Publius-Huldah's Blog

Understanding the Constitution

Congress has no authority to confer statehood on the District of Columbia

By Publius Huldah

Under Article IV, Sec. 3, US Constitution, Congress has the power to admit new States into the Union.

For a list of States and when admitted, see this wiki list.

Note that the new States were “colonies” or “territories” – or as with Vermont and Texas, “independent Republics” – before they were admitted into the Union as “States”.  That is highly significant.

The District of Columbia has an existing constitutional status as “the Seat of the Government of the United States” – see Article I, Section 8, next to last clause, US Constitution.

In order to change the constitutional status of the District of Columbia from the “seat of government of the United States” to a “State”, Article I, Section 8, next to last clause, must be amended pursuant to Article V, U.S. Constitution.

Any pretended Act of Congress which purports to confer statehood on the District of Columbia would be totally and blatantly unconstitutional.

June 26, 2020 Posted by | Article IV Sec. 3, District of Columbia, Statehood for the District of Columbia | , , | 48 Comments

Mail-in voting

By Publius Huldah

1. As to elections for LOCAL & STATE offices (where no federal elections are on the ballot): What does your STATE CONSTITUTION say? Does it prescribe any particular “manner” of voting? “Manner of voting” refers to a requirement of personal presence at the place of voting and to a show of hands, or voice votes, or paper ballots, or voting machines; etc., OR voting by mail or by internet or by telephone, etc. The Laws made by your State Legislature respecting “manner of voting” must comply with your State Constitution, or the pretended laws are unconstitutional.

So! For local & state offices where no federal office is on the ballot; the matter is determined solely by your STATE Constitution and the Statutes your STATE Legislature has passed.

2. As to elections for the FEDERAL House of Representatives or Senate: See Article I, §4, clause 1, US Constitution: It provides that State Legislatures have the power to prescribe the “Times, Places, and Manner” of holding elections; but that Congress has an oversight power over the “Time” and “Manner” of election laws made by State Legislatures. [Remember, when Art. I, §4, cl. 1 was written, the State Legislatures chose the State’s Senators to the US Congress – so the “place” of choosing the Senators would be wherever the Legislature met.]

I wrote about Art. I, §4, clause 1, US Constitution here: https://publiushuldah.wordpress.com/2010/12/05/arizonas-proposition-200-what-the-constitution-really-says-about-voter-qualifications-exposing-the-elections-clause-argument/ under the subheading, The Dishonest “Elections Clause” Argument. Please study that.

It appears that Congress has not passed any Laws prohibiting or requiring mail-in voting in federal elections. (If anyone knows anything to the contrary, please let me know.) If Congress has not passed a law prohibiting mail-in voting, then States may permit it (assuming they are sufficiently foolish to do so). Congress does have the constitutional authority to prohibit mail-in voting in federal elections [and to continue to permit absentee ballots for members of the Military, diplomatic corps, Missionaries, etc.]

3. And remember: The 12th Amendment sets forth the totally different & separate procedures for electing President & Vice-President. We have ignored the 12th Amendment for a long time…

May 14, 2020 Posted by | Elections Clause, Mail-in voting | , | 11 Comments

Why the States must Nullify the National Voter Registration Act Now!

By Publius Huldah

From the earliest days of our Republic, 1 some years before our federal Constitution of 1787 was ratified; 2 the Citizens of the States determined the qualifications for voting, and memorialized these qualifications in their State Constitutions. In keeping with this hallowed practice, the Citizens of North Carolina recently amended Article VI of their State Constitution to add to the Qualifications for voting the requirement that persons voting in person present a photo ID [link].

But lawsuits have been filed in federal court objecting to the photo ID’s; and the judge on one of them, U.S. District Judge Loretta Biggs [Mid. Dist. North Carolina], has announced that she will issue a preliminary injunction against the requirement that voters present a photo ID. North Carolina election officials scurried to comply with Judge Biggs’ announcement; and Republican politicians called for an appeal [link].

The purpose of this paper is to show a better way to proceed – to show how North Carolina can enforce the US Constitution and the qualifications for voting set forth in its State Constitution.

We begin by looking at what our federal Constitution says about qualifications of voters.

1. Our federal Constitution enshrines the pre-existing practice where States set the qualifications for voters

In our federal Constitution of 1787, the States expressly retained their pre-existing power to determine the qualifications of voters: Article I, §2, cl. 1, US Constit., says,

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” [italics added]

So! Under our federal Constitution, those who are eligible to vote for Representatives to their State Legislature are, by definition, the ones eligible to vote for Members of the federal House of Representatives.

The 17th Amendment [ratified 1913] provided that those who were eligible to vote for Representatives to the US House would also be eligible to vote for the US Senators.

With four later amendments, the States decided that they would not deny eligibility to vote to Citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay taxes (24th Amendment), and for those 18 years of age or older on account of age (26th Amendment).

So the States have retained their original authority to set whatever qualifications for voting they deem appropriate, subject to their agreement (with each other) that they would not deny suffrage on account of a Citizen’s being in one of those four categories.

2. Voting fraud

But today, we all know that, due to the federal government’s long continuing refusal 3 to control immigration 4 and protect the States from Invasion,5 illegal aliens are flooding into our Country. In at least 15 States, illegals may get drivers’ licenses [link] [link]; and with California’s “motor voter law”, illegals are automatically registered to vote when they get a drivers’ license! 6

Furthermore, there are Precincts in this Country where well over 100% of the registered voters turn out to vote [link]! This Georgia Precinct had a 243% voter turnout!

