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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

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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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.

Happy IN-Dependence Day

Courtesy NetRight Daily

The Biblical Foundation of Our Constitution

By Publius Huldah
The English Puritans who came here in the 1630s knew that the Old Testament has a great deal to say about civil government. And they came to build thatshining city on a hill.

They did not come here to escape from the World, to wait for the end of the World, and to surrender it to evil.

And so – we became a shining city on a hill. The fundamental act of our Founding, the Declaration of Independence, recognizes the Creator God as the Source of Rights;1 and acknowledges that the purpose of civil government is simply to “secure” the Rights God gave us. The Constitution we subsequently ratified was based on God’s model of civil government as set forth in the Bible.

That is why our Country was so much better than what the rest of the World has been.  For the most part, we followed God’s model for civil government; other countries didn’t.

The blessing which flows from God’s model is limited civil government which is under The Law. That is why our Liberty Bell quotes Lev. 25:10 – “Proclaim LIBERTY throughout all the Land unto all the Inhabitants thereof.”

In this paper, I will show you Six Principles which come from the Bible and how our Framers applied them. In a future paper, I will show you Six Biblical Principles Thomas Jefferson listed in the Declaration of Independence, and how those Principles are also incorporated into our Constitution.

1. The Civil Authorities are under the Law. 

The Bible: God is The Lawmaker – the kings are to apply God’s Law. 2

  • Deut. 17:18-20: The king is to write out a copy of God’s Law. He is to have it by him and read from it all his life so that he may keep, observe, and apply it.
  • 1 Kings 2:1-4:  King David on his deathbed tells Solomon he must conform to God’s ways, and observe his statutes, commandments and judgments, as written in the Law of Moses.

The parallel in our Constitution is that the Constitution is the Supreme Law which the civil authorities are to obey.

Noah Webster’s 1828 American Dictionary defines “constitution”:

“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.” [boldface added]

Our Constitution is the Standard by which the validity of all Acts of Congress, all acts of the Executive Branch, all judicial opinions, and all Treaties is measured and judged (Art. VI, cl. 2).

Do you see?  Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution.

Tyrants, on the other hand, claim that they are the source of law.  The Roman Caesars, Stalin, Hitler, the dictator of N. Korea and Obama all claim that their  will is “law”. Consider Obama’s usurpatious executive orders and rules made by his executive agencies. This is the “Rule of Man” – when the civil authorities deny they are subject to a higher law (be it God’s Law or the Constitution), and hold that their will is “law”.

2. Civil Government has only limited and defined Powers:

The Bible: When you read through the Old Testament, you see that civil government is limited to:

  • Military matters
  • Enforcement of only a few of God’s Laws – the laws to which a penalty for violation is attached (laws against murder, theft, bearing false witness, negligence, etc.).
  • Judges are available to decide disputes between the people.

Most of God’s Laws are a matter of individual and family self-government (e.g., charity, family welfare, education, don’t drink too much, work hard).

The parallel in our Constitution is that it is one of enumerated powers only:

All other powers (except those listed at Art. I, §10) are retained by the States or the People. Self-government” means that as individuals, we govern ourselves in accordance with the laws of God [or the “Natural Law”].  It doesn’t mean that we elect representatives to manage our lives for us!

Tyrants claim the power to do whatever they want.

3. Civil Government is divided into Three Parts:

The Bible: Isaiah 33:22 says The Lord is our “judge”, “lawgiver”, and “king”!

The parallel in our Constitution is that the federal government is divided into three branches: Judicial, legislative, and executive.

No human can be trusted with all three functions, so our Constitution separates them into three branches, with each branch having checks on the powers of the other branches.

Tyrants seek to exercise all three functions. Obama is making Congress irrelevant: When they refuse to pass a law he wants, he implements it by “executive order” or “agency regulation”.  He’s making the judicial branch irrelevant by ignoring their decisions which go against his will.

 

4. The Civil Authorities promise to obey the Higher Law.

The Bible: The king promises to obey God’s Laws and to apply God’s Laws in the kingdom; and the people pledge themselves to this promise:

  • King Josiah’s covenant at 2 Kings 23:1-3:  King Josiah called all the people together and in their presence, read aloud to them the Book of the Law which had been found in the temple. Then King Josiah entered into a covenant with God that he would obey him and keep his commandments and statutes as written in the Book of the Law.  And all the People pledged themselves to this covenant.
  • Joash’s (via the priest Jehoiada) covenant at 2 Kings 11:17 and 2 Chron 23:16.
  • David’s covenant at 2 Sam 5:1-4 and 1 Chron 11:1-3.

