** Updated March 2, 2014 to include the video of the exchange with Dina Titus
The People Aren’t The People … We Are The People
For years now, I have repeatedly made the case that many politicians who quote or cite the U.S. Constitution have never actually taken the time to read the document. This is in spite of the fact that any U.S. citizen can obtain a free copy from their congressional representative through a simple visit to his/her office. You’d think that an elected official who distributes this document might at some point actually pick it up and see what all the fuss is about.
Over the past several elections, many politicians have tried to corner the market as the ‘Constitution guy’ in order to secure votes. Unfortunately, they’re just as ignorant of the wording in the US Constitution as the next guy. They always get caught misquoting it, or providing their own interpretation of what the founding fathers were ‘really’ thinking.
My biggest issue comes from the Tenth Amendment. The Tenth Amendment is a part of the Bill of Rights and is known as the “Reserved Powers” amendment. Why? Because it reserves powers, of course. Many listeners have asked me over the years why Congress gets away with their unconstitutional power grabs when the Tenth Amendment clarifies their limited authority quite well. I always have the same answer. Members of the US Congress believe THEY are “the people.”
Congressional representatives have determined that the Tenth Amendment’s “or to the people” provision is actually talking about THEM. The people elected them, so they are the people’s representatives. Therefore, they are the people.
The more I talk about this issue, the more examples surface to prove my point.
See I Told You So
KXNT’s Ciara Turns attended the recent health care town hall held by Dina Titus (D-NV) and got to speak with Rep. Titus for a few minutes. During their conversation, Ciara asked Titus what part of the US Constitution granted the federal government the authority to intrude on the private sector as it is doing with health care reform. The response: “The Tenth Amendment.”
Here’s the video of that exchange:
See, I told you so.
Titus said that the Tenth Amendment “allows anything not prohibited in the first nine amendments to be done by states or by government.” That is a direct quote from video taken at the public event.
Titus then went on to say that the US Constitution was a document that was “written to be flexible over time.” After which she went on to argue against freedom of speech by citing the example of yelling fire in a theater and some other nonsense. Those darn strict constructionists!
Looks like the whole ‘living, breathing document’ theory is alive and well in Nevada politics. Titus completely ignores the way in which our constitution is actually designed to be flexible – and it is. The flexibility exists in that a constitutional amendment to the Constitution can be proposed, and then ratified – not in the ability to reinterpret the words written by our founding fathers. To amend the document requires a ¾ approval from state legislatures, or the approval of a constitutional convention. So: it is flexible, but only after tremendous effort.
Rep. Titus believes that the Tenth Amendment grants the federal government the authority to address health care the way it is doing. She is misguided, and this is evident in her inability to cite the meaning of the Tenth Amendment correctly in her discussion with Ciara. (Wasn’t she a political science professor?)
For the record, the Tenth Amendment states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Notice it says that authority reverts back to the states, or “to the people” … not to government. Nor does the Tenth Amendment apply only to the first nine amendments, as Titus seemed to indicate. This is where my statement that Congressmen believe they are the people is relevant. Perhaps it was a Freudian slip when she said government instead of people.
Two’s Company
Today, House Majority Leader Steny Hoyer (D-MD) stated that the US Constitution’s ‘General Welfare’ clause granted the government the authority to require American citizens to buy health insurance.
Funny … the General Welfare clause is not in the Tenth Amendment. Someone should tell Dina Titus. It would seem these two Democrats can’t agree on what part of the US Constitution grants them the authority to impose mandated health insurance. In other words, they are grasping at straws. Let’s hope they prick their fingers on a needle instead.
Article I, Section 8, outlines the powers of Congress, including raising taxes. It does not allow for Congress to mandate the purchasing of any item, good, or service. You can read it here.
Now what did the Tenth Amendment teach us earlier about authority not granted to the federal government by the Constitution? It is supposed to revert to the states, or to the people. And, just like Titus: Hoyer believes he is the people.
Three’s Not A Crowd, It’s The Forming Of A Pack
In my last interview with Majority Leader Harry Reid (D-NV), which got national attention, I brought up the fact that Congress was passing unconstitutional bills. He was perplexed and asked which were unconstitutional. I began bringing up the retroactive legislation Congress was enacting in dealing with the AIG bonuses. Again, he was perplexed and asked how those were unconstitutional.
Now, before I go further, we have to understand that he is the Majority Leader in the US Senate. He’s the highest ranking official in the more prominent of the two houses of our federal legislature. Shouldn’t he be able to understand these issues? It is, after all, his job.
