Publius-Huldah's Blog

Understanding the Constitution

The “Convention of States” Scam, the War over the Constitution, and how the States Sold the Reserved Powers to the Feds.

By Publius Huldah

Our Constitution is a glorious document. This one page chart depicts the Structure of the federal government we created when we ratified our Constitution; and lists the “limited & enumerated powers” we delegated to the federal government over the Country at Large.

In a nutshell, our Constitution authorizes the federal government to handle the following objects for the Country at Large:

  • Military defense, international commerce & relations;
  • Control immigration & naturalization of new citizens;
  • Domestically, to 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.

Basically, that’s it.  As stated in the 10th Amendment, all others powers are reserved by the States or The People.

But for 100 years, almost everyone in our Country has ignored our Constitution.  Thus, instead of restricting spending to the enumerated objects of its powers, the people WE send to Congress spend money on what anybody wants – and so gave us a debt of $17 trillion.  Instead of restricting lawmaking to the enumerated objects of its powers, the people WE send to Congress make laws on whatever they like. The President WE elected tramples all over the Constitution; and due to the connivance, cowardice, and ignorance of Congress, the supreme Court, State governments, and the American People, is seizing totalitarian power.

WE are in terrible trouble.

And it is the phony right wing which is seducing the American People into taking the final jump off the cliff.

Michael Farris, head of the Convention of States 1 project, begins his video with this spiel:

“We all know that our government is way off track. The debt is astronomical and is going to cripple not only our own freedom and our own economy, but our children and our grandchildren are going to be effectively slaves, paying for all the things that we’re spending money on today.”

That part of his video is true.

But the purpose of their spiels is to make you believe they are on your side.  You must look behind the spiels and think carefully about what they are proposing as “solutions”.  Much is at stake:

THIS IS THE WAR over our Constitution and Country.  And here are the two sides:

Learn & Enforce our Existing Constitution!

One side proposes that we learn & enforce our existing Constitution of limited & enumerated powers.  We show that our Framers advised us to enforce our Constitution by (1) electing better representatives to annul the acts of the usurpers, 2 or by (2) nullification of unconstitutional acts.

To illustrate: What would our Country’s financial condition be if WE THE PEOPLE had enforced the enumerated powers on Congress?

It is the enumerated powers which list the objects on which Congress may appropriate funds:

  • immigration office (Art. I, §8, cl.4)
  • mint (Art. I, §8, cl. 5)
  • Attorney General (Art. I, §8, cl. 6)
  • post offices & post roads (Art. I, §8, cl. 7)
  • patent & copyright office (Art. I, §8, cl. 8)
  • federal courts (Art. I, §8, cl. 9)
  • military (Art. I, §8, cls. 11-16)
  • the civil list (Art. I, §6, cl.1)
  • [and other objects listed in various other articles, sections, &clauses]

Do you get the idea?  The Constitution itemizes what Congress is permitted to spend money on. See also the two geographical areas over which Congress was delegated “general legislative powers”: Art. I, §8, next to last clause, & Art. IV, §3, cl. 2.

The reason we have a debt of $17 trillion is because everyone ignored the Constitution; so Congress spent money on objects outside the scope of its enumerated powers.

Amend Away our Existing Constitution?

But the Randy Barnett 3/ Rob Natelson/ Michael Farris/ Mark Levin camp want a “convention” so they can gut our existing Constitution by amending out the limited & enumerated powers with new amendments which grant general powers to the federal government; or they seek to re-write the Constitution altogether. 

Here are illustrations of how the limited & enumerated powers can be amended out of our Constitution:

It has already been shown how the so-called balanced budget amendment would transform our Constitution from one of enumerated spending powers to one of general spending powers, where spending would be limited only by the amount of revenue the federal government generates or a certain percentage of the GDP. 4 But under our existing Constitution, the federal government’s expenditures are limited by the constitutional grants of authority – the enumerated powers.  The problem is everyone ignores the enumerated powers – they never even bothered to learn what they are!

Here is another illustration:  Michael Farris, the grand master of The Spiel, has managed to convince many parents that the only way to protect their parental rights is an amendment to the Constitution which delegates to the federal and State governments constitutional power over their children!

And Mark Levin’s suggested amendments would gut our Constitution.  Most increase the powers of the federal government by making constitutional what is now unconstitutional because it is not an enumerated power.  The amendments pertaining to “overrides” undermine the Constitution as the objective standard of what is lawful and what is not – and substitute majority vote therefor.  These “overrides” would erase the Constitution and replace it with majority (mob) rule.

Or is “re-writing the Constitution” their actual goal?

Farris says in the video:

“…sometimes what you need is not a change of personnel, you need a change of structure. The Founders understood the importance of structure…”

Does that give you cold chills?

How does Farris seek to change the structure?

