Publius-Huldah's Blog

Understanding the Constitution

Coming to Yoakum Texas: Should we have an Article V convention?

yoakum-flyer

Come Hear The Pro and The Con Arguments regarding an Article V Convention.
 

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January 6, 2017 Posted by | Uncategorized | | 10 Comments

Balanced Budget Amendment: The Solution? Or Deathblow?

By Publius Huldah

The Balanced Budget Amendment (BBA) Made Simple

Say you want your Butler to buy some groceries; so you give him your credit card. You can:

1.  Give him an ENUMERATED LIST of what you want him to buy: 1 chicken, 5# of apples, two heads of cabbage, a 2# sack of brown rice, and a dozen eggs. Whatever amount he spends for these enumerated items will be charged to you.

2.  Tell him he may spend on whatever he wants, and ask him to please don’t spend more than 18% of your weekly income. But whatever amount he decides to spend (on pork and other things) will be charged to you.

The first illustrates how our Constitution is written: The items on which Congress is authorized to spend money are listed – enumerated – in the Constitution. To see the list, go HERE.

The second illustrates how a balanced budget amendment (BBA) works: It creates a completely new constitutional authority to spend on whatever the federal government wants to spend money on. And there is no enforceable limit on the amount of spending.

Our Constitution Limits Spending to the Enumerated Powers

Our Constitution doesn’t permit the federal government to spend money on whatever they want. If Congress obeyed our Constitution, they would limit spending to the enumerated powers listed in the Constitution. Since the Constitution delegates to Congress only limited and narrowly defined authority to spend money, excessive federal spending is not the result of a defective Constitution, but of disregarding the existing constitutional limitations on federal spending.

Because we have long ignored these existing limitations, we now have a national debt of some $20 trillion plus a hundred or so trillion in unfunded liabilities. 1

Various factions are now telling conservatives that the only way to stop out of control federal spending is with a BBA.

Obviously, that is not true. The constitutional answer is to downsize the federal government to its enumerated powers. Eliminate federal departments (Education, Energy, Agriculture, Environmental Protection Agency, Housing and Urban Development, etc., etc., etc.), for which there is no constitutional authority. 2

Since our Constitution delegates only a handful of powers to the federal government, most of what they’ve spent money on since the early 1900s is unconstitutional as outside the scope of powers delegated.

Yet our Constitution is still legally in place; and can be dusted off, read, and enforced by a Repentant People. They can shrink the federal government to the size established by the Constitution which created it. 3

Using the Federal “Budget” to Snap the Trap on an Unsuspecting People

Our Constitution doesn’t provide for a budget.

Spending is limited by the enumerated powers. Pursuant to Art. I, §9, clause 7, the Treasury is to publish periodic Statements and Accounts of the Receipts and Expenditures. Since the list of objects on which Congress is authorized to spend money is so short, it would be a simple matter to monitor federal spending and receipts.

But since the unconstitutional Budget & Accounting Act of 1921, Presidents and Congress have been putting into the “budget” whatever they want to spend money on.

Do you see that if the federal government is given constitutional authority (via a BBA) to spend money on whatever they want, they are ipso facto granted constitutional authority to exert power over whatever they want?

Oh, Americans! False friends lead you astray and confuse the path you should take. Under the pretext of imposing “fiscal responsibility” with a BBA, they would legalize the totalitarian dictatorship which has been developing in this Country for 100 years.

Creating the all-powerful federal government by Amendment

 Amendments supersede all language to the contrary in the existing Constitution.  For example, the 13th Amendment superseded Article I, Section 2, clause 3 & Article IV, Section 2, clause 3 because they were inconsistent with the 13th Amendment.

So a BBA, which would authorize Congress to spend money on whatever they or the President decide to put into the budget, would supersede the list of enumerated powers in our Constitution.

All spending on environmental regulation, education, welfare, abortions, etc., etc., etc., is now unconstitutional as outside the scope of powers delegated.  But with a BBA, if these items are put into the budget, Congress would then have lawful authority to spend money on them.

