MCViewPoint

Opinion from a Libertarian ViewPoint

Posts Tagged ‘U.S. Constitution’

I Didn’t Join the Military to Fight for Taiwan

Posted by M. C. on September 22, 2022

When I joined the U.S. Marine Corps Reserves, and later the Idaho Army National Guard, I signed up to protect and defend the U.S. Constitution and our Bill of Rights—not Taipei.

by Dan McKnight

https://libertarianinstitute.org/articles/i-didnt-join-the-military-to-fight-for-taiwan/

Are you ready to go to war to “protect” a place, thousands of miles away from our nation, which we have no treaty alliance with and no overriding national interest?

I’m not talking about Ukraine, even though we continue to pump that country full of billions of dollars in weapons and supplies in a proxy war against Russia.

I’m talking about Taiwan, located off the coast of China in the Pacific Ocean.

Joe Biden just promised to defend it with the full military might of the United States.

When I joined the U.S. Marine Corps Reserves, and later the Idaho Army National Guard, I signed up to protect and defend the U.S. Constitution and our Bill of Rights—not Taipei.

Here’s the story.

After the Chinese Civil War ended in 1949, and Chairman Mao consolidated the rule of the Communist Party in Beijing, a small collection of anti-communists flew the coop and established themselves on the island of Formosa, about 100 miles from the mainland.

That’s where they’ve been ever since, developing from a military dictatorship to a parliamentary democracy with two major parties. One wants closer integration with Beijing, the other wants full independence.

Both Taipei and Beijing claim to be the legitimate government of all of China.

In the 1970s, our government normalized relations with the Chinese mainland, and de-recognized the “Republic of China” in Taiwan, severing diplomatic relations and abrogating a defense pact.

For over 40 years since then our foreign policy has been guided by “strategic ambiguity.”

See the rest here

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Government Unhinged: No Constitutional Restraints, Just Executive Orders!

Posted by M. C. on January 29, 2021

In just 9 days, President Biden has signed a record 40 executive orders, actions and directives. This is a far cry from the schoolbook instructions on “How a bill becomes a law.” Is this what “our democracy” has come to mean? The stroke of a pen? Where’s the U.S. Constitution?

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10th Amendment – LewRockwell

Posted by M. C. on April 21, 2020

Yet almost every Governor have done precisely this, i.e., they have
restricted, regulated and prohibited activities that the Constitution
itself says they have no right to restrict, regulate, or prohibit. Even
worse (from a legal perspective) they have done so mostly by edict and
not by legislation and none to my knowledge have even had to go to court
to attempt to provide any “rational basis” for their actions. That,
dear reader, is the complete abandonment of the rule of law.

https://www.lewrockwell.com/2020/04/dom-armentano/10th-amendment/

By

Some liberal and conservative commentators have argued that the 10th Amendment to the U.S. Constitution does give the States (and the people) certain “powers” or rights not granted to the Federal Government. This argument is being used currently to defend the so-called “rights” of the States to decide when and whether to allow the resumption of normal business and societal relations in the state.

But is this an accurate reading of the 10th Amendment and of the argument from “states rights’? Hardly. It is true that the 10th Amendment does say that powers NOT granted under the Constitution to the Feds are, in fact, reserved to the States and to the People. BUT it also says, and this is a huge BUT, these so-called “powers” CANNOT include activities expressly “prohibited by it (the Constitution) to the States..” In short, the States cannot regulate or prohibit activities that are explicitly protected by the Constitution as “rights”, namely activities such as (Amendment 1) “the free exercise of religion” and the “right of the people…to assemble…” And no State, of course, (Article 1, Section 10) “can pass any Law impairing the Obligation of Contracts…”

In short, the States don’t have–and have never had–the legitimate power to regulate or prohibit religious freedom or freedom of assembly or “impair” the obligation of contracts.” Yet almost every Governor have done precisely this, i.e., they have restricted, regulated and prohibited activities that the Constitution itself says they have no right to restrict, regulate, or prohibit. Even worse (from a legal perspective) they have done so mostly by edict and not by legislation and none to my knowledge have even had to go to court to attempt to provide any “rational basis” for their actions. That, dear reader, is the complete abandonment of the rule of law.

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A More or Less Perfect Union – LewRockwell

Posted by M. C. on February 12, 2020

There’s a discussion about how some of our Bill of Rights guarantees mean absolutely nothing today, namely the 9th and 10th Amendments, which reaffirm personal liberty by specifically limiting the federal government to its “enumerated powers.”

