Publius-Huldah's Blog

Understanding the Constitution

Ask Questions!

4,919 Comments »

  1. Need clarification re census and who must be counted.

    Art I Sec 2 Cl 3 desribes and imputes that all “free persons” must be counted; thus, the exercise is strictly limited to counting the number of “free persons” occupying a residence, and nothing more can be asked.

    How did the framers define “free persons”, i.e. did that term exclude all non-citizens, like Indians and 1/5 of each slave at that time and all non-Citizens today?

    Or does the census somehow require ONLY a head count of all living bodies within that residence, whether citizen or non-Citizen?

    Then, in Fed #16, Hamilton asserted “the people” (which appears in Art I Sec 2 Cl 1) are “the natural guardians of the Constitution” which they or their forebears created. In this case, is he interchangeably referring to “free persons” and US citizens?

    So, must a home owner or renter report the number of all living bodies inhabiting the abode, or only “the natural guardians of the Constitution”, that being “free persons”/US Citizens?

    It doesn’t seem fair or in keeping with original intent that illegals, PRs and other non-Citizens should be counted for purposes of tax and representative apportionment. Help!

    Like

    Comment by jim delaney | March 28, 2024 | Reply

    • First, a general observation: You took the Simple and made it complicated.

      Next, let’s lay the historical predicate: At that time, there were 4 categories of persons within the United States: Free persons, indentured servants, slaves, and Indians.

      It often happened that Immigrants would come here who had to borrow the money for their passage. They would work off their debt by being someone’s servant until the debt was paid off. Then they would become a free person.

      Article I, Sec. 2, clause 3, US Constitution, provides that when taking the Census, free persons and indentured servants would be counted. Indians were not counted – they were subject to the Jurisdiction of their own tribe. But only 3/5 of the “other Persons” would be counted. “Other Persons” referred to the slaves. Why did the Constitution refer to them as “other persons” instead of “slaves”? I expect they were embarrassed to use the term “slaves”; and so used the euphemism, “other persons”. [We use euphemisms all the time today. E.g., a lady will say, “where’s the powder room”? Not, “where are the women’s toilets?” We say someone “went Home to be with the Lord”; and not, “he died”.

      If my recollection is correct; only 3/5 of the slaves were counted because there was a dispute between the slave states and the free states. The slave States wanted all the slaves to be counted in order to increase the number of Representatives to Congress they got. The free states didn’t want any slaves to be counted because they wanted to reduce the numbers of Representatives the slave States got. So they compromised at 3/5 of the total number of slaves in each State.

      At that time, our country wasn’t teaming with invaders. Free Europeans and indentured servants would come here; but they quickly assimilated and became Americans. Up until 1808 [Article I, Sec. 9, cl.1], our borders were open. Congress obtained power to control Immigration [and the importation of new slaves] on January 1, 1808.

      At Article I, Sec. 8, clause 4, Congress obtained authority to make uniform laws of naturalization.

      Illegal aliens weren’t an issue at that time.

      Art. , Sec. 2, clause 3 says that Congress shall by Law direct the mechanics of how the enumerated would take place. It doesn’t have to take place household by household.

      Illegals should not be counted because they are invaders and have no lawful right to be here.

      Liked by 1 person

      Comment by Publius Huldah | April 11, 2024 | Reply

      • Many thanks. SO, only “free persons” and “indentured servants” can be counted in the census–not illegal aliens. And since there are no indentured servants in this day and age, I gather that only “free persons”, which would include US Citizens (now indlcuding Indiansas well) and Permanent Resident Aliens, should be counted in the census. Corrrect? Thus, our fear of illegals being counted for the purpose of apportioning representatives, taxation and federal giveaway programs should be groundless. Sadly, that’s not how the Left has or will approach the matter of enumerating for purposes of completing the census. A Congress more thoroughly grounded in the Constitution should pin this all down to eliminate any further misinterpretation, misapplication or politically covenient ambiguity.

        Like

        Comment by jim delaney | April 12, 2024 | Reply

        • Read thru the Constitution and mark all references to Citizens. Those are the ones who (assuming they meet the other qualifications for suffrage set out in their State Constitution) are eligible to vote in federal elections (Article I, Sec. 2, clause 1, US Constitution).

          Only citizens should be counted in the Census for purposes of apportionment.

          It is a waste of time to parse & fine-tune this issue the way you are doing because the Law has disappeared in this Country and those with the Power do whatever they want. They will count however they wish.

          Liked by 1 person

          Comment by Publius Huldah | April 12, 2024 | Reply

          • Not trying to parse or fine-tune, just searching for actual Constitutional meaning. So, I gather PRAs cannot be counted in the census since they are not US Citizens yet? Though they are legally here, they are not indentured servants and, strictly speaking, not free persons either. Of course, in this post-Constitution, post-Rule of Law day and age gov’t and most citizens care not a whit about Constitutional Order. IMO, that affliction will only worsen until it is no longer a constitutional republic worth being part of.

            Like

            Comment by jim delaney | April 12, 2024 | Reply

            • right, we are in the post-constitution, post rule of Law day. The questions you ask are an academic exercise.

              We need to close the Borders; do mass deportations; stop an Article V Convention; don’t take Big Pharma’s drugs; and get ready for Hell on Earth.

              Liked by 1 person

              Comment by Publius Huldah | April 12, 2024 | Reply

            • Like

              Comment by Publius Huldah | April 14, 2024 | Reply

  2. Since we all know by now that we can’t count on a gutless, unprincipled Congress to stop Biden’s insanely destructive and unconstitutional executive orders, what entity would be best suited to take the Biden Regime to court to nullify those imperial edictsregarding EVs and fossil fuels? Who would have standing and how quickly could the case be reviewed by SCOTUS? Of course, a cowed and cooperative auto industry doesn’t help matters at all, and the spineless, vassalized, bought-off States’ unwillingness to simply take back ill-begotten federal lands whose oil and gas reserves could then be tapped would be a solution. But none of that is going to happen. So, we must await the outcome of yet another rigged election, meaning lawless EO’s will continue unbated, the tyranny will worsen OR with no other solutions available to us short of revolution, patriots do what our forefathers did in 1775, that being withdraw from a foundationally fetid, sinking ship?

    Like

    Comment by jim delaney | March 21, 2024 | Reply

    • Please study my paper on nullification: https://publiushuldah.files.wordpress.com/2021/04/nullification-the-original-right-of-self-defense-1.pdf

      Our problem today is that Americans are too cowardly to nullify – i.e., to refuse to submit to – unconstitutional acts of the federal gov’t. As stated in our Declaration of Independence, the Colonial Legislatures resisted the King’s Invasions on the Rights of the People. Today, State & Local governments and everyone else scurry to obey the federal government’s usurpations – they don’t want to lose their federal funding.

      Americans of today are too ignorant, corrupt and cowardly to be free.

      Like

      Comment by Publius Huldah | March 21, 2024 | Reply

    • Mr. Delaney, Jim your remarks are spot on. Publius’ answer is correct as to my understanding. The leaders of our states are either gutless or ignorant of our constitution or both. It pains me to say again what I have for three years that if each governor would have invoked Art 1, Sec.10, Para 3 of our constitution and sent 250-500 national guards to each of our southern border perhaps our country wouldn’t be in it’s current shape.

      I finally quit saying and telling it and went to my corner and just sucked it up. Sure Biden would have sued but per the constitution he’d been pi**ing in the wind. Finally Texas governor Greg Abbott did but too late. Our country best be electing a president that believes in the constitution and the people.

      Your comments warmed my insides. More folks need to be talking the same talk. Jack Adams.

      Like

      Comment by jladams3493a12828 | March 22, 2024 | Reply

  3. In light of the endless unconstitutional and economically harmful greenie-driven Executive Orders, aka royal decrees, must we wait to vote Biden out to reverse this lawlessness, or is there someone, like a Congressman or Senator, who someone else who may have standing to judicially contest these EOs at the SCOTUS level.

    Like

    Comment by jim delaney | February 5, 2024 | Reply

    • Oh Jim, I can’t name more than 3 Justices on SCOTUS who are faithful to our Constitution: Justices Thomas, Alito, and sometimes Gorsuch. Now I think Thomas and Alito are two of the BEST Men in the World. When the Presidents Bushes nominated those two, they must not have knows how wise & principled & strong they are.

      The lawlessness is unlikely to be reversed by anyone in government. Congress is an extraordinarily corrupt body – we can’t reasonably hope for them to ever do the Right Thing.

      The People must get ready for the worst and they must be strong and brave.

      Like

      Comment by Publius Huldah | February 5, 2024 | Reply

      • i ran across this, national sheriffs training ? the federal government has authority to train the states sheriffs ? https://www.journal-news.com/news/sheriff-jones-ramps-up-training-security-after-fbi-warning-of-terror-attacks/DNLVCR2APFGQRNE525P6BM7YFQ/

        Like

        Comment by hippie49 | February 9, 2024 | Reply

        • If America’s County Sheriffs are permitting the federal gov’t to “train” them, then the sheriffs who submit to this “training” are as dumb as a wheelbarrow full of rocks. Of course the federal gov’t has no lawful authority to train them!

