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Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
  • ...38 more annotations...
  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • It is to secure our rights to life and liberty by:
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • It is to secure our right to liberty by:
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
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    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Gary Edwards

Still the Law of the Land? - The Constitution - 0 views

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    Heritage Foundation white paper: Forward: The commemoration of the bicentennial of the United States Constitution should be an occasion of festivity tempered by solemn gratitude for the gift our Founding Fathers bequeathed to us. But if the Constitution is to survive as something more than an abstract symbol - a parchment counterpart of the Statue of Liberty - the celebration must also be the occasion for broadened public awareness of the principles of constitutional government. For the anniversary comes at a time of grave crisis in our constitutional history. The federal judiciary, originally designed as part of a carefully balanced mechanism in which it shared guardianship of the Constitution with the executive, the two houses of Congress, and the state governments, has gradually taken sole custody unto itself, proclaiming that its decisions and not the Constitution are the supreme law of the land. What is even more dangerous, the Supreme Court has, during the last two or three decades, become progressively more blatant in disregarding the Constitution and arriving at decisions on the basis of the justices' ideological predilections in regard to "social progress" and "human dignity." These usurpations are compatible neither with the idea of constitutional government nor with the ideal of a government of laws. All the essays in this volume are, in one way or another, addressed to this problem, its ramifications, and its implications. They are the product of long, deep, and careful research and reflection; but, though they are appropriately cast in the muted tones of scholarship, collectively they sound an alarm bell in the night. Every thinking and public-spirited American can learn from their message. For two centuries the Constitution has provided the American people with a framework of limited government, designed for liberty. It is up to us to preserve that framework for our posterity, even as the Founders created it for theirs. Next year we will celebr
Gary Edwards

The Basic Library - Article V Project To Restore Liberty - 2 views

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    "Free Google Book Search (360 B.C.) The Republic - Plato (46 B.C.) Cicero's Brutus - Cicero   (1517) Discourses on Livy - Machiavelli (1553) The Discourse of Voluntary Servitude - Étienne de La Boétie (1690) Two Treatises of Government - John Locke   (1698) Discourses Concerning Government - Algernon Sydney Sidney's Discourses and Locke's Second Treatise were recommended by Jefferson and Madison as containing the "general principles of liberty and the rights of man, in nature and society" (1748) The Spirit of Laws  - Montesquieu (1748) The Principles of Natural and Politic Law - Burlamaqui   (1755) Old Family Letters - John Adams (1758) The Law of Nations- Vattel   (1764-1769) The Writings of Samuel Adams (1765-1769) Blackstone's Commentaries on the Laws of England (1766) The Declaratory Act (1770) The Writings of John Adams V1-2              The Writings of John Adams V3-4              The Writings of John Adams V5-7              The Writings of John Adams V8-10   (1771-1788) The Autobiography of Benjamin Franklin (1772) The Votes and Proceedings of the Freeholders and other Inhabitants (1774) A Full Vindication of the Measures of Congress - Hamilton (1774) Novanglus - John Adams Principle Controversy between Great Britain and Her Colonies (1776) Common Sense- Thomas Paine One Incident which gave a stimulus to the pamphlet Common Sense was, that it happened to appear on the very day that the King of England's speech reached the United States, in which the Americans were denounced as rebels and traitors, and in which speech it was asserted to be the right of the legislature of England to bind the Colonies in all cases whatsoever. (1776-1783) The Crisis- Thomas Paine (1780) Journal of the Convention for Framing the Massachusetts Bay Constitution (1785) Remarks concerning the Government and Laws of the United States of America: in Four Letters addressed to Mr. Adams (1787) The Anti-Federalist (audio) (1787) The Federalist
Gary Edwards

