Are
You A Constitutional Conservative?
by
Dr. Jimmie R.
Applegate
HYPOTHESIS A Constitutional
Conservative is a Strict Constructionist of the Constitution of the United
States
ARGUMENT During the late 1700’s debates regarding
the Declaration of Independence, Articles of Confederation, the Constitution of
the United States of America and the Bill of Rights, the roles of the people,
the states and the central government were clarified. The rights of the people, individually and
collectively, were paramount and extensive rights were given to the states. The rights of the central, or national,
government were limited to those enumerated in the Constitution and Bill of
Rights (Amendment 10). This federal
democratic form of government was a complete reversal of the European model of
the sovereign right of kings. The
authors of the Federalist papers further clarified the inalienable rights of
individuals. Thus the model of the divine
right of kingship was replaced by a form of government emphasizing rights of,
by and for the people written “by the hand of divinity itself” (Alexander
Hamilton, The Farmer Refuted 1775).
The Constitution and Bill of Rights of the United States of America are permanent documents to be changed only by amendments approved by the people (Article V). These documents place strict limitations on the roles of the Legislative, Executive and Judicial branches of government. These limitations mean legislators cannot pass legislation that violates the Constitution or Bill of Rights; for example, the passage of gun control legislation that violates the Constitution’s 2nd Amendment’s right to keep and bear arms is unconstitutional. Likewise, the Executive branch is required to enforce the laws of the land. In fact the Presidential Oath includes these words, “I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States” (Article II, Section 1). When the chief law enforcement agencies declare “provisional unlawful waivers” to circumvent enforcing the laws regarding the presence of illegal aliens in the United States, that is a violation of law and of the President’s sworn duty to “take care that the Laws be faithfully executed (Article II, Section 3). Or when officers in the Executive branch confiscate earned wealth from some to “equalize” the position of others that is a constitutional violation regardless of what it is called. It may be called a “right” or claimed that it is “fair”, but in reality it is stealing from “makers” to redistribute wealth to “takers” in exchange for power and votes. The Estate Tax is a blatant example of “taxation without representation”. It is outright confiscation of one’s personal property, on which taxes already have been paid, to impose another tax on it upon the owner’s death. It is no wonder that when a property owner is taxed after death the confiscation of personal property is called a “Death Tax”. The creation of an “inalienable entitlement right” mentality by such actions likewise is a potential violation because the increasing demand for entitlements results in increased taxation and other forms of property confiscation to redistribute wealth from those who worked to earn it to those who did not.
The members of the Legislative branch must reduce spending to balance the budget. A necessary first step is to limit the national debt by refusing the demands of the Executive branch to raise the cap on the debt ceiling. If the debt ceiling is not capped the inalienable rights of our children and grandchildren to their “life, liberty and the pursuit of happiness”—the key word here is “pursuit”—as they desire will continue to be stolen to meet the current insatiable demand for additional revenue so we can maintain the good life at their expense.
The members of the Judicial branch are not immune. Activist judges and attorneys who utilize the courts to interpret the Constitution to promote social and political philosophies are just as guilty of violating the Constitution as are the members of the other two branches of government.
Constitutional Conservatives believe in America. They are Americans, the majority of who grew up and were educated in a “melting pot” America. They are Americans, not “hyphenated” Americans. They believe in one America, and the principles that made it exceptional.
The Constitution and Bill of Rights of the United States of America are permanent documents to be changed only by amendments approved by the people (Article V). These documents place strict limitations on the roles of the Legislative, Executive and Judicial branches of government. These limitations mean legislators cannot pass legislation that violates the Constitution or Bill of Rights; for example, the passage of gun control legislation that violates the Constitution’s 2nd Amendment’s right to keep and bear arms is unconstitutional. Likewise, the Executive branch is required to enforce the laws of the land. In fact the Presidential Oath includes these words, “I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States” (Article II, Section 1). When the chief law enforcement agencies declare “provisional unlawful waivers” to circumvent enforcing the laws regarding the presence of illegal aliens in the United States, that is a violation of law and of the President’s sworn duty to “take care that the Laws be faithfully executed (Article II, Section 3). Or when officers in the Executive branch confiscate earned wealth from some to “equalize” the position of others that is a constitutional violation regardless of what it is called. It may be called a “right” or claimed that it is “fair”, but in reality it is stealing from “makers” to redistribute wealth to “takers” in exchange for power and votes. The Estate Tax is a blatant example of “taxation without representation”. It is outright confiscation of one’s personal property, on which taxes already have been paid, to impose another tax on it upon the owner’s death. It is no wonder that when a property owner is taxed after death the confiscation of personal property is called a “Death Tax”. The creation of an “inalienable entitlement right” mentality by such actions likewise is a potential violation because the increasing demand for entitlements results in increased taxation and other forms of property confiscation to redistribute wealth from those who worked to earn it to those who did not.
The members of the Legislative branch must reduce spending to balance the budget. A necessary first step is to limit the national debt by refusing the demands of the Executive branch to raise the cap on the debt ceiling. If the debt ceiling is not capped the inalienable rights of our children and grandchildren to their “life, liberty and the pursuit of happiness”—the key word here is “pursuit”—as they desire will continue to be stolen to meet the current insatiable demand for additional revenue so we can maintain the good life at their expense.
The members of the Judicial branch are not immune. Activist judges and attorneys who utilize the courts to interpret the Constitution to promote social and political philosophies are just as guilty of violating the Constitution as are the members of the other two branches of government.
Constitutional Conservatives believe in America. They are Americans, the majority of who grew up and were educated in a “melting pot” America. They are Americans, not “hyphenated” Americans. They believe in one America, and the principles that made it exceptional.
SUMMARY Constitutional Conservatives believe
in the principle of government by and for the people. They hold dear the principle of a small
central government with powers limited by the Constitution. They believe what is earned belongs to those
who have worked to earn it, and that it is the property owner’s right to
determine its disposition be he alive or upon death. They believe in assuming responsibility for
the consequences of what you do or do not do.
And Constitutional Conservatives believe in living within available
revenue. They believe we have a spending
problem and not a revenue problem. They
oppose ever increasing forms of taxation, confiscation of private property, the
forced redistribution of wealth and raising the debt ceiling. Constitutional Conservatives are Strict
Constructivists of the Constitution and Bill of Rights. They believe these documents only can be
changed by amendments approved by the people.
These principles are sacrosanct. They are not to be interpreted, abolished or diluted to fulfill “politically correct” promises or actions. And they are exceptional, just like America and Americans.
These principles are sacrosanct. They are not to be interpreted, abolished or diluted to fulfill “politically correct” promises or actions. And they are exceptional, just like America and Americans.
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