I answered Reid’s question by stating that Congress had violated the Ex Post Facto clauses. To which he responded that, no, they didn’t. Here we go again. Another member of our US Congress who doesn’t understand basic constitutional law. I’d give you a big “SURPISE!” here, but somehow a “ho-hum” feels more appropriate.
Ex Post Facto laws are governed by two clauses in the US Constitution: Art 1, § 9 and Art. 1 § 10. These clauses forbid Congress from passing retroactive legislation. Which is exactly what Congress was doing at the time I interviewed Reid, soon after he went on tirade about how evil AIG was for those bonuses. And before I asked him about this issue.
In 1798, in the case of Calder v Bull (3 US 386), the US Supreme Court ruled:
1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.
The Pandemic Is Upon Us
In recent years the constitutional ignorance, or bemoaning – take your pick – from elected officials has become much more common and mainstream.
I’m reminded of Pittsburgh Councilwoman, Tonya Payne, who last November gave a statement about an unconstitutional bill just passed by the Pittsburgh City Council requiring a citizen to report a stolen firearm within 24 hours or face a fine. She said:
“Who really cares about it being unconstitutional? This is what’s right to do.”
Damn that pesky piece of parchment!
While my citations here are just a few recent examples and center on Democratic officials, this problem is in no way unique to Democrats. Republicans are ‘almost‘ just as guilty.
When you ask a conservative to name a Republican who respects and adheres to the Constitution, you will likely get Newt Gingrich’s name. But I’ve been screaming at the top of my lungs for years to beware of this man. He is a fraud. Finally, some are starting to heed my warnings. My good friend Mark Levin is among them.
Gingrich defended William Jefferson (D-LA) when the FBI raided his congressional office. Jefferson is the guy who hid his bribe money in his freezer, took over rescue equipment after Hurricane Katrina so he could rescue his personal belongings, and was still promoted by Pelosi.
Gingrich said the FBI raid violated the Speech and Debate Clause of the Constitution. Gingrich would argue repeatedly on TV and radio that the FBI has no right to raid any congressional office … no matter the crime being investigated, simply because they were a part of the Executive Branch.
The Constitution disagrees with him, and so did the US Circuit Court of Appeals that ruled the search did not in fact violate the Constitution. The Supreme Court also had previously ruled that such a search is not unconstitutional, but Newt apparently couldn’t care less about either.
The Speech and Debate clause is found in Article I, Section 6, Clause 1 of the US Constitution, and it reads as follows:
“Sec. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House they shall not be questioned in any other Place.”
Jefferson was being investigated for a felony, and was eventually convicted.
In the case of Williamson v. United States (1908) the Supreme Court wrote:
“It is not asserted that it has ever been finally settled by this court that the constitutional privilege does not prohibit the arrest and punishment of a member of Congress for the commission of any criminal offense. The contention must rest, therefore, upon the assumption that the text of the Constitution so plainly excludes all criminal prosecutions from the privilege which that instrument accords a congressman as to cause the contrary assertion to be frivolous.”
Until the American people begin to hold their politicians accountable for their meandering ways, we are doomed to live out Lord Christopher Monckton’s eulogy for the United States. Lord Monckton was speaking about the UN Climate Change Treaty on Oct. 14, 2009 when he said:
“Thank you America. You WERE the beacon of freedom for the world. It is a privilege to merely stand on this soil of freedom while it is still free.”
You’ve heard the terms ‘faux’ and ‘pseudo’ conservative, but who are they … what are they? No doubt all of you conservatives out there have been the victims of bias in some form or another, and have been frustrated at the blatant lies about what conservative beliefs really are. You most likely share my frustration towards those around you who think they understand what conservatives stand for. Like me, you know they are almost always wrong about your beliefs. Yet the lies and ignorance continue to rear their ugly heads every time you listen to a liberal talk, write, or even sing about the evil conservatives.
In the speeches I’ve given I always try to address this point. I’ll ask everyone if they share my frustration about the falsehoods of what conservatives stand for, and they always say yes. Then I ask them what it is that conservatives really do stand for, and can they articulate that to those around them. Blank stares usually fill the room at this point.
When someone says conservatives hate the environment, children, the elderly, the poor, minorities, women, and homosexuals … how do you counter that? Do you even try to? These are the most common attacks against conservatives based on falsehoods. You should be able to explain them away, but so many of you don’t. How can people ever understand what conservatives stand for if you never tell them?
