Publisher's note: This is the first in a series of discussions on the State of America and the mis-application of the U.S. Constitution. Tim Dunkin has done an amazing job of spelling it out so that even liberals will get it.
Tim Dunkin: The United States of America are in a bad way. All around us we are seeing the fruits of a people who have forgotten the first principles that gave our nation that it had originally. We were founded as a constitutional republic. What this means is that our entire political system, in which we participate indirectly, is supposed to be governed by the Constitution. Yet, we have strayed from this, and many, many people in this nation do not even really understand either the purpose or the workings of that document, because they have never learned them, nor even thought about them.
One of my desires is to increase awareness of what the Constitution means, and how it is to be rightly applied. As such, I have conceived of the idea of trying to present a series of articles devoted to explaining the principles which underlie our constitutionalism, that effort to regain and then maintain our nation's traditional adherence to the Constitution and the liberty worldview which flows from it.
To begin this series, I want to begin at the beginning (of course). If we as conservatives and liberty lovers, people who want to educate those around us back toward a more constitutional view of our political system, are to succeed in this goal, then we need to have a firm grasp of the fundamentals of our own philosophy.
So before anything else is said about the Constitution or how to apply it or what any of its particular parts mean, we must first firmly settle in our own hearts and minds upon the principle of the primacy of that document in the earthly laws and organization of government in these United States.
Simply put – there is nothing in any subsidiary law made by Congress, in any executive agency, in any executive order which the President may wish to make, that overrules the Constitution. From an under the sun perspective, in the United States the Constitution is THE standard against which everything aspiring to the status of law must be measured. In 1886, the Supreme Court plainly stated this principle,
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." (Norton vs. Shelby County, 118 US 425)
Bluntly, if a law or other act of government contradicts the Constitution, then that act, law, statute, regulation, or whatever else is null and void.
Let's think a little bit about how that applies. Obviously, an act of Congress that contradicts the plain wording of the Constitution is a dead letter on its face. So should an executive order from the President. So should administrative rules made by federal agencies. That much is easy to understand.Add a comment