- Law Cases
by Gunnery Sergeant John McClain, USMC Retired, ©2013, blogging at Gulf1
(Feb. 23, 2013) — I wrote last week on the ninth amendment of the bill of rights, and I’ve put my thoughts on the fourth amendment, pursuant to the current depredations enacted by executive order, via the Department of Homeland Security, designating “constitution free zones,” as if there were any possible authority for any subject government to do so.
For this reason it is necessary to write this essay. “The powers not delegated to The United States by the Constitution, nor prohibited by it to The States, are reserved To The States, Respectively, or to The People.” This is the sum total of the “rule of law over government,” having established exactly, the duties and purposes of the Federal Government, precisely eighteen, with only such authority conferred as is necessary to accomplish these duties, and absolutely no more.
We have given a law-abiding federal government its exact purpose, its precise duties, and established in detail, exactly how it is to carry out its functions and it’s concise limits by proclaiming all other Authority and Powers as belonging “To The States” and “to The People” in this enumeration of “Our Right to form Our government to serve Our purpose.” There is no room for legitimate question; the precision of our Constitution rivals the text of manuals describing the workings of complex machinery, or electronic devices. There is no room for question of meaning; its authority is complete and absolute in the clarity and succinctness of this absolute Statement.
We have had appointed bureaucrats proclaim from their offices in the un-Constitutional “Department of Homeland Security” or “DHS” write and introduce as a “rule,” calling it a law, declaring zones within a hundred miles of border of our Nation “constitution free zones,” and the claim by these unelected officials, we may not stand on our constitutionally recognized rights in such places, and in many cases, they cover the whole of states.
The DHS has been illegally produced, in deliberate violation of the rule of law, The U.S. Constitution, as if those serving us in government have “Sovereign Authority” of any sort. There is absolutely no room in The Constitution for government to make government. The FED was put forth as a constitutional Amendment, but failed to even get out of Congress, so Congress rewrote the amendment as a bill and passed it as such, and we have an illegal private corporation being used by Congress to produce “monopoly money” and fully avoiding their “Duty to Coin money, and to establish the value of foreign currencies relative to our own.”
The DHS has been established upon that precedent set, and without even considering an amendment, knowing well it would never pass. Congress has no authority to establish new parts of government, and the fact they have done so, routinely since they got away with it under our grandparents, or for they youngsters reading, your great-grandparents, has meant we accepted this imposition without anywhere near the level of Question and Command we were responsible to confront Congress with.
Our Constitution has been under constant attack from the day it was established as “The Rule of Law over the U.S. Government.” both in content, but far more importantly, by those who use the same venue as “The Serpent,” whose best remembered words are “surely you won’t die from just one bite.”
The United States of America exists only as long as “We, The People” accept our current and operating form as meeting the fixed established principles and standards of our foundation. We cannot allow the U.S. Constitution to be taken or ignored by choice of those whose purpose is to serve us, we either hold it as true, and the legal control over Our Own Government, and use it as it is ours, or we no longer have The United States of America. The Constitution either is still “The Rule of Law” over the Nation, or the “Nation” it established has ceased to exist. We must Bear Arms, or we shall wear chains.
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