Category Archives: Commentary on Government Powers

Nullification Deniers! This Is What James Madison Really Said

By: Publius Huldah

This is The Age of Ignorance. Our “intellectuals” can’t think. Our “scholars” parrot each other. The self-educated fixate on idiotic theories. Our People despise Truth and disseminate lies.

Nullification deniers such as Matthew Spalding of Heritage Foundation, Jarrett Stepman of Human Events, law professor Randy Barnett, David Barton of Wallbuilders, and history professor Allen C. Guelzo, say that nullification by States of unconstitutional acts of the federal government is unlawful and impossible. They make the demonstrably false assertions that:

• States don’t have the right to nullify unconstitutional acts of the federal government because our Constitution doesn’t say they can do it;
• Nullification is literally impossible;
• The supreme Court is the final authority on what is constitutional and what is not; and The States and The People must submit to whatever the supreme Court says; and
• James Madison, Father of Our Constitution, opposed nullification.

Their assertions contradict our Declaration of Independence, The Federalist Papers, our federal Constitution, and what James Madison, Thomas Jefferson, and Alexander Hamilton really said.

What are the Two Conditions Precedent for Nullification?

The deniers seem unaware of the two conditions our Framers saw must be present before nullification is proper and possible. These conditions are important – you will see why!:

• The act of the federal government must be unconstitutional – usually a usurpation of a power not delegated to the federal government in the Constitution; and
• The act must be something The States or The People can “nullify” – i.e., refuse to obey: the act must order them to do something or not do something.

What is “Interposition” and What is “Nullification”?

A State “interposes” when it stands between the federal government and The Citizens of the State in order to protect them from the federal government. Interposition takes various forms, depending on the circumstances. Hamilton refers to interposition in Federalist No. 33 (5th para):

“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 [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [emphasis mine]

“Nullification” is one form of interposition. Now! Here are three highly relevant illustrations:

When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.

When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.

When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.

 

Our Founding Principles in a Nutshell

In order to understand The Right of Nullification, one must also learn the Founding Principles set forth in The Declaration of Independence (2nd para). Then one can see that “when powers are assumed which have not been delegated, a nullification of the act” [1] is “the natural right, which all admit to be a remedy against insupportable oppression.” [2] These Principles are:

1. Rights come from God;
2. People create governments;
3. The purpose of government is to secure the rights God gave us; and
4. When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.

Let us look briefly at these Principles:

1. Our Declaration of Independence (2nd para) recognizes that God is the grantor of Rights. So Rights don’t come from the Constitution, the supreme Court or the federal government.

2. The Preamble to our Constitution shows that WE THE PEOPLE created the federal government. It is our “creature”. Alexander Hamilton says this in Federalist Paper No. 33 (5th para); and Thomas Jefferson, in his draft of The Kentucky Resolutions of 1798 (8th Resolution). As our “creature,” it may lawfully do only what WE authorized it to do in our Constitution.

We created a “federal” government: An alliance of Sovereign States [3] associated in a “federation” with a national government to which is delegated supremacy over the States in few and defined areas only. James Madison says in Federalist No. 45 (9th para):

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 … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” [boldface mine]

Do you see? We delegated only “few and defined” powers to the federal government. These are the “enumerated powers” listed in the Constitution. [4]

These enumerated powers concern:

• Military defense, international commerce & relations;
• Control of immigration and naturalization of new citizens;
• Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
• With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).

It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.

3. Our Constitution authorizes the federal government to secure our God-given Rights in the following ways: [5]

It is to secure our rights to life and liberty by:

• Military defense (Art. I, Sec. 8, cl. 11-16);
• Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10);
• Protecting us from invasion (Art IV, Sec. 4);
• Prosecuting traitors (Art III, Sec. 3); and
• Restrictive immigration policies (Art. I, Sec. 9, cl. 1).

It is to secure our property rights by:

• Regulating trade & commerce, so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling.
• Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft!
• Punishing counterfeiters (Art I, Sec. 8, cl. 6);
• Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and
• Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)

It is to secure our right to liberty by:

• Laws against slavery (13th Amendment);
• Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and
• Obeying the Constitution!

This is how our federal Constitution implements The Founding Principle that the purpose of government is to secure the rights God gave us.

4. The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:

Thomas Jefferson said:

“… but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [6] [boldface mine]

James Madison commented on the above:

“… the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression…” [7]

Alexander Hamilton says in Federalist No. 28 (5th para from end):

“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success …” [boldface mine]

Hamilton then shows how The States can reign in a usurping federal government:

“…the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority…”

Do you see?

But the nullification deniers do not see because, in addition to their apparent unfamiliarity with the original source writings on nullification (as well as The Federalist Papers), they reject, or do not understand, the Founding Principle that Rights pre-date & pre-exist the Constitution and come from God. Nullification is not a paltry “constitutional right”! It has a hallowed status – it is that natural right of self-defense which pre-dates & pre-exists the Constitution.

Now, let us look at the false assertions made by the nullification deniers.

False Assertion 1:
That States can’t nullify unconstitutional acts of the federal government because the Constitution doesn’t say they can do it.

1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!

2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power. The 10th Amendment 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.”

Nothing in the federal Constitution prohibits The States from nullifying unconstitutional acts of the federal government. Thus, nullification is a reserved power of the States & The People.

3. We saw where Madison says in Federalist No. 45 that the powers delegated to the federal government are “few and defined,” and all other powers are “reserved to the several States.”

Thus, it is the federal government which is supposed to look to the Constitution for the list of “enumerated powers” We The People delegated to it.

The States don’t go to the Constitution to look for permission because they retain all powers they didn’t exclusively [8] delegate to the federal government, or prohibit by Art. I, Sec. 10.

The nullification deniers have it backwards: They permit the federal government to ignore the “enumerated powers” limitations set forth in the Constitution; but insist The States can’t do anything unless the Constitution specifically says they can!

Do you see how they pervert Our Constitution?

False Assertion 2:
That Nullification is literally impossible.

We saw above the two conditions which must exist before nullification is proper and possible:

• The act of the federal government must be unconstitutional, and
• The act must be something The People or The States can refuse to obey.

Here are examples of unconstitutional federal acts the States can and should nullify:

The Constitution does not delegate to the federal government power to ban Christianity from the public square. But in 1962, the Supreme Court first ordered The States to stop prayers in the public schools. That Court next banned the Ten Commandments from the public schools. Since those orders were usurpations of powers not lawfully possessed by the Court, the States should have nullified them by directing their School Boards to ignore them.

If Congress by “law,” or the President by “executive order,” orders The People to turn in our guns, We must refuse to comply. The Constitution doesn’t authorize the federal government to disarm us. So, The States and The People must nullify such law or order by refusing to obey.

