December 14th, 2012

An Animation Defining Government


questions from the stars

questions from the stars


An unusual sort of venue for philosophy.




Solution? The Constitution!

Comments invited.

Placing billboards outside of military bases to remind service members of their oath

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One Response to “An Animation Defining Government”

  1. 1
    Cal Says:

    That was awesome.

    Your solution is correct. But it IS up to us to hold them accountable. How? Glad you asked:

    We do that by reminding them that the Oath they are REQUIRED to take is a legally binding commitment on their part. They are required to keep that commitment until they leave the office or position they are currently occupying. Once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge. Not keeping the Oath, means no position or office for our representatives because they no longer meet the requirements as agreed upon.

    The US Constitution is the supreme law of this land, not the federal government. The Constitution requires a specific legally binding Oath from those who serve as president. A different oath is required by the three branches of our government, the military, all law enforcement, the heads of the States, and all federal employees as they are required to take an Oath to support and defend the US Constitution, not an individual leader, ruler, office, or entity.

    The first law statute of the United States of America, enacted in the first session of the First Congress on 1 June 1789, was Statute 1, Chapter 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution.

    The wording of the Presidential Oath was established in the Constitution in Article II, Section 1, Clause 10: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

    The requirement for all Federal and State Civil officers to give their solemn and binding Oath was established in Article VI, Section 1, Clause 4: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to 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.”

    They are bound by their Oath to support the Constitution, and should they abrogate their Oath by their acts or inaction, are subject to charges of impeachment and censure.

    Solemn: “Legally binding, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited”, “The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”.

    Consideration: “Consideration in a contract is a bargained for exchange of acts or forbearance of an act”.

    Bound: “Being under legal or moral obligation; to constitute the boundary or limit of; to set a limit to; confine”.

    Require, Requirement, Required: “To claim or ask for by right and authority; Mandated under a law or by an authoritative entity. That which is required; a thing demanded or obligatory; something demanded or imposed as an obligation.”

    The Framers specifically placed the presidential Oath of Office between preceding clauses that set forth the organization of the executive department, and the succeeding clauses specifying the President’s executive power. The President takes the oath after he assumes the office but before he can execute it.

    There is more then one clause that requires an oath, but the presidential is the only clause that specifies the language of the oath for that specific position. Article VI’s Clause requires the persons specified therein to “be bound by Oath or Affirmation, to support this Constitution”, while the Presidential Oath requires substantially more than an oath of allegiance and fidelity. The President is required to swear (or affirm) that he “will to the best of his Ability, preserve, protect and defend the Constitution of the United States.” This phrasing ties the Presidential duty directly to the “preservation, protection and defense” of the Constitution; plus the location and phrasing of the Oath creates limits on how the President’s “executive power” is to be exercised. The relationship shared between the Oath of Office and Article II’s Clause (requiring the President “shall take Care that the Laws be faithfully executed”) with the duty to faithfully execute the Constitution as supreme law; plus the “preserve, protect and defend” language of the Oath of Office places a specific duty on Presidents to fight for the US Constitution’s survival.

    “We the People” created the states, which created the Constitution as the blueprint for the federal government. It created the three branches of the federal government plus itemized, specified, and assigned the powers and duties to each branch. None of the three branches may lawfully do anything that is not authorized by the Constitution. Those in the federal government; the Senators, Congress, federal judges, President, and the other officials are there to carry out the duties assigned each branch by the Constitution. When they go beyond those assigned duties, “We” are to take action.

    Alexander Hamilton clearly shows this in Federalist 33, saying: “If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed [the Constitution], and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”

    Executive Order 10450 was issued as a guideline for determining what actions constitute a criminal violation of the Oath of Office by federal officials. The order affirming the law of 5 U.S.C. 7311 that it’s a criminal violation under 18 U.S.C. 1918 for a member of the government, including members of Congress, to “advocate the overthrow of our constitutional form of government.”

    EO 10450 states: “Whereas the interest of the national security require that all persons privileged to be employed in…the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States… it is hereby ordered as follows: … (4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of the government of the United States by unconstitutional means.”

