· The states appointed representatives who assembled in order to form a central federal government having limited powers to carry out functions they could not accomplish alone.
· The contract into which they entered which was written to accomplish the purposes intended is the United States Constitution that was then ratified by the necessary number of states.
· The Constitution was based on the ideas expressed in the Declaration of Independence, primarily the idea that people had a right to govern themselves.
· The words in the Constitution have the meanings understood at the time of the making of the contract and that contract was not to be amended except under Article V.
· The most important branch of the federal government as set out in Article I is the legislative branch, Congress, consisting of the Senate and the House of Representatives. The function of Congress is to make the laws presented by the people’s representatives.
· The second branch of the federal government as set out in Article II is the executive branch headed by the president who is to carry out the laws passed by Congress.
· The third branch of the federal government as set out on Article III is the judicial branch, the supreme court, with the judicial power as set out in Section 2. The judges are not appointed for life but hold their office “during good Behavior”.
· Decisions of the U.S. Supreme Court are not the supreme law of the land since Article VI clearly states that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made under the Authority of the United States, shall be the supreme Law of the Land; ….”
· Decisions of the Court are only opinions, determined by the third branch of the government, concerning the validity of issues which then need to be addressed by the legislative branch, Congress. If the people, who ultimately have the power to govern themselves through their elected representatives, agree with the opinion and desire to have legislation agreeing with the opinion, they will cause that legislation to occur. The Court is not entitled to rule by decision, otherwise there would be no check and balance on the power of the court and the result would be tyranny.
· A contract can only be amended by the parties to that contract and under Article V the Constitution is to be changed only by an amendment being proposed by the representatives of the people and ratified by the states.
· The U.S. Supreme Court was not a party to that contract, it was created by it, therefore it is inappropriate for the Court to amend the contract by the manner in which it interprets words and phrases of that contract or creates words and phrases to justify its decisions.
· The drafters of the Constitution had in mind that to check and balance the power of the Court impeachment would be a remedy. In addition, the Court can only enforce its decisions through the executive branch of the government and if the president does not acquiesce in the decision it would not be carried out.
· Nowhere did our founders express the thinking that the principles of the Constitution should be extended by gleaning the “spirit of the words” contained therein, contrary to what the Court has said. In fact, Alexander Hamilton said “In the first place, there is not a syllable in the plan under consideration, which directly empowers the national courts to construe the laws according to the spirit of the constitution ….”
· Immigration was the responsibility of the states until 1808, to allow the states in the south to continue to import African-American slaves. It then became the responsibility of the federal government. See Article I, Section 8 of the Constitution.
· Clauses of the 14th Amendment such as privileges and immunities, due process, and equal protection, were an embodiment of the Civil Rights Act of 1866 and had the effect of extending those rights to the African-American slaves freed by the Emancipation Proclamation. The provisions of the 14th Amendment should have been limited to bringing about an equality of application of those rights to the freed African-Americans, the same as other Americans had at that time, since that was the purpose for which it was intended.
· It is entirely inappropriate that the Court has applied its interpretations of the clauses of the 14th Amendment to force all state, county, and city governments in the nation to adhere to its decisions which amended the Constitution, depriving the people of that right under Article V.
· There is support for the 2nd Amendment in other provisions of the Constitution. Some forget the 3rd Amendment giving you the right to keep soldiers from being quartered in your home without your consent unless in time of war “in a manner to be prescribed by law. How would you do that without weapons? In addition, Article 1, Section 10 of the Constitution gives the states the right to engage in war without requiring the consent of Congress if “actually invaded” or “in such imminent Danger as will not admit of delay”. How would a state do that if it could not call up citizens with their weapons to aid the national guard?