Our elections are also corrupted by the “ghost voters” described in Deroy Murdock’s article [here]. Murdock shows that throughout the United States, over 3.5 million persons who don’t exist are registered to vote. For North Carolina, Murdock finds 189,721 ghost voters. Virginia has 89,979 ghost voters. But that’s a pittance compared to California which “is a veritable haunted house, teeming with 1,736,556 ghost voters.”

When you add California’s 1,736,556 ghost voters to the illegal aliens who also vote there (thanks to “Motor Voter”)7 and understand that this problem is nation-wide; who can deny that the States need to man-up and clean up their corrupt voting systems? The federal government has no constitutional authority to clean up the voting rolls; 8 but the States have the inherent and retained duty and power to do so.

By requiring photo IDs, the Citizens of North Carolina have taken a first step towards getting rid of some of those 189,721 ghosts, plus the illegals, who corrupt elections within their State.

3. The Federal Government has usurped the States’ expressly retained power to set qualifications for Voters

In 1993, Congress passed the National Voter Registration Act (NVRA) [link], wherein they unlawfully seized power to dictate voter registration procedures (for federal elections) for the entire Country.

By dictating the registration procedures each State must use, and by mandating the voter registration form [the “federal form”] each State must use when registering voters; the NVRA stripped the States of their power to determine whether voters in their State meet the qualifications for voting set forth within their State Constitutions. It thus prohibits the States from enforcing the qualifications for voting set forth in their State Constitutions! 9

This is shown by what happened in Arizona:

The Constitution of the State of Arizona restricts voting to Citizens. During 2004, the People of Arizona (which had been overrun with illegal aliens) adopted an initiative (Proposition 200) which required those in Arizona who apply to register to vote, to provide documentary proof of citizenship.  But a lawsuit was filed in federal court; and the Ninth US Circuit Court of Appeals ruled that since the National Voter Registration Act of 1993 doesn’t require applicants for voter registration to provide documentary proof of citizenship, the States may not require it.

Thereafter, in Arizona v. The Inter Tribal Council of Arizona, Inc. (2013), the US Supreme Court affirmed the Ninth Circuit’s opinion [link].

I wrote about the Ninth Circuit’s opinion [here] and the Supreme Court’s opinion [here]. Both opinions are monuments to judicial incompetence – or worse. The assertions made by the Courts in their attempts to justify their unconstitutional judgments are demonstratively false. The majority opinion of the Supreme Court is also logically incoherent.

But here we are: The Supreme Court has held that since the federally mandated voter registration form doesn’t require that persons registering to vote provide proof of citizenship, the States may not require it. What this means, in practice, is that the States must register anyone who fills out the federal form.

4. So where does this leave North Carolina?

The federal voter registration form may be seen (in 15 different languages) [here].

The federal form doesn’t require applicants for registration to provide a photo ID. Therefore, consistent with Arizona v. The Inter Tribal Council of Arizona, Inc., North Carolina may not require applicants for registration to provide a photo ID.

May North Carolina require voters to present a photo ID when they show up to vote? The Supreme Court hasn’t directly addressed this; 10 but consider that since the federal government requires the States to register anyone who fills out the federal form, why would the feds permit the States to deny exercise of the suffrage to any name which is “registered”?

We already know how U.S. District Judge Loretta Biggs is going to rule – and her ruling is consistent with the Supreme Court’s lawless holding in Arizona v. The Inter Tribal Council of Arizona, Inc.

5. Are There any Men in North Carolina?

The 7th paragraph of our Declaration of Independence recites how the Colonists opposed with manly firmness the King’s invasions on the rights of the people.
Are there any politicians in North Carolina today who will oppose the federal government’s invasions on the rights of the Citizens of North Carolina to set and enforce requirements for voting within their State?

A State Attorney General with brains and a spine would inform the federal judge that North Carolina won’t participate in the litigation; that she may issue all the Orders and Judgments she wants – North Carolina will ignore them – because (if she obeys the Supreme Court instead of the federal and State Constitutions) her Orders and Judgments will be void as in violation of Article I, §2, clause 1, US Constitution; and as in violation of the Sovereign Rights of North Carolina to enforce their own Constitution respecting voter qualifications.

What could a federal judge do about such a principled response from North Carolina? She has no Army. She has no power to enforce her judgments. She has to depend on the Executive Branch of the Federal government to enforce her judgments.11

So we would find out whether Trump actually means it when he says he wants honest elections, or whether he is just another fake “conservative”. If he is a fake, he will send in the National Guard to enforce the Judge’s unconstitutional judgment. But if Trump lives up to his words about the need for honest elections [link]; then he will refuse to send in the National Guard to enforce the unconstitutional Judgment; and North Carolina will have won the Battle and set a noble example for other States to follow.

6. Conclusion

The Deep State which controls the federal government doesn’t want elections cleaned up – they need dirty elections to get their henchmen in office. So they have embarked upon a course of action (such as the NVRA) to try to prevent the States from cleaning up elections. So, for Heaven’s Sake! Man up and resist! Our Framers always advised the States to resist unconstitutional acts of the federal government [link] [link]! We will never get honest elections unless the States man up and reclaim their rightful authority over their own voter rolls. Do it before you lose the political power to do it.

Endnotes:

1 From 1778 to 1789, we operated under our first federal Constitution, the Articles of Confederation [link].

2 Our present federal Constitution was ratified on June 21, 1788 [link].

3 Both political parties have embraced the Globalists’ open borders policy – both parties have failed to secure our Borders.

4 Art. I, §9, cl. 1, US Constit., delegates to Congress as of January 1, 1808, the power to control immigration.

5Art. IV, §4, US Constit., requires the federal government to protect each of the States against Invasion.

6 During 2013, California passed a law which permits illegal aliens to get drivers’ licenses [link]; and during 2015, consistent with the unconstitutional National Voter Registration Act, passed “Motor Voter” providing that when one gets a drivers’ license, one is automatically registered to vote [link].

7 So with a “National Popular Vote” for President, or to ratify a new Constitution (if the mode of ratification for the new Constitution is a national referendum), it would be easy to steal the outcome! Illegal aliens and “ghost voters” in California alone would determine the outcome for the entire Country.

8 President Trump’s Executive Order 13799 of May 11, 2017, which purported to establish a “Presidential Advisory Commission on Election Integrity” [link], is unconstitutional as outside the scope of powers delegated to the federal government.

9 Justice Thomas understands this: Until the federal government usurped power over this issue, the States always determined their own procedures for registration of those who were, pursuant to their State Constitution, qualified to vote. The function of registration of voters is so that the States may determine whether the qualifications for voting set forth in their State Constitution have been met! Justice Thomas points out in his dissent in Arizona v. The Inter Tribal Council of Arizona, Inc. at II. A. 2:

“This understanding of Article I, §2, is consistent with powers enjoyed by the States at the founding. For instance, ownership of real or personal property was a common prerequisite to voting … To verify that this qualification was satisfied, States might look to proof of tax payments… In other instances, States relied on personal knowledge of fellow citizens to verify voter eligibility. . . States have always had the power to ensure that only those qualified under state law to cast ballots exercised the franchise.

Perhaps in part because many requirements (such as property ownership or taxpayer status) were independently documented and verifiable, States in 1789 did not generally “register” voters . . . Over time, States replaced their informal systems for determining eligibility, with more formalized pre-voting registration regimes. . . But modern voter registration serves the same basic purpose as the practices used by States in the Colonies and early Federal Republic. The fact that States have liberalized voting qualifications and streamlined the verification process through registration does not alter the basic fact that States possess broad authority to set voter qualifications and to verify that they are met.” [italics added].

10 In the Supreme Court’s majority opinion [link], Scalia mentioned (4th para down from top) that Arizona’s Proposition 200 also required voters “to present identification when they vote on election day”; but he did not grace us with an answer as to whether States may require voters to prove that they are who they say they are when they show up to vote.

11 As Alexander Hamilton points out in Federalist No. 78, the Judicial Branch is the weakest branch. All they can do is issue orders and judgments – they can’t enforce their orders and judgments. They must rely on the Executive Branch to carry them out:

“… the judiciary… will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” [caps are Hamilton’s; italics added]

February 27, 2020 Posted by | Arizona Lawsuit, Arizona's Proposition 200, National Voter Registration Act, Nullification, Voter eligibility, Voter Qualifications | , , , , | 16 Comments

“Monumental” speech against an Article V convention

Here is the Exhibit List (with Links) to the Documents referenced in the speech [link].

Please note that I prove what I say.

The convention lobby is not telling the Truth. Click on the link to the Exhibit List, and read the flyers listed at the top. Those flyers address specific falsehoods the convention lobby is telling. The convention lobby has been getting away with the lies because people are generally gullible and believe whatever they are told, instead of using their own heads and looking at the original source documents.

The convention lobby never proves a thing they say. They can’t prove it because what they say is false – they make it up!      But it sounds so good … and thus gullible and unthinking people lap it up.  The convention lobby tells them that our  Constitution is the cause of all our problems, and thus allows Americans to indulge in one of their favorite sins:  blame-shifting The Truth is that our political problems are caused by our own failures to learn and enforce and obey the glorious Constitution we already have.  And State and local governments take every federal dollar they can get – never mind that the federal programs for which the federal money is sent into the States are unconstitutional.  The State and local governments literally sold our retained powers to the federal government.

We can’t solve our political problems until we are willing to be honest about the causes of those problems.

 

 

February 20, 2020 Posted by | Article V, Article V Convention, constitutional convention, convention lobby, Convention of States project | , , , , | 11 Comments

Model Right to Keep and Bear Arms Resolution for Counties

This Resolution was written for Virginia Counties and quotes from Virginia’s State Constitution.

I changed the title to be consistent with the Principle that the Right has a transcendent origin which pre-exists and pre-dates our Constitution.

If you would like me to address your State Constitution, email me at publiushuldah@gmail.com

Please note:  I reason from First Principles set forth in our two Founding Documents.

*     *     *

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; and that among these Rights is the Right of self-defense; and

WHEREAS, our Declaration of Independence recognizes 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 any power whatsoever over the Country at Large to restrict our arms; and

WHEREAS, the Second Amendment of the Constitution of the United States acknowledges: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”; and

WHEREAS, Article I, §13 of the Constitution of the State of Virginia acknowledges: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed;…”

NOW THEREFOR, BE IT RESOLVED:

1. That all federal laws, regulations, judicial opinions, and other edicts for the Country at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as outside the scope of powers granted to the federal government in the Constitution of the United States; and as in violation of the Second Amendment; and

2. That all State laws, regulations, judicial opinions, and other edicts purporting to apply to the State at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as in violation of Article I, §8, clauses 15 and 16 of the Constitution of the United States [those clauses permitting the Congress to require Citizens of the States to be armed and trained]; as in violation of the Second Amendment of the Constitution of the United States; and as in violation of Article I, §13 of the Constitution of the State of Virginia.

AND BE IT FURTHER RESOLVED by the _____________ County Board of Supervisors that the Board intends to vigorously uphold the Right of the Citizens to be armed; and in addition thereto intends at subsequent times and dates to adopt the following measures:

1. Funding for weapons training for Citizens residing in this County, including firearms safety training in ______________ County public schools;

2. Provisions to eliminate funding for enforcement of any pretended laws, regulations, judicial opinions, or other edicts which violate our Declaration of Independence and any of the above-described federal or state constitutional provisions; and

3. Other provisions as the Board may deem necessary or appropriate for the purposes stated above.

It is so RESOLVED, this ________ day of _____________, 2020.

