So the President Pardoned Sheriff Joe – So What

By: the Common Constitutionalist

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I don’t often disagree with the Washington Examiner, but I’m afraid I must this time.

They posted an article entitled, “Trump, once the law and order candidate, embraces lawless disorder with Arpaio pardon.”

So now it’s not only the left who are piling on Joe Arpaio and President Trump, but those on the right are joining the chorus.

You would expect that Trump would have received mass-condemnation from the left. After all, they are the soft-on crime party of illegal aliens. However, many on the supposed right, or who at least call themselves Republicans, are also screeching at Trump’s pardon of the former Maricopa County sheriff.

“The speaker does not agree with the decision,” Doug Andres, spokesman for Speaker Paul Ryan said. “Law-enforcement officials have a special responsibility to respect the rights of everyone in the United States. We should not allow anyone to believe that responsibility is diminished by this pardon.”

And what is all this hubbub about? Why did Sheriff Joe have to be pardoned? He was found guilty of criminal contempt by a leftist Clinton appointee, U.S. District Court judge Susan Bolton. She found him guilty of defying her order to cease the “profiling” of Latinos. read more

Maybe Trump Really Did Win the Popular Vote

by: the Common Constitutionalist

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Let’s say, just for fun, that you were a flight attendant. One of your jobs is to check the number of passengers vs. what’s on the flight manifest. Too few and you would chalk it up to someone missing their flight. Oh well. But what if there were too many passengers? You would figure there’s a problem.

The same might go for a cruise ship, like the Love Boat. Maybe Gopher, the ship’s purser, found a discrepancy. He discovered there was a stowaway – or maybe several more on board than the ship’s manifest indicated. Naturally you would think he would alert the authorities. Stowing away is illegal.

You know what else is illegal? Falsely registering to vote. But this, according to the left, simply isn’t happening. It was just another hyperbolic claim from our unhinged President.

However IBD, reporting on Judicial Watch’s Election Integrity Project, found that, “some 3.5 million more people are registered to vote in the U.S. than are alive among America’s adult citizens.” You don’t say. read more

Video Podcast – Republicans Heart ObamaCare – A Second Amendment Victory

by: the Common Constitutionalist

Out and about in the forest, I speak to you regarding an article in the Conservative Review about the turncoat Rep

ublicans and their desire to maintain the status quo and yes – ObamaCare.

Walking the rails like a hobo, I discuss a recent lower court ruling that once again slapped down Washington D.C.’s latest attempt at a gun ban – this time on concealed carry. read more

A Living Constitution Provides No Stability

by: the Common Constitutionalist

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I’ve written a lot regarding the Constitution over the years – although not usually two days in row. Most times the topic boils down to a choice between the stability of originalism or the chaos of the co-called “living document.” This has been a great debate since the dawn of the progressive era.

In 2006 Elliott Mincberg, the vice president of the ultra lefty group “People for the American Way” said: “It was the framers intent that the Constitution would adapt to changing circumstances.” In other words, a living Constitution.

Most would be surprised that, in my opinion, the founders would agree with Mr. Mincberg – although I guarantee they would not agree with his method of change.

That same year Todd Gaziono of the Heritage Foundation said: “Original intent is the only legitimate means of interpretation under our written Constitution and all other philosophies are illegitimate.” Mr. Gaziono is also correct.

Okay, both can’t be correct. Obviously the “living Constitution” crowd is wrong because, as we all know, the left has no desire to amend the Constitution. They instead see fit to usurp the Constitution by means of laws, court precedents and presidential decrees.  read more

Treat the Constitution Like the NFL Rulebook

by: the Common Constitutionalist

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What does it mean when we right-wingers describe ourselves as conservatives? What is it that we are trying so hard to save, preserve or prevent the loss of – which is what conserve means. Those on the left would say we wish to conserve the days of slavery and Jim Crow – or maybe the white-old days of the 1950s before the Civil Rights movement.

Despite the fact that all those bad times were born of the left in this country, we conservatives wish to reestablish and conserve America’s original set of governing rules.

Our nation was founded on a set of ideals – the Declaration of Independence, and rules – the Constitution. Yet Americans today seem only to care about some rules, but not others. We demand absolute adherence to some rule books, while all but ignoring others.

As most of my readers know, I’m a huge fan of the NFL – particularly the New England Patriots, but also just a lover of everything pro-football. (Don’t hate me just because your team isn’t as good).

On many occasions, I’ve witnessed that we, at least we football fans, will have a nationwide collective meltdown, if say a player commits a penalty and gets away with it late in the fourth quarter of a close game. Fans take to Twitter, Instagram and Facebook to vent their spleens over a flagrant violation that goes unpunished and may cost their team the game. read more

WND Exclusive – The Koch Brothers’ plan to rewrite the Constitution

Last week, the International Business Times wrote that the Koch brothers – yes the evil Koch brothers – “Want a New Constitution – And They’re Closer than You Think.” With a headline like this, there is little doubt of IBT’s intent.

