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Our Government and our Constitution

Updated on October 19, 2009

 This is a letter I have written to all of America to educate them on the Constitution and how the government has been and is unconstitutional. And to let everyone know that I will no longer stay myself, and that I will no stand up and fight for my rights and freedoms.


To Fox News, MSNBC, CNN, Fox Thirteen, KSL, ABC 4 News KTVX, and 2 News KUTV,

My name is Richard Benson, I live in Utah and I have been quiet for far too long. Not only me, but also the Media, the American People, the People of the World, and our current Government. And for those Media who can’t tell the truth let me say this; that not only am I sending a copy to each of the Media mentioned above but I am posting this on Google, Hub Pages and other places on the internet and also through e-mail. So be warned now that this will get out and those who don’t read this unedited and true on national TV, the people will know it. You have been forewarned. Right here and now I declare the words that should have been spoken by those who know better and who are trusted to tell the truth! I begin by quoting some famous words, well they should be famous, from the Declaration of Independence. "…That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism (or dictator), it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." These words mean that when something is wrong, that those who have the power to, have the sole responsibility, fix the wrong and make it right. This is what I am doing at this time.

Now here are some words to Jimmy Carter, Nancy Pelosi, and others of such nature: after reading this you can say that I am a "racist" an "unruly mob" a "conspirator" or whatever you want to say, to rationalize or justify my statements away. But you cannot slay the truth and it is the truth I have. These statements are not based on racism because I can and do say these things for all those people who are unconstitutional, regardless of race or gender. And let me also say, because I have much experience in the way of argument, that when the losing side knows it is losing it avoids conceding by spouting off pointless words and back bites, or flip flop to my side to throw people off. So when certain people AKA Jimmy Carter, Nancy Pelosi, and others say that I am a something or other (or whatever they say) you all will know why they are saying those things.

At this time let me say those things that need to be said and spread throughout the world. Let’s devote oneself to the understanding of a few important details of the Constitution of the United States of America. Here are the powers and rights of congress:

  • The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
  • To borrow Money on the credit of the United States! To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  • To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States! To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
  • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  • To establish Post Offices and post Roads;
  • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  • To constitute Tribunals inferior to the supreme Court;
  • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations! To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years! To provide and maintain a Navy;
  • To make Rules for the Government and Regulation of the land and naval Forces;
  • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
  • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
  • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Now here are the powers and rights of the President of the United States of America:

  • The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment;
  • He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments;
  • The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions, which shall expire at the End of their next Session;

And let’s not forget Amendment Ten of the Bill of Rights:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Now that the foundation is built, let us heretofore, build the rest of the enlightenment. With all the new bills and proposals one might ask: are these right or are these constitutional? If one would read the Constitution and the Bill of Rights the answer is simple: no! The only things that the Government can Legislate are in the Constitution and none else. Hence the Healthcare bill, the Sub Prime loans, the Stimulus Package, and the Bailouts are all unconstitutional. And for those who dare talk about the cooperative federalism loophole; let me ask one question. Did the Government ever say they would provide significant matching funds? Simple answer, no! Therefore there is no cooperative federalism.

I want to focus on the healthcare bill, because it has yet to be passed. We have already made it perfectly clear that this bill is unconstitutional and therefore void. But let us explore some more illegal, unlawful, and illogical things about it. The first is about the opening statement of it: To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes. In the bill it has various funds and funding that will supposedly reduce health care costs by having these funds paid from the treasury, in the fiscal year 2010 over seven billion dollars will be taken out of the treasury and each succeeding year it will grow by over one billion dollars. Let’s examine a few things that are illogical about this; first America is in debt by over eleven trillion dollars. So if we are in debt and the treasury is basically empty, by subtracting assets and liabilities, where will they get the money for these funds? By raising taxes. So we have higher taxes to pay and on top of that we have to pay health insurance and other health care costs. How will spending and taking money save money? In section 113 of said bill it has a set of rules of prices and rates for insurance. This is in direct violation of the Constitution and to take this further this is not a case of interstate commerce. In the case of Paul v. Virginia it states "Insurance is not interstate commerce." The only things the federal government can set prices for, in the country, are interstate commerce. In short this whole entire bill is making it possible for the government to control all of the health care, all the insurance, all the medicine, all the hospitals, all the doctor’s offices, all the ER’s, all research facilities, and the list goes on and on. So America do you want to have this system of healthcare? If you do you don’t have a pulse.

At this time let’s explore what the courts have already said about the Government controlling the medicine and how healthcare works. In Linder v. United Sates, the Supreme Court said: "Obviously, direct control of medical practice in the states is beyond the power of the federal government." And here are some more court cases for you all to look at and study, since none of you don’t get it. Young v. United States, United States v. Anthony, United States v. Evers, Ghadiali v. Delaware State Medical Society. All these cases have said the same thing that practice of medicine is a state concern. And if the Courts, including the Supreme Court, are stupid enough to declare otherwise. They themselves are unconstitutional because the Constitution does not change! Not only that but if they did declare other wise, then anarchy would ensue. If it is legal to be illegal then no one would obey the law and no one would care, because the defenders and protectors of freedom don’t care. And this would be a case of ex post facto and that in itself is unconstitutional (Article One Section Nine of the Constitution).

And now as we can see that this current Government both Legislative and Executive are unconstitutional let us do something about instead of being led into a death trap by a bunch of incompetent people who have no idea what America is all about. Let us tell the Government that they do what we say! They are our servants! America, it is time to make America great once again. She has lost most of her luster and grandeur, we need to get it back. There are five hundred and forty-five people who need to be reminded who they work for. Employers tell the employees what to do, not they other way around. And these people are Congress, the President, and the Supreme Court Justices. And for the heck of it here are some reasons that the founding fathers wrote in the Declaration of Independence that the King did and that our current Government has done, and it is scary when you think about it.

  • He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. AKA Czars and officers from the healthcare bill
  • For imposing Taxes on us without our Consent. AKA Stimulus package and Bailouts
  • For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments. AKA taking over the Banking System and the Auto Industry

I conclude by saying this that if by some horrible reason the healthcare bill gets passed I will see the Government in court for being unconstitutional. They might have money and thousands of attorneys and lawyers and words of eloquence - dividing and subdividing subjects, building up a fine superstructure of cosmic proportions to fascinate the mind. But I have one thing that they don’t have, the truth. The world with all its wisdom and power, with all the glory and gilded show of its potentate’s, sinks into perfect insignificance when compared to the simple, unadorned truth.

Richard Benson


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    • RichardBBenson profile image

      RichardBBenson 8 years ago

      Thanks eovery.

    • eovery profile image

      eovery 8 years ago from MIddle of the Boondocks of Iowa

      Thanks for the information and the Supreme Court has already ruled on health control. Very Interesting!

      Keep on Hubbing!


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