Action Post: Let Constitutional Foundations Dictate Your Arguments


“For the first time in recent memory, affordable housing is a topic on the presidential campaign trail,” said Diane Yentel, president and CEO of the National Low Income Housing Coalition.

If you watched any of the democratic debate on Tuesday night, you likely noticed that the candidates were very quick to promise better housing, better pay, better living standards, better healthcare, so on and so forth. As the quote above exemplifies, affordable “housekeeping” is now on the list of topics that presidential candidates now present to the American public.

How foolish and naive they must believe we are! How they must relish in their manipulative power as they pull and tug on the strings of the uninformed, ignorant masses.

My friends, you do not have to be part of those “masses”. I’m here to help you with that, to help you arm yourself with the simple yet essential fundamentals of our government so that you can hear the rubbish that comes out of the mouths of so many politicians, ground it in practical reality and THEN enlighten your friends.

Here are five points to help.

One: let’s Use what we’ve learned


I have written a variety of articles by now, explaining and exploring the Constitution, Supreme Court cases, the “why” of our government, the point of the Constitution, and the theoretical justifications for these different aspects of government. I will continue to provide this information for you but I’m taking today to write a slightly different kind of post.

This is an action post. I want to talk about how you can use all this information in your daily life. Referencing some of these basic foundations while talking to friends, family and acquaintances will do wonders for them and open their eyes to things they probably never knew or thought about before. And the beauty of these fundamentals is that they are not based in opinion. No, they are simply foundational facts about how our government is designed, what our Constitution says and the theories behind both.

I’ve found that when people come into contact with simple foundational truths, their own arguments and opinions fall flat. So, I hope you enjoy this little guide and I hope that it helps equip you to start changing the world with the simple weapon of fundamentals.

Two: Be willing to criticize both political parties

I’m going to be honest, I felt pretty frustrated during the democratic debate. While I watched it, I kept thinking… “Mmmhmm and where in the Constitution is this your job?” That frustration was compounded by the fact that I knew the people watching and the media were eating up what these candidates were feeding them.

Don’t get me wrong, while I do fall on the conservative side of the spectrum, both Republicans and Democrats are guilty of feeding us promises that they have no Constitutional right or ability to follow through on. And I’m not afraid to call either party out for violating the Constitution because my allegiance is first with the Constitution, until or unless it is lawfully amended or changed.

I groaned inwardly during the State of the Union address when Trump bragged about keeping Medicare, Medicaid and Social Security—all fundamentally and painfully unconstitutional powers that the federal government has taken for itself. Nowhere in the Constitution is Congress given the power to forcibly require citizens to save money. That’s absurd. Nor is there anywhere in the Constitution that gives Congress the power to provide medical funding to the poor or elderly. This is a state job and states are purely within their right to do any and all of the above. OR they could leave it to charity and people’s own self-control.

I share this with you because, if people are going to take you seriously, you really need to be consistent with your critiques and arguments. You have no allegiance to a political party, but to the Constitution. The people you interact with need to see this or they’ll call you out for your hypocrisy.


Three: You Either Stand For the Constitution or Arbitrary Law

Here’s the thing. And this is true for all Americans. If you don’t stand for the Constitution, you stand for arbitrary law. It’s as simple as that. There is no grey area. There either is a limit to federal government power, or there is not. It can’t go both ways. Law cannot sort of be arbitrary or partially Constitutional.

As American citizens, we can’t demand law that is unconstitutional and expect for our government to also follow the Constitution. One step outside of the Constitution and there is no limit to federal power anymore, so the government may as well go all out.

Make sure you are fully established in this simple reality so that when you challenge others with it, you do not falter.

Four: dispel flawed assumptions

This is key. Exposing and removing fallacious assumptions is perhaps your greatest weapon, otherwise you are left wallowing in the muck of opinion and emotion. I’ll help you understand what I mean by stepping through my own response to something Bernie said during the democratic debate on Tuesday night.

Truly, when hearing some of the quotes during the democratic debate, I wanted to pull my hair out. My mind started firing off responses and critiques a million miles a minute, but I’ll just hone in on one quote and show you what I mean by “dispel flawed assumptions”.