Newt Gingrich: 15 Things You Don't Know About Him - 1 views

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    Good article on Newt; covers the good, the bad, and the ugly.  Personally i don't trust Newt.  As former repubican senator Jim Talent of Missouri says, "He's not a reliable and trusted conservative leader".  Strangely, Talent supports Romney. And there is nothing conservative about Romney.   The one thing i do like about Newt is that he is a bomb thrower extraordinaire.  There isn't a Libertarian (moi), conservative, or Constitutional conservative anywhere that wouldn't love to see Newt in the ring with Obama, hammering his Marxist ass without mercy.  But i'm not so sure that that desire is enough to overcome the serious character flaws and self centered egotistical baggage Newt hauls around.  He proves time and again that he lacks the core values of a true conservative, including dedication to the upholding the Constitution and Rule of Law. Funny though that a valueless establishment repubican "we can manage big government more efficiently and make it work" guy like Romney is attacking Newt as not being a true conservative?  What does that make Romney?  At least Newt can point to the awesome Contract with America repubican take over of Congress - after 40 years in the wilderness. Even though Ron Paul has lost it on foreign policy, i continue to send money.  My switch from Reagan Constitutional Conservative to Libertarian has "nearly" everything to do with the 2008 financial collapse, and the years of research and study that followed.   I say "nearly" because i just couldn't pull the trigger until unexpectedly i found myself in a Bloomberg discussion questioning my support for Herman Cain.  Sadly, Herman supports the Federal Reserve, including full approval of both Greenspan and Bernacke policies that have destroyed the US dollar and enabled the Banksters to run off with over $29 Trillion of our money.  Of course, this is an indefensible and inexcusable position.  The Libertarian's in the discussion pointed out that the problems this country faces cann
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    disclosure: I met Cokie and Steve Roberts at an intimate house party in NH. Probably in 1991. Very nice people but they are full blown unionist-socialist-progressives iron bent on the European Socialism model. Not Constitutionalist in any way shape of form. Certainly not Constitutional Capitalist or free market types either.
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

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    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Gary Edwards

Supremacy Clause - Wikipedia, the free encyclopedia - 0 views

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    Is the Constitution the Law of the Land? excerpt: "Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land." The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate[1] The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of-that is, consistent with-the Constitution. Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses' constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.[2]" quote: This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.  Article II
Gary Edwards

Peter Beinart: How Ron Paul Will Change the GOP in 2012 - The Daily Beast - 2 views

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    Not a big Peter Beinhart fan, but this article explains a large part of the Ron Paul phenom. After a life time as a big C Goldwater-Reagan Constitutional Conservative, this summer i made a full transition to big C Constitutional Libertarian. The tipping point for me was the GAO audit of the Federal Reserve, where they discovered $16.1 Trillion of taxpayer dollars missing from the Federal Reserve Bankster Cartel management books. It went to a who's who of international Bankster Cartel members. None of the taxpayer funded "financial collapse of 2008" bailout dollars went to the purposes chartered by their legislation. That includees the TARP $850 Billion, the Obama Stimulous $1 Trillion, and the mega FRBC $16.1 Trillion. No bad debts were purchased and retired. No rotting mortgage securities were swept up and restructured. No shovel ready jobs either. And no one in government or banksterism having caused the financial collapse went to jail. Instead, the perps feasted on the bailout dollars. The debt remains on the books of international Banksters, collecting interest, thirsting for foreclosure. The Bankster Cartel members are flush with cash, but not lending. By law (The Federal Reserve Act of December 23rd, 1913), FRBC members must keep a significant amount of their assets on "reserve" at the Federal Reserve, at 6% interest. In exchange for managing this process and the exploding money supply, the taxpayers of the USA are obligated by law to pay the FRBC 1% per year of (assets under management" (the money supply). Take note: the FRBC takes the 1% per year payment for their services in the form of GOLD!! They will not take payment in the form of paper notes labeled legal tender "Federal Reserve Notes". They only take GOLD. My transition to Constitutional Libertarian begins with a strct reading of the Constitution (the How), the Declaration of Independence, (the Why), and belief in the Rule of Law, not man. The concept of achievi
Gary Edwards

Ted Cruz: Legal Limit Report 4 - 0 views

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    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore th
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    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unil
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Gary Edwards

Obama gives himself control of all communication systems in America - RT - 0 views

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    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia powers, and the "necessary and proper" clause empowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated powers".  The United States is a government of enumerated powers.  N
Gary Edwards

Liberty's backlash -- why we should be grateful to Edward Snowden | Fox News - 1 views

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    Liberty's backlash -- why we should be grateful to Edward Snowden By Judge Andrew P. Napolitano Published August 01, 2013 FoxNews.com Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment. It almost passed. The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss. But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal legal scrutiny or basic constitutional analysis. The president is deeply into this and no doubt wishes he wasn't. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does. As basic as that sounds, it is not a universally held belief am
Gary Edwards

