34 Roybal-Allard, L. [D]
CA-35 Waters, Maxine [D]
CA-36 Hahn, Janice [D]
CA-38 Napolitano, G. [D]
CA-40 Royce, Edw.[R]
CA-46 Rohrabacher, D. [R]
CA-48 Campbell, John [R]
Those who voted away the recognition of rights were:
CA-2 Herger, Walter [R]
CA-3 Lungren, Daniel [R]
CA-8 Pelosi, Nancy [D]
CA-10 Garamendi, J. [D]
CA-11 McNerney, J. [D]
CA-18 Cardoza, D. [D]
CA-19 Denham, Jeff [R]
CA-20 Costa, Jim [D]
CA-21 Nunes, Devin [R]
CA-22 McCarthy, Kevin [R]
CA-23 Capps, Lois [D]
CA-24 Gallegly, Elton [R]
CA-25 McKeon, Hwd ,[R]
CA-26 Dreier, David [R]
CA-27 Sherman, Brad [D]
CA-28 Berman, Hwd. [D]
CA-29 Schiff, Adam [D]
CA-30 Waxman, Henry [D]
CA-37 Richardson, L. [D]
CA-39 Sanchez, Linda [D]
Our Senators, Babs and Di, both voted against
the Republic; for the legislation.