Publius-Huldah's Blog

Understanding the Constitution

What can we do to get a reasonably honest election?

By Publius Huldah

A disaster of monumental proportions is likely to be ahead for our Country if we don’t take emergency action to get at least a reasonably honest election. Not only the President’s seat, but also the entire US House, the Houses in the State Legislatures, one/third of the seats in the US Senate, and a proportional number of seats in the State Senates, are all at stake in the upcoming election.

We are faced with irrefutable proof that the Marxists intend to steal the election. And they will not content themselves with stealing only the President’s seat – they seek to steal every seat on the ballots.

So we need to face up to the problem and take immediate action.

1. What does Congress have constitutional authority to do?

The President and Vice President are supposed to be elected using the procedures set forth in Article II, §1, cl. 2 and the 12th Amendment to our US Constitution. But we have ignored those provisions for a great many years; and it’s too late to obey them for the upcoming election of President and Vice President.

But Congress still has constitutional authority to invoke Article II, §1, cl. 4, which invests in Congress the power to determine the time of chusing the Presidential Electors and the Day on which they vote. That date is currently set for November 3, 2020.

Pursuant to Article I, §4, cl. 1, Congress may make laws determining the “Times, Places and Manner” of holding the federal elections to Congress.

Since we know that Trump ballots have been tossed into dumpsters, and election offices have been flooded with fake Biden ballots; the best course of action would be for Congress to make a law which reschedules the November 3 election to a later date; and cancels everything which has been done so far respecting the election (at least since the primaries).

Congress could then exercise its constitutional authority to establish common sense procedures respecting the “Time, Place and Manner” of voting in the upcoming elections. For example, Congress could pass a law providing that:

· Every registered voter who wants to vote must physically appear at his officially designated place of voting and produce proof of identity.

· Election Day should be one day – not weeks and months before & after the date set for the election.

· Absentee voting should be restricted to those who are out of the Country or out of State due to military service, service in the diplomatic corps, missionaries stationed overseas, businessmen stationed overseas, etc.

We used to do it this way.

But the Marxists came in with their hard luck stories about how these requirements were harsh, unfair, discriminatory, and so forth; and so our side [as usual] caved in and went along with the demands which stripped us of the ability to have even reasonably honest elections.

However, because Marxists now control the House, Congress lacks the ability to act as suggested above.

2. What does the US Supreme Court have constitutional authority to do?

Article I, §4, cl. 1 provides that the power to set the “Times, Places and Manner” of voting in federal elections is delegated exclusively to the Legislative Branches of the State & Federal governments [LINK]. Accordingly, and consistent with the Principle of “Separation of Powers” and the “political question” doctrine [LINK], the Judicial Branches of State and federal government have no lawful authority to substitute their views on these issues for those of the Legislative Branches.

Even so, with respect to the upcoming elections, lawless federal and state judges have been usurping power by substituting their views respecting the “Times, Places and Manner” of voting, for the views of State Legislatures. Some judges are ruling that because of COVID-19, voters shouldn’t be required to go to the polls – everyone must be allowed to vote by mail; and the time for counting ballots must be extended.

Obviously, the Supreme Court has no constitutional authority to substitute their views respecting the “Times, Places and Manner” of voting for those of the legislative bodies. Instead, the Supreme Court’s Duty is to issue orders and judgments which adhere to what the Constitution says.

So the Supreme Court should overturn the usurpatious orders of state and federal judges who attempted to usurp power over this issue. They should remind The People of our Country that only the State Legislatures and Congress may address these issues – that judges must keep their hands off. The power isn’t given to the Judicial Branches.

But a recent case out of South Carolina indicates that the most we will get from the Supreme Court is an unprincipled “cut the baby in half” compromise.

South Carolina law provides that a witness must sign an absentee ballot for the ballot to be valid. The Marxists (or their dupes) objected to this requirement and sued. Using COVID-19 as the excuse, the federal judge disagreed [!] with the statutory requirement for a witness, and said the State couldn’t enforce it. South Carolina election officials applied to the US Supreme Court for a stay of the lower Court’s order. 1

On October 5, 2020, in Andino v. Middleton [LINK], the Supreme Court stayed the Order, except to the extent that any ballots cast before they granted the Stay and received within two days of their Order may not be rejected.

So the Supreme Court’s Order is nothing for us to celebrate. The Supreme Court is allowing several days’ worth of unlawful ballots to be treated as valid; and thus are rewarding the trial judge’s usurpation of powers [which were granted to the South Carolina Legislature], by allowing these unlawful ballots to be counted.

But our good Justices, Thomas and Alito, and Gorsuch as well, would have granted the Stay in full and disqualified all the unlawful absentee ballots.

Justice Kavanaugh’s concurring opinion suggests that, like the majority, he doesn’t understand that the Judicial Branch has no constitutional authority to alter State election laws re the “Times, Places and Manner” of holding elections:  he pointed out that the actions of the lower Court violated Supreme Court precedent [!] that (1) an unelected federal judge ordinarily shouldn’t make public health decisions which overrule State Legislatures, and (2) federal courts ordinarily shouldn’t alter state election rules in the period close to an election. Yikes!

So while the Supreme Court might “give” us some relief from the massive cheating, it seems unlikely that they will provide a principled defense of our Constitution.

3. What must State Governments do?

State governments may be the only way salvage, at least to some extent, the upcoming election. Since the Judicial Branches of the State and federal governments have no constitutional authority to change the decisions of the Legislative Branches respecting the “Times, Places and Manner” of federal elections; State Governments should instruct the Election Officials for their State that they must obey & enforce the election laws passed by their State legislature and not the usurpatious orders of judges. Judges have no constitutional authority to change what the State Legislatures do on this issue!

Election officials should also be shown that judges have no power to enforce their orders & judgments – that they depend on the Executive Branches of the federal or State governments to enforce them. We are doomed if Americans remain unable to grasp this simple concept.

Endnote:

1 The better course of action would have been for South Carolina to nullify the lawless opinion of the federal judge by refusing to enforce it. Remember! Federal judges have no army – they can’t enforce their Orders. They must depend on the Executive Branch of the federal gov’t to enforce them. Who thinks President Trump would send in the National Guard to force South Carolina election officials to allow cheating in the upcoming election? If those officials had been familiar with what Alexander Hamilton wrote in Federalist No. 78 (6th para), they would have known this.

 

 

 

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October 15, 2020 Posted by | 12th Amendment, Andino v. Middleton, Article I Sec. 4, Article II Sec. 1, Elections Clause, federal judges, Mail-in voting, Nullification, political questions | , , , , , , , , | 28 Comments

Mail-in voting? A “political question” which only State Legislatures and Congress may decide

By Publius Huldah

It has become obvious that one of the purposes of the COVID-19 scam is to bring about unrestricted mail-in voting in the toss-up and Red States so that the upcoming presidential election can be stolen by the Left for the senile Joe Biden and his constitutionally ineligible running mate, Kamala Harris.

On September 9, 2020, the Left achieved their goal for the Red State of Tennessee – unless the Tennessee State government enforces the US Constitution and rejects the federal judge’s unconstitutional order.

1. The absurd Order from the US District Court, Middle District of Tennessee

The Tennessee Code permits mail-in voting for certain categories of people [Tenn. Code § 2-6-201]; but requires those who register by mail to appear in person at the official place of voting and bring proof of identity when they vote for the first time [Tenn. Code § 2-2-115 (b) (7)].

