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Constitutional Law

: The 1776 Solution

The Ultimate Guardian of The Constitution

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The government endlessly promotes itself as the ?protector? and ultimate guardian of Our Constitution and the Rights guaranteed by that document; it is, of course, not true. The cloak, behind which it hides, is wearing thin as it continually expands its interest and authority over the People while ignoring the Law of the Land.

The government, in its self-promotion, has done all it can to ensure that the People remain under the belief that their Rights remain safe and secure under its false stewardship. Under the constant guise of government respect for the enduring principles of the Constitution, it unfortunately uses the Peoples conditioned trust to subvert and nullify the very document it is employed to uphold.

The stance of the People, under the Law, has always been that of an Adversary to the government?s ability to usurp authority. For decades, the People have been lulled into believing that the government will automatically defend and uphold Our Rights, nothing can be farther from the truth. Neither the Executive Branch, Legislative, no even the Judicial Branch will automatically take it upon itself to stand in the gap to uphold that, which places limitations upon itself. It is that unquestioning trust that endangers the very existence of the American Republic and the Constitution.

What is the Constitution? It is a compact, a contract between the People and themselves; it is primarily an Anti-Government document created to limit the degree in which the People can be governed. It is not intended to be a governmental document creating a government as much as a promise and a guarantee that the government created is built upon the Foundation of Individual Liberty. It is an Offensive Document intended to protect the People from the greatest danger and the biggest threat they face to their Freedom, Liberty, Rights and Way of Life: the government.

Being an Offensive Document, the Constitution is in direct opposition to expansive government intrusions and therefore poses the greatest threat to the government itself. As such, it is the nature of government to seek to control the manner in which the Constitution is both interpreted and applied, as it seeks to limit the effectiveness of the Constitution. Since the biggest threat to the government is the Constitution itself, all interpretations and applications of the Constitution will be biased toward the government and its own expansive powers. History bears this fact out, time and time again.

Although the government has and does use the Constitution to legitimize itself and its actions, it has shown that its real intent is to neutralize the effectiveness of the Constitution while maintaining a degree of Constitutional legitimacy in the eyes of the People. While originally the government was intended to be both servant and protector of the Peoples Rights; it has been transformed over the years to become the grantor of all protections and rights, making that protection and those rights contingent upon compliance to its will and governance.

The Constitution, instead of limiting the reach and scope of government is now used by government to limit the reach and scope of the Rights of the People. In every case reviewed by the Supreme Court that involves the Rights of the People, it usually becomes a question of the extent of those Rights, the limitations of those Rights as opposed to the limitations of the government to deny the fullness of those Rights. The government now takes it upon itself the ability to compromise, ignore, or limit any Right that it deems necessary to allow it to function, regardless of the Constitutional restrictions to the contrary.

Indifference, ignorance and apathy toward Our Rights are the only thing that relinquishes those Rights to the authority of a government that is only too willing to usurp. The Peoples ignorance and passivity allows the government to maintain an expansive stance at the expense of the People, their Rights and therefore their lives. A wait and see attitude by the People perfectly suits the government, it allows it to expand without questions to it authority. The government employs the apathy of the People to maintain, and therefore control or manage its superior position over the People. In the simplest sense, the People have no Rights if they don?t know and exercise those Rights in an Adversarial manner before the government.

The war for Our Liberty, Our Freedom and Our Rights is not waged in some foreign land, but here on American Soil and it requires the Dedication of the People to succeed.

In Liberty,
Republicae-Seditionist

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Full post as published by The 1776 Solution on May 17, 2007 (boomark / email).

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