No, bureaucrats’ rules, court cases and precedents, are not laws…

The United States Constitution has a fine Preamble.  But the preamble is just a preamble.  The USA Constitution’s first words of actual law follow immediately after that one-sentence preamble.  This sentence is Article I, Section I:

remember“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

That one sentence says that only Congress can make federal laws.  In the context of the rest of the constitution, it very plainly says that no other person, group or entity whatsoever, can make federal laws.  Only Congress can make federal laws.  Nobody else gets any legislative powers at all.  None. Žádný.  Nada.  无. Zero.  कोई नहीं.

I have not emphasized that nearly as much as our founders did, but I will repeat it one more time: All legislative Powers are in Congress, and no federal legislative authority exists anywhere else.

Not in courts, not in Executive offices, not in bureaucracies, not in the UN.  Нигде.  Nowhere.  Πουθενά.  Nulle part.  In nessun luogo.  في أي مكان.

Is that pretty clear?

Well, no; apparently not.  Because while our busy bee US Congress does write too !@#$ many laws these days, they only write a few hundred per year.  Executives, by expansion of the once-reasonable “Executive Order” process, write what amount to at least scores of laws per year, and they execute them.  Judges, in very real effect, write and rewrite hundreds of laws per year.

However…

Bureaucrats, minding other people’s business from “Executive Agencies” actually write many thousands of “federal[i]” regulations per year…over THIRTY TIMES AS MANY rules as do the only people authorized to write federal laws at all.

It’s very bad that unelected bureaucrats write many times as many laws that directly affect you and me, as the three legitimate branches of government all put together.  But that misses the point.  The point, to remind you, is that ONLY CONGRESS IS SUPPOSED TO WRITE ANY FEDERAL LAWS AT ALL.

There is a reason for that.

Originally, by design, there were two species of congress people:

  1. US House Reps were numerous and up for rehire…or better yet, firing, every two years. Our founders actually expected they’d be more numerous per capita than today by far, and that We The People would pretty frequently fire them in favor of new, untainted representation.  These hundreds, or better yet, thousands of reps, were to be too numerous and temporary to build the fiefdoms and cliques we see today.  And this mass of representatives was to have tremendous power; more in most respects than any other part of federal government.
  2. US Senators were originally appointed by state legislators to be the representatives of state sovereignty. States, in the true meaning, are like Germany and Australia…sovereign governing units.  And this sovereignty was to be represented and protected in government.  Senators were to be few, and focused in their intention to limit the growth of centralized “federal” power.  That was killed with the 17th Amendment; and what used to be States are now more like administrative districts.  Even so, our founders would be horrified that we never fire these people.

So lawmaking was placed entirely into the hands of people who could be fired at regular intervals; or, as in the case of US Senators, immediately recalled!  And even though instead of just 535 we ought to have a few thousand lawmakers, it’s still a tiny number of lawmakers compared to the nearly 3 million bureaucrats in 70 federal agencies who’ve over time acquired varying degrees of legislative, executive and judicial powers in violation of Article I Section I, Article II Section I, and Article III, Section I.

By what is still constitutional design (the constitution has never been amended to allow what’s happening today), bad laws could be easily eliminated or nullified by hiring people who’d see the severed heads of former misbehaving congresscritters rolling out of DC, and write only those laws that actually served common interests.

But damn our foolishness!  We’ve come to believe it when judges say they’re all powerful.  And we certainly obey the various rules, regulations, laws and decrees excreted by the DHS, BLM, HHS, EPA, FDA, CIA, Etcia, et cetera, et cetera, et cetera…
Why?

Well, because nobody ever reads constitutions, that’s why.  Nobody knows their purpose and power.  And nobody wants to “rock the boat.”

Judges say that they and their courts are authorized by tradition, history, case law, and other BS.  They claim that Precedents have power, and that Judgments are law.  That’s not what the constitutions say; nor is it what our founders meant.  Not At All.

Bureaucrats say they’re just doing their jobs…that Congress and Presidents and Judges and gravity created their agencies, and that they’re just doing their best to fulfill their agency’s charter.  They don’t even know they’re violating our constitutions and everything reasonable.

Stop.  STOP!

Our nation is a lawless, ad hoc mess run by a few global crime cronies.  I intend to fire a shot against it in my meager way shortly.  But what we need is for people to develop for themselves a better vision of civil (domestic and global) life than what we’re doing to each other now.  We need to think about who’s been doing what to whom, and for what reasons, and think about whether we can sustain this self-destruction, let alone want to.

We do not have constitutional rule of law now.  We The People have voted that away.  But I’m certain that’s more ignorance than volition.  I wish we’d all take an hour or so to read this: https://wedeclare.files.wordpress.com/2013/02/the-united-states-constitution.pdf, and think…

Could you get even a dozen people to agree to a better plan for governing diverse people over a huge nation?  Do you trust our current crop of political cronies to rewrite a new plan?

The state and federal constitutions already belong to you.  You can invoke them to smash down all this corruption and destruction whenever you’re ready.

I’m asking you to get ready.  It’s time to fight the machine and finally make the American Dream come true…for everybody.

[i] We don’t have a federal government anymore.  It’s actually unitary now, and has been for almost a hundred years.  We no longer have “USA” states; we have only subunits of a central government.  Words mean something…we ought to know that while the words are still applied in rhetoric, they no longer apply in actual meaning.

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7 CommentsLeave a comment

  1. While I’m not stepping away from anything I said above, I was, in other posts around the internet, mistaken (badly/foolishly/unforgivably) on the details of Kim Davis’s case.
    Beshear did in fact nullify the KY constitutional amendment and statutory law subsequent to the earlier SCOTUS case, as was his constitutional authority. So Kim Davis was, in fact, in violation of constitutional law.
    I’d somehow forgotten Beshear’s actions (I apologize!), and I was reacting to only the recent court ruling against Davis herself.

  2. Excellent article, thanks. An Official exercising a power not delegated to them by the Constitution is a usurpation of power. There is no method to prevent usurpation, or to prevent a crime being committed by a free person. No law enforces itself. However, government usurpation, and corruption, continues only with the complicity of the House in Congress; House corruption continues only with the complicity of citizen Voters.

    Pursuance thereof in the following Article explains the Supreme Court decision in Marbury v Madison, anything repugnant to the Constitution is null.

    Article VI, Clause 2, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    The survival of this Republic is in the hands of the citizenry.

  3. Kim Davis committed the crime of usurpation.

  4. Good post, Andy!

  5. Peace, Andrew,
    you are correct; the federal government is completely out of its constitutional boundaries. We, The People, have allowed the elites to divide us by hyphens. We must unite and work together as Americans. Only then will we correct the unconstitutional overreach. We can return the federal government to its Article 1, Section 8 boundaries, IF we work together. That is why I need your support.

  6. That is correct, court cases and precedents are not laws.

    Seems to be a great misunderstanding about a law, a law does not enforce itself. A law does not prevent crime.

    The 1787 Constitution is the supreme Law of the land and it prevents neither a violation, nor a usurpation, of it.

    There are safe guards written the 1787 Constitution to prevent continuing usurpation. When those safe guards fail then citizens have the power to replace failed Lawmakers of the House in Congress every two years.

  7. […] for the moment that most of our laws are themselves illegal, corrupt, and promote corruption, there are two important aspects of human laws that we should NOT […]


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