United States Constitution - Wikipedia, the free encyclopedia - 0 views

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    "The Constitution of the United States is the supreme law of the United States of America.[1] Check out that footnote!!! excerpt: The Constitution originally consisted of seven Articles. The first three Articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislature, consisting of the bicameral Congress; the executive, consisting of the President; and the judiciary, consisting of the Supreme Court and other federal courts. The fourth and sixth Articles frame the doctrine of federalism, describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution. The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven States. It went into effect on March 4, 1789.[2] Since the Constitution was adopted, it has been amended twenty-seven times. The first ten amendments (along with two others that were not ratified at the time) were proposed by Congress on September 25, 1789, and were ratified by the necessary three-fourths of the States on December 15, 1791.[3] These first ten amendments are known as the Bill of Rights. The Constitution is interpreted, supplemented, and implemented by a large body of constitutional law. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of many other nations."
Paul Merrell

One Click Politics - 0 views

  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
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    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Gary Edwards

What Is or Should Be the Law? essay on Frederik Bastiat's "The Law" - 1 views

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    Jeffrey Tucker at The Daily Reckoning wonders about all those Presidential Executive Orders that make Law while by-passing the Congressional process and making mockery of the USA Constitution.  He ends up referencing the great libertarian, Frederick Bastiat's seminal work, The Law - written in 1849.    
    excerpt: One party gets annoyed when the other party's president enacts laws without regard to any constitutional conventions.
    But what is the law, and what should it be? These are the bigger questions that are not part of public consciousness.
    The same was true in the time of Frédéric Bastiat (1801-50). At the very end of his life, he wrote an impassioned plea on the topic. He tried to get people to think hard about what was happening and how law had become an instrument of plunder, rather than a protector of property.
    He writes:
    ...... "It is not true that the function of law is to regulate our consciences, our ideas, our wills, our education, our opinions, our work, our trade, our talents or our pleasures. The function of law is to protect the free exercise of these rights, and to prevent any person from interfering with the free exercise of these same rights by any other person." .......
    This is from Bastiat's The Law, one of the great political essays to emerge from the whole Continental world of the 19th century. It vanished into obscurity in France, was resurrected in late 19th century English, and then disappeared again, only to reappear in the United States in the 1950s, thanks to the efforts of the Foundation of Economic Education.
    This essay asks fundamental questions that most people go through life never having thought about.
    The problem is that most people accept the law as a given, a fundamental fact. As a member of society, you obey or face the consequences. It is not safe to question why. This is because the enforcement arm of the law is the state, that peculiar agency with a unique power in society to
Gary Edwards

Possible Constitutional Amendments in the event of an Article V Convention of States - ... - 0 views

