America is now at war. It is a civil war, but no shots will be fired. It's a war over the Constitution, yet it will be through the Constitution that the winner will be determined. 

The opponents in this war are not Republicans against Democrats. This war is between the American people and their government. Some of the American people, though, will choose -- have chosen -- sides with the government.

Too many Republicans have sided wrongly in this war. They justify their choice by calling themselves "compassionate conservatives," and such.

The government has many advantages over the people in this war. It has the authority to make law -- the very rules of this war. Government is legislator, prosecutor and judge, yet it is a contestant, too. Our government has clearly shown its contempt and disregard for the rule of law. In other words, our government cheats.

Obama doesn't merely cheat; he plays dirty.

Another advantage that the government has is the power to tax. As we saw today with the ObamaCare decision, the government institutes fines and calls them taxes, all in the name of "complying" with the Constitution. Our government lies.

Government routinely violates our First Amendment, Second Amendment, Fourth Amendment, Fifth Amendment and many rights endowed on us by our Creator. Government cannot take them from us. Our government steals.

This war can only be won by the people through the very Constitution over which we fight.

We will not, however, win by litigating. The courts are not merely on the side of our opponent, they are part of our opponent's arsenal. In upholding ObamaCare, Chief Justice John Roberts essentially said that himself:

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices . . . .

In essence Roberts said, "You're on your own, suckers."

James Madison's Federalist 44 foresaw what just happened. In The Law That Governs Government: Reclaiming The Constitution From Usurpers And Society's Biggest Lawbreaker, Richard Viguerie and I describe Madison's remedy:

If it be asked what is to be the consequence, in case the Congress shall misconstrue this part of the Constitution, and exercise powers not warranted by its true meaning, I answer . . . . In the first instance, the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers. The truth is, that this ultimate redress may be more confided in against unconstitutional acts of the federal than of the State legislatures, for this plain reason, that as every such act of the former will be an invasion of the rights of the latter, these will be ever ready to mark the innovation, to sound the alarm to the people, and to exert their local influence in effecting a change of federal representatives.

The remedy -- "election of more faithful representatives" -- began in the states in 2009, and burgeoned federally in 2010. This war to reclaim the Constitution will not be completed in 2012. It could take a generation. The war will be won only by boots on the ground. It will require running constitutional conservatives in the primaries and defeating those on the side of government. It's get-out-the-vote efforts, manning the polling stations so that elections aren't stolen, etc.

This war will require more of each of us than what we currently do. We're losing, but we've yet to invest the best of our energies, talent and intelligence.

The "alarm to the people," as Madison described it, has been sounding for some time now. Today we heard the siren of war.