Judge Napolitano’s “The Constitution and Freedom,” Part 2: The Congress

Why the 14th Amendment, specifically Section 3, should be cited by ‘we the people’ when we decide to vote [all but one of] the bums out:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

All of the elected officials have sworn an oath to office, but what did the Founders mean when they said, “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”?

Rebellion in this context would be “a refusal of obedience” to the Constitution. For example, the responsibilities of the Congress are listed in Article 1 Section 8. These are the enumerated powers of Congress.

  • The Congress shall have power To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
  • To borrow money on the credit of the United States;
  • To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
  • To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
  • To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
  • To provide for the punishment of counterfeiting the securities and current coin of the United States;
  • To establish post offices and post roads;
  • To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
  • To constitute tribunals inferior to the Supreme Court;
  • To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
  • To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
  • To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
  • To provide and maintain a navy;
  • To make rules for the government and regulation of the land and naval forces;
  • To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
  • To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
  • To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—And
  • To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

So to illustrate just one example of the rebellion of most members of Congress, when they have abandoned their duty to regulate the currency (see their power listed above in bold), by handing over that responsibility to the Federal Reserve and further provide no oversight of the same, they are are in rebellion to the US Constitution, and are therefor disqualified from holding  “[holding] any office, civil or military, under the United States, or under any State” in the land.

1 Comment

  1. kray

    February 12, 2010 at 10:23 pm

    We are in a TYRANNY. We can continue to talk and talk and talk. We can continue to think things will change via the political process. Those days are over. We are at the edge of a deep and dark abyss. The pseudo-intellectual, anti-American, condescending, arrogant meglomaniac in our White House, is doing all he can to shove us into a New World Order hell. The time for discussion is over my friend.

    Mark Levin wrote Liberty & Tyranny and talked about a “soft tyranny”. This is not a soft tyranny. We are in the midst of a real, full-fledged tyranny of which we will never come back from unless we stop it NOW by whatever means available.

    The 2nd Amendment is the most important amendment to the Constitution per President Adams. Jefferson said it was “to prevent against a Tyranny in government”.

    The time for talking and pleading to the manipulators is over. At this point they will only listen to real rebellion envisioned by our Founders. They have convinced too many apathetic cowards in America there is still hope. Does anyone think the Republicans are the answer? You can’t be serious. They are part of the problem.

    The civil rights movement would still be languishing had not cities been burn’t and and an oppressed people not used violence as a final resort.

    The treasonous sellouts now controlling us from WDC, to the lap dog media, to the socialist/communist professors……must be purged.

    The Founders would have never let our country get to this point……but if it had, there would be Congressmen hanging from trees all over WDC.


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