The Forgotten Men Blog
"Constitutional Rights" and "Unalienable Rights"
- Thursday, 07 March 2013 10:59
- Written by Joshua Lyons
The term "Constitutional Rights" is essentially a misnomer and/or shorthand. This is similar to the term "States Rights." States do not have rights - the term is just shorthand to refer to the powers that are retained by the state governments (i.e. powers that were never delegated to the Federal government).
Similarly, the term "Constitutional Rights" is shorthand to describe rights that are codified in the Constitution (inc. the BoR's). The point is that we do not have these rights because they are codified in our US Constitution. The US Constitution specifically limits the authority delegated to the Federal government...it doesn't "grant" any rights. The US Constitution simply codifies many rights that are (/were) already in existence/observed.
Unalienable Rights are rights granted to us by our Creator and/or observed in nature (i.e. Natural Law). These rights can not morally be taken away from us by an individual or government unless we have infringed on the rights of others. This concept is unbelievably important to understand...because the logical progression for pointing to our "Constitutional Rights" is that we don't have those rights if the Constitution doesn't specifically state them. THIS IS DANGEROUS and is the exact path that many DC'vers are taking with their comments and actions.
I'm going to speak on this topic on Saturday's show (3/9/13). Feel free to call in (or reply here, of course) if any additional clarification is needed.
In liberty,
-Joshua
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Who Has The Authority?
- Saturday, 02 March 2013 15:33
- Written by Joshua Lyons
DCvers and Federal Supremacists avert the root cause of our problems and continue to talk only about the symptom's we face. They do this because acknowledging the root cause would expose their malfeasance, collusion, and increasing usurpation of power.
The root of our entire mess boils down to authority. "Who has what authority to do what?" is the question we should be asking every elected official at every turn.
The majority of the answer to that question can be found in the US Constitution as ratified and amended (the balance can mostly be found in our State Constitutions). The US Constitution delineates the limited powers delegated to the Federal government as well as acknowledges those powers left to the State governments and to the people.
When #DCvers and Federal Supremacists tell us that the Federal government is supreme, it's our responsibility to counter with the purpose that said supremacy is only found in Federal laws made "in pursuance" to the US Constitution.
Until federalism is restored (see Federalist 45, 9th paragraph: "The powers delegated by the..."), we will continue striking at the branches, but will still be faced with a power struggle in which the vast majority of us will be ruled by those who (temporarily) have the power.
Decentralization of power is...The Answer.
Federalism is...The Cure.
In liberty,
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When Is A Law Supreme?
- Saturday, 02 March 2013 11:03
- Written by Joshua Lyons
The US Constitution does NOT "grant" us rights. We have unalienable rights granted to us by our creator and/or observed in natural law. The US Constitution documents the authority of the Federal government, period. As it is articulated in its Preamble, the Federal Bill of Rights places further limitations on the Federal government. These "further declaratory and restrictive clauses" were NOT added to limit State governments or individuals (I discuss this in more depth HERE).
Our State Constitution's (and State Bill/Declaration of Rights) are similar in purpose and function at the State level.
The only examples where Federal laws trump the authority documented in a State's Constitution, are when Federal laws are "made in pursuance" to the US Constitution. ALL laws not in pursuance to the Constitution are unconstitutional and void.
It is the duty of a State government to assert its retained authority and push back on the out of control Federal government in ALL such matters. When our State government representatives do not do this, they are neglecting their duty (i.e. fiduciary responsibilities) and ought to be removed from office as they are no longer protecting our unalienable rights...which is the primary (some will say sole) purpose of government.
In liberty,
-Joshua
Read more: When Is A Law Supreme?