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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

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

Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575--81 - 0 views

  • The most considerable of these remaining objections is, that the plan of the convention contains no bill of rights. Among other answers given to this, it has been upon different occasions remarked, that the constitutions of several of the states are in a similar predicament.
  • It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
  • It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
  • ...6 more annotations...
  • the people surrender nothing, and as they retain every thing, they have no need of particular reservations.
  • "We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."
  • I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted.
  • For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
  • I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power.
  • The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS
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    University of Chicago publication on the Web of all Federalist Papers.  The question i was researching had to do with Michael Hickens comparison of Hamilton to FDR (Franklin Delano Roosevelt).  I was looking for some are where there might be some measure of "agreement" between Hamilton and FDR. Hamilton of course is known as a great defender of personal liberty, LIMITED government, and the importance of ENUMERATED powers in the Constitution.  In this paper he argues that the call for a Bill of Rights added to the proposed Constitution is uneccessary exactly because the people did not grant to the government the powers to infringe or take away any freedoms/rights to begin with.  He further argues that enumerating these "rights" would suggest that somehow the federal government would have this power!  Even though it's enumerated in the Constitution.  So why write an enumerated Constitution if you have to further enumerate the rights of the people beyond the limits of government? FDR of course is the great statist/socialist who believed that the Constitution doesn't go far enough in it's obligations to CARE for the people's needs.  So FDR proposed a second Bill of Rights that expanded the governments responsibilities and POWER to provide for damn near every physical and material need a person might ever have.   Two interesting "value statements" to consider.  Guess which one would be supported by that great Federalist, Hamilton.  And which by that great statist/socialist, FDR? Karl Marx: "From each, according to his ability; to each, according to his need" The Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, " And then there's t
Gary Edwards

Why The Founding Fathers Would Want Obama's Plans to Fail: by Byron York - 0 views

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    James Madison was not specifically contemplating Barack Obama, or Nancy Pelosi, when he wrote Federalist No. 63. But reading the document - one of the seminal arguments in favor of adopting the U.S. Constitution - it's clear Madison knew their type. And he knew they would come along again and again in American history, if Americans were lucky enough to have a long history. Obama and Pelosi, along with their most ardent supporters, are the types to see a crisis, like our current economic mess, as a "great opportunity," as the president put it last Saturday. They are the types, after a long period out of power, to attempt to use that "great opportunity" to push through far-reaching changes in national policy that had only a tangential connection, if at all, to the crisis at hand. And they are the types the Founding Fathers wanted to stop. In the Federalist Papers, written 221 years ago, Madison addressed the need for a Senate to accompany the more populist House of Representatives. An upper body, he wrote, "may be sometimes necessary as a defense to the people against their own temporary errors and delusions."
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

The Precinct Project's Blog | Want to really "do something?" Take back the Republican P... - 0 views

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    "Where do the candidates on our primary ballots come from? An estimated 95 per cent of the candidates of the Republican and Democrat parties who win the primary election are those who are endorsed by the leadership of those parties. Do You Know Who Elects The Party Leaders? Did You Elect Them? Who elects the leadership of the parties? Do you know? Are you a registered Republican? Guess what? As a "mere" registered Republican voter, without more, you did not have a vote in the election of the present leadership of the Republican Party. Sorry, but those are the facts. Only elected precinct committeemen get to vote for the leadership of the Party. Do I yet have your attention? Ponder the fact that only elected precinct committeemen get to elect the Party leadership. Don't you want to have a vote in those elections? Getting into position to have that right is easy. About 3,141 counties exist in the United States. Almost all have a county party organization. And, those county organizations almost always endorse candidates in the party primaries. And, usually, those party-endorsed candidates win. Tired of the kind of Republican In Name Only Republicans who are winning the primaries? Then do something real and become a Republican Party precinct committeeman! Guess what? About half of the Republican Party precinct committeeman slots, nationwide, are unfilled! There's about 400,000 slots nationwide and about 200,000 of those slots are vacant. If conservatives filled up all the empty slots they OWN the Party. Precinct Committeemen are the Party. Do I yet have your attention? Has the light bulb above your head clicked on yet? In some counties, like the one where I reside, Maricopa County, Arizona, within which Phoenix sits, TWO-THIRDS of the precinct committeeman slots in the Republican Party sat unfilled on Election Day, 2008. [Well, it's now November, 2012, and we're now at 52 per cent strength instead of where we were back in 2008 at 31 per cent.] Spend a few
Gary Edwards

A First Look at the Book "The Liberty Amendments", by Mark Levin - Tea Party Command Ce... - 0 views

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    Excellent youtube interview! "Mark Levin has just published his much-anticipated book The Liberty Amendments: Restoring the American Republic. Three of his eleven proposed Constitutional amendments appear below, and a Sean Hannity interview of Levin appears at the bottom of this post. Levin's book is centered around the Constitution's Article V (aka "Article 5″). That article specifies two methods for amending the Constitution. Just briefly - In the first method of creating amendments, Congress proposes and the States dispose. In the second method of creating amendments, the States propose and the States dispose. The second method has never been used successfully, although there have been many attempts.  It is that second method that the Founders provided as a remedy for an overreaching federal government. In the second method, neither Congress, nor the President, nor the Supreme Court have any voting or veto authority whatsoever.  The states are in full control. Period. It is, by design, the ultimate override for an over-spending, over-taxing, over-regulating, and increasingly dictatorial and lawless federal government. Clearly, its time has come. In that second method, Congress has at most a mere ministerial role.  Of course Congress is very protective of its power, and could, through delay and inaction, attempt to convert their mere ministerial role into a de facto veto power, halting any attempt for a state-driven amendment action. Apparently Congress has done exactly that many times, acting in bad faith and contrary to the Framers' spirit and intent for Article V which is clearly expressed in the Federalist Papers. Legal scholars have been trying to find a way around the federal government's intransigence, so far with little success. Now more than ever, it is time for We the People to bring the power of Article V to the center ring of American politics. That starts with awareness, and Levin's book will br
Gary Edwards

The American Spectator : Let's Get Original - New Originalism, Old Originalism, Judicia... - 0 views

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    A "conservative" judge is not one who always votes to uphold conservative laws and to strike down liberal ones. Rather, when observers call a judge "conservative," they typically mean that he is to some degree an originalist. That is, he believes that laws have reasonably definite meanings, set by the words within them, and that these meanings do not change over time. Originalists do not believe that the Constitution is "living," and most originalists agree that judges should avoid looking beyond the text of enacted laws, except to learn the context and meaning of the laws themselves. Originalism has come a long way in a very short time. During a speech at an American Spectator dinner in late 2008, Justice Samuel Alito noted that there has been an explosion of judges' citing dictionary definitions from the eras when laws passed. This reflects a desire to understand what laws meant when the people, through their representatives, consented to them. Alito also noted that in Heller, both the majority opinion and the main dissent used originalist arguments. That is, the justices disagreed only on what the words of the Second Amendment meant to the generation of Americans that enacted it, and used a good deal of historical evidence in making their points. To understand originalism's rise, it helps to understand originalism's history. In the 18th century and most of the 19th, originalism was the only game in town. The Supreme Court almost never struck down the actions of the other branches of government. When the justices made decisions, the reasoning was typically grounded in the text of the Constitution, sometimes with extra evidence of the Founders' intentions from contemporary documents like the Federalist Papers.
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