Tag Archives: Thomas Jefferson

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

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Obama and the Jefferson Koran

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

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

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

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

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

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

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

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

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

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

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

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.

Impeachment May Be Our Only Hope!

After three days of testimony before the Supreme Court on Obama’s health care law, the so-called “Affordable Health Care Act”, some things are becoming evident, although no one can predict how the Court will rule. In a “best case scenario”, it will rule the entire law unconstitutional, killing it completely. In a “worst case scenario”, they could rule the law constitutional as it stands, which would be catastrophic for the country. While either is possible, neither is probable. More than likely, the final ruling will fall somewhere in-between.

There seems to be a widespread belief that the individual mandate will be struck down by the court, although that is in no way certain. Even if it is, there is a strong possibility that parts of the law will be left intact. Based on the history of Supreme Court decisions, it is likely that if the Affordable Care Act is struck down, all or in part, the majority opinion of the Court will contain language that can be used by the left to further expand the meaning of the commerce clause of the Constitution.

At this point in the deliberations, it seems obvious that the final outcome and thus, the future of the Republic will hinge on the decision of a single Supreme Court Justice. It is certain that the four progressive/socialist Justices will come down on the side of government, while the four constitutionalists will elect to strike down, at least several parts of the law. The deciding vote on most of the major issues will certainly be Justice Anthony Kennedy. That means that the future of the Republic for generations to come depends on the decision made by one man. This cannot be allowed to stand. A free Republic must be governed by the rule of law. We cannot afford to continue to allow one individual to decide what that law shall be.

In order to maintain the independence of the Judiciary, federal judges, including Supreme Court Justices, are appointed for life, or “during good behavior”. This lifetime tenure was granted to the judiciary with the understanding that they could be turned out of office by impeachment, should they prove to be unworthy of the position. In the history of America, thirteen federal judges have been impeached. However, only one Supreme Court Justice. That was Associate Justice Samuel Chase in 1804. He was impeached by the House of Representatives, charged with allowing his partisanship to influence his Court decisions. He was acquitted in the Senate by one vote, however.

Congress, after the elections of 1800, was dominated by the Democratic-Republican Party. However, because of the slow turnover of the Senate due to the three-election-cycle term of Senators, the Federalist Party was still strong enough in the Senate four years later to prevent Chase’s conviction. Since that time, no Supreme Court Justice has ever been impeached by the House. Short of impeachment, there is no way Supreme Court Justices can be held accountable for violating their oath of office. This fact became a major subject of debate during the Constitution’s ratification process.

The anti-federalists feared that the Supreme Court would become too powerful, usurping the powers granted to the Legislature by the Constitution. Justices would hold their office for life and there were no provisions in the Constitution for correcting their errors. The Framers believed the threat of impeachment would by sufficient to prevent the Court from overstepping its authority. One of the Anti-federalists, writing under the pseudonym “Brutus”, succinctly stated the objection in an article dated March 20, 1788.

 “1st. There is no power above them that can correct their errors or control their decisions — the adjudications of this court are final and irreversible, for there is no court above them to which appeals can lie, either in error or on the merits. — In this respect it differs from the courts in England, for there the house of lords is the highest court, to whom appeals, in error, are carried from the highest of the courts of law.
2d. They cannot be removed from office or suffer a diminution of their salaries, for any error in judgment or want of capacity.”

Alexander Hamilton attempted to answer the objections of the Anti-federalists in Federalist numbers 78 – 81. In Federalist 81, Hamilton summed up the objections of the Anti-federalists.

“The arguments, or rather suggestions, upon which this charge is founded, are to this effect: ‘The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature. The power of construing the laws according to the spirit of the Constitution will enable that court to mould them into whatever shape it may think proper; especially as its decisions will not be in any manner subject to the revision or correction of the legislative body. This is as unprecedented as it is dangerous. In Britain, the judicial power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general. The Parliament of Great Britain, and the legislatures of the several States, can at any time rectify, by law, the exceptionable decisions of their respective courts. But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless’.”

Later in the same paper, Hamilton attempts to put this objection to rest by pointing out the power of impeachment given to the two houses of Congress.

“It may in the last place be observed that the supposed danger of judiciary encroachments on the legislative authority, which has been upon many occasions reiterated, is in reality a phantom. Particular misconstructions and contraventions of the will of the legislature may now and then happen; but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system. This may be inferred with certainty, from the general nature of the judicial power, from the objects to which it relates, from the manner in which it is exercised, from its comparative weakness, and from its total incapacity to support its usurpations by force. And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments in one part of the legislative body, and of determining upon them in the other, would give to that body 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 entrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations. While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a court for the trial of impeachments.” (Emphasis added)

Conviction in impeachment cases requires a two-thirds affirmative vote in the Senate. This makes conviction almost impossible with the highly partisan nature of the professional politicians who populate both houses of Congress, a majority of whom will always side with their party over the welfare of the nation as a whole. We saw this in the planned impeachment of Richard Nixon and in full display during the impeachment of President Bill Clinton. The Act of impeachment will always be a partisan issue so long as the two major political parties are allowed to hold the power over government they have exercised from the beginning of the Republic. This fact of political life prevails in all political parties. The prosecuting party will ignore facts and mitigating circumstances in order to gain a victory over its opponent, and the defending party will do the same in defense of the accused in its party.

The next four to twelve years will be an all-out battle between the forces of despotism and the forces of liberty. There have been only two periods in the past when the nation has been as divided as it is today; during and after the Revolutionary War and the period surrounding the Civil War and its aftermath. We cannot allow the outcome of the coming conflict to depend on the decisions of one Supreme Court Justice.

The Constitution is our only real defense against outright tyranny. By now, this should be apparent to anyone who honestly looks at the facts. Since the tenure of Chief Justice John Marshall in 1803, the Supreme Court has taken it upon itself to decide what the language penned by the Framers actually means. Our current Court is almost evenly divided between the enemies of the Constitution and its defenders. The four progressive/socialist Justices barley mount a pretense of honoring the Constitution they took an oath to defend. As difficult and distasteful as it is, impeachment seems to be the only means of changing the politically corrupted nature of the Supreme Court. We simply cannot wait for time and chance to do it for us, and the immediate future is likely to be the only time for generations when impeachment is possible.

Thanks to the heavy-handed and tyrannical way in which Obama wields the powers of his office, millions of Americans are waking up to the realization that our nation is on the verge of total economic, political and cultural collapse. Every day hundreds if not thousands of citizens are gaining more knowledge of how our system works and why. Humanly speaking, the system established by the Founders, has alone been responsible for the success and prosperity we have enjoyed in the past. Before the nation goes back to sleep, either from the stupor brought about by socialist despotism or the indolent slumber fostered by the blessings of liberty, we must begin to take the steps correct the problems in our court system, from the federal trial courts to the Supreme Court.

More information on the Supreme Court and Impeachment. 

What Every Patriot Needs to Know

Fundamentals of the American System of Government
An on-line tutorial on the Constitution and our founding principles
Introduction by
Dr. Phil Stringer


Thomas Jefferson described the U.S. Constitution as “the chains upon government”.  The concept of unlimited government is always the enemy of liberty whether practiced by theocratic Pharaoh’s, “divine right of king’s”, monarchs, corporate socialists (Nazis and fascists) or communists.  The concept of unlimited government is the greatest earthly threat faced by individuals.

The English had a great heritage of freedom that they had fought and struggled for.  King George III and the English Parliament had to recognize that in the homeland but they chose to practice unlimited government towards the English colonies.  The American colonists refused to accept this and they successfully struggled for their liberty.

Now the great question was before them.  How do you keep the new government under control?

The Founders of the new republic chose constitutional government.  The new government would be “chained” by a written document limiting what it could do.  The liberty of the people would be protected by the “chains of restraint” provided by the Constitution.

Today prominent political leaders like Speaker of the House Nancy Pelosi, mock the idea of constitutional limits.  The American people desperately need to demand constitutional government again.

I have taught U.S. History for over 35 years.  I have repeatedly emphasized that the greatness of the United States was based upon the concept of limited government –government limited by the Constitution.

This course by Jerry McDaniel is a very effective training tool about our Constitution.  Every American should make sure that they have thoroughly prepared themselves to understand our Constitution.  This course will accomplish that purpose.  I encourage everyone to take advantage of this opportunity.  For some this will be new material.  For others, like myself, it is a great refresher course.  I recommend this course to everyone.

~Phil Stringer

Click HERE for Tutorial

What Happened To My Country?—Part One

minute-man-2-lithoLast November fifty-two percent of the American voters blindly voted for Barack Obama as President with enough Democratic Senators and Congressmen to give him a veto-proof majority in Congress.  Millions of Americans are now waking up to find their country on the verge of becoming a Democratic-Socialist country similar to those of Western Europe.  As they emerge from their stupor they are asking; “What happened to my country?”  The answer should be no surprise. We did not go from a free republic to a socialist oligarchy overnight.  We have been moving in that direction for the past hundred years and the closer we get the faster we move.

Read More

An Expression of the American Mind

liberty-bell

Introduction to Declaration of Independence

The Declaration of Independence is a unique document in world history.  It is the Declaration that provides the foundation for our form of government.  In it we find the primary principles on which the Constitution and the Bill of Rights are based, natural rights and the sovereignty of the people.  It also declares the only legitimate purpose of government.

The Declaration of Independence was adopted in 1776 by the second Continental Congress whose initial purpose had been to explore ways to restore the relationship with Great Britain.  Independence was not universally desired by the colonists.  Historians estimate that only about forty percent of the people were in favor of independence at the time.  A large number of colonists were still loyal to England, even after the outbreak of war, and between thirty and forty percent struggled to remain neutral.

By the time the Congress convened in 1775, hope for reconciliation with England had all but disappeared.  The second Congress met in May, less than a month after the battles of Lexington and Concord in which fifty colonists were killed and thirty-nine wounded.  The British losses were sixty-five killed, 180 wounded and twenty-seven missing.  Benjamin Franklin had just returned from London where he had been sent by the First Congress in an attempt at reconciliation between Great Britain and the Colonies.  At the same time Thomas Jefferson was promoting a plan for America to be governed by King George III with an independent legislature in the colonies.

Soon after the second Congress convened, Peyton Randolph, President of the first Congress and reelected as President of the second was called back to Virginia for a meeting of the Virginia Assembly of which he was the Speaker.  Thomas Jefferson was sent to Philadelphia as his replacement, arriving on June 21.  With the Departure of Randolph, John Hancock was elected as President.  Hancock, along with Samuel Adams, both of Boston and generally considered to be the instigators of the Boston Tea Party, were strong advocates for independence.

The arguments of Hancock and Adams for a declaration of independence finally prevailed as being necessary in order to secure aid from other European nations like France and Holland. A committee consisting of John Adams, Benjamin Franklin, Roger Sherman, Robert Livingston and Thomas Jefferson was appointed to prepare a declaration of independence.  The committee assigned the task of writing the document to Thomas Jefferson.

Near the end of his life, Jefferson, responding to a controversy seemingly originating with John Adams concerning the originality of the ideas expressed in the Declaration of Independence explained his purpose in drafting the document.

“This was the object of the Declaration of Independence. Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion.”
~Thomas Jefferson, letter to Richard Henry Lee, May 8, 1825

There can be no doubt that he succeeded in his mission, for in the two-hundred words of the second paragraph he encapsulates, not only an “expression of the American mind” but an expression of its heart and spirit as well.

“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, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

The ideals expressed in these words not only provides the justification for America’s independence and sovereignty, but the principles on which the Constitution and the Bill of Rights are based.  From these ideals the most prosperous nation in history was established and has endured for over two-hundred years.

Throughout its history, America has been a haven of liberty for the oppressed throughout the world.  During the last half of the twentieth century, the principles established in the Declaration of Independence has been increasingly ignored.  With the election of Barack Obama to the office of President and the sharp turn away from the principles of liberty and the rule of law to the principles of statism and autocracy, the traditional role and character of America as the last bastion of liberty and prosperity is under the threat of extinction.