Here are examples of unconstitutional & unjust State laws Martin Luther King nullified:

The Jim Crow laws required black people to sit at the back of the bus, and prohibited them from eating in public places and using public restrooms, water fountains, park benches, etc. Using non-violent civil disobedience, MLK led black people to refuse to obey these unjust and unconstitutional (Sec. 1, 14th Amdt.) laws. This was nullification by brave Citizens!

Now, I’ll show you unconstitutional acts which couldn’t be nullified because they weren’t directed to anything The States or The People could refuse to obey:

In 1798, Thomas Jefferson wrote The Kentucky Resolutions, and James Madison wrote The Virginia Resolutions. These Resolutions objected to laws made by Congress which purported to grant to the President dictatorial powers over aliens and seditious words.

Kentucky and Virginia could object, but they couldn’t prevent the President from enforcing the alien & sedition acts, because the President had the raw power to send out thugs to arrest aliens or people who had spoken or written “seditious” words; and then to persecute them.

So Jefferson and Madison showed why the alien & sedition acts were unconstitutional, protested them, and asked other States to join the protest.

Now! Note Well: Randy Barnett, law professor, and other deniers crow that the Virginia and Kentucky Resolutions prove there is no “literal power” of nullification in the States.

But Barnett should know better because he is a lawyer. Every litigation attorney knows this: At a motion hearing before the judge, opposing counsel whips out a court opinion which he cites as authority for a legal point. He gives the judge a highlighted copy and gives you (opposing counsel) an un-highlighted copy. While he is making his argument to the judge, you must listen to what he is saying, and at the same time, read the opinion and develop an argument which “distinguishes” the opinion opposing counsel is using from the case at bar. When opposing counsel finishes, the judge looks at you and says, “And how do you respond?” You must be ready with your argument right then.

Are we to believe that Randy Barnett, law professor, sitting in his ivory tower and under no pressure, is unable to distinguish between situations where a State does have a “literal power” to nullify an unconstitutional act of the federal government [when it orders The State or The People to do – or not do – something]; and when The State does not have a “literal power” to nullify the act [because, as with the alien & sedition acts, it does not dictate something The States or The People can refuse to obey]?

False Assertion 3:
That the Supreme Court is the final authority on what is constitutional and what is not; and The States and The People must submit to whatever the Supreme Court says.
The federal government has become a tyranny which acts without constitutional authority.

This came about because we were lured away from The Founding Principle that the purpose of government is to secure the Rights God gave us; and were seduced into believing government should provide for our needs and protect us from the challenges of Life.

Progressives of the early 1900s [9] transformed the federal government into the Frankensteinian monster it is today. They imposed the regulatory welfare state where the federal government regulates business and commerce, natural resources, human resources, and benefits some people [e.g., welfare parasites, labor unions & obama donors] at the expense of others.

The Progressives claimed the power to determine what is in the “public interest” and have the federal government implement their notions of what advances the “public interest.”

Under the Progressives, the federal government was no longer limited by the enumerated powers delegated in the Constitution; but would follow the “will of the people” as expressed by their representatives in the federal government. In other words, the Progressives gave the federal government a blank check to fill out anyway they want. People in the federal government now claim power to do whatever they want to us.

The federal government imposed by the Progressives is evil:

• In order to provide benefits to some; the federal government violates the God-given property rights of others. The federal government robs Peter to pay Paul.
• In order to protect us from the challenges of life (including made up problems such as “global warming” and “lack of medical insurance”), the federal government violates everyone’s God-given rights to Liberty.

And thus today, the federal government:

• Usurps powers not delegated to it in the Constitution. Most of what it does is unconstitutional as outside the enumerated powers delegated in our Constitution.
• Has become an instrument of oppression, injustice, and immorality.
• Has taken away most of our God given rights, and is now conniving to take away our God given right to self-defense.

Now you know how the federal government was transformed from being the securer of our God given rights to a tyranny which oppresses some of the people for the benefit of others; and takes everyone’s Liberty away – except for those in the ruling class.

So! What do We do? What can We do?

The nullification deniers insist We must obey whatever Congress and the President dictate unless five (5) judges on the Supreme Court say We don’t have to. They say the supreme Court is the final authority on what is constitutional and what is not.

But think: Who created the federal government?

We did! It is our “creature.” Is the “creature” to dictate to the creator”?

The nullification deniers say, “Yes!” They say that:

• Every law made by Congress [the Legislative Branch of the federal government] is “supreme;” and
• Every executive order issued by the President [the Executive Branch of the federal government] is binding; and
• The States and The People must obey, unless and until five (5) judges on the Supreme Court [the Judicial Branch of the federal government] say the law or executive order is unconstitutional.

In other words, only the federal government may question the federal government.

Under their vision, the federal government WE created with the Constitution is the exclusive and final judge of the extent of the powers WE delegated to it; and the opinion of five (5) judges, not the Constitution, is the sole measure of its powers.

Jarrett Stepman regurgitates the statist lie that “the ultimate decision maker in terms of America’s political system is the Supreme Court.”

Randy Barnett, law professor, chants the statist refrain, “…What has the Supreme Court said and meant? and … Are there now five justices to sustain the claim?”

Barnett selects two paragraphs from Madison’s Report on the Virginia Resolutions (1799-1800), (which address the alien & sedition acts), and claims they show Madison “expressly denies, or at minimum equivocates about whether, there is a literal power of nullification in states.”

Well, We saw above that States couldn’t nullify the alien & sedition acts because they purported to grant dictatorial powers to the President; and did not require The States or The People to do – or not do – something.

And the two paragraphs Barnett claims are so “telling” as to The States’ lack of “literal power” to nullify anything, and as to the ultimate authority of the Judicial Branch, appear under Madison’s discussion of the last two Resolutions where Virginia had asked other States to join the protest. Madison merely says the citizens and legislature of Virginia have the right to communicate with other States; and in so doing, they are not exercising a judicial function.

Now! Note Well: Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:

“It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, 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. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. 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; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]

A bit further down, Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:

…If the deliberate exercise, of dangerous power, palpably withheld by the Consti-tution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]

A bit further down, Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort.”

Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.

Madison also says that the Judicial Branch is as likely to usurp as are the other two Branches. Thus, The Sovereign States, as The Parties to the Constitution, have as much right to judge the usurpations of the Judicial Branch as they do the Legislative and Executive Branches:

“…the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution; and, consequently, that the ultimate right of the parties to the Constitution, to judge whether the compact has been dangerously violated, must extend to violations by one delegated authority as well as by another — by the judiciary as well as by the executive, or the legislature.”

Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator. And if the Judicial Branch connives with other Branches in usurping powers, our Constitution will be destroyed. So the Judicial Branch does not have final say as:

“…to the rights of the parties to the constitutional compact, from which the judicial as well as the other department hold their delegated trusts. On any other hypothesis, the delegation of judicial power, would annul the authority delegating it; [10] and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution, which all were instituted to preserve.”

Shame on you nullification deniers who misrepresent what Madison said, or ignorantly insist that Madison said the Judicial Branch is the Final Authority!

False Assertion 4:
That James Madison opposed Nullification by States of Unconstitutional Acts of the Federal Government.

Matthew Spalding (Heritage Foundation) and David Barton (Wallbuilders) cite South Carolina’s Nullification Crisis of 1832 as “proof” that James Madison “vehemently opposed” nullification.

What Spalding and Barton say is not true. Did they read what Madison wrote on S. Carolina’s doctrine of nullification? Are they so lacking in critical thinking skills that they can’t make the distinction between the nullification doctrine Madison (and Jefferson & Hamilton) embraced, and the peculiar doctrine of nullification advanced by S. Carolina?

We saw in Madison’s Report on the Virginia Resolutions (1799-1800) that in a proper case, “interposing even so far as to arrest the progress of the evil” is essential “to preserve the Constitution itself as well as to provide for the safety of the parties to it.”

And we saw above that the condition which must be present before nullification is proper, is that the act of the federal government must be unconstitutional.

Now, let’s look at The Tariff Act of 1828 and the S. Carolina Nullification Crisis:

South Carolina was an agricultural state. During the 1820’s, they bought manufactured goods from England. England bought cotton produced by S. Carolina and other Southern States.

However, “infant industries” in the Northeast were producing some of the same manufactured goods as England; but they were more expensive than the English imports. So they couldn’t compete with the cheaper imports.

So! In 1828, Congress imposed a high tariff on the English imports. The Southern States called this the “tariff of abominations,” because the tariff made the English goods too expensive to buy; and since the Southern States stopped buying English goods, the English stopped buying Southern cotton. The Southern States had to pay more for manufactured goods, they lost the major buyer of their cotton; and their economy was weakened.

Now! Note Well: Our Constitution delegates specific authority to Congress to impose tariffs on imports, and the tariff must be the same in each State (Art. I, Sec. 8, cl. 1).

Thus, the Tariff Act of 1828 was constitutional! [11]

So! Can you, dear Reader, see something which Matthew Spalding, Ph.D., and David Barton are unable to see? South Carolina wanted to nullify a constitutional law! Of course, Madison opposed S. Carolina’s peculiar doctrine of nullification! Madison (and Jefferson & Hamilton) always said the act nullified must be unconstitutional!

In his Notes on Nullification (1834), [12] Madison addressed S. Carolina’s peculiar doctrine. He said that in the Report of a special committee of the House of Representatives of South Carolina in 1828, a doctrine of nullification was set forth which asserted that:

• A State has a “constitutional right” to nullify any federal law; and
• The nullification is presumed valid, and is to remain in force, unless ¾ of the States, in a Convention, say the nullification isn’t valid.

What Madison opposed was the particular doctrine of nullification set forth by S. Carolina; and what Madison actually said about the S. Carolina doctrine is this:

• The federal government has delegated authority to impose import tariffs;
• The Constitution requires that all import tariffs be uniform throughout the United States;
• States can’t nullify tariffs which are authorized by the Constitution;
• ¼ of the States don’t have the right to dictate to ¾ of the States on matters within the powers delegated to the federal government;
• Nullification is not a “constitutional right.”

And near the end of his Notes, Madison quoted with approval Thomas Jefferson’s statement:

…but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…

Madison then says:

“Thus the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression.” [emphasis mine]

Do you see? Madison is saying that:

• S. Carolina couldn’t nullify the Tariff Act of 1828 because the Act was constitutional.
• Nullification is a “natural right” – it is not a “constitutional” right. Rights don’t come from the Constitution.
All agree that when the federal government acts outside of the Constitution, nullification by the States is the proper remedy.

Application Today

When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.

Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders. These dictates are outside the compact The Sovereign States made with each other – WE never gave our creature power over these objects.

As Jefferson and Madison said, without Nullification, The States and The People would be under the absolute and unlimited control of the federal government.

And that, dear Reader, is where these nullification deniers, with their false assertions and shameful misrepresentations, would put you.

To sum this up:

• Nullification is a natural right of self-defense.
• Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para).
• Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it.
• God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution.
Nullification is required by Oath of Office: Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.

Conclusion

Our Founders and Framers were a different People than we of today. They were manly men who knew statecraft & political philosophy and could think. But our “experts” of today have been indoctrinated with statism and can’t think. They just repeat what they hear. We need them to man up, throw off the indoctrination, learn our Founding Documents including The Federalist Papers, get a Logic Book, and stop disseminating misinformation! We need them to repudiate cowardice as the proper response to the evil which is overtaking our Land. Man up, People! PH

Endnotes:

[1] Thomas Jefferson, The Kentucky Resolutions of 1798, 8th Resolution.

[2] James Madison, Notes on Nullification (1835). The quote is near the end. Use “find” function.

[3] The deniers seem unaware that The States retained sovereignty in all matters not exclusively delegated to the federal government. Alexander Hamilton says in Federalist No. 32 (2nd para):

“An entire consolidation of the States into one complete national sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will. But as the plan of the convention [the Constitution] aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not … EXCLUSIVELY delegated to the United States…” [caps are Hamilton’s; boldface mine]

Federalist No. 62 (5th para):

“…the equal vote allowed to each State [each State gets two U.S. Senators] is …a constitutional recognition of the portion of sovereignty remaining in the individual States and an instrument for preserving that residuary sovereignty… [in order to guard] … against an improper consolidation of the States into one simple republic.” (Madison or Hamilton) [boldface mine]

See also Federalist No. 39 (Madison) (6th para, et seq.)

In Madison’s Report on The Virginia Resolutions (1799-1800), he several times refers, in his discussion of the 3rd Resolution, to the States acting “in their sovereign capacity” when, as “the parties to the constitutional compact” they decide “in the last resort, whether the compact made by them be violated”:

“…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; and consequently, that, as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition….” [boldface mine]

[4] Contrary to the misconstructions long and unlawfully applied by the federal government, the federal Constitution is one of enumerated powers only. e.g.:

“…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 sovereignity over all other objects…” (Federalist No. 39, 3rd para from end) (Madison) [boldface mine]

“…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) (Madison) [boldface mine]

“…It merits particular attention … that the laws of the Confederacy [Congress], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land…Thus the legislatures, courts, and magistrates, of the respective members [the States], will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS…” [caps are Hamilton’s] (Federalist No. 27, last para)

[5] Our Constitution authorizes the federal government to secure our God-given rights in the ways appropriate for the national government of a Federation. The States secure them in other ways.

