HiddenMysteries: Congress Must Begin by Thinking Outside the Box

If thinking outside the Box was good for Bush, then the House of the People, and the House of the States could and should do the same thing.

For Congress an opportune time has arisen giving that body the right and reason to reclaim its constitutional powers as intended by the founders of this confederation of states called the United States. By approaching matters, as Bush, his GOP cohorts, and his actions have done, Congress could teach the Executive Branch and the GOP what Conservatism and Constitutional government really is.

Bush and his GOP accomplices have been good at redefining approaches that evade law and that evade the constitution. For example, when is a Prisoner of War not a prisoner of war? When he is released back to the nation that is or was at war. Bush has created two wars under his War on Terrorism, that in a legal sense are not truly wars, since CONGRESS did not declare war. They are acts of armed aggression in other nations who are not at war with the United States. Bush is terrorist hunting, so since there is no 'legal' war, the prisoners have been redefined as enemy combatants. Upon the intention to release the combatants, Bush finds that the home nations do not want them, making them stateless persons. Upon this designation of 'stateless' he presumes and assumes Executive Authority and Jurisdiction over them as Commander in Chief.

You have to admit the situation created by Bush and his GOP accomplices is almost a genius approach to thwart, deny, redefine, and ignore existing laws and the Constitution. By redefining this particular class of prisoners of war, as enemy combatants, there were probably no laws that expressly approached this class of prisoner. Bush's attitude to existing law is 'intention' of law be damned. If Bush is not denied expressly, a power, or finds away around that law, he continues full steam ahead. By thinking outside the box, Bush is acting NON-constitutionally in most cases and NOT acting UN-constitutionally. By using a new class of prisoners, that Bush created, he also ignores and thwarts the Law of Nations, International Law, International Treaties, State laws, and U.N. Treaties, because none of these bodies of law address 'enemy combatants.'

By thinking outside the box, Bush uses late appointments, to appoint Judges and other officials that are very controversial, giving the Senate little or no time to debate the appointment before scheduled recesses. Then the GOP criminal is reappointed by Bush during the Senate recess using the law and constitution to thwart the intention of law and the constitution.

Congress must use these same approaches to reign in this Bush dictator wannabe. Congress can use NON-constitutional methods and strict construction of the constitution to teach this president a lesson and end his rule by tyranny.

There are a number of ways Congress can begin that simply require thinking outside the box. Bush understands that just because it's been a certain way for 200+ years doesn't mean it cannot be done differently to achieve his tyrannical goals. Congress expected Bush to operate as presidents have operated in the past, and were not prepared for the 'thinking out of the box' methods Bush used.

Congress should use the Supreme Court decision of 1869 in Texas vs. White to their advantage. Though this ruling is absurd, it can be used until it forces another Supreme Court to overturn this illegal court ruling. This judicial decision gave authority and power to the Articles of Confederation, that most people think the Constitution replaced. That court ruling actually places the Articles of Confederation as the controlling compact between the states with the Constitution being a major amendment to it. Texas was forced back into the Union, after the GOP war against State's Rights and Powers, not through the Constitution, but through the Articles of Confederation!

That Radical Rump GOP court ruled that Texas joined a 'perpetual union' due to the history of the US and the wording in the Articles of Confederation, which states, "that the Union shall be perpetual." On the power of that Supreme Court ruling Congress has to realize that the Articles of Confederation are a governing document except where amended or changed by the later Constitution. The Supreme Court carefully ignored the 'other' perpetual phrase in the Articles of Confederation, which by their ruling made active and operative. The Articles of Confederation also states "the Articles thereof shall be inviolably observed by the States," meaning the Articles of Confederation are secure from violation or profanation and impregnable to assault or trespass; invincible (from American Heritage Dictionary), i.e. PERPETUAL.

How can Texas be declared a perpetual state of the Union when the perpetual document violated its own perpetuality?

This clause denies the States the right to create a new governing document replacing the Articles of Confederation, therefore the Constitution is an amendment to the Articles of Confederation.

Recall the structure of Congress: the Senate is the House of the States and the House of Representatives is the House of the People. The members of each house are not representatives of the political parties! They answer to the people and the states. If they fail to act in those capacities, they are in violation of the Articles amended by the Constitution. If any of the three heads of federal government, the Executive, Congress or Judiciary violate the Articles as amended without the other two putting a stop to the breaking law, then the Articles amended by the Constitution become a void contract, in all viable laws, and the States are no longer obligated to perform within the bounds of a broken contract. This is the great importance of an active and lawful checks and balance system of government.

The Senate, if they would only, THINK OUTSIDE THE BOX, can put a stop to late appointments and recess appointments by this tyrannical President. It's really easy - DON'T RECESS - redefine the time off from Washington D.C. Call it a Legislative vacation? Call it Home State study and research time. Call it any other thing than a recess. It's no different than calling a prisoner of war an enemy combatant. It's tit for tat. With the understanding that the Articles of Confederation are in full force and fully operative, then if Congress must recess then invoke this unaltered clause from the Articles of Confederation:

This right and power of Congress to invoke and establish this committee is not expressly altered nor is it denied by the Constitution and under the Supreme Court decision, it is an operative power of Congress.

Does Congress want to stop the 'secret prisons' of Bush? Does Congress want to stop the torturing of 'enemy combatants' by Bush? Does Congress want to end the travesty of the Bush-GOP Guantanamo Bay Military Concentration Camp?

Here Congress can work 'within' the strict interpretation of the Constitution, and show Bush what conservative application of the Constitution really is.

The Constitution states Congress has the sole authority to :

Congress just simply needs to declare that the 'captured' enemy combatants are Captures regulated by the Constitution and as such the are the sole responsibility of Congress, voiding all Presidential directives and initiatives, since the Congressional authority of Congress is paramount to anything the President 'wants' to do. He is only allowed as Commander in Chief to perform and execute what Congress dictates to him under this power of the Constitution!

Want to end the torture? Then Congress issues the Rules for the Government ordering an end to 'secret prisons', 'secret renditions', and end of all torturous tactics. Congress has sole authority over the Territory and Property of the US, then they can end Guantanamo Base, Prison, and Courts.

The Bush Kangaroo Court of Guantanamo Bay: It is an inferior court to the supreme court. Did Congress constitute that court? Or did Bush 'believe' that as Commander in Chief that he could create an inferior tribunal, just because its military? The Constitution did not deny Congress that authority over the military courts, they are simply courts and tribunals inferior to the supreme Court. Take control and end it or establish humanitarian rules for the military over it.

Oh, but you think that Bush will veto any attempts to over-ride his stolen powers? Well nothing says Congress has to put these decisions into a 'legislative bill' giving Bush even the chance to veto anything. These are direct powers expressly given to Congress. Who says they can be vetoed? The Constitution did not give the President authority to veto 'powers' authorized to Congress. Congress merely needs to send a 'Congressional Order' to all concerned of their decision and direction when it involves a direct and express empowerment of an authority and responsibility of Congress. What can a court do about it? Nothing! Congress is performing it's mandated responsibilities. Anything they would order under their direct powers, would be paramount to any previous executive orders, or even other laws that have been passed or recognized in the past.

There are places that specify that Congress may provide 'by law,' but those expressed Congressional powers are not limited by the 'by law' statement. The founders did not want or expect the President the have the power to over-ride Congress in their expressed powers.

The Constitution grants Congress this authority:

It is NOT necessary for a law to be passed for Congress to obey Constitutional mandates and responsibilities. They simply need to enact something other than legislation - a Congressional Directive or Order fulfilling the requirements of the Constitution mandated on Congress. Think outside the box! The President does not go to Congress or the courts to perform the Constitutional powers of his office. And the Founders did not expect Congress direct powers to be subject to Presidential veto!

Article 1 of the Constitution designates the powers of Congress:

Article 1 Section 9 states:

Nowhere does this say that the military, or any prisoner held by the military is exempt from this privilege. Bush's military and Bush's Justice Department has violated the constitution of the United States by denying the privilege to prisoners held in US Custody, on US territory, under US jurisdiction, and inside US prisons. The supreme court has violated its obligation to put a stop to the president's denying the Writ of Habeas Corpus. Congress has embarrassed itself by not invoking its authority under Article 1 and putting a stop to this travesty.

All three heads of this government has failed the Constitution and by viable law, any of the states may leave the contract (secede) since the Federal Government has not obeyed the Constitution, thus breaking the contract (compact). Do you seen evidence of Rebellion or Invasion that would endanger public safety? Furthermore, if there was a danger to the public, only Congress can suspend the privilege.

Congress did not suspend the privilege and Congress is the only body that can! This is an impeachable act of the President!

