So, I’m fed up either all the public adulation and the psychophants praising Obama to the roof and beyond as if he’s some sort of Ghandi.
Guess I’d better back up and preface here.
In 2008 I worked to get Obama elected because he had a history of acting as a reformer, was a Constitutional Law scholar, and because I loved the idea of what a black POTUS represented for our nation. I mean, seriously folks, it really is about damned time for us to have a black leader in the White house.
Further, from a strictly pragmatic point of view as a Veteran who still sees his Oath to protect Our Constitution from ALL enemies… who, in theory, who would be better suited and armed to protect Our Constitution from domestic corporate fascists than a Constitutional Law scholar?
This last matters to me because I took an oath to protect our Constitution in ’79 and still take that oath seriously. I also read Law the way most folks read Ludlum novels.
Onward to the harsh reality of his actions…
When Obama took office (with a nice majority of Democrats in Congress) he promptly cosigned both the blatantly unConstitutional EVIL of the so called Patriot Act (more on this later) and Bush’s corporate fascist, #2Big2Fail bank bailout. He even went so far as to order his bankster lap dog Eric Holder to whomp up some excuses and lawyer lies to use against nay sayers, while we Citizens were almost universally demanding that he RICO the bastards as Iceland and Norway were doing at the time.
This would have been the ideal time for him to ACT in support of his Oath to support and defend our Constitution with a simple Executive Order to his new Heads of the DOJ and the FBI ordering them to pursue these thieving banksters using RICO, as was done in the S&L scandal in the ’80s and in the first bank crash during the ’90s.
Instead he chose to do the exact opposite of what his Oath and our ammended Constitution demanded of him and acted to service those bankster/bribers at our expense, while also cosigning the Patriot Act renewals buried in NDAA. I regard these actions as the single largest treason against Our Constitution since the Confederate States passed the laws which caused Section 3 of the 14th Amendment to be added to Our Constitution as an Amendment.
Here’s Section 3 of the 14th Amendment:
The language is a bit archaic but is perfectly clear in both intent and legal effect when we diagram out the subject of the sentence:
“No person shall be a Senator or Representative in Congress [lists other applicable offices] or hold any office [lists all applicable State & Federal offices, including Judicial and Military Commissions] who, having previously taken an Oath as a Member of Congress, [re-lists all the additional covered offices] to support the Constitution* of the United States, shall have engaged in Insurrection or Rebellion against the same*, or given aid or comfort to the enemies thereof*
(Here “the Constitution of the United States” is the Subject of the sentence and *refers back to “the Constitution of the United States”)
So, what this legally passed and Ratified Amendment says, quite directly and unequivocally, is that a person who has acted (yes, votes ARE Actions in every legal sense… just ask any 1st yr Law student or any Corporate Board Member) in Insurrection or Rebellion against Our Constitution MAY NOT HOLD ANY ELECTED OR APPOINTED OFFICE, WHETHER STATE, FEDERAL, OR MILITARY COMMISSION.
Now let’s look at the definitions of Insurrection and Rebellion
Here’s the full legal definition from Cornell Law’s Legal Information Institute
Back to the Preamble and we find that the Constitution IS in fact both “the Authority of the United States” (our Nation was CREATED by the Ratification of our Constitution) and it is the Supreme Law of the land in ALL things per Article 6, Paragraph 2 of the Body of the Constitution.
For the Record: This section of the 14th Amendment, and the Oath of Office, are specifically designed to unequivocally establish The Constitution as Our Civil Authority so that actions taken against the Constitution ARE treasonous in nature & in Law. Section 3 of the 14th Amendment is an Amendment (Aka: a change or correction) so it supersedes any and all prior language in the Constitution on the subject it speaks to.
Here’s why the Patriot Act is an action against Our Constitution and a vote to pass it is, in fact, and in Law, an act of treason.
1) The Constitution REQUIRES that Congress only pass laws which COMPLY with the Constitution
2) The Patriot Act VIOLATES the entire Bill of Rights contained in our, as ammended, Constitution which IS “The supreme Law of the land.”
3) In order to cure that violation either an Amendment MUST be passed and ratified by the States, or the fiat, treasonous “law” which violates the Constitution must be nullified… these are the ONLY LEGITIMATE ways to resolve this conflict because the laws passed by legislation MUST COMPLY with the Constitution to be valid.
4) NO such Amendment was proposed, much less passed or Ratified by 3/4 of the several States
Thus this fiat was done by Congress completely outside of their legal boundaries and they knew it at the time.
5) On that Article 6 above… here’s the last bit of it which REQUIRES State and Federal Judges to nullify laws which violate the Constitution
Again with the diagramming:
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof [Aka Subject to the limitations of the Constitution and in compliance with it] and all treaties which are made, or shall be made,
under the Authority the United States [Aka those treaties which are in compliance with the Constitution] shall be the supreme Law of the Land; and the judges of every State shall be bound thereby, any thing in the Constitution or Laws if any State notwithstanding.”
So… to put the cap on these logs and chains of Laws which bind our government, what does “in pursuance thereof” mean?
It means simply, to pursue the stated goals of our Constitution within the limits placed upon Congress & the federal government by the Constitution
Since the Patriot Act DOES violate, quite directly, the prior limits upon the Federal Government contained in the 10 Amendments known as The Bill of Rights, it is patently illegal
Here’s where it violates Our Constitution
In short, Congress knowingly passed a law which they KNEW was not “in pursuance of the Constitution” and which their support of violated their oath to protect our Constitution because that law violates our as ammended Constitution on every meaningful level.
So, yes the ACTION of voting to pass this law is a direct violation of their Oath to protect Our Constitution and thus is a violation of Section 3 of the 14th Amendment which bars them each, jointly and severally, from serving in ANY government capacity whether elected or appointed.