Sep 12, 2012 | Constitution
By Dr. Harold Pease
A recent ABC News-Washington Post poll disclosed that President Barack Obama leads challenger Mitt Romney by three percentage points in the race for president of the United States—well within the margin of error. If this race remains this close in November chances are the one with the popular vote may lose to the one with the Electoral College vote as has happened before.
For those who do not know, the Founding Fathers opposed a democracy and hoped that descendants would never turn what they created into such. The word democracy is not in any of our original governing documents. Benjamin Franklin referred to democracy as two wolves and a lamb voting on what they would have for lunch; the well armed lamb contesting the vote. Realizing that the majority is not always right and, as such, could trample the rights of the minority becoming very tyrannical, they created a republic instead, thus we pledge allegiance to “the republic for which it stands.” A lynch mob is a democracy; everyone voting to hang the accused except the one proposed to be hung.
The vote system they created, referred to as the Electoral College, spread the vote geographically, and favored the informed over the less informed. Spreading the vote geographically was not easy, as everyone knew that the popular vote could be won by a few populated states, (today a few as ten, some say four), and that rural states or sections would never see the candidate nor would he make an appeal to their interests. To equalize the population advantage and encourage candidates to make a larger geographical appeal, the College gave population-deprived states disproportionately at least three votes. Although candidates could probably still ignore the rural states, the College made it decidedly less tempting to do so.
The College system intentionally favors the informed. Those less informed tend to vote for leaders who can give them the most from their vote but the Constitution is designed to give nothing to anyone except the opportunity to maximize their talent in an environment of freedom from excessive government. The moment government takes from one and gives to another, recipient voters henceforth expect something from their vote and politicians have shown that they can be purchased. It becomes a “blood sport” as to which candidate can give the most “goodies” to get elected.
I ask my students how many months they spent studying the propositions on the last California ballot prior to voting? Months? Days? Hours? Seldom was it more than the least amount possible to give them a “gut” feeling. I than ask why they should have the same vote power as one who did spend months studying an issue?
When put this way they better understand the principles of a republic, which rejects a popular vote for the president, having the states make that decision instead. States select a number of voters for the president equal to the number of members of Congress (both House and Senate) they have. These non-governmental individuals, selected by the state legislatures presumably for their integrity, experience, success, and wisdom, are presumably less emotionally driven (they have seen it all) and less susceptible to the emergence of a tyrant. Remember, Adolph Hitler was elected. Presumably his election would have been thwarted had Germany a functioning electoral college to mitigate the emotion or ignorance of the masses. The citizens chosen to be Electoral College voters do so in their separate state capitols usually sometime in late November and that vote is sent to, and read by, the vice president of the United States before a combined session of both Houses of Congress usually the first week in December. Normally there is little coverage of the real election of the president and this, usually negative.
This process is certainly not without its problems, but when the ill informed have the same vote strength, or higher, as the well informed the Electoral College offsets this by placing the weight of government in favor of reason and experience. It remains the best system in the world. I realize that in a day when we have high-speed communication it is easy to assume that, as a result, we have high-speed knowledge and experience as well. As a college professor in the subject area, I can emphatically argue otherwise. Nothing replaces the benefits of reason and experience and these don’t come high speed.
Given our history it is likely that the Electoral College will be called upon, once again, to go against the popular vote when the seasoned voters of the College have reason to distrust the peoples’ choice. It is there duty. It is decidedly undemocratic but we are not a democracy. Hopefully they won’t have to do so this year.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Sep 11, 2012 | Constitution
Dr. Harold Pease
Opponents of the Electoral College seek to alter a process that has worked for well over two hundred years. Unable to get two-thirds of the states to consider altering this part of the Constitution as required, some seek an end run around it instead. They say that the Electoral College is not democratic enough. They call their plan the National Popular Vote Plan. In it participating states would allocate their electoral votes to the winner of the national popular vote, rather than the winner of the popular vote in their state.
There exists no language in the Constitution authorizing a popular vote for the executive branch of government. Such came about in 1824 after the Electoral College denied the presidency to Andrew Jackson, the most popular man in America due to his success in the Battle of New Orleans in the War of 1812. His supporters, believing the denial to be an injustice, created a straw vote so that the people could participate in the election although this vote had no power.
Over time the media empowered it by treating it as the “legitimate” vote for the president belittling the College process as unfair and undemocratic. Seldom do they remind us that it works because we are not a democracy, but a Republic, and that none of the branches of government are democratic; most especially the Senate and Supreme Court. Andrew Jackson had to wait until he could convince the seasoned citizen voters of the Electoral College that he was not too emotional for the office. He did so four years later in 1828. Moreover, today the media seldom cover the real election for the president in December such is their distain for it.
Those unable to get a two-thirds vote to begin the process of altering the Electoral College have conceived a brilliant plan to do just that without the constitutional amendment required. The plan is to have each state legislature commit their state to support the national popular winner instead of the candidate winning their state. When enough states do so that the Electoral College numbers exceed 270, remaining states will be required to support as well. Wham!! Almost without any public debate outside state legislatures, and seemingly overnight, the popular vote will replace the Electoral College as the means by which a president is elected. We would be back to a few highly populated states deciding for the rest of the country.
Ironically proponents ignorantly use a small portion of the Constitution to destroy a larger portion. They cite Article II, Section 1 which reads, “Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.” This, they say, gives state legislatures the right to award their electors as they see fit. Actually, the phrase allows the state legislatures appointing powers only. To suggest that they should have influence over their voting once selected, nullifies the reason for their existence. The Electoral College was to be a non-governmental body completely separate and unaccountable to the State Legislature once appointed, as per the rest of the section. Certainly the phrase did not authorize states to simply alter or dump Article II, Section 1 and Amendment 12 of the Constitution.
Moreover, the National Popular Vote Plan also violates Article I, Section 10. This prohibits states from entering into “alliances” with other states unless Congress gives its consent. Certainly agreeing states have entered into an alliance with one another to nullify the Electoral College and the vote of states immediately following reaching the simple majority of Electoral College votes.
At present eight states and the District of Columbia, a combined electoral vote total of 132, have come on board delivering about half the 270 electoral votes needed to impose this upon the rest of the country and nullify a long standing pillar of the Constitution. States voting to change the Constitution without amending it, as required by the document, are: New Jersey 14, Wash 12, Hawaii 4, Illinois 20, Vermont 3, Maryland 10, Mass. 11, DC 3, CA 55. Colorado is likely to be next.
Granted the Electoral College is the most difficult part of the Constitution to understand and is easy to oppose because it is undemocratic. Spend some time to understand it. A patriot and constitutionalist will see through the scheme to destroy it without the debate and transparency required in Article V. No end run around this document should ever be permitted.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Sep 2, 2012 | Constitution, Globalism
By Dr. Harold Pease
President Barack Obama will assume control of U.S. communications should he feel that national security and/or emergency preparedness issues are present as per his executive order of July 6, 2012. There was no consultation with Congress whose constitutional right is to make all law (Art. I, Sec. I). Although not defined, control of all communication presumably meant everything including the Internet as per Section 5 of the Order, although not specifically named. All such was placed under the authority of the White House. (See WhiteHouse.gov July 6, 2012).
Congress had wrestled with the “need” for Internet and cyberspace control for several years even attempting to control the Internet in 2009, but the bills they had originated met with such enormous opposition by the people that the subject was, moved to the back burner. The people clearly did not want government having, what they termed, a “kill switch” on the Internet even during time of national security. Enter the President and his executive order entitled, “Assignment of National Security and Emergency Preparedness Telecommunications Functions.” The Order sounds innocent enough, everybody wants “national security” and “emergency preparedness” but neither phrase is defined. Left undefined it remains the discretion of the office of president alone, whether republican or democrat, to decide what it means. After all, what isn’t “national security?”
Taking law-making power from Congress to influence private communication industries is constitutionally questionable as is the Executive Order itself. It began with the usual statement of authority. “By the authority vested in me as President by the Constitution and the laws of the United States of America.” Presidential authority would be found in Article II, Sections 2 and 3, or in an amendment to the Constitution enacted thereafter. In this case there is none.
At this point a president should cite the recently passed law of Congress that legitimizes and authorizes the order. The copy from The White House, Office of the Press Secretary identifies none. Some suggest that this executive order is an extension of the Ronald Reagan’s Executive Order 12472 of 1984, which cites the Communications Act of 1934, as amended …, the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended…, the Federal Civil Defense Act of 1950, as amended …, the Disaster Relief Act of 1974…, Section 5 of Reorganization Plan No.1 of 1977…, and Section 203 of Reorganization Plan No. 3 of 1978….” Whether from a past Reagan executive order or not, if justification is not from Congress and recent, and instead is simply pieces of ancient laws glued together, a president risks being accused of making new law, a function of Congress alone. Only the first five citations come from Congress and these were all over 34 years old. No recent Congress has approved a thing. Again, there was no authority cited in the Order. The argument that presidents before Obama made up law as well does not make the practice constitutional.
