Tag Archives: Republican Party

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.

Choosing The Senate President

Nothing triggers my Don Quixote spirit more so than that part of the Presidential campaign when the Presidential candidate is shopping for a running mate. Reading between the lines, over the lines, or under the lines, I can find nothing in the Constitution to justify the Presidential candidate being allowed to pick the V.P. candidate.

The Founding Fathers intended for the office of Vice President to be the second most powerful office in government. He is to serve as the Presiding Officer over the day-to-activities of the Senate and is to be selected by voters of the entire country, not by the voters of a single state, as is the case today when we allow the Senate Majority Leader to usurp the constitutional duties of the Vice President. The only duties assigned to the Vice President by the Constitution are to count the votes of the Electoral College and to serve as President of the Senate. Click HERE  for a more detailed discussion.

We have seen over the past three-and-a-half years the damage that can be done to our legislative processes and to the country when political hacks whose only loyalty is to their party and their only goal is gaining more power, are allowed to preside over the two houses of Congress. While John Boehner is incompetent as Speaker of the House, at least his office is constitutional and he was duly elected by the membership of the House.  There is however, no constitutional requirement that the Speaker be from the majority party of even a member of Congress.

While the Constitution (Art. 1.2.9) permits the House to elect its Presiding Officer, the same is not true for the Senate. Article I, Sec. 3, clause 6, 7 requires, “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.”  

The President pro tempore is not a permanent office. He is to be chosen by the Senate to serve temporarily as the Presiding Officer of the Senate only, “in the absence of the Vice President, or when he (the V.P.) shall exercise the Office of President of the United States.”  The Speaker of the House is the Presiding Officer of the House of Representatives, and the Vice President of the United States is the Presiding Officer of the Senate. There is no constitutional requirement for him to be a member of the majority party just as there is no requirement that the Speaker of the House be a member of Congress. The President of the Senate is the only officer of the Legislative Branch to be elected nationally and accountable to the voters of the entire country.

While there is no way, in the short term, to bring the Federal government back in line with the Constitution, we should be working tirelessly to that end. In the meanwhile, if Mitt Romney wishes to follow the spirit if not the letter of the Constitution and Amendment XII, in selecting his running mate, he should choose Rick Santorum since he received the second largest number of delegates during the Primaries.

Also see these two posts from the 2008 election cycle.

http://illinoisconservative.wordpress.com/2008/10/07/thomas-jefferson-advice-to-sarah-palin/

http://illinoisconservative.wordpress.com/2008/10/04/sarah-palin-as-president-of-the-senate/

2012 Election Is Only The First Step

By Jerry McDaniel
As a Constitution Conservative, I take a back seat to no one when it comes to defending the Constitution. In fact, I go much further than most conservatives do. I believe the Philadelphia Convention, and the thirteen state ratifying conventions were all done under the superintending providence of God. Therefore, I also believe that our founding documents contain God’s plan for the governing of America. Even a casual survey of American history clearly shows that whenever we deviate from that plan we pay a dear price in political turmoil and economic hardships.

It is imperative for the survival of the Republic that Mitt Romney be elected in November. Obama has to be turned out of office before he completes his mission to “fundamentally transform America” — if it is not too late already. Romney is the only alternative available at this time. However, we must not be misled into believing that electing Romney is going to turn things around overnight. Throughout his political life, Romney has been a follower, not a leader. That is not going to change automatically when he gets in the White House.

Furthermore, Romney has not exhibited a firm grasp of the Constitution during his campaign for the Presidency. For example, he has promised to “repeal and replace” Obamacare. Millions of voters will cast their ballot for him based on that promise. However, when he makes it, he is being disingenuous. The President does not repeal legislation, only Congress can do that. Even Romney knows that much about the working of our government, therefore, he is being disingenuous with the American people when he makes the promise. What he should say is, “on my first day in office I will urge Congress to repeal Obamacare as its first order of business.”  That he can do.