Signatures, etc.

Notes:

1. The use of the term, “for the Country at Large”, with respect to federal edicts; and “to the State at Large”, with respect to State edicts, is not accidental.

While our US Constitution delegates only “enumerated powers” to Congress over the Country at Large; it delegates “general legislative powers” to Congress over the federal enclaves listed at Article I, §8, cl. 17. The exercise by Congress of its legislative powers over the federal enclaves is restricted by the “Bill of Rights”, including the Second Amendment.  So while Congress is prohibited from making for these federal enclaves, any laws which infringe the Right of The People “to keep and bear Arms”; Congress may properly require individuals visiting inmates in federal prisons, the psych ward of military hospitals, the mint, federal courthouses, and other such federal enclaves, to leave their arms in their vehicles.

In stark contrast with the federal Constitution, State Constitutions typically [and foolishly] grant “general legislative powers” over the State at Large to the State legislature. The exercise of these general legislative powers is restricted only by the Declaration of Rights in the State Constitution [as well as by contradictory provisions in the US Constitution].

So while State Legislatures are prohibited from infringing the Rights of Citizens to keep and bear arms throughout the State at Large; State Legislatures may properly require individuals visiting inmates in State or County prisons or jails, County or State courthouses, and such like, to leave their arms in their vehicles.

2. And remember!  That any provision in any State Constitution which purports to disarm the Citizens of the State would be unconstitutional as in violation of the Second Amendment, and as in violation of Article I, §8, clauses 15 & 16, US Constit., which provide for the organizing, arming and training of the Militia.  Since Congress has the power to require Citizens to be armed and trained [and Congress exercised that power when it passed the Militia Act of 1792 link], any provision in any State Constitution [or State statute] which interferes with such power is unconstitutional within the meaning of the Supremacy Clause (Art. VI, cl. 2, US Constit.).

3.  And here are Michael Boldin’s (Tenth Amendment Center) kind words on this Resolution:  https://www.youtube.com/watch?v=DsLWuAIXAPA  Thank you, Michael!

revised Jan. 29-30, 2020

 

January 28, 2020 Posted by | 2nd Amendment, armed citizens, gun control, Red Flag Laws, Second Amendment Resolutions | , , , , , | 18 Comments

USMCA “Trade Agreement”, the North American Union, an Article V convention, and Red Flag Laws: Connecting the Dots

By Publius Huldah

The Globalists have long been in the process of setting up a dictatorial and totalitarian oligarchy over the United States. Now they are putting the last pieces in place. That is what is behind the pushes for the USMCA “Trade Agreement”, an Article V convention, and red-flag and other laws to disarm the American People: The Globalists want to move the United States into the North American Union.

USMCA “Trade Agreement”

The USMCA “Trade Agreement” is, in reality, a Transfer of Sovereignty Agreement. It provides for the economic and financial integration of Canada, the United States, and Mexico. In addition to putting the three countries under global regulation of a host of issues such as patents, environmental regulation, labor, immigration policy, prohibition of discriminatory practices respecting sexual preferences and “gender identity” in the workplaces; 1 it puts the International Monetary Fund (IMF) in control of our economy and binds us to submit to an international monetary system which is to be administered and enforced (at least initially) by the IMF and which will replace our collapsing Federal Reserve system.2

Every word, clause, sentence, paragraph, page, chapter, and appendix of the USMCA “Trade Agreement” is in blatant violation of our Declaration of Independence and Constitution.

North American Union

The North American Union brings about the political integration of Canada, the United States, and MexicoThe Task Force Report on Building a North American Community [link] sponsored by The Council on Foreign Relations provides for (among other horrors):

♦  increasing the “cooperation and interoperability among and between the law enforcement agencies and militaries.” The Report thus indicates that the plan is to combine the functions of law enforcement and the militaries of the three countries, so as to create a militarized police force consisting of Canadians, Mexicans, and Americans (pages 10-12).3

♦  a North American Advisory Council, with members appointed by Canada, the United States, and Mexico, to staggered multiyear terms to “provide a public voice for North America”; and a “North American Inter-Parliamentary Group” which will have bilateral meetings every other year; and a trinational interparliamentary group to meet in the alternating year (pages 31-32).

To merge the functions of our police and military and combine it with those of Canada and Mexico; 4 and to permit a Parliament to be set up over and above the United States, is altogether repugnant to our existing Constitution. But this is what the Globalists and the Political Elite of both parties want. Before they can impose it on us, they need to get a new Constitution for the United States.

An Article V Convention

And that’s the purpose of an Article V convention – to get a new constitution for this Country which legalizes the USMCA “Trade Agreement” and transforms the United States from a sovereign nation to a member state of the North American Union.

But Americans don’t want another constitution, and they don’t want to be moved into the North American Union.

So!  Some of those pushing for an Article V convention, such as the “Convention of States Project” (COS) are marketing a convention to appeal to conservatives. COS and their allies such as Mark Levin claim to be for limited government and say they want a convention to get amendments to “limit the power and jurisdiction of the federal government”. Sadly, those who don’t know that our Constitution already limits the power and jurisdiction of the federal government to a tiny handful of enumerated powers [they are listed on this one page Chart] fall for the marketing.5

But others of those pushing for an Article V convention, and certainly those financing the push for a convention, 6 actually do intend to “limit the power and jurisdiction of the federal government”; and they intend to do it by transferring the powers our Constitution delegates to the federal government (plus the powers reserved to the States or the People) to the global government which they are setting up over us.7

This Flyer shows why Delegates to an Article V convention (called for the ostensible purpose of proposing amendments to our existing Constitution) have the right and power to ignore their instructions and impose a new Constitution which puts us under a completely new Form of government – such as the North American Union.