Of course, the “Federal Government must have the ability to communicate at all times and under all circumstances to carry out its most critical and time sensitive missions.” But it has always had such. When has it not? Congress, not the president, should discern the need for, and limit to, the power to “takeover” the secular private communications industry and even they cannot do so without an amendment to the Constitution authorizing such. It is not their property.
No rational was given as to why a free people would need extensive governmental control over communications. Such was not needed in World War I, nor when the Japanese attacked Pearl Harbor in World War II, nor was it even suggested during the Cold War, when some citizens were building bomb shelters in their basements. We are told that we spend more money on our military than all the other countries of the world combined. Control of all communication is not one of the President’s listed constitutional powers. Where is the threat that justifies this overreach?
This self-empowering order left control of all communications to the discretion of the President alone (whether an Obama or a Romney as executive orders just move to the next president) as to when such conditions warranted his implementation of it. Nor were circumstances noted when such would end allowing the return of control or confiscated property and free communication permitted once again. Nor was there any noted role for our elected Congress. It is being neutered by executive orders. There was no debate and apparently no resistance. Nor was there any role noted for local civil authority—the first responders.
In light of the National Defense Authorization Act that allows the military to arrest U.S. citizens on U.S. soil and ship them to, and detained indefinitely in, Guantanamo Bay Prison without right of a judge, trial, or Bill of Rights protection, signed into law by the president last New Years Eve, this is especially serious. Add his National Defense Resource Preparedness Executive Order of March 16, 2012, which allows the Executive Branch of government to confiscate all food, water, fuel and etc. if they define a situation, or location, as a national emergency—again by the office of president alone. Tell us why we should now trust the office of president (again whether an Obama or a Romney), with control of all communication as well?
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Govt. re-prioritizing U.S. communications
EXECUTIVE ORDER DESCRIBED ABOVE
The White House
Office of the Press Secretary
For Immediate Release
July 06, 2012
Executive Order — Assignment of National Security and Emergency Preparedness Communications Functions
EXECUTIVE ORDER
– – – – – – –
ASSIGNMENT OF NATIONAL SECURITY AND
EMERGENCY PREPAREDNESS COMMUNICATIONS FUNCTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. The Federal Government must have the ability to communicate at all times and under all circumstances to carry out its most critical and time sensitive missions. Survivable, resilient, enduring, and effective communications, both domestic and international, are essential to enable the executive branch to communicate within itself and with: the legislative and judicial branches; State, local, territorial, and tribal governments; private sector entities; and the public, allies, and other nations. Such communications must be possible under all circumstances to ensure national security, effectively manage emergencies, and improve national resilience. The views of all levels of government, the private and nonprofit sectors, and the public must inform the development of national security and emergency preparedness (NS/EP) communications policies, programs, and capabilities.
Sec. 2. Executive Office Responsibilities.
Sec. 2.1. Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions described and assigned herein shall be provided through the interagency process established in Presidential Policy Directive-1 of February 13, 2009 (Organization of the National Security Council System) (PPD-1).
Sec. 2.2. The Director of the Office of Science and Technology Policy (OSTP) shall: (a) issue an annual memorandum to the NS/EP Communications Executive Committee (established in section 3 of this order) highlighting national priorities for Executive Committee analyses, studies, research, and development regarding NS/EP communications;
(b) advise the President on the prioritization of radio spectrum and wired communications that support NS/EP functions; and
(c) have access to all appropriate information related to the test, exercise, evaluation, and readiness of the capabilities of all existing and planned NS/EP communications systems, networks, and facilities to meet all executive branch NS/EP requirements.
Sec. 2.3. The Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP shall make recommendations to the President, informed by the interagency policy process established in PPD-1, with respect to the exercise of authorities assigned to the President under section 706 of the Communications Act of 1934, as amended (47 U.S.C. 606). The Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP shall also jointly monitor the exercise of these authorities, in the event of any delegation, through the process established in PPD-1 or as the President otherwise may direct.