          I expect that anyone who looks behind the curtain will find that Sheriffs who submit to this are getting some “free” combat style military equipment – to be used against “domestic terrorists”: people who read the Bible or the Constitution; people who applied for gun “permits”; and Moms who speak out against porn and the teaching of critical race theory in the public schools.

          Like

          Comment by Publius Huldah | February 10, 2024 | Reply

          • exactly what i thought… im thinking they also have signed on to the multi jurisdiction agreement with the feds too

            Like

            Comment by hippie49 | February 10, 2024 | Reply

            • One of the prevailing sins of The American People is blame-shifting. They LOVE to blame the federal government or the Constitution for our problems. The Republicans blame the Democrats. The Democrats blame the Republicans.

              But the TRUTH is that the States and The People went along with the usurpations of the federal government – they did it for the “free” money. And even worse, LOCAL (state & county) law enforcement went along with it for money and military style equipment to use against us.

              And none of them will listen to those who tell the truth.

              Like

              Comment by Publius Huldah | February 10, 2024 | Reply

              • cant agree more… we the people have been pretty ignorant over the last several decades

                Like

                Comment by hippie49 | February 10, 2024

              • Okay here I go I mentioned a while back about the state of Illinois entering into agreements with other states about this global warming and paris climate treaty and federal EPA stuff . well Illinois now has a bill which is House Bill 1634 and this bill has to do with vehicle emission inspections law of 2005 and it provides that by December 1st 2023 Illinois EPA agency show adopt the rules to implement the motor vehicle emissions standards of the State of California , now this is an Illinois Bill and so what Illinois did was as I mentioned made agreements with other states to implement what they call policies of a foreign treaty agreement called the Paris climate agreement which is a global initiative , so now our legislators are going to decide which mind you Illinois is controlled by one party in both houses the Democrats and so far they have done whatever they wanted without any recognition to what the people and what this is a democratic form of government not a republic form .

                since these states are entering into agreements with each other it’s obvious that their their policy is to enact for an agreement under the characterization of its policies , now are ignoring the people and what they want and creating laws to coincide with other states .  this is a kingdom not a republic and this has nothing to do with representing the people and their interest but what the states and what they agree with on foreign policies and this is the New world order all wrapped up here and now , we see the failures of California their energy and EPA policies their debt the ignorance of representation for the people and now it’s filtered into what Illinois is going to do in house bill 1634 so where have I gotten it wrong that the states are going outside making agreements with each other and ignoring anything that the people
                want which is what their job is to represent the people of each state not the states to make agreements with each other so they can do what they want to do in their little club I guess you could say so where do I get this wrong thanks

                https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=112&GA=103&DocTypeId=HB&DocNum=1634&GAID=17&LegID=144270&SpecSess=&Session=

                Like

                Comment by hippie49 | February 17, 2024

              • Actually, the States are adopting UN Standards. Yes, it’s unconstitutional. So tell it to a federal judge. A lot of good that will do.
                The Law has disappeared in our Country. A Coup bas been going on for many years. And just about everyone went along with it. State Legislatures are going along with it. Do they know what they are doing? No. So will they listen to those who tell them the truth? No.

                Like

                Comment by Publius Huldah | February 20, 2024

  4. Hi PH, I am outraged, I just read that Rep. Jim Jordan revealed on Jan. 17 that Americans who shopped at sporting goods stores and bought religious books “like a Bible” were flagged through their banks as potential domestic terrorists. The fascist Biden administration is criminalizing Americans’ constitutionally protected inalienable religious and free speech rights. This reminds me of Hitler’s Nazi Germany. HOW DARE THEY! I am going to contact my US rep and senators to protest Biden’s totalitarianism but that feels inadequate. Should we just allow the process to take place and hope congress reels in the power abuse or is there a better course of action

    Like

    Comment by Spense | January 18, 2024 | Reply

    • Remain faithful to God.

      Americans have gone insane. The last presidential election was stolen and everyone was too weak and cowardly to do anything about it. Trump, SCOTUS, the US Attorney General, VP Mike Pence, Congress, and the State Legislatures where the cheating was blatantly obvious, all failed or refused to act. See the first two articles here https://publiushuldah.wordpress.com/category/federal-election-of-2020/ Before those, I wrote 4 or so more articles giving warnings and then telling them what they needed to do.

      After the election, the Biden Administration, vicious statists, dimwit white liberal females, Soros Prosecutors, etc., etc., have criminalized questioning the announced election results.

      And Republicans are dreadful cowards. And the Left pushes on – and there is no push back. “Christians” are useless – they’re waiting to be raptured out of here, or they have been co-opted by the left, or have been totally emasculated.

      So I say, prepare for collapse. And mend fences with family and neighbors. And get close to God and ask for Wisdom and the strength you will need to get thru what’s ahead.

      Americans have been so dumbed down it’s pathetic. 99.9% of them can’t think! And they have become so immoral, they don’t even know what “Truth” is – they just say what they need to say to get what they want, and they are just fine with that.

      And we are being Overrun with 3rd world people, terrorists, gangs, the dregs of the world AND military age fighting men.

      Goodbye Sweet America. And a pox on those who pushed public education on Americans.

      Liked by 1 person

      Comment by Publius Huldah | January 18, 2024 | Reply

      • PH, my pastor says the same thing, “get close to God and ask for Wisdom and the strength” like you stated. He believes the US is being punished for the falling away from the church and of God’s word. I know far too many Americans live with the fear that they could be targeted and attacked based on their beliefs or who they are (Conservatives) by the federal govt. Hitler’s Propaganda Minister Joseph Goebbels ~ ” It is the absolute right of the State to supervise the formation of public opinion.” It appears the Biden administration shares the belief that they possess that right…… I am sick of feeling the sting of our tyrannical govt’s persecution. Our One World Govt New World Order federal govt is unrestrained by law or our constitution and usurps the sovereignty of the people. Spoiled Americans will soon live under an oppressive govt unless they wake up vote out the federal govt dictators

        Liked by 1 person

        Comment by spenser45bow52 | January 19, 2024 | Reply

      • Hi PH, concerning your comment about Christians being useless, its surprising how many think we must not question and always submit to govt. Because “Romans 13 teaches we ought to obey governmental authority.” But that is as long as that govt obeys God’s law. And Ours certainly does not……

        Like

        Comment by spenser45bow52 | January 19, 2024 | Reply

        • Yes! We are to obey civil gov’t only when it obeys God. You’ll like this paper – and be sure to read the footnotes https://publiushuldah.wordpress.com/2012/06/23/the-biblical-foundation-of-our-constitution/
          God punishes people when they obey wicked rulers.

          Not many pastors know that. In Seminaries, they don’t seem to learn anything except church growth, and how to preach without alienating their big donors in the Congregation.

          Church government is a really big deal: the Roman Catholics and the Church of England have governments run from the top down. The Presbyterians said the Congregations should have the power. THAT was a bad idea. When the big donors have the power to fire a pastor, what is he to do but please them? After all, he has a family, a mortgage, his kids need braces, etc., etc.

          So Pastors much have work or jobs such that they are not dependent on their Congregations for their livelihood. The Church Members can and should make offerings – but the Pastor must not become dependent on those offerings. Otherwise, he becomes a people pleaser.

          I think that’s why we have such few good Pastors. The People don’t want good pastors. They want Pastors who tickle their ears and make them feel good. And “feeling good” is now the highest value of the American People.

          Like

          Comment by Publius Huldah | January 19, 2024 | Reply

      • Hello Publius. Loved your answer to Spense. Like him and millions of others I as well have been outraged since Biden got in. I went back and looked at notes I made on June 20,2014 after reading your great comments regarding nullification and perhaps more importantly Interposition.

        Since Biden got in our country hasn’t exactly been in a war and I’ve wondered why the governors have failed to enact Art 1, Sec 10, Para. 3. Also, with Biden dictating the energy, electric cars, along with the billions of money given away to our country to combat the pandemic. Seems our congress has been negligent in stopping him.

        Billions given to foreign countries that wouldn’t urinate in our rumps if our intestines were on fire. I know Biden doesn’t give a rats gluts for our country but seems our congress cares even less. Given what the Democrats did to Trump after the 2016 election I really fear for what they may do if he’s nominated this year for 2024 office.

        I read your comments for the intellectualism they have. They offer good advice. Unfortunately we don’t have any power to enforce it. Elect our reps and off they go and they act like they have no power as well.

        I’m 81 years old and can’t believe the people have allowed our leaders to destroy our nation. Just seems if our governors had used the constitution for it’s power and a stand for good ole Interposition they could have helped control the White House. Thank you,

        Jack Adams

        Like

        Comment by Jack Adams | January 19, 2024 | Reply

        • State Governments love federal funds. State legislatures & governors won’t do anything to jeopardize their federal funds. That’s why State governments don’t resist federal tyranny. Like Essau, they sold OUR Sacred Heritage for handouts.

          Also, they don’t understand nullification. They believe SCOTUS (US Supreme Court) is the sole & exclusive Judge of the meaning of our Constitution. That’s what law students have been told in American law schools for 100 years. That’s what I was told some 50 years ago.

          Most law students, being indoctrinated in the public schools with the Monstrous Lie that they must accept uncritically whatever their teachers tell them, believed the Lie.

          But think: Where did SCOTUS come from? It was created by Art. III, Sec. 1, US Constitution. Who created the Constitution? The States did when they ratified the Constitution. So the SCOTUS is nothing more than the “creature” of the Constitution and is completely subject to its terms. So when the WE The People (acting thru special ratifying conventions in our States) ratified the Constitution, we created the federal gov’t. And The States, as the Creators, have the absolute right to nullify of their own authority all unconstitutional acts of any branch of the federal gov’t.

          Those aren’t my words – that’s what Jefferson, Madison & Hamilton said. https://publiushuldah.files.wordpress.com/2021/04/nullification-the-original-right-of-self-defense-1.pdf

          But people would rather have handouts than constitutional government. And so now, the chickens have come home to roost.

          Liked by 1 person

          Comment by Publius Huldah | January 19, 2024 | Reply

          • Thank you Publius for your reply. I may not understand given I’m no expert but as supposedly 60-70% of the people feel our country is going in the wrong direction and Biden doesn’t care is there reasons why the major oil producing states allowed to drill and pump more oil to help out the nation?

            If it shifted the price of gasoline and diesel fuel to $2.00 and $3.00 per gallon it would make for a more happier populace. It may not neutralize inflation but it would increase folks spending power. More spending could help inflation.

            Isn’t the energy department unconstitutional anyways?

            Jack Adams

            Like

            Comment by Jack Adams | January 20, 2024 | Reply

            • Yes, the Department of Energy is an unconstitutional federal agency. Our Constitution doesn’t grant to the fed gov’t power over energy, oil, drilling, power plants, etc., etc., etc.

              I understand from someone who understands the oil business (drilling, refineries, etc.) that refineries in the US have been shut down; and that it would take a very long time to get new refineries going. But this is way out of my area of expertise.

              The big idea is to kill most of us off.

              Liked by 1 person

              Comment by Publius Huldah | January 20, 2024 | Reply

              • Publius thanks for the prompt reply. Understanding your reply doesn’t one have to wonder why our energy sector doesn’t/didn’t just tell Biden to go pound sand. No spine I suppose. Jack Adams

                Like

                Comment by jladams3493a12828 | January 20, 2024

              • and they may not know that they have no obligation to submit to unconstitutional dictates.

                Like

                Comment by Publius Huldah | January 24, 2024

              • Publius, thank you for the reply over my asking why the oil producing states don’t just tell Biden to go and pound sand.

                Ignorance of our AG’s and Governors for not knowing the constitution in order to protect the people. I been writing and saying for over two years as to why the states with an immigration problem fail to use their national guard per the constitution Art 1, Sec 10, Para 3 to defend their citizens.

                Finally Abbott of Texas is doing it. Thank you for what you do. Jack Adams.

                Like

                Comment by jladams3493a12828 | January 25, 2024

              • Yes, but the National Guard is an adjunct of the federal military. Biden is their CINC. Biden’s handlers could order the National Guard to stand down. We no longer have a “Militia” (Article I, Sec. 8, clauses 15 & 16.) With the profoundly evil “Dick Act” of 1903, the Militia was deactivated and replaced with the National Guard which is controlled by the President of the U.S. This took away from the States their power to defend themselves militarily from the fed gov’t. See Federalist Paper No. 46 by James Madison. But the Progressives wanted this done – and the States went along with it because they got federal funds for going along.

                and so this is why the defense of the States depends on real men who will step up to the plate. The US Military is no place for Patriots – it is controlled by profoundly evil people and we must not look to it for protection.

                Like

                Comment by Publius Huldah | January 25, 2024

              • Publius, many thanks for your answer about my concern as why states don’t use Art 1, Sec 10, Para 3.
                It seems somewhat mis leading to me why the constitution wasn’t changed or is my ignorance guiding me?
                Seems to me another constitution person wrote about this subject as a way to stop our immigration problem.
                I suppose then the states have none to little recourse then. Who then has any authority to stop a dictator bent on destroying our nation? Congress won’t, Supreme Court won’t as preempting. People should be fed up with electing unpatriotic Congress Representatives and Senators but their not it seems.
                Thanks again for your most knowledgeable answer. Most appreciated.

                JackAdams

                Like

                Comment by jladams3493a12828 | January 26, 2024

              • Hello, Jack! As we now see, Texas and the Governors of some 24 other States are invoking Art I, Sec. 10, cl. 3 It’s about time! I urged them to do so 14 years ago: https://publiushuldah.wordpress.com/2010/05/04/the-invasion-of-arizona-the-remedy-when-the-federal-government-refuses-to-do-its-duty/

                Yes, we can’t control immigration (it’s referred to as “Migration” at Art. I, Sec. 9, Clause 1); if we don’t control our Borders.

                I don’t know what you mean in your second sentence. The ONLY way our Constitution can be changed is via Amendment.

                I won’t lie to you and sugarcoat: We are is dreadful trouble. I don’t see any nice & pleasant way out of this. The invaders will soon resort to violence. and I don’t know of any politicians with the moral character, knowledge, and backbone to “fix things”. To the contrary, they are doing all they can to disarm us.

                As a People, we are morally corrupt: Lying constantly. Americans no longer think in terms of “right” and “wrong” – “true” and “false”. They think ONLY in terms of “what do I want?” “What will get me what I want?”

                Like

                Comment by Publius Huldah | January 27, 2024

              • i have a good one…. chicago enacted their sanctuary city policy thru an executive order in 1985 under mayor harold washington the mayor daily made it an ordinance and has ever since ignored federal immigration laws namely the 1986 immigration and nationality act. chicago has been acting in treason and defrauding the people of illinois for over 35 years and nothing has ever been done

                Like

                Comment by hippie49 | January 27, 2024

              • Hi, Hippie 49!
                Well, “treason” (defined at Art. III, Sec. 3, US Constit.) isn’t the right term; but the Executive Branch has been ignoring the immigration laws passed by Congress. The Executive Branch is taking its orders on immigration from the United Nations. Read my most recent paper at paras 9 & 10 and the footnotes which goes to those paras. https://publiushuldah.wordpress.com/2024/01/24/why-james-madison-trembled-at-the-prospect-of-an-article-v-convention/

                Like

                Comment by Publius Huldah | January 27, 2024

              • i was more on the over all definition… aiding a betting .. 18 U.S. Code § 2381 – Treason

                Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

                if you give an oath to uphold the laws and constitution but ignore doing what you promised to do and then allow people who are known or could be terrorist , murderers rapists etc… when you are committing fraud as chicago has am i reaching a bit far ?

                Like

                Comment by hippie49 | January 27, 2024

              • YOU are reaching! I started out as a criminal defense lawyer and (in my time at least), criminal laws were strictly construed: They couldn’t be “stretched” to fit the conduct of any one the gov’t wanted to find a reason prosecute. And that was proper & right.

                But that is no longer the case. The federal prosecutors – remember they all serve at the pleasure of Biden’s handlers – overcharge for minor (or imaginary) offenses – to such an extent that defendants plead guilty to minor offenses in order to avoid a 75 year sentence for being at the Capitol on Jan 6 – or, like Sidney Powell, for saying that the federal election of 2020 was stolen! She was criminally charged for challenging the election and was so over charged that she was facing some 75 years in prison. Since NO ONE can get a fair trial in Federal District Courts in the DC or blue areas; and only the super mega rich can afford to pay defense counsel, innocent people plead guilty. The fed gov’t coerces guilty pleas.

                The federal criminal “justice” system is totally corrupt.

                And you are also not dealing with the realities of today: there is no federal prosecutor in the land who gives a damn about doing the right thing. Patriots spend too much time trying to figure out gimmicky ways to prosecute evil people – even thou there is no one who would prosecute them anyway.

                Get right with God. and Prepare.

                Like

                Comment by Publius Huldah | January 27, 2024

              • i agree but when any form of government becomes destructive of their ends.. the right of the people is to alter or abolish it and replace it with one that does work..im thinking we are at that point. today you arent allowed to present your defense or get due process ..

                Like

                Comment by hippie49 | January 27, 2024

              • The fed gov’t got the way it is because of the moral collapse of the American People. We are not innocent victims. The American People sold their rights & retained powers to the fed gov’t. They did it for the handouts. They didn’t want “Liberty” – they wanted “security”.

                They refused to learn the Declaration of Independence and Constitution. They still refuse to learn.

                Almost nobody tells the Truth – people say what they need to say to get what they want.

                They became dreadful moral cowards – the Republicans refused to resist when Democrats were pushing for State laws which invite cheating: days, weeks, and then months of early voting. Registration by mail. No I.D. for voters, Voting by mail, on & on, cowardly Republicans went along with the changes…

                Americans are shallow – they don’t look under the surface. A Demagogue tells them what they want to hear and they are all for him. They don’t look to see that his actions give the lie to his words. Mark Levin is an example of a Demagogue. He says what people want to hear so they like him and they don’t notice that his so-called Liberty Amendments do the opposite of what he claims. They are too lazy to read the Constitution – then read his proposed amendments and see that they increase the powers of the fed gov’t by legalizing powers already usurped, grant new powers to the fed gov’t, etc.

                A People which have sunk to such a sorry & irresponsible condition deserve what they get. Problem is, they pulled down the entire structure on the heads of the relatively few innocent Americans as well as on their own sorry selves.

                Liked by 1 person

                Comment by Publius Huldah | January 28, 2024

              • Publius, I’m writing in echo to your response to Hippie 49 regarding how the nation got to it’s current condition.
                I have watched Mark Levine for the past year or so. Lately I’ve been questioning to myself when he rants and cusses why things never change if he’s saying every thing true.
                Is no one listening that ought to be learned but all his guests will fully agree with his oratory. No one seems to have their own opinion.
                Now you refer to him as a “Demagogue”. It’s like even the guests concur with him. I’m 81 but not an intellectual bear cat. I suppose I ought to be listening to someone else. BUT, who? I don’t trust the media. Sorry to say but it seems at times he makes sense. My ignorance or stupidity for continuing to watch him. Thank you,

                Jack Adams

                Like

                Comment by jladams3493a12828 | January 28, 2024

              • A Demagogue is one who tells people what they want to hear in order to lead them off the Cliff. In Federalist Paper No. 1 (at the end of the 5th para) Alexander Hamilton warns:

                “…On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants.”

                Demagogues tell people what they want to hear in order to get their support and to get them as followers. By talking “conservative” and spouting off anger at the fed gov’t, Levin gets Conservatives to believe he is on their side.

                But his so-called “Liberty Amendments” do the opposite of what he claims! I wrote this paper during 2014 Mark Levin’s “liberty” amendments: legalizing tyranny https://www.renewamerica.com/columns/huldah/140415 But Levin still pushes an Article V Convention. Do you believe he doesn’t know that his Amendments would increase the powers of the fed gov’t?

                By pushing for an Article V convention, he’s selling his trusting supporters down the river.

                I don’t know what goes on in Mark Levin’s head – but the typical motives for doing what he is doing are Hatred, Money, personal ambition to get a position of power, etc.

                I understand that Mark Levin’s major sponsor throughout the years has been Americans for Prosperity – which is a Koch front organization. The Kochs are the major funders on the fake “right” of the push for an Article V Convention.

                Like

                Comment by Publius Huldah | January 28, 2024

              • jack , a broken clock is correct two times a day. researching things is a great start. publius provides the nnaterial to do the research but understanding it can be a challenge sometimes and thats because we all have been groomed and things presented us that just aint true and we accept without doing our own research and mark levin and meckler are counting on just that..

                Like

                Comment by hippie49 | January 28, 2024

              • Yep! They count on People to blindly trust them and not make the effort to find out whether what Meckler, Levin, Michael Farris, etc., are telling them is true.
                We were conditioned in the public schools to blindly accept what our teachers told us and to repeat it on tests. It was the same in College and in Law School! And thus the American People were conditioned to believe whatever they are told.

                Liked by 1 person

                Comment by Publius Huldah | January 28, 2024

              • Publius, probably my last statement on the subject of Art 1, Sec 10, Para 3. I perhaps got incorrect the part of the Militia being changed or replaced when the National Guard was instituted. My saying my ignorance meant I was not aware of history.
                Personally I think Biden’s think cap is being worn by Obama. By using original language he wasn’t a natural born citizen whichI think is still in discussion. Now Nilli Haley is running and her parents weren’t naturalized until after she was born I think.
                I don’t know who vets these folks but seeminly they go by the 14th amendment.
                You’re correct about the country. People are getting fed up. Anarchy awaits if something very special doesn’t happen soon I think. Thank you,

                Jack Adams

                Like

                Comment by jladams3493a12828 | January 27, 2024

              • Not enough Americans know about the Natural Born Citizen requirement. I bet you Trump never heard of it. I get the impression that Tucker Carlson never heard of it. All those “good” “conservatives” preening their preference for the other candidates for the nomination who also didn’t appear to be Natural Born Citizens, also seem to have never heard of the requirement – or if they had, they dismissed it without considering it or looking into it.
                Americans want what they want and they don’t care what the Constitution says. Some years ago, I saw a survey which said that only 26% of the American People can name the 3 Branches of the federal gov’t. Congresswoman AOC said the 3 Branches are, “the Senate, the House and the other one.”

                What could possibly go wrong when such vast numbers of Americans don’t know what our Constitution says and, even worse, don’t care?

                Like

                Comment by Publius Huldah | January 27, 2024

              • Publius, years ago when the Obama citizen fiasco blossomed I looked up information on Trump and given what’s available Fred ( Trumps father ) was born in New York in 1905. His mother Mary was an immigrant and was naturalized in 1942. In 1946 Donald Trump was born to Fred and Mary.
                In my complete understanding Donald Trump is a Natural Born Citizen born in the USA to parents that were citizens.
                Given his mother was Naturalized never the less still a citizen. A foreigner born in our country cannot be president. John Jay along with his fellow brethren should have stapled it on the wall. In my mind the 14th amendment doesn’t qualify a MAN to be president. Through out the constitution the president is referred to as he, him, etc. Although given an amendment I’d like to see a woman. Another Margaret Thatcher perhaps. Please correct my reasoning if I’m wrong. Thank you.

                JackAdams

                Like

                Comment by jladams3493a12828 | January 28, 2024

              • If both Trump’s parents were citizens at the time he was born; he is a Natural Born Citizen. I’ve been writing on this issue for years – since the Obama administration. https://publiushuldah.wordpress.com/category/natural-born-citizen/

                No Constitutional Amendment is needed to qualify a woman for the Presidency. Depending on the context, the English words, “Mankind”, “he”, etc. have always been understood to include all of mankind including females. The modern day phrasing, e.g., “every student should do his or her homework” is an inexcusable barbarism! A literate person says, “Every student must do his homework”. That includes girls.

                Like

                Comment by Publius Huldah | January 28, 2024

              • Publius, thank you for the confirmation of Donald Trumps blood line. Also, seeing you opened my eyes as to a woman being president in your infinite wisdom could you share whom you think may make a good President?. I told you my thoughts. Thank you,

                Jack

                Like

                Comment by jladams3493a12828 | January 28, 2024

              • I can’t think of anyone who would be a good President. Our system is set up so that the Good People are shunted to the side – as soon as they are identified in College and in graduate schools. Their professors make sure that the strong & smart students who can think for themselves do NOT get the top grades. Those who get the top grades are those who curry favor with the Professors and regurgitate everything they say. So the bad people start rising to the top when they are in College. Amy Coney Barrett rises to mind.

                And the BIG Donors (whom one needs to run for President) will NOT give money to a Candidate they can’t control. and one can’t win without lots of money.

                Like

                Comment by Publius Huldah | January 29, 2024

              • Publius, nothing like being direct and to the point. I don’t know which group you benefited from but from my stand point you’re you’re a full moon on a cloudless night. Just keep on making your points.
                From a constitutional standpoint you seem to have more wits than all our congress.

                Jack Adams

                Like

                Comment by jladams3493a12828 | January 30, 2024

              • Thank you, Jack! These are the Groups I benefited from: The Bible, my Father (who started teaching me Logic & analytical thinking as soon as I began to speak), the Scottish author George MacDonald, and Ayn Rand.

                Liked by 1 person

                Comment by Publius Huldah | January 30, 2024

  5. Happy New Year, PH! Have you done any papers on the constitutionality of CBDC’s? Did a content search of your blog, but didn’t see anything? Thanks.

    Like

    Comment by jim delaney | January 7, 2024 | Reply

    • Several years ago, I wrote on Trump’s USMCA “Trade Agreement” and how it turned over control of our monetary system and economy to the IMF. At that time, I didn’t know what they’d be calling the new currency so I didn’t use the term CBCDs. The paper shows how the “Trade Agreement” provides for replacing the federal Reserve fiat monetary system – with a new GLOBAL fiat monetary system! In the paper, I also show what a constitutional monetary system would look like. https://publiushuldah.wordpress.com/?s=so+you+think+Trump+wants+to+get+rid+of+the+fed%3F

      So you’ll find the answers to your questions there. “Conservative Tree House” wouldn’t permit links to any of my 3 papers on the USMCA “Trade Agreement” to be posted because Sundance wouldn’t tolerate any criticism of Trump’s policies.

      Like

      Comment by Publius Huldah | January 7, 2024 | Reply

  6. the texas governor is allowing illegals into his state and flying or bussing them all over the country. we have immigration laws called the immigration and nationality act of 1986 , cant the sheriffs do their constitutional job and enforce the law that exists stopping them from unloading into our states ?

    Like

    Comment by hippie49 | January 1, 2024 | Reply

    • See my answer of yesterday to Jim. The State governments have the ability as well as the lawful authority to stop the invasion [That was one of the primary purposes of The Militia of the several States (Article I, Sec. 8, clauses 15 & 16, US Constitution)].

      However, County Sheriffs acting alone would lack the ability to stop the invasions into their Counties. It’s impossible for them to control their County borders.

      Governor Abbott could close the border between Texas and Mexico – but he is a fake “conservative” and a mindless tool of the globalists. He does their bidding.

      I hope that the unthinking “conservative” population of America soon wakes up to the fact that “Republicans” are their worst enemies. The best of them are cowards. None of them that I know of actually can think.

      Like

      Comment by Publius Huldah | January 1, 2024 | Reply

      • totally agree , thanks

        Like

        Comment by hippie49 | January 1, 2024 | Reply

      • Exactly right!!!

