12 September 2005

Where Does It Say That?

In response to the moronic rantings of Democratic Senators on the Judiciary Committee, I feel that re-hashing this post is especially prudent. Facts are facts, no where in our founding document does it mention abortion or privacy. So Feinstein, Kennedy, Biden, and Schummer, learn to read you moronic twits! I consider myself an authority on what the Constitution says and what it doesn't say. Those on the left would have you believe that the Constitution is a "living document" to which I say that is dangerous thinking. The Constitution is a static document. Why is it static? Because it is specific on certain points and vague on others for a reason.
Look at it this way, the United States is a Constitutional Federal Republic. As defined by Stanford:
Federalism is the theory or advocacy of federal political orders, where final authority is divided between sub-units and a center. Unlike a unitary state, sovereignty is constitutionally split between at least two territorial levels so that units at each level have final authority and can act independently of the others in some area. Citizens thus have political obligations to two authorities. The allocation of authority between the sub-unit and center may vary, typically the center has powers regarding defense and foreign policy, but sub-units may also have international roles. The sub-units may also participate in central decision-making bodies. Much recent philosophical attention is spurred by renewed political interest in federalism, coupled with empirical findings concerning the requisite and legitimate basis for stability and trust among citizens in federations. Philosophical contributions have addressed the dilemmas and opportunities facing Canada, Australia and Europe, to mention just a few areas where federal arrangements are seen as interesting solutions to accommodating differences among populations divided by ethnic or cultural cleavages yet seeking a common political order.
And Wikipedia defines Republic as:
In a broad definition a republic is a state or country that is led by people who do not base their political power on any principle beyond the control of the people living in that state or country.
And Wikipedia defines Federal Republic as:

A federal republic is a state which is both a federation and a republic. A federation is a state composed of a number of self-governing regions (often themselves referred to as 'states') united by a central, federal government. In a federation, unlike in a unitary state, the self-governing status of autonomous regions is constitutionally entrenched and cannot be revoked by a unilateral decision of the central government. Usage of the term republic is inconsistent but, as a minimum, it means a state that does not have a monarch as head of state.

Three states explicitly describe themselves as federal republics. These are the Federal Republic of Germany, the Federal Republic of Nigeria, and the Federal Democratic Republic of Ethiopia. A close variant is the term federative republic, which appears in the full official title of Brazil. Not every federation is also a republic. For example, Canada, Australia, and Malaysia are federal constitutional monarchies with parliamentary systems.

