Tag Archives: Politics

The Balance of Powers Act – How People Are Destroyed For Lack of knowledge

publius-HuldahBy Publius Huldah

Our own Ignorance is destroying us.  Mark Twain wrote in his autobiography:

“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.”

That is what has been going on in our Country for a very long time. Our “intellectuals” can’t think; our “scholars” parrot each other; the self-educated fixate on idiotic theories; no one studies original source writings; and The People jump on every bandwagon that rolls by.

In order to write intelligently on our Constitution, one needs to have studied and understood the original source writings of our Framers.  No matter what your educational level, if you don’t know what is in our Declaration of Independence and federal Constitution; and if you are not familiar from personal study with The Federalist Papers, The Kentucky and Virginia Resolutions of 1798, Madison’s Report on the Virginia Resolutions (1799-1800), and Madison’s Notes on Nullification (1834), among other original source writings, then you have no business writing about these issues.

But we are flooded with rubbish about the Constitution put out by law professors, history professors, Ph.Ds. of this or that, Heritage Foundation, those with no academic qualifications, and politicians. And none of them know what they are talking about!

And The People read their rubbish and believe it.

One of many such writings which plague us is the Balance of Powers Act  (“BOPA”). 1

The BOPA reflects a justified frustration with the innumerable usurpations by the federal government during the last 100 years.

But it also reflects such fundamental misunderstandings of our Founding Principles that it misstates or ignores them.  Accordingly, it undermines our Constitution.

There are 6 major problems with the BOPA:

1. It wrongly presents the federal government as a party to the U.S. Constitution.

Throughout the BOPA, the following refrain is recited:

 “The guarantee of those powers is a matter of compact between the state and people of _[state]__ and the United States as of the time that _[state]____ was admitted to statehood in _[year of admission]_.” [boldface mine]

That refrain elevates the federal government (“the United States”) 2 to the status of a “party” to the compact (Constitution)!

But the federal government is not a party to the Constitution! WE THE PEOPLE created the federal government when we ordained and established The Constitution. The federal government didn’t even exist until the Constitution was ratified.

Accordingly, our Framers understood that the federal government is merely our “creature”, and is not a “party” to anything. In Federalist No. 33 (5th para), Alexander Hamilton writes:

“… If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [boldface mine]

Thomas Jefferson writes in his Draft of the Kentucky Resolutions, 8th Resolution:

“… they [The States] alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, …” [emphasis mine]

James Madison writes in his Report on the Virginia Resolutions (1799-1800) under the 3rd resolution:

“It…[is]…a plain principle, founded in common sense…and essential to the nature of compacts, that, where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges, in the last resort, whether the bargain made has been pursued or violated. The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. … The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity that there can be no tribunal, above their authority, to decide, in the last resort, whether the compact made by them be violated; … ” [boldface mine]

Hamilton, Jefferson, and Madison are saying that because the States alone are “the parties” to the compact, they are the final authority to decide whether their “creature”, the  federal government, has violated the compact.   THIS is why States have the natural right of nullification!

But by asserting that States and the federal government are in a “compact” together, the BOPA elevates our “creature” to the status of a sovereign party right up there with The States!  Thus, it undermines the “plain principle” that the States alone, as the parties to the compact, have the right to decide, in the last resort, whether the federal government has violated the compact! 3

2. It wrongly suggests that each State (after the original 13) has a different Constitution

Here is another wrongheaded aspect of the same refrain in BOPA:

“The guarantee of those powers is a matter of compact between the state and people of _[state]__ and the United States as of the time that _[state]____ was admitted to statehood in _[year of admission]_.” [boldface mine]

The BOPA makes the absurd suggestion (which is piled on top of the untrue assertion that the federal government is a party to the compact) that every State admitted after the original 13, has a different “compact” with the federal government, depending on the year of admission.

So instead of one Constitution applicable to all States, we have (according to the BOPA) some 37 “compacts” (Constitutions) [50-13= 37].   Not only is this absurd, it perpetuates the lie spewed by progressives that the meaning of the Constitution evolves.

When Tennessee was admitted to statehood on June 1, 1796, she was admitted “on an equal footing with the original states, in all respects whatsoever”.  The U.S. Constitution has the same force in Tennessee and in the same manner as if Tennessee had been one of the original 13 States.  See, “An Act for the admission of the State of Tennessee into the Union”.

3. It misstates the original intent of the “interstate commerce” clause.

 Section 2 (3) of the BOPA asserts that the interstate commerce clause (Art. I, Sec. 8, cl. 3):

“…was meant to empower Congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines…”

That is demonstrably false, and no authorities are cited.

We look to The Federalist Papers to learn the original intent of the clause. Federalist No. 22 (4th para), Federalist No. 42 (9th &10th paras), Federalist No. 44 (at 2.), and Federalist No. 56  (4th & 5th paras), explain the two purposes of the “interstate commerce” clause:

♣To prohibit the States from imposing tolls and tariffs on articles of import and export – goods & commodities – merchandize – as they are transported through the States for purposes of buying and selling; and

To permit the federal government to impose duties on articles of commerce and imports.4

 

4. It doesn’t properly set forth the original intent of the “necessary and proper” clause.

Section 2 (4) of the BOPA asserts that the necessary and proper clause (Art. I, Sec. 8, last cl.), was:

“… a limitation of power under the common-law doctrine of “principals and incidents,” which restricts the power of Congress to exercise incidental powers. There are two (2) main conditions required for something to be incidental, and therefore, “necessary and proper.” The law or power exercised must be 1) directly applicable to the main, enumerated power, and 2) it must be “lesser” than the main power.”

That is neither helpful nor authoritative.

The Federalist Papers explain the original intent of this clause. It merely delegates to Congress the power to pass laws necessary and proper to execute its declared powers (Federalist No. 29, 4th para); a power to do something must be a power to pass all laws necessary and proper for the execution of that power (Federalist No. 33, 3rd para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article” (No. 33, 2nd para); and thus the clause is “perfectly harmless”, a  “tautology or redundancy” (No. 33, 3rd para).  Madison says the same in Federalist No. 44, at 1 (under his discussion of the SIXTH class).

In plain English, the clause merely permits Congress to make laws to carry out the enumerated powers of the three branches of the federal government.

For example: The duty of some of the federal courts created by Art. I, Sec. 8, cl. 9 is to conduct trials (in the types of cases Art. III, Sec. 2, cl. 1 permits them to hear).  Trials involve parties and witnesses. They must be required to tell the Truth! So, it would be necessary and proper for Congress to make laws against perjury in federal court.

 

5. It misstates the original intent of the “general welfare” clause.

Section 2 (5) of the BOPA asserts that the general welfare clause (Art. I, Sec. 8, cl. 1) requires:

“… that congress only enact laws which serve all citizens well and equally. When James Madison was asked if this clause were a grant of power, he replied “If not only the means but the objects are unlimited, the parchment [the Constitution] should be thrown into the fire at once.” Thus, we re-establish that this clause is a limitation on the power of the federal government to act in the welfare of all when passing laws in pursuance of the powers delegated to the United States, showing no favor to any race, creed, color or socio-economic class.”

That is not true, and no authorities are cited in support of the assertion that the general welfare clause means that Congress must treat all social classes the same.

The limitation imposed by the Constitution on Congress’ powers is that laws made by Congress must fall within the scope of the enumerated powers delegated to Congress. 

The term, “general welfare”, as used in our Constitution, has nothing to do with treating people of all races, creeds, and social classes the same.

Our Framers understood the “general welfare” (as applied to States) to refer to:

“Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government.” (Webster’s 1828 Dictionary)

They saw that this condition could be brought about by the federal government we created in our Constitution:  A federal government divided into three parts, with each part having checks on the other parts; and with only enumerated powers delegated to each of the three parts.

