Challenging the U.S. Constitution

By MG Paul Vallely, US Army (Ret) and
Col Andrew P. O’Meara, Jr., US Army (Ret)

The introduction of Diversity, Equity, and Inclusion (DEI) and Critical Race Theory (CRT) as part of the curriculum of the Service Academies has raised fears for the security of the U.S. Constitution. After years of ignoring, opposing, and criticizing the Constitution, it is feared the Democrats are determined to abolish the US Constitution, replacing it with WOKE doctrine, including DEI and CRT.

A far more legitimate case for the U.S. Constitution rests upon over two centuries of successful representative government by, for, and of the people. Since concepts contained in DEI and CRT challenge the Constitution as written by the founders, the case for the WOKE doctrines is called into question. It is a severe problem. The Constitution of the Republic is the highest law in the Land.

A recently published article by a Professor at the Military Academy addresses support for the Constitution at the Academy. While professing loyalty to the Constitution by the Staff and Faculty, the professor asserts cadets at the Academy regularly revise the wording of the Oath taken by all cadets to defend the Constitution. The admission reveals the Oath is seen as communal property to do with cadets and faculty please, a gross misunderstanding.

If that misunderstanding were not bad enough, the dilemma is aggravated by the challenges posed by WOKE policy to the founding principles of the United States contained in the Constitution. Regrettably, the Professor’s article completely ignores the contradictions posed by CRT and DEI to the Constitution.

The Constitution and the Declaration of Independence jointly capture the founding principles of the United States of America. Included among these principles are all men are created equal; we the people are endowed with inalienable rights to life, liberty, and happiness (understood as ownership of property); the people are sovereign; and American representative government in the form of a Constitutional Republic can only be altered by the American people through the Constitutionally approved amendment process.

The oath to defend the Constitution and the Constitution itself are mutually inclusive and intrinsically connected. Both the Constitution and the Oath are immutable. Neither can be changed without the permission of the people. Like the Constitution, the Oath is subject to change exclusively at the pleasure of the people of the United States.

It is reassuring to know that the faculty of the Military Academy acknowledges loyalty to the U.S. Constitution. Nonetheless, the CRT and DEI taught by the Service Academies pose a political revolution that deconstructs, denies, and abolishes principles in the U.S. Constitution. Specifically, Critical Race Theory (CRT) and Diversity, Equity, and Inclusion (DEI) refute fundamental beliefs we call the founding principles of the USA.

Whereas the Constitution is the exclusive property of the American people, CRT and DEI are the policy of the Biden Administration. American citizens must object when contradictions arise between party policy and the Constitution. Insofar as CRT and DEI reject fundamental principles contained in the Constitution and the Declaration of Independence, their legitimacy must be judged unfounded.

CRT and DEI are racist. They affirm all men are unequal. They teach that Blacks are superior because whites enjoy privileges. In compensation for perceived white privilege, CRT and DEI require blacks to be granted advantages in the form of favoritism and affirmative action.

CRT and DEI bar promotions are based on merit, and mandate promotions are based on racial preferences. Persons of color are favored for promotion. CRT and DEI dictate academic achievement based entirely on an individual’s skin color.

Additionally, CRT and DEI prohibit freedom of speech to protect minorities from emotional stress. They advocate Marxist dogma, e.g., the importance of equity instead of equality. They require history to be rewritten to abolish American heritage.

These contradictions between the principles of the American founders and WOKE policy reveal the Administration’s policy contains serious errors, including social injustice and racial prejudice. They established racial tyranny that would abolish individual liberty, deny American exceptionalism, obstruct merit, undermine integrity, deny social justice, and subvert academic freedom. Furthermore, the WOKE changes are unlawful until approved by the people.

It is necessary to remind the Staff and Faculty of the Military Academy and the Associated Press of the nature of the Oath taken by cadets. It is the property of the American people. It is not subject to opinions held by members of the Corps of Cadets. On the contrary, the Oath, the Constitution, and the Declaration of Independence are immutable. They are the exclusive property of the people of the United States of America. They are subject to change based exclusively upon the will of the people.

We remind the Faculty of the Military Academy that the founding principles contained in the Constitution are not subject to change to accommodate the wishes of any political party. They are immutable and hold precedence over political party platforms. Party policy containing contradictions with the Constitution is unlawful. Accordingly, contradictions between party philosophy and the Constitution dictate party philosophy be deconflicted to conform with the Constitution.

Since CRT and DEI call for the abolition of excellence, suppression of liberty, denial of justice, and imposition of racial prejudice upon us, the people, we call upon the Administration to revise party doctrine in conflict with the fundamental principles of the United States Constitution.

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