Sec. 3. The NS/EP Communications Executive Committee.
Sec. 3.1. There is established an NS/EP Communications Executive Committee (Executive Committee) to serve as a forum to address NS/EP communications matters.
Sec. 3.2. The Executive Committee shall be composed of Assistant Secretary-level or equivalent representatives designated by the heads of the Departments of State, Defense, Justice, Commerce, and Homeland Security, the Office of the Director of National Intelligence (DNI), the General Services Administration, and the Federal Communications Commission, as well as such additional agencies as the Executive Committee may designate. The designees of the Secretary of Homeland Security and the Secretary of Defense shall serve as Co-Chairs of the Executive Committee.
Sec. 3.3. The responsibilities of the Executive Committee shall be to: (a) advise and make policy recommendations to the President, through the PPD-1 process, on enhancing the survivability, resilience, and future architecture of NS/EP communications, including what should constitute NS/EP communications requirements;
(b) develop a long-term strategic vision for NS/EP communications and propose funding requirements and plans to the President and the Director of the Office of Management and Budget (OMB), through the PPD-1 process, for NS/EP communications initiatives that benefit multiple agencies or other Federal entities;
(c) coordinate the planning for, and provision of, NS/EP communications for the Federal Government under all hazards;
(d) promote the incorporation of the optimal combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications under all circumstances;
(e) recommend to the President, through the PPD-1 process, the regimes to test, exercise, and evaluate the capabilities of existing and planned communications systems, networks, or facilities to meet all executive branch NS/EP communications requirements, including any recommended remedial actions;
(f) provide quarterly updates to the Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP, through the Co-Chairs, on the status of Executive Committee activities and develop an annual NS/EP communications strategic agenda utilizing the PPD-1 process;
(g) enable industry input with respect to the responsibilities established in this section; and
(h) develop, approve, and maintain a charter for the Executive Committee.
Sec. 4. Executive Committee Joint Program Office.
Sec. 4.1. The Secretary of Homeland Security shall establish an Executive Committee Joint Program Office (JPO) to provide full-time, expert, and administrative support for the Executive Committee’s performance of its responsibilities under section 3.3 of this order. Staff of the JPO shall include detailees, as needed and appropriate, from agencies represented on the Executive Committee. The Department of Homeland Security shall provide resources to support the JPO. The JPO shall be responsive to the guidance of the Executive Committee.
Sec. 4.2. The responsibilities of the JPO shall include: coordination of programs that support NS/EP missions, priorities, goals, and policy; and, when directed by the Executive Committee, the convening of governmental and nongovernmental groups (consistent with the Federal Advisory Committees Act, as amended (5 U.S.C. App.)), coordination of activities, and development of policies for senior official review and approval.
Sec. 5. Specific Department and Agency Responsibilities.
Sec. 5.1. The Secretary of Defense shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications that are directly responsive to the national security needs of the President, Vice President, and senior national leadership, including: communications with or among the President, Vice President, White House staff, heads of state and government, and Nuclear Command and Control leadership; Continuity of Government communications; and communications among the executive, judicial, and legislative branches to support Enduring Constitutional Government;
(b) incorporate, integrate, and ensure interoperability and the optimal combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.1(a) of this order under all circumstances, including conditions of crisis or emergency;
(c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications; and
(d) provide, operate, and maintain communication services and facilities adequate to execute responsibilities consistent with Executive Order 12333 of December 4, 1981, as amended.
