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For 250 years this country has remained as free as one can be. Each citizen enjoys such liberty as freedom to speak their mind.
To pursue the happiness that is granted by their creator. As Americans we can freely roam the globe, and especially within the confines of our own borders we can come and go as we please. Although each state of residence offers unique observance of power that is granted and accepted by the constituents, in most cases their freedoms and privileges are held in reciprocity by the other states in the nation. That means that if you can drive a car here in New York you can freely do so following the rules of the road in all 50.
When reading the United States Constitution, which is a document based on the requests and affirmations laid out in the Declaration of Independence, it is quite simple to recognize that in many instances our state and local governments have exceeded the powers they were afforded under those key documents. Reading the text of these documents it was worded not with room for interpretation. The key elements of the documents were designed to be read and followed as verbatim. To say that any state government or any government inferior to the National government of the people for the people and by the people has the rights or privilege to restrict what has been codified some centuries ago is absurd.
One must accept that our form of government and its legal documents controlling our freedoms are penned in a manner to reflect rules for the government, not the people. Specifically spelling out just what each citizen has by way of rights and the most proper way of acknowledging those rights and how the government at all levels will protect them. The verbiage is in bold print. We have freedoms of speech, religion, assembly, as well as other additional liberty. Our Bill of Rights says we have the right to keep and bear arms for the purpose of defending our lives against a myriad of other infringements. The Amendment says nothing about hunting or any other reason for holding those weapons besides repelling tyrannical leaders or invasion of foreign armies. And the written rule never gave permission to any level of government to restrict or prohibit any part of that right. As a matter of fact, the ability of state governments to supersede the constitution was forbidden by the writings themselves. It also described the methods of those reserved powers afforded to the states to enhance the quality of life as each state saw fit. When certain states tried to work around the constitution, it was quickly quelled and other rules were amended in the constitution to block the state’s efforts. An example of this was when certain states wanted to apply tariffs to citizens of other states when they attempted commerce or even travel through one of the others.
Overseeing the validity of the laws and rules created by congress or even telling a state that they had overstepped their boundaries, is the Supreme Court. Its original business was to check and balance the other two branches of government to ensure that explicitly the Bill of Rights was not being misinterpreted. They were instructed by the rules to read the law as it was written. Establish whether the law was meeting the validity of the constitutional sentiment. If it was in abuse of the individual freedoms of the people, it would be struck down, and it must be removed from the document. The court and its future circuits were to weigh in on a more local level when it was believed that citizens' rights under the constitution were being violated. This led to many bench raising decisions where laws were changed to protect the rights of individuals pertaining to how they were treated. An example being the decision of Miranda vs Arizona, which outlined a suspect’s ability to incriminate themselves without warning. This decision changed the way police departments investigate and prosecution of criminals was made. However, in more modern times, the court has been used to filibuster specific points of law. It has left many concerned with realization that the court no longer served as the keepers of justice and in some cases fulfilled the desires of controlling political parties. Others questioned that possibly the Supreme Court was attempting to enact law by decisions of specific cases.
None of this current rhetoric is established in the law, and those powers have never been granted to the court. Their job has always been to take one’s objection to an interpretation, apply it with reason and common sense to the law as it is written and form an opinion as to if it violates rights within the law or not. The caseload should not be so heavy that the court of multiple justices can't easily complete it in a single year.
Many speculate that the Supreme Court is mired with many filings designed to backlog the court on purpose. Some believe the cases are unnecessary and should have been dealt with in a different manner, such as the other branches of government following the rules as written. And even more just feel the court is defining themselves as a superior branch.
Of all the talk about our system of justice, the one thing that should remain constant, the court should be bound by justice and should deploy it with a backbone of laws that fit verbatim not interpreted and with personal or public opinion.
