“We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity, do hereby establish this Constitution of the United States of America.”
This basic idea has many applications in our modern world and is not outdated:
“ESTABLISH JUSTICE”
ESTABLISHING JUSTICE is an important part of the Constitution, but we believe that has largely been accomplished generally through the passage and the general recognition of the importance of the 1st, 4th , 5th ,13th and 14th Amendments and (with some exceptions). We recognize and fully support the intense enforcement of these Amendments (especially, at this time the 1st and the 5th Amendments which guarantee freedom of speech and property and due process of law.)
“PROVIDING FOR THE COMMON DEFENSE”
NATIONAL DEFENSE: The people individually or even locally cannot stand up to foreign nations or groups by themselves. Therefore we join together as communities and as States and as a nation to jointly “provide for the common defense.” and to “secure the blessings of Liberty for ourselves and our posterity.” This includes the oppression of those who would use force and violence to oppress and injure us as individuals on the local level and on the state level, and those who would seek to invade our borders and to destroy our freedom and culture on a national level.
DOMESTIC DEFENSE OF EACH INDIVIDUAL: Without in any way limiting the right of individuals to defend themselves -- including the right of individuals to bear arms as provided for under the 2nd amendment of the U.S. Constitution -- It is the primary duty of government (under the social contract that justifies the very existence of government) to protect and defend the people who have put themselves under that government.
DEFENDING THE UNBORN: It is especially true that a society can be measured by how well we protect those who cannot protect themselves, and this includes not only the maimed and disabled but especially the defenseless unborn baby. We therefore hold that the killing of an unborn baby is just as much murder as the killing of any other human being and government has just as much the duty to protect the unborn as it does small children, the disabled, and the truly mentally ill.
DEFENDING SOCIETY AS A WHOLE AGAINST VIOLENCE: In this same regard, we hold that society, acting under government, has the right and in appropriate cases to defend itself by removing those who would attack members of the society over which the government presides from that society. Furthermore, where the accused is found guilty (after having been given full due process of law) of violent attacks resulting in death against people in that society then government has the right to protect itself and its people by removing the offender by execution.
DEFENDING THE PUBLIC HEALTH: A general defense against epidemics, pandemics and poisoned or rotten food distributed throughout the society generally is just as much a function of government as a defense against a violent and dictatorial enemy, but it is an invasion of personal freedom and an unnecessary expansion of government for government to be involved in strictly personal medical matters that do not otherwise specifically present a threat to society at large
“PROMOTING THE GENERAL WELFARE”
DEFINITION OF “GENERAL WELFARE: “General welfare” includes two words, not just one. Thus in order for a matter to come under the Constitution, welfare (FROM THE FEDERAL GOVERNMENT) must be something that positively effects general society, and cannot be something that can be provided by the State or local governments or individual people or groups of people. General Welfare epitomized in the Constitution by controls over free interstate commerce and the following:
TRANSPORTATION: We could not have the transportation system that allows us to travel and to communicate the way we do on an individual basis, or commercially without, when necessary, government use of eminent domain to obtain the necessary rights of way and property for the common good of all of the people. This is a legitimate governmental function that “promotes the general welfare” for ALL OF THE PEOPLE. In addition, where the people, through government, build public roads, the people through government, as owners of those roads have the right to place restrictions and regulations on the use of said roads provided those restrictions and regulations are required for safety on the highways and interstate transportation.
LIMITATIONS ON EMINENT DOMAIN: On the other hand, government does NOT have the right or power to impinge upon the property rights of individuals and businesses owned by individuals to simply advance the economic or philosophical interests of other people or businesses (or to raise money for government). Eminent Domain may not be taken from one citizen to give to another citizen. AND (as required by the 5th and 14th Amendments) wherever eminent domain is used by government, FULL AND FAIR value for the property so taken must be paid to the individuals or businesses from whom the property is taken.
EDUCATION: It is important for the general welfare of ALL OF THE PEOPLE that all the people have a chance for a basic education. The provision of this educational opportunity is a legitimate function of government, but the government does not have the obligation to advanced degrees to every individual who thinks they want one when individuals can do this on their own. Furthermore, it is not a governmental function to direct where the individual should seek their education, or what directions they should take in seeking their education. This includes the rights of parents to decide where, what, and by whom their children will be educated, including home schooling. Furthermore, governmental power to educate children, not being mentioned in the Constitution, is not a function of the Federal Government, but only of State & local governments.
PUBLIC RECORDS: Public records cannot be kept by individuals, and yet they must be kept. Therefore, it is a legitimate, function of Government to have a place and agency to keep public records while guaranteeing their accessibility.
