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“What About the Constitution?”

By John F. McManus, President, The John Birch Society
“Boston Tea Party” Ron Paul Meetup Group, December 16, 2007

(It had begun snowing at 6:00AM on Dec. 16th.  Yet, with about 8 inches of snow of the ground and heavy rain about to start, close to 500 fans of Ron Paul arrived at Boston’s historic Faneuil Hall.  My remarks follow.)

           The first thing I want to say is congratulations to all of you for being here.  I think of Valley Forge when the weather turns sour like it did today.  We owe a debt of gratitude to those who stayed with General Washington back then.  So I’d like to send my thanks to all of you and ask you to stand and congratulate yourselves for your determination to promote the cause of liberty.

                 As I read the reports about the many candidates, I see one referred to as “quaint,” “quirky,” even “quixotic.”  The media seems to like the letter “Q” when referring to this man.  I think they ought to continue and realize that he’s the man who is “quietly awakening America’s sleeping giant.”

                 We’re here today because we want to take our country back.  And we will!

                 Let me start with a story.

                 A U.S. Navy ship was steaming along one night when lights ahead flashed the signal, “Turn your ship five degrees to starboard.”  The ship’s captain, quite indignant about being told what to do, told his signalman to send back a message, “You turn your ship five degrees to starboard.”  That prompted an immediate response from afar, “No, you turn your ship to starboard.”

                 Now, the captain was really irate.  He told his man to send the following message: “I’m a captain of this U.S. naval vessel.  You turn your ship to starboard.”  And the final message came right back, “I’m a seaman second class and I’m aboard a lighthouse; turn your ship five degree to starboard.”

                 The point, of course, is that the stripes on your sleeve or the initials after your name aren’t as important as the ground you stand on. If you have truth and can deliver facts, you are like the sailor at the lighthouse who certainly had solid ground to stand on.

                 What ground does our nation’s government stand on?  The Constitution.  Officials of our nation’s government swear an oath to the U.S. Constitution.  Practically all of them immediately put it in the bottom drawer and proceed to do whatever they please.  One of the great fallacies most claim is that, if they aren’t prohibited from doing something by the Constitution, they can go ahead and do it.

                 Not so!  Our country didn’t become the greatest place on earth because of what government did.  The United States of America became the envy of the world because of what government was prohibited from doing.   And the prohibitions were in the Constitution.  Government was to be limited to a very few functions.

                 I expect that many in this audience – maybe all – believe as I do that the most important sentence in the Constitution is the first sentence after the Preamble.  Article I, Section 1, Sentence 1 reads, “All legislative powers herein granted shall be vested in a Congress of the United States….”

                 Let me ask all algebra students who are here, please help me.  If “all” lawmaking power resides in Congress, how much is in the Supreme Court?  None!  You obviously agree that the word “all” still has meaning.  A Supreme Court decision can’t be the “law of the land,” as we’re so often told. It’s the law of the case that binds the plaintiff and the defendant – period.  And most decisions of the Supreme Court should be, “It’s not a federal matter” and it should forthwith be sent back to the states or to the people.  Instead, layer upon layer of government has been sanctioned, even initiated, by the black-robed justices who regularly ignore the very first sentence in the document they have sworn an oath to obey.

                 How about the Executive Branch, you algebra students? Any lawmaking power there?  Not if the first sentence means anything.  Yet, we get Executive Orders, Presidential Decision Directives and Signing Statements from the White House that take on the force of law.  This is another serious violation of the Constitution’s first sentence. An Executive Order from the White House addressed to federal employees is proper – such as the granting of a holiday to celebrate the birth of the Lord.  But if an Executive Order, a Presidential Directive or a Signing Statement binds the whole nation, or usurps power from the other branches of government, it’s unconstitutional.  It’s not the President’s prerogative to make law – but we all know that this is being done all the time.

                 Go back to that first sentence, “All legislative power herein granted shall be vested in Congress….”  Even more violated are the two words “herein granted.”  Very simply, any power possessed by the federal government that is not granted to Congress in the pages of this document (the Constitution) – “herein granted” in other words – is illicit.

                 Is foreign aid “herein granted?”

                Does the Constitution grant power for a Department of Education?

                 How about a Department of Energy?

                 Is either health or medicine mentioned in the Constitution?

                 How about a Department of Homeland Security?

                 I thought we already had a department of homeland security. Isn’t that what the army, navy, air force, coast guard and marine corps are for?
                 Just imagine what it would mean if there were adherence to the first sentence in the Constitution.  There would be no foreign aid.  Our leaders have amassed a mountain of debt totaling $9 trillion and they give away money.  It’s not their money they give away, it’s ours!

                 If the first sentence in the Constitution were obeyed, there would be no Departments of Education, Housing, Health, Agriculture, Homeland Security, and more, plus no commissions, bureaucratic monstrosities and other meddlesome agencies that “harass our people and eat out their substance.”  “Harass our people and eat out their substance” is an actual indictment of King George III contained in the Declaration of Independence.  History repeats if one’s guard is dropped.
                 I have often stated a conclusion about the Constitution that no liberal or neoconservative likes to hear.  It is that, if the Constitution were fully and honestly enforced as it exists today, the federal government would be 20 percent its size and 20 percent its cost.  I have even been chided by a few of my friends in The John Birch Society who say my figure should be 10 percent.  Most members of Congress don’t like to hear that.