The most important audience for “A More or Less Perfect Union” is high school and college students. For it is they who stand a good chance of losing the liberties that made our nation the greatest and freest on earth.

https://www.lewrockwell.com/2020/02/walter-e-williams/a-more-or-less-perfect-union/

By

“A More or Less Perfect Union” is a three-part series, produced by Free to Choose Network, that will air on various PBS stations across the nation starting in February. The documentary is a personal exploration of the U.S. Constitution by Justice Douglas Ginsburg, who served on the U.S. Court of Appeals D.C. Circuit and is now a senior justice on the court. Ginsburg explores the U.S. Constitution and features interviews with and gains the perspectives from constitutional experts of all political views — liberal, conservative and libertarian. He examines the key issues of liberty in the U.S. both from a historical and contemporary perspective. Among those issues are freedom of the press and religion, slavery and civil rights, the Second Amendment, separation of powers and the number of ways that the Constitution’s framers sought to limit the power of the federal government.

The first episode is titled “A Constitution in Writing.” It examines the contentious atmosphere that arose among the delegates in that hot, humid Philadelphia summer of 1787. State delegates were sent to Philadelphia to work out the problems of the Articles of Confederation, which served as the first Constitution of the 13 original states. This part of the documentary examines some of the efforts to deal with the problems of the Articles of Confederation while maintaining its guiding principle to preserve the independence and sovereignty of the states. It also examines the compromises and struggles that led to the document we know as the U.S. Constitution. Some of the framers, particularly the Anti-Federalists, led by Patrick Henry, saw the Constitution as defective and demanded amendments be added that contained specific guarantees of personal freedoms and rights and clear limitations on the federal government’s power. They swore that they would never ratify the Constitution unless it contained a Bill of Rights.

The second episode is titled “A Constitution for All.” One major emphasis of this episode is the examination of the Supreme Court decisions that undermined racial justice both for slaves and later ex-slaves for a century after the Civil War. Several constitutional scholars discuss how the courts and states ignored and weakened the 13th, 14th, and 15th Amendments, known collectively as the Civil War Amendments, which were designed to ensure equality for recently emancipated slaves. There is also discussion of Bill of Rights guarantees to people accused of a crime. There is more exploration into the Bill of Rights guarantees of free speech, religious freedom and the notion that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property.” This forced the government to compensate citizens when it takes private property for public use.

Episode three, “Our Constitution at Risk,” examines the many ways that our Constitution is under assault today. It points out that the framers would be shocked by how all three branches of government have grown as a result of what we the people demand from our elected representatives. There’s a discussion about how some of our Bill of Rights guarantees mean absolutely nothing today, namely the 9th and 10th Amendments, which reaffirm personal liberty by specifically limiting the federal government to its “enumerated powers.”

“A More or Less Perfect Union” is not just a bunch of academics and constitutional experts preaching. It features interviews with everyday Americans weighing in with their visions on the rule of law, the branches of government and the debate over originalism. There’s a companion book titled “Voices of Our Republic,” edited by Ginsburg. It is a collection of thoughts about the Constitution from judges, journalists, and academics. It includes the thoughts of Supreme Court Justices Ruth Bader Ginsburg, Neil Gorsuch and Sandra Day O’Connor, publisher Arthur Sulzberger, professor Alan Dershowitz, Governor Arnold Schwarzenegger, and historians Joseph Ellis and Ron Chernow, along with Jack Nicklaus, Gene Simmons and many others.

The most important audience for “A More or Less Perfect Union” is high school and college students. For it is they who stand a good chance of losing the liberties that made our nation the greatest and freest on earth.

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We’re All To Blame – LewRockwell

Posted by M. C. on September 13, 2017

Today’s Americans have little appreciation for how their values reflect a contempt for those of our Founding Fathers. 

https://www.lewrockwell.com/2017/09/walter-e-williams/were-all-to-blame/

The largest threat to our prosperity is government spending that far exceeds the authority enumerated in Article 1, Section 8 of the U.S. Constitution.

Where do you think Congress gets the resources for such spending? It’s not the tooth fairy or Santa Claus. The only way Congress can give one American a dollar is to use threats, intimidation and coercion to confiscate that dollar from another American. Congress forcibly uses one American to serve the purposes of another American. We might ask ourselves: What standard of morality justifies the forcible use of one American to serve the purposes of another American? By the way, the forcible use of one person to serve the purposes of another is a fairly good working definition of slavery… Read the rest of this entry »

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