The article regards one of my favorite topics, Article V, Convention of States. For a while now, leftist “news sites,” have been trying to scare their readers into opposing such a “radical” departure from the norm of centralized governmental authority – and largess.

Of course, they don’t describe the Convention of States in such a way. IBT, as does every other progressive outlet, must lie about the purpose of Article V and never mention the reasoning behind the article by the founders. read more

WND Exclusive – Are you, too, a ‘Declarationist’?

1864 Two Cent Coin

Memorial Day has come and gone. I hope you all sought out the family of one of our fallen heroes or at least said a prayer on their behalf.

Now we’re into summer, though not technically, and America’s next great celebration is on the horizon – that of our nation’s independence.

We in America, and certainly us political wonks, write and speak constantly of the United States Constitution. We may do so often that it can sometimes seem tiresome to listen to – even for other fans of the Constitution. Not that I hear this from my friends and family or anything. read more

The Right to Bear the Constitution – or at Least Review It

by: the Common Constitutionalist

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Many Americans suffer from a common phobia. No, it’s not the very reasonable fear of Democrats running the country. That’s not a phobia, for its not irrational. No, they suffer from an irrational fear of guns. Guns are not inherently scary. They are just a tool – like a screwdriver or a leaf-blower. You’ve heard the saying, the right tool for the right job. You wouldn’t use a gun to blow the leaves around your yard and thus you wouldn’t use a leaf blower to defend yourself. You could try, but I’ll bet it won’t go well.

Yet over the years more and more citizens have been purposely conditioned to think guns are scary. Thus the “Gun Free Zone” was established. These days there are more and more “gun free zones” than ever.

Yet economist John Lott found that, “Since at least 1950, all but two public mass shootings in America have taken place where general citizens are banned from carrying guns. In Europe, there have been no exceptions. Every mass public shooting — and there have been plenty of mass shootings in Europe — has occurred in a gun-free zone.”

Bet you won’t hear that fun fact from the anti-gun lobby.

We hear that restaurants like Starbucks, Chipotle and Panera Bread and chain stores like Target have become gun free zones. Yes, Target allows men and little girls in the same dressing area, but won’t allow guns. Ask a mother or father which is scarier – a law abiding person with a gun, or a creepy old man watching their daughter undress.

Although it’s a stupid policy, I agree with them. They are private businesses and have the freedom to invoke such a policy. read more

The People Must Regain the Consent of the Governed

by: the Common Constitutionalist

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We often hear, especially from the left, arguments either for or against American democracy. If you’re like me, every time I hear the word democracy mentioned as the correct form of American government, I roll my eyes and wonder if the politician or pundit is purposely trying to plant the notion in the viewer’s or listener’s mind that this is in fact our form of government, or do they just not know we have a representative republic.

I fear that in a lot of cases they just don’t understand the difference, despite being “Representatives” themselves.

Dr Larry Arnn and some students at Hillsdale College briefly covered this very topic in Hillsdale’s new online course – “Introduction to the Constitution.” Specifically, it was lesson five entitled, “Representation of the People.”

I would invite and encourage everyone to watch these short presentations and discussions, for this is not your average Introduction to the Constitution. They cover some pretty heady stuff. There are 12 segments, or mini-courses, averaging only about 9 minutes in length.

Watching these videos also allows for a fascinating juxtaposition of the knowledge of Hillsdale students vs. the pampered know-nothing snowflake variety from “mainstream” and supposed elite schools.

Having thrown off rule by the King of England, the founders had to decide on a form of national of federal government. Their choices were of course, a monarchy, a democracy or a representative republic. Obviously they were not going to return to rule by monarch, but a democracy, as attractive as this sounds, where everyone has a voice and a vote, was utterly impractical. In order to accomplish anything, every citizen would have to be present for every vote. This was as unworkable then as it would be today.
There was no way of assembling all Americans in one place every time a vote was required. read more

Justice Anthony Kennedy – More Powerful than Any President

by: the Common Constitutionalist

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Some say the President of the United States, no matter who that is at any given time, is the most powerful man in the world. As the Chief Executive of the United States, he commands both the largest and most powerful military, and also the largest and most powerful economy on the planet.

This may be true on the World stage, but it is not the case domestically. For years now, supreme Court Associate Justice Anthony Kennedy has been the most powerful person in America.

While this is an abomination of federalism, it is never the less true. And it’s something that seems to be thrown about as no big deal by the legal, political and pundit class. But it is a big ‘F’ing deal (h/t Joe Biden), yet has evidently become the new normal.

We have devolved from the Founders’ vision of three equal branches providing checks and balances on one another, to being ruled by nine black robed oligarchs, to now the reality we face today. That our freedoms and liberties, our economy – everything we hold dear, is controlled by a single individual.

In Justice Kennedy’s hands (or his vote), he holds the future of America. We have never been so close to a dictatorship as we are today. And by one who cannot be voting out, or otherwise removed. Like a dictator, it is he and he alone who decides to stay or go. But unlike a Dictator, there is little fear of assassination. read more