Publius-Huldah's Blog

Understanding the Constitution

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

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

December 5, 2019 Posted by | Alan Keyes, Article V Convention, Convention of States project, Council on Foreign Relations, Globalism, gun control, IAMtv, North American Union, Publius Huldah, Red Flag Laws, USMCA Trade Agreement | , , , , , , , , , , | 1 Comment

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

By Publius Huldah

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

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1933, when the promise (set forth in §16 of the Federal Reserve Act of 1913) to redeem Federal Reserve Notes in gold was revoked as to domestic holders; 3 and culminated during 1971, when redemption of the Notes in gold to international holders was also suspended.4

Once the statutory promise to back Federal Reserve Notes with gold was rescinded, the sky was the limit on how much fiat “money” the Fed could create, lend to the US Treasury (and be added to the national debt), in order to fund still more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

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

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

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

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

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

The IMF is an institution in the United Nations system.

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

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

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

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

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

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

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

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

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

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

2. What our Constitution provides about money

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

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

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

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

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

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

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

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

3. Why the Federal Reserve System was established

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

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

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

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

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

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

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

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

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

4. What States can do

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

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

Open your eyes, Americans. Time is running out.

 

Endnotes:

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

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

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

4 See 31 USC §5118.

5 The Fed Has Lost Control

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

7 See Joan Veon HERE:

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

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

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

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

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

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

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

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

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

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

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

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

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October 6, 2019 Posted by | Edwin Vieira, Federal Reserve Act of 1913, Globalism, gun control, IMF Articles of Agreement, International Monetary Fund, Marco Rubio, Red Flag Laws, The Fed, United Nations, USMCA Trade Agreement | , , , , , , , , , , , , , , , , | 27 Comments

From Duty to be Armed to Permission to Carry

By Publius Huldah

“If the central government has the authority to tell a state it must accept permits from all the other states, then it also has the authority to tell a state it may not accept a concealed permit from any other states. If the central government can do these things it can set up a national concealed carry permit scheme and in essence bring into existence a national arms registry. That is exactly where this is headed.” Attorney Richard D. Fry 1

Some are touting the federal Concealed Carry Reciprocity Act of 2017 (HR 38) as a bill which would expand our right to carry. But if you will walk with me for a few minutes, I’ll show you a better path to take.

Let us look at the applicable First Principles, to which I propose we return.

1. Gun control is not an enumerated power delegated to the federal government

Our federal Constitution doesn’t delegate to the federal government any power over the Country at Large 2 to restrict our arms. Accordingly, all pretended federal laws, regulations, orders, opinions, or treaties which purport to do so are unconstitutional as outside the scope of powers delegated. They are also unconstitutional as in violation of the Second Amendment.

The only power the federal government has over the Country at Large respecting arms is set forth at Article I, §8, clause 16 with respect to providing for the “organizing, arming, and disciplining, the Militia”. Pursuant to this clause, Congress passed the Militia Act of 1792 which required every able-bodied male citizen (with a few exceptions) between the ages of 18 and 45 to acquire a rifle, bayonet, ammo, ammo pouch, and report to his local Militia Unit for training. 3

2. What does your State Constitution say about the right to keep and bear arms?

Each State has its own Constitution which addresses its State Militia and the right to be armed.

Now listen: No State may lawfully make any law which contradicts its State Constitution or which interferes with Congress’ power to “organize, arm, and discipline, the Militia”.

Accordingly, any State Statute which purports to require a permit before one may carry a gun is probably unconstitutional under that State’s Constitution; and is certainly unconstitutional under the federal Constitution because Congress may lawfully require able-bodied male Citizens to acquire firearms and ammo and report to their local Militia Unit for training!

Do you see?

Now let’s look at Title 18, US Code, Part I, Chapter 44, which HR 38 proposes to amend.