  • NUMBER ONE: "Section One:   The Constitution of the United States shall be read and interpreted literally.   No words or phrases shall be changed or substituted and no part of the Constitution shall be used to expand or increase Federal Power or Authority beyond that EXPRESSLY granted and enumerated in the Constitution.   The language of the Constitution shall be interpreted according to the definition of words at the time of their inclusion in the Constitution. Section Two:    Congress shall have, by two thirds vote of both the House of Representatives and the Senate, the power to override individual rulings of the Supreme Court of the United States and/or subordinate Federal Courts.   The President shall not have veto authority over Congressional overrides of Federal Court decisions."
  • NUMBER TWO: "Section One:    No person shall be elected to Congress more than once unless serving in Congress at the time of the ratification of this amendment, in which case members of Congress shall be eligible for re-election to their respective seats one time. Section Two:     In the event the Seventeenth Amendment to the Constitution of the United States is repealed members of the Senate of the United States shall serve at the pleasure and discretion of the Legislature of their respective State. Section Three:  Neither Congress, the President, nor any Federal Court shall make any law, rule, regulation, or order that does not apply equally to themselves and all citizens of the United States.   Nor shall Congress, the President, or any Federal Court cause or allow any law, rule, regulation, or order to be made by any agent or agency of the Federal Government that does not apply equally to themselves and all citizens of the United States.
  • Section Four:    Neither Congress nor the President shall receive any publically-funded retirement or benefit beyond appropriate pay not available to all citizens of the United States. Section Five:    Section Four shall not apply to members of Congress or Presidents, serving or retired, at the time of the ratification of this amendment. Section Six:      The President shall be subject to popular recall by his/her constituency.   Within 90 days of the ratification of this amendment Congress shall pass legislation governing the recall of the President.   In the event Congress fails to pass the required legislation within the required 90 days, the President shall be considered to have been recalled and a new election held within 60 days. Section Seven: Members of Congress shall be subject to popular recall by their respective constituencies, unless the Seventeenth Amendment to the Constitution of the United States is repealed, in which case only members of the House of Representatives shall be subject to popular recall.   Within 90 days of the ratification of this amendment each State shall pass legislation governing the recall of its Congressional Delegation.   In the event a State fails to pass the required legislation within the required 90 days, that State's Congressional Delegation shall be considered to have been recalled and new elections held within 60 days."
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  • NUMBER THREE: "Congress shall make and the President shall sign a Balanced Federal Budget every year and before the beginning of the ensuing fiscal year.   In the event Congress and the President fail to make said Balanced Federal Budget before the beginning of the ensuing fiscal year, the last Constitutionally passed and signed Federal Budget shall go into effect and shall be the Federal Budget for the entirety of the ensuing fiscal year.   Balanced shall be defined as expenditures not to exceed revenues except in time of war as declared by Congress.   Revenues shall be defined as monies received; not monies predicted, anticipated, or forecasted.   Unfunded liabilities, obligations, and/or mandates shall be included in the calculation of the Balanced Federal Budget."
  • NUMBER FOUR: "The Fourteenth, Sixteenth, and Seventeenth Amendments to the Constitution of the United States are hereby repealed.   All Federal agencies, programs, laws, rules, regulations, and/or orders created, passed, or handed down as a direct or indirect result of the Fourteenth, Sixteenth, and/or Seventeenth Amendments are hereby stricken from Law, declared null and void, and have no force of effect."
  • NUMBER FIVE: "Section One:     Only persons born of two parents, both of whom are citizens of the United States at the time of the birth of the person, shall be citizens of the United States unless naturalized under the terms and conditions of the Constitution of the United States. Section Two:      Only United States Citizens shall enjoy or receive all rights, benefits, and privileges of United States Citizenship. Section Three:   Non-citizens shall not receive, directly or indirectly, Federal or Constitutional benefits, privileges, or protections."
  • NUMBER SIX:   "The several States are hereby empowered, individually or collectively, to enforce the Constitution of the United States and Federal Law, within their respective borders, regardless of Federal resistance or objections."
  • NUMBER SEVEN:   "Section One:   The Second Amendment to the Constitution of the United States shall be interpreted to mean the FUNDAMENTAL right of individual citizens and/or groups of citizens to keep and bear arms; in their homes and/or other properties, in public and private, and on their persons. Section Two:    Non-citizens and persons convicted of a violent felony by a jury of their peers do not have this right."
  • NUMBER EIGHT: "The First Amendment to the Constitution of the United States shall not be interpreted to prohibit or restrict the peaceful, free exercise or expression of religion, in public or private, or in or on public property."
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    "Possible Constitutional Amendments in the event of an Article V Convention of States Posted by Oren Long on January 12, 2015 at 3:42am in Tea PartyView Discussions ARTICLE V CONVENTION OF STATES; ARE YOU WILLING TO CHANGE THE STATUS QUO IN D.C.?   One of our astute and true conservative members of this site has drafted suggested changes to the Constitution to be proposed in an Article V, Convention of States. I know many of you have seen his postings on here about this issue. Mr. Oren Long is very knowledgeable and well educated and has honorably served our country. He has put a tremendous amount of time and thought into ways to, in his words, "armor and reinforce" the Constitution and return it to its Original Intent, as envisioned by the Founders. Therefore, because I agree with every one of his suggested changes, I am publishing it for him, with his permission. I truly hope that we, as a group, as conservatives and as a people who believe that our country is heading toward disaster, because of the course we are on, I fully endorse his recommended suggestions. I believe that we must take any and every course of action we can to "stop the madness" It is quite long, so PLEASE take the time to read each and every one of them. I am sure that some or many, may have suggestions to this document and they are welcome and open to discussion. If you agree with this, please call your State elected officials and urge them to get on board with an Article V Convention of States. To review or obtain more information of this process, please visit one of these sites:    http://www.conventionofstates.com/           http://www.cosaction.com/              To Whom It May Concern, The following is neither sanctioned by nor proposed by the Article V Convention of States Project.   Rather, it is entirely my work as a volunteer for the Convention of States Project.   To give you an overview of the kinds of amendments that may or may not be consid
Gary Edwards

