The Constitutional Illiteracy of the People and Our Future President

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.”  -Mark Twain

Sunday’s debate between Donald Trump and Hillary Clinton utilized a format where American citizens were asking questions—along with media moderators—regarding things like Islamaphobia and the energy crises. This dynamic revealed some tragic constitutional ignorance that has led to the depletion of individual liberties in America.

The source of this ignorance is that people have stopped thinking like Americans and have resorted to what “just ain’t so.”

Moderator Martha Raddatz asked what the candidates would do for the poor defenseless lives of Syrian refugee children. Syrian refugees? While their plight is desperate, she neglected to ask what the candidates would do about America’s holocaust, the 3,000+ American babies who are slaughtered in the womb every day, to which the Fifth Amendment to the U.S. Constitution guarantees the protection of life. This legitimate duty belongs to the president, but was not brought up once. Not once.

Americans seem to be out of touch with the jurisdiction of the Executive Branch. I would like to take the opportunity to discuss the president’s position and authority given by the United States Constitution.

As the Chief Executive, the president does not run our country, nor is he the primary authority in our Constitutional Republic. The office of the president’s few and defined powers are written clearly and succinctly in Article Two of the United States Constitution. These powers include the duties to:

•     Pardon offenses

•     Make treaties with the concurrence of 2/3 of Senators

•     Give a State of the Union address

•     Recommend, but not introduce, legislation to Congress

•     Convene emergency session of Congress

Now, for some of the remaining powers I would like to use questions asked by the public to highlight the constitutional ignorance many individuals exhibited.

According to the Constitution, the president will be Commander in Chief when official war is declared by Congress. So, why all the questions about what the president will do about Syria, Iraq, and Russia? Has Congress declared war on these countries?

One citizen named Ken made the statement, “[The] Affordable Care Act, known as Obamacare, it is not affordable.” Then he asked, “What will you do to bring the cost down and make coverage better?” Ken is asking about affordable healthcare without realizing federal healthcare is unconstitutional and therefore no authority exists for the president to execute this pretended legislation.

Citizen Spencer Maass queried, “What specific tax provisions will you change to ensure the wealthiest Americans pay their fair share in taxes?” Unfortunately neither Spencer, or either candidate, were aware that Article I, Section 9, Clause 4, provides: “No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein-before directed to be taken.” (Black’s Law Dictionary, 5th Edition, defines “capitation tax” as “a tax or imposition on the person.”) Therefore, IRS agents are not federal officers and there is no authority for the president to determine any tax codes or any authority for the unconstitutional individual federal income taxes.

It is obvious Americans themselves have been influenced more by progressive media talking points than the actual law.

This coming January, one of these aspiring candidates will swear that sacred oath before God to “preserve, protect, and defend the Constitution of the United States.” I pray our elected officials, and all Americans, turn away from ignorance, and instead uphold the “American View” of law and government.

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Jake MacAulay serves as the Chief Operating Officer of the Institute on the Constitution (IOTC), an educational outreach that presents the founders’ “American View” of law and government. The former co-host of the syndicated talk show, The Sons of Liberty, he is an ordained minister and has spoken to audiences nation-wide, and has established the American Club, a constitutional study group in public and private schools.

Jake MacAulay

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