How “Red Flag” Laws Violate the Bill of Rights

By Harold Pease, Ph. D.

Most now understand that “red flag” laws violate the Second Amendment of the Bill of Rights and many Republicans, including the President, now seem willing to join Democrats, after the recent shootings in El Paso and Denton by crazed left-and right wing extremists, to put dents in the Second Amendment hoping these laws “might” somehow help. But few realize that they also virtually emasculate the Bill of Rights. What follows are the amendments “red flag” laws damage and how.

Amendment I. “Red flag” laws encourage “police-led searches” of our social media, thus effectively “abridging the freedom of speech, or of the press” constitutionally protected in the First Amendment. Disagreeable speech is labeled “hate” speech, thus potentially “violent” speech, thus subject to the removal of ones weapons laws. Liberty ends when free speech, press, assembly and religion end.

Amendment II. This amendment was specifically designed to protect the first amendment giving the people the ability to resist tyrannical government as the Founders had—even by revolution if required. Any law, state or federal, that threatens the Second Amendment as written by the Founding Fathers is unconstitutional. In New Mexico that includes requirements for firearm storage and background checks for private firearm sales. In New York, it includes banning bump stock devices. In Washington State it is I-1639, which “classifies semi-automatic rifles commonly owned for recreation and self-defense as assault weapons and prohibits young adults under the age of 21 from purchasing them.” These violate “the right of the people to keep and bear Arms, shall not be infringed.”

But “red flag” laws go further, potentially allowing thousands of innocent citizens to be punished only upon the fear that a crime might be committed. Secret lists of innocent people are created by family, acquaintances, and potentially disgruntled ex-lovers or spouses. Any one that can approach a judge with the claim that someone is a danger to himself and/or others, the sheriff is sent to disarm and confiscate his weapons. Those identified are punished without having committed a crime. All this without a shred of evidence of unlawful behavior.

Amendment IV reads in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Today computers and electronic devices are our “papers” and “effects” include our weapons of self preservation. It is “unreasonable” and unconstitutional to confiscate them on the assumption that they may be used inappropriately. We might also wish to remove their automobiles, knives, hammers, or medicines they MIGHT use to harm themselves or others.

Continuing, “No Warrants shall issue, but upon probable cause.” Heretofore “probable cause” was based upon evidence of having actually done something, not opinion that someone might do something. Again, there exists no crime! A warrant alone is not due process. “Supported by Oath or affirmation,” means by government agents who have sworn allegiance to protect and preserve the Constitution, which under “red flag” laws this action violates.

Amendment V reads in part: “No person shall be…deprived of…property, without due process of law.” Due process is denied thousands under “red flag” laws. None were charged with a crime, arrested or convicted before gun confiscation. Without due process all of our rights and properties are unsecured. It is that simple.

Amendment VI lists the rights of the accused, the due process procedure entitled to all citizens, in “all criminal prosecutions.” Although “red flag” laws are not criminal prosecutions, they have the same effect. They accuse and administer punishment. They are “speedy” but not “public” as constitutionally required. None were “informed of the nature and cause of the accusation; … confronted with the witnesses against him; … [allowed] compulsory process for obtaining witnesses in his favor, and …[allowed] the assistance of counsel for his defence.” Where was the “impartial jury?” None of these four constitutionally required conditions were met prior to confiscation, as no crime had been committed. Those targeted by the government in “red flag” laws had no opportunity to resist confiscation.

Amendment VII reads “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” Twice mentioned is common law which is the underlying principles of justice that govern all human relationships—natural law—whether fully understood or not.

This amendment speaks to property exceeding $20.00 in value, of which all guns exceed. Although largely fallen into disuse because of the now unrealistic money requirement specified, the amendment suggests the importance of common law and jury (peers) trials, rather than judges, making the decisions regarding property. Certainly “red flag” laws exempt juries and confiscate property (guns).

Six of ten Bill of Right Amendments are severely damaged by “red flag” laws with due process, the backbone of our judicial system, the greatest fatality. This is certainly the greatest threat to the Bill of Rights since the Obama sponsored National Defense Authorization Act of 2012, which already effectively neutralized Amendments 4, 5, 6 and 8 of the Bill of Rights (see “New Bill Damages Bill of Rights and Could Target Americans for Military Detention,” LibertyUnderFire.org).

