Regardless of the venue these days (internet, radio, television), too many have too much to say that isn’t based in fact or attached to even a semblance of reality.
It is as though the truth has no bearing in today’s society.
The Dems are ranting about “fake news” while enjoying years of the Onion, John Stewart, and Snopes not to mention openly lying to the public (Reid, Pelosi, Obama, the Clintons and Hands up don’t shoot, are just a few examples).
We are inundated with phrases like “free trade” and “crony capitalism” while being smothered in lies such as America was founded on “multiculturalism” or “diversity makes us stronger”.
As I have stated many times there are only two cultures in human behavior.
Freedom and Oppression.
The closer you are to one the further you are from the other.
The political “experts”or “think tanks” continue to crank out new jargon and the “press” repeat it until these amalgamations of verbiage become mainstream garbage consumed daily by the masses like trans fats or high fructose corn syrup.
Can anyone say “fact of the matter?”
It is a matter of fact and as a matter of fact trade isn’t free.
It is also impossible for capitalism (an economic system) to have cronies.
America was founded on Freedom not “diversity” and bigotry doesn’t make anyone or anything stronger.
The political “experts” aren’t, and someone needs to drain the tank, as the “thinkers” have drown, thanks to a lack of ethics.
I have to laugh at the Communists known as the Democratic Party. They not only change their names faster than a diaper on a new born baby, the outcome is the same.
Both are full of fecal matter.
That’s probably why they do it. They can’t stand the smell either.
As if that isn’t enough for the Democratic-Socialist/Liberal/Progressive/Pro-Palestinian Party they now want to choose labels for the other “side”.
Alt right is now the new Liberal slander for anyone who isn’t a supporter of CAIR, La Raza, Hamas, or Keith Ellison.
I’m probably being redundant with the aforementioned names.
I should have just said Anti-American.
How did we get here?
Some will argue our decline started with Reagan and his compassionate conservative (liberal) allowance of Amnesty number one and the first version of Obamacare that both took place in 1986.
Others will point to the murder of Kennedy and the rise of LBJ.
A few will push back even further and reference FDR as the tide turned away from rugged Individualism and into the arms of a growing “government” as “Democracy” followed its natural pathway into Tyranny. (Socratic Theory)
All of these things have taken their toll on America but let us claw back even further.
Let us remind ourselves of a famous, or infamous court case, of which many Americans haven’t any knowledge or have forgotten, a long time ago.
Marbury versus Madison.
For the purpose of this column the inner workings of the case aren’t pertinent so I will make this portion short.
In any court case, one side wants something from the other, that the other does not want to relinquish.
As this was taking place only a couple of decades after the American Revolution, the United States Constitution was still being upheld by its original creators.
The concept of Aristotle’s three pronged governance had morphed into an American Legislative, Executive, and Judicial model (in that order), and as was originally intended, most of the authority and responsibility, was found in the Congress (Power of the Purse, Approval of War, Impeachment (House), Conviction and removal (Senate), etc.).
Although as children we are taught about the three “equal branches of government” the true check and balance was supposed to be between the House and the Senate. The Executive Branch was supposed to make requests with which the Congress would approve of or not. The Judiciary, until 1803, did not have the authority to supersede the other Branches. Some will argue (I am among them) that they still do not have the Constitutional authority and is a major part of the reason we are in our current situation.
This column is specifically written for those struggling with this concept, who continue to repeat the mantra of the elected and appointed oligarchical mouthpieces, whom have usurped power from the People due to the Marbury v Madison decision.
Just because something is believed to be true doesn’t make it so.
Due to this usurpation from the People the Executive and Judicial Branches have become what the Founders feared.
Tyrannical figures.
John Roberts, George W. Bush, and Barack Obama, are clearly recent examples of this.
Judicial decisions from an unelected human and Executive orders from those who would be King.
Washington himself warned of too much power at the Executive level, and although the States were united, each already had its own governance in place including Judiciary.
The concept of Decentralized Authority was to protect one State from another while requiring the Constitution, and only the Constitution, be the one shared document that must be enforced.