Our elections are already tainted by the “ghost voters” described in Deroy Murdock’s article (published 2017) [here]. Murdock showed that throughout the United States, over 3.5 million persons who didn’t exist were registered to vote. But that number wasn’t sufficient to elect Hillary Clinton; so the Left needs more ghost voters. With mail-in voter registration, dead people can be registered to vote; and with unrestricted mail-in voting, those dead people can vote forever.

The Plaintiffs in this action claim to be distressed about the statutory requirement that first-time voters (who registered by mail) appear in person to vote because it forces them to choose between their “health” [they might catch COVID-19 if they go to the polls] and their right to vote. 1

On September 9, 2020, federal judge Eli Richardson issued a preliminary injunction which has the effect of setting aside, for the upcoming presidential election, the statutory requirement – established by the Tennessee Legislature – that persons who registered by mail, show up in person the first time they vote.

Here is Richardson’s 29 page Order.

So let’s cut 29 pages of bunk down to its essence: Richardson ruled that the Tennessee Legislature’s requirement that the first-time voters (who registered by mail) physically appear at the polls, imposes a “moderate burden” on voting rights; and the State failed to show the Court that Tennessee has a “legitimate state interest” to justify that burden. 2

Even worse: Throughout his Order, Richardson writes repeatedly [some 20 times] of Plaintiffs’ “First Amendment right to vote”; and says at the end of para 31 of his Order,

“…it is likely that Plaintiffs will prevail on their claim that the first-time voter requirement violates the First Amendment right to vote…”

But the First Amendment makes no mention of a “right to vote”. 3 Furthermore, in footnote 22 of his Order, the Judge says:

“In a prior order, the Court declined to address any suggestion that there is no First Amendment right to vote, for any purposes at all, by mail in particular… The Court was well aware that McDonald supports such a suggestion, but the Court simply did not need to opine on that matter. The Court likewise does not need to do so here…”

What? The Judge declined to address whether or not a First Amendment right to vote actually exists even though he has already determined that Plaintiffs are likely to prevail on their claim that the requirement that first-time voters (who registered by mail) show up in person to vote “violates the First Amendment right to vote”!

2. Why do Plaintiffs and the Judge repeatedly speak of a “First Amendment right to vote”, when the Judge isn’t prepared to say that such a right even exists?

They may be aware that the federal court has no jurisdiction over this case; but are attempting to fake it by claiming that the case “arises under the Constitution” via the First Amendment.4

The judicial power of the federal courts is limited to those few categories of cases enumerated at Article III, §2, clause 1, US Constitution. Not one of the categories invests the federal court with jurisdiction over this case. This case can’t be said to “arise under the Constitution” because there is no “right to vote” in the US Constitution; and the remaining categories listed in Article III, §2 are clearly inapplicable.

So it appears that Plaintiffs have fabricated a mythical “First Amendment right to vote” in order to provide a pretext for the federal court to exercise jurisdiction in this case – and that the federal judge let them get away with it.

3. Article I, §2, clause 1, US Constitution, negates the absurd claim that there exists a federal constitutional right to vote.

At Article I, §2, cl. 1, the States expressly retained their pre-existing power to determine the qualifications of voters:

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” [italics added]

Accordingly, those who are eligible to vote for Representatives to their State Legislature are the ones eligible to vote for Members of the federal House of Representatives. 5

With four later Amendments, the States agreed that they would not deny eligibility to vote to Citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay a tax (24th Amendment), and for those 18 years of age or older on account of age (26th Amendment). It is important to note that these four amendments do not grant the “right” to vote to the persons described in the Amendments – merely that the suffrage will not be denied to those persons on account of their race, sex, etc.

So the States retained their original authority to set whatever qualifications for voting they deem appropriate, subject to their agreement that they would not deny suffrage on account of a Citizen’s being in one of those four categories.

So there is no “right to vote” set forth in the US Constitution. To the contrary, voting is a privilege granted or denied on the basis of whether applicants meet the qualifications for voting set forth within their State Constitution. 6

4. What does our Constitution say about how the President and Vice President are to be elected?

Article II, §1, cl. 2 and the 12th Amendment set forth the procedures for electing President and Vice President. Those procedures are described here under the subheadings, “Electors appointed by States were to choose the President” and “The 12th Amendment establishes procedures for voting by Electors”.

Our current procedures bear no resemblance to the Constitutional requirements. 7 It’s too late to obey the Constitution for the upcoming presidential election; so let’s see what our Constitution says about the federal elections to Congress.

5. US Constitution: the “times, places and manner” clause

Pursuant to Article I, §4, clause 1, State Legislatures have the power to prescribe the Times, Places and Manner of holding Elections for US Representatives 8 and US Senators.9

This clause also provides that Congress may make laws which override such State laws.

So the power to determine the time, place and manner of holding such federal elections is delegated exclusively to the Legislative Branches of the State and federal governments.

It is up to the State Legislatures to decide which “burdens” are appropriate with respect to the place of voting – with Congress having power to override what a State Legislature decides. The Judicial Branches of the state and federal governments may not substitute their views as to which “burdens” are appropriate and which are not. These are “political questions” granted to the Legislative Branches to decide; and the Judicial Branches – state and federal – may not lawfully interfere. 10

It is clear that “manner of voting” includes such matters as a requirement of personal presence at the place of voting. This is what our Framers contemplated, as shown by their words quoted in footnote 8 below. When a State legislature decides that personal presence is required – that decision can be overturned only by Congress.

So Judge Richardson’s view that the Tennessee Legislature doesn’t have a good reason for requiring first time voters (who registered by mail) to vote in person and present ID is irrelevant, and his Order is ultra vires.

6. What is the State’s remedy against the unlawful Court order?

So! You have seen that determining the “place and manner of voting” is a political power delegated exclusively to the State and federal Legislatures. It is thus a “political question”; and the federal [and state] Judicial Branches may not substitute their views for those of the Legislative Branches.

And since there is no “right to vote” contained in the US Constitution, the Federal District Court has no jurisdiction over this case. This case doesn’t “arise under the Constitution” or fit within any of the other categories of cases enumerated at Article III, §2, cl.1, US Constitution.

So the pretended Order of September 9, 2020, is ultra vires and lawless, and the State of Tennessee has no obligation to obey it.

The duty of the elected and appointed State and local officials is to obey the US Constitution. When the dictates of a federal [or State] judge contradict the Constitution, State officials must side with the Constitution and against the judge. 11

And what will happen if the State of Tennessee refuses to comply with the Judge’s order? The Judge can’t enforce his Order. He has to depend on the Executive Branch of the federal government to enforce it. 12 Do you believe that President Trump will send in federal troops to force the State of Tennessee to comply with Judge Richardson’s ultra vires Order?

Note:  In addition to the Offices of President & Vice-President, many other offices will also be on the Ballot:  the entire US House of Representatives is up for grabs.  So is the House in the State Legislatures all over the Country.  1/3 of the US Senate will be on the ballot; and a proportional number of Senate Seats on State Legislatures throughout the Country will be on the ballot.

EVERY REPUBLICAN LEGISLATOR NEEDS TO UNDERSTAND:  Your Seat is likely to be stolen in this upcoming election.

So you better wake up and get your State Legislature to smack down the federal & state judges who are assisting the Left in stealing your Seat.  And if Congress doesn’t act, they will lose control of the Senate and most likely every seat in the House.

Why should the Left stop with stealing only the Presidential election when they can also steal YOUR seat?

