Tuesday, January 24, 2023

The Other Option

To every thing there is a season, and a time to every purpose under the heaven….  A time to rend, and a time to sew; a time to keep silence, and a time to speak.  (Ecclesiastes 3:1 & 7, KJV)   

WHY do we let liars dominate the stage?  For there is no excuse when an occasion presents an opportunity to tell the truth.   

     The President “shall from time to time give to the Congress information of the State of the Union.”   (Article II, Section 3)  And every address is, or should be, a chance to renew the commitment to the goals set forth in the Preamble, that is, “to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity…”  (Emphasis added)   

     As the President of the United States stands before a joint session sitting in the House of Representatives, a body whose majority has threatened to hold the economy hostage, he must execute a last resort and announce that, pursuant to Article VI, Clause 1 and Section 4 of the Fourteenth Amendment, as well as his duty to “take care that the laws be faithfully executed”—and the Constitution is the first law—he will raise the debt ceiling.  (Article II, Section 3)  Furthermore, he shall inform the Imperial Court, which will be present, that if they attempt to overrule him, he will paraphrase President Andrew Jackson and say, “Mr. Roberts, you have made your decision.  Now go and enforce it.”   

     For those who think such action is outlandish, John Locke, in the Second Treatise of Civil Government, stated, “…(P)rerogative is nothing but the power of doing public good without a rule”; and his influence on the Founders was made clear by someone who attended the Convention.  “Energy in the Executive is a leading character in the definition of good government….”  And without it, Alexander Hamilton noted, there are consequences.  “A feeble executive implies a feeble execution of the government.  A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.”  (The Federalist Papers, No. 70)  Thus, there are times when a President must use the full powers of the office, as JFK said, "all that are specified and some that are not." 

(c)2023 Marvin D. Jones.  All rights reserved.

 

https://youtu.be/W4ga_M5Zdn4

[Turn, Turn, Turn] 

https://marvindjones.blogspot.com/2021/10/a-last-resort.html

[A Last Resort] 

https://marvindjones.blogspot.com/2022/01/the-imperial-court.html

[The Imperial Court]

Friday, January 06, 2023

Oath and Consequences

“This Constitution…shall be the supreme law of the land…any thing to the contrary notwithstanding.”  (Article VI, Clause 2) 

THE MAN WHO WOULD BE KING gave his word, with such a lack of irony that one suspects he needs Geritol.

     “A massive fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.  Our great ‘Founders’ did not want, and would not  condone false and fraudulent elections.” 

     Anyone the least conversant in American history knows how often this nation has refused to take      refuge in the arms of monarchy.  The Declaration of Independence begins with ideals and then lists grievances against George III.  The Constitution makes it clear that there are to be no titles of nobility here and guarantees “to every State in this Union a republican form of government.”  (Article I, Section 9, Clause 8; Article I, Section 10, Clause 1 & Article IV, Section 4)  The Fourth Amendment stands in contrast to the writs of assistance—general search warrants—which allowed the agents of King George III to do as they pleased.  Thus, among other things, the Bill of Rights defines the role of a police officer in a republic, not a monarchy. 

I

     Thomas Jefferson’s concern over “governments deriving their just powers from the consent of the     governed” is now to apply only when one likes the results.  So, the self-styled “conservatives” and “strict constructionists” must have forgotten that James Madison, like the author of the Declaration, made the very same point—“A republic, by which I mean a government in which the scheme of representation takes place....”  (The Federalist Papers, No. 10)  And they must have also forgotten another minor observation by the Father of the Constitution that “The definition of the right of suffrage is very justly regarded as a fundamental article of republican government.”  (The Federalist Papers, No. 52) 

     It was not possible at the Convention to establish “one uniform rule” for voting.  (James Madison, The Federalist Papers, No. 52)  Instead, those who were eligible to vote for the lower House of the State Legislature could do so in Federal elections.  (Article I, Section 2)  Now, because of the Fourteenth, Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth Amendments, there is a national standard with consequences for those States that deny or abridge the right to vote.  (Fourteenth Amendment, Section 2)  Thus, Article I, Section 4, Clause 1—“The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations”—can have full force and effect. (Emphasis added) 

II

     Before he was deposed, King Chief Traitor I said, “I have an Article II where I have the right to do whatever I want as President.”  He also claimed, “the complete power to pardon.”  Apparently, no titles of nobility only applies to commoners.  (Article I, Section 9, Clause 8 & Section 10, Clause 1) 

     If a citizen said, “A fraud of this type and magnitude allows for Macbeth’s termination,” the Secret  Service would pay that individual a visit.  Yet the Chief Traitor can call for the death of the very thing we take an oath to defend—and no one knocks on his door.  Instead, he is protected. 