Accordingly, the Preamble to our Constitution says:

“WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” [boldface mine]

And that portion of our Constitution which introduces the list of most of the enumerated powers delegated to Congress over the Country at Large (Art. I, Sec. 8, cl 1) says:

“The Congress shall have Power … to … provide for the common defense and general Welfare of the United States…” [boldface mine]

Immediately thereafter follows the enumeration of 15 specific powers delegated to Congress over the Country at Large. In essence, these 15 powers authorize Congress to:

♣Provide for military defense and international relations and commerce;

♣Establish a uniform commercial system (bankruptcy laws, a money system based on gold & silver, weights & measures,  mail delivery & some road building, patents & copyrights); and

♣Make laws for naturalization of new citizens.

Our Framers understood that the “general Welfare” – the enjoyment of peace and prosperity, and the enjoyment of the ordinary blessings of society and civil government – would prevail with the federal government of narrowly defined and enumerated powers created by our Constitution! 5

Section (6) (A) of the BOPA then goes on to assert that the commerce clause, general welfare clause, and necessary & proper clause were amended and limited by the 2nd, 9th, and 10th Amendments!

Rubbish! Not only is no authority cited for this bizarre assertion, it is because the author lacks understanding of the original intents of the three clauses that he believes they needed to be “fixed” by amendments!

6. It ignores the Essential Characteristic of our Federal Constitution.

The essence of our federal Constitution is that it created a federal government of three branches, with each branch having checks on the other two branches. Furthermore, it delegated only specific, narrowly defined powers to each branch.

James Madison writes in Federalist No. 45 (3rd para from end) of the “few and defined” powers delegated to the federal government:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” [boldface mine]

What We have lost is the knowledge that Our Constitution delegated only “few and defined” – enumerated – powers to each branch of the federal government. For complete lists and explanations of the powers our Constitution delegated to each branch, see:

♣Congress’ enumerated powers [Art. I, Sec. 8, cl. 1-16 is not the complete list]

♣The president’s enumerated powers

♣The federal court’s enumerated powers

Any American of common sense and ordinary understanding is capable of fully understanding the scope of the powers delegated by our Constitution to Congress and to the President. 6

This is one of the keys to Restoration of our Constitutional Republic.

The BOPA contains a number of other statements which are confused and erroneous.

Conclusion

Our Framers were exquisitely educated in Logic, Judeo-Christian values, political philosophy, and statecraft. The American People of our Founding Era had the Wisdom and Humility to listen to our Framers.

Let us once again show that same Wisdom and Humility.  Listen to Our Framers.

Endnotes:

1 The BOPA is the product of The Constitutional Justice Division of the North American law Center.  As grand as those titles do sound, the BOPA does not reflect the light cast by minds schooled in law or statecraft. Furthermore, the writing is confused and some of the sentences undiagrammable.

2 Throughout our Constitution, the “federal government” is referred to as “the United States”.

3 Parties to compacts have mutual rights and obligations. The federal government has no “rights” – it has only those few delegated powers WE enumerated in the Constitution. The People pre-existed the Constitution. The States pre-existed the Constitution. Since the federal government didn’t exist until the Constitution was ratified, it can’t be a “party” to it! It is impossible to understand our Constitution unless one understands that the federal government is merely a “creature” of the Constitution – and as such, is completely subject to its terms.

4 For additional proof of the original intent of the “interstate commerce” clause see: Does the Interstate Commerce Clause Authorize Congress to Force us to buy Health Insurance?

5 The progressives say the general welfare clause gives Congress power to pass any law they say promotes the “general welfare”.

James Madison refutes that misconstruction in Federalist No. 41 (last 4 paras).  See also: Does the general welfare clause of the U.S. Constitution authorize Congress to force us to buy health insurance?

The BOPA’s erroneous assertion that the clause means that laws passed by Congress must “serve all citizens well and equally”, could easily morph into the perversion that Congress may do whatever it likes as long as its laws are fair to all races, creeds, and classes.

But the constitutional standard is that acts of Congress must fall within the scope of the enumerated powers delegated to Congress. We must not blur that clear line with our own fabricated feel-good theories.  READ the last 4 paras of Federalist No. 41!

6 Some knowledge of law and litigation is necessary to fully understand the enumerated powers of the federal courts. But if our People would make the modest effort necessary to learn the enumerated powers of Congress and the President, they would become

a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.” (Federalist No. 16   [Hamilton] next to last para)

Then they would be able to distinguish between constitutional and unconstitutional acts of Congress and the Executive Branch. PH

March 25, 2013

Gun Control, the Dick Act of 1902, Bills of Attainder & Ex Post Facto Laws

publius-HuldahBy Publius Huldah

The latest round of rubbish flooding our in boxes is an ignorant rant claiming that the Dick Act of 1902 (which respects our Right to be armed) can’t be repealed because to do so would “violate bills of attainder and ex post facto laws”.

Who dreams up this stuff? Does anyone check it out before they spread it around?

Of course we have the God-given right to keep and bear arms, to self-defense, etc., etc.  Our Declaration of Independence (2nd para) recognizes that our Rights come from God and are unalienable.

The 2nd Amendment to our federal Constitution recognizes that this God-given right to keep and bear arms is to be free from any interference WHATSOEVER from the federal government.

Our Framers were all for an armed American People – they understood that arms are our ultimate defense in the event the federal government oversteps its bounds.  See, e.g., what James Madison, Father of Our Constitution, writes in the second half of Federalist Paper No. 46!  The reason the Citizens – the Militia – are armed is to defend ourselves, our families, our neighborhoods, communities, and States from an overreaching, tyrannical federal government.

Accordingly, the federal government is nowhere in the Constitution granted authority to restrict, in any fashion whatsoever, guns, ammunition, etc. Thus, ALL laws made by Congress, and ALL regulations made by the Bureau of Alcohol, Firearms, and Tobacco (ATF), are unconstitutional as outside the scope of the powers granted to Congress and to the Executive Branch by our Constitution. Regulation of arms and ammunition is NOT one of the “enumerated powers” delegated to Congress or the Executive Branch.

Furthermore, all pretended regulations made by the ATF are also unconstitutional as in violation of Art. I, Sec. 1, U.S. Constitution, which vests ALL legislative powers granted by the Constitution in CONGRESS.   Executive agencies have no lawful authority whatsoever to make rules or regulations of general application to The People!

In addition, the President and the Senate may not lawfully by treaty do anything the Constitution does not authorize them to do directly.   Since the Constitution does not authorize the federal government to disarm us, the federal government may not lawfully do it by Treaty.   See, http://publiushuldah.wordpress.com/2009/09/19/the-treaty-making-power-of-the-united-states/

But the assertion that one Congress may not repeal acts of a previous Congress is idiotic.

And the assertion that Congress can’t repeal the Dick Act because a repeal would “violate bills of attainder and ex post facto laws” shows that whoever wrote that doesn’t know what he is talking about. He obviously has no idea what a “bill of attainder” is, and no idea what an “ex post facto law” is.

This accurately explains what a “bill of attainder” is: http://www.historylearningsite.co.uk/Bill-of-Attainder.htm

An “ex post facto” law RETROACTIVELY criminalizes conduct which was not criminal when it was done.

Say you barbequed outside last Sunday. That was lawful when you did it. Next month, Congress makes a pretended law which purports to retroactively criminalize barbequing outdoors. So, now, what you did is a crime (for which you are subject to criminal prosecution); even thou when you did it, it wasn’t a crime. That is an ex post facto law.

Now, say Congress passes a pretended law making possession of firearms a crime and ordering everyone to turn in their guns. Only if you do not turn in your guns will you have committed a “crime”.  That is not an ex post facto law because if you turn in your guns, you won’t be criminally prosecuted. The “crime” is the failure to turn in your guns – not the prior possession of guns.

