About
Lawyer, philosopher & logician. Strict constructionist of the U.S. Constitution. Passionate about The Federalist Papers (Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following:
There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus.
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“If the America People do not rise up and defend their Constitution and the intentions and beliefs under which it was adopted, who is left to do so but the very people who it was designed to control and regulate?” Johnwk
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“Any man who thinks he can be happy and prosperous by letting the Government take care of him, better take a closer look at the American Indian.” Attributed to Henry Ford.
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I saw a movie where only the military and the police had guns: Schindler’s List.
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“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.” Autobiography of Mark Twain
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PERMISSION to re-post: You may re-post my papers on your own sites, provided you do not change the text, retain all the hyperlinks, and have a link back to my website. However, since I periodically revise my papers, the better practice is to post a para or so and have a “continue reading here” which links to my site. That way, your readers will have the most recently revised edition.
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Where do Rights come from? God? The Constitution? The supreme Court? Or the “government”? I’ll show you. It is important that you understand. (videos in two parts totaling 22 minutes)
http://www.youtube.com/watch?v=tMpXBckyDac
http://www.youtube.com/watch?v=oN29tAiNV7o
* * *
To the Department of Homeland Security:
I am delighted to learn of your intense & increasing interest in learning the original intent of Our Constitution! Please feel free to browse around to your hearts’ content.
Also, if any of you have questions as to the original intent of any provision or provisions of Our Constitution, please feel free to post your questions.
To learn Our Constitution, you will need to get a copy of The Federalist Papers; and for word definitions, Webster’s 1828 Dictionary of the American Language. You can find The Federalist Papers on line; and here is an online copy of Webster’s 1828 Dictionary: As I trust you know, word meaning are like the clouds: meanings change as time passes. So, naturally, we want to focus on the meanings enjoyed by Words during the Era of our Founding.
OK! Here is your homework assignment: Get a hard copy of The Declaration of Independence and our Constitution. Read them cover to cover. Using different colored pencils, highlight (1) the powers of Congress, (2) the powers of the Executive Branch, and (3) the powers of the judicial branch.
With a 4th color, highlight all references to God in both Documents!
Please pay particular attention to what the Declaration says about the SOURCE of our Rights. Mark that with a 5th color.
Surprising, isn’t it?
Oh! You can get pocket copies from the Cato Institute, the Heritage Foundation, etc. I think Heritage sells them in bulk – really cheap – so you can buy lots and distribute them to your co-workers, family and friends.
Again, do not be shy about posting your questions! I am just a little old lady, and do not bite.
Kindest regards, Publius Huldah.
Publius Huldah explains when Nullification of unconstitutional acts of the Legislative, Executive, or Judicial Branches of the federal government is required by Article VI, clause 3, U.S. Constitution.
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About
Lawyer, philosopher & logician. Strict constructionist of the U.S. Constitution. Passionate about The Federalist Papers (Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following:
There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus.
* * *
“If the America People do not rise up and defend their Constitution and the intentions and beliefs under which it was adopted, who is left to do so but the very people who it was designed to control and regulate?” Johnwk
* * *
“Any man who thinks he can be happy and prosperous by letting the Government take care of him, better take a closer look at the American Indian.” Attributed to Henry Ford.
* * *
I saw a movie where only the military and the police had guns: Schindler’s List.
* * *
“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.” Autobiography of Mark Twain
* * *
PERMISSION to re-post: You may re-post my papers on your own sites, provided you do not change the text, retain all the hyperlinks, and have a link back to my website. However, since I periodically revise my papers, the better practice is to post a para or so and have a “continue reading here” which links to my site. That way, your readers will have the most recently revised edition.
* * *
Where do Rights come from? God? The Constitution? The supreme Court? Or the “government”? I’ll show you. It is important that you understand. (videos in two parts totaling 22 minutes)
http://www.youtube.com/watch?v=tMpXBckyDac
http://www.youtube.com/watch?v=oN29tAiNV7o
* * *
To the Department of Homeland Security:
I am delighted to learn of your intense & increasing interest in learning the original intent of Our Constitution! Please feel free to browse around to your hearts’ content.
