After the United States Senate’s latest “middle-of-the-night” vote on health care I had to ask myself several questions about where we the people stand in America.   I believe we must follow the safeguards instilled in the Declaration and Constitution and as explained in the writings of the founders to restore our nation.

However, the health care vote has challenged my thinking and caused me to  dig deeper into the danger of these actions and the remedy to them. I believe the gauntlet has been thrown down by those who are supposed to represent us. They have challenged us to engage in a contest for liberty in America.  If we fail to take up the gauntlet they will continue to take on powers that are not theirs to exercise and our liberties will be lost.

It was not their intention to challenge the people but they have. They obviously do not take us seriously enough to worry about what we think. They don’t listen to our cries of opposition. Instead they label us rebels, malcontents, uneducated, bigots, etc. If we oppose their policies, we must be ignorant because that could be the only reason we don’t understand  they are much wiser than us.

This kind of thinking  has put us in the position we find ourselves in today. We the people must shoulder part of the blame for this situation. We have set back and let the government take on powers that are not theirs to make it easier on us to pursue our own interests.  For example, it is easier for us to let the government take care of the needy than it is for us to have to take a little money out of our own pocket to help a neighbor in need. What the heck, isn’t that what we pay taxes for?  We have allowed the current attitude within government to foster and spread like an insidious cancer.

After Senators Nelson and Lieberman caved to give Harry Reid 60 votes in the cover of darkness (so much for transparency) what can we do? One thing we can do is call for the immediate resignation of any Senator who participated in the overt act of war against the Constitution and the people.  I know you are thinking, “they won’t do it Keith.” No they probably won’t but we need to demand it anyway.

Secondly, we need to actively seek and campaign for a good Constitutional minded replacement for them.  Unfortunately, like in the case of Senator Claire McCaskill, the opportunity to replace them may not come until 2012. We must ensure however, we do not send someone in their place who will be easily led astray or is overtly influenced by a political party.  It needs to be someone who will stand for the concept of state sovereignty and will stand in support of the 10th Amendments restrictions on the federal government. A person who can understand the principle that enumerated powers means limited power.

As I was preparing to write this post, I read through the Constitution several times and skimmed the Federalist Papers trying to find a way to charge these rebellious Senators with treason or high crimes and misdemeanors.  Unfortunately, this is one area where the Constitution is vague or week in my opinion.

Article I Section 6, they cannot be arrested while in attendance of the session or in going to or returning from the same unless they have committed treason, a felony, and breech of peace.  It also states they will not be questioned in any other place.

Article II Section 4, says that the President, Vice President, and all civil Officers of the United states shall be removed from office on impeachment for, and conviction of, Treason, Bribery, or other high crimes and misdemeanors.    I believe we can charge the President with bribery and high crimes and  misdemeanors for his heavy handed schemes of blackmail against those that stood in opposition within his own party. I also believe if you look at what the Senators who voted for this bill as levying war against the people they can be charged as well.

Article III Section 3, defines treason against the United States as in levying (waging or carrying on) war against them, or in adhering to their enemies.  If you understand John Locke’s logic, which the founders did, these 60 Senators and the President’s actions can be defined as carrying on a war against the people.

Article V, says  Senators shall be bound by oath or affirmation to support the Constitution. Their actions are clearly in violation of this section.

Thirdly, I believe they can be charged with treason, high crimes and misdemeanors, and breaking their oath to the Constitution. The President, Harry Reid, and the leadership can be charged with bribery and all of them can be charged with treason for waging war against the states and the people.  All warrant removal from office upon conviction.

In closing, here are a few ways we can face the challenge and actions we must take:

Start a campaign in your state to demand the resignation of any Senator who participated in these action.

Hold a press conference in front of their local offices.  Find and support a candidate to replace them.

Push your state legislature to censure any Senator who participated.

Have your state legislature demand their removal from office for their crimes.

Vote them out of office at the next opportunity  if all else fails.

Will we pick up the gauntlet and accept the challenge?  Or will we fail to take action once again and let them enslave us.? Truly united we stand, divided we will fall.