Please – all of you – look at this one page chart which depicts The Structure of the federal government our Framers gave us:  What needs changing?  Isn’t enforcement what we need?

Jordan Sillars, Communications Director for Farris’ Convention of States Project, let the cat out of the bag:

On September 15, 2013, a discussion on my Face Book page was started about Mark Levin’s clamoring for a “convention of states”.

On or before September 19, Jordon Sillars posted a comment wherein he said:

“… 3. I think the majority of Americans are too lazy to elect honest politicians. But I think some men and women could be found who are morally and intellectually capable of re-writing the Constitution…” [boldface mine].

On September 19 at 1:20 p.m., I responded:

“So, this really is about “re-writing the Constitution”, isn’t it?

And could you name these individuals who are “morally and intellectually capable of re-writing the Constitution”?”

Sillars thereafter deleted his comments, but not before I obtained a screen shot of his quoted comment which you can see here.

Why did he delete his comments?

Now let’s look more at what Farris says in his video:

The False Statements & Silly Arguments of the Proponents of a “convention of States”

1.  After his introduction about the $17 trillion debt, Farris goes on to say:

The States have the power under Article V to call a convention of the States for the purpose of proposing amendments to the Constitution…”

His statement is false.

The Truth is the States have no authority to call the convention.  That power is delegated to Congress.  Article V says:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments…” [emphasis mine]

Congress calls it.  Not the States.

Furthermore, Dr. Edwin Vieira has pointed out:

 ‘The language “shall call a Convention for proposing Amendments” sets out a constitution duty in Congress. It embraces a constitutional power as well. That brings into play Article I, Section 8, Clause 18, which delegates to Congress the power “[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers [that is, in Article I, Section 8, Clauses 1 through 17], and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”. The power to “call a Convention for proposing Amendments” is one of those “all other Powers”. Therefore, pursuant to that power, Congress may enact whatever “Law[ ] which shall be necessary and proper for carrying into Execution the * * * Power [to call a Convention]’.

So!  Since Article V vests in Congress the power to call the convention; and since Article I, §8, last clause, vests in Congress the power to make all laws necessary & proper to execute its delegated powers; 5 Congress would be  within its constitutional authority to organize the Convention anyway it wants, and to appoint whomsoever it wishes as delegates. 6

Now look at this:  The chart on Article V shows that James Madison, Father of our Constitution, remarked on the vagueness of the term, “call a Convention for the purpose”:

How was a Convention to be formed? – by what rule decide? – what the force of its acts?” (Sep. 10); and “difficulties might arise as to the form, the quorum, &c., which in constitutional regulations ought to be as much as possible avoided” (Sep. 15, 1787).

Phyllis Schlafly also raised Twenty Questions about a Constitutional Convention.

Congress, pursuant to Article V and Article I, §8, last clause, has the constitutional power to answer all these questions by means of a law.

Folks!  The Farris/Natelson/ Levin camp is not telling you the truth when they say the States decide these issues!

2. Farris then says in his video:

“…in Article V of the Constitution [the Founding Fathers] gave us the solution…”

“…they gave the power to the States to create a new set of rules when the federal government overstepped its boundaries. We can recalibrate the rules to take power away from Washington D.C. and give it back to the people and to the States.”

His statements are both false and silly.

Here is the false part of what he said:

It was not the consensus at the Federal Convention of 1787 that the purpose of Article V was so States could make amendments to the Constitution in order to take power away from a federal government which had usurped power by violating the Constitution.

This chart shows what happened at the Federal Convention of 1787 re development of Article V.

Two delegates (Randolph & Mason, who didn’t sign the Constitution) supported the notion that amendments might be used if the national government should become oppressive.  And they didn’t want Congress to have any power over amendment procedures. Their view was the minority view.

Other delegates (Gov. Morris, Hamilton & Madison) thought Congress ought to be able to propose amendments.  One delegate (Mr. Gerry) worried about States obtaining a convention and binding the Union to innovations which subverted State Constitutions.  Hamilton spoke of amendments to correct defects which would probably appear in the Constitution.

So the final version of Article V provides two methods of proposing amendments to the Constitution.  Congress either:

  • Proposes the amendments; or
  • “Calls” a convention when the Legislatures of 2/3 of the States apply for it.  [Now see Art. I, §8, last clause.]

Now for the silly parts of what Farris said (and there are two silly parts):

3.  Farris tells us the solution to a federal government which “overstep[s] its boundaries” [violates the Constitution] is to amend the Constitution.

He proposes “to take power away from Washington D.C.” [power the federal government has usurped] by “recalibrate[ing] the rules”.

In other words, the solution to a federal government which violates the Constitution is to amend the Constitution.

Do you see how silly this is?

4.  Farris and his camp also imply that the States are victims of federal tyranny, and are the virtuous & wise ones who can fix our Country if they can just get a convention to propose amendments.

