02/14/16

Trashing the 12th Amendment with the National Popular Vote

By Publius Huldah

The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text of the compact no longer seems to be set forth on the NPV website, we’ll look at the NPV bill now pending in Tennessee.

In a nutshell, the compact seeks to evade the 12^th Amendment to our Constitution (where the States elect the President); and substitutes a national popular vote where inhabitants of major metropolitan areas elect the President.

The Constitution our Framers gave us

The federal government created by our Constitution is a Federation of Sovereign States united under a federal government for those limited purposes itemized in the Constitution; with all other powers reserved by the States or the People.

Continue reading →

11/29/15

Treason, Cowardice, and the Islamic Invasion: Why States Must Revitalize The Militia

By Publius Huldah

To All State Governors and State Legislators:

War is coming to America. Obama is importing young able-bodied males to make civilizational jihad on us; and Congress can’t summon up the moral courage to stop him.

To see what is ahead for us, watch this 20 minute video. It depicts the Islamic takeover which is right now going on throughout Europe as European countries are being repopulated by millions of young able-bodied Muslim males (euphemistically called “refugees”) who are explicit about their intention to breed the native Europeans out of existence, and replace the European cultures with Islamic culture.

And Obama is bringing it here.

This paper discusses the two courses of action set forth in Federalist Paper No. 46 for situations such as this: (1) The States must refuse to cooperate with the federal government; but if that doesn’t solve the problem, (2) The States must use their State Militia to defend their State and Citizens.

Invaders are not “Refugees” or “Immigrants”

Those pushing for an Islamic takeover of Europe and North America are referring to these able-bodied young Muslim males as “refugees”. The use of that term brings the Muslims who are brought into the United States within the federal Refugee Resettlement Act. And since the Constitution delegates power over immigration to Congress, and Congress re-delegated refugee policy to the President, the States must submit to Obama’s Will and accept the “refugees” he forces on them. Thus goes the specious argument recently made by Ian Millhiser.

But we will look at the Truth.

What does our Constitution say about Immigration and Naturalization?

Immigration (or migration) pertains to new people coming to this Country to live.¹ Naturalization refers to the process by which an immigrant becomes a Citizen.

Our Constitution does delegate power over immigration and naturalization to Congress. Article I, §9, clause 1, delegates to Congress (commencing January 1808) power to control migration. ² Article I, §8, clause 4, delegates to Congress power to establish an uniform Rule of Naturalization.

But what is going on now with the importation of large numbers of able-bodied young Muslim males is not “immigration” as contemplated by our Constitution. It is an act of war being committed against the People of the United States by their President. The plan is to overthrow our Constitutional Republic and set up an Islamic Caliphate over America. ³

That is Treason – it is Insurrection. It is not “immigration”, and it is not “refugee resettlement”.

The States must refuse to cooperate

Michael Boldin’s recent informative article explains how the federal resettlement program works: The federal government coordinates resettlement of “refugees” with non-governmental organizations (NGOs) located within the States, and thus circumvents state and local governments. Accordingly, the States should promptly stop all such NGO involvement; take control of the programs themselves; and then refuse to cooperate with the federal government.

James Madison, Father of our Constitution, spells this out in Federalist No. 46 (7^th para). Respecting unpopular acts of the federal government:

“…the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

But if the federal government persists, then the States must move to the next Step.

Our Constitution Imposes the Duty on the Federal Government to protect us from Invasion

Article IV, §4, requires The United States to protect each of the States against Invasion:

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…” [emphasis mine]

In Federalist No. 43 (3^rd para under 6.), Madison says of this provision:

“A protection against invasion is due from every society to the parts composing it…” [emphasis mine]

Article I, §8, clause 15 delegates to Congress the power:

“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.

Article 1, §8, clause 16 delegates to Congress the power to provide for organizing, arming, and disciplining, the Militia. The States retain the power to appoint the Officers and conduct the training.

Article II, §2, clause 1 makes the President Commander in Chief of the Militia of the several States, when called into the actual Service of the United States. [But remember: the federal government may call forth the Militia only for the three purposes listed in Art. I, §8, cl. 15].

But the federal government hasn’t called forth the Militia to protect the States from the Islamic invasion. To the contrary, the President is importing the invaders and foisting them on the States.

So! What are States and The People to do? Because the President is aligned with the invaders, and Congress filled with moral cowards, must we passively submit to having ourselves and our Christian and Jewish children killed, and then let our surviving burka dressed daughters and granddaughters be handed over to the clitoris cutters?

No! The People have the Natural Right of self-defense; and the States have the reserved Power to defend their Citizens. With the State Militia, The People and the States have the means to exercise this Natural Right and reserved Power.