So in a Constitutional Federal Republic, the people govern through a limited central government as defined by the Constitution of the nation. The Constitution of the United States is specific in areas so that there is no gray area. It is vague in other areas so to leave those powers to the state and local governments. Hence conformity to the federalist theory or application of a limited central government. The Constitution makes provisions for the vague areas in Amendment X of the Bill of Rights.
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. Source
So, specifically if the Constitution does not address the topic, it is to the states that the responsibility and power goes. But the liberal way of thinking of the Constitution as being a "living document" (an impossibility unless it were tattooed on someone's body) is pure fiction. A dream. And cause for some of the most ignorant decisions out of the federal court system in recent years. Roe v Wade opened the flood gate of judicial Activism. By trumping the authority of the state court for what in the even most liberal of terms is a medical procedure, the SCOTUS over stepped its bounds and legislated from the bench. And with that decision, the lower courts saw permission given them to do the same. Gone are the days of individual responsibility. Gone are the days of limited government. It was in hopes of advancing the "Great Society" that the liberal political minds promoted judicial activists. Associate Justices such as Ginsburg who at one time was the General Counsel for the American Civil Liberties Union, a socialist front organization, advance the responsibility and power of the central government in contrast to the federal system which governed this nation since 1789. In recent days with the passing of Chief Justice of the United States the late William Rehnquist, some in the media, Congress, and liberal organizations featured on news programs, are publicly declaring that they want to know specifically how the President's nominee would deal with Constitutional Privacy Issues. What? The Constitution does not mention privacy as a right.
The Bill of Rights
Amendment I: Freedom of speech, religion, press, petition and assembly. Amendment II: Right to bear arms and militia. Amendment III: Quartering of soldiers. Amendment IV: Warrants and searches. Amendment V: Individual debt and double jeopardy. Amendment VI: Speedy trial, witnesses and accusations. Amendment VII: Right for a jury trial. Amendment VIII: Bail and fines. Amendment IX: Existence of other rights for the people. Amendment X: Power reserved to the states and people. End of The Bill of Rights Amendment XI: Suits against states. Amendment XII: Election of executive branch. Amendment XIII: Prohibition of slavery.
Section 1: "Neither slavery nor involuntary servitude..." Section 2: "Congress shall have power to enforce..." Amendment XIV: Privileges or immunities, due process, elections and debt. Section 1: "All persons born or naturalized in the United States..." Section 2: "Representatives shall be apportioned..." Section 3: "No person shall be a Senator or Representative..." Section 4: "The validity of the public debt of the United States..." Section 5: "The Congress shall have power to enforce..."
Amendment XV: Race and the right to vote. Section 1: "The right of citizens of the United States to vote..." Section 2: "The Congress shall have power to enforce..." Amendment XVI: Income tax. Amendment XVII: Senator election and number. Amendment XVIII: Prohibition on sale of alcohol. Section 1: "After one year from the ratification of this article..." Section 2: "The Congress and the several States..." Section 3: "This article shall be inoperative unless..." Amendment XIX: Sex and the right to vote. Amendment XX: "Lame duck" session of Congress eliminated. Section 1: "The terms of the President and Vice President shall end..." Section 2: "The Congress shall assemble at least once in every year..." Section 3: "If, at the time fixed for the beginning of the term of the President..." Section 4: "The Congress may by law provide for the case of the death..." Section 5: "Sections 1 and 2 shall take effect on the 15th day..." Section 6: "This article shall be inoperative unless..." Amendment XXI: Repeal of Article XVIII.
Section 1: "The eighteenth article of amendment to the Constitution..." Section 2: "The transportation or importation into any State..." Section 3: "This article shall be inoperative unless..."
Amendment XXII: Limit of Presidential terms. Section 1: "No person shall be elected to the office of the President..." Section 2: "This article shall be inoperative unless..." Amendment XXIII: Election rules for the District of Columbia. Section 1: "The District constituting the seat of Government..." Section 2: "The Congress shall have power to enforce..." Amendment XXIV: Taxes and the right to vote. Section 1: "The right of citizens of the United States to vote..." Section 2: "The Congress shall have power to enforce..." Amendment XXV: Rules of Presidential succession. Section 1: "In case of the removal of the President from office..." Section 2: "Whenever there is a vacancy in the office of the Vice President..." Section 3: "Whenever the President transmits..." Section 4: "Whenever the Vice President..." Amendment XXVI: Age and the right to vote. Section 1: "The right of citizens of the United States..." Section 2: "The Congress shall have power to enforce..." Amendment XXVII: Pay raises and Congress.
I know that my vision is somewhat less than 20/20, but I don't see privacy anywhere in those 27 Amendments to the United States Constitution. And no where in the 7 Articles of the Constitution does it mention regulation of medical procedures as a responsibility or power designated to any of the 3 branches of the federal government. The "living document" whores will have you believe that is because the founding fathers lacked the forethought to understand the needs of a modern world. To which I say they didn't have to have it in the first place. Under the 10th Amendment, the states pick up any and all powers not granted to the federal government or prohibited to the states by the Constitution of the United States of America. Now this document has been ratified by all 50 states in the Union. And the only way that it can be altered or "Amended" is through a specific set of procedures outlined in the Constitution.

Article V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Source
This Article shows that the founding fathers did have forethought of the future in mind. The members of the Constitutional Convention were smarter than modern liberals understand. They understood change. They fought a war for change. So they made a way for the people to change the document which outlines in detail the government under which we live. As someone who understands our system of government as well as I do, I find it difficult to make it through the nightly news broadcast without hearing the phantom terms "Constitutional Right To Privacy." It does not exist people! Not in the Constitution anyway. Americans have a right to privacy under certain conditions. The 4th Amendment guarantees us freedom from unreasonable searches and seizures. The key word is unreasonable. The 5th Amendment guarantees that I cannot be compelled to be a witness against myself. The 3rd Amendment guarantees that I will not be required to quarter military troops in my home. And is an outdated Amendment as the United States Government is the nation's largest land owner and quarters its troops on lands designated as Military Reservations. Beyond that, the Constitution does not mention privacy issues in any way. This presumed right to privacy is something dreamed up by SCOTUS and the lower federal courts with the ACLU cheerleading them down that judicial activist approach. The Federal Courts are governed under Article III and fail to abide by the responsibilities and restrictions of the Constitution.

Article III.

Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.
Clause 1:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;11--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.11
Clause 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Clause 3:
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Clause 1:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Clause 2:
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
With every decision based upon a political viewpoint of the majority of the Court, European or other foreign law, or funky dreams in the middle of the night and not based entirely on the Constitution of the United States, the Federal government grows beyond its intended place. And that erodes at our way of life. Judge Roberts when confirmed will become the Chief Justice of the United States. And as such, will return the Court to a strict Constructionist Court. Forget what Chucky Schummer and Fat-Ass Kennedy "The Lush" says. The Court was set up to review grievances brought before it as they apply or conflict with the Constitution. That's it. All other matters belong in state court. And the state courts should have the final say unless there is a clear application or Constitutional conflict.
Blogger's 1st Amendment Pledge If the FEC makes rules that limit my First Amendment right to express my opinion on core political issues, I will not obey those rules. Gribbit is a contributing writer at Stop The ACLU and the co-founder and administrator of Stop The ACLU BlogBurst.

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