But the States are the ones who sold you out to the federal government in the first place!  I’ll show you:

The 10th Amendment says:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”.

What happened to these reserved powers?

The States sold them to the federal government.

Let’s use education as an illustration of how the States sold to the federal government your reserved power to educate your own children in the way you see fit.

The Creator God who, as recognized by our Declaration of Independence, endowed us with unalienable rights; assigned to parents the responsibility to provide for the education & moral instruction of their children:  Proverbs 1:8-9, 6:20-21, 13:1, 22:6 & 23:19-22; Genesis 18:19; Deuteronomy 4:9-10 & 6:1-7; Ephesians 6:1-4; 2 Timothy 1:5  & 3:15-17.

Is “education” one of the enumerated powers delegated to the federal government for the Country at large?  No.  So the federal government has no constitutional authority to get involved.  Accordingly, all acts of Congress pertaining to education for the Country at Large, the federal Department of Education, and all their rules & programs are unconstitutional as outside the scope of powers delegated to the federal government.

So why does the federal government dictate all things respecting education?

Because your States sold your God-given responsibility to educate your own children – and your reserved power to do so to the federal government.  This has been going on for a long time; but most recently your State sold you out for federal grants with the federal government’s “race to the top” and “common core” schemes. 7

You have to be ignorant, unthinking, & gullible – a greenhorn – to believe that The States are the men in the white hats who can fix all this with a convention to propose amendments.

Conclusion

The federal government is not the problem – it is the result of our own ignorance, pride and folly.

WE THE PEOPLE, who are “the natural guardians of the Constitution” (Federalist No. 16, next to last para) didn’t trouble ourselves to learn the enumerated powers of Congress and the President.  Do you know them?

I ask my Readers who have been supporting the “convention of States” scheme:  Have you studied our Founding Principles set forth in The Declaration of Independence? Have you studied the text of the Constitution so that you know what it says?

If not, how are you qualified to know how to “fix” a Constitution you never learned?

Are you willing to stake your lives & liberties, and those of your progeny, on whether those in the Barnett/Natelson/Farris/ Levin camp (1) know what they are talking about, and (2) are telling the truth?

Why? Because you like them?  Because they provide a scapegoat which permits you to blame-shift?  And you think you can “get even”?

Wise voices in this Country are warning you about the scam.  Foremost among them is Phyllis Schlafly, who has been warning of this danger for decades. Yet, such is the ignorant conceit of the greenhorns that they sneer at those who are warning them.

I trust you now see the connection between the moral corruption of a People and tyranny.

Endnotes:

1 Use your own head!  Do not be manipulated by other peoples’ choice of words. Rob Natelson formerly referred to what he wants as a “constitutional convention”.  Now, he calls it a “Convention of the States” – that is the term his cohorts & minions now use.  Why did they change what they called it?

2 But our elections are no longer honest. The States took federal grant money to buy voting machines which can be rigged.

3 Randy Barnett’s “Bill of Federalism” is ten proposed amendments which would transform our Constitution from one of enumerated powers to one of general & unlimited powers.  Mark Levin’s proposed amendments are similar to Barnett’s.

4 The GDP is computed by an agency in the Executive Branch. So under the BBA, spending would be limited by numbers under the control of the federal government:  By how much they tax you; or by a number (GDP) the Executive Branch computes. You think that is a fine idea?

5 The Federalist Papers tell us what the “necessary & proper” clause (Art. I, §8, last clause) means:  The clause delegates to Congress power to pass all laws necessary & proper to execute its declared powers (Federalist No. 29, 4th para); a power to do something must be a power to pass all laws necessary & proper for the execution of that power (Federalist No. 33, 4th  para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article” (Federalist No. 33, 2nd para); and thus the clause is “perfectly harmless”, a tautology or redundancy. (Federalist No. 33, 4th para).  See also Federalist No. 44, 10th -17th paras.  In other words, the clause permits the execution of powers already declared and granted.

Do not be misled by Rob Natelson’s post on the “necessary & proper” clause!  Why did Natelson ignore what The Federalist Papers say about this clause?  Why did he fabricate the song & dance set forth in his post?

6 Think this through also: Even if Congress, as a matter of grace, permitted the States to appoint delegates, how would delegates from your State be chosen? Who controls your State? Would the powers in your State choose you?  Or do you believe Michael Farris would choose the leaders?

7 This happened in your State because The People in your State elected to State government people who sold you out.  See this website on federal grants:  http://www.ffis.org/database   You think your State Legislators, who have been gobbling up all the federal grant money they can get, will fix our Country at a “convention” to propose amendments? PH.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

December 18, 2013 Posted by | 10th Amendment, Amendments to the Constitution, Amendments: Parental Rights Amendment, Article V, Article V Convention, constitutional convention, Convention of States project, Edwin Vieira, Federal Convention of 1787, Jordan Sillars, Mark Levin, Michael Farris, Necessary and Proper clause, Phony right wing, Phyllis Schlafly, re-writing the Constitution, Retained Powers, States Retained Powers, Tenth Amendment, The Liberty Amendments | , , , , , , , , | 54 Comments

Model Nullification Resolutions for State Legislatures.

