12/7/19

USMCA “Trade Agreement”, the North American Union, an Article V convention, and Red Flag Laws: Connecting the Dots

By: Publius Huldah

The Globalists have long been in the process of setting up a dictatorial and totalitarian oligarchy over the United States.  Now they are putting the last pieces in place.  That is what is behind the pushes for the USMCA “Trade Agreement”, an Article V convention, and red-flag and other laws to disarm the American People.  The Globalists want to move the United States into the North American Union.

USMCA “Trade Agreement”

The USMCA “Trade Agreement” is, in reality, a Transfer of Sovereignty Agreement.  It provides for the economic and financial integration of Canada, the United States, and Mexico.   In addition to putting the three countries under global regulation of a host of issues such as patents, environmental regulation, labor, immigration policy, prohibition of discriminatory practices respecting sexual preferences and “gender identity” in the workplaces; 1 it puts the International Monetary Fund (IMF) in control of our economy and binds us to submit to an international monetary system which is to be administered and enforced (at least initially) by the IMF and which will replace our collapsing Federal Reserve system.2

Every word, clause, sentence, paragraph, page, chapter, and appendix of the USMCA “Trade Agreement” is in blatant violation of our Declaration of Independence and Constitution.

North American Union

The North American Union brings about the political integration of Canada, the United States, and Mexico.  The Task Force Report on Building a North American Community [link] sponsored by The Council on Foreign Relations provides for (among other horrors):

  • increasing the “cooperation and interoperability among and between the law enforcement agencies and militaries.” The Report thus indicates that the plan is to combine the functions of law enforcement and the militaries of the three countries, so as to create a militarized police force consisting of Canadians, Mexicans, and Americans (pages 10-12). 3
  • a North American Advisory Council, with members appointed by Canada, the United States, and Mexico, to staggered multiyear terms to “provide a public voice for North America”; and a “North American Inter-Parliamentary Group” which will have bilateral meetings every other year; and a trinational interparliamentary group to meet in the alternating year (pages 31-32).

To merge the functions of our police and military and combine it with those of Canada and Mexico; 4 and to permit a Parliament to be set up over and above the United States, is altogether repugnant to our existing Constitution.  But this is what the Globalists and the Political Elite of both parties want.  Before they can impose it on us, they need to get a new Constitution for the United States.

An Article V Convention

And that’s the purpose of an Article V convention – to get a new constitution for this Country which legalizes the USMCA “Trade Agreement” and transforms the United States from a sovereign nation to a member state of the North American Union.

But Americans don’t want another constitution, and they don’t want to be moved into the North American Union.

So!  Some of those pushing for an Article V convention, such as the “Convention of States Project” (COS) are marketing a convention to appeal to conservatives.  COS and their allies such as Mark Levin claim to be for limited government and say they want a convention to get amendments to “limit the power and jurisdiction of the federal government”.  Sadly, those who don’t know that our Constitution already limits the power and jurisdiction of the federal government to a tiny handful of enumerated powers [they are listed on this one-page Chart] fall for the marketing.5

But some of those pushing for an Article V convention, and certainly those financing the push for a convention, 6 actually do intend to “limit the power and jurisdiction of the federal government”; and they intend to do it by transferring the powers our Constitution delegates to the federal government (plus the powers reserved to the States or the People) to the global government which they are setting up over us.7

This Flyer shows why Delegates to an Article V convention (called for the ostensible purpose of proposing amendments to our existing Constitution) have the right and power to ignore their instructions and impose a new Constitution which puts us under a completely new Form of government – such as the North American Union.  

Red flag Laws & Gun Confiscation

When Americans finally see what has been done and how they have been deceived, they will be angry.  That’s why they must be disarmed now.  But all federal gun control laws for the Country at Large are unconstitutional as outside the scope of powers granted to Congress; as in violation of Article I, §8, clauses 15 & 16; and as in violation of the Second Amendment.  And any pretended State law which contradicts its State Constitution or which interferes with Congress’ power (granted by Art. I, §8, cl. 16) to “organize, arm, and discipline, the Militia”, is also unconstitutional [link].  

Red flag laws also violate the privileges and immunities clause of Article IV, §2; and the due process clauses of the 5th Amendment and §1 of the 14th Amendment. US Senator Marco Rubio’s (Fla.) malignant red flag law [link] appropriates a total of $100 Million to pay to States and Indian Tribes which pass the red flag legislation set forth in Rubio’s bill.

And Trump says respecting red flag laws, “Take the guns first, go through due process second.” [link].

Stop the Globalists: Oppose the USMCA “Trade Agreement” and an Article V Convention

While the Trump Administration hammers the Globalists’ nails into our coffin, his trusting supporters censor criticism of the USMCA “Trade Agreement” – even though the Agreement is so long and incorporates so many other Agreements it is unlikely that any of them (including Trump) have read it.

