Posts Tagged ‘constitution’

The growing list of some 250 sheriff’s around the country willing to resist the illegal Federal crackdown on private ownership of firearms is heartening. The problem is there is not much foundation for this resistance based on the authority of the U.S. Constitution.

Oath Keepers is an American nonprofit organization that advocates that its members (current and former U.S. military and law enforcement uphold the Constitution of the United States should they be ordered to violate it.  The Oath Keepers’ motto is ‘Not On Our Watch.”  And their stated objective is to resist those actions taken by the U.S. Government that overstep Constitutional boundaries.

That entire paragraph is a direct quote from the Oath Keepers website.  MythBusters is grateful for the work of Oath Keepers and wish them success in mobilizing resistance to the encroaching Federal tyranny.    The appeal for passive resistance is the first line of defense.

Anything more than that at present could get you in big trouble under the Constitution.  MythBusters initial reaction was that Oath Keepers’ appeal to the U.S. Constitution could ultimately be turned against them.  This is because the Constitution handed over almost all defense-related powers — including the militia — to the Federal government.

Myth:   Local jurisdictions, especially the county sheriff, are authorized by the Constitution to organize armed resistance against the Federal government.

This myth showed up last week in our mail box in a letter from the Council On Revival.   COR is a group devoted to the noble goal of a 24-year Master Plan For Rebuilding America.  Unfortunately, they also are attempting to build on the sandy foundation of the United States Constitution.  This sentence caught our eye:

“Hopefully such confrontations will not arise, but the probability of a tyrannical, socialistic government (if it degenerates to that) attacking citizens in any county would be GREATLY REDUCED if even 60% of all U.S. counties had their own “well regulated militia” armed and ready to fight to the death if necessary for their God-given, constitutional rights.”

MythBusters began this investigation with a careful reading of Article I of the United States Constitution.  We came away with several key observations.  First, only Congress, not the states is authorized “to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions.”  Later Article I says that “No State shall, without the consent of Congress … keep troops, or ships of war in time of peace…or engage in war, unless actually invaded….”

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The only thing the states can do is 1) appoint the officers and 2) train the militia as specified by Congress.   This seemed to confirm our initial hunch that the plan outlined in the previous paragraph may not be legal under the United States Constitution.

But we decided to dig deeper.  Here’s a little project for you.  Read through Article I of the U.S. Constitution and write down all the powers related to defense that the states gave away to Congress.  Never mind, MythBusters did it for you.  Here’s the list of supposedly “limited powers” related to defense that “we the people” turned over to the national government in 1788.

Congress has authority to:

  • To lay & collect taxes…for the common defense
  • To declare war….
  • To raise & support armies
  • To provide & maintain a navy
  • To make rules for the government and regulation of the land and naval forces
  • To provide for the calling forth the militia

1)      to execute the laws of the Union

2)      to suppress insurrections

3)      to repel invasions

  • To provide for organizing, arming, and disciplining the militia
  • To provide for governing such part of them  [the militia] as may be employed in the service of the United States
  • To make all laws which shall be necessary & proper for carrying into execution the foregoing powers, and all powers vested by this Constitution in the government of the United States

States have authority to:

  • Appointment of the officers [of the militia]
  • Training the militia according to the discipline prescribed by Congress

States are specifically forbidden to:

  • … keep troops, or ships of war, in time of peace
  • …engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

The central government has 13 positive powers related to “defense,” compared to the states two positives and two negatives.  Do the algebra and that is 13 to zero in favor of the central government.  They are no doubt smirking, “All of the power related to the militia belongs to us, but we’ll let you do all the heavy lifting of training them for us.”   What a deal!

According to the Constitution the states can’t even defend themselves without permission from the Federal Congress.  It would appear that anybody relying on the United States Constitution for defense against Federal tyranny needs to readjust their thinking cap.

The Bill of Rights never repealed the above powers.  Does the 2nd Amendment’s call for a well-regulated militia, overturn the power delegated to Congress in Article I for “organizing, arming, and disciplining the militia…”?   We don’t think so.

Conservatives like to boast that these are part of the “limited, delegated powers” that were granted to the Federal government in Article I.  Everything not listed here is reserved to the states or to the people.  Very comforting.  The big question is, what is not listed here?   Certainly not the right to regulate the militia.

Try this test:  you have 1 minute to write down 1 legitimate, Biblical power of government that is not included on the list in Article I.  OK, time’s up………Maybe you need more than a minute?

Unfortunately, the Constitution doesn’t allow for the well-regulated militia to be “organized legally under one’s own county sheriff or state governor,” as COR would like to believe. This is one of the main reasons that Patrick Henry so adamantly opposed the Constitution in the Virginia Ratifying Convention.

