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The Death Of Law

By
Bob Ellis

   
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Bias
Bias:
A CBS Insider Exposes How the Media Distorts the News

by Bernard Goldberg

In nearly thirty years at CBS News, Bernard Goldberg earned a reputation as one of the preeminent reporters in the television news business. When he looked at his own industry, however, he saw that the media far too often ignored their primary mission: to provide objective reporting. Again and again he saw that the news slanted to the left. …
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Invasion
Invasion:
How America Still Welcomes Terrorists Criminals & Other Foreign Menaces to Our Shores

by Michelle Malkin

"The 19 hijackers who invaded America on September 11, 2001, couldn't have done it without help from the United States government," charges Michelle Malkin. "We unlocked our doors, spread out the welcome mat, and allowed these foreign visitors to plot death and destruction in the comfort of our home. And they could do it again in a heartbeat." …
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Coloring the News
Coloring the News : How Crusading for Diversity Has Corrupted American Journalism
by William McGowan

A fellow at the conservative Manhattan Institute, presents evidence in which, reporters and editors got stories wrong or ignored topics worthy of coverage because of their liberal ideologies and their fear of offending African-Americans, gays or feminists. (Admitted to by many of the journalists later.)  … Read more



You Don't Say
You Don't Say
by Fred Gielow

Prominent, influential liberals reveal with their own words they are anti-religion, anti-family, anti-truth, anti-freedom even anti-civilization! "You Don't Say" exposes liberals hidden agenda … Read more



The Federalist Papers
The Federalist Papers :
In Modern Language

Indexed for Today's Political Issues by Mary E. Webster

Mary Webster has performed a great service by editing the Federalist Papers into modern language and indexing them for present-day political issues
… Read more



Why Men Don't Iron
Why Men Don't Iron :
The Fascinating and Unalterable Differences Between Men and Women by Anne & Bill Moir

So much for the politically correct sacred gender cows of feminism and the cultural marxists. The authors blend research data and an entertaining writing style to make this among the best books on understanding the differences between men and women …
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Communism : A Brief History
Communism :
A Brief History

by Richard Pipes

The tragedy of communism is that its history was anything but brief. This is a devastating critique of Marxism, Leninism, Stalinism, and everything else that fits under the awful rubric of Communism … Read more



The Anti-Federalist Papers and the Constitutional Convention Debates
The Anti-Federalist Papers
and the Constitutional Convention Debates

Ralph Ketcham (Editor)

Many of the anti-government ideas of today have their roots in the Anti-Federalist currents circulating at the time of ratification of our Constitution. Thank the Anti-Federalists for our the Bill of Rights …
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The Burden of Bad Ideas
The Burden of Bad Ideas
by Heather MacDonald

Surgically exposes the hypocrisy and revisionism taking place in our looney-bins of higher learning, charitable foundations, and government programs. Demand this provocative woman as a guest on your favorite talk show — and by all means, buy her book now! Read more



The Black Book of Communism
The Black Book
of Communism

by Stephane Courtois, et al

Communism killed 25 million in Russia, perhaps 65 million in China, 2 million in Cambodia, millions more in Africa, Eastern Europe, and Latin America … Read more



Breakdown
Breakdown:
How America's Intelligence Failures Led to September 11

by Bill Gertz

Extensive material on Bill Clinton, and how his complete mismanagement of both our military and our intelligence agencies made us sitting ducks for 9/11. Rush Limbaugh says, "What he's uncovered is shocking. He's done a great service for the people of this country." … Read more



Let Freedom Ring
Let Freedom Ring:
Winning the War of Liberty over Liberalism

by Sean Hannity

Liberalism isn't just wrong, says Sean Hannity: it could destroy America But it can be beaten – in this book, he shows how! Declaring that if the Left prevails in America, the well-
being of future generations will be in peril. He proves that liberal ideas have made America more vulnerable and created confusion in our society about what is right and wrong – thus placing our freedom and security at risk.… Read more



When I Was a Kid, This Was a Free Country
When I Was a Kid,
This Was a Free Country
.
by G. Gordon Liddy

Liddy warns that our liberties are being chipped away in the name of good causes, civic convenience and left-wing demagoguery. He also divulges new information in a shocking, tell-all chapter on Watergate – including court documents and crime-scene evidence that shreds Woodward and Bernstein's popular theory to bits.
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Shooting Straight
Shooting Straight: Telling the Truth About Guns in America
by Wayne Lapierre, et al

Shooting Straight gives you the facts about how free citizens lawfully exercising their Second Amendment rights has led to declines in murders, rapes, robberies, and other violent crimes. It provides irrefutable evidence that the gun control lobby and left-wing lawmakers (aided and abetted, of course, by Hollywood and the elite media) have twisted the facts and engaged in the most reckless demagoguery to cover up proof that armed citizens are safer citizens … Read more



Among the Heroes
Among the Heroes: United Flight 93 and the Passengers and Crew Who Fought Back
by Jere Longman

Of the four horrific hijackings on September 11, Flight 93, which crashed into a Pennsylvania field, resonates as one of epic resistance. The culmination of hundreds of interviews and months of investigation tells the story of the courageous men and women, and of the day that forever changed the way we view the world and ourselves…
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An Unlikely Conservative
An Unlikely Conservative: The Transformation of an Ex-Liberal [Or How I Became the Most Hated Hispanic in America]
by Linda Chavez

The rich and revealing story of a tumultuous journey from poverty to prominence–and from left to right–by one of our most influential female conservatives. From excrement-smeared car seats to threats of attacks with bombs and switchblades, she learned quickly that opposing racial quotas and ethnic studies carried a high personal cost…
Read more

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Toogood Reports [Monday, June 30, 2003; 12:01 a.m. EST]
URL: http://ToogoodReports.com/

I woke up this morning and realized the Constitution was dead. The cadaver isn't really stinking yet, so not everyone knows, but I'm pretty sure it's as dead as the proverbial doornail. Don't get me wrong; we're still the best, most free nation on Earth, but it's only a matter of time until we fall apart like a rotting corpse.

For most of our nation's history the Constitution has acted as the policeman who guards the people of America from illegal laws. You can't walk up to someone and force them to give you their money. You can't walk up to someone and force them to submit to assault and battery. You can't walk up to someone and force them to submit to rape. You can't walk up to someone and force them to give you their life. Why can't you do these things? Because these actions are against THE LAW. Someone who does these things is subject to punishment for breaking the law that says these things will not be tolerated by our society.

For the most part, the majority of people are restrained by the knowledge that the cops are out there and will take them away if they break the law. But how much voluntary obedience of the law would there be if suddenly there were no police to enforce the law?

The concept of a “living document” when used in relation to the U.S. Constitution is an egregious misnomer. Because to make the Constitution a wet noodle we can bend whichever way seems right at the time makes it a very ineffective document; in effect, it is a dead document.

This “living document” garbage is pure nonsense. If the Constitution is subject to change and reinterpretation based on the evolution of society (or devolution, as the case really is), then perhaps EVERYTHING is subject to change. Maybe if the Supreme Court can make unconstitutional rulings based on an imagined “compelling interest,” then the rest of us need to “reinterpret” the Constitution with regard to the authority of the Supreme Court. Maybe, if they're going to subvert law and justice, we have a “compelling interest” in ignoring them; I wonder how they'd like THAT interpretation?

For that matter, maybe we could continue in the example set by the Supreme Court and start making our own interpretation of all laws; after all, if some parts of the Constitution are out of date, maybe the part which says they're the supreme legal authority is out of date, too. Maybe if I like your car, I can determine that I have a “compelling interest” in stealing it from you. Maybe if I don't like the way you part your hair, I can rule that I have a “compelling interest” in knocking your block off. Perhaps if I want to force myself sexually on your wife, your mother, your sister, your daughter, I can determine that I have a “compelling interest” in taking what I want from them.

Now these examples seem extreme on the surface, but when you get into this touchy-feely, living-document, moral relativism, situational ethics, no-absolute-right-or-wrong business, then it's really all up for grabs. You have to follow things to their logical conclusion; after all, the lawless ones will. Would our Founders actually have considered the First Amendment they penned would someday be used to protect someone's “right” to immerse a crucifix in urine and call it art, or to protect someone's “right” to peddle smut to children over the internet in the library?

No, the Founders shouldn't have had to follow things to such insane conclusions. But sadly, since we as a society have lost the ability to use reason, to use common sense, to love our neighbor as ourselves, to boldly make judgments about right and wrong…then we must unfortunately consider what the most depraved in our country will seek to justify.

So what you end up with is lawlessness. The natural destination of such a philosophy is a state of anarchy where everyone is making their own laws to fit their own needs, and no one can agree on what's right and what's wrong. In the Bible, in Judges 21:25, we see that there was a day in Israel where “everyone did as he saw fit” or as some translations put it, “every man did that which was right in his own eyes.” And those were dark and desperate times for Israel. The only alternative to ultimate lawlessness for us is to return to absolutes, to embrace the law for others and ourselves. We must return to the idea that no one and no thing is greater than the law.

So, if our Constitution, the highest law in our land, says you cannot discriminate (extending favor to one person over another without justification is a form of discrimination) against someone, then to make a law or ruling which says you CAN discriminate (thus contradicting the Constitution) is an illegal act. The Fourteenth Amendment of the Constitution says, “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.” Supreme Court Judge Sandra Day O'Connor said there was a “compelling interest” in promoting diversity through affirmative action policies such as those of the University of Michigan which extend unmerited favor to people of one race over another race. If the Constitution is the highest law of the land, then how can ANYTHING trump it?

We have come to a point in America where both the legislative branch and the judicial branch are legislating, and legislating according to emotion rather than law. The job of the legislative branch of our government is to legislate, or to make laws; those laws must agree with and fall within the parameters of the Constitution, or they are UNCONSTITUTIONAL. (I realize I'm saying things that a 7-year old can understand, but they appear to be beyond the grasp of our legislative and judicial branch). The job of the judicial branch, specifically the Supreme Court, is to interpret the Constitution as it applies to the laws of our land. Their job is NOT to make up new laws, determine new priorities, or determine “compelling interests.” Their job is to compare the laws and practices conducted in our nation to the Constitution; if the law or practice conforms to the Constitution, then theirs is the final word to say that the law is acceptable because it does not contradict the Constitution; if the law or practice is found to perform actions or bring about results that are in contradiction to those authorized by the Constitution, then theirs is the final word to say the law or practice does not pass Constitutional muster and must be abandoned. I realize there are times when laws or practices may be vague and subject to some disagreement, but what part of “all people are equal” is so mind-bending for these people?!

What about the Tenth Amendment, which says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” If this amendment was enforced, you could sweep 1/3 to ½ or more of the laws and programs in our federal government into the abyss, because they are most definitely NOT delegated to the federal government by the Constitution. You could get rid of the socialist Social Security which forces you to turn over your money to a government program that gives you no say in how your money is spent or invested, and is often given to people with behaviors you would not condone, such as alcoholics and drug addicts. You could get rid of the involuntary Medicare program that is essentially the same animal as Social Security, only intended for medical care. The Medicaid program could go, and people could start taking care of their own responsibilities or seeking help from their family or private charities if they were unable—like it used to be before socialism took over our country. In fact, all forms of welfare (AFDC, WIC, food stamps, and a whole horde of such programs) would have to go flying right out the door at the speed of light. Because while the Constitution says in the preamble that our government is to “provide for the common defense,” it says PROMOTE the general welfare, not PROVIDE general welfare. If you own a store and are promoting a certain product, you don't give it away to all your customers; you PROMOTE it to them to try to make them feel positive about it so that THEY will buy it and provide it to themselves.

And if you and your buddy want to get together and bugger one another, the Supreme Court has now ruled that your state can't have laws against it. The 6-3 ruling (you can guess who voted which way) basically says practitioners of unnatural sexual relations are entitled to protection that white college applicants are not. According to the Fox News story, Judge Scalia said in his dissent, “This reasoning leaves on shaky, pretty shaky grounds, state laws limiting marriage to opposite-sex couples.” I would suspect polygamy, bestiality, pedophilia, and a host of other perversions might be viewed in a new legal light, as well. Judge Anthony Kennedy, in the majority opinion, said the Texas anti-sodomy law “demeans the lives of homosexual persons.” I would submit that the behavior of homosexual persons is what demeans them. This decision reversed the 1986 Supreme Court decision on Bowers v. Hardwick which ruled that people do not have a constitutional right to practice homosexuality. Funny how right and wrong changed over the course of 17 years. I thought sodomy was always sodomy. How rednecked of me!

How about the Incumbent Protection Act (a.k.a. Campaign Finance Reform) where our legislators consider demonizing wealthy people and businesses more important than the First Amendment. And the Supreme Court, in a mixed ruling on that new law, has proven itself partially complicit in congress´ sabotage of the Constitution.

Maybe it's time to start impeaching judges (including those on the Supreme Court) who can't be trusted to fulfill the responsibilities of their office, who can't seem to keep the oath they swore to protect the Constitution. I think it's time we punished senators, congressmen, legislators, and presidents who make laws or executive orders that are not in accordance with the Constitution. If they vote for a law which isn't in accord with the Constitution (and it's not that hard to figure out what is and what isn't), then they have committed an affront to the highest law of the land. They have essentially solicited the criminal activity of others by trying to get them to break the highest law of the land, by telling them it's okay to break that highest law. In voting for unconstitutional laws, they are attempting to subvert the highest law, and have perjured their oath of office. The Merriam-Webster dictionary defines perjury as “the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath.” I know of no better example for this definition than willful support for laws that are in contradiction to the Constitution.

When I was in the military, all of our regulations, even the law enforcement Standard Operating Procedures (SOP) we used, had to have an environmental impact statement on them. Now, if there is enough reason for an SOP on handcuffing suspects to have an environmental review, certainly there's enough justification for laws passed by congress to be examined for Constitutional compliance.

Corporations retain lawyers to determine the legality of their policies. Congress should retain lawyers to review their bills, if they can't figure it out for themselves. Indeed, many members of congress are lawyers themselves, so many of them are without excuse already. According to the Congressional Research Service (CRS) Report for Congress, 401 representatives and 97 senators have bachelor's degrees, 123 representatives and 19 senators have master's degrees, 18 representatives have doctoral degrees, and 177 representatives and 59 senators have law degrees. If members of congress, either with or without the assistance of legal counsel, can't figure out if a bill is in harmony with the Constitution, then they don't deserve to be there.

If we made a law (and you could trust it to be obeyed and not “interpreted” away) that any government official who cast a vote for an unconstitutional piece of legislation would face criminal proceedings, you'd see socialism and social engineering in America come to a screeching halt. You could even give them the benefit of the doubt if there was some “wiggle room” in the constitutionality of the law—censure them the first time, then prosecute them if they did it again. Of course, no matter what we come up with, it would ultimately be up to the people to hold the prosecutors of such a law accountable for holding the legislators accountable. So, you see, the problem eventually comes back to us all. We really do end up with the government we deserve. The injustice of it is that the innocent, the ones who love America and her Constitution, must suffer right along with the majority who are too ignorant or lazy to do THEIR duty as responsible citizens.

We as a people, both legislator and citizens alike, MUST immediately make a decision: do we want to be a people of law and order, or do we want to make it up as we go, and suffer the consequences?

To comment on this article or express your opinion directly to the author, you are invited to e-mail Bob at webmaster@bhcsa.org.


NOTICE TO WRITERS: To obtain required information prior to submitting your essay to Toogood Reports for publication send for “Commentary Submissions” guidelines. Nonconforming submissions will not be considered for publication.


June 30, 2003


RECENT COLUMNS:

06/29/03:Bill Clinton And Je$$e Ja¢k$on Frolic In An Exclusive “Liars Love-In”
06/26/03:The Medicare And Prescription Drug Benefit Swindle
06/24/03:Supreme Court Upholds Legal Discrimination
06/19/03:Cowardly Christianity
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ABOUT THE AUTHOR:
Toogood Reports contributor and "Best of the Web" award-winning writer Bob Ellis is a Constitutional conservative, a Christian and a great American who writes for us from Rapid City, South Dakota. He served his country in the U.S. Air Force for 10 years, during the Cold War, the Persian Gulf War, and the "Doing More With Less War" under Bill Clinton. Bob is a teacher of Sunday School for adults and has authored several Bible study courses for his church. He is also webmaster for the Black Hills Creation Science Association. You may email Bob at webmaster@bhcsa.org.



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