        Greg Grab-it is a politician FIRST AND FOREMOST. The political capital he receives from shipping illegals all over this once great nation, trumps his actually doing his DUTY!!! He gets headlines!!! But he doesn’t “get” the founding principles ( see also his horrible “Texas Plan”.)
        As a Texan I am disgusted by Greg Grab-it’s political grandstanding.
        As with ALL of our problems today, the fault lies with the constitutionally illiterate and immoral society that produces these elected morons.
        Blessings
        Mark

        Like

        Comment by Mark | January 1, 2024 | Reply

        • It’s true that Americans are constitutionally illiterate. However, they are basically “Conservative”. That’s why politicians all pretend to be “conservative” when they are running for office. Even barack obama complained about excessive federal spending when he ran for president first time.

          It’s true that Americans are lazy and easily deceived by fake Republicans who mouth “conservative” talking points. However, I suspect that election fraud has been going on for a long time and that the fake “conservatives” who are the announced winners aren’t always the choice of the voters. People who understand computers and voting machines assure me it’s as easy as can be to alter a voting machine and get whatever results you want.

          A former State legislator told me she talked with her R colleagues about cosponsoring a bill which would reduce early voting from the 4 or so months of early voting we have in Tennessee to a week before Election Day. Her R colleagues all said, in horror, “Oh, we can’t do that”.

          I think what happened is this: Democrats wanted to cheat, and early voting, registering by mail and voting by mail, are good ways to cheat! So they proposed changes to State election laws which would allow them to cheat, and the Republicans were too cowardly to oppose it. I suspect that is one reason why our elections are so dishonest.

          And voting machines are the worst idea since public education.

          The Governor of Texas and the Lt. Governor are both Koch puppets. There are articles on line speaking of how much Koch money they get. The Kochs, like all globalists, want open borders. The UN demands that our borders be open. See my most recent paper: https://www.renewamerica.com/columns/huldah/240104

          Since Greg Abbott’s masters want open borders, he won’t close Texas’ borders to Mexico. But he could, if he had the integrity & balls.

          Like

          Comment by Publius Huldah | January 7, 2024 | Reply

  7. Hi, PH. Hope you had a great Christmas, and wishing you a new year of good health, productivity and happiness. Question: Since there are powers specifically delegated to the federal government and powers reserved to the States, if the federal government fails to fulfill its obligations (Art IV Sec 4), e.g. securing the border, are States duty-bound or are they otherwise empowered to secure the border for the proection of their citizens? Where in the Federalist papers is this question specifically addressed? Thanks!!!!

    Like

    Comment by jim delaney | December 30, 2023 | Reply

  8. How do governments take the right to bear arms from “felons” ? I thought since God gave us our rights nothing on earth could take them.

    Like

    Comment by Jimmy Hunter | December 23, 2023 | Reply

  9. Hi PUBLIUS HULDAH,

    Article I, Sec.10.

    No State shall enter into any Treaty, Alliance, or Confederation;… …pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

    What were the “Obligation of Contracts” that were not specifically enumerated in the U.S. Constitution?

    Thanks,

    dons2017

    Like

    Comment by dons2017 | November 19, 2023 | Reply

    • That the States are prohibited by Article I, Sec. 10 from making laws which impair the obligation of contracts doesn’t mean that the fed gov’t has the power to do so. It’s not an enumerated power, so the fed gov’t can’t make such a law. And Article I, Sec. 10 prohibits the States from making such laws.

      This is a somewhat esoteric point – I haven’t found any discussion in the writings of our Framers which sheds much light on the evil which the clause was inserted to correct.

      However, Madison gives us a hint as to what the problem was in his DRAFT Preface to the Debates of the Convention of 1787 (Vol 3, Farrand page 539). On page 548, Madison says: http://memory.loc.gov/cgi-bin/ampage?collId=llfr&fileName=003/llfr003.db&recNum=551&itemLink=r%3Fammem%2Fhlaw%3A%40field%28DOCID%2B%40lit%28fr0032%29%29%230030004&linkText=1

      “In the internal administration of the States a violations of Contracts had become familiar in the form of depreciated paper made a legal tender, of property substituted for money, of Instalment laws, and of the occlusions of the Courts of Justice; although evident that all such interferences affected the rights of other States, relatively Creditor, as well as Citizens Creditors within the State…”

      So that gives us the general idea: apparently some States were impairing private contracts by allowing debtors to pay off with depreciated paper, etc.

      I have a vague recollection of one of my American history professors talking about this – but that would have been some 60 years ago and the details are not fresh in my mind…. I do recall one of them saying that the currency used during our War for Independence had inflated to such an extent that when referring to worthless things, people would say, “it’s not worth a Continental”.

      without extensive research – I can’t give a better answer!

      Like

      Comment by Publius Huldah | November 20, 2023 | Reply

      • i have tried to bring this to many peoples attention and saying it violates article 1 sec 10 and the replies i get is , the courts have already said this is ok. i dont agree it is ok or am i missing something ? https://www.illinois.gov/government/executive-orders/executive-order.executive-order-number-6.2019.html

        Like

        Comment by hippie49 | November 20, 2023 | Reply

        • well, the Governor’s Executive Order is nutty [and may violate the Illinois State Constitution (I don’t know – I haven’t read the Illinois Constitution); but I don’t see that it has anything to do with impairment of the obligation of contracts within the meaning of Article I, Sec. 10, clause 1, US Constitution.

          Like

          Comment by Publius Huldah | November 20, 2023 | Reply

          • i was thinking on the fact that they created a U.S. alliance among the states . wouldnt that be considered a compact ? just in my opinion , they are making unfounded claims and using it to decide for me what i choose (my opinion) . using even principles of a failed treaty i believe is still over stepping authority ..again my opinion

            Like

            Comment by hippie49 | November 20, 2023 | Reply

            • I don’t understand what you mean!

              Like

              Comment by Publius Huldah | November 21, 2023 | Reply

              • they created an alliance where the states have joined on to and this “agreement ” is implementing “principles” of a treaty with other country that wasnt made law for a reason. i understand the wording says” principles” but it is an agreement among states and congress never approved it. article 1 sec 10 …No State shall, without the Consent of Congress lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State,…. im no lawyer and im stating that right now,lol … but the states have made a agreement that without the peoples or federal consent affect our lives. and you noted its nutty and this nationwide agreement with other states , not that all signed on is an agreement to implement the paris climate treaty thats wronging us all and with bogus claims. i rambled a bit longer than i should trying to explain what i mean… an agreement is a compact ..yes ?

                Like

                Comment by hippie49 | November 21, 2023

        • What if the rights and principles guaranteed in the Constitutions (Illinois & US) have been so distorted in the past 200 years as to be unrecognizable by the Founders? What if the totalitarian government was the reason we don’t have a Constitution anymore? The law in Illinois has about disappeared, democrat controlled Illinois state govt perverts the plain meaning of words to force their will onto Illinois citizens. Illinois’ form of govt is totalitarianism. Totalitarianism is a form of government that tries to control every aspect of life, from politics and economy to culture and morality. That describes our Illinois state government. The commies have won…..

          Like

          Comment by Spense | November 21, 2023 | Reply

          • i jave to agree 1110% but we cant just let it go. we have to educate. i might get some things wrong but that keeps mean learning the right way.

            Like

            Comment by hippie49 | November 21, 2023 | Reply

        • Hippie, if anything was violated by the governor….. it is

          “Article V, SECTION 8. GOVERNOR – SUPREME EXECUTIVE POWER
          The Governor shall have the supreme executive power, and
          shall be responsible for the faithful execution of the laws.
          (Source: Illinois Constitution.)” https://www.ilga.gov/commission/lrb/con5.htm

          to the best of my knowledge the Illinois state legislature never passed a mandate for the governor to join that Alliance. The granting of the “executive Power” to the Governor is not a blank check giving him power to do whatever he wants. The “executive Power” is merely the power to put into effect, to implement, those Acts of the Illinois state legislature which are within the legislatures’ enumerated powers. As far as I can see power abusing Governor Pritzker is not executing a lawful act of the Illinois state legislature. If that is so, then the Governor is violating the Illinois state constitution, Article V, Section 8.

          Like

          Comment by Spense | November 21, 2023 | Reply

          • I expect your analysis is correct, Spense!

            Like

            Comment by Publius Huldah | November 21, 2023 | Reply

            • I learned it from you Mom…

              Like

              Comment by Spense | November 21, 2023 | Reply

              • Awwww, Thanks, Son!

                Like

                Comment by Publius Huldah | November 21, 2023

        • Hippie, I think your confusion stems from the fact, it is the federal govt who was granted the power to deal with foreign powers. Thus, the reason for the Article 1, section 10:

          Article I, Section 10 of the United States Constitution limits the powers of the states
          The section prohibits states from:

          Entering into alliances WITH FOREIGN POWERS, among other things

          Pritzker didn’t join an alliance with a foreign power, the alliance he joined consists of US states

          Like

          Comment by Spense | November 21, 2023 | Reply

          • you may be right.. im reading where it says shall not enter into a compact

            Like

            Comment by hippie49 | November 21, 2023 | Reply

          • this is where im at… No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, in exec 6 it says… EXECUTIVE ORDER JOINING THE US CLIMATE ALLIANCE AND COMMITTING TO THE PRINCIPLES OF THE PARIS CLIMATE AGREEMENT… joining a u.s. climate alliance would be an agreement of the principles of the paris climate treaty.