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly columns, please visit www.LibertyUnderFire.org.

Trump can’t Support “Red Flag” Laws and the Constitution Simultaneously

By Harold Pease, Ph. D.

Given the mass murders due to gun violence last weekend, 22 in El Paso, Texas, 9 in Dayton, Ohio, 11 in Chicago, 4 in Baltimore; it is easy to see why President Trump would seek a national solution—it is a national problem. Still, the Constitution specifically forbids a national solution—even a state solution—without a new amendment to the Constitution altering the second Amendment, because self-defense is an individual right (even God-given) not a right from government.

The Second Amendment reads: “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” At the time of writing “militia” was the citizen and “shall not be infringed” meant off limits to government.

The only constitutional solution is a new amendment processed through Article V which requires a two-step proposal and ratification process, the latter requiring three-fourths of the states. Anything short of this is a serious “infringement” (violation) of the Constitution and a single violation justifies future violations until this particular freedom (self defense with a firearm) is lost to future generations.

“Red Flag,” laws are thought to be the “go to legislation” for the presumed mentally unstable of society that could resort to violence against themselves or others. These potentially allow thousands of innocent citizens to be punished only upon the fear that a crime might be committed. Secret lists of innocent people are created by family, acquaintances, and potentially disgruntled ex-lovers or spouses.

Anyone that can approach a judge with the claim that someone is thought to be a danger to himself and/or others, the sheriff is sent to disarm and confiscate the alleged offenders weapons. Those identified are punished without having committed a crime. All this without a shred of evidence of unlawful behavior. This legislation flies in the face of presumed innocence first which, until now, has been the backbone of our judicial system.

“Red Flag,” laws, are based entirely upon the assumption that someone may commit a crime, rather than, has committed a crime. If we disarm enough we will get the supposed perpetrator before he commits a crime. Their speech or behavior is viewed a red flag. Hitler, Stalin, Mao Tse-tung and Castro, all socialists, would have loved such laws. They could have labeled and disarmed their opposition before they did anything.

“Under Colorado’s proposed law, anyone can make a phone call to the police. They don’t even have to be living in the state. There is no hearing. All the judge has before them is the statement of concern.” Moreover, “little certainty is needed. Some states allow initial confiscations on just a ‘reasonable suspicion,’ which is little more than a guess or a hunch.” In just nine months of Florida’s Red Flag law passage, just last year, “judges granted more than 1,000 confiscation orders. In the three months after Maryland’s law went into effect on Oct. 1, more than 300 people had their guns taken away.” In Anne Arundel County, “a 61-year-old man died when the police stormed his home at 5 a.m. to take away his guns” (“The Folly of ‘Red Flag’ gun laws,” June 17, 2019, The Washington Times).

The biggest problems with Red Flag evaluations is that they happen “ex parte,” without the defendant present to defend himself. Due process, guaranteed in the Bill of Rights in three places, is denied. If “ex parte,” a second hearing is scheduled, some weeks later, where the defendant must provide evidence proving his innocence (U.S. & Texas LawShield Blog). You must prove yourself innocent of something that you never did, nor probably thought of doing, but was previously punished for by the forcible confiscation of your weapons. We are dangerously close to destroying the backbone of our judicial system, the presumption of innocence.

Some remember going down a similar path with Japanese-Americans many years ago. More than 110,000 were feared to be potentially dangerous in World War II and thus were rounded up in secret raids throughout western states and placed in “relocation camps.” No crimes had been committed and the United States later had to pay reparations to descendants for this injustice.

Both mass murderers appear to be politically motivated. El Paso mass shooter and Trump supporter Patrick Crusius, 21, traveled 650 miles to target a community at least 80% Hispanic for his victims. Far left Dayton, Ohio mass shooter and Elizabeth Warren supporter Connor Betts, 24, worshiped Antifa and hated ICE. Both far left and far right think the other crazy and capable of violence which is the foundation for Red Flag laws. Both want the power of government to remove the other.

An ominous cloud hangs over America if its citizens flood authorities with calls to take away the gun rights of the other. Historically government is happy to do both. El Paso and Dayton may be equivalents to Fort Sumpter in the Civil War.

LibertyUnderFire has already published how Red Flag laws violate, not only the Second Amendment, but amendments I, IV, V, VI and XIV as well. It essentially emasculates the Bill of Rights of the Constitution. President Trump cannot support red flag laws and the Constitution simultaneously.

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

“I Lived Under Hitler and Stalin:” They Delivered Socialism

By Harold Pease, Ph. D.

I met R. Sellner Reese about 9 years ago and found her story one of the most compelling and unusual ever; she lived under two of the most murderous socialist governments ever: Adolph Hitler and Joseph Stalin. “I was born under Hitler, grew up under Stalin and worked under communist dictators Walter Ulbricht and Erich Honnecker in East Germany,” she told me. Few had more practical experience under socialism than she.

She and her three children came to America in 1985 for political and religious freedom requesting political asylum. Her main message: “socialism never worked under these regimes and it will never work in America either.” Even then, under Obamacare, she saw America falling into the same trap of repeated lies and false promises that duped her German friends and neighbors.

She spoke to my classes when I got to the section dealing with socialism. I introduced her as having lived under two of the three biggest tyrants in world history, with China’s Mao Tse Tung being the third. She vehemently objected to my using the term communist instead of socialists. She made it clear that there was no difference and that the distinction only existed in the West. “We only used the term socialist.” I never made that mistake again. I had tried to separate the two as though one was tolerable, the other the more violent of the same thing.

“Hitler promised National Socialism but gave us tyranny instead,” she said. “Make the lie big, make it simple, keep saying it, and eventually they will believe it.” Some warned the people but the promises were so desirable and powerful. “My friend’s father told other people, that Hitler is a liar and will bring Germany down. One evening, two men came to his apartment and took him in for questioning before the police. Five days later, the wife received a letter that he has passed away with a heart problem. The family was told his grave was at the city cemetery. The family was so afraid to ask questions, and nobody knew what the Gestapo had done. No paper concerning his death was ever found. I personally know so many people who have suffered in the Nazi time.”

A second Hitler promise: “Through clever and constant application of propaganda, people can be made to see paradise as hell, and also the other way around, to consider the most wretched sort of life as paradise.” The socialist promise that the government would take from the rich and give to the poor only made everyone poor and resulted in human suffering and death, and eventually war. “In my school class of 40 children, only 8 had a father after the war. Women had to take all the responsibility for family and their future.” So much for the socialist promises.

After the war the Soviets held the eastern part of Germany where she lived, (renamed East Germany) under socialism with Joseph Stalin. “We had to learn how wonderful the Red Army was and that socialism will take over the whole world to make all people free.” She remembered the fruitless promises of prosperity under Hitler. Socialism never delivered then or under Stalin. “We had little food and I never saw a banana, and chocolate was only a dream. We had to stand in long waiting lines for food. When I finally got to the counter, there might not be anything left. To buy a car, there was a 10-15 year waiting time. Of course, you must have cash!”

Still, even midst all this poverty, the message went out, “SOCIALISM IS THE ONLY TRUTH ON THIS EARTH!” But the real truth was that the people could not choose their education or occupation. “The government had control over your personal life, our work, living place, childcare, school and the ‘STASI’ (Socialistic Secret Service) constantly watched us. If you resisted you ended up in prison and your children could be taken from you and adopted.”

A visit to Russia, the motherland of socialism, in 1982 revealed the failure of the promise of socialism there as well. “The citizens of Russia were so poor. Bad housing, not enough food and clothing.”

In 1985 Reese was finally able to leave socialist East Germany and come to the United States under political asylum. What she sees here in recent years is too similar to the socialist worlds’ from which she escaped, Reese says, and it frightens her that we are taking the same path of forced sharing the wealth and socialized medicine and so many other things, and she is forced to watch tyranny return one more time.

When she sees Congress having its own healthcare plan rather than taking the same one forced on the people, visions of privileged healthcare for the socialist leaders in East Germany comes to mind. She experienced rationed healthcare when her mother was declared too old for an operation and died two years later because resources would be better spent on the young, but knew that such would not be denied a government official.

Reese then warned, .”It can happen in America!!” What is happening in America right now is scary! I’d like to tell everybody, socialism will never work in America either.”

What would she now say with the Democratic Party openly promoting socialism.

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org

We Could Vote for Socialism, Austria did

By Harold Pease, Ph. D.

