Wednesday, March 24, 2010


The Founding Fathers knew that they had to codify the unwritten principles of government in order for them to be the law of the land. Thus, the Constitution is the law of the land because it actually provides judicial instruction to all three branches of government.

The Gunny has gotten emails asking if ObummerKare, now endorsed by Fidel Castro, can be struck down as unconstitutional. The Gunny believes that it can, based on the authority of the Constitution. The judge doing so would be the interpreter of the Constitution as the original law of the land, not the "changeable document" the liberals want it to be. The Constitution was drafted and ratified by an authorized assembly and that made it the law of the land. In fact, as the Gunny sees it, the very character of the Constitution is the crux of American law. Judges have the power to act only through the Constitution, not any personal thoughts, bias, feelings, etc. Or rather, they shouldn't rule by that although the Ninth Circus Court in the PRK (People's Republik of Kaulifornia) often does. The original thought of the Founders, that government governs through our consent, that there are limits on government, and that all rights ultimately belong to "the people" limits governmental encroachment. The Constitution "IS" therefore, as the law of the land, government and judges cannot blind themselves to what is in it.

If the fact that the Constitution is fixed in a written text means that judges can and must take it into account when resolving cases, there is still the question of why the Constitution is fundamental law against which a “statute can be tested” and found wanting.[18] The answer should be as obvious to us as it was to the founding generation and the early judges. The Constitution is supreme law because it was ratified by the sovereign people in convention, and it alone authorizes and limits governmental action. As the Constitution is legislated by the most authoritative body within the political system, all other legislation is inferior to that law and void if contradictory to it.

We need to remember that the Founders allowed "the people" to come into the convention to witness the proceedings, unlike today's Democrats, and allowed them to examine and debate what was before them! Thus, the people, from whom allowance to govern comes from, approved the Constitution before it was ratified by the legislature. The Constitutional derives its authority from the will of a free and sovereign people.

What is the Constitutional? It conveys to the US Government (or rather, it USED to) what power they have, how it is organized, how it could be legally used, and the limitations on governmental power.

What liberals fail to understand is that the US Government, including the Congress, is a part of the Constitution, and cannot change a word in the Constitution without going through the procedures laid out in Article V. However, liberals like Pelosi, Reid, Conyers, and other Constitutionally inept morons like "professor" Obama cannot take the role of constitutional legislator by ignoring, disregarding, or bypassing the instructions laid down by the Founding Fathers in the Constitution. When Congress acts, as they have done by misusing the "welfare clause" or as Conyers put it, the "good and welfare" clause, it is tantamount to shredding the Constitution and acting as they will.

WE the people follow the rule of law or we pay for it. We the people have the God-given RIGHT to demand that an instruction given in the Constitution is obeyed by those who represent us. Indeed, they are obliged to obey it whether the people say anything or not.

"The faithful interpreter must recur to the sense in which the Constitution was accepted and ratified." James Madison.

Thus, it is clear to anyone with a functioning brain that the original meaning of the Constitution must be interpreted under the spirit of the original debate and the original meaning in which it was ratified by our Founding Fathers. Anything else would make the Constitution a blank slate or as Obama called it, "a flawed document."

In summation, the Congress has committed legislative terrorism by using threats, bribes, lies, and backroom deals to pass ObummerKare. How can this be Constitutional when we're taxed for four YEARS before benefits start and taxed for three years AFTER they end? Would you buy a car like that? Paying for it for YEARS before you drive it? No. ObummerKare is nothing more than one big "bill or attainder" aimed at one group of people, US! The Congress is exempted from it. Lord Barry is exempted from it. Congressional Staffers are exempted from it. The Constitution directly and clearly calls such actions "illegal" and since it is illegal, we have no responsibility to follow their edict.

This Congress is guilty of, as the Gunny stated above, committing legislative terrorism. Can they force millions of us to get down on bended knee? Doubtful, even WITH 16,000 IRS agents armed with illegal shotguns (14" barrels). If America rises up and says "HELL NO!" this Congress of scoundrels and criminals can do nothing about it.

