12/14/21

Mark Meckler’s “COS” Board Member has drafted a new Constitution which imposes gun control

By: Publius Huldah (Joanna Martin, J.D.)

Our Framers understood that a free State cannot exist without an armed and trained populace (the Militia).  Accordingly, they wrote a Constitution which prohibits the federal and State governments from infringing the natural right of the People to keep and bear arms.

Under our Constitution, the federal government has no authority to make any laws whatsoever over the Country at Large restricting the rights of the People to keep and bear arms.  Gun control is not an enumerated power.  Furthermore, the Second Amendment expressly forbids the federal government from infringing the right of the People (the Militia) to keep and bear arms.

The States are also prohibited from infringing the right of the People to keep and bear arms by Article I, Sec. 8, clauses 15 & 16, US Constitution.  Those two clauses provide for the Militia of the Several States, and implicitly prohibit the States from making any laws which would interfere with the arming and training of the Militiamen in their States. 1

Applications for Congress to call a convention under Article V, US Constitution

Various groups, such as Mark Meckler’s Convention of “States” (COS) organizations, have been lobbying State Legislators to pass applications asking Congress to call an Article V Convention.

Whether or not State Legislatures should ask Congress to call an Article V Convention is one of the most important – and contentious – issues of our time. The Delegates to such a convention, as Sovereign Representatives of the People, have the power to throw off the Constitution we have and propose a new Constitution, with a new and easier mode of ratification, which would create a new government. 2

The Pennsylvania Senators Roundtable Discussion

On November 8, 2021, several Pennsylvania Senators conducted a roundtable discussion about whether they should pass Mark Meckler’s “COS” application (SR 152) for Congress to call an Article V convention.  In addition to Mark Meckler and his allies, two large gun rights organizations, Gun Owners of America and Firearms Owners Against Crime 3 were present at the roundtable.

Much of what Meckler said at the roundtable is not true.  But this paper focuses on his comments ridiculing his opponents’ concerns that, if there is an Article V convention, we could lose our existing Right to keep and bear arms.

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10/23/21

Jeff Cooper: The Forgotten History of Lt. Col. Cooper and his Impact on Combat Readiness

By: Sam Jacobs | Ammo.com

history of jeff cooperThe United States Marines have a saying: “Every Marine a rifleman.” That being said, some of them are pretty handy with a pistol, too.

Lt. Col. Jeff Cooper literally wrote the book on modern handguns in combat. In fact, you’re probably already acquainted with a number of concepts he introduced to the world of pistols, even though you might not know his name. Some of them are so common sense and simple that it’s hard to believe anyone had to invent them.

This was the genius of Jeff Cooper.

Jeff Cooper’s Marine Corps Career

It’s impossible to tell the story of Jeff Cooper without talking about the United States Marine Corps. Indeed, Cooper enrolled in the Junior ROTC program when he was still studying at Los Angeles High School. He then attended Stanford, earning a degree in political science before receiving his commission in the United States Marine Corps.

During World War II he served in the Pacific Theater, earning the rank of major. In 1949, he resigned his commission, but duty called during the Korean War and so, Cooper returned. He served in irregular warfare and earned a promotion to Lieutenant Colonel. After the war, he applied to remain on active duty but was rejected.

From there, Cooper earned a master’s degree in history and taught part-time at a high school and a community college. Here he remained until the early 1970s when he applied his passion for teaching to his passion for weapons.

It was in 1976 that Cooper founded the American Pistol Institute, now known as the Gunsite Academy. While he primarily taught rifles and shotguns to law enforcement, the concepts developed by Cooper during his time running the American Pistol Institute for pistols and long arms alike are used by every intelligent and responsible gun owner to this day.

jeff cooper and his wife

Jeff Cooper’s Combat Readiness

It was at the American Pistol Institute that Cooper developed the modern technique of the pistol. This was his system for pistol combat. Without knowing what it’s called or who invented it, much of it will seem familiar to you:

  • Large caliber, semi-automatic pistol: Cooper was an early advocate of the 1911 and a big caliber to go in it. At a time when most men favored wheel guns, Cooper believed there was simply no substitute for a semi-automatic with a big round like a .45 ACP.
  • The Weaver stance: Opinions vary on the best stance for combat, but Cooper was a strong supporter of the Weaver stance, developed by Los Angeles County Deputy Sheriff Jack Weaver through his experiences in competitive shooting.
  • The draw stroke: Cooper preached the importance of the draw stroke. A holstered weapon doesn’t do anyone any good. So Cooper drilled his students to consistently practice drawing their weapon with perfect form to be combat-ready.
  • The flash sight picture: Just as a holstered weapon is useless until drawn, so too is a weapon useless if not pointed in the right direction. The flash sight picture is a method of quickly targeting an attacker with sufficient accuracy. It is essential in life-or-death situations.
  • The compressed surprise trigger break: Considered the “secret” of quick and accurate shooting, the compressed surprise trigger break, which is a somewhat more sophisticated version of the “double-tap.” While Cooper did not invent the double-tap, he systematized the training for such.

All of the above are basic combat training for civilians, military, and law enforcement alike. While Cooper didn’t “invent” any of it, per se, he synthesized previously existing methods into a cohesive program of combat readiness just about anyone could learn.

