Publius-Huldah's Blog

Understanding the Constitution

Defeat “COVID” Mandates by restoring the Genuine Meaning of the “privileges and immunities” and “due process” clauses

By Publius Huldah

Someone asked me why I write on the US Constitution when the US Supreme Court won’t enforce it.

This is why:  Our Declaration of Independence recognizes the self-evident Truth that Rights come from God, and that they are unalienable.  Accordingly, there are certain areas of your life which are off-limits to government regulation – you have an “immunity” from governmental regulation of these areas.

But since the federal and state governments are refusing to recognize our Rights, it falls on us to boldly step up to the plate and insist that our Rights be respected.  You have no lawful, moral, or religious duty to submit to a government when it violates our Constitution and seeks to take from you the rights God gave you.

Governments do not have constitutional authority to force you to take the COVID JAB.

And in this paper I show that the “privileges and immunities” and “due process” clauses of the US Constitution prohibit the federal, state, and local governments from requiring you to be “jabbed” or putting you into a concentration camp if they assert that you are at “high risk” of getting infected [i.e., those who are 65 years of age or older].

So Americans are going to have to man-up and assert their God-given rights.  But before you can do that, you must understand what your Rights are and what the Constitution says.

Our Constitution of 1787 is a glorious Document. But we didn’t read it, we didn’t adhere to its genuine meaning, and we permitted judges to redefine its terms. We must put a stop to that. The following draft 1 Resolution for State and local governments shows how, by restoring the genuine meanings of the “privileges and immunities” and “due process” clauses, we can defeat “COVID” tyranny.

Right to Freedom from “COVID” mandates – Model Resolution for State and local governments

I. The Law

WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the Organic Law of our Land, and recognizes that our Rights come from the Creator God; that among these Rights are Life, Liberty, and the pursuit of Happiness; and further, that the purpose of government is to secure the Rights God gave us; and

WHEREAS, the Constitution of the United States is one of enumerated powers only; and We The People did not grant to the federal government power over the Country at Large to interfere in medical or health matters; to dictate that injections be administered to The People; to impose quarantines or “lock-downs” for real or pretended diseases; to establish internment (concentration) camps for the purpose of confining whomsoever the federal government wishes to confine; to require that The People wear devices such as face masks, or to obtain and carry internal passports; or to exercise any other such control over the sanctity of our persons; and

WHEREAS, the First Amendment of the Constitution of the United States provides,

“Congress shall make no law … abridging the right of the people peaceably to assemble…”; and

WHEREAS, the privileges and immunities clauses of the Constitution of the United States provide:

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (Article IV, § 2)

“…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” (§1 of the Fourteenth Amendment); and

WHEREAS, the due process clauses of the Constitution of the United States provide:

At the Fifth Amendment, that “No person shall…be deprived of life, liberty, or property, without due process of law…”; and

At §1 of the Fourteenth Amendment, that “…nor shall any State deprive any person of life, liberty, or property, without due process of law…”; and

WHEREAS, Blackstone’s Commentaries on the Laws of England set forth at Book I, Chapter I, pp 128-140 (J.B. Lippincott) [link] the common law definitions of “privileges” and “immunities”; and shows that “immunities” refers to those areas of personal liberty which are free from regulation and control by civil governments, to-wit:

  • The God-given Right of Personal Security consists in a person’s legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation – and specifically that a person has the Right to preserve his health from such practices as may prejudice or annoy it [p. 132 at 4.];
  • The God-given right of Personal Liberty consists of an individual’s right of locomotion, of changing situation, or moving his person to whatsoever place his own inclination may direct; that no person may be imprisoned or confined except pursuant to the lawful judgment of his equals; the right of habeas corpus; and the prohibition against excessive bail; and
  • The God-given Right of Property consists of the absolute and inherent Right of an individual to the free use, enjoyment, and disposal of his acquisitions; and that no person may be divested of his property, but by the judgment of his peers; and

WHEREAS, “due process of law” is a term with a precise technical import going back to the Magna Charta; and means that a person’s Life, Liberty or Property cannot be taken away from him except by the judgment of his peers pursuant to a fair trial! [See Raoul Berger’s masterful work, “Government by Judiciary: The Transformation of the Fourteenth Amendment”, at Part I, Chapter 11 “Due Process of Law” link]; and

WHEREAS, it is a fundamental Principle of Anglo/American Jurisprudence that when Framers of a Constitution or Statute use a term which has been defined at the Common Law, that is the meaning to be assigned to the term in the Constitution or Statute (United States v. Smith (1820) link) & Raoul Berger’s chapter on “Due Process” at p. 222]; and

WHEREAS, the Constitution of the State of Ohio declares at Article I: Bill of Rights that

“Section 1: Inalienable rights. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.”

“Section 3: Right to assemble. The people have the right to assemble together, in a peaceable manner, to consult for the common good; to instruct their Representatives; and to petition the General Assembly for the redress of grievances.”

“Section 20: Powers reserved to the people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.”

II. Violations by the federal government of The Law

WHEREAS, under the pretext of protecting the public from the allegedly dangerous “COVID” disease, the Center for Disease Control and Prevention of the federal government has been involved in the development and administration of a so-called “vaccine”; but that there is considerable evidence that such are not “vaccines” in the traditional sense of the word – but are injections designed to alter human DNA and replace it with a man-made DNA, and to destroy our God-given immune systems; and further that “COVID vaccines” have resulted in many deaths and disabilities among injected persons and are expected to result in a great many more deaths among injected persons in the coming years; and

WHEREAS, also under the pretext of protecting the public from the allegedly dangerous “COVID” disease, the Center for Disease Control and Prevention has made plans [here & here] to relocate selected Persons against their wills to internment (concentration) camps which are now, with the connivance of certain State governments, being set up throughout the Country; and

WHEREAS, the Center for Disease Control and Prevention is an unconstitutional federal agency which is not authorized by our Constitution to exist; accordingly all of its actions are unauthoritative, void, and of no force; and

WHEREAS, by these above-described acts, the federal government has usurped powers not delegated, and hence its acts are not law, but are altogether unauthoritative, void, and of no force; and

WHEREAS, such acts are also unconstitutional as in violation of the right of free assembly within the meaning of the First Amendment to the US Constitution; and

WHEREAS, such acts also deprive Citizens of their God-given Immunities from civil government’s regulation of their Persons and Personal Liberty, and deprive them of their God-given Right to the free use and enjoyment of their Property – all in violation of Article IV, §2, US Constitution; and

WHEREAS, such acts also deprive Citizens of life, liberty and property without due process of law in violation of the Fifth Amendment to the US Constitution.

