reply to post by MikeNice81
Well see, that's where you are wrong, as the Constitution protects our rights and the government can't legislate or pass laws in a manner that
violates the Constitution. If they want to pass a law that violates the Constitution in its current, they must first amend it in a manner that permits
For instance, when the government prohibited alcohol in the early 20th century, they first had to amend the Constitution, thus the 18th Amendment was
introduced. After the 18th Amendment was ratified, they then needed to pass a law, the Volstead Act (later amended with the Cullen-Harrison Act), in
order to prohibit the alcohol accordingly.
The 18th Amendment didn't outlaw the sale or consumption of alcohol but instead, it gave the government the authority to outlaw it, which they did
with the Volstead Act.
This was back in the days when the Constitution was at least semi abided by and the American public wouldn't tolerate the subversion of our charter
and founding document.
You see, the Constitution limits the authority of the government and if the Constitution doesn't explicitly give the government authority to do
something, then they can't, unless they add that authority into the Constitution, via the amendment process.
The 10th Amendment to the Constitution states:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people."
So, not only can the government not violate our rights laid out in the Constitution (particularly the first 10 amendments known as the Bill of
), but they also can't make stuff up as they go along, as they only have the authority that is explicitly delegated to them by the
Now that is common-law
, though common-sense
would also dictate that a lot of our laws are not only bogus and anti-Constitutional, but
also tyrannical in nature. If an action is considered a crime, yet doesn't produce a victim, then it is a crime in name only, or a political crime, as
opposed to a real crime. If a victim is not produced by an action, then it shouldn't be considered a crime, as that is tantamount to force and is a
crime in of itself, if enforced. We should not be able to initiate
force against any other, as not one single one of us was born with any
authority over any other. God (whatever and whoever you believe it/him to be) did not send any of us down here with any more rank than anyone else,
thus it should be peoples' liberty to do what they please, so long as that action isn;t impeding on the liberties of anyone else.
This country was founded on the idea of liberty, yet liberty is hard to find when you can be persecuted for political crimes, or "crimes" that do not
produce a victim. Yes, we do have laws, though those laws are supposed to be in accordance with the supreme law of the land, our Constitution and when
they aren't, then they are invalid laws and the people should have the right to use whatever force necessary (even death) to stop the enforcement or
block the initiation of that force.
Congress is not free to inact any laws they wish, as they absolutely must abide by the Constitution and if they feel that a law [which would violate
the Constitution] needs to be passed for any reason at all, then they need to first amend the Constitution in a manner that would allow them to pass
that law. However, these days that step is skipped and most likely because they know they wouldn't have the public support to amend the Constitution.
However, sadly most Americans couldn't even list two single protections that are guarenteed by the Constitution, ultimately allowing Congress and the
government to get away with what they are doing, for the time being.
By enforcing laws that violate the Constitution or our protections mandated under the Constitution, you are then committing a real crime, making the
roles reversed as the real criminals are the ones enforcing the illegal laws (ignorance of the law is no excuse for breaking the law).
We have gone from a nation based on the rule of law (ultimately the supreme law of the land), to a nation based on oppression and the enforcement of
will. Nobody should have the right to enforce their will on others and the Constitution makes that notion the law.
edit on 27-11-2010 by airspoon because: (no reason given)