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What constitution?



The Constitution, which sets forth the principle of rule of law, defines what is unconstitutional, and guarantees freedom of speech and other liberties of a Constitutional republic, and also describes the impeachment power. (How many know of the Jewish roots of this document?) Hypocrisy threatens Constitutional government. Could Israel use a constitution like this? More to the point: would a Convention of States save it, or destroy it? (Example: civil asset forfeiture violates the Constitution.) Quick fixes like Regulation Freedom Amendments weaken it. Furthermore: the Constitution provides for removing, and punishing, a judge who commits treason in his rulings. Furthermore, opponents who engage in lawfare against an elected President risk breaking the Constitution.

If you have spent any time in the patriot movement, chances are you have heard someone say “that’s not according to the constitution” in reaction to some new government usurpation of power or peculiar action. But there are others whom you would not expect to hear that comment from, like comedian Jay Leno who said a while back:

They keep talking about drafting a constitution for Iraq. Why don’t we just give them ours? It was written by a lot of really smart guys. It’s worked for over 200 years, and Hell, we’re not using it anymore.

The Constitution is no longer in force

The Constitution. Could Israel use a constitution like this?

The US Constitution. Photo: National Archives of the United States

Unfortunately, both Mr. Leno and the constitutional patriot would be correct. Our Constitution that ensured that government existed to protect every citizen’s inalienable rights is now being considered archaic or out of touch with our modern culture. This begs the question: what is archaic about protecting our right to life, liberty, or the pursuit of happiness? Unfortunately, our population is being indoctrinated into marching lock-step down the service road of elitist tyrants that is paved with judicial over-reach and crony capitalists underwritten by special interest and self-aggrandizing carpetbaggers.

Even among Presidential candidates you can hear the echo of these anti-constitutional philosophies. For instance, in a presidential debate Chris Christie argued that he was proud to have violated the 4th Amendment in his efforts to protect the citizens of his state. Christie managed to put forth a rationale argument to support his overriding of the Amendment, which was apparently accepted because he has risen in the polls instead of being prosecuted for violating his oath of office. It is just this kind of rhetoric that has emboldened many public officials and judges to violate the Constitution according to their own ideologies. When this happens and is accepted by citizens, the ability of our check and balance system to protect our rights guaranteed under the Constitution are gone with the wind that swept away the very force of the document designed to protect them.

In my home state of NJ, the judicial system has displayed a stunning degree of arrogance regarding both the NJ and Federal Constitutions. For instance, they have boldly and without fear of retribution stated in a decision that was contrary to the NJ Constitution: “the Constitution notwithstanding.” In other words, we know this is contrary to the what the Constitution allows but we’re going to allow it anyway. In another instance concerning the constitutionality of recalling NJ Senator Menendez, the NJ Supreme Court stated in their decision that they looked high and low for a Founding Father that supported recall and could not find one. However, the petitioner’s brief, as well as their argument in court, included a quote by George Washington made two months after the Constitutional Convention, wherein he presided as President. In his quote, Washington affirmed his belief that any of the people’s representatives could and would be recalled if the people so desired. Are we to believe that the NJ Supreme Court Justices do not believe George Washington is a Founding Father or are we to believe they are a law unto themselves, accountable to no one, and bound by nothing other than their own ideologies?

More breaches of the Constitution

Oh, if those were the only instances of reckless disregard for our Constitution! In a lawsuit naming Gov. Chris Christie, et al with violations against our constitutional right to bear arms, the NJ courts tried their best to dismiss the case clandestinely without notifying the plaintiff, totally violating not only the Constitution but the plaintiff’s right to due process. Since then, any credible court would have found the defendants guilty by reason of default. Not in NJ, and not in our kangaroo court system. In this instance the plaintiff is still banging his head against the wall trying to find some semblance of justice left somewhere. To date – none can be found.

In Ohio, a suit was filed challenging Obama’s qualification to be on the ballot. The plaintiff in this instance jumped through hoops in order to have standing in the case that properly named the Ohio Secretary of State. In this instance, the Secretary of State did not appear in court – nor did any of Secretary’s representatives, which should have resulted a default decision in favor of the plaintiff. However, the judge made the almost unbelievable decision to argue the case on behalf of the MIA Secretary of State, and then proceeded to rule in favor of his argument. Folks, you can’t make this stuff up.

These instances are only those that I have pulled off the top of my head. I know others have compiled long lists of unconstitutional court decisions and elected government officials that have totally disregarded the Rule of Law to become a law unto themselves – and I have not even attempted to scratch the surface of the crimes against our Constitution committed at the federal level.

So now when I hear someone remark about something that is clearly unconstitutional, my sad but logical response back is: what constitution? You see, my friend, no constitution can survive unless those that revere it also support it, and the United States Constitution remains a victim of deadbeat citizens. Therefore it has become as obsolete as progressives would have you believe. The US Constitution – she served us well. May she rest in peace.

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RoseAnn Salanitri is a published author and Acquisition Editor for the New Jersey Family Policy Council. She is a community activist who has founded the Sussex County Tea Party in her home state and launched a recall movement against Senator Robert Menendez. RoseAnn is also the founder of Veritas Christian Academy, as well as co-founder of Creation Science Alive, and a national creation science speaker.

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