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10/7/21

DOJ Considering Parents vs. School Boards as Terrorists

By: Denise Simon | Founders Code

The National School Boards Association wrote a 6-page letter to President Biden. The full letter is here. In part:

As these threats and acts of violence have become more prevalent – during public school board meetings, via documented threats transmitted through the U.S. Postal Service, through
social media and other online platforms, and around personal properties – NSBA respectfully asks that a joint collaboration among federal law enforcement agencies, state and local law enforcement, and with public school officials be undertaken to focus on these threats. NSBA specifically solicits the expertise and resources of the U.S. Department of Justice, Federal Bureau of Investigation (FBI), U.S. Department of Homeland Security, U.S. Secret Service, and its National Threat Assessment Center regarding the level of risk to public schoolchildren, educators, board members, and facilities/campuses. We also request the assistance of the U.S. Postal Inspection Service to intervene against threatening letters and cyberbullying attacks that have been transmitted to students, school board members, district administrators, and other educators.

As these acts of malice, violence, and threats against public school officials have increased, the classification of these heinous actions could be the equivalent to a form of domestic terrorism and hate crimes. As such, NSBA requests a joint expedited review by the U.S. Departments of Justice, Education, and Homeland Security, along with the appropriate training, coordination, investigations, and enforcement mechanisms from the FBI, including any technical assistance necessary from, and state and local coordination with, its National Security Branch and Counterterrorism Division, as well as any other federal agency with relevant jurisdictional authority and oversight. Additionally, NSBA requests that such review examine appropriate enforceable actions against these crimes and acts of violence under the Gun–Free School Zones Act, the PATRIOT Act in regards to domestic terrorism, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, the Violent Interference with Federally Protected Rights statute, the Conspiracy Against Rights statute, an Executive Order to enforce all applicable federal laws for the(…)

UPDATE: Cape school board meeting ends in protest | Cape Gazette

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08/17/21

Defeat “COVID” Mandates by Restoring the Genuine Meaning of the “Privileges and Immunities” and “Due Process” Clauses

By: Publius Huldah

Our Constitution of 1787 is a glorious Document.  But we didn’t read it, we didn’t adhere to its genuine meaning, and we permitted judges to redefine its terms.  We must put a stop to that.  The following draft 1 Resolution for State and local governments shows how, by restoring the genuine meanings of the “privileges and immunities” and “due process” clauses, we can defeat “COVID” tyranny.

Right to Freedom from “COVID” mandates – Model Resolution for State and local governments

I. The Law

WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the Organic Law of our Land, and recognizes that our Rights come from the Creator God; that among these Rights are Life, Liberty, and the pursuit of Happiness; and further, that the purpose of government is to secure the Rights God gave us; and

WHEREAS, the Constitution of the United States is one of enumerated powers only; and We The People did not grant to the federal government power over the Country at Large to interfere in medical or health matters;  to dictate that injections be administered to The People; to impose quarantines or “lock-downs” for real or pretended diseases; to establish internment (concentration) camps for the purpose of confining whomsoever the federal government wishes to confine; to require that The People wear devices such as face masks, or to obtain and carry internal passports; or to exercise any other such control over the sanctity of our persons; and

WHEREAS, the First Amendment of the Constitution of the United States provides,

“Congress shall make no law … abridging the right of the people peaceably to assemble…”; and

WHEREAS, the privileges and immunities clauses of the Constitution of the United States provide:

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (Article IV, § 2)

“…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” (§1 of the Fourteenth Amendment); and

WHEREAS, the due process clauses of the Constitution of the United States provide:

At the Fifth Amendment, that “No person shall…be deprived of life, liberty, or property, without due process of law…”; and

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06/22/21

The FBI is the KGB

By: Cliff Kincaid | America’s Survival

Pro-family activist Arthur Schaper discusses his encounter with FBI agents who showed up at his door to grill him about the events of January 6. He wasn’t there when military veteran Ashli Babbitt was murdered by the Capitol Police, but they wanted to question him anyway. It’s another indication that the FBI has become an enforcement arm of the Biden regime’s imposition of Cultural Marxism on the nation. Schaper was apparently monitored by the FBI because his group rescues young people from the clutches of sexual militants and seeks to restore Christian traditions of morality to America. Both Schaper and ASI TV host Cliff Kincaid discuss the abolition of the FBI.

01/4/21

What the Constitution REQUIRES Congress to do on January 6, 2021

By: Publius Huldah

  1. The Rule of Law is being erased in our Land

Several years ago, I saw a movie on TV.  The setting was Berlin, Germany just after WWII at the time the Soviets were laying rolls of barbed wire on the ground to mark the border between East and West Berlin.  The main characters were a young American woman and a young German man. He had gotten a law degree while Hitler was taking over Germany, but he never practiced law.  She asked him why and he said, “The Law disappeared”.

And that’s what’s going on in our Country:  The Law – as the standard which those in government must obey – has disappeared and is being replaced by the age-old system where those with the power do what they want, and the cowards go along with it.

Just as the cowards in Germany went along with Hitler; cowards in America are going along with the Left’s brazen theft of the recent election.  Countries are destroyed by such cowards; and that may be the reason Revelation 21:8 lists cowards as the first to be thrown into the Lake of Fire:  Tyrants couldn’t get to first base without the acquiescence of cowards.

So this paper calls upon each Member of Congress to rise up and restore the Rule of Law to our Land.Knowledge of Truth – and the Love of Truth – makes us strong.  So, learn the Truth, embrace it, and restore the Rule of Law.

