If Congress Can, Unilaterally, Modify The Constitution

By | January 1, 2013

Following The Philadelphia (Constitutional) Convention of 1787, where The United States Constitution was debated, written, and sent to the thirteen respective states for ratification, many notable, and well-respected Patriots, and statesmen, such as Patrick Henry and George Mason, also referred to as The Anti-Federalists, publicly spoke out against the ratification of The Constitution. Among the several reasons: they believed it was a threat to Individual Liberties; they were opposed to the new Federal Court system; and feared that The President would eventually morph into a King. In a paper, which eventually became part of the Anti-Federalist Papers, and under the pseudonym “Brutus,” it was written:

“Ought not a [Federal] government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are willfully endeavoring to deceive, and to lead you into an absolute state of vassalage.”

At the time that The Constitution was being written, Thomas Jefferson while serving as an U.S. Ambassador in France, wrote to James Madison, advocating for a Bill of Rights. Also, not pleased with the results of The Constitutional Convention, three of the remaining delegates refused to sign the document: Edmund Randolph of Virginia, George Mason of Virginia, and Elbridge Gerry of Massachusetts. A Bill of Rights was demanded if they were to support the Constitution. It was to these men, the Anti-Federalists of the day, and their wisdom and opposition to The Constitution at the time, that we can thank for our treasured Bill Of Rights.

Inspired largely by The Virginia Declaration of Rights (1776), which was largely inspired by The English Bill of Rights (1689), James Madison introduced a series of legislative articles to the 1st United States Congress, which were adopted by the House of Representatives on August 21, 1789; proposed, jointly, by Congress, on September 25, 1789; and through the process of state ratification, were adopted as the first ten amendments to The United States Constitution. The Bill Of Rights went into effect on December 15, 1791.

Since their inception, sadly, the amendments contained in The Bill of Rights have been more or less ignored and trampled on by different Administrations and Congresses throughout the years. But, since the horrific attacks of September 11th, 2001, it seems like there has been a torrent of never-ending attacks on these rights, by our Federal Government; all under the guise of safety and security.

Just as the events of 911 were heart-wrenching, and a sincere challenge to our country, so too was the recent tragedy in Connecticut, where several children were tragically murdered by a sick individual. But, as with 911, instead of just bringing the perpetrator(s) to justice, and/or seeking the “actual” motives behind the attacks, and facing up to the reality that there are evil people in the world, it appears that legislators are, once again, trying to hold all of society guilty for the sick acts of a very small number of people. I think Ronald Reagan summed it up nicely, when he wrote these wise words:

“We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.”

And, since this horrible event unfolded in Connecticut, the same alarmists and reactionaries are out, trying to tell us why we must now forfeit our 2nd Amendment rights. My reaction, aside from grieving for these poor children and their families, was to ask, “why the hell was The Federal Government ever involved in this area to begin with”? To start, The 2nd Amendment instructs The Federal Government that, “the right of the people to keep and bear Arms, shall not be infringed.”

Therefore, what if each school district throughout the country were left to decide what their security priorities should be? Or, at the very least, each state had their own policies in place; isn’t it then conceivable that a would-be killer would not have chosen such an easy and vulnerable target had he known that an armed individual, or individuals, may have been inside the school, whose purpose it is to protect the children? It is also conceivable that the children are asking, why the bad guys with guns can enter their schools, but why weren’t there good guys with guns, there to protect them! That answer is fairly simple: because misguided politicians, in my opinion, are trying to teach our children that “all people” with guns are bad people!

And, if that were the case, then, it would also stand to reason that everyone in our military, down to the local police, are bad people — which is so obviously not the case! Just as every American citizen that gets on an airplane, is not a would-be terrorist! I often wonder why society, by in large, never holds Government responsible for the laws that they create; or, ask, how is Government culpable for these terrible acts? Too many people, blindly, assume that, because Government is doing something, that is must be good, or just. Nothing can be further from the truth!

Particularly where politics are injected, as opposed to sound and rational decisions, based on real-world implications. The idea that Congress can create these one-size-fits-all policies, for all 50 states, and over 300 million citizens, is beyond delusional; it is downright dangerous, and irresponsible!

Our Bill of Rights were conceived, and adopted, by very practical men, who were well-versed in history, and understood the need to keep a central Government from infringing on these rights. So many case studies could be listed, as to the tyranny that has been perpetuated by out of control Governments, who were not prohibited from disarming innocent, and law-biding citizens. Or, where the Freedom to speak one’s mind, or freely practice one’s own faith, was not safeguarded; or, where one’s right to be left alone, in their homes etc. was not protected. Each of those 10 Amendments, we call The Bill of Rights, had a historical precedent behind them.