Also, if any of you have questions as to the original intent of any provision or provisions of Our Constitution, please feel free to post your questions.
To learn Our Constitution, you will need to get a copy of The Federalist Papers; and for word definitions, Webster’s 1828 Dictionary of the American Language. You can find The Federalist Papers on line; and here is an online copy of Webster’s 1828 Dictionary: As I trust you know, word meaning are like the clouds: meanings change as time passes. So, naturally, we want to focus on the meanings enjoyed by Words during the Era of our Founding.
OK! Here is your homework assignment: Get a hard copy of The Declaration of Independence and our Constitution. Read them cover to cover. Using different colored pencils, highlight (1) the powers of Congress, (2) the powers of the Executive Branch, and (3) the powers of the judicial branch.
With a 4th color, highlight all references to God in both Documents!
Please pay particular attention to what the Declaration says about the SOURCE of our Rights. Mark that with a 5th color.
Surprising, isn’t it?
Oh! You can get pocket copies from the Cato Institute, the Heritage Foundation, etc. I think Heritage sells them in bulk – really cheap – so you can buy lots and distribute them to your co-workers, family and friends.
Again, do not be shy about posting your questions! I am just a little old lady, and do not bite.
Kindest regards, Publius Huldah.
Publius Huldah explains when Nullification of unconstitutional acts of the Legislative, Executive, or Judicial Branches of the federal government is required by Article VI, clause 3, U.S. Constitution.
PUBLIUS HULDAH
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11 TH AMENDMENT Vs. ARTICLE 3 SECTION 2 MISS? CAN YOU SEE THE CONFLICT ? THE ELEVENTH PROPOSAL WAS IN CONFLICT WHEN IT WAS FIRST PROPOSED BACK THEN AND IN 1798 IT WAS RATIFIED AS THE 11 AMENDMENT AND IT IS STILL IN CONFLICT THEN AND NOW CAN YOU SEE THAT ? GET YOUR CONSTITUTION AND READ IT !!!
THE ONLY AMENDMENT ARE FROM 11 TH AND UP BUT WHEN THE FOUNDING FATHERS PROPOSE THE 12 PROPOSAL THEY EXCEPTED TEN WICH BECAME BILL OF RIGHTS OR OUR AGREEMENT/CONTRACT NOT AMENDMENT !!WHEN YOU CLAIM 5TH AMENDMENT THERE IS NO SUCH A THING SO THEY PLACE YOU UNDER THE14 TH AMENDMENT AND PROSECUTE YOU AND NO ONE REALIZES HOW THEY GOT SCREWED BY THE BAR ASSESSONATORS !!
People are screwed by believing the rubbish ignorant people like you put out.
You don’t know what you are talking about. You have no understanding of the function of amendments. Amendments change the Constitution.
The 11th Amendment reduced the jurisdiction of the federal courts.
[...] The speaker is Publius Huldah, a pen name, for a former college professor of the Constitution. She has many articles covering the Constitution. SEE WEBPAGE [...]
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never a college professor! I actually fought in the trenches as a litigation attorney.
Today, March 5th 2013 I came across one of your video presentations and I was singularly impressed with your delivery, your knowledge, and your passion concerning our Constitution. Bravo!!! I look forward to your thinking and your future presentations. Wouldn’t it be great if you were able to present your arguments to the Supreme Court? A new fan.
2013 02 27 I am watching you and the tv program where you are at the TN State Senate. I stopped fixing breakfast, I put on my recorder, and didn’t move until, well, it isn’t over yet. I think you are the most wonderfully perfect speaker, and your mind is incredible to behold. I just thought you might want to know that I believe you completely got to the heart of the matter. I went through a similar process several months, and know that something needs to be done.
Is the video online somewhere so more of the Tennessee-ans can see it?
I think it is – I’ll look for it and post it.