Red flag Laws & Gun Confiscation

When Americans finally see what has been done and how they have been deceived, they will be angry. That’s why they must be disarmed now. But all federal gun control laws for the Country at Large are unconstitutional as outside the scope of powers granted to Congress; as in violation of Article I, §8, clauses 15 & 16; and as in violation of the Second Amendment. And any pretended State law which contradicts its State Constitution or which interferes with Congress’ power (granted by Art. I, §8, cl. 16) to “organize, arm, and discipline, the Militia”, is also unconstitutional [link].

Red flag laws also violate the privileges and immunities clause of Article IV, §2; and the due process clauses of the 5th Amendment and §1 of the 14th Amendment. US Senator Marco Rubio’s (Fla.) malignant red flag law [link] appropriates a total of $100 Million to pay to States and Indian Tribes which pass the red flag legislation set forth in Rubio’s bill.

And Trump says respecting red flag laws, “Take the guns first, go through due process second.” [link].

Stop the Globalists: Oppose the USMCA “Trade Agreement” and an Article V Convention

While the Trump Administration hammers the Globalists’ nails into our coffin, his trusting supporters censor criticism of the USMCA “Trade Agreement” – even though the Agreement is so long and incorporates so many other Agreements it is unlikely that any of them (including Trump) have read it.

And demagogues in the pay of Globalists have convinced constitutionally illiterate Americans that the solution to all our problems is to get an Article V convention.

Endnotes:

1 Christian Gomez: USMCA and the Quest for a North American Union & What’s Really in the USMCA? Publius Huldah: The USMCA “Trade Agreement” violates our Constitution and sets up Global Government.

2 Publius Huldah: So You Think Trump Wants To Get Rid Of The Fed?

3 Meanwhile, the UN is building a global military & police force. See “United Nations Peacekeeping” [link] and think of the ramifications of such a militarized global police force. Who will be able to resist?

4 Mexico’s culture is notoriously criminal. If we permit Globalists to get an Article V convention and a new Constitution which moves the United States into the North American Union, you can expect to see militarized Mexican police operating within our [former] Country. And soon, they will be wearing blue helmets.

5 It is possible that Mark Levin and the hirelings promoting a convention (such as Mark Meckler, 6 Tom Coburn [link], and Jim DeMint [link]) don’t know what the actual agenda is. And it is almost certain that COS’s constitutionally illiterate celebrity endorsers and lemmings don’t know. People who don’t know that our Constitution already limits the federal government to a tiny handful of enumerated powers, and that our problems are caused by ignoring the Constitution we have, are easily deceived by the ridiculous claim that we must amend our Constitution to make the federal government obey it.

Our Framers always understood that the purpose of an Article V Convention is to get a new Constitution [link]. This is why James Madison, Alexander Hamilton, and four US Supreme Court Justices, among others, warned against it [link].

6 It is the Globalists, primarily the Kochs and George Soros, who are funding the push for an Article V convention. See, e.g.,

♦  Kochs Bankroll Move to Rewrite the Constitution [link].

♦  George Soros assault on U.S. Constitution [link]

♦  Mark Meckler is president of “Citizens for Self-Governance” which launched the “Convention of States Project”. This website discusses funding for Citizens for Self-Governance.

♦ Koch brothers from Conservapedia [link]

7 The transfer of power from our federal government to global government by means of the USMCA “Trade Agreement” is illustrated here.  Additional powers will be transferred by the new constitution which moves us into the North American Union.

December 13, 2019 Posted by | Article V Convention, Christian Gomez, constitutional convention, convention lobby, Convention of States project, Council on Foreign Relations, Donald Trump, George Soros, Globalism, gun control, International Monetary Fund (IMF), Jim DeMint, Koch Brothers, Mark Levin, Mark Meckler, North American Union, Red Flag Laws, Task Force Report on Building a North American Community, Tom Coburn, USMCA Trade Agreement | , , , , , , , , , , , , , , , , , , , | 16 Comments

Alan Keyes and Publius Huldah connect the dots behind the push for an Article V convention

Listen and learn the connection between the USMCA “Trade Agreement”, the North American Union, an Article V Convention, and red flag gun confiscation laws. There is a coordinated plan to take our Constitution away from us. But you can help stop the Globalists.

December 5, 2019 Posted by | Alan Keyes, Article V Convention, Convention of States project, Council on Foreign Relations, Globalism, gun control, IAMtv, North American Union, Publius Huldah, Red Flag Laws, USMCA Trade Agreement | , , , , , , , , , , | 5 Comments

Clearing up the confusion about Marbury v. Madison

By Publius Huldah

It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional.

What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the land and (b) judicial officers (among others) are under Oath to support the Constitution.

So what are the logical implications of the foregoing? That when an act of Congress violates the Constitution, and the issue is brought before a court in a lawsuit, it is the sworn duty of the Court to side with the Constitution and against Congress.

Let me give an illustration: Say Congress passes a law requiring all Jews to wear yellow armbands with the Star of David in black, and requiring all Christians to wear white armbands with the cross in black. And Congress makes it a felony for a Jew or Christian to leave their homes without wearing the arm bands. You – a Jew or Christian – go outside without wearing your armband and are arrested and charged with a felony.

If I am your defense counsel [I got my start as a criminal defense attorney and won almost all of my cases, so you would be in REALLY good hands!], the first thing I will do is to file a motion to dismiss the charge against you on the ground that the statute under which you are charged is unconstitutional as outside the scope of the powers granted to Congress AND as in violation of the First Amendment.

What do you want the Court to do? Do you want them to side with the Constitution? Or do you want them to side with Congress?

In Marbury v. Madison (1803), the Court said when an act of Congress violates the Constitution, the Court must side with the Constitution and against Congress. They were right! That is the Judicial Branch’s “check” on the Legislative Branch.

The Legislative Branch’s “check” on the Judicial Branch is to impeach and remove from office federal judges who violate the Constitution (see e.g., Federalist No. 81 (8th para).

The Executive Branch’s “check” on the Judicial Branch is to refuse to enforce their Orders and Judgments (see e.g., Federalist No. 78 (6th para).

The Executive Branch’s “check” on the Legislative Branch is to refuse to enforce their unconstitutional statutes.  So if Congress passed the armband law, it is the sworn Duty of the President, mindful of his Oath of Office to “preserve, protect and defend the Constitution”, to issue an Executive Order instructing the Attorney General, the United States Attorneys, and the US Department of Justice, that they are NOT TO ENFORCE the armband law. The President doesn’t need a “green light” from the Judicial Branch!  The Executive Branch has its own “check” against unconstitutional acts of Congress.

Our Constitution is an elegant piece of work.  Have you read it?

revised Jan. 9, 2020

November 7, 2019 Posted by | Checks and Balances, Jucicial Review, Marbury v. Madison, Oath of Office | , , , | 22 Comments

Wolf PAC’s Application (supposedly for “fair and free elections”) for an Article V Convention

By Publius Huldah

The ostensible purpose of Wolf PAC’s proposed amendment to the US Constitution is to circumvent or repeal the US Supreme Court’s opinion in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). The proposed amendment would permit the federal government to restrict political speech and campaign contributions by corporations. Such a proposed amendment would be a major step in eliminating free speech and the private use of money in this country.

1. The federal government does not now have the constitutional authority over the country at large to restrict any form of speech, to restrict campaign contributions, or to limit the spending of money. These are not enumerated powers delegated to the federal government. Furthermore, the exercise of such powers is expressly forbidden by the First Amendment. 1

2. The effect of the Wolf PAC amendment would be to increase the powers of the federal government over The People by delegating to the federal government the power to prevent or restrict certain groups and combinations of people from speaking in the public square on the critically important area of political speech. And we won’t find out, until the amendment is drafted  and then construed (and re-construed from time to time) by the federal courts, which groups or combinations of people will be allowed to speak out on political issues and donate money to the causes or candidates they support; and which groups or combinations of people will be prohibited from doing the same.

3. Our problem isn’t that corporations donate money to political campaigns – our problem is that everyone ignores the Constitution. How many of us know the enumerated powers delegated to the federal government? How many know that our Constitution created a federal government of enumerated powers only? If “We the People” had demanded that Congress restrict itself to the enumerated powers, no one would want to spend large sums to influence federal legislation. Who would pay large sums of money to influence Congress’s laws respecting the Bankruptcy Code (Art. I, §8, cl. 4); the patent and copyright office (Art. I, §8, cl. 8); and the standard of Weights and Measures (Art. I, § 8, cl. 5)?!

4. Our federal government is corrupt because it exercises thousands of usurped powers – and special interest groups pay large sums to get unconstitutional legislation favorable to them passed; and legislation unfavorable to them killed.

5. Finally, nothing in Article V, US Constitution, permits the federal or State governments to control the Delegates to an Article V convention. As Sovereign Representatives of “We the People,” the Delegates have the power to do whatever they want, including proposing a new Constitution with a new mode of ratification. Our Declaration of Independence recognizes the “self-evident Right” of a people to throw off one government and set up a new one.

As this Rescission flyer shows, it is the globalists who are financing the push for an Article V convention. They use “hooks” – proposed amendments which sound so nice on the surface, such as “term limits”, “getting money out of politics”, a “balanced budget amendment”, “regulation freedom” amendment, amendments to “limit the power and jurisdiction of the federal government”, etc. – but it’s bait designed to appeal to specific groups of people to get them to support an Article V convention.

And the reason they want an Article V convention is to get a new Constitution for this Country.

Endnote:

1 To the extent that Congress and the federal courts have in the past restricted such speech and contributions, their acts have been unconstitutional as outside the scope of powers delegated by our Constitution, and as in violation of the First Amendment.

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November 1, 2019 Posted by | Article V Convention, Citizens United v. Federal Elections Commission, free and fair elections, Free Speech, Wolf-PAC | , , , , | 12 Comments

So you think Trump wants to get rid of the Fed?

By Publius Huldah

Yes he does. The Federal Reserve System is collapsing due to the inherent instability of a monetary system, not based on gold & silver, but on the Fed’s “right” to create “money” out of thin air 1 which it then lends to the US Treasury (and is added to the national debt), 2 in order to fund the federal government’s massive, grotesquely unconstitutional, and out of control spending.

This process of allowing the Fed to create “money” out of thin air with nothing behind it has been going on since 1933, when the promise (set forth in §16 of the Federal Reserve Act of 1913) to redeem Federal Reserve Notes in gold was revoked as to domestic holders; 3 and culminated during 1971, when redemption of the Notes in gold to international holders was also suspended.4

Once the statutory promise to back Federal Reserve Notes with gold was rescinded, the sky was the limit on how much fiat “money” the Fed could create, lend to the US Treasury (and be added to the national debt), in order to fund still more massive, grotesquely unconstitutional, and out of control spending by the federal government.

Now we have reached the point where the federal deficits are so huge and increasing at such a furious pace that our entire fiat “money” financial system is coming apart. 5

So what are we going to do about it? Does Trump want to get rid of the Fed so we can return to the constitutional money system described in Point 2 below?

Trump may say that he wants to return to the gold standard; 6 but the USMCA “Trade Agreement” he signed doesn’t do that. The Globalists’ Plan, which is advanced by USMCA, is to ratchet up the fiat “money” system created by the Federal Reserve Act of 1913, from a national to a global level with a central bank and the International Monetary Fund (IMF) managing and enforcing an international monetary system. And as Edwin Vieira, Ph.D., J.D., warned 8 years ago [here]:

“The true perversity of the present situation lies in the indication … that [a] scheme for a new supra-national monetary order will be sold to a doubting world by attaching some sort of “gold standard” to it….”

1. The IMF and the international fiat “money” system

The IMF is an institution in the United Nations system.

The IMF has already created (it was done during 1969), out of thin air, an international fiat currency called “special drawing right” (SDR). The stated purpose of SDRs was to increase liquidity in settling international accounts by making short term loans to member countries to cover their balance of payments, and other temporary financial problems.

USMCA Art. 33.1 shows that the IMF is to monitor our compliance with the IMF’s Articles of Agreement (please let that sink in).

◊ Article III of the IMF Articles of Agreement provides that the IMF assigns “quotas” to members [that would include the United States], representing the amount the member must pay into the IMF [members may pay their “subscriptions” using their own unbacked currencies]; and in exchange, they get an equivalent amount of SDRs [also unbacked by any precious metal] issued by the IMF.

◊ Article IV, Sections 1-3 of the IMF Articles of Agreement provide that the IMF is to manage the development of an international monetary system [to which we shall be subject]; and is to oversee the member countries’ [that includes the United States] underlying economic and financial conditions and policies in order to promote “sound economic growth” and “financial and economic stability”. I.e., the IMF is going to manage our economy.

USMCA Chapter 17. Financial Services harmonizes the Banking, Insurance, and Investment Practices of Canada, the United States, and Mexico. This harmonization removes previously existing barriers to global regulation of those areas and to merging regional currencies into a global currency. 7

As anyone who reads USMCA can see, the purpose of USMCA is to remove barriers to global regulation of all the areas covered by USMCA, and to advance development of a new global “money” system which will replace our collapsing Federal Reserve System.

Look at the Table of Contents for USMCA: All those areas: agriculture, textiles and apparel goods, customs administration, sanitary and phytosanitary measures, telecommunications, intellectual property (patents), labor (which includes immigration and gender & sexual orientation discrimination in the workplace), the environment, etc., are to be made subject to global regulation.

And we exchange our fiat “money” for the IMF’s fiat “money”; the United States loses control over our monetary system; and the IMF, instead of the Fed, will manage the new monetary system – and our economy.

Trump may give grand speeches before the United Nations saying he opposes globalism and supports nationalism, but the USMCA “Trade Agreement” he signed moves us into global government. 8

And the claim that USMCA is about getting favorable tariff agreements for the United States is the Biggest Lie since the Garden of Eden.

2. What our Constitution provides about money

Our Framers created a Constitution which delegates only “few and defined” powers to the federal government. This one page chart lists those powers.

Accordingly, except for national defense, our federal government doesn’t need much money to fund its constitutional powers. So our Framers created a taxing system wherein the funds needed to operate the federal government were raised by the import tariffs and excise taxes authorized at Article I, §8, cl. 1, and by the apportioned direct assessments on the States authorized at Article I, §2, cl. 3. 9

Congress is also authorized at Article I, §8, cl. 2, to borrow money on the credit of the United States; but our Framers intended borrowing money to be restricted to funding national defense. 10

Our Framers also established a money system based on gold & silver:

◊ Article I, §8, cl. 5: “The Congress shall have Power …To coin Money, regulate the Value thereof, and of foreign Coin,…”

◊ Article I, §10, cl. 1: “No State shall … coin Money; emit Bills of Credit 11; make any Thing but gold and silver Coin a Tender in Payment of Debts;”

Accordingly, during 1792, Congress passed an Act establishing a mint and set the standards for the amounts of gold and silver in our coins. Congress took so seriously the purity of our coins that §19 of the Act provided the death penalty for debasement of coins. During 1793, Congress passed an Act regulating the value of foreign coins.

A money system based on gold & silver and a limited taxing system were perfect for a federal government of “few and defined” powers. Furthermore, such systems – if adhered to – would have prevented the emergence of the totalitarian socialist regulatory welfare state we have today.

3. Why the Federal Reserve System was established

“…A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project…” James Madison, Federalist No. 10.

Why does Madison refer to paper money as an “improper or wicked project”? Because, among other evils, paper money provides governments with access to unlimited amounts of credit – and that is what was needed to finance the totalitarian socialist regulatory welfare state we have today.

When the Progressives 12 took over our Country during the early 1900s, they needed lots of “money” to fund their unconstitutional regulatory and “welfare” schemes. But the federal government didn’t have enough gold and silver coins to fund the regulatory welfare state they wanted. So the Federal Reserve System was created in 1913 to set up a central bank – the “Fed” – which (thanks to fractional reserve banking) would have the power to supply the federal government with the “money” it wanted. 13

So it was access to this credit which enabled the federal government to exceed its constitutional limits.

With this easy credit, the federal government was enabled to “buy” the States by giving them fiat “money” to implement unconstitutional federal programs: State governments literally sold the retained powers of the States and the People to the federal government. A particularly malignant example is U.S. Senator Marco Rubio’s “Extreme Risk Protection Order and Violence Prevention Act of 2019” (“red flag” law), which appropriates $20 Million for each of FY 2019-2023 to pay to States and Indian Tribes which pass the “red flag” legislation set forth in Rubio’s bill. If a Respondent, whose arms have been taken from him in an ex parte hearing [i.e., a hearing Respondent wasn’t notified about until after the Order had been issued to seize his arms], wants his arms back, he must prove, by clear and convincing evidence, that he does NOT pose a significant danger of causing personal injury to himself or others by having arms in his possession.

Rubio’s bill puts the burden of proof on the Respondent. For eons in Anglo/American Jurisprudence, it has been the task of the government to PROVE GUILT. But Rubio would reverse that and require Respondents to PROVE THEIR INNOCENCE. This is evil.

Rubio’s bill is also unconstitutional as outside the scope of powers delegated to the federal government; and it violates the “Privileges and Immunities clause of Article IV, §2; violates the 2nd Amendment; and violates the “due process” clauses of the 5th Amendment and §1 of the 14th Amendment.

How many States and Indian Tribes will surrender their Citizen’s Right to THE PRESUMPTION OF INNOCENCE by passing Rubio’s “red flag” law in order to get the “money” from the fed gov’t? 14

If we had preserved the monetary system set up by our Constitution, the federal government wouldn’t have been able to become the totalitarian monster it is today. If you want a limited government, don’t give it unlimited “money”.

4. What States can do

In Part 4 of his “A CROSS OF GOLD” series at sub point [3] and in Part 5, Dr. Edwin Vieira shows how States can protect their Citizens from disaster by setting up an alternative gold currency.

The Tenth Amendment Center has model legislation for States to take some steps in the right direction: See THIS under the heading, “End the Fed from the Bottom Up”.

Open your eyes, Americans. Time is running out.

Update:  As of March 26, 2020, the fed no longer requires depository institutions to maintain ANY reserves:  https://www.federalreserve.gov/monetarypolicy/reservereq.htm

Endnotes:

1 See excerpt from testimony before Congress on Sep. 30, 1941 by the then Governor of the Fed.

2 Robert P. Murphy, Is Our Money Based on Debt?

3 HERE is the Federal Reserve Act of 1913. §16 promised redemption of the Federal Reserve Notes in gold. During 1935, §16 was amended to remove that promise: HERE is the amendment, codified as 12 USC §411.

4 See 31 USC §5118.

5 The Fed Has Lost Control

6 The quiet campaign to reinstate the gold standard is getting louder

7 See Joan Veon HERE:

“Globalization is the process of breaking through the protective barriers designed to separate the nation-states from the world system. Between 1944 and 2008 [Bretton Woods I & Bretton Woods II] all the nation-state barriers have been removed with exception of the national regulatory laws governing financial institutions, insurance companies, mortgages, and Wall Street. The real purpose of BWII is to establish the framework for a global regulatory system. This also presents the possibility of merging all regional currencies into a global currency.” [italics added] You can also see her video HERE.

8 See: USMCA and the Quest for a North American Union and The USMCA “Trade Agreement” violates our Constitution and sets up Global Government.

9 HERE is the Act of 1813 where Congress laid a direct tax of $3 Million upon the United States. It shows how Congress apportioned the tax (based on population) as required by Art. I, Sec. 2, cl. 3. (See page 93 of the linked pdf edition.)

10 In Federalist No. 41 (5th para up from bottom), Madison says:

“The power of levying and borrowing money, being the sinew of that which is to be exerted in the national defense, is properly thrown into the same class with it. This power, also, has been examined already with much attention, and has, I trust, been clearly shown to be necessary, both in the extent and form given to it by the Constitution. …”

11 Congress is not authorized to create paper money. In “A CROSS OF GOLD”, Dr. Edwin Vieira says:

[at Part 2]: “…America’s Founding Fathers, realists all, denominated redeemable paper currency as “bills of credit”. They knew that such bills’ values in gold or silver always depended upon the issuers’ credit—that is, ultimately, the issuers’ honesty and ability to manage their financial affairs.…” [boldface added]

[at Part 3]: “…every form of “redeemable currency” put out through the Federal Reserve System is, by definition, a governmental “bill of credit”, which Congress has no authority to emit, directly or indirectly.” [boldface added]

When, in 1933, the promise to redeem Federal Reserve Notes in gold was repudiated, the federal government dishonored their “bills of credit”. We should have listened to our Founding Fathers.

12 In the 1880s, the Fabian Society was founded in England. Fabians advocate a gradual transition to socialism [as opposed to violent revolution]. They also hold that the elite – and they are the elite – should run everything [as opposed to the Dictatorship of the Proletariat.] In the early 1900s, Fabians took over our Country – here they went by the name, “Progressives”. Teddy Roosevelt & Woodrow Wilson were Progressives; and the Fabian socialist ideology has dominated our Country ever since.

13 For an education in the basics of the Fed, fractional reserve banking, and the creation of “money”, see Robert P. Murphy’s article at endnotes 1 & 2; and Dr. Edwin Vieira’s fascinating explanations of these issues in his “A CROSS OF GOLD” series HERE. Dr. Vieira also shows why we must not accept a new global fiat currency and central bank to replace the collapsing Federal Reserve System.

14 And all that money used to bribe States and Indian Tribes to pass Rubio’s “red flag” law, will be added to the national debt.

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October 6, 2019 Posted by | Edwin Vieira, Federal Reserve Act of 1913, Globalism, gun control, IMF Articles of Agreement, International Monetary Fund, Marco Rubio, Red Flag Laws, The Fed, United Nations, USMCA Trade Agreement | , , , , , , , , , , , , , , , , | 28 Comments

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