But, besides the implications of these blatant, Constitutional intrusions by our Federal Government, is a larger, and moral question that should be asked: That is, if our original 13 states ratified our Constitution, and created our Federal Government, based on these contractual agreements; and, over and over, our Federal Government, in all of their arrogance, insists on breaching this Constitutional contract, then what is to stop us, as states, and individual citizens, from withdrawing from this contract? Where, and how often, in the real world, if a contract is so blatantly breached, that a person or business is forced to remain in that contract?

In 1913, The Sixteenth Amendment was ratified, and The Federal Income Tax was created. However, today, I, and millions of other Americans, would argue that, it has done, and continues to do, immeasurable damage to our economy and our Individual Liberties. And, to add insult to injury: during WW2, the Federal Government, presumptuously, created the withholding provisions, as a so-called, “temporary,” war measure, which allowed them to extort our money directly from our checks, and basically forced business-owners, against their will, to be tax collectors for The Federal Government. Doesn’t it stand to reason then, that if one [our Federal Government] party can, arbitrarily, modify or disregard a provision or Amendment to our Constitution – in this case, our Second Amendment – that [We, The People] the other party, can do the same?

What if, for example, every business-owner in this country decided to stop withholding taxes from their employee’s checks, and instead, focused their time, energy, and money, on actual productive activities like building their businesses, and creating more opportunities for their employees? It seems to me that our Federal Government would not be too thrilled with that prospect. But, morally, and contractually, there would be not one ounce of difference from what our Federal Government, endlessly, and arrogantly, continues to do to the “law-biding citizens” of this country!

Ultimately, I am convinced that, our hopes of ever again having a Constitutionally Limited Government, however that outcome may come about, will not be achieved by policy-wonks and number-crunchers, who are very valuable to the intellectual side of this debate, and to whom, at times, I am one of them; rather, it is with the philosophical, moral, and emotional pleas, in the name of Individual Liberties, that, with a praise from God, we will change the hearts and minds of our fellow citizens, and once again, “secure the Blessings of Liberty to ourselves and our Posterity.”


Posted, originally at, The Original Republican

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11 thoughts on “If Congress Can, Unilaterally, Modify The Constitution

    1. Jan Brown

      A great choice to guote!! & a good book. The only thing we need after our awareness is to develop our intestinal fortitude & accept the ‘Danger” that occurs while we rise to the occassion. ..Mark, Derrell & BP, people with your knowledge & understanding might well develop & lead a “We the People” campaign that will knock the shine off of ‘him’ With direction there is an army ready to folow & waiting to find ‘what’ they can do.

      1. Mark Ross Post author

        Thank you Jan! Yes, it is a great book! I posted those words on my site because it is a very good, brief explanation, of the Declaration of Independence. Great to share with people who are just getting into it.

        Jan, I really wish that our state legislatures would stop sleeping on the job, and seriously stand up to The Federal Government; but, as we know, they are either bought off by Federal dollars, or sold out to one of these God Forsaken Parties. Short of our state legislatures taking a stand, then, it is up to We, The People, to draw the line in the sand!

      2. Derrell Poole

        I find it difficult to know what to do. But I am driven to do something. I agree that We the People need leadership that will bring us together into one solid voice. But how do we do that? Conservative Americans are traditionally independent and silent!

        I do what I know to do. I speak out. I tell my friends and my family. I link them to sites like this one. And I hope they read the words like those that Mark and so many others have written. I hope they come to realize fully what their rights SHOULD be and what they have already been robbed of. I hope it makes them mad but I hope even more that it makes them THINK. For themselves.

        But it isn’t just enough to think and talk. What can we do? Stop obeying unConstitutional laws. If I stop paying income taxes it won’t be because I am trying to avoid paying taxes. It will be because I am certain the government is destroying my way of life and acting against our Constitution. I am not required to support that government.

        Small businesses across the country are hurting and ObA-Care is the oppressor! Listen, small businesses – DON’T PAY IT! If they try to fine you, CLOSE your doors. Lay off your people if that is what it comes to but refuse to participate. Yeah it will hurt your people and some of them will hate you. But I’m fighting for the brainless progressive liberal’s rights just as much as my own. So… it’s war. What do you expect?

        If you are an employee and your employer won’t stand, change your deductions to as high as you can make them. Don’t let the government take any more from you than you have to.

        If they demand you register your Grand fathered guns – Don’t!

        Then stand. And KNOW that we stand in the court of rightiousness!

        Derrell

        1. Mark Ross Post author

          Derrell,
          It sounds like you are doing all the right things. Changing the hearts and minds of our fellow citizens – or at least an overwhelming majority of them, is the first step. The Federal Income Tax is a HUGE obstacle! Particularly after The FDR Administration (what a surprise!) created the withholding laws! That allows The Federal Government to either bribe or silence a lot of Americans, who would otherwise take a stand. I have been calling for a complete repeal of The 16th Amendment for several years now. It is both destructive to our economy as well as our Liberties. If, for example, The 16th was repealed, and replaced (if replaced at all) with a retail, “point-of-sale,” tax, ONLY, that would remove the burden from the individual citizen, and free them to speak and act without fear of economic repercussions.