Our Constitutional Oaths of Office:

  • Art. II, Sec. 1, last clause: The President promises to “preserve, protect and defend the Constitution”.
  • Art. VI, last clause: All other federal and State officers and judges promise to “support” the Constitution.

5.  When the Civil Authorities violate the Higher Law, We must Rebuke them!

The Bible: The prophets rebuke the kings when they forsake God’s Law:

  • Samuel rebuked King Saul (1 Samuel 13:10-14)
  • Nathan rebuked King David (2 Samuel 12)
  • A Man of God rebuked King Jeroboam (1 Kings 13)
  • Elijah rebuked King Ahab (1 Kings 16:29 – 1 Kings 17:2; 1 Kings 18:16-20; 1 Kings 21:17-29)
  • Elijah rebuked King Ahaziah (2 Kings 1:1-18)
  • Elisha rebuked Jehoram, King of Israel (2 Kings 3:1-14)
  • The prophets warned of the pending destruction of Jerusalem because of the sins of King Manasseh (2 Kings 21:10-16)
  • The book of Micah.

The Black Robed Regiment of Our Revolution: Some 237 years ago, our pastors were leaders in bringing about our Revolution.  They understood that the English king and Parliament were imposing tyranny on us in violation of God’s Law.

In the Declaration of Independence, we rebuked the British Crown when we itemized our grievances and recited how we had petitioned for redress and had warned that if they didn’t stop the usurpations, we would separate from them.

But today, we don’t have enough clergy with the knowledge and the spine to rebuke the federal government. Many don’t know what the Bible says about civil government,3 and they don’t know our Founding Principles and documents. Too many of our clergy just want to escape or withdraw from the World, avoid controversy, and preserve their 501 (c) (3) tax exemption.

The Catholic Priests are speaking out about being forced to provide contraception and abortion pills as violations of their religious freedom. But they should be denouncing the HHS rules as unconstitutional exercises of undelegated powers. 

Their goal should not be to carve out an exemption for themselves from rules they don’t agree with; but to enforce The Constitution for everyone.

“Rebuke” does not consist in saying, “I don’t agree” or “It violates my beliefs.”

A proper rebuke points out the Higher Law being violated, and demands compliance with that Higher Law – not with one’s personal views. 

Because the Priests have focused on their religious beliefs, instead of on biblical/constitutional principles; the discussion in the media has been about the percentage of Catholics who use birth control – the implication being that since most Catholics use it, the Priests are out of touch.

But if the Priests would say:

  • Obamacare is unconstitutional as outside the scope of the powers delegated to Congress – the medical care of the People not being one of the enumerated powers; and
  • The HHS rules are unconstitutional as outside the scope of the powers granted to the Executive Branch, and as in violation of Art. I, § 1 which provides that only Congress  may make laws; 4

Then, they would make a proper Rebuke.  And the discussion would be where it should be: on the enumerated powers of Congress and the unconstitutionality of rule-making by executive agencies.

So! The purposes of Rebuke are to Warn and Teach:

  • To warn the civil authorities of their violations of the Higher Law, and
  • To educate the civil authorities and The People about the Higher Law.

The Constitution is a theological document! It is the job of our clergy – Catholic, Protestant and Jewish – to know this. And to defend God’s Word as expressed in our Constitution. God requires our clergy to take an active role in protecting the People from a civil government which violates the Higher Law – be it God’s Law or our Constitution which is based on God’s Law.

We The People must also rebuke the federal government when they violate our Constitution. We do it by posting on line, talking to friends, family, and everyone else within our spheres of influence. Stick to Principles – avoid personal opinions. Cite the provision of our Constitution they violated; or as is usually the case, show that what they have done is not an enumerated power. When they have town hall meetings, rebuke them there. Watch this magnificent woman and see how it is done!

6.  The Peoples’ Obligation to obey the Civil Authorities is conditional upon
the Civil Authorities obeying the Higher Law.

The Bible: As shown by the Scripture at Principle 4, civil government is a covenant between God, the king, and the People.  God makes the Laws; the king promises to obey and apply those Laws; and the people pledge themselves to the Covenant.

