It may be oddly written, and I’ve learned that it’s not the best office-party icebreaker. But every Hoosier should read, understand and memorize Article I, Section 25 of the Indiana Constitution. It is short, unambiguous, and very, very important right now.
“No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”
What could these words mean, but that even legislation does not create authority; laws depend upon authority.
It’s not only the Indiana Constitution that expresses this. All throughout our constitutional republic, all political authority comes from our constitutions.
In other words, here in Indiana, as elsewhere under the Rule of Law established by our state and federal constitutions, politicians are not allowed to authorize themselves. All of their power is written into constitutions, or that power is denied.
Just as you mustn’t allow a bad dog to hold his own leash, we mustn’t allow politicians to “interpret” the constitutions that restrain them. “Legal precedent” and “case law” do not exist in our constitutions and have no legitimate power over constitutions. Therefore, for example, no federal official can interpret away any first amendment rights because federal authority over religion, speech, press, assembly and petition is very plainly prohibited (see the First Amendment to the US Constitution). All of our constitutions say this many times and in many ways; and constitutions were agreed upon and signed as solemn contracts (see the Virginia and Kentucky Resolutions of 1799).
Yet most politicians are routinely violating all of the laws that protect us from their historically demonstrated tendencies. They have thus abrogated their legal authority, and rule by force alone. Dick Cheney’s “nation of men, and not laws” is not just scary, it’s literally criminal. This affects you more than you’ve been told.
Perhaps the most every-daily-relevant example is in your wallet. State and federal constitutions mandate the use of gold and silver coin as money; and they’re clear that only our legislative assemblies have authority over this money.
But that’s not how your money works now. And the way your money works today, is to rob you right into your grave.
With all our record-breaking taxation, regulation and litigation, there is only one private enterprise in America that has never been regulated, audited, taxed or brought to justice. It is the so-called “Federal Reserve” Bank that’s been printing Monopoly money and charging you plenty for it since 1913. It’s not federal, there’s no reserve, and it’s most definitely unconstitutional!
Frustratingly, many of even my political friends and allies tell me that “we’re too far from the constitutions now; we can’t demand compliance.” But that’s like saying that once a criminal has done his deed, we, as a culture have failed, and that the criminal must therefore go free.
That is not sane. That is self-flagellating madness.
Others claim that this is a democracy (why minorities want majority rule is beyond me), and voters can choose anything – even self-destruction.
I concede that this is pretty much what is happening. But that’s both unconstitutional, and suicidal.
In each of my political races, and through all the years since 1995, I’ve proposed various plans to sunset all unconstitutional laws, agencies, powers and practices, and make the armed thug we call government go legit. That is the law, it is morally right, it is proven to work…
…and our current path has proven to fail every time.
The Russian Revolution dreamed of liberty, justice and equality for all, but produced Stalinist nightmares and social collapse. The French Revolution wielded the rhetoric but not the laws of our founders, so it was more about beheadings than freedom. Even our own nation’s not-so-distant history illustrates oppression, slavery, genocide and war. How can we think that now, with our government more powerful, secretive and intrusive than ever, we have put our ugly past behind us?
If you were to get curious and take the couple of hours necessary to read both the state and federal constitutions (yes, you really can read them without a federal judge telling you what they mean), you’d see that all of our biggest problems are unconstitutional.
Most taxation and government spending is unconstitutional. All military engagements since WWII have been unconstitutional. Pork, corruption, spiraling healthcare and education costs and tumbling dollars are all unconstitutional.
And every American constitution, both state and federal, codifies our right to alter or reform our government. The Texas constitution couldn’t be more clear that should the federal government break its side of the constitutional contract, then Texas is specifically free and sovereign. And that’s in the document’s very first paragraph.
You ought to read it!
Say what you will about our constitutions. Call them outdated, call them “agrarian.” But then read them. We have nothing better, and we’re headed toward a truly ancient and horrible default state without them.