Sec. 5.2. The Secretary of Homeland Security shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications, including: communications that support Continuity of Government; Federal, State, local, territorial, and tribal emergency preparedness and response communications; non-military executive branch communications systems; critical infrastructure protection networks; and non-military communications networks, particularly with respect to prioritization and restoration;
(b) incorporate, integrate, and ensure interoperability and the necessary combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.2(a) of this order under all circumstances, including conditions of crisis or emergency;
(c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications;
(d) receive, integrate, and disseminate NS/EP communications information to the Federal Government and State, local, territorial, and tribal governments, as appropriate, to establish situational awareness, priority setting recommendations, and a common operating picture for NS/EP communications information;
(e) satisfy priority communications requirements through the use of commercial, Government, and privately owned communications resources, when appropriate;
(f) maintain a joint industry-Government center that is capable of assisting in the initiation, coordination, restoration, and reconstitution of NS/EP communications services or facilities under all conditions of emerging threats, crisis, or emergency;
(g) serve as the Federal lead for the prioritized restoration of communications infrastructure and coordinate the prioritization and restoration of communications, including resolution of any conflicts in or among priorities, in coordination with the Secretary of Defense when activities referenced in section 5.1(a) of this order are impacted, consistent with the National Response Framework. If conflicts in or among priorities cannot be resolved between the Departments of Defense and Homeland Security, they shall be referred for resolution in accordance with section 2.1 of this order; and
(h) within 60 days of the date of this order, in consultation with the Executive Committee where appropriate, develop and submit to the President, through the Assistant to the President for Homeland Security and Counterterrorism, a detailed plan that describes the Department of Homeland
Security’s organization and management structure for its NS/EP communications functions, including the Government Emergency Telecommunications Service, Wireless Priority Service, Telecommunications Service Priority program, Next Generation Network Priority program, the Executive Committee JPO, and relevant supporting entities.
Sec. 5.3. The Secretary of Commerce shall: (a) provide advice and guidance to the Executive Committee on the use of technical standards and metrics to support execution of NS/EP communications;
(b) identify for the Executive Committee requirements for additional technical standards and metrics to enhance NS/EP communications;
(c) engage with relevant standards development organizations to develop appropriate technical standards and metrics to enhance NS/EP communications;
(d) develop plans and procedures concerning radio spectrum allocations, assignments, and priorities for use by agencies and executive offices;
(e) develop, maintain, and publish policies, plans, and procedures for the management and use of radio frequency assignments, including the authority to amend, modify, or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal Government; and
(f) administer a system of radio spectrum priorities for those spectrum-dependent telecommunications resources belonging to and operated by the Federal Government and certify or approve such radio spectrum priorities, including the resolution of conflicts in or among such radio spectrum priorities during a crisis or emergency.
Sec. 5.4. The Administrator of General Services shall provide and maintain a common Federal acquisition approach that allows for the efficient centralized purchasing of equipment and services that meet NS/EP communications requirements. Nothing in this section shall be construed to impair or otherwise affect the procurement authorities granted by law to an agency or the head thereof.
Sec. 5.5. With respect to the Intelligence Community, the DNI, after consultation with the heads of affected agencies, may issue such policy directives and guidance as the DNI deems necessary to implement this order. Procedures or other guidance issued by the heads of elements of the Intelligence Community shall be in accordance with such policy directives or guidelines issued by the DNI.
Sec. 5.6. The Federal Communications Commission performs such functions as are required by law, including: (a) with respect to all entities licensed or regulated by the Federal Communications Commission: the extension, discontinuance, or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to Federal Communications Commission licensees; the investigation of violations of pertinent law; and the assessment of communications service provider emergency needs and resources; and
(b) supporting the continuous operation and restoration of critical communications systems and services by assisting the Secretary of Homeland Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the Federal Communications Commission on communications infrastructure, service outages, and restoration, as appropriate.
Sec. 6. General Agency Responsibilities. All agencies, to the extent consistent with law, shall: (a) determine the scope of their NS/EP communications requirements, and provide information regarding such requirements to the Executive Committee;
(b) prepare policies, plans, and procedures concerning communications facilities, services, or equipment under their management or operational control to maximize their capability to respond to the NS/EP needs of the Federal Government;
(c) propose initiatives, where possible, that may benefit multiple agencies or other Federal entities;
(d) administer programs that support broad NS/EP communications goals and policies;
(e) submit reports annually, or as otherwise requested, to the Executive Committee, regarding agency NS/EP communications activities;
(f) devise internal acquisition strategies in support of the centralized acquisition approach provided by the General Services Administration pursuant to section 5.4 of this order; and
(g) provide the Secretary of Homeland Security with timely reporting on NS/EP communications status to inform the common operating picture required under 6 U.S.C. 321(d).
Sec. 7. General Provisions. (a) For the purposes of this order, the word “agency” shall have the meaning set forth in section 6.1(b) of Executive Order 13526 of December 29, 2009.
(b) Executive Order 12472 of April 3, 1984, as amended, is hereby revoked.
