Now if only Ron Paul would uphold the Constitution by demanding to see Obama/Soetoro/Obama’s long form birth certificate. Regardless, president usurper Obama, the fraud and foreigner, is not a natural born citizen of two American parents as our Constitution requires. If the trunk of the tree is the American president isn’t legitimate, all the other issues are twigs.
Emperor Obama has got to go!
http://www.davidbenariel.org/
Saturday, November 7, 2009
Friday, November 6, 2009
Ron Paul 2012: Who should be Ron Paul’s running mate?
Ron Paul hasn’t announced a decision yet whether he is going to run for President in 2012. If he runs, who should he choose as his running mate?
http://www.ronpaul.com/2009-11-05/ron-paul-2012-who-should-be-ron-pauls-running-mate-2/
http://www.ronpaul.com/2009-11-05/ron-paul-2012-who-should-be-ron-pauls-running-mate-2/
Another State Introduces Firearms Freedom Act
by Chuck Baldwin
November 6, 2009
According to a report published on the Tenth Amendment Center's web site, "Introduced in the Ohio House on October 16, 2009, the 'Firearms Freedom Act' (HB-315) seeks 'To enact section 2923.26 of the Revised Code to provide that ammunition, firearms, and firearm accessories that are manufactured and remain in Ohio are not subject to federal laws and regulations derived under Congress' authority to regulate interstate commerce and to require the words "Made in Ohio" be stamped on a central metallic part of any firearm manufactured and sold in Ohio.'"
The report went on to say, "While the HB315's title focuses on federal gun regulations, it has far more to do with the 10th Amendment's limit on the power of the federal government. It specifically states:
"'The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law. The congress of the United States has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearm accessories, and ammunition.'
"Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of activities that they see as not being authorized to the Federal Government by the Constitution."
See the report at:
http://tinyurl.com/10amdmt-ffa-ohio
Two states have already passed their own Firearms Freedom Acts: Montana and Tennessee. And, along with Ohio, at least 7 other states have introduced similar bills. Those states are Alaska, Florida, Michigan, Minnesota, Pennsylvania, South Carolina, and Texas.
More information regarding the status of these State bills can be seen at:
http://tinyurl.com/10amdmt-ffa
As you might suspect, the federal government doesn't take too kindly to these State laws. In fact, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter to all Montana and Tennessee firearms dealers denouncing the State laws. ATF assistant director Carson Carroll wrote that "Federal law supersedes the Act."
The Tenth Amendment Center quotes constitutional historian Kevin Gutzman as correctly stating, "Their [ATF's] view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.
"This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn't suit them."
Ah! But that's just the problem: the federal government has been ignoring the Constitution for decades--so much so that if there is going to be any restoration of genuine liberty in the country, the states are going to have to stand up to this out-of-control national leviathan and say, "No." And they are going to have to say it loudly enough for Washington to get the message. And I cannot think of a freedom issue that is better to "draw a line in the sand" for than the issue of the right of the people to keep and bear arms.
At the end of the day, the Second Amendment was never about hunting or target shooting. It has always been about protecting the people and states against federal tyranny.
The Second Amendment itself states, "A well regulated Militia, BEING NECESSARY TO THE SECURITY OF A FREE STATE, the right of the people to keep and bear Arms shall not be infringed." (Emphasis added.) Note that the purpose of the right to keep and bear arms was to insure "the security of a FREE STATE." (Emphasis added.) "Free from what?" you ask. Free from federal tyranny. Free from an overbearing, encroaching, heavy-handed, would-be national government.
The founders--even the Centralists of the day--all acknowledged that the right to keep and bear arms was, first of all, for the protection of the people against government tyranny. Observe:
"[I]f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens." (Alexander Hamilton, The Federalist Papers, Number 29)
"While the people have property, arms in their hands, and only a spark of noble spirit, the most corrupt Congress must be mad to form any project of tyranny." (Rev. Nicholas Collin, Fayetteville [NC] Gazette, October 12, 1789)
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." (Thomas Jefferson)
"Who are the militia? Are they not ourselves? . . . Congress has no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American . . . [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people." (Tench Coxe, ally of James Madison and member of the Continental Congress, Freeman's Journal, February 20, 1778)
Coxe also said, "As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article [the Second Amendment] in their right to keep and bear their private arms." (Remarks on the First Part of the Amendments to the Federal Constitution, Philadelphia Federal Gazette, June 18, 1789)
So, for now, 10 states have proposed--and 2 have passed--a Firearms Freedom Act, properly declaring that federal authority granted in the Constitution regarding interstate commerce cannot apply to products (firearms, in this case) that are manufactured and sold within the territory of each respective State. In other words, 10 States are serving notice to Washington, D.C., that they are going to insist that the federal government stop ignoring the Constitution of the United States.
In the same vein, Tennessee State legislator Susan Lynn recently sent an open letter to the State legislative bodies of the other 49 states stating:
"On June 23, 2009, House Joint Resolution 108, the State Sovereignty Resolution, was signed by Governor Phil Bredesen. The Resolution created a committee which has as its charge to:
*Communicate the resolution to the legislatures of the several states,
*Assure them that this State continues in the same esteem of their friendship,
*Call for a joint working group between the states to enumerate the abuses of authority by the federal government, and
*Seek repeal of the assumption of the powers and the imposed mandates."
In the body of her letter, Rep. Lynn states, "The role of our American government has been blurred, bent, and breached. The rights endowed to us by our creator must be restored."
The Tennessee State representative continued by saying, "The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.
"With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress' authority is a usurpation of state sovereignty--and unconstitutional."
See Rep. Lynn's letter at:
http://tinyurl.com/10amdmt-ffa-rep-lynn
This is a battle that is just beginning to heat up, but promises to get red-hot in the not-too-distant future. As for me and my house, we believe this showdown is long overdue. To quote Patrick Henry, "Let it come! I repeat it, Sir, let it come!"
*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:
http://www.chuckbaldwinlive.com/donate.php
© Chuck Baldwin
This column is archived as http://www.chuckbaldwinlive.com/c2009/cbarchive_20091106.html
November 6, 2009
According to a report published on the Tenth Amendment Center's web site, "Introduced in the Ohio House on October 16, 2009, the 'Firearms Freedom Act' (HB-315) seeks 'To enact section 2923.26 of the Revised Code to provide that ammunition, firearms, and firearm accessories that are manufactured and remain in Ohio are not subject to federal laws and regulations derived under Congress' authority to regulate interstate commerce and to require the words "Made in Ohio" be stamped on a central metallic part of any firearm manufactured and sold in Ohio.'"
The report went on to say, "While the HB315's title focuses on federal gun regulations, it has far more to do with the 10th Amendment's limit on the power of the federal government. It specifically states:
"'The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law. The congress of the United States has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearm accessories, and ammunition.'
"Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of activities that they see as not being authorized to the Federal Government by the Constitution."
See the report at:
http://tinyurl.com/10amdmt-ffa-ohio
Two states have already passed their own Firearms Freedom Acts: Montana and Tennessee. And, along with Ohio, at least 7 other states have introduced similar bills. Those states are Alaska, Florida, Michigan, Minnesota, Pennsylvania, South Carolina, and Texas.
More information regarding the status of these State bills can be seen at:
http://tinyurl.com/10amdmt-ffa
As you might suspect, the federal government doesn't take too kindly to these State laws. In fact, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter to