Sep 21, 2007

Hoppy Kercheval pays respects to the Constitution; What about Other Republicans?

"You ought to be extremely cautious, watchful, and jealous of your liberty; for instead of securing your rights you may lose them forever. If this new Government will not come up to the expectation of the people, and they should be disappointed -- their liberty will be lost, and tyranny must and will arise...

-- Patrick Henry, anti-federalist speech, 1788

Finally, someone in the media, albeit late, gives the Constitution some attention regarding Constitution Day. His testimony here is surprisingly frank and if it is reflective of the general public (steeped in sports and entertainment trivia, as well as superficial opinions and public sound bites) then it reveals generally 1) ignorance of the Constitution that is rooted in illiteracy, and 2) open disdain for the Constitution when it is used by those who swear to defend and uphold it as supreme law--i.e. elected officials.

Only two Congressmen at the federal level are noted for carrying a pocket copy of the Constitution, and more importantly making use of it in legislation and speeches, and they are, as Hoppy also reveals, Senator Robert C. Byrd and Representative and now presidential candidate Ron Paul. Note how the new republicans, the "establishment" treat them both, and you will see how the Constitution is held in contempt, while it is the supreme law to which all other legislation must be subordinate.

Shelly Moore Capito needs to read the Constitution, and make use of it, when reviewing legislation, instead of bowing to the arbitrary, although sometimes correct, pressures coming from party loyalty or talk radio which largely ignores this guide. It is interesting to note how BOTH democrats and republicans pick and chose which parts of the Constitution to uphold, or which legislation or policies to apply it to. BOTH are inconsistent and no administration in modern time has been as "liberal" with the Constitution as Bush government (see articles this week). Both represent "insurgents" against this law book of the official established government of the
U.S.. Our previous articles on Constitution Day have already demonstrated just some of the abuses of the Bush administration (by authors who denounced the Clinton administration as well) which has already become one of the most renowned in U.S. history for circumventing, resisting, and obfuscating the Constitution since the likes of Lincoln, Wilson, and Roosevelt. We have been witnessing under post-9/11 Bush government, under the tyrant's "plea of necessity", the final overthrow of Constitutional government toward a fascist system where the Executive is no longer equal and separate branch, but a Super-power "unitary" Executive that desires to break the bonds of restraints the Constitution clearly places on it. AMERICA IS IN A CONSTITUTIONAL CRISIS SINCE 9/11. Republicans will rue the day that they legislated these powers for Bush when they could very well later be used by Hillary Clinton!

Both democrats and republicans, at the state and local levels, need to abide by it as well. Note that we have quoted a key article of
West Virginia's constitution above, which commands the State to maintain "constitutional continuity of government" at the state level, particularly from federalization. Passing the bill against REAL ID is not an option, but required by West Virginia's constitution, as well as imitating the City of Huntington's outlawing the USA PATRIOT ACT, along with over 400 state and local municipalities nationwide that have passed resolutions against it.

The Constitution is not infallible and not inspired, and it is not to be worshipped superstitiously as a mere rite of passage or "shibboleth" to take public office. BUT IT IS THE LEGITIMATE LAW BOOK OF THE GOVERNMENT, AND SHOULD BE TREATED AS SUCH, SUPERIOR IN AUTHORITY TO ANY PRESIDENT, CONGRESS, OR JUDICIARY, WHICH THEY ALL ARE REQUIRED TO TAKE AN OATH TO "DEFEND AND PROTECT". THE CONSTITUTION IS KING, NOT THE PRESIDENT, NOR THE CONGRESS, NOR THE JUDICIARY. This is the law book of the legitimate government against which any other form or laws to the contrary are an "insurgency" and "revolutionary" by definition. (This history of American government changes is precisely that, a history of numerous "soft" revolutions, the Civil War being a "hard" revolution to democratic majority rule
). The only way to change these laws is by amendment. Congress cannot legislate away or around, despite their erroneous thinking, these laws of their own accord. Supreme Court Justice John Marshall (Marshall University's namesake) state in no uncertain terms:

"A legislative act, contrary to the Constitution, is not law".

By this means the public can see, unless they are illiterate, that the USA PATRIOT ACT, REAL ID, the Dept. of Homeland Security and a host of other innovations (e.g. Federal Reserve, Income Tax, Social Security, executive orders, "war powers", etc.) that can be traced back to the first major overthrow of it at the Civil War by Lincoln's centralization of power (violating the rights of the State's who formed the federal government) have been erected in opposition to the Constitution, and represent a constantly changing, "evolving" and growing federal government that has usurped power and become a Leviathan. The ultimate end of a Homeland Security government is fascism under either physical or electronic martial law, which is why all the emphasis on surveillance and ID cards on the pretext of 9/11.

The most important presidential race of our time (subject to the usual manipulation and control matrix) could not be more crucial to restoring the Constitution. Ron Paul stands as a counter-insurgency against the train of usurpations and abuses that threaten now in post-9/11 Bush government to become a complete tyranny, the end of which will be not only the loss of state's rights, but individual liberty as well. We have posted many articles in attempt to show how the 2008 Presidential candidates stack up ACCORDING TO THE RULE OF LAW BY THE CONSTITUTION, and also contrasted the NEOCONSERVATIVE REPUBLICAN's laws, philosophy, and policies to demonstrate the open rebellion and insurgency they represent against the legitimate Constitutional government of the United States. The political axiom we observe is this: PARTY LOYALTY BLINDS THE PUBLIC TO CONSTITUTIONAL VIOLATIONS. Party loyalty becomes the enemy when it places PERSONS or PARTY as more important than PRINCIPLES. Party loyalty blinds people to objective analysis because it requires absolute UNITY even in the face of error, mistake, or even downright deceit, as we have observed.

If the Constitution continues to be trampled, there will be no more liberty in truth (but everyone on an electronic leash under the all seeing eye of Big Brother) and "no man will be able to buy and sell unless he have the (federal) mark".

Hoppy Kercheval: The Constitution deserves deep respect

AT one time in my life, when I saw. Sen. Robert Byrd reach into his breast pocket and pull out a copy of the U.S. Constitution, I would roll my eyes.

"Oh no, here we go again," I would mutter.

You see, I came late to the Constitution. I don't think I ever took more than a passing glance at it until a few years ago. I can remember once angrily dismissing a caller to Talkline who was trying to quote the Constitution to me.

My anger, as often turns out, was rooted in ignorance.

So I started reading more about the document and began to slowly discover the lesson every citizen should know, but often does not: The Constitution is, as George Washington called it, "the guide" for America.

Washington added, by the way, it was a guide "which I will never abandon."

Monday was Constitution Day in America. The media hardly noticed. After all, O.J. was in trouble again.

But Congress passed a law in 2004, at the urging of Sen. Byrd, requiring schools that receive federal funding to teach about the Constitution on or about Sept. 17, commemorating the date it was signed.

If you're just picking up a copy of the Constitution for the first time, you may wonder what all the fuss is about. Frankly, not every part of the Constitution gives you goose bumps.

For example, Article One, Section five reads, "Each House (of congress) shall keep a journal of its proceedings, and from time to time publish the same."

It's good that somebody is taking notes on what the House and Senate are up to, but where's the underpinning of our democracy?

That's found in the amendments, particularly the Bill of Rights -- the first 10 amendments that were not ratified until 1791, four years after the Constitution.

I suppose only a geek would have a favorite amendment, but I confess to being a fan of the First:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This simple, direct sentence codified critical protections for Americans from their government. In one stroke, we received a guarantee that the government could not pass a law telling its citizens what church to go to, what to say, what to print or where to gather.

Sure, over the years courts have defined and redefined some limitations on the freedoms, but we have generally rigorously guarded those protections.

The other nine of the original 10 also extend rights and protections from a potentially invasive government -- guaranteeing to the American people the right to bear arms, protection from unreasonable searches and seizures, a series of protections in court proceedings, on and on.

And, importantly, the 10th Amendment, which says the federal government has only those powers assigned to it by the Constitution; the rest belong to the states.

That amendment, though you may hardly recognize it in practice today, was designed to limit the reach of the federal government.

I don't hear too many federal politicians today talk much about the Constitution or the Bill of Rights. I suspect that's because this founding guide of ours tells the government what it should not be doing at a time when politicians -- encouraged by large segments of the population -- are constantly talking about what more the government should be doing.

The Constitution, like the Declaration of Independence, is the definitive statement about the fundamental principle of our democracy -- the authority of government depends on the consent of the governed. And the authority extended to the government is limited.

So now when Sen. Byrd whips out that worn copy of the Constitution, as his eyes narrow and his voice rises as he begins quoting from the document that defines America more than any other, I pay attention.

Kercheval is host of TalkLine, broadcast by the MetroNews Statewide Radio Network from 10 a.m. to noon Monday through Friday. The show can be heard locally on WCHS 580 AM.