As we all watch the Clown Show that is going on right now in Congress regarding impeachment with people who are sworn in by accepting to “support and defend the Constitution of the United State”, do they know and understand what they are submitting to?

How many times have you heard, “That is unconstitutional”? I mean come on, if we had a dime for every time it is used by a politician or television commentator there would be no need for COVID-19 relief.

. In 2010 I remember a number of members of congress going on tv shows reaching into their pocket and pulling the pocket version of the Constitution out. It reminded me of a bunch of 8th boys talking to each other and pulling a condom out of their wallet. What they had in common was neither one knew what is was for or how to use it.

Yes, some could ramble about amendments, but did they really know what it said or what it meant. It is not just one party, people on both sides of the aisle are pulling the condom out and why not. You see these people are in a club, a club where the truth does not matter. We see it all the time, “it’s rules for thee, but not for me”.

When the lock down started, every day instead of looking at box scores in the sports section I was looking at COVID-19 data. As the lock down continued, I began to wonder how our government could tell people you cannot open your business. A business which you needed to put food on the table for your family.

With 5th. grade U.S history and high school Civics not even visible in the rearview mirror, I pulled out my pocket constitution. Just like the politicians I read the words, but I needed more. I began to search online and that is where I found Hillsdale College’s free online courses. The content was great, but for me still not enough. I am a trust but verify guy.

It was at that time the Amazon delivery guy and I became first name acquaintances. Every day I was getting a new book to reference. I would also go to You Tube to watch interviews of people who were authorities on the Constitution. It was watching the late Justice Anton Scalia who made the point, you must know the history of the time and meaning of the words at that time. As we have all witnessed during our lives, the meanings of words change. So, to complete my collection of research material I needed a dictionary, so I bought the American Dictionary Of The English Language- Noah Webster’s 1828 edition.

While Justice Scalia and other originalist are looked down on by Progressives is nothing more than inserting politics into an area in which is does not belong. The reason the Founders wanted a lifetime appointment was they believed after confirmation there be no political pressure. Leonard Leo, a former executive said, and I agree “You are practicing originalism appropriately when you are doing so without looking behind the curtain and predetermine outcomes”. The Constitution is not grey. Was it perfect? No but they gave us a way to make it better.  It is called amending.

Then I began to read the Constitution again cross-referring Amendments with the Federalist Papers, reading letters written by these people to utterly understand as best I could their mindset. What I was to understand and believe is we were left an amazing document or for that matter a blueprint to preserve our unalienable rights. They knew from their study of history and philosophy back to Plato and Aristotle times change but human nature does not. The greed and lust for power we see today was evident 2600 years ago.

In everything I read, nothing hit home as much as a statement made by James Madison in Federalist 51. It said, “It may be a reflection on nature, that such devices should be necessary to control the abuses of government.  What is government itself but the greatest of all reflections on human nature? If men were angels no government would be necessary. If angels were to govern men neither external nor internal controls on government would be necessary”.

 The devices Madison was referring to be our three branches of government. However, I think that quote should be remembered in everyday life. Not everyone is an angel with your or the countries best interest at heart.

With that in mind, let’s go to the first and fourteenth amendments which apply to us. You cannot dive into individual liberty by bypassing Dred Scott. The first amendment says, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

As I read that amendment and reading the Federalist papers regarding the amendment, I could not find any mention of man. It is my understanding that the preamble is not the law. (I disagree with. When you sign a document, you sign the whole document.) Still, I searched the preamble and closest thing I could find was “Blessings of Liberty”.

What does “Blessings of Liberty” mean? Gourveruer Morris who wrote the preamble said, “Born right from creation all men were born equal and with that what we all posses rights which have to be protected by the body of laws”.

Prior to the Dred Scott case in the Supreme Court there were 3 others in the U.S. Supreme Court and 13 others in States Supreme Courts. All but one ruled in favor of former slaves. This just was not in northern state states. States considered slave states at the time, Mississippi, South Carolina, North Carolina, and Virginia courts all ruled favorable for the former slaves. The one unfavorable ruling was in the Ohio Supreme.

This finally brings us to the 1857 case of Dred Scott v. Sanford. As history notes this 7-2 decision goes down as one of the worst in history. How could they come to that decision? The two dissenting opinions written by Benjamin Curtis and John McLean it was easy to see the decision was wrong. I could not find one instance in which the finding of the court was on firm ground.

Both the Chief Justice and Abraham Lincoln referred to the Declaration of Independence regarding this ruling. While the Declaration of Independence was not law, both seemed to use it for the intentions of the founders. With the words “All men are created equal”, I crossed checked in the 1828 dictionary and it means, All men are created equal.

So, how could Chief Justice Taney agree and write the opinion? He was born to a slave owning family in Maryland. Yet, he freed his slaves and provided pension for those too old to work. He knew slavery was wrong. I can only draw two conclusions. Either he was the first progressive who ruled for the common good of his friend’s, other plantation owners or like judges today play politics when they have no balls!

As dark as the ruling was, it appears there was a silver lining with the passage and ratification of the 14th. Amendment in less than 11 years. The 14th. Amendment Section 1 states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

So, there we have it in black and white, “Nor shall any State deprive any person of life, liberty or property without due process of law”.

As college football analyst Lee Corso says, “Not so fast my friends.” While researching weather or not the Federal Government could mandate the COVID-19 vaccine, I found out that under our Government, it was a states issue. Depending on what your State’s Constitution said would be the determining factor.

This brings us back to the 14th. Amendment which states, “no State shall make any law which shall abridge the privileges or immunities of the citizens of the United States.” Because of the Common Law legal system, we use that relies on Case Law and the politicizing of our legal system, you must wonder if some judge ruled for “common good” while taking your individual rights away.

It leads you to further wonder if we really live in the way the Founders wanted with “government of the people by the people.” I once read a book that said, people in the United States think they are free. However, the reality is they are like animals in a zoo living in a natural habitat controlled by the zookeepers. It is our political class on the local, state, and federal level who never miss a paycheck are our zookeepers.

Because as Madison implied, People are not angels there has to be some regulation. Remember two of the biggest flaws in human nature are greed and lust for power. Its has been like that for 2600 years. Something the founders wanted to protect us from.

Funny thing about it is all the ones doing the shutdowns still get a paycheck, get their roots done and/or go out of town on a private jet.

 But, to prevent business from opening and providing income for food and our pursuit of happiness, how is it not unconstitutional?

What gives you the right?

I did not stay at a Holiday Inn last night nor am I a lawyer, but I can read.