            Like

            Comment by hippie49 | November 21, 2023 | Reply

            • I think I figured out what your concern is! There is a distinction between being a Party to an international agreement (which the States are prohibited from being); and adopting those Principles by a State or local government. The latter is permissible as long as it is consistent with the State’s Constitution).

              Remember, under our Constitution, the federal government has only limited and enumerated powers. Our federal gov’t has constitutional authority to enter into some – but not many – treaties with foreign nations. It has no constitutional authority to enter into treaties respecting “climate change”. See: https://publiushuldah.wordpress.com/2009/10/27/climate-change-treaty-the-supreme-law-of-the-land-or-lawless-usurpation/

              But say some nut job State Governor thinks that “climate change” is so important that he must save the planet. So he writes an executive order which purports to adopt the Principles set forth in the unconstitutional treaty Obama pushed. The Executive Order doesn’t make the Governor or his State a “Party” to the Treaty! It’s just a nut job State Governor virtue signalling his concern over the environment.

              But a State Governor has only those powers which his State Constitution grants to him. I haven’t read Illinois’ Constitution but generally speaking, the Executive Powers require the governor to execute – carry out – the (Constitutional) laws made by the State Legislature. Generally speaking, a State governor has no authority to make law or issue dictates for the State at large! So, for that reason, the Executive Order is probably unconstitutional.

              But it doesn’t violate Article I, Sec. 10 because it doesn’t make the State of Illinois a “Party” to anything.

              I hope this helps!

              Like

              Comment by Publius Huldah | November 25, 2023 | Reply

              • thank you , that was very informational and made it clearer to me. i may have got off track a bit because i truly believe it is unconstitutional but i wasnt looking at the proper constitution. thank you for getting me to think about the real direction

                Like

                Comment by hippie49 | November 25, 2023

              • You are so welcome!!!!

                Like

                Comment by Publius Huldah | November 25, 2023

              • i think what he did was made the executive order to encourage these law makers to create laws little by little that are in accord to the paris climate treaty being in the order the use of paris climate treaty and trump make it about politics and not about anything else… just another kick at trump

                Like

                Comment by hippie49 | November 25, 2023

              • That could be. State Constitutions generally (and foolishly) grant almost unlimited powers to the State Legislature. The Legislature’s power is limited ONLY by various provisions in the US Constitution, and by the State’s Declaration of Rights (and other provisions in the State Constitution).

                Like

                Comment by Publius Huldah | November 25, 2023

              • thank you for your patience too and explaining it so well

                Like

                Comment by hippie49 | November 25, 2023

  10. Hello Ms. Huldah,
    Hope you are doing well and thank you for all you do for us. I have so many topics I would love to ask you about, but the one I’m so concerned about for now is about the 2 former Trump lawyers pleading guilty in Georgia to election interference. I just can’t believe it. Donald Trump with his team of lawyers has tried to use the courts to get to the bottom of what happened in so many precincts during the 2020 election. I believe he wanted to get to the truth. Now we see 2 of those lawyers admitting election interference. Can you give us your thoughts on this?

    Like

    Comment by donna0804 | October 26, 2023 | Reply

    • Yes, I can. Sidney Powell explained her reasons, in a newsletter she sends out, for pleading guilty. She was charged with some 7 felonies. She was innocent of all charges. However, you have to be a multi billionaire to defend yourself in federal court. No one else can afford the legal fees. Also, we can no longer have any faith in federal judges or federal juries. The federal criminal “justice” system is rotten to the core. That is not an exaggeration. Sidney couldn’t take the chance of a corrupt federal judge and a brain-dead corrupt jury finding her guilty on even one of the 7 charges. So she plead guilty to a misdemeanor.

      I don’t know the specific facts of the other Trump attorney’s case. However, as a former criminal defense attorney, I can assure you that when faced with such circumstances – a corrupt federal judge and the modern day brain-dead literally insane American people [look at what they believe! – a man can have periods and can get pregnant?], I would not protest if a client of mine decided to do the same.

      The US federal criminal court system has nothing – nothing – to do with Justice. It is about punishing those who challenge the Communists who have taken over our Country.

      Liked by 1 person

      Comment by Publius Huldah | November 2, 2023 | Reply

  11. Hi PH, I hope you are enjoying the fall weather. My question and comment concerns the power of the Speaker of the House. From the Constitution Center: “The Constitution’s Article 1, Section 2, spells out a very broad role for the Speaker: “The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.” The Founders’ vision appeared to be for the Speaker to serve as a parliamentarian and peace maker, more along the lines of the Speaker in the British House of Commons. There wasn’t a detailed description of the Speaker’s role in The Federalist, the collection of essays written by Alexander Hamilton, James Madison, and John Jay. But the role changed as the political scope of the national government grew as the Founding era ended.”

    From a KrisAnne Hall JD post: “5 Things You Need to Know About the Speaker of the House:

    1. The Speaker has been granted the voting authority equal to 5 votes in most committees.
    2. The Speaker has an unfettered authority to determine what bills get voted on or not.
    3. The Speaker controls & dictates committee appointments.
    4. Party members are expected to obey the commands of the Speaker or they do not get any committee appointments or bills to the floor
    5. The Speaker is third in line to be President. ”

    I am shocked at the dictatorial power of the house speaker, he might as well be King if he/she has “unfettered authority to determine what bills get voted on or not.” That is outrageous, no one should have that much power. Neither house leader should have that much power, it effectively kills our representative democracy. I can see house speakers saying vote for this bill I want or your bill will never see the light of day; and other corruption. It also feels like a violation of separation of powers, but I can’t make a case by using the law of the US Constitution.

    My question is do you think the only way to rein in the speaker’s powerful authority is by amendment or is there constitutional law that I am missing which does. I realize the foolish house has over the years voted for the rules which gave the speaker oppressive power. The career politicians in the federal govt can’t trusted and feels like our enemy.

    Like

    Comment by Spense | October 5, 2023 | Reply

    • 1. The “National Constitution Center” is an agency of the federal gov’t: https://www.usa.gov/agencies/national-constitution-center
      They sponsored the “Constitution Drafting Project” https://constitutioncenter.org/news-debate/special-projects/constitution-drafting-project

      I would NEVER ever rely on them or cite them as an authority on the Constitution. They are enemies of our Constitution.

      2. The Constitution says what it says. Beware of permitting others to insert meanings which are not there. The Constitution doesn’t grant to the Speaker the powers your sources listed.

      3. Here’s the Truth: Article I, Sec. 5, clause 2 says, “Each House may determine the Rules of its Proceedings,…” I haven’t read the House Rules. But if there is a problem with the House Rules, then that is the fault of the Members of the House. It is most manifestly NOT the fault of our Constitution.

      4. As to succession to the Presidency: Article II, Sec. 1, clause 6, grants to Congress the power to determine by Law, what “Officer” shall act as President in the event of the death, etc., of the President & VP. Under the current version of the Presidential Secession Act, https://en.wikipedia.org/wiki/Presidential_Succession_Act, the Speaker of the House is named as third in line.

      However, Members of Congress are not “Officers” of the United States. They are Representatives of their respective States. Accordingly, the Speaker of the House (and the President of the Senate) are not constitutionally eligible to act as President in the event the President & VP die, etc.

      There is an interesting discussion of this constitutional issue in the Wiki Article I linked to. Problems and confusion result from the failure to distinguish between an “Officer” of the United States and a Representatives of a State. And people who don’t understand the difference presume to teach! They should read James 3:1 and learn before they teach!

      Like

      Comment by Publius Huldah | October 5, 2023 | Reply

      • PH, thanks so much for the education. I have to confess I was surprised to learn the house speaker is not eligible to act as president if the president and VP die, etc… I have long heard and thought it was fact. I seem to remember we were taught that in high school. I should have known better to assume it was true. I have to clarify something, I apologize for not being more clear. The list of 5 things was not meant to list constitutionally granted house speaker powers, just to show what unconstitutional powers(rules) the house voted in favor of. I will check out the Wiki article, it sounds enlightening. One of my favorite sayings is “you know so much that just ain’t so” This time it applies to me.

        Like

        Comment by Spense | October 5, 2023 | Reply

        • Few people understand the significance of the word “Officer” in Article II, Section 1, clause 6, US Constitution. Some who don’t understand the distinction between an “Officer” of the United States and a Representative of a State actually insist that Members of Congress can be impeached & removed from office! Article II, Section 4.

          They also ignore Article I, Sec. 5, clause 2, which provides that errant Members of Congress may be expelled by their House.

          Don’t worry about not knowing. We all had an atrocious education. I’ve just been working in this area for close to 80 years. and so that is how I learned a few things.

          Like

          Comment by Publius Huldah | October 5, 2023 | Reply

          • The Succession act of 1947 is unconstitutional in listing these unconstitutional officers in the succession too:
            Secretary of Defense
            • Secretary of Agriculture
            • Secretary of Commerce
            • Secretary of Labor
            • Secretary of Health, Education, and Welfare, 1965–1979
             → Secretary of Health and Human Services[51]
            • Secretary of Housing and Urban Development, since 1965
            • Secretary of Transportation, since 1966
            • Secretary of Energy, since 1977
            • Secretary of Education, since 1979
            • Secretary of Veterans Affairs, since 1988
            • Secretary of Homeland Security, since 2006

            I did find the discussion at Wikipedia helpful in clearing up the muddy water; where the Constitutionality heading begins. It made perfect sense. Thanks for posting the wikipedia link!

            Like

            Comment by Spense | October 11, 2023 | Reply

            • The officers you named are “officers of the United States”; but their positions are unconstitutional. Although it is constitutional and proper to make provisions for military persons or veterans who were injured while on duty. Though it’s absurd and unconstitutional to give them free medical care for life – the medical care should be restricted to service-related injuries, etc.

              I have often found Wikipedia articles to be truthful & helpful!

              Like

              Comment by Publius Huldah | October 15, 2023 | Reply

  12. Publius , can you some information about how the IRS was created and why . is it constitutional ?

    Like

    Comment by hippie49 | September 11, 2023 | Reply

    • 1. I assume that the IRS was created by Congress the same way the Departments of Education, Agriculture, Energy, HUD, HRS, EPA, etc., etc., etc., were created by Acts of Congress.

      2. The 16th Amdt made a tax on “incomes” constitutional. But I have been advised by two attorney friends who represented defendants in criminal tax cases, that at the time the 16th Amdt was ratified; “income” didn’t include wages. Think about it: when someone does a job for wages, he’s merely EXCHANGING his labor for wages – there’s been no “gain” – just an exchange.

      “Income” was restricted to such things as interest income, royalties, dividends, rents, and such like.

      But thru the years, the definition was [unlawfully] changed to classify wages as “income” – and so wages became considered as “taxable income”.

      But Courts will NOT PERMIT defense lawyers to make this argument! So Citizens would be foolish to rely on this argument as a defense. There is no Justice to be had in the federal criminal courts.

      3. The Constitution provides at Article I, Section 8, clauses 15 & 16 for the “Militia of the Several States” [Read my papers on the Militia https://publiushuldah.wordpress.com/category/militia/

      Clause 15 sets forth the 3 federal functions of the Militia: Execute the laws of the Union, suppress Insurrections and repel Invasions. So the handful of criminal laws which Congress is authorized by our Constitution to make See https://publiushuldah.wordpress.com/2009/06/29/us-criminal-code/ were to be enforced BY THE MILITIA!

      And remember that President George Washington personally commanded the Militia when they rode out to enforce the Whiskey Tax.

      So the Militia was to be the sole federal law enforcement. Not jackbooted thugs in federal agencies who break down doors, assassinate people, trash their homes, and shoot their dogs.

      But with the evil Dick Act of 1903, the Militia of the several states provided for in our Constitution was wiped out and replaced with the National Guard, which is nothing more than an adjunct of the federal military (provided for at Article I, Sec. 8, clauses 12 & 13). The States went along with this – after all, they got federal funds for doing so! And so, our Citizens’ Militia which was to be the sole federal law enforcement agency, was replaced by heavily armed jackbooted thugs in just about every federal agency of the US Government.

      We did ourselves in by our insatiable greed for federal funds and our being too lazy to read and learn our Founding Documents.

      The main purpose of the Militia of the Several States was to defend the State! In Federalist Paper no 46, James Madison says that, as the last resort, when the federal gov’t oversteps the limits in the Constitution the States must employ their Militia to defend their State from the fed gov’t.

      Liked by 1 person

      Comment by Publius Huldah | September 12, 2023 | Reply

  13. It seems the contemporary pattern of allowing foreigners to illegally or legally, on visa, enter the United States and illegally stay has been a major precursor to ineligible persons obtaining public office, public appointment, or public employ.

    Liked by 1 person

    Comment by Jean | September 11, 2023 | Reply

    • Yes, some people who have been and are running for President (and Vice President) don’t seem to be Natural Born Citizens. But that doesn’t prove that they are working for the CIA, etc.

      Like

      Comment by Publius Huldah | September 12, 2023 | Reply

  14. correction:
    Sentence 3, after the hyphen – should have read ineligible

    Like

    Comment by Jean | September 11, 2023 | Reply

  15. Marco Rubio is an intelligence agency (spy agency) operative. He’s also been on the Intelligence Committee in Congress. He is ineligible.
    Many of the foreigners, aliens, subjects, naturalized – all of whom are eligible to be president, vice-president or in succession, whereas, each must be eligible to be president, are operatives.
    They being operatives is an added reason why their ‘handlers’ (they for whom they are actually operating be it intelligence agency, police agency, military, foreign power, foreign military, foreign interests, special interests, undisclosed political group, industry, et al) is another reason there is such a fight and so much money and cheating to get them into a powerful position, keep them there, put them on key committees, have them run for president or vice-president and deny their ineligibility.

    Liked by 1 person

    Comment by Jean | September 11, 2023 | Reply

    • And how do you KNOW all that? Show us the Proof.

      Like

      Comment by Publius Huldah | September 11, 2023 | Reply

  16. Maybe I missed this so I apologize if I did, but what are your thoughts on Vivek Ramaswamy” and is he even eligible to be president?

    Like

    Comment by Blake | August 27, 2023 | Reply

    • I believe that he is a fraud – he’s telling Conservatives what they want to hear. If he were a constitutionalist (as he pretends), he’d produce his parents’ naturalization papers and his own birth certificate. https://thenewamerican.com/opinion/vivek-ramaswamy-not-constitutionally-eligible-to-be-president/

      Someone posted his speech to his graduating class from high school and it is creepy: totally devoid of any meaning; but polished in delivery and style. https://www.ar15.com/forums/general/Vivek-Ramaswamy-high-school-graduation-speech/5-2663493/

      Like

      Comment by Publius Huldah | August 27, 2023 | Reply

      • Additionally,
        (1) In spite of Vivek’s claim to be “deeply” knowledgeable of the Constitution, I have NEVER heard him even MENTION Art 1, Sec 8 (enumerated powers). And I’ve listened to HOURS of his statements. His stance on the Dept of Education would be the PERFECT opportunity to raise this point!!

        (2) He cites court opinions and USC STATUTES rather than Art II, as explanations and justification of presidential powers,

        (3) He condemns Dept of Ed (rightly) yet has no problem transferring its bureaucrats to Dept of Labor which is an equally unconstitutional agency as outside Art I, Sec 8 authority.

        I’m not convinced he is a wolf in sheep’s clothing, however, like Trump, his Constitutional literacy is NOT as advertised. Even when his intention is correct, his premise is wrong. Treating symptoms of unconstitutional government rather its underlying cause is NOT a long term solution.

        Entrepreneurs routinely participate in unconstitutional acts (e.g subsidies, fed regulations, etc). They were “taught” to “work within the corrupted system”. Having succeeded under such scenarios, it’s difficult for them to embrace constitutional government. While they may condemn regulations, they benefit in the form of limited competition and federally segregated markets. (How many of his company’s medications were purchased under Medicare/Medicaid Insurance?)

        Candidates from the business sector focus on efficiency, ROI (return on investment) and market share more so than Constitutional governance. Yes, they are problem solvers, however, Constitutional Literacy is NOT typically in their tool arsenal. It has been said, “When your only tool is a hammer, every problem becomes a nail!”

        The solution to tyranny is moral revival. A observance and obedience to fixed objective standards, Not a “super hero” elected by an immoral constitutionally illiterate society.

        Blessings,
        Mark

        Like

        Comment by Mark | September 5, 2023 | Reply

        • Your words are True. But I think Vivek is a total fraud – like Ted Cruz.

          Liked by 2 people

          Comment by Publius Huldah | September 5, 2023 | Reply

          • Agreed. True, “[Ramaswamy] is a total fraud….” and worse than.

            Like

            Comment by Jean | September 11, 2023 | Reply

  17. Have no idea how the Biden Regime can so cavalierly develop a digital currency with no effective resistance from the Legislature. To me Art I Sec 8 talks about “coining money”but nothing about a totalitarian digital currency. How can it be stopped legally? What entity can step up with “standing” to do so. The litany of overreach by this Regime is unfathomable and outrageous. What can be done, short of secession or worse?

    Liked by 1 person

    Comment by jim delaney | August 11, 2023 | Reply

    • I wrote about this issue during 2019: https://www.renewamerica.com/columns/huldah/191002

      Under the USMCA “Trade Agreement” which Donald Trump signed and pushed and Congress endorsed, the United States surrendered it’s power over our monetary system and our Economy to the International Monetary Fund. I warned and warned. But Trump supporters such as “Sundance” at the so-called “Conservative Tree House” deleted links to my papers which warned of the USMCA “Trade Agreement” and temporarily took posting privileges away from someone who several times attempted to post links to my 3 papers warning of the USMCA “Trade Agreement”. My US Senator Marsha Blackburn (R, Tennessee) REFUSED to meet with me and her Chief of Staff for her Tennessee office also declined to meet with me.

      Nobody wanted to hear anything bad about Trump.

      Yes, digital currency is unconstitutional! But no one would pay attention when the above was going on.

      Years ago, Edwin Vieira, J.D., Ph.D., who saw that the federal reserve system couldn’t possibly survive, began warning States that they should set up an alternative monetary system based on gold & silver. But of course, everyone ignored him.

      And so now we will pay the price.

      Liked by 1 person

      Comment by Publius Huldah | August 11, 2023 | Reply

      • All treaty’s must be in pursuance to our constitution.. coining means to physically make it. Any treaty saying otherwise would be void.. Federalist 78. Yes?

        Like

        Comment by hippie49 | August 11, 2023 | Reply

        • The President & the Senate have no constitutional authority to delegate to a global body a Power which WE The People granted to the President and the Senate.

          Do read Edwin Vieira’s “Cross of gold” series which I linked to in my paper at Renew America.

          Like

          Comment by Publius Huldah | August 11, 2023 | Reply

        • PH, please permit me to nag you a little more on the subject of digital currency. Basically, am looking for a remedy to this overreach.

          1. Hypothetically, and assuming a majority of Senators are miraculously imbued with faithfulness and common sense, could the Senate override the unconstitutional USMCA, or at least those provisions pertaining to IMF and digital currency?

          2. Hypothetically, and again assuming a miraculous surge of faithfulness on the part of the individual States, could States simply refuse to participate in a digital currency regimen and, as Dr. Viera suggested, establish their own currency backed by gold and silver?

          3. Who or what entity would have standing to appeal to the Supreme Court for its opinion regarding the constitutionality of USMCA or of those specific provisions?

          4. Or is there NO remedy, and we must live with it? Seems to me that absent one of the above remedies, our only options are a 10-million patriot march to and sit-in in DC, revolution or secession?

          Frustrating. Thanks, PH, for your patience and learned responses.

          Like

          Comment by jim delaney | August 12, 2023 | Reply

          • Notice that I reformatted your question.

            1. Yes, Congress may repudiate the USMCA Trade Agreement and withdraw from that unconstitutional transfer of American Sovereignty to global gov’t. It would do no good to withdraw from only a part of it. Read the earliest of my 3 papers on the USMCA Trade Agreement and you will see why. https://publiushuldah.wordpress.com/category/usmca-trade-agreement/

            2. Yes, of course! Vieira’s advice is still solid gold. But the State governments would have to be willing to give up their precious federal funds because those federal funds will be in the form of digital currency.

            I say giving up federal funds would be one of the two best things States could do as it would free them from federal control. I knew when I was 18 that federal strings come with federal funds.

            Individuals will be faced with a decision to make: If they want to keep (for a while) their charge cards, bank accounts, unconstitutional and immoral social security and Medicare funds, and to shop at WOKE stores, then they will have to participate in the digital currency system.

            But once the Great Reset is introduced, they will be stripped of all that they own in exchange for subsistence handouts from the gov’t- but only for as long as they “behave”.

            3. A pox on the Supreme Court! We don’t need their permission. James Madison was emphatic: That the Supreme Court is merely a creature of the Constitution and is completely subject to its terms. And when any Branch of the federal gov’t violates the Constitution, the States have the natural right, of their own authority, to refuse to submit to the unconstitutional act. And that includes Opinions of the Supreme Court. The States are the final judge as to whether those Opinions are constitutional or not.

            The Supreme Court is NEVER the final authority on whether an act of any Branch of the fed gov’t is constitutional. See my flyer on nullification: https://publiushuldah.files.wordpress.com/2021/04/nullification-the-original-right-of-self-defense-1.pdf

            4. Change your mindset! WE too, can man up and throw off those chains. Become self-sufficient. Move to a rural area. Grow food. Barter. Live like the Amish. I’ve visited their communities and I believe they have better lives than we do. [Except for the lack of indoor plumbing. But one can set up roof-water rain collection system for an indoor flush toilet which could be used at night and during inclement weather. For daytime, use an outhouse. People used those for thousands of years – and the human race survived.]

            Far better an Amish lifestyle than to live under the Great Reset where we will own nothing and be totally dependent on the gov’t for food, water, shelter, etc. and subject to their requirements of behavior.

            Revolution or Secession aren’t the answer. We got the fed gov’t we wanted and voted for. We wanted the handouts and the “safety net”. WE are the ones who implicitly changed our National Motto from, “In God We Trust” to “Take it from somebody Else and give It To Me”.

            Now the Chickens are coming home to roost. The solution is for us as individuals to stop taking their handouts! We need to reorganize our lives so that we stop being dependent on the fed gov’t for what we need to live.

            Then we can recover.

            Liked by 1 person

            Comment by Publius Huldah | August 16, 2023 | Reply

      • So, if a State sets up an alternative gold currency, at least that State wouldn’t be subjected to the heavy-handed Central Bank digital currency scheme, right. AND am guessing that since Congress gave away the store (USMCA), it would not be inclined to undo the damage. Every day I yearn for secession. Have upped my donations to the TNM. I am tired of what seems to be a losing battle with Leviathan.

        Like

        Comment by jim delaney | August 11, 2023 | Reply

        • But the States, the Counties, the farmers, the hospitals, the People, the Universities, and everyone else, are the ones who enthusiastically sold their reserved powers to the fed gov’t. They did it for the money. The fed gov’t isn’t the villain. WE are. We are the ones who sold our Birthright for handouts. So Secession wouldn’t solve our problems. A great part of the solution is for all of us to STOP taking the money! This Arkansas State Senator understands the problem and the solution: https://rumble.com/v2knkok-senator-bryan-king-says-no-to-article-v-convention.html

          What’s TNM?

          In my published paper, I linked to Vieira’s “Cross of Gold” series – where he speaks of the monetary system States should set up.

          Liked by 1 person

          Comment by Publius Huldah | August 11, 2023 | Reply

  18. Dearest PH,
    Regarding a presidential pardon of the Jan 6 political prisoners, I too am curious that President Trump did not issue a pardon.
    Art 2, Sec 2 lists among other Presidential powers “…Power to grant Reprieves and Pardons for Offences against the United States,…”

    Not being an expert legal analyst myself, is there any basis which would have precluded such a pardon? For example, I am under the impression that at least some of the prisoners were not charged, let alone tried or convicted. If this be so, would the absence of a trial or conviction in such cases obstruct a pardon?

    Also, it appears some of the prisoners plead guilty. Would such a plea likewise preclude a pardon?

    If the above conditions do not preclude a Art II,Sec 2 pardon, then I am left with the inescapable conclusion that refraining from such pardons was a political decision based upon no more than political fallout, in which case my respect drops considerably.

    The situation for these political prisoners is appalling and indicative of tyrants. The ONLY good I can see is that (to those still blessed with the capacity of free thought) the incident serves as a lesson in not simply supporting a cause or candidate based on “party” affiliation, but upon Constitutional literacy, morality, and a desire to adhere to fixed objective standards. If a handful of miscreants can don the opposing team’s jersey and lose the game, then it becomes more obvious that “electing more republicans” is NOT a recipe for success, but rather a trap laid for the feeble minded minions.

    Blessings,
    Mark

    Liked by 1 person

    Comment by Mark | August 5, 2023 | Reply

    • He could have pardoned everyone who had been charged by the time he left office.

      If I had drafted the pardon documents for him; I would have also pardoned any as of then uncharged defendants. I doubt it would be have been legally effective as a “pardon”; but as a former criminal defense attorney, I would make use of it had I represented defendants who were charged after Trump left office.

      Those guilty pleas were coerced. I saw the charging documents for one of the January 6’ers. The defendant was GROSSLY over charged, with offenses leading up to half a century of imprisonment. Yet, how can they afford a lawyer to fight it? Very few can.

      the federal criminal “justice” system is totally politicized and corrupt. And corrupt politicized federal district court judges permit it – they go along with it.

      He has no excuse for not also pardoning Assange. Trump pardoned his daughter’s father in law, who had been convicted of some type of fraud scheme.

      Liked by 1 person

      Comment by Publius Huldah | August 6, 2023 | Reply

  19. Hello Ms. Huldah,
    Hope you are doing well and thank you for all you do for us. My question is this: We’ve seen this week, Senators getting confused, Dianne Feinstein, and another freezing up, Mitch McConnell. Both Senators had to be helped by staff. So now we’re hearing calls for a Constitution Amendment to put age limits on Members of Congress. I’m not sure if it includes the Presidency. What’s your opinion on this? If I can guess, I think your answer is “no”. You will tell us it is up to “we the people” to vote for whoever we want and if we’re that stupid to put old senile people in Congress, then that’s what we get. (I don’t mean to be disrespectful to the elderly, it’s sad to watch them and my heart goes out to them).

    Like

    Comment by donna0804 | July 29, 2023 | Reply

    • I don’t think The People have any power over the outcome of elections. The people who control the voting machines and the Establishment Media are the ones who determine the outcomes of elections. They are the ones who put Finestein, Pelosi, and McConnell back in office.

      The pro convention lobby proposes amendments designed to appeal to people in order to get support for their push for an Article V convention where they plan to impose a new Constitution. But of course, they don’t tell us what their true aim is. They go for something popular like telling us we can get amendments to get rid of senile old drunks like Pelosi, etc.

      Of course, we don’t really know what is the matter with those people. I’m old and still have my wits about me! Maybe what’s happened to those 3 is the punishment from God as promised in Romans Ch. 1.

      Like

      Comment by Publius Huldah | July 29, 2023 | Reply

« Older Comments

Leave a reply to Pam Cancel reply