Next, I ask the audience to tell me what a conservative is. Amazingly, most of them can’t tell me. Conservatism is not like porn. There is no ‘I’ll know it when I see it’ element applied to it. Conservatism is real, and concrete in its values. There’s no room for interpretation of its core principles.
I’ve seen many attempts to explain what conservative beliefs are, but few actually address the core principles. Usually, they are both wrong anyway … because they are being explained by someone who isn’t a conservative. Sometimes they are way too philosophical in their attempt to explain what conservatives believe. This comes off as an overreaching attempt to seem dignified, and it ignores the core principles.
Unlike most other political philosophies, conservatism isn’t a religion. Nor do you have to be religious to be conservative. In fact, that’s one of the most incorrect myths of conservatism. Conservatives have core principles, and we do not support those who abandon them. But what are those core principles?
I will attempt to list those principles for you in this piece, and I’ll follow with some myth debunking as well. Please understand, I’m only attempting to list the core principles that are universal among conservatives. There are undoubtedly many other beliefs conservatives hold on their own as individuals … beliefs that most conservatives may share. Those beliefs, while common, are not core principles of being conservative, however.
Conservative Core Principles
Non-Invasive Government
When asked what conservatives believe, most will immediately say small government. However, they are using the improper wording. Conservatives believe in non-invasive government. Usually a non-invasive government is small in scope, but it’s not the size of government that conservatives harp against. A small government that happened to be invasive would be contrary to core conservative principles. Likewise, a large but non-invasive government that sticks to its proper functions wouldn’t violate conservative principles.
Strict Adherence To The United States Constitution
This is the most important principle of conservatism in the United States. There is nothing that ranks above adherence to the Constitution. So why did I list this second? The US Constitution sets up a non-invasive government. The fact that our government has become very invasive illustrates the greatest violation of our greatest core principle. Conservatives believe there is absolutely no negotiation when it comes to the Bill of Rights. The Bill of Rights are never to be touched, altered, or interpreted. Any other changes to the Constitution itself, or our laws, must be done in strict adherence to the Constitution itself.
Low Taxes
The enemies of conservatism (socialists, Marxists, and communists) constantly try to spin this issue to mean conservatives are against all taxes … not true. Conservatives believe taxes should only be enough to cover the founders’ stated function of our government. We are to keep the fruits of our labors. The average American (who pays taxes) loses nearly 50% of their income to taxation of some form. Conservatives understand the need for roads, defense, first responders, etc., but your hard earned money is going for new cars for members of congress. That is flat out theft. The more of your money you keep, the better you and your family can live.
Fair Taxes
Everyone in the United States should pay an equal portion of their income for taxes because everyone in the United States utilizes services paid for by taxes. To say that some should pay taxes while others do not is simply unfair, and blatant theft. Since we all partake in those services … we should all pay an equal portion of our salary for those services.
A Well-Funded Military
It always amuses me when people say conservatives are against all taxes, and then in the next breath deride the conservative for their support of the military. The military, in case you didn’t know, is funded via taxation. Conservatives believe the military to be extremely important for many reasons. We want to spare no expense to ensure our military is the best trained and equipped fighting force on this planet, but we also expect them to be good stewards of our money. Advanced technology is worth the money because it will ensure more of our men and women come home safely.
Personal Choice
This novel idea is inseparable from the valued conservative ideals … freedom and liberty. Conservatives believe you should have the right to choose openly … always. Don’t like your child’s school? Choose another. Don’t want a small fuel-efficient car? Choose another. Don’t like your utility company? Choose another. Don’t want to eat health food? Choose another. Don’t like your insurance company? Choose another. Limiting that choice is an affront to the basic principles of freedom and liberty. Our government has limited our choices. We can’t pick our child’s school. We can’t buy insurance from another state. The government is even trying to take away our choice to eat and drive what we want.
Personal Responsibility
Conservatism dictates that you are responsible for yourself and your family … no one else. No one else is responsible for you or your family either. If you want to eat, have shelter, drive a car, and buy nice things … you must work for them all by yourself. To expect someone else to provide for you is sloth, and theft.
Free Market Competition
This is paired with personal choice mentioned earlier. Aside from ensuring minimal safety standards, the government should have no influence in the free market system. If a company makes a product, we are free to choose to buy it or not. If we choose another company’s product over this one … then you didn’t compete well enough. The free market is an amazing thing. Conservatives understand that competition leads to advancement in quality, selection, and even better prices. If a company can’t compete, for whatever reason, they will go out of business. Conservatives believe that banks who don’t manage money as well as their competitors should not be saved. Same goes for car and mortgage companies.