And demagogues in the pay of Globalists have convinced constitutionally illiterate Americans that the solution to all our problems is to get an Article V convention.

Endnotes:

1 Christian Gomez: USMCA and the Quest for a North American Union & What’s Really in the USMCA?  Publius Huldah: The USMCA “Trade Agreement” violates our Constitution and sets up Global Government.

2 Publius Huldah: So You Think Trump Wants To Get Rid Of The Fed?

3 Meanwhile, the UN is building a global military & police force.  See “United Nations Peacekeeping” [link] and think of the ramifications of such a militarized global police force.  Who will be able to resist?

4 Mexico’s culture is notoriously criminal.  If we permit Globalists to get an Article V convention and a new Constitution which moves the United States into the North American Union, you can expect to see militarized Mexican police operating within our [former] Country.  And soon, they will be wearing blue helmets.

5 It is possible that Mark Levin and the hirelings promoting a convention (such as Mark Meckler, 6 Tom Coburn [link], and Jim DeMint [link]) don’t know what the actual agenda is.  And it is almost certain that COS’s constitutionally illiterate celebrity endorsers and lemmings don’t know.  People who don’t know that our Constitution already limits the federal government to a tiny handful of enumerated powers and that our problems are caused by ignoring the Constitution we have are easily deceived by the ridiculous claim that we must amend our Constitution to make the federal government obey it.

Our Framers always understood that the purpose of an Article V Convention is to get a new Constitution [link].  This is why James Madison, Alexander Hamilton, and four US Supreme Court Justices, among others, warned against it [link].

6 It is the Globalists, primarily the Kochs and George Soros, who are funding the push for an Article V convention.  See, e.g.,

  • Kochs Bankroll Move to Rewrite the Constitution [link].
  • George Soros assault on U.S. Constitution [link]
  • Mark Meckler is president of “Citizens for Self-Governance” which launched the “Convention of States Project”. This website discusses funding for Citizens for Self-Governance.
  • Koch brothers from Conservapedia [link]

7 The transfer of power from our federal government to global government by means of the USMCA “Trade Agreement” is illustrated here.

11/7/19

Article 5 of the US Constitution: What “Convention of States Project” (COS) isn’t telling you

By: Publius Huldah

  1. Article 5 provides two ways to amend our Constitution: Congress (1) proposes amendments and sends them to the States for ratification (this was done with our existing 27 Amendments); or (2) calls a convention for proposing amendments if two-thirds of the State Legislatures apply for it. We’ve never had a convention under Article V – they are dangerous! 1
  2. But today, various well-funded factions are lobbying State Legislators to ask Congress to call an Article V convention. One faction, the “Convention of States Project” (COS), claims to be for limited government and is marketing the convention to appeal to conservatives. COS claims (falsely) that our Framers told us to amend the Constitution when the federal government violates the Constitution.2
  3. COS’s claim is absurd – it’s like saying that since people violate the Ten Commandments, God should amend the Ten Commandments.
  4. COS’s claim is false. Not only did our Framers never say what COS claims,
  • Our Constitution already limits the power and jurisdiction of the federal government to a small handful of enumerated powers (they are listed on this one-page chart).3  Furthermore, it’s impossible to rein in the federal government with amendments because when the feds usurp powers not delegated, they are ignoring the existing constitutional limitations on their powers.
  • All of the proposed amendments produced by COS and their sympathizers markedly INCREASE the powers of the federal government by delegating powers the federal government has already usurped; by granting new powers to the federal government; by transferring power from Representatives elected by the People to the Deep State; or by stripping States of their existing sovereign powers.4 See:

Mark Levin’s “liberty” amendments: legalizing tyranny,

COS Project’s “simulated convention” dog and pony show and what they did there,

The “Regulation Freedom” Amendment and Daniel Webster,

Parental Rights Amendment: Selling You and Your Kids Out to Big Government

Wolf PAC’s Amendment for “fair and free elections”, and

Term Limits: A Palliative not a Cure 5

  1. So what’s the real agenda of those (primarily George Soros and the Kochs) who are financing the push for a convention? A convention provides the opportunity to replace our existing Constitution with a new constitution which moves us into a completely new system of government, such as the North American Union (NAU).  Under the NAU, Canada, the United States, and Mexico are economically and politically integrated and a Parliament and combined militarized police force are set up over them.6

The phrase within Article V, “a Convention for proposing Amendments”, doesn’t restrict the Delegates to the Convention to merely proposing Amendments.  Our Declaration of Independence recognizes that a People have the “self-evident Right” to throw off their government and set up a new government.7  We’ve already invoked that Right twice:  In 1776 we invoked it to throw off the British Monarchy; and in 1787, James Madison invoked it to throw off our first Constitution, the Articles of Confederation (AOC), and set up a new Constitution [the one we now have] which created a new government.

