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America On The Brink Of Losing Constitutional Form Of Government Forever

Saturday, May 9, 2015 18:23
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(Before It's News)

Flags and Guns

By: Voice of Reason

FOR MORE NEWS BY VOICE OF REASON CLICK HERE!

 

When Ben Franklin exited the Constitutional Convention he was asked by a woman, “What form of government have you given us?”

A REPUBLIC HE SAID… IF YOU CAN KEEP IT!

WELL, YOU PLANNING ON KEEPING IT?

OBAMA SURE IS HACKING IT TO PIECES!

Notice Benjamin Franklin used the word “republic” and never did he couple it to the word “democratic,” or “democracy.” WHY? Because the differences between a republic (a government of law) and a democracy (majority rule) are so incredibly important to preserving what few liberties we still have left… allow me to explain the difference to the average American who probably has no idea. You can be SURE your kids won’t get this lesson in school!

The United States was founded as a Republic, NOT a Democracy, no matter how much Barrack Obama wants to insist we live in a Democracy. As the title of the article implies, the difference is NOT an idle one. “Let me be clear,” Democracy is what ol’ Barry wants to be sure. Why? Democracy often goes by a less flattering nickname which is better explained in the text below: a Mob-acracy. Whatever the mob wants, the mob gets in a pure Democracy. Our Founders were careful to avoid establishing the United States as such. They CERTAINLY tried to avoid what we have become, which is neither a Constitutional Republic, nor a Democracy, but rather an OLIGARCHY… but that’s a whole different discussion. 

With the system we have in place now, whoever promises the most free stuff seems to be the winner in almost all situations. The result: a Mob-acracy. As I’ve said many times, I fear once Barrack finishes his term, in addition to the irreversible damage he has done with Obamacare, at current pace there will be more American households receiving government checks than those that don’t. That will virtually guarantee a one party system and a true Democracy/Mob-acracy, since I don’t have much faith too many households will vote themselves out of a check. At that point, we’ll be a one party system, and probably never see a GOP President again. Peter gives about the best dumbed down version I’ve ever heard. 

[Audio/Video below cannot be seen in Newsletter – have to go to Blog]

“I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

SUMMARY

In the Pledge of Allegiance we all pledge allegiance to our Republic, not to a democracy. “Republic” is the proper description of our government, not “democracy.” I invite you to join me in raising public awareness regarding that distinction.A republic and a democracy are identical in every aspect except one. In a republic the sovereignty is in each individual person. In a democracy the sovereignty is in the group.

Republic. That form of government in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. [NOTE: The word “people” may be either plural or singular. In a republic the group only has advisory powers; the sovereign individual is free to reject the majority group-think. USA/exception: if 100% of a jury convicts, then the individual loses sovereignty and is subject to group-think as in a democracy.]

Democracy. That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. [NOTE: In a pure democracy, 51% beats 49%. In other words, the minority has no rights. The minority only has those privileges granted by the dictatorship of the majority.

The distinction between our Republic and a democracy is not an idle one. It has great legal significance.The Constitution guarantees to every state a Republican form of government (Art. 4, Sec. 4). No state may join the United States unless it is a Republic. Our Republic is one dedicated to “liberty and justice for all.” Minority individual rights are the priority. The people have natural rights instead of civil rights. The people are protected by the Bill of Rights from the majority. One vote in a jury can stop all of the majority from depriving any one of the people of his rights; this would not be so if the United States were a democracy. (see People’s rights vs Citizens’ rights)

In a pure democracy 51 beats 49[%]. In a democracy there is no such thing as a significant minority: there are no minority rights except civil rights (privileges) granted by a condescending majority. Only five of the U.S. Constitution’s first ten amendments apply to Citizens of the United States. Simply stated, a democracy is a dictatorship of the majority. Socrates was executed by a democracy: though he harmed no one, the majority found him intolerable.

 

SOME DICTIONARY DEFINITIONS

Government. ….the government is but an agency of the state, distinguished as it must be in accurate thought from its scheme and machinery of government. ….In a colloquial sense, the United States or its representatives, considered as the prosecutor in a criminal action; as in the phrase, “the government objects to the witness.” [Black’s Law Dictionary, Fifth Edition, p. 625]

Government; Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whome those powers are specially delegated. In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. [Black’s Law Dictionary, Fifth Edition, p. 626]

Democracy. That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. Black’s Law Dictionary, Fifth Edition, pp. 388-389.

Note: Black’s Law Dictionary, Fifth Edition, can be found in any law library and most law offices.

Republic

Democratic Form of Government: An environmental organization proposes a bill for the ballot that every individual should reduce his water household usage by 25%. To assure that this goal is met, the government, or private sector, will monitor every individual’s household water consumption rate. If an individual does not meet the goal, his first offense is $500 fine. Second offense is $750 fine and 30 days community service. Third offense is $1,500 fine and 30 days imprisonment. Fourth offense is $1,750 fine and 90 days imprisonment. Fifth offense is a felony (1-year imprisonment) and $2,000 fine.

The people argue this environmental issue back and forth. They argue the pros and cons of the issue. This great debate is held at town hall meetings. Strong opinions are on both sides of the matter. One side preaches, “It is for the common good!” The other side rebuttals, “This is control and not freedom, and lost of choice!” Election day occurs. The people go to the ballot box to settle the problem. The majority won by a vote of 51% whereas the minority lost with a vote of 49%. The minority is ignored. The majority celebrates while the minority jeers in disappointment. Since the majority won, the bill goes in effect. As a result of the majority winning, every individual must reduce his household water usage by 25%. For the reason that the majority has mandatory powers in a democracy. Those who wish to go against the collective (whole body politic) will be punished accordingly. The minority has neither voice nor rights to refuse to accept the dictatorial majority. Everything is mandatory in a democracy. This brings dictatorship and lividity to the realm.

Republican Form of Government: An environmental organization proposes a bill for the ballot that every individual should reduce his water household usage by 25%. To assure that this goal is met, the government, or private sector, will monitor every individual’s household water consumption rate. If an individual does not meet the goal, his first offense is $500 fine. Second offense is $750 fine and 30 days community service. Third offense is $1,500 fine and 30 days imprisonment. Fourth offense is $1,750 fine and 90 days imprisonment. Fifth offense is a felony (1-year imprisonment) and $2,000 fine.

The people argue this environmental issue back and forth. They argue the pros and cons of the issue. This great debate is held at town hall meetings. Strong opinions are on both sides of the matter. One side preaches, “It is for the common good!” The other side rebuttals, “This is control and not freedom, and lost of choice!” Election day occurs. The people go to the ballot box to settle the problem. The majority won by a vote of 51% whereas the minority lost with a vote of 49%. The minority may have lost, but not all is gone. The majority celebrates while the minority jeers in disappointment. Since the majority won, the bill goes in effect. As a result of the majority winning, it is advisory that every individual reduce his household water usage by 25%. For the reason that the majority has advisory powers in a republic. Bearing in mind that each individual is equally sovereign in a republic, he is free to reject the majority. He may choose to follow the majority and subject himself to the rule, or he may choose not to follow the majority and not subject himself to the rule. The minority has a voice and rights to refuse to accept the majority. Everything is advisory in a republic. This brings liberty and peace to the realm.

Republic 2

 

COMMENTS

Notice that in a Democracy, the sovereignty is in the whole body of the free citizens. The sovereignty is not divided to smaller units such as individual citizens. To solve a problem, only the whole body politic is authorized to act. Also, being citizens, individuals have duties and obligations to the government. The government’s only obligations to the citizens are those legislatively pre-defined for it by the whole body politic.

In a Republic, the sovereignty resides in the people themselves, whether one or many. In a Republic, one may act on his own or through his representatives as he chooses to solve a problem. Further, the people have no obligation to the government; instead, the government being hired by the people, is obliged to its owner, the people.

The people own the government agencies. The government agencies own the citizens. In the United States we have a three-tiered cast system consisting of people —> government agencies —> and citizens.

The people did “ordain and establish this Constitution,” not for themselves, but “for the United States of America.” In delegating powers to the government agencies the people gave up none of their own. (See Preamble of U.S. Constitution). This adoption of this concept is why the U.S. has been called the “Great Experiment in self government.” The People govern themselves, while their agents (government agencies) perform tasks listed in the Preamble for the benefit of the People. The experiment is to answer the question, “Can self-governing people coexist and prevail over government agencies that have no authority over the People?”

The citizens of the United States are totally subject to the laws of the United States (See 14th Amendment of U.S. Constitution). NOTE: U.S. citizenship did not exist until July 28, 1868.

Actually, the United States is a mixture of the two systems of government (Republican under Common Law, and democratic under statutory law). The People enjoy their God-given natural rights in the Republic. In a democracy, the Citizens enjoy only government granted privileges (also known as civil rights).

There was a great political division between two major philosophers, Hobbes and Locke. Hobbes was on the side of government. He believed that sovereignty was vested in the state. Locke was on the side of the People. He believed that the fountain of sovereignty was the People of the state. Statists prefer Hobbes. Populists choose Locke. In California, the Government Code sides with Locke. Sections 11120 and 54950 both say, “The people of this State do not yield their sovereignty to the agencies which serve them.” The preambles of the U.S. and California Constitutions also affirm the choice of Locke by the People.

It is my hope that the U.S. will always remain a Republic, because I value individual freedom.

Thomas Jefferson said that liberty and ignorance cannot coexist.* Will you help to preserve minority rights by fulfilling the promise in the Pledge of Allegiance to support the Republic? Will you help by raising public awareness of the difference between the Republic and a democracy?

“If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” - Thomas Jefferson, 1816.

Click HERE for the Source

The rule of law is in grave danger, as federal regulators use ever thinner legal pretexts to enable vast public policy changes without votes by our elected representatives.  In a span of just seven days, (essay originally published on March 5, 2015) the FCC declared the Internet a public utility, Congress acceded to DHS implementing executive amnesty, the president used a veto threat to protect the NLRB’s ambush elections rule, and the Supreme Court’s four liberals showed they are not just willing but enthusiastic to allow the IRS to ignore the plain language of Obamacare.  A great week for regulators, but a terrible week for everyone else.

The FCC order regulating the Internet was written by political operatives in the White House, is over 300 pages long and – even though it was approved on a party-line 3-to-2 vote on February 26 – has still not been released to the public.  The man who reportedly convinced President Obama to demand the FCC, which is supposed to be an independent agency, to adopt his plan was Tumblr CEO David Karp, who when asked the most rudimentary question about the economics of the order replied: 

“Ummm, uhhhh, I confess. Not my area of expertise.”  Now, the same radical pressure groups that have long pushed for such regulations, funded by $196 million from George Soros and the Ford Foundation, are launching a major effort to scare Congress – the legitimate legislative branch of the federal government – into sitting on their hands and not acting on the issue.

The union agenda was emphatically rejected when the card check bill, a union wish list that included ending private ballot protections for organizing elections crashed and burned in Obama’s first term.  Undeterred, the president stacked the NLRB with union lawyers via “recess appointments” made when the Senate was not in recess.  When the Supreme Court struck down the illegal appointments in an emphatic 9-to-0 decision, Harry Reid threatened to use the nuclear option to break Senate rules to stack the board again.  (Reid later went beyond threats and actually executed the nuclear option to allow Obama to stack the DC Circuit court that reviews agency actions, enabling further abuses of agency power.)

The union lawyers at the NLRB recently adopted an ambush elections rule that allows union organizers to demand surprise elections at a strategic moment of their choosing, before employees have an opportunity to consider the arguments against joining a union.  The Senate voted to overturn the rule this week, but President Obama promised to use his veto to keep the rule in effect, even though it is opposed by Congress.

Worst of all, the Supreme Court appears to be seriously entertaining allowing an IRS rule that magically transfigures healthcare.gov, created by the federal secretary of Health and Human Services, into “an exchange established by the state.” That little IRS magic spends billions of taxpayer dollars on subsidies and triggers employer mandate penalties, causing jobs to be destroyed and shifts cut in states that lawfully opted out.  The rule is absurd on its face.  But it may be upheld, and if it is, we will officially be in an era in which agencies like the IRS can do the opposite of what the laws actually say.

This is all in just one week. (I haven’t even mentioned that the EPA remains as committed as ever to coercing states into adopting cap-and-trade energy taxes that were rejected by Congress.)

The shifting of ever more power into the presidency and his regulatory apparatus is a long running problem, but it has accelerated dramatically in the current administration.  President Obama is now even reportedly exploring the possibly of usurping Congress’s most fundamental power by directly ordering tax hikes.

We are, if the American people don’t wake up and demand better, on the brink of losing our constitutional form of government forever in favor of a soft tyranny of federal regulators constrained only by elite opinion and quadrennial presidential elections.

Phil Kerpen is head of American Commitment and a leading free-market policy analyst and advocate in Washington. Kerpen was the principal policy and legislative strategist at Americans for Prosperity for over five years.  He previously worked at the Free Enterprise Fund, the Club for Growth, and the Cato Institute.  Kerpen is also a nationally syndicated columnist, chairman of the Internet Freedom Coalition, and author of the 2011 book “Democracy Denied.

Originally published on CNSNews.com, March 5, 2015

Click Here to Read More Essays From This Year’s 90 Day Study!

Read the article here at Constituting America:

 

By: Voice of Reason

FOR MORE NEWS BY VOICE OF REASON CLICK HERE!

 

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Total 3 comments
  • desertspeaks

    Fool, you believe their CONstitution applies to you. Newsflash, it does NOT apply to you! You are not a party to their CONstitution!

    Let me guess, you don’t believe me?? Well, here’s what their courts have to say about “you” and their CONstitution.
    Padelford, Fay & Co vs. The Mayor and Alderman of the City of Savannah
    “But, indeed, no private person has a right to complain, by suit in Court, on the ground of a breach of the Constitution. The Constitution, it is true, is a compact, but he is not a party to it. The States are the parties to it.”

    http://www.scribd.com/doc/14566693/Padelford-Fay-Co-vs-The-Mayor-and-Alderman-of-the-City-of-Savannah#scribd See bottom right of page 45 and the top left of page 46 for the above quote!

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  • Michael Carrigan

    We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

    The people of the United States ARE the parties that created the Constitution. It doesn’t matter what “leaders” tell you otherwise. They do NOT do so rightfully.

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    • desertspeaks

      You could not be more wrong.. you make assumptions, you have beliefs but no tangible evidence that supports your indoctrination!

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