Archive for August 2nd, 2011

On Constitutional Authority

©2011 drkate

Building the 2nd American Republic

If we wish to think seriously about government there are certain basic questions we must ask. For example, we need to figure out how legitimate governments are established, or to put it in slightly different terms, we have to ask, “What is the foundation of legitimate political authority?” ~ Center for Civic Education

More than one hundred years before the Founders developed the Constitution for the united States, philosopher John Locke articulated the foundation for a government of, by and for the people.  By looking at the problem from the vantage of viewing what life  would be like without government, Locke called man in this state as being in a state of nature,

and argued that it “has a law of nature to govern it which obliges everyone, and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions….”

This state antedates any form of government, yet guides the purpose of government and the extent of its political authority. Fundamentally, it also provides the reason why a people would leave such a state of nature to form a government.

Locke held that the inalienable rights of individuals form the basis of all rightful governments. According to him, individuals possess these rights simply by virtue of their humanity… The authority exercised by governments is exercised on the basis of the consent of the governed and they consent to the exercise of that authority in order to acquire security for their natural rights to life, liberty and estate.

The rest is our history, you know. The thirteen independent sovereign states joined together to create our government whose purpose is to secure our natural rights. The law that empowered that government was the Constitution. They chose liberty and formed a government to secure it.

Government exists only with the consent of the governed and pursuant only to government officials’ lawful exercise of  their duties under the Constitution and their oath of office:

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” (not ‘so help me Allah‘…)

In the context of the original design and foundation of the Constitution, every single act, decision, expenditure of funds, declaration of war, and economic policy by the Obama administration, the Federal Reserve, and the  111th and 112th Congress is  null and void. Obama is ineligible and the Congress has abrogated its responsibilities.

The only Constitutional authority held lawfully in the United States today is held by We the People in and of the States. 

We have not exercised our Constitutional authority in more than fifty years. We instead continue to talk about it while our nation burns to the ground and the world is allied against America.  We blame ourselves, each other, Obama, the Congress, the republicans, the democrats, our lack of faith, the system.  More divisions emerge for us to describe, counter, understand, ignore, or cast into intrigue. Just enough information to keep from taking action.

Well, the darkest hour has arrived, and the line in the sand is bright for all to see.  It will be even a longer time before the light of day if we don’t start taking action now.

We are all ‘Birthers’ now.


 

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