Our Constitution and Our Liberty / by kevin murray

The United States would not be considered historically as the beacon of freedom for the world, if not for our Declaration of Independence and our Constitution. Our Declaration of Independence declares: " We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."  Additionally, our Constitution in its preamble declares: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." These sentences contain the touchstone of America and in their words rest the entire meaning of our existence. It is of critical importance to recognize that our rights to life and liberty are inalienable rights that are provided to us by our Creator, and not by our Government, and further that these inherent or natural rights supersede the rights of our Government, in which our Government is to be our servant and not our master.

 

Unfortunately, the above viewpoint seems to be currently out of favor and instead we have courts that instead of ruling on the correct enforcement of law instead make new law.  This is not the intended purpose of the judiciary and to make matters more pernicious, it is this judiciary that once appointed to their posts, are appointed for life, creating an unwelcomed situation in which the people are unable to remove from their posts the very power that oppresses them.  Additionally, the judiciary acts and believes that they have a monopoly on the interpretation of the Constitution, if this then is so, the Executive and Legislative branches of our Government are virtually toothless in stopping the Judiciary from enacting or interpreting laws which are injurious or detrimental to the Constitution and to the people.  In fact, our Constitution as enacted is a Constitution of delegated powers in which powers that are not specifically enumerated are reserved to either the States or to the people themselves.  In short, over time, the Judiciary has overreached its boundaries, having infringed upon our liberty, which is in contradistinction to natural law which impresses upon us that our liberty is the reason for the Constitution being ratified in the first place and consequently anything that abridges our liberty and is not specifically enumerated within the Constitution is in violation of it.

 

Judges that believe that our Constitution is a living and breathing instrument, subject to the mores, times, and conditions of our age are out-of-touch with the actual intended meaning of the Constitution.  Either we are a people born of individual liberty in which the highest form of our Government that we have consented to is that we the people are its sovereign rulers with inalienable rights, with the only legitimate purpose of Government being to ensure that our rights are not taken from us through either foreign or domestic enemies or we have a Constitution which means whatever some Judge interprets it to mean, subject to his rules, his penalties, and his enforcement, in which we will either obey this edict or suffer the consequences for not doing so.

 

Either this is a country of liberty or it is not.  Our liberty comes not from our Government, but from our Creator.  Any Government that means to take away our life, our liberty, and our pursuit of happiness, is a government at odds with our Constitution and our Declaration of Independence.  Our Constitution was created and ratified to assure ourselves that these protections and these rights would never be violated without consequence and that as Thomas Jefferson said: "whenever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force."  

 

Our Government, unfortunately, has become a law unto itself, and we merely its little pawns.  This is far from liberty, far from freedom, and far from what we fought for and what we stood for.  It is up to us, to reassert the American way, piece by piece, brick by brick, inch by inch, or to be crushed by its tyranny.