With all Democratic Party 2020 presidential candidates seemingly embracing socialism we could vote for socialism, Austria did. In the 20th Century at least a fourth of the world became socialist. Austria was the only country that acquired it by ballot rather than revolution. Once fully in place there are never again free elections with options other than socialists. Austria chose it because it promised to end dire economic conditions and died as a free nation for so doing. Kitty Werthmann, whose account is herein summarized, was an eyewitness to the vote and resultant suffocation of all freedom in Austria in 1938.

With unemployment and interest rates at 25%, the country was in deep depression and “people were going from house to house begging for food.” Kitty remembers her mother cooking a big kettle of soup and baking bread to feed her staving neighbors, about “30 daily.” The Communist Party and the National Socialist Party, two conflicting varieties of socialism, were fighting each other. The Germans, under Adolf Hitler, promised an environment of no crime, full employment, a high standard of living, and happiness. Austrians “became desperate and petitioned the government to let them decide what kind of government they wanted.” The Austrian government could not deliver these conditions, so 98% of the population, believing the lies, “voted to annex Austria to Germany and have Hitler for our ruler.” When this happened, the people danced for joy in the streets for three days.

Almost immediately law and order returned and “everyone was employed” in government created jobs, but what followed under fascist socialism was pure hell. In return for believing the empty promises, education was nationalized and freedom of religion in public education ended. Crosses in the predominantly Catholic schools were “replaced with Hitler’s picture hanging next to a Nazi flag” and prayer, replaced with singing praises of Germany. “Sunday became National Youth Day with compulsory attendance.” If their children were not present, parents were threatened first with “a stiff letter of warning,” then with a $300.00 fine, and then with jail. The day consisted of two hours of political indoctrination followed by sports and fun. The children loved it but “lived without religion.” Having no moral compass, illegitimacy flourished. “Unwed mothers were glorified for having a baby for Hitler.”

Men and women had equal rights under Hitler. They found out what that meant when workloads were equal, making no distinction on the basis of sex. When the war came in 1939, the draft was compulsory for both sexes and women served on the front lines as well. Many became “emotional cripples because they just were not equipped to handle the horrors of combat.” Kitty Werthmann continues, “When the mothers had to go out into the work force, the government immediately established child care centers. You could take your children ages 4 weeks to school age and leave them there around-the-clock, 7 days a week, under the total care of the government. The state raised a whole generation of children. There were no motherly women to take care of the children, just people highly trained in child psychology. By this time, no one talked about equal rights. We knew we had been had.”

Under Hitler’s socialism everyone was entitled to free handouts, such as food stamps, clothing, and housing. Healthcare was socialized as well, free to everyone. “Doctors were salaried by the government. The problem was, since it was free, the people were going to the doctors for everything. When the good doctor arrived at his office at 8 a.m., 40 people were already waiting and, at the same time, the hospitals were full. If you needed elective surgery, you had to wait a year or two for your turn. There was no money for research as it was poured into socialized medicine. Research at the medical schools literally stopped, so the best doctors left Austria and emigrated to other countries.” Of course, to pay for this benefit for the less productive, “the tax rate had to be raised to 80% of our income.”

When the war started, a food bank was established. “All food was rationed and could only be purchased using food stamps. At the same time, a full-employment law was passed which meant if you didn’t work, you didn’t get a ration card, and if you didn’t have a card, you starved to death.” Socialism now controlled life and death by controlling who ate.

Small businesses were intentionally over-regulated out of business leaving the government owned large businesses the only ones existing. “We had consumer protection. We were told how to shop and what to buy. Free enterprise was essentially abolished.” Moreover, “farmers were told what to produce, and how to produce it.”

Worse yet, finding it so easy to kill six million Jews, Hitler next moved on the mentally retarded as not having value and liquidated them as well. To prevent the population from revolting, guns had long since been registered, then outlawed, and freedom of speech ended as well. “Anyone who said something against the government was taken away.”

How close are we to implementing some of the above socialism by false promises, as did they, too close? Hopefully we will not waste our vote on the failed promises of socialism that delivers only slavery and shared poverty.

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org

Why the LGBT Community Should Fear Socialism

By Harold Pease, Ph. D.

Virtually all of my acquaintances in the LGBT Community are Democrats, but their party leaders have left traditional democratic principles and are now strong advocates of socialism. So why not move with them? Perhaps there are good reasons the LGBT community should fear socialism. Show me a “real” socialist country that guarantees their right to even exist.

