ORIGINAL INTENT THEOLOGY
            [By Eric Cox] 

Conservatives place great emphasis on a strict reading of the Constitution and the views of our founders.  However it is easy to hoist them on their own petard by examining the Constitution and the conflicting views of our early founders.   

Let's look at the exact wording of the Constitution. The eight amendment of the Bill of Rights is explicit on preventing torture stating "....nor cruel and unusual punishment inflicted."  So much for water boarding and enhanced interrogation techniques. 

Article four of the Bill of Rights is explicitly clear preventing "the right of people in their persons, houses, and effects against unreasonable searches and seizures shall not be violated"  So much for wiretaps and reading emails without judicial approval.   

Article Six is explicit regarding the extensive reach of treaties stating "all treaties which shall me made under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby and anything in the Constitution or the laws of any State to the contrary notwithstanding." Stated differently, it means that treaties can override the Constitution.  When our current president took the oath of office to uphold the laws of the land possibly he was ignorant of this very explicit provision when he unilaterally revoked a series of treaties ratified by Congress from previous presidents of both parties.   

Section Six is clear stating the "the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".   

It would be a good idea for the strict constructionist to read our founding document.   

Now let's look of the views of early founders.  All might agree that Jefferson and Hamilton were key founders but their views were sharply divergent. One can go to Jefferson for one for one view and to Hamilton for the opposite opinion.

Our early founders to a person it seems were keen on The Laws of Nations which they viewed were derived from Natural Law. That is a key reason why they viewed treaties that were ratified as overriding the Constitution.    

Our first three presidents were against starting new wars with England or France, having previously fought wars with both nations and all three kept the war hawks at bay by preventing new wars. But this caution was tossed aside by our forth President, namely Madison, the father of the Constitution, no less. He initiated a new war with England in the War of 1812, which we lost and which we celebrate in the Star Spangled Banner. Few who sing or try to sing on tune this bellicose melody realize that it celebrates a war we started. So, in honesty, one ought to give a point or two to those who think the Iraq war was a good war.    

In my historical novel about two crucial founders I point out lots of information about those who fashioned our nation including some of the points above that historians don't seem to want to tell you, such as George Washington triggered the French and Indian War by killing the French ambassador. Nor do they like to tell you that had we not divorced Mother England we might have had our bloody Civil War because the Brits abolished slavery in their colonies in the 1830's.  My book, which lauds our first president, is CONVERSATIONS WITH GEORGE WASHINGTON AND BENJAMIN RUSH, available on Amazon.

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