He also says frequently, “On my first day in office I will, by executive order, issue waivers to the states exempting them from having to enforce the provisions of Obamacare.” (Paraphrased) Here he is violating at least two clear provisions of the Constitution. Executive Orders, in the sense he is using the term, carries the weight of law. The very first sentence in the body of the Constitution, First Article, First Clause, clearly states, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Executive Orders, other than administrative orders directed to employees of the Executive Branch directly in the President’s chain-of-command, are unconstitutional.

When he indicates that he will not enforce Obamacare as President, he is in effect, saying that he and he alone will decide what the law is. Unfortunately, the same conservatives who condemn Chief Justice Roberts and the Obama Justice Department for making one-man decisions concerning which laws to enforce or what the law is in the first place, are the same conservatives that are cheering Romney on in his promises. Far too many critical decisions are made in our government by one person, whether it is the President, a bureaucratic Czar, or the “swing vote” on the Supreme Court. This has to stop, and should never be encouraged by a Constitution Conservative, whether or not we agree with the intended outcome.

One of the most overlooked sentences in the Constitution is found in the last sentence of Article II, Section 3, “He (the President) shall take care that the laws be faithfully executed…”  This is one of the few specific duties of the President spelled out in the Constitution. Whether we like it or not, Obamacare was passed by Congress and signed by the President, therefore, it is the law and the President is responsible for its execution.

However, it is not the law of the land. Article VI, paragraph two says, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the judges in every State shall be bound thereby,” Notice, it is the Constitution itself that is the Supreme Law of the Land, not the opinions of the Supreme Court or the acts of Congress when they conflict with the Constitution. One of the first landmark cases of the Supreme Court was Marbury vs. Madison in 1803. Chief Justice John Marshall, writing for the Court, said in his opinion, “a law repugnant to the Constitution is null and void.” Obamacare is not only repugnant to all thinking Americans, it is also repugnant to the Constitution; therefore, it is really no law at all. Nevertheless, until it is repealed by Congress, it is the duty of the President to enforce it. What then, can we do?

To answer that question we have to look to the hierarchy of sovereignty laid out in our Founding documents. In the Preamble to the Constitution which defines the purpose of our federal government, we read, “We the People…do ordain and establish this Constitution for the United States of America.”  The Tenth Amendment in the Bill of Rights says, “The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In America, the supreme power resides with the people by natural law, as enshrined in the Declaration of Independence. In order to maintain a civil society, the people delegate certain powers to representatives elected by them to serve in the state legislatures that, in turn, are restricted by State Constitutions. In 1774, the people of the original thirteen states formed state governments made up of their elected representatives. Those state legislatures delegated certain powers to the First Continental Congress to form a confederation, primarily for the purpose of conducting the Revolutionary War. In 1786, Congress authorized a convention in Philadelphia for the purpose of strengthening the Articles of Confederation to make them more effective in dealing with issues common to all the states that could not be adequately handled by the states individually. In that Convention, the Constitution was written creating a federal government with limited powers for carrying out a finite number of enumerated responsibilities dealing mostly with national defense and commerce.

In the hierarchy of powers, the federal government as a creation of the Constitution has the least amount of legitimate power, carefully limited to those matters delegated to it by Article I, Section 8 of the Constitution. In all matters not delegated to the federal government by the Constitution, State Law is supreme over federal law. This power structure is not contradicted by the “Supremacy Clause” quoted above in Article VI. Since legislating health care is not one of the enumerated powers given to the federal government by the Constitution, the state legislatures can forbid the enforcement of Obamacare within its jurisdiction. Until it is repealed by Congress– hopefully in January 2013–, it is up to the state governments to prevent its implementation on a state-by-state basis.

While it is the responsibility of every Patriot to vote for Mitt Romney for President in the upcoming election, do not be misled into expecting President Romney to reverse the downward slide of American society without constant prodding from our side. Those patriots who expect to return to their slumber after the November election had better stock up on NoDoze. The real work begins in January of 2013 and we can expect it to continue for at least the next generation if we are to return America to the Constitutional Republic designed by our Founders. While we are attempting to regain control of our federal government, we also have to give serious attention to reforming our state governments. More on that later.

The ‘Taxing Clause’, Five Lawless Judges, and ObamaCare

By

Article 1 Section 8 from Page 2 of the U.S. Constitution

Our federal Constitution is one of enumerated powers only.  This means that WE THE PEOPLE, who ordained and established the Constitution, listed therein every power We delegated to the federal government. If We didn’t list a power, the federal government doesn’t have it.1

Furthermore, we delegated only a very few powers to the federal government.

Accordingly, Congress has strictly limited legislative powers over the Country at large. These powers are listed primarily at Art. I, §8, clauses 3-16, and are restricted to war, international commerce & relations; and domestically, the creation of a uniform commercial system: weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, mail delivery & roads. Several Amendments delegate to Congress some power over civil rights.

These enumerated powers are the only areas where the federal government has lawful authority over The States and The People in The States.  In all other matters [except those listed at Art. I, §10] the States and The People retain supremacy, independence, and sovereignty. Go here for a complete list of all of Congress’ Enumerated Powers.

Obamacare is altogether unconstitutional because it is outside the scope of the legislative powers We granted to Congress. Nothing in Our Constitution authorizes the federal government to control our medical care (or to exercise the other powers in the Act). 

I challenge those five (5) lawless judges on the supreme Court [Roberts, Kagan, Sotomayor, Ginsberg, & Breyer], all other totalitarians, mushy liberals, gullible fools, and parasitic humans who support Obamacare, to point to that clause of The Constitution where We delegated to the federal government power to control our medical care.

Article I, §8, clauses 1-16: What it Really Means.

Those five (5) lawless judges on the supreme Court looked at Art. I, §8, cl.1, and found power in Congress and the Executive Branch to take over our medical care – even to decide whether we will receive medical treatment or be denied medical treatment.2

And how did The Lawless Five do this?  I’ll show you. But first, let’s see what the Constitution really says.  Article I, §8, clauses 1 & 2 read:

Clause 1: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;” [boldface added]

Clause 2: “To borrow Money on the credit of the United States;”

Immediately after Clauses 1 & 2 follows the list of enumerated powers WE delegated to Congress:

  • Clause 3: To regulate “commerce” [For the Truth about the “commerce clause”, go here];
  • Clause 4: To establish uniform laws on Naturalization and on Bankruptcies;
  • Clause 5: To coin money & regulate its value, and fix the standard of weights & measures;
  • Clause 6: To punish counterfeiting;
  • Clause 7: To establish Post Offices and post Roads;
  • Clause 8: To issue Patents and Copyrights;
  • Clause 9: To set up federal courts “inferior” to the supreme Court [one may well ask how any court can be “inferior” to the supreme Court];
  • Clause 10: To punish Piracies & Felonies on the high seas and offenses against the Law of Nations;
  • Clause 11: To declare War, grant Letters of Marque & Reprisal, and make rules for Captures;
  • Clause 12: To raise and support Armies;
  • Clause 13: To provide and maintain a Navy;
  • Clause 14: To make Rules for the land and naval Forces;
  • Clause 15: To call forth the Militia; and
  • Clause 16: To provide for organizing, arming, disciplining the Militia.

Add to this short list of enumerated powers; the “housekeeping powers” itemized in the paper linked here; the salaries authorized by Art. I, §6, cl. 1; Art. II, §1, next to last clause; Art. III, §1, cl. 1, and others on the civil list; together with the Amendments addressing civil rights; and you have the sole purposes for which Congress is authorized to levy and collect taxes, borrow money, and spend money for the Country at Large.

And this is precisely what James Madison, Father of Our Constitution, says in Federalist Paper No. 41 (last 4 paras).  Madison addresses the objection that:

“…the power ‘to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,’ amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare.” (4th para from end).

Madison says one would be grasping at straws to stoop to such a silly “misconstruction”:

“Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms ‘to raise money for the general welfare’.” (3rd para from end)

“But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? … Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning … is an absurdity…” (2nd para from end)

In the final paragraph, Madison says Art. I, §1, cl. 1 does not vest in Congress a power to legislate in all cases whatsoever: Clause 1 is merely a “general expression”, the meaning of which is “ascertained and limited” by the clauses which immediately follow it.