Russia, the first socialist country, quickly conquered its 15 neighbors and assembled itself into the the Union of Soviet Socialist Republics, (U.S.S.R.). Vladimir Lenin criminalized homosexuality under Article 121 which read. “Sexual relations of a man with a man (pederasty), shall be punished by deprivation of freedom for a term of up to five years. Pederasty committed with the application of physical force, or threats, or with respect to a minor, or taking advantage of the dependent position of the victim, shall be punished by the deprivation of freedom for a term of up to eight years.” (Basic Documents on the Soviet Legal System; by WE Butler, p. 344, The Criminal Code of the USSR). After the conquest of Germany ending World War II the Union grew by 8 additional countries to 23. It might be well to remember that prison then was forced hard labor with meager rations which often resulted in starvation.

Adolf Hitler’s the National Socialist Workers Party, of Germany, otherwise known as the Nazi Party, was decidedly socialist. Hitler preached class warfare and agitated the working class to resist “exploitation” by capitalists, particularly Jewish capitalists. Nazi persecution of homosexuality was horrific including castration, murder, and incarceration in Nazi (short for nationalist socialist) concentration camps. Both gay men and lesbians were targeted.

In the socialist Republic of China during the Mao tza Tung era homosexuality was pathologized and criminalized. During the Communist Revolution (1966 to 1976), homosexuals were regarded as “disgraceful” and “undesirable” thus heavily persecuted. Homosexuality was banned until 1997 and removed as a sexual illness in 2001 yet “psychiatric facilities across the country still considering homosexuality as a mental disorder on various degrees and continuing to offer conversion therapy treatments,” the same as did its counterparts North Korea, “illegal through decency and obscenity laws,”and North Vietnam. The treatment of homosexuals under Fidel Castro in Cuba was horrific.

Venezuela, the most recent socialist country, headed by past president Hugo Chavez, likewise has not shown itself as “gay friendly.” In 2009 the International Gay and Lesbian Human Rights Commission sent out an urgent alert expressing their concern regarding the arbitrary detention of LGBT leaders in Caracas reporting that they had been verbally harassed, beaten and detained by Caracas police.

LGBT adherents, flirting with a love relationship with socialism, might take notice of what else the internationalist had to say about how modern socialists treat their community. “This incident is one of many arbitrary arrests carried out against the LGBT community under the ‘Operation Safe Caracas’ campaign, meant to crack down on crime. The police harass and abuse people whose sexual orientation and/or gender identity differs from social norms. These detentions are arbitrary under international human rights law and violate the right to life and security, to be free from arbitrary detention, to be free from torture or cruel, inhuman or degrading treatment or punishment, to be free from discrimination, to equality before the law, to freedom of expression, and to the rights of human rights defenders” (Venezuela: Condemn Arrests of LGBT in Caracas, OutRight Action International, November 12, 2009).

All the above socialist countries lowered their standard of living by adopting socialism. The USSR faced famine, even cannibalism, twice in 1921-23 and again in 1932-1933 and was twice rescued by capitalist America. Millions died in these government contrived famines to liquidated undesirables like the Kulaks, Ukrainians and Kazakhs. In Venezuela today, under Nicolus Maduro, people are eating out of garbage cans. China and Vietnam escaped much of the economic hardship by incorporating some of the free market philosophies of the West.

We observe an expansion of human suffering and death of “undesirables” under socialism. Even today China has a million Uighur Muslims in concentration camps primarily because of their religious beliefs; some suggest for ethnic cleansing. The LGBT community has never been the majority in any country and thus their practices are lawful only in a sympathetic democracy or dictatorship, which could be changed at a whim. Democracy is tolerant until the money is gone. Once fully in place, socialism becomes the most intolerant form of government known and genocide, practiced by most socialist founders, was justified for the good of the whole.

The Constitution, under federalism and as written, left behavior matters (alcohol, drugs use, or sexual preferences—even abortion) entirely to the states or lesser governments. Thus pockets of such could exist in counties or cities. But citizens of such are protected by a common Bill of Rights in any measure against them and there could never be genocide, castration or concentration camps as government policy as elsewhere. In our republic alone, again as designed, the peoples right to exist does not come from government but from God, and is guaranteed.

Socialism seeks to mold all into sameness—not just economically. Dissident, religious, or sexual expressive groups are not viewed as moldable. These will never fit. The LGBT community has nothing to gain by flirting with socialism.