III. State and local governments

WHEREAS, certain “private” businesses have been seeking to bring about the forced injections of Citizens with the so-called “COVID vaccine” by threatening to fire such Citizens unless they submit to the injection; and further, that for State and local governments to permit such tyranny violates that Principle, set forth in our Declaration of Independence, that the purpose of government is to secure the rights God gave us (which governments are to do by protecting us from those who seek to take our rights away from us); and that just as civil governments may not lawfully deprive The People of their God-given Rights and Liberties, neither may private persons or businesses; and

WHEREAS, for the State or any local government to impose lock-downs, mandate social distancing, order the closures of churches and selected businesses, and impose limitations on crowd sizes, would unlawfully restrict the Rights of The People to freely assemble; and that in the State of Ohio, such would violate Article I, Sections 1 and 3 of the Declarations of Rights set forth in the State Constitution; and

WHEREAS, for the state or local governments to cooperate with the unconstitutional federal agency known as the “Center for Disease Control and Prevention”, in its unlawful and tyrannical plan to incarcerate in internment (concentration) camps, Citizens against their wills, would unlawfully deprive the Citizens of Ohio of their Rights of free association and free assembly; and would also trespass on their Immunities against civil government’s control of their persons within the meaning of § 1 of the Fourteenth Amendment; and would also deprive Ohio Citizens of life, liberty and property without due process of law, also in violation of § 1 of the Fourteenth Amendment; and

For the state or local government to mandate the wearing of face masks also violates the God-given Right of Personal Liberty.

NOW, THEREFORE, BE IT RESOLVED:

1. That all acts of the federal government described hereinabove in Part II are unconstitutional and are unauthoritative, void, and of no force.

2. That all acts of State and local governments described hereinabove in Part III would also be unconstitutional and unauthoritative, void, and of no force; and that this body [identify whether it’s the State legislature or a County or municipal governmental body] will vigorously oppose all such unlawful acts.

3. That this body intends to vigorously uphold the Right of the Citizens to be free from the requirement of forced injections, mask wearing, social distancing, lock-downs; and will not permit Ohio Citizens to be relocated against their wills to the internment (concentration) camps now being planned by the unconstitutional federal agency known as the Center for Disease Control and Prevention.

It is so RESOLVED, this ________ day of _____________, 2021.

Signatures, etc.

Endnote:

1 This is a draft Resolution suggested by me for consideration by State and local governments – I used Ohio to illustrate that States must consult their own State Constitutions in addition to our federal Constitution.

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August 24, 2021 Posted by | Blackstone's commentaries on the Laws of England, Center for Disease Control and Prevention, covid, covid virus, COVID-19 scam, due process clause, privileges and immunities | , , , , , , | 15 Comments

Resistance to Tyrants is Obedience to God

Of course, you must make your own medical decisions. But I urge you to get fully informed on this issue – listen to the Frontline Doctors before making the decision for yourself – and especially for your minor children.

August 18, 2021 Posted by | Uncategorized | 23 Comments

Declaration of Independence: Rights come from GOD, and the purpose of government is to secure the rights GOD gave us – by protecting us from those who seek to take our Rights away from us.

In 10 minutes, Pastor Wallace lays out THE FIRST PRINCIPLES of government. We can not fix our Country unless we understand and return to these Founding Principles recognized in our Declaration of Independence:

  1. All men are created equal.

2. Rights come from God.

3. The purpose of government is to secure the rights God gave us.

4. When a government doesn’t secure the Rights God gave us, we have the right to throw it off and set up a new government.

But let us NOT blame the governments for our problems. WE are the ones who rejected the Principle that the purpose of government is to secure the rights God gave us. WE wanted a government which stole for us – which benefited us at the expense of others – which allowed us to live at other peoples’ expense – which shielded us from the consequences of our own vices – which protected us from the risks and uncertainties of life – which provided for our needs – and which allowed us to shirk personal and family responsibilities.

We must repent of our misuse of government and restore government to its rightful purpose.

Here I show how our Constitution lived up to this Founding Principle of the purpose of government: https://publiushuldah.wordpress.com/2014/12/01/how-our-federal-constitution-secures-our-god-given-rights/

June 26, 2021 Posted by | Declaration of Independence, Pastor Earl Wallace, Rights | , , | 25 Comments

Article V convention: a globalist coup to impose a new Constitution

Joanna Martin, J.D. (Publius Huldah) warns of what’s really behind the push for an Article V convention: to move us into the New World Order or impose a Communist dictatorship.

Presented to the Buncombe County Republican Party in Asheville, North Carolina on May 25, 2021.

Here are the Exhibits referred to in the presentation:

Click to access exhibits-to-presentation-in-north-carolina-during-may-25.pdf

June 2, 2021 Posted by | Article V, Article V Convention, constitutional convention, Globalism | , , , , | 20 Comments

The Death Blow: an Article V convention to replace our Constitution

By Publius Huldah

Open your eyes and see what is going on in our Country.  If you don’t face up to Reality right now and act accordingly, we are doomed.

The fight over whether to have an Article V convention isn’t between Republicans and Democrats, or liberals or “conservatives”.  It is spiritual warfare between those who want to keep our Biblically based Constitution of 1787; 1 and godless revolutionaries who want to get rid of our Constitution and set up the New World Order.

1. Our institutions have long since been captured by the enemy

The transformation of our Country into the New World Order has been going on for well over 100 years. A brief summary of the capture of our institutions is set forth here. But even worse than the capture of our institutions, was the ideological subversion of the American People: former KGB officer Yuri Bezemov described that ideological subversion here.

Now that all of our institutions have been captured, and great numbers of Americans have been ideologically subverted; the War is turning “hot”: The enemy now seeks to finish the job of destroying us and our Country.

2. Our Republic was overthrown in the last election

The essential characteristic of a “republic” is that power is exercised by representatives elected by the People.  Due to last minute unconstitutional changes to State elections laws which made massive election fraud possible, 2 the last election was stolen; and we lost our Right to choose our representatives. They are now chosen by those who control the voting machines.