The Lawless President - 0 views

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    Excellent read!  Peter Ferrara walks us through the latest Obama assault on the Constitution, this time his refusal to enforce laws he disagrees with.  Surprisingly, this now includes the employer mandate portion of ObamaCare!!!  Why he has to do this however is a stunning story. Bottom line:  The latest jobs report has the economy producing 195,000 new jobs in the past quarter.  The problem is, 100% of these new jobs are part-time.  Thanks to ObamaCare.   "The duties of the President of the United States are spelled out in Article II, Section 3 of the Constitution, which states, inter alia, that the President "shall take Care that the laws be faithfully executed." As Stanford Law Professor and former federal judge Michael McConnell explained in yesterday's Wall Street Journal, "This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so." Section 1513(d) of the Unaffordable Care Act (aka "Obamacare") states unequivocally, "The amendments made by this section shall apply to months beginning after December 31, 2013." In other words, the provisions of Obamacare become fully effective in 2014, as a matter of duly enacted federal law. But over the long Fourth of July weekend, in a "Never Mind" moment, the Obama Administration announced, through a Deputy Assistant Secretary of the Treasury, that contrary to federal law, the employer mandate of Obamacare shall not become fully effective in months beginning after December 31, 2013, but only in months beginning after December 31, 2014. Making the announcement through such a low level Administration official to me says that Obama has contempt for the American people, and for the rule of law. Barack Obama: Lawbreaker But it does not matter who announces it. The President is the one responsible. And the announcement constitutes the assumption of authoritarian powers by President Obama. McCo
Gary Edwards

The Civil War is Here | Frontpage Mag - 0 views

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    "Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. A civil war has begun. This civil war is very different than the last one. There are no cannons or cavalry charges. The left doesn't want to secede. It wants to rule. Political conflicts become civil wars when one side refuses to accept the existing authority. The left has rejected all forms of authority that it doesn't control. The left has rejected the outcome of the last two presidential elections won by Republicans. It has rejected the judicial authority of the Supreme Court when it decisions don't accord with its agenda. It rejects the legislative authority of Congress when it is not dominated by the left. It rejected the Constitution so long ago that it hardly bears mentioning.   It was for total unilateral executive authority under Obama. And now it's for states unilaterally deciding what laws they will follow. (As long as that involves defying immigration laws under Trump, not following them under Obama.) It was for the sacrosanct authority of the Senate when it held the majority. Then it decried the Senate as an outmoded institution when the Republicans took it over. It was for Obama defying the orders of Federal judges, no matter how well grounded in existing law, and it is for Federal judges overriding any order by Trump on any grounds whatsoever. It was for Obama penalizing whistleblowers, but now undermining the government from within has become "patriotic". There is no form of legal authority that the left accepts as a permanent institution. It only utilizes forms of authority selectively when it controls them. But when government officials refuse the orders of the duly elected government because their allegiance is to an ideology whose agenda is in conflict with the President and Congress, that's not activism, protest, politics or civil disobedience; it's treason. After losing Congress, the left consolidated
Gary Edwards

PETITION URGING CONGRESS TO IMPEACH PRESIDENT BARACK OBAMA - 0 views

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    "PETITION URGENTLY REQUESTING THAT CONGRESS LAUNCH AN INDEPENDENT AND COMPREHENSIVE INVESTIGATION INTO UNCONSTITUTIONAL AND IMPEACHABLE OFFENSES ON THE PART OF PRESIDENT BARACK OBAMA To: All members of the U.S. Congress: Whereas, President Barack Obama not only failed to aid U.S. personnel under lethal and prolonged terrorist attack in Benghazi, Libya, on Sept. 11, 2012, resulting in the deaths of a U.S. ambassador and three other Americans, but also led an outrageously deceitful cover-up for weeks afterward, rivaling the Watergate-era cover-up that ended the presidency of Richard Nixon; Whereas, the IRS under Obama - in accord with direct instructions from congressional Democrats - has engaged in the most egregious and widespread attack on conservative groups in modern history, with the knowledge of top agency officials; Whereas, the Obama Justice Department, on top of its many first-term scandals, has spied on and harassed journalists at Fox News and the Associated Press, prompting widespread, bipartisan condemnation of the DOJ for "criminalizing journalism"; Whereas, top constitutional attorneys from across the political spectrum now agree that Obama has committed certain specific offenses that unquestionably rise to the level of impeachable "high crimes and misdemeanors"; Whereas, one of these offenses - that of illegally conducting war against Libya - has been deemed by a bipartisan panel of constitutional experts to be "clearly an impeachable offense" and "gross usurpation of the war power"; Whereas, Obama's policy of targeted assassinations of U.S. citizens without any constitutionally required due process - including the drone assassination of an American-born 16-year-old as he was eating dinner - is unanimously deemed by experts, both liberal and conservative, as "an impeachable offense"; Whereas, Obama's Justice Department has presided over the disastrous "Fast and Furious" operation in which approximately 2
Gary Edwards