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org

Why the Dependent Class Should Fear Socialism

Harold Pease, Ph. D.

As government controls more portions of the economy, democracy transcends to socialism. Sometime in this transition democracy ceases to be democracy although the term continues to be used, and no-one can identify that moment when it is too late to pull free.

So why should the dependent class, defined as the approximately 47% who pay no federal income tax and are largely those who benefit from food stamps, subsidized housing, healthcare and other assistance programs, fear socialism? Because socialism has a history of ending assistance programs. Democracy enables a marriage between the assisted class with their vote power and politicians wishing to empower themselves by, in effect, transferring wealth from those who have to the poor. Once established this marriage self perpetuates and amplifies. Try seeking office today on a platform that ends all governmental assistance programs—or, even just one, food stamps.

The brakes (limits) of the Constitution are powerful when observed but they cannot perform well once gifting (bribing the dependent class for their vote) has been introduced into the body politic. Once ingrained it cannot prevent itself from offering larger and more gifts until elections are bidding wars without constitutional restraints. This feeds an enlarging national debt that can never be paid. We see this today in the Democratic Party presidential debates: free college, reparations for the descendants of ex-slaves, a guaranteed income, and free healthcare for everyone in the world willing to cross our borders illegally. In exchange for your vote the socialist politician advocates that everything be free. This is his most powerful lure and works well on idealistic youth and the already dependent but it risks collapsing the economy, democracy, the Constitution and liberty.

Aristotle recognized this when he wrote, “Republics decline into democracies and democracies degenerate into despotism.” The deadly virus of democracy is voter gifting by politicians willing to sell their souls for elected office.

King Solon of Athens created the governmental form a republic because the philosopher king believed that man should govern himself and, once he had the republic in place, left Athens to attend the University of Alexandria in Egypt never to return. The new idea, personal freedom, resulted in five major unintended consequences: a booming economy, a creative and intellectual surge, an ever enlarging voter base, an unequal distribution of wealth because not all were equally gifted or industrious and, finally, class envy because, although all who worked were comparatively better off from pre-republic standards, some still had more.

The ever enlarging voter base deteriorated into a democracy which had no brakes, no resistance to class envy and the marriage between the expanding less productive who could link their vote with unprincipled politicians willing to transfer the fruits of labor from those who produce to those who do not in exchange for their gaining power. Democracy degenerates into gifting but soon enough there does not exist enough money to sustain the gifting and it ends with an economic crash. Once despotism replaces democracy there are no constitutional checks.

Rome repeated the same experiment with a similar result about a century later. Bread and circuses (free food and entertainment) destroyed the noble idea.

The previous failures were known to the well-read Founding Fathers who wanted the burst in creativity and general prosperity for all as delivered in a republic without the class envy and voter gifting. What if the powers of government were divided and separated into three branches with each a check on the other two and each given a list of the things they could do with gifting excluded? What if all powers not specifically mentioned in Article I, Section 8, remained with the states and the people as stipulated? What if all taxes must be spent only on the items on the list? What if the federal government could not assume additional power without the consent of 3/4th of the states? The government could not take over the economy by confiscation or regulation and the poor could never destroy the rich or devour the middle class. We could never degenerate into democracy then to the most common form of despotism today, socialism—fathered by Karl Marx.

Not a single sentence in the Constitution gives a benefit to anyone, only an environment of equality where one can maximize his talents.

In our republic all votes are not equal. Under the Constitution as designed only the House of Representatives was democratically elected by the people. State legislators voted for U.S. Senators, an Electoral College selected the President, and he appointed supreme court justices for life confirmed only by the Senate.

We must apply the brakes of the Constitution to retain our republic. Otherwise in time the productive classes cannot provide the money that is demanded of them to feed and otherwise subsidize the less productive class. It already can’t. We exceed 22 trillion dollars in debt. Each taxpayer owes the federal government $182,881, payable today (See USDebtClock.org). Despite unrealistic promises, socialism gives only slavery and shared poverty.

Gifting must end. When the banks crash a new government will form and it will not honor the debt that destroyed its predecessor government, nor is it likely to fund social security, medicare, unlimited war , income security, federal pensions or any other program that contributed to it. Under socialism freedom does not survive.

Dr. Harold Pease is a syndicated columnist and 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 taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.