A.F. Branco cartoon at Legal Insurrection:
Friday, January 22, 2021
Monday, December 21, 2020
Jon Voight on Keeping the Faith
It’s a 10-minute video by Jon Voight, with a few minutes of President Trump’s “most important” speech on election integrity inserted in the middle. We all need some encouragement and inspiration these days.
# # #
Friday, December 4, 2020
Sundance on civil disobedience
Over at Conservative Treehouse, Sundance reports on a shop
owner in North Carolina who is not requiring customers to wear masks. He includes a link to the store so that
readers can have a way to show their support.
And he expands on the options we all have to stop petty tyrants –
governors, county officials, etc. – from exceeding their authority. Here’s a brief extract:
Local, regional and state officials
know they can control the behavior of an individual. If one barber shop opens,
the owner becomes a target. However, those officials also know they cannot
control the behavior of the majority. If every barber shop and beauty salon in
town opens… there is absolutely nothing the government can do about it.
If one restaurant and/or bar opens,
the state can target the owner. But if every bar and restaurant in town opens;
and if everyone ignores and dispatches the silly dictates of the local,
regional or state officials; there isn’t a damned thing they can do about it.
The power of the local, regional or
state authority comes from the expressed consent of the people. As soon as the
majority of people in that municipality deny that consent, those officials and
state authoritarians lose all of their power.
Yes, it really is that simple.
They want you to think otherwise,
but it is not true. If WE THE PEOPLE demand freedom and stand together
the control authority is useless.
Those who construct the systems of
control need to weaponize fear. Fear of arrest; fear of losing a
business; fear of losing liberty or financial security. Local, regional
and state officials rely on fear. As soon as the people are no longer
fearful, the control ends.
The overwhelming majority of
dictates around COVID-19 mitigation are not laws. There was no debate; no input
from representative government; and no option for the public to weigh-in on the
decisions.
All unilateral rules are arbitrary,
and despite many proclamations to the contrary, they rely upon voluntary
compliance. As soon as citizens no longer voluntarily comply, the term of
the rules has expired. If masks are so effective then why didn’t
government give masks to prisoners, instead of releasing the inmates?
Read the entire posting here.
# # #
Sunday, November 8, 2020
Media tries to drag Biden over the finish line
We were in a Sportsbar over the weekend, and the TV screen dialed to CNN had a headline on the crawl to the effect that Joe Biden is declared President. Huh? Since when does the media declare the winner of a Presidential election? Later on Saturday evening, Greg Gutfield opened his show by making jokes about what a Biden presidency would do. So he was framing the question in terms of a probable Biden Presidency – as in a done deal. Nuts. To frame the questions that way is to give up on Trump’s re-election, to fall victim to the media propaganda to take the air out of our tires, so to speak. We changed channels.
On Sunday, many bloggers and commentators enumerated the
procedural steps involved in a contested election. We all know that the respective Secretaries
of State have first to certify the vote counts.
Some of those SOSs may be reluctant to certify tallies they know to be
fraudulent. So that’s one potential check on the
process.
Clarice Feldman at American Thinker has more and is, as
usual, one of the best:
Apparently, they are under the
impression that [the media] decide election results. They don’t. On December
14, electors chosen by state legislators cast their votes. No one else but the
state legislators have that right. (Article II, Sec. 1,§2 of the
Constitution). Certainly not the press, nor state boards of elections,
secretaries of state, governors, or courts.
If they have reason to believe the
elections in their states were unlawfully conducted and the results fraudulent,
they can act to override them. (You can see a detailed history of this section
of the Constitution in this
fine article by Daniel Horowitz.) The Wisconsin, Michigan, Georgia,
and Pennsylvania legislatures are majority Republican. At first glance
these states -- particularly the precincts in Milwaukee, Detroit, Pittsburgh,
and Philadelphia -- are the most suspect.
Is there ample evidence of fraud
sufficient to have altered the will of the legal voters in these states? It
sure looks that way.
. . .
If the [Pennsylvania Supreme Court] Court had applied the Constitution, then we wouldn’t have this mess, for it’s clear under Article 1 Sec. 4, cl 1--that the Pennsylvania court had no constitutional power to change the “times, methods, and procedures of elections.”
That provision specifically applies to the election of
senators and representatives, both of whom were on the ballots in question. And what if there is no clear winner by
Inauguration Day? We’ve been reading a
lot about how Mm Pelosi would become President, as the Speaker of the House is
third in the line of succession, But Ms.
Feldman again explains:
What if There’s no Winner Declared by Inauguration Day?
I’ve seen lots of assertions that
in such a case Nancy Pelosi will be the interim president. Nope. Should that
eventuality occur, the House votes for an interim president and the Senate for
an interim vice president. (The House votes are by state -- one vote each --
and the Republicans hold a majority of 26 states. Our founders were geniuses.
Never forget that.)
As Ms. Feldman
closes: “Never give up the good fight.
Never hamstring your will to fight on with pessimism.”
Her article is
here.
# # #
Thursday, October 15, 2020
More on today's Revolution
Yesterday’s link was to Victor Davis Hanson’s “The Fragments of A Civilization” and a section subtitled “Sleepwalking to the Revolution.” Today, Ron Lipsman at American Thinker expands
on that theme and summarizes what conservative Americans are up against with
the Progressive left. In “The Revolution
the US Is Experiencing, and What If It Succeeds?,” he concludes:
Two final thoughts. First, even if
by some miracle, the Dems do not take control of the Presidency and both Houses
of Congress in January, it is just a matter of time until they do. The flood of
illegal immigration and the brainwashing – in school and by the media –
continue unabated. It is inevitable that conservative America will be reduced
to a voting minority. And then the revolution will be unstoppable.
On the other hand, perhaps I am
underestimating the strength, character and wisdom of the American people. I
recall vividly the fear I felt in 1967 and 1968 when American cities were
burning, a savage war tore at the very fabric of our society, riots determined
the selection of a president, and we seemed on the cusp of revolutionary
change. It didn’t happen. The good sense of the American people prevailed as we
restored order and proceeded to rely on our traditional beliefs and values to
right the ship. Perhaps we shall again.
Mr. Lipsman’s article is here. Some of the comments published with the
article are perceptive, if rather depressing.
# # #
Thursday, May 14, 2020
Lockdowns vs the Constitution
Saturday, November 16, 2019
Your Weekend Must Read: AG Bill Barr on the Executive branch
Tuesday, October 29, 2019
Impeachment vote? Sundance explains
Friday, June 7, 2019
Circumventing the Electoral College
Monday, August 27, 2018
What is their endgame?
Sunday, July 1, 2018
Steve Hilton on the genius of America's founders
Saturday, February 10, 2018
Long Live the Tea Party
Tuesday, September 19, 2017
Update: teaching our history in Ohio schools
Friday, April 28, 2017
Richard Dreyfuss on Fox
Friday, November 25, 2016
The Electoral College and the popular vote
Friday, December 5, 2014
Left’s latest assault on free speech
Left’s
latest assault on First Amendment nothing new
Monday, June 6, 2011
Tea Party Patriots Adopt-a-School Program
- “Adopt a School”
- Send a series of 3 letters to the school board, superintendent, and/or principal, and local media in your community. One letter will be sent in May 2011, one in August, and one in September. Sample letters can be found at www.TeaPartyPatriots.org/constitution and can be personalized for use in your community.
- Help Your School Implement a Program. Visit www.nccs.net or www.ConstitutionWeekUSA.com for Constitution Week materials, resources, and additional ideas.
Saturday, January 8, 2011
Constitutionalism
For decades, Democrats and Republicans fought over who owns the American flag. Now they're fighting over who owns the Constitution.
The flag debates began during the Vietnam era when leftist radicals made the fatal error of burning it. For decades since, non-suicidal liberals have tried to undo the damage. Demeaningly, and somewhat unfairly, they are forever having to prove their fealty to the flag.
Amazingly, though, some still couldn't get it quite right. During the last presidential campaign, candidate Barack Obama, asked why he was not wearing a flag pin, answered that it represented "a substitute" for "true patriotism." Bad move. Months later, Obama quietly beat a retreat and began wearing the flag on his lapel. He does so still.Today, the issue is the Constitution. It's a healthier debate because flags are pure symbolism and therefore more likely to evoke pure emotion and ad hominem argument. The Constitution, on the other hand, is a document that speaks. It defines concretely the nature of our social contract. Nothing in our public life is more substantive.