American Thinker: Obamacare - The Perfect Constitutional Storm - 0 views

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    Much has been made of several states suing the federal government over the passage of ObamaCare. The argument is, essentially, that the new law violates the 10th Amendment and infringes on the "commerce clause" of the Constitution. In this article, I will argue that this approach by the states will probably fail (in and of itself) -- but that the suits brought by the states could play a role in a more comprehensive strategy to challenge the constitutionality of ObamaCare. Let's make one thing clear up front. The states are motivated to take legal action to stop the recently passed health care bill because of one primary factor: political pressure. Around 60% of the people in America are mad as hell about the passage of ObamaCare -- and any local or state elected official with a lick of sense knows it. There are some governors and state legislators who have figured out that ObamaCare may amount to the final nail in the coffins of their financially deceased states' treasuries. But few politicians worry about their states' debts; most agonize over being reelected. States have ceded power, with few complaints, to the federal government for highway funding, control of education, Medicare and Medicaid mandates, management of waterways, etc., etc., ad nauseam, for over fifty years. The states, acting alone in a constitutional challenge of the new health care legislation, will have some difficult hurdles to overcome: A) Article VI of the Constitution states in part: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. States can pass all the laws that they want "nullifying" ObamaCare. But they can't nullify the Constitution. Article VI is a huge obstruction for the states because, like it or not, ObamaCare is now the "law of the land." B) The "comme
Gary Edwards

100th Anniversary of the Beginning of the End? (Part 1) - The Patriot Post - 1 views

  • I take the Oath of John Galt and put action to it: "I swear by my life and my love of it, that I will never live for the sake of another person, nor ask another to live their life for me."
  • In this dark day of the former republic, I stand in Resistance to the premier means of acquisition by the State, the Income Tax.
  • "They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." (Ben Franklin)
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  • "A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever." (John Adams)
  • "Our cause is noble; it is the cause of mankind!" (George Washington)
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    Excellent history of how America lost it's Constitutional Republic.  The author tags the first progressive (marxist/socialist) President, Woodrow Wilson, as the culprit.  In 1913 Wilson shoved through the 16th and 17th Amendments.  He also pushed through the midnight express known as the Federal Reserve.  And as if that was not enough damage, he pushed for the "League of Nations" - a precursor to the present day United Nations Globalist New World Order. Oh yeah, the first progressive president also jacked us into humanities first World War. Wilson was a Manchurian stooge for the Globalist Rothschild Banksters, and the USA Bankster contingent led by Rockefeller, Morgan and Carnegie.   Note that in the election of 1896, the Banksters banked the corporatist McKinley against the GOLD standard populist, William Jennings Bryan.  McKinley was assassinated in 1901, and his VP, Teddy Roosevelt, became President.  Roosevelt successfully went after the Robber Bankster Barons; Rockefeller, Carnegie and Morgan, passing the Sherman Anti Trust laws and bringing the criminal corporations to trial.  This set the stage for the Bankster coup in 1913, where, with the election of Wilson the Banksters ended the great Consttitutional Republic and ushered in a century of ever encroaching socialist tyranny. ........................... excerpt: "One hundred years ago, our federal government, under control of the progressive Woodrow Wilson, took actions that have since become a disaster for these United States. Looking back, these actions were the beginning of what could be the end of our Constitutional Republic. With progressives in control in 2013, similar actions are underway that could complete a sinister view by progressives then and now to "transform" us into something our Founders never intended, and most Americans through the years never wanted and still don't. In 1913 our Constitution was amended by the ratification of two amendments, the Sixteenth and Seventeenth, an
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