(c) Executive Order 12382 of September 13, 1982, as amended, is further amended by striking the following language from section 2(e): “in his capacity as Executive Agent for the National Communications System”.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
Aug 19, 2012 | Constitution, Take Action
By Dr. Harold Pease
A recent announcement, by General Ray Odierno, Army chief of staff, that National Guard unit training for overseas deployment will be increased rather than decreased following our “drawdown” in Afghanistan, invites a serious constitutional challenge. Sir, only Congress was given the authority “to make Rules for the Government and Regulation of the land and naval Forces (Article I, Section 8)” and none of your new rules came from them. Moreover, the Guard was never constitutionally designed to have an external protective function.
The General’s announcement, as reported in USA Today, that the traditional schedule of drilling one weekend a month and two weeks a year, established by Congress in 1903, is not enough combat training and will be abandoned beginning the new year. “Instead, they will keep preparing for war, with training periods away from home each year that would grow from a two-week block to up to seven weeks,” in addition to the one weekend a month.
But the U.S. Army’s “take-over” of the rule making power specifically left to Congress alone is not the most serious constitutional violation. Let us be reminded that Article I, Section 8 of the Constitution left all war making powers: raising armies, providing for a navy, and declaring, funding, and maintaining war with Congress alone. Defending the country is their prime responsibility.
The militia, since 1903 commonly referred to as the National Guard, however, is a separate body from the army and navy and has a distinct internal role instead. Notice the wording in the Constitution authorizing Congress, “to provide for calling for the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” Its three functions are to execute the laws in the United States, suppress insurrections within our country, and to repel invasions to it. How can the militia do any of these functions, for which it is specifically charged, if on the other side of the world?
They were never to be thought of as merely a pool of reserve troops for the army. Impeachment proceedings should have been threatened against President George W. Bush when he treated them as such deploying 100,000 of them in 2005 to Iraq and Afghanistan rather than to ask Congress to restore the draft when enlistments were not enough. This alteration of the Constitution is that serious. The National Guard was simply an easy target and no one from either party objected. It cannot perform its constitutional duty outside the United States. President Barack Obama’s mimicking the practice, and the General’s admission that at least one-year deployments of Reserve troops will continue in Afghanistan until we leave in 2014, indicates that the Constitution will continue to be violated by Democrats as well.
The rational for a militia is very simple. The first line of defense from unwanted aggression is oneself, followed by local law enforcement agents, followed by the National Guard (guarding the nation from within), followed by the military. As in soccer it is the goalie. Should invasion occur while the militia and the army are overseas we would be defenseless; by doing so both recent presidents have unconscionable left, or are leaving, us vulnerable and without a goalie.
General Odierno spoke of the need to keep the National Guard more prepared for war by extending their combat training. As “repelling invasions,” is the only one of their three constitutional functions dealing with knowing how to make war, I wonder how much training they will get in the other two, “executing the laws of the union and suppressing insurrections,” both mostly law enforcement support functions. The General did not mention any but, then again, he wrongly views them as an extension of his army—mere fodder. Congress needs to set him, and the Executive Branch he represents, straight. Will you help awaken Congress so that it will do so? After all, it’s about your liberty which is under fire.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Aug 13, 2012 | Constitution, Take Action
By Dr. Harold Pease
While on vacation in a neighboring state helping my son-in-law build a second bathroom for his soon to be family of six, I noticed more fully what I have always known; if your base is wrong so is everything else. Nothing was square, plumb or level. Things fit, and almost fall into place as if by design, when the base is right. When the foundation is level and when studs are vertically placed 16 inches on center 4 by 8 sheets of sheetrock fit perfectly, as does every thing else. If, as in my case, there are no true reference points, or constants, nothing is right, nothing fits. I had to begin anew with a rectangle room without a single wall from which to get a true bearing. Getting back to the basics that I new to be true, was painful and many times harder, but it had to be done.
In construction, as in all areas of endeavor, there are tools to get us back to proven constants such as a squares, chalk lines, or levels. In other fields it may be a ruler, compass, or a Bible. Ancient mariners used the North Star as a constant. Math, algebra, geometry are based upon constants. In chemistry water is always, and forever will be, H2O and freezes at 32 degrees. In government the constant should be the Constitution. My point. What are your constants? What do you use to decide if something is true?
Are there constants in all fields of study—even in political science? Yes! When I find another out of harmony with myself, I want to know his/her constants. What do you read or watch? What is your base? I am unimpressed when I hear the labels republican, democrat, liberal or conservative as these change—thus are not constants. John F. Kennedy, a liberal and a democrat, would make George W. Bush, a conservative and a republican, look very liberal. These terms are not trustworthy over time.
