American’s have long held dear the idea of “local control”, loosely defined as the idea that government closest to the People is most reflective of the will of the People who are governed.
The American Dream is often expressed as fair and equal treatment under the law, to own one’s own home, to apply one’s trade, to live the risky life of an entrepreneur, and to have control over one’s destiny. We demand choice in the education of our children, the freedom to believe, and the self-evident rights of free association with those we chose, to speak of that which we believe, protection of the contents of our homes, and the right to remain silent.
There are two seemingly disconnected stories providing evidence that America as a nation, and American’s as individuals are under assault by the very government that was intended to protect our nation and its People from foreign aggression. Please take notice of the separation between the government and the nation, they are not one in the same.
Who could possibly object to local control? Judge Richard Posner claims that judges should not even consider the Constitution when applying the law, which is a ludicrous position but one held by progressive judges who wish to be unbound by their contract with the People. Yes, this sounds a lot like the assertion by many conservatives that privileged persons occupying judicial branch positions have become run-away autocratic acolytes creating a ruling class that determines how People will live their lives.
The courts are not as they claim, a co-equal branch of government to the legislative branch and to the executive branch (Congress and the President). As far back as Marbury -v- Madison, the Federal courts have sought to expand their control over governance.
In an opinion piece published by the uber-left Slate.com and widely republished by Breitbart, the Washington Times and other news outlets, Seventh Circuit Judge Richard Posner wrote:
I see absolutely no value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation…. The original Constitution, the Bill of Rights, and the post–Civil War amendments… do not speak to today.”
Posner, like so many judges in the state and federal spheres, seems to forget his place in our republic. Power was ceded by the People to the States, and from the States limited, enumerated and discrete powers were ceded to the Federation of States. The united States Constitution is in every way a contract between three parties, the People, the State governments and the Federal government.
So then, without the standard of the People’s contract with government, what prevents far-left, and arguably elitist judges, to invent whatever they wish to justify their personal agenda, invoking their pet cause ideology upon the People as they please? The People who ceded power to them, look to them for enforcement of the standard and nothing else.
Judges in general, and the internal leadership of the plethora of law schools around the nation aren’t being intellectually honest about the contract. The majority of these learned souls now spout the view that ours is a “living Constitution”, which allows the enlightened oligarchy to invent whatever meaning for our national contract that fits their cultural whims. They have abandoned the standard.
Exactly what rights do the judges want you to give up? When I hear the term “living constitution” I hear “you don’t really need those God given rights, they are really only permissions that a group of rebellious malcontents gave you a long time ago.
And what about equal treatment under the law? The second story is that of an accused criminal, no not Denish D’souza, a criminal because he gave money to a friend to run a political campaign in the wrong manner. I am talking about an acknowledged criminal suspect who is running for the highest office in the land. A woman who argues that her performance is above the law and should not be a barrier to achieving her political aspirations. Mrs. Clinton, the Presidency isn’t about you. It is about the People.
The stories of Judge Posner and Madame Clinton are point to the same world view of “the rule of law”, only it isn’t the rule of law that the People think protects them. It is the world view that laws -you know, the serious ones- are meant for the masses, not for the special People.
Apparently there is widespread judicial amnesia that the Constitution of the united States is indeed a contract where the original states of the union created an entity to protect the general welfare of the States and of the People. The contract is so important that nearly every federal official is required to take an oath of office to “protect and defend the Constitution of the United States against all enemies foreign and domestic”.
Notice that it is not an office or a person that is to be protected, but the contract between the states that make up the union. It is not an oath to protect the president, or congress or even the court, but the contract itself.
If the contract between the states is not valued enough to be the standard by which all matters that affect the union are measured and decided, then we have removed the safeguard against the very tyranny that the constitution was written to prevent.
If Congress were doing its job, then every time a judge failed to uphold the constitution itself, he or she would be the subject of an impeachment hearing; every time without exception.
From the People themselves to the local school boards, town councils and even county governments, the case for “local control” is often made for the sake of self-determination. In the final analysis, we are a free People, and no judge or elected official can be allowed to interfere with the very essence that our nation was founded upon, and which the People to this day demand.
The roots of local control run deep and arose from the tyranny of kings, of lords and of barons. Men and women resent the usurpation that a small group of those sworn to protect a standard are the same who have designs to ignore it.
We the undersigned members of the Arizona House of Representatives call upon our Congressional delegation to initiate impeachment proceeding immediately and forthwith against any an all judges in the federal courts who state their intention to subvert the contract the People and the States have with the Federal government.