The Function of a Constitutional Republic as I Understanding itSubmitted by Anti-Stupid on Fri, 09/14/2007 - 19:40
First, what is a Constitutional Republic? It is a â€œbody politicâ€ created by a group of people to define how those people will govern themselves. This particular form of government is based on the common assumption or belief that the rights of the individuals are to be protected over and above the rights of the group; this means any group not just a majority, including government.
Our particular Constitutional Republic was created by the representatives of a group of colonies which banded together for the common defense and protection of those colonies. As in any organization of individuals, a contract or compact, if you will, was developed to define this organization of colonies into a union of States. Over time many other States were created and then joined this union of States to become todayâ€™s united States of America. All basic stuff understood by most everyone.
The significance of this process shows that the States through the representatives of the people created the Federal or National government. In this creation, the representative of the people â€œpounded outâ€ a contract; a Constitution and shortly thereafter a Bill of Rights defining the rights, obligations, limitations, and organization of this new government.
The genius of these documents were not so much that they spelled out certain rights reserved to the people or to the States, it was the delicate balance of limited power to the governing bodies of the people. The Federal government was designed with the separation of powers to the Judicial, Executive and Legislative branches as checks and limitations to the federal powers. The State powers were limited by the mandate of the national Constitution and Bill of Rights to prevent the States from infringing on the rights of the people.
It was never intended that the Federal government would ever have direct access to or control over the people. The Federal government only has one function regarding the individual and that obligation was to protect the rights of the individual from encroachment by the State or any other group that would attack those rights. The Bill of Rights did not grant the rights of the individual. It only enumerated some of those rights that the Federal Constitutional and State governments were to protect.
It was never intended that the National government could â€œreach overâ€ the States to directly impact the individual. Amendments such as the 14th and 16th amendments which allowed such actions were against the spirit and intent of the Constitution. The same criteria apply to federal income taxes and that is one of the reasons a personal income tax on an individualâ€™s labor is unconstitutional. Not just because you have an unalienable right to your own property, but also because the Bill of Rights is an obligation of the State to protect individual property rights and your personal labor is your property.
In a truly free Republic, there can be only one crime and that is the crime of aggression in all of its forms. There can be no crime where an organization or government is the victim. These entities are not human beings and can not be victims, only individuals can be victims of a crime. The States are to protect the rights of the individual against other individuals and the Federal government; the Federal government was to protect the rights of the individual from the State. When any government body, State or Federal, infringes on the rights of the individual, that government body must be brought into check. Thatâ€™s what it means to be governed within the framework of a Constitutional Republic.
One only needs to stop for a minute and think. Is this the government our founders created and envisioned for us? If not, then it is up to us the people to correct this injustice by peaceful revolution while we still have that option. The alternative is unthinkable. A vote for Ron Paul is a step in the right direction.