  1. We must read each Part of the Constitution in the Light cast by the other Parts

It is impossible to understand any part of the Constitution without understanding how that Part fits into the Whole; and how each individual Part is affected by the other Parts addressing the same subject. Accordingly, it is an ancient rule of construction that constitutional provisions or statutes that are on the same subject (in pari materia) must be construed together [link].

So it is a serious misconstruction of the 12th Amendment to assert that Congress’s role on January 6 is the passive one of merely counting numbers; or that the Presiding Officer has the discretion to do whatever he wants.

As shown below, specific provisions of the Constitution impose on Congress the Duty to determine whether the Electors were lawfully chosen; and whether the putative President-elect and Vice-President-elect are qualified for office.

  1. When it meets on January 6, Congress must enforce these Constitutional provisions respecting the Appointment of Electors

Article I, §4, clause 1; Article II, §1, clause 2; and Article II, §1, clause 4

Art. I, §4, cl. 1 says that only state and federal legislatures have the power to make laws addressing the Times, Places, and Manner of conducting federal elections.  So Judges and State executive officials have no lawful authority to change the election laws made by the Legislatures!

Art. II, §1, cl. 2 says that the Electors for President and Vice-President are to be appointed in such manner as the State Legislatures shall direct.  So Judges and State executive officials have no lawful authority to change the election laws respecting how the Electors are to be chosen!

So Electors who were appointed in violation of these two provisions were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President.

Art. II, §1, cl. 4 provides that Congress may determine the Time of chusing the Electors.  At 3 USC §1, Congress set the time for chusing Electors for November 3.  So Electors who were appointed after November 3 by means of late ballots (which was made possible by unconstitutional changes to state election laws which unlawfully extended the deadlines for receiving ballots past Nov. 3) were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President. 2

  1. Congress must also enforce these Constitutional provisions respecting the qualifications for the Offices of President and Vice-President

Article II, §1, clause 5

Art. II, §1, cl. 5 sets forth qualifications for the Office of President.  After our first generation of Presidents [who were all born as subjects of the King of England] had passed away; the qualifications for President are that he must be a “natural born citizen”, at least 35 years of age, and have been for at least 14 Years a Resident within the United States.

The last sentence of the 12th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. 3

The 22nd Amendment

The 22nd Amendment imposes term limits on the office of the President.  So any person who has already served two terms is constitutionally ineligible to be President.

The 20th Amendment, §3

§3 of the 20th Amendment addresses what happens when the President-elect and/or Vice-President-elect “fail to qualify”. So §3 underlines Art. II, §1, cl. 5; the last sentence of the 12th Amendment; and the 22nd Amendment: If the President-elect or the Vice-President-elect “fail to qualify”, they are to be passed over.

So!  The Constitutional scheme is that the Electors’ choice is subject to Congress’ determinations of:

  • whether the requirements of Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 were obeyed when the Electors were selected; and
  • whether the persons whom the Electors chose meet the requirements of Art. II, §1, cl. 5; the last sentence of the 12th Amendment, and the term limits provision of the 22nd

If not, Congress must disqualify the persons.

  1. Congress is also bound by these Constitutional provisions

The Guaranty clause at Article IV, §4

Art. IV, § 4 says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…” [emphasis added]

Since the essence of a “Republic” is that power is exercised by representatives elected by The People; 4 the violations of Art. I, §4, cl. 1; Art. II, §1, cl. 2; and Art. II, §1, cl.4  (which made massive election fraud possible) strike at the heart of our Constitutional Republic.

When Electors are selected in violation of our Constitution by means of last minutes changes unlawfully made to state election laws; and/or an election is stolen by means of fraud, the Right of The People to choose their Representatives is taken away from them – and the Republic is destroyed.

Art. IV, §4 imposes on Congress the Duty to guarantee lawful and honest federal elections.  Congress can do this by enforcing Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 by disqualifying the Electors chosen in contravention of those provisions.

Congress may (and should) also disqualify Biden and Harris on the additional ground that their pretended election was procured by cheating.  They must be stripped of their sham “win”. 5

The Supremacy clause at Article VI, cl. 2

Art. VI, cl. 2 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…” [italics added]

Only those Acts of Congress which are consistent with the Constitution are part of the supreme Law of the Land. 6

Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:

  • require Congress to accept slates of Electors who were appointed in violation of Art. I, §4, cl.1; Art. II, §1, cl. 2; and Art. II, §1, cl. 4;
  • require Congress, in the case of dueling slates of Electors, to choose the slate signed by the Governor of the State and reject the slate approved by the State Legislature; 7 and
  • eliminate the 12th Amendment’s dispute resolution procedures under which the House of Representatives chooses the President, and the Senate chooses the Vice-President. 8  

But, contrary to what some have asserted, the 12th Amendment most manifestly does NOT vest exclusive authority and sole discretion in the President of the Senate (Vice-President Mike Pence) to determine which slates of Electors for a State are to be counted and which slates are to be rejected!

As President of the Senate, the Vice-President has certain Parliamentary powers at his disposal; but he has no “discretion” in deciding whether he will adhere to the Constitutional framework governing the Election.  He – and every other Member of Congress – must adhere to and enforce each Constitutional provision.

