By Publius Huldah.
It is the dogma of our time that proponents of government safety net programs hold the moral high ground. Accordingly, Democrats preen over their own “compassion”; and Republicans chime in that they too “believe in safety net programs”.
But safety net programs are unconstitutional and immoral. They are unconstitutional because “charity” is not one of the enumerated powers of the federal government.1
They are immoral because they are based on a fabricated system of man-made anti-rights which negate the Rights God gave us.
The Origin of Rights and the Purpose of Civil Government
The Declaration of Independence sets forth the Principles which were fleshed out – more or less perfectly – in Our Constitution.
The key is the 2nd paragraph, which begins:
“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, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…” [emphasis added]
The Bible shows that God gave us a great many rights such as to earn, keep, and inherit private property; to defend ourselves; to worship God; and to live our lives free from meddling and interference as long as we observe the God-given Rights of others.
But men are not angels. Evil men seek to take God given Rights away from others. Evil men seek to exercise power over others.
That is why we need civil government – to restrain the wicked. Without civil government, we would be in anarchy, always defending ourselves from those who seek to do whatever they want with our lives, liberties, persons, and property.2
So! Rights come from God, and the purpose of civil government is to secure the rights God gave us.
Political Power is from The People!
Our Constitution was based on the radical Principle that The People are the original source of political power.
Throughout history, political power has been seen to originate with the King. This is powerfully illustrated by King John I in the movie “Robin Hood” with Russell Crowe and Cate Blanchet. King John saw his Will as “law”, and the People as “subjects” to his Will.
But in this Country, WE THE PEOPLE ordained and established the Constitution and created a federal government. And the federal government We created was subject to us.
The Preamble to our Constitution, “WE THE PEOPLE of the United States”, is our assertion that We are the source of political power, and We are the creators of the federal government. 3
Federalism & Enumerated Powers
We created a “federal” government. A “federal” government is an alliance of Sovereign and Independent States associated together in a federation with a general or national government to which is delegated supremacy over the States in specifically defined areas only.
In Federalist Paper No. 45 (9th para), James Madison, Father of our Constitution, explains the separate spheres of operation of the federal and State governments. Only a few enumerated powers are delegated to the federal government – all other powers are reserved by the States:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce … 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 …and prosperity of the State.”
So! What are these specifically defined areas where We delegated to our “creature” – the federal government – authority over the States?
We listed in the Constitution every power We delegated to each branch of the federal government. These are the “enumerated” powers.4 It is ONLY with respect to these enumerated powers – those listed in the Constitution – that the federal government has lawful authority over the Country at large! 5
- Does the federal government have authority to issue patents & copyrights? Yes! How do we know? Because Art. I, Sec. 8, cl. 8 delegates this power to Congress.
- Does the federal government have authority to institute social security, food stamps, Medicare, aid to families with dependent children, and obamacare? No! How do we know? Because these are not listed among the enumerated powers delegated to Congress.
Internationally, Congress and the President have authority to conduct war & national defense (Art I, Sec. 8, cl. 11-16 & Art II, Sec. 2, cl 1); and the President and the Senate have authority to make treaties respecting trade, commerce, and diplomatic relations (Art II, Sec. 2, cl 2). The lawful objects of treaties are restricted to the enumerated powers. Accordingly, the President and the Senate may not lawfully enter into the UN Arms Trade Treaty because the Constitution does not permit the federal government to restrict firearms; and further, the 2nd Amendment prohibits the federal government from infringing our pre-existing Right to bear arms. 6
Congress has authority to make laws respecting a uniform commercial system: Specifically, uniform weights & measures, a money system based on gold & silver where CONGRESS (not private bankers such as the fed) regulates the value of money, issue patents & copyrights, make bankruptcy laws, establish post offices and build some roads (Art I, Sec. 8, cl. 4-8). The President’s duty is to implement the foregoing (Art. II, Sec. 3).
Congress may make, and the President is to enforce, laws respecting who may become a naturalized citizen and the procedures for naturalization (Art I, Sec 8, cl. 4).
The Constitution authorizes Congress to make criminal laws respecting counterfeiting, treason, accepting bribes, and piracy & other felonies committed on the high seas. Congress may make those few criminal laws which are “necessary & proper” to carry out enumerated powers, such as making it a crime to file false claims in federal bankruptcy courts, and to lie under oath in federal court.7
Congress has authority to levy taxes and borrow money and appropriate funds (Art I, Sec. 8, cls 1,2 & Sec 9, cl 7), but ONLY for purposes authorized by the Constitution. So! Congress may levy taxes to fund the military, to pay the salaries of the people in the patent & copyright office and other constitutionally authorized offices, and to carry out other delegated powers.
- May Congress lawfully create, and appropriate funds to, the federal Departments of Education, Health & Human Services, and Agriculture? No! Because these are not constitutionally authorized offices!
- May Congress levy taxes to implement obamacare? No! Because the Constitution does not delegate power over medical care to the federal government! 8
With the 13th, 14th & 15th Amendments, the defect in our Constitution permitting slavery was corrected, and Congress was delegated authority to make laws enforcing the Amendments.9
We created federal courts and strictly limited their jurisdiction. The kinds of cases We permit federal courts to hear are itemized at Art. III, Sec. 2, cl. 1. 10
So! This is basically all We gave the federal government authority to do for the Country at large.
In all other matters, the States – the Members of the Federation – are sovereign and independent.
So “federalism” refers to the form of the government We created in our Constitution – a “federation” of Member States united for limited and enumerated purposes only; with all other powers being retained by the States and The People.
How the federal & State Governments are to go about Securing our God-given Rights
It is not the federal government’s job to secure all our God given Rights, just those appropriate for a “federal” government. Other rights are secured by the States.
How the God-given Right to Life is Secured:
The federal government is to secure our right to life by military defense (Art. I, Sec. 8, cl. 11-16); by protecting us from invasion (Art IV, Sec. 4); by prosecuting traitors (Art III, Sec. 3); and by laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10).
The States reserved the powers to secure our right to life by prosecuting murderers, outlawing abortion, euthanasia, drunk driving, the selling of harmful substances to minors, and imposing quarantines for dangerous contagious diseases. States may have pure food and drug laws. States or local governments may outlaw conditions such as old tires lying around which breed mosquitos, which cause disease.
States also once secured our right to life by means of “support laws” which required family members to care for their own! Fathers were to provide for their minor children! Adult children for their elderly parents. The Bible requires family members to care for their own – and State laws used to implement this Godly Principle.
- But in our brave new world, people are no longer obligated to support dependent family members – everyone just goes on a government program. That is what Aid to Families with Dependent Children, Social Security, Medicare, Medicaid, obamacare, are about – relieving people of their Responsibilities imposed by God to themselves and to their own families.
- Such programs also increase the size and power of the federal government. That’s how we got the Frankensteinian monster it is today.
Securing the God-given Right to Property:
The federal government is to secure our property rights by requiring an honest money system based on gold & silver, and by establishing uniform and honest weights & measures (Art I, Sec. 8, cl 5). Inflation by means of paper currency and fractional reserve lending is theft; so honest money must be based on precious metals. Honest money and honest weights & measures are called for in the Bible.
The federal government is to secure our property rights by punishing counterfeiters (Art I, Sec. 8, cl 6).
The federal government is to secure our property rights by providing for bankruptcy courts. This permits the orderly dissolution of debtors’ estates with fair treatment of creditors; or the reorganization of financially troubled businesses for the benefit of all (Art I, Sec 8, cl 4).
And the federal government is to secure our property rights by issuing patents & copyrights to inventors and writers to recognize their ownership of their intellectual labors (Art I, Sec 8, cl 8).
The States are to secure our property rights by prosecuting robbers, penalizing negligence, fraud, breach of contract and slander. States and local governments may impose burning bans when dry weather makes outdoor burning dangerous. Local governments may make ordinances requiring people to maintain their properties so as not to deflate housing values.
Securing the God-given Right to Liberty:
The federal government secures our right to liberty by laws against slavery (13th Amendment).
But the federal government secures our God-given right to liberty primarily by obeying the Constitution! The reason our Constitution so strictly limits and enumerates the powers of the federal government is to secure our basic right to be left alone to live our own lives free from meddlesome and interfering do-gooders, tyrants, and bullies.
The States secure our right to liberty by laws against kidnapping, false imprisonment; and by prosecuting rapists, molesters, and muggers.
Securing the God-given Right to Pursue our Own Happiness:
The federal, State, and local governments secure this right by not meddling in our lives! We have the right to live our own lives free from interference as long as we do not deprive other people of their God-given rights.
Securing the God-given right to a Fair Trial:
The Bible requires civil governments to give fair trials – to citizens and aliens alike. See, e.g., Dt. 1:16-17, Dt. 19:15-20 & Mt. 18:16; Ex 18:13-26; don’t bear false witness.