Let us speak loudly in November 2010 and eject ALL DEMOCRATS from government for they are the enemy of American freedom. THEY passed ObummerKare and now an enemy of America, Fidel Castro, APPLAUDED it. "The enemy of my enemy is my friend." Castro is an enemy of America and the liberals have sided with him. Can it be any clearer? Liberals are the enemy of America. Let us further speak our minds in November 2012 by ejecting the worst president in our history, even worse than Carter, by sending him back to the sewer of corrupt politics, Chicago, taking his myrmidons like Cass Sunstein, Rahm Emanuel, and the rest of the 60's radicals.


  1. Good essay,Gunny. For far too long,too many in D.C. have for the most part,regardless of party,pretty much ignored this document. ANY candidate MUST be litmus tested on THEIR Constitutional understanding,AND pledge to TRULY uphold their Oath. Enough of this bullshat.

  2. Accurately and articulately put. However the judges on the SCOTUS have been dealing with case law so long, until the ruling on the Second Amendment came out, I wasn't sure they even remembered we had a constitution. I rather doubt they will find on the side of truth and the law of the land on this. But you are also right about voting ALL Dumbycits out! And once we get them out we need to change a lot of laws about conduct and compensation of elected officials. End the practice of lifetime politicians.

  3. These Communist clowns keep goosestepping on like Sherman going through the south,piling up mountains of debt and destruction in their wake,what is their next target?we will find out soon cuz they are working 24/7 to destroy the country.

  4. Nice read, Guns. Got friends who have no clue and they hate all those against the bill. Me included. One of them joined a FB fan thingy-"Rush leave the US. So I asked, "Why? Because he disagrees with what is happening?" I told her I better see if Rush has room for me.

    It's UNCONSTITUTIONAL but those who want a hand-out are never going to see that needs don't equal rights!!!

  5. The libs don't care that the Constitution is the law of the land. They see it as something to work around. Sort of like a challenge issued by their libidiot professor.

    We need to defeat them soundly and then stay on guard diligently.

  6. Best post yet! Gunny--come on by my place at TH I have one up as well. These goons in washington may have fired this shot across our bow BUT I have a history lesson for them---1776 style!!Keep the fire goin Gunny Semper Fi.

  7. Gunny,
    Very good post.Excellent!!
    I have a question. Was it constitutional for them to pass a bill that no one had read? We have the dems on tape saying they didn't read it. Also, we have the dems saying they made up the rules as they go. Constitutional? I mean this along with everything else, we should have a case right??

  8. Mr Gunny I know I am writing for many who are scared to death at what this Democrat led Capitol hill are doing to this great nation. It is WRONG!!I have studied the Haolocust and the comparisons of what led to that and what this "leadership" is doing is shocking!!Please do not fallter in informing America-this November elections are critical for our Constitutional Liberties--God Bless and Semper Fi....Buckeye from OHIO

  9. A Couple of Comments:

    1. The "Bill of Attainder" is also unconstitutional under the "equal protection" clause.

    2. Specifically, what is the need of the IRS for riot guns... or ANY firearms in the prosecution of their duties? NONE! The Treasury already has an armed group to combat American Citizens: ATF!
    Why does the IRS need more weapons??

  10. Hey! Please! We're trying to clean up Chicago/Illinois politics here! Please don't send him back here! I can think of several other much more appropriate places....

  11. theinterface....
    Maybe Yemen will take him.

  12. Anonymous:We are all scared of this lunatic,just look at the damage this idiot has done in one year with 3 to go.

  13. The muslim usurper himself is unconstitutional and his obamacommiecare is the intent of bringing the USA to her knees. This piece of crap should have never been called legislation and brought up for any kind of vote.
    That said from his lowlife hitting the prayer mat photo op with his muslim brethren to his new black panther house official photo says it all....

    Impeach, Remove, Prosecute and Repeal NOW!!!
    I rest my case.

  14. R E:You are on it,Remove,Prosecute and Repeal.

  15. Some good news?

  16. As Jim alluded to, lawyers and judges in our system work on the basis of judicial presidence. In other words, they don't rule based upon laws, but rather their interpretations of the opinions of judges/justices in previous cases that might have something to do with the case before them. That is how Roe v. Wade happened. They took the Griswold case, which somehow found some right of privacy in the Constitution, and defined abortion as something to do with privacy, so it was therefore Constitutional.

    If a previous court really screwed up a case and put their own wishes into their rulings, then current courts can use those wishes as "settled law" in order to rule on current cases, no matter what the Constitution says.

  17. All,

    Great posts. Most notably, Buck is dead on about the ATF and IRS.