The Oath of Office at Article VI, cl. 3

Every Member of Congress is bound by Oath or Affirmation to support our Constitution.  On January 6, you must lay aside all personal considerations.  Do your DUTY as set forth in the Constitution.  And remember:  This isn’t about Trump – this is about whether our Republic is to survive.  If you permit violations of the Constitution and the resulting fraud to prevail; you will destroy our Republic.

  1. Our Constitution sets up an elegant system of checks and balances

One of the benefits of the “separation of powers” principle is that it provides a mechanism for one power to correct violations made by another power. Within the federal and state governments, powers are divided into three Branches: Legislative, Executive, and Judicial.  Each Branch has the duty to “check” the violations of the other Branches.

Likewise, the power of the State governments is separated from the power of the federal government.  When people within State governments violate the Constitution – as was done in the recent election – it is the Duty of the federal government to “check” the violation.  Since Electors were chosen in violation of the Constitution; Congress has the Duty to check the violations and reject those Electors.

Endnotes:

1 The term, “rule of law”, is defined here at Point 7.

2 The same Principle applies to Electors who were chosen before Nov. 3 pursuant to [unconstitutional] state election laws which permit early voting for selection of Electors.

3 It appears that at the time Kamala Harris was born, her parents were not US Citizens.  If so, she is constitutionally ineligible to be President or Vice-President [link].  Congress has the duty to inquire into this matter; and if they find that she is not a “natural born citizen” within the original intent of Art. II, §1, cl.5, it is Congress’ Duty to disqualify her.  Congress is the body that is charged with determining the eligibility of the President and Vice-President [link].

4 Federalist No. 10 (J. Madison): “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

5 If you win a medal at the Olympics, and it’s later discovered that you cheated by taking performance-enhancing drugs, you will be stripped of “win” and medal – and both will be awarded to your runner-up. The same principle applies to stolen elections.

6 Federalist No. 78, 10th para (A. Hamilton): “…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; ….” [emphasis mine]

7 Art. II, §1, cl. 2 provides that the State Legislatures have the power to direct how the Electors are to be appointed!  The State Governor has no constitutional power whatsoever in the selection of Presidential Electors!

8 To the same effect, see the Complaint recently filed by US Representative Louie Gohmert [link].

12/30/20

Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal!

By: Publius Huldah

Here is the interview Alex Newman of The New American Magazine and I did on December 23.

  1. The Supreme Court’s Dereliction of Duty

The Pennsylvania Lawsuit

As pointed out in the interview [and previously here], Art. I, §4, cl. 1, US Constitution, delegates to state and federal legislatures alone the power to make the laws addressing the “times, places and manner” of conducting federal elections.  In addition, Art. II, §1, cl. 2 provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed.

But in Pennsylvania (and other States), Judges and State Executive Branch officials changed the laws made by their State Legislature in order to permit fraud of such a massive scale as would enable the theft of the election for the Biden/Harris ticket.  Accordingly, during late September, the Republican Party of Pennsylvania filed a lawsuit challenging the unconstitutional changes to the State election laws. They lost in the Pennsylvania Supreme Court and asked the US Supreme Court to review it.

But the Supreme Court dragged its feet.  So on October 28, Justice Alito (who is the “go-to” Justice for the US Circuit in which Pennsylvania is located), issued a statement [link] where he identified violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 as an issue of “national importance” which “calls out for review” by the Supreme Court; and that the Court should decide this issue BEFORE the election.  He warned that the Supreme Court’s inaction on the “important constitutional issue” raised in the lawsuit has created conditions that could lead to “serious post-election problems.”

Justices Thomas and Gorsuch joined Justice Alito in his Statement – but nobody else.

The Supreme Court still hasn’t announced whether they will review the decision of the Pennsylvania Supreme Court. They set this case for conference (among themselves) on January 8 [link] – which is two days after Congress meets to count the votes.

The Texas Lawsuit

The Supreme Court’s handling of the Texas lawsuit was equally egregious.  The Texas case alleged that using COVID-19 as an excuse, state government officials in Pennsylvania, Georgia, Michigan, and Wisconsin usurped their State Legislature’s authority and unconstitutionally revised their State’s election statutes.  These changes made massive election fraud possible.  The Complaint sets forth compelling facts alleging the massive and coordinated fraud used to steal the November 3 election.

But the Supreme Court refused to hear the case, claiming that Texas “lacked standing” to bring the action.  They were dead wrong.  Here’s why:

Article IV, §4, US Constitution, says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

The essence of a “Republic” is that sovereign power is exercised by representatives elected by The People.1   Accordingly, the violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 – which made the massive election fraud possible – strike at the heart of our Constitutional Republic.

Obviously, when an election is stolen by corrupt politicians and political parties – with the connivance of Judges and State election officials – the Right of The People to choose their Representatives is taken away from them.

And this is why the State of Texas has “standing” to bring the lawsuit: Art. IV, §4, is for the benefit of the States who comprise this Union. The States created the federal government when they ratified the Constitution.  The Supreme Court is merely the “creature” of that Constitution, and they may not lawfully act in contravention of the Document under which they hold their existence.

The US Supreme Court is required to act so as to preserve the Republican Form of Government for Texas and all other States.   They shirked their Duty.  Shame on the Supreme Court!