Outlawing the Hereditary Class System:
And Remember! We are all equal before the Law – we all stand on equal footing before God and are supposed to stand on equal footing in human courts. So our Framers outlawed hereditary aristocracy with its class system: Art I, Sec 9, last clause & Art I, Sec. 10, cl 1 prohibit the federal government and the States from granting Titles of Nobility.
So! Do you see? The only proper function of civil governments is to secure the Rights God gave us – and this is how it was to be done.
And note something else about God given rights: They don’t put us in conflict with each other. When all civil governments do is secure our God given rights – protect us from foreign invaders and domestic criminals and tortfeasers – the People can live together in peace.
So THIS is the gift our Framers gave us in 1787 when they drafted our Constitution. But for the last 100 years, we have been letting this gift slip thru our fingers.
Why is our Country coming apart? Why is everybody at everybody else’s throat? Why is our financial system collapsing? Why has our Country turned into a moral cesspool?
Because we forgot the Principle set forth in our Declaration that the purpose of civil government is to secure our God-given rights – by protecting us from those who seek to take these rights away from us.
And we were seduced into believing that civil government should
- Provide for our needs; and
- Protect us from the risks and uncertainties of Life.
But these beliefs are Evil and Destructive. They destroy Countries and individual Human Souls.
A Government which Provides to Some, must Take from Others
HOW do governments provide for our needs? How do they PAY for the safety net programs progressive Democrats and Republicans love so much?
They take money from some people by force and give it to other people!
At the beginning, the money was taken from those who paid taxes. When that pot of money wasn’t sufficient, the governments borrowed money to fund the welfare programs. Now, they can’t borrow enough, so the federal government devised new methods of creating massive debt to be shoved on the backs of our grandchildren and great grandchildren.
This is stealing. The federal government takes money which doesn’t belong to them – they create massive debt to be paid back by future generations – and they give it to people who have their hands out – in exchange for their political support.
All these “safety net” programs: social security, Medicare, Medicaid, food stamps, aid to families with dependent children, free day care, head start, forcing hospital ERs to provide free medical care, unemployment compensation, and the like, are all based on taking money from some people (born and unborn) by force and giving it to others.
On the State level, we are told that a free public school education K – 12 is a fundamental “right”. So property owners are taxed heavily to pay for the public schools which have churned out generations of Americans who know nothing and can’t think but have been indoctrinated into a secular statist worldview.
Meanwhile, teachers’ unions and purple-shirted SEIU thugs are screaming for more benefits to be paid into their bloated pockets by taxpayers who make less money than the union thugs!
The welfare state isn’t based on “compassion”. The welfare state is based on Envy, Coercion & Theft.
THIS is what has set us at each other’s throats: The misuse of governments to rob some of the People for the benefit of favored groups – the public and private sector unions, businesses owned by Obama fundraisers, and welfare parasites.
Senior citizens were once a favored group, but Seniors will be phased out via Obama’s death panels.
The welfare state with its “safety nets” negates God’s Gift of Liberty, and it violates God’s Laws protecting private property, prohibiting theft, and condemning envy. And when a culture is based on Envy, Coercion and Theft, as ours now is, it is impossible for The People to live in peace with one another.
Living in a Cocoon? Or as Free and Independent Manly Men and Womanly Women?
We were also seduced into believing that the federal government should protect us from the risks and uncertainties of Life.
And so the federal government regulates and controls all human activity. Under obamacare, bureaucrats in the federal Department of Health & Human Services will control access to medical care! Education is regulated. OSHA regulates work conditions. EPA regulates the air and the water and “emissions”. The federal government oversees the wages we pay and get – all arrangements between employers and employees; all human activity is regulated and controlled and taxed.
Obama’s model is the Life of Julia: a single mother dependent on the federal government throughout her life who lives in a cocoon woven around her by the federal government and paid for – by others.
The price of the cocoon is personal liberty and dignity. We exchanged our glorious heritage for a bowl of porridge.
The test for us is this: Have we become so dependent on handouts, and are we so indifferent to the fate of our grandchildren, that we refuse to stand up to the federal government and tell them all to go to hell?
The Progressives and the Regulatory Federal Government
This Country was made great by our Forefathers who valued freedom so much that they left their homeland on a dangerous voyage to come here where there was no job, no home, no “safety net”, no nothing but God, wilderness, Liberty, and Opportunity. Our Forefathers came to this Country without health insurance! Without disability benefits! Without retirement pensions!
What happened to bring us where we are today – on the brink of social, moral, and financial collapse?
During the late 1880s, Progressivism with its meddlesome and unconstitutional policies arose. The Progressives were going to “fix” everything and “fix” everybody by “regulating” everything and everybody. They would get “experts” to run everything and manage everybody and tell them what to do.
The Progressives did many bad things – I’ll just mention a few: The federal government started regulating railroads. Congress passed anti-trust legislation and created the federal Food and Drug Administration.
In 1913, the 16th & 17th Amendments were ratified.
The Federal Reserve Act was passed in 1913.
Prohibition – the 18th Amendment – was ratified in 1919. God says we may drink alcohol; but Progressives didn’t agree with that and so banned it.
Federal funding for maternity and child care started.
We moved to the present unconstitutional system of Presidential primaries, and abandoned the procedures for electing Presidents set forth in the 12th Amendment (ratified 1804).
So it was the Progressives – and Teddy Roosevelt was the first Progressive President – who initiated our abandonment of God’s Model for Civil Government, our abandonment of our Constitution, and our descent into the cesspool of Envy, Coercion, Theft, and Dependency.
The Social Security Act was passed in the mid-1930’s, and Medicare in the mid-1960s.
So today, we are laboring under the ridiculous notion that we have a whole host of “rights” to stuff which is paid for by other people: the “right” to a free public school education; the “right” to a fair wage, paid vacations, maternity leave, and equal pay for equal work; the “right” to an income for when you are old, unemployed, sick, disabled, or whatever; a “right” to a “decent” standard of living including “adequate” food, clothing, housing, medical care, and other social services.
And let us not forget the “right” to free cell phones, the “right” to free birth control, and the “right” to free abortions and abortifacts!
What’s wrong with all these “rights”?
What they all have in common is a claimed “right” to live at other peoples’ expense. They elevate parasitism into a “right”.
All these handouts must all be paid for by someone. And unless other people pay for these freebies voluntarily, the money must be taken from them BY FORCE. So it turns some of us and our grandchildren and great grandchildren into plucked geese.
That is why the welfare State is evil, immoral, and rotten to the core. And it is operated by politicians who seek only more and more power for themselves.
THIS is why we are all at each other’s throats. The people who are getting the handouts want more! The people who have been paying are sick of paying for the welfare parasites who sit at home watching their big screen TVs eating junk food – all of which is paid for by those who work, along with those who haven’t even been born.
God NEVER gave us the “right” to demand that other people be forced to pay our living expenses and give us free stuff – cell phones and abortion pills!
God NEVER gave us the “right” to force others to subsidize our own failures, vices, weaknesses, or irresponsibility.
Two of the 10 Commandments deal with the sanctity of other peoples’ property. Not only are we forbidden to steal other peoples’ stuff, we are forbidden to covet it. Throughout the Bible, God’s Laws uphold the sanctity of private property.
So! All these man-made Anti-rights negate the God-given Rights because they steal our Property and our Liberty.
The welfare State – socialism – communism – fascism –obama’s blather about “redistribution” and “fairness” are evil and immoral because they are based on a violation of God’s Laws granting us Liberty, upholding the sanctity of private property, and condemning envy and theft.
What Should We Do?
We must repent. We must return to God, our Founding Principles, our Constitution.
We must acknowledge that the present system cannot continue; and that everyone’s favorite “safety net” programs – Social security and Medicare – have done much to destroy The Family and the concept of Personal Responsibility.
The Bible, which we have spurned for a very long time, tells us that families are the primary “welfare” institution. For a very long time, families actually did take care of one another! Elderly parents died at home with their children.
But today, people see it as the responsibility of the “government” to care for elderly people – to provide them an income and pay their medical expenses.
And when they can no longer take of themselves, they are put in nursing homes where they die … alone.
Social security and Medicare are evil – they corrupted us and destroyed our families. They are bankrupt and filled with fraud. Politicians use them as a tool to manipulate the gullible.
Still, many of our Senior citizens have become dependent on these programs.
So we must phase out these unGodly and unconstitutional programs in an orderly manner.
All taxes need to be reduced dramatically so that people have more money to set aside for themselves and their own families.
The Estate Tax should be eliminated. In the Bible, the eldest son got the double share of the inheritance because it was his prime responsibility to care for his aged parents.
We must pull together with our families. We must rediscover Personal Responsibility! Until we were corrupted by the Progressives and their evil programs, we were a remarkable People characterized by “goodness”. PH
1Read the Constitution! “Charity” is not an enumerated power! James Madison said, in opposition to a proposal to give aid to French emigrants, that he could not undertake to lay his finger on that article in the Federal Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Annals of Congress, House of Representatives, 3rd Congress, 1st Session, Jan. 10, 1794, p. 170-171.
2 People in the federal government now do whatever they want with our lives, liberties, property and persons [TSA agents feel us up, the Executive Branch will control our access to medical care, etc.]. The federal government has become destructive of the purposes for which it was created; and since it is violating our Constitution, is ruling without our Consent. Hence, it is illegitimate.
3 Alexander Hamilton referred to the federal government as our “creature” in Federalist No. 33 (5th para); and Thomas Jefferson called it our “creature” in The Kentucky Resolutions of 1798 (8th Resolution).
5 Get a pocket copy of our Declaration of Independence and federal Constitution. Using different colors, highlight all references to God, the enumerated powers delegated to Congress, the enumerated powers delegated to the President, and the enumerated powers delegated to the federal courts. You will be amazed. Then prepare another highlighted copy and send it to U.S. Supreme Court Chief Justice John Roberts.
6 God gave us the Right to hunt for food and to use arms to defend ourselves. Jesus commanded his disciples to sell their cloaks and buy a sword.
7 Most of the criminal laws Congress makes for the Country at large – all drug laws, all laws which pretend to restrict gun ownership, whether sports figures take steroids, etc., etc., etc., are unconstitutional as outside the scope of the powers delegated to Congress in the Constitution.
8 What is so appalling about John Roberts’ opinion in the obamacare case is that Roberts in effect says that Congress may tax for any purpose whatsoever.
9 The purpose of the 14th Amendment was to protect freed slaves from Southern Black Codes which denied them basic God-given Rights. But the 14th Amendment has been perverted by judges on the supreme Court to create a “right” to kill unborn babies, a “right” to engage in homosexual sodomy, and probably, a soon to be created “right” to homosexual marriage. Do you see? Human judges claim the power to create “rights”. And note how these judicially fabricated “rights” are contrary to God’s Laws.
10 Many of the cases federal courts decide are outside their constitutional authority to hear: They have no authority to review STATE Laws and STATE Constitutional provisions respecting prayer in schools, posting of the Ten Commandments in public places, abortion, homosexual acts, and homosexual marriage. The supreme Court has long been seizing powers which Art. III, Sec. 2, cl. 1, doesn’t delegate to them. Those judges should be impeached, tried, convicted, kicked off the bench, and prohibited from ever again holding federal office (Art I, Sec. 3, last clause, & Federalist No. 81, 8th para). PH.
August 29, 2012
August 29, 2012 Posted by Publius Huldah | Anti-Rights, Declaration of Independence, Federalism, God-given Rights, man made anti-rights, Medicare, Personal Responsibility, Rights, safety nets for the poor, social safety nets, social security | Anti-rights, declaration of independence, federalism, God given rights, man made anti-rights, Medicare, Rights, safety nets, safety nets for the poor, social safety nets, social security | 84 Comments
Why Congress May Lawfully Require Citizens to Buy Guns & Ammunition, But Not To Submit To Obamacare.
By Publius Huldah.
Harvard Law School was embarrassed recently when one of its graduates, the putative President of the United States, demonstrated that he was unaware that the supreme Court has constitutional authority to declare an act of Congress unconstitutional.1
And after reading a recent paper by Harvard law professor Einer Elhauge, one wonders whether the academic standards (or is it the moral standards?) of that once great school have collapsed.
Professor Elhauge says in “If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?” (The New Republic, April 13, 2012), that Congress may force us to buy health insurance because in 1792, our Framers required all male citizens to buy guns; and in 1798 required ship owners using U.S. ports (dock-Yards) to pay a fee to the federal government in order to fund hospitals for sick or disabled seamen at the U.S. ports.
Oh! What tangled webs are woven when law professors write about Our Constitution!
I have already proved that Art. I, Sec. 8, next to last clause (which grants to Congress “exclusive Legislation in all Cases whatsoever” over dock-Yards and the other federal enclaves) is what authorizes Congress to assess the fee from ship owners who use the federal dock-Yards. See: Merchant Seamen in 1798, Health Care on Federal Enclaves, and Really Silly Journalists.
Now I will show you where the Constitution grants authority to Congress to require adult citizens to get armed!
The Constitution Authorizes Congress To Require Citizens to Buy Guns and Ammunition.
In 1792, Congress passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States”.2 This Act required all able-bodied male citizens (except for federal officers and employees) between the ages of 18 and under 45 to enroll in their State Militia, get a gun and ammunition, and train.
