Unconstitutional Actions: Violating Our Founding Principles

The US Constitution is the highest law of the land, and its principles are designed to protect individual rights and liberties, while also establishing a strong central government. The preamble to the Constitution, though not the law itself, communicates the intentions of its framers, who wanted to prevent the tyranny they had experienced under the British monarchy. The Constitution's principles include checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers. These principles are intended to maintain a balance of power between the national and state governments, and to ensure that no individual or group can abuse their power for their own gain.

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Tyranny of the majority

The founding fathers of the United States Constitution were influenced by the writings of the French political philosopher Montesquieu and sought to prevent the tyranny that they experienced under the rule of the British monarchy. The US Constitution establishes a foundation for government based on several principles, which work together to protect individual rights and liberties, while having a strong central government that can work for the good of the nation.

One of the core principles of liberal democracy is that of limited government: the role of government should be limited by checks and balances and a separation of powers, because of the corrupting nature of power. In the context of the US, limited government means that the power of the federal government is subject to limitations as laid out in the Constitution, so that it cannot simply impose its policy on the state and its citizens.

The US Constitution embodies the principle of checks and balances, which allows each branch of government to limit the application of power of the other branches and to prevent the expansion of power of any single branch. The three branches of government are the legislative, which makes the laws; the executive, which enforces the laws; and the judicial, which interprets the laws. Each branch has its own responsibilities, including overseeing the other branches.

The principle of checks and balances is closely related to federalism, which is a system of constitutional government in which power is divided into layers with several states on one level and an overarching federal government. The people delegate certain powers to the national government, while the states retain other powers; and the people retain all powers not delegated to the governing bodies.

The principle of majority rule/minority rights is also essential to the US Constitution. Laws are made with the consent of the majority but do not infringe on the inalienable rights of the minority. This principle is crucial in preventing the tyranny of the majority, where the rights and liberties of the minority are disregarded or infringed upon by the majority. The US Constitution seeks to protect the rights and liberties of all citizens, regardless of their numerical representation.

Lack of checks and balances

One of the key principles of the US Constitution is the system of checks and balances. This principle is designed to prevent the expansion of power of any one branch of government, allowing each branch to limit the application of power by the others. The three branches of government are the legislative, which makes the laws; the executive, which enforces the laws; and the judicial, which interprets the laws.

The system of checks and balances is intended to ensure that no person or group can abuse their powers. Each branch of government is equal, and each has its own responsibilities, including overseeing the other branches. This is achieved through a range of mechanisms. For example, while the Constitution confers on the president the power to be the 'commander in chief' of the armed forces, it gives Congress the power to declare war and to authorise the use of troops.

The principle of checks and balances also applies to the relationship between the federal government and the states. The national and state governments have a balance of separate and shared powers. The people delegate certain powers to the national government, while the states retain other powers, and the people retain all powers not delegated to the governing bodies. This is known as federalism.

The system of checks and balances is essential to maintaining the sovereignty of the people within the government, as it ensures that the government's power is limited and that citizens are protected from arbitrary power. It also helps to promote justice and equality before the law, as all citizens and government officials are bound by the same laws, regardless of political power.

However, the effectiveness of checks and balances relies on a willingness to compromise and engage in good-faith negotiations. If this is lacking, the system may lead to weak government and political deadlock.

Unfair laws

The US Constitution was designed to prevent the tyranny experienced under the British monarchy, with a strong central government that works for the good of the nation, and a system of checks and balances to prevent the abuse of power.

The Constitution's principles include the protection of individual rights and liberties, with the power of the government derived from the people. The government's power is limited and separated into branches, with each branch having specific responsibilities and the ability to limit the power of the others. This is to ensure that no person or group can abuse their powers for their own gain.

The Constitution also establishes the concept of federalism, with a balance of shared and separate powers between national and state governments. The national government has powers such as coining money, maintaining troops, negotiating treaties, and taxing imports, while the states retain powers not delegated to the national government.

For example, during the Covid-19 pandemic, the Biden administration passed a vaccine mandate for employees of large companies, which was seen by some states as a violation of the constitutional rights of Americans. Nearly half of the states sued, and the Supreme Court struck down the mandate. This demonstrates how laws that are seen as infringing on individual liberties can be challenged and overturned based on the principles of the Constitution.

Another example of unfair laws could be those that are created by a majority but infringe on the inalienable rights of a minority. This would go against the principle of majority rule with minority rights, where the rights of all citizens must be respected, even if they are not the majority. Unfair laws could also be those that are created by one branch of the government without the input or oversight of the other branches, as this would disrupt the balance of power and could lead to abuse.

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Limited freedom of speech

Freedom of speech is a fundamental principle of the US Constitution. The Constitution guarantees the right to express one's opinions freely, orally or in writing, without interference. This is a cornerstone of democracy and a protection of individual liberty.

However, it is important to note that freedom of speech is not absolute and there are certain limitations imposed by the Constitution itself and by federal and state laws. These limitations are in place to protect against abuse and to maintain a functioning society. For example, the First Amendment, which guarantees freedom of speech, does not protect speech that presents a clear and imminent danger, such as falsely shouting "fire" in a crowded theatre.

Other limitations include those on hate speech, which is not protected by the First Amendment. This includes speech that incites violence or imminent lawless action, or that is likely to result in such action. Defamation, obscenity, child pornography, and speech that invades privacy are also not protected forms of speech. These limitations are in place to protect individuals and communities from harm and to uphold public order.

Additionally, the limitations on freedom of speech extend to certain types of content and contexts. For example, while individuals may have the right to express their opinions, they may not have the right to do so in certain spaces or through certain mediums. This includes restrictions on commercial speech, such as false advertising, and time, place, and manner restrictions, such as on the volume of speech in certain areas. These limitations aim to balance individual rights with the rights of others and the needs of society.

In conclusion, while freedom of speech is a fundamental principle enshrined in the US Constitution, it is not absolute. The limitations on this freedom are in place to protect individuals, communities, and society as a whole from harm and to maintain order. These limitations are carefully considered and aim to balance competing rights and interests, demonstrating the complex nature of this constitutional principle.

Federal overreach

The Constitution grants specific powers to the federal government, such as coining money, maintaining troops, negotiating treaties, and taxing imports. It also denies certain powers to the federal government, and the 10th Amendment guarantees that all powers not explicitly granted to the federal government are reserved for the states. For example, in 2021, the power to control how elections are run belonged to the states, with 19 states passing laws to restrict voting rights and 25 states expanding voting rights.

The principle of limited government, as outlined in the Constitution, ensures that the federal government can only exercise the powers granted to it and conduct actions permitted by the Constitution. This prevents the federal government from imposing its policies on the states and citizens without limitation. Checks and balances, as outlined in the Constitution, further prevent the expansion of power by any branch of government. Each branch can limit the application of power by the other branches, ensuring that no individual or group can abuse their powers.

Instances of federal overreach can occur when the federal government attempts to implement policies or mandates that infringe on the powers reserved for the states. For example, during the COVID-19 pandemic, the Biden administration passed a vaccine mandate requiring employees of large companies to be vaccinated. Several states disagreed with this mandate, arguing that it infringed on the constitutional rights of their citizens. Nearly half of the US states sued the Biden administration over this mandate, and the Supreme Court ultimately struck it down.

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