The Proposed Tennessee Resolutions of 2012

PLEASE NOTE:  I have revised these model resolutions.  The revised version is better organized and reads better.   You can find the revised resolutions by clicking on the following hyperlink:

Now, How Do We Get Rid Of Obamacare?  Nullify It!

Do use the revised model for your study, instead of the one below.

The revised version – which you can find at the link – sets forth in a nutshell all one needs for a basic understanding of our Constitution – and how the supreme Court destroyed it.

As always, feel free to post your questions.  PH

Proposed by Publius Huldah.

1. Resolved, That the States composing the United States of America are not united on the principle of unlimited submission to the federal government; but that, with the Constitution for the United States, they established a federal government for limited purposes only.  That they delegated to this federal government only limited and enumerated powers; and reserved, each State to itself, all remaining powers, along with the right to their own self-government.

That whenever the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force.

That to these Principles, each State agreed as a State, and as the Parties to the Constitution.

That the federal government is not a party to the Constitution, but is merely the creature of the Constitution; and as the mere creature, was not made the exclusive or final judge of the extent of the powers delegated to it; since that would have made the creature’s will, and not the Constitution, the measure of its powers.  That as in all other cases of compact among powers having no common judge, each State has an equal right to judge for itself as to whether the creature has committed infractions, and as to the mode and measure of redress.

2. Resolved, That Art. I, Sec. 2, of the Constitution of The State of Tennessee acknowledges the Principle that the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.

3. Resolved, That the Constitution of the United States ordained and established a Federation of Sovereign States which united only for THE LIMITED PURPOSES enumerated in the Constitution: national defense, international commerce and relations; and domestically the creation of an uniform commercial system:  Weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery.  That the 10th  Amendment to the Constitution also declares that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

That nowhere in the Constitution of the United States was any power granted to Congress to make laws respecting agriculture, farming operations, labor and employment, or children and families; and that nowhere in the Constitution are powers over these matters prohibited to the States. These matters are altogether outside the scope of powers delegated to the federal government. Therefore, power over these matters is reserved solely and exclusively to the respective States and THE PEOPLE, each within its or their own territory.

4. Resolved, That Art. I, Sec. 1 of the Constitution of the United States provides that all legislative Powers granted by that Constitution are vested in CONGRESS; therefore, Departments within the Executive Branch are forbidden to make any “rules” or “laws” of general application whatsoever.  That administrative rules promulgated by the Department of Labor, one of the Executive Departments of the federal government, set forth at 29 CFR Part 570, and which pretend to regulate child labor throughout the several States; are altogether void, and of no force,  as in violation of Art. I, Sec. 1, of the federal Constitution.

5. Resolved, That child laborers, including agricultural workers and children who work on family and other farms, are under the jurisdiction and protection of the Constitution and laws of the State wherein they are; that no power over them has been delegated to the United States, nor prohibited to the individual States. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; the rules of the federal Department of Labor set forth at 29 CFR Part 570, which assume powers not delegated by the federal Constitution over child laborers, including agricultural workers and children who work on family and other farms, is not “law”, but is altogether void, and of no force.

6. Resolved, That since children and their parents or employers are under the protection of the State Constitution and laws of the State where they are; in cases of any violations of the Laws of such State, they are entitled to have their cases handled by the duly convened Courts of such State.  That transferring power of defining, prosecuting, and judging any such violations from the three branches of the State Governments to bureaucrats within one of the federal executive departments, is altogether unlawful and an intolerable usurpation of power.

7. Resolved, That the misconstructions long and unlawfully applied by the federal government to the so-called “taxing”, “general welfare”, “interstate commerce”, and “necessary and proper” clauses, to the effect that these clauses bestow unlimited powers on the federal government, goes to the destruction of all limits prescribed to their powers by the federal Constitution. That the true and genuine meaning of those clauses is as follows:

a) The “taxing” and “general welfare” clauses:  Art. I, Sec. 8, cl.1, employs “general terms” which are “immediately” followed by the “enumeration of particular powers” which “explain and qualify”, by a “recital of particulars”, the general terms. It is “error” to focus on the “general expressions” and disregard “the specifications which ascertain and limit their import”; thus, to argue that the general expression provides “an unlimited power” is “an absurdity” (Federalist Paper No. 41, last 4 paras).