[6] The Kentucky Resolutions of 1798, 8th Resolution.

[7] Madison’s Notes on Nullification (1834). The quote is near the end. Use “find” function.

[8] This explains the limited “exclusive jurisdiction” of the federal government, and the areas where the federal government and The States have “concurrent jurisdiction.”

[9] Teddy Roosevelt ran on the Progressive Platform of 1912. Both major parties have been dominated by progressives ever since.

[10] Hamilton says, respecting the Legislative Branch (Federalist No. 78, 10th para):

“…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” [emphasis mine]

[11] The Tariff Act of 1828 was constitutional; but benefited the Northeast at the expense of the South. It thus violated our Founding Principle that governments exist to secure the rights God gave us. God never gave us the right to be free of competition in business! Since the tariff was constitutional, but unjust, the remedy was to get Congress to fix it.

[12] Madison’s Notes on Nullification (1834) are long & rambling. Copy to Word, enlarge the type, & color-code to sort out the strands of arguments. Keep in mind that what Madison is addressing is S. Carolina’s peculiar doctrine where they wanted to nullify a constitutional tariff! PH

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If We Only Had a Constitution

United_States_ConstitutionWe are learning today what it is like to live in a Democracy without a Constitution; and it is not pretty. No Democracy has ever lasted more than two hundred years before falling into chaos to be replaced by a tyrannical oligarchy headed by a “strong man” dictator. We have lasted a little longer only because of the lingering influence of the Constitution we once had. In a non-constitutional Democracy, or in our case, a post-constitutional Democracy, politicians have to give the majority of the people whatever they perceive it wants in order to hold onto power. This arrangement only lasts until the government has grown powerful enough that it no longer needs the approval of the people to stay in power. At that point, messy elections can be dispensed with, and the newly minted “leader” can rule by fiat until the next successful revolution.

Imagine how different things would be today if we had not abandoned our Constitution. We would not be sixteen trillion dollars in debt because the government would only be allowed to spend money for things the Constitution delegated as its responsibility. We would not be spending four million dollars to send our President on a Hawaiian holiday, because all expenditures would have to be first appropriated by the House of Representatives, and approved by the Senate for that particular purpose, with an accounting made to Congress and the people. The President would not be allowed to issue “Executive Orders” with the force of law, affecting the every day lives of the American people.

Federal laws would only be made by the federal legislature. Courts would not be making laws telling us how and when we can pray, or how we should educate our children.  Bureaucracies would not be issuing “rules” to tell us what kind of light bulb we should use, what kind of transportation we should buy, or what we should eat or drink and how much. Bureaucratic activity would be only what is needed to administer the specific laws written by Congress. Those bureaucracies and departments not established under the delegated powers of Congress would not exist. Our doctors would not have to consult with government to know how to treat our illnesses. Business failure or success would not be dependent on favorable laws by government; the market would determine what goods and services were needed and how much we were willing to pay for them.

We would have more control over the laws governing how we live because they would be made by our state and local legislative bodies whose members are within easy reach and more sensitive to our wishes. Laws passed would be more in keeping with the values of the community, not the values of politicians who had never set foot in our state, much less our community. We would not be working forty percent of our lives to supply the government with money used to buy the votes of its government-created dependents. Our tax burden would only be what is needed to carry out the delegated powers of government. Our schools would not be used to indoctrinate our children in statism and immorality, because they would be under our control and community supervision. Our teachers would consider their jobs a “calling” not a career and would teach for the love of teaching and not for fringe benefits.

Ah, for the good-old-days when America was ruled by law and not the whims of men; and those laws could be written in a few paragraphs easily understandable by the average person with a workable knowledge of the language and a good dictionary; when all laws flowed from the Supreme Law of the Land and not from the desire of “do-gooders” who believe that we all should live in a two-tier society made up of the ruling elites and the worker drones who subsist on the largess of government. Is it possible that liberty, once lost, can ever be regained? Let us pray that it can.

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

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

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

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

I

The Origin of Rights and the Purpose of Civil Government

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

The key is the 2nd paragraph, which begins:

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

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

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

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

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

II

Political Power is from The People!

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

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

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

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

III

Federalism & Enumerated Powers

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

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

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

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

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

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

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

Domestically:

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

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

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

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

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

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

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

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

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

IV

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

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

How the God-given Right to Life is Secured:

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

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

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

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

Securing the God-given Right to Property:

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

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

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

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

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

Securing the God-given Right to Liberty:

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

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

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

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

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

Securing the God-given right to a Fair Trial:

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

Outlawing the Hereditary Class System:

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

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

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

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

V

What Happened?

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

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

And we were seduced into believing that civil government should

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

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

VI

A Government which Provides to Some, must Take from Others

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

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

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

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

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

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

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

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

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

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

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

VII

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

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

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

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

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

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

VIII

The Progressives and the Regulatory Federal Government

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

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

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

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

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

The Federal Reserve Act was passed in 1913.

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

Federal funding for maternity and child care started.

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

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

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

IX

Man-made “Anti-rights”

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

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

What’s wrong with all these “rights”?

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

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

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

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

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

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

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

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

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

X

What Should We Do?

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

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

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

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

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

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

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

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

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

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

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

Endnotes:

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

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

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

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

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

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

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

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

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

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

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

By Publius Huldah.

We have been visited recently with several very silly articles which assert that Marco Rubio is a “natural born Citizen” within the meaning of Art. II, §1, cl. 5, U.S. Constitution (ratified 1789), and hence is qualified to be President:

Bret Baier (Fox News) asserts that Congress may define (and presumably redefine, from time to time) terms in the Constitution by means of law.

Chet Arthur in American Thinker quips that “the original meaning of ‘natural born citizen’” is determined by reference to “The Heritage Guide to the Constitution” and to the definition of “citizen” at Sec. 1 of the 14th Amendment, ratified 1868.

Human Events claims that anyone  born within The United States is a “natural born citizen” eligible to be President.

Jake Walker at Red State purports to show how the term has been used from 1795 to the present.  After quoting James Madison on the citizenship requirements imposed by Art. I, §2, cl. 2, to be a member of the House, Walker gleefully quotes a 1795 discussion of “natural born subject” to “prove” that anyone born here is a “natural born citizen”:

“It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born. Allegiance is defined to be a tie, that binds the subject to the state, and in consequence of his obedience, he is entitled to protection…” [emphasis mine]

“The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.” [emphasis mine]

But “subjects” are not “citizens”; and we fought a war so that we could be transformed fromsubjects of the British Crownto Citizens of a Republic!

The four writers don’t know what they are talking about.  But I will tell you the Truth and prove it. We first address Word Definitions.

Word Definitions:

Like clouds, word meanings change throughout time.  “Awful” once meant “full of wonder and reverence”; “cute” meant “bowlegged”; “gay” meant “jovial”; and “nice” meant “precise”.

Accordingly, if someone from an earlier time wrote of a “cute gay man”, he was not referring to an adorable homosexual, but to a cheerful bowlegged man.

So!  In order to understand the genuine meaning of a text, we must use the definitions the authors used when they wrote it.  Otherwise, written texts become as shifting and impermanent as the clouds – blown hither and yon throughout the years by those who unthinkingly read in their own uninformed understandings, or deliberately pervert the text to further their own agenda.

So!  Is Our Constitution built on the Rock of Fixed Definitions – those our Framers used?  Or are its Words mere clouds to be blown about by Acts of Congress, whims of federal judges, and the idiotic notions of every ignoramus who writes about it?

What Did Our Framers mean by “natural born Citizen”?

Article II, §1, cl. 5, U.S. Constitution, requires the President to be a “natural born Citizen”.

The meaning of this term is not set forth in The Constitution or in The Federalist Papers; and I found no discussion of the meaning in Madison’s Journal of the Federal Convention or in Alexander Hamilton’s notes of the same.

What does this tell us? That they all knew what it meant. We don’t go around defining “pizza”, because every American over the age of four knows what a pizza is.

Our Framers had no need to define “natural born Citizen” in the Constitution, because by the time of the Federal Convention of 1787, a formal definition of the term consistent with the new republican principles1 already existed in Emer Vattel’s classic, Law of Nations.

And we know that our Framers carefully studied and relied upon Vattel’s work.  I’ll prove it.

How Vattel’s Law of Nations got to the Colonies, and its Influence Here:

During 1775, Charles Dumas, an ardent republican [as opposed to a monarchist] living in Europe sent three copies of Vattel’s Law of Nations to Benjamin Franklin. Here is a portion of Franklin’s letter of Dec. 9, 1775 thanking Dumas for the books:

“… I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author…” (2nd para) [boldface added]

Vattel’s Law of Nations was thereafter “pounced upon by studious members of Congress, groping their way without the light of precedents.”

Years later, Albert de Lapradelle wrote an introduction to the 1916 ed. of Law of Nations published by the Carnegie Endowment.2 Lapradelle said the fathers of independence “were in accord with the ideas of Vattel”; they found in Vattel “all their maxims of political liberty”; and:

“From 1776 to 1783, the more the United States progressed, the greater became Vattel’s influence.  In 1780 his Law of Nations was a classic, a text book in the universities.”(page xxx) [emphasis added]

In footnote 1 on the same page (xxx), Lapradelle writes:

“… Another copy was presented by Franklin to the Library Company of Philadelphia. Among the records of its Directors is the following minute: “Oct. 10, 1775. Monsieur Dumas having presented the Library with a very late edition of Vattel’s Law of Nature and Nations (in French), the Board direct the secretary to return that gentle-man their thanks.” This copy undoubtedly was used by the members of the Second Continental Congress, which sat in Philadelphia; by the leading men who directed the policy of the United Colonies until the end of the war; and, later, by the men who sat in the Convention of 1787 and drew up the Constitution of the United States, for the library was located in Carpenters’ Hall, where the First Congress deliberated, and within a stone’s throw of the Colonial State House of Pennsylvania, where the Second Congress met, and likewise near where the Constitution was framed …” [emphasis added]

So!  Vattel’s work was “continually in the hands” of Congress in 1775; Members of the Continental Congress “pounced” on Vattel’s work; our Founders used the republican Principles in Vattel’s work to justify our Revolution against a monarchy; by 1780, Vattel’s work was a “classic” taught in our universities; and our Framers used it at the Federal Convention of 1787. 3

Vattel on “natural born citizens”, “inhabitants”, and “naturalized citizens”:

From our beginning, we were subjects of the British Crown. With the War for Independence, we became citizens.1 [READ this footnote!] We needed new concepts to fit our new status as citizens.  Vattel provided these new republican concepts of “citizenship”. The gist of what Vattel says in Law of Nations, Book I, Ch. XIX, at §§ 212-217, is this:

§ 212: Natural-born citizens are those born in the country of parents who are citizens – it is necessary that they be born of a father who is a citizen. If a person is born there of a foreigner, it will be only the place of his birth, and not his country.

§ 213:  Inhabitants, as distinguished from citizens, are foreigners who are permitted to stay in the country. They are subject to the laws of the country while they reside in it. But they do not participate in all the rights of citizens – they enjoy only the advantages which the law or custom gives them. Their children follow the condition of their fathers – they too are inhabitants.

§ 214: A country may grant to a foreigner the quality of citizen – this is naturalization.  In some countries, the sovereign cannot grant to a foreigner all the rights of citizens, such as that of holding public office – this is a regulation of the fundamental law.  And in England, merely being born in the country naturalizes the children of a foreigner.

§§ 215, 216 & 217: Children born of citizens in a foreign country, at sea, or while overseas in the service of their country, are “citizens”. By the law of nature alone, children follow the condition of their fathers; the place of birth produces no change in this particular.

Do you see?  The republican concept of “natural born citizenship” is radically different from the feudal notion of “natural born subjectship.” Under feudalism, merely being born in the domains of the King made one – by birth – a “natural born subject”.  But in Vattel’s Model and Our Constitutional Republic, Citizens are “natural born” only if they are born of Citizens.

How Our Framers applied Vattel’s Concept of “natural born citizen” in Our Constitution:

The Federal Convention was in session from May 14, through September 17, 1787.  John Jay, who had been a member of the Continental Congress [where they “pounced” on Vattel], sent this letter of July 25, 1787, to George Washington, who presided over the Convention:

“…Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of foreigners into the administration of our national government and to declare expressly that the Command in Chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen…”4

According, Art. II, §1, cl. 5 was drafted to read:

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” [boldface added]

In § 214, Vattel states that “fundamental law” may withhold from naturalized citizens some of the rights of citizens, such as holding public office. The Constitution is our “fundamental law”; and, following Vattel, Art. II, §1, cl. 5 withholds from naturalized citizens (except for our Founding Generation which was “grandfathered in”) the right to hold the office of President.5

Remember! None of our early Presidents were “natural born Citizens”, even though they were all born here. They were all born as subjects of the British Crown. They became naturalized citizens with the Declaration of Independence. That is why it was necessary to provide a grandfather clause for them. But after our Founding Generation was gone, their successors were required to be born as citizens of the United States – not merely born here (as were our Founders), but born as citizens.