    The Framers required “Oaths of Office” in the Constitution to function as “checks” on the powers of the federal government plus as their accountability to the people. Each branch of the federal government has “the Oath” and other checks on the other two branches.
    The States, whose officials also take the Oath of Office, has “the Oath” and other checks on the federal government.

    “We the People”, as the “original fountain of all legitimate authority” has the Right to overrule violations of the Constitution by elected and appointed officials. We can replace them as “no longer meeting the requirements of the office or position they currently occupy”, plus if the offense is great enough, arrest and prosecute them.

    This is the solution. Plus “Just Say “No” like they did for “A Christmas Truce!
    This song is based on a true story from the front lines of World War I that I’ve heard many times. Ian Calhoun, a Scot, was the commanding officer of the British forces involved in the story. He was subsequently court-martialed for ‘consorting with the enemy’ and sentenced to death. Only George V spared him from that fate. John McCutcheon

    The song is here

    It was December 25, 1914, only 5 months into World War I, German, British, and French soldiers, already sick and tired of the senseless killing, disobeyed their superiors and fraternized with “the enemy” along two-thirds of the Western Front (a crime punishable by death in times of war). German troops held Christmas trees up out of the trenches with signs, “Merry Christmas.”

    “You no shoot, we no shoot.” Thousands of troops streamed across a no-man’s land strewn with rotting corpses. They sang Christmas carols, exchanged photographs of loved ones back home, shared rations, played football, even roasted some pigs. Soldiers embraced men they had been trying to kill a few short hours before. They agreed to warn each other if the top brass forced them to fire their weapons, and to aim high.
    The words:
    My name is Francis Toliver, I come from Liverpool.
    Two years ago the war was waiting for me after school.
    To Belgium and to Flanders, to Germany to here,
    I fought for King and country I love dear.

    ‘Twas Christmas in the trenches, where the frost so bitter hung.
    The frozen fields of France were still, no Christmas song was sung.
    Our families back in England were toasting us that day,
    Their brave and glorious lads so far away.

    I was lying with my messmate on the cold and rocky ground,
    When across the lines of battle came a most peculiar sound.
    Says I, “Now listen up, me boys!” each soldier strained to hear,
    As one young German voice sang out so clear.

    “He’s singing bloody well, you know!” my partner says to me.
    Soon, one by one, each German voice joined in harmony.
    The cannons rested silent, the gas clouds rolled no more,
    As Christmas brought us respite from the war.

    As soon as they were finished and a reverent pause was spent,
    “God Rest Ye Merry, Gentlemen” struck up some lads from Kent.
    The next they sang was “Stille Nacht,” “‘Tis ‘Silent Night,’” says I,
    And in two tongues one song filled up that sky.

    “There’s someone coming towards us!” the front line sentry cried.
    All sights were fixed on one lone figure trudging from their side.
    His truce flag, like a Christmas star, shone on that plain so bright,
    As he bravely strode unarmed into the night.

    Then one by one on either side walked into No Man’s Land,
    With neither gun nor bayonet we met there hand to hand.
    We shared some secret brandy and wished each other well,
    And in a flare lit soccer game we gave ‘em hell.

    We traded chocolates, cigarettes, and photographs from home.
    These sons and fathers far away from families of their own.
    Young Sanders played his squeezebox and they had a violin,
    This curious and unlikely band of men.

    Soon daylight stole upon us and France was France once more.
    With sad farewells we each began to settle back to war.
    But the question haunted every heart that lived that wondrous night:
    “Whose family have I fixed within my sights?”

    ‘Twas Christmas in the trenches where the frost so bitter hung.
    The frozen fields of France were warmed as songs of peace were sung.
    For the walls they’d kept between us to exact the work of war,
    Had been crumbled and were gone forevermore.

    My name is Francis Toliver, in Liverpool I dwell,
    Each Christmas come since World War I, I’ve learned its lessons well,
    That the ones who call the shots won’t be among the dead and lame,
    And on each end of the rifle we’re the same.

    Have a Safe and Merry Christmas all!

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