So a BBA would transform the federal government created by our Constitution from one of enumerated powers only, to one of general and unlimited powers because it would authorize Congress to appropriate funds for – and hence have power over – whatever they or the President decide to put in the budget!

A BBA Wouldn’t Reduce Federal Spending

A BBA wouldn’t reduce federal spending because:

· all versions permit spending limits to be waived when Congress votes to waive them; and

· Congress can always “balance the budget” with tax increases. Compact for America’s “balanced budget amendment” delegates massive new taxing authority to Congress: it authorizes Congress to impose a national sales tax and a national value added tax (VAT) in addition to keeping the income tax.

Typical Misconceptions

Americans think, “I have to balance my budget; so the federal government should have to balance theirs.”

They overlook the profound distinctions between the economies of their own family unit and that of the national government of a Federation of States. Our federal Constitution sets up a system where Congress is to appropriate funds only to carry out the enumerated powers; and the bills are to be paid with receipts from excise taxes and import tariffs, with any shortfall being made up by a direct assessment on the States apportioned according to population (Art. I, §2, clause 3).

Americans also think that since States have balanced budget amendments, the federal government should have one. They overlook the profound distinction between the federal Constitution and State Constitutions: 4

· The federal government doesn’t need a budget because Congress’ spending is limited by the enumerated powers. Congress is to appropriate funds to carry out the handful of enumerated powers, and then it is to pay the bills with receipts from taxes.

· But State Constitutions created State governments of general and almost unlimited powers. Accordingly, State governments may lawfully spend money on just about anything. So State governments need budgets to limit their spending to receipts.

Conclusion

A BBA would have the opposite effect of what you have been told. Instead of limiting the federal government, it legalizes spending which is now unconstitutional as outside the scope of the enumerated powers; transforms the federal government into one which has power over whatever they decide to spend money on; and does nothing to reduce federal spending.

Endnotes:

1 State governments are voracious consumers of federal funds. THIS shows what percentage of your State’s revenue is from federal funds. Contrary to what RINO State Legislators say, they don’t want federal spending reduced: They want to keep those federal dollars flooding in.

2 George Washington’s Cabinet had 4 members: Secretary of War, Secretary of Treasury, Secretary of State, and Attorney General.

3 Our federal Constitution is short and easy to understand. The only way you can avoid being misled is to find out for yourself what it says. Be a Berean (Acts 17:10-12).

4 In Federalist No. 45 (3rd para from end), James Madison said:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

Revised July 19, 2017

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December 28, 2016 Posted by | Amendments to the Constitution, Balanced Budget Amendment, federal spending, Federalist Paper No. 45, James Madison | , , , , , , , , , , , , , , | 18 Comments

Coming to Mason, Ohio: Should we have an Article V Convention?

Learn what the Founders intended our federal government to really be versus what it has become and learn how we need to fix it !

 

 

Come Hear The Pro and The Con Arguments regarding an Article V Convention.
Monday evening, November 14th come to Mason Fire Station 51 to hear arguments for and against holding an Article V Convention.
 
Steve Jones, a Board member for the Warren County Tea Party, will be giving the Pro side.
 
Publius Huldah, well known national speaker will be giving the Con.
 
Each speaker will get 35 minutes to give their arguments, then questions will be taken from the audience.
 
Please plan on attending this meeting to learn more about this very important subject. Bring someone with you.
 
Here are the details:
 
Mason Fire Station 51
4420 Mason Montgomery Road
Mason, Oh 45040
 
Doors open at 6:30 PM Eastern Time
Meeting starts promptly at 7:00 PM  Eastern Time
 
Everyone has their own opinion on this issue, but we will not tolerate personal attacks or disruptions of any kind. Please be supportive of open dialogue.
 
We look forward to seeing you there !