          Even then, however, we still have the problem with The Federal Reserve. Unless we get back onto sound currency, The Federal Government could just print what they want, rather then tax us. That would be a way to tax us without directly taxing us. So, yes, inflation and direct taxation are two major obstacles in this fight for freedom!

          “Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematic plan of reducing us to slavery.” – Thomas Jefferson

          1. Derrell Poole

            Thanks Mark, I am completely aware that it is far more than a matter of “just do this” or “just don’t do that”. In the Book of Revelations it describes the beast as having 7 heads and 10 horns. That is a metephoric description of a multifacited very complex SYSTEM – not a single individual. (I am not a believer in a Divine entity that I can somehow count on to come and save me – we have to do this ourselves!) We need to cut off all of the heads. We have to multi task. Perhaps that is the biggest, most daunting difference between us and 1776.

            Jan, I am writing every one of those who pose as my representative to the government. I agree with you that we need to keep our faith and have hope. My hope lies in the children we have or are raising. I’ve had a good life. I could have a lot more good life. But I won’t live as a slave. If you take everything away from me and I am left with nothing but the harsh reality that is best described in the simple phrase “give me liberty or give me death” I am quite prepared to die for my country.
            Derrell

        2. Jan Brown

          Our Constitution is being shredded & our Bill of Rights is being stomped on by the big boot heel of government because we have been poor stewards for the last several generations. This is a war that we can’t turn off like a leaky faucet (oh that it were). While the Statist were preparing, we enjoyed our ‘assumed’ liberaties & allowed them in the door. I suspect it could get more than uly before we can pry their foot out of the door…Americas was founded on tenacity & there’s still plenty of that still around. It behooves each of us to start with our own homes & prepare. How? Begin with the basics for your own family & pets. & stock the basics as you would if a Hurricane Sandy was barreling down & was sticking around. Continue to speak to others, Write letters to the editor & to legislators (even those in other states) phone calls. BE HEARD! Conservaties tend to be quite..forget all that policitcl corret crap! Take off the gloves & use your outside voice at every oppportunity! The ‘few good men’ in D.C. need encouragement the others need orders, so help start a ring of fire around those (OUR)hallowed halls. If we lock arms & step in unity with those in our community, we will meet others lock arms with them, then another. Above all, remember this country was founded on FAITH, don’t lose yours…together, UNITED, we can do this!!

  1. Derrell Poole

    In 1776, at Concorde, MA a bunch of farmers and tinkers finally had, had it. They did something incredibly brave – gutsy. They took up arms and stood against a government determined to enslave them!

    What is so different today? Are we not yet sick enough of this government, intent on enslaving us? The only difference is that we live in a nation where the Law of the Land, the Constitution, gives us the RIGHT to say No to tyranny! Do we have the guts to stand up and say No! and mean it? Maybe we don’t stand in the road with a gun in our hands but we are bigger than they are!

    The Constitution and the Bill of Rights are not Inventions. They are simply what God, or this Planet, or simply the very Nature of our Species has ALWAYS entitled to us, set down in so many words! Do away with the Constitution and you will still have the inalienable nature of humans to be FREE! The only way to do away with that is to KILL all of us! Progressives are LIERS who believe in LIES!

    Think about how sick this system has become; we are compelled under the guise of “security” to give up a part of our livelihood in order for this government to enslave us and destroy our way of life. We PAY them to DO this!!! It is so simple… STOP paying them. They are at their weakest RIGHT NOW. China owns them – not us! Are we too stupid or weak to miss this opportunity?

    Thank You Mark for your Brilliant observation. If you want to kill the Snake, cut off its head!

    Derrell

    1. Mark Ross Post author

      Thank you Derrell!
      And, I totally agree with you:

      We have it in our power to effect REAL, and LASTING change. We know the road back to where we started: The Declaration of Independence, The Articles of Confederation, and The Constitution. They are the road map!

      “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, IT IS THEIR DUTY, to throw off such Government, and to provide new Guards for their future security.” – The Declaration of Independence

  2. BP

    Bravo! Well said. And I scoff at the idiots that even try to disagree. It is being tossed about that ALL Americans should stop paying taxes immediately. This government doesn’t have the means to throw upwards of 200 million people in prison. Nor do they now have the fiscal resources. It’s our money and we’re entitled to keep it!

    Here is another piece well worth reading. This man says what a majority of America is thinking! We are now ONE voice and we will only get louder!

    http://mychal-massie.com/premium/why-i-do-not-like-the-obamas/

    1. Mark Ross Post author

      Thank you BP! And, I agree with you: It is our money, and it is past high-time that we send a message, LOUD AND CLEAR, to Washington D.C. that, they no longer have our consent! And, therefore, no more access to OUR MONEY!

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