Wednesday, January 06, 2016

The Obligation of Contracts

   The United States Constitution is a contract/compact between the government and the governed. And according to the ancient "obligation of contracts", if one party to the contract refused to abide by the stipulations. Then that releases the other from obedience to that contract as well.

   In our Constitutional Republican form of government. The lines are distictly drawn as to what those that govern us "shall" have power to do. As well as what they "shall not" have power to do.
   “Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act.”–Alexander Hamilton, Federalist No. 78, Independent Journal, Saturday, June 14, 1788.
   “There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”--Alexander Hamilton, The Federalist No. 78, Saturday, June 14, 1788.

Amendment II

DECLARATORY clause; [Common Defense]
A well regulated militia being necessary to the security of a free state,

RESTRICTIVE clause; [Self-Defense]
the Right of the People to Keep and Bear Arms shall NOT be infringed.
   And even a presidential dictate is unable to alter that right which is secured by the "Supreme Law of the Land". Again, we are a Constitutional Republic - NOT some sleazy petty-tyrant dictatorship.

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