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Constitution not always followed completely

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By Robert E. Beckner

Over the years, Americans have had reasons to believe, and rightly so, that the federal Constitution is the cornerstone of our system of government.  It has been the final arbiter of law questions.  As such, it divides the federal government and the states and with this power it places various limitations on what each of the state governments can do.

 While the Constitution is held in high regard and is revered, surprisingly it does not always have complete obedience to its rulings. This information came about due to a paper written by a professor of law emeritus of a Florida University College of Law.  His credits were remarkable, having authored several books and more than 50 law review articles and similar pieces.  The subject of our constitution intrigued me, so I called the professor and we discussed his paper and he confirmed what he had written.  It is very interesting, as you will see, especially in this day and time of our current administration.  You will find that much of the praise always being leaped upon our Constitution is more lip service than anything else, primarily for a cover up.  There is a much overlooked Article I, Section 6, Clause 2, known as the “Ineligibility Clause” that is being used here as an example – as will be shown later.

 A portion of Section 6, Clause 2, that is applicable to showing the point we want to make, is that it provided that “no person, holding any office under the U.S. shall be member of either House during his continuance in office.”  The reason for this appears to be, as has been recognized, that a person holding a federal office might find that office in conflict with his duty as a member of Congress.  There were 100 senators and representatives holding officers’ commissions in the Armed Forces Reserve during the Vietnam War and the fear being these officers might hold views that conflicted with their elected positions.  So the “Reservists Committee to Stop the War” sued then-Secretary of Defense Jim Schlesinger, in an attempt to discredit the Gulf of Tonkin Resolution which authorized the use of force in Vietnam.  The suit requested that Schlesinger terminate the reserve officers’ commissions of those members of Congress.

 Now, when this reached the Supreme Court in 1974, even in the face of a clear violation of the “Incompatibility Clause,” the Court ruled in its own language that “standing to sue may not be predicated upon an interest which is held in common by all members of the public are really not the kind that can be litigated in federal court.”  You have to ask yourself, why such a ruling in this clear violation case?  The vote was 6-3, indicating the majority of justices had no desire to order Schlesinger to tell these prominent people, who were members of Congress and were also armed services officers, to either resign their commissions or Congress.

 The court’s greatest fear is that a correct ruling in this case or another case would be in defiance of one of their orders of the court.  In the court’s own words, “Having neither power of the purse nor the sword,” the court has no way to enforce its orders.  So the viola-tions of the Incompatibility Clause has been allowed to stand, not because of the reason given of the common injury to all citizens, but the court’s fear of having one of its orders ignored. This is sad that our court system has come to this.  While such a problem has not occurred often in the past, it’s clear the court will allow a provision to be violated.  Clearly, the court is only an “advisory” court, unable to enforce its own ruling.

 While such violations have been allowed, it seems some unnamed subjects are impossible to get the major news media, print or electronic, to bring up, so it apparently will go down in history as being the biggest fraud ever perpetuated on America.  You will have to determine on your own what that subject might be.

 There are other cases in history where the court looked the other way, so to speak. One example was when Barry Goldwater ran for president in 1964 as the Republican candidate.  He was a field general in the Air Force Reserve at the time.  If he had won, I think now we all know what the answer would have been.  Also in Andrew Jackson’s time, when he was president, he received an order from the Supreme Court that he didn’t like. The story goes he told Supreme Court Chief Justice John Marshall that since he made the unpopular decision that he should go enforce it; enforcement didn’t happen. It just seems nothing is as it always appeared to be or should be.  Now we have two Supreme Court justices who will admit they consider in their ruling, the “World Court’s” decisions in deciding how our laws should be decided.  These are the types of liberal justices that have been placed on our Supreme Court!  How can they be so wrong and not even be ashamed?  How much worse can it get as our government continues to travel in every conceivable way to pay no attention to our Constitution, taking over auto companies, banks, insurance companies, setting salaries, voiding valued contracts, etc. — all with no authority and yet Con-gress continues to give the administration everything they want?  Where is the courage to stand up and say, “no more”?

 Opinions may vary, but what is apparent is that the president and members of the administration and Congress have all become aware of the fact that the Supreme Court has no enforcement powers and afraid that the general public will become aware of their opinion only being “advisory” and not a final decision maker.  The president, in all his socialism actions, knows he has the Supreme Court in his pocket.  So he sets out his own policies, no matter how radical they are.  He knows if someone or a group is against his opinion/ruling to the point they file suit to stop him, he has nothing to worry about as the Supreme Court will find a way to support the president’s wants and desires.  Some government we are living under.  It’s time it was stopped!

Robert E. Beckner lives in Majestic Oaks with his wife, Sarah. He is a retired private investigator and insurance adjuster. He has also been a photographer and served with the Military Police in the Marine Corps.