Op-ed:
In Defense of the Constitution
By: Diane Sori / The Patriot Factor /
Right Side Patriots / Right Side Patriots Radio
Article II, Section 1, Clause 8 of the U.S. Constitution states
that before a newly elected president enters the
“execution of
his office” he shall take this Oath or Affirmation:
“I
do solemnly swear (or affirm) that I will faithfully execute the
Office of President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the United
States.”
On December 03, 2022 at 7:44am
former President Donald J. Trump posted these words on his media
platform 'Truth Social' and I quote, “So with the
revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in
working closely with Big Tech Companies, & the Democrat Party, do
you throw the Presidential Election Results of 2020 OUT and declare
the RIGHTFUL WINNER, or do you have a NEW ELECTION? A Massive Fraud
of this type and magnitude allows for the termination of all rules,
regulations, and articles, even those found in the Constitution. Our
great “Founders” did not want, and would not condone, False &
Fraudulent Elections!”
And so a still ongoing war of
words began, words both in defense of President Trump's statement as
well as words condemning said statement. And while I freely admit to
belonging to the later group...especially when two days later Trump posted that he never said what he said thus making many of us out to be liars...know that I not only supported
President Trump in both 2016 and 2020, but that I would do so again
if he were to garner the Republican nomination. Also, know that I
thought President Trump did a magnificent job on the national front,
the economic front, and on the foreign policy front even while at
times he was brash and rude, actions which I chalked up to his not
being a politician per se, but a true American patriot bar none.
Simply, our Constitution was
designed to place our country above such pettiness while guaranteeing
us individual rights and freedoms, and along with the Magna Carta
(also known as the “Great Charter”)
is the greatest of all legal documents ever written. And while the
Magna
Carta
declared the
“sovereign”...as
in the individual...to be subject to the rule of law, it clearly laid
out the liberties that were to be held by “free men,”
which in turn laid the foundation for the collective of individual
rights and freedoms in what became known as “Anglo-American
jurisprudence.”
And where the Magna Carta left
off, especially in regards to individual rights and freedoms, our Constitution and Bill of Rights picked up including, but not
limited to, our freedom from unlawful searches and seizures, the
right to a speedy trial, the right to a jury trial, along with the
“Writ
of Habeas Corpus.” And it's
“habeas corpus” alone which
affords those detained protection against the loss of life, liberty, or property
without
“due process of law,” which
is the basis regarding the
concept of “higher law”...as
in law that cannot be altered by executive mandate (meaning
“executive order”)
nor by legislative acts. In fact, this very concept was taken to
heart by our Founders and Framers so much so that it is embedded in
Article VI, Clause 2...the Supremacy Clause...as in the “Supreme
Law of the Land,” and is
enforced by the Supreme Court. Taking priority over any and all conflicting
state laws, this means that state courts and state constitutions are
themselves subordinate to the “supreme law”
of our Constitution.
In other words, legally, the
Constitution is above all
else and should not be defamed, dishonored, nor be made a mockery of by
those in the body politics. The Constitution should be followed as
written, thus rendering “individual interpretations” but wishful thinking of the disgruntled. And while throughout
America's history some have tried to bend the Constitution's words in
such a way as to meet their or their party's political agenda, know
that has rarely been successful. In fact, at times, it has served to
divide the very party it was trying to unite. Such is the case with
President Trump who just a few weeks ago announced his third run for
the White House, which would have been a good thing if only he had not
followed up said announcement with what is unbecoming, unnecessary,
and utterly divisive rhetoric.
But before I discuss President
Trump's words and his possible but hopefully not true
motives, know two other past presidents come to mind regarding
issuance with the Constitution.
First, of course, is Barack
HUSSEIN Obama the one who sticks in my craw the most. Remember back
to September 6, 2001 when in a panel discussion on “Slavery
and the Constitution” that
aired on Chicago’s WBEZ-FM radio, how then candidate Obama described the
Constitution as having “deep flaws”
and that our country’s Founding Fathers had “an
enormous blind spot” when
writing it. Adding that the Constitution
“reflected the
fundamental flaw of this country that continues to this day,”
what Obama did was turn the Constitution into but a thesis on race
relations during colonial times, ignoring the fact that the U.S.
Constitution is based upon
“human nature and natural law,”
things that do not change over time. And while ignorance at times can
be bliss, Obama's words spoken that day helped to set the
stage for what became his future race based endeavors, including his turning
the fight for
“equality” into but reparations based
“equity”...as witnessed by his flawed policies and laws passed courtesy of Democrat
party line votes.
Now remember when on September
24, 2014, then President Obama spoke before the UN General Assembly
and stated that, “On issue after issue, we cannot rely on
a rule-book written for a different century,”
in reference to our Constitution regarding his initiating war in
Syria where he took it upon himself to bomb ISIS without
constitutional approval of Congress. Ignoring the fact that the power
to declare war is clearly described in Article I, Section 8 of
the Constitution, we saw Obama executing war as commander and
chief...which is his right...but without the funding limitations for
war that the House alone can impose, thus showing a total lack of
respect for the Constitution, the very document he swore by oath to
“preserve, protect and defend.”