The complete session is linked at rtr.org
YES this is the link: http://tnga.granicus.com/MediaPlayer.php?view_id=269&clip_id=7223 At least that the link of the page it is playing on. The link previous to that, that you click on is: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0250 (there is a link here that gives you the movies of it)
THANK YOU, my dear!
But the way Brian kelsey conducted the hearing reminded me of the old saying:
“Whoever loves sausages and respects the law shouldn’t watch either of them being made.”
And I must say, I expect his Mama is ashamed of him for his bullying, boorish behaviour.
I am glad that I have “stumbled” upon your blog, your knowledge of the Constitution is the best since Rawles wrote “Views of the Constitution” in 1828!
Please continue to edify the ignorant!
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[...] To the Department of Homeland Security: I am delighted to learn of your intense & increasing interest in learning the original intent of Our Constitution! Please feel free to browse around to your hearts’ content. [...]
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Is there a way to search your blog site?
Thank you, Ben. I am realizing I need a professional web designer. We are ‘puter illiterates in this household. But in the meantime, someone is trying to set up a search function here.
Control F works for me.
Thank you for sharing your knowledge. I’ve never had the opportunity to sit under the teaching of those who hold our Constitution as a scared document for our country. I will be checking in now and then to learn even more.
Oops that’s “sacred document” lol
Thank God for your insights and energy! Your material are great to confront the so-called progressive agenda of the left, and against Sharia law. Keep up the great work. Stay well and blessed!
I like most of what McNiel says.
Except
1. A new party — I think the probability of tAking over the Republican party is much higher than success with a third party. Only active people will support a third party and they are only a small proportion of the voters. Better to claim the people who know what is right but don’t have time to think about it by commandeering the Republican party than try to create a third party. TR failed!!
2. Constitutional convention — Bad idea. The folks sent their representatives to Philadelphia to “modify” the Articles on Confederation. The group came up with a whole new constitution. Do you trust the state legislatures to stick to you “issues”? I don’t.
Go with changing the Republican party to stand withyour tax an congressional committee ideas and I’m with you.
Ed
Publius,
I was introduced to your blog through a link on Facebook. What a breath of fresh air! I will be coming back often.
You may be interested to know that there are other concerned Americans out here working to restore our freedoms from another perspective: sound accounting principles and economic law.
When you get 5 free minutes, check out my 21st century economic plan to restore freedom to ALL American citizens at AmericanCitizenParty.us.
First, read “The Plan – An Overview”. Then read the 12-page “Economic Freedom Act”, which is based on a return to Constitutional principles.
In this age of 2,000 page bills that take our freedoms away from us, it seems impossible to believe that they can be restored in 12 pages. But, it is true.
Regards,
Bob McNeil
Founder/Chairman
American Citizen Party
Bob, On this site, I explain the original intent of The Constitution. To do this, I use the Declaration of Independence, The Federalist Papers, Madison’s Journal of the Federal Convention of 1787, the Bible, and Noah Webster’s 1828 Dictionary.
This is not a forum for pushing any political party. I don’t think it matters what parties we have if the people in them do not understand our founding documents. No program, party, or plan will save us. Just knowledge of our founding documents and repentance. I focus on that alone.
Thanks for your site. A political buddy first mentioned you and I’m putting a toe in tonight. So here’s a question: What are you doing/have you done to avail Arizona of your tremendous understanding? Have you contacted the Governor directly, offered your legal services and counsel? Have you taken all steps possible, since the direction of the specific court action began jumping off of the constitutional rails,to insinuate yourself into the process and keep things going as they should?
They know about it, Seward. But there are many dark corners to light up. Look at all the trouble we are having with Oily in the comment section of my last paper! Their minds are not only dark, they are slammed shut!
Linguistics has fascinated me from day one, but sometimes the trees cannot be discerned from the forest. I have seen nothing of your contentions in the media, and, therefore, I wonder the allegiance of our pen masters or the accuracy of your admonitions.
I am most interested in hearing and reading about the outcome to this most interesting turn of events.
As the populace might say, “Rock on!”
I would do any thing for all this in book form.where can i buy it.
Thank you! I’m computer illiterate but will see what I can do about getting a print function added to my website. Meanwhile, maybe you know someone who can show you how to print things from this site? I’m sorry I can barely find my way around on ‘puters. I’m from the parchment & quill pen generation.
One can do a screen shot and save and print it.
Thank you, justdeva. In my household we have been meaning to take ‘puter classes, we just never get around to it.
Will most people know how to do screen shots?
What a wonderful discovery I have made in finding you. May we link to your blog from ours, the Conservative Party USA?
Sam
National Chairman
You certainly may! And thank you very much! After all the hate mail, I really appreciate the friendly ones! Publius
Publius-Huldah
I am enjoying the read of your blog that I newly discovered, thrilled that there are still lawyers out there that are not (Evolutionists) and can help frame the serious work that needs to be done to wrestle back control of our Country from socialists thieves. Yes we can vote out House and Senators but how do we attack the bigger villian the COURTS from chewing away our rights in tortured language and logic to render them as foreign from truth to our understanding as farm animals checking the barn door as in Orwell’s Animal Farm. We must find the first precedents that radically deviated from intent and attack the false legs holding that legal standing to have hope to reverse the damage already done.
I look forward to reading all your papers.
Respectfully Claudia
It is my belief that nothing is impossible. You say “burn it”. I don’t see that happening. I do see Scalia’s argument being picked apart by forcing it to confront common sense. As Scalia quoted, in so many words, you can’t build “inference upon inference” to reach anywhere in American life.
Using Thomas’s thinking and other dissents from the cases
2004 – Gonzalez vs. Raich [Medical Marijuana] 6-3
and
1942 – Wickard v. Filburn Private Wheat Produciton. 5-4
I think a case for reversal can be built. Also, under “takings”, I don’t
understand what the return value is. If the government takes my property
aren’t they supposed to reimburse me with just compensation? If I don’t
use any medical care, where is my just compensation?
Finally, a lot of the Social Security and medical bills depend on the word
“insurance”. If you look that up in the dictionary, it doesn’t bare much resemblance to what is described in the laws. Confronting the courts with the common sense observation that Medicare is NOT insurance, but a redistributive tax might be a useful path.
I don’t like the expansive thinking but stare decisis is part of the mechanics of the law. Without it every trial would produce a new interpretation of the same words. What is bad about stare decisis is that it builds upon error. I don’t know how legal philosophers deal with that aspect of the law.
Just a few thoughts on this. Still reading.
Ed
Originalism will never win until Justice Scalia reverses himself on 2004 – Gonzalez vs. Raich [Medical Marijuana]. Read his opinion and say otherwise. A large concerted effort could yield to “common sense” a victory over expansive interpretations of “substantially affects interstate commerce”. All seems based on the 5-4 decision in
1942 – Wickard v. Filburn Private Wheat Produciton case.
Both Gonzalez and Wickard defy common sense and would genuinely surprise our founders and even John Marshall.
All “government can’t force me to buy health insurance” arguments pivot on these two decisions, at least for the commerce clause part of the justification. The earlier one was 5-4 and the later was 6-3. Demolition of these two decisions means a lot for the country and the strengthening of the constitution.
Ed
Yes, my dear Friend Ed,
Reading Justice Scalia’s opinions is often like getting stabbed in the back by someone whom you thought was your friend. Scalia, like those who signed onto the majority opinion, does not go by The Constitution. Instead, he goes by supreme court decisions – 220 years of precedent – which rarely bears any resemblance to The Constitution.
Justice Clarence Thomas is my favorite. I would add, of course, that regulation of “drugs” is NOT one of the enumerated powers of Congress! Just as banning alcoholic beverages is not one of the enumerated powers of Congress. That’s why they had to pass the 18th Amendment – to give Congress authority to make laws banning alcoholic beverages!
If you will look at my revised edition of “Congress’ Enumerated Powers” on my site here, you will see that I added a paragraph proving the original intent of the “necessary and proper clause” – I PROVE it by quotes from Hamilton & Madison in The Federalist Papers.