I am far more impressed when opinion is based upon factors resistant to change such as natural law and human nature are mentioned instead. Because the Constitution is based upon these constants it will deal with every crisis now or another 200 plus years from now. The Preamble identifies the purposes of government. For over 20 years I have asked my students in every political science class what they would add or remove. What is outdated or no longer relevant? No additions or deletions have been suggested.
So, what are some of those time-tested constants? Let’s identify two big ones. First, all governments tend to grow. They view everything in a way to extend their power. Either the government comes to control the people or they control it. That is why historically countries that are truly free are rare and why we are losing our freedom today. Second, the more apathetic and indifferent the public becomes the greater their tendency to shove decision-making power upward to the seat of government.
To prevent the growth of government all power not listed in Article I, Section 8, or identified in a subsequent amendment, was left with the states and the people (Amendment 10). The little power remaining was then specifically identified and separated into a branch to make all law (Article I, Section I), another to execute the law (Article II), and yet another to adjudicate the law (Article III), each with a list of powers in its respective area. The Bill of Rights was ten areas specifically identified as off limits to the federal government—again to keep it from totally controlling the people.
The constants of the Constitution will keep the government from dominating or controlling everything. It will even checkmate apathy for a time until a majority of the people fall into this category. These constants must be taught in our homes and schools so that we are not “tossed about by every wind of doctrine,” and that we have a dependable base to reference. It is our level, chalk line, and square in government and if not used nothing is right and nothing fits.
Just as a child eventually learns that he must understand, and be in obedience to, the law of gravity to survive, we as a nation must return to constitutional constants to survive as a free nation. Will you make the Constitution your constant and only vote for those who do likewise?
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Aug 3, 2012 | Constitution, Take Action
By Dr. Harold Pease
How many times have I heard that if something is wrong with a law of Congress the Supreme Court will stop it and that the Court is totally independent of Congress? Both views are decidedly incorrect. Supreme Court members may, in fact, agree that something is unconstitutional but they, by themselves, or as a body, are helpless in blocking it unless it is first challenged by someone else.
The Supreme Court may not interfere with any law unless someone is hurt or damaged by it and is able and willing to challenge the law, over a long period of time, with the likelihood of a costly but doubtful conclusion. In other words, much that is unconstitutional goes unchallenged by the Court and, if not challenged, becomes past practice and later is often used to support new alterations to the Constitution. The Court is only a partial check on constitutional law. Congress, the body charged with making all law, as per Article I, Section I, is to responsibly check itself with the Constitution. Members of Congress take an oath to do so. The voter does not take an oath but is expected to have greater loyalty to the Constitution then to political party, to be familiar enough with the Constitution to spot indiscretions, and to remove those who would defile it through ignorance or intent.
Like the legislative and executive branches, the Supreme Court too has a list of power. We count eleven. The Constitutions reads, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States; –between a State and Citizens of another State,– between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects” (See Article III, Section II.
Again, the judicial branch too is limited by a list, and case types not listed are not federal jurisdiction. If a list did not exist the Supreme Court could adjudicate wherever it wished which clearly was not the intent of the Founders. Although not constitutionally required, it is a good idea for the Court to identify one of the eleven powers that gives it jurisdiction before it takes on a case and again when a decision is rendered. Such would remind it, and sometimes us, of its limited role.
In fact, unbeknownst to most, The Supreme Court may not be permitted to render judgment in a case if Congress puts them on notice not to. Congress was given much say with respect to the cases the Court could adjudicate. In only two of the case types noted on the list—public servants and those when a state is involved—does the Court have sole, or uncontested power. In all others Congress retains oversight, which means that they can deny the Court from adjudicating altogether and/or influence the Court’s decision. Again the Constitution reads, “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.” Notice the difference between original and appellate jurisdiction. Also notice the wording, “under such Regulations as the Congress shall make.” Unfortunately, Congress has never used this power to “rein in” an unruly Court but it remains constitutional should they choose to do so.
Bottom line, the Supreme Court was never given the authority to exam all laws of Congress weeding out those that were “wrong” (constitutionally questionable), nor was it ever created to be entirely independent from Congress. Yes, it is a separate branch of government but Congress was left a definite supervisory roll over it. Do your members of Congress know this?
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