Such a law would be totally UNCONSTITUTIONAL, because gun control is not one of the enumerated powers of Congress. Thus, the law would be outside the scope of the powers delegated to Congress.

It would also be unconstitutional as in violation of the 2nd Amendment.

But it would not be an ex post facto law.

People shouldn’t sling around terms, the meanings of which, they do not understand. It is immoral.

If TRUTH spread as rapidly as lies, our problems would have been resolved long ago.  But if People can come to love TRUTH more than they love the ignorant rubbish they circulate, perhaps it is not too late to restore our Constitutional Republic. PH

Endnote:

In Federalist Paper No. 84 (4th para), Alexander Hamilton says re ex post facto laws (and of the importance of the writ of habeas corpus):

“…The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny…” PH

How the Left uses the First Amendment to destroy our liberty and our culture

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Constitution, Amendment I

When the Constitution was presented to the states in 1787 for ratification, it was quickly noted that while it only delegated certain limited powers to the Federal Government, there was no clear language preventing it from exercising powers beyond those delegated. Some states demanded the addition of a Bill of Rights as a condition of ratification. After a long public debate carried out in the newspapers of the day —the eighteenth century equivalent of the Blogosphere— it was agreed that a Bill of Rights would be presented to the states for ratification by the first Congress. The result was the first ten amendments to the Constitution.

In the post-constitution America we live in today, both the Constitution and the Bill of Rights are routinely ignored by the Federal government. To add insult to injury, it is not enough that they are ignored by the progressive politicians populating Washington today, over the past century, activists have increasingly learned how to use the Amendments to the Constitution to undermine the historical American Culture and silence opposition. The most egregious distortion of the Constitution is the progressive’s use of the First Amendment to stifle religious liberty and promote its own religious doctrines through legislation, coercion and psychological manipulation. The ultimate purpose is to destroy the Biblical values that are the foundation of the American culture and replace them with the humanistic values that are the foundation of progressivism (American socialism) and other left-wing “-isms”.

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The Governor of Tennessee Must Obey Tennessee Law: No State Insurance Exchange!

publius-HuldahBy Publius Huldah

According to an article posted by Lesley Swann of the Tennessee Tenth Amendment Center, the federal obamacare Act doesn’t actually require The People to submit to obamacare.1

Accordingly, HHS Secretary Kathleen Sibelius is demanding that The States set up State Insurance Exchanges, by means of which The States will force The People into obamacare.

While 20 States have already given notice that they will not implement obamacare by setting up the State Exchanges; Tennessee’s RINO Governor, Bill Haslam, is “undecided” as to whether he will force Tennesseans to submit to obamacare.

But Haslam has no lawful authority to force The People of Tennessee into State Exchanges. If he does it anyway, he will commit the following five (5) violations of Tennessee Law:

1. The Tennessee Health Freedom Act

The Tennessee Legislature enacted in 2011 the Tennessee Health Freedom Act, codified at Tenn. Code Ann. Sec. 56-7-1016. 2

Under this Act, no public official, employee, or agent of Tennessee may force The People of Tennessee to purchase health insurance or impose any penalty for not purchasing such insurance.

So if Haslam attempts to force The People of Tennessee to participate in a State Insurance Exchange, he will violate the Tennessee Health Freedom Act.

2. The State Legislature makes the Laws – not the Governor

The Constitution of the State of Tennessee says at Article II:

“Section 1: The powers of the government shall be divided into three distinct departments: legislative, executive, and judicial.

Section 2: No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted. [boldface mine]

Section 3: The legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives….”

If Haslam attempts to force Tennesseans into a State Insurance Exchange, he will violate the Separation of Powers Principle enshrined at Art. II, Sections 1 – 3.

3. The Governor’s Powers are Enumerated, Defined, and Strictly Limited.

Here is a complete list of the enumerated powers and duties of the Governor of Tennessee. Article III provides that:

Section 1: The executive power of the state is vested in a governor [See Sec. 10 below].

Section 5: The governor is commander-in-chief of the State Militia

Section 6: The governor may grant reprieves and pardons.

Section 8: The governor may require written information from officers in the executive department, about their duties.

Section 9: The governor may, on extraordinary occasions, convene the General Assembly.

Section 10: The governor shall take care that the laws be faithfully executed.

Section 11: The governor is to give the Legislature information on the state of the government, and recommend matters for their consideration.

Section 14: The governor may temporarily fill vacancies in office.

Section 15: The governor is to be keeper of the Seal of the State of Tennessee.

Section 16: The governor is to sign and seal all grants and commissions of the State.

Section 18: The governor is to sign, or veto, or allow to become law without his signature, every Bill, Joint Resolution or Order passed by the Legislature. He may reduce or disapprove sums of money appropriated for specific items.

Article VI, Section 11: When any judge of the State Supreme Court is disqualified from presiding over a case, the governor is to specially commission another person to serve as judge on that case.

Article VIII, Section 2: The governor is to appoint certain officers of the State Militia.

That’s it! That’s all the governor of the State of Tennessee has lawful authority to do. He has no lawful authority to make laws. He has no lawful authority to force Tennesseans into a Health Insurance Exchange. If Haslam attempts to do this anyway, he will usurp powers not delegated to him by the Tennessee Constitution.

4. The Governor’s Duty is to Enforce the Laws the Legislature Makes!

Note that Art. III, Sec. 10 requires the governor to “take care that the laws be faithfully executed”. As long as the laws made by the Legislature are constitutional, the governor is obligated to enforce them! This means that Haslam must refuse to implement the State Exchange. If he doesn’t refuse to implement the State Exchange, he will be guilty of dereliction of his Constitutional Duty.

5. The Governor is Required by his Oath to Obey the Tennessee Constitution

Article X, Section 1, of the Tennessee Constitution requires the governor to take an Oath to support the Tennessee Constitution.

If he takes his orders from Kathleen Sibelius instead of from the Tennessee Constitution and the Tennessee Legislature, he will violate his Oath to support the State Constitution.

Article X, Sec. 1 of the Tennessee Constitution, and Art. VI, clause 3 of the federal Constitution, also require Haslam to support the federal Constitution. Obamacare is altogether unconstitutional as outside the scope of the legislative powers delegated to Congress. This is plain and clearly proven. 3 Thus, Haslam is required by Oath to refuse to enforce obamacare because obamacare is unconstitutional.

If Haslam Violates the State Constitution and State Law, he must be Impeached and Removed.

Article V, Sec. 4 of the Tennessee Constitution provides that the governor shall be liable to impeachment whenever, in the opinion of the Tennessee House of Representatives, he commits any crime in his official capacity which requires disqualification.

Webster’s 1828 Dictionary (1828 definition) defines “Crime” as

“1. An act which violates a law, divine or human; an act which violates a rule of moral duty; an offense against the laws of right, prescribed by God or man, or against any rule of duty plainly implied in those laws. A crime may consist in omission or neglect, as well as in commission, or positive transgression…”

Any governor who ignores the State Constitution, ignores State law, violates his Oath of Office, and usurps power must be removed from office. 4

End Notes:

1I haven’t read the obamacare Act. It is over 2000 pages long, and is being implemented right now by thousands of more pages of HHS & IRS Rules. Our Framers warned us of laws which were

“… so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow…”(Federalist Paper No. 62, 4th para from end)

2 The hyperlinks at lexus nexus don’t work. To find the text of the Tennessee Health Freedom Act, click on http://www.lexisnexis.com/hottopics/tncode/ then type in the search term, “Tennessee Health Freedom Act”, jump thru the hoops, and you will find the Act. It is short and worth reading.

3 See, e.g. these model Nullification Resolutions for obamacare

4 Impeachment and removal from office for usurpations of power is expressly authorized by our federal Constitution: See, as to removing a President who usurps power: Federalist Paper No. 66, 2nd para, and No. 77, last para. As to removing federal judges who usurp power, see Federalist Paper No. 81, 8th    

December 12, 2012

 

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God-Given Rights, Man-Made Anti-Rights, and Why ‘Safety Nets’ are Immoral

By Publius Huldah
It is the dogma of our time that proponents of government safety net programs hold the moral high ground. Accordingly, Democrats preen over their own “compassion”; and Republicans chime in that they too “believe in safety net programs”.

But safety net programs are unconstitutional and immoral. They are unconstitutional because “charity” is not one of the enumerated powers of the federal government.1

They are immoral because they are based on a fabricated system of man-made anti-rights which negate the Rights God gave us.

I

The Origin of Rights and the Purpose of Civil Government

The Declaration of Independence sets forth the Principles which were fleshed out – more or less perfectly – in Our Constitution.

The key is the 2nd paragraph, which begins:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…” [emphasis added]

The Bible shows that God gave us a great many rights such as to earn, keep, and inherit private property; to defend ourselves; to worship God; and to live our lives free from meddling and interference as long as we observe the God-given Rights of others.

But men are not angels. Evil men seek to take God-given Rights away from others. Evil men seek to exercise power over others.

That is why we need civil government – to restrain the wicked. Without civil government, we would be in anarchy, always defending ourselves from those who seek to do whatever they want with our lives, liberties, persons, and property.2

So! Rights come from God, and the purpose of civil government is to secure the rights God gave us.

II

Political Power is from The People!

Our Constitution was based on the radical Principle that The People are the original source of political power.

Throughout history, political power has been seen to originate with the King. This is powerfully illustrated by King John I in the movie “Robin Hood” with Russell Crowe and Cate Blanchet. King John saw his Will as “law”, and the People as “subjects” to his Will.

But in this Country, WE THE PEOPLE ordained and established the Constitution and created a federal government. And the federal government We created was subject to us.

The Preamble to our Constitution, “WE THE PEOPLE of the United States”, is our assertion that We are the source of political power, and We are the creators of the federal government. 3

III

Federalism & Enumerated Powers

We created a “federal” government. A “federal” government is an alliance of Sovereign and Independent States associated together in a federation with a general or national government to which is delegated supremacy over the States in specifically defined areas only.

InFederalist Paper No. 45 (9th para), James Madison, Father of our Constitution, explains the separate spheres of operation of the federal and State governments. Only a few enumerated powers are delegated to the federal government – all other powers are reserved by the States:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce … the powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order …and prosperity of the State.”

So! What are these specifically defined areas where We delegated to our “creature” – the federal government – authority over the States?

We listed in the Constitution every power We delegated to each branch of the federal government. These are the “enumerated” powers.4 It is ONLY with respect to these enumerated powers – those listed in the Constitution – that the federal government has lawful authority over the Country at large! 5

  • Does the federal government have authority to issue patents & copyrights? Yes! How do we know? Because Art. I, Sec. 8, cl. 8 delegates this power to Congress.
  • Does the federal government have authority to institute social security, food stamps, Medicare, aid to families with dependent children, and obamacare? No! How do we know? Because these are not listed among the enumerated powers delegated to Congress.

Internationally, Congress and the President have authority to conduct war & national defense (Art I, Sec. 8, cl. 11-16 & Art II, Sec. 2, cl 1); and the President and the Senate have authority to make treaties respecting trade, commerce, and diplomatic relations (Art II, Sec. 2, cl 2). The lawful objects of treaties are restricted to the enumerated powers. Accordingly, the President and the Senate may not lawfully enter into the UN Arms Trade Treaty because the Constitution does not permit the federal government to restrict firearms; and further, the 2nd Amendment prohibits the federal government from infringing our pre-existing Right to bear arms. 6

Domestically:

Congress has authority to make laws respecting a uniform commercial system: Specifically, uniform weights & measures, a money system based on gold & silver where CONGRESS (not private bankers such as the fed) regulates the value of money, issue patents & copyrights, make bankruptcy laws, establish post offices and build some roads (Art I, Sec. 8, cl. 4-8). The President’s duty is to implement the foregoing (Art. II, Sec. 3).

Congress may make, and the President is to enforce, laws respecting who may become a naturalized citizen and the procedures for naturalization (Art I, Sec 8, cl. 4).

The Constitution authorizes Congress to make criminal laws respecting counterfeiting, treason, accepting bribes, and piracy & other felonies committed on the high seas. Congress may make those few criminal laws which are “necessary & proper” to carry out enumerated powers, such as making it a crime to file false claims in federal bankruptcy courts, and to lie under oath in federal court.7

Congress has authority to levy taxes and borrow money and appropriate funds (Art I, Sec. 8, cls 1,2 & Sec 9, cl 7), but ONLY for purposes authorized by the Constitution. So! Congress may levy taxes to fund the military, to pay the salaries of the people in the patent & copyright office and other constitutionally authorized offices, and to carry out other delegated powers.

With the 13th, 14th & 15th Amendments, the defect in our Constitution permitting slavery was corrected, and Congress was delegated authority to make laws enforcing the Amendments.9

We created federal courts and strictly limited their jurisdiction. The kinds of cases We permit federal courts to hear are itemized at Art. III, Sec. 2, cl. 1. 10

So! This is basically all We gave the federal government authority to do for the Country at large.

In all other matters, the States – the Members of the Federation – are sovereign and independent.

So “federalism” refers to the form of the government We created in our Constitution – a “federation” of Member States united for limited and enumerated purposes only; with all other powers being retained by the States and The People.

IV

How the federal & State Governments are to go about Securing our God-given Rights

It is not the federal government’s job to secure all our God-given Rights, just those appropriate for a “federal” government. Other rights are secured by the States.

How the God-given Right to Life is Secured:

The federal government is to secure our right to life by military defense (Art. I, Sec. 8, cl. 11-16); by protecting us from invasion (Art IV, Sec. 4); by prosecuting traitors (Art III, Sec. 3); and by laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10).

The States reserved the powers to secure our right to life by prosecuting murderers, outlawing abortion, euthanasia, drunk driving, the selling of harmful substances to minors, and imposing quarantines for dangerous contagious diseases. States may have pure food and drug laws. States or local governments may outlaw conditions such as old tires lying around which breed mosquitos, which cause disease.

States also once secured our right to life by means of “support laws” which required family members to care for their own! Fathers were to provide for their minor children! Adult children for their elderly parents. The Bible requires family members to care for their own – and State laws used to implement this Godly Principle.

  • But in our brave new world, people are no longer obligated to support dependent family members – everyone just goes on a government program. That is what Aid to Families with Dependent Children, Social Security, Medicare, Medicaid, obamacare, are about – relieving people of their Responsibilities imposed by God to themselves and to their own families.
  • Such programs also increase the size and power of the federal government. That’s how we got the Frankensteinian monster it is today.

Securing the God-given Right to Property:

The federal government is to secure our property rights by requiring an honest money system based on gold & silver, and by establishing uniform and honest weights & measures (Art I, Sec. 8, cl 5). Inflation by means of paper currency and fractional reserve lending is theft; so honest money must be based on precious metals. Honest money and honest weights & measures are called for in the Bible.

The federal government is to secure our property rights by punishing counterfeiters (Art I, Sec. 8, cl 6).

The federal government is to secure our property rights by providing for bankruptcy courts. This permits the orderly dissolution of debtors’ estates with fair treatment of creditors; or the reorganization of financially troubled businesses for the benefit of all (Art I, Sec 8, cl 4).

And the federal government is to secure our property rights by issuing patents & copyrights to inventors and writers to recognize their ownership of their intellectual labors (Art I, Sec 8, cl 8).

The States are to secure our property rights by prosecuting robbers, penalizing negligence, fraud, breach of contract and slander. States and local governments may impose burning bans when dry weather makes outdoor burning dangerous. Local governments may make ordinances requiring people to maintain their properties so as not to deflate housing values.

Securing the God-given Right to Liberty:

The federal government secures our right to liberty by laws against slavery (13th Amendment).

But the federal government secures our God-given right to liberty primarily by obeying the Constitution! The reason our Constitution so strictly limits and enumerates the powers of the federal government is to secure our basic right to be left alone to live our own lives free from meddlesome and interfering do-gooders, tyrants, and bullies.

The States secure our right to liberty by laws against kidnapping, false imprisonment; and by prosecuting rapists, molesters, and muggers.

Securing the God-given Right to Pursue our Own Happiness:

The federal, State, and local governments secure this right by not meddling in our lives! We have the right to live our own lives free from interference as long as we do not deprive other people of their God-given rights.

Securing the God-given right to a Fair Trial:

The Bible requires civil governments to give fair trials – to citizens and aliens alike. See, e.g., Dt. 1:16-17, Dt. 19:15-20 & Mt. 18:16; Ex 18:13-26; don’t bear false witness.

Outlawing the Hereditary Class System:

And Remember! We are all equal before the Law – we all stand on equal footing before God and are supposed to stand on equal footing in human courts. So our Framers outlawed hereditary aristocracy with its class system: Art I, Sec 9, last clause & Art I, Sec. 10, cl 1 prohibit the federal government and the States from granting Titles of Nobility.

So! Do you see? The only proper function of civil governments is to secure the Rights God gave us – and this is how it was to be done.

And note something else about God-given rights: They don’t put us in conflict with each other. When all civil governments do is secure our God-given rights – protect us from foreign invaders and domestic criminals and tortfeasers – the People can live together in peace.

So THIS is the gift our Framers gave us in 1787 when they drafted our Constitution. But for the last 100 years, we have been letting this gift slip thru our fingers.

V

What Happened?

Why is our Country coming apart? Why is everybody at everybody else’s throat? Why is our financial system collapsing? Why has our Country turned into a moral cesspool?

Because we forgot the Principle set forth in our Declaration that the purpose of civil government is to secure our God-given rights – by protecting us from those who seek to take these rights away from us.

And we were seduced into believing that civil government should

  • Provide for our needs; and
  • Protect us from the risks and uncertainties of Life.

But these beliefs are Evil and Destructive. They destroy Countries and individual Human Souls.

VI

A Government which Provides to Some, must Take from Others

HOW do governments provide for our needs? How do they PAY for the safety net programs progressive Democrats and Republicans love so much?

They take money from some people by force and give it to other people!

At the beginning, the money was taken from those who paid taxes. When that pot of money wasn’t sufficient, the governments borrowed money to fund the welfare programs. Now, they can’t borrow enough, so the federal government devised new methods of creating massive debt to be shoved on the backs of our grandchildren and great-grandchildren.

This is stealing. The federal government takes money which doesn’t belong to them – they create massive debt to be paid back by future generations – and they give it to people who have their hands out – in exchange for their political support.

All these “safety net” programs: social security, Medicare, Medicaid, food stamps, aid to families with dependent children, free day care, head start, forcing hospital ERs to provide free medical care, unemployment compensation, and the like, are all based on taking money from some people (born and unborn) by force and giving it to others.

On the State level, we are told that a free public school education K – 12 is a fundamental “right”. So property owners are taxed heavily to pay for the public schools which have churned out generations of Americans who know nothing and can’t think but have been indoctrinated into a secular statist worldview.

Meanwhile, teachers’ unions and purple-shirted SEIU thugs are screaming for more benefits to be paid into their bloated pockets by taxpayers who make less money than the union thugs!

The welfare state isn’t based on “compassion”. The welfare state is based on Envy, Coercion & Theft.

THIS is what has set us at each other’s throats: The misuse of governments to rob some of the People for the benefit of favored groups – the public and private sector unions, businesses owned by Obama fundraisers, and welfare parasites.

Senior citizens were once a favored group, but Seniors will be phased out via Obama’s death panels.

The welfare state with its “safety nets” negates God’s Gift of Liberty, and it violates God’s Laws protecting private property, prohibiting theft, and condemning envy. And when a culture is based on Envy, Coercion and Theft, as ours now is, it is impossible for The People to live in peace with one another.

VII

Living in a Cocoon? Or as Free and Independent Manly Men and Womanly Women?

We were also seduced into believing that the federal government should protect us from the risks and uncertainties of Life.

And so the federal government regulates and controls all human activity. Under obamacare, bureaucrats in the federal Department of Health & Human Services will control access to medical care! Education is regulated. OSHA regulates work conditions. EPA regulates the air and the water and “emissions”. The federal government oversees the wages we pay and get – all arrangements between employers and employees; all human activity is regulated and controlled and taxed.

Obama’s model is the Life of Julia: a single mother dependent on the federal government throughout her life who lives in a cocoon woven around her by the federal government and paid for – by others.

The price of the cocoon is personal liberty and dignity. We exchanged our glorious heritage for a bowl of porridge.

The test for us is this: Have we become so dependent on handouts, and are we so indifferent to the fate of our grandchildren, that we refuse to stand up to the federal government and tell them all to go to hell?

VIII

The Progressives and the Regulatory Federal Government

This Country was made great by our Forefathers who valued freedom so much that they left their homeland on a dangerous voyage to come here where there was no job, no home, no “safety net”, no nothing but God, wilderness, Liberty, and Opportunity. Our Forefathers came to this Country without health insurance! Without disability benefits! Without retirement pensions!

What happened to bring us where we are today – on the brink of social, moral, and financial collapse?

During the late 1880s, Progressivism with its meddlesome and unconstitutional policies arose. The Progressives were going to “fix” everything and “fix” everybody by “regulating” everything and everybody. They would get “experts” to run everything and manage everybody and tell them what to do.

The Progressives did many bad things – I’ll just mention a few: The federal government started regulating railroads. Congress passed anti-trust legislation and created the federal Food and Drug Administration.

In 1913, the 16th & 17th Amendments were ratified.

The Federal Reserve Act was passed in 1913.

Prohibition – the 18th Amendment – was ratified in 1919. God says we may drink alcohol; but Progressives didn’t agree with that and so banned it.

Federal funding for maternity and child care started.

We moved to the present unconstitutional system of Presidential primaries, and abandoned the procedures for electing Presidents set forth in the 12th Amendment (ratified 1804).

So it was the Progressives – and Teddy Roosevelt was the first Progressive President – who initiated our abandonment of God’s Model for Civil Government, our abandonment of our Constitution, and our descent into the cesspool of Envy, Coercion, Theft, and Dependency.

The Social Security Act was passed in the mid-1930’s, and Medicare in the mid-1960s.

IX

Man-made “Anti-rights”

So today, we are laboring under the ridiculous notion that we have a whole host of “rights” to stuff which is paid for by other people: the “right” to a free public school education; the “right” to a fair wage, paid vacations, maternity leave, and equal pay for equal work; the “right” to an income for when you are old, unemployed, sick, disabled, or whatever; a “right” to a “decent” standard of living including “adequate” food, clothing, housing, medical care, and other social services.

And let us not forget the “right” to free cell phones, the “right” to free birth control, and the “right” to free abortions and abortifacts!

What’s wrong with all these “rights”?

What they all have in common is a claimed “right” to live at other peoples’ expense. They elevate parasitism into a “right”.

All these handouts must all be paid for by someone. And unless other people pay for these freebies voluntarily, the money must be taken from them BY FORCE. So it turns some of us and our grandchildren and great-grandchildren into plucked geese.

That is why the welfare State is evil, immoral, and rotten to the core. And it is operated by politicians who seek only more and more power for themselves.

THIS is why we are all at each other’s throats. The people who are getting the handouts want more! The people who have been paying are sick of paying for the welfare parasites who sit at home watching their big screen TVs eating junk food – all of which is paid for by those who work, along with those who haven’t even been born.