3. Violent insurrections in the cities

The violent insurrections in the cities are carried on by Marxist-trained communist agitators who mean to kill us and burn down our cities – they say so here and in many other videos which have been on the internet. And we’ve seen on the internet videos showing that the violent insurrections are supported by various members of Congress and the pretended Vice-President of the United States.

4. Replacing our Constitution at an Article V convention

So now the time is ripe for the forces of the New World Order to move in for the final kill: To get rid of our Constitution. That Constitution is the only thing [other than the Mercy of God] remaining which stands between us and hell of the New World Order.

If Congress calls a convention under Article V, US Constitution; our present Constitution of 1787 can – and almost certainly will – be replaced with a new constitution. 3

Congress is the body which has the constitutional authority to “call” – organize and set up – an Article V convention. Congress – the same Congress which is now controlled by those who egg on the insurrections which are destroying our cities and intimidating the inhabitants.

And it is that Congress which has the power to determine how Delegates to an Article V Convention are selected – and even who they will be. The Constitution is explicit:

Article V grants to Congress the power to “call” the Convention.

Article I, §8, last clause, grants to Congress the power to make the laws necessary & proper to carry out its power to organize and set up the convention.

Accordingly, the Congressional Research Service Report of April 11, 2014 [link] recognizes:

“First, Article V delegates important and exclusive authority over the amendment process to Congress…”

“Second…Congress has traditionally laid claim to broad responsibilities in connection with a convention, including… (4) determining the number and selection process for its delegates…” (p.4)

So, among its other powers respecting a convention, Congress may appoint the Delegates – they may appoint themselves! And those members of Congress who support the violent insurrections, or are getting money from the Chinese Communists, and other subversives may well be the Delegates!

If State Legislatures give to Congress the power to call an Article V Convention, there is nothing any of us can do to stop it if Congress appoints subversives & revolutionaries as Delegates.

And while Congress is deciding who the Delegates will be, and where the Convention will meet, what will be going on outside the Capitol Building? Busloads of armed and violent Antifa and BLM rioters were sent into Minneapolis to intimidate the Jury in the Chauvin trial; 4 and to commit murder, mayhem, and burn down the City in the event Chauvin were acquitted [link]. Will these thugs also descend on the District of Columbia when Congress is deciding who the Delegates will be?

And what about the convention itself? Will the Delegates be intimidated by armed and violent Antifa and BLM thugs surrounding the place the Convention meets? Will these thugs demand that the proposed Constitution for the New Socialist Republic of North America [link] be imposed? Will they demand the Marxist Constitution George Soros wants [link]? Will the Chinese Communist Party demand that the Delegates impose the Constitution they want? Or will the globalists demand that the Delegates propose a new Constitution which transforms the formerly sovereign United States into a member state of the North American Union [link]? Will the Delegates be in such fear of their lives that – as in the Chauvin Jury – they surrender to the demands of the mob?

And know this: Any constitution has its own mode of ratification. The proposed Constitution for the Newstates of America [link] provides at Article XII, §1 that it is ratified by a referendum called by the President. The States don’t vote on it; they are dissolved and replaced by regional governments answerable to the new national government.

And as to ratification of the new constitution by national referendum: we would see once again, that Lenin was right when he said the people who vote don’t determine the outcome of elections – the people who count the votes do.

5. And it is Republican State Legislators who are putting us in this fatal danger

The Article V Convention is being marketed by demagogues and hirelings to State Legislators (primarily Republicans) as the “conservative” solution to our problems. They falsely assure State Legislators that they will select Delegates and have complete control over what they do.5 And since Legislators of today often know little to nothing about our Founding Documents, History, or Civics; and have been ideologically subverted as well, they fall for the marketing.

And, like many others, they are shutting their eyes to the unpleasant Reality described above. But that is the context in which an Article V convention would take place today.

These are the ones who will turn over to Congress the power to get the new Constitution which will be the death blow to this Country.

May God have mercy on their souls – they will have much to answer for. It is their adamant refusal to listen to the warnings against an Article V Convention which has grave moral implications for them.

Endnotes:

1 Our Constitution of 1787 was based on God’s Model of civil government [link].

2 The unconstitutional changes to our State Election Laws which created the opportunities for the fraud are described in a series of papers here.

3 See, e.g., “What the Convention Lobby isn’t telling you about our Declaration of Independence” [link] & “How to get a new Constitution under the PRETEXT of proposing Amendments” [link].

4 Alan Dershowitz speaks here of how US Congresswoman Maxine Waters called for riots if Chauvin weren’t convicted, thereby terrorizing the Jurors into finding Chauvin “guilty”.

5 Eminent conservative constitutional litigators William Olson & Herb Titus have rightly described such assurances as “false” and “reckless in the extreme” [link].

April 24, 2021 Posted by | Article V Convention, Black Lives Matter | 33 Comments

When the feds violate the Constitution, should we blame the Constitution?

By Publius Huldah

In Rob Natelson’s paper [link], “The Solution is a Convention of the States”, he makes claims about what our Framers said is the purpose of amendments to our Constitution which are not true. He also gives false assurances about the safety of a convention called by Congress under Article V of the Constitution.

At the outset, we should note that the title of Natelson’s paper incorporates a stratagem which creates the false belief that the States control the convention. The belief is false because the convention provided for by Art. V of the Constitution is a federal convention called by the federal government to perform the federal function of addressing our federal Constitution. It is not a state function; accordingly, the term, “convention of States”, does not appear in Article V. So the “Convention of States movement” (COS), of which Natelson is “senior advisor”, renamed the convention provided for in Article V as a “convention of the States”; 1 and re-defined it as “a convention controlled by State Legislatures”.

Now let’s examine various other claims on which COS builds its case.

1. The fabricated George Mason quote

COS claims that our Framers gave us the convention method of getting amendments so that when the federal government “violate[s] its constitutional limitations”, we can get a convention to “make adjustments to the constitutional text in order to rein in the abuse of power by the federal government.” Or, in plain English, when the feds violate the Constitution, the solution is a convention to amend the Constitution.

But our Framers didn’t say that. The falsity and absurdity of COS’s claim is exposed here. What our Framers actually said is that the purpose of amendments is to correct defects in the Constitution. And they recognized that the purpose of a convention is to get another Constitution. James Madison warned that those who secretly want to get rid of our Constitution would push for a convention under the pretext of getting amendments.