Endnotes:

1 How do they get their groceries?

2 Order at paras 29 – 31.

3 The First Amendment says,

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The First Amendment is a limitation on Congress’ powers to make laws – it doesn’t grant a “right” to vote!

4 In Federalist No. 80 (2nd para), Hamilton states that cases “arising under the Constitution” concern

“…the execution of the provisions expressly contained in the articles of Union [the US Constitution]…” [boldface added].

In the 3rd & 13th paras, Hamilton illustrates what “arising under the Constitution” means: He points to the restrictions on the power of the States listed at Art. I, §10 and shows that if a State exercises any of those powers, and the fed. gov’t sues the State, the federal courts have authority to hear the case.

5 The 17th Amendment [ratified 1913] provides that those who are eligible to vote for Representatives to the US House are eligible to vote for US Senators.

6 With the National Voter Registration Act of 1993, Congress usurped the retained power of the States to set and enforce eligibility standards for voting. In a series of 3 papers, the last of which is here, I show how the assertions about The Federalist Papers made by the 9th US Circuit Court of Appeals and the Supreme Court, in their attempts to justify their unconstitutional judgments, are false.

7 Our disregard of these constitutional provisions doubtless contributed to the creation of the current chaos.

8 Our Framers told us what “times”, “places” and “manner” mean:

In Federalist No. 61 (4th & 5th paras), Alexander Hamilton shows that “Time” refers to when elections are held. He explains that under the Articles of Confederation [our 1st Constitution], States had been conducting elections from March to November; and that uniformity in the time of elections is necessary “for conveniently assembling the [federal] legislature at a stated period in each year”.

“Place”: Hamilton also points out that the suffrages of citizens living in certain parts of the States could be defeated by restricting the place of election for Representatives in the House to “an INCONVENIENT DISTANCE from the elector” (2nd para). [caps are Hamilton’s].

“Manner” of holding Elections refers to such things as paper ballots or show of hands, the place of voting, and whether the States will be divided into congressional districts for purposes of electing Representatives. James Madison discusses the “Manner” of holding Elections in The Records of the Federal Convention of 1787, vol. 2, August 9, 1787:

“Mr. Madison: … the Legislatures of the States ought not to have the uncontrouled right of regulating the times places & manner of holding elections. These were words of great latitude. It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot or vivâ voce, should assemble at this place or that place; should be divided into districts or all meet at one place, shd all vote for all the representatives; or all in a district vote for a number allotted to the district; these & many other points would depend on the Legislatures and might materially affect the appointments …. what danger could there be in giving a controuling power to the Natl. Legislature? Of whom was it to consist? 1. of a Senate to be chosen by the State Legislatures … 2. of Representatives elected by the same people who elect the State Legislatures…” [emphasis added]

Rufus King in the Massachusetts Convention said in The Records of the Federal Convention of 1787, vol. 3, January 21, 1788:

“Hon. Mr. King rose … It was to be observed, he said, that in the Constitution of Massachusetts, and other States, the manner and place of elections were provided for; the manner was by ballot, and the places towns; for, said he, we happened to settle originally in townships…” [emphasis added]

9 When Art. I, §4, cl. 1 was drafted, the State Legislatures were to choose the State’s Senators to the US Congress – so the “place” of choosing the US Senators would be wherever the Legislature met. With ratification of the 17th Amendment, Congress gained oversight over State laws addressing the “place” of election of US Senators.

10 In Marbury v. Madison [link], decided 1803, the Supreme Court explained the concept of “political powers” and that the manner in which political powers are exercised is beyond the reach of the courts:

“By the Constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience. …whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and, being entrusted to the Executive, the decision of the Executive is conclusive … [and] can never be examinable by the Courts.”

Marbury addresses the political powers exercised by the President. That same deference to the exercise of political powers has long been extended to the acts of the other political branch, Congress. Where the Constitution grants a political power to Congress, the manner in which Congress exercises the discretion is also beyond the reach of the Courts. So, for example, if Congress were to exercise the power granted to it by Article I, § 4, clause 1, to make a law banning mail-in voting; its action can never be examined by the Courts – the Courts may not substitute their views for those of Congress.

11 Marbury v. Madison also stands for the Great Principle that when an Act of one branch of government violates the Constitution, the other Branches must obey the Constitution and not the unlawful Act.

12 Alexander Hamilton made this same point over 200 years ago – see Federalist No. 78 (6th para). If law schools had made The Federalist Papers required reading, our Country wouldn’t now be in such a mess.

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September 20, 2020 Posted by | 12th Amendment, 1st Amendment, Article I Sec. 4, COVID-19 scam, dead voters, Elections Clause, Eli Richardson, ghost voters, Joe Biden, Kamala Harris, mail-in voter registration, Mail-in voting, Nullification, political questions, Red States, Times Places and Manner clause, Toss-up states, US District Court Middle District of Tennessee, voter registration | , , , , , , , , , , , , , , , , , , , , | 31 Comments

Why the States must Nullify the National Voter Registration Act Now!

By Publius Huldah

From the earliest days of our Republic, 1 some years before our federal Constitution of 1787 was ratified; 2 the Citizens of the States determined the qualifications for voting, and memorialized these qualifications in their State Constitutions. In keeping with this hallowed practice, the Citizens of North Carolina recently amended Article VI of their State Constitution to add to the Qualifications for voting the requirement that persons voting in person present a photo ID [link].

But lawsuits have been filed in federal court objecting to the photo ID’s; and the judge on one of them, U.S. District Judge Loretta Biggs [Mid. Dist. North Carolina], has announced that she will issue a preliminary injunction against the requirement that voters present a photo ID. North Carolina election officials scurried to comply with Judge Biggs’ announcement; and Republican politicians called for an appeal [link].

The purpose of this paper is to show a better way to proceed – to show how North Carolina can enforce the US Constitution and the qualifications for voting set forth in its State Constitution.

We begin by looking at what our federal Constitution says about qualifications of voters.

1. Our federal Constitution enshrines the pre-existing practice where States set the qualifications for voters

In our federal Constitution of 1787, the States expressly retained their pre-existing power to determine the qualifications of voters: Article I, §2, cl. 1, US Constit., says,

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” [italics added]

So! Under our federal Constitution, those who are eligible to vote for Representatives to their State Legislature are, by definition, the ones eligible to vote for Members of the federal House of Representatives.

The 17th Amendment [ratified 1913] provided that those who were eligible to vote for Representatives to the US House would also be eligible to vote for the US Senators.

With four later amendments, the States decided that they would not deny eligibility to vote to Citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay taxes (24th Amendment), and for those 18 years of age or older on account of age (26th Amendment).

So the States have retained their original authority to set whatever qualifications for voting they deem appropriate, subject to their agreement (with each other) that they would not deny suffrage on account of a Citizen’s being in one of those four categories.

2. Voting fraud

But today, we all know that, due to the federal government’s long continuing refusal 3 to control immigration 4 and protect the States from Invasion,5 illegal aliens are flooding into our Country. In at least 15 States, illegals may get drivers’ licenses [link] [link]; and with California’s “motor voter law”, illegals are automatically registered to vote when they get a drivers’ license! 6

Furthermore, there are Precincts in this Country where well over 100% of the registered voters turn out to vote [link]! This Georgia Precinct had a 243% voter turnout!

Our elections are also corrupted by the “ghost voters” described in Deroy Murdock’s article [here]. Murdock shows that throughout the United States, over 3.5 million persons who don’t exist are registered to vote. For North Carolina, Murdock finds 189,721 ghost voters. Virginia has 89,979 ghost voters. But that’s a pittance compared to California which “is a veritable haunted house, teeming with 1,736,556 ghost voters.”

When you add California’s 1,736,556 ghost voters to the illegal aliens who also vote there (thanks to “Motor Voter”)7 and understand that this problem is nation-wide; who can deny that the States need to man-up and clean up their corrupt voting systems? The federal government has no constitutional authority to clean up the voting rolls; 8 but the States have the inherent and retained duty and power to do so.

By requiring photo IDs, the Citizens of North Carolina have taken a first step towards getting rid of some of those 189,721 ghosts, plus the illegals, who corrupt elections within their State.

3. The Federal Government has usurped the States’ expressly retained power to set qualifications for Voters

In 1993, Congress passed the National Voter Registration Act (NVRA) [link], wherein they unlawfully seized power to dictate voter registration procedures (for federal elections) for the entire Country.

By dictating the registration procedures each State must use, and by mandating the voter registration form [the “federal form”] each State must use when registering voters; the NVRA stripped the States of their power to determine whether voters in their State meet the qualifications for voting set forth within their State Constitutions. It thus prohibits the States from enforcing the qualifications for voting set forth in their State Constitutions! 9

This is shown by what happened in Arizona:

The Constitution of the State of Arizona restricts voting to Citizens. During 2004, the People of Arizona (which had been overrun with illegal aliens) adopted an initiative (Proposition 200) which required those in Arizona who apply to register to vote, to provide documentary proof of citizenship.  But a lawsuit was filed in federal court; and the Ninth US Circuit Court of Appeals ruled that since the National Voter Registration Act of 1993 doesn’t require applicants for voter registration to provide documentary proof of citizenship, the States may not require it.

Thereafter, in Arizona v. The Inter Tribal Council of Arizona, Inc. (2013), the US Supreme Court affirmed the Ninth Circuit’s opinion [link].

I wrote about the Ninth Circuit’s opinion [here] and the Supreme Court’s opinion [here]. Both opinions are monuments to judicial incompetence – or worse. The assertions made by the Courts in their attempts to justify their unconstitutional judgments are demonstratively false. The majority opinion of the Supreme Court is also logically incoherent.

But here we are: The Supreme Court has held that since the federally mandated voter registration form doesn’t require that persons registering to vote provide proof of citizenship, the States may not require it. What this means, in practice, is that the States must register anyone who fills out the federal form.

4. So where does this leave North Carolina?

The federal voter registration form may be seen (in 15 different languages) [here].

The federal form doesn’t require applicants for registration to provide a photo ID. Therefore, consistent with Arizona v. The Inter Tribal Council of Arizona, Inc., North Carolina may not require applicants for registration to provide a photo ID.

May North Carolina require voters to present a photo ID when they show up to vote? The Supreme Court hasn’t directly addressed this; 10 but consider that since the federal government requires the States to register anyone who fills out the federal form, why would the feds permit the States to deny exercise of the suffrage to any name which is “registered”?

We already know how U.S. District Judge Loretta Biggs is going to rule – and her ruling is consistent with the Supreme Court’s lawless holding in Arizona v. The Inter Tribal Council of Arizona, Inc.

5. Are There any Men in North Carolina?

The 7th paragraph of our Declaration of Independence recites how the Colonists opposed with manly firmness the King’s invasions on the rights of the people.
Are there any politicians in North Carolina today who will oppose the federal government’s invasions on the rights of the Citizens of North Carolina to set and enforce requirements for voting within their State?

A State Attorney General with brains and a spine would inform the federal judge that North Carolina won’t participate in the litigation; that she may issue all the Orders and Judgments she wants – North Carolina will ignore them – because (if she obeys the Supreme Court instead of the federal and State Constitutions) her Orders and Judgments will be void as in violation of Article I, §2, clause 1, US Constitution; and as in violation of the Sovereign Rights of North Carolina to enforce their own Constitution respecting voter qualifications.

What could a federal judge do about such a principled response from North Carolina? She has no Army. She has no power to enforce her judgments. She has to depend on the Executive Branch of the Federal government to enforce her judgments.11

So we would find out whether Trump actually means it when he says he wants honest elections, or whether he is just another fake “conservative”. If he is a fake, he will send in the National Guard to enforce the Judge’s unconstitutional judgment. But if Trump lives up to his words about the need for honest elections [link]; then he will refuse to send in the National Guard to enforce the unconstitutional Judgment; and North Carolina will have won the Battle and set a noble example for other States to follow.

6. Conclusion

The Deep State which controls the federal government doesn’t want elections cleaned up – they need dirty elections to get their henchmen in office. So they have embarked upon a course of action (such as the NVRA) to try to prevent the States from cleaning up elections. So, for Heaven’s Sake! Man up and resist! Our Framers always advised the States to resist unconstitutional acts of the federal government [link] [link]! We will never get honest elections unless the States man up and reclaim their rightful authority over their own voter rolls. Do it before you lose the political power to do it.

Endnotes:

1 From 1778 to 1789, we operated under our first federal Constitution, the Articles of Confederation [link].

2 Our present federal Constitution was ratified on June 21, 1788 [link].

3 Both political parties have embraced the Globalists’ open borders policy – both parties have failed to secure our Borders.

4 Art. I, §9, cl. 1, US Constit., delegates to Congress as of January 1, 1808, the power to control immigration.

5Art. IV, §4, US Constit., requires the federal government to protect each of the States against Invasion.

6 During 2013, California passed a law which permits illegal aliens to get drivers’ licenses [link]; and during 2015, consistent with the unconstitutional National Voter Registration Act, passed “Motor Voter” providing that when one gets a drivers’ license, one is automatically registered to vote [link].

7 So with a “National Popular Vote” for President, or to ratify a new Constitution (if the mode of ratification for the new Constitution is a national referendum), it would be easy to steal the outcome! Illegal aliens and “ghost voters” in California alone would determine the outcome for the entire Country.

8 President Trump’s Executive Order 13799 of May 11, 2017, which purported to establish a “Presidential Advisory Commission on Election Integrity” [link], is unconstitutional as outside the scope of powers delegated to the federal government.

9 Justice Thomas understands this: Until the federal government usurped power over this issue, the States always determined their own procedures for registration of those who were, pursuant to their State Constitution, qualified to vote. The function of registration of voters is so that the States may determine whether the qualifications for voting set forth in their State Constitution have been met! Justice Thomas points out in his dissent in Arizona v. The Inter Tribal Council of Arizona, Inc. at II. A. 2:

“This understanding of Article I, §2, is consistent with powers enjoyed by the States at the founding. For instance, ownership of real or personal property was a common prerequisite to voting … To verify that this qualification was satisfied, States might look to proof of tax payments… In other instances, States relied on personal knowledge of fellow citizens to verify voter eligibility. . . States have always had the power to ensure that only those qualified under state law to cast ballots exercised the franchise.

Perhaps in part because many requirements (such as property ownership or taxpayer status) were independently documented and verifiable, States in 1789 did not generally “register” voters . . . Over time, States replaced their informal systems for determining eligibility, with more formalized pre-voting registration regimes. . . But modern voter registration serves the same basic purpose as the practices used by States in the Colonies and early Federal Republic. The fact that States have liberalized voting qualifications and streamlined the verification process through registration does not alter the basic fact that States possess broad authority to set voter qualifications and to verify that they are met.” [italics added].

