"I, Sean McCoy, do solemnly swear to support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to do the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
This is the oath that I swore on May 27, 2000, when I was commissioned as an officer in the United States Army. Although, I am no longer a commissioned officer of the Armed Forces, I still consider this as my duty and obligation as a proud citizen of the United States.
The oath of office sworn by members of Congress, the office of the President, and the Supreme Court are all nearly identical to the one I took.
Last week the 112th Congress read aloud the entire text of the U.S. Constitution. Additionally, new rules are in the works to require Congress to cite specifically which sections of the Constitution provide authority to pass legislative items.
I sincerely hope that it is more than just political pageantry. For too long Congress as well as the other branches of the federal government have ignored, bent, or stretched this sacred document beyond recognition.
Consider some of the following relatively recent items in the news (this list is not meant to be a comprehensive, nor is it a swipe at any particular political party, it is only meant to illustrate a point):
- The Patriot Act passed following the events of 9/11 granted the Federal government the right to monitor internet and phone traffic in order to gather evidence against domestic terrorist groups. This Act which effectively gives the government a loophole around the Fourth and Fifth Amendments in cases of domestic terrorism has now been expanded to be used against organized crime and in the war on drugs.
- The Affordable Healthcare Act will force millions of Americans to purchase health insurance from private companies under penalty of fine and imprisonment, effectively forcing individuals to participate in a segment of the economy. This has been challenged and will be brought before the Supreme Court to determine if the use of the Commerse and Necessary and Proper clauses of the Constitution are in contradiction with the Tenth Amendment. Additionally, waivers have been granted to three States and over 200 organizations to exempt them from the costs of the legislation, possibly in violation of the equal protection clause of the Fourteenth Amendment.
- Legislation was proposed in 2009 by the President to heavily tax financial institutions for the purpose of recouping bail out money. These taxes were to be imposed on all of the financial institutions affected regardless of their re-payment status. Its purpose was to penalize companies for activity that was not illegal, in effect violating the Constitution's prohibition of ex post facto laws. The proposed law was later defeated in the Senate.
- The District Court in California recently ruled that law enforcement agencies had the right to implant a GPS tracking device on an individual's privately own vehicle that was parked in its driveway for the purposes of gathering criminal evidence without seeking a warrant from a magistrate or judge.
Examples abound of Constitutional overreach by all branches of government.
As I said earlier, I truly hope that the 112th Congress is sincere in their commitment to adhere by the principles and letter of the Constitution. I have my doubts.
I would urge all citizens to regularly read the Constitution and become familiar with the document which lays the legal framework that we operate under. We must hold our government accountable to upholding the spirit and letter of the law. We need to keep abreast of the political issues of the day and make our voices heard through our collective vote, through letters to our representatives, and when necessary suing the government when it violates the rights guaranteed under the Constitution.
If we fail to hold our government accountable we will soon find (and may be finding now) that we are a nation ruled by men instead of laws.
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