This is what happened:

There were defects in the AOC, so on Feb. 21, 1787, the Continental Congress called a convention to be held in Philadelphia

“for the sole and express purpose of revising the Articles of Confederation”

But the Delegates ignored their instructions from Congress, and similar instructions from their States 8 and wrote a new Constitution which created a new government.  Furthermore, the new Constitution had its own new mode of ratification:  Whereas amendments to the AOC had to be approved by the Continental Congress and all of the then 13 States; 9 the new Constitution provided at Article VII thereof, that it would be ratified when only 9 States approved it.

And in Federalist No. 40 (15th para), James Madison, who was a Delegate to the Federal “amendments” Convention of 1787, invoked that same Right as justification for the Delegates’ ignoring their instructions and writing a new Constitution which created a new government.10

  1. If we have a convention today, the Delegates will have that same power to get rid of our second Constitution and impose a third Constitution. New Constitutions are already prepared or in the works!  One of them, the Constitution for the Newstates of America, is ratified by a national referendum (See Art. XII, §1). The States don’t vote on it – they are dissolved and replaced by regional governments answerable to the new national government.
  2. So why was the convention method added to Article V? The Anti-federalists wanted it added because they wanted another convention so they could get rid of the Constitution just drafted.  James Madison and Alexander Hamilton understood that a people have the right to meet in convention and draft a new constitution whether the convention method was in Article V or not.  So this is why Madison and Hamilton went along with adding the convention method to Article V; and this is why, as early as April 1788, they and our future first US Supreme Court Chief Justice John Jay started warning against another convention.
  3. Using the pretext of merely getting amendments, the Globalists want a convention so they can complete their coup against us and get a new Constitution which moves us into the New World Order.
  4. States should rescind the applications they have already submitted to Congress.

Endnotes:

1 That is why James Madison, Alexander Hamilton, four US Supreme Court Justices, and other jurists & scholars warn against it!  See their words HERE.

2 See Michael Farris’s quote HERE. None of our Framers said such a silly thing as Farris claims!  Our Framers actually said the purpose of Amendments is to remedy defects in the Constitution, and they all knew that the real purpose of a convention is to get another constitution.

3 IGNORANCE is our problem.  Americans don’t know what our Constitution says.  Can you recite by heart the enumerated powers granted to Congress over the Country at Large?

4 Mark Levin’s amendment to “grant the States authority to check Congress” [p. 169 of “The Liberty Amendments”] provides that three-fifths of the state legislatures may vote to override a federal statute and certain Executive Branch regulations provided that the States do so within a certain time period.  When that time period has expired, the States are forever prohibited from exercising the override.

Levin’s amendment would strip the States of their long-recognized individual natural right – much written about by our Framers – to NULLIFY all acts of any Branch of the federal government which violate our Constitution. See Nullification: The Original Right of Self-Defense and What Should States Do When the Federal Government Usurps Power?

5 The federal term limits amendment would transfer power from US Senators and Representatives (elected by the People) to the Deep State (a massive body of nameless, faceless, and unelected bureaucrats who would become the PERMANENT AND TOTALLY UNACCOUNTABLE GOVERNING BODY).

6 For the Love of God, your Country and your posterity, READ the Council on Foreign Relations’ Task Force Report on the NAU. This is what the Establishment Elite wants and can get with a convention!

7 The Declaration of Independence is part of the “Organic Law” (the Fundamental Law) of our Land.

8 This Delegate Flyer summarizes the instructions the States gave the Delegates.

9 See ART. 13 of the Articles of Confederation.

10 In Federalist No. 40 (15th para), James Madison says the Delegates knew that reform such as was set forth in the new Constitution was necessary for our peace and prosperity.  They knew that sometimes great and momentous changes in established governments are necessary – and a rigid adherence to the old government takes away the “transcendent and precious right” of a people to “abolish or alter their governments as to them shall seem most likely to effect their safety and happiness,” … “and it is therefore essential that such changes be instituted by some INFORMAL AND UNAUTHORIZED PROPOSITIONS, made by some patriotic and respectable citizen or number of citizens…”

10/6/19

So you think Trump wants to get rid of the Fed?

By: Publius Huldah

Yes he does.  The Federal Reserve System is collapsing due to the inherent instability of a monetary system, not based on gold & silver, but on the Fed’s “right” to create “money” out of thin air1 which it then lends to the US Treasury (and is added to the national debt),2 in order to fund the federal government’s massive, grotesquely unconstitutional, and out of control spending.

This process of allowing the Fed to create “money” out of thin air with nothing behind it has been going on since 1933, when the promise (set forth in §16 of the Federal Reserve Act of 1913) to redeem Federal Reserve Notes in gold was revoked as to domestic holders;3 and culminated during 1971, when redemption of the Notes in gold to international holders was also suspended.4

Once the statutory promise to back Federal Reserve Notes with gold was rescinded, the sky was the limit on how much fiat “money” the Fed could create, lend to the US Treasury (and be added to the national debt), in order to fund still more massive, grotesquely unconstitutional, and out of control spending by the federal government.

