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Friday, June 29, 2012

The Struggle Has Not Changed

After much consideration and further reading I think it important to put the SCOTUS decision in some perspective. Contributing to my further assessment were Kerodin's Post and the one over at Zion's Trumpet.

Something of which I was aware, but did not illuminate in the first post on the subject, was the good done by the Roberts opinion. Yes, good. The reason I did not reflect it was to avoid the overall contradiction between the way the decision will be understood by the masses and the way it will be understood by constitutional scholars. These are two very different cats. The scholar looks at the Constitution as devined by the brilliance of previous jurists and their rulings become a composite of situational rights, often called judicial review.

So, there are two ways to look at the SCOTUS decision: one from a layman's point of view focusing on what has been done to their rights and what further limitations and penalties they face as a result of the ruling; the other is from a Constitutional scholar's point of view which looks at each ruling as another layer of definition of those rights and when they might be exercised or dismissed.

I did not go into the minute detail of the ruling because it simply does not matter. A tyrannical force bent on submission of the people uses the Constitution where it greases the skids and ignores it where does not. I have not seen in either Republican or Democratic administrations any difference on that plane. The Patriot Act hated and reviled by the leftists was no less a burden and intrusion into the rights of the citizen than the Affordable Care Act that they applaud. Vice versa the Republicans. Each will, or have, come to hate each ruling when it is turned against them.

The Roberts opinion does a few good things from a scholar's point of view, it rejects the Constitutionality of the mandate as a penalty, but upholds it as a tax. That is important for purely political reasons that will become clear as time goes on, i.e. repeal. It strengthens the 10th Amendment from the position that while a state might refuse to apply the law, only the funds to enact the law can be withheld from that state, all current funding must stay in place.

From a layman's point of view the ruling is disasterous as it puts in play all of the restrictions, demands and taxes that were inherent in the law to begin with. The people don't care if the penalty is a tax or not. They should, but they don't. Businesses have to now pare down their workforce to fall under the restrictions, because these businesses do not have the capital to pay for the healthcare, or to fight for waivers. Larger corporations will be able to fight for the waivers, or threaten to end their purchases of healthcare for its employees, who will be able to get their own healthcare via the government, or private providers. Look for healthcare supplements to incomes, but for much fewer jobs.

There are still many ways to fight Obamacare and win, but that is lost on a people who suddenly have their lives and understanding of the laws thrown into chaos.

I did not go into this detail before, because I hold that it simply doesn't matter. We are not at a place in this nation where everything stops due to any ruling by the Supreme Court. The tyranny pushes forward regardless of ruling, of rights or of reason. When "Congress shall make no law" means there are exceptions to that vague terminology and where "must not be infringed" means mostly not, but sometimes, where we agree that it should, all is lost to begin with.

We still have no friend on the Supreme Court. They do not work for us. There is no reliable champion to our rights, but us and the lengths to which we will go to secure them.

The second post I cited above is the one that led me to this revision of my previous post at TL In Exile. This is not a fight between Republican and Democrat. This is not a fight between Conservative and Liberal. The only fight taking place is between those who believe that our rights are given to us by God and those who believe they are given to us as priviledges from government.

The atheist can recognize common law and natural law if it makes them feel better about avoiding the religious connotations of God, but it does not change their side in the struggle. The Constitution is an expression of our rights as given to us by a creator. What is unconstitutional is that which takes the view that these rights are given to us by a benevolent government. One is absolute and the other is conditional upon obedience, but make no mistake, both are conditional upon behavior.

16 comments:

  1. The tyrany pushes forward, indeed!

    Both posts are superb and may 'borrow' for later re-pots on PC, with a link back to here, of course! If the pain demons can beaten back by my stubborness and a bit of help from Uncle Ezra.

    Statists and progressive agendas MUST be defeated even if it takes a 2nd revolution!

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  2. As I mentioned, after reading everything, I go with the one below.

    Did Roberts Give in to Obama's Bullying?
    http://freenorthcarolina.blogspot.com/2012/06/did-roberts-give-in-to-obamas-bullying.html

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  3. Mr D,

    As you and Mr. Kerodin and others appear to justify Roberts' Yea vote, if appears to me if he had voted "Nea" we wouldn't be having this discussion right now.

    Roberts is no less a piece of garbage than any other bastard wearing a judicial robe. If Roberts and the other Marxist had voted "Nea" we wouldn't be saying goodbye to the Republic. Quit making excuses for Roberts. He a damn lawyer to begin with and he wears a black robe. May he and the other eight die an excruciating death.

    DAN III
    Pennsylvania

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    1. No, I think I have been pretty clear in the past about the hostility of the court to our rights. I expected them to rule against it and the big news of the day to be the Holder contempt vote. That they didn't do what seemed obvious to so many is the reason for this discussion. They would not have redeemed all of their past sins by doing what was right once out of a hundred times.