The States must Revitalize their State Militia

What is the Militia? As Dr. Edwin Vieira’s excellent series ⁴ on the Militia and how it guarantees the right to keep and bear arms shows, the Militia has a long history in America. That history began with the English settlements in the early 1600s. Every free male was expected to be armed and prepared at all times to protect himself, his family, and his community. Laws in the Colonies gave effect to this requirement. So at the time of the drafting of our Constitution in 1787, everyone knew of this 150 year long history of free American males being required to be armed, trained, and ready at a moment’s notice to answer the call of Duty.

Accordingly, the above identified “militia clauses” were written into our Constitution of 1787.

In 1792, Congress implemented these militia clauses and passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States”. This Act required all able-bodied male citizens (with a few exceptions) between the ages of 18 and 45 to enroll in their State Militia, get a rifle and ammunition pouch, and train.

As Section 1 of the Act shows, the adult able-bodied male Citizens of a State are The Members of their State Militia. So, continuing the long-standing colonial tradition, Members of Congress in 1792 thought it such a fine idea that all male citizens be armed and trained and members of their State Militia, they required it by federal law!

So! As Art. I, §8, cl. 15 shows, Congress is authorized to provide for calling the Militia into national service to “execute the Laws of the Union, suppress Insurrections and repel Invasions”. But what if the federal government refuses to act?

Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the Citizens of the States from threats to their liberties posed by the federal government (7^th & 12^th paras); and that the States’ reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9^th para).

And on the use of the Militia to repel Invasions, Hamilton says (13^th para):

“In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition…”

True, it was contemplated that the “United States” would be the entity which protects the States against Invasion (Art. IV, §4). But when the federal government has demonstrated its determination that the States ARE TO BE OVERRUN BY INVADERS, then the People have the natural right to defend themselves, and their States have the retained Power to employ the Militia to defend them from those into whose hands the federal government has demonstrated its determination to deliver them.

The States are within their retained Sovereign Power to call up their State Militia to fend off invaders. Article I, §10, last clause, is an expression of this retained sovereign Power of States of self-Defense:

“No State shall … engage in War, unless actually invaded…”

Clearly, the States may use their State Militia to engage in War to defend the States from Invasion.⁵

James Madison spoke to the same effect as Hamilton respecting federal tyranny. In Federalist No. 46 (9^th para), Madison speaks of a federal government so consumed with madness that it sends its regular army against the States:

“…Let a regular army … be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. … [To the regular army] would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. … Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms [an insurmountable] barrier against the enterprises of ambition…” [boldface mine]

Look to Your State Constitution for Provisions re Your State Militia

Article VIII of the Constitution for the State of Tennessee provides for Tennessee’s Militia. Consistent with the tradition which has existed in this Country since the early 1600s, all Tennessee Citizens are members of this Militia. Article I, §28, TN Constitution says:

“That no citizen of the state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.”

Read your State Constitution. What does it say about the Militia? What do the implementing State Statutes say? Is your State Militia active? Why not? For information on revitalizing your State Militia, see Dr. Vieira’s three part series, “Are You Doing Your Constitutional Duty For “Homeland Security”?

Conclusion

Madison closes his magnificent 9^th paragraph in Federalist No. 46 with this:

“…Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.” [emphasis mine]

But we became “debased subjects of arbitrary power”. So now, will we lay down before the Invaders and Insurrectionists and those in our federal government who aid and abet them? Or we will man up, revitalize our State Militia, and show the world that we still have some “free and gallant Citizens of America” in this land?

Endnotes:

¹Our Framers contemplated that immigration would be restricted to people who shared our culture and values – e.g., Federalist No. 2, 5^th para.

But Americans got conned into believing that an ideal culture is multicultural. Thus, with Teddy Kennedy’s immigration reform act of 1965, our borders were opened to all. We congratulated ourselves on our new virtues of “tolerance” and “diversity”. But the goal of the multiculturalists was to eradicate our unique Culture – we were too gullible to see it. So now, the enemy is inside the gates, and more are coming in. And Islam doesn’t tolerate multiculturalism.

² “Open borders” adherents bristle at the assertion that Congress has constitutional authority to restrict immigration. They insist that Art. I, §9, cl. 1 addresses only the importation of slaves and says nothing about free immigrants. But the text distinguishes between “migrations” and “importations”, and the Duty is levied on “importations”, not “migrations”. Slaves, being “property”, were “imported”. Free Europeans “migrated”. The power of the States to determine such persons as it was proper to admit, expired January 1808. There are various letters and speeches from our early days confirming this. I’ll write it up when I get time (if this doesn’t turn on the light). For now, see Federalist No. 42 (6^th para):

“…Attempts have been made to pervert this clause [Art. I, §9, cl. 1] into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice [slavery], and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none, but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.” [boldface mine]

Our Framers understood that the national government must be able to determine who is allowed to come here. That’s why Art. I, §9, cl. 1 delegates to Congress power to control immigration, commencing January 1808. And isn’t one of your complaints against the federal government that it has refused for so long to control our Borders?