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November 9, 2016 Posted by | Uncategorized | 13 Comments

Virginia event on the deadly dangers of an Art. V Convention

Come to Colonial Heights, Virginia on Saturday, October 29, 2016!  And bring your friends and relations.

The Michael Farris/Mark Meckler/COS smear machine do not want you to hear me speak because I tell the Truth about the con they are pushing.

We will see if they personally contact the hosts and the wonderful sponsors who are arranging this event to try to get them to pull out and cancel this event.

All this fuss over an old lady who tells the Truth that some people don’t want heard?

So come to this event and also make a stand for Free Speech!

(Click on the photo to read it.)

ph-in-va

 

 

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October 20, 2016 Posted by | Uncategorized | 18 Comments

WHAT HAPPENS IF HILLARY DIES BEFORE THE ELECTION? WHAT HAPPENS IF SHE IS ELECTED, BUT DIES BEFORE TAKING OFFICE?

By Publius Huldah

The system we now use to elect presidents and vice presidents is unconstitutional. Our Constitution doesn’t permit political parties to hold primaries & national conventions to select nominees for their party.

Instead, the Electors of each State are to meet within their own State and THEY cast the votes for their State for president; and then in a second ballot, THEY cast the votes for their State for vice president. Then each group of Electors sends their list of persons voted for to the President of the Senate who, on a specified date, counts the votes.

The 12th Amendment specifies the procedures we are supposed to follow.

I have two papers on this: The most recent is here: https://publiushuldah.wordpress.com/…/trashing-the-12th-am…/

The earlier article I wrote on this topic illustrates with examples, precisely how the voting for president and vice president is to be done:  https://publiushuldah.wordpress.com/2012/02/09/national-popular-vote-goodbye-sweet-america/   and look under the subheading, The 12th Amendment Establishes Procedures For Voting By Electors.

So the Constitution doesn’t address what happens if Hillary dies before the election, because under the Constitution, her nomination [like Trump’s] is unconstitutional.

We abandoned the Rule of Law long ago.

We are now under the Rule of Man.   So the Democrat party will do whatever they want to do about replacing her if she dies before the election.

Section 3 of the XX Amendment addresses what happens if Hillary is elected but dies before she takes office:  Tim Kaine will be President.

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September 21, 2016 Posted by | 12th Amendment, 20th amendment, Election of President, Electoral College, Electors, Rule of Law, Rule of Man | , , , , , , , , , | 18 Comments

Constitution Day Patriot Fair in Mason, Ohio

If you are in the Cincinnati, Ohio area, then gather together your children and grand children, neighbors, and friends, and come to the Patriot Fair!  It’s the Constitution Day Patriot Fair in Mason, Ohio on September 17, 2016. I’ll be speaking twice. I would love to meet you.
It will be a fun filled family day with a profound purpose.

And I have been informed that Mr. and Mrs. James and Dolley Madison will be there.

POSTSCRIPT ADDED SEPTEMBER 8, 2016:  

My appearance has been cancelled.  Yes, some objected to my being allowed to speak about the Constitution at this “Constitution Day” event in Mason, Ohio, so I won’t be there.

SHAME, SHAME, SHAME.

 

Patriot Fair

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September 4, 2016 Posted by | Uncategorized | 10 Comments

Get your State Militia revitalized before it’s too late!

In all questions respecting the Militia, Dr. Edwin Vieira is the authority.  In the 7 minute video below, Dr. Vieira  shows us the difference between the State Militia and the State national guard.

I’m going through Title 58 of the Tennessee Code now compiling “The Tennessee Military Code of 1970”. We don’t have an active Militia (within the meaning of Art. I, Sec. 8, clauses 15 & 16 – and which James Madison described in Federalist Paper No. 46) here in Tennessee. All we have is the national guard which is an adjunct of the federal military (Art. I, Sec. 8, clauses 12-14).

When the islamists the obama administration is importing as fast as they can start the civil war here, we better have our own State Militia organized and ready to defend us. But those are not my words. JAMES MADISON SAID IN FEDERALIST NO. 46 that the purpose of the Militia is to defend us from the federal government.