The “law of the land” and that each State must enforce not interpret nor recognize any other authority.
Again a land of law (justice through enforcement) not of men (selective interpretation).
As Marbury versus Madison unfolded Justice John Marshall wrote the opinion that Marbury had the right to petition the court, but the court didn’t have the authority to force the Federal government (Madison) to take action.
One man decided what was “legal” and then gained the approval of three others on the Supreme Court to render a 4-0 unanimous decision.
ONE MAN.
One man, who split multiple hairs, while bouncing back and forth between the concept of the Constitution and the concept of the Law, made a decision, knowingly or not, that opened the door for other men and eventually women to split different hairs in different fashions and render decisions that are not subject to the United States Constitution or even Constitutionally based.
An example of this is the behavior of John Roberts towards “Obamacare”.
The Creators of the United States Constitution, specifically James Madison (Marbury versus MADISON) did everything they could to take the positives from Socratic Theory and create a new system away from Democracy and its eventual decline into Tyranny.
A Constitutional Republic.
With one man’s opinion America was thrust back into Socratic Theory and continued on the path with which Plato attempted to warn us away.
Even worse it appears Marshall attempted to appease by giving both sides a victory and a defeat while ultimately elevating the power of the Judiciary above the other branches.
Marshall created an oligarchy of four that has currently doubled to eight and will soon return to nine.
I can hear the “think tanks” pacing and ranting right now.
You are wrong Jason.
Is that right?
Yes Jason that is right.
We are attorneys, professors, and Constitutional sch0lars.
We know more than you.
Okay then.
While you “thinkers” are wallowing in your own little vacuums of narcissism I will ask for assistance from an actual Constitutional scholar.
Please see the statement below made to Justice Marshall from THOMAS JEFFERSON.
“You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps…. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign WITHIN THEMSELVES.”
Just in case Thomas Jefferson, author of the Declaration of Independence and the third President of the United States was too eloquent for the Constitutional scholars of today I will briefly summarize.
Marshall was wrong.
Because of this decision American jurisprudence has been dominated by “a very dangerous doctrine indeed, and one which (has) place(d) us under the despotism of oligarchy”.
Socrates gave us a theory.
Plato an explanation.
Aristotle a model.
Madison and company created a new direction to embrace, encourage, and empower the Individual known as American that was then returned to Democracy and ultimately Tyranny by “judges [who] are as honest as other men, and not more so. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control.”
Despots.
Ask not what our country can do for you rather ask what has been done to our country.
In returning to our original premise, “fake news”, it is apparent to those with clear minds that the rationalization of behavior (Marshall) has always been part of the human condition. Jefferson himself wrote glowingly of Freedom and Liberty yet owned other humans. At best this is the height of intellectual hypocrisy and at worst a specimen without a soul.
As the evolution of the human animal took place in what is referred to as Western society each step created a better version of the last. From Socrates to Plato to Aristotle to Jesus the concept of the Individual grew. With Locke, Montesquieu, and Adam Smith the movement towards an understanding of Free Will became more mainstream. Jefferson, Adams, and Madison pulled from these ideas to pen a Declaration heard around the world and a Constitution that moved the planet closer to personal responsibility through life, liberty, and the pursuit of happiness. Abraham Maslow built upon these concepts and better explained the survival needs of the Homo Sapien while century old words of Shakespeare “to be or not to be” spread the idea of Being Human.
With all things in life each organism is getting “better” or getting “worse”. Cycles begin and end through winter, spring, summer and fall, birth and death, sunrises and sunsets.
Evolution of society implies positive growth.
Those with “fake news” need not apply.
Throughout time we’ve been given incredible models and those models became greater in scope because each wave of ethical intelligence required a better way of service to their fellow brothers and sisters.
New systems are needed now. The evolution of the American is screaming for the next level of consciousness.
Let the Constitution continue to protect America, while those of us who can, push forward into this good night, requiring our presence and time here on the planet be fruitful in practice, beneficial to others, and so spectacularly curious that each of our imprints plant seeds, with which others, will be nourished.
Jason Kraus
www.aleadernotapolitician.com