Now we have reached the point where the federal deficits are so huge and increasing at such a furious pace that our entire fiat “money” financial system is coming apart.5

So what are we going to do about it?  Does Trump want to get rid of the Fed so we can return to the constitutional money system described in Point 2 below?

Trump may say that he wants to return to the gold standard;6 but the USMCA “Trade Agreement” he signed doesn’t do that.  The Globalists’ Plan, which is advanced by USMCA, is to ratchet up the fiat “money” system created by the Federal Reserve Act of 1913, from a national to a global level with a central bank and the International Monetary Fund (IMF) managing and enforcing an international monetary system.  And as Edwin Vieira, Ph.D., J.D., warned 8 years ago [here]:

“The true perversity of the present situation lies in the indication … that this scheme for a new supra-national monetary order will be sold to a doubting world by attaching some sort of “gold standard” to it….”

  1. The IMF and the international fiat “money” system

The IMF is an institution in the United Nations system.

The IMF has already created (it was done during 1969), out of thin air, an international fiat currency called “special drawing right” (SDR).  The stated purpose of SDRs was to increase liquidity in settling international accounts by making short term loans to member countries to cover their balance of payments, and other temporary financial problems.

USMCA Art. 33.1 shows that the IMF is to monitor our compliance with the IMF’s Articles of Agreement (please let that sink in).

  • Article III of the IMF Articles of Agreement provides that the IMF assigns “quotas” to members [that would include the United States], representing the amount the member must pay into the IMF [members may pay their “subscriptions” using their own unbacked currencies]; and in exchange, they get an equivalent amount of SDRs [also unbacked by any precious metal] issued by the IMF.
  • Article IV, Sections 1-3 of the IMF Articles of Agreement provide that the IMF is to manage the development of an international monetary system [to which we shall be subject]; and is to oversee the member countries’ [that includes the United States] underlying economic and financial conditions and policies in order to promote “sound economic growth” and “financial and economic stability”. i.e., the IMF is going to manage our economy.

USMCA Chapter 17. Financial Services harmonizes the Banking, Insurance, and Investment Practices of Canada, the United States, and Mexico.  This harmonization removes previously existing barriers to global regulation of those areas and to merging regional currencies into a global currency.7

As anyone who reads USMCA can see, the purpose of USMCA is to remove barriers to global regulation of all the areas covered by USMCA, and to advance development of a new global “money” system which will replace our collapsing Federal Reserve System.

Look at the Table of Contents for USMCA:  All those areas:  agriculture, textiles and apparel goods, customs administration, sanitary and phytosanitary measures, telecommunications, intellectual property (patents), labor (which includes immigration and gender & sexual orientation discrimination in the workplace), the environment,  etc., are to be made subject to global regulation.

And we exchange our fiat “money” for the IMF’s fiat “money”; the United States loses control over our monetary system; and the IMF, instead of the Fed, will manage the new monetary system – and our economy.

Trump may give grand speeches before the United Nations saying he opposes globalism and supports nationalism, but the USMCA “Trade Agreement” he signed moves us into global government.8

And the claim that USMCA is about getting favorable tariff agreements for the United States is the Biggest Lie since the Garden of Eden.

  1. What our Constitution provides about money

Our Framers created a Constitution which delegates only “few and defined” powers to the federal government.  This one page chart lists those powers.

Accordingly, except for national defense, our federal government doesn’t need much money to fund its constitutional powers.  So our Framers created a taxing system wherein the funds needed to operate the federal government were raised by the import tariffs and excise taxes authorized at Article I, §8, cl. 1, and by the apportioned direct assessments on the States authorized at Article I, §2, cl. 3.9

Congress is also authorized at Article I, §8, cl. 2, to borrow money on the credit of the United States; but our Framers intended borrowing money to be restricted to funding national defense.10

Our Framers also established a money system based on gold & silver:

  • Article I, §8, cl. 5: “The Congress shall have Power …To coin Money, regulate the Value thereof, and of foreign Coin,…”
  • Article I, §10, cl. 1: “No State shall … coin Money; emit Bills of Credit;11 make any Thing but gold and silver Coin a Tender in Payment of Debts;”

Accordingly, during 1792, Congress passed an Act establishing a mint and set the standards for the amounts of gold and silver in our coins.  Congress took so seriously the purity of our coins that §19 of the Act provided the death penalty for debasement of coins.   During 1793, Congress passed an Act regulating the value of foreign coins.

A money system based on gold & silver and a limited taxing system were perfect for a federal government of “few and defined” powers.  Furthermore, such systems – if adhered to – would have prevented the emergence of the totalitarian socialist regulatory welfare state we have today.

  1. Why the Federal Reserve System was established

“…A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project…” James Madison, Federalist No. 10.