God NEVER gave us the “right” to demand that other people be forced to pay our living expenses and give us free stuff – cell phones and abortion pills!

God NEVER gave us the “right” to force others to subsidize our own failures, vices, weaknesses, or irresponsibility.

Two of the 10 Commandments deal with the sanctity of other peoples’ property. Not only are we forbidden to steal other peoples’ stuff, we are forbidden to covet it. Throughout the Bible, God’s Laws uphold the sanctity of private property.

So! All these man-made Anti-rights negate the God-given Rights because they steal our Property and our Liberty.

The welfare State – socialism – communism – fascism –obama’s blather about “redistribution” and “fairness” are evil and immoral because they are based on a violation of God’s Laws granting us Liberty, upholding the sanctity of private property, and condemning envy and theft.

X

What Should We Do?

We must repent. We must return to God, our Founding Principles, our Constitution.

We must acknowledge that the present system cannot continue; and that everyone’s favorite “safety net” programs – Social security and Medicare – have done much to destroy The Family and the concept of Personal Responsibility.

The Bible, which we have spurned for a very long time, tells us that families are the primary “welfare” institution. For a very long time, families actually did take care of one another! Elderly parents died at home with their children.

But today, people see it as the responsibility of the “government” to care for elderly people – to provide them an income and pay their medical expenses.

And when they can no longer take of themselves, they are put in nursing homes where they die … alone.

Social security and Medicare are evil – they corrupted us and destroyed our families. They are bankrupt and filled with fraud. Politicians use them as a tool to manipulate the gullible.

Still, many of our Senior citizens have become dependent on these programs.

So we must phase out these unGodly and unconstitutional programs in an orderly manner.

All taxes need to be reduced dramatically so that people have more money to set aside for themselves and their own families.

The Estate Tax should be eliminated. In the Bible, the eldest son got the double share of the inheritance because it was his prime responsibility to care for his aged parents.

We must pull together with our families. We must rediscover Personal Responsibility! Until we were corrupted by the Progressives and their evil programs, we were a remarkable People characterized by “goodness”. PH

Endnotes:

1Read the Constitution! “Charity” is not an enumerated power! James Madison said, in opposition to a proposal to give aid to French emigrants, that he could not undertake to lay his finger on that article in the Federal Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Annals of Congress, House of Representatives, 3rd Congress, 1st Session, Jan. 10, 1794, p. 170-171.

2 People in the federal government now do whatever they want with our lives, liberties, property and persons [TSA agents feel us up, the Executive Branch will control our access to medical care, etc.]. The federal government has become destructive of the purposes for which it was created; and since it is violating our Constitution, is ruling without our Consent. Hence, it is illegitimate.

3 Alexander Hamilton referred to the federal government as our “creature” in Federalist No. 33 (5th para); and Thomas Jefferson called it our “creature” in The Kentucky Resolutions of 1798 (8th Resolution).

4 For a discussion of Congress’ Enumerated Powers, go here. For the enumerated powers of the President, go here. For the enumerated powers of the federal Courts, go here.

5 Get a pocket copy of our Declaration of Independence and federal Constitution. Using different colors, highlight all references to God, the enumerated powers delegated to Congress, the enumerated powers delegated to the President, and the enumerated powers delegated to the federal courts. You will be amazed. Then prepare another highlighted copy and send it to U.S. Supreme Court Chief Justice John Roberts.

6 God gave us the Right to hunt for food and to use arms to defend ourselves. Jesus commanded his disciples to sell their cloaks and buy a sword.

7 Most of the criminal laws Congress makes for the Country at large – all drug laws, all laws which pretend to restrict gun ownership, whether sports figures take steroids, etc., etc., etc., are unconstitutional as outside the scope of the powers delegated to Congress in the Constitution.

8 What is so appalling about John Roberts’ opinion in the obamacare case is that Roberts in effect says that Congress may tax for any purpose whatsoever.

9 The purpose of the 14th Amendment was to protect freed slaves from Southern Black Codes which denied them basic God-given Rights. But the 14th Amendment has been perverted by judges on the supreme Court to create a “right” to kill unborn babies, a “right” to engage in homosexual sodomy, and probably, a soon to be created “right” to homosexual marriage. Do you see? Human judges claim the power to create “rights”. And note how these judicially fabricated “rights” are contrary to God’s Laws.

10 Many of the cases federal courts decide are outside their constitutional authority to hear: They have no authority to review STATE Laws and STATE Constitutional provisions respecting prayer in schools, posting of the Ten Commandments in public places, abortion, homosexual acts, and homosexual marriage. The supreme Court has long been seizing powers which Art. III, Sec. 2, cl. 1, doesn’t delegate to them. Those judges should be impeached, tried, convicted, kicked off the bench, and prohibited from ever again holding federal office (Art I, Sec. 3, last clause, & Federalist No. 81, 8th para). PH.

The Church – State Myth and the Enemy Within

Most Americans believe that the First Amendment has been successful in preventing our government from establishing an official state religion. Yet, America today has an established religion with as much or more power than the Puritan Churches exercised over the inhabitants of Massachusetts during the Colonial Period. It uses the law and taxpayer money to enforce its doctrines, promote its agenda and oppress dissidents in every nook and cranny of American society, with only a vague awareness among the American people.

To appreciate fully the danger this arrangement presents to our liberty and, in fact, to our continued existence as a free republic, we first need to understand the connections between religion, morality, law and government. These four elements of society are intertwined in the fabric of all nations like the threads of a fine tapestry. No one of them can be eliminated or even substantially changed without changing the nature of society as a whole.

Psychologist tell us that among the dominate needs of man are the cognitive needs, the need to understand and make sense of the seemingly chaotic world we live in. Where did we come from? Why are we here? Where are we going? In struggling to answer these questions, we develop a personal philosophy of life that we refer to as our “worldview”.   The guiding principle behind our worldview is our religion. The religious impulse seems to be an integral part of human nature. Every society since the dawn of man has practiced a religion of one type or another, whether it is the worship of the Creator God revealed in the Hebrew Scriptures; man, the high point of that creation; lesser objects of creation; or the creation itself. If we do not accept the God of Scripture, we fashion our own god according to our own liking.

One of the important functions of religion is to provide the rules for living together harmoniously in an organized society designed to provide for the mutual security of the members of that society. These rules are based on the moral values of the dominate religious beliefs among the people, and in turn form the basis for the civil laws enacted by their government leaders. For that reason, it is futile to believe that religion and government can be isolated from each other, each operating in its own sphere without unduly influencing the other. Our Founding Fathers were well aware of this fact, but they also knew from hundreds of years of bitter experience that ecclesiastical tyranny was just as easily established and just as fatal to the happiness and tranquility of society as political tyranny.

To guard against the possibility of ecclesiastical tyranny developing on a nationwide basis, the Framers gave the national government no powers whatsoever in the Constitution to legislate in matters of religion, leaving civil laws affecting the daily lives of the people up to the states, the local communities, and to the people themselves. This prohibition against the national government’s involvement in religion was further emphasized in the First and Tenth Amendments to the Constitution. This arrangement worked well for the first 350 years of our existence. (During the 169 year colonial period, civil laws governing daily life in the colonies were left up to the citizens and legislatures of individual colonies or local communities), as they were by the new government until the middle of the nineteenth century.

