The Constitutional Illiteracy of the People and Our Future President

constitution_art2“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:

Woodrow Wilcox


•     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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  • Kevin

    Jake, I hate to be the one who tells you this, but we have not lived according to the Founders Constitution for MANY years! We have not had a President or a Congress that followed it since at LEAST F.D.R.
    I loved Mr. Reagan but even he did not follow the constitution completely. The People of this Country sold our souls for what they THOUGHT was security, and we all know what the founders said would happen. Now we complain about the consequences of our OWN decisions!
    It would require another revolution to restore our country to constitutional rule! I don’t see that happening till the printing presses that print the bribe money shuts down.

    God Help US!

    • Thisoldspouse

      I know this sounds extreme, but we can never return to a constitutional concept of this nation while a significant bloc of the population remains a part of it. Ayn Rand may have gotten a lot of it wrong, but she was prescient about the lack of viability of a free people while a significant parasite culture remained.

      This is even reflected in God’s instructions for the newly freed nation of Israel’s dealings with conquered people; any remnant left would leave a festering infection, so they were wisely instructed to wipe them out – completely. These nations were pagan through and through, practicing sexual deviancy and child sacrifice, so it was imperative to wipe their memory from the face of the earth.

      The Founders knew that our system of government could only work with a moral people.