2. Natelson’s claims re using amendments to “overrule bad Supreme Court decisions” & “restrain federal power”

Natelson admits that the Framers said we can use amendments to correct defects in the Constitution; but then muddles up what the Framers actually said with what they never said, thereby seemingly legitimizing his misleading claim that the Framers envisioned that we could use amendments to “overrule bad Supreme Court decisions” and “restrain federal power”.

As an example of a “bad” Supreme Court decision, Natelson claims that “[i]n early 1795, the States ratified the 11th Amendment to reverse an overreaching Supreme Court decision”.

The decision he is referring to is Chisholm v. Georgia (1793) [link]; and what he says about it isn’t true. What Chisholm actually stands for is this: Our Constitution originally delegated to federal courts the power to hear cases “between a State and Citizens of another State” (Art. III, §2, cl.1). But when a Citizen of South Carolina sued the State of Georgia, States were outraged! Georgia objected. In Chisholm, the Supreme Court decided the case in accordance with the Constitution and held that Chisholm could maintain his suit.

But the States didn’t want Citizens of other States suing them. So the States ratified the 11th Amendment which took away from the federal courts the constitutional authority to hear cases filed by a Citizen against another State. So the 11th Amendment illustrates what our Framers actually said is the purpose of amendments: to fix defects in the Constitution.

Natelson also claims that our Framers said we could use amendments to “restrain federal power” when the federal government “exceeded and abused its powers”.

Again, Natelson muddles up the true and the false when he fails to distinguish between usurpations of undelegated powers and abuses of delegated powers.

No Framer said that amendments could be used to restrain usurpations of powers not delegated. And in Federalist No. 49 (last para) James Madison says the opposite. He warns against another convention and says, “occasional appeals to the people [a convention] would be neither a proper nor an effectual provision” for restraining the federal government within its legal powers.

But when the federal government abuses a delegated power, an amendment could be appropriate. Here’s an example: the Tariff Act of 1828 was constitutional since tariffs are authorized by Art. I, §8, cl. 1. But it was abusive because it benefited infant industries in the Northeast at the expense of the Southern States. So what’s the remedy for such abuse of delegated power? Article I, §8, cl. 1 could be amended to say that Congress may impose tariffs only to raise revenue to carry out the enumerated powers; and may not impose tariffs in order to benefit one section of the Country at the expense of other sections.

3. Natelson’s proposed “corrective reforms” to the Constitution

Natelson says he wants a convention to get a balanced budget amendment (BBA); to curb “undemocratic and unfair” regulations; to reverse “liberal-activist Supreme Court decisions”; to impose term limits; and get other amendments “to restrain federal power”.

But as anyone who has read it knows, our Constitution already limits the federal government to a handful of enumerated powers. The powers are listed here. The categories of cases federal courts are authorized to hear are listed at Art. III, §2, clause 1. All the problems of which COS and Natelson complain are the result of violations by the federal government of the existing constitutional limitations on their powers – and the States’ acquiesce in such violations!

Balanced Budget Amendment: Our Constitution already limits federal spending to the enumerated powers. But for 100 years, everyone has ignored the existing limits on federal spending. A BBA would replace the existing enumerated powers limitation on federal spending and create a new constitutional authority to spend on whatever the President or Congress put into the budget! A BBA thus legalizes spending which is now unconstitutional as outside the scope of the enumerated powers, and transforms the federal government into one which has constitutional authority over whatever Congress decides to spend money on.

Federal Regulations: Article I, §1 vests all lawmaking powers in Congress. So all regulations issued by federal executive agencies which purport to apply to the Country at Large are unconstitutional as in violation of Art. I, §1; and as outside the scope of the enumerated powers. An amendment such as Natelson proposes is a grant of constitutional power to federal executive agencies to make Laws.

Supreme Court Opinions: This shows why Roe v. Wade is unconstitutional. This shows why the opinions banning Christian speech in the public square are unconstitutional. The remedy our Framers advised for such usurpations is impeachment and removal from the Bench (Federalist No. 81, 8th para), and nullification by the States of unconstitutional opinions [link].

Natelson cannot produce any writing from a Framer which says that when the Supreme Court violates the Constitution, the remedy is to amend the Constitution. Our Framers were not silly men. And what would such an amendment as Natelson proposes say? That federal judges must obey the Constitution? Article VI already requires that. Does Natelson propose amendments which list the subjects on which federal courts may not act? But Art. III, §2, cl. 1 already lists the kinds of cases they may hear. But we ignore those existing limitations.

Term limits amendment: If we learned anything from the last election, it should be that we will not in the foreseeable future have an honest federal election. With H.R.1, Congress is likely to attempt to “legalize” the unconstitutional shenanigans which enabled the theft of the last election. So your vote won’t matter!

But even if we had honest federal elections, consider this: As you decrease the powers of elected members of Congress by making them transient beings – you increase the powers of the “deep state”. With term limits, elected members of Congress would become like train cars passing in the night – the power would be solidified in the nameless, faceless, un-elected bureaucrats who infest the Executive Branch.

Anyone who analyzes the amendments proposed by COS and their allies can see that their amendments increase the powers of the federal government by delegating powers already usurped, granting new powers, or stripping States of their existing powers. See: ‘Mark Levin’s “Liberty” Amendments: Legalizing Tyranny’ [link]; ‘COS Project’s “simulated convention” dog and pony show and what they did there’ [link], & ‘The “Regulation Freedom” Amendment and Daniel Webster’ [link].

4. Amendments to “prevent federal abuse” can backfire!

When amendments correct defects in the Constitution, they are clearly a good thing. The 12th & 13th Amendments, like the 11th Amendment, corrected defects in the Constitution. Section 1 of the 14th Amendment extended Citizenship to the freed slaves and provided constitutional authority for the much needed federal Civil Rights Act of 1866.

But amendments added to prevent federal abuses backfired. In Federalist No. 84 (10th para), Alexander Hamilton warned against adding a Bill of Rights to our Constitution. Under a Constitution of enumerated powers, the government may lawfully do only what the Constitution permits it to do. So

“…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? … it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power...” [emphasis mine]

But Hamilton’s warnings were brushed aside.

