Preamble
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.
Article. II. the President
Section. 1.
Clause 8: … (The President) shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section. 3.
…. he(the President) shall take Care that the Laws be faithfully executed, …
BILL OF RIGHTS
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment I
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.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
(In short, in AMDT I the people can gather and complain and bid for correction, and in AMDT II carry guns if the government plugs its collective ears, or goes petty and says ‘stay off the grass’. The old I, II.)
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(This means a judge must sign a search warrant, naming the particulars of what is to be seized, with good reason. In other words, No Fishing!)
Amendment V
No person … shall be be deprived of life, liberty, or property, without due process of law;……
Comments
Presented by David Bean. To me, the language above is crystal clear. It seems to me that it is not being observed by those empowered to enforce and adjudicate it.
Yet the structure of the Constitution must be understood for it to be clear by your own reading. Namely the powers enumerated in each article are exclusive: meaning the powers granted to the legislature in Article I, are granted only to the legislature. And likewise, those granted to the President in Article II are exclusively under his authority. In short the President cannot say to the Congress: here you be commander in chief. Nor can the Congress say to the president, or the judiciary: here, you declare war. The very power of the constitution is its enumeration of powers, and thus creates the checks and balances to keep us safe from tyranny, the unfortunate stepchild of time, institutions, forgetfulness and the free application of power.
The ungrammatical Second Amendment can sound confusing but only if taken out of context.
The first amendment allows people to gather and ask their government to fix its problems, and the second amendment says unequivocally that: “the right of the people to keep and bear Arms, shall not be infringed.” One, Two.
This has nothing to do with hunting, but protection against being bullied by our own government as is made explicit in the third amendment which says: ” No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…”
The founders had experienced British soldiers thrust into their houses and they vowed to protect the people… and more importantly: allow the people to protect themselves, against anything like this happening again!
The well regulated Militia, is the National Guard, which is commanded by the governor of each state. My reading of the constitution would have them protect Oregon, or Washington or whatever state they were guarding. But who am I. I am a mere citizen, and veteran who took that same oath to preserve, protect and defend the constitution above, and who has won a constitutional case against the Department of Defense. I love the constitution and am not cynical toward it. I am cynical for American humans to be true to their word. That is all that is required to set things aright. That an Oath be honored.
For may years, the idea of a predatory government was far from the minds of most Americans. Today we live in a surveillance state and many, many provisions of the constitution are violated by the government and the corporations. You simply must read the text of it yourself. If Dwight D. Eisenhower were to come upon the very country he saved from fascism, he would be alarmed, and very angry! The founders I feel certain, are spinning in their graves in dismay. They conceived of a country of free and responsible people to govern themselves. They had just rebelled from an empire. Their intent was not to create another. After all. That is why they instilled the Bill of Rights to ink and memory. Have you?
This is the very shortest version I can provide. Look further in this website to the Constitution and how you can protect it, and yourself.
For together we stand.
Your Constitution 