Americans are in the midst of a great national debate over the power, scope and reach of the government established by that document. The debate was sparked by the current administration's bold push for government expansion - a massive fiscal stimulus, Obamacare, financial regulation and various attempts at controlling the energy economy. This engendered a popular reaction, identified with the Tea Party but in reality far more widespread, calling for a more restrictive vision of government more consistent with the Founders' intent.
Call it constitutionalism. In essence, constitutionalism is the intellectual counterpart and spiritual progeny of the "originalism" movement in jurisprudence. Judicial "originalists" (led by Antonin Scalia and other notable conservative jurists) insist that legal interpretation be bound by the text of the Constitution as understood by those who wrote it and their contemporaries. Originalism has grown to become the major challenger to the liberal "living Constitution" school, under which high courts are channelers of the spirit of the age, free to create new constitutional principles accordingly.
What originalism is to jurisprudence, constitutionalism is to governance: a call for restraint rooted in constitutional text. Constitutionalism as a political philosophy represents a reformed, self-regulating conservatism that bases its call for minimalist government - for reining in the willfulness of presidents and legislatures - in the words and meaning of the Constitution.
Hence that highly symbolic moment on Thursday when the 112th House of Representatives opened with a reading of the Constitution. Remarkably, this had never been done before - perhaps because it had never been so needed. The reading reflected the feeling, expressed powerfully in the last election, that we had moved far, especially the past two years, from a government constitutionally limited by its enumerated powers to a government constrained only by its perception of social need.The most galvanizing example of this expansive shift was, of course, the Democrats' health-care reform, which will revolutionize one-sixth of the economy and impose an individual mandate that levies a fine on anyone who does not enter into a private contract with a health insurance company. Whatever its merits as policy, there is no doubting its seriousness as constitutional precedent: If Congress can impose such a mandate, is there anything that Congress may not impose upon the individual?
The new Republican House will henceforth require, in writing, constitutional grounding for every bill submitted. A fine idea, although I suspect 90 percent of them will simply make a ritual appeal to the "general welfare" clause. Nonetheless, anything that reminds members of Congress that they are not untethered free agents is salutary.
But still mostly symbolic. The real test of the Republicans' newfound constitutionalism will come in legislating. Will they really cut government spending? Will they really roll back regulations? Earmarks are nothing. Do the Republicans have the courage to go after entitlements as well?
In the interim, the cynics had best tread carefully. Some liberals are already disdaining the new constitutionalism, denigrating the document's relevance and sneering at its public recitation. They sneer at their political peril. In choosing to focus on a majestic document that bears both study and recitation, the reformed conservatism of the Obama era has found itself not just a symbol but an anchor.
Constitutionalism as a guiding political tendency will require careful and thoughtful development, as did jurisprudential originalism. But its wide appeal and philosophical depth make it a promising first step to a conservative future.
Saturday, November 27, 2010
And to the Republic, for which it stood
We have all pledged allegiance to the flag of the United States of America. But what is a flag? It is mere thread, stitching and colored dye. It is a mere symbol. What we are pledging allegiance to is the Republic! The Republic, for which the flag once stood.
John Adams wrote, “A republic is an empire of laws, not men.” A republic’s ruler is the law; its ruler is the rule of law. And no law is more supreme in this land than the U.S. Constitution; its subjects are princes and paupers alike.
Yet we have elected representatives to our federal government whose first official act of office is to lie. They place their hand upon the holy bible, and make the most sacred of oaths to defend the Constitution against all foes, both foreign and domestic. Yet they turn around, almost immediately, and break it. They are the domestic foes.
Beware the representative who comes to you touting a staunchly conservative voting record, giving lip service to the Constitution. What you should instead hear is, “I am perfectly willing to discharge my duty to uphold the constitution when politically and ideologically expedient.”
If the tea party movement is to be about anything, it must be about restoring the Republic; it must be about reestablishing the Constitution as the supreme law of the land. But here forth lies our challenge: We must be as willing to oppose unconstitutional legislation or action rooted in conservative ideology, as we are willing to oppose unconstitutional legislation or action rooted in liberal ideology. If not, we are no better than they are. If not, the Constitution will continue to be relegated to a mere relic, and we shall forever be an empire of men, not law.