The federal Constitution declares that “the power of Congress…shall extend to certain enumerated cases.  This specification of particulars…excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended…” (Federalist No. 83, 7th para).

b) The “interstate commerce” clause: “Commerce” is the buying and selling of goods – only that and nothing more. Webster’s American Dictionary (1828) says “commerce” is:

“an interchange or mutual change of goods, wares, productions, or property of any kind, between nations or individuals… by barter, or by purchase and sale; trade; traffick… inland commerce…is the trade in the exchange of commodities between citizens of the same nation or state.”

Federalist No. 22 (4th para), Federalist No. 42 (9th  &10th  paras), Federalist No. 44 (at 2.), and Federalist No. 56  (5th & 6th paras), explain the two purposes of the “interstate commerce” clause: (1) to prohibit the States from imposing tolls and tariffs on articles of import and export – goods & commodities – merchandize – as they are transported through the States for purposes of buying and selling; and (2) to permit the federal government to impose duties on imports and exports, both inland and abroad.

Article I, Sec. 8, cl.1; Art. I, Sec. 9, cls. 5 & 6; and Art. I, Sec.10, cls. 2 & 3, of the federal Constitution give express effect to these two purposes of the “interstate commerce” clause.

c) The “necessary and proper” clause:  This clause merely delegates to Congress the power to pass laws necessary and proper to execute its declared powers (Federalist No. 29, 4th para); a power to do something must be a power to pass all laws necessary and proper for the execution of that power (Federalist No. 33, 3rd para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article” (No. 33, 2nd para); and thus the clause is “perfectly harmless”, a  tautology or redundancy” (No. 33, 3rd para).  Madison writes to the same effect in (Federalist No. 44, at 1.).

The clause merely permits the execution of powers already delegated and enumerated in the federal Constitution.  No additional substantive powers are granted by this clause.

That contrary to the misconstructions long and unlawfully applied by the federal government, the federal Constitution is one of enumerated powers only:

“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.”  (Federalist No. 45 , 9th para)

“…the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignity over all other objects….” (Federalist No. 39, 3rd para from end)

“…the general [federal] government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects...” (Federalist No. 14, 8th para)

“…It merits particular attention … that the laws of the Confederacy [those made by Congress], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land…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…”[caps are Hamilton’s] (Federalist No. 27, last para).

That The Federalist Papers – and not the U.S. supreme Court – is the highest authority and evidence “of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning”. The supreme Court is merely a creature of the Constitution and is completely subject to its terms; and when judges on that and lower federal courts – who serve during “good Behaviour” only (Art. III, Sec. 1, cl. 1) – usurp powers, they must be impeached and removed from office (Federalist No. 81, 8th para).

8. Resolved, That to take from the States all the powers of self-government and to transfer all powers to a general and consolidated national government, in defiance of the Constitution which was ordained and established by THE PEOPLE, is not for the peace, happiness or prosperity of THE PEOPLE.

Therefore this State is determined to refuse to submit to undelegated powers exercised over them by the federal government; and rejects altogether the notion that the federal government may exercise unlimited powers over them.

That in cases of an abuse of the delegated (enumerated) powers, the members of the federal government, being chosen by the people, a change by the people would be the constitutional remedy.

But, where powers are usurped which have not been delegated to the federal government – when the federal government acts outside of, and in defiance of, the federal Constitution by exercising powers not delegated to it by that Constitution; then a nullification of the unlawful act is the rightful remedy.

Thus every State has a natural right – which pre-dates & pre-exists the federal Constitution – to nullify of their own authority all such lawless assumptions of power within the boundaries of their State.  That without this pre-existing natural and original right, they would be under the dominion, absolute and unlimited, of whoever in the federal government chooses to exercise tyrannical powers over them.

The States alone are The Parties to the compact; and thus are solely authorized to judge in the last resort of the powers exercised under it.  Congress, the Executive Branch, and the Judicial Branch are not parties to the contract; but are merely the creatures of the compact (Federalist No. 33, 5th para).  As mere creatures, they may exercise no powers other than those enumerated powers specifically delegated to them.

9. Resolved, That matters pertaining to “labor”, “employment”, “farms”, “children” and their employers or parents, are nowhere delegated to the federal government by the federal Constitution; but are among the countless multitudes of matters reserved to the States or THE PEOPLE.

Therefore, the federal Department of Labor is itself an unlawful department, and its mere existence an affront to the Constitution; and all of the powers it exercises are usurped powers as outside the scope of the powers delegated to the federal government by our Constitution.

That if the pretended “rules” of this spurious federal Department of Labor should stand, these conclusions would flow from them; that unelected bureaucrats within the Executive Branch of the federal government may force upon The States and THE PEOPLE their own ideas of what children and their employers or parents may and may not do; that they may place any act they think proper on a list of prohibited activities, that they will send out swarms of officers to trespass upon private farms and places of business, to harass employers, children and their parents;  and then prosecute and punish violations of their pretended “rules” in their own pretended “administrative courts” with their own pretended “administrative judges”.