3. Title 18, US Code, Part I, Chapter 44 is unconstitutional

It sets up a complex federal regulatory scheme over firearms, every word of which is unconstitutional as outside the scope of powers delegated, and as in violation of the Second Amendment.

HERE it is, look through it (§§ 921-931).

4. What HR 38 actually does

HR 38 proposes to amend this existing federal regulatory scheme to insert a new provision [to be § 926 D] to require States which have a statute which permits residents of their State to apply for a permit [!] to carry a concealed firearm

to allow persons from other States:

· who aren’t prohibited by federal law from possessing firearms [!]; and

· who are carrying a photographic ID issued by a government body [!]; and

· who are carrying a concealed carry license or permit from the other State [!],

to possess or carry a concealed handgun (other than a machinegun or “destructive device”) which has been shipped or transported in interstate or foreign commerce.

So! Even though a State Constitution, such as that for Connecticut, 4 prohibits the State Legislature from making ANY laws restricting firearms (such as imposing requirements for registration, a permit, government issued photo ID), a Citizen of Connecticut who exercises his constitutionally recognized right to carry without registration or a permit or a government issued photo ID, wouldn’t qualify under HR 38 for concealed carry in another State.

To qualify for concealed carry in other States, the Citizen of Connecticut would need his State Legislature to pass a law [which is unconstitutional under the Connecticut and federal Constitutions], so that he could comply with an unconstitutional federal statute [HR 38], so that he could carry in other States which also would have to pass unconstitutional laws imposing permit requirements on those who carry concealed.

Do you see how a God-given right [self-defense] is thus converted into a privilege which is regulated, granted, or denied, by civil government?

HR 38 also provides that any person carrying a concealed handgun in a State under the reciprocity provisions may also carry concealed in the public parts of National Parks and certain other lands under federal control. Lest you think this a gain, consider that: (1) The Constitution doesn’t authorize the federal government to operate national parks and such like, and (2) the federal government has no lawful authority to impose registration requirements for carrying arms anywhere!

5. What’s the solution?

Read our Declaration of Independence and federal Constitution. Then you won’t fall for unconstitutional gimmicks like HR 38.

The gun rights organizations could perform valuable services to our Country by working for:

· the repeal of the entire unconstitutional federal regulatory scheme respecting arms;

· the repeal of all unconstitutional State regulatory schemes;

· the revitalization of the State Militia to replace the federally controlled National Guard; 5 and

· by providing more classes for Citizens in arms training.

And please stop lobbying for unconstitutional federal legislation!

Endnotes:

1 From the late Attorney Richard D. Fry’s email of Dec. 10, 2015 to US Senator Moran, a co-sponsor of SB 498, the Constitutional Concealed Carry Reciprocity Act of 2015. Richard, who was my Friend, sent me a copy of his letter.

2 Pursuant to Article I, § 8, next to last clause, Congress has general legislative powers over the District of Columbia, military bases, dock yards, mints, federal courthouses and post offices, and such other places needed for Congress to exercise its enumerated powers. The exercise of such powers by Congress over these small federal enclaves is restricted by the Bill of Rights – including the 2nd Amendment. So Congress is prohibited from making, for these federal enclaves, any laws which infringe the Right of The People to keep and bear Arms. Congress may properly require individuals visiting federal prisons, the psych ward of military hospitals, the mint, federal courthouses, and such like, to leave their arms in their vehicles. But Congress may not require Citizens to obtain and carry a permit or photo ID as a condition precedent to carrying a firearm.

3 The “Militia of the several States” were creatures of State Statutes – not of the federal government. Dr. Edwin Vieira’s short video shows how the State Militia were replaced by the federally controlled National Guard.

4 The Constitution of the State of Connecticut says at Article I: “SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.”

5 See A SERIOUS QUESTION FOR THE NRA, by Dr. Edwin Vieira, re revitalization of the Militia of the several States. Dr. Vieira’s mind is a delight.

