BAD LAWS & U.S. CONSTITUTION
Friday, April 27, 2007
Dr. Noel Gibeson Corbell
Everyday we see instances of one group or another claiming protection under the Constitution for one 'right' or another. However, when we actually open the Constitution and read it, we do not find that right even addressed in the Constitution. Why is that?
The Constitution was specifically designed to limit the power of government and to protect our individual rights against tyranny. It does this by using a system of checks and balances by having three co-equal branches of government with specific, limited powers. The U.S. Congress is limited to 20 enumerated powers (Article I, Section 8).
Generally speaking, there are two macro views used to interpret the U.S. Constitution; one is used by liberals and one is used by conservatives. There are three points here.
First, some will freely and loosely interpret the constitution to accomplish their social agenda. These people like to use the "necessary and proper" clause to enact legislation to support their social agenda. They believe that the constitution changes over time when new legislation is enacted. They believe that that the constitution "is a living, breathing document" and not "a stuck-in-the-past document," according to Justice Ruth Bader Ginsberg.
Second, others prefer the "strict constructionist" view of the constitution; that the constitution provides immutable guidance that does not changes with the whims of current politicians. These people are referred to as "originalists." They believe that new legislation must conform to the original intent and written law of constitution and not extend the powers of government.
Third, exceptions can be found on both sides of the aisle and political parties have violated the constitution whenever it suits them. The only exception to this general statement has been presidential candidate in Rep. Ron Paul who strictly adheres to the constitution no matter what the issue is.
- The "necessary and proper" clause (Art. I, Sect. 18) allows the Congress to enact legislation to accomplish any of its 20 enumerated powers. This has given them a free hand whenever it suits them to modify the original intent of the Founders.
- When it comes to the power to levy any income tax, that power was specifically addressed by the Founders, but modified later through amendment to the constitution. Prohibitions against having an income tax are covered in Article I, Sections 7-8, and 9. However, the income tax was enacted by politicians in direct contravention of our Founders in Amendment 16 to the constitution. However, there is another Amendment that may contravene the 16th Amendment. That amendment is the 13th Amendment against slavery and involuntary servitude. Anyone forced or coerced to pay income taxes is a slave of the government, something our Founders would have frowned upon. Most of us might agree.
- When an unconstitutional law is enacted it stands unless it is overturned in court; something that does not happen in many cases.
- Existing unconstitutional legislation begets more unconstitutional legislation. Bad laws beget more bad laws.
- Case law allows for the interpretation of laws based on what was done before in a previous case. Thus, they take on a life of their own after a while.
Clearly, the citizenry should not be happy with the way things are currently being run by our representatives, save for Ron Paul. Why, because we have to pay for everything? Most people want to keep their money and not give it to the government. That is one, pretty good reason.
Dr. Noel Gibeson Corbell. As president of the Mount Vernon Institute, Dr. Corbell provides research and consulting services into contemporary issues involving the U.S. Constitution, the Bill of Rights, and the Declaration of Independence, international affairs, human rights, the economy, terrorism, intelligence, homeland security, including counter-terrorism, and government responsibility and accountability. At Georgetown University, he taught courses as they relate to technology, intelligence, counter-intelligence, counter-terrorism and space issues. One course called Intelligence and American Foreign Policy, examined unclassified, open-source documents and the steps in the intelligence cycle up to and including preparation of the National Intelligence Estimate. As an organizational management consultant and a radio broadcaster with WALE Radio 990, he produced and hosted a live, radio talk show broadcast over New England and New York called Tomorrow, Today. Earlier, Noel Gibeson Corbell was a career U.S. Marine Corps force recon and infantry officer. In that regard he served in operational positions worldwide in jungles, deserts, mountains and oceans. Later, he was a strategic planner at Headquarters Marine Corps and for the Secretary of the Navy. His commentaries have appeared in newspapers like the Chicago Tribune, San Francisco Chronicle, the Army Times, the Air Force Times, and on the Free Market News Network, as well as in The National Interest.