As hard as it is for me to say, and as hard as it has been for me to face the reality of it all, this once grand experiment in Liberty, without some form of divine intervention, is over. The grand old idea of individual freedom and what Thomas Jefferson once defined as Rightful Liberty has long since passed. But, who is to blame you ask; the very same folks this government was once designed to protect, none other than “We the People.”
Two events within the past week has brought home to me the hard reality of the above. First, I had the opportunity to attend a large function involving members of the State Bar Association. After that event, I was fortunate to engage a preeminent figure in the practice of law in a philosophical discussion of our Constitution and Bill of Rights. In the beginning of our discussion, our focus was on property rights and how that equated to freedom. Later in this discussion, this brilliant legal mind mentioned how the 14th Amendment changed, in his mind, the perception of how private property and citizenship were viewed legally. I quickly spoke up and stated “but the 14th Amendment was never properly ratified according to the demands of Article V of our Constitution.” This learned attorney’s answer was “well that is the ultra-conservative view.” Another attorney listening to our exchange chimed in with “good luck getting any judge to admit to that.”
Apparently, to adhere to the strict principles of our Constitution is to assume the status of “ultra-conservative” as opposed to the myriad of garden variety conservatives in this country who really don’t care if our lives and our liberty are being whittled away by an amendment to our Constitution which should be null and void on its face.
The statement, which by all accounts is factual, that one could never get a judge, at any level to admit the 14th Amendment was never properly ratified is a curse on the legal profession as much as it is society in general for they have a continuing opportunity, and a sworn duty, to challenge this wrong in the halls of justice.
All attorneys and judges take a solemn oath to uphold and defend the Constitution against all enemies foreign and domestic. Any attorney, or judge, who will not defend our Constitution against the usurpations of an amendment which should be null and void because it does not adhere strictly to the provisions provided in that document are not adhering to their oaths. Those who would cite that amendment in any legal opinion could arguably be called “domestic enemies” to that Constitution.
Are we in this current mess partially because we simply accept the right of the government to dictate policy based on amendments that were never properly ratified by the people? Where does this end and how are the people to be protected from a gradual decline into abject tyranny?
The second event that brought me to this point of despair occurred on social media. Someone had posted stating the date they had entered military service and also mentioned the oath they had taken upon becoming a member of this country’s armed forces. I posted and asked the question reference what was to be done if the orders of the president or an officer appointed over you violated the Constitution which was the primary item listed in the oath.
A spirited debate began on this question. Eventually, one contributor to the discussion made the claim it was not the duty of the soldier to question whether the order was “lawful or unlawful” but in essence it was the duty of the member of the military to carry out that order regardless.
This person was most proud of his service and his belief that lawful or unlawful was for someone else to decide, his duty was to simply do or die. Ironic is it not that many who wear the uniform and the badge have the same mindset? Also, there are many outside the military or law enforcement who willingly state that no law is unconstitutional until a government employee (judge(s) has so decreed.
What has happened to cognitive discourse in this country that we have accepted fully the very concept that brought many a despot to power over the past century? Are people not aware that after the Nuremberg Trials this country hanged several German military officers for using the concept of those mentioned above as a defense in their trials? The “I was just following orders” was not accepted in those trials at the end of WWII, so how can it be the accepted mantra of the day in America now?
How can we continually accept laws based on amendments that were not properly ratified and just move on as if they were, regardless of how much havoc is created and how many freedoms are infringed or lost completely? Are we to believe that tyrannical rules established by our government are to be followed and honored until some member of that self-same government rules against them? I’m sure Hitler, Stalin and Mao employed those very same rules during their reigns of terror.
Admit it people, you are just as responsible for the tyranny you face as the government you choose to blame.
“A people who expect to be ignorant and free in a state of civilization, want what never was and never will be. The functionaries of every government have propensities to command at will the liberty and property of their constituents, There is no safe deposit for these but with the people themselves; nor can they be safe with them without information, where the press is free and every man able to read, all is safe.” ~ Thomas Jefferson to Charles Yancey, January 6, 1816
“My people are destroyed for a lack of knowledge: because thou has rejected knowledge, I will also reject thee…” Hosea 4:6
IN RIGHTFUL REBEL LIBERTY