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July 19, 2017 Posted by | 2nd Amendment, concealed carry reciprocity act, gun control, Militia | , , , , , , , | 81 Comments

Treason, Cowardice, and the Islamic Invasion: Why States Must Revitalize The Militia

By Publius Huldah

To All State Governors and State Legislators:

War is coming to America. Obama is importing young able-bodied males to make civilizational jihad on us; and Congress can’t summon up the moral courage to stop him.

To see what is ahead for us, watch this 20 minute video. It depicts the Islamic takeover which is right now going on throughout Europe as European countries are being repopulated by millions of young able-bodied Muslim males (euphemistically called “refugees”) who are explicit about their intention to breed the native Europeans out of existence, and replace the European cultures with Islamic culture.

And Obama is bringing it here.

This paper discusses the two courses of action set forth in Federalist Paper No. 46 for situations such as this: (1) The States must refuse to cooperate with the federal government; but if that doesn’t solve the problem, (2) The States must use their State Militia to defend their State and Citizens.

Invaders are not “Refugees” or “Immigrants”

Those pushing for an Islamic takeover of Europe and North America are referring to these able-bodied young Muslim males as “refugees”. The use of that term brings the Muslims who are brought into the United States within the federal Refugee Resettlement Act. And since the Constitution delegates power over immigration to Congress, and Congress re-delegated refugee policy to the President, the States must submit to Obama’s Will and accept the “refugees” he forces on them. Thus goes the specious argument recently made by Ian Millhiser.

But we will look at the Truth.

What does our Constitution say about Immigration and Naturalization?

Immigration (or migration) pertains to new people coming to this Country to live.1 Naturalization refers to the process by which an immigrant becomes a Citizen.

Our Constitution does delegate power over immigration and naturalization to Congress. Article I, §9, clause 1, delegates to Congress (commencing January 1808) power to control migration. 2 Article I, §8, clause 4, delegates to Congress power to establish an uniform Rule of Naturalization.

But what is going on now with the importation of large numbers of able-bodied young Muslim males is not “immigration” as contemplated by our Constitution. It is an act of war being committed against the People of the United States by their President. The plan is to overthrow our Constitutional Republic and set up an Islamic Caliphate over America. 3

That is Treason – it is Insurrection. It is not “immigration”, and it is not “refugee resettlement”.

The States must refuse to cooperate

Michael Boldin’s recent informative article explains how the federal resettlement program works: The federal government coordinates resettlement of “refugees” with non-governmental organizations (NGOs) located within the States, and thus circumvents state and local governments. Accordingly, the States should promptly stop all such NGO involvement; take control of the programs themselves; and then refuse to cooperate with the federal government.

James Madison, Father of our Constitution, spells this out in Federalist No. 46 (7th para). Respecting unpopular acts of the federal government:

“…the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.” [emphasis mine]

But if the federal government persists, then the States must move to the next Step.

Our Constitution Imposes the Duty on the Federal Government to protect us from Invasion

Article IV, §4, requires The United States to protect each of the States against Invasion:

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…” [emphasis mine]

In Federalist No. 43 (3rd para under 6.), Madison says of this provision:

“A protection against invasion is due from every society to the parts composing it…” [emphasis mine]

Article I, §8, clause 15 delegates to Congress the power:

“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.

Article 1, §8, clause 16 delegates to Congress the power to provide for organizing, arming, and disciplining, the Militia. The States retain the power to appoint the Officers and conduct the training.

Article II, §2, clause 1 makes the President Commander in Chief of the Militia of the several States, when called into the actual Service of the United States. [But remember: the federal government may call forth the Militia only for the three purposes listed in Art. I, §8, cl. 15].

But the federal government hasn’t called forth the Militia to protect the States from the Islamic invasion. To the contrary, the President is importing the invaders and foisting them on the States.

So! What are States and The People to do? Because the President is aligned with the invaders, and Congress filled with moral cowards, must we passively submit to having ourselves and our Christian and Jewish children killed, and then let our surviving burka dressed daughters and granddaughters be handed over to the clitoris cutters?