Equal Opportunity
Conservatives believe every person is capable of equal greatness, and every person should be given equal opportunity to pursue that greatness. Every person, however, is not guaranteed that greatness. Allowing certain segments of the population to have extra assistance, benefits, and opportunities is not equal opportunity … it’s unequal, and usually biased. You should only be guaranteed an equal chance … not an equal result.
Personal Property Rights
Conservatives believe their property is … well … theirs. This shocking revelation that offends so easily nowadays is a founding principles of the United States. What you earn is yours, and you are not obligated to share with anyone else if you don’t wish to. Back in the day, when you owned your house … you owned your house. You purchased the land underneath it, built or purchased the home on top of your land, and then you owned it. You were free to do as you wished with your land and your home, and no one could take it away. Now, you buy the land, you buy the home, but it can be taken away from you if you don’t trim the bushes (on your land) well enough for some dweeb somewhere. If you own your home and land outright, it can still be taken away by the government if you don’t pay taxes on any service provided by the government. Conservatives believe if you own it … it’s yours. No one should be allowed to take it from you.
Personal Defense
Conservatives believe you have a right to protect your person, family, and property with force. If you shoot someone who is on your property stealing from you … you aren’t the bad guy. You didn’t seek an altercation, and you shouldn’t be required to rely upon other people to solve this problem. If anyone comes into your home, or assaults you, you should have the right to defend yourself with deadly force without prosecution.
Limited Welfare
Conservatives believe welfare is a temporary safety net for able-bodied workers. Conservatives believe in taking care of those that can’t take care of themselves, but able-bodied people should only have access to that safety net for a temporary period of time. Opinions on how to handle this problem are numerous among conservatives, but conservatives all agree that welfare should not be a perpetual benefit of not working.
The United States of America Is A Republic
While this may seem redundant to the strict adherence to the Constitution mentioned earlier … I felt it necessary to mention. Recently, in Texas, new curriculum was approved for schools. Democrats and liberals were furious over the fact that US Government classes would teach that the government of the United States was republic, not democratic. The US was, in fact, founded as a republic … which stands for equal representation and rule of law. A democratic government stands for majority rule without equal representation for those in the minority.
I believe those to be the absolute core principles of conservatism. As I said before, there are many other beliefs that conservatives tend to share, but I don’t think they are core principles for all conservatives. Conservatives may even disagree with the implementation of some of our core principles. For instance, there are differing views on how to limit welfare, and some conservatives do not believe that you should use deadly force against a burglar. All conservatives, however, agree that there needs to be limited welfare, and that you should have the right of self-defense. Disagreeing on some issues is natural, and should be met with open arms. It’s the core principles that are the concrete foundation of conservatism. You’ll never find a conservative without the principles I’ve listed here.
Unfortunately, many faux conservatives have taken up arms against true conservatives for not agreeing with them 100% of the time on issues beyond these core principles. A true conservative would never take that approach. This tactic has given aid to the enemies of conservatism (perhaps by design), and has perpetuated many myths of conservatism.
Conservatives face a great deal of myth about their beliefs every day. I’d like to take a moment and address some of them below.
Myths of Conservative Beliefs
Conservatives Hate The Poor
Nothing could be further from the truth. Conservatives fully believe in Lao Tzu’s quote “Give a man a fish and you feed him for a day. Teach him how to fish and you feed him for a lifetime.”
Asking the poor to pay their fare share for utilizing services is not hatred … it’s equality. Demanding the poor not pay for services they utilize, and asking others to pay for it instead is hatred and theft. Creating a system that makes it impossible, or at least undesirable, for the poor to better themselves is hatred and oppression. Motivating them to work harder, better themselves, and giving them the opportunity to advance is love. That’s the conservative’s view of the poor. How ironic conservatives are called the enemy of the poor while the poor redneck southern conservative is attacked for being poor.
Conservatives Hate Minorities
The most laughable claim of all. Conservatives opposed slavery, were willing to go to war to free the slaves, and they died doing so. Conservatives have been, and continue to be, the tip of the spear for minority rights. Conservative beliefs are all catered to benefit the poor and minorities. Lower taxes, less invasive government, equal opportunity, personal choice, free markets … what minority doesn’t want those things? Conservatives don’t believe in giving minorities benefits that others don’t get, and we don’t believe in separating them out into groups. Conservatism’s goal is to give minorities the tools to succeed on their own merit, because we believe they have merit. Telling a minority they can’t do it on their own without help is stating that you think they are inferior in some way. This simply isn’t true. Conservatives don’t even like the term minority … they are Americans. They deserve the same chance at success as everyone else, and like everyone else they deserve to have a temporary safety net if they fall.