At one point, Sanders said:

“So maybe it is finally time that we said as a nation, enough is enough, the function of a rational health care system is not to make the pharmaceutical industry and the drug companies rich. It is to provide health care to all people as a human right, not a privilege.”

My first response is this: I have so many problems with this statement. But I have to back up. My feelings and emotions are not the point. Who cares what problems I have with this statement, let’s analyze the statement through the lens of the fundamentals I have laid out for you—-the theoretical and Constitutional fundamentals.

Assumption 1

Every statement, by any politician, is based upon a prior held belief about something else—about how the world works. It is an assumption about reality. So, before we ever get to whether or not congressional healthcare law is Constitutional, we need step back and consider the first assumption in his statement. Bernie is basing his statement upon the assumption that, were he president, he would have the power to change the healthcare system.

So, given that changing the healthcare industry would have to be done through making laws, is lawmaking the president’s (the executive branch’s) job?

No.

Remember, executive means “to execute”. This means that the only job the executive has is to execute the already existing laws made by Congress. There’s nothing radical about this. Liberals and conservatives, democrats and republicans, independents, libertarians and the like should all be able to acknowledge and concede this point. Seriously, what can one say to contradict this point? That “execute” doesn’t mean “to execute”?


This means that Bernie’s campaign promise is something he, very practically and legitimately, has no control over. No matter what he or anyone else feels or thinks about this issue, he cannot make law to change or fix the healthcare industry. He can try to manipulate, coerce and influence Congress to make laws that might “fix the healthcare industry” but Bernie cannot constitutionally make law. Lawmaking is not the reason for the executive’s existence, law executing is. Always was, is now, and always will be—-under the current Constitution.

Consider this then: Bernie’s entire argument is based on a fallacious assumption and predicated upon the insulting, yet true, belief that his followers and all Americans are ignorant of the truth. (My students are usually stupefied and frustrated upon realizing how blatantly they’ve been lied to by presidential candidates. It dawns on them that Americans put SO much emphasize on a position that has little Constitutional power).

So, on this point alone, Bernie’s argument is invalid. One’s opinion on healthcare and government hasn’t even entered the picture.

Assumption 2

But, let’s take it a step further.

Is it Constitutional for the law-making branch of our government to make the type of laws Bernie’s promoting?

I think you know the answer.

Never.

The Constitution, created with the full intention of limiting federal power, gives a comprehensive list of all the duties of Congress. It’s Congress’s job, then, to make laws that are necessary and proper for carrying out those specific powers listed in the Constitution. These powers are few. To remind you, it includes powers such as declaring war, issuing patents, regulating commerce between states and among nations, setting up the postal service, establishing and funding the military and the like. These are broad, overarching powers that are better for the federal government to handle than the state. Everything else—that’s up to the states.


So, even if we acknowledge that Bernie cannot himself make law regulating the healthcare industry, and then allow that maybe he’s just wanting Congress to do so, his argument is still invalid.

Which means that no opinion, justification or emotional rationalization about the virtues of healthcare regulation and the vices of the current healthcare system really matter. If we agree with Bernie, we agree with arbitrary law. We either follow the Constitution or we don’t. It really is that straight forward.

Seriously, think about it. What would Bernie say if someone asked him this question:

“So, what do you say, sir, about the fact that all of the laws and regulations you are promoting are fundamentally unconstitutional? Or how to respond to the fact that you do not have the lawful right to pass law and therefore cannot make any of these changes yourself?”

What on earth would he say? He’d either have to own up to his blatant violation of the Constitution or backtrack on his manipulative propaganda. We all know the truth of the matter is that all of these candidates, and many in the Republican party as well, do not care what the Constitution says.

People, the policy playing field today isn’t even in the realm of Constitutional congressional power. Affordable housing for all? Where on earth did the federal government get the power to provide that for us? If it’s not from the Constitution—which it isn’t—then it comes from nowhere. If it comes from nowhere, then nothing confines it. This means that there is no limit to government’s reach then. Their power is arbitrary.