And in my paper on whether the “interstate commerce” clause authorizes Congress to force us to buy health insurance, I present an expanded proof of the original intent of the “interstate commerce” clause.
Finally, do you notice how, throughout, these Judges cite prior decisions of the Court as AUTHORITY? That is shocking! The court’s only power is to decide those FEW cases which they are authorized by Art. III to hear (See my paper on the jurisdiction of the federal courts), their opinions affect ONLY the parties to the case before them, and their opinions are NOT “Law”!
I think the best thing to do with the 220 years of supreme court precedent is, as Braveheart said of the English nobleman’s fort, “burn it”.
As Judge Bork has said (many times), “precedent is not dispositive.” The Supreme Court is not bound by previous decisions. While one might argue that it would be disruptive in the short run simply to overturn all of their previous anti-Constitutional opinions as fast as possible, we don’t have to repeat and extend their mistakes just because they made them previously. We don’t have to “burn it” — we should ignore it, and go back to the text and intent of the Constitution. President Jackson, in response to Worcester vs. Georgia, is alleged to have said, “John Marshall has made his decision; now let him enforce it!” The Supreme Court has no power except our respect for their opinions; having forfeited that respect, they will have to earn it back, one case at a time.
Amen, Friend! My “burn it” comment was inspired by William Wallace when he ordered his men to burn the English fort. I love that line!
But you are right – subsequent SCOTUS decisions should repudiate the earlier cases by name, expressly overrule them, and then give the constitutional decision. It would facilitate legal research if the unconstitutional opinions are expressly overruled. Otherwise they hang around as precedent which is still on the books. And would confuse future generations of lawyers – and we have seen how easily they are confused. I have an internet friend who is a math professor. He thinks part of the problem with lawyers is that they don’t study the “hard” sciences. I expect he is right. I studied Logic as a young child and as an undergraduate – that was as “hard” as my studies ever got – in the sense of dealing with “hard” FACTS and not opinions. Oh, I had high school geometry which I loved.
Publius,
I know little in life, comparatively, but have learned how to find answers. With respect to your Q & A interest, I can research to see if it is possible on WordPress. Please e-mail me with some instruction on how you would like to see a Q & A function.
M______
Dear Braveheart,
Thank you! I sent you an email. PH
Thrilled to find your blog! I know I will be referring to your posts often. God bless!
I don’t understand ‘puters at all. I need a helper – it’s so hard to move from the pen & ink generation to the ‘puter generation. But did learn how to replace my beloved footnotes with hyperlinks when I can find an on-line source!
Which template are you using in WordPress? I can probably help you with adding comments to your site, Q&A.
Dear William, Thank you for your kind offer! But “Braveheart” is already looking into it. My computer was down most of the day yesterday – hence the delay in answering. Your friend, PH
Publius Was pleased to find you on AsAMom! And to check out your site. This is such a great site! You ought to be able to find some freeware that would let you do FAQs… or just a .pdf file, take the questions in on your sites and upload your .pdf periodically to you page on various sites. Hope you get it worked out, looking forward to it! J
P/H,
Where did you go on ResistNet.com?
I could not find you.
You were a lot of help !
Can i contact you here?
Neil J
Hi, Neil,
I am not computer literate, but want to find out if I can set up a Q & A section on this blog! That would be good, don’t you think? I’m glad you found me here. Stay in touch!PH
Claudia, dear,
THANK YOU! The night before I got your comment, I lay awake much of the night wondering why I was doing this. You reminded me.
Dear Publius,
YOU ARE FABULOUS! It is such a shame that “education” has failed so miserably in this country. I taught U. S. History, World History and Political Science in North Carolina a while back and I was one of a few teachers who would challenge the lies in the textbooks. Hopefully I was able to impart my passion for this country to some of my students. I pray that these students, who are now well into the workforce and almost middle-aged, will stand up with us against these fascists in this government.
Thank you for your dedication to our freedom and your annotations of the Constitution (the most brilliant document every written.)