To put Madison in modern English: Clauses 1 & 2 grant to Congress the power to raise money; clauses 3-16 enumerate the objects on which Congress may appropriate the money so raised, thus limiting clauses 1 & 2.

THAT is the Constitution We ratified.

What the Lawless Five Assert it Means:

See where it says in Clause 1, “To lay and collect Taxes”?  The Lawless Five assert that this phrase authorizes Congress to lay & collect taxes for any purposes whatsoever.

They IGNORED the “specification of the objects [Clauses 3-16] alluded to by these general terms” [Clauses 1 & 2] – the “enumeration of particulars” which “explain and qualify” “the general phrase”.  

In effect, they repealed Clauses 3-16.  In a nutshell, the Lawless Five asserted that Congress and the President may do whatever they want to us.  Just call it a “tax”.

What can WE Do?

First, we must disabuse ourselves of the monstrous lie that the federal government created by the Constitution is the exclusive and final judge of the extent of the powers delegated to it; and that the opinion of five judges, not the Constitution, is the sole measure of its powers. 3 This is an evil ideology antithetical to our Founding Documents and Principles. Once you understand that, our remedies are readily apparent:

1. Impeach Federal Judges who violate their Oaths of Office. The supreme Court is merely a creature of the Constitution and is completely subject to its terms; and when judges on that and lower federal courts – who serve during “good Behaviour” only (Art. III, §1, cl. 1) – usurp power, they must be removed from office. Alexander Hamilton writes in Federalist No. 81 (8th para) of:

“… the important constitutional check which the power of instituting impeachments in … [the House] … and of determining … them in the … [Senate] … give[s] to … [Congress] … upon the members of the judicial department. This is alone a complete security. There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations…” 4

We must elect Representatives and Senators who will support our Constitution by impeaching & removing usurping federal judges.  We must elect people who will rid of us The Lawless Five.

2. Elect Representatives and Senators who will also repeal Obamacare and dismantle everything which has been implemented so far.

3.  Elect Romney.  He has promised he will “repeal” obamacare.  His Oath of Office – which is “to preserve, protect and defend the Constitution” – requires him to refuse to implement Obamacare. By Executive Order, he must refuse to implement it, he must reverse all implementation in effect when he takes office, and he must rescind the unconstitutional rules [see, e.g., Art. I, §1] made by the baby-killing totalitarians who presently infect the Department of Health & Human Services.

4.  States must nullify ObamacareHere are model Nullification Resolutions for State Legislatures. These can be easily amended to specifically address Obamacare and the HHS rules. State officials, legislators, and judges all take The Oath to support the federal Constitution (Art. VI, cl. 3); and that Oath requires them to nullify Obamacare.

5. We the People must stop deceiving ourselves about the motives of people such as Obama and the Lawless Five. They are not ‘basically decent people who just have different opinions”. They are Dolores Umbridges who are determined to reduce us to abject slavery. PH.

Endnotes:

1 Contrary to the misconstructions long and unlawfully applied by the federal government, the federal Constitution is one of enumerated powers only.  E.g.:

“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.”  (Federalist No. 45 , 9th para)

“…the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects….” (Federalist No. 39, 3rd para from end)

“…the general [federal] government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects...” (Federalist No. 14, 8th para)

2 There is much more in Obamacare than transferring to the Executive Branch power to decide whether we will receive or be denied medical care. It is a parade of horribles worthy of Stalin, Hitler, and Anita Dunn’s hero, Mao.  It transfers total control of our lives to the Executive Branch.

3 Our beloved Thomas Jefferson writes in para 1 of the Kentucky Resolutions of 1798:

“1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes,–delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.” [boldface mine]

4 With Obamacare, the Lawless Five colluded with Congress & the Executive Branch to subvert Our Constitution. Our Framers warned us of such connivances between the branches of the federal government:

Alexander Hamilton tells us that Congress can’t successfully usurp powers unless The People go along with it!  In Federalist No.16 (next to last para), he points out that because judges may be “embarked in a conspiracy with the legislature”, the People, who are “the natural guardians of the Constitution”, must be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.