And before Obama, Constitution
questioning Republican President Theodore Roosevelt comes to mind
when, in an attempted third run for the White House, he criticized the decisions rendered by the Supreme Court that struck down what were
so-called “populist”
attempts to regulate businesses, including a law establishing
maximum work hours for bakers that he considered
unconstitutional. And by his saying, in 1912, that the High Court had made the
“Constitution a means of thwarting instead of securing
the absolute right of the people to rule themselves,” Roosevelt also took issue with the “peculiar
function of the American judge and the function of declaring whether
or not the people have the right to make laws for themselves.”
Roosevelt staunchly
believed that the ultimate power belonged solely with the people and
not with the Constitution per se, in fact, he even proposed the
“popular recall”
of judges and their decisions, saying that doing so is “the
highest and wisest kind of conservatism.”
Simply, it was not then nor is it
now “conservatism”
in any way, shape or form, for what Roosevelt proposed bordered on “mob
rule.”
By the way, Theodore
Roosevelt...who also used nasty and insulting nicknames to describe his
opponents...lost his third attempt at becoming president after he
basically ignored the fact that America is indeed a nation of laws.
Maybe President Trump should seriously consider what happened to Roosevelt instead of even alluding to the Constitution being “terminated.”
Now remember when earlier I spoke
about motives in regards to those who question the Constitution being
the law of our land...motives in two of the cases being quite easy to
define. For Obama his hatred of America and his call for her
“fundamental transformation”
translated into his want for socialism to become America's new
norm...socialism where the government controls every aspect of one's
life...socialism where everyone except the now ruling class exists
equally at the bottom rung of the socioeconomic ladder. Most ignored
the obvious regarding Obama and America elected him twice, thus
setting the stage for the nightmare that would become Joe Biden. And
as for Theodore Roosevelt, he was, by his own dubbing, a “progressive,” but not in the same vein as today's uber progressive
left for Roosevelt tried to do what he believed to be in the best
interest of our country, and in most cases he succeeded.
However. President Trump's words
regarding “...the termination of all rules,
regulations, and articles, even those found in the Constitution...”
crosses the infamous red line for
neither Obama nor Roosevelt used the term “termination”
in regards to the Constitution. And while some claim that is not what
Trump meant and that I and others are interpreting his words wrong, I
believe I am interpreting them just right for the word “termination”
by definition simply means the
process
of having brought something to an end...in this case the law that is
the Constitution. And while his motive in doing so is to invalidate
what clearly was a fraud ridden election, Trump forgets that nowhere
does the Constitution speak of or even allude to election fraud.
Simply, the laws and processes in
relation to our national elections see state and local laws governing
the administration of presidential elections with the Constitution
focusing solely on ensuring election stability, meaning there are no...I repeat no...Constitutional procedures for how to address or handle questions of
election legitimacy let alone fraud. However, our Founders and
Framers did give the Electoral College broad discretion to resolve
disputes as it saw fit with the the Constitution stating that an
election is deemed “legitimate” when the Electoral College
says it is. There is no process for a “do-over” in regards
to a presidential election even one we all know was riddled with
fraud.
President Trump should know this, thus
he should not have brought the Constitution up in his written
discourse. He and we know that VP Mike Pence should have stopped the
certifying from going forward but didn't, thus Pence is as much, if
not more so, to blame for Joe Biden being president than those who
sanctioned, committed, and certified what knowingly were fraudulent
tabulation results. Trump should address his anger at Mike Pence not
at the very document he took an oath to
“preserve, protect, and
defend” nor should social media's now deemed
“Only
Trumpers” be taking pot shots at we who both defend the
Constitution and want another Republican to head the 2024
presidential ticket. And they do so no matter our saying that we will
support and vote for Trump should he get the nomination.
Simply, the “Only Trumpers” are now
as much a danger to our republic as are the “Never Trumpers”
for both groups...whether knowingly or unknowingly...are helping
Trump divide the Republican party so that no Republican will win the
presidency in 2024. With words, insults, and accusations lobbed,
these folks are trying to “cancel” out fellow
Republicans and conservatives in defense of a man who cannot win in
2024 unless he lets 2020 go for a platform based on vengeance is not
what America needs or wants...“Making America Great Again”
is. Case closed.
Copyright
© 2022 / Diane Sori / The Patriot Factor / All rights reserved.
***************************************************************************************************
For more political commentary please visit my RIGHT SIDE PATRIOTS partner Craig Andresen's blog The National Patriot to read his latest article, The Tyranny of the Twitterati.
*******************************************************************************************************
RIGHT SIDE PATRIOTS...LIVE!
Tomorrow, Tuesday, December 13th, RIGHT SIDE PATRIOTS
Craig Andresen and Diane Sori discuss 'In Defense of the Constitution'; '
The Tyranny of the Twitterati'
; and important news of the day. Hope you can tune in to RIGHT
SIDE PATRIOTS
on
https://rspradio1.com. Click 'LISTEN
LIVE' starting
at 6:50 pm EST with show beginning at 7pm EST.