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    2. Mr. D,

      I'm not refering to rulings of the past. I'm refering to this latest, current ruling of SCOTUS for obamacare. There is nothing good about Roberts joining with the other Marxists. A scholar's vs layman's view of this ruling is nothing but talking points. The fact of the matter is the usurper soetoro-obama's attack on Americans was upheld as "constitutional". This ruling coming from the same nine traitors who refused to hear more than 40 lawsuits filed at SCOTUS challenging, under Article II, Section I, the illegal Indonesian/Kenyan's legitimacy to be POTUS.

      Why waste any more time and bytes on this ruling and SCOTUS ?

      DAN III
      Pennsylvania

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    3. Dan, I think the title says it all then, doesn't it?

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    4. Mr. D,

      The title of your essay is spot on !

      DAN IIO
      Pennsylvania

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  4. I am sorry this is so long. I hope it is worthy...

    It is a relief to know now that there is no savings grace within my government towards Liberty.
    This fact defines things perfectly.
    Rule of Law, hence everything that was a function of it, Liberty, Prosperity, The Pursuit of Happiness, Freedom of Faith, un-infringed right to defense through arms, freedom of expression, such as these words I wright, all and more so precious, are threats in and of themselves to the ruling class. Taken as a whole, we all know now, they are anathema to this tyranny. These wonderful things that comprise Liberty are threats of the highest order to the new order of rule of men. How could it be otherwise? Without these gifts of freedom, men rule with absolute power. Is it not so through recorded history?

    As a caveat to that, have to point out the only recourse through representation that can be successful if the spineless bastards in the house miraculously find the principles and courage, an obviously infinitesimal chance, the house of representatives pulls the plug on funding all these crazy tyrannical unaccountable departments of the federal government, and or the states begin to revolt over the rule of the regime in Washington.

    Fat fucking chance. They where scared shitless to vote articles of contempt against that criminal worm Holder. The balless son of a bitches. True to form they waffled and prevaricated for a year over the high crimes of treason and murders of hundreds, using minutae, stonewalling, and procedural claptrap to avoid the truth and duty.
    No principles.

    In no uncertain terms we are at a juncture where those who make peaceful redress of wrongs against the sovereignty and Liberty of American's impossible, they make violent revolution inevitable.
    This SCOTUS "ruling", or correctly this abdication, of duty of principles of rule of law, and preservation of Liberty to the ruling regime backs every person in this Republic into a corner. There is no way out of this pickle except to fight ones way out, or die fighting. It is coming.

    As proof positive of this I think it is safe to contend in every instance, this leviathan of tyranny we got never backs down, it never ventures forwards towards Liberty, it never relinquishes its grip on power. This abdication is a giant leap of establishing its iron fist, clothed in a velvet manacle of soothing serfdom. Always with the duality of for our good, but never is the truth of things that it is a smokescreen of the dead evil opposite.

    I'm tired of remaining a law abiding citizen of principles and morals based on my respect for that rule of law, with the threat and application of ultimate brute force if I refuse to comply to things not of that rule of law, but a ruse of power under the guise of lawfulness. Bullshit! My servitude for the sake of the misery violent redress will bring, in order to preserve my part in a civil society, even to this, to this totalitarianism, is thread bare...

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  5. ...The worst part of all this is not so much the act of tyranny itself in this judicial sycophants edict of the courts, but I am once again being forced against my will to do the wrong thing, when the right thing has just become that much more threatening, that much more, by orders of magnitude, the inherent existential greatest threat to these tyrants and their power.
    The court did not protect my most basic Liberty, the Liberty of the health of the house of my soul. It went even further. Legitimized through its incalculable power as stewards of precious rule of law, gave the dictator and his minions a fig leaf of the most deceitful kind, the appearance, the deception of rightful power unto beings who with malice and forethought would crush me like a bug if the courts would give them outright that power too. Where is the differences between what SCOTUS enabled, and absolute power?

    Any savings grace evaporated that day.

    I hope in the near future, the lords prayer, "for there I go but for the grace of God", is my and my fellow Patriots savings grace.
    We are gonna need all the help we can get before this is over.

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  6. TL,
    You ask us readers frequently, ask the world really, what will it take to abolish our tormentors and redress their tyranny?

    It is a most worthy query. Almost a thing that doesn't require asking, but absolutely has to be asked. Might be because we all have our tipping points, or being a nation of more or less individuals who regardless enjoy Liberty to some degree, for now, however trampled and increasingly diminished it is become. It may be something some dread but know in their bones it must come to pass, this Rubicon, or live in shame and slavery. Some may relish the time of revolt if it comes. Some are waiting for something, some sign or portent. Some may at least at this point, believe a reckoning is due, but it's path is still through peaceful redress, politically and culturally, something upstream from tyranny.
    Whatever, this turning point is still something collectively nebulous. That does not diminish the potential latent within so many of us of this grand Republic, that there is a point where multitudes begin to coalesce into the movement on a higher plane, a consciousness that defines a sea change of redress that no subterfuge and outflanking of the rule of law and intent of Liberty the founding documents assure is ours if we only choose the path to it.
    Yet the crux of the matter comes down to what we as individuals are made of.
    Liberty is a funny thing. Each of us see it in our own relative terms. That is human nature I think.