As he stated on June 9, 1788: “Are we at last brought to such an humiliating and debasing degradation, that we cannot be trusted with arms for our own defense?…. The power of arming the militia, and the means of purchasing arms, are taken from the states by the paramount powers of Congress….”

Case Closed:  Oath Keepers and COR are asking former government officials to honor their oath to defend the United States Constitution against all enemies foreign and domestic.  They could get what they ask for:  Under the Constitution they themselves might be declared domestic enemies for trying to mobilize and encourage the states to “keep troops, or ships of war, in time of peace.”

This is why Patrick Henry said of the proposed Constitution, “I despise and abhor it.”   Better to appeal to the “higher law” of God in the Bible.   We can only conclude that God’s judgment is descending on this nation precisely because this covenant-breaking Constitution has rejected that very law.  MythBusters Rating:  Yellow Flag (caution) to Oath Keepers and COR for their dangerous reliance on the U.S. Constitution.

The media uproar over Mitt Romney’s hapless comment that the 47% of Americans who pay no income tax will vote for Obama is close to the heart of what really ails America.

Although Mitt Romney didn’t carry it this far, we are approaching that point in the Hegelian dialectic where Democracy self-destructs.  Ann Coulter, writing in World Net Daily, drew the obvious conclusions:

“Thanks to the myopia of our one-party media, most journalists are firmly convinced that voters will be appalled by Romney’s description of 47 percent of Americans as supporting Obama because they pay no income tax.

But the only people shocked by Romney’s statement of fact are those who would never vote Republican under any circumstances. Everyone else is saying, “Is it really as high as 47 percent?” – as the media impotently shouts, “No, you idiot! That’s not the point!”

There’s going to come a time, in the not-distant future, when it’s 51 percent paying no income tax. And when that happens, the party of big government will never lose another election. “

In spite of this logical fact of political life, many Christian conservatives continue to insist that America was established as a republic.  As usual, the discrepancy between the mythical past, and present poor performance is held to be an alleged departure from the original intent of the founding founders.  The latter have attained near demi-god status in the eyes of most Christian conservatives.

Myth:  Because the founding fathers established America as a republic, it is incorrect to refer to American government as a democracy

The initial step in this MythBusters’ investigation was some historical reflection.  We first noticed that Mitt Romney’s observation was nothing more than a restatement of a famous quotation, over 200 years old.

The Evils of Democracy

“A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury.  From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship.”  Alexander Tytler, a Scottish born British attorney.

It is true that the Founding Fathers did claim to “guarantee every state in this union a republican form of government” (Art. IV).  But we noticed that the guarantee does not explicitly include the national government itself.

The Constitution gives the impression – on the surface at least – that its structure is designed to impose republican limits on government power. The three branches are said to check and balance each others’ powers.  And the federal form is supposed to give Congress limited, delegated powers, with all others reserved to the states.  Legislators are elected to represent their constituents, which is the key feature of a republic

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Moreover, other statements of the founding fathers indicate a clear distaste for democracy.  For example,

  • “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself.” — John Adams
  • “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!” — Benjamin Franklin
  • “A democracy is nothing more than mob rule, where 51% of the people may take away the rights of the other 49%.”  — Thomas Jefferson
  • James Madison called democracy the “tyranny of the majority”

Added to this is the testimony of scripture when Korah issued a democratic challenge to Moses:  “…You have gone far enough, for all the congregation are holy, every one of them, and the Lord is in their midst; so why do you exalt yourselves above the assembly of the Lord?” (Num. 16:3).

God was less than impressed by this Democratic argument.  In fact, He was barely restrained from destroying the entire congregation, but instead opened the earth to swallow Korah alive and all that was his.

Republican Skeleton, Democratic Heart

Nonetheless, whether the founders intended it or not, MythBusters research found that  government created by the United States Constitution is democratic at its core.  Democracy is by definition “a system of government of the whole population” (Oxford American Dictionary).   In a pure democracy the people vote on every issue and the government draws its authority from the body of the people rather than from God.

By contrast, a Biblical government would acknowledge its authority to be from God alone.  “…For there is no authority except from God, and those which exist are established by God” (Rmn. 13:1).

The founders  relied heavily on John Locke and Locke denied the verity of the above verse in his chapter “On the Beginnings of Political Societies” in the “Second Treatise of Government.”  Locke asserted “…that which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of a majority to unite and incorporate into such a society.  And this is that, and that only which did or could give beginning to any lawful government in the world.”

Locke calls this the social compact or social contract.  Notice that it is founded exclusively on the consent of the majority — “that and that only.”  As noted above this is the essence of Democracy.

The preamble of the U. S. Constitution matches this template exactly when it affirms that “we the people…do ordain and establish this Constitution….”  Democracy is affirmed, God is thereby rejected, and all the trappings of Republicanism in the end come to nothing.