And do not forget that the children born here of slaves did not become “citizens” by virtue of being born here. Their parents were slaves; hence (succeeding to the condition of their parents) they were born as slaves. Black people born here did not become citizens until 1868 and the ratification of the 14th Amendment.

So!  Do you see?  If Our Framers understood that merely being born here were sufficient to confer status as a “natural born citizen”; it would not have been necessary to grandfather in our first generation of Presidents; and all the slaves born here would have been “natural born citizens”. But they were born as non-citizen slaves, because their parents were non-citizen slaves.

David Ramsay’s 1789 Dissertation on Citizenship:

David Ramsay was an historian, Founding Father, and member of the Continental Congress  [REMEMBER: This is where they “pounced” on Vattel], whose Dissertation On The Manner Of Acquiring The Character And Privileges Of A Citizen Of The United States was published in 1789, just after ratification of our Constitution and the Year the new Government began.

It is an interesting dissertation and only 8 pages long. At the bottom of his page 6, Ramsay states:

“The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776.” [modernized spelling & emphasis are mine]

Do you see?  Ramsay’s Dissertation sets forth the understanding of the Time, formally stated by Vattel and incorporated by our Framers, that a “natural born Citizen” is one who is born of citizens.  And we had no “citizens” until July 4, 1776.

Now, let us look at the First Congress.

How the First Congress followed Vattel and our Framers:

Article I, §8, cl. 4 delegates to Congress the power “To establish an uniform Rule of Naturalization”.6 Pursuant to that power, the First Congress passed the Naturalization Act of 1790.  Here is the text, which you can find at 1 Stat. at Large, 103:

“SECTION1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States.   And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States … APPROVED, March 26, 1790.” 7

So!  This Act of the First Congress implements the Principles set forth in Vattel, embraced by our Framers, and enshrined in Art. II, §1, cl. 5, that:

  • A “natural born Citizen” is one who is born of parents who are citizens.
  • Minor children born here of aliens do not become citizens until their parents are naturalized. Thus, they are not “natural born” citizens.

Our Framers rejected the anti-republican and feudal notion that mere location of birth within a Country naturalizes the children of a foreigner. 8

The distinction written into Our Constitution and implemented by the Naturalization Act of 1790 is between someone who is born a citizen, by being born of parents who are already Citizens, and someone who becomes a citizen after birth by naturalization. Only the former are eligible to be President.

 So!  Original Intent?  Or Whatever the People with the Power want it to Mean?

I have proved the original intent of “natural born Citizen” at Art. II, §1, cl. 5 – it is one who is born of parents who are citizens. We may not lawfully change that definition except by Amendment to the Constitution.  Section 1 of the 14th Amendment does not change the definition because the 14th Amendment defines “citizens” of the United States (which includes naturalized citizens) and not “natural born Citizen”.

Some Democrats no longer pretend that the glib, handsome & black Obama (who, following the condition of his putative father, was born a subject of the British Crown) is “a natural born Citizen”. They now assert that the Democrat Party has the right to nominate whoever they choose to run for president, including someone who is not qualified for the office. [See pages 3 & 4 of the linked Court Order.]

The school-girlish Establishment Republicans who swoon over the glib, handsome & Hispanic Marco Rubio (who is not a “natural born Citizen”, but only a naturalized citizen) will ultimately destroy our sovereignity. Once we accept that our President need not be a “natural born Citizen”, we will have made a major step towards submission to global government. Because then, anybody can be President. PH.

Endnotes:

1 Monarchies have subjects. Republics are formed by citizens.  We broke from a monarchy under which we were subjects; and with our War for Independence, were transformed into citizens!

The common law of England recognizes only subjects of the Crown. England has never had citizens.  Her feudal doctrine of “natural born subjects” is set forth in Book I, Ch. 10, of Blackstone’s Commentaries on the Laws of England (I modernized the spelling):

“THE first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the … allegiance of the king; and aliens, such as are born out of it.  Allegiance is the tie … which binds the subject to the king …” [emphasis mine]

Under feudalism, people are possessions who belong to the Land in which they were born. So they are “naturally” subject to whoever owns the Land. They were born as subjects to the owner of the land [ultimately, the King] on which they were born.

With our War for Independence, We repudiated the notion of natural born subjects.  As Citizens, We ordained and established Our Constitution wherein We created a federal government which was subject to us!

Jake Walker doesn’t seem to know the difference between being “a subject of a King” and “a citizen of a Republic”, as he equates the feudal concept of “natural born subject” with the Republican concept of “natural born Citizen”.

Chet Arthur and Human Events tell us the “original intent” of “natural born Citizen” at Art. II, §1, cl. 5 is given by an Amendment defining “citizen” [not “natural born citizen”] ratified 80 years later!

And Bret Baier seems unaware that the methods for amending the Constitution are set forth in Article V; and that Congress may not amend the Constitution by making a law which redefines terms set forth in the Constitution!

These four amateurs would do well to study Birthright Citizenship and Dual Citizenship: Harbingers of Administrative Tyranny, by Professor Edward J. Erler. Erler addresses the distinctions between “citizenship” and “subjectship”; and the concept of “citizenship” at §1 of the 14th Amendment. He proves that not everyone born here is a “citizen”: Only those whose parents are “subject to the jurisdiction of the US” are citizens. Illegal aliens are not “subject to the jurisdiction of the US” – they are invaders whose allegiance is to the Country they left.  Foreign diplomats stationed here are not “subject to the jurisdiction of the US”. Thus, children born here of these aliens are not citizens!

2 The 1916 ed. of Law of Nations with Lapradelle’s introduction is a Google digitized book. If you download it, you get an easily readable text.

3 Many thanks to my friend, David J. Edwards, who provided me with Evidence of Vattel’s profound influence on our Founders & Framers.

4 The hyperlink contains another link where you can see Jay’s handwritten letter!

5 Note that Art. I, §2, cl. 2, permits naturalized citizens to serve as Representatives; and Art. I, §3, cl. 3, permits them to serve as Senators.

6 “Naturalization” is the process, established by law, by which foreigners become citizens.

7 Note that in §§ 215, 216 & 217, Vattel says that children born of citizens in a foreign country, at sea, or while overseas in the service of their country, are “citizens”. He goes on to say that by the law of nature alone, children follow the condition of their fathers; the place of birth produces no change in this particular.  But he doesn’t expressly say they are “natural born citizens”. The italicized words at the end of the 1790 Act correct that and make it clear that children of citizens of the United States are “natural born citizens” wherever they are born.

