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Monthly Archives: June 2012

Thomas Dissents: It’s All Unconstitutional


This is a great article, take a quick read of it. The dissent of Justice Clarence Thomas is of great importance to our Republic.

Cross posted from Redstate.com

Thomas Dissents: It’s All Unconstitutional

29 Jun 2012 11:30 AM

Oh, how far we’ve deviated from our Founders in just over 200 years.

The entire country is pouring over an incoherent, internally contradictory, ill-conceived and politically motivated decision by Chief Justice Roberts, which grants Congress the power to regulate anything that moves and the power to tax anything that moves and anything that doesn’t move. Yet, many conservatives are running around cheering this as a dictum of enumerated powers and limited government. Wow – James Madison must be rolling over in his grave.

If we take the reasoning of Roberts to its logical conclusion, Congress would be able to coerce individuals to buy broccoli once a week, so long as they levy a tax on those who fail to comply with the law. Putting aside the facial absurdity of Roberts’s tax power jurisprudence, his opinion on the Commerce Clause is nothing to cheer. While Roberts clearly stated that the Commerce Clause does not grant the federal government the right to regulate inactivity (although it can evidently tax inactivity), he obliquely upheld their authority to regulate any activity under that misconstrued clause.

Amidst the garrulous analysis from the conservative pundit class on the Roberts decision, there is a one-page dissent from Justice Thomas (in addition to his joint dissent with the other 3 conservatives) that has been overlooked. The joint dissent with Scalia, Alito, and Kennedy focuses primarily on taking down Roberts’s tax powers jurisprudence and Ginsburg’s opinion on the unlimited power of the Commerce Clause. Thomas felt there was a need to add one point. Not only was Roberts way off the reservation by rewriting this law as a tax and concurrently expanding the tax power of Congress, he was also wrong about the Commerce Clause.

Take a look at this paragraph from Thomas’s dissent (last two-pages of pdf):

I dissent for the reasons stated in our joint opinion, but I write separately to say a word about the Commerce Clause. The joint dissent and THE CHIEF JUSTICE correctly apply our precedents to conclude that the Individual Mandate is beyond the power granted to Congress un-der the Commerce Clause and the Necessary and Proper Clause. Under those precedents, Congress may regulate“economic activity [that] substantially affects interstate commerce.” United States v. Lopez, 514 U. S. 549, 560 (1995). I adhere to my view that “the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases.” United States v. Morrison, 529 U. S. 598, 627 (2000) (THOMAS, J., concurring); see also Lopez, supra, at 584–602 (THOMAS, J., concurring); Gonzales v. Raich, 545

U. S. 1, 67–69 (2005) (THOMAS, J., dissenting). As I have explained, the Court’s continued use of that test “has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits.” Morrison, supra, at 627. The Government’s unprecedented claim in this suit that it may regulate not only economic activity but also inactivity that substantially affects interstate commerce is a case in point.

Justice Thomas is hearkening back to the Founders. Not only is every word of Obamacare unconstitutional and an anathema to every tenet of our founding, most of the other programs created in recent years are as well. The fact that Roberts said the Commerce Clause and the Necessary and Proper Clause don’t apply to inactivity is not a victory for constitutional conservatives. The implicit notion that the federal government can regulate any activity is appalling to conservatives.

Here’s what James Madison had to say about the Commerce Clause in a letter to Joseph C. Cabell in 1829:

For a like reason, I made no reference to the “power to regulate commerce among the several States.” I always foresaw that difficulties might be started in relation to that power which could not be fully explained without recurring to views of it, which, however just, might give birth to specious though unsound objections. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.

Madison is bemoaning the expansion and misconstruing of the Commerce Clause circa 1829! One can only imagine what he would say about our entire domestic policy in 2012. The Commerce Clause was never meant to be used as a tool to grow the federal government. Quite the contrary, it was designed as a safeguard against the abuse among the states. Anyone with a shred of intellectual honesty knows that the federal government was never vested with the power to regulate or tax virtually every activity of the individual.

Some Republicans are going around declaring that “although the law is constitutional, it is terrible policy.” That’s dead wrong. It’s not constitutional at all. We just lack any recourse to challenge the law on constitutional grounds at this point.

The reality is that not only is Obamacare unconstitutional, almost every discretionary department, welfare program, and entitlement program is unconstitutional. Obviously, we cannot repeal each one overnight and must deal with them prudently, but we must not buy into the notion that the prevailing view of federal power over the past 80 years is sacrosanct. It’s not. We get our rights from God, not from the government, and not even from the Constitution. The Constitution grants the federal government a few enumerated powers. We must not let the views of one unprincipled man in a black robe – or even decades’ worth of misguided court decisions – abrogate our founding documents.

James Madison would be proud of Clarence Thomas.

Cross-posted from The Madison Project

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After reading, visit constitution club and see other articles I’ve written.

 
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Posted by on 06/29/2012 in Uncategorized

 

Conservative Voter Registration Drive


June 28, 2012 – Now that the Supreme Court has upheld Obamacare, better known as Communist Medicine, It is of the UTMOST importance that you make for certain that you are registered to vote come November 6th, 2012!

Remember, Remember the 6th of November! The Conservative Rebellion is coming D.C.

Repeal It! America’s last hope!
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REGISTER TO VOTE, HELP REGISTER OTHERS ALSO TO SEND OBAMA HOME THIS NOVEMBER.

This presidential election is the most important of our life time. Since this is the case, we want the next president to have a landslide win and a mandate from the American people. The only way we can achieve this is to make sure we are registered to vote, and get like-minded friends, colleagues, and family members registered to vote. The website wallbuilders.com/vote/ has a special tool that you can use to check to see if your friends, colleagues, and family are registered, and you can double-check your own registration status. Go there and check quickly! Pledge to get others to register also. Lets send Obama the socialist packing this November!

Robert E. Stage Jr.

 

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Another great read from Constitution Club

 
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Posted by on 06/26/2012 in Uncategorized

 

The Official Obamacare Ambulance


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A picture is worth 1000 words.

Robert E. Stage Jr

 

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Posted by on 06/26/2012 in Uncategorized

 

SUNDAY SERMON SERIES – The Fire Within – Jeremiah 20:9


Many of you that have read articles that I’ve written know that I love to study and write about history. In today’s message I want to take us into the past and look at the answers that we can find to the problems our people face today. For a text today, I want us to look at Jeremiah 20:9 Then I said, I will not make mention of him, nor speak anymore in His name. But his word was in mine heart as a burning fire shut upin my bones, and I was weary with forbearing, and I could not stay. In order to understand the context, we need to read the whole chapter, feel free to read more.

20 Now Pashur the son of Immer the priest, who was also chief governor in the house of the Lord, heard that Jeremiah prophesied these things. 2 Then Pashur smote Jeremiah the prophet, and put him in the stocks that were in the high gate of Benjamin, which was by the house of the Lord. 3 And it came to pass on the morrow, that Pashur brought forth Jeremiah out of the stocks. Then said Jeremiah unto him, The Lord hath not called thy name Pashur, but Magormissabib. 4 For thus saith the Lord, Behold, I will make thee a terror to thyself, and to all thy friends: and they shall fall by the sword of their enemies, and thine eyes shall behold it: and I will give all Judah into the hand of the king of Babylon, and he shall carry them captive into Babylon, and shall slay them with the sword. 5 Moreover I will deliver all the strength of this city, and all the labours thereof, and all the precious things thereof, and all the treasures of the kings of Judah will I give into the hand of their enemies, which shall spoil them, and take them, and carry them to Babylon. 6 And thou, Pashur, and all that dwell in thine house shall go into captivity: and thou shalt come to Babylon, and there thou shalt die, and shalt be buried there, thou, and all thy friends, to whom thou hast prophesied lies. 7 O Lord, thou hast deceived me, and I was deceived; thou art stronger than I, and hast prevailed: I am in derision daily, every one mocketh me. 8 For since I spake, I cried out, I cried violence and spoil; because the word of the Lord was made a reproach unto me, and a derision, daily. 9 Then I said, I will not make mention of him, nor speak any more in his name. But his word was in mine heart as a burning fire shut up in my bones, and I was weary with forbearing, and I could not stay. 10 For I heard the defaming of many, fear on every side. Report, say they, and we will report it. All my familiars watched for my halting, saying, Peradventure he will be enticed, and we shall prevail against him, and we shall take our revenge on him. 11 But the Lord is with me as a mighty terrible one: therefore my persecutors shall stumble, and they shall not prevail: they shall be greatly ashamed; for they shall not prosper: their everlasting confusion shall never be forgotten. 12 But, O Lord of hosts, that triest the righteous, and seest the reins and the heart, let me see thy vengeance on them: for unto thee have I opened my cause. 13 Sing unto the Lord, praise ye the Lord: for he hath delivered the soul of the poor from the hand of evildoers. 4 Cursed be the day wherein I was born: let not the day wherein my mother bare me be blessed. 15 Cursed be the man who brought tidings to my father, saying, A man child is born unto thee; making him very glad. 16 And let that man be as the cities which the Lord overthrew, and repented not: and let him hear the cry in the morning, and the shouting at noontide; 17 Because he slew me not from the womb; or that my mother might have been my grave, and her womb to be always great with me. 18 Wherefore came I forth out of the womb to see labour and sorrow, that my days should be consumed with shame?