³ See the website for The Center for Security Policy (Frank J. Gaffney) HERE. There you can read The Plan of the Muslim Brotherhood to infiltrate and take over all American Institutions. They are working to make this Country part of a global Islamic caliphate. Open your eyes NOW.

⁴ Do read all 8 of Dr. Vieira’s papers in this series. They get very moving.

⁵“Troops” as in Art. I, §10, last clause, are professional full-time soldiers. States may not keep “Troops” absent consent of Congress. But the States’ Militia is a permanent State institution. The States retain their pre-constitutional powers over their Militia, subject only to the federal government’s limited supremacy set forth in the 3 Militia clauses [See Part 2 of Dr. Vieira’s paper HERE.] PH

06/14/15

States Need Budgets – but Enumerated Powers Limit Federal Spending

By Publius Huldah

We will never solve our political and fiscal problems if we continue in our present state of ignorance of the fundamental distinction between the federal Constitution and the State Constitutions.

With our federal Constitution, we created a national government to which we delegated only a handful of enumerated powers. If you would trouble yourself to read the federal Constitution, this fact would jump out at you and hit you over the head. [THIS simple chart will get you started.]

The federal government doesn’t need a budget because Congress’ spending is limited by the enumerated powers. Congress is to appropriate funds to carry out the handful of delegated powers, and then it is to pay the bills with receipts from taxes. ¹

And if you read your State Constitution, you will see that those who ratified it [foolishly] created a State government of general and unlimited powers subject only to the exceptions carved out by its Declaration of Rights. ²

Since State governments were created to possess general and unlimited powers, State governments may lawfully spend money on just about anything they want. ²Accordingly, State governments need budgets to limit their spending to receipts.

But Federal Spending is limited by the Enumerated Powers

The federal Constitution lists the items Congress is permitted to spend money on. If you read through the federal Constitution and highlight the powers delegated to Congress and the President, you will have a complete list of the objects on which Congress is lawfully authorized to spend money. Here is the list:

The Census (Art. I, §2, cl. 3)
Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)
Salaries of Senators and Representatives (Art. I, § 6, cl. 1)
Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)
Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)
Pay tax collectors (Art. I, §8, cl.1)
Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3) ³
Immigration office (Art. I, §8, cl.4)
The mint (Art. I, §8, cl. 5)
Attorney General to handle the small amount of authorized federal litigation involving the national government (e.g., Art. I, §8, cls. 6 & 10)
Post offices & post roads (Art. I, §8, cl. 7)
Patent & copyright office (Art. I, §8, cl. 8)
Federal courts (Art. I, §8, cl. 9 & Art. III, §1)
Military and Citizens’ Militia (Art. I, §8, cls. 11-16)
Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.
The President’s entertainment expenses for foreign dignitaries (Art. II, §3); and
Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshalls, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).

So! That’s about all Congress is authorized by our original Constitution to spend money on. ⁴ Did I leave anything out? To find out, take 20 minutes and, armed with a highlighter, read carefully through the original Constitution and see for yourself.

Let’s look at some of the appropriations bills passed by the First Congress: ⁵

HERE is the Act for the establishment and support of Lighthouses, Beacons, Buoys, and Public Piers, of August 7, 1789 (expenditure authorized by Art. I, 8, next to last clause);

HERE is the Act providing for the Expenses which may attend Negotiations or Treaties with the Indian Tribes, and the appointment of Commissioners for managing the same, of August 20, 1789 (expenditure authorized by Art. I, 8, clause 3 & Art. II, §2, cl. 2);

HERE is the Act providing for the establishment of the Post Office, of September 22, 1789 (expenditure authorized by Art. I, §8, cl. 7); and

HERE is the Act providing for the compensation of federal judges and the Attorney General, of September 23, 1789 (expenditure authorized by Art. III, §1 for the federal judges; & for the AG, Art. I, §6, cl. 2 & Art. II, §2, cl. 2 & Art. I, §8, last clause)

Read these appropriations bills: They are single subject, short, easy to understand, and illustrate how appropriations bills ought to be written.

So, do you see? Congress is to make the appropriations for the objects of the enumerated powers delegated to the national government.

Pursuant to Art. I, §9, clause 7, Congress is to periodically publish a Statement and Account of Receipts and Expenditures.

We don’t need a federal budget because the Constitution delegates to Congress only limited and narrowly defined authority to spend money.

Accordingly, the federal Constitution doesn’t provide for a Budget. We never had a federal budget until Congress passed the unconstitutional Budget and Accounting Act of 1921.

We got the crushing federal debt because for 100 years, Congress has been IGNORING the existing constitutional limits on its spending. Most of Congress’ spending is unconstitutional as outside the scope of the delegated powers.

The Answer to our political and fiscal problems is already laid out in the federal Constitution: Downsize the federal government to its enumerated powers and return the usurped powers to the States or the People.

Why are Some Pushing for a Federal Balanced Budget Amendment (BBA)?

Many of those clamoring for a federal BBA don’t know about the fundamental distinction between the federal and State Constitutions. But they want to do something about the out of control federal spending; they are told a BBA is the answer; and so, without giving it much thought, they jump on the bandwagon.

But others have an evil agenda in pushing for a BBA – an agenda so evil that if they disclosed it, most Americans would reject it:

All versions of a BBA transform our federal Constitution from one which created a national government with only a few enumerated powers to a national government of general and unlimited powers. This is because BBAs substitute a “budget” for the enumerated powers; and accordingly, the national government would become lawfully authorized to spend money on whatever they put in the Budget!

That unlimited spending power on whatever they want is what would transform the national government into one of general and unlimited powers.

To add insult to injury, while all versions of a BBA pretend to limit spending; they actually permit increases in spending and increases in debt whenever a majority votes to do so. ⁶

Conclusion

When the history of our time is written, do not let it be said that the American People were too lazy and stupid to be free. Do not let tricksters take away our glorious Heritage. Wake up! Stop applications for a convention for a BBA from being passed in your State. If your State has already passed such an application, educate your State legislators and get them to rescind it.

Endnotes:

¹ The constitutional powers of the national government were supposed to be exercised with the proceeds of excise taxes & impost tariffs, with any shortfall being made up by an apportioned assessment on the States based on population.

² The powers of State governments are also restricted by the federal Constitution: The list of prohibited powers at Art. I, §10, and by those few powers delegated exclusively to the national government.

³ HERE is the proof of the original intent of the interstate commerce clause.

⁴ The 13^th, 14^th, 15^th, 16^th, 19^th, 24^th, and 26^th Amendments increased the powers and spending of the federal government by expanding federal powers & litigation against the States and The People. It was necessary to amend the Constitution to remedy the defect of slavery; but there was a better way than the 13^th -15^th Amendments.

⁵ HERE is a helpful site for locating early Acts of Congress. Once you have the title and date of an Act, you can find the official source at the Library of Congress: e.g., THIS provides what one needs to find the official edition HERE.

⁶ Compact for America’s pretended BBA is actually a tricky device for imposing a national sales tax or value added tax on the American People – on top of the income tax – and does nothing to limit federal spending. Yet deluded State Legislators are now proposing it in Michigan as SB 306. You can find a short and simple section by section analysis of Compact for America’s BBA HERE.

04/22/15

Nullification is a Natural Right!

By Publius Huldah

What did our Framers really say we must do when the federal government usurps power?

They never said, “When the federal government ignores the Constitution, amend the Constitution”.

They never said, “File a lawsuit and let federal judges decide.”

Instead, they advised two manly remedies. We’ll look at one of them – nullification – in this paper. ¹

First, let’s look at the Constitution we have.

Our Federal Government has Enumerated Powers Only

With our federal Constitution, we created a federal government. It is:

A federation of sovereign States united under a national government ONLY for those limited purposes itemized in the Constitution;
With all other powers reserved by the States or the People.

We listed every power we delegated to the federal government: Most of the powers delegated over the Country at large are listed at Article I, §8, clauses 1-16.

All our Constitution authorizes the federal government to do over the Country at large falls into four categories:

Military defense, international commerce & relations;
Immigration & naturalization;
Domestically, create a uniform commercial system: weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
With some of the amendments, secure certain civil rights.

That’s basically it! All other powers are reserved by the States or the People. Depending on how you count, Congress only has 18-21 powers over the Country at Large. ²

It is only with respect to the enumerated powers listed in the Constitution that the federal government has lawful authority.

If it’s on the list, Congress may make laws about it.
But if it’s NOT on the list, Congress usurps power & acts unlawfully when it interferes.

Is “education” on the list of delegated powers? Raising children? Health Care? Environmental regulation? Is most of what they do on the list? Since these are not delegated powers listed in our Constitution, the federal government usurps power and acts unlawfully when it meddles.

So then, what do we do when the federal government usurps powers not on the list?