That the federal departments within the Executive Branch of the federal government have established a pattern of unlawfully functioning as legislators, when they write “agency rules”; as executives, when they investigate and prosecute violations of “agency rules”; and as judges and juries when they decide whether violations of their “agency rules” have occurred.  Thus the Executive Branch unlawfully functions as legislator, accuser, judge & jury, in violation of the Constitution and of the Principles of Separation of Power and of Checks and Balances.

To this abomination is added the additional affront that the objects of these pretended “rules” are altogether outside the scope of the enumerated powers delegated to the federal government in our Constitution.

That in this way, those within the Executive Branch of the federal government are sweeping away all the barriers of our Constitution; and that no ramparts now remain between their unbridled and insatiable lust for power over THE PEOPLE except for the several States.

10. Resolved, That if the States do not now resist all such blatantly unlawful usurpations of power, THE PEOPLE of their States will be delivered into abject slavery subject to the unbridled control of whosoever occupies the office of President.  Our Representatives in Congress have shirked their constitutional obligation to support the Constitution (Art. VI, cl. 3), by acquiescing in the blatant usurpations by the Executive Branch; and  have failed in their duty to impeach and remove those within the Executive Branch who usurp powers (Federalist No. 66, 2nd para, and No. 77, last para).  That the supreme Court long ago took the side of those who seek to exercise unlimited control over the States and THE PEOPLE; and that Congress has failed in their duty to impeach and remove federal judges who usurp powers (Federalist No. 81, 8th para).

That pursuant to Art. VI, cl. 3 of our federal Constitution, all State legislators, State Officers and State Judges take a solemn Oath to support our federal Constitution. Therefore, they are bound to protect THE PEOPLE of their States from the usurpations of the federal government whose clear object is the establishment of an absolute Tyranny over the States and the People.

That our Framers anticipated the dangers we now face and provided wise counsel for such a time as this.  Federalist No. 28 (last 5 paras) states that when “the representatives of the people betray their constituents”, the people have no recourse but to exert “that original right of self-defense” [The Declaration of Independence, 2nd para], against “the usurpations of the national rulers” (5th para from end).

That in a Federation of States united under a federal government for only limited purposes,

“…the people… are…the masters of their own fate. Power being almost always the rival of power, the general [federal] government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress…” (4th para from end)

Thus, THE STATE LEGISLATURES are the ultimate bulwark of The People and The Ultimate Human Protectors of our Constitutional Republic:

“It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.”  (3rd para from end)

The last paragraph of Federalist No. 28 recognizes that when the federal government seeks

“… a despotism over the great body of the people … [the people] are in a situation, through the medium of their State governments, to take measures for their own defense…”

11. Resolved, That because men may not be trusted with power, the federal Constitution fixed the limits to which, and no further, the federal government may go.  Would we be wise if we permit the federal government to destroy the limits the Constitution places upon its powers? Would we be wise if we permit unelected bureaucrats in the Executive Departments of the federal government to regulate every aspect of our lives?

That if those who administer the federal government be permitted to transgress the limits fixed by the federal Constitution, by disregarding the limits on its powers set forth therein, then annihilation of the State Governments, and the erection upon their ruins, of a general consolidated  government, will be the inevitable consequence.

That the several States, being sovereign and independent, have the unquestionable right to judge of infractions to the federal Constitution; and that nullification by those sovereign States of all unauthorized acts of the federal government is the rightful remedy.

THEREFORE, this State, recurring to its natural rights in matters outside the scope of the powers delegated to the federal government, declares these acts void, and of no force, and will take measures of its own for providing that neither these acts, nor any others of the federal government not plainly and intentionally authorized by the Constitution, shalt be exercised within this State.

Notes:

1. The above is patterned on the relevant portions of The Kentucky Resolutions of 1798, written by Thomas Jefferson in response to the alien and sedition acts passed by Congress which purported to grant to the President tyrannical powers with respect to aliens & “seditious” words.

2. These proposed Resolutions focus on administrative “rules” made by a Department within the Executive Branch of the federal government. This Model may be easily adapted to address acts of Congress which are outside the scope of its enumerated powers; Executive Orders which are outside the scope of the President’s enumerated powers; and supreme Court opinions which exceed their enumerated powersand disregard the federal Constitution, such as their lawless rulings banning public expressions of the Faith of Our Fathers and misapplying Sec. 1 of the 14th Amendment in order to undermine the morals of the People and to destroy the residuary sovereignity of The States.

3. Several attorneys, historians, and others who claim special knowledge on this subject have asserted that States have no right to nullify anything the federal government does; that the States and The People must submit to the federal government no matter what it does; that only the federal government may question the federal government; thatthe federal government created by the Constitution is the exclusive and final judge of the extent of the powers delegated to it; and the opinion of five supreme Court judges, not the Constitution, is the sole measure of its powers.