8 The 14th Amendment doesn’t change this one whit! READ Prof. Erler’s paper, linked above.

NOTICE! To all who strain to find something I “failed to mention”: I didn’t quote Minor v. Happersett because Minor merely paraphrases, in dicta, a portion of the Naturalization Act of 1790, the text of which is set forth above.

And I didn’t show why John McCain & Mitt Romney ARE natural born Citizens; and why Marco Rubio & Obama are NOT natural born Citizens. J.B. Williams has already done an excellent job in applying the Republican Principles set forth by Vattel, and which were embraced by our Founders, Framers, and the First Congress, in his recent paper, Romney, Rubio, McCain And Natural Born Citizen. PH
More Articles by Publius Huldah

July 19, 2012

Mitt Romney’s Super Awesome Awe-Inspiring Post Health Care Ruling Speech

I will not challenge Mitt Romney’s business acumen. He has a proven track record of success. However, success in business does not necessarily translate into success in the political arena and Romney’s inability to capture the highly charged emotions rampant across the nation last week was absolutely stunning. I don’t think any of us were expecting the fiery colloquy of Ronald Reagan but Reagan’s number one asset when speaking was the conviction of his words. He believed in what he said because he wasn’t trying to play all sides. That may be good for business, not so much for restoring our government to its’ founding principles.

If you missed it last week and can stay awake through it, I’ve attached a link to Mitt Romney’s super awesome awe-inspiring post health care ruling speech and posted the transcript as well. If you want to understand why every Constitutional conservative and libertarian are in a foul mood between now and November 6, it’s worth know what we hear and do not hear when Mitt Romney speaks.

 “Repeal and replace.”   Repeal sounds great until you realize the President, on his own, has no authority to repeal a law he does not agree with, (Current President aside). He needs a majority in the house and a filibuster proof (60 vote) majority in the Senate to repeal the health care act. It will take all of 2013 and probably a good part of 2014 to pick apart this health care bill piece by piece and he knows it. Hence the lack of conviction. Replace? Replace with what? Classic progressive RINO tactic. “We’re going to get rid of that horrible bill – except for the stuff that makes us look good.” There’s very little conviction in taking a stand against a bill while simultaneously defending parts of it.

“You can choose whether you want to have a larger and larger government, more and more intrusive in your life…”   Or you can choose to have just a larger government, that’s just more intrusive in your life. Slow it down a little. The current President is moving too fast.

What we did not hear in the speech outside of, “I agree with the dissent”, was an absolute admonition of the Supreme Court’s decision. The failure of the court to decide based on the Constitution. How a President Romney would choose a Supreme Court Justice.

Back in April, when Mitt Romney was feeling threatened by Rick Santorum’s improbable run for the nomination, he actually gave a couple of truly inspiring speeches. They were clear, concise and took a hard line on everything from religious freedom to the effect the current administration is having on small businesses and the economy. And then he became the “presumptive nominee”. It’s almost like an Etch-a-Sketch. You can kinda shake it up and start all over again. Right Mitt?

http://youtu.be/sp6d3JBLiAE

 “As you might imagine, I disagree with the Supreme Court’s decision and I agree with the dissent.

What the court did not do on its last day in session, I will do on my first day if elected president of the United States. And that is I will act to repeal Obamacare.

Let’s make clear that we understand what the court did and did not do.

What the court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy.

Obamacare was bad policy yesterday. It’s bad policy today. Obamacare was bad law yesterday. It’s bad law today.

Let me tell you why I say that.

Obamacare raises taxes on the American people by approximately $500 billion. Obamacare cuts Medicare – cuts Medicare by approximately $500 billion. And even with those cuts and tax increases, Obamacare adds trillions to our deficits and to our national debt, and pushes those obligations on to coming generations.

Obamacare also means that for up to 20 million Americans, they will lose the insurance they currently have, the insurance that they like and they want to keep.

Obamacare is a job-killer. Businesses across the country have been asked what the impact is of Obamacare. Three-quarters of those surveyed by the Chamber of Commerce said Obamacare makes it less likely for them to hire people.

And perhaps most troubling of all, Obamacare puts the federal government between you and your doctor.

For all those reasons, it’s important for us to repeal and replace Obamacare.

What are some of the things that we’ll keep in place and must be in place in a reform, a real reform of our health care system?

One, we have to make sure that people who want to keep their current insurance will be able to do so. Having 20 million people – up to that number of people lose the insurance they want is simply unacceptable.

Number two, got to make sure that those people who have pre-existing conditions know that they will be able to be insured and they will not lose their insurance.

We also have to assure that we do our very best to help each state in their effort to assure that every American has access to affordable health care.

And something that Obamacare does not do that must be done in real reform is helping lower the cost of health care and health insurance. It’s becoming prohibitively expensive.

And so this is now a time for the American people to make a choice. You can choose whether you want to have a larger and larger government, more and more intrusive in your life, separating you and your doctor, whether you’re comfortable with more deficits, higher debt that we pass on to the coming generations, whether you’re willing to have the government put in place a plan that potentially causes you to lose the insurance that you like, or whether instead you want to return to a time when the American people will have their own choice in health care, where consumers will be able to make their choices as to what kind of health insurance they want.

This is a time of choice for the American people. Our mission is clear: If we want to get rid of Obamacare, we’re going to have to replace President Obama. My mission is to make sure we do exactly that: that we return to the American people the privilege they’ve always had to live their lives in the way they feel most appropriate, where we don’t pass on to coming generations massive deficits and debt, where we don’t have a setting where jobs are lost.

If we want good jobs and a bright economic future for ourselves and for our kids, we must replace Obamacare.

That is my mission, that is our work, and I’m asking the people of America to join me. If you don’t want the course that President Obama has put us on, if you want, instead, a course that the founders envisioned, then join me in this effort. Help us. Help us defeat Obamacare. Help us defeat the liberal agenda that makes government too big, too intrusive, and that’s killing jobs across this great country.

Thank you so much.”

We’re Growing!

We are expanding our presence on the Internet. This will require changes on our sites that may be confusing to some readers. We trust that our followers, subscribers, and visitors will bear with us during this transition period. Here are some of the changes we have made or will make in the near future.

This blog will revert to its original name, Illinois Conservative Beacon;
url – illinoisconservative.wordpress.com

Illinois Conservative Beacon will feature commentaries on national and local politics, as well as current events and leading news stories.

Christian Patriots USA blog has been moved to its new location at; christianpatriotsusa.wordpress.com

Christian Patriots USA will carry commentaries on the American culture, current events and trends affecting our culture, violations of the Constitution and Bill of Rights, as they infringe on our freedom of religion, speech, assembly, etc.