    The turning point, tipping point, paradigm, whatever one calls it, requires an awakening, an event that stirs the mind to choose what is it going to be? A catalyst. Where the abusive power of the government and it's apparatchiks are seen, realized for what they are beneath the veneer of officialdom, tin gods, grifters and useless potentates, crooks liars and thieves, pikers and sociopaths who could never survive on their merits outside a self aggrandizing system, the dishonest nature of their true hearts, whose underlying motives are constituted in corruption, not just for self enrichment, but as elitists who game and manipulate a system rigged to a culture of corruption corrupted to serve them and their like kind.
    How can one revolt and redress these wrongs if one is not aware of how rotten and decayed, how far removed from principles of republican form of representative government it has all become?

    Be that as it may, right or wrong my perception, the truth is people can suffer fools and wrongs against them to a high degree before standing their ground. That don't mean we are a nation of complete sheep and useful dupes. Of no worth or capable of throwing off the shackles of tyranny.

    Thomas Jefferson was nobodies fool:

    "... accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed."

    "Sufferable" is the key word here.

    I think, I hope, I place faith in the event that changes everything, is something nobody with foresight could guess is the point where tolerance, for the bullshit the elites foist on us, is toast...

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  7. ...Tyrants and tyranny, by it's very nature, are their own worst enemy. I'm content in the idea that by their own corrupt hand, they will force the issue of redress with a bone in it's teeth. I think too, cool heads prevail. No matter what, no matter how much of an accounting, revenge, redress one wants, it is our wits and our principles, our honor and duty, our morality and immortality that save the day, guide us in the time of need when it counts for everything.
    A republic of sovereign people of Liberty, once awakened and unleashed, is a foe so terrible, that nothing or nobody can stand in it's way, that it will not be denied.
    Those who choose to ignore our founding, do so at their peril.
    After all, we where born into Liberty. It is something very many know and understand. It is tribal in it's own way. It is undergoing a gestalt, the rebirth of which is the dynamic that changes everything.
    As stated so eloquently and succinctly, bluntly, by someone who grasps the crux of this thing called Liberty:

    "It is not ours to restore the power of the Constitution. It is ours to show them the wrath of America without the protections the Constitution offers them.

    Let them restore it to find refuge from us.– TL Davis

    I suspect the pent up disgust, the suffered insults to our sovereignty, the contempt for our will and reason, the wholesale blatant wild robbery of our inherent prosperity, the elitist disdain for what is referred to as bitter common serfs who cling to their muskets, their books of faith, their traditions of rule of law and principles of personal liberty and happiness, this is where the day of reckoning will be born, and wrath justified beyond question it will be.

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  8. "As proof positive of this I think it is safe to contend in every instance, this leviathan of tyranny we got never backs down, it never ventures forwards towards Liberty, it never relinquishes its grip on power. This abdication is a giant leap of establishing its iron fist, clothed in a velvet manacle of soothing serfdom."

    Good stuff. Here, let me reword this in generic form...

    "A thing is what it is."

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    1. Well Jim, I was trying to be polite. Time to call a cat a cat.

      It was the last chance of redemption. There ain't no going back. We got sold down the fucking river by 6 psychopaths in black robes.

      It was the last straw for me.
      I have had enough.

      Fuck em all.

      I got my duty and my honor.
      My Liberty to fight for.

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  9. There has been very little coverage of the dissenting opinion and their reasoning why this legislation is unConstitutional. I have put the highlights of the ruling in an article and the link to the complete dissenting opinion. Interesting point: the dissenting opinion was the majority opinion until Roberts switched sides.
    http://ncrenegade.com/editorial/when-dissent-failed/

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    1. Yet the whole point of constitutionality now is it is a moot point.
      There is no question of this point any longer.
      The dissent is worthless.
      The majority of the elites have decided. 230 million people have no say. None. Zilch.
      I am part of that 230 million.
      What power these thugs believe they have!
      Who the fuck do they think they are?

      To add insult to the tyranny, they have decided to sic the IRS on folks who fail to follow this edict. If no one has figured it out yet, we just got our arses handed to us, and it will take a gun battle with agents of the federal government, who incidentally have just recently purchased 8 million rounds of 40 caliber pistol ammunition, to keep ones ass from being dragged off to a jail cell for not complying. It has become a fucking crime!? For not buying health insurance?! Then one is up for a myriad of "offences", punishable by imprisonment, or maybe worse. Again, all because one refuses to buy mandated health insurance, or refuses to pay a fine, excuse me, a "tax", for failing to do so.
      Where does this catch 22 end?
      It doesn't.
      It is that simple.

      Like the rest of our government. the dissent is worthless, it is meaningless to me. There is nothing in any of this that protects my Liberty, or my sovereign entity.

      It was, is, tyranny in, tyranny out.

      As you wrote Mr. DeGerolamo,

      "...the government has abandoned the Constitution and we are living in a country where the rule of law is dictated by the political whims of vain and aspiring men."

      Damn straight it has. That is an awful nice way of describing a bunch of treasonous motherfuckers if you want my perspective.

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