Alexander Hamilton also said that when the federal government acts against our interests, we must look to our States to defend us (Federalist No. 28 and 29).

I call upon retired military men all over the Country and of all the various branches to get together and look into your State Constitutions and State Statutes and find out the Status of your State Militia. It may be that we will have to go back to the State Militia laws which were in effect before the State Military forces were federalized as a result of the Dick Act of 1902.

We better un-federalize our State military forces before the trouble starts.  We can not depend on the US military to defend us. Obama is purging the US Military of good men. All that will be left will be his thugs & bullies – and of course, transgender people and such like.

Freedom isn’t free – as we will soon find out.

You can find Dr. Vieira’s articles here:  http://edwinvieira.com/

And no, News with Views is not an “attack site with malware”. Some people don’t want you reading the articles they publish.

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May 10, 2016 Posted by | Dick Act of 1903, Edwin Vieira, Federalist Paper No. 46, Islamization (Islamification), James Madison, Militia | , , , , | 31 Comments

Dayton, Ohio event on May 2

To my Friends in the Dayton, Ohio area: I’m speaking there on May 2.

Now, listen up: I am an unaffiliated and unfunded little old lady who Michael Farris and Mark Mecker – with the seemingly endless stacks of cash available to the con-con lobby – do not want you to hear! They are so terrified of People hearing me speak that they have tried to get my events canceled or sabotaged. They have contacted hosts ranting and raving about how I shouldn’t be allowed to speak.

Ask yourself: WHY do they NOT want you to hear what I say?

Free speech is being wiped out in this Land – and it’s false friends and their minions who are doing it.

So strike a blow FOR the right to speak out boldly in the Public Square on matters of public concern and come to the May 2 event.  (click on the photo to enlarge)

dayton ohio flyer-page0001

April 26, 2016 Posted by | Uncategorized | 10 Comments

Event in Jefferson City, Missouri to speak on the con.

Please come if you can!  And tell your Friends and Relations in the area.  Click on it and it will get bigger.

Page1

 

April 4, 2016 Posted by | Uncategorized | 11 Comments

Trashing the 12th Amendment with the National Popular Vote

By Publius Huldah

The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text of the compact no longer seems to be set forth on the NPV website, we’ll look at the NPV bill now pending in Tennessee.

In a nutshell, the compact seeks to evade the 12th Amendment to our Constitution (where the States elect the President); and substitutes a national popular vote where inhabitants of major metropolitan areas elect the President.

The Constitution our Framers gave us

The federal government created by our Constitution is a Federation of Sovereign States united under a federal government for those limited purposes itemized in the Constitution; with all other powers reserved by the States or the People.

So that The States – The Members of the Federation – could maintain their independence and sovereignty, our Framers wrote these provisions into our Constitution:

  • State Legislatures were to choose the U.S. Senators for their State (Art. I, §3, cl. 1); and,
  • The States, as separate political entities, were to elect the President (Art. II, §1, cls. 2 & 3).

The People were to elect only their Representatives to the House (Art. I, § 2, cl.1).

James Madison explains in Federalist No. 45 (7th para), why this ensured that The States would maintain control over the federal government:

“The State governments may be regarded as constituent and essential parts of the federal government …Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. …Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments …” [boldface mine]

The result of State Legislatures choosing the U.S. Senators and controlling the election of the President [via the selection of Electors], was that the States would be able to control the federal government.

The 17th Amendment

But we threw away one of these safeguards when we foolishly ratified the 17th Amendment with the popular election of U.S. Senators. This is how The States – The Members of the Federation – lost their representation in Congress and their control of the Senate.

Art. II, §1, cl. 2 and the 12th Amendment

We abandoned the other safeguard when we foolishly ignored the procedures in the 12th Amendment where small bodies of specially chosen wise and prudent men (Electors) made the selections of President and Vice President for their State. We allowed Electors to become rubber stamps for the popular vote in their State.

Our Framers didn’t want popular election of the President because they recognized that People are easily manipulated by those who take advantage of their “hopes and fears”, to steer them towards candidates favored by powerful groups (Federalist No. 64 (3rd & 4th paras; Federalist No. 68, etc.)

Furthermore, under the 12th Amendment, the electoral votes of each State are split according to how the Electors vote. If Tennessee obeyed the 12th Amendment, it would work like this when selecting President: 5 Electors vote for Candidate X; 4 vote for Candidate Y; and 2 vote for Candidate Z. Those would be the vote totals for President which would be sent to Congress. The same procedures are to be followed in a separate vote for Vice-President. 1 The “winner takes all” practice followed in most States is unconstitutional!

How The National Popular Vote Scheme Will Work

Under the scheme incorporated in the NPV bill pending in Tennessee, all of Tennessee’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 States and the District of Columbia.

The wording of the compact is deliberately obscure. In plain English, this is what it does:

Art. II

Each Member State will conduct a statewide popular election for President and Vice President.

Art. III

(a) & (b) The State Election official in each Member State will add up the votes cast in all the States and the D.C. to get the total number of votes cast nationally for each presidential ticket. The State official will then designate the presidential ticket with the largest number of votes nationally as the “national popular vote winner”.

(c) & (g) Electors will then be appointed in each Member State who are to cast all their votes for the national popular vote winner.

So! If the popular vote in Tennessee is for James Madison, but the total national popular vote favors Adolf Hitler, then all of Tennessee’s 11 Electoral Votes are awarded to Adolf Hitler.

Indeed, the winner of the national popular vote will end up with all the electoral votes for every State.  And do not think that the winner will fail to claim a “Mandate” for whatever he wants to do.

 The States Can’t Lawfully Enter Into A Compact Which Violates The U.S. Constitution!

Every aspect of the NPV violates the 12th Amendment.  It sets up a method of electing the President and vice-President which is altogether repugnant to our Constitution.

Furthermore, Art. I, §10, last clause, prohibits States from “enter[ing] into any Agreement or Compact with another State” “without the Consent of Congress”.  So, whether the NPV Compact also violates Art. I, §10, last clause, depends on whether Congress consents to it. But Congress may not lawfully consent to unconstitutional compacts of the States!

Under The NPV Scheme, Votes From Major Metropolitan Areas Will Decide Presidential Elections.

Most of the Population of these United States is located in a few major metropolitan areas. Under the NPV scheme, these areas would decide the elections for President!

See this 3D map (scroll down) showing how the major metropolitan areas voted in a recent presidential election.

The NPV is not about “making every vote count”. The NPV is about guaranteeing that every future presidential election is decided by inhabitants of major metropolitan areas. And it further diminishes State sovereignty.

What Should We Do?

Repeal the 17th Amendment. We must henceforth elect to Congress only those who are committed to repealing the 17th Amendment. This is the only way The States can regain control of the Senate.

Return to the 12th Amendment. We must dismantle the present unconstitutional and corrupt system and return to the method of electing the President and Vice President established in our Constitution. State Legislators could restore to their States right now the power to control the President! All States have to do is obey the 12th Amendment! Also, specially chosen Electors are far more likely to choose good Presidents than the ignorant masses which fill our major cities.

Even in its present perverted form, the “Electoral College” serves two important purposes: (1) It balances the influence of the heavily populated urban areas with the more sparsely populated rural areas; and (2) gives the smaller States a voice in the election of President.

As a People, we need to STOP being so eager to amend a Constitution we have never read and don’t understand.

Endnote:

1 For an illustration of how voting under the 12th Amendment is to be conducted, see THIS under the subheading, The 12th Amendment Establishes Procedures For Voting By Electors.”

 

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February 19, 2016 Posted by | 12th Amendment, 17th Amendment, Election of President, Electoral College, Electors, National Popular Vote | , , , , , , , , , , , | 30 Comments

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