Such people may not understand the distinction between abuses of delegated powers (e.g., unwise bankruptcy laws – Art. I, Sec. 8, cl. 4), for which election of better Representatives is the answer; and usurpations of powers which have not been delegated and are thus outside the lawful reach of the federal government (e.g., obamacare), for which nullification is the proper answer. When any branch of the federal government steps outside of the Constitution to make laws or “rules” or issue “opinions” which exceed their delegated powers; the States must resort to those original rights which pre-date & pre-exist Our Constitution to nullify such usurpations by the federal government of undelegated powers.

Such people also do not seem to understand our Founding Principles: Our Declaration of Independence says:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it …”  (2nd para)

In that one paragraph, we learn the five foundational principles of our Constitutional Republic:

  • Our Rights are unalienableand come from God;
  • The purpose of civil government is to protect our God-given Rights;
  • Civil government gets its powers from THE PEOPLE;
  • Civil government is legitimate only when it stays within the powers WE delegated to it; and
  • When civil government becomes destructive of the purposes for which WE created it, WE may throw it off.

The Constitution is the formal expression of our Consent for the federal government to exist; and it is our formal statement of which specific powers WE agreed to delegate to the three branches of that government. Look atthe opening words:

“WE THE PEOPLE … do ordain and establish this Constitution for the United States of America.”

The federal government operates with our consent only when it restricts itself to the powers WE delegated to it – when it obeys the Constitution. When it exercises usurped powers which have not been delegated to it, it becomes illegitimate. 

When the federal government loses its legitimacy – as it now has – it is the sworn duty of the States, pursuant to Art. VI, cl. 3, of our Constitution, to resist.

4. Others who claim special knowledge on this subject insist that a single State may not nullify any act of the federal government; that only a majority of the States acting in concert may do so.

But they overlook the nature of the laws protested in the Kentucky & Virginia Resolutions. Those Resolutions addressed laws made by Congress which purported to grant to the President certain dictatorial powers and jurisdiction over “aliens” and “seditious words”. The States have no means of stopping the President from enforcing such laws since the President has the raw power to send out armed thugs to arrest people by night; and then to prosecute, convict, & execute them in secret tribunals and chambers. The States may object – but they can’t stop it. The supreme Court may denounce it, but can’t stop it. Only Congress can put an end to it by impeaching & removing such a usurping President (Federalist No. 66, 2nd para & No. 77, last para).

But when Congress by means of a law (which is outside the scope of its delegated powers); or the President by means of an executive order (which is outside the scope of his delegated powers); or federal executive departments by means of administrative rules (which they are altogether prohibited by Art. I, Sec. 1 from making); or the supreme Court by means of opinions which contradict Our Constitution; purport to require THE STATES to do something, or stop doing something, then of course THE STATES – on an individual basis – have both the POWER and the DUTY (imposed by their Art. VI, cl. 3 Oaths of Office) to nullify such usurpatious acts within the boundaries of their States.   The proper battle cry in such events is, “Not in my state!”

Do you see? PH
Posted March 13, 2012

Postscript Added March 15, 2012:

The federal government is not God.  It is merely our “creature”. We The People created the federal government when We ordained and established Our Constitution. And when We enumerated the powers We delegated to each branch of the federal government, We told the federal government what We were giving it permission to do.

But we have now come to believe that the federal government may do whatever it wants; and we must obey it.  And because we have believed this for so long, a totalitarian fascist dictatorship is right now being imposed on us.

So what should we do?  Revolution and bloodshed? No!  There is a better way, and our Framers show us:  On behalf of The People of their States, The State Legislatures must now resort to that original right of self-defense which pre-exists & pre-dates The Constitution; and must nullify those acts of the federal government which are outside the scope of the powers We delegated to it in Our Constitution.

The Model Resolutions  set forth the Authorities on which they are based, so that State Legislators may propose them in their State Legislatures with complete confidence that Our Framers “have their backs”. PH

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

March 13, 2012 Posted by | 10th Amendment, Administrative Law, Checks and Balances, Declaration of Independence, Department of Labor, Elastic clause, General Welfare Clause, Kentucky Resolutions of 1798, Necessary and Proper clause, Nullification, Oath of Office, Resistance to tyranny, Rulemaking by Executive Agencies, separation of powers, States Retained Powers, States Rights, Tennessee Constitution, Tenth Amendment, The Tennessee Resolutions, Usurpations of power | , , , , , , , , , , , , , , , , , , , | 62 Comments

What Should States Do When the Federal Government Usurps Power?

Advice From James Madison, Father of the U.S. Constitution.

By Publius Huldah

1. What can a State – or several States – do to resist encroachments & usurpations by the federal government?

2.  Federalist No. 46  (7th para) discusses how individual States or several States carry out resistance to the federal government’s unconstitutional encroachments. If a particular State takes an action which the federal government doesn’t like, but which has the support of the People of that State, the federal government can’t do anything about it unless it is willing to use force.

When several States oppose an unconstitutional encroachment by the federal government, Madison says they have powerful means of opposition:  the disquietude of the people, their repugnance (e.g., baby-killing enshrined into public policy), the Peoples’ refusal to co-operate with the officers of the federal government; the opposition of the State officials; and all those legislative devices State Legislatures can invent to thwart & impede the federal government in its unconstitutional schemes.

So, in para 7, Madison contemplates that not all States will oppose unconstitutional encroachments by the federal government. But he shows that this need not impede the States who do.  Such States need not implement in their States the federal government’s lawless usurpations.  Have we forgotten how to just say, “NO! You have no authority under the Constitution to do this, and the Sovereign State of X and the Sovereign People of the State of X won’t permit this.”  If we have taken the Oath to support the Constitution (Art. VI, clause 3), then we are bound by Honor to support it!

3.  Note that Madison doesn’t say the States should file lawsuits in federal court. And WHY would Sovereign States, which formed a federation for the limited purposes enumerated in Art. I, Sec. 8, U.S. Constitution; ask one branch of the federal government (judiciary) to opine on whether a “law” approved by the two other branches (legislative & executive) exceeds the enumerated powers of Congress or encroaches on the reserved powers of the States and the People (10th Amendment)?  All three branches of the federal government have been unified against The Constitution, the States, and the People for a very long time!  Why do States put themselves in the position of supplicants to a Court which has already shown itself to be contemptuous of the Constitution, and of the States’ and The Peoples’ reserved powers?

Furthermore, the Supreme Court is not even the ultimate authority on the meaning of the Constitution!  Alexander Hamilton said federal judges may be impeached & removed for usurpations (Federalist No. 81, 8th para); the People are “the natural guardians of the Constitution” as against federal judges “embarked in a conspiracy with the legislature”; and the People are to become “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.”(Federalist No.16, 10th para).

4.  In para 8, Madison discusses a “general alarm” among the States as to encroachments by the federal government. Here, Madison contemplates concerted “plans of resistance” among the States; and Madison says it may come to a “trial of force” if a crazed federal government doesn’t back down. In para 10, Madison says that the federal government’s “schemes of usurpation will be easily defeated by the State governments, who will be supported by the people”.

5.  In para 9, Madison discusses the federal government’s initiation of a “trial of force”.   But who would fight for the federal government?  Madison spoke of the regular Army as the force used by the federal government.  But that has been the Army of our children and neighbors’ children!  [We need not fear them unless we permit aliens to serve in our armed forces.]   The federal government does have, here & there, those heroic, noble, and brave men who shoot nursing mothers in the forehead, young boys in the back, and gas & apparently incinerate men, women & children. How many are they?  Then there is Obama’s personal “civilian national security force”.  Has it been established?  Even so, would they be honorable men, or another collection of thugs?  In any event, Madison said, “…it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.”

6. When we quote James Madison and The Federalist Papers on what States may do when the federal government has encroached upon the powers reserved by the States and the People; we quote a high Authority on The Constitution. James Madison is the Father of the Constitution,  and the author of many of the Federalist Papers.   States act lawfully when they follow such  guidance of James Madison. When the federal government descends into lawlessness & tyranny, The States and The People may protect and preserve their Constitution – as they are already sworn to do.

7. Yes, the ultimate authority resides in The People.  But this does not mean that The People should – or need to – initiate a show of force.  Remember the Rev. Dr. Martin Luther King!  He put on his clerical collar and went out into the streets with others to protest State LAWS which enforced segregation.  They used non-violent civil disobedience:  Black people sat down at “white’s only” lunch counters!  Black people sat in the front of the buses.  They did not initiate force.  The moral superiority of their position could not be denied, and they won.

8.  We have Our sacred Constitution.  The most important concepts for you to learn are these:  (1) ENUMERATED POWERS (2) Why neither the “GENERAL WELFARE“, the INTERSTATE COMMERCE nor the “NECESSARY & PROPER” [see linked paper at para 13] clauses authorize Congress (or the President or the FEDERAL COURTS ) to exceed their enumerated powers (3) The true meaning of the “RULE OF LAW” and how that differs from the “Rule of Men”; (4) What is “FEDERALISM“, and (5) The origin of our Rights and why you must NEVER speak of  “constitutional” rights. My papers on RIGHTS explain the moral superiority of our position. You must learn why our position is morally superior to that of the statists. And you must be prepared to explain it at all times.

May God be merciful and grant us national repentance and a peaceful political resolution.

April 3, 2010; revised April 16, 2011

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

April 3, 2010 Posted by | Federalist Paper No. 46, James Madison, Nullification, Resistance to tyranny, States Retained Powers, Usurpations of power, What States must do when the feds usurp power | , , , , , , , | 27 Comments

   

%d bloggers like this: