The Constitution

You must vote to preserve it!

Happy Constitution Day!

September 17th is the day that we reserve for honoring our Constitution. Did you know that? I’m afraid not many people do. This is surely not something that is taught in schools today. Just like civics classes have long been absent from our nation’s schools, education about our Constitution is also sorely lacking. Yet, it should be the paramount thing that we are teaching our youth! Why? Because it is the key to a free and happy life.

I explain…

We first need to step back in time. About 250 years ago. A much simpler time in many ways. There were no cars, no paved roads, no computers, no internet, certainly no cell phones - in fact there were no telephones at all. Communication mainly happened by people meeting face-to-face and talking to one another. Imagine that?!

Some people say that our Founding Fathers predicted it all... that they knew the government would one day spin out of control and become dictatorial. I say, it wasn’t a prediction, but a result of infliction.

Think about it, our Founding Fathers came from tyranny. They knew exactly what it was like to suffer under a monarch, one-man rule with an obedient, aristocratic Parliament, where edicts and whims of one person or a select few would upturn lives, cause pain and suffering, and in some cases, result in death. They knew what it was like to petition the King, and have their requests fall on deaf ears. They knew what it was like to work hard to provide for their families, have to pay taxes on their goods and lands, and then watch the “authorities” squander their hard-earned tax dollars on things that would never benefit them, and in some cases would outright hurt them. Their famous cry became, “No taxation without representation!”  

And so, they broke free. They fought a long, bloody revolutionary war, it was gruesome and all-encompassing. Ultimately, they won their freedom, and their historic stand against tyranny was enshrined in our Declaration of Independence. They also crafted our Constitution, and they structured it such that, if followed, it would protect generations to come from authoritarian rule.

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The Constitution was written to keep the GOVERNMENT in check. It was not written to keep the people in check!

Something that I often explain when I am giving a speech or a presentation is that our Founding Fathers wrote our Constitution to enshrine our rights, and then they built the government to protect those rights. The government is not supposed to control us. We are supposed to control the government. We do that through suffrage (i.e. voting). Here in New York, suffrage is so sacred, our State constitution lists it second only to our Bill of Rights.

There are a couple of other key points to recognize:

• The states created the federal government. The federal government did not create the states.

• Any power not specifically endowed upon the federal government in the Constitution is reserved for the people or the states.

• The Constitution lays out our 3 co-equal branches of government and their enumerated powers (Legislative Branch, Judicial Branch, Executive Branch). The checks and balances set forth in our Constitution are there to prevent any one branch from becoming too powerful. This is the Separation of Powers doctrine. When one branch goes astray, it’s up to the other branches to put that branch back in its place.

To that last point, that is exactly what we did with our historic win in our “quarantine camp” lawsuit here in New York! The Executive Branch (Governor Hochul and her Department of Health) severely breached the Separation of Powers doctrine and made a regulation that conflicted with a New York State law, and with the constitution. So, on behalf of a group of NYS Legislators (Senator George Borrello, Assemblyman Chris Tague, Congressman Mike Lawler, and a citizens’ group called Uniting NYS) I sued Governor Hochul and her DOH for their unconstitutional Isolation and Quarantine Procedures regulation which allowed the DOH lock up or lock down New Yorkers for an indefinite amount of time, without any proof you were actually sick, with no way to get out once they locked you up! You can get more information about that case, Borrello v. Hochul, HERE.

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Photo credit to emanphoto.com

Our Founding Fathers’ grievances against the tyrannical King in England sound eerily familiar to what we are dealing with today.

Surely you have heard the adage, “History repeats itself.” And so, here we are, almost 250 years later, and in many ways we are living under tyranny. We have Executive branches across the nation (and at the federal level) consistently breaching separation of powers (the cornerstone of our free society). When one branch of government usurps the power of the other branch(es), that is tyranny. And it is We the People who suffer under tyranny.

I call it usurpation of power. Also known as breach of separation of powers. Some call it the administrative state. Whichever tag you use, it gets us to the same place: this is government overreach, which means our Constitution is under attack! Another form of government overreach that we see, especially here in New York, is the super-majority, Democrat controlled NYS Legislature doing whatever they want, whenever they want, however they want… constitution be damned. As a result, attorneys like me have to then bring lawsuits against the Executive and/or Legislative branches to get the Judicial branch to (presumably) put the other two back into their lane.

A few examples of late:

• My quarantine camp lawsuit victory against Governor Hochul’s illegal quarantine regulation which was struck down as unconstitutional… www.UnitingNYS.com/lawsuit

• My lawsuit against Proposal #1 (which the Dems have untruthfully dubbed the “Equal Rights Amendment” so they can dupe you into voting for it even though it will abolish many of your rights). For more on Prop 1 and why you should vote NO, you can watch a recent interview I did HERE.

• Biden’s EPA (power plant emissions limitations) regulation struck down as unconstitutional…

• Biden’s OSHA (vaxx or mask/test) regulation struck down as unconstitutional…

• Biden’s CDC (eviction moratorium) struck down as unconstitutional…

• Biden’s student loan forgiveness program struck down as unconstitutional…

The list goes on and on. These are cases where the Constitution won; which is wonderful of course. However, this model is not sustainable. Meaning, we can’t just keep bringing lawsuits to put the overreaching, totalitarian government back in their lanes. Lawsuits take time. They take money. They take resources. They risk being overturned by an activist appellate court. They require lawyers willing to go against the grain to take up the fight. The lawsuits aren’t easy because all of the above-noted ingredients are rare commodities, especially funding. For the past 2.5 years, I have been handling our quarantine camp lawsuit (which Governor Hochul appealed, got reversed, and now I am appealing) pro bono, which means I am doing it for free. But that is not sustainable either! (If you’d like to support our legal fund, you can do so HERE).

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Our Constitution is only as good as the people it protects.

If the politicians don’t uphold the Constitution, then it becomes useless. If the people don’t require the politicians follow the Constitution, it is useless.

The Constitution must be upheld. Public servants are supposed to swear an oath to uphold the Constitution when they take office. Ask yourself this: “Are my representatives (State and federal), upholding the Constitution? Or are they violating my rights and freedoms, and making my life more difficult and less pleasurable?” I guarantee you the answer to that question is, “No! They are not upholding the Constitution. And yes, they are severely violating your rights!” Think about it. What is our society today? It’s a world where right is wrong, up is down, and evil is good.

• If a man pretends to be a woman, or vice versa, you are required to pretend with him or her. If you do not, you are the bad guy.
• Somehow it’s un-American for the census to count how many Americans are in America. The government wants you to think it’s appropriate to also count illegal aliens. Hint: the census determines how many votes a state gets in Congress.
• Other countries influencing our elections are bad, but illegals voting in our elections are good.
• People who have never owned slaves should pay slavery reparations to people who have never been slaves. And yet the iconic black activist and leader, Martin Luther King, Jr. preached that you should not judge people based on the color of their skin.
• People who have never been to college, or who went to college and paid off their large loans, should pay the debts of college students who took out massive loans for their college degrees that they alone will benefit from.
• Immigrants with serious diseases like tuberculosis and polio are welcome, but Americans must prove their children are vaccinated with over 70 shots or they won’t be allowed in school.
• Well educated foreignors with doctorates and impressive degrees who want to emigrate to the US must go through a rigorous vetting process, but any illiterate migrant who scuttles over our southern (or northern) border in the dark of night is welcome. If you say anything about it, you’re a racist.
• You get strictly screened and sometimes patted down at the airport, but terrorists are walking across our southern border and Biden/Harris are flying criminals from other countries into the US at alarming rates.
• People who say there is no such thing as gender and that race shouldn’t matter are demanding a black, female President.
• Criminals are caught and released to hurt more people, but stopping them is bad because it’s a violation of THEIR rights.

Is this the country that you want to live in? Are you better off now than you were under the prior administration? No way. Never. To that I say, election day is November 5th. We must vote to preserve our Constitution, and our way of life. If you don’t like your quality of life today, then vote OUT all of the current hacks, and vote in those candidates that will uphold our Constitution and defend you against this toxic government we now have.

Various US Senators and members of the US House of Representative are up for election. Here in New York, every NYS Senator and Assembly member is up for election. And of course, the President is up for election.

VOTE. And bring your friends and family to vote too. If you are here in New York, be sure to vote NO on Prop 1. (More on that here).

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