Congress is to make rules for ALL civil officers and departments of government. If Congress would locate its own testicles it would remove the Justice Department from the direct authority of the President, due to its abuse of Justice, and begin appointments to that department from within Congress itself, or find another method that allows it to perform its duties defined by law without Presidential interference, operating autonomously from the President. The Constitution does not give the President automatic prosecutorial responsibilities. Since this President has failed in this legislated duty, and has interfered with religious and political restrictions in violation of yet another law, the Congress can rewrite and redirect the authority over the Justice Department. It should impeach Bush and Cheney for high crimes against the Constitution and justice!

Read Article 2 which defines the Executive office of the President and you can easily see that Bush and many others before him have overstated their powers and presumed powers not granted by the Constitution. If Congress has delineated powers to that office in the past, its long past time to repeal those laws. Repeal of a law does not automatically give the President veto power over a repeal. Since the Constitution is moot on that point Congress can act without fear of President veto. It's a non-constitutional move. It's thinking outside the box.

The Federal Courts have failed their duty to the Constitution in case after case. The supreme Court is now a GOP party animal. Congress can reduce the number of justices, the same as they increased them under F.D. Roosevelt. AND there is nothing the supreme Court can do about it.

The 'signing statements' are a NON-constitutional presumption of power and authority by Bush, that the president does not have. The Constitution says he signs it or he doesn't. Nothing else. Any bill where Bush has entered a 'signing statement' did not get signed into law! The Constitution has specified the lawful methods for the President to enter objections to a bill. It does not allow Bush the power he has illegally presumed to have. This is an impeachable offense!

Congress needs to declare all bills null and void that signing statements were used upon, and order the proper departments to record these bills vetoed. They are null and void since Bush did not obey the operation of law. Bush does not have the right to pick and choose within a bill those items he want to abide by and those he wants to violate. It would be debatable whether Congress could even write a law consistent with obeying the Constitution that would even grant signing statements or line item veto powers to the President.

The idea that the President is a fully equal function of government, equal to Congress and equal to the supreme Court is purely bogus.

Congress is comprised of a House of the States and a House of the People, guarding over those rights belonging to them. The President, and the Judges, and the members of Congress are all subject to the Congress in one way or another. That's why it's supposed to be a government by the people, by allowing their Houses to have the final authority.

Senators are supposed to represent their states and Representatives supposedly represent their people. It is absurd that these houses of legislation are allowing these members of Congress to represent political parties, religious beliefs, and personal agendas. Congress has devolved into puppets of the ruling party, which is not a Constitutional directive. Members of Congress have self appointed themselves to be representatives and puppets of lobbies, industries, and special interests, instead of being guardians of our rights and of the Constitution. It was gotten worse under the BUSH-GOP Crime wave we are experiencing now.

You, one of the people, do not get equal representation from your congressmen/women when you have to compete against special interest groups, like AIPAC, Abramoff Mafias, Religious Right WingNuts, and thousands more.

This Congress can, if it can find the intestinal fortitude, and can locate its own testicular resolve, put a stop to the failing of the USA and the failing Constitution. It must stop bowing down to a wannabe emperor and stop fearing a supreme Court. These too must answer to the people and the states and it was set up that by answering and being subject to Congress in the final scheme of things these other two entities in a republican form of government indirectly answered to the people and the states.

Justice is too frail to allow a Justice Department to run rampant on the whim of a president to further political aims and agendas and religious beliefs. Congress must reign the Justice Department in, and remove it from the authority of the president. Congress has the power, sole power, to do this, under the dictates of the Constitution.

The same is true for the State Department. Nothing in the Constitution gives the president authority over that department. Congress is the only one that can end that arrangement and reclaim their authority.

Bush is impeachable for not enforcing the laws of the land, violating international treaties, violating the Laws of Nations (that can be further defined Constitutionally by Congress), and interfering in rights and powers that belong to the states. He has perjured his Oath of Office.

Congress is failing to guarantee and uphold our Bill of Rights, and allowing the President to violate each and every right of man by failing to impeach.

Think outside the box. By thinking outside the box Congress can carefully reclaim its powers and reinstate the Constitution as the law of the land. Congress can do the same as Bush has done to return the nation to the rule of law (i.e. the Constitution) which is supposed to be guaranteed to all of us.

Are the Pelosi democrats up to the challenge and responsibility? The Bush GOP congresses failed all of us miserably.

I don't hold out much hope for Congress righting the wrongs and see secession of several of the states coming, due to the Federal Government breaking and violating the compact --

L. Savage
HiddenMysteries.net

Congress Must Begin by Thinking Outside the Box

Friday, August 03 2007 @ 05:00 PM CDT