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They’ve Blown a Hole in the Constitution; So, Let’s Drive the Freight Train of Liberty Right Through It!

Apparently, there are no limits to Congressional power.

Chief Justice John Roberts airily pronounced last week, with as much erudition as a man from LaPorte, Indiana can (–and who grew up on the Mickey Mouse Club and Howdy Doody) that, well, whatever Congress wants, Congress gets.

If Congress deigns to pass a law that we all must wear conical brassieres, and skip about to old Madonna records, well, who is the Supreme Court to rule on the “wisdom of our political choices”? Evidently, the Executive Branch is the only one that can act in an unconstitutional manner– and only then if their name is “Richard Nixon”.

So, then, let’s take that ball and run with it.

Yes, yes, when the conservatives take and hold the House– and they will– we must repeal Obamacare. That is a given. But, when conservatives take the Senate– and they will–, the work to reclaim and reinvigorate our magnificent Nation will begin in earnest.

And we must be ready on January One, at one second past midnight, to hit the ground running with thundering passion.

I read a dismal, dreary interview with Rob “White Bread” Portman (R, Somewhere), wherein he was dithering and fumbling about how, well, you know, we probably won’t be able to repeal Obamacare. Kinda like, you know, we can’t really change the earth’s rotation on its axis. We kinda hafta work, you know, with the Democrats.

Bullcrap. Run over ‘em. Steamroller the bastards. If enslaving the American people to a medical autocracy was important enough to shred the Constitution and spit on two centuries of parliamentarianism, then it ought to be important enough to us and our fellow patriots to follow the same course in restoring some measure of Liberty.

I know: There will be the ever-sweating likes of Mitch McConnell and his fellow sob-sisters wringing their hands that we Republicans don’t act that way. No. We are the ones that worry and fret about acting gentlemanly, while Chuck Schumer is plotting his next assault on America, and lining up the hit-men to take us down. He fights. We fret.

To heck with that. If America sees fit to restore the Congress to Republican Party it is because they want action. Now. Real, discernible action. Real, knowable results. We don’t want square dancing with Harry Reid. We don’t want lessons in political elocution. We want these parasites crushed.

Politically speaking, of course. And, if we don’t get the results we demand, I predict the end of the Republican party. There will be no third chance.

The new Conservative Republican Congress should have law upon law at the ready, cover-pages open, to uproot the Regulatory State, take down eighty years of truly evil court precedent, and roll back the steady march of leftist statism.

And then, when the radical leftists howl like stuck pigs, they can run home to Mommy at the Supreme Court, where they will tell them..

Sorry, Charlie. Congress does what Congress does. We aren’t here to “Pass Judgement on the wisdom of our Political Choices”.

What would such laws look like? Well, I have a few suggestions:

Start with Judicial Reform. While Newt Gingrich’s proposal to subpoena federal judges to testify before Congress may be a step too far, expanding the number of Federal Circuit Courts is long overdue. And, with each expansion comes an additional Supreme Court justice. We should add at least three new Circuits, and two or four Supreme Court justices. And each of the vacancies created throughout the judiciary should be filled with originalist jurists, who are known to uphold the original intent of the constitution, consequences be damned.

Yeah, yeah, I know. Leftists and the David Frum Right will howl “Franklin Roosevelt tried to Pack the Court!”. Let ‘em howl. There were 130 million people in the United States when FDR made the attempt. The nation has more than doubled in population since then, and the backlog of speedy jurisprudence is getting out of hand. And, the immense power that now devolves upon the shoulders of only nine Supreme Court justices is untenable.

Also, congress should immediately statutorily remove the standing that Congress gave to environmentalist activist groups to sue in federal court on the public behalf. They are the source of much of the mischief that’s occurred in concert with the EPA. Frankly, most patriotic conservatives resent the Environmental Defense Fund, the Sierra Club and other malcontents suing the federal government in their name.

At the same time, congress should be hip-deep in Executive Department Reform. It goes without saying that the Energy Department, the Education Department, and the Commerce Department can all be eliminated, and the few critical functions they now perform can be sent back to their original bureaus. HHS used to be HEW, and it could be so again. Many of the functions of the Energy Department resided in the Interior Department and the Defense Department. Get rid of the rest of the useless paper-pushing, and explain to the American People that this is exactly what you are doing.

And, we should create a new Executive Level Department: The Department of Liberty and Economic Freedom.

Why should Executive Level Departments only address radical Leftist causes? Where are the departments that advocate the concerns of entrepreneurs, inventors, private property owners, and so on?

By statute (which can no longer be challenged for their “wisdom” at the Supreme Court), the Department would be a watchdog on the Federal Government, making sure that any new regulation proposed by Federal Government be studied line by line, word for word to insure that it causes no harm to the individual or his sovereign rights. Further, these Economic and Liberty Impact Studies would, by new statute, trump environmental, workplace, accessibility, or discrimination “concerns”. For far too long, the patriotic right has yielded the moral high ground to these lesser concerns, when, if the rights and liberties of the individual are truncated, everyone is poorer as a result.

And immediately, a full-scale bicameral inquiry into the actual fiscal state of the nation needs to be conducted, so we have hard numbers on debt, deficit, unfunded obligations, outlay projections and so forth. We need a world-class Joint House and Senate investigation into fraud, abuse, waste and institutional malfeasance inside the Federal Government. The long term solutions to the daunting fiscal task can only be understood if we know what the questions are.

A complete investigation into the possible crimes committed by the Obama Administration needs to be conducted, as well. Yes, such proceedings might have the odor of retribution, but so be it. It is critical for accountability in governance to get the absolute bottom of everything from the Joe Sestak matter, to the hell-hole that was the likes of Solyndra and Solar Trust, to Fast and Furious, and the entire putrid pit that is the Holder Justice Department.

If Mitt Romney isn’t up to the task, we must force him to be up to the task. Again, if the electorate sees fit to hand the reins of power back to the Republicans, it won’t be because we were awe-stuck by Karl Rove and his Magic White Board. He needs to know this, with every donation check sent to his campaign. We did it because we want our country back. And you don’t negotiate, or dance, or play footsie with the very people that took us to the very brink to begin with. You trample them.

Remember: The Democrats and Obama did it to us first. When, precisely, were the Republicans brought into the “healthcare” debate? Ever? No, –and they weren’t invited because everyone knew they were opposed to the very idea, just like the Democrats will be opposed to any attempt to reign in the Federal Government. Radical Leftists like today’s Democat Party are biologically programmed to oppose that.

They won’t be impressed, anyway, with any displays of Marquis of Queensberry Rules. They detest Republicans, and John Boehner wearing a nice cologne won’t change that.

And anyway: What Congress now wants, Congress now gets.

 

COMMENTS

  • checkmate2012

    Everything in the entire gov’t needs to be audited top to bottom. Mostly all regs and don’t forget to eliminate the EPA.

    Also, no agency shall be allowed to implement rules, policies, regs without a vote by Congress, perhaps based upon dollar amount. Congress should curtail and define the scope and purpose for any departments that are left standing to ensure they are Constitutional.

    Lastly I’d add that a hefty daily fine be placed on the House or Senate members for every day that they don’t pass a budget on-time and that a budget can’t be more than revenue. Simple simon rules.

    If only I could shorten your posting name-lol!

  • dudette

    and a way to remove illegal “recess” appointments.. We need teeth in our rules as we have seen watching this parasite in the oval office

  • AceInTX

    I read a dismal, dreary interview with Rob

    • AceInTX

      I applaud you sir

      Bravo!!!

  • trimulchio

    ANYTHING it wanted under teh taxing power since 1937, when citing Justice Storey’s Commentaries on the Constitution, held that Congress can tax and spend for the “general welfare” in US v. Butler.

    To add insult to injury, not only are Justice Storey’s Commentaries only persuasive authority, they are directly contradicted by teh Federalist Papers on this topic.

  • http://impudent.edublogs.org/ kyle8

    how silly all this sounds. How the hell will conservatives accomplish any of these things? First we would have to have a filibuster proof majority in the Senate. But that is AFTER we have kicked out about half of the Republicans who are already there.

    There will be no Obamacare repeal, that is a metaphysical certainty. The Stupid Party will tinker at the edges and claim they fixed it.

    In fact if we get a Republican Majority in both houses as well as the Presidency this is what I expect to see. An even bigger budget, and more centralized federal power.

    I base that prediction on the past, The best indicator of a persons future behavior is to look at their past behavior.

    • conservativecurmudgeon

      Guerrilla Parliamentary Tactics, my boy. Guerrilla Tactics. Use whatever means are at hand to reach cloture– Getting the Dems so stinkin’ mad they walk out, ala Madison, circa 2010 comes to mind…

      Whatever Congress Wants, Congress Gets.