No! The People have the Natural Right of self-defense; and the States have the reserved Power to defend their Citizens. With the State Militia, The People and the States have the means to exercise this Natural Right and reserved Power.

The States must Revitalize their State Militia

What is the Militia? As Dr. Edwin Vieira’s excellent series 4 on the Militia and how it guarantees the right to keep and bear arms shows, the Militia has a long history in America. That history began with the English settlements in the early 1600s. Every free male was expected to be armed and prepared at all times to protect himself, his family, and his community. Laws in the Colonies gave effect to this requirement. So at the time of the drafting of our Constitution in 1787, everyone knew of this 150 year long history of free American males being required to be armed, trained, and ready at a moment’s notice to answer the call of Duty.

Accordingly, the above identified “militia clauses” were written into our Constitution of 1787.

In 1792, Congress implemented these militia clauses and passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States”. This Act required all able-bodied male citizens (with a few exceptions) between the ages of 18 and 45 to get a rifle, bayonet, ammunition and an ammunition pouch, and enroll in the local Unit of their State Militia for training.

As Section 1 of the Act shows, the adult able-bodied male Citizens of a State are The Members of their State Militia. So, continuing the long-standing colonial tradition, Members of Congress in 1792 thought it such a fine idea that all male citizens be armed and trained and members of their State Militia, they required it by federal law!

So! As Art. I, §8, cl. 15 shows, Congress is authorized to provide for calling the Militia into national service to “execute the Laws of the Union, suppress Insurrections and repel Invasions”. But what if the federal government refuses to act?

Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the Citizens of the States from threats to their liberties posed by the federal government (7th & 12th paras); and that the States’ reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9th para).

And on the use of the Militia to repel Invasions, Hamilton says (13th para):

“In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition…”

True, it was contemplated that the “United States” would be the entity which protects the States against Invasion (Art. IV, §4). But when the federal government has demonstrated its determination that the States ARE TO BE OVERRUN BY INVADERS, then the People have the natural right to defend themselves, and their States have the retained Power to employ the Militia to defend them from those into whose hands the federal government has demonstrated its determination to deliver them.

The States are within their retained Sovereign Power to call up their State Militia to fend off invaders. Article I, §10, last clause, is an expression of this retained sovereign Power of States of self-Defense:

“No State shall … engage in War, unless actually invaded…”

Clearly, the States may use their State Militia to engage in War to defend the States from Invasion.5

James Madison spoke to the same effect as Hamilton respecting federal tyranny. In Federalist No. 46 (9th para), Madison speaks of a federal government so consumed with madness that it sends its regular army against the States:

“…Let a regular army … be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. … [To the regular army] would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. … Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms [an insurmountable] barrier against the enterprises of ambition…” [boldface mine]

Look to Your State Constitution for Provisions re Your State Militia

Article VIII of the Constitution for the State of Tennessee provides for Tennessee’s Militia. Consistent with the tradition which has existed in this Country since the early 1600s, all Tennessee Citizens are members of this Militia. Article I, §28, TN Constitution says:

“That no citizen of the state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.”

Read your State Constitution. What does it say about the Militia? What do the implementing State Statutes say? Is your State Militia active? Why not? For information on revitalizing your State Militia, see Dr. Vieira’s three part series, “Are You Doing Your Constitutional Duty For “Homeland Security”?

Conclusion

Madison closes his magnificent 9th paragraph in Federalist No. 46 with this:

“…Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.” [emphasis mine]

But we became “debased subjects of arbitrary power”. So now, will we lay down before the Invaders and Insurrectionists and those in our federal government who aid and abet them? Or we will man up, revitalize our State Militia, and show the world that we still have some “free and gallant Citizens of America” in this land?

Endnotes:

1 Our Framers contemplated that immigration would be restricted to people who shared our culture and values – e.g., Federalist No. 2, 5th para.