Why does Madison refer to paper money as an “improper or wicked project”?  Because, among other evils, paper money provides governments with access to unlimited amounts of credit – and that is what was needed to finance the totalitarian socialist regulatory welfare state we have today.

When the Progressives12 took over our Country during the early 1900’s, they needed lots of “money” to fund their unconstitutional regulatory and “welfare” schemes.  But the federal government didn’t have enough gold and silver coins to fund the regulatory welfare state they wanted.  So the Federal Reserve System was created in 1913 to set up a central bank – the “Fed” – which (thanks to fractional reserve banking) would have the power to supply the federal government with the “money” it wanted.13

So it was access to this credit which enabled the federal government to exceed its constitutional limits.

With this easy credit, the federal government was enabled to “buy” the States by giving them fiat “money” to implement unconstitutional federal programs:  State governments literally sold the retained powers of the States and the People to the federal government.  A particularly malignant example is U.S. Senator Marco Rubio’s “Extreme Risk Protection Order and Violence Prevention Act of 2019” (“red flag” law), which appropriates $20 Million for each of FY 2019-2023 to pay to States and Indian Tribes which pass the “red flag” legislation set forth in Rubio’s bill.  If a Respondent, whose arms have been taken from him in an ex parte hearing [i.e., a hearing Respondent wasn’t notified about until after the Order had been issued to seize his arms], wants his arms back, he must prove, by clear and convincing evidence, that he does not pose a significant danger of causing personal injury to himself or others by having arms in his possession.

Rubio’s bill puts the burden of proof on the Respondent.  For eons in Anglo/American Jurisprudence, it has been the task of the government to PROVE GUILT.  But Rubio would reverse that and require Respondents to PROVE THEIR INNOCENCE. This is evil.

Rubio’s bill is also unconstitutional as outside the scope of powers delegated to the federal government; and it violates the “Privileges and Immunities clause of Article IV, §2; violates the 2nd Amendment; and violates the “due process” clauses of the 5th Amendment and §1 of the 14th Amendment.

How many States and Indian Tribes will surrender their Citizen’s Right to THE PRESUMPTION OF INNOCENCE by passing Rubio’s “red flag” law in order to get the “money” from the fed gov’t?14 

If we had preserved the monetary system set up by our Constitution, the federal government wouldn’t have been able to become the totalitarian monster it is today.  If you want a limited government, don’t give it unlimited “money”.

  1. What States can do

In Part 4 of his “A CROSS OF GOLD” series at sub point [3] and in Part 5, Dr. Edwin Vieira shows how States can protect their Citizens from disaster by setting up an alternative gold currency.

The Tenth Amendment Center has model legislation for States to take some steps in the right direction:  See THIS under the heading, “End the Fed from the Bottom Up”.

Open your eyes, Americans.  Time is running out.

End Notes:

1 See excerpt from testimony before Congress on Sep. 30, 1941 by the then Governor of the Fed.

2 Robert P. Murphy, Is Our Money Based on Debt?

3 HERE is the Federal Reserve Act of 1913.  §16 promised redemption of the Federal Reserve Notes in gold.  During 1935, §16 was amended to remove that promise:  HERE is the amendment, codified as 12 USC §411.

4 See 31 USC §5118.

5 The Fed Has Lost Control

6 The quiet campaign to reinstate the gold standard is getting louder

7 See Joan Veon HERE:

“Globalization is the process of breaking through the protective barriers designed to separate the nation-states from the world system. Between 1944 and 2008 [Bretton Woods I & Bretton Woods II] all the nation-state barriers have been removed with exception of the national regulatory laws governing financial institutions, insurance companies, mortgages, and Wall Street. The real purpose of BWII is to establish the framework for a global regulatory system.  This also presents the possibility of merging all regional currencies into a global currency.”  [italics added]  You can also see her video HERE.

8 See:  USMCA and the Quest for a North American Union  and The USMCA “Trade Agreement” violates our Constitution and sets up Global Government.

9 HERE is the Act of 1813 where Congress laid a direct tax of $3 Million upon the United States.  It shows how Congress apportioned the tax (based on population) as required by Art. I, Sec. 2, cl. 3.  (See page 93 of the linked pdf edition.)

10 In Federalist No. 41 (5th para up from bottom), Madison says:

“The power of levying and borrowing money, being the sinew of that which is to be exerted in the national defense, is properly thrown into the same class with it. This power, also, has been examined already with much attention, and has, I trust, been clearly shown to be necessary, both in the extent and form given to it by the Constitution. …”

11 Congress is not authorized to create paper money.  In “A CROSS OF GOLD”, Dr. Edwin Vieira says:

[at Part 2]: “…America’s Founding Fathers, realists all, denominated redeemable paper currency as “bills of credit”. They knew that such bills’ values in gold or silver always depended upon the issuers’ credit—that is, ultimately, the issuers’ honesty and ability to manage their financial affairs.…” [boldface added]

[at Part 3]: “…every form of “redeemable currency” put out through the Federal Reserve System is, by definition, a governmental “bill of credit”, which Congress has no authority to emit, directly or indirectly.” [boldface added]

When, in 1933, the promise to redeem Federal Reserve Notes in gold was repudiated, the federal government dishonored their “bills of credit”.  We should have listened to our Founding Fathers.

