“The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.” Samuel Adams

Tuesday, April 8, 2014

The Federal Government's "Except When" Clause

The United States Constitution is an amazing document. It is claimed to be the "supreme law" of the United States of America, though, as you will see later in my post, I question that, as it seems the Government does not follow it unless it is convenient to do so.

 The Constitution, as originally written, consisted of seven Articles. The first three Articles outline the "separation of powers", whereby the federal government is divided into three branches: the Legislature, consisting of the two houses (House and Senate) of Congress; the Executive, consisting of the President (and all of his minions); and the Judiciary, consisting of the Supreme Court and other federal courts. The fourth and sixth Articles frame the doctrine of "Federalism", describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution.

Our U.S. Constitution was adopted on September 17, 1787, by the Constitutional Convention held in Philadelphia, Pennsylvania, and ratified by conventions in eleven States. It went into effect on March 4, 1789.

Since it's adoption, it has been amended twenty-seven times. The first ten amendments (along with two others that were not ratified at the time) were proposed by Congress on September 25, 1789, and were ratified by the necessary three-fourths of the States on December 15, 1791. These first ten amendments are known as the "Bill of Rights".

The Constitution is interpreted, supplemented, and implemented by a large body of constitutional law. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of other nations.

Interestingly, after the Founders wrote and The People ratified the Constitution, the Government, with the help of the politicians in Congress, has eaten away at the Constitution with what is in effect an "Except When" clause.  Now I know many of you are scratching your head asking "What is the except when clause?" The Federal Government, and even our Congress, obviously uses this clause whenever they don't like what the Constitution says. For example, the First Amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Now, here is where the "Except When" clause come in. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (except when you operate a business, or when you buy health insurance, etc.); or abridging the freedom of speech (except when some group doesn't like what you are saying), or of the press (except when the press reports facts, incidents or information the Government doesn't want disclosed); or the right of the people peaceably to assemble (except when you will have to have a permit approved by the Government, first), and to petition the Government for a redress of grievances (except when the government determines you have no legitimate grievance). This "Except When" clause has been used rampantly lately to undermine the very fabric of the Constitution.

The American People need to put their foot down firmly and in no uncertain terms tell Government that the only way to amend the provisions of the Constitution is through the methods specified in the Constitution. No law passed by Congress can modify the terms of the Constitution with "Except When" provisions, such as you have the right to keep and bear arms except when they have a magazine that holds more than 10 rounds. The Government cannot modify the Constitution with "Except When" conditions such as you have right to be secure in your persons, houses, papers, and effects, against unreasonable searches and seizures unless a warrant has been issued based on probable cause except when we want the NSA to monitor ALL communications for possible criminal or terrorist activity. The People must demand that our Government operate within the boundaries of the Constitution....and there is no "Except When" unless it is specifically written in the Constitution in its original provisions or contained in amendments properly ratified by The People.

Stand strong, Patriots!  No Compromise, No Surrender! 
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf











Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf