by Craig Masters
If you are one who got a chuckle out of John Kerry calling on Russia to respect our Constitution and send Edward Snowden over here for prosecution, here is a little anecdotal law lesson.
The Bill of Rights have mostly been considered as nothing more than an interesting piece of historic paper by the current administration – democrat and republican leaders alike. The point is well illustrated by the recent exposure of the full depth of the NSA and IRS abuses of power. But the government cannot break a law if it says it didn’t because it simply makes a law that says so.
These dramatic changes to sections of the Constitution are not difficult to understand. The eavesdropping (spying) practices by the NSA were sanctioned by secret judges in secret courts citing recent laws passed by the very “leaders” who are now trying to prosecute a true “whistle-blower” for treason.
Article 5 of the Constitution provides the process of amending the Constitution. The rather difficult process, which requires approval of three-fourths of the States’ legislatures, has been undertaken successfully 27 times since 1789: including the first ten amendments we call the Bill of Rights.
The “law” which allows even a junior level analyst – such as Edward Snowden – within the NSA to secretly listen to the phone conversations of any Americans without a search warrant issued for any probable cause violates the 4th Amendment in spirit if not in fact. But then to allow any court to accept whatever “evidence might inadvertently be obtained to be used in the prosecution of any person for any crime” violates every conceivable interpretation of the 4th amendment. In other words, the administration and congress have eliminated an amendment to the Constitution without following the law. And in so doing they have also eliminated Article 5 by enforcing their illegal removal of Amendment 4 as law. They have therefore erased Article 5.
So much for eliminating Article 5 and Amendment 4.
What about the use of drones to kill Americans without a trial? The “law” allowing the President to kill Americans without a trial removes the protections established by the 5th Amendment.
So the 5th Amendment is erased.
The 2nd Amendment has been kicked around so much it is hard to find any young person who understands any of the underlying reasons why it was so important to the founders in the first place. So called “gun control” is unconstitutional unless we accept that the 2nd Amendment is no longer valid; like congress does.
So the 2nd Amendment is invalidated.
Exercising your right to worship without government intervention will land you in prison quicker than cheating on your taxes. The 1st Amendment has been chiseled down to mean that the government “respects” only the religion of Atheism and prohibits any person from offending an Atheist by exercising their own religion anywhere an Atheist might inadvertently stumble upon the services. By enforcing such laws, Congress has, in fact, declared Atheism the official religion of the nation.
So the 1st Amendment is declared unfair and therefore illegal.
The Patriot Act allows government agents to hold Americans without being given a “speedy trial” or even charged with a crime if the “government” simply chooses to do so under the suspicion of the person being a threat to national security. Consider the spying by the National Security Agency as an example of who gets to decide which Americans are threats to America. If you are not sure, check with the IRS.
And with that act, Amendment 6 was scratched off the list of the Bill of Rights.
Article 1, section 9, is “repealed” by the current Congress and Obama in their internet sales tax act. This is another example of an easy to understand violation of the Constitution by the current administration and powerful leaders in Congress. “No Tax or Duty shall be laid on Articles exported from any State.”
Article 4, section 1 is eliminated by “concealed carry” laws (which themselves could not be law if the 2nd Amendment had not been erased). Try using your permit to carry issued in Colorado in a state which doesn’t have reciprocity.
The point of this article should be clear by now. The government has gotten so large and so powerful that the Constitution no longer applies to whatever they want to do to expand their control and power.
To paraphrase Alexander Hamilton; when men are being invaded and suppressed it is easy for them to be “zealous advocates for the rights of the citizens” until they themselves gain the power to be the invaders.
Thus we all now understand the reversal of positions “politicians” take after they are elected.