Beginning in the 1920s, Justices on the Supreme Court – who were “disposed to usurp” – fabricated a doctrine under which they claimed that §1 of the 14th Amendment “incorporated” various parts of the first 8 Amendments so that those Amendments restricted the States! This how the Supreme Court usurped power to dictate how the States must apply the Bill of Rights. As shown here (at 12. & endnote 4), this is the theory the Supreme Court used to ban Christian speech from the public schools and County courthouse lawns.

Throughout the years, the Supreme Court has extended its “incorporation doctrine” to dictate to the States how they must apply the 1st, 2nd, 4th, 5th, 6th, and 8th Amendments [link].

Furthermore: Amendments usher in implementing federal statutes and executive agency regulations – and judicial power over the subject of the Amendment becomes vested in the federal courts. Article III, §2, cl.1, says, “The judicial Power shall extend to all Cases … arising under this Constitution …”

Beware of what you ask for.

5. Natelson’s assurances that a convention would consist of “state delegations” sent “to propose pre-specified amendments” are false and reckless in the extreme 2

Natelson presents nothing to support his assurances. He can’t because his assurances are contradicted by the Constitution; and by the federal “amendments” convention of 1787, which is our sole historical precedent for a federal convention called by a Congress to address our federal Constitution.

Article V, US Constit., says:

The Congress, whenever two thirds of both Houses shall deem necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing amendments…” [italics added]

Article I, §8, last clause, US Constit., says Congress shall have the Power…

“To make all Laws which shall be necessary and proper for carrying into Execution 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.” [italics added].

So Congress calls the convention and makes the laws necessary and proper to organize the convention.

The April 11, 2014 Report of the Congressional Research Service [link] shows that Congress recognizes that Article V grants to Congress exclusive authority to set up a convention:

“Second, While the Constitution is silent on the mechanics of an Article V convention, Congress has traditionally laid claim to broad responsibilities in connection with a convention, including (1) receiving, judging, and recording state applications;(4) determining the number and selection process for its delegates…” (page 4).

So Congress has the power to receive and judge the applications; how to count the applications, which ones to count, whether to aggregate the different forms of applications, etc.

Nothing in the Constitution permits State Legislatures to dictate amendments to be considered. The convention is the deliberative body.

Nothing in the Constitution requires Congress to permit States to select Delegates. Congress – the same Congress which Natelson tells us is “abusive”, “mendacious” and “revels in its power”- has the power to select the Delegates. Congress may appoint themselves as Delegates. 3

6. The People have the power to take down and set up governments

The push for an Article V convention is a hoax. The Globalists who stole the Election want a new Constitution. They are using “getting amendments to rein in the federal government” as a pretext for getting a convention where a new Constitution is sure to be imposed. Madison expressly warned of this stratagem [link].

Our Declaration of Independence is part of the “Organic Law” of our Land. It recognizes that The People take down and create governments. When Delegates meet in convention to address a Constitution, they are the Sovereign Representatives of The People. They cannot be controlled by the “creatures” of Constitutions previously ratified by the People [link].

In Federalist No. 40 (15th para) James Madison invoked the “transcendent and precious right” of a people to throw off one government and set up a new one as justification for the Delegates to the federal “amendments” convention of 1787 ignoring their instructions to propose amendments to the Articles of Confederation, and instead writing a new Constitution with its own easier mode of ratification.

Accordingly, even if the “abusive” and “mendacious” Congress doesn’t “revel in its power” to appoint Delegates, but graciously permits States to select Delegates, State Legislatures have no competent authority to control Delegates at a convention called by Congress pursuant to Article V. The Delegates, as Sovereign Representatives of The People, have the power to eliminate the federal & state governments! 4

Heed the warning of the great statesman Daniel Webster:

“The politician that undertakes to improve a Constitution with as little thought as a farmer sets about mending his plow, is no master of his trade. If that Constitution be a systematic one, if it be a free one, its parts are so necessarily connected that an alteration in one will work an alteration in all; and this cobbler, however pure and honest his intentions, will, in the end, find that what came to his hands a fair and lovely fabric goes from them a miserable piece of patchwork.” Daniel Webster, 4th of July Oration, 1802.

Endnotes:

1 In a speech Natelson gave on Sep. 16, 2010 [link at top of p. 2], he said he would no longer call what he wanted a “constitutional convention”; but would ‘put our concepts on “reset” ’ and henceforth call it a “convention of states”.

2 Noted conservative constitutional litigators and law professors William Olsen and Herb Titus have already recognized that COS’s “false assurances” are “reckless in the extreme” [link].

3 Page 40 of the CRS Report says it’s been recognized that there doesn’t seem to be any “… constitutional prohibition against [U.S.] Senators and Representatives serving as delegates to an Article V Convention..”

4 The proposed Constitution for the Newstates of America [link] does just that. Article XII, §1 provides for ratification by a referendum called by the President. Do YOU trust the voting machines?

March 21, 2021 Posted by | Amendments to the Constitution, Article V Convention, Congressional Research Service Report, constitutional convention, convention lobby, Convention of States project, Daniel Webster, Delegates to a convention can't be controlled, Federal Convention of 1787, Incorporation doctrine, Purpose of amendments to constitution, Rob Natelson | , , , , , , , , , , | 17 Comments

How to make civil government Irrelevant

 
 

January 24, 2021 Posted by | covid virus, speech codes | , , | 25 Comments

What the Constitution REQUIRES Congress to do on January 6, 2021

By Publius Huldah

1. The Rule of Law is being erased in our Land

Several years ago, I saw a movie on TV. The setting was Berlin, Germany just after WWII at the time the Soviets were laying rolls of barbed wire on the ground to mark the border between East and West Berlin. The main characters were a young American woman and a young German man. He had gotten a law degree while Hitler was taking over Germany; but he never practiced law. She asked him why and he said, “The Law disappeared”.

And that’s what’s going on in our Country: The Law – as the standard which those in government must obey – has disappeared and is being replaced by the age-old system where those with the power do what they want, and the cowards go along with it.

Just as the cowards in Germany went along with Hitler; cowards in America are going along with the Left’s brazen theft of the recent election. Countries are destroyed by such cowards; and that may be the reason Revelation 21:8 lists cowards as the first to be thrown into the Lake of Fire: Tyrants couldn’t get to first base without the acquiescence of cowards.

So this paper calls upon each Member of Congress to rise up and restore the Rule of Law to our Land.1 Knowledge of Truth – and the Love of Truth – make us strong. So learn the Truth, embrace it, and restore the Rule of Law.

2. We must read each Part of the Constitution in the Light cast by the other Parts

It is impossible to understand any Part of the Constitution without understanding how that Part fits into the Whole; and how each individual Part is affected by the other Parts addressing the same subject. Accordingly, it is an ancient rule of construction that constitutional provisions or statutes that are on the same subject (in pari materia) must be construed together [link].

So it is a serious misconstruction of the 12th Amendment to assert that Congress’s role on January 6 is the passive one of merely counting numbers; or that the Presiding Officer has discretion to do whatever he wants.

As shown below, specific provisions of the Constitution impose on Congress the Duty to determine whether the Electors were lawfully chosen; and whether the putative President elect and Vice-President elect are qualified for office.

3. When it meets on January 6, Congress must enforce these Constitutional provisions respecting the Appointment of Electors

Article I, §4, clause 1; Article II, §1, clause 2; and Article II, §1, clause 4

Art. I, §4, cl. 1 says that only state and federal legislatures have the power to make laws addressing the Times, Places and Manner of conducting federal elections. So Judges and State executive officials have no lawful authority to change the election laws made by the Legislatures!

Art. II, §1, cl. 2 says that the Electors for President and Vice-President are to be appointed in such manner as the State Legislatures shall direct. So Judges and State executive officials have no lawful authority to change the election laws respecting how the Electors are to be chosen!

So Electors who were appointed in violation of these two provisions were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President.

Art. II, §1, cl. 4 provides that Congress may determine the Time of chusing the Electors. At 3 USC §1, Congress set the time for chusing Electors for November 3.

So Electors who were appointed after November 3 by means of late ballots (which was made possible by unconstitutional changes to state election laws which unlawfully extended the deadlines for receiving ballots past Nov. 3) were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President. 2

4. Congress must also enforce these Constitutional provisions respecting the qualifications for the Offices of President and Vice-President

Article II, §1, clause 5

Art. II, §1, cl. 5 sets forth qualifications for the Office of President. After our first generation of Presidents [who were all born as subjects of the King of England] had passed away; the qualifications for President are that he must be a “natural born citizen”, at least 35 years of age, and have been for at least 14 Years a Resident within the United States.

The last sentence of the 12th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. 3

The 22nd Amendment

The 22nd Amendment imposes term limits on the office of President. So any person who has already served two terms is constitutionally ineligible to be President.

The 20th Amendment, §3

§3 of the 20th Amendment addresses what happens when the President elect and/or Vice-President elect “fail to qualify”. So §3 underlines Art. II, §1, cl. 5; the last sentence of the 12th Amendment; and the 22nd Amendment: If the President elect or the Vice-President elect “fail to qualify”, they are to be passed over.

So! The Constitutional scheme is that the Electors’ choice is subject to Congress’ determinations of:

♦whether the requirements of Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 were obeyed when the Electors were selected; and

♦whether the persons whom the Electors chose meet the requirements of Art. II, §1, cl. 5; the last sentence of the 12th Amendment, and the term limits provision of the 22nd Amendment.

If not, Congress must disqualify the persons.

5. Congress is also bound by these Constitutional provisions

The Guaranty clause at Article IV, §4

Art. IV, § 4 says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…” [emphasis added]

Since the essence of a “Republic” is that power is exercised by Representatives elected by The People; 4 the violations of Art. I, §4, cl. 1; Art. II, §1, cl. 2; and Art. II, §1, cl.4 (which made massive election fraud possible) strike at the heart of our Constitutional Republic.

When Electors are selected in violation of our Constitution by means of last minutes changes unlawfully made to state election laws; and/or an election is stolen by means of fraud, the Right of The People to choose their Representatives is taken away from them – and the Republic is destroyed.

Art. IV, §4 imposes on Congress the Duty to guarantee lawful and honest federal elections. Congress can do this by enforcing Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 by disqualifying the Electors chosen in contravention of those provisions.

Congress may (and should) also disqualify Biden and Harris on the additional ground that their pretended election was procured by cheating.  They must be stripped of their sham “win”. 5

The Supremacy clause at Article VI, cl. 2

Art. VI, cl. 2 says:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…” [italics added]

Only those Acts of Congress which are consistent with the Constitution are part of the supreme Law of the Land. 6

Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:

♦require Congress to accept slates of Electors who were appointed in violation of Art. I, §4, cl.1; Art. II, §1, cl. 2; and Art. II, §1, cl. 4;

♦require Congress, in the case of dueling slates of Electors, to choose the slate signed by the Governor of the State and reject the slate approved by the State Legislature; 7 and

♦eliminate the 12th Amendment’s dispute resolution procedures under which the House of Representatives chooses the President; and the Senate chooses the Vice-President. 8

But, contrary to what some have asserted, the 12th Amendment most manifestly does NOT vest exclusive authority and sole discretion in the President of the Senate (Vice-President Mike Pence) to determine which slates of Electors for a State are to be counted and which slates are to be rejected!

As President of the Senate, the Vice-President has certain Parliamentary powers at his disposal; but he has no “discretion” in deciding whether he will adhere to the Constitutional framework governing the Election. He – and every other Member of Congress – must adhere to and enforce each Constitutional provision.

The Oath of Office at Article VI, cl. 3

Every Member of Congress is bound by Oath or Affirmation to support our Constitution. On January 6, you must lay aside all personal considerations. Do your DUTY as set forth in the Constitution. And remember: This isn’t about Trump – this is about whether our Republic is to survive. If you permit violations of the Constitution and the resulting fraud to prevail; you will destroy our Republic.

6. Our Constitution sets up an elegant system of checks and balances

One of the benefits of the “separation of powers” Principle is that it provides a mechanism for one power to correct violations made by another power. Within the federal and State governments, powers are divided into three Branches: Legislative, Executive, and Judicial. Each Branch has the duty to “check” the violations of the other Branches.

Likewise, the power of the State governments is separated from the power of the federal government. When people within State governments violate the Constitution – as was done in the recent election – it is the Duty of the federal government to “check” the violation. Since Electors were chosen in violation of the Constitution; Congress has the Duty to check the violations and reject those Electors.