12 In the 1880’s, the Fabian Society was founded in England.  Fabians advocate a gradual transition to socialism [as opposed to violent revolution].  They also hold that the elite – and they are the elite – should run everything [as opposed to the Dictatorship of the Proletariat.]  In the early 1900’s, Fabians took over our Country – here they went by the name, “Progressives”.  Teddy Roosevelt & Woodrow Wilson were Progressives; and the Fabian socialist ideology has dominated our Country ever since.

13 For an education in the basics of the Fed, fractional reserve banking, and the creation of “money”, see Robert P. Murphy’s article at end notes 1 & 2; and Dr. Edwin Vieira’s fascinating explanations of these issues in his “A CROSS OF GOLD” series HERE.  Dr. Vieira also shows why we must not accept a new global fiat currency and central bank to replace the collapsing Federal Reserve System.

14 And all that money used to bribe States and Indian Tribes to pass Rubio’s “red flag” law, will be added to the national debt.

09/4/19

Read the Commerce Clause in the Light Cast by the Other Parts of Our Constitution

By Publius Huldah

The parts of our federal Constitution are so interrelated that it is impossible to understand a single clause therein without considering all of the other provisions of our Constitution.

Article I, §8, clause 3, US Constitution, states:

“The Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”

The original intent of the power to regulate commerce “among the several States” is proved here:  Does the “interstate commerce” clause authorize Congress to force us to buy health insurance?  That paper proves that the primary purpose of the power is to prohibit the States from imposing tolls and tariffs on articles of import and export – goods & commodities – merchandise – as they are transported through the States for purposes of buying and selling.

But recently, some have asserted that since “foreign Nations”, “the several States”, and “the Indian Tribes” are grouped together in the same clause, it necessarily follows that Congress’ power to “regulate commerce” with each of them is identical.  And since Congress has broad powers over foreign commerce, they conclude that Congress has those same broad powers over interstate commerce, and may lawfully, for example, ban the movement of physical goods [such as firearms] across state lines.

So let’s look at that clause in the Light cast by the rest of the Constitution.

Continue reading

11/15/18

Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place.

By Publius Huldah

Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers of the federal government (as well as legalized practices such as abortion); that all these opinions are “the Law of the Land”; and we need an Article V convention so we can get amendments to the Constitution which take away all these powers the Supreme Court gave the federal government.

But the text of Article V contradicts COSP’s claim.  Article V shows that our Constitution can be amended only when three-fourths of the States ratify proposed amendments. The Supreme Court has no power to amend our Constitution.  And it’s impossible for an amendment to take away powers our Constitution doesn’t grant.

1. First Principles

Let’s analyze COSP’s silly argument.  We begin by looking at First Principles:

  • The Judicial Branch was created by Art. III, §1, US Constitution. Accordingly, it is a “creature” of the Constitution. 1
  • The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ratified the Constitution.2

Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and is completely subject to its terms.  It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution; 3 and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence! 4  

Continue reading

10/30/18

What the Framers really said about the purpose of amendments to our Constitution

By Publius Huldah

One of the silliest of the many unsupported claims made by those lobbying for an Article V convention is that our Framers said that when the federal government violates the Constitution, the remedy is to amend the Constitution.1

It shouldn’t be necessary to point out that their claim makes as much sense as saying that since people violate the Ten Commandments, God should amend the Ten Commandments.2

And since none of our Framers said such a silly thing, the convention lobby can’t produce a quote where it was said.

Even so, some have believed it and repeated it to others.  Americans!  We must demand that people prove their claims before we believe what they tell us.

I will show you original source documents, and you can see for yourself what our Framers really said about the purpose of amendments to our Constitution.

Madison’s Journal of the Federal Convention of 1787

James Madison was a delegate to the federal convention of 1787 where our present Constitution was drafted.  He kept a daily Journal. I went through it, collected every reference to what became Article V, and wrote it up – here it is.

Madison’s Journal shows what our Framers said at the convention about the purpose of amendments to our Constitution:

  • Elbridge Gerry said on June 5, 1787: the “novelty & difficulty of the experiment requires periodical revision.”
  • George Mason said on June 11, 1787: The Constitution now being formed “will certainly be defective,” as the Articles of Confederation have been found to be. “Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent…The opportunity for such an abuse, may be the fault of the Constitution [i.e., a defect] calling for amendmt.” [boldface mine] 3
  • Alexander Hamilton said on Sep. 10, 1787: amendments remedy defects in the Constitution. 4

The Federalist Papers

In Federalist No. 43 at 8, Madison said the purpose of amendments to the Constitution is to repair “discovered faults” and “amendment of errors”; and “amendment of errors” and “useful alterations” would be suggested by experience.