      Now, there’s no doubt that the Republican Party is made up, in large measure, of Pantywaists. But, we seldom know we are in hinge-critical moments in history until they have passed. I have an inkling we are in such a moment. Maybe the roar the GOP hears from the hinterland that WE DON’T WANT ALL THIS DAMNED GOVERNMENT will wake them from their stupor, and it might — just might–, sink in.

      Otherwise, as I say, the GOP is doomed. Doomed.

    • Joliphant

      Once the government gets its hands on money it doesn’t let go. So far nothing the conservative movement has tried shows much success in holding our people’s feet to the fire.

      On the plus side we do actually have our people voting no more often than theirs. The question I have is are they doing it because they know it won’t matter ?

  • WmCraig

    While I like your enthusiasm, why complicate the issue with a bunch of reforms that can be morphed into meaningless drivel.

    Repeal the 16th Amendment, cut off the funds. Give the power back to the states to control government spending. You and I can, no one can, not even the biggest corporations can stand up to the government

    And for the record, the power to tax that Robert’s sites is the 16th Amendment. Part of the three Amendments that came with Woodrow Wilson, including the 17th and 18th. It seems to me they have all worked out about as bad for us as the last amendment and should be fixed the same as the last too.

    Let the states deal with getting the money, applying it to THEIR domestic agenda, and provide funding to the federal government for the rather narrow and small area of responsibilities that they it is supposed to manage.

    Without the cash, Washingoton won’t have much power to do much of anything.

    Why even a serious threat to repeal the 16th amendment could make believers our of the Wishy Washington Wahoos.

  • renny

    ability to tax.

  • johnconradarens

    We are probably stuck with Roberts now for the next 20-30 years, and he will drift further left as time goes on. Ginsberg will announce her retirement as soon as it’s obvious the Obama will lose, and he’ll try to appoint another liberal before he leaves. We now need three conservative justices to start making some headway.

    • Charles Cianfrocca

      There’s no reason a nomination has to be approved as soon as it is made. Maybe I’m being a cock-eyed optimist, but I don’t think it is quite impossible that even a bunch of pansies like the Republicans in the Senate could hold up an SC appointment in freaking October right before a presidential election… How much excuse could they need to slow down as naked a liberal power grab as a resignation under THOSE circumstances?

      Furthermore, a Ginsberg resignation late in the game on the basis that SHE knows the Bamster is going down is an event to politically exploit for all it’s worth. Use it in ads to run up the margin in the Senate. Hang it around the neck of every Democrat down to dog catcher.

      Hold any nomination up until after the election. Say you’re investigating. It’s not like GOP nominees go through the Senate like s*** through a goose, is it? And after we win the Senate, then hold it until January on the grounds that the people have spoken. C’mon, guys, cowboy up. We can win this!

    • Bill S

      …that a SCOTUS nomination will go through the Senate before the election. No way. And why should Ginsburg hurry? There’s a second swing vote and the Left knows he can be intimidated.

      • johnconradarens

        to do ANYTHING to hold her seat for the libs. Did you read her dissent in the Obamacare case? She’s a lunatic.

        Don’t forget: She could have an “episode” at any moment, resign by the end of the month, and this would give the nomination and confirmation process nearly a full four months to wind through the Senate: The libs only need a week or two to ram it home. And believe me, I bet they are talking about this right now, especially with losing the senate a live prospect. I’ll bet there’s even complete dossiers on the table right now for the nominees.

        There’s probably some 35-year old Ivy League woman professor who represents Hamas in her spare time, or some such, waiting in the wings

        The libs are political terrorists. They fight to win.

        • Bill S

          That doesn’t mean the GOP will allow a nomination to go through. McConnell has already invoked the Thurmond/Leahy rule on judicial nominations. Ain’t no way they allow a SCOTUS nomination through. McConnell may be stupid, but not that stupid.

          • johnconradarens

            And, of course, Ginsberg can (and has hinted) she could resign at any time. She doesn’t need a reason, but her failing health would give her a plausible quick exit.

            And, since when does Senate Protocol apply to the likes of Harry Reid and Chuck Schumer?(who set off the Nuclear Option Vis-a-vis amendments, and hasn’t passed a budget in three years). These people despise the constitution, and tradition even more. As I say, they fight to win.

            And the GOP has no way to stop a nomination, anyway. Most of them have already gone on record opposing the filibustering of Judicial nominees, anyway. McConnell ISN’T stupid. He’s weak.

            All the more reason that I agree completely with the diarists call for judicial reform being a priority.

          • Bill S

            He’s not reliable, but he does have limits.

            The Thurmond/Leahy point was meant to illustrate the prevailing attitude on confirmations, not to say it applies in this case.

