Apr 23rd, 2013
A lot of Americans know that the US government is out of control. Anyone who has cared enough to study the US Constitution even a little knows this. Still, very few of these people are taking any significant action, and largely because of one error: They are waiting for “the good guys” to show up and fix things.
Some think that certain groups of politicians will pull it together and fix things, or that one magnificent politician will ride in to fix things. Others think that certain members of the military will step in and slap the politicians back into line. And, I’m sure there are other variations.
There are several problems with this. I’ll start with the small issues:
- It doesn’t happen. A lot of good people have latched on to one grand possibility after another, waiting for a good guy to save the day, and it just doesn’t happen. Thousands of hours of reading, writing and waiting are burned with each new “great light” who comes along with a promise to run the system in the “right” way, and give us liberty and truth. (Or whatever.) Lots of decent folks grab on to one pleasant dream after another, only to end up right back where they started… but poorer in time, energy and finances.
- Hope is a scam. It’s a dream of someday, somehow, getting something for nothing. People who hope do not act – they wait for other people to act. Hope is a tool to neuter a natural opposition: they sit and hope, and never act against you. Even the biblical meaning of hope is something more like expectation (or sometimes waiting) than the modern use of hope.
- Petitioning an abuser for compassion. The “good guys” are considered to be a few people inside the abusive government. But if the good guys were really good, wouldn’t they have dissociated themselves with an abuser some time ago? By pleading for the good guys to rise up, people are asking one sub-group of the abusers to save them from the rest of the abusers. However, they all work for the same operation; they all get paid out of the same offices; according to the same rulebook. And if the good guys are so willing to turn against their employers, why would they have waited until now?
- Movies. We all grew up in the company of movie heroes who rode in at the last minute to save the noble victims. From John Wayne to Star Trek to Bruce Willis, the story line differs little. These are pleasant stories, of course, but cinema is not reality, and hoping for it to become reality is something that we should get over prior to adulthood.
But, as I say, those are the smaller issues. Let’s move on to the serious ones.
The Magic System
A lot of Americans believe that the American “Founders” created a system that automatically fixes itself. They talk about the “balance of powers,” and think that it will always save them from a tyrant. The balanced powers of the US Constitution, however, were trashed within fifteen years and doubly-trashed just a century ago.
In the Constitution, the states balanced the power of the national government (the one now in Washington, DC.) Not only did the states control half of the legislature, but they decided if and how they would implement the edicts of the national government. And that included deciding whether a law was constitutional or not.
This changed in 1803 with the Marbury v. Madison ruling. This ruling – taught as a work of genius in American schools – was a fraud against the US Constitution. In it, the Supreme Court held that they understood the Constitution better than James Madison, the man who wrote it!
But worse than even this, they held – with absolutely no basis – that it was they who would decide what was constitutional or not. The states were tossed aside. Even the sitting President of the United States, Thomas Jefferson, called it “a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
Marbury’s Judicial review (the Supremes ruling on constitutionality) merely involves one branch of the national government providing a check on the other branches of the national government. After Marbury, no one could check the national government.
Washington DC was unleashed with Marbury v. Madison. What made it almighty was the 17th Amendment of 1913, which took the powers of the states and transferred them to Washington, by mandating the popular election of senators.
With senators being elected directly by the populace, the states were cut-out of the equation. In their place, political parties gained massive power, and nearly all power was consolidated in the city of Washington.
And so it is today. Washington is an unfettered beast. The system will NOT fix itself; the mechanisms to do that were lost a long time ago.
The Easy Way Out
Standing up against a beast like Washington DC is scary, to be sure. Understandably, not many people want to do such a thing. But if the beast is abusing you, what other choice do you have? You can certainly avoid or evade the beast, but we all know that the beast hurts people it catches avoiding it, so the risk of doing this isn’t zero either.
So, what’s a person to do? They hate their abuse, but outright disobedience would be scary. Unfortunately, many people have come up with a third option: Get someone else to do it for you.
Lots of writers have done this, for example: Write flamboyantly about the abuses people face and stir them to “rise up against the power.” Fairly seldom does the writer take big risks himself – he just stirs up others to do the scary stuff.
Something very similar happens to basically moral people who don’t want to risk pain and suffering: they imagine good guys riding in to save them.
But, as I say, these are genuinely decent people, and they are willing to take smaller risks to help the good guys: They will spend time and money promoting them, and they will even accept name-calling in many cases. They just don’t want to become full-blown rebels and outcasts.
The result of this is predictable: abuse by the political class. If the politicians show them a viable possibility every election cycle, they’ll keep voting their way forever… and the hero never really has to show up.
