I want to make something VERY clear.
The Constitution and the Law are two very different things. One is law that has authority over government, the other is a law that has authority over we the people.
I’ve had some pushback over something I said in a recent post. I said that vaccine passports cannot be unconstitutional unless it’s the government who mandates them. A few people responded and said that the passports were unconstitutional no matter what (perhaps they are illegal per federal law, but that, again, is not the same as being unconstitutional).
So, I’m here today to simply clarify for everyone what unconstitutional actually means.
In the United States we have levels of law. We have federal law, state law, city law, and local law. Government writes all of these laws in the hope of protecting property and preventing chaos. We the people are subject to following these laws and if we violate them, we are subject to the subsequent punishment.
For instance, if someone goes into a church and kills everyone, that individual has violated many laws and should be punished accordingly.
If government goes into a church and kills everyone, it has violated the Constitution.
The Constitution defines for government what government can and cannot do. It does not define for us what we can or cannot do. If it did that, then we wouldn’t be able to do hardly anything.
It cheapens the power of the Constitution to say that we can violate government’s job description. Only government can violate its own job description. By saying that WE can violate it, WE insinuate that we have enumerated powers that we are confined by–which we don’t.
Doing so diminishes the Constitution to a list of rights that government can’t violate, rather than what it is, a list of powers outside of which it cannot operate.
Don’t use the Constitution to critique your fellow Americans. Use the Constitution to critique your government.
That’s what it’s FOR.
Use LAW to critique your fellow Americans.
If government violates the Constitution, it breaks its law.
Law is for the people, the Constitution is for the government.
Law governs the people, the Constitution governs government.
We must fight to hold our government accountable to the Constitution and not get distracted by arguing that our fellow citizens are not accountable to the Constitution.
We can’t be accountable to something that doesn’t apply to us.
It’s the same thing as saying that the federal government can violate the Georgia Constitution. The federal government cannot violate the Georgia Constitution, only Georgia can.
So, let’s stop with this game of calling everything under the sun unconstitutional and actually use this claim tactfully and with reason.
Otherwise, we’re perpetuating and shaping thought and the national conversation in a way that damages the essence of the Constitution.
The power of the Constitution comes from the power we give it in our minds; if we use it cheaply as a catch-all for anything we don’t like in politics, we waste its power.
That way when the Constitution is appealed to, it’s powerful and the claim of “unconstitutionality” will actually merit a response.
The Liberty Belle