Constitution Day

Some people find our Constitution difficult to read and understand. These same people probably find a “one way only” traffic sign confusing — given the fact that one can only go one way at any given time.

The United States Constitution contains only “enumerated powers.” When “We the people” ordained and established the Constitution, we in fact created the Federal government. The Federal government belongs to the people — the people are not property of the government. Implied powers are just that — implied — and subject to interpretation by the federal court system and the approval of the people.

All the powers entrusted to the Federal government are listed in Article 1, Section 8 – and detailed in the Clauses thereof. These clauses are not difficult to read or understand. Only Congress has the power to implement laws in accordance with the enumerated powers. Article 2 is brief because the powers of the Executive Branch were intended to be limited in scope — the main function of a president was to “swear” an oath to protect and defend the Constitution and then perform that function.

The only manner reserved to change the powers and decisions of Congress is through an Amendment to the Constitution. There are three methods of Amending the Constitution. The most common form of amendment is with a two-thirds vote by the House and Senate, and then ratification which must be approved by three-fourths of the states. Once the Amendment is approved by the states it is certified by the Archivist of the United States, who heads the National Archives and Records Administration. The only input allowed to the President is in signing the document as a “witness” if he so chooses and desires a photo opportunity.

Presidents have used Executive Orders to establish their goals. Since no President has any role in amending the Constitution, it logically follows that they have no authority to change existing law by use of Executive Order. Such an attempt would violate the Constitution and be grounds for removal from office.

The Bill of Rights, those first 10 Amendments to the Constitution, was enacted to “prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” The Bill of Rights forms a living trust between the government and the citizens of the United States. And once government attempts to invalidate any of those 10 absolute rights of the citizens, it has broken that sacred trust granted by the people — and nullified the implied contract between government and the people.

The First Amendment provides for our individual rights of: Religion, Speech, Press, Assembly, and Petition. We can practice whatever religion we choose — or none at all. We can publically or privately discuss the shortcomings and failings of our government. The press – even though it has basically become a lab dog for liberalism, is expected to be watch dog, and publish the grievances of the people. We have the right to peacefully assemble – and protest the actions of our government. And lastly — we have the right to petition our government with our grievances.

The Second Amendment gives each citizen the right to “keep and bear arms” and extends to us the right of ownership, possession, and transportation of arms. The Federal government has no factual authority to infringe or otherwise violate these rights. “Bear arms” simply means to possess a weapon that can be carried by an individual — therefore the 2nd Amendment does not grant the right to the individual citizen to own a cannon or other device which cannot be carried. The style of the weapon or how many shells it may hold was not addressed — and Congress can only legitimately do so by the Amendment process, or enact a new law to make some specific declaration.

The various states have the right to establish parameters for gun ownership by requiring permits, waiting periods, and such. This is their right under the 10th Amendment. However, states and municipalities cannot supersede the Bill of Rights and deny gun ownership or possession — this was recently confirmed by a Supreme Court decision.

Our rights are indelible and they separate us as a nation from other countries around the world whose citizens have no such guarantees. Our rights and liberties have endured the test of more than 220 years of American history. The United States Constitution should be respected as much as the Bible. Unfortunately – it is – and most Americans are probably equally versed on the contents of both.

Have a good week.

Bill Shuey is a freelance writer from Murphy, NC. He can be contacted at: washuey@brmemc.net. His articles can be read at:
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