Publius-Huldah's Blog

Understanding the Constitution

How our Federal Constitution “Secures” our God Given Rights

By Publius Huldah

Our Declaration of Independence says the Creator God endowed us with Rights, and that the purpose of government is to “secure” the Rights God gave us.

What does this mean? How does a government go about “securing” God given rights?

I will show you.

The miracle of our federal Constitution was that it created a federal government which, by means of exercising the enumerated powers listed in the Constitution, was enabled to “secure” our God given Rights in specific ways.

It isn’t the federal government’s job to secure our God given Rights in all ways, just in the ways appropriate for the national government of a Federation.  Our Rights are to be secured in other ways by State governments. 1

The federal government is supposed to secure our right to life by:

  • Military defense (Art. I, § 8, cl. 11-16);
  • Laws against piracy and other felonies on the high seas (Art. I, § 8, cl. 10);
  • Prosecuting traitors (Art III, § 3);
  • Protecting us from invasion (Art IV, § 4); &
  • Restricting immigration (Art. I, § 9, cl. 1).

It is supposed to secure our property rights by:

  • Establishing a money system based on gold & silver and by establishing uniform weights & measures (Art I, § 8, cl 5);
  • Punishing counterfeiters (Art I, § 8, cl 6);
  • Establishing bankruptcy courts (Art I, § 8, cl 4);
  • Issuing patents & copyrights (Art I, § 8, cl 8); and by
  • Regulating trade & commerce so we can produce, sell, & prosper (Art. I, § 8, cl.3). The original intent of the interstate commerce clause was to prohibit the States from imposing taxes & tariffs on articles of commerce as they were transported thru the States for purposes of buying & selling. Go HERE for the Proof.

And it is supposed to secure our right to liberty by:

  • Laws against slavery (13th Amendment); 2
  • Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and by
  • Obeying the Constitution! The reason our Constitution so strictly limits and enumerates the powers of the federal government is to secure our basic right to be left alone to live our lives free from meddlesome and interfering do-gooders, tyrants, bullies & thieves.

So!  THIS is how our federal Constitution implements that glorious Founding Principle that the purpose of government is to secure Rights God gave us – and I just listed for you most of the enumerated powers!

By exercising these enumerated powers, the federal government protects us from those who seek to take our Rights from us.

The federal government is never supposed to “secure” our Right to Life by giving us what we need to live. That could not be for it would require the federal government to take other peoples’ God given Property Rights away from them.

When a government secures God given Rights by protecting us from those who seek to take our rights away, we are never put in conflict with each other, because no one has his hand in anyone else’s pocket.

THIS is why our Declaration of Independence and Constitution were a Miracle.

But we abandoned this Miracle long ago when we let the federal government pervert our Constitution and abuse its power in order to benefit some at the expense of others. This is what turned us against each other.

So, what should we do?

Reclaim and Restore the Constitution our Framers gave us!

This is how we do it:

Learn the above; spread the word; and stop electing candidates who don’t know the lists of enumerated powers and who don’t sign an oath that they will obey. Hold candidate exams and test the candidates! Grill them!  Make them sweat.

Look for candidates who are willing to employ beneficial methods of financing 3 such grossly unconstitutional (and fiscally & morally destructive) programs as social security and Medicare as they are gradually phased out of existence.

Learn HERE about the remedy our Framers actually advised when the federal government usurps powers: Don’t comply – resist – nullify!

Beware of those Pushing for a Convention.

I have already shown – most recently HERE – that what these demagogues are saying is not true; and that the real purpose of a convention is the imposition of a new constitution.

Endnotes:

1 State governments are to secure our God given Rights in other ways: E.g., they secure our right to life by prosecuting murderers, drunk drivers, and outlawing abortion & euthanasia; they secure our rights to our own persons by prosecuting rapists & kidnappers; and they secure our property rights by prosecuting robbers, thieves & defrauders. They provide courts for peaceful resolution of private civil disputes.

2 Our Declaration of Independence states, as one of our Founding Principles, that “all men are created equal”. We were faithful to this Principle when we outlawed titles of nobility (Article I, §§ 9 & 10). But we violated this Principle when we permitted hereditary black slavery to continue.

3 E.g., vast holdings of unconstitutionally held federal lands could be sold to fund social security & Medicare as they are phased out of existence. PH

 

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

December 1, 2014 - Posted by | Declaration of Independence, Rights, secure these rights | , ,

22 Comments »

  1. […] Our Rights Come from God, the Constitution, the Supreme Court, or Congress? and How our Federal Constitution “Secures” our God Given Rights (publiushuldah.wordpress.com): blog posts written by a lawyer who is a Constitutional […]

    Like

    Pingback by WHY WE DON’T CARE ABOUT THE PROTECTION OF OUR RIGHTS — PART 2 – Citizen Tom | August 27, 2016 | Reply

  2. […] Publius Huldah, a nationally known Constitutional lawyer, will speak on the deadly danger of an Article V convention, and of the two remedies our Framers actually told us to use when the national government usurps power. The events are: […]

    Like

    Pingback by Publius Huldah to Talk About Dangers of Article V Convention | USA NEWS FIRST | May 8, 2015 | Reply

  3. […] cooperation with Publius Huldah, I have put together a series of slides written by Publius Huldah in the hope that they will be […]

    Like

    Pingback by How our Federal Constitution Secures our Unalienable Rights | Exposing Modern Mugwumps | April 2, 2015 | Reply

  4. […] cooperation with Publius Huldah, I have put together a series of slides written by Publius Huldah in the hope that they will be […]

    Like

    Pingback by How Our Federal Constitution ‘Secures’ Our Unalienable Rights – See more at: http://www.therightplanet.com/2015/03/how-our-federal-constitution-secures-our-unalienable-rights/#sthash.krpUx1br.dpuf | Exposing Modern Mugwumps | April 2, 2015 | Reply

  5. […] cooperation with Publius Huldah, I have put together a series of slides written by Publius Huldah in the hope that they will be […]

    Like

    Pingback by How Our Federal Constitution ‘Secures’ Our Unalienable Rights | NoisyRoom.net | March 22, 2015 | Reply

  6. […] cooperation with Publius Huldah, I have put together a series of slides written by Publius Huldah in the hope that they will be […]

    Like

    Pingback by How Our Federal Constitution ‘Secures’ Our Unalienable Rights | therightplanet.com | March 21, 2015 | Reply

  7. Virtue is defined via principle, and adherence thereto. Deviation from principle led us to the situation we’re in today, largely from transient causes. We become embroiled in the fears and enflamed in the desires of the day, and transmit that fear and demand for action to congress.
    The federalist 44 talked about such laws… as bills of attainder, ex post facto laws, or laws interfering with contracts as ‘contrary to the first principles of the social compact, and to every principle of sound legislation.’
    http://www.constitution.org/fed/federa44.htm
    Even stare decisis was limited in application to those things which worked within principle. (http://www.constitution.org/bouv/bouvier_s.htm ) and were the earlier decisions were contrary to the principles of sound government, they were void.
    Principle is a heavy burden. It restrains acts, it makes things more difficult, and requires us to adhere to it strongly or it will slip away. It’s easier to set the restrictions aside for an emergency, but that is when the adherence is most important.
    It is easy for men to believe in the rights of others when all is at peace, much harder when the threats and imaginary hobgoblins knock upon the door in the night. However, when we do not respect the rights, and immunities of others, how can we ask that our own be respected?
    Though the government was established in compromises, principles defy compromise. A compromise in principle destroys it. It ends up defined and redefined out of existence.
    Technology changes, people change, religion changes, but principles of fairness, equality, respect for the humanity and property and lives of others can’t, without rendering us helpless against the wolves that lie dormant within each of us.

    Like

    Comment by petitionandremonstrance | December 5, 2014 | Reply

    • I would just say one thing: I find that uncompromising adherence to Principles makes life easier and less stressful. We don’t have to debate issues with ourselves. We don’t have to hesitate. We just do what is right, let the chips fall where they may. And it is also what makes us strong. We don’t waver – we don’t flinch. We do what we have to do and we are confident. No guilt. No remorse.

      Like

      Comment by Publius Huldah | December 5, 2014 | Reply

      • Exactly. Principles come in from truth. They ring true, even if difficult. As you’ve said before, they accompany a paradigm shift, out of the darkness illuminating new truths.
        That is the trial of conscience, ultimately. To find, and adhere to those principles, to find the ones that preserve the same rights to others, and to leave them intact for posterity.
        Equal law for all was the foundation of our nation… for the tired, the poor, and the downtrodden the same law as for the rich man.
        Yet we are woven about with so many regulations that much of our lives is hidden in crimson tape, dyed in the blood of innocents, and ostensibly for our protection, and often done with at least purported, and some actual good intent by the well meaning without understanding.
        Each of us is endowed, by the fact of our existence, with powers, rights, and inherent capabilities. We belong to ourselves, and the states, and federal government belongs to us. Yet, there can be only one with primacy.
        The government cannot be owned by the people, while attempting to exert powers of ownership over the people. Logically, one or the other must be primary, and while our governments are delegated some powers of sovereignty, it remains ours, with all of the traditional limits against the invasion of those rights of others.
        It could be argued, given the 1956 Supplementary convention for the Abolition of Slavery, that we are all becoming, at some level, enslaved… but the courts have left the powers of ownership quite deliberately unexplored on the subject.
        http://www.ohchr.org/EN/ProfessionalInterest/Pages/SupplementaryConventionAbolitionOfSlavery.aspx Section 5, article 7.
        The powers of ownership were manifold. The owner could determine what rights the slave had, to license the operation of those rights or terminate them. They could seize the properties created by, or inherent in the slave, and had a right to the slave’s income. They had the authority to alienate the slave, and transfer their possession to other owners, to public use of the slave (usufruct), and were the sole determiner of what religions they were allowed, if they were allowed to defend themselves, and the only recourse was the master’s mercy, if they chose to allow mercy. The master could put the slave into another’s service for a fee, or determine who the slave could marry, and split up the family at his whim. The master had to license the slave to travel, and the slave had to present papers to prove that he was allowed to be where he was, and to show those papers to any who demanded it. He was required to receive a license (not required for free men) to engage in any lawful trade, and the proceeds of that trade were the master’s.
        The old Black Codes included much the same, in order to keep the ex-slaves in conditions like slavery, and on the plantation, via unconscionable contracts, and separate law for the ex-slaves as from their favoured races.
        It was not until the intervention of what would be considered ‘right wing religious zealots’ today that slavery was opposed, then ended, again due to principle, very similarly to how principled individuals opposed the Jim Crow laws, and ostensibly ended them.
        That same principle today declares we must end arbitrary, class-based law, and bring everyone under the same laws, statutes, and regulations. Nobody should be above, or beneath the law.
        Prosecutorial ‘discretion’ must end, and in many ways has no place in the court, under title 18, section 3 of the US code.
        But it’s used to excuse the powerful, and imprison the poor. It’s really the oldest game of all… keep those with less from gaining more, and they’ll steal from each other. Then you can offer ‘protection’ from their predators, but never end it.. for those who’d use such methods are the greatest predators of all.
        “Not once did you speak for the poor and the weak
        When the moss-troopers lay in your shade
        To count out the plunder and hide frae the thunder
        And share out the spoils o’ their raid
        But you saw the smiles o’ the gentry
        And the laughter of lords at their gains
        When the poor hunt the poor across mountain and moor
        The rich man can keep them in chains”

        Like

        Comment by petitionandremonstrance | December 6, 2014 | Reply

        • I’m really rushed, so post it before I can read it!

          Like

          Comment by Publius Huldah | December 6, 2014 | Reply

    • That is why our Constitution is just as valid today as it was 200 years ago.

      Like

      Comment by L.E. Liesner | December 6, 2014 | Reply

      • Hugs to you, L.E.!

        Like

        Comment by Publius Huldah | December 6, 2014 | Reply

  8. What do we do at this point when the career politicians lie cheat and steal to get back into the positions over and over and then steal some more from the taxpayer??

    Like

    Comment by Sang | December 2, 2014 | Reply

    • Sang, James Madison said on June 20, 1788 at the Virginia Ratifying Convention (when Virginia ratified the U.S. Constitution):

      “…But I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us? If there be not, we are in a wretched {537} situation. No theoretical checks, no form of government, can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men; so that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them….” http://www.constitution.org/rc/rat_va_17.htm

      We are in a “wretched situation” because Americans lost their virtue. And they REFUSE – REFUSE to learn our Declaration of Independence and Constitution. All they want to do is spout off their own grotesquely uninformed personal opinions about everything.

      EVERY CAREER POLITICIAN stays in office b/c stupid, ignorant, and corrupt Americans keep re-electing them.

      The American People are the problem. The politicians are merely the symptom – they reflect the people who elect them.

      If the American People don’t shape up PDQ, there will be a civil war.

      Like

      Comment by Publius Huldah | December 2, 2014 | Reply

      • Dear PH Sadly I think it is going to happen soon. American people are on the boiling point.

        Like

        Comment by Sang | December 2, 2014 | Reply

        • If they continue to REFUSE to learn – and if they persist in their ignorant conceit – then our civil war will look like the French Revolution instead of the American Revolution.

          Like

          Comment by Publius Huldah | December 2, 2014 | Reply

      • It’s not mere uneducation, in many cases, it’s deliberate miseducation. Unfortunately, due to the nature of the educational system today, they’ve set up a system which deliberately forces people to learn by rote just long enough for the tests, to not investigate, think, perceive, or delve for deeper truth.
        I think a revolution will come. Unless the people adhere to principles, however, there are those waiting in the wings for the opportunity to control it, and pervert its ends to their own.
        But then, I’m a cynic… which is said to be a frustrated idealist.

        Like

        Comment by petitionandremonstrance | December 6, 2014 | Reply

        • Right. God told PARENTS to educate their children. There is hell to pay when people disregard God’s Word. But our pastors are too busy with their FEMA training to bother with God’s Word. A pox on all pastors who don’t do their DUTY.

          Like

          Comment by Publius Huldah | December 6, 2014 | Reply

  9. Hi Publius Hulda,
    I greatly enjoy your instructive gift in teaching us about the constitution. You have a way of bringing it to life, making it simple for us to understand. Even so, there are some thorny issues that come to mind. One of those is based on the constitutional principle that the federal powers were not granted the authority to act as morality police over the states. Moral turpitude enforcement is NOT listed as an enumerated power of the feds. Even though the Declaration gives us a list of God-given rights, and even though most of them were codified in the constitution, slavery and other moral issues were left up to the states. We know that many of the founders were slave-owners but were opposed to the institution, yet they allowed it to continue, but without endorsing it. They recognized the right of sovereign nation-states to continue their 180 year history of local, autonomous self-government. That insight by the founders is the cornerstone that defined us as group of nation-states with a federal system with bottom-up authority, i.e. state & local control of moral behavior. The founders did not create a nationalist (top-down) government. The former British colonies operated as independent colonial nation-states from 1607-1787 without trying to enforce their lifestyle, or norms & standards on the other colonies.

    Slavery has many forms which run the gamut including contractual agreements for re-payment of debt (indentured servitude), bond servants, and even totalitarian brutality. The bible provided lawful, humane guidelines for the treatment of slaves. The Apostle Paul ordered his dear friend Onesimus, a run-away slave, to return to his Roman master because Paul respected Roman law, even though he didn’t agree with it. My point is that all Lincoln did was to convert physical slavery into political repression. He inflicted a mortal wound to the federal system by his coup. He united the Administrative and Judicial branches under the Executive branch, thus destroying the separation of powers that restricted federal authority to the boundaries of art. 1, sec 8, so today, there are no restrictions to powers over the states or individuals. So, nullification needs to begin with recognizing that Lincoln was wrong to create a feudal system in which the states now serve a federal social justice master. The 13th amendment was UNCONSTITUTIONAL, and although I am not advocating re-instituting slavery, I don’t think it is consistent to say nullification can put humpty dumpty back together when everyone believes Lincoln was a hero. People are too ignorant to appreciate strict constitutional construction-ism or its defenders such as Thomas Jefferson, James Madison, Judge Abel Upshur and others. The American people are too entitlement-minded to nullify their pets such as Medicare, Social Security, and other government intrusions into the free market. Yes, I think that we should keep trying to nullify federal breaches of the constitution, but it will take a lot of Publius Huldas, and there is only one of you, although I and probably a lot of others have been singing in your choir. Keep up the good work. Also, keep in mind what I’ve said about Lincoln’s war on the federal system. I know it is not a popular topic, but it certainly explains why we are where we are.
    Regards,
    John Noble

    Like

    Comment by John Noble | December 2, 2014 | Reply

  10. […] Publius Huldah, a nationally known Constitutional lawyer, explains how the Constitution “Secures” our God given rights in a wake up call to stand up for God and country like our founders. What are God given rights? The are rights that no one can take away from you. Huldah writes: […]

    Like

    Pingback by Huldah: How our Constitution “Secures” our God Given Rights | USA NEWS FIRST | December 1, 2014 | Reply

  11. The progressive movement, from it’s first conception in this country has been trying to separate the Declaration of Independence from the Constitution. By doing so, they have changed the Constitution to meet their daily needs. “We the People” through apathy and pure laziness have helped them do just that. I agree that we need to elect not only people that believe but people that will follow the Constitution, but as far as our country has strayed from concept of our Founders I don’t think that elections are going to be enough. The corruption in government runs rampant, all the way from local to the very top of the federal area of influence, with career politicians being the worst of the worst.

    Like

    Comment by L.E. Liesner | December 1, 2014 | Reply

    • Right – elections will do no good UNTIL & UNLESS Americans sit down and learn those two short documents and give hard job interviews to all candidates for office. We don’t hire secretaries without a job interview and tests on their skills, but we elect to office people b/c we think they are cute or they make us feel good or they are in our party.
      What could possibly go wrong?

      Like

      Comment by Publius Huldah | December 1, 2014 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: