Tag Archives: 2012 elections

Another Big Lie of the Left

One of the most absurd and dangerous ideas ever sold to the American people is found in the oft repeated slogan, “Our diversity is our strength”. We have heard this a lot lately with the push for open borders and sodomite marriage. A little reflection mixed with a little common sense quickly shows the fallacy of this cliché. “How can two walk together except they be agreed?”  The problem is that it has been repeated so often and sounds so appealing that many if not most of our fellow citizens have accepted it as the gospel truth. Consequently, they are not too alarmed when the Democrat Party uses the many diverse groups that make up the American society to divide us into voting blocks designed to keep them in power.

The Hallmark of the American socialists who make up today’s Democrat Party, is their success in dividing the American people into groups along racial, ethnic, economic and social lines, and then pandering to those groups through legislation designed to secure their loyalty in dependable, organized voting blocs. Often proponents of this tactic use the motto, “E Pluribus Unum”, Latin for, “Out of many, one,”  inscribed on the Great Seal of the United States, to show that diversity has always been an American ideal.

As is usual when progressives attempt to use language to support their causes, the motto on the Great Seal has a meaning opposite to what the left would have us believe. At the time it was adopted by the Continental Congress in 1781, it had nothing do with the population makeup of the thirteen colonies. Rather it was a graphic illustration of the unity of those colonies in their opposition to British tyranny under King George III.

On the face of the Great Seal immediately above the banner containing the motto, we see a constellation of thirteen stars representing the unity of the thirteen colonies. The shield has thirteen stripes, again representing the thirteen colonies. The olive branch, a universally recognized symbol of peace, held in the eagle’s claw, has thirteen leaves and thirteen berries. The thirteen arrows, held in the other claw represent the Iroquois symbol of war. Together, they form a graphic illustration of a line found in the Declaration of Independence, “We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace, Friends. (End of next to last para.)

On the reverse side of the seal, we see an unfinished pyramid with thirteen levels representing the yet unfilled potential of the Union. Above the pyramid we have the all-seeing eye of Divine Providence watching over its progress, another reference to the Declaration; “with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” (Last sentence in Declaration of Ind.)

The Great Seal of the United States was officially adopted by the new Congress on September 15, 1789 when it ordered, “that the seal heretofore used by the United States in Congress assembled, shall be, and hereby is declared to be, the seal of the United States.”  The motto inscribed on the seal became the unofficial motto of the U.S. until Congress adopted “In God We Trust” as the Nation’s official motto in 1956. U. S. coins today have both mottoes inscribed on them, one on each side. It is important to recognize that in the thinking of the Founders the emphasis was on the unity, “One”, not the diverse, “Many”.

It was not diversity that supplied the strength to build the most prosperous and powerful nation on earth. Our unity was, and is our strength. When we lose that unity, we become correspondingly weaker as a nation. Neither does our history support the proponents of multiculturalism and diversity. There were several other colonies on the North American continent at the time of the Revolution in 1776. The largely French speaking colonies of Canada did not join in the Revolution or in the formation of the new government, although the Articles of Confederation made provision for their inclusion. Of course, the Spanish speaking colonies to the south did not participate, leaving the thirteen English speaking colonies along the Atlantic Coast from Maine to Georgia with one culture, one language and one God. It was the unification of this group that was illustrated by the Great Seal.

In Matthew 12:25 Jesus spoke the self-evident truth that, “Every kingdom divided against itself is brought to desolation; and every city or house divided against itself shall not stand:”  That will be America’s fate, if we continue to allow the left’s efforts to divide us to succeed, as it has been doing for the last several decades. We must reject the ideas of multilingualism and multiculturalism if we are to regain the liberties we have lost and once again take control of our government. That does not mean that we should reject immigration or that we deny the many blessings of citizenship to the diverse sub-cultures that make up our society. It means that new immigrants and the positive elements of the sub-cultures must be assimilated into the overall American culture, as they were by our forefathers during the founding and expansion of America for the first four-hundred or so years of our existence. America is a nation of former immigrants who wished to become Americans. America afforded them the opportunity and encouragement to do just that, and we must do so again or we will be brought to “desolation” and “shall not stand” as a nation.

America’s Deal With the Devil…Part Two

In our previous article, we discussed how America had made a Faustian Bargain with the state concerning religion, expressed in the cliché, “Separation of Church and State”. The unspoken terms of this bargain is that the government will tolerate all religion so long as it is confined to religious activities conducted within prescribed religious settings and involving only those people amicable to the religious beliefs being expressed. In return, government agrees not to establish by law any official religious group or levy taxes for its support. This arrangement is unworkable for a number of reasons, chiefly because it makes religion dependent on retaining the good will of the government.

Contrary to popular belief, religion cannot be isolated from government. They are inseparably linked together through the culture. The best we can do is to make the institution of religion independent of the legislative and therefore coercive powers of government. That is what the Founders attempted to do with the First Amendment.

Every nation on earth throughout history, has had a predominant religion; paganism, Mohammedism, Shintoism, Hinduism, Buddhism, Confucianism, Protestant Christianity, Catholicism, Judaism, Biblical Christianity, Humanism or Secular Humanism. Invariably these religions shape the culture of their respective nations and ultimately determine the laws and policies of government. (“By their fruits shall ye know them”). This is a self-evident truth that can easily be discovered by simply observing the underlying connections between government, culture and religion in any nation on earth today or any that have existed in the past.

Prior to the mid-twentieth century Protestant Christianity was the dominant religion in America. (For the sake of brevity, I include independent Christian Churches within Protestant Christianity.) Its influence could be seen in the laws and policies of communities throughout the nation during that time; Sunday closing laws, the prohibition of liquor sales before noon on Sunday, anti-prostitution laws, anti-gambling laws, divorce laws, and anti-abortion laws, just to name a few. With the rise of socialism during the past century, Christianity has gradually lost its influence on government to be replaced with Humanism, the oldest form of religion, dating back to the Garden of Eden. The primary feature of Humanism is the elevation of man and rebellion against the laws of God. Throughout Biblically recorded history, its practice always brought about the judgment of God; Expulsion from the Garden of Eden, the Flood, confusion of language and dispersion throughout the world from the Tower of Babel, and the destruction of Sodom and Gomorrah are some well-known examples.

In spite of the prohibition against an established religion in America in the Bill of Rights and the Faustian Bargain between “Church and State” already mentioned, America has made Humanism the de facto established religion of the nation. Billions of tax dollars are spent each year to further its doctrines and thousands of laws and bureaucratic rules are implemented to enforce its belief system. The Humanist doctrine of evolution is mandated to be taught in our public schools and the Christian doctrine of creation is forbidden by law. Radical environmentalism, evolution, radical feminism, multi-culturalism, open borders, world government, sodomite marriage, bi-lingual education, etc., are all Humanist doctrines promoted under the umbrella doctrines of pseudo-science and social justice.

Those among us who insist that America is a secular nation are advocating Secular Humanism, the ultimate form of Humanism, wittingly or unwittingly. Using history as our guide, we can see that secular Humanism inevitably leads to totalitarian Socialism and eventually to Communism. We only have to look at the history of the twentieth century to prove this truth. Consider the history of Nazi Germany, Communist Russia, China, Cuba, North Korea, etc. It is said that nature abhors a vacuum. When one occurs, something else always rushes in to fill the void. Government cannot exist unless it is compatible with its culture, and culture cannot exist without an underlying belief system or religion. Since the desire to worship a supreme being is inherent in human nature, when a religion loses its influence in the culture, it creates a vacuum that must be filled with another one. In America that void is being filled with Humanism.

The modern understanding of the purpose of the First Amendment and the popular interpretation of the doctrine of church and state leaves Christianity defenseless in human terms. Government can use the coercive powers of government to promote Humanism. The Church has no coercive powers. It must rely on the persuasive powers of the written and spoken word to accomplish its ends. That is why the role of Pastors and Teachers in the Churches are so important. While I do not agree with many of the doctrines preached by Charles Finney during the Second Great Awakening, his words do ring true today.

“If there is a decay of conscience, the pulpit is responsible for it. If the public press lacks moral discrimination, the pulpit is responsible for it. If the church is degenerate and worldly, the pulpit is responsible for it. If the world loses its interest in religion, the pulpit is responsible for it. If Satan rules in our halls of legislation, the pulpit is responsible for it. If our politics become so corrupt that the very foundations of our government are ready to fall away, the pulpit is responsible for it.”
~ Charles G. Finney

Churches must get outside their cloistered walls and bear testimony to the world at large if we are to have any effect on the creeping destruction of our nation. Although “we are in the world but not of the world” we have the responsibility of being good citizens of the world while we are here. That involves carrying out the great commission in its totality, “Go ye therefore and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost; Teaching them to observe all things whatsoever I have commanded you; and, lo, I am with you always, even unto the end of the world. Amen.” Matthew 28:19, 20 (emphasis added)[Beginning first at Jerusalem]

America’s Deal With The Devil

As that great twentieth century American philosopher, Pogo Possum, observed over forty years ago, “We have met the enemy and he is us.” As we consider the post-Constitution, totalitarian oligarchy modern America is fast becoming, millions of Americans are awakening from their slumber and asking, “What happened?”

What happened is that we ignored the warnings sounded loud and clear by our Founding Fathers who designed our system of government and allowed a fifth column to grow in our midst like a giant malignant cancer. Consider the warnings issued by some of our first Presidents and compare them with the President now sitting in the White House with his advisers planning for the “fundamental transformation of America”.

Elias Boudinot, President of the Continental Congress, 1782-1783: “Good government generally begins in the family, and if the moral character of a people once degenerates, their political character must soon follow.”

George Washington, first U.S. President, 1789-1797: “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens.”

John Adams, second U.S. President, 1797-1801: “should the people of America once become capable of that deep simulation towards one another, and towards foreign nations, which assumes the language of justice and moderation while it is practicing iniquity and extravagance, and displays in the most captivating manner the charming pictures of candor, frankness, and sincerity, while it is rioting in rapine and insolence, this country will be the most miserable habitation in the world; because we have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

Although Benjamin Franklin was not a President, no essay on our present day condition of political and cultural corruption would be complete without quoting from his last speech to the Convention: “Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.” (Emphasis added)

The truth clearly recognized by the Founders quoted above is that a nation’s government is always an expression of the moral character of its people. Fredrich Hayek pointed out this truth in his popular 1944 treatise, “The Road to Serfdom”, an examination of the rise of National Socialism in Germany during the 1930s. Hayek argues that the implementation of socialism with its centrally planned economy demands a concurrently planned social order enforced by a totalitarian government. Socialism and individual liberty cannot coexist and for socialism to thrive in America requires a shift in moral values so its people are willing to sacrifice liberty for vague promises of security. Although Hayek’s book was published almost fifty years ago in England, one cannot read it without experiencing the eerie feeling that he is writing about America in 2012.

In tracing the historical roots of socialism in America, we have to start with the Second Great Awakening at the turn of the nineteenth century. It was during this time that the “social gospel” with its emphasis on changing human nature through revival meetings came into vogue. In terms of the “number of converts” the Second Great Awakening was a huge success, but its utopian ambition of bringing in the millennium kingdom through social reform created a fertile ground in which socialism could thrive. By the time the effects of the Great Awakening began to fade at the end of the nineteenth century, socialism was already well entrenched in America. Among the groups responsible for our cultural decline and the corresponding growth of socialism we have to include the Christian Churches and the Christian clergy.

During the last century the “church” made a Faustian bargain with the government, –“You leave us alone and we will leave you alone”–, expressed in the often heard slogan, “separation of church and state”, which is based on a misunderstanding of the First Amendment that says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” An objective reading of the First Amendment without the preconceived assumptions fostered by the constant drumming into our consciousness, the cliché “separation of church and state” shows, not a separation between government and religion but rather, a declaration of the independence of religion from the coercive powers of government. What the Founders were attempting to accomplish with the First Amendment was to free religion from the symbiotic relationship between church and state and establish its rightful independence from the despotic powers of government that had plagued the Christian Church throughout its seventeen hundred year history.

Certainly the Founders quoted above did not consider the First Amendment in the same sense in which it is understood today. Even James Madison who is generally considered to be the Father of the Bill of Rights, but was not as fervent in his religious beliefs as some of the others, frequently called for special days of national prayer and fasting during his eight years as our fourth President. In 1813 Madison even supported and signed into law a bill to rebate the import duties on printing plates used by the Bible Society of Philadelphia to print Bibles.

“An Act for the relief of the Bible Society of Philadelphia. Be it enacted, &c., That the duties arising and due to the United States upon certain stereotype plates, imported during the last year into the port of Philadelphia, on board the ship Brilliant, by the Bible Society of Philadelphia, for the purpose of printing editions of the Holy Bible, be and the same are hereby remitted, on behalf of the United States, to the said society: and any bond or security given for the securing of the payment of the said duties shall be cancelled. Approved February 2, 1813.”

Our current application of the doctrines of church and state relationships is not supported by the Constitution or the Bible. The ministry of Christ, the Apostles and the early churches were conducted in large part in a public venue and often before hostile crowds; a far cry from today’s Sunday morning services in the comfortable sanctuaries of elaborate church buildings before congregations of adoring believers. When Jesus did teach in the Temple and Synagogues, His messages were often directed against the religious leaders and teachers of the day, the Scribes, Pharisees and Sadducees. Today they would probably be directed against the Pastors and teachers of our modern evangelical Christian churches.  Unless we are willing to work to restore the Biblically moral foundations of our culture there is little chance that we can survive as a nation with our liberties intact. America is sorely in need of a spiritual revival, and that revival must start with the Christian Church and its ministers.

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

2012 Election Is Only the First Step

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

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

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

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

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

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

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

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

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

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

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

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.”

Soldier On Patriots…..

If you consider yourself a Patriot and you’re not feeling anything now, you might want to check your pulse. The last time I felt like I did yesterday, I was in Bentonville, AK September 11, 2001. It was a sick to my stomach feeling that went well beyond what I was seeing on television that day – I knew something had “fundamentally” changed in the country in which I lived. And change it did. It brought about the Patriot Act, Homeland Security Act of 2002 (DHS) and the Transportation Security Agency just to name a few. To this day I have a hard time convincing some “conservatives” of the negative implications this has had and will continue to have on our individual freedoms. Maybe they don’t fly?

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. – Benjamin Franklin 1775

We have an Executive in the White House that sidesteps Congress through the use of “executive orders” and over and over again he refuses to enforce the laws that Congress does pass. That’s his job. For those of you that do not carry around a pocket constitution, Article II, Section 3, last sentence “He (the President) shall take care that the Laws be faithfully executed.” It is what we hired him to do. So we’ve got a Legislative branch that has ceded their power and refuses “on the whole” to do anything of value, a President who rules by decree and that last bastion of separation of powers, the Judicial Branch, rewriting the government’s defense in order to push through a law that the majority of Americans do not want. And it’s still unconstitutional! The Sixteenth amendment authorized an income tax. All other authorizations for taxation are spelled out in Article II, Section 8 of the Constitution.

I won’t pretend I didn’t spend more than a couple of hours yesterday wondering what the point to all of this is anymore. All three branches of government are anything but what our founding fathers envisioned as the blueprint for this country. We’re surrounded on all sides by socialist progressives and communists and the rot and decay of progressivism has found its way right to the Constitution of the United States – The very document that the President swore an Oath to protect. And while voting out the President and repealing “Obamacare” are certainly positive steps in the right direction, voting in Mitt Romney and replacing “Obamacare” are not necessarily the answers to our Nation’s problems. I spent much of the day just thinking we’re doomed quite frankly.

And then I remembered a book I read a few years ago by David McCullough, “1776”. I don’t remember the specifics but I remember shaking my head several times through the book thinking, there’s no way we should have become a Nation. We would have a couple of hundred soldiers with rags tied around their feet for shoes surrounded by thousands of the greatest military in the world. The only thing one could hope to expect when they woke up in the morning was a complete and total defeat, death, and yet a storm would come along and save the day or the soldiers would steal away in the middle of the night. Every time it would look like all hope was lost, they would just keep going, seemingly oblivious to the fact that they stood no chance. And that, more than anything our nascent government was doing at the time in Philadelphia, is the reason we’re proud to call ourselves Americans to this day.

And so it’s time to soldier on Patriots. This is not the time to throw our hands in the air and give up. Our emotions cannot get the best of us in either victory or defeat. We’re just getting started. This may be a battle to November but it’s a war for the unforeseeable future. We can’t stop until we’ve forced our government, be they Republican or Democrat, to bring us back to our founding principles. I hope by now you’re fired up and ready for action. Yesterday’s gone and tomorrow’s still ahead of us. Let’s show this Administration whose moving forward.

The Biblical Foundation of Our Constitution

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

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

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

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

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

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

1. The Civil Authorities are under the Law. 

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

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

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

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

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

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

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

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

2. Civil Government has only limited and defined Powers:

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

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

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

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

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

Tyrants claim the power to do whatever they want.

3. Civil Government is divided into Three Parts:

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

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

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

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

 

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

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

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

Our Constitutional Oaths of Office:

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

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

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

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

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

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

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

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

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

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

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

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

But if the Priests would say:

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

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

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

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

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

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

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

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

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

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

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

“…If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify…” (Federalist No. 33, 5th para). [boldface added]

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

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

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

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

What can We do?

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

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

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

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

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

For additional articles by Publius Huldah click here

Endnotes:

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

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

Our Constitution at Art. VII, last clause:

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

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

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

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

4 Article I, §1 says:

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

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

 

The 2012 Revolution

Re-post of  article first published August 4, 2011

This year marks the hundredth anniversary of the beginning of the longest Civil War in world history, the war between the American Socialists and the American Conservatives. Make no mistake about it; we are in the midst of a Civil War, although most Americans do not recognize it and most refuse to accept its reality. Although its conduct resembles the Cold War between America and the Soviet Union more than it does the Civil War between the states, the dangers to the future of America are every bit as threatening as either of those.  Read More…

Separating Real Truth From Implied Fantasy

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

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

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

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

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

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

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