In Federalist No. 85 (13th para), Hamilton said useful amendments would address the “organization of the government, not…the mass of its powers” 5

Throughout Federalist No. 49, Madison warned against a convention for proposing amendments, and showed that a convention is neither proper nor effective to restrain government when it encroaches.

Madison’s letter of August 28, 1830 to Edward Everett (p. 383-403)

Madison says:

“Should the provisions of the Constitution as here reviewed be found not to secure the Govt. & rights of the States agst. usurpations & abuses on the part of the U.S…” (p. 398)

So he is talking about provisions – defects – in the Constitution which permit the federal government to abuse the States.  He goes on to say:

“…the final resort within the purview of the Constn. lies in an amendment of the Constn…” 6

So he’s saying that when a defect in the Constitution exposes the States to abuses by the federal government, the remedy is to amend the Constitution.

To fully grasp Madison’s point, we must look at his letter in its historical context of the Tariff Act of 1828:  The southern states bought manufactured goods from England.  England bought southern cotton.  But infant industries in the Northeast couldn’t compete with the English imports. So during 1828, Congress passed a Tariff Act which imposed such high tariffs on English imports that the southern states could no longer buy them.  England stopped buying southern cotton. This devastated the southern economy. So South Carolina wanted to nullify the Tariff Act (the “Tariff of Abominations”); and developed a theory that a State had a “constitutional right” to nullify any federal law, and the nullification would be presumed valid, unless three-fourths of the States said it wasn’t valid.

Madison opposed South Carolina’s theory because the Tariff Act was constitutional – it was authorized by Art. I, §8, cl. 1, US Constitution.  States can’t nullify a constitutional law! 7

But while the Tariff Act was constitutional, it was abusive:  Article I, §8, cl. 1 was being used to benefit infant industries in the Northeast at the expense of the southern states. 8

So what’s the remedy “within the purview of the Constitution” for the Tariff Act of 1828?  Madison doesn’t spell it out – but obviously Art. I, §8, cl. 1 could be amended to say that Congress may impose tariffs only to raise revenue to carry out the enumerated powers; and may not impose tariffs in order to benefit domestic industries, or to benefit one section of the Country at the expense of other sections. 9

Washington’s Farewell Address

In his Address, Washington warns that we must require people in the federal government to confine themselves within their constitutional powers; and we must not permit one department [branch] of the federal government to encroach on the powers of the other departments (p. 15-19).  He then says,

“If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.” (p.19)

So Washington is talking about what the people may come to see as defects in the Constitution:

  • If we want one branch of the federal government to have a power which the Constitution delegates to another branch, we should amend the Constitution to redistribute that power.10
  • If we want the federal government to have a power the Constitution doesn’t grant, we should amend the Constitution to delegate the additional power. No matter how desirable it is for the federal government to have the additional power, we must not permit it to exercise the power by usurpation.11

And this is what Alexander Hamilton, who along with James Madison assisted Washington in drafting his Farewell Address, 12 had previously said in Federalist No. 78:  The representatives of the people [Congress] may not violate the Constitution even if a majority of their constituents want them to:

“…Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act…”  (5th para from the end)

Our Constitution isn’t defective, it’s ignored!

Our Constitution is a 5,000 year miracle.  Our problem is everyone ignores it. The solution is to dust it off, read it, learn it, and enforce it.  Downsize the federal government to its enumerated powers.

Demand Proof of what people say before you believe them.

If Americans would follow the example of the Bereans (Acts 17:11) and demand proof of the claims the convention lobby makes, they would spot the false claims and preserve our blessed Constitution.  Judges & Juries require trial lawyers to prove their claims. Demand the same from lobbyists for a convention!

Endnotes:

1 Michael Farris claimed [but couldn’t link to a quote because Mason didn’t say it]:

“George Mason demanded that this provision [the convention method of proposing amendments] be included in Article V because he correctly forecast the situation we face today. He predicted that Washington, D.C. would violate its constitutional limitations and the States would need to make adjustments to the constitutional text in order to rein in the abuse of power by the federal government.”

2 Amendments can’t “rein in” the fed. gov’t when it “violate[s] its constitutional limitations” because when it does so, it is ignoring the existing limitations on its powers. Hello?

3 Mason’s concern was that the new fed. gov’t wouldn’t agree to amendments needed to correct defects in the new Constitution:

  • Under the Articles of Confederation (our 1st Constitution), amendments had to be approved by the Continental Congress and all of the States (see ART. 13). So Art. V of the new Constitution dispensed with the requirement that Congress approve amendments.
  • Who should be able to propose amendments? Madison wanted Congress to propose all amendments, either on their own initiative or at the request of 2/3 of the States.  But Mason said the States should be able to propose amendments without asking Congress because Congress might become oppressive and not permit the States to get the necessary amendments.

So the convention method was added. And it provided a way for States to propose amendments.  But it also provided a convenient opportunity to get a new Constitution, since the delegates would have that transcendent right, recognized in our Declaration of Independence, to throw off one government and write a new constitution which creates a new government.

George Mason hated the new Constitution.  He said on Aug. 31, 1787 that he “would sooner chop off his right hand than put it to the Constitution as it now stands”; and if it wasn’t changed to suit his views, he wanted another convention. Everybody knew that to get a new Constitution, you need a convention.

Madison and the other Framers went along with adding the convention method because they knew the people had the right to meet in convention and draft a new Constitution whether or not the convention method was added to Art. V [e.g., Madison’s letter of Nov. 2, 1788 to Turberville  p. 299 at 2.]; and they couldn’t stop People in the future from doing what they had just done.  So Madison, Hamilton & John Jay promptly started warning of the dangers of another convention: see the Brilliant Men handout.

4 Here’s an illustration of what States soon saw as a defect in our Constitution:  Art. III, §2, cl. 1 delegated to federal courts the power to hear cases “between a State and Citizens of another State”. But when a citizen of South Carolina sued the State of Georgia, the States were outraged!  See Chisholm v. Georgia, 2 U.S. 419 (1793). So the 11th Amendment was ratified to take away from federal courts the power to hear such cases.

5 The Constitution drafted at the federal convention of 1787 delegates only a tiny handful of powers to the fed. gov’t.  See this chart.

6 Madison continues, “… according to a process applicable by the States.”  Madison always said that when States want amendments, they should ask their congressional delegation to propose them.  E.g., Madison’s letter of Nov. 2, 1788 to Turberville (p. 299 at 2.).

7 See Madison’s Notes on Nullification (1835) HERE  (p. 573-607).

8 The Tariff Act of 1828 violated our Founding Principle (2nd para of the Declaration of Independence) that the purpose of government is to secure the rights God gave us. God never gave us the right to be free of competition in business.

9 In the very next paragraph, Madison says that when there is a pattern of usurpations and abuses, we must step outside of the Constitution and resort to the original right of self-defense: resistance, i.e., nullification or revolution (p. 398).

10 E.g., Art. I, §8, cl. 11 delegates to Congress the power to declare war.  But if we want the President to have that power, we should amend the Constitution to delegate that power to the President.  We must not permit the President to exercise that power by usurpation!

11 If we wanted the fed. gov’t to exercise power over labor unions, wages & hours, safety standards, food & drugs, manufacturing standards, agriculture, energy, housing, transportation, education, medical care, the environment, etc., etc., etc., we should have amended the Constitution to delegate those powers to the fed. gov’t.  But we ignored Washington’s advice, and permitted the fed. gov’t to exercise those powers by usurpation.

12 The Introduction to the Farewell Address (p. 3) says that George Washington composed it with the assistance of Alexander Hamilton and James Madison.

08/12/18

The States Determine Qualifications for Voting and Procedures for Registration, and only Citizens may Vote

By Publius Huldah

1. Summary

The federal government is usurping the powers of the States, expressly retained by Art. I, §2, cl. 1, US Constitution, to determine qualifications for voting.  And by perverting Art. I, §4, cl. 1, it is also usurping the States’ reserved power to determine procedures for registration of voters.

Consistent with Principles of Republican Government, every State in this Union has restricted voting to Citizens. 1 But on October 26, 2010 in Gonzales v. Arizona, a three judge panel on the US Circuit Court of Appeals (9th Cir.) construed the National Voter Registration Act of 1993 (NVRA) and asserted that Arizona has no right to require applicants for voter registration to provide proof of citizenship.  I wrote about it at the time HERE. On rehearing, the en banc Court of Appeals agreed with the panel; and on June 17, 2013, in Arizona v. The Inter Tribal Council of Arizona, Inc., the Supreme Court affirmed.

A few months thereafter, California passed a law which permits illegal aliens to get drivers’ licenses; and during 2015, consistent with the unconstitutional NVRA, passed “Motor Voter” providing that when one gets a drivers’ license, one is automatically registered to vote. 2

The federal government is unlawfully mandating that illegal aliens be allowed to vote in our elections.

2. The Concept of “Citizenship”

Emer de Vattel’s The Law of Nations was a Godsend to our Framing Generation because it provided the new concepts our Framers needed to transform us from subjects of a Monarchy to Citizens of a Republic.3 Book I, Ch. XIX, defines “citizens”, “inhabitants” and “naturalization”:

  • “Citizens” are the members of the civil society who are bound to it by certain duties, subject to its authority, participate in its advantages and in the rights of citizens [§212].
  • “Inhabitants” are foreigners who are permitted to settle in the country and are subject to its laws, but do not participate in all the rights of citizens [§213].
  • “Naturalization” is the process whereby the country grants to a foreigner the quality of citizen, by admitting him into the body of the political society [§214].

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