Out of this relationship between God, the king and the people, arises the peoples’ obligation to protest lawlessness on the part of the king.  If they don’t protest, God punishes the people because of the misdeeds of their kings – the people will suffer if they go along with the unlawful acts:

  • God sent a 3 year famine because Saul put the Gibeonites to death (2 Sam 21).
  • God sent a pestilence which killed 70,000 Israelites because David took the census (1 Chron 21 & 2 Sam 24).
  • God (via Elijah) sent a famine because Ahab & his house forsook the commandments of the Lord (1 Kings 16:29-33, 17:1, 18:1, 18:17-19).
  • God struck a heavy blow at Joram’s people because of Joram’s wickedness (2 Chron 21:1-14).
  • God visited 4 dooms upon Jerusalem & the Southern Kingdom because of the sins of Manasseh (2 Kings 21:10-17 & Jer 15:3-4).

The parallel in our Constitution is this: When Congress makes a law which is outside the scope of its enumerated powers, it is no “law” at all, but is void; and we have no obligation to comply.  Alexander Hamilton says this over and over in The Federalist Papers.  Here are a few examples:

“…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 they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify…” (Federalist No. 33, 5th para). [boldface added]

“…acts of … [the federal government] which are NOT PURSUANT to its constitutional powers … will [not] become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such…”http://www.foundingfathers.info/federalistpapers/fed33.htm (Federalist No. 33, 6th para). [boldface added]

“…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act …contrary to the Constitution can be valid. To deny this, would be to affirm … that men … may do not only what their powers do not authorize, but what they forbid.” (Federalist No. 78, 10th para). [boldface added]

Hamilton also tells us that Congress can’t 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.

So!  Hamilton applies the Biblical model of what WE are supposed to do when the federal government acts outside of the Constitution. We are to recognize that their acts are “void”, and We are to take whatever prudent measures are necessary to enforce the Constitution.

What can We do?

Hamilton tells you to LEARN the Constitution; demand that federal and State officials obey it; and don’t go along with them when they violate it!

READ our Declaration of Independence and Constitution until you become familiar with them.  Stick to original sources (e.g., The Federalist Papers) and beware of the ignorant know-it-alls with their crazy theories.

REBUKE officials and judges who violate the Constitution! Specify the violation.  Usually, the violation is that what they did is not an enumerated power.

ELECT State & County officials who will nullify unconstitutional acts of Congress, executive orders, & judicial opinions.  Here are Model Nullification Resolutions for State Legislatures.

TALK to your pastor, priest or rabbi – we all share the Old Testament. We must dust off our copies and read them; renounce escapism & defeat; renounce the unbiblical doctrine of socialism (listen to Fr. Andrew!); renounce the unbiblical doctrine of divine right of kings – the false doctrine that God granted autonomy to the civil authorities; declare independence from the federal government and throw off the chains of the 501 (c) (3) tax exemption!  Start being the Salt & Light we are called to be – the Watchmen on the Wall. PH.

Endnotes:

1 Here are express references to God in our Declaration of Independence:

  • …The Laws of Nature and of Nature’s God…
  • …endowed by their Creator with certain unalienable Rights…
  • …appealing to the Supreme Judge of the world for the rectitude of our intentions…
  • …with a firm reliance on the protection of divine Providence

Our Constitution at Art. VII, last clause:

  • …in the Year of our Lord one thousand seven hundred and Eighty seven…

2 “Lex, Rex” – the Law is above the king!  Not “Rex, Lex”.

3 Romans13 must be read in pari materia with everything the Bible says about civil government! The false doctrine of “divine right of kings” is based on ignoring the numerous Old Testament provisions addressing civil government. Romans13 actually says that the civil authorities are God’s ministers and agents, and if we are “good” we have no cause to fear them; but if we do “evil” we do have cause to fear them.

So! When reading Romans 13, Titus 3:1 & 1 Peter 2:13-14, we must keep in mind that it is God who decides what is “good” and what is “evil”. God never gave civil authorities the power to define “good” and “evil”; and God never gave them autonomy. Bad theology is, and has long been, the cause of much evil.  And Pride keeps it going.

4 Article I, §1 says:

“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.”

Only elected Senators (Art. I, §3, cl. 1) & popularly elected Representatives (Art. I, §2, cl. 1) may exercise legislative powers. Our Constitution doesn’t permit unelected bureaucrats to make laws. Federal judges have disgraced the Bench by permitting rule-making by executive agencies.

Separating Real Truth From Implied Fantasy

I have been a Christian for over fifty years. During that time, I have attended two Bible Colleges, listened to thousands of sermons, listened to many hours of Christian radio, and watched hundreds of Broadcast on Christian TV. I have talked to thousands of “born-again”Christians and been personally involved with many of them as family members and close friends. The one thing they all had in common was that they justified their religious beliefs based on what they thought the Bible teaches. Often times, however, I noticed that a lot of their beliefs conflicted with many of mine, which I also assumed I had derived from the teachings of Scripture. At times, this became a source of confusion and discouragement for me. I sometimes doubted if I could ever understand the teachings of the Bible.

I did not begin to understand this troubling phenomenon until the deteriorating state of affairs in America forced me into a study of American history, politics, and our Founding Documents. I soon noticed the same thing happening in the world of politics that I had experienced in the world of Christianity; Every politician, lawyer, and court, when debating issues of public policy and law, appeal to the Constitution as the authority for their opinions and decisions. Yet, when I listened to the politician or read a court decision, I often had to wonder, “Whose Constitution are you reading”? It gradually dawned on me that I was observing two entirely different methods of reasoning used to come to the “truth”. Some base their final understanding of doctrine or law on what they believe to be the implied meaning of passages in the Bible or in the Constitution, others, on the clear meaning of the words used as defined by the dictionary and the context in which they are used.

For example, in “Roe vs. Wade”, the Supreme Court found the “implied” doctrine of a “right to privacy” in the Fourteenth Amendment’s “equal protection” clause. That decision, based on an implied meaning, not only overturned a Texas state law outlawing abortion, it opened the door to a plethora of other laws and court decisions establishing the “right to an abortion” as “the law of the land”. The laws stemming from this newfound legal wisdom protect a woman’s right to “freedom of choice” all the way up to and including, the criminalizing of certain types of protests against abortion, or attempts to persuade a woman not to go through with a planned abortion, within a specified number of feet from the entrance to an abortion clinic.

The ongoing attacks on Christianity in America is justified by the implied doctrine of “separation of Church and State” found in the religious clause of the First Amendment, which says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Clearly, this is not a demand for separation, but a declaration of independence on behalf of religion from the authority of the federal government. The First Amendment prohibits Congress from passing any law that would make any form of religion, the official, established religion of the nation. At the same time, it prohibits Congress from making any law that would interfere with the free expression of the religious beliefs of any individual, church, place of worship, state or community. Since the first sentence of Article I, Section 1 of the Constitution gives Congress the sole authority for making all laws for the federal government, the same prohibitions would apply to the Courts and the Executive Branch as well.

It is natural that we form our worldview based heavily on the things taught to us by our parents, teachers, professors, mentors and other respected authority figures in our educational and professional lives. They, of course, formed their views the same way we formed ours, from those who came before them. Consequently, the lawyers, judges, preachers, and theologians of today, following the same course, often approach the Constitution and the Bible looking for implied meanings that will support their own preconceived point of view, rather than accepting the clear meaning of the passages read. As generations go by it behooves us to reexamine what we believe and discard the false doctrines we have adopted from others in the past. Considering the condition of our institutions of government, our economy and our culture, now is probably a good time to begin our quest.

The reformers of the sixteenth and seventeenth centuries rejected the false doctrines of the then current religious establishment and the ecclesiastical authority of the established state church. Returning to the source document of their religion, the Bible, as their only basis of truth, they brought about the great protestant reformation to the incalculable benefit of later generations. The Founding Fathers went through the same process in forming our government between approximately 1772 and 1787. They rejected the established theories of government and the concept of monarchs and subjects, turning instead to new concepts of liberty and citizen sovereignty. In forming their own views of government, they relied heavily on the Bible and the writings of legal and political philosophers such as John Lock, Baron de Montesquieu, and Sir William Blackstone, all of whom formed their own philosophy largely on the Bible, as had the Reformers.

America today is sorely in need of both a political reformation and a spiritual revival. In fact, without both there is little chance of preserving an America with the prosperity and liberty we have enjoyed in the past. Both reformation and revival means getting back to basics. The only hope for a worthwhile political reformation is a return to the authority of the Constitution as the final rule or law for the operation of our government. Likewise, the spiritual revival of our culture requires a return to Bible principles as our primary source for the moral values John Adams, George Washington and others among our Founders believed to be necessary for the establishment and preservation of real liberty and prosperity in the nation they were forming.

Also See Comments to This Post at Illinois Conservative Beacon