We’ve come a long way from the initial reason for government’s existence—which was to merely protect our private property. Arbitrary law is what happens when we allow even one step outside of the Constitution. It’s been a slow burn. At first it was just the federal government taking the right to tax our personal income a bit more and now the people are expecting the government to provide everything from housing to healthcare.

Assumption 3

The last point is this: say it was the federal government’s right to fix healthcare. Where do we expect the money to fix healthcare to come from? The government? The citizenry is so painfully ignorant that they fail to realize the reality that government is funded and paid by us! So, the more we demand of government, the more we have to pay. We tend to assume that the government somehow gets money from sources outside of the U.S. citizenry. A plainly false assumption.

But, even in writing this final point, I have to acknowledge that this really is an irrelevant point because it’s based upon the fallacious assumption that federal initiatives, such as fixing healthcare, are Constitutional. And they are not Constitutional, so there is nothing to debate about.

Five: Force People to Own Up to Their True Beliefs

And this is where I encourage, you, my readers, to really stay. When you are interacting with people, don’t stoop to their arguments. They’ll come at you with all kinds of emotional tirades about how people are poor, how people need healthcare and housing, how people shouldn’t have guns, along with a litany of other demands on government. Always remember, your opinion on healthcare and government and their opinion on healthcare and government, really don’t matter. (Believe me, if people realize that you don’t even give your own opinions much credit because of your respect for the Constitution, they’ll have to take you seriously.)

Why don’t opinions matter? Because no matter what our opinions are, the Constitution is the law and the law is not based upon opinion or how we feel about it. It is the law. If law was based upon opinions or feelings, it wouldn’t be law and would have no power. So, the Constitution is not a debatable subject, it’s law.

When conversing with other Americans then, I encourage you to simply stop that person who is word vomiting all of their feelings and thoughts about some issue and simply point out the basic reality that they are arguing for the government to violate the Constitution. They need to understand that unless they want to lawfully amend or change the Constitution to allow for such federal power, there really is nothing to debate or discuss.


It really simplifies life and politics when you approach it from this foundational and fundamental position. You’ll find that most arguments are rather pointless because they’re all based on flawed assumptions. It’s your job to point out the flawed assumptions (e.g. the president makes law; Congress has the Constitutional power to do x,y or z) and let the person flounder as they try to reconcile their opinion with the hard fundamentals they’ve just been shown.

If they say, “Well, I support poor people. I think the government should do something to provide free healthcare for people”. You can politely and kindly say, “Oh, so you support arbitrary law?” Let them reckon with this and stumble over your implications. They’ll be confused, they’ll feel offended. Hey, their empathy is not the problem, their solution is. Arbitrary law is far more dangerous and harmful than the problems they’re concerned about. This is where you can step in and help them. Educate them. Why would it be arbitrary? Why is what they are arguing for not Constitutional? They likely do not know what the Constitution says on the matter or that managing healthcare is the states’ job. Let them deal with hard facts.

Once they know the truth, it’s up to them to reconcile their opinion and concern about the poor with the reality that demanding the federal government fix their perceived problems is demanding for arbitrary and unconstitutional law. They have to own up to that if they want to continue believing in it. Make them own up to it. At least now it’s out in the open.

But, who knows, you may actually open their eyes to something and cause them to seriously reassess their opinions. Ultimately, it’s now in their court to decide if they support arbitrary law or if they support the Constitution.

Conclusion

Does this all make sense? I think grabbing a hold of these fundamentals is key for us as we work to re-establish the Constitution as the basis for our opinions and arguments. We don’t demand for people to respect us or our opinions. No, we first establish that we respect the Constitution and then ask that others respect the Constitution as well—-if not, then we ask that they own up to their willful—eyes open—violation of it and the consequences that such a violation reaps.

Constitutional foundations are so important. Let’s focus on those and work to help others to focus on them as well. As we do so, we’ll begin to see who truly supports and respects America and the Constitution and who does not.

Hey, in the end, it is far better for those who support arbitrary law and violating the Constitution to be out in the open for all to see and reckon with, than for them to be cloaked in the manipulative guise of support for the Constitution while they violate it.

The Liberty Belle

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