Jeremiah, often referred to as “the weeping prophet”, was mocked and persecuted for preaching God’s word in Israel. He preached against the priests that were in power at that time. He was locked in the stocks for God’s word. Much like John was exiled to the isle of Patmos for the testimony and for the word of God.

It is often spoken today, that Christian folks are supposed to keep their faith to themselves. More specifically, we are told to keep our faith in our churches and out of our government. We need to refute that ideology, it has never worked and it has never ended well. The government, always threatens churches with taking away their 501 (c) (3) status, if they “preach a little to close to home”. Today in America, Christians are being targeted for ridicule, mocking, discounting our view points as, old fashioned, out of touch, dangerous, narrow minded, and hateful. This is propogated mostly by the government’s lap dog, the main stream media. [I think I’ve read about this before, Pilgrims?] I believe our ancestors came here to escape religious persecution. It has certainly become fashionable to be anti-christian. Now, ask yourself how? How has this happened? The government, has hijacked social issues and made them, political issues for personal gain. If it can be sold, it is for sell in Washington D.C. Power, influence, friendship, loyalty, you name it, it’s for sale. All the while, citizens are being sold down the river. So what do we as Christians do? We take them back! The issues are ours, not the government’s to gain power and set policy with. We can get it back. Jesus said: Matthew 23:27 “Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men’s bones, and of all uncleanness.” That’s the verse I think of when I see all the beautiful white architechture and think of how corrupt D.C. is. You may ask, are you talking about civil disobediance? Let me answer that by saying this, if you seen a homeless person would you help them, get them a bite to eat, give them your sandwich? Because that is the church’s charter, from God’s mouth to our ears. In Philidelphia, “the city of brotherly love” it is now illegal to feed the homeless. So yes, civil disobedience is a must. (That does not mean destroying public property or the use of violence)  That is a direct infringement by government on the first amendment of the U.S. Contitution. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” In fact, while were on the subject, what transfers these rights to government? Abdication, plain and simple. We the people have abdicated our God given right to self-govern ourselves and given it to the government. Why does the government have a right to attach a number to your existence? (SS#) Why does the government have the right hold in its bank account your retirment? (SS#) Why does the government have the right to know your health information? (Obamacare) Why does the government think they can rule on what is socially acceptable? (Gay marriage) Why does the government believe they can tell us what to eat? (Soda, Trans-fats) So on and so forth. Because we have abdicated it. We gave it away.

Things that we gave away, we can take back. We must start with God and true repentance. 2 Chronicles 7:14 “If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.”

We need to begin promoting the idea that it is not the government’s place to take care of citizens cradle to grave! We are Americans, we take care of ourselves.  Jesus said: Matthew 22:21… then saith he unto them, Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.”  We need to ask God to heal the divisions that this government uses to gain power over us. We need to ask God to raise up the church back to its rightful station, and return responsibility back to citizens. We have a lot of praying to do. We need, like Jeremiah, to weep for our current state of affairs and ask God to restore us. We need the fire back in our gut! There’s only one way to do that, the same way Jeremiah did, put so many Godly things into you that there’s no way you can keep your mouth shut about Him. Jeremiah said God’s word was like a fire shut up in his bones! We need that today, to share Jesus, unafraid, with authority and power! To tell and show people that God loves them, and He wants to do great and mighty things in their lives! We need to be on fire for God! If we fall, it will be due to Bible illiteracy. American newspaper publisher and abolisionist, Horace Greely (1811-1872) said:“It is impossible to enslave, mentally or socially, a bible-reading people. The principles of the bible are the groundwork of human freedom.” The founder of the Methodist church, John Wesley (1703-1791) said: “Catch on fire and others will love to come and watch you burn”! He also said “Give me one hundred preachers who fear nothing but sin, and desire nothing but God, and I care not a straw whether they be clergymen or laymen; such alone will shake the gates of hell and set up the kingdom of heaven on Earth.” You notice that he said laymen also. Never let’em tell you your just one person, you can’t turn this country around. That’s a lie straight from the pit of hell! God vested in Jesus the salvation of the whole world. To you small groups, the church started with eleven men in the upper room, so don’t let’em tell you that you can’t turn things around. It’s time for revival in the land. Tonight, when you lay down to sleep, say a prayer for our nation and its people, and ask God to set your heart and your mind on fire for Him, ask that you are filled with a new spirit that would drive you to win the lost, share Jesus, and restore the land.

If you don’t know Christ, today is your appointed day to meet him and accept his free gift of salvation. Pilate said, “what shall I do with this Jesus?” Ask yourself today, what should I do with this Jesus, accept or deny? Pilate denied him, and washed his hands of him, what will you do?

Robert E. Stage Jr.

This is a wonderful song that helps us see through God’s eyes in our modern day.

 

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