checks and balances – US Constitution

The US Constitution established a Federal government with powers divided to provide checks and balances. Clearly this system of checks and balances has been largely eroded.

The laws passed by Congress have delegated its legislative responsibilities to the Executive branch. Laws are written that grant regulation writing power to the Executive. Laws are written that delegate the power to start offensive wars.

The Executive branch routinely issues executive orders and waivers that either nullify the enforcement of existing laws or rewrite them. Executive orders are often used to initiate the enforcement of rules that are in effect new laws that have not been passed by Congress.

The Supreme Court has been toothless in defending the Constitution by limiting the Federal government to the powers expressly granted. This raises the question, why would we even have an expectation that the Supreme Court should have jurisdiction to rule on matters of law for which the Federal government has not been granted any power. When all powers not expressly granted to the Federal government are reserved to the States and the People, it should be clear that the US Supreme Court should be similarly limited. Would it not make sense for State Supreme Courts to retain ultimate authority for all such matters instead of deferring to the US Supreme Court?

When the Executive branch oversteps its authority, what possible remedy is possible, when it requires a super-majority of Congress to impeach, and the US Supreme Court is largely deferential to Congress and the Executive?

We are left to resort to State nullification by the sovereign states and jury nullification by sovereign individuals. Through these means we can safeguard the powers that are reserved to the States and the People, when the Federal government has betrayed us and the Constitution to which they pledged to defend.

how to vote – US Constitution

To decide which candidate to vote for, we have to determine the criteria we use for evaluating candidates. From how candidates campaign and how the media reports on these campaigns, we are led to believe that we are choosing our representative of ideal human. This is a faulty premise.

Voting for a political candidate is expressing a preference for that candidate to fill a position. The candidate is applying to fill a job opening, and we are evaluating candidates to hire the one most qualified. We should apply criteria that are relevant and appropriate for this evaluation, and refrain from misapplying criteria that are irrelevant or inappropriate. Is it appropriate to hire or disqualify a candidate based on gender, religion, race, or sexual preference? Of course not.

The US Constitution defines precisely the role of the federal government and its elected officials. Defending the Constitution entails the recognition of the limited authority that is granted to the federal government, while liberty is protected by recognizing the rights of the individual. The powers that sovereign individuals grant to the federal government are enumerated, while the rights of the individual are unlimited. Therefore, the proper way to evaluate a political candidate is to consider first and foremost how faithfully they understand and defend the Constitution. Then, evaluate how qualified that candidate is capable of performing the limited responsibilities of that office, while never overstepping the authority granted to the office by the Constitution.

When a Presidential candidate talks about how to be a responsible civilian leader of the military in the role of Commander-in-Chief, that candidate is expressing qualifications.

If a Presidential candidate talks about faithfully enforcing the laws passed by Congress, when those laws are pursuant to the Constitution, that candidate is expressing qualifications.

When a candidate talks about expanding public education and green energy initiatives, that candidate is disqualified.

If a candidate talks about increasing healthcare and retirement benefits through a government-run Ponzi scheme, that candidate is disqualified.

When a candidate talks about using taxpayer funds or debt to stimulate the economy or to improve your community, your family, or your life, that candidate is disqualified. Bribery is corrupt, and doing so during a job interview should be astonishing. Not only is the candidate disqualified, the candidate should be charged with criminal behavior.

If a candidate talks about being a likable, generous, and charitable member of the community, that candidate is lobbying for the job of celebrity but offering no substantial qualifications for the office.

We should not be seeking an admirable model citizen, who exemplifies our moral principles and projects our image of an ideal American. Doing so betrays our obligation to defend the Constitution. A candidate who asks for our trust in all things is asking for license to act with unlimited power. We don’t need someone who demands that degree of trust. A personality and appearance that we find likable is also unnecessary. We only need someone to perform a very limited job function for a fixed term.

The Constitution tells us exactly how we must vote. Now, if only voters would recognize that fact, they would then be equipped to fulfill their own pledge of allegiance, which implies a commitment to defend the Constitution.