     The Chief Magistrate of the Union takes an oath to “preserve, protect and defend” the Constitution.  But the Chief Traitor is a certified sissy who never served, and he is an offense to all of us who meant it when we said, “So help me God.”  And since the oath requires us to support and defend the supreme law of the land “against all enemies, foreign and domestic,” he must be viewed as the latter.  Therefore, he is entitled to no respect beyond common courtesy, no deference but Mister lest Sir arouse thoughts of knighthood. 

III

     Turmoil is America’s middle name.  But according to the country’s birth certificate, Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes….”  The exception occurs “when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism….”  Shays’ Rebellion, which showcased the shortcomings of the Articles of Confederation with a bayonet point, did not meet the Declaration’s standard.  Neither did the Whiskey Rebellion, the first uprising under the Constitution, which was met with a firm response due to the previous experience.  And the Civil War was an act of treason; and treason—“levying war” against the United States—is the only crime defined in the supreme law of the land, because it is a threat to the life of the Republic.  (Article III, Section 3)  Thus, “light and transient causes” will not suffice; and, besides, the Fundamental Charter makes revolution within the framework of law possible through ballots, not bullets.  A republic is the means to an end that avoids “a long train of abuses and usurpations.” 

     The Attorney General assists with the “take care” clause day-to-day in regard to prosecutions.  But the Battle of Capitol Hill merits a response beyond criminal law. 

     To “insure domestic tranquility,” the Chief Magistrate must “take care that the laws be faithfully executed” in regard to national security.  (Preamble & Article II, Section 3)  The first law is the supreme law of the land and all actions must be “in pursuance thereof.”  (Article VI, Clause 2)  Therefore the President has to act like Washington and Lincoln—call up the Militia and suspend the writ of habeas corpus, which can be done “when in cases of rebellion or invasion the public safety may require it.”  (Article I, Section 8, Clauses 15 &16; Article II, Section Clause 1; and Article I, Section 9, Clause 2)  For domestic terrorism is rebellion by another name, as Grant recognized in taking such action against the KKK during Reconstruction.  Thus, by these deeds, the President of the United States is true to the oath to “preserve, protect and defend” the Constitution.  (Article II, Section 1, Clause 8)   

     With the separation of the wheat from the chaff, the Special Prosecutor can proceed with priority prosecutions.  Count 1 could be conspiracy to defraud the United States and Count 2 rebellion or insurrection.  (Title 18, Section 371 & Section 2383 of the United States Code, respectively; the latter enforces the Fourteenth Amendment, Section 3) 

     There is no statute of limitations on upholding the supreme law of the land.  It is a lifetime commitment, and those who call for the termination of the Constitution must know that their service is at an end and they will never hold any office under the United States again.  (Fourteenth Amendment, Section 3 & Title 18, Section 2383)  And while turmoil is America’s middle name—which is to be expected, having been born in dissent—an armed threat to the life of the Republic must be a death sentence for anyone who takes aim.  (Article III, Section 3 & Title 18, Section 2381 of the United States Code)

(c) Marvin D. Jones 2023.  All rights reserved.

 

https://www.dailykos.com/stories/2022/12/23/2143504/--Are-we-at-war-Bannon-exhorts-TPUSA-s-awakened-army-to-take-this-to-its-ultimate-conclusion

['Are we at war?’ Bannon exhorts] 

https://www.dailykos.com/stories/2022/12/24/2143600/-January-6th-Rioter-Arrested-Planned-to-Kill-37-FBI-Agents?utm_campaign=recent

[January 6th Rioter Arrested: Planned to Kill 37 FBI Agents] 

https://quod.lib.umich.edu/j/jala/2629860.0029.205/--lincoln-s-suspension-of-the-writ-of-habeas-corpus?rgn=main;view=fulltext

[Lincoln’s Suspension] 

https://harvardlawreview.org/2012/02/the-forgotten-core-meaning-of-the-suspension-clause/

[Suspension] 

https://youtu.be/GVpUjmNN31Q

[Does it come in black?]