Chad's Constitution Blog

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Ruth Bader Ginsburg’s Genitals Make Her Superior to You

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Last week, Justice Ruth Bader Ginsburg said that the male justices on the Supreme Court couldn’t truly understand the Hobby Lobby case because they aren’t women. That comment is insulting and condescending on its face. But if you apply a little common sense to it you can see just how bizarre this point of view actually is.

It is a basic principle of this country that we all have equal rights to life, liberty and property. The issues surrounding this mandate that employers cover all forms of contraception boil down to basic questions about our rights to liberty and property. What is it exactly that Ginsburg doesn’t think male justices can understand about the rights, liberty and property that we all share equally?

Ginsburg’s comment proves that she, like so many other Americans, has a fundamental misunderstanding about the nature of our rights. Our rights are a sacred part of our humanity and we should never allow them to be violated by government or anyone else. When your rights are violated you are being treated as something less than human.

But just as you should never allow your rights to be violated, you never have the right to violate the rights of another person. As I explained this weekend on TheBlaze Radio’s Chris Salcedo Show, that is the ultimate problem with this new-found “right” to employer-provided birth control:

Read more at TheBlaze… 

It’s Time to Disarm the Liberal Talking Point that the Second Amendment is Meant for Militia’s Only

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IMG_4061On Tuesday, I penned an article demonstrating that the Second Amendment protects the rights of individual citizens to own a firearm.

Now I will deal with another argument that is popular with gun control activists: The Second Amendment only protects the right to own a gun for militia-related uses.

In the recent District of Columbia v. Heller (2008) case, Justice Stephens spent a significant amount of time making that argument in his dissent. Justice Breyer wrote his own separate dissent in the Heller case and he summarized the claim this way:

[T]he Second Amendment protects militia-related, not self-defense-related, interests.

As we consider this argument, it doesn’t matter what gun control activists can twist the words of the amendment to mean. All that’s important is getting to the truth of what the Founders intended the Second Amendment to mean. What we need to do is figure out if it’s at all possible that people who believed what our Founders believed would ratify an amendment that only protected the right to use a firearm for militia-related purposes.

Read more at TheBlaze…

Gun Control Activists Are Trying to Disarm the American Public of Knowledge and Guns

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7605_1439508749633533_4362997724419886739_nIt’s no secret that there is an aggressive, never-ending effort in this country to destroy the Second Amendment.

Gun control activists know that they will never be able to reach their goals as long as the Second Amendment stands intact. But they also know that they don’t have a prayer of getting the level of support they need to repeal the Second Amendment.

Because of that, one of their favorite strategies for destroying your God-given right to self-defense is to convince the American people that the Second Amendment doesn’t mean what it very clearly says.

Instead, gun control activists will insist that the Founders never intended to protect the right for you or me to own a gun. Oh no! They will tell you that the Second Amendment only means that people who are in a militia are allowed to have guns.

You can find this argument all over the place now.

Read more at TheBlaze…

How to Understand the Commerce Clause in One Simple Sentence

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Have you ever wished someone would break down some of the more difficult clauses in the Constitution in a way that was easy to understand?

If so, buckle up because you’re about to learn a lot about the Commerce Clause.

The Commerce Clause is a critical part of the Constitution because it is a favorite of progressives who want to grow the size and power of government. For over a century now, it has been used to justify the federal government intruding into all kinds of local, and even personal, economic activity.

In fact, during the debate over Obamacare, some lawyers and judges even tried to claim that it was the Commerce Clause that somehow gave Congress the power to force you to buy health care.

A lot of people in the legal field will tell you that if you want to understand the Commerce Clause you have to spend a lot of time intensely studying it because it’s super-duper complicated. There is a grain of truth to that: it’s very difficult to figure out all the ways that the Supreme Court has distorted and abused this clause over the years.

But, as I explained this weekend on TheBlaze Radio’s Chris Salcedo Show, understanding the Founders’ original intent behind the Commerce Clause is very simple:

Read more at TheBlaze…

We Have Traded in Rule of Law for ‘Rule of Obama’

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The current surge of people entering this country illegally has gotten so far out of control in the last few weeks that it can no longer be ignored.