But Americans got conned into believing that an ideal culture is multicultural. Thus, with Teddy Kennedy’s immigration reform act of 1965, our borders were opened to all. We congratulated ourselves on our new virtues of “tolerance” and “diversity”. But the goal of the multiculturalists was to eradicate our unique Culture – we were too gullible to see it. So now, the enemy is inside the gates, and more are coming in. And Islam doesn’t tolerate multiculturalism.

2 “Open borders” adherents bristle at the assertion that Congress has constitutional authority to restrict immigration. They insist that Art. I, §9, cl. 1 addresses only the importation of slaves and says nothing about free immigrants. But the text distinguishes between “migrations” and “importations”, and the Duty is levied on “importations”, not “migrations”. Slaves, being “property”, were “imported”. Free Europeans “migrated”. The power of the States to determine such persons as it was proper to admit, expired January 1808. There are various letters and speeches from our early days confirming this. I’ll write it up when I get time (if this doesn’t turn on the light). For now, see Federalist No. 42 (6th para):

“…Attempts have been made to pervert this clause [Art. I, §9, cl. 1] into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice [the slave trade], and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none, but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.” [boldface mine]

Our Framers understood that the national government must be able to determine who is allowed to come here. That’s why Art. I, §9, cl. 1 delegates to Congress power to control immigration, commencing January 1808. And isn’t one of your complaints against the federal government that it has refused for so long to control our Borders?

3 See the website for The Center for Security Policy (Frank J. Gaffney) HERE. There you can read The Plan of the Muslim Brotherhood to infiltrate and take over all American Institutions. They are working to make this Country part of a global Islamic caliphate. Open your eyes NOW.

4 Do read all 8 of Dr. Vieira’s papers in this series. They get very moving.

5 “Troops” as in Art. I, §10, last clause, are professional full-time soldiers. States may not keep “Troops” absent consent of Congress. But the States’ Militia is a permanent State institution. The States retain their pre-constitutional powers over their Militia, subject only to the federal government’s limited supremacy set forth in the 3 Militia clauses [See Part 2 of Dr. Vieira’s paper HERE.] PH

December 2, 2015

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December 2, 2015 Posted by | armed citizens, Federalist Paper No. 46, gun control, James Madison, Militia, refugee resettlement | , , , , , , , , , , , , , , , , , | 38 Comments

Publius Huldah shows federal gun control is unlawful

 

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March 3, 2013 Posted by | 2nd Amendment, armed citizens, gun control, marque and reprisal, Militia, Resistance to tyranny, Tennessee Constitution | , , | 54 Comments

Gun Control, the Dick Act of 1903, Bills of Attainder & Ex Post Facto Laws

By Publius Huldah

The latest round of rubbish flooding our in boxes is an ignorant rant claiming that the Dick Act of 1903 (which the purveyors of rubbish claim respects our Right to be armed) can’t be repealed because to do so would “violate bills of attainder and ex post facto laws”.

Who dreams up this stuff? Does anyone check it out before they spread it around?

Of course we have the God-given right to keep and bear arms, to self-defense, etc., etc.  Our Declaration of Independence (2nd para) recognizes that our Rights come from God and are unalienable.

The 2nd Amendment to our federal Constitution recognizes that this God-given right to keep and bear arms is to be free from any interference WHATSOEVER from the federal government.

Our Framers were all for an armed American People – they understood that arms are our ultimate defense in the event the federal government oversteps its bounds.  See, e.g., what James Madison, Father of Our Constitution, writes in the second half of Federalist Paper No. 46!  The reason the Citizens – the Militia – are armed is to defend ourselves, our families, our neighborhoods, communities, and States from an overreaching, tyrannical federal government.

