Obama repeals Magna Carta, asserting powers our forefathers denied to Kings

Obama repeals Magna Carta, asserting powers our forefathers denied to Kings
Obama repeals Magna Carta, asserting powers our forefathers denied to Kings

The Republic  is at war against an adaptive foe that seeks its destruction. Not lSlS or al Qaeda, which might no longer exist in meaningful form, but internal foes seeking its overthrow. These are the “Domestic Enemies” that we were warned about by our founding fathers.  They’re moving incrementally, small steps slowly growing larger with each success, only masks the boldness of their goals. It’s the quiet coup. Here we look at the latest chapter in the war, the most recent rip torn in the Constitution.  With every tear that they make they become even more bold and open about their intentions. Today they no longer even mask their intentions. 

“Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.”
— Written by Benjamin Franklin for the Pennsylvania Assembly in its “Reply to the Governor” (11 November 1755).

As the America-that-Once-Was evolves into the quite different New America, the identity of those responsible becomes increasingly clear.  It’s us. Our disinterest in working the Founders’ machinery of self-government. Our passive acceptance of Empire and plutocracy. Saddest of all is our abandonment of America’s ideals, the end point of a thousand year-long struggle.

We will sell to no man, we will not deny or defer to any man either justice or right.

—Magna Carta (1225)

The “Great Charter” drawn up on the field at Runnymede on June 15, 1215 between King John and his feudal barons failed to resolve the crisis that had been brewing in England ever since the death of John’s brother King Richard I. Over the long term, however, Magna Cartaserved to lay the foundation for the evolution of parliamentary government and subsequent declarations of rights in Great Britain and the United States. In attempting to establish checks on the king’s powers, this document asserted the right of “due process” of law. By the end of the 13th century, it provided the basis for the idea of a “higher law,” one that could not be altered either by executive mandate or legislative acts. This concept, embraced by the leaders of the American Revolution, is embedded in the supremacy clause of the United States Constitution and enforced by the Supreme Court.

These things are all seen in our reaction to President Obama’s white paper granting himself powers not seen in Anglo-American history since the Stuart Kings. Limiting the Monarchs’ right of arbitrary arrest and punishment of their subjects took 450 years, from the first tentative agreement in Magna Carta (1215) to its achievement in the English Civil War (1641-1662).  Now, with our complaisance, Presidents Bush Jr and Obama have erased much of that progress. Obama repeals Magna Carta and the people are silent.

Two provisions of Magna Carta deserve our attention today, a gift to us from the Barons of 13th century England.

38.  No bailiff for the future shall, upon his own unsupported complaint, put anyone to his “law”, without credible witnesses brought for this purposes.  {This was replaced by improved legislation in 1863}

39.  No freemen shall be taken or imprisoned or disseised {deprived of land} or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.  {This remains in force for the people of England, but no longer in the USA}

Our ancestors spent much blood, sweat, and tears between that day at Runnymede and the meeting in 1878 at Philadelphia.  The liberties provided by the Constitution were won over those 30 generations, by the unruly Saxons and Normans of Medieval England — and the Founders, jealous of their liberties and willing to fight for them.  In the decade and a half since 9-11 we’ve thoughtlessly thrown away political structures that took centuries to build.

The Constitution is just a “paper bullet of the brain”, with no power except to the degree it lives in our hearts.  That love appears to have died right along with the rule of law. The Magna Carta exercised a strong influence both on the United States Constitution. 

Magna Carta was widely held to be the people’s reassertion of rights against an oppressive ruler, a legacy that captured American distrust of concentrated political power. In part because of this tradition, most of the state constitutions included declarations of rights intended to guarantee individual citizens a list of protections and immunities from the state government. The United States also adopted the Bill of Rights, in part, due to this political conviction.

Both the state declarations of rights and the United States Bill of Rights incorporated several guarantees that were understood at the time of their ratification to descend from rights protected by Magna Carta. Among these are freedom from unlawful searches and seizures, a right to a speedy trial, a right to a jury trial in both a criminal and a civil case, and protection from loss of life, liberty, or property without due process of law.

Many broader American constitutional principles have their roots in an eighteenth-century understanding of Magna Carta, such as the theory of representative government, the idea of a supreme law, and judicial review.

We allow our rights to slip away while trembling in fear before threats far smaller than those our forefathers defeated during the past 200 years. We’ve become weak cowards. The vast majority of Americans are more concerned with the present day bread and circuses aka the NFL, NBA, MLB, the Kartrashians and their social media accounts.

There are no reforms that can prevent this evolution, no magical legal incantations or tricks of technology. The problem lies within us, as does the solution. Change, even redemption, remains a potential of every person and every society.  We need the will to fight our Domestic Enemies for our liberties, and ignore the siren song of those urging passivity as they’re stripped away.

Here are two samples of the vast chorus working to keep us asleep:

These people, these “Domestic Enemies” are the most dangerous enemies of the Republic. Far more so than North Korea or Iran’s conjectural atomic bomb project or the threadbare insurgents fighting to gain control of third world nations in Africa and Asia.  We will continue grow weaker, slowly and steadily, until we recognize our major foes.  Liberties are more easily lost than regained.

Hillary Clinton and Donald Trump
Hillary Clinton and Donald Trump are tightening their grips on the Democratic and Republican presidential nominations. Which one of these candidates will abuse the powers of the Executive Branch the most?

As we near the end of the most lawless and tyrannical Presidential administration in our nation’s history we must really think long and hard about the election choices that are being laid before us by the true rulers of America. After all Presidents are selected not elected. This is literally the last election we will have before our nation slides into the most despotic tyranny that the world has ever seen. What will be the spark that will ignite the masses into reclaiming their freedoms from the Domestic Enemies? Or rather will the great experiment end in a sad whimper?


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