                 Also, if the Constitution were honored by those who swear an oath to it, there would be no undeclared wars and no policing the planet.  We are now involved in an undeclared war against terrorism – a tactic.  If that kind of thinking prevailed after Pearl Harbor, U.S. leaders would have targeted aviation!  But, no, we declared war against Japan, and Germany declared war against the United States.  And we won!

                 If the Constitution were honored, there would be no Federal Reserve.  No federal funds for highways that can be taken away if a state refuses to knuckle under to Big Brother’s edicts.   And if all of the unconstitutional programs were abolished, the income tax could be terminated.

                 Many years ago, an occupant of the White House gave a famous speech that started off, “Four score and seven years ago….”   Paralleling what he said then, let’s go back today to “Four score and 14 years ago.”  That puts us in 1913.  And in 1913, three severe attacks on the American peoples’ liberty were enacted.  We got the direct election of senators, the Federal Reserve, and the income tax – all three initiatives that savage the idea that government should be limited.  Before 1913, senators were appointed by the state legislatures to guard states rights against federal power.  It would be great to get back to that.

                 But it would also be great if we could abolish the Federal Reserve and the income tax.   Neither appeared in the original Constitution.  But both the Federal Reserve and the income tax are prominently listed as two of the ten planks in the Communist Manifesto.  Current leaders are converting this nation into a communist state.  The Fed came about through an act of Congress that should be repealed.  The income tax was launched with a questionably ratified amendment.  But an amendment can be cancelled with passage of another amendment – as was done with prohibition.  If it could be done once, it can be done again.

                 The founders were adamant about creating a republic, the rule of law, not a democracy, the rule of men that always becomes the rule of the mob.  There’s no mention of democracy in the Constitution, the Declaration of Independence, or the constitutions of any of the 50 states.  And don’t we still pledge allegiance to the flag and to the “republic for which it stands…”?  There is no mention of “republic” in the Constitution where there is a requirement that every state will be guaranteed a republican form of government.

                 Back to the Constitution.   It gives power to Congress to “coin money.”  Not to start a bank.  Not to allow a privately owned and unaccountable Federal Reserve.  Only to create a mint to shape precious metals into coinage of a fixed size, weight and purity.  That’s all!  So a mint was created and it coined money.  Now the Federal Reserve exists and it does something impossible: it coins paper.

                 Article IV, Section 4 of the Constitution assigns the federal government the responsibility to protect the states from invasion.  It doesn’t say military invasion, just invasion.  And 20 million illegal immigrants is an invasion.  But the federal government does little or nothing to meet its responsibility spelled out in the Constitution.  The border remains wide open because our leaders are determined to create a North American Union, a “Merger in the Making” as this issue of The New American magazine exposes.  Pick one up on your way out from some of my colleagues who’ll have some copies, or go to thenewamerican.com where you can download the entire issue free of charge.

                 Today, our federal government regularly does what it has no authorization to do, and it refuses to do what the Constitution requires it to do.  I sometimes think the only part of the Constitution given much respect is the part that says members of Congress shall be paid out of the Treasury.

                 Anyone who understands the Constitution knows that it’s not a free pass to do whatever government wants.  It established government with very few powers.  And then it stresses this point with the Bill of Rights.  You know the Bill of Rights.  It says Congress shall not, shall not, shall not – all the way up to the Tenth Amendment that says if we forgot anything, you can’t do that either.

                 It’s time to get back to the Constitution.   Anyone who calls for that has my deep appreciation and the equally deep thanks of the tens of thousands of members of The John Birch Society whom I represent.  Do yourself a favor and check us out at jbs.org.  If you like Ron Paul, you’ll love The John Birch Society.

                 Let me now close with the motto of The John Birch Society: “Less Government, More Responsibility, and … with God’s Help … a Better World.”

                 Less government under the Constitution.

                 More responsibility under the Ten Commandments.
 
                 This is the solid ground America should stand on.  And when it does, there will be, with God’s help, a better world.

                 Thank you very much.        

Report About the Dec. 16 Ron Paul Meetup in Boston

             I spoke toward the end of the program (eighth out of ten speakers).  Reporters who cover these events leave soon after they get a picture and enough to write a story.  The Boston Globe reporter was long gone before I got to the podium so there was no mention of me or JBS in the newspaper.  JBS Coordinator Hal Shurtleff preceded me at the podium and he dwelled on the need to elect decent congressmen.  He introduced me.

             Being one of the last speakers in the event was, in some ways, beneficial.  I had many persons who came to me after the program was completed to tell me that they now had a changed and much better opinion of JBS.  Hal and I handed out plenty of DVDs of Overview and the The Case for Repealing NAFTA.

             The truly awful weather (8-10 inches of snow followed by heavy rain and wind) definitely cut into the crowd.  Where the organizers were expecting an overflow crowd (beyond the 850 allowed by the police), there were upwards of 500.  The Globe said 700.   Most of the attendees were young people.

             Ron Paul’s son, Rand, was there and he spoke.  He’s an ophthalmologist from Texas.  I didn’t meet him because he spoke early and left soon after.  I didn’t know where to find him before the event.  Three of Ron’s grandchildren were there, all beautiful teenage girls and all from Lake Jackson, Texas (Ron’s home).  They were giggling about being in the midst of the heavy snowfall.

             The entire event was simulcast via the internet.  I heard immediately from friends in WI, OK and FL who said they saw it on their computer.  So we made a lot of friends at the event and an untold number via the internet.

             (Because this event was not part of the official Ron Paul Presidential Campaign, and because I never endorsed him, I could participate without compromising The John Birch Society’s policy of not being involved in politics.)
                                                                                                        -  JFM