  1. Attorney General William Barr’s Dereliction of Duty

Article IV, §4 also imposes on the US Attorney General – as part of the Executive Branch of the federal government – the Duty “to guarantee to every State in this Union a Republican Form of Government…”

Accordingly, the Attorney General has the Duty to prosecute persons engaged in federal election fraud; and he has the Duty to file civil actions addressing the election fraud – such as suggested by constitutional litigators William J. Olson & Patrick M. McSweeney in their Christmas Eve article here.

But not only did Barr not lift a finger to fight the fraud – he denied there was any fraud. He too shirked his constitutional Duty.  Shame on William Barr!

  1. Will Congress also shirk their Constitutional Duty?

Article IV, §4 also imposes on Congress the Duty to guarantee to the States a Republican Form of Government.

Section 3 of the 20th Amendment imposes on Congress the additional Duty of determining whether the President-Elect and Vice President-Elect have “qualified” for office [respecting that, this short post will help you].

Congress has the ability to perform its sacred Duty under Art. IV, §4, by disqualifying Biden and Harris on the basis that their election was procured by changes to State election laws made in violation of Art. I, §4, cl. 1 and Art. II, §1, cl. 2, which made possible the brazen fraud which resulted in the theft of the election for Biden and Harris.

Kamala Harris should be disqualified on the additional ground that she is not a “natural born citizen” as required by Art. II, §1, cl. 5 and the 12th Amendment [link].

But shockingly, it appears that some Republicans in Congress intend to go along with the fraud, and will use as an excuse the silly claim that presidential elections are up to the States and Congress shouldn’t bully the States!

But that would constitute aiding and abetting of election fraud, and a shirking of Constitutional Duties.  Congress!  Do not strip The American People of their right to honest federal elections!

  1. The Fraudulent Election is an Act of War against the People of the United States

This was not just another election.  This was a planned and coordinated attack on the People of the United States. If we don’t defeat the fraud, the People of the United States will have been stripped of their sovereign power to choose their own Representatives. 2

This is an Insurrection against the sovereign power of WE THE PEOPLE. Traitors within our local, state, and federal governments have conspired with one another – and apparently foreign agents – to take our sovereign power away from us.  And cowards are going along with it.

  1. President Trump has constitutional and statutory authority to carry out the duty imposed on him by Art. IV, §4

If, when it meets on January 6, Congress too shirks its constitutional Duty to guarantee honest federal elections and refuses to disqualify Biden & Harris; then the President is our last hope (within the purview of the Constitution). 3 Not only does Art. IV, §4 impose this duty on the President; he is also bound by his Oath of Office to “preserve, protect and defend the Constitution of the United States” (Art. II, §1, last clause); and, by Art. II, §3, to “take Care that the Laws be faithfully executed”.  These three provisions impose upon him the duty to act so as to preserve the Federal Constitutional Republic created by our Constitution of 1787.

And he has the constitutional and statutory authority to carry out his Duty:

Call up the Militia!

Article I, §8, cl. 15 authorizes Congress

…“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” [italics added]

Congress “provided for” calling forth the Militia by delegating to the President the authority to use his own judgment respecting whether to send the Militia into any State:

  • To enforce the Laws of the United States [10 USC §252];
  • To suppress uprisings which deprive the people of the rights, privileges, and immunities, and protections recognized in the Constitution and secured by law, and the State government isn’t protecting those rights [10 USC §253]; and
  • To suppress uprisings that oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC §253].

So the Militia may be called forth:

  • To enforce I, §4, cl.1 (which requires that only state and federal Legislatures may make laws respecting the times, places, and manner of holding federal elections);
  • To enforce II, §1, cl.2 (which provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed);
  • To enforce IV, §4 (which requires the United States to guarantee to the States a Republican Form of Government); and
  • To suppress the Insurrection which is right now going on in our Country.

A Brief History of the Militia

The term, “Militia”, refers to the armed and trained male Citizens.  The Militia Act of 1792 provided for the arming and training of these male Citizens [link]. Our Framers did not want a standing professional Army – that’s why appropriations for the regular Army were limited to two years (Art. I, §8, cl. 12).  Enforcement of federal laws, suppression of Insurrections, and much of the national defense were to be the responsibility of the MilitiaWhen the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing!   During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! 4

But with the Dick Act of 1903, the organized Militia was converted into the National Guard – which is an adjunct of the federal military.  And with 10 USC § 246, Congress redefined “Militia” to consist of two classes:

“(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Earlier this year, in response to the violent Insurrections in the cities, Edwin Vieira, JD., Ph.D. (our Country’s foremost authority on the Militia) showed here how President Trump has the authority to send the Militia into the cities to suppress the Insurrections.  But as discussed here [at endnote 11], President Trump’s two previous Secretaries of Defense apparently indicated that they would not obey orders to send the National Guard into the cities.  Will Chris Miller, the present acting Secretary of Defense, be any better?

But if President Trump calls up “the unorganized militia” – which remains in existence as recognized by 10 USC §246 and which has his back – to enforce Art. I, §4, cl.1; Art. II, §1, cl.2, and Art. IV, §4 – he doesn’t need the cooperation of any deep state Secretaries of Defense.

  1. Calling up the Militia is not equivalent to imposing “martial law”!

I implore Patriots to become precise in their use of terminology.  Calling up the Militia for the purposes at Art. I, §8, cl. 15 is not “imposing martial law” [and it’s not “Marshall law”]!  Martial Law is typically imposed during wartime when invading military forces disband civilian governments [including the courts] in the occupied country and replace the civilian government with direct military control of civilian populations.

  1. What is “the rule of law”?

The “rule of law” is a term which politicians and Attorneys General, who have no idea what it means, love to sling around:  In his recent address to students at Hillsdale College, former Attorney General Barr said the “rule of law” means “treating everyone the same”. That’s not even close.

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.  The Bible shows that Kings governed justly only when they governed in accordance with the Law of God.  In our country, the civil authorities govern justly only when they obey our Constitution.  See: Lex, Rex, by Rev. Samuel Rutherford (1644) and here under the subheading, “1. The Civil Authorities are under the Law.”

  1. This isn’t about Trump – it’s about defending our Constitutional Republic from enemy attack

It doesn’t matter what you or I think of President Trump: there is much to criticize about his policies.  This fight is about whether our Republican Form of Government, with honest & verifiable elections, is to be restored; or whether our Right to choose our Representatives is to be stripped from us forever.

Endnotes:

1 Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

2 “…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.”  Federalist No. 22, last para (A. Hamilton).  This is what we will lose if Congress and the President permit the cheats and subversives to get away with the election fraud.

3 If Congress and the President both shirk their Constitutional duties and “betray their constituents, there is then no resource left but in the exertion of that original right of self-defense …” Federalist No. 28 (A. Hamilton).  Much blood will be on the hands of those who acquiesced in the fraud.

4 Not armed thugs from federal executive agencies such as the FBI, BATF, etc., etc., etc.!

12/12/20

A Republic If We Can Keep It

By: T.F. Stern | Self-Educated American

(Image of Ben Franklin courtesy of factfile.org)

This past month has been a roller coaster ride for anyone trying to figure out which candidate actually won the election. I was tempted to use the term ‘earned’ rather than won; but that would give away my feelings about cheaters, swindlers, liars, and the rest of the Democrat Party.

Ben Franklin has been quoted when asked if we had a monarchy or a republic, “A Republic if you can keep it.” He may or may not have actually said those words exactly as history has claimed. Rather than share without having done my homework, I looked it up. The first reference that came up on Google was from the Washington Post’s coverage of last year’s phony impeachment hearings, a treasonous coup attempt to remove President Donald Trump.

The inclusion of Ben Franklin’s quote in that particular article is… interesting, well, actually far beyond interesting; but I can’t print my actual thought as it violates decency in many ways.

There was a coup attempt, masquerading as an impeachment hearing by the Democrat Party to remove the sitting President of our Constitutional Republic and they’re quoting Ben Franklin… un-bye-god-believable!

I can say it was a phony impeachment hearing because evidence has since come to light; the entire investigation into Trump’s dealings with Russia was in fact a creation, a fabrication, or a scheme cooked up by Hillary Clinton to take her out of the spotlight for her illegal private server, a felony.

An article by Steve Nelson in the New York Post dated October 6, 2020, explained the timing. That story didn’t make the rounds of the major news networks, gee-whiz; is anyone surprised?

“Ratcliffe’s initial disclosure said that, according to Brennan’s notes, Clinton allegedly approved the scheme on July 26. The minor inaccuracy shortens the window of time between Clinton’s alleged approval of the plot and the FBI opening its investigation of possible Trump-Russia collusion on July 31, 2016.”

Amazingly, the FBI and DOJ didn’t see any wrongdoing and Hillary Clinton walked away, free to continue as if nothing ever happened. I haven’t done the research; but somewhere down the line, the folks who didn’t see anything wrong with Hillary Clinton’s criminal behavior must have ties to the deaf, dumb and blind Justices on our Supreme Court.

This past week the Supreme Court of the United States declined to hear a lawsuit contesting corrupt and fraudulent elections that affect all other states. Only two of the sitting Justices were willing to hear the evidence while the others did absolutely nothing to uphold the integrity of the election process which determines who will be President.

Saddened would be a mild description of how many American citizens feel at this time.

Here’s Allen West’s statement dated December 11, 2020, as Chairman of the Texas Republican Party’s official response:

“The Supreme Court, in tossing the Texas lawsuit that was joined by seventeen states and 106 US congressman, has decreed that a state can take unconstitutional actions and violate its own election law. Resulting in damaging effects on other states that abide by the law, while the guilty state suffers no consequences. This decision establishes a precedent that says states can violate the US constitution and not be held accountable. This decision will have far-reaching ramifications for the future of our constitutional republic. Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution.”

Where does that leave us?

Some have suggested forming a new nation, one that actually follows the Constitution while the remaining nation of criminals, liars, and thieves go on doing business as usual.  Perhaps that would work, but a nation divided cannot stand.

My thoughts turned to Captain Moroni, the last prophet in the Book of Mormon in charge of the sacred plates around 400 AD (you’ll notice I refuse to refer to it as CE for Common Era). He was instructed by the Lord to bury the sacred records in the Hill Cumorah near Palmyra, New York, so they could come forth in our day. Moroni witnessed the destruction of his people because of their iniquity and their refusal to repent, to follow the commandments, and come unto the Lord, Jesus Christ… and yet, he remained faithful, even joyful in his mortal life.

The honest hard-working individuals who try to do their best each day… have had the rug pulled out from under them, but will eventually understand what has happened. It is my hope we will endure in spite of the corruption that’s taken over, the attacks to destroy liberties that God has provided. Do we have the courage to be as Captain Moroni, to have hope, faith, and charity in spite of all that is going on around us? Ahhh, that’s a true test that we’ve been given.