Case Closed:  While the Constitution may have the skeleton of a republic it has the heart of a democracy.  It is the heart that controls.  It is a heart not governed or limited by the law of God.  Every republican restraint will be undermined and evaded until all that is left is the individual against the raw power of the state, embodied  in the majority.

Mitt Romney is faced with this stark  reality.  History MythBusters concludes that the myth America was established as a republic is a half truth at best.  The only escape from the inevitable “followed by a dictatorship” is to humble ourselves as a nation under the mighty hand of God and return to his law in our system of justice.

HistoryMythBusters is pleased to announce creation of our sister BLOG at ConstitutionMythBusters.WordPress.com.  Although the site is not yet officially open, it is now possible to visit and view a petition to God which we believe to be of critical importance at this moment in America’s history.

There will soon be an opportunity to add your name online at the BLOG and join with thousands of other Christian Americans in this corporate act of contrition and commitment to return to the law of God in our national life.  You may view the Confession & Petition in its entirety by clicking on the link below:

CONFESSION OF GUILT & PETITION FOR FORGIVENESS

IN THE MATTER OF OUR FOREFATHERS’

RATIFICATION OF THE UNITED STATES CONSTITUTION, 1788

We the undersigned do hereby confess our culpability and acknowledge our complicity in giving assent and endorsement to the United States Constitution, ratified in 1788. We beg forgiveness of Yahweh Almighty God, the one and only King of kings and Lord of lords, for this sedition against Him and this rebellion against His kingdom in rejecting His law and replacing it with a human code devised from the framers’ own imagination.

MythBusters Case#8 explained our discovery that prayer and fasting is futile apart from such a corporate, oath-bound commitment to return to the law of God.  Such an act of corporate repentance is modeled for us at Nehemiah 10: 28,29:

“…all those who had knowledge and understanding, are joining with their kinsmen, their nobles, and are taking on themselves a curse and an oath to walk in God’s law, which was given through Moses, God’s servant, and to keep and to observe all the commandments of God our Lord, and His ordinances and His statutes.”

A summary of the critical flaws in the United States Constitution may be found at MythBusters Case#12.   There it was demonstrated that the United States Constitution is a secular social contract between men that excludes God and any obligation to His law.

Coming soon is a detailed table, comparing over 75 points at which the United States Constitution contradicts the Bible.  Pastor Ted Weiland has published a new book entitled “Bible Law vs. the United States Constitution” that documents these fatal flaws in great detail.

ConstitutionMythBusters will be devoted to exploring these fatal weaknesses.  There is also considerable information along this line at our mother website, which may be accessed by any of the tabs above, in particular the “American Covenant” Tab.

“If My People….” Is a newly released booklet on prayer and fasting described as “A 40-Day Prayer Guide for the Nation:  The Only Thing That Will Save Us!”

The booklet is further described as a guide for “believers on a 40-day prayer journey in the spirit of 2 Chronicles 7:14.”   It is assumed that God will be moved to action on behalf of the nation by an outpouring of prayer and fasting from the church.

There’s only one catch.  It’s recorded in Proverbs 28:9 – “He that turneth away his ear from hearing the law even his prayer shall be an abomination.”

MYTH:  If only we will fast and pray hard enough and long enough, God will heal America and save her from certain destruction.

The church in America has rejected the law of God as delivered by Moses and no amount of prayer and fasting, in and of itself, will overcome that corporate act of rebellion.  As a general rule the church considers itself “not under the law” as the rule of life and standard of practice.  To be sure, a degree of homage is paid in most evangelical churches to the Ten Commandments as recorded in Exodus 20.

But that’s usually as far as it goes.  The Mosaic judicials, that follow immediately in Exodus 21-23 are treated with hushed embarrassment by the church.  This section of scripture is virtually never expounded and seldom referenced in sermons on other topics.  These are the specific statutes (laws) and ordinances (penalties) that give definition to the Ten Commandments, but the church has rejected them as “fulfilled in Christ.”

This is nothing new.  God’s complaint against Israel was that His law was treated as a strange thing.  “Though I wrote for him ten thousand precepts of My law,: wrote the prophet Hosea, “They are regarded as a strange thing” (Hos 8:12).

When the church fails to honor and teach the law of God, the broader culture is quick to follow suit.  In the legal realm the vacuum is quickly filled by manmade laws that are of necessity tyrannical.  This is because any departure from God’s perfect law of liberty is a move in the direction of less freedom and more repression.

Rarely in the Old Testament prophets do we see God calling His people to prayer and fasting.  Almost always we find Him calling them to return to His law.  On those rare occasions when he does call for prayer, it is in the context of a return to His law.  In any other context, God regards prayer as futile at best and disgusting at worst.

