Yogi Berra supposedly said, “When you come to a fork in the road, take it.” He didn’t specify whether it was a dinner fork, a pitch fork, a left fork or a right fork. The people of the republic known as the United States have a fork in the road looming on November 6, 2012. The question is, Which fork will be chosen?

A path that the present administration has set us on is filled with the quest for higher taxes, more regulation of energy production, and other activities that impinge upon the liberty of a supposedly free people living under a well defined set of rules called the United States Constitution. At no time in history will the decision to be made in November have the such consequences;  either the majority of voters will choose continued destruction or they will choose to begin the liberation from government nanny state control.

It is relatively easy to blame the nut job (a.k.a. Barack Hussein Obama) for the ills we face; but he has only inherited the sickness that began with Teddy Roosevelt in 1901; he was sworn in after William McKinley was assassinated. He formed the beginning of big government when signed legislation to create the national parks. It was totally unconstitutional, but met with such favor that few contested it. From that piece of legislation he used executive power to expand the reach of government. And that continued with Woodrow Wilson and FDR right to the present day with executive orders and legislative unconstitutional behavior being practiced by both political parties.

So now, we the people are subjected to government edicts from Congress and the Oval Office that have no constitutional authority. But we the people have been lead to believe (brainwashed my be the better way to express it) that anything the occupant of the Oval Office says and any law congress passes must be obeyed. First, the occupant of the Oval Office has no authority to tell anyone outside of the executive branch to do anything of any kind, no matter its nature. Second, Congress must follow the Constitution.

Another misconception is the idea that federal law supersedes state laws. That idea is correct only when a state law conflicts with United States Constitution. Those who argue for the superiority of federal laws holding sway over the laws of any respective state, no matter what, cite Article 6 for their belief. It reads in part This Constitution, and the laws of the United States which shall be made in pursuance thereof; the problem with the idea of supremacy no matter what overlooks the words which shall be made in pursuance thereof … In pursuance thereof means that any and all laws or treaties shall conform to the provisions of the entire Constitution. Thereof refers back to the Constitution. Law’s and treaties cannot contradict the Constitution and if they do, they are not valid no matter what the Supreme Court, the man in the Oval Office and Congress says. The words shall be made in pursuance thereof leaves no room for any exceptions.  

The government style in force at present is patently unconstitutional; the politicians know it and so do their followers, but they do not care. The Constitution inhibits their greedy grab for power and taxpayer dollars; the powers that be from the courts on down through the system invent ways to circumvent constitutional limits. The recent ruling By Chief Justice John Roberts on the medical care bill is but one example of circumvention.

All of the above brings us to the fork in the road of the present age. Will we the people vote to allow the man in the Oval office, those in Congress and judges to lord their power over us by choosing the left fork or will we the people choose the right fork and begin the long arduous task of returning to limited government?  In Sorting It Out, the fork we choose will determine whether we cherish liberty or a continued descent into more and more government management of our lives.

© 08-15-2012 DEC

For an excellent read that explains court decisions and the constitutional role of Congress, click on the URL below              http://www.pregnantpause.org/court/uncon.htm