As we decide how we want to address this situation, we cannot be short-sighted and focus only on how to solve the problems we are facing today. Instead, we need to get back to basics and allow our fundamental principles to guide us. That is the only way we’ll be able to find solutions that will serve this country well into the future.

I know I say it a lot, but it’s true and it bears repeating: All men are created equal. We have to remember that American citizens are not naturally superior and we do not live on magical land that naturally produces freedom. The comfortable lives that we live in the United States are the exception in this world, not the rule. If we run this country the way impoverished countries around the world run theirs, we will get the results those other countries have always gotten.

The reason why the United States has been so successful is that we figured out what characteristics of government are necessary to protect freedom and we implemented them. At some point you’ve probably heard our success referred to as “American Exceptionalism.” Well, the source of that American Exceptionalism is our dedication to individual liberty and our commitment to defending the characteristics of government that protect it. As soon as we give those up, we cease to be exceptional.

As I mentioned in my radio segment this weekend (which you can hear every Saturday on TheBlaze Radio’s Chris Salcedo Show), the Founders told us very emphatically that there are a handful of principles that are arequirement for a free society:


Our government must maintain the separation of powers and the rule of law; otherwise the peaceful way of life that we are used to will be a thing of the past. Yet during this one crisis on the border, we are watching President Barack Obama destroy both of those principles.

Read more at TheBlaze…

Our Elected Officials Don’t Make Many Decisions – Nameless and Faceless Bureaucrats Do

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th-1Did you know that the federal government now has the authority to shut down any business it chooses, whenever it chooses? And once a business is shut down, it must remain closed until the federal government can get around to holding a hearing on its case. In effect, these businesses will be considered guilty until they are given an opportunity to prove themselves innocent.

Wouldn’t you have loved to hear the debate in Congress over a serious issue like this so you could see how your representatives justified such an extraordinarily dangerous growth in federal power?

Sadly, that wasn’t possible because this isn’t a law that was enacted by Congress. It’s a regulation created by an executive agency called the Consumer Financial Protection Bureau.

You read that correctly. The CFPB simply decided to grant itself this power. Wouldn’t it be great if you could grant yourself new powers like that at your job? The possibilities are endless!

“No worries, boss. I just granted myself the authority to search through your personal e-mails.”

What is important for every American to understand is that a large majority of the rules that dictate how you live your life are no longer passed by Congress. Instead, they are created by unelected bureaucrats in executive agencies. If you aren’t familiar with executive agencies, they are the seemingly endless list of bureaucracies that you read about in the news all the time like the Environmental Protection Agency and the Department of Health and Human Services.

The fact that these agencies are making rules that impact how you live your life may seem unconstitutional – and it is – but I will have to address that issue in a future post.

For now, let’s focus on whether or not this method of law-making is a good idea. Whenever I’ve seen anyone express concerns about executive agencies having the power to create regulations, the most common response I’ve seen is, “It’s not like these agencies are just making regulations on their own. Congress still has oversight!”

Read more at TheBlaze…

All Men Are Created Equal, Even IRS Bureaucrats

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All men are created equal, even Internal Revenue Service bureaucrats. It’s true!

Although, you never would’ve guessed that if you watched the hearings into the IRS scandal last week. These folks clearly believe that they are above the law and that they are entitled to special treatment. That has to change.

Our world was designed to work according to certain rules. What goes up must come down, seasons change, and so on. If we want to be successful in anything that we do, we need to understand those rules and work with them. Anytime that we try to fight against them we’re going to run into problems.

th-1For example, if a farmer decides to plant his crops at the end of summer because he’s convinced that the seasons won’t change, his harvest isn’t going to be very good that year.

The same is true when it comes to government. Our world was designed with certain rules for how human beings relate to each other. Perhaps the most important one of those rules is that all men are created equal. This concept is more than just a catchy phrase or an idea that we can all rally around. “All men are created equal” is a fact of life that should guide our decision-making and our actions.

