By Publius Huldah.
The English Puritans who came here in the 1630s knew that the Old Testament has a great deal to say about civil government. And they came to build that shining city on a hill.
They did not come here to escape from the World, to wait for the end of the World, and to surrender it to evil.
And so – we became a shining city on a hill. The fundamental act of our Founding, the Declaration of Independence, recognizes the Creator God as the Source of Rights;1 and acknowledges that the purpose of civil government is simply to “secure” the Rights God gave us. The Constitution we subsequently ratified was based on God’s model of civil government as set forth in the Bible.
That is why our Country was so much better than what the rest of the World has been. For the most part, we followed God’s model for civil government; other countries didn’t.
The blessing which flows from God’s model is limited civil government which is under The Law. That is why our Liberty Bell quotes Lev. 25:10 – “Proclaim LIBERTY throughout all the Land unto all the Inhabitants thereof.”
In this paper, I will show you Six Principles which come from the Bible and how our Framers applied them. In a future paper, I will show you Six Biblical Principles Thomas Jefferson listed in the Declaration of Independence, and how those Principles are also incorporated into our Constitution.
1. The Civil Authorities are under the Law.
The Bible: God is The Lawmaker – the kings are to apply God’s Law. 2
- Deut. 17:18-20: The king is to write out a copy of God’s Law. He is to have it by him and read from it all his life so that he may keep, observe, and apply it.
- 1 Kings 2:1-4: King David on his deathbed tells Solomon he must conform to God’s ways, and observe his statutes, commandments and judgments, as written in the Law of Moses.
The parallel in our Constitution is that the Constitution is the Supreme Law which the civil authorities are to obey.
Noah Webster’s 1828 American Dictionary defines “constitution”:
“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.” [boldface added]
Our Constitution is the Standard by which the validity of all Acts of Congress, all acts of the Executive Branch, all judicial opinions, and all Treaties is measured and judged (Art. VI, cl. 2).
Do you see? Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution.
Tyrants, on the other hand, claim that they are the source of law. The Roman Caesars, Stalin, Hitler, the dictator of N. Korea and Obama all claim that their will is “law”. Consider Obama’s usurpatious executive orders and rules made by his executive agencies. This is the “Rule of Man” – when the civil authorities deny they are subject to a higher law (be it God’s Law or the Constitution), and hold that their will is “law”.
2. Civil Government has only limited and defined Powers:
The Bible: When you read through the Old Testament, you see that civil government is limited to:
- Military matters
- Enforcement of only a few of God’s Laws – the laws to which a penalty for violation is attached (laws against murder, theft, bearing false witness, negligence, etc.).
- Judges are available to decide disputes between the people.
Most of God’s Laws are a matter of individual and family self-government (e.g., charity, family welfare, education, don’t drink too much, work hard).
The parallel in our Constitution is that it is one of enumerated powers only:
- Congress’ Enumerated Powers are listed and explained here.
- The President’s Enumerated Powers are listed and explained here.
- The Judicial Branch’s enumerated powers are listed and explained here.
All other powers (except those listed at Art. I, §10) are retained by the States or the People. “Self-government” means that as individuals, we govern ourselves in accordance with the laws of God [or the “Natural Law”]. It doesn’t mean that we elect representatives to manage our lives for us!
Tyrants claim the power to do whatever they want.
3. Civil Government is divided into Three Parts:
The Bible: Isaiah 33:22 says The Lord is our “judge”, “lawgiver”, and “king”!
The parallel in our Constitution is that the federal government is divided into three branches: Judicial, legislative, and executive.
No human can be trusted with all three functions, so our Constitution separates them into three branches, with each branch having checks on the powers of the other branches.
Tyrants seek to exercise all three functions. Obama is making Congress irrelevant: When they refuse to pass a law he wants, he implements it by “executive order” or “agency regulation”. He’s making the judicial branch irrelevant by ignoring their decisions which go against his will.
4. The Civil Authorities promise to obey the Higher Law.
The Bible: The king promises to obey God’s Laws and to apply God’s Laws in the kingdom; and the people pledge themselves to this promise:
- King Josiah’s covenant at 2 Kings 23:1-3: King Josiah called all the people together and in their presence, read aloud to them the Book of the Law which had been found in the temple. Then King Josiah entered into a covenant with God that he would obey him and keep his commandments and statutes as written in the Book of the Law. And all the People pledged themselves to this covenant.
- Joash’s (via the priest Jehoiada) covenant at 2 Kings 11:17 and 2 Chron 23:16.
- David’s covenant at 2 Sam 5:1-4 and 1 Chron 11:1-3.
Our Constitutional Oaths of Office:
- Art. II, Sec. 1, last clause: The President promises to “preserve, protect and defend the Constitution”.
- Art. VI, last clause: All other federal and State officers and judges promise to “support” the Constitution.
5. When the Civil Authorities violate the Higher Law, We must Rebuke them!
The Bible: The prophets rebuke the kings when they forsake God’s Law:
- Samuel rebuked King Saul (1 Samuel 13:10-14)
- Nathan rebuked King David (2 Samuel 12)
- A Man of God rebuked King Jeroboam (1 Kings 13)
- Elijah rebuked King Ahab (1 Kings 16:29 – 1 Kings 17:2; 1 Kings 18:16-20; 1 Kings 21:17-29)
- Elijah rebuked King Ahaziah (2 Kings 1:1-18)
- Elisha rebuked Jehoram, King of Israel (2 Kings 3:1-14)
- The prophets warned of the pending destruction of Jerusalem because of the sins of King Manasseh (2 Kings 21:10-16)
- The book of Micah.
The Black Robed Regiment of Our Revolution: Some 237 years ago, our pastors were leaders in bringing about our Revolution. They understood that the English king and Parliament were imposing tyranny on us in violation of God’s Law.
In the Declaration of Independence, we rebuked the British Crown when we itemized our grievances and recited how we had petitioned for redress and had warned that if they didn’t stop the usurpations, we would separate from them.
But today, we don’t have enough clergy with the knowledge and the spine to rebuke the federal government. Many don’t know what the Bible says about civil government,3 and they don’t know our Founding Principles and documents. Too many of our clergy just want to escape or withdraw from the World, avoid controversy, and preserve their 501 (c) (3) tax exemption.
The Catholic Priests are speaking out about being forced to provide contraception and abortion pills as violations of their religious freedom. But they should be denouncing the HHS rules as unconstitutional exercises of undelegated powers.
Their goal should not be to carve out an exemption for themselves from rules they don’t agree with; but to enforce The Constitution for everyone.
“Rebuke” does not consist in saying, “I don’t agree” or “It violates my beliefs.”
A proper rebuke points out the Higher Law being violated, and demands compliance with that Higher Law – not with one’s personal views.
Because the Priests have focused on their religious beliefs, instead of on biblical/constitutional principles; the discussion in the media has been about the percentage of Catholics who use birth control – the implication being that since most Catholics use it, the Priests are out of touch.
But if the Priests would say:
- Obamacare is unconstitutional as outside the scope of the powers delegated to Congress – the medical care of the People not being one of the enumerated powers; and
- The HHS rules are unconstitutional as outside the scope of the powers granted to the Executive Branch, and as in violation of Art. I, § 1 which provides that only Congress may make laws; 4
Then, they would make a proper Rebuke. And the discussion would be where it should be: on the enumerated powers of Congress and the unconstitutionality of rule-making by executive agencies.
So! The purposes of Rebuke are to Warn and Teach:
- To warn the civil authorities of their violations of the Higher Law, and
- To educate the civil authorities and The People about the Higher Law.
The Constitution is a theological document! It is the job of our clergy – Catholic, Protestant and Jewish – to know this. And to defend God’s Word as expressed in our Constitution. God requires our clergy to take an active role in protecting the People from a civil government which violates the Higher Law – be it God’s Law or our Constitution which is based on God’s Law.
We The People must also rebuke the federal government when they violate our Constitution. We do it by posting on line, talking to friends, family, and everyone else within our spheres of influence. Stick to Principles – avoid personal opinions. Cite the provision of our Constitution they violated; or as is usually the case, show that what they have done is not an enumerated power. When they have town hall meetings, rebuke them there. Watch this magnificent woman and see how it is done!
6. The Peoples’ Obligation to obey the Civil Authorities is conditional upon the Civil Authorities obeying the Higher Law.
The Bible: As shown by the Scripture at Principle 4, civil government is a covenant between God, the king, and the People. God makes the Laws; the king promises to obey and apply those Laws; and the people pledge themselves to the Covenant.
Out of this relationship between God, the king and the people, arises the peoples’ obligation to protest lawlessness on the part of the king. If they don’t protest, God punishes the people because of the misdeeds of their kings – the people will suffer if they go along with the unlawful acts:
- God sent a 3 year famine because Saul put the Gibeonites to death (2 Sam 21).
- God sent a pestilence which killed 70,000 Israelites because David took the census (1 Chron 21 & 2 Sam 24).
- God (via Elijah) sent a famine because Ahab & his house forsook the commandments of the Lord (1 Kings 16:29-33, 17:1, 18:1, 18:17-19).
- God struck a heavy blow at Joram’s people because of Joram’s wickedness (2 Chron 21:1-14).
- God visited 4 dooms upon Jerusalem & the Southern Kingdom because of the sins of Manasseh (2 Kings 21:10-17 & Jer 15:3-4).
The parallel in our Constitution is this: When Congress makes a law which is outside the scope of its enumerated powers, it is no “law” at all, but is void; and we have no obligation to comply. Alexander Hamilton says this over and over in The Federalist Papers. Here are a few examples:
“…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…” (Federalist No. 33, 5th para). [boldface added]
“…acts of … [the federal government] which are NOT PURSUANT to its constitutional powers … will [not] become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such…” (Federalist No. 33, 6th para). [boldface added]
“…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act …contrary to the Constitution can be valid. To deny this, would be to affirm … that men … may do not only what their powers do not authorize, but what they forbid.” (Federalist No. 78, 10th para). [boldface added]
Hamilton also tells us that Congress can’t usurp powers unless the People go along with it! In Federalist No.16 (next to last para), he points out that because judges may be “embarked in a conspiracy with the legislature”, the People, who are “the natural guardians of the Constitution”, must be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.”
So! Hamilton applies the Biblical model of what WE are supposed to do when the federal government acts outside of the Constitution. We are to recognize that their acts are “void”, and We are to take whatever prudent measures are necessary to enforce the Constitution.
What can We do?
Hamilton tells you to LEARN the Constitution; demand that federal and State officials obey it; and don’t go along with them when they violate it!
READ our Declaration of Independence and Constitution until you become familiar with them. Stick to original sources (e.g., The Federalist Papers) and beware of the ignorant know-it-alls with their crazy theories.
REBUKE officials and judges who violate the Constitution! Specify the violation. Usually, the violation is that what they did is not an enumerated power.
ELECT State & County officials who will nullify unconstitutional acts of Congress, executive orders, & judicial opinions. Here are Model Nullification Resolutions for State Legislatures.
TALK to your pastor, priest or rabbi – we all share the Old Testament. We must dust off our copies and read them; renounce escapism & defeat; renounce the unbiblical doctrine of socialism (listen to Fr. Andrew!); renounce the unbiblical doctrine of divine right of kings – the false doctrine that God granted autonomy to the civil authorities; declare independence from the federal government and throw off the chains of the 501 (c) (3) tax exemption! Start being the Salt & Light we are called to be – the Watchmen on the Wall. PH.
1 Here are express references to God in our Declaration of Independence:
- …The Laws of Nature and of Nature’s God…
- …endowed by their Creator with certain unalienable Rights…
- …appealing to the Supreme Judge of the world for the rectitude of our intentions…
- …with a firm reliance on the protection of divine Providence…
Our Constitution at Art. VII, last clause:
- …in the Year of our Lord one thousand seven hundred and Eighty seven…
2 “Lex, Rex” – the Law is above the king! Not “Rex, Lex”.
3 Romans 13 must be read in pari materia with everything the Bible says about civil government! The false doctrine of “divine right of kings” is based on ignoring the numerous Old Testament provisions addressing civil government. Romans 13 actually says that the civil authorities are God’s ministers and agents, and if we are “good” we have no cause to fear them; but if we do “evil” we do have cause to fear them.
So! When reading Romans 13, Titus 3:1 & 1 Peter 2:13-14, we must keep in mind that it is God who decides what is “good” and what is “evil”. God never gave civil authorities the power to define “good” and “evil”; and God never gave them autonomy. Bad theology is, and has long been, the cause of much evil. And Pride keeps it going.
4 Article I, §1 says:
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
Only elected Senators (Art. I, §3, cl. 1) & popularly elected Representatives (Art. I, §2, cl. 1) may exercise legislative powers. Our Constitution doesn’t permit unelected bureaucrats to make laws. Federal judges have disgraced the Bench by permitting rule-making by executive agencies. PH.
June 23, 2012
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:
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.
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
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