“SECURING THE BLESSINGS OF LIBERTY”
FOR OURSELVES: with all of this, we believe that the government is not expected to, and may not legitimately prevent, individuals from providing any of these matters for themselves to the extent that they are able to do so without endangering the public at large, nor does government have the power or right to make choices for individual adults which affect that individual alone and does not endanger society or other individuals. In addition, voters and government officials must know that the people must always have the right and the power to defend themselves against any government that violates their social con-tract by taking our freedom and liberties and replacing them with intimidation, governmentally inspired fear, & extortion (such as we are seeing today).
FOR OUR POSTERITY: We believe that with the unbelievable increase in national indebtedness, the present Administration and Government have put on our nation, we are burdening our posterity with totally inappropriate debt and real taxation without representation. In fact everything that is occurring in our government today in domestic policy will have the effect of denying liberty and justice to our posterity in complete violation of our most basic rule of law--our constitution.
Thus we believe:
THE RIGHT TO BEAR ARMS: We believe that in order to being able to prevent the government from taking more of our freedoms than it may legitimately do without breaching the blessings of liberty for ourselves and our posterity, and in order to protect ourselves when we or our families are violently attacked we must always have and preserve the right of the law abiding individuals to own and bear arms (as individuals) as provided by the State and National Constitutions.
PROTECTION OF THE RIGHT TO ELECT OUR GOVERNING OFFICIALS: We believe that VOTING IS A RIGHT OF CITIZENSHIP AND citizens have the right to cast votes based on true and understood information for those who seek to carry out the functions of government, and that all citizens also have the right not to have their votes diluted by illiterate and/or fraudulent votes, not cast by individuals choosing who they want to represent them, but by special interest groups claiming to represent members whose individual ideas they do not solicit or respect.
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“HOW DO WE DO THIS?”
IN THE SPIRIT OF LIMITED GOVERNMENT, FOLLOWING THE FOUNDATION DOCUMENTS OF THE UNITED STATES, WE BELIEVE THAT THE VOTING PUBLIC AND ALL ELECTED OFFICIALS NEED TO KNOW THAT NO NEW GOVERNMENTAL PROGRAM, OR TAX, OR LAW SHOULD BE PUT IN PLACE WITHOUT CAREFUL CONSIDERATION OF EACH OF THE FOLLOWING:
(In the case of any proposed Federal legislation) Is it allowed under the Constitution & specifically under the 10th Amendment thereto?
Is there truly a definite & strong need for the passing of such a bill or tax or the emplacement of such a program?
If there be such a need, what are the costs (both in terms of lost money and in terms of limiting freedom) of such a program, bill or tax and are those costs less than the benefits derived by the passage of the new program, tax or bill?
What will be any & all unintended consequences of the passage of any such program, bill, or tax and would or would not those unintended consequences cause more harm than we would have without the passage of such program, bill or tax in the terms of money, liberty or other legitimate governmental activity?
IF AN EDUCATED ANALYSIS OF THE NEW PROGRAM, BILL OR TAX INDICATES ANY OF THE ABOVE ISSUES IS VIOLATED THEN AN EDUCATED GOVERNMENTAL OFFICIAL MUST KNOW THAT PROGRAM, BILL OR TAX SHOULD NOT BE PASSED & REFUSE TO SUPPORT THE SAME. They should also know that supporting any such bill or program a fortiorari (in and of itself) a violation of their oaths of office. We believe that is what is happening in most cases today.
In addition to the above we hold, that as an agent of the people, governmental officials know that, to extent that it is within their power, they have the absolute duty to be good stewards of the moneys government collects and the powers it receives. They need to understand that Good government is not arrogant or overbearing. They need to understand that Good government is made up of popularly elected representatives who do not separate themselves from, or consider themselves above the people. They need to understand that Good government does not limit individual freedom any more than is absolutely necessary to carry out legitimate governmental functions. AND They need to understand that, Good government does and may not legitimately tax the people anymore than is absolutely necessary to carry out its strictly legitimate functions. Finally, Good government has a duty to see that it does not waste or give away to others (except under contract for goods or services or other things of value actually needed and received on behalf of all the people) the resources that it takes from the people. UNFORTUNATELY, MANY VOTERS AND GOVERNMENT OFFICIALS NEED SIGNIFICANT EDUCATION IN REGARD TO THESE CONCEPTS OF LIMITED REPRESENTATIVE GOVERNMENT AND THEIR IMPORTANCE TO THE CONTINUANCE OF OUR REPUBLIC AND OUR LIBERTIES AS AMERICAN CITIZENS. THAT IS WHAT WE EXPECT THE ELECTED OFFICIALS WHO WE HELP TO ELECT TO UNDERSTAND AND TO FOLLOW.
Copy write 2004 THE REV. S. STROTHER SMITH, III+ ,Esq Licensed to the 10th Amendment Foundation, Inc.