This division of authority between the national government, the states, and local communities no longer works because we have become a religiously divided nation with conflicting laws based on the moral systems of two competing religious. This can only end in the eventual collapse of the American society, as we know it. Jesus Christ taught this principle during his ministry on earth two thousand years ago; “Every kingdom divided against itself is brought to desolation; and every city or house divided against itself shall not stand: Matthew 12:24-26

The well known twentieth century philosopher, R. J. Rushdoony, explains the relationship between morality, law and religion in his popular book, “Law and Liberty”.1

“All law is enacted morality and presupposes a moral system, a moral law, and all morality presupposes a religion as its foundation. Law rests on morality, and morality on religion. Whenever and wherever you weaken the religious foundations of a country or people, you then weaken the morality also, and you take away the foundations of its law. The result is the progressive collapse of law and order, and the breakdown of society.” pg. 4

The two religions currently competing for the hearts of the American people and the control of our civil laws are Biblical Theism and Religious Humanism. Humanism is not normally recognized as a religion because it is not organized into a denominational structure as are most of the Theistic religions in America. Nevertheless, it is well organized, with its own doctrines and its own moral system. Furthermore, it has become so influential in our governments that most of the civil laws impinging on our liberties are based on the moral values of Humanism. Rushdoony goes on to explain the difference between laws based on Biblical morality and humanistic morality;

“For humanism, salvation is an act of state. It is civil government which regenerates man and society and brings man into a paradise on earth. As a result, for the humanist social action is everything. Man must work to pass the right set of laws, because his salvation depends upon it. Any who oppose the humanist in his plan of salvation by law, salvation by acts of civil government, is by definition an evil man conspiring against the good of society. The majority of men in office today are intensely moral and religious men, deeply concerned with saving men by law. From the Biblical perspective, from the Christian perspective, their program is immoral and ungodly, but these men are, from their humanistic perspective, not only men of great dedication but men of earnestly humanistic faith and morality.” pg 6

President Obama expressed his belief in the humanistic principle of “salvation by law” or “collective salvation” in a speech at the Wesleyan Commencement Ceremony on May 25, 2008 where he says, “Our individual salvation depends on collective salvation”.

Modern humanism has its roots in the eighteenth century enlightenment movement or, as it is often referred to, “the Age of Reason”. Its development was further advanced by the preaching of the “social gospel” during the Second Great Awakening in the early eighteen hundreds. After the Civil War (1867), a group of ministers organized the “Free Religious Association” self-described as a “spiritual anti-slavery society”. Its purpose was to, “emancipate religion from the dogmatic traditions it had been previously bound to”.  Among the founders of the association were, David Atwood Wesson, a Unitarian minister and William J. Potter, also a Unitarian minister and the driving force behind the group. The first member of the Association was Ralph Waldo Emerson. The FRA’s core message was the perfectibility of humanity, the importance of natural rights and morality based on reason. The association met annually in convention from 1867 to about 1893. It seems to have gone out of existence sometime around 1923, but its legacy lives on in the American Humanist Association.

The American Humanist Association began in 1927 at the University of Chicago when a group of seminarians and professors organized the Humanist Fellowship and began publishing the New Humanist magazine. In 1933 a group of thirty-four of America’s leading intelligentsia, led by Raymond Bragg, Executive Secretary of the Western Unitarian Conference (WUC) and former Pastor of The Church of All Souls in Evanston, Illinois, published a document titled “The Humanist Manifesto”. A perusal of the list of signers of original document known as The Humanist Manifesto I” and its later revisions, The Humanist Manifesto II, and The Humanist Manifesto III, gives some indication of the tremendous influence the American Humanist Association has established over the American Culture.

According to the bio. of Bragg published in the Dictionary of Unitarian & Universalist Biography;

“The Manifesto proclaimed the signers’ faith in a non-theistic, non-supernatural, monistic, naturalistic, evolving universe. They affirmed the value of life in general and of humanity in particular and declared that what cannot be discovered by “intelligent inquiry,” such as science, ought not to be entertained as knowledge or belief.”

In 1939 Corliss Lamont, a leading Humanism apologist and the son of Thomas Lamont, a former Partner and Chairman of J.P. Morgan & Co., published a book titled “The Philosophy of Humanism”.(2) In it he list ten principles of humanism.

“First, Humanism believes in a naturalistic metaphysics or attitude toward the universe that considers all forms of the supernatural as myth; and that regards Nature as the totality of being and as a constantly changing system of matter and energy which exists independently of any mind or consciousness.

Second, Humanism, drawing especially upon the laws and facts of science, believes that we human beings are an evolutionary product of the Nature of which we are a part; that the mind is indivisibly conjoined with the functioning of the brain; and that as an inseparable unity of body and personality we can have no conscious survival after death.

Third, Humanism, having its ultimate faith in humankind, believes that human beings possess the power or potentiality of solving their own problems, through reliance primarily upon reason and scientific method applied with courage and vision.

Fourth, Humanism, in opposition to all theories of universal determinism, fatalism, or predestination, believes that human beings, while conditioned by the past, possess genuine freedom of creative choice and action, and are, within certain objective limits, the shapers of their own destiny.

Fifth, Humanism believes in an ethics or morality that grounds all human values in this-earthly experiences and relationships and that holds as its highest goal the this-worldly happiness, freedom, and progress—economic, cultural, and ethical—of all humankind, irrespective of nation, race, or religion.

Sixth, Humanism believes that the individual attains the good life by harmoniously combining personal satisfactions and continuous self-development with significant work and other activities that contribute to the welfare of the community.

Seventh, Humanism believes in the widest possible development of art and the awareness of beauty, including the appreciation of Nature’s loveliness and splendor, so that the aesthetic experience may become a pervasive reality in the lives of all people.

Eighth, Humanism believes in a far-reaching social program that stands for the establishment throughout the world of democracy, peace, and a high standard of living on the foundations of a flourishing economic order, both national and international.

Ninth, Humanism believes in the complete social implementation of reason and scientific method; and thereby in democratic procedures, and parliamentary government, with full freedom of expression and civil liberties, throughout all areas of economic, political, and cultural life.

Tenth, Humanism, in accordance with scientific method, believes in the unending questioning of basic assumptions and convictions, including its own. Humanism is not a new dogma, but is a developing philosophy ever open to experimental testing, newly discovered facts, and more rigorous reasoning.” (Emphasis added)

It is evident that these principles of humanism form the foundation for most of the progressive laws and bureaucratic rules that have plagued our nation for the past fifty years, and threatens to undermine our culture and our political system unless the American people wake up and realize the danger. It is organized religious humanism that drives the fifth column attempting to overthrow our American values and replace them with socialist tyranny.

END NOTES:

