The Constitution and The Law

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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.

the denver post office and federal court house

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.

icra iflas piled book

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

7 thoughts on “The Constitution and The Law”

  1. All state constitutions and laws MUST comform with the federal constitution. No state can deny the rights outlined in the federal constitution.
    Answer me this: can any state reinstate slavery? Suspend the 14th? Suspend the first and outlaw religion? No.
    The right to travel is the ultimate representation of freedom. To restrict our right to come and go is imprisonment.

    1. My right to travel freely has been impeded on since 2003 by the sheriff’s ” dept ” as they identify themselves not an ” office ” by and for the people , the sheriff’s dept is in a tight spot trying to avoid a conflict of interest ? they support the majority local corrupt politicians , enforcing the law against us ” few” we the people , but the law does not apply to the local cronyism type government , yes FALSE IMPRISONMENT and if caught traveling it will be a ” malicious prosecution ” how sad things have become , the “dept” recently said I need to comply with majority’s private circuit court and go to the VA and have my head examined for ” abiding to my oath of office ” to defend the Constitutions of The United States and The State of Michigan , unreal , maybe it will be in the ” dept’s” report to their bosses ” politically appointed bureacrats ” so the lazy constitutional officers up here need not work , delegate their authorities to non-statutory or non- constitutional office holders , GO FIGURE !

  2. Bob Manderville


    In regard to the pushback you are receiving about wearing mask. I am starting to question whether the partisan divide actually reflects honest disputes of governing anymore The rights superficial penchant to rail against big government is increasingly unpersuasive and indignation seems to be defining the limits of Conservative ideas. As George Orwell wrote in 1984 :

    “History has stopped. Nothing exist except the endless present in which the party is always right”

  3. Local BIG Government policy that has NO principles are not constitutional , and that policy is invalid and VOID , anyone AGREE ?

    1. Ron:

      I’m not sure I understand what you mean by “NO principles” nor the term “policy”. Are you talking about laws or simply the way things are done? Could you possibly clarify by giving an example.

  4. Bob ; I am speaking of local policy at the county le el , in a “communications policy ” citizens , employees , bidders to public infrastructure projects , township elected represenati es , ect e eryone “must” ” all communications to anyone must be directed to the managing director in writing , the director will deem necessary what gets forwarded to others at the county le el “”. this director even states to state officials and circuit court judges that he is the director of the elected board of five , he mandates and directs four of them , directs seven county commissioners , directs the sheriff’s dept. , the local courts , everyone snaps in line yes men and women , I call him and his tyrants out , that not being able to communicate with elected officials deprives free speech , as a matter of fact local policy setters are so bad , they violate constitutional rights daily , violate statutory laws of the state , it has gotten so bad that when I reported an illegal public property sale to the sheriff’s dept. to investigate , violations of the OPEN MEETINGS ACT , statutory laws of county government , federal laws , I een claimed Title 42 sec 1983 , Title 18 , sec 241 , 242 , 245 , Title 28 iolations by the circuit courts , the sheriff’s dept. put the report in the shredder calling an investigation would look bias against all the others by ONE man , the county prosecutor in a jam , as they need the REPORT to prosecute , so this was seen as retaliation against me , even this director’s lawyers openly violate the law , this is one BIG local GOVERNMENT policy , this director even has managed with false presentations to law enforcement and the courts to get restraing orders to keep from public meetings , I am elected to this county board , this director and his lawyers do not even live in the county , the three board members who hired this director where terminated by this director hous after hiring him and his cronyism big local goernment for an OPEN MEETINGS ACT violation , they did not ask him if he wanted a closed meeting interview , can you believe this , this is only “one policy of stacks of policy” this director will violate anyone’s rights and violate any and all laws to retain his POWER , as you can see in the above there is no seperation of powers , he controls what seems all but , four of us , and I am the voice for the other three , two have been terminated from county employment for STANDING UP , being a small rural county , the other two stay silent as their family [ county employees ] will be met with retaliation , So this goes right into LIBERTY BELL’S and MADISON’S ambition being met with ambition , to stop BIG local GOVERNMENT , Bob , it is bad up here , I stand alone !!!!! so local policy is local law that is unconstitional [ for it is the government as LIBERTY BELL agrees ] pricipals , so many on June 24 , 2021 I made the call out , not on policy , or statutory laws , but continued disrespect by this director , since the passing of the older chairman , they forgot they say , the PLEDGE of ALLIGENCE to our LAG , I in a blind ZOOM ROOM phone only not being able to see , I directed the PACKED with public over an upcoming project cost , to the SouthEast corner of the board room as everyone looked [ over 60 persons ] I asked if the U S flag was missing . PRINCIPLES v local policy , sorry of mispellings and missing letters , I only have a very old laptop to communicate with , Thanks , hope you are enjoying Christmas and a Happy New Year , in my Christmas letter , to county officials I asked or is the word Christmas outlawed by local policy , as up here the kids are violated as they can not see Rudolphs red nose , he “must” waer a mask when entering our airspace per county policy. RON you may contact me anytime ,

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