James Madison says in Federalist No. 44 (last para before 2.):

“…the success of the usurpation [by Congress] will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; …” [boldface added]

Hamilton and Madison are telling that We don’t have to go along with Obamacare just because Five totalitarians on the supreme Court want the Executive Branch to have total control over our lives. This is where we draw the line.  We must Resist this tyranny.

Time to Wake Up, America

Perhaps nothing illustrates the depth of depravity and corruption to which the American political system and the American culture have sunk than the practice of deferred taxation. Our national debt today is $15,701,934,801,235. That amount equals a debt load of $50,100 per citizen and $138,300 per taxpayer. (U.S. Debt Clock)

Government does not have the means or the capacity to generate wealth. By its very nature, it can only consume wealth. The only income governments have for paying off debt or purchasing necessary goods or services for its operation is the wealth confiscated from citizens through taxation of one type or another, whether it is through overt taxation, fees, inflation, fines or other means of raising revenue.

Since all debts eventually come due and since this generation insists on living off borrowed money while refusing to pay the taxes necessary to support our leaders’ opulent life styles and prolific spending, or to defray the debt, that debt necessarily falls on future generations. This generational theft, or as Frederic Bastiat would no doubt call it if he were alive today, “generational plunder”, is both our national crime and our national sin. We are plundering the livelihood of our children, grandchildren and future generations in pursuit of the impossible utopian promises of the godless socialists that have infiltrated and now control our governments and our political parties.

Again to quote Bastiat, “…legal plunder can be committed in an infinite number of ways. Thus we have an infinite number of plans for organizing it: tariffs, protection, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit, and so on, and so on. All these plans as a whole –with their common aim of legal plunder — constitute socialism…” ~Frederic Bastiat, 1801 – 1850; The Law, p. 15.

…With this in mind, examine the protective tariffs, subsidies, guaranteed profits, guaranteed jobs, relief and welfare schemes, public education, progressive taxation, free credit, and public works. You will find that they are always based on legal plunder, organized injustice.” ~Frederic Bastiat, 1801 – 1850; The Law, p. 21.

There are no innocents in this scenario. Both political parties, progressives, conservatives and even our beloved tea parties must share in the guilt. The Democrat Party has exploited the natural greed, jealousy and envy of its constituents to win votes by promising free food, clothing, medical care, education, loans, money, etc., all at the expense of other citizens. The gullibility, of what seems to be a majority of the American people, has allowed the Democrat Party and its socialist leadership to gain control over our government. They are using that power to destroy our cultural, economic and political institutions in order to replace them with socialist institutions that they believe will ultimately afford them total control over the lives and liberty of the American people.

The Republican Party has not escaped, by any means, the influence of socialism among its leadership. They may not be as taken in by the utopian mythology of socialism as their Democrat counterparts, but they are every bit as motivated by the lust for power as are the Democrats. In some ways, the Republican Party is even more devious than the Democrat Party. Democrats publicly reveal their intentions, depending on the apathy and gullibility of the American people and the ever-increasing financial dependency of their base, to return them to power. The Republican Party campaigns on conservative values promising to return America to its founding principles. However, once in office too many of them succumb to the perks and powers of office and become more intent on protecting and supporting the Party establishment so as not to risk their own coveted position than in their promises to the voters.

As we witnessed in the last several election cycles the Republican Party sometimes even seems willing to sacrifice the Presidency in order to maintain its dwindling power in Congress as well as in State and local government bodies. In primaries, they denigrate true conservative challengers, supporting candidates they believe will be most advantageous to the Party establishment. Once they have succeeded in winning their spot on the party ticket they drop the conservative façade they exhibited while campaigning and “move to the center” in order to hopefully gain the support of progressive republicans and the coveted “independents”. Once in office their sole consideration becomes how to hold onto the power they have won, perceiving that in order to do so they must kowtow to the Party leadership and support the establishment’s agenda. Their loyalty is to the Republican Party not to republican principles.

This lust for power, present in the breast of all professional politicians was the primary theme of debates during the Philadelphia Convention in 1787. For 84 hot, humid days during that Philadelphia summer from May 25 to September 17, the framers wrestled with the problem of how to organize a government that would protect the liberty and property of its citizens while preventing it from being overcome by its leaders’ desire for power. They succeeded in creating the most effective and practical plan of government ever devised, the United States Constitution. However, like all plans, it only works when it is followed. Our Constitution is incompatible with socialism. For that reason, the socialists among us have been working for over a hundred years to destroy it. They have almost accomplished their goal. Actions by the Supreme Court this summer and/or the actions of voters this fall could sound the death knell for our Constitutional Republic.

Conservatives generally recognize this truth and have fought valiantly for the past couple of years in an effort to reverse course. The problem is that not enough conservatives recognize or accept the remedies necessary to cure all our national ills. Take, for example, the tea parties. The sole focus of many tea parties is fiscal responsibility. Some add to that focus, political reform, calling for a return to the Constitution. A few even address the cultural decay so rampant in America today; this diversity in purpose results in a splintered effort that in the long run may have little effect on the outcome. Many fiscal conservatives often overlook blatant breaches of the Constitution in order to enjoy their share of the socialist pie. They like the taste of the pie, they just don’t like the price attached to it. At the same time, many fiscal conservatives and constitutional conservatives alike denigrate the values conservatives, believing those values would somehow disturb the enjoyment of their pleasures and harm the chances of realizing their political agenda.

The idea that voters “always vote their pocketbooks” when they go to the polls is perhaps the greatest fallacy of all. It is not their pocketbooks they are voting, it is the pocketbooks of future generations. As for themselves, they will never agree to the increase in taxes necessary to pay for their leaders’ prolific spending. For generations we have been returning the same professional politicians to office in election after election. Obviously this practice is not working. Our debt keeps growing, our tax bills keep going up and our standard of living continues to decline. Our social programs are bankrupt, our unemployment rate is higher than it has been in eighty years, and few can say they are better off, spiritually, financially, or physically today, than were past generations. We can attend protest meeting and march with our cleverly worded signs all we want, but the only protest that counts is that expressed at the ballot box.

To solve our problem we have to change our system. We have to change the way our government is run and the people who run it. Thankfully, the Founders gave us a way to do that at the ballot box and not on the battlefield. In November, we need to vote out as many of the professional politicians as possible, replacing them with patriots who have the courage, knowledge and understanding to bring about true reform. As we have pointed out before, the American system has three components, its political system, its economic system and it culture. It is useless to believe that we can reform any one or two parts of this system and leave the other as it is, and hope that we can secure a lasting cure for our ills.

We must have political reform that restores the rightful authority to our Constitution, replacing our corrupt and self-serving political parties with ones made up of true patriots who take their oath of office seriously and abide by it. We must have economic reform that rejects crony capitalism and replaces it with the true market capitalism that made America the most prosperous nation on earth for generations. Last, but by no means least, we must revive the American culture that made us the beacon of liberty and opportunity the world over. In short, we need a political, economic and spiritual revival if we are to survive as a free nation.

To realize this revival we must learn all over again to cherish and abide by our founding principles as set forth in our founding documents, the Bible, the Declaration of Independence and the Constitution. I have heard mothers threaten their errant offspring with the threat, — insincerely, of course — “I brought you into this world, and I can take you out.” America was brought into this world by the benevolent providence of God and therefore, it can be taken out by His judgment…. Think about it.

 

Teddy Was a RINO

President Obama invoked the name of Theodore Roosevelt at a fundraiser Friday in Burlington, Vermont, saying, “previous Republican presidents wouldn’t recognize today’s GOP”. Actually, Teddy Roosevelt would feel right at home in today’s Republican Party, being the second RINO to win the Presidency and providing the model for RINOs of the future. After the 1892 election, when the People’s Party gained major victories in American politics, carrying five states in the general election and winning numerous state and local contests nationwide, both the Democrat and Republican Parties embraced a number of socialist-populist ideas from the People’s Party platform .

Republican William McKinley won the 1896 Presidential election over Democratic candidate, William Jennings Bryan. However, McKinley’s Vice President, Garret Hobart, died of a heart ailment in 1899 and he chose Theodore Roosevelt, the recently elected Governor of New York, as his running mate in 1900. The McKinley-Roosevelt ticket won the 1900 election, again defeating the Democrat, Bryan in a landslide. Just six months after taking office for his second term, McKinley died as the result of an assassin’s bullet on September 14, 1901. He had been shot a few days before while attending the Pan-American Exposition at Buffalo, New York.

Roosevelt finished the remainder of McKinley’s term and ran for and won reelection in 1904. Roosevelt was a popular President, partly because of the hero status he had gained by his prior exploits in Cuba, leading a Calvary regiment, the “Rough Riders”, during the Spanish-American War, and partly because of his enthusiastic support for the populist-socialist policies that were in vogue at the time. Roosevelt chose not to run for another term in 1908 and his handpicked successor, William Howard Taft, easily won the election of 1908.

Roosevelt soon became dissatisfied with the more moderate progressive policies of Taft and determined to run against him in 1912. Failing to gain the support of the Republican Convention for his candidacy, Roosevelt withdrew from the party and ran on the Progressive Party ticket, a party he formed after being rejected by the Republicans. All four parties in the 1912 election ran progressive candidates, Taft on the Republican ticket, Roosevelt on the Progressive ticket, Wilson on the Democrat ticket and Debs on the Socialist ticket. Taft and Roosevelt split the Republican vote, giving the Presidency to Wood Wilson.

Two of the four progressive era Amendments to the Constitution were ratified by the states during Wilson’s first year in office; the Sixteenth Amendment, authorizing Congress to levy a graduated income tax, first proposed by Karl Marx in the Communist Manifesto in 1848, paving the way for the realization of the long-term socialist goal– the redistribution of income; and the Seventeenth Amendment requiring that Senators of each state be elected by popular vote, rather than by the State Legislature. This Amendment reversed a decision that was thoroughly debated and decided by the Framers during the Philadelphia Convention. The Seventeenth Amendments fulfilled the progressive-socialist goal of a more direct democracy, while at the same time, setting the stage for the future disregarding of the Tenth Amendment by Congress.

The progressive Republican Presidents at the turn of the twentieth century established the pattern for the RINOs of the future and would feel right at home in the Republican Party of today. Most Republicans have a difficult time identifying the RINOs among them because they consistently confuse the words Republican and republicanism. Republican is the name of the political party. Its primary goal is to win elections and protect the incumbency of its elected officials. Republicanism refers to the philosophy of governing espoused by the Founding Fathers and the Framers of the Constitution.

Republicanism differs markedly from democracy. Democracy refers to the rule of the majority and is easily manipulated by demagogues and charlatans. Democratic governance was both despised and feared by the Founding Fathers and the Delegates to the Constitutional Convention of 1787. The word “democracy” appears nowhere in our Founding Documents and was only used during the debates at the Philadelphia Convention in a derogatory sense. Republicanism refers to a government composed of representatives chosen by the people, accountable to the people, and operating under the rule of law. In America, the Constitution is the “Supreme Law of the Land” and all laws incompatible with it are illegitimate. All elected or appointed officials in the U.S. are sworn to uphold and defend the Constitution.

The word RINO is an acronym for “Republican In Name Only” and is used to denote those elected officials who run on the Republican Ticket but once in office reject the principles of republicanism. Their role in the political system for the past hundred years has been to act as enablers of the addiction to socialism, endemic in the Democratic Party. The RINOs of the early progressive era would be quite comfortable in the modern Republican Party of today, which seems to be dominated by RINOs at the upper levels of the Party establishment.

Obama got this one wrong, as he usually does. However, he does inadvertently depart from his customary litany of falsehoods and swerve into an obvious truth now and then. He did so at another fundraiser in Portland, Oregon on the same day, when he said, “You know, the idea you would keep on doing the same thing over and over again, even though it’s been proven not to work — that’s a sign of madness”. If you are surprised by Obama’s candor in describing the socialist policies of the Democratic Party, or his sudden insight into his own mental processes, just remember the old adage “even a stopped clock is right twice a day.”