In Part I of this column, we discussed how our Founding Fathers met in Philadelphia in 1787 “for the sole and express purpose of revising the Articles of Confederation…to render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union,” and what was to have been a revising convention became a replacement convention.
These Unites States operated under the Articles for eleven years, until the States on the 1st Wednesday in January (the 7th) of 1789 appointed Electors; the 1st Wednesday in February of 1789 (the 4th) when the Electoral College met and elected George Washington the 1st President; and the 1st Wednesday in March (the 4th) of 1789 when the new Constitution became operative — and the1st Congress met.
As the subsequent status of the Republic has demonstrated, replacing the Articles with the Constitution obviously did not form a perfect Union, but “a more perfect Union.” The other objects stated in the Preamble — “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity” — all followed and (because of the organic and inherent benefits of the ensuing freedom recognized, extolled, guaranteed, and secured) allowed these United States to flourish — and thus become history’s greatest sovereign nation, envied by the rest of the world.
That was until…the artful, deliberate, consummate violation of the Constitution by its foes over the last century has gradually returned the States and the citizens to colonial status under the increasingly tyrannic “crown” ruling from the District of Columbia.
It should be poignantly noted here that when the States of the South seceded from the Union in the mid-nineteenth century, they labeled their new affiliation the Confederate States of America — a confederacy. By so doing, though the U.S. Articles of Confederation had been found wanting and abandoned, the desirable, desired concept of confederation was thus perpetuated south of the Smith and Wesson Line (a.k.a. the Mason Dixon Line). Dramatically pointing out that, in reality, the war between the States was not fought because of slavery as we are constantly regaled, but because of intentional discriminatory misapplication of the Constitution. Perhaps we will pursue this subject in the future. For now let us just say that the present tyrannic crown now considers itself above the Constitution illegally.
The Constitution is the law of the land. As Alexander Hamilton stated, “To deny this would be to affirm that the deputy is greater than his principle; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”(1)
We are misled (many times by the violators themselves) to regard that our problems are terrorism, insolvent social security, abortion, the national debt, budget deficit, education crisis, poverty, crime, inadequate health care, racial discrimination, etc. But all of these, and many more, as bad as they are, are only symptoms. Most are government created, supported, financed, promoted, and imposed — contrary to the Constitution. The real disease is violation of the Constitution. Enforcing the Constitution would get the central government out of all of these activities that abrogate the Constitution and go a long way toward curing the disease.
The Constitution is the supreme law of the land — not Supreme Court rulings, legislative acts passed by our representatives, administrative decrees written by judges or bureaucrats, or even presidential edicts (i.e., PDDs, Presidential Decision Directives), etc. — as affirmed by the Constitution and even reaffirmed by the Supreme Court itself in better days.
Remember the aphorism: “A creature is not above or superior to his creator, otherwise he would have created himself.” To quote Hamilton again in The Federalist Papers, No. 78: “There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.”(1)
Disobedience of the U.S. Constitution by any of the “civil Officers,” “both of the United States and of the several States” is a violation of their oath of office, an impeachable offence.
Let’s demand obedience to the Constitution by all of them and impeach any who violate it. That would help fulfill the glorious prospect of the Preamble to “form a more perfect Union.”
References
1. Hamilton A., Madison J., Jay J. The Federalist Papers, New York, New American Library, No. 78, p.467.
Dr. Caine is an anesthesiologist in Jackson, Mississippi, and a member of the editorial board of the Medical Sentinel.
The editor also researched the views of the Founding Fathers contributing to Parts I and II of this article.
Originally published in the Medical Sentinel 1999;4(3):112. Copyright©1999 Association of American Physicians and Surgeons (AAPS)
(This column on the Constitution appears in the Medical Sentinel to remind us that it is the unConstitutional (and thus illegal) activities in medicine and all other facets of our lives that have trampled on and outlawed our God-endowed freedom and liberty.)