With all that is happening, it makes me admire the wisdom of our founders, individuals like Ben Franklin who recognized the wondrous miracle of our newly formed Republic; that and his warning… if we can keep it.


t-f-stern-1Self-Educated American, Senior Edi­tor, T.F. Stern is both a retired City of Hous­ton police offi­cer and, most recently, a retired self-employed lock­smith (after serving that industry for 40 plus years). He is also a gifted polit­i­cal and social com­men­ta­tor. His pop­u­lar and insight­ful blog, T.F. Sterns Rant­i­ngs, has been up and at it since January of 2005.

11/15/20

It’s Hard to go Forward when you’re Stuck in Reverse

By: Carolyn Alder

The battle every four years to capture the White House is a lose/lose situation.  It seems we are on the verge of self-destruction as the battle rages in the streets, in the media, in Congress, and in the courts.  We have civil unrest instead of domestic tranquility. The other party is not the enemy, party politics is the enemy.  I do not like being stuck in reverse in the political swamp of deceit, revenge, and despair.  But how do we move forward out of the political quicksand pulling us under? The solution is staring us in the face, but we have been ignoring it and abusing it for over 200 years—return to the Constitution.

The original Constitution was designed to select a president without a battle. Sadly, even many of the Founders and Framers took up party banners and were part of the trend to become partisan politicians instead of statesmen.  Instead of following the non-partisan path to statesmanship designed in the Constitution, they pushed toward a democracy of party politics.  George Washington expressed his dismay of this reversal in his farewell address:

“The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.”

When all else fails—go back and read the instructions. The original Constitution outlined a far superior, non-partisan, multi-step, indirect process to elect a statesman (rather than a partisan politician) to be President of the United States.

The Presidential Electors were to be the first step in the process—not a meaningless rubber-stamp, after years of campaigning, advertising, political revenge, and a popular vote based on campaign promises and government handouts.

Article II, clause ll:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives…”

It was presumed that the Presidential Electors, would be persons carefully chosen based on their wisdom and experience.

“The Electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.”

The constitutionally assigned duty of each Elector was to nominate two presidential possibilities worthy of such a high office.  (Voting for two precluded campaigning for one.)  There were no pre-printed ballots because the Electors were to provide the names of potential candidates, not choose between predetermined candidates.  The Electors were independent and expected to always vote their conscience.  Now, if an Elector casts a vote different than the name submitted by their party, he is called a faithless Elector.  The Electors in each State did not need to agree.  Each Presidential Elector was to submit names of outstanding individuals who had proven themselves to be wise, responsible, uphold the principles of freedom, and the Constitution.  Then,

“They shall make a List of all the Persons voted for, and the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government…”

This was the original nominating process outlined in the Constitution. Now we send party delegates to party conventions and support candidates who have effectively self-nominated, to decide who is most likely to defeat the opposing party’s candidate.

The machinations of party politics early-on hijacked the constitutionally assigned duty of the Presidential Electors.  These machinations led to a hastily written and hastily ratified 12th Amendment in order for parties to select both a President and a Vice-president. It states:

“The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves, they shall name in their ballots the person voted for as President, and in distinct ballots the person for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of the government…”

Even with separated lists, Presidential Electors could discuss outstanding statesmen with other Electors in their State. Each Elector was to be an independent thinker, not a rubber-stamp to someone else’s opinion or even to a consensus of opinions.  They were the ones charged with the nominating process.

Then in a joint session of Congress, the President of the Senate opened the sealed certificates and the votes were tallied.  This is when the candidates would be known.  A majority vote of the whole number of Electors appointed (This would be extremely rare without manipulation.) is required for each office. Otherwise,

“the House of Representatives shall choose immediately, by ballot, the President, the votes shall be taken by states, the representation from each having one vote…a majority of all the states shall be necessary to a choice,”

This type of federal system construction meant that the States (the House of Representatives) would, with extremely rare exceptions, make the final election.  Each State having one vote is an important safeguard to liberty in a federal republic.

Even the 12th Amendment did not actually authorize a popular vote for president even though it greatly facilitated this perversion by political parties of the original plan.

Party politics have destroyed constitutional government in many ways, too numerous to describe here.  Every State Legislature has turned their constitutionally assigned duty of choosing wise Presidential Electors over to the political parties.

The battle of an endless war rages on.  We can’t go forward because we are stuck in reverse in the political swamp. To go forward, a start to restoring the Constitution would be for the States to take back their constitutional responsibilities, such as appointing Presidential Electors who can do their job as described above.

The structure of the original Constitution was intelligently designed to establish and safeguard freedom.  The United States was to be a constitutional representative republic not a democracy.

See:

The Evolution and Destruction of the Original Electoral College

11/6/20

Remember Churchill’s Words to “Never Surrender”

By: Cliff Kincaid

Ben Shapiro is a good talker who can win arguments with left-wingers. But his column, headlined, “No Matter the Outcome, the Woke Lost,” is self-defeating. Operating on the basis of the phrase, “When life gives you lemons, make lemonade,” he seems to think Trump may have lost but the left lost, too. So we’re all losers? That’s not a good approach as we move forward.

The fact is that Joe Biden lost and President Trump won. That’s what Trump is saying, with evidence, and I believe him.