Don’t Submit to Unconstitutional Laws – Nullify Them! ³

Our Framers said the federal government is our “creature” and must obey our Will as enshrined in our Constitution. And when it doesn’t, we must defend the Constitution by invoking our natural right of self-defense:

Alexander Hamilton said in Federalist No. 28 (last 5 paras): [I’m condensing]

“If the representatives of the people betray their constituents, there is no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted … [by] … State governments [which] will … afford complete security against invasions of the public liberty by the national authority…” [emphasis mine]

Hamilton says in Federalist No. 33 (5^th para):

“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [emphasis mine]

Thomas Jefferson said in his draft of The Kentucky Resolutions of 1798, 8^th Resolution:

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

James Madison commented on this in his Notes on Nullification (1834):

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

Note that Hamilton, Jefferson, and Madison said nullification is a natural right – it is NOT a “constitutional right”. Rights don’t come from the Constitution – they come from God. ⁴

HERE is Madison’s “Report of 1799-1800 on the Virginia Resolutions”. He said under his discussion of the 3^rd Resolution [I’m condensing]:

The States, in their sovereign capacity, are the parties to the constitutional compact; and are thus the final authority on whether the federal government has violated the Constitution. There can be no tribunal above the authority of the States to decide whether the compact made by them has been violated by the federal government. (p 192)

That if, when the federal government usurps power, the States don’t stop the usurpation, and thereby preserve the Constitution; there would be no relief from usurped power. This would subvert the Rights of the People as well as betray the fundamental principle of our Founding. (p195)

That the Judicial Branch is as likely to usurp as are the other two Branches. Thus, the Sovereign States have as much right to judge the usurpations of the Judicial Branch as they do the Legislative and Executive Branches. (p196)

That all 3 Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of the States. And if the Judicial Branch connives with other Branches in usurping powers, our Constitution will be destroyed. (p196)

So the Judicial Branch does not have final say as to the rights of the parties to the constitutional compact. Otherwise, the delegation of judicial power would annul the authority delegating it; and the concurrence of the judicial branch with the other branches in usurping powers, would subvert the Constitution forever. (p196)

In Federalist No. 46, Madison says, respecting unconstitutional acts of the federal government:

the People can refuse to cooperate with federal officers [7^th para];
State officials can oppose the feds [7^th para];
State Legislatures can invent legislative devices to impede & obstruct the federal government [7^th para];
States can cooperate in concerted plans of resistance [8^th para];
States can easily defeat the federal government’s schemes of usurpation [10^th para]; and as the last resort,
States must defend themselves from the federal government – that’s why the People are armed.

So Jefferson, Hamilton and Madison tell us: When the federal government asks or directs States to do things which aren’t on the list, the proper response is, “No!”

State Governments Must Man Up and Preserve our Constitution.

The Declaration of Independence says at the 7^th para that the colonials “opposed with manly firmness” the King’s “invasions on the rights of the people”.

We need today that same manly opposition to tyranny. And we are starting to see some: The Tenth Amendment Center says over 200 bills have been filed this year in State Legislatures to nullify unconstitutional acts of the federal government. E.g.:

To allow terminally ill people access to experimental drugs & medical treatments despite FDA rules – drugs & medical treatments are not on the list! And the 10^th Amendment didn’t stop them from usurping powers in this area.

Deny resources and assistance to the National Security Agency – spying on us is not on the list! And the 4^th Amendment didn’t stop them from spying on us!

Nullify federal bans on growing hemp & marijuana. Agriculture and drugs are not on the list! And the 10^th Amendment didn’t stop them from usurping powers in this area.

An Indiana Legislator filed a bill to nullify all federal EPA Regulations – environmental protection is not on the list! And the 10^th Amendment didn’t stop them from usurping power over the environment.

Disarming the American People: If Congress by law, or the President by executive order, or the BATF by rule, or the supreme Court by opinion, or the federal government by UN Treaty, orders The People to turn in our arms, We must refuse to comply. The Constitution doesn’t authorize the federal government to disarm us. Gun control is not on the list! And the 2^nd Amendment didn’t stop them from regulating ammunition, firearms, and firearms dealers.

Accordingly, States should pass laws directing their firearms and ammo dealers to ignore all federal dictates which pretend to restrict arms, firearms, ammo, and sales of same. The Law should also provide that the State Attorney General will defend any Citizen of the State from unlawful acts committed against him by agents of the federal government attempting to enforce unconstitutional federal dictates within the borders of the State.

Prayer in the Public Schools: When, in 1962, the US supreme Court began its war against Christianity by banning prayers in the public schools, State legislatures should have passed laws directing their public schools to ignore the unconstitutional opinion of the supreme Court. “Religion”, “prayers”, and “public schools” are not on the list of delegated powers. And the 1^st Amendment didn’t stop them from “prohibiting the free exercise of religion”.

Brave Citizens Must Man up Also.

As noted above, Madison says in Federalist No. 46 that the People can refuse to cooperate with federal officers.

Rosa Parks & Martin Luther King showed us spine 50 years ago when they nullified the State & local Jim Crow laws by refusing to obey those unconstitutional laws.

Recently in Connecticut, Citizens refused to obey an unconstitutional State law which pretends to require them to register their firearms. Art. I, §15, CT Constitution says:

“Every citizen has a right to bear arms in defense of himself and the state.”

If you are a “Citizen”, you have the right to bear arms – that’s all you need in Connecticut. So the Connecticut Statute making it a felony to possess guns which are not registered is unconstitutional as in violation of Art. I, § 15 of the State Constitution.

And The People – as the creators of the State government – are the ones to ultimately decide!

All nullification requires is a spine. And Rosa Parks & MLK showed us what spine looks like: You say, “No more!”

The “we lost the civil war” objection to Nullification.

Those who chant this objection seem to have in mind the “nullification crisis of 1832”. Let’s debunk it:

The southern States were agricultural. They bought manufactured goods from England. England bought southern cotton. Infant industries in the North East were producing some of the same manufactured goods as England; but because they were more expensive than the imports, they couldn’t compete.

So in 1828, Congress imposed a high tariff on the imports. The Southern States called this the “tariff of abominations”, because it made the English goods too expensive to buy; and when the Southern States stopped buying English goods, England stopped buying Southern cotton. This devastated the Southern economy.

Note that Congress has specific authority to impose tariffs on imports: Art. I, § 8, cl. 1. So the Tariff Act of 1828 was constitutional.

The nullification crisis of 1832 was brought on because S. Carolina wanted to “nullify” the Tariff Act of 1828 – a constitutional law! South Carolina developed a bizarre theory that

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

In James Madison’s Notes on Nullification (1834), he discussed and debunked S. Carolina’s theory. He said:

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

Near the end of his Notes, Madison quoted Thomas Jefferson’s famous statement:

“…but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact …to nullify of their own authority all assumptions of power by others within their limits …” [emphasis mine]

Madison then says:

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

Do you see? Madison’s points are:

States may not properly nullify constitutional acts of the federal government; and
When an act of the federal government is unconstitutional, nullification is a NATURAL RIGHT – not a “constitutional right”. ⁵

Start Doing YOUR Duty

Your Duty is to read our Declaration of Independence and Constitution and learn The List of Enumerated Powers. YOU were supposed to enforce the Constitution with your votes. But instead of supporting only candidates who knew and obeyed our Constitution, you abdicated your Responsibility and voted for candidates who told you what you wanted to hear.

For the Sake of your Country and Posterity, you must also renounce cowardice and appeasement as the response to evil.

If you fail us, hell on Earth is just around the corner.

Endnotes:

¹ The other Remedy is to elect faithful representatives. At the Virginia Ratifying Convention on June 20, 1788 at [223], James Madison said our Constitution depends on the people having the “virtue and intelligence to select men of virtue and wisdom” to office. In Federalist No. 44 [12^th para from end], he says when Congress usurps powers, and the executive and judiciary departments go along with it,

“…a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers…” [emphasis mine]

But we keep electing ignorant phonies who know nothing about our Constitution. Why do we do this?

² THIS Chart lists the enumerated powers over the Country at Large and illustrates how Principles in our Declaration of Independence were implemented in our Constitution.

³ Stop quibbling over terminology. As a People, we have lost the ability to think conceptually. When some don’t see the word, “nullification”, in a writing, they insist the writer didn’t support it. But the concept is refusal to submit to unconstitutional laws. You can call it “non-violent civil disobedience”, “that original right of self-defense”, “resistance”, “refusal to obey”, “impeding & obstructing”, “nullification”, “interposition”, or something else. I use “nullification” because the term has a distinctive meaning and was used by our beloved Thomas Jefferson. You may call broccoli “broccoli”, a “green vegetable”, a “cruciferous vegetable”, a “super food”, or “little trees”. But “broccoli” is the most precise and distinctive term. Do you see?

⁴ So when Michael Farris, and others who tell us a convention is the only way out, disparage nullification as an “extra-constitutional doctrine”, the proper response is: Nullification is NOT a “constitutional right or remedy” – it is that NATURAL RIGHT of self-defense which pre-dates and pre-exists the Constitution. Farris has repudiated our Founding Principles that Rights come from the Creator God, and that the purpose of government is to secure the Rights GOD gave us (Declaration of Independence, 2^nd para). In Farris’ brave new world, “rights” come from the Constitution – where they are subject to the will of human governments. See, e.g., his so-called “parental rights” amendment HERE. “Child raising” is not now on the list of delegated powers – but §3 of Farris’ “parental rights” amendment would delegate power over children to the federal government. Read it.

⁵ Rights don’t come from the Constitution! They come from GOD! PH

01/19/15

Delegates to an Article V Convention Can’t be Controlled by State Laws!

By Publius Huldah

Our Declaration of Independence (2^nd para) sets forth our long forgotten Founding Principles that:

All men are created equal.
Rights come from God.
People create governments to secure God-given rights. The first three words of our Constitution throw off the European model where political power originates with the State; and establish the new Principle that WE THE PEOPLE are the “pure, original fountain of all legitimate political authority” (Federalist No. 22, last sentence).
When a government seeks to take away our God given rights, we have the right to alter, abolish, or throw off that Form of government.

These are the Principles which justified our Revolution against a King.

These are also the Principles which permit us today to throw off our Form of government by discarding our existing Constitution and replacing it with another one. This is why the language at Article V of our Constitution, which authorizes Congress to call a convention “for proposing amendments”, does not restrict Delegates to merely “proposing amendments”: Delegates are invested with that inherent pre-existing sovereign right, recognized in our Declaration, to abolish our existing Form of government (our Constitution) and propose a new Constitution.

This has happened once before in our Country. I’ll show you.

The Federal Convention of 1787: Federal and State Instructions to Delegates

Pursuant to Article XIII of The Articles of Confederation, the Continental Congress resolved on February 21, 1787 (p 71-74) to call a convention to be held at Philadelphia

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

The Continental Congress authorized each of the then 13 States to appoint Delegates to the convention. Twelve of the States ¹ made laws respecting the appointment of Delegates and issuing instructions to Delegates. Ten States instructed their Delegates to propose alterations to the Articles of Confederation; and only two (North Carolina and New Hampshire) gave instructions which arguably permitted their Delegates to do more than propose alterations to the Articles of Confederation. ²

But the Delegates ignored the federal and State limitations and wrote a new Constitution. Because of this inherent authority of Delegates, it is impossible to stop it from happening at another convention.

The Delegates also instituted an easier mode of ratification. Whereas Article XIII of the Articles of Confederation required approval of all of the then 13 States before an amendment could be ratified; Article VII of the new Constitution provided that only 9 States were required for ratification of the new Constitution.

Why is an Article V Convention Dangerous?

So! Do you see?

If we have a convention today, there is nothing to stop Delegates from proposing a new Constitution with its own new method of ratification.

New Constitutions are already prepared and waiting for a convention. Here are three:

Fifty years ago, the Ford & Rockefeller Foundations produced the Constitution for the Newstates of America. It is ratified by a referendum called by the President [Art 12, Sec. 1]. If we have a convention, and Delegates propose the Newstates Constitution, it doesn’t go to the States for ratification – it goes directly to the President to call a Referendum. The States are dissolved and replaced by regional governments answerable to the new national government. Read the Newstates Constitution and tremble for your country.
The Revolutionary Communist Party, USA has a Constitution for The New Socialist Republic in North America.
The Constitution 2020 movement is funded by George Soros and supported by Marxist law professors and Marxist groups all over the Country, Cass Sunstein and Eric Holder. They want a Marxist Constitution and they want it in place by the year 2020. It further appears that Soros is funding much of the current push for an Article V convention.

Warnings from the Wise

Brilliant men have warned against an Article V convention. It is immoral to dismiss their warnings:

Alexander Hamilton writes of “the utter improbability of assembling a new convention, under circumstances in any degree so favorable to a happy issue, as those in which the late convention met, deliberated, and concluded…” Federalist No. 85 (9^th para)
James Madison writes in his 2, 1788 letter to Turberville that he “trembled” at the prospect of a second convention; and that an Article V Convention would give “the most violent partizans” and “individuals of insidious views” “a dangerous opportunity of sapping the very foundations of the fabric” of our Country. In Federalist No. 49, he shows that the convention method is NOT GOOD to correct breaches of the federal constitution because the People aren’t philosophers – they follow what influential people tell them! And the very legislators who caused the problem would get themselves seats at the convention so they could control the outcome.
Former US Supreme Court Justice Arthur Goldberg reminds us in his 14, 1986 article in The Miami Herald, that at the convention of 1787, the delegates ignored their instructions from the Continental Congress and instead of proposing amendments to the Articles of Confederation, wrote a new Constitution. He warns that “…any attempt at limiting the agenda [of the convention] would almost certainly be unenforceable.”
Former US Supreme Court Chief Justice Warren Berger warns in his June 1988 letter to Phyllis Schlafly that “there is no effective way to limit or muzzle the actions of a Constitutional Convention”; “After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda”; and “A new Convention could plunge our Nation into constitutional confusion and confrontation at every turn…”

Can State Laws Control Delegates?

Convention supporters say we don’t have to worry about any of the above because States can make laws controlling their Delegates.

Really? James Madison, Father of our Constitution and a consistent opponent of the convention method of proposing amendments, didn’t know that. Two US Supreme Court Justices didn’t know that. They said there is no effective way to control the Delegates.

But in case you are uncertain as to who is telling you the Truth – and who isn’t – I will show you how easily State laws which pretend to control Delegates can be circumvented.

Let’s use House Bill 148, recently filed in the New Hampshire Legislature, to illustrate this:

Section 20-C:2 I. of the New Hampshire bill says:

“No delegate from New Hampshire to the Article V convention shall have the authority to allow consideration, consider, or approve an unauthorized amendment to the Constitution for the United States of America.” [italics mine]

Section 20-C:1 V. of the bill defines “unauthorized amendment” as:

“any amendment outside the scope permitted by the Article V petition passed by the general court of New Hampshire”.

What is wrong with this?

It doesn’t prohibit New Hampshire Delegates from proposing or approving a new Constitution.
Article V of the US Constitution provides that Amendments will be proposed at the convention. Any state laws contrary to Article V must fall under the supremacy clause at Article VI, US Constitution.
New Hampshire Delegates can’t restrict Delegates from other States.
It ignores the inherent sovereign authority of Delegates to throw off both their State governments and the federal government by proposing a new constitution with whatever new mode of ratification they want. Remember! Under the proposed Newstates Constitution, the States are dissolved and replaced by regional governments answerable to the new national government.

And if the States already know what amendments they want, they should tell their State congressional delegations to propose them in Congress. This is the method James Madison always advised.

Section 20-C:2 II. of the New Hampshire bill says:

“Any vote taken by a delegate from New Hampshire at the Article V convention in violation of paragraph I of this section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the Article V convention.”

What is wrong with this?

What if the Delegates vote to keep their proceedings secret? At the federal convention on May 29, 1787, our Framers made rules restricting publications of their proceedings.
What if the Delegates vote by secret ballot? As long as some vote “for” and others vote “against” every proposition, there is no way to tell who did what.

Section 20-C:2 III. of the New Hampshire bill says:

“Every delegate from New Hampshire to the Article V convention called for by the Article V petition shall be required to take the following oath:”

“I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the Article V convention, uphold the Constitution and laws of the United States and the state of New Hampshire. I will accept and will act according to the limits of the authority as a delegate granted to me by New Hampshire law, and I will not vote to consider or approve any unauthorized amendment to the Constitution for the United States of America. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath.” [boldface mine]

Does one need to comment on the efficacy of Oaths of Office in our degenerate times? Article II, §1, last clause, of our Constitution requires the President to take an Oath to “preserve, protect and defend the Constitution of the United States”; and Article VI, last clause, requires everyone in the federal and State governments to take an oath to obey the Constitution.

Who today honors his Oath of Office?

Section 20-C:2 IV. of the New Hampshire bill says:

“Any delegate who violates the oath contained in paragraph III of this section shall be subject to the maximum criminal penalty under RSA 641:2.”

Any criminal defense attorney worth her salt can figure out how to get around this one:

As shown above, if the proceedings of the convention are kept secret, or Delegates vote by secret ballot, one would never know if any one Delegate violated his oath. Defense counsel would get any attempted criminal prosecution of any particular Delegate dismissed at a pretrial hearing.
Congress can pass a law granting immunity from prosecution to the Delegates.
The Delegates can insert a clause in the new constitution granting themselves immunity from prosecution.
If the new constitution abolishes the States, as does the Newstates Constitution, there is no State left to prosecute Delegates.
The local prosecutor is the one who decides whether he will prosecute any criminal offense under his jurisdiction. Politics are a deciding factor in deciding whether to prosecute. Remember Eric Holder refused to prosecute Black Panthers who intimidated white voters at a polling place?

Do you see? James Madison, Justice Arthur Goldberg, and Justice Warren Burger were right: It is impossible to restrict the Delegates.

Everything to Lose, Nothing to Gain

If there is a convention today, George Washington, James Madison, Ben Franklin, and Alexander Hamilton won’t be there to protect you. Who will the Delegates be? You don’t know. Do you trust them?

Our Framers never said that when the federal [and State] government violate the Constitution, the remedy is to amend the Constitution they violate. They never said the remedy is to file a lawsuit and let federal judges decide.

They expected us to act as they did – with “manly firmness” ³ – and resist unconstitutional acts of the federal and state governments. Our Constitution doesn’t need “fixing” – it needs to be read and enforced by our votes; and failing that, by manly opposition – resistance – nullification.

Endnotes:

¹ Rhode Island boycotted the Convention. See RI’s Statement of Reasons in document at ² below.

² For the texts of the States’ instructions to their Delegates and a helpful commentary, go to Principled Policy Blog HERE.

³ The 7^th paragraph of the Declaration of Independence says: “He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.” [boldface mine] PH