Big Dogs Weblog

Checks and Balances

by Mr. Ogre on Feb 9, 2011 at 17:17 Political

Did you know that the Constitutional government in America was set up with a system of checks and balances? I’m sure you did. That’s something every school child is taught, as soon as they’re taught about government. And they’re all taught how these checks and balances help keep us free, and not a tyranny or monarchy. Of course, what they don’t teach is that we no longer actually use that form of government.

You see, the checks and balances that were set up had one primary purpose — to limit the power of government. When government power is limited, freedom prospers. You have to understand this — this government was set up to be severely limited!

Under the way this government was formed, no one person, nor even one branch of the government had any power. Instead, the ONLY way the government could exert power was for all three branches of the government to agree. First, only Congress could create new laws. No other branch could come up with any laws, ever. Next, if Congress created a law and the Executive branch didn’t like it, they were free to ignore it. In addition, even if the president vetoed a law, then had that veto overridden, the executive branch is charged with enforcing the law — and they could just not enforce the law. Next, if both Congress and the President wanted a law, the judges would get a chance to weigh in — and if the judges didn’t like it, bam, no law. And as a last resort, if all three of those branches wanted a law, the people still had the chance, in the form of a jury, to just completely ignore the law and not jail anyone for violating it, no matter what the government said.

Under that system, it is very, very difficult to create new laws and hard for government to obtain power — so we don’t use it any more.

Today, any branch of government can create a law. Congress can do it in the usual manner. The executive branch, via the president and his cabinets, can make up any “rule” they want to and then enforce that rule (see: EPA). There is zero oversight on any of these newly created violations. In addition, today, the judges in America can make up their own laws. They make their own rules for their courts and even enforce them with their own security forces. Once again, there is no oversight at all.

In addition, laws are enforced simply because they are laws. The units of government that used to be “peace officers” are now “law enforcement” — because they exist only to enforce laws, no matter whether they agree with them or not. Judges, also, join in the refrain of, “Gee, I’m just following the law and doing my job.” Most do not care they are punishing people nor do they care they are violating the Constitution.

Also, the last defense against the tyranny of government, the jury, has been obliterated. Judges openly lie to juries and give them instructions that favor the judge and ignore the Constitution. Other judges, in clear violation of the first amendment, prohibit people from even mentioning that juries have a Constitutional duty to judge the law.

We used to have a constitutional government. We had a framework for a limited government under which freedom would prosper. And for a century or so, it worked. But then government decided it would ignore the Constitution, and no one has risen up to stop them. Instead, government has expanded and liberty has suffered. Any freedom that exists in America today is a result of a combination of delusion and government permittivity. Today, in America, anyone can be jailed at any time, if a member of the government so desires. Sadly, I’m afraid Thomas Jefferson was right and the Tree of Liberty is almost dead.

Tags: politics constitution freedom