Conservatives Are Religious
A lot of conservatives are, but not all of us. Many conservatives hold no faith. Religion is not a core principle of conservatism at all. In fact, sometimes they are at odds with one another, but never when it comes to the core principles. The religious right is just that … the religious right … not conservative. By religious right, I mean the fanatical religious zealots. Not the typical American of faith. The religious right is often at odds with the core conservative principles because they put their faith above the Constitution, and attempt to apply it to others who do not wish it.
Conservatives Are Against Abortion
The vast majority are, but it isn’t a core principle to believe that life begins at conception. Conservatives, however, do favor the science of life, and that science supports the pro-life movement in the vast majority of circumstances. Conservatives also tend to be supportive of abortion if the mother’s life is in danger. The pro-life crowd is typically not. Although medical science has all but eliminated the necessity to make that choice. With conservatives … they oppose the Roe v Wade Supreme Court ruling on abortion, and call for it to be overturned. Why? Not because they are pro-life, but because the ruling was unconstitutional and illegal.
Conservatives Hate The Environment
Yes, I know, conservatives really do hate clean water and air. Give me a break. If conservatives hate our environment being clean then why are conservatives always more clean than hippies? If you ask me, they seem to like things dirty, not us. Conservatives believe in the science in dealing with the environment. To date, the majority of the science does not support man-made global warming. There never has been a majority of scientists who did believe we were responsible for the now defunct warming trends. Conservatives support the cleanest form of mass energy on the planet … nuclear. We support high mileage cars. We just don’t want to give up our powerful engines and functionality to get a car that doesn’t fit our lifestyle because of a myth. We also wonder why Ford can’t sell its 62.5 mpg car in the US because of excessive taxes on its clean burning fuel. Does anyone really think a 50 mpg SUV wouldn’t sell in the US? Conservatives also tend to be outdoors people. The environmentalists always seem to be city-slickers. Who do you think is a better steward of the environment; someone who spend a good portion of their lives enjoying the outdoors and nature, or someone who rarely sets foot outdoors?
Conservatives Are Against Equal Pay For Women
Nonsense! In fact, the studies that show women make less than men always fail to factor in children, time off, and women leaving the workforce to tend to their family. If everything is 100% equal between a man and woman … meaning she won’t have any kids, and take time off for family … then the company should pay them both equally based on their performance. I have never met a conservative who thinks otherwise. The reality is, however, that women tend to have babies and take time out of the workforce. Therefore, she will not be as solid an asset to the company as a man would in many circumstances.
Conservatives Are The Enemy Of Children
Considering NAMBLA (North American Man Boy Love Association) is a liberal group, and conservatives tend to be the champions of family values … I find this amusing. Conservatives catch flak for being the enemy of children because of education funding mostly. We oppose wasteful spending on education that doesn’t work. We support reverting back to a system similar to the one we had before the Department of Education. A system that is universally recognized as being superior to our current system which has been in decline since its implementation. Conservatives actually support education of children more than anyone else, and we are willing to make changes to see our kids get the best education possible. Conservatives also support school choice, school competition, and schools having more control over their budget. All will improve a child’s education.
Conservatives Hate The Elderly
Sorry mom, dad, grandma, and grandpa … I guess conservatives hate you and want you to die. This has been in the playbook for decades to attack conservatives. It’s not rooted in any fact, and has no validity. Conservatism is the best friend of the elderly American. The most notable reason why is our core principle of personal choice. You should be able to choose your doctor and pharmacy … along with anything else. Opponents of conservatism don’t want seniors to have that choice. Conservative beliefs of personal property rights would protect seniors from losing their homes when they retire, and take a hit to their income. That, along with conservative low tax principles, would allow more money to remain in a retiree’s hands to do with as they see fit. Let’s not forget about a non-invasive government leaving them alone, and not telling them where they have to live or whether they can live at all.
Conservatives Are All Republican
Not even remotely close. Traditional Democrats are conservative as well, and Republicans are often not conservative. Republicans change their beliefs on a semi-frequent basis to draw votes. Conservatives always carry the core values with them. Just because the Republican Party most closely adheres to conservative values than the modern Democrat Party doesn’t mean they are one in the same. When conservatives accurately point out that the majority of Americans see themselves as conservative … they aren’t saying that the majority of Americans are Republican. Many Americans are conservative, but have no party allegiance.
