The Unconstitutionality Of It All!

Most people, including those who might claim to be watchdogs over our constitutional rights, continue to overlook what I believe are the most fundamental and dangerous violations of (and affronts to) the constitution and constitutional principles by Democrats throughout 2009 and, probably, continuing.

My concerns for our Republic have been growing throughout the year and have increased nearly exponentially as I tried to connect dots from the constitutional convention to present behaviors within and between our three branches of government. I'm a visual/mechanical person so writing it down is a clarifying activity that helps bring focus to what I'm thinking so I decided to blog it. As I did, it appeared to coalesce in a way I didn't see expressed anywhere else that I've found so I decided to give this 'connecting the dots' more life and visibility.

In future blogs I intend to focus nearly exclusively on connecting the dots from the beginning for others to follow if they're interested but I felt I needed to lay a foundation for it first. This foundational blog is more of an end point. The reader will get an idea where I want to connect the dots 'to'. It's good to have a guiding objective when beginning any journey, is it not? I only wish our so-called representatives in government thought this way.

Here are some key and extraordinarily serious problems with what our (as intended) representative federal government is doing to and for us:

1. Republican citizens have been disenfranchised. (I thought the Supreme Court ruled this unconstitutional.)

Democrats in Congress are not only actively but aggressively denying duly-elected Republican representatives participation in basic legislative PROCESSES. That is fundamentally unconstitutional because it renders those representatives (and, therefore, the votes of their constituents) irrelevant and it fundamentally denies their constituents a voice in government.

Of course, the majority party may control the final vote but they MAY NOT, as a matter of principle if not actual law, deny any political party and, thereby, their constituents participation in the process. The founders were VERY CLEAR that the majority party in fact had primary responsibility to ENSURE minority party participation in the process with the declared(!) objective to avoid "tyranny of the majority", a.k.a. "majority oppression".

The founders and the spirit of the constitution declare and demand(!) that American citizens be GUARANTEED fair and proportional OPPORTUNITY to participate in the creation of legislation and resulting laws used to govern us. If those we elect do have equal opportunity to participate and, yet, represent our interests poorly or not at all, we can replace them with someone who will. At least that's all part and parcel of constitutional processes. If those same representatives are PREVENTED from representing our interests, that is fundamentally unconstitutional is it not?

Note: I don't accept this as okay behavior by either/any party. It is fundamentally bad for our country no matter what party is doing it.

2. The laws being created are, therefore, unconstitutional also.

That the process is unconstitutional causes(!) all legislation and laws deriving from it to be unconstitutional and unlawful. That's just basic logic and rational thinking.


3. We citizens have a contract (which is being violated) with, not only our own elected representatives, but the entire legislative bodies.

By way of the constitution, we have contracted with our representatives for them to wield considerable power (and judgment) ... on our behalf ... at the federal level. We hire them to represent us in return for their commitment to present and defend our interests before their respective bodies in the creation of legislation and laws. That contract is being prevented from being fulfilled by Democrats who completely block our representation from even being heard, much less considered.


4. We're being denied due process.

In legal terms, we are also being denied due process aren't we? We're disallowed participation in legislative processes via our duly-elected AND LEGAL(!) representatives. It's no different from a defendant's lawyer being blocked from arguing anything on his client's behalf or otherwise representing his client's interests in the courtroom. That's clearly illegal, correct? Why isn't the blocking of all things Republican in legislative processes just as illegal for the same reasons?


5. We're being subjected to taxation without representation. (That's not only unconstitutional, we fought a war over this ... and won by the way!)

To the extent #1 above is true, this is also. Truly, do Republicans have ANY voice whatsoever in the taxes being created that we will have to pay? Of course not! We already fought a revolution over this. What more do we have to do to get these people to understand that they may not behave this way?


Conclusions:

The above arguments apply equally to all legislation, not just the health care bills. In that respect, these arguments are vastly more important than the more narrowly-focused one about Congress' authority to require us to purchase health insurance.

Gads! This seems wrong and fundamentally unconstitutional on so many levels and there is a vast silence on these aspects of what's going on. What's up with that?