            Even if you were to assume they would be dumb enough to even consider it, the logistics would land the confirmation in the dead center of the campaign season. Even the Democrats wouldn’t want to have their butts planted in DC when they’re supposed to be out getting votes.

            Will. Not. Happen.

          • civil truth

            Especially the scenarios involving recess appointments of judges and perhaps even a Justice, gambling on retaking the Senate in 2014. We’d better pray the SCOTUS conservative four stay healthy through Jan 20th.

          • Bill S

            Even had a Dem-controlled Senate and Judiciary.

            Didn’t work. Won’t work now either.

          • civil truth

            But Obama has already gone where no President has gone before regarding “recess” appointments – as well as the Senate Democrats in their overturning of precedents. We just need to be prepared and avoid unforced errors.

          • johnconradarens

            in the middle of the lame-duck session? That alone gives them two unfettered months.

            I put nothing past these people. Do you honestly think they will let the health of Ginsberg, and the age of Breyer just pass them by? This is the modern Democrat party we are talking about. The High Court is their last defence, and they wouldn’t leave it to chance. I think Obamacare demonstrated just how venal these libs are. They stop at nothing. As Pelosi said, They climb the fence, pole vault over, parachute in, whatever it takes to cement their agenda. Nothing drives them off-center. Nothing, nothing, nothing.

  • littlehouse18

    Besides, retribution is all they understand anyway. Kinda similar to radical Islamists.

    They made the rules up as they went along, we do the same.

  • jpmhofct

    This is the attitude that must emerge and BE carried into ACTION!

    This administration and the unfortunate history of Government growth demands a RADICAL U-TURN.

    Democrats and Rino’s who have allowed the growth of government authority to impose the ‘TAX AND SPEND” damage that unless reversed will lead to a complete “transformation” to a totally unacceptable future for America.

    There must be DRAMATIC AND IMMEDIATE shrinking of the excessive power exercised by “EXECUTIVE BRANCH” departments that seem able to establish law by ‘EXECUTIVE ORDERS” or “REGULATIONS”.
    Eliminating those that are most offensive as listed in this diary will remove immense cost to the tax paying citizens who they bleed with increased Taxes and debt burdens.

    In addition, I believe we also must remove the power to reduce the value of our currency must from the FED.

    There will need to be a massive defeat of the Radical, Liberal, Progressive Democrats and Rino’s in both the House, and even more ctitically, the Senate so as to push Romney who must win the Presidential election or we are not going to be able do do anything meaningful to stop this disasterous trend.
    If we are able to achieve significant change in membership in Congress they must then act immediately to remove the current leadership to get the more toughminded leaders that will be required to change the course of this federal government and reign in the debt and not just slow down the growtrh but shrink Government and its cost and power. LET US PRAY!

  • jpmhofct

    The other point made oin this diary is also absolutely right onjh! THAT IS -IF SUCCESSFUL- CONSERVATIVE OFFICE HOLDERS WHO TAKE CONTROL OF GOVERNMENT MUST INITIATE CRIMINAL INVESTIGATIONS OF OBAMA ADMINISTRATION CORRUPT ACTIVITIES.

    Remember the initiation of investigation of CIA activities in response to terrorism undertaken upon theirt aking office!

    Payback is deserved as well as absolutely justified! I believe that “Fund Raising ” (BRIBES) “quid for quo” actions of Obama are almost surely going to be found AND PROVED..
    Holder is clearly a criminal. Remember the VP staffer and Martha who “lied” and were convicted?
    CAN ANYONE BELIEVE HOLDER DID NOT LIE TO CONGRESS AND OBAMA’S “executive privaledge” COVERED UP .

    AS I RECALL NIXON WAS DRIVEN OUT FOR COVER UP OF A FAR LESS DAMAGING TO THE COUNTRY ACTIVITY OF HIS CAMPAIGN ..
    Suits against states, refusing to enforce laws( illegal immigration and DEFENSE OF MARRIAGE) using military without approval of Congressional action in Lybia .
    I’m sure there would be more with respect to Obama’s records (birth documentation, scholorship or tuition basis of his his Education and SS travel recvords etc. )

    SUCH AN AGGRESSIVE CHALLENGE IS NECESSARY TO EDUCATE AMERICA AS TO THE EXTENT OF THE BLINDNESS OF’ MAIN STREAM MEDIA’ AND THEIR BLANTANT REFUSAL TO “VENT ” THIS UNQUALIFIED AND NEXPERIENCED RADICAL.

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