If Shapiro disagrees, let him prove that Biden won legitimately. Trump has cited the evidence of fraud that we saw with our own eyes, as ballot dumps turned Wisconsin and Michigan against Trump. Other states are falling to Biden under equally mysterious circumstances. What more evidence do we need?

As Biden might say, “Come on, man.”

His bio says that Ben lives with his wife and three children in Los Angeles. As a result, I have to question his common sense. Get out of California, Ben. You are living in occupied territory. We are fighting to keep the rest of America free.

Ben has his place, but he was never pro-Trump. By contrast, Alex Newman is a great young journalist who was sympathetic to Trump and has now published a piece, “Massive Vote Fraud Across U.S. as Trump Decries Attempted Coup.”

The evidence cited in this column is what Ben Shapiro and his sponsors at CNSNews.com should be focusing on.

Please, CNSNews.com editor Terrence Jeffrey, stop wasting our time with limp-wristed commentary from never-Trumpers during this critical period of time. This is the time to assume that the media-declared Biden “win” is a fraud and that Trump, who is claiming victory, has been re-elected.

As another Democrat, Bill Clinton might say, that’s our story, and we’re sticking to it. In this case, however, our side of the story is buttressed by the evidence.  It’s important to operate on the assumption that Trump, as he claims, has been re-elected.

Anybody who depends on the “official” tally, which comes from those opposed to Trump, is a fool or agent of the opposition.

What we have to guard against is the unfortunate tendency of some “conservatives” to sell out, in order to curry favor with their would-be rulers.

Here’s how Alex Newman begins his column: “Reports, videos, and other evidence of rampant and brazen voter fraud from all across the country — especially in jurisdictions controlled by Democrats — continue pouring in faster than the Big Tech giants can censor it and the fake ‘fact-checking’ industry can dishonestly attempt to discredit it.”

Alex is exactly right, and I suggest reading the rest of his article here. Alex is also an expert on the Deep State and the New World Order. He contributed to one of my books exposing Barack Hussein Obama.

We are in a constitutional crisis and the election scandal is part of it.

But even this fraud cannot be viewed in isolation, as it comes after various attempts to take down this president. Vote fraud follows the fake news Russia dossier and the impeachment drive.

We know the FBI and FBI used Russian disinformation against Trump. What’s more, impeachment was designed to accuse Trump of the corruption that Biden and his son were engaged in. We know all of this. So why do we think that the Democrats would conduct an election fairly and honestly?

So please, Ben, don’t question the “outcome.” We already know who won. Don’t be a doubting Ben.

Ben is a young man, and my three sons are young, too. That’s why they have to understand what is really happening here. It is unprecedented. The corruption is more deadly than the China virus.

One of my readers said to me, “I am 72 years of age. Until the last few years, I would never have believed what I’m seeing take place in the country could take place/happen. The road we are on is a bad one indeed, and I’m glad I don’t have many years left to see what appears to be an eventual fall of the nation.”

This is really sad. I don’t agree that the nation is destined to fall.

“People are never going to give up on this country,” Rush Limbaugh just said on his radio show today. Here’s a man facing death’s door. But he has faith in God and America. We pray for his health and the health of our country.

He’s exposing the vote fraud apparatus. He’s not giving up. He’s trying to inspire conservatives to take the fight to the opposition.

Trump has a very good lawyer in his corner, the former U.S. Attorney and New York City Mayor Rudy Giuliani. He brought down New York’s Mafia families. He exposed the Hunter Biden laptop and is now out front on the fraud issue.

By contrast, Biden is a weak man, apparently controlled by Obama’s handlers hoping to replace him with Kamala Harris – if they get into the White House.

Standing in their way is President Trump.

As Archbishop Carlo Maria Vigano Archbishop says, Americans should not lose heart. He tells us, “Do not allow yourselves to be discouraged by the deceptions of the Enemy, even more so in this terrible hour in which the impudence of lying and fraud dares to challenge Heaven.” His messages are read and sometimes Tweeted by Trump.

But perhaps these spiritual messages will now be censored by Twitter as well.

Facing the Nazis,  British Prime Minister Winston Churchill said “we shall never surrender, and even if, which I do not for a moment believe, this Island or a large part of it were subjugated and starving, then our Empire beyond the seas, armed and guarded by the British Fleet, would carry on the struggle, until, in God’s good time, the New World, with all its power and might, steps forth to the rescue and the liberation of the old.”

Trump is Churchill in the current struggle. God is on our side. But beyond faith, we have to fight for national and personal survival. Our lives are in danger. It’s that serious.

In order to prepare for the worst, I suggest reading the booklet, “Insurrection and Violence: A Citizen’s Guide,” published by the firm Unconstrained Analytics before the election fraud became so obvious in the last several days.

As Trump moves ahead to save his presidency, we have to understand how the street protests will probably accelerate. The authors warn, “The consequence of citizen inaction, at this perilous moment, is to put at risk the Constitution, our way of life, liberty and the pursuit of happiness.”

The bio for one of the firm’s top officers, Rich Higgins, notes that he “served on the National Security Council in the Trump Administration as the Director for Strategic Planning. He was removed in 2017 after warning of a deep state coup to remove the President.”

You can now be sure that Trump is taking these warnings seriously and understands the nature of the crisis.

*For updates, please use the contact form at www.usasurvival.org