Read more at TheBlaze…

Is federal funding more than just a bad policy decision?

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If you missed The Chris Salcedo Show last weekend you definitely missed an… interesting Constitution Revolution segment.  Here’s the clip:

In order to understand how our Constitution works, it’s important to realize that the states were supposed to play a central role in this country – part of that role was to be a check against the federal government.  I know it can be easy to blow off something as seemingly innocent at federal highway or education funding and say, “What’s the big deal?”  But remember, money like this always comes with strings attached.

It should be common sense that when you are dependent on someone else for your survival, you aren’t in a very good position to challenge that person’s authority over you.  Most of us saw this demonstrated in our own homes growing up.  Do you remember hearing the phrase, “As long as you live under my roof, you’ll live by my rules?”  Well the same thing is true when it comes to government.

The politicians in Washington aren’t giving this money to the states because they are super-generous and wonderful.  They are doing it because they want a certain level of control over the internal policies of the states who receive the money – and now they have it.

When the federal government sent its sternly worded letter to the state of Indiana, it was essentially saying, “As long as you live under my roof, you’ll live by my rules.”

This process of the federal government funding the states has made our states virtually irrelevant.  The politicians in Washington D.C. are able to drive a significant part of our domestic policy because the states are dependent on the federal government for money.  Now try to answer this question – what purpose do our states serve at this point?  They don’t to too much more than just implement federal policies.

That’s a very bad situation for you and me.  Remember, the states were supposed to play a major role in making sure that the federal government didn’t become too powerful and begin to take away your freedom.  But notice, as our federal government continues to grow at an increasingly fast pace not too many of our states are even making a peep about it.  They literally can’t afford to.

And all the while, more and more of your freedom is being destroyed.

Next weekend, make sure you don’t miss another awesome segment like this!  Check out The Chris Salcedo Show on TheBlaze Radio from 12 – 3 PM eastern.

Dear Conservatives, Stop Saying This

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We all know how pathetic it can look when people mindlessly parrot cliches without understanding what they truly believe. To see that in action, look no further than Occupy Wall Street:


When these folks just repeat their slogans about “corporate greed” and being “for the people” but can’t give a coherent explanation of what that means they look foolish and hurt their cause.

That’s why you and I, as defenders of the Constitution, have to make sure we’re better than that. Now before you freak out on me, relax. I’m not comparing you to the Occupy people, that was just an illustration.

With that said, as I travel around speaking I often hear well-intentioned conservatives and libertarians repeating cliches about the Constitution that just aren’t true. Recently I heard two conservative radio hosts who were discussing freedom of speech insist that:

The Founders put the First Amendment first because it was the most important. Clearly there was a design here.

That sounds fantastic. But as I explained last week on The Chris Salcedo Show, there are two slight problems with it. The Founding Fathers didn’t necessarily believe that the First Amendment was the most important… and it wasn’t first:

 

Read more at TheBlaze…

It’s Obama’s Country and We’re Just Living In It

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During the Constitutional Convention, Benjamin Franklin painted a great picture of the type of relationship that elected officials should have with the people of this country [emphasis in original]:

thIt seems to have been imagined by some that the returning to the mass of the people was degrading [our representatives.] This he thought was the contrary to the republican principles. In free governments the rulers are the servants, and the people their superiors & sovereigns. For the former therefore to return among the latter was not to degrade but to promote them – and it would be imposing an unreasonable burden on them, to keep them always in a State of servitude, and not allow them to become again one of the Masters.

What he’s saying here is, in this country, when you take an elected office you are not taking a step up to start ruling people. You are taking a step down to start serving them.

Unfortunately, most of our politicians believe that the exact opposite is true. The people running Washington, D.C. are convinced that they are in charge and the rest of us should just do what we’re told without asking any questions.

President Barack Obama perfectly illustrated this government-as-our-superiors mindset recently when he was commenting on the prisoner swap involving Sgt. Bowe Bergdahl. While defending his decision to make the swap he said:

“It was a unanimous decision among my principals in my government…”

Whoa… hold up there, chief. Your government?!

Read more at TheBlaze…

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