1. R. J. Rushdoony, Law and Liberty (1984) Ross House Books; Vallecito, CA 95251

2. Corliss Lamont, The Philosophy of Humanism (1997}, Eight Edition, Humanist Press, Amherst, NY 14226

Signers of Humanist Manifesto I
J.A.C. Fagginger Auer—Parkman Professor of Church History and Theology, Harvard University; Professor of Church History, Tufts College.
E. Burdette Backus—Unitarian Minister.
Harry Elmer Barnes—General Editorial Department, ScrippsHoward Newspapers.
L.M. Birkhead—The Liberal Center, Kansas City, Missouri.
Raymond B. Bragg—Secretary, Western Unitarian Conference.
Edwin Arthur Burtt—Professor of Philosophy, Sage School of Philosophy, Cornell University.
Ernest Caldecott—Minister, First Unitarian Church, Los Angeles, California.
A.J. Carlson—Professor of Physiology, University of Chicago.
John Dewey—Columbia University.
Albert C. Dieffenbach—Formerly Editor of The Christian Register.
John H. Dietrich—Minister, First Unitarian Society, Minneapolis.
Bernard Fantus—Professor of Therapeutics, College of Medicine, University of Illinois.
William Floyd—Editor of The Arbitrator, New York City.
F.H. Hankins—Professor of Economics and Sociology, Smith College.
A. Eustace Haydon—Professor of History of Religions, University of Chicago.
Llewellyn Jones—Literary critic and author.
Robert Morss Lovett—Editor, The New Republic; Professor of English, University of Chicago.
Harold P Marley—Minister, The Fellowship of Liberal Religion, Ann Arbor, Michigan.
R. Lester Mondale—Minister, Unitarian Church, Evanston, Illinois.
Charles Francis Potter—Leader and Founder, the First Humanist Society of New York, Inc.
John Herman Randall, Jr.—Department of Philosophy, Columbia University.
Curtis W. Reese—Dean, Abraham Lincoln Center, Chicago.
Oliver L. Reiser—Associate Professor of Philosophy, University of Pittsburgh.
Roy Wood Sellars—Professor of Philosophy, University of Michigan.
Clinton Lee Scott—Minister, Universalist Church, Peoria, Illinois.
Maynard Shipley—President, The Science League of America.
W. Frank Swift—Director, Boston Ethical Society.
V.T. Thayer—Educational Director, Ethical Culture Schools.
Eldred C. Vanderlaan—Leader of the Free Fellowship, Berkeley, California.
Joseph Walker—Attorney, Boston, Massachusetts.
Jacob J. Weinstein—Rabbi; Advisor to Jewish Students, Columbia University.
Frank S.C. Wicks—All Souls Unitarian Church, Indianapolis.
David Rhys Williams—Minister, Unitarian Church, Rochester, New York.
Edwin H. Wilson—Managing Editor, The New Humanist, Chicago, Illinois; Minister, Third Unitarian Church, Chicago, Illinois.

Obama and the Jefferson Koran

By Niko
President Obama recently had the Jefferson Koran on display during the White House Ramadan dinner. While the President was accurate when he said, “Of all the freedoms we cherish as Americans, of all the rights that we hold sacred, foremost among them is freedom of religion, the right to worship as we choose. It’s enshrined in the First Amendment of our Constitution — the law of the land, always and forever.” He is kind of missing the point of why Thomas Jefferson owned, read, and was partially responsible for the first printing of the Koran in the United States. Barack Obama associated the Jefferson Koran with generations of patriotic Muslims in America, and that Islam is part of our national story.

Jefferson needed that copy of the Koran because he was desperate to learn something about Islam from that religion’s written de facto standard of all things Muslim. Why? Just like today’s radical Muslim terrorists, the concept of jihad was being used to legitimize the killing and harassing of U.S. merchant ships during the al-jihad fil-bahr (the holy war at sea), serving as the cornerstone of the Barbary states’ interaction with Christendom. Jefferson also figured that the best way to learn about the political, military, social, economic, and religious agendas of America’s enemies was to read about it translated directly from the Arabic text. Jefferson’s copy of the Koran equipped him with everything he needed to know on how to respond to threats from the caliphates of the early 1800s.

So, the sunset dinner Thomas Jefferson held at the White House with an envoy from Tunisia (which Barack Obama was mentioning to refer to religious tolerance), Ambassador Adja explained the Muslim nation’s violence to the Continental Congress, “that it was founded on the Laws of their Prophet, that it was written in their Koran, that all nations who should not have acknowledged their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as Prisoners, and that every Musselman who should be slain in Battle was sure to go to Paradise.”

They are known in history as the Barbary Pirates, as they were from the Barbary Coast of North Africa. Allusion to the affair can be found in the words “…to the shores of Tripoli” mentioned in the Marine Corps Hymn. They were in fact Wahhabi-type, radical Muslims. After the Revolutionary War, the young United States of America lacked its own Navy and no longer had the protection of the British Royal Navy, so it was forced to pay the extortion fees forced upon it by the Barbary States of Tripoli, Algiers, Morocco and Tunis.

However, by the last year of George Washington’s presidency, a full sixteen percent of the federal budget was spent on extortion payments. Thomas Jefferson, who served as Secretary of State under President Washington, believed that a time would come when not only the economic effects of the extortion payments to the Muslim terrorists would be felt by every American but also that using force would be the only practicable way to end the terrorist attacks. He saw it not only as an affront to the nation’s dignity, but also as an ineffectual response to an abhorrent practice.

Once Thomas Jefferson was inaugurated as our nation’s third President, he began refusing payments to the offending nations. In response, Tripoli declared war against the United States (and Algiers threatened to do so), thus constituting America’s first official war as an established independent nation. Jefferson, determined to end the two-decades-old terrorist attacks, selected General William Eaton (Adams’ Consul to Tunis) and elevated him to the post of “U. S. Naval Agent to the Barbary States,” with the task to lead an American military expedition against the four terrorist nations. General Eaton therefore led a successful military campaign against Tripoli that freed captured seaman and crushed the terrorist forces. After four years of fighting, in 1805 Tripoli signed a treaty on America’s terms, thus ending their terrorist aggressions.

What Barack Obama fails to see is that the religion of Islam, both past and present, has yet to demonstrate that it is friendly to a free government and a free people and the main traits seems to be intolerance and tyranny.  As a modern confirmation of this fact, the U. S. Commission on International Religious Freedom monitors nations for egregious violations of religious liberty, and the current list of the most religiously-intolerant nations in the world is loaded with Islamic nations, including Eritrea, Iran, Pakistan, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan (secularism and communism join Islam as the other two worst offenders). On the watch list for serious but slightly less egregious violations are numbers of other Islamic nations, including Bangladesh, Egypt, Indonesia, and Nigeria (secularism and communism again join Islam among the worst violators). Significantly, the Judeo-Christian belief system protects freedom and religious liberty; yet, other belief systems – especially that of Islam – have not exhibited those protections.

President Obama also used the venue to praise Hilary Clinton’s assistant, Huma Abedin, saying “The American people owe her a debt of gratitude — because Huma is an American patriot, and an example of what we need in this country — more public servants with her sense of decency, her grace and her generosity of spirit.”   It is interesting to note that The Departments Deputy, Chief of Staff, Huma Abedin, has three family members – her late father, her mother and her brother – connected to Muslim Brotherhood operatives and /or organizations.  This doesn’t necessarily indicate her connection, but may deserve some scrutiny because her position affords her routine access to the Secretary and to policy making.  One would think that the proper vetting would have occurred by Clinton’s people concerning her brother Hassan and her mother Saleha Mahmoud Abedin, and any connections with known Islamists, particularly the Muslim Brotherhood, but this is the administration that appointed a known radical communist, Van Jones, to its cabinet as the green-jobs czar.

We must be mindful not to let “creeping sharia” infiltrate our system of freedom under the guise of religious liberty and tolerance.  Former President, John Quincy Adams, realized that Sharia law is not compatible with a free society, “[The] law of nations as practiced among Christian nations . . . is founded upon the principle that the state of nature between men and between nations is a state of peace. But there was a Mohametan law of nations which considered the state of nature as a state of war.”   We need to note that the Clinton family has been playing a key role in promoting Fethullah Gulen who has worked assiduously to overthrow Turkey’s secular government.  Gulen, who currently resides in Pennsylvania, has told his followers that in order for “worldwide Islamic domination to succeed, every method and path is acceptable, including lying to people.”   We need to pay attention to Azizah al-Hibri, appointed by Barack Obama to the United States Commission on International Religious Freedom.  Al-Hibri believes that sharia law is superior to American law.  Yet, al-Hibri is only one of the pro-sharia adherents that Obama has placed in influential positions since he became president.  Last year, Obama appointed two devout Muslims to Homeland Security.  Obama’s record concerning Islamic terror was alarming from the beginning of his term and it has only become more entrenched.  Congressman Keith Ellison aka Keith Hakim, who converted to Islam and brought the Jefferson Koran for his swearing in process, is already in place in Congress.  His connections to CAIR are troubling.

Most importantly, we need to stay informed and hold those elected to represent us accountable.  Since the Obama administration is clearly becoming more friendly to radical Islam, we should learn more about Islam, how it operates, and what it teaches.  The wise recommendation of Chinese General and international relations expert Sun Tzu (544-496 BC) remains relevant here:

If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.