Constitutional Libertarianism

Constitutional Libertarianism

Saturday, July 13, 2013

The Constitution, No need for "Interpretation"

Oh so often you will se ecomments and hear things from people who say they don't like a certain "interpretatrion" of the Constitution, they beleive it should be interpreted another way.

There is some sad news for those who want to "interpret" the U.S. Constitution.  It says what it means directly.  There is no need for interpretation.

For example, in a recent discussion, someone told me they didn't like the "popular interpretation" of the Second Amendment and they think the gun rights belong to states, not individuals.

Uh, the bad news for you is that the Constitution is pretty clear on that.  It doesn't say that "the right of the state to keep and bear arms..."  Here's exactly what it says...

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
See there above?  I've highlighted it for you.  It specifically states that it is the right of the people.  No interpretation required.  It says what it means.  Just because for some insane reason you don't agree doesn't mean you can somehow change what it says.

As a matter of fact, the first words are only the primary justification for providing said right that the authors felt was important enough to mention why it is so important for the people to have this right.

Do you know why there is a 15th Amendment?  Because some people felt the need to "interpret" words such as "People" so as to include some, but not others an thus felt the need to "clarify"  who is a "person".   Really folks, how stupid does a society have to be to think that the term "People" does not refer to some with a different skin color? 

In what level of idiocy does a person have to be to not understand that when the words "All men are created equal" includes men of all races?  Why on earth should that have to be spelled out in a document such as a national Constitution?

I'll tell you why.  Because some folks felt they had to "interpret" words based on what they wanted them to mean rather than on their face for what they actually were.

The 15th Amendment should not even exist because it should be so self evident that people of all races and cultures are part of the "People" and men" as related to the Constitution.  It should be a given to understand that all races are "Men" and "People".

No, people had to "interpret" things to how they wanted them to mean instead of accepting what they were, so we get stupid amendments instead.

Stop interpreting and get it into your heads.  The Constitution was fine as it stood.  Interpretation is not necessary.  You need to make sure you have a real and reasonable vocabulary to understand it apparently.

Thursday, July 4, 2013

Inalienable rights are, well, inalienable

The Declaration of Independence, the first of three founding documents of this country, says that people have three inalienable rights.  Life, Liberty and the Pursuit of Happiness.

Inalienable means that we are born with them.  These are not simply things we choose to have, but are a part of us as we are individually created and born.

It means that not only can they not be taken away by men, but that we cannot give them away either.  No more than one can "give away" their personality or their soul to another person.

These are our rights whether we want them or not in other words.  I do believe based on some discussions I have had, that there are indeed people who think they don't want them.  They would gladly trade them if they could for the security and structure of having someone else tell them how to live their lives.

The document asserts that these are given to us, bestowed upon us, created within us, by God, the Creator of all things.  Whether you individually see that as a supreme being, a natural force or otherwise, it stills exists beyond the realm of "ordinary" men to take or give those rights away.

Wonder if you knew...

Freedom of Speech does not mean anyone has to listen or care about what you say.

Freedom "of" religion does not mean freedom "from" religion.  You believe what you want and I'll believe what I want.

"Liberty" isn't just a bell.  It's the ability to live one's own life on one's own terms.  Not what some government, religion or people/person tells you you have to do.

The right to keep and bear arms has many reasons which justify it, the ability to have citizen's ready to participate in a militia is just the one the framers of the document felt need to be said.

The right to keep and bear arms "...shall not be infringed."  Why is that so hard to understand?  It means don't mess with it.

The 5th Amendment means that if they want to accuse you of a crime, they can't force you to do the work of proving it for them.  They actually are supposed to come up with facts and evidence to prove you did it themselves.

Oath of office

Executive (President)
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Legislative (Congress)

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. [So help me God.]

Judiciary (Supreme Court)

In the United States, federal judges are required to take two oaths. The first oath is this:
I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (office) under the Constitution and laws of the United States. So help me God
The second is the same oath that members of Congress take

You might notice that ALL of the three branches of government are required to support, protect, defend against all enemies foreign and domestic.

They also vow to do their job as determined by that same Constitution.

Anytime someone in one of those three branches does not do their job EXACTLY as the Constitution has layed out for them, they are violating their oath of office.

Tuesday, July 2, 2013

Where Allegiences Lay

Like many others this July, i have spent time pondering the observation of the signing of the Declaration of Independence.  It is during times like these that national pride and nationalism experience an increase as more people actively have the topic on their minds.

I, myself, try not to be one of the exaggerated, almost cartoonish types who take nationalism to comic extents.   As a matter of fact, Independence day is a rather somber time for me because I think of the independence of America in both a positive and negative light.

While the war fought by the European settlers did lead toward the Constitution which is perhaps the greatest treasure of this country, it also ushered in a period of disaster and destruction of the lives, lifestyles, languages and cultures of many , if not most, of the not- European peoples who were either already here or soon made their way here in hopes of sharing what the Constitution offers.

How disheartening to hear the words that America is a place where all men are created equal, oh but we don't consider you a man, sorry.

It was perhaps only natural that the new Americans/former English colonists would create a new place to make free people of themselves only so they could perpetuate the same snobbish, racist, inhumane treatment of others that they themselves wanted to escape.

Despite that, people from other places, cultures and religions not only kept coming, but stayed and whether suffering silently or speaking out and standing up in public, they fought to partake in those same rights , freedoms and opportunities the U.S. Constitution promises to all individuals.

The Declaration of independence and consequently, the U.S. Constitution, were brilliantly done.  We can see that the founding documents are made of the same stuff that hard won dreams are made of.  They are more than just laws an rights, they are goals and objectives.  They are what those authors and signers believed the people of America "could"be.

They were written using language that indicates that people are expected to rise to the words.  Those documents were written to inspire and give a foundation so that people could be better people and to realize their individual potential.

So while the founding of this country has much to be proud of, it also has much to keep in mind that our freedom, our rights, our independence must be earned and won every day, by everyone.  We cannot sit idly by to let only a few reap the benefits of the rewards that so many have struggled, fought and died for since it's difficult and bloody beginnings.

Keep in mind, this independence day that when one American is not free, does not have liberty, that none of us truly has them.  When they are denied to any one of us, they can be denied to every one of us.