10 In the Supreme Court’s majority opinion [link], Scalia mentioned (4th para down from top) that Arizona’s Proposition 200 also required voters “to present identification when they vote on election day”; but he did not grace us with an answer as to whether States may require voters to prove that they are who they say they are when they show up to vote.

11 As Alexander Hamilton points out in Federalist No. 78, the Judicial Branch is the weakest branch. All they can do is issue orders and judgments – they can’t enforce their orders and judgments. They must rely on the Executive Branch to carry them out:

“… the judiciary… will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” [caps are Hamilton’s; italics added]

February 27, 2020 Posted by | Arizona Lawsuit, Arizona's Proposition 200, National Voter Registration Act, Nullification, Voter eligibility, Voter Qualifications | , , , , | 20 Comments

How to nullify Roe v. Wade

To see how the US Supreme Court violated our Constitution when they decided Roe v. Wade, see Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place

under the subheading, 5. How the Supreme Court violated the “arising under” clause to hear cases they have no constitutional authority to hear.

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May 22, 2019 Posted by | Abortion, Alabama Heartbeat law, Nullification, Roe v. Wade | , , , , | 4 Comments

Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place.

By Publius Huldah

Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers of the federal government (as well as legalized practices such as abortion); that all these opinions are “the Law of the Land”; and we need an Article V convention so we can get amendments to the Constitution which take away all these powers the Supreme Court gave the federal government.

But the text of Article V contradicts COSP’s claim. Article V shows that our Constitution can be amended only when three fourths of the States ratify proposed amendments. The Supreme Court has no power to amend our Constitution. And it’s impossible for an amendment to take away powers our Constitution doesn’t grant.

1. First Principles

Let’s analyze COSP’s silly argument. We begin by looking at First Principles:

♦The Judicial Branch was created by Art. III, §1, US Constitution. Accordingly, it is a “creature” of the Constitution. 1

♦The federal government came into existence when the States, acting through special ratifying conventions held in each of the States, ratified the Constitution.2

Since the Judicial Branch is merely a “creature” of the Constitution, it follows that it is subordinate to the Constitution, and is completely subject to its terms. It may not annul the superior authority of the States which created the Judicial Branch when they ratified the Constitution; 3 and as a mere “creature” of the Constitution, it may NOT change the Constitution under which it holds its existence! 4

 

2. Supreme Court Opinions are not “the Law of the Land”

Article VI, cl.2, US Constit., the “supremacy clause”, defines “supreme Law of the Land” as the Constitution, and acts of Congress and Treaties which are authorized by the Constitution. Supreme Court opinions aren’t included!

Furthermore, Art. I, §1, US Constit., vests all law-making powers granted by the Constitution in Congress. Our Constitution doesn’t grant any lawmaking powers to the Judicial Branch.

So why does everybody say, as we heard during the Kavanagh confirmation hearings, that Roe v. Wade is “the Law of the Land”? Because Americans have been conditioned to believe that the Supreme Court is superior to our Constitution; that their opinions about our Constitution are “law”, and we are bound by them unless and until they issue new opinions which release us from their previous opinions.

 

3. Organic & statutory law and the totally different “common law” precedent followed in courts

Americans have been conditioned to ignore the huge distinctions between organic and statutory law, on the one hand; and the common law which is embodied in the precedents followed by judges in litigation.

Organic Law

Black’s Law Dictionary defines “organic law” as

“The fundamental law, or constitution, of a state or nation, written or unwritten; 5 that law or system of laws or principles which defines and establishes the organization of its government.”

The organic laws of the United States are

  • The Declaration of Independence – 1776
  • Articles of Confederation – 1777
  • Ordinance of 1787: The Northwest Territorial Government
  • Constitution of the United States – 1787

The Articles of Confederation was our first Constitution. It was replaced by our Constitution of 1787 when it was ratified June 21, 1788. The Northwest Ordinance was superseded by the transformation of the area covered by the Ordinance into States [pursuant to Art. IV, §3, cl. 2, US Constit.].

Do you see how absurd is the claim that the Supreme Court, a mere “creature” of the Constitution of 1787, has the power to change the Organic Law of the United States?

Statute Law

Black’s Law Dictionary defines “statute law” as the

“Body of written laws that have been adopted by the legislative body.”

As we saw above, all legislative Powers granted by our Constitution are vested in Congress (Art. I, §1). Acts of Congress qualify as part of the “supreme Law of the Land” only when they are made pursuant to Authority granted to Congress by the Constitution (Art.VI, cl. 2). When Acts of Congress are not authorized by the Constitution, they are mere usurpations and must be treated as such.6

Common Law

The “common law” applied in courts in the English-speaking countries came from the Bible.7 The Bible has much to say about our relations with each other: don’t murder people, don’t maim them, don’t steal, don’t bear false witness, don’t tell lies about people, don’t be negligent, don’t cheat or defraud people, and such. The Bible provides for Judges to decide disputes between people and empowers Judges to require the person who has violated these precepts to pay restitution to the person whom he harmed. So, e.g., the Biblical prohibitions against bearing false witness and slandering people became our modern day concepts of slander, libel, and defamation. These principles were applied in the English courts from time immemorial, and are applied in American Courts. Modern day American attorneys litigate these common law concepts all the time. So if I am representing a client in an action for say, fraud, I look at the previous court opinions in the jurisdiction on fraud, and see how the courts in that jurisdiction have defined fraud – i.e., I look for “precedents” – the courts’ previous opinions on the subject – and I expect the Judge on my case to obey that precedent. 8

THIS is the “common law”. It is “law” in the sense that it originated with God’s Word; and from “time immemorial” has been applied in the Courts of English speaking countries. But this precedent is binding or persuasive only on courts. 9 As precedent for judges to follow, it is never “the law of the land”!

So, keep these three categories – organic, statutory, and common law – separate, and do not confuse court precedent with the “Law of the Land”. The latter is restricted to the Organic Law, and statutes and treaties authorized by the Organic Law.

Now let’s look at the constitutional jurisdiction of the federal courts.

 

4. What kinds of cases do federal courts have constitutional authority to hear?

The ten categories of cases the Judicial Branch has authority to hear are enumerated at Art. III, §2, cl. 1, US Constit. 10

The first category is cases “arising under this Constitution”. In Federalist No. 80 (2nd para), Hamilton shows these cases concern “provisions expressly contained” in the Constitution. He then points to the restrictions on the authority of the State Legislatures [listed at Art. I, §10], and shows that if a State exercises any of those prohibited powers, and the federal government sues the State, the federal courts would have authority to hear the case (3rd & 13th paras).

So if a State enters into a Treaty, or grants Letters of Marque & Reprisal, or issues paper money, or does any of the other things prohibited by Art. I, §10, the controversy would “arise under the Constitution” and the federal courts have constitutional authority to hear the case.

Likewise, if a State passed a law which violated the Constitution – say one requiring candidates in their State for US Senate to be 40 years of age – instead of the 30 years prescribed at Art. I, §3, cl. 3 – the federal courts have constitutional authority to hear the case.

So the purpose of this category is to authorize the Judicial Branch to enforce the Constitution – not re-write it!! 11

Now let’s look at one way the Supreme Court butchered our Constitution in order to strike down State Laws they didn’t like.

 

5. How the Supreme Court violated the “arising under” clause to hear cases they have no constitutional authority to hear

Let’s use “abortion” to illustrate the usurpation. Obviously, “abortion” is not “expressly contained” in the Constitution. So abortion doesn’t “arise under” the Constitution; and the constitutionality of State Statutes prohibiting abortion doesn’t fit into any of the other nine categories of cases federal courts have authority to hear. Accordingly, federal courts have no judicial power over it. The Supreme Court had to butcher words in our Constitution in order to usurp power to legalize abortion. This is what they did:

The original intent of §1 of the 14th Amendment was to extend citizenship to freed slaves and to provide constitutional authority for the federal Civil Rights Act of 1866. That Act protected freed slaves from Southern Black Codes which denied them God-given rights. 12

Now look at §1 where it says, “nor shall any state deprive any person of life, liberty, or property, without due process of law;”

That’s the “due process” clause. As Professor Berger points out [ibid.], it has a precise meaning which goes back to the Magna Charta: it means that a person’s life, liberty or property can’t be taken away from him except by the judgment of his peers pursuant to a fair trial.

But this is how the Supreme Court perverted the genuine meaning of that clause: In Roe v. Wade (1973), they looked at the word, “liberty” in the due process clause and said, “liberty” means “privacy”, and “privacy” means “a woman can kill her unborn baby”. 13

And they claimed they had jurisdiction to overturn State Laws criminalizing abortion because the issue arises under the Constitution at §1 of the 14th Amendment! [ibid.]

The Supreme Court redefined words in Our Constitution to justify the result they wanted in the case before them.

The Supreme Court didn’t “enforce” the Constitution – they butchered it to fabricate a “constitutional right” to kill unborn babies.

And the lawyers said, “It’s the Law of the Land”; the People yawned; and the clergy said, “the Bible says we have to obey civil government – besides, we don’t want to lose our 501 (c) (3) tax exemption!”

 

6. What are the remedies when the Supreme Court violates the Constitution?

The opinions of which the convention lobby complains constitute violations of our Constitution. 14 The three remedies our Framers provided or advised for judicial violations of our Constitution are:

1. In Federalist No. 81 (8th para), Hamilton shows Congress can impeach and remove from office federal judges who violate the Constitution. Congress is competent to decide whether federal judges have violated the Constitution! Impeachment is their “check” on the Judicial Branch.

2. In Federalist No. 78 (6th para), Hamilton shows the Judicial Branch must rely on the Executive Branch to enforce its judgments. If the President, in the exercise of his independent judgment and mindful of his Oath to “preserve, protect and defend the Constitution”, determines that an opinion of a federal court is unconstitutional; his Duty is to refuse to enforce it. The President is also competent to decide whether federal judges have violated the Constitution! Refusing to enforce their unconstitutional judgments is his “check” on the Judicial Branch.

3. On the Right & Duty of the States – who created the federal government when they ratified the Constitution – to smack down their “creature” when their “creature” violates the Constitutional Compact the States made with each other, see Nullification: The Original Right of Self-Defense.

Endnotes:

1Creature” is the word our Founders used – e.g., Federalist No. 33 (5th para) & Jefferson’s draft of The Kentucky Resolutions of 1798 (8th Resolution).

2Art. VII, cl. 1, US Constit., sets forth ratification procedures for our Constitution.

3 Madison’s Virginia Report of 1799-1800 (pp 190-196).

4 Madison’s Journal of the Federal Convention of 1787 shows that on July 23, 1787, the Delegates discussed who was competent to ratify the proposed new Constitution. Col. Mason said it is “the basis of free Government” that only the people are competent to ratify the new Constitution, and

“…The [State] Legislatures have no power to ratify it. They are the mere creatures of the State Constitutions, and cannot be greater than their creators…”

Madison agreed that State Legislatures were incompetent to ratify the proposed Constitution – it would make essential inroads on the existing State Constitutions, and

“…it would be a novel & dangerous doctrine that a Legislature could change the constitution under which it held its existence….”

It’s equally novel & dangerous to say that the Supreme Court may change the Constitution under which it holds its existence.

5 It is said England doesn’t have a written constitution.

6 Acts of Congress which are not authorized by the enumerated powers are void. They are not made “in Pursuance” of the Constitution and have supremacy over nothing. Federalist No. 27 (last para) says:

“…the laws of the Confederacy [the federal government], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land; to the observance of which all officers, legislative, executive, and judicial, in each State, will be bound by the sanctity of an oath. Thus the legislatures, courts, and magistrates, of the respective members [the States], will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS…” [capitals are Hamilton’s]

See also Federalist No. 33 (last 2 paras) and Federalist No. 78 (10th para).

7 John Whitehead mentions the Biblical origin of the common law in The Second American Revolution.

8 Art. III, §2, cl.1 delegates to federal courts power to hear “Controversies between Citizens of different States.” Much of the litigation conducted in federal courts falls into this category. These lawsuits aren’t about the Constitution. Instead, they involve the range of issues people fight about in State Courts: personal injury, breach of contract, business disputes, fighting over property, slander & libel, etc. In deciding these cases, federal judges are expected to follow the “common law” precedents.

9 In Federalist No. 78 (next to last para), Hamilton discusses how judges are bound by “precedents” which define and point out their duty in the particular cases which come before them.

10 In Federalist No. 83 (8th para), Hamilton says:

“…the…authority of the federal …[courts]…is declared by the Constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits, beyond which the federal courts cannot extend their jurisdiction…”

11 James Madison agreed that the purpose of the “arising under this Constitution” clause is to enable federal courts to enforce the Constitution. At the Virginia Ratifying convention on June 20, 1788, he explained the categories of cases federal courts have authority to hear. As to “cases arising under this Constitution”, he said:

“…That causes of a federal nature will arise, will be obvious to every gentleman, who will recollect that the states are laid under restrictions; and that the rights of the union are secured by these restrictions. They may involve equitable as well as legal controversies…”

12 This is proved in Harvard Professor Raoul Berger’s meticulously documented book, Government by Judiciary: The Transformation of the Fourteenth Amendment.

13 In Roe v. Wade (1973), the Supreme Court said under Part VIII of their opinion:

“…This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is … is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy…”

14 Many Supreme Court opinions violate our Constitution. Wickard v. Filburn (1942), discussed HERE, is another of the most notorious. But we elect to Congress people who don’t know our Constitution or The Federalist Papers; and they are unaware of their Duty – imposed by their Oath of office – to function as a “check” on the Judicial Branch by impeaching federal judges who violate our Constitution.

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November 25, 2018 Posted by | 14th Amendment, 3000 page constitution, Abortion, annotated constitution, Article V Convention, common law, Convention of States project, Creature of the Compact, due process clause, Enumerated Powers of Federal Courts, federal judges, Judicial Abuse, Law of the Land, Nullification, organic law, precedents, Publius Huldah, Roe v. Wade, statute law, The Judicial Branch | , , , , , , , , , , , , , , , , , , , , , | 13 Comments

Does the Creature Dictate to the Creator?

By Publius Huldah

WHERE did the federal government come from? It was CREATED by the Constitution.

WHO ratified the Constitution? WE THE PEOPLE, acting through special ratifying conventions called in each of the States.  So it was The People of each State who ratified the federal Constitution for their State.

So the federal government is merely the “creature” of the Constitution and is completely subject to its terms.

Those are not my words. Those are the words of Alexander Hamilton in Federalist Paper No. 33 (5th para), and Thomas Jefferson in his draft of The Kentucky Resolutions of 1798, under the 8th Resolution.

IT IS IMPOSSIBLE to have a correct understanding of the relation between the federal government and The People unless you understand that the federal government is merely the “creature” of the Constitution. It is not a party to it. The STATES are the parties to the constitutional compact (contract).

THIS is why James Madison said, in his Report of 1799 to the Virginia Legislature on the Virginia Resolutions of 1798, under his discussion of the 3rd Resolution, that THE STATES, as the creators of the federal government, are the final authority on whether their creature has violated the compact THE STATES MADE WITH EACH OTHER. The constitutional compact is between the Sovereign States. The federal government is merely the “creature” of that compact.

That is why the States have the natural right to NULLIFY unconstitutional acts of their “creature”, the federal government.

But our “creature”, the federal government, has taken the bizarre position that the Constitution means whatever THEY say it means.

Oh, do they need smacking down! Does the creature dictate to its creator?

The nullification deniers say, “YES!”

Manly men say, “NO!”

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August 10, 2015 Posted by | Nullification, nullification deniers, Resistance to tyranny | , , , , , , , | 31 Comments

PH’s Article V Convention & Nullification Event in North Carolina on May 26, 2015

To my Friends in North Carolina: Do come! I would love to meet you. And if you don’t want to eat lunch, don’t.

To COS operatives & groupies: If you come and snip at me, I will show you how a Cold War Warrior (and womanly woman) with brains, knowledge, moral character, and a quick wit, fights.

Click on the photo to make it bigger.

 

MAY-7

May 18, 2015 Posted by | Uncategorized | , , , , , | 8 Comments

PH’s Article V Convention & Nullification Events in Indiana for May, 2015

I will speak on the deadly danger of an Article V convention, and of the two remedies our Framers actually told us to use when the national government usurps power, at the following events:

Date: Wednesday, May 13, 2015 in Auburn, Indiana
Host: DeKalb County 9/12 Group
Location: St. Andrew Evangelical Presbyterian Church, 320 W. 4th Street, Auburn, Indiana 46706                                   Time:  5:30 p.m. for food; 6:30 p.m. for meeting, EDT.

See Face Book page HERE

 

Date: Thursday, May 14, 2015 in Elkhart, Indiana
Host: TEA-MAC  with Constitutional Sheriff Brad Rogers.
Location:  Trinity United Methodist Church, 2715 E. Jackson Blvd., Elkhart, Indiana 46516
Time: 7:00 p.m. EDT

THE DEADLY DANGER OF ARTICLE V CONVENTION Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

May 8, 2015 Posted by | Uncategorized | , , , , , , , , , , , , , , , , | 4 Comments

Nullification: The Original Right of Self-Defense

By Publius Huldah

What did our Framers really say we must do when the federal government usurps power?

They never said, “When the federal government ignores the Constitution, amend the Constitution.

They never said, “File a lawsuit and let federal judges decide.”

Instead, they advised two manly remedies. We’ll look at one of them – nullification – in this paper. 1

First, let’s look at the Constitution we have.

Our Federal Government has Enumerated Powers Only

 With our federal Constitution, we created a federal government. It is:

  • A federation of sovereign States united under a national government ONLY for those limited purposes itemized in the Constitution;
  • With all other powers reserved by the States or the People.

We listed every power we delegated to the federal government: Most of the powers delegated over the Country at large are listed at Article I, §8, clauses 1-16.

All our Constitution authorizes the federal government to do over the Country at large falls into four categories:

  • Military defense, international commerce & relations;
  • Immigration & naturalization;
  • Domestically, create a uniform commercial system: weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
  • With some of the amendments, secure certain civil rights.

That’s basically it! All other powers are reserved by the States or the People. Depending on how you count, Congress only has 18-21 powers over the Country at Large. 2

It is only with respect to the enumerated powers listed in the Constitution that the federal government has lawful authority.

  • If it’s on the list, Congress may make laws about it.
  • But if it’s NOT on the list, Congress usurps power & acts unlawfully when it interferes.

Is “education” on the list of delegated powers? Raising children? Health Care? Environmental regulation? Is most of what they do on the list? Since these are not delegated powers listed in our Constitution, the federal government usurps power and acts unlawfully when it meddles.

So then, what do we do when the federal government usurps powers not on the list?

 Don’t Submit to Unconstitutional Laws – Nullify Them! 3

Our Framers said the federal government is our “creature” and must obey our Will as enshrined in our Constitution. And when it doesn’t, we must defend the Constitution by invoking our natural right of self-defense:

Alexander Hamilton said in Federalist No. 28 (last 5 paras): [I’m condensing]

“If the representatives of the people betray their constituents, there is no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted … [by] … State governments [which] will … afford complete security against invasions of the public liberty by the national authority…” [emphasis mine]

Hamilton says in Federalist No. 33 (5th para):

“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [emphasis mine]

Thomas Jefferson said in his draft of The Kentucky Resolutions of 1798, 8th Resolution:

“…where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact … to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [emphasis mine]

James Madison commented on this in his Notes on Nullification (1835) (p.573-607):

“… the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression…” [emphasis mine]

Note that Hamilton, Jefferson, and Madison said nullification is a natural right – it is NOT a “constitutional right”. Rights don’t come from the Constitution – they come from God. 4

HERE is Madison’s “Report of 1799-1800 on the Virginia Resolutions”. He said under his discussion of the 3rd Resolution [I’m condensing]:

The States, in their sovereign capacity, are the parties to the constitutional compact; and are thus the final authority on whether the federal government has violated the Constitution. There can be no tribunal above the authority of the States to decide whether the compact made by them has been violated by the federal government. (p 192)

That if, when the federal government usurps power, the States don’t stop the usurpation, and thereby preserve the Constitution; there would be no relief from usurped power. This would subvert the Rights of the People as well as betray the fundamental principle of our Founding. (p195)

That the Judicial Branch is as likely to usurp as are the other two Branches. Thus, the Sovereign States have as much right to judge the usurpations of the Judicial Branch as they do the Legislative and Executive Branches. (p196)

That all 3 Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of the States. And if the Judicial Branch connives with other Branches in usurping powers, our Constitution will be destroyed. (p196)

So the Judicial Branch does not have final say as to the rights of the parties to the constitutional compact. Otherwise, the delegation of judicial power would annul the authority delegating it; and the concurrence of the judicial branch with the other branches in usurping powers, would subvert the Constitution forever. (p196)

In Federalist No. 46, Madison says, respecting unconstitutional acts of the federal government:

  • The People can refuse to cooperate with federal officers [7th para];
  • State officials can oppose the feds [7th para];
  • State Legislatures can invent legislative devices to impede & obstruct the federal government [7th para];
  • States can cooperate in concerted plans of resistance [8th para];
  • States can easily defeat the federal government’s schemes of usurpation [10th para]; and as the last resort,
  • States must defend themselves from the federal government – that’s why the People are armed.

So Jefferson, Hamilton and Madison tell us: When the federal government asks or directs States to do things which aren’t on the list, the proper response is, “No!”

State Governments Must Man Up and Preserve our Constitution.

The Declaration of Independence says at the 7th para that the colonials “opposed with manly firmness” the King’s “invasions on the rights of the people”.

We need today that same manly opposition to tyranny. And we are starting to see some: The Tenth Amendment Center says over 200 bills have been filed this year in State Legislatures to nullify unconstitutional acts of the federal government. E.g.:

  • To allow terminally ill people access to experimental drugs & medical treatments despite FDA rules – drugs & medical treatments are not on the list! And the 10th Amendment didn’t stop them from usurping powers in this area.
  • Deny resources and assistance to the National Security Agency – spying on us is not on the list! And the 4th Amendment didn’t stop them from spying on us!
  • Nullify federal bans on growing hemp & marijuana. Agriculture and drugs are not on the list! And the 10th Amendment didn’t stop them from usurping powers in this area.

An Indiana Legislator filed a bill to nullify all federal EPA Regulationsenvironmental protection is not on the list! And the 10th Amendment didn’t stop them from usurping power over the environment.

Disarming the American People: If Congress by law, or the President by executive order, or the BATF by rule, or the supreme Court by opinion, or the federal government by UN Treaty, orders The People to turn in our arms, We must refuse to comply. The Constitution doesn’t authorize the federal government to disarm us. Gun control is not on the list! And the 2nd Amendment didn’t stop them from regulating ammunition, firearms, and firearms dealers.

Accordingly, States should pass laws directing their firearms and ammo dealers to ignore all federal dictates which pretend to restrict arms, firearms, ammo, and sales of same. The Law should also provide that the State Attorney General will defend any Citizen of the State from unlawful acts committed against him by agents of the federal government attempting to enforce unconstitutional federal dictates within the borders of the State.

Prayer in the Public Schools: When, in 1962, the US supreme Court began its war against Christianity by banning prayers in the public schools, State legislatures should have passed laws directing their public schools to ignore the unconstitutional opinion of the supreme Court. “Religion”, “prayers”, and “public schools” are not on the list of delegated powers. And the 1st Amendment didn’t stop them from “prohibiting the free exercise of religion”.

Brave Citizens Must Man up Also.

As noted above, Madison says in Federalist No. 46 that the People can refuse to cooperate with federal officers.

Rosa Parks & Martin Luther King showed us spine 50 years ago when they nullified the State & local Jim Crow laws by refusing to obey those unconstitutional laws.

Recently in Connecticut, Citizens refused to obey an unconstitutional State law which pretends to require them to register their firearms. Art. I, §15, CT Constitution says:

“Every citizen has a right to bear arms in defense of himself and the state.”

If you are a “Citizen”, you have the right to bear arms – that’s all you need in Connecticut. So the Connecticut Statute making it a felony to possess guns which are not registered is unconstitutional as in violation of Art. I, § 15 of the State Constitution.

And The People – as the creators of the State government – are the ones to ultimately decide!

All nullification requires is a spine. And Rosa Parks & MLK showed us what spine looks like: You say, “No more!”

The “we lost the civil war” objection to Nullification.

Those who chant this objection seem to have in mind the “nullification crisis of 1832”. Let’s debunk it:

The southern States were agricultural. They bought manufactured goods from England. England bought southern cotton. Infant industries in the North East were producing some of the same manufactured goods as England; but because they were more expensive than the imports, they couldn’t compete.

So in 1828, Congress imposed a high tariff on the imports. The Southern States called this the “tariff of abominations”, because it made the English goods too expensive to buy; and when the Southern States stopped buying English goods, England stopped buying Southern cotton. This devastated the Southern economy.

Note that Congress has specific authority to impose tariffs on imports: Art. I, § 8, cl. 1. So the Tariff Act of 1828 was constitutional.

The nullification crisis of 1832 was brought on because S. Carolina wanted to “nullify” the Tariff Act of 1828 – a constitutional law! South Carolina developed a bizarre theory that

  • A State has a “constitutional right” to nullify any federal law; and
  • The nullification is presumed valid unless ¾ of the States say it isn’t valid.

In James Madison’s Notes on Nullification (1835) (p. 573-607), he discussed and debunked S. Carolina’s theory. He said:

  • The federal government has delegated authority to impose tariffs;
  • The Constitution requires that tariffs be uniform throughout the United States;
  • States can’t nullify tariffs authorized by the Constitution;
  • ¼ of the States don’t have the right to dictate to ¾ of the States on matters within the powers delegated to the federal government; and
  • Nullification is not a constitutional right.

Near the end of his Notes, Madison quoted Thomas Jefferson’s famous statement:

“…but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact …to nullify of their own authority all assumptions of power by others within their limits …” [emphasis mine]

Madison then says:

“Thus the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression.” [emphasis mine]

Do you see? Madison’s points are:

  • States may not properly nullify constitutional acts of the federal government; and
  • When an act of the federal government is unconstitutional, nullification is a NATURAL RIGHT – not a “constitutional right”. 5

Start Doing YOUR Duty

Your Duty is to read our Declaration of Independence and Constitution and learn The List of Enumerated Powers. YOU were supposed to enforce the Constitution with your votes. But instead of supporting only candidates who knew and obeyed our Constitution, you abdicated your Responsibility and voted for candidates who told you what you wanted to hear.

For the Sake of your Country and Posterity, you must also renounce cowardice and appeasement as the response to evil.

If you fail us, hell on Earth is just around the corner.

Endnotes:

1 The other Remedy is to elect faithful representatives. At the Virginia Ratifying Convention on June 20, 1788 at [223], James Madison said our Constitution depends on the people having the “virtue and intelligence to select men of virtue and wisdom” to office. In Federalist No. 44 [12th para from end], he says when Congress usurps powers, and the executive and judiciary departments go along with it,

“…a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers…” [emphasis mine]

We must start electing candidates who know the Constitution!

2 THIS Chart lists the enumerated powers over the Country at Large and illustrates how Principles in our Declaration of Independence were implemented in our Constitution.

3 Stop quibbling over terminology. As a People, we have lost the ability to think conceptually. When some don’t see the word, “nullification”, in a writing, they insist the writer didn’t support it. But the concept is refusal to submit to unconstitutional laws. You can call it “non-violent civil disobedience”, “that original right of self-defense”, “resistance”, “refusal to obey”, “impeding & obstructing”, “nullification”, “interposition”, or something else. I use “nullification” because the term has a distinctive meaning and was used by our beloved Thomas Jefferson. You may call broccoli “broccoli”, a “green vegetable”, a “cruciferous vegetable”, a “super food”, or “little trees”. But “broccoli” is the most precise and distinctive term. Do you see?

4 So when Michael Farris, and others who tell us a convention is the only way out, disparage nullification as an “extra-constitutional doctrine”, the proper response is: Nullification is NOT a “constitutional right or remedy” – it is that NATURAL RIGHT of self-defense which pre-dates and pre-exists the Constitution. Farris has repudiated our Founding Principles that Rights come from the Creator God, and that the purpose of government is to secure the Rights GOD gave us (Declaration of Independence, 2nd para). In Farris’ brave new world, “rights” come from the Constitution – where they are subject to the will of human governments. See, e.g., his “parental rights” amendment HERE. “Child raising” is not now on the list of delegated powers – but §3 of Farris’ “parental rights” amendment would delegate power over children to the federal government. Read it.

5 Rights don’t come from the Constitution! They come from GOD! PH

May 3, 2015

 

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May 3, 2015 Posted by | Jim Crow laws, Kentucky Resolutions of 1798, Madison's Notes on Nullification (1834), Madison's Report on the Virginia Resolutions (1799-1800), Martin Luther King, Nullification, nullification deniers, South Carolina nullification crisis, Tariff of Abominations, Tarrif Act of 1828 | , , , , , , , , , , , , , , , , , | 44 Comments

The States won’t save us at an Article V Convention

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March 27, 2015 Posted by | Article V, Article V Convention, Jim Crow laws, Nullification | , , , , , , | 6 Comments

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