New posts to either blog will be cross-linked to the other one.

Our Website, Illinois Conservative.com will be shared with Christian Patriots USA. It can be accessed at either of the following urls:

Illinoisconservative.com
Christianpatriotsusa.org 
Christianpatriotsusa.com

The website contains resource materials valuable to any patriot wishing to acquire more knowledge of our founding documents, founding principles and our American heritage. Here are some examples:

On-line tutorial: Fundamentals of the American System of Government
The Constitution in Standard format.
Reference Edition of the Constitution.
Bill of Rights.
Amendments to the Constitution.
The Declaration of Independence.
Jefferson’s final draft of the Declaration of Independence.
Complete Text of Federalist Papers.
Madison’s notes on the Constitution Convention 1787
Selected Papers of Thomas Jefferson.
On Line Book: Progressivism, Philosophy of Evil
And Much More

Thank you for your continued patronage. Please adjust your bookmarks, etc. to reflect these changes.

Social Capitalism

I have struggled for two weeks to get this posting out. Even as I write, I cannot reconcile exactly where I should stand on the issue of supporting businesses that absolutely offend my sensibilities as a consumer. The genesis of this posting began when I read about all of the companies that pulled their advertising from the Rush Limbaugh Show. I am not here to defend or support what Rush Limbaugh said,  (he can do that himself), only that he has the right to say whatever he wants. What struck me as appalling was the speed and efficiency in which the left was able to mobilize to bring Rush down. We all know, or should know, the progressives have entire organizations dedicated to listening to conservative voices, waiting for the perfect moment to be offended so that they can snuff out free speech they disagree with.

I must say that I was quite awestruck by the fact that a minority of people, 20% liberal if we go by the latest Gallup survey I could find, could force companies into action despite the fact that 42% of Americans identify themselves as conservatives in that same poll. (Apparently 38% of the people have no idea what they believe in, will not take a stand and they’re called moderates.) With self-righteous indignation I was angered by the fact that companies like Carbonite and ProFlowers.com would acquiesce so quickly to such a small group of people and while I don’t have the purchasing demographics for these companies, I almost have to believe that there are more people purchasing their products and services on the recommendation from a Beck or a Limbaugh or a Levine than the left could ever muster up the support for. (Full disclosure: I tried Carbonite based on one of these recommendations – it didn’t work for me – and I give my wife a box of Sheri’s Berries, a subsidiary of Provide Service which owns ProFlowers, every year, again based on one of these recommendations.)

The original intent of this posting was to point out the fact that these 26 or 27 companies had made a choice. In the name of social Marxism, they would cave to this small but highly vocal group despite the fact that people that label themselves as conservatives are the actual majority of the population. I intended to point out the fact that they could get away with this because we, as conservatives wouldn’t do a damned thing about it. This was going to be a rallying call to all conservatives that believe in the free markets and our freedom of speech to get out there and vote with your purchasing power and call these companies up and let them know that you will not do business with a company that has zero regard for you and what you believe in. All I needed was a few days to think about the best way to articulate how we can make a real difference by supporting other businesses that care about all of their customers. We would take on the defense of our causes by employing the lefts’ tactics. Saul Alinsky would not be remembered if his tactics did not work. And then the wheels started falling off in my thinking….

I believe in capitalism. Not the crony-capitalism of the General Electric / General Motors variety, but true free market capitalism. And while I stand firm on what I’ve previously mentioned, I can’t say that I’m for using the progressive tactic of calling for boycotts every time I disagree with someone. (Note: To be fair, I just found out that some conservatives are also looking at the tactic in the research of this article.) I’m not even sure how effective boycotts are, when they’re actually implemented. Off of the top of my head I do not recall hearing of a boycott that was truly effective in hurting a business’s bottom line. But then again, it’s hard to measure the effectiveness of what a boycott can actually do when any group of fifty people can call, claim they were offended, threaten a boycott and meet their goal of suppressing freedom of speech in the name of tolerance. (Don’t spend too much time thinking about that last sentence; it’s mind numbing when you do.)

However I do believe in personal responsibility when it comes to making purchasing choices but even this has significant downside. I pride myself for the fact that I refuse to pay money to HBO because of what Bill Maher spews out about people – specifically conservative women and people of faith. He has the right to be on cable and say whatever he wants and I have the right not to support the company that supports him. It is hard for me to understand why anyone that calls themselves conservative would pay HBO for their services so that HBO can pay Bill Maher for his services so that Bill Maher can donate one million dollars to a progressive super-PAC. This is an easy case for me to make because there are several choices out there for watching movies and while I do have some movie channels, I rarely watch movies anyway.

What about products this author really likes? I’ll apply the same logic to ice cream. Ben and Jerry’s has some of the best flavors put in pints and they’re everywhere and easy to get. But according to an ABC News story, founders Ben Cohen and Jerry Greenfield are giving money to the Resource Movement Group, a group designed to fund this year’s Occupy Wall Street protests. Their website openly supports everything I’m against. Using the same argument as delivered in the previous paragraph, every time I purchase a pint of Ben and Jerry’s, I’m paying Ben and Jerry to support and advertise for the OWS movement. So much for “Pistachio Pistachio” and “Everything But The…”. The argument for voting with your wallet remains as sound as ever but the practical application of that argument can be very difficult when the purchasers’ choice is to accept a product of lesser quality. I apologize in advance to the fans of Haagen-Dazs. I made the switch but they’re really not the same.

I’ve “war gamed” these issues with several different people over the past couple of weeks and the conversations ranged from, “whatever we do doesn’t make a difference anyway” to “well, if you’re going to stop buying Ben and Jerry’s, you should stop buying Unilever products as well since they own them”. If this is the case, I’ll need more time to get rid of my Lipton iced tea. I really don’t know what the “answer” is. My next jeans purchase will not be Levi’s. My next pint of ice cream will not be Ben and Jerry’s. My wife will get something that’s not Sheri’s Berries next Valentines Day. But is it even possible to stop doing business with every single company that pulled their advertising from the Rush Limbaugh show to make the point that we are the majority and respect the freedom of ideas – even if we don’t always agree with those ideas?

20% of the population has figured out a way to set the agenda for the entire country. They set the tone and decide what the rest of the country is allowed to say and how they are to say it. I read somewhere that Vladimir Lenin was able kick off the Russian Revolution with 10% of the population. We might want to figure this one out.

Authors Note: In my research for this posting I read a little about the history of Ben and Jerry’s Ice Cream. It is one of the greatest capitalism stories I have ever read all the way to the point that they even won the title of U.S. Small Business Persons of the Year, awarded by President Regan. And yet they support the anti-capitalist movement. Figure that one out.