Endnotes:

1 The term, “rule of law”, is defined here at Point 7.

2 The same Principle applies to Electors who were chosen before Nov. 3 pursuant to [unconstitutional] state election laws which permit early voting for selection of Electors.

3 It appears that at the time Kamala Harris was born, her parents were not US Citizens. If so, she is constitutionally ineligible to be President or Vice-President [link]. Congress has the Duty to inquire into this matter; and if they find that she is not a “natural born citizen” within the original intent of Art. II, §1, cl. 5, it is Congress’ Duty to disqualify her. Congress is the body which is charged with determining the eligibility of the President and Vice-President [link].

4 Federalist No. 10 (J. Madison): “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

5 If you win a medal at the Olympics; and it’s later discovered that you cheated by taking performance-enhancing drugs, you will be stripped of “win” and medal – and both will be awarded to your runner-up. The same Principle applies to stolen elections.

6 Federalist No. 78, 10th para (A. Hamilton): “…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; ….” [emphasis mine]

7 Art. II, §1, cl. 2 provides that the State Legislatures have the power to direct how the Electors are to be appointed! The State Governor has no constitutional power whatsoever in the selection of Presidential Electors!

8 To the same effect, see the Complaint recently filed by US Representative Louie Gohmert [link].

January 5, 2021 Posted by | 12th Amendment, 20th amendment, 22nd Amendment, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, free and fair elections, Kamala Harris, Mail-in voting, stop the steal, Times Places and Manner clause | , , , , , , , , , , , | 31 Comments

Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal!

By Publius Huldah

Here is the interview Alex Newman of The New American Magazine and I did on December 23.

1. The Supreme Court’s Dereliction of Duty

The Pennsylvania Lawsuit

As pointed out in the interview [and previously here], Art. I, §4, cl. 1, US Constitution, delegates to state and federal legislatures alone the power to make the laws addressing the “times, places and manner” of conducting federal elections. In addition, Art. II, §1, cl. 2 provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed.

But in Pennsylvania (and other States), Judges and State Executive Branch officials changed the laws made by their State Legislature in order to permit fraud of such a massive scale as would enable the theft of the election for the Biden/Harris ticket. Accordingly, during late September, the Republican Party of Pennsylvania filed a lawsuit challenging the unconstitutional changes to the State election laws. They lost in the Pennsylvania Supreme Court, and asked the US Supreme Court to review it.

But the Supreme Court dragged its feet. So on October 28, Justice Alito (who is the “go-to” Justice for the US Circuit in which Pennsylvania is located), issued a statement [link] where he identified violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 as an issue of “national importance” which “calls out for review” by the Supreme Court; and that the Court should decide this issue BEFORE the election. He warned that the Supreme Court’s inaction on the “important constitutional issue” raised in the lawsuit has created conditions that could lead to “serious post-election problems.”

Justices Thomas and Gorsuch joined Justice Alito in his Statement – but nobody else.

The Supreme Court still hasn’t announced whether they will review the decision of the Pennsylvania Supreme Court. They set this case for conference (among themselves) on January 8 [link] – which is two days after Congress meets to count the votes.

The Texas Lawsuit

The Supreme Court’s handling of the Texas lawsuit was equally egregious. The Texas case alleged that using COVID-19 as an excuse, state election officials and judges in Pennsylvania, Georgia, Michigan, and Wisconsin usurped their State Legislature’s authority and unconstitutionally revised their State’s election statutes. These changes made massive election fraud possible. The Complaint sets forth compelling facts alleging the massive and coordinated fraud used to steal the November 3 election.

But the Supreme Court refused to hear the case, claiming that Texas “lacked standing” to bring the action. They were dead wrong. Here’s why:

Article IV, §4, US Constitution, says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

The essence of a “Republic” is that power is exercised by Representatives elected by The People.1 Accordingly, the violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 – which made the massive election fraud possible – strike at the heart of our Constitutional Republic.

Obviously, when an election is stolen by corrupt politicians and political parties – with the connivance of Judges and State election officials – the Right of The People to choose their Representatives is taken away from them.

And this is why the State of Texas has “standing” to bring the lawsuit: Art. IV, §4, is for the benefit of the States who comprise this Union. The States created the federal government when they ratified the Constitution. The Supreme Court is merely the “creature” of that Constitution; and they may not lawfully act in contravention of the Document under which they hold their existence.

The US Supreme Court is required to act so as to preserve the Republican Form of Government for Texas and all other States. They shirked their Duty. Shame on the Supreme Court!

2. Attorney General William Barr’s Dereliction of Duty

Article IV, §4 also imposes on the US Attorney General – as part of the Executive Branch of the federal government – the Duty “to guarantee to every State in this Union a Republican Form of Government…”

Accordingly, the Attorney General has the Duty to prosecute persons engaged in federal election fraud; and he has the Duty to file civil actions addressing the election fraud – such as suggested by constitutional litigators William J. Olson & Patrick M. McSweeney in their Christmas Eve article here.

But not only did Barr not lift a finger to fight the fraud – he denied there was any fraud. He too shirked his constitutional Duty. Shame on William Barr!

3. Will Congress also shirk their Constitutional Duty?

Article IV, §4 also imposes on Congress the Duty to guarantee to the States a Republican Form of Government.

Section 3 of the 20th Amendment imposes on Congress the additional Duty of determining whether the President Elect and Vice President Elect have “qualified” for office [respecting that, this short post will help you].

Congress has the ability to perform its sacred Duty under Art. IV, §4, by disqualifying Biden and Harris on the bases that their election was procured by changes to State election laws made in violation of Art. I, §4, cl. 1 and Art. II, §1, cl. 2, which made possible the brazen fraud which resulted in the theft of the election for Biden and Harris.

Kamala Harris should be disqualified on the additional ground that she is not a “natural born citizen” as required by Art. II, §1, cl. 5 and the 12th Amendment [link].

But shockingly, it appears that some Republicans in Congress intend to go along with the fraud, and will use as an excuse the silly claim that presidential elections are up to the States and Congress shouldn’t bully the States!

But that would constitute an aiding and abetting of election fraud, and a shirking of Constitutional Duties. Congress! Do not strip The American People of their right to honest federal elections!

4. The Fraudulent Election is an Act of War against the People of the United States

This was not just another election. This was a planned and coordinated attack on the People of the United States. If we don’t defeat the fraud, the People of the United States will have been stripped of their sovereign power to choose their own Representatives. 2

This is an Insurrection against the sovereign power of WE THE PEOPLE. Traitors within our local, state, and federal governments have conspired with one another – and apparently foreign agents – to take our sovereign power away from us. And cowards are going along with it.

5. President Trump has constitutional and statutory authority to carry out the Duty imposed on him by Art. IV, §4

If, when it meets on January 6, Congress too shirks its constitutional Duty to guarantee honest federal elections and refuses to disqualify Biden & Harris; then the President is our last hope (within the purview of the Constitution). 3 Not only does Art. IV, §4 impose this duty on the President; he is also bound by his Oath of Office to “preserve, protect and defend the Constitution of the United States” (Art. II, §1, last clause); and, by Art. II, §3, to “take Care that the Laws be faithfully executed”. These three provisions impose upon him the Duty to act so as to preserve the Federal Constitutional Republic created by our Constitution of 1787.

And he has the constitutional and statutory authority to carry out his Duty:

Call up the Militia!

Article I, §8, cl. 15 authorizes Congress

…“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” [italics added]

Congress “provided for” calling forth the Militia by delegating to the President the authority to use his own judgment respecting whether to send the Militia into any State:

♦To enforce the Laws of the United States [10 USC §252];

♦To suppress uprisings which deprive the people of the rights, privileges and immunities, and protections recognized in the Constitution and secured by Law, and the State government isn’t protecting those rights [10 USC §253]; and

♦To suppress uprisings which oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC §253].

So the Militia may be called forth:

♦To enforce Art. I, §4, cl.1 (which requires that only state and federal Legislatures may make laws respecting the times, places and manner of holding federal elections);

♦To enforce Art. II, §1, cl.2 (which provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed);

♦To enforce Art. IV, §4 (which requires the United States to guarantee to the States a Republican Form of Government); and

To suppress the Insurrection which is right now going on in our Country.

A Brief History of the Militia

The term, “Militia”, refers to the armed and trained male Citizens. The Militia Act of 1792 provided for the arming and training of these male Citizens [link]. Our Framers did not want a standing professional Army – that’s why appropriations for the regular Army were limited to two years (Art. I, §8, cl. 12). Enforcement of federal laws, suppression of Insurrections, and much of the national defense were to be the responsibility of the Militia. When the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing! During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! 4

But with the Dick Act of 1903, the organized Militia was converted into the National Guard – which is an adjunct of the federal military. And with 10 USC § 246, Congress redefined “Militia” to consist of two classes:

“(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Earlier this year, in response to the violent Insurrections in the cities, Edwin Vieira, JD., Ph.D. (our Country’s foremost authority on the Militia) showed here how President Trump has the authority to send the Militia into the cities to suppress the Insurrections. But as discussed here [at endnote 11], President Trump’s two previous Secretaries of Defense apparently indicated that they would not obey orders to send the National Guard into the cities. Will Chris Miller, the present acting Secretary of Defense, be any better?

But if President Trump calls up “the unorganized militia” – which remains in existence as recognized by 10 USC §246 and which has his back – to enforce Art. I, §4, cl.1; Art. II, §1, cl.2 and Art. IV, §4 – he doesn’t need the cooperation of any deep state Secretaries of Defense.

6. Calling up the Militia is not equivalent to imposing “martial law”!

I implore Patriots to become precise in your use of terminology. Calling up the Militia for the purposes at Art. I, §8, cl. 15 is not “imposing martial law” [and it’s not “Marshall law”]! Martial Law is typically imposed during war time when invading military forces disband civilian governments [including the courts] in the occupied country and replace the civilian government with direct military control of civilian populations.

7. What is “the rule of law”?

The “rule of law” is a term which politicians and Attorneys General, who have no idea what it means, love to sling around: In his recent address to students at Hillsdale College, former Attorney General Barr said the “rule of law” means “treating everyone the same”. That’s not even close.

Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution. The Bible shows that Kings governed justly only when they governed in accordance with the Law of God. In our Country, the civil authorities govern justly only when they obey our Constitution. See: Lex, Rex, by Rev. Samuel Rutherford (1644) and here under the subheading, “1. The Civil Authorities are under the Law.”

8. This isn’t about Trump – it’s about defending our Constitutional Republic from enemy attack

It doesn’t matter what you or I think of President Trump: there is much to criticize about his policies. This fight is about whether our Republican Form of Government, with honest & verifiable elections, is to be restored; or whether our Right to choose our Representatives is to be stripped from us forever.

Endnotes:

1 Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

2 “…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.” Federalist No. 22, last para (A. Hamilton). This is what we will lose if Congress and the President permit the cheats and subversives to get away with the election fraud.

3 If Congress and the President both shirk their Constitutional duties and “betray their constituents, there is then no resource left but in the exertion of that original right of self-defense …” Federalist No. 28 (A. Hamilton). Much blood will be on the hands of those who acquiesced in the fraud.

4 Not armed thugs from federal executive agencies such as the FBI, BATF, etc., etc., etc. !

January 3, 2021 Posted by | Article I Sec. 4, Article II Sec. 1, derelection of duty, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, republican form of government, Rule of Law, stop the steal, William Barr | , , , , , , , , , , | 30 Comments

This is War: Trump Must Act to Stop The Fraud

In this explosive interview with The New American magazine’s Alex Newman, constitutional lawyer and former military attorney Joanna Martin (also known by her pen name as Publius Huldah) gives a lawful and constitutional roadmap for President Trump to defeat the 2020 election fraud and the effort to destroy America’s constitutional republic. After outlining how Congress, the Supreme Court, and even the executive have failed so far, Martin explains that Trump still has not just a right, but a duty to invoke the Insurrection Act. Article 4 of the Constitution requires the federal government to guarantee to every state a Republican form of government. And the Constitution also provides for the militia to execute the laws of the union and put down insurrections, both of which are required right now. Trump must act now, especially if Congress does not do its duty on January 6.

 

 

December 24, 2020 Posted by | Article I Sec. 4, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, Insurrection Act, Militia, Presidential Electors, republican form of government, Times Places and Manner clause | , , , , , , , , , | 33 Comments

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