Constitutional Duty


Allen West


September 28, 2023

Constitution: the basic principles and laws of a nation, state, or social group that determine the powers and duties of the governing body (government) and guarantee certain rights to the people (citizens) in it. A written instrument containing the fundamental rules of a political or social organization. 

Once again, I want to reiterate that these United States of America form a Constitutional Republic, bound and established by the Declaration of Independence and codified in our US Constitution, our rule of law. I use the reference “these” because our nation was created by free and independent states, who also possess their respective constitutions. As well, we are not a democracy, though we do have a system of representative democracy whereby the people are represented by those elected officials to govern according to our rule of law, our Constitution. These elected officials serve us based upon the “consent of the governed” and our relationship between the government and the governed is rooted in the “laws of nature and nature’s God.” Thomas Jefferson was referring to English political philosopher John Locke’s Natural Rights theory, 1683, Second Treatise of Government. Locke established that individual rights, naturally, are extended to all mankind directly from the Creator God (Judeo-Christian faith heritage), being life, liberty, and property. French economist Frederic Bastiat wrote an essay titled, “The Law” in 1850 that further defined the duty, role, and responsibility of government towards the individual. Simply, to protect the life, liberty, and property of the individual.

Now, ask yourselves, how many of your elected officials could write such a paragraph after a four mile run at 0530 and before 0800, for your civilians that is 5:30am and 8am?

My point is that we need more elected officials taken from amongst the people who understand the fundamental principles of our Republic. We need those who can easily articulate it at any point and time, as well as live it with a firm commitment and resolve. There are two very glaring problems in America, the electorate has grown apathetic and dismisses the necessity of constitutional governance. This has enabled a new group of elected officials. People who disregard constitutional governance in exchange for self and special interests . . . not the interests or consent of the governed. The result is a new political elite class who deem themselves above the rule of law, and eschew their constitutional duty over political agendas.

Don’t get me wrong. Folks do have the right to think and believe as they want, something that the progressive socialist leftists do not believe. However, when it comes to governing our Republic, it is clear that philosophies and ideologies that undermine individual rights and our constitution are, well, unacceptable.

Let’s look at two very clear examples of elected officials failing to abide by their constitutional duty. This is a bipartisan problem. One thing y’all have come to know about da ol’ Colonel is that my oath was to the Constitution of these United States, and I will happily call out any violators of said principles.

First, let us begin with the House of Representatives, currently under Republican majority, albeit a slim majority. We are four days away from the end of the fiscal year. This Sunday, October 1 represents not just the beginning of a new month, but also a new fiscal year, FY2024. The US House of Representatives has the constitutionally enumerated power of being the keeper of the government “purse.” All fiscal matters must originate and have final passage in the US House of Representatives. This is yet another reason why Obamacare was unconstitutional; because the US Senate was the final legislative body of passage. Along with that duty, the entire Congress, House of Representatives and Senate, have the constitutionally mandated duty to pass a budget for each fiscal year. Truly, this is their only mandated duty, one which they continually fail to achieve. Regular order in the Congress means passing 12 appropriations bills for the funding of the government before September 30.

As I prepare this missive, it appears, once again, that this constitutional duty will not be met. This often leads to unconstitutional stop gap funding measures such as continuing resolutions and then the massive omnibus spending packages at year’s end, which, as usual no one will read.

I just have to ask: why did Congress, especially the US House of Representatives, take a month’s long hiatus, calling a “recess” when they were not on track for completing their constitutional duty? If I were House Speaker, I would have laid down quarterly legislative goals and objectives; Jan to March, April to June, and July to September. That final quarter would have been focused on, and dedicated to, completion of the constitutionally mandated duty to produce a budget. And no, there would not be any August recess.

The other example of failure to adhere to constitutional duty is on our southern border. Article IV, Section 4 of the US Constitution clearly states:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”

This constitutional duty failure lays at the feet of the federal government, the Executive Branch. It also extends to the Executive Branch of the State of Texas where the State Constitution mandates that the governor, in Article IV, Section 7, is Commander-in-Chief of military forces. He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions [emphases mine].

What happens when elected officials of the Executive Branch fail to honor their oath to respective constitutional duties? Well, in this case, we get massive increases in drug, human, and sex trafficking along with greater domestic violence. No one at the federal or state level of government is executing their constitutional duty regarding protecting the sovereignty of our Republic, or States. And when we see 6-7 million illegal immigrants entering our country and receiving taxpayer-funded benefits, drivers licenses, jobs, and in some cases the right to vote, we are in dangerous territory.

The ability of American citizens, natural born and naturalized, to Live Free is adversely affected when elected officials disregard their constitutional duty. We at the American Constitutional Rights Union will continue to address this issue. But, it is up to the American electorate to stop participating in the largest Pavlovian experiment known to man. We keep rewarding failure and abhorrent governmental behavior with our electoral support, and our votes. This is a bipartisan issue. At the minimum, why are we paying salaries to those who are not fulfilling their duties? Clearly, in the private sector, if you do not do your work, you do not get paid, and you get fired.

Without a federal budget, debt and deficits will continue to grow, thereby hurting the American people.

Not securing our border? Well, drug, human and sex trafficking, along with crime continues to grow, also hurts the American people.

Next year, in 2024, it will be time to issue pink slips to many elected officials, or else we get what we deserve.

Steadfast and Loyal.



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