Consider this passage from Hosea in which the people of God have been crying to God on the basis of their special relationship as His people.  God rejects their prayer and fasting and consigns them to judgment.

“…Because they have transgressed My covenant, and rebelled against My law.  They cry out to Me, ‘My God, we of Israel know Thee!’ Israel has rejected the good; The enemy will pursue him” (Hos 8:1-3).

 God Rejects Prayer

Likewise, the opening chapters of the book of Amos consign Judah and Israel to judgment for rejecting His law.  The indictment against Judah is a general rejection of the law, including the “statutes” – the specific laws that are spelled out in Exodus 21-23.  The indictment against Israel is more specific, detailing particular violations such as incest, kidnapping, and usury (Amos 2: 6-8).

For three transgressions of Judah and for four I will not revoke its punishment, because they rejected the law of the Lord And Have not kept His statutes….” Amos 2:4).

 A little later in the book Yahweh declares His hatred for the prayers of their solemn assemblies.  He rejects the pleasant sound of their music as “noise.”  Why?  In one of the most poetic passages of the Bible God declares His preference for practical justice in the public arena over and above religious observance divorced from real life.

 “I hate, I reject your festivals, Nor do I delight in your solemn assemblies  Take away from Me the noise of your songs; I will not even listen to the sound of your harps.  But let justice roll down like waters and righteousness like an everflowng stream.” (Amos 5:21,23,24)

God Rejects Loud Prayer

Micah likewise reveals God’s attitude toward loud prayers, when the counsel of His law in the realm of the king has been neglected.  This complaint sets the stage for the famous passage in which God declares His preference for public justice as a true demonstration of kindness to our fellow man and humble devotion to Him

Now, why do you cry out loudly?  Is there no king among you, Or has your counselor perished….” (Mic 4:9).  “With what shall I come to the Lord and bow myself before the God on high?  …He has told you, O man, what is good; and what does the Lord require of you but to do justice, to love kindness, and to walk humbly with your god?”

Instead, God is bringing judgment upon them (v. 14,15,16) because they have substituted the laws of Omri (5th king of Israel) and the grandeur of Ahab’s government monuments for the justice of God’s law (v. 16).   Even as America has exalted her Constitution “and the laws of the United States made in pursuance thereof as the “supreme law of the land” (Article VI, Par, 2) over and above the law of God.   Christians in general are blind to this great offense against true justice defined by the law of God; in fact they usually applaud it.

There are no end of examples.   The prophet Habakkuk was perplexed as to why God would not answer his prayer.  Once again God’s response was that “the law is slacked and justice is never upheld”

How long, O Lord, will I call for help, and Thou wilt not hear?  I cry out to Thee violence! Yet Thou dost not save….the law is ignored and justice is never upheld.  For the wicked surround the righteous; therefore, justice comes out perverted” (Hab 1:2,4,7).

Esoterics, the compromised, backsliders, and the irreligious in Jerusalem are all alike commanded to be silent before the Lord by the prophet Zephaniah (Zeph. 1: 5-7).  Prayer is ineffectual for all who reject the law of God.

And those who bow down on the housetops to the host of heaven (esoterics), and those who bow down and swear to the Lord and yet swear by Milcom (compromised), And those who have turned back from following the Lord (backsliders), And those who have not sought the Lord or inquired of Him (irreligious).  Be silent before the Lord God!

Religious syncretism is a great danger.   There are many in America today who appear to be following the Lord, but have not forsaken idolatry.  They swear by both the Lord and Milcom, who was the national god of the Ammonites.  Milcom represented state power.  Milcom worship is rampant in America today in government schooling, in government “welfare”, in unbiblical patriotism that endorses a military empire abroad.

There is also a form of “fundamentalism” that endorses these things by its pietistic indifference. A preacher can preach through the entire book of Nehemiah and never once make the obvious national applications to rebuilding the wall of public justice.  Everything is personal and pietistic and Milcom is enthroned by default.

By contrast are those who “Seek the Lord, all you humble of the earth who have carried out His ordinances….” (Zeph.2:3)

Case Closed:  When the time comes for action, God is not moved by prayer when His law is being ignored.  MythBuster Rating:   Upon investigation “If My People….”  is awarded the HistoryMythBusters Yellow Flag for perpetuating this myth.

The time for action on the part of the American church is long overdue.  When Moses came to the Red Sea he prayed for a miracle.  “Then the Lord said to Moses, ‘Why are you crying out to Me?  Tell the sons of Israel to go forward’.”

Our backs also are to the wall.  It is time for Christian Pastors and laymen alike to “go forward” to their local magistrate and lead them in a return to the law of God and its just requirements in the legal system of the state.