Accordingly, the federal government is nowhere in the Constitution granted authority to abridge, restrict, or infringe,  in any fashion whatsoever, guns, ammunition, etc. Thus, ALL such restrictive laws made by Congress, and ALL regulations made by the Bureau of Alcohol, Firearms, and Tobacco (ATF), are unconstitutional as outside the scope of the powers granted to Congress and to the Executive Branch by our Constitution. Restriction of arms and ammunition is NOT one of the “enumerated powers” delegated to Congress or the Executive Branch.

Furthermore, all pretended regulations made by the ATF are also unconstitutional as in violation of Art. I, Sec. 1, U.S. Constitution, which vests ALL legislative powers granted by the Constitution in CONGRESS.   Executive agencies have no lawful authority whatsoever to make rules or regulations of general application to The People!

In addition, the President and the Senate may not lawfully by treaty do anything the Constitution does not authorize them to do directly.   Since the Constitution does not authorize the federal government to disarm us, the federal government may not lawfully do it by Treaty.   See, https://publiushuldah.wordpress.com/2009/09/19/the-treaty-making-power-of-the-united-states/

But the assertion that one Congress may not repeal acts of a previous Congress is idiotic.

And the assertion that Congress can’t repeal the Dick Act because a repeal would “violate bills of attainder and ex post facto laws” shows that whoever wrote that doesn’t know what he is talking about. He obviously has no idea what a “bill of attainder” is, and no idea what an “ex post facto law” is.

This accurately explains what a “bill of attainder” is: http://www.historylearningsite.co.uk/Bill-of-Attainder.htm

An “ex post facto” law RETROACTIVELY criminalizes conduct which was not criminal when it was done.

Say you barbequed outside last Sunday. That was lawful when you did it. Next month, Congress makes a pretended law which purports to retroactively criminalize barbequing outdoors. So, now, what you did is a crime (for which you are subject to criminal prosecution); even thou when you did it, it wasn’t a crime. That is an ex post facto law.

Now, say Congress passes a pretended law making possession of firearms a crime and ordering everyone to turn in their guns. Only if you do not turn in your guns will you have committed a “crime”.  That is not an ex post facto law because if you turn in your guns, you won’t be criminally prosecuted. The “crime” is the failure to turn in your guns – not the prior possession of guns.

Such a law would be totally UNCONSTITUTIONAL, because gun control is not one of the enumerated powers of Congress. Thus, the law would be outside the scope of the powers delegated to Congress.

It would also be unconstitutional as in violation of the 2nd Amendment.

But it would not be an ex post facto law.  See postscript below!

People shouldn’t sling around terms, the meanings of which, they do not understand. It is immoral.

If TRUTH spread as rapidly as lies, our problems would have been resolved long ago.  But if People can come to love TRUTH more than they love the ignorant rubbish they circulate, perhaps it is not too late to restore our Constitutional Republic. PH

Endnote:

In Federalist Paper No. 84 (4th para), Alexander Hamilton says re ex post facto laws (and of the importance of the writ of habeas corpus):

“…The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny…” PH

Postscript added Jan 17, 2014:  None of us are infallible – all of us must be willing to rethink what we think we know.  I have rethought this and now believe that such a law would be an ex post facto law in violation of Art. I, Sec. 9, cl. 3 of the Constitution (if the Congress passed the law) or Art. I, Sec. 10, cl. 1 (if a State passed such a law).  At the time a person acquired the gun, it was completely legal to possess it.  To then make it unlawful to not turn in your guns – or to do as Connecticut did and say you have to register all your existing guns or it’s a felony – makes unlawful something which was lawful when you did it.  So mea culpa, Folks!  And never shrink from saying you were wrong when you were wrong.

Posted January 19, 2013; revised Jan 21, 2013; Jan. 17, 2014; May 22, 2016

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January 19, 2013 Posted by | 2nd Amendment, Bills of attainder, Bureau of Alcohol Firearms and Tobacco (ATF), Dick Act of 1903, ex post facto laws, gun control, Militia, Rulemaking by Executive Agencies | , , , , , , , | 58 Comments

   

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