The Sad Truth
Let’s just say it:
No one is going to ride in and save you.
If you want things to get better, then YOU will have to make them better. YOU will have to stand up and take the arrows, yourself. Liberty, at this stage of human development, requires risk and pain.
I trust that you will remember the end of Jesus’ famous Sermon on the Mount: That it is not those who call upon his name who will be saved, but only those who DO the things he said.
Likewise in this situation, our only hope of salvation lies in DOING.
- How the 16th and 17th Amendments Ushered the Era of Big Government (ConservativeActionAlerts.com)
By JB Williams firstname.lastname@example.org
The United States of America was formed on the foundations recorded in our Declaration of Independence. As acknowledged by even our federal government archives, “Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation’s most cherished symbol of liberty and Jefferson’s most enduring monument.”
- “When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”
- “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable 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, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Precept #1 establishes that everything that follows is not based upon British Common Law, but rather upon “the Laws of Nature and of Nature’s God.”
Precept #2 establishes that the government has no power without the consent of the governed. That which the people do not consent to, is beyond the scope and power of the government, period.
Precept #3 establishes that when “the governed” deem it that their government has become destructive towards Life, Liberty and the Pursuit of Happiness… it is the right and the duty of “the governed” to alter or abolish that government and institute new government that will once again serve the common interests of Life, Liberty and the Pursuit of Happiness.
It is important to note that in the original handwritten document, the term used to describe these rights is “inalienable” – not to be confused with “unalienable” used in many reproductions of the Declaration today.
While these two words are similar, they are not the same, or they were not the same at the time the word inalienable was written into the Declaration. Whereas unalienable simply meant – “Not alienable; that cannot be alienated; that may not be transferred; as unalienable rights.” – the word inalienable is much more specific and restrictive – “Unalienable; that cannot be legally or justly alienated or transferred to another. The dominions of a king are inalienable. All men have certain natural rights which are inalienable. The estate of a minor is inalienable, without a reservation of the right of redemption, or the authority of the legislature.”
The entire foundation for our Charters of Freedom is based not upon man-made laws, but upon the inalienable God given Rights which exist in Natural Law, and remain forever beyond the scope and authority of the legislature. Our inalienable rights are “endowed by our Creator,” and protected by the Charters of Freedom.
In essence, inalienable natural rights are beyond the authority of the legislature, the only branch of government entrusted by the people with the authority to make law. It is upon these foundational inalienable rights that the US Constitution was drafted and adopted by the early colonies in 1787.
Noah Webster’s 1828 First American Edition Dictionary defines our Constitution as follows –
“The established form of government in a state, kingdom or country; a system of fundamental rules, principles and ordinances for the government of a state or nation. 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.”
A constitutional government is a limited government, which explains why many anti-American politicians and law professors want to terminate the Constitution, unleashing an unbridled government power operating without and at odds with the consent of the governed.
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
It is this brief text which lays the foundation for everything else. It identifies the point of origin, “We the People of the United States”… it identifies the purpose, “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,” and it identifies the context, a constitutional government, a very limited governmental power.
It is all of these foundational precepts which Barack Hussein Obama and his cabal of anti-American thugs hope to destroy forever. Before going further, I must point out for our nations ill-educated, that by General Welfare, our founders did not mean food stamps or free cell phones.
Obama has repeatedly said “we are not a Christian nation” – even though nearly every Founder was a Christian, Jefferson borrowed all of his concepts from Judeo-Christian teachings and based everything on God given inalienable rights and Natural Law; and the fact that over 70% of Americans still proclaim the Christian faith today, over 90% proclaiming a faith in God.
Obama did not say this just to appease his Muslim brothers and sisters, though I’m sure his words were quite comforting to jihadists everywhere. He said this because he knows that a Christian nation places its trust in God, God given inalienable rights and the Laws of Nature, not of men.
Obama said this because before men can truly rule all mankind, they must first destroy God and the Christian social fabric that created this nation and once dominated the nation and the world. Obama said this to open the gates of the nation to all worldly evils.
Barack Hussein Obama is not a fool, he is the great deceiver. But God is not deceived and neither are God’s children. Our Founders told us that what they created in our Charters of Freedom were only well-suited for a moral society and they were right.
In a speech to the military in 1798, John Adams warned his fellow countrymen stating, “We have no government armed with power capable of contending with human passions unbridled by morality and religion . . . Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Things have changed a bit since then. Today we do have a government armed to the teeth, which is seeking to disarm decent honest American citizens in direct violation of the Charters of Freedom and everything they stand for.
Noah Webster, author of the first American Speller and the first Dictionary said, “[T]he Christian religion, in its purity, is the basis, or rather the source of all genuine freedom in government. . . . and I am persuaded that no civil government of a republican form can exist and be durable in which the principles of that religion have not a controlling influence.”
But people who exist in an immoral abyss are easily deceived by men like Barack Hussein Obama. Still, the children of God see right through the deception. This explains why Christians are mocked, belittled, and labeled as “extremists” or “crackpots” or even “potential domestic terrorists.”
It is not God’s laws that immoral people revere, but rather man-made laws, specifically, laws put in place to benefit them at the expense of other Americans. Even though the government will turn their guns on these people as well, so long as they are free to feed from the public trough, they are not concerned with where or how the government fills that trough.
The best example is the current assault on Americans Second Amendment Rights under the guise of stopping the next Sandy Hook tragedy. No crime statistics support the current gun grab by federal Marxists and even if they did, the Charters of Freedom place the individual right to keep and bear arms beyond the constitutional authority of the federal government.
“I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.” – George Mason, Co-author of the Second Amendment
“The people are not to be disarmed of their weapons. They are left in full possession of them.” – Zachariah Johnson
“Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence;” – George Washington, First President of the United States
There are no constitutional restrictions on what type of arms citizens have the inalienable right to keep and bear. Our nation’s Founders were quite clear about their intentions… “To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.” – Richard Henry Lee
Many modern liberals who support federal gun control claim that the Founders meant muskets, as those were the arms at the time. Of course, there was no federal government capable of threatening American sovereignty and security with the full arsenal of today’s U.S. Military and ATF at that time either.
That’s really the point… as our federal government would become more powerful, it would become more tyrannical as well. The Founders dealt with this problem for all posterity by simply saying – “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government” and providing the Second Amendment as the means by which to secure liberty.
The point to all of this is that the Charters of Freedom remain the foundation of these United States. Without those documents, there is no United States. The Federal Government was created by the several states to exist at the pleasure of the states and the people.
When the federal government no longer serves the common interest of Life, Liberty and the Pursuit of Happiness, it is the right and duty of the people to alter that government, returning it to its constitutional foundations.
Contrary to modern propaganda, our federal government does not have “supremacy” over the states and the people. Only within the enumerated powers authorized by the people and the states does the federal government have any power at all.
The people must create a ground-swell movement that will alter the current state and direction of the federal government before there is no choice but to abolish it and start over.
Unless and until the people clean up a highly corrupt and fraudulent election process, the election booth is off the table as a means of solving anything.
If the people allow a runaway federal government to strip them of their Second Amendment rights, they will have no other rights. And unless the people unite to fight, divided, they will fall.
No matter what side of the political arena you sit on, this stuff matters to you and every American, unless you are a fool.
Unite and fight peacefully now while you can alter rather than abolish the system of self-governance created some 236 years ago. Our Founders created a system designed to protect freedom and liberty forever, so long as the people remained forever moral and vigilant.
The future of the United States is not in Obama’s hands, unless the people allow it.
Posted by William Kennedy
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Article VI, US Constitution
Timothy Bloodworth in the State Ratifying Convention of North Carolina stated the consensus of those that opposed the Supremacy Clause when he stated, “It appears to me to sweep off all the Constitutions of the states. It is a total repeal of every act and Constitution of the states. The Judges are sworn to uphold it. It will produce an abolition of the state governments. Its sovereignty absolutely annihilates them.”
So, was Timothy Bloodworth and others who opposed the Constitution and the Supremacy Clause right or were the Federalists?
The major architects of the Constitution and those that led the fight for its adoption laid down what the Supremacy Clause meant in reality at the Ratifying Conventions, by doing so they defended State Sovereignty, and set the stage for the negation of unconstitutional actions.
Alexander Hamilton promised during the New York Ratifying Convention that the, “supreme Legislature has only general powers and the civil and domestic concerns of the people are regulated by the laws of the several States. … If the State governments were to be abolished, the question would wear a different face; but this idea is inadmissible. They are absolutely necessary to the system. Their existence must form a leading principle in the most perfect Constitution we could form.” And later he said, ““I maintain that the word supreme imports no more than this — that the Constitution, and laws made in pursuance thereof, cannot be controlled or defeated by any other law. The acts of the United States, therefore, will be absolutely obligatory as to all the proper objects and powers of the general government…but the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding”. And again In Federalist #33: “It will not, I presume, have escaped observation that it expressly confines this supremacy to laws made pursuant to the Constitution….” (Emphasis Added)
Or this from Thomas McKean, at the Pennsylvania Ratifying Convention: “The meaning [of the Supremacy Clause] which appears to be plain and well expressed is simply this, that Congress have the power of making laws upon any subject over which the proposed plan gives them a jurisdiction, and that those laws, thus made in pursuance of the Constitution, shall be binding upon the states”. (Emphasis added)
And from the First North Carolina Ratifying Convention where James Iredell said, “When Congress passes a law consistent with the Constitution; it is to be binding on the people. If Congress, under pretense of executing one power, should, in fact, usurp another, they will violate the Constitution.” (Emphasis added)
James Madison further defended the Supremacy Clause in Federalist #45 by stating, “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” (Emphasis added)
Then we have Noah Webster writing as “America” also explaining the Supremacy Clause when he stated, “you know that the powers of the Congress are defined, to extend only to those matters which are in their nature and effects, general. You know, the Congress cannot meddle with the internals police of any State, or abridge its Sovereignty. And you know, at the same time, that in all general concerns, the laws of Congress must be supreme, or they must be nothing.” (Emphasis added)
Repeatedly the Federalist indorsed arguments establishing federal supremacy in the areas that were laid out in the enumerated powers of the Constitution but in doing so, they recognized that in ALL other areas the states were supreme. This is what has come to be known as “dual federalism” or “dual sovereignty” and this is the common thread put forth in defense of the Supremacy Clause. They clearly intended that the states be a check on the general government exceeding its authority.
Thus by their very defense the proponents of the Supremacy Clause they established the concept of Nullification if not the word, that came later with Thomas Jefferson. Because as they the writers and ratifiers repeatedly stated that unconstitutional laws were “no longer supreme or binding” and “Congress cannot meddle with the internal police of any state, or abridge its Sovereignty”, they clearly intended for the states to be a “check” on the general government.
So, if the states where to be a check on the unconstitutional actions how where they to do so?
Well Thomas Jefferson said when writing in the Kentucky Resolves opposing the Alien and Sedition and Acts; “Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government … whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
And, …”that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers…
That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour (sic) of that instrument, is the rightful remedy.” (Emphasis added)
And what did Madison say when writing the Virginia Act opposing the same Alien and Sedition Acts?
“That this Assembly (Virginia) doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them. (Emphasis added)
“…That government was an agent. It could not be the judge of its own powers. To allow it to be so would mean nothing less than a government of unlimited power, a tyranny. The partners to the Constitution, the sovereign peoples of the States, were the final judges of what they had intended the Constitution to mean. When the general government exceeded its power it was the right and duty of the State to interpose its authority and defend its people from federal acts of tyranny – yes, to render a federal law inoperative in the State’s jurisdiction…” (Emphasis added)
Clearly, our Founders “are not united on the principle of unlimited submission to their general government”, they established the means for the states to defend themselves and their citizens from a general government that exceeding its authority and that power is NULLIFICATION.
I think the best description of what NULLIFICATION is and is not is found in Nullification: It’s Officialby Derek Sheriff.
“Nullification is not secession or insurrection, but neither is it unconditional or unlimited submission. Nullification is not something that requires any decision, statement or action from any branch of the federal government. Nullification is not the result of obtaining a favorable court ruling. Nullification is not the petitioning of the federal government to start doing or to stop doing anything. Nullification doesn’t depend on any federal law being repealed. Nullification does not require permission from any person or institution outside of one’s own state.
So just what IS “official” nullification you might be asking?
Nullification begins with a decision made in your state legislature to resist a federal law deemed to be unconstitutional. It usually involves a bill, which is passed by both houses and is signed by your governor. In some cases, it might be approved by the voters of your state directly, in a referendum. It may change your state’s statutory law or it might even amend your state constitution. It is a refusal on the part of your state government to cooperate with, or enforce any federal law it deems to be unconstitutional.
Nullification carries with it the force of state law. It cannot be legally repealed by Congress without amending the US Constitution. It cannot be lawfully abolished by an executive order. It cannot be overruled by the Supreme Court. It is the people of a state asserting their constitutional rights by acting as a political society in their highest sovereign capacity. It is the moderate, middle way that wisely avoids harsh remedies like secession on the one hand and slavish, unlimited submission on the other. It is the constitutional remedy for unconstitutional federal laws.”
William Kennedy [send him email] is the State Director for the North Carolina Tenth Amendment Center. A strong supporter of the Constitution, Declaration of Independence and the Bill of Rights with special emphasis on State Sovereignty protected by the Tenth Amendment.
- The Supremacy Clause (veteran-patriot.com)
- Nullification and Obamacare: rejection of the rule of law (inpropriapersona.com)
- Defending the Supremacy Clause via State Nullification (tenthamendmentcenter.com)
- Refuting Historical Ignorance On Secession & Nullification! (politicalvelcraft.org)