Does Congress have authority in the Constitution to require this? Yes! Article I, Sec. 8, clause 16 says Congress has the Power:
“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;” [boldface mine]
That is what authorizes Congress to require adult male citizens to buy guns and ammunition.
As Section 1 of the Militia Act of 1792 reflects, the “Militia” is the citizenry! Our Framers thought it such a fine idea that The People be armed, that they required it by law! See, e.g., the second half of Federalist Paper No. 46 where James Madison, Father of Our Constitution, speaks of how wonderful it is that the American People are armed – and why they need to be. 3
So! In the case of Congress’ requiring adult citizens to buy guns and ammunition, Congress has specific authority under Art. I, Sec. 8, cl.16.
In the case of Congress’ requiring ship owners who use the federal dock-Yards to pay the fees to fund the marine hospitals at the dock-Yards, Congress is granted by Art. I, Sec.8, next to last clause, a general legislative power over the federal enclaves, such as dock-Yards.4
But for the country at large, Congress has no broad grant of legislative powers. There, Congress’ powers are few, limited, and strictly defined. See: Congress’ Enumerated Powers.
Now, let us look at obamacare.
What Clause in The Constitution Authorizes Congress to Force Us into Obamacare?
Nothing! Over the Country at large (as opposed to the federal enclaves), Congress has only enumerated powers. These enumerated powers are listed in Art. I, Sec. 8, clauses 1-16 and in the Amendments addressing civil and voting rights. No enumerated power authorizes the federal government to force us into obamacare.
So, Professor Elhauge introduces a nasty bit of poison. He says:
“Nevermind that nothing in the text or history of the Constitution’s Commerce Clause indicates that Congress cannot mandate commercial purchases.”
Do you see what he is doing? Surely he knows that obamacare is not authorized by any enumerated power. So! He asserts that nothing in the commerce clause says Congress can’t force us into obamacare. He thus seeks to pervert Our Constitution from one of enumerated powers only, to an abomination which says the federal government can do whatever it pleases as long as the commerce clause doesn’t forbid it.
Furthermore, what he says is demonstrably false. The Federalist Papers & Madison’s Journal of the Federal Convention show that the purpose of the interstate commerce clause is to prevent the States from imposing tolls & tariffs on articles of merchandize as they are transported through the States for purposes of buying and selling. For actual quotes from Our Framers and irrefutable Proof that this is the purpose of the interstate commerce clause, see: “Does the Interstate Commerce Clause Authorize Congress to Force Us to Buy Health Insurance?”.
Obamacare is unconstitutional as outside the scope of the legislative powers granted to Congress by Our Constitution. And it does much more than force us to buy medical insurance. Obamacare turns medical care over to the federal government to control. Bureaucrats in the Department of Health and Human Services will decide who gets medical treatment and what treatment they will get; and who will be denied medical treatment. If you think the federal government is doing a great job feeling up old ladies and little children at airports, wait until they are deciding whether you get medical care or “the painkiller”.
Folks! The Time has come that we must recognize that social security and Medicare are also unconstitutional as outside the scope of the legislative powers granted to Congress by Our Constitution. We must confess that it is wicked to seek to live at other peoples’ expense! And when a People renounce Personal Responsibility – as we did when we embraced social security & Medicare – the federal government takes control.
Social security and Medicare are fiscally bankrupt. Obamacare, which will prevent old people from getting medical care, is the progressives’ way of dealing with the unfunded liabilities in these programs: Kill off old people by preventing them from getting medical care!
The Piper will be paid. Shall we pay him by killing off old people?
Or, shall we return to Personal Responsibility and dismantle (in an orderly fashion) the wicked, unconstitutional, and fiscally unworkable social security and Medicare programs?
1 Our Framers gave us an elegant system of Checks & Balances: Each branch of the federal government has a “check” on the other two branches. This is expressed primarily in the Oath of Office (Art. VI, cl. 3 & Art. II, Sec. 1, last clause) which requires each branch to obey the Constitution and not the other branches! The supreme Court’s check on Congress is to declare their Acts unconstitutional: See (in addition to the Oath) Art. III, Sec. 2, cl. 1; Federalist No. 78 (8th -15th paras); and Marbury v. Madison (1803).
Congress’ check on the judicial branch is to impeach and remove federal judges who usurp power (Federalist No. 81, 8th para).
2 Here is the URL for the Militia Act of 1792: Read it! And note how short it is. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=394
3 In “The Patriot”, Mel Gibson’s character commanded a South Carolina Militia – civilians who took up arms against the British. Everyone knew that “the Militia” was the armed citizenry – farmers, trappers, shopkeepers, clergy, etc. It still is.
4 Attorney Hal Rounds provides fascinating additional information on this issue: “Ships will dump sick sailors wherever they may make landfall, and the locals have the burden of dealing with the victim. Their care then raises the legal right to compensation for their services, which the law of nations allows to be levied against the nation, not just the owners, of the ship.” For Mr. Round’s full comment see the Postscript of April 7, 2012 here. PH
May 3, 2012 Posted by Publius Huldah | Einer Elhauge, federal enclaves, Health Care, Interstate Commerce Clause, Medicare, Merchant Seamen healthcare, Militia, obamacare, Personal Responsibility, social security | commerce clause, Einer Elhauge, Harvard Law School, Militia | 26 Comments
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.
* * *
WARNING AGAINST A CON-CON a/k/a “constitutional convention” or “Article V convention” or “Convention of the States”: Do not be deceived by the people who are calling for these. Go here and read the warning of James Madison and others. Be sure to read “Twenty Questions About a Constitutional Convention”: http://www.eagleforum.org/topics/concon/
See also this valuable article by Phyllis Schlafly which addresses Mark Levin’s untrue claims about a “convention called by the States to propose amendments”.
In these two articles, investigative journalist Kelleigh Nelson exposes the nefarious forces – on the phony “Right” – involved in the push for an Article V convention. Folks, the leadership at “Tea Party Patriots” is not on your side. Nelson also reveals names of other phonies on the “right”. http://www.newswithviews.com/Nelson/kelleigh136.htm
Dr. Edwin Vieira has reminded us that the “necessary & proper” clause (Art. I, Sec. 8, last clause) vests in Congress the power to make all laws necessary & proper to execute its delegated powers. Since Article V delegates to CONGRESS the power to call the convention, Congress would be within its constitutional authority to organize the Convention anyway it wants, and to appoint whomsoever it wishes as delegates. http://www.newswithviews.com/Vieira/edwin262.htm
John A. Eidsmoe, a law professor who actually knows what he talking about, wrote a fascinating paper on all aspects of Article V: http://publiushuldah.files.wordpress.com/2014/01/a-new-constitutional-convention-by-john-a-eidsmoe.pdf Put this paper in your permanent files!
Do not be deceived by the “scholarly research” of Rob Natelson, law professor. Natelson trumpets the fanciful theory that alleged “customs” practiced in our “Founding Era” provide binding principles which govern conventions called under Article V of our existing Constitution! Here is JWK’s excellent expose’ of Professor Natelson’s preposterous theory: http://www.freerepublic.com/focus/bloggers/3062146/posts
Believe no one. You must check everything out for yourself. Our future hangs on your being able to tell the difference between Good and Evil. And on your caring about the difference.
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The Acceptance Con by Selwyn Duke explains (brilliantly) how moral relativism has destroyed our Country. Libertarianism carries within itself the seeds of Destruction. Oh, my Friends, take heed!
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“The sacred rights of mankind are not to be rummaged for among old parchments or musty records. they are written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself, and can never be erased or obscured by mortal power.”
Alexander Hamilton, “The Farmer Refuted”, February 5, 1775.
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“As democracy is perfected, the office of the President represents, more and more closely, the inner soul of the people. On some great and glorious day, the plain folks of the land will reach their heart’s desire at last, and the White House will be occupied by a downright fool and a complete narcissistic moron.”
H.L. Mencken, The Baltimore Evening Sun, July 26, 1920.
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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)
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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.
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: http://webstersdictionary1828.com/
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.
- 10th Amendment
- 12th Amendment
- 14th Amendment
- 17th Amendment
- 1st Amendment
- 28th Amendment
- 2nd Amendment
- 501 (c) (3) tax exemption
- Administrative Law
- Advice and Consent
- alien and sedition acts
- Allen C. Guelzo
- Amendments to the Constitution
- Amendments: Parental Rights Amendment
- Arizona Illegal Alien Law
- Arizona Invasion
- Arizona Lawsuit
- Arizona's Proposition 200
- armed citizens
- Article I, Sec. 2
- Article II, Sec. 2
- Article II, Sec. 3
- Article II, Sec. 4
- Article III Courts
- Article III, Sec. 1
- Article III, Sec. 2
- Article IV, Sec. 4
- Article V
- Article V Convention
- Article VI, clause 2
- Article VI, clause 3
- Balance of Powers Act
- Balanced Budget Amendment
- Bible and civil government
- Bills of attainder
- Bureau of Alcohol Firearms and Tobacco (ATF)
- Checks and Balances
- Climate Change Treaty
- Compact for America
- Constitution is not a suicide pact
- constitutional convention
- Convention of States project
- Criminal Code (US)
- cultural relativism
- Danbury Baptists
- David Barton
- Declaration of Independence
- Definitions and Basic Concepts
- Department of Health and Human Services
- Department of Labor
- Dick Act of 1902
- due process clause
- Edwin Vieira
- Einer Elhauge
- Elastic clause
- Election of President
- Election of U.S. Senators
- Elections Clause
- Electoral College
- Engel v. Vitale
- Enumerated Powers of Congress
- Enumerated Powers of Federal Courts
- Enumerated powers of the president
- equal protection clause
- establishment clause
- ex post facto laws
- Exceptions clause
- Exclusive and Concurrent Jurisdiction
- Executive Orders
- Federal Convention of 1787
- federal enclaves
- free exercise clause
- General Welfare Clause
- God-given Rights
- Guardians of the Constitution
- gun control
- Health Care
- Health Insurance – Auto Insurance analogy
- Heritage Foundation
- High crimes and misdemeanors
- Hugo Black and the KKK
- immigration from muslim countries
- Interstate Commerce Clause
- Isaiah 33:22
- Isaiah 3:12
- islamic conquest
- islamic infiltration
- Islamization (Islamification)
- Jarrett Stepman
- Jim Crow laws
- Jim DeMint
- Jordan Sillars
- Judicial Abuse
- Kentucky Resolutions of 1798
- Kevin Gutzman
- Liberty Amendments
- Madison's Notes on Nullification (1834)
- Madison's Report on the Virginia Resolutions (1799-1800)
- man made anti-rights
- Marbury v. Madison
- Marco Rubio
- Mark Levin
- marque and reprisal
- Martin Luther King
- Matthew Spalding
- Merchant Seamen healthcare
- Michael Farris
- Michael Seidman
- name calling
- National Popular Vote
- natural born citizen
- Necessary and Proper clause
- Nick Dranias
- Nullification by States
- nullification deniers
- nullification of obamacare
- Nullification of unconstitutional acts
- Nullification Resolutions
- Oath of Office
- Original and appellate jurisdiction
- Original Intent or Evolving Constitution?
- our sword and shield
- Parental Rights Amendment
- Patient Protection and Affordable Care Act
- Personal Responsibility
- Phony right wing
- Phyllis Schlafly
- Pledge of Allegiance
- prayer in public schools
- President's enumerated powers
- President's powers
- Presidential Electors
- prevailing dogma
- Progressive Education
- Randy Barnett
- re-writing the Constitution
- Recess Appointments
- Reserved Powers
- Resistance to tyranny
- Retained Powers
- Robert A. Levy Cato Institute
- Rule of Law
- Rulemaking by Executive Agencies
- safety nets for the poor
- Self Government
- Sell out Republicans
- Sen. Mike Lee
- Separation of Church and State?
- separation of powers
- shining city on a hill
- social safety nets
- social security
- South Carolina nullification crisis
- Sovereign States
- Spineless Republicans
- States Retained Powers
- States Rights
- Supremacy clause
- Supreme Law of the Land
- sweeping clause
- Tariff of Abominations
- Tarrif Act of 1828
- Tennessee Constitution
- Tenth Amendment
- Term Limits Amendment
- The Liberty Amendments
- The taxing clause
- The Tennessee Resolutions
- Thomas Jefferson
- Treaty Making Powers of the United States
- Troxel v. Granville
- UN Convention on the Rights of the Child
- UN Declaration of Rights
- under the law
- Usurpations of power
- Virginia Resolutions of 1798
- Voter eligibility
- Voter Qualifications
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- Mark Levin’s “Liberty” Amendments: Legalizing Tyranny
- Article V Convention: How “Individuals of Insidious Views” Are Stealing Our Constitution
- Balanced Budget Amendments (BBA) Gut Our Constitution And Don’t Reduce Spending
- Balancing the Budget? Or Adding A National Sales Tax To The Income Tax?
- Propaganda And The Conspiracy against Our Constitution
- The “Convention of States” Scam, the War over the Constitution, and how the States Sold the Reserved Powers to the Feds.
- Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!
- Restore The Constitution We Have By Learning What It Means!
- Impeachment: All you need to know (and you do need to know it).
- Parental Rights: God-given and Unalienable? Or Government-granted and Revocable?