When followed by the written word, our government could operate in a flawless unique fashion where every citizen gets to observe his god given and Bill of rights. If the laws were followed by each level of government and all the people, such issues of the infiltration of communism and the election of borderline citizens, who despise the USA, would not occur. Because the oath taken over the bible of their choice would demand allegiance to our flag and our country and its form of government.
Such talk of fascism and changes of our form of government would be nil. By following our constitution and applying it to everyone would root out the evils that attempt to gain control in our country. It would reignite the patriotism of a land and its people who saw that personal freedoms to live, work, play and pray would provide the perfect harmony amongst men and women. It would ensure that each representative who swears that oath upon office is prepared to represent their fellow citizens under the laws we have created both now and hundreds of years ago. As those representatives they would believe collectively that our government is the perfect form and offers the greatest liberty to each individual no matter what their station.
Of the newest of topics to add fuel to an already strong burning feud amongst our congressional people is the definition of citizenship in the USA. One side is in favor of immediate allowance of immigrants and those seeking exile and the opposite side wants more control over the five W's of immigration and border control. The most current is the rules pertaining to birth right citizenship. During earlier times when the country definitely needed to grow with population the idea of anyone born of citizens, or on the soil of our country, would enjoy automatic immediate citizenship. This rule cut out a lot of would-be red tape in a person claiming to be American and extended many privileges that were reserved for only those with how they say American Blood. The main privilege extended to these people is for them to seek the office of President of the United States if in fact they are over 35 years old. There isn't much else that is given as privilege over other naturalized citizens. When these laws were written, they were designed to prevent the reclaiming of our government by other countries or regimes that would not follow the current plan. The founding fathers were worried that England may in a grievous way attempt to install a popular leader to head the government and change it back to English rules. That intent was so written into the rule of law and can be verified verbatim. It also acknowledges that those citizens claiming birth rights must remain under the jurisdiction of the country's laws. This is one of the oldest rules within the constitution and should be upheld. Many feel that the rule is given way to additional fraudulent or undeserved privileges from the government. If the majority feel that changes need to be made to deter potential illegal or abusive behavior then it should be written into law and follow the procedures outlined in the constitution.
Many of our laws and ways of government follow the same ideology. And when reading them it is so inscribed. The founding fathers were Christian men who believed in the virtues of that religion and so fairness was written into every law and every acknowledged righteous amendment. It was spelled out so anyone with common sense and basic reading skills could understand its meanings and no interpretation was needed to observe what it described. No additional scholar was required to explain it to the people.
How far have we come since those days when quill and parchment were put together to form a government. Who would have imagined that legal eagles would look between every word and every letter for a loophole into what the mindset was of the original author of each law. And truly what good has that accomplished? It has caused infighting between colleagues who are supposed to be managing our national funds and providing a national defense. It has allowed criminals and fraudsters to muck the waters of clear thinking about many governmental projects. It has allowed foreign governments to enter our country and create dissention amongst us through espionage or by gaining political controls or lobby. And worst of all it has put neighbor against neighbors with feelings of immoral hatred.
We all know the best answer to restoring the strength and unity of the most powerful nation in the world. Words like cooperation, partisanship and patriotism come to mind. Someone once said, patriotism is the love of your country. To truly love this land, one must first know about it. They must then believe in it. Then they stand ready with the proper tools to defend it. One of those tools, probably the most important in this nation, is understanding the constitution. That really isn't hard to do. Copies of it are everywhere. All libraries, school history books, veterans clubs, houses of government, and even the internet will have the real deal. Once one opens the pages and reads the text, they will find that no figuring out what they meant is needed. It is all written in a basic way, spelling out each portion for one to comprehend, and then follow. And God willing if we all come to rest on the same page, we can recreate the ideas of an everlasting government. We can become the staunch patriots needed to save America. And wouldn't that be something on its 250th Anniversary.
I love this country! I've lived in others and they cannot compare. My question then emerges, Do you?
Kirk L. Miller is past commander of the Chautauqua County American Legion, 8th District Department of New York.