Publius-Huldah's Blog

Understanding the Constitution

How SCOTUS perverted the “equal protection” clause of Sec. 1 of the Fourteenth Amendment.

By Publius Huldah

1. Harvard Professor Raoul Berger’s meticulously documented book, Government by Judiciary: The Transformation of the Fourteenth Amendment, proves by means of  thousands of quotes from the Congressional Debates, that the purpose of Sec. 1 of  the 14th Amendment was to extend citizenship to freed slaves and to protect them from southern Black Codes which denied them basic God given Rights.

2. The “equal protection” clause within Sec. 1 of the 14th Amendment says:

No State shall “…deny to any person within its jurisdiction the equal protection of the laws.”

In Ch.10 of his book, [go to page 222 of this pdf ed],  Prof. Berger shows the true meaning of the “equal protection” clause:  The “equal protection” was limited to the rights enumerated in The Civil Rights Act of 1866.  Section 1 of the Civil Rights Act of 1866 says:

“Be it enacted by the Senate and House of Representatives of the United States of America …
That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.”

This 1866 Act thus secured to blacks the same right to contract, to hold property, and to sue, as whites enjoyed, and the equal benefit of all laws for security of person and property.  “Political rights” were excluded [Remember, the 14th Amendment did not give freed slaves the right to vote]. But respecting the rights listed in the Act, States were now required to treat blacks the same as whites. THAT is what the “equal protection” clause in the 14th Amendment means.

3.  So, the “equal protection” clause is not a carte blanche invitation for federal judges to thereafter prohibit States from making any “distinctions” or “classifications” on any subject whatsoever in any of their State Laws or State Constitutions which five (5) judges on the US Supreme Court don’t agree with!

But that is what federal judges have been doing.  And they have decided that, respecting marriage, “classifications” and “distinctions” based on male and female genders are unconstitutional as in violation of the equal protection clause.

What unadulterated RUBBISH emanates from the fetid recesses of the minds of the federal judges in this Country.

Will these judges next say that State Statutes which prohibit close relatives from marrying make “distinctions” and “classifications” which violate the equal protection clause?

4. To my fellow Citizens, I say: For Heaven’s Sake, People! Use your heads! God gave you a brain – use it!

5. To my fellow lawyers, I say: Watch The Matrix, Part I. Pay close attention to the passage where Morpheus is offering the blue pill and the red pill to Neo. Morpheus later says, “I am trying to free your mind, but I can only show you the door. You are the one who has to walk through.” Note the descriptions of the Matrix thereafter and of the people who are still plugged in. What you have been told, beginning with your first year in law school, is a lie.  Lawyers who accept the lies are plugged in to the Matrix. The red pill signifies opening your eyes.  I offer you the red pill.  Open your eyes.

Sept. 12, 2015

 

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September 12, 2015 Posted by | 14th Amendment, equal protection clause, Marriage | , , , , , , , , | 7 Comments

WHEN may courts lawfully strike down, under the “supremacy clause”, State laws and provisions in State Constitutions?

By Publius Huldah

The courts have lawful authority under the supremacy clause of the federal Constitution (Art. VI, clause 2) to overturn SOME Amendments to State Constitutions and SOME State laws.

It depends on whether the State provision conflicts with the federal Constitution, or with an Act of Congress which is authorized by the Constitution, or with a Treaty which is authorized by the Constitution.

For example: Say a State law says you have to be 45 years old to run for President. That would conflict with Art. II, Sec. 1, clause 5, US Constitution, which establishes 35 years as the minimum age requirement. State laws can’t contradict the Constitution. So a court could properly strike down the State law which says Presidents must be at least 45 years old.

Do you see? The State Law, or State Constitutional provision, or State judicial opinion must CONTRADICT something in the federal Constitution, or Acts of Congress authorized by the Constitution, or Treaties authorized by the Constitution – before it may lawfully be struck down under the supremacy clause.

THE REASON AMERICANS HAVE SUCH DIFFICULTY UNDERSTANDING THIS IS BECAUSE THEY HAVE NOT GRASPED THE SIMPLE CONCEPT THAT OUR FEDERAL CONSTITUTION CREATED A NATIONAL GOVERNMENT OF “ENUMERATED POWERS” ONLY.

When acts of the national government are authorized by the Constitution, States can not lawfully contradict such acts.

But when acts of the national government are not authorized by the Constitution, then State legislators, officials and judges are obliged by their Oaths of Office to SPIT ON UNCONSTITUTIONAL ACTS OF THE NATIONAL GOVERNMENT.

The KEY QUESTION IS ALWAYS – ALWAYS – ALWAYS – ALWAYS: What provision in the federal Constitution authorizes the national government to act on the issue in question?

Now I ask all of you a question: Can you cite Article, Section, and clause of the federal Constitution which authorizes the national government to meddle in “abortion”, “homosexuality”, or “marriage” over the Country at Large?

Can’t find it? What does that tell you? It should tell you that the national government has no authority to meddle in these three areas. My paper on marriage explained this very clearly, I thought……

So when the national government has no constitutional authority to meddle in an area, they may not lawfully strike down State provisions on these areas.  When they do so anyway, the States and The People must man-up  and resist!

But when the national government has constitutional authority to act in an area, then any State Constitutional provision or State statute in contradiction thereto can properly be struck down under the supremacy clause.

Americans have totally failed to understand that the list of areas in which the national government has constitutional authority to act is…… A VERY SHORT LIST. The list is so short that you all ought to have the list in your heads.  Check it out HERE.

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September 10, 2015 Posted by | Article VI, clause 2, Supremacy clause, Supreme Law of the Land | , , | 24 Comments

The TRUTH about the “supremacy clause”.

By Publius Huldah

Art.VI, clause 2 says:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…”

That tells us:

1. Only THREE things are eligible to comprise the “supreme Law of the Land”: The Constitution, Acts of Congress, and Treaties. Supreme Court opinions are not included! Supreme Court opinions aren’t even “law” [contrary to what lawyers were told in law school] – they are merely opinions on the law suits or proceedings before the court.

2. Furthermore, Acts of Congress must be made pursuant to Authority granted to Congress by the Constitution before they qualify as part of the “supreme Law”. If Acts of Congress are not authorized by the Constitution, the acts are mere usurpations and must be treated as such. See: https://publiushuldah.wordpress.com/…/nullification-smacki…/

3. Treaties must likewise be made under the Authority of the United States before they qualify as part of the “supreme Law”. From where do the President and the Senate obtain their Authority? From the Constitution. The Constitution must specifically authorize the national government to act in an area before they may lawfully make a treaty addressing the object. The national government may not circumvent the limitations imposed by the enumerated powers to do by treaty what they may not lawfully do pursuant to the enumerated powers. E.g., our Constitution does not delegate to the national government authority to restrict our arms, ammunition, regulate firearms dealers, do background checks, etc. The national government may not lawfully circumvent this restriction by means of a treaty wherein the signatory governments agree to disarm their Citizens or Subjects. https://publiushuldah.wordpress.com/…/treaty-making-powers…/

The Supreme Court’s opinion in the homosexual marriage cases was a grotesque usurpation of powers not delegated. https://publiushuldah.wordpress.com/…/searching-for-marria…/ And the opinion of these FIVE (5) morally degenerate lawyers is not “law” in any sense of the word. Only Congress is authorized to make “law” (Art. I, Sec. 1).

So County Clerk Kim Davis is a Heroine of the Republic for standing up to Tyranny.  Like Rosa Parks.

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September 6, 2015 Posted by | Article VI, clause 2, homosexual marriage, Kim Davis, Marriage, same sex marriage, Supremacy clause, Supreme Law of the Land | , , , , , | 33 Comments

Exposing the scam in the push for an Art. V Convention

Come one! Come all! And bring your Friends and Relations!

WHEN: Tuesday, Sep 8, 2015 at 6:00 p.m
HOST: Act for America, Clarksville
WHERE: Montgomery County Public Library, Large Room. At 350 Pageant Lane, Clarksville, Tennessee 37040

Come to this and you will see why supporters of the so-called “convention of states” project and others pushing for an Article V Convention, foam at the mouth when they hear my name; why they strive to get me banned from speaking in the Public Square; and why they call me nasty names.  I eat their lunch!

And if you haven’t seen the linked chart – please print it out and study it. It illustrates the federal system our Framers gave us and lists most of the enumerated powers delegated to the national government over the Country at Large.  THAT is the Constitution everyone has ignored for 100 years – and which the scammers want to get rid of.  They need a convention so they can get a new Constitution which will legalize the globalist tyranny which is being set up over us.
https://publiushuldah.files.wordpress.com/2013/08/chart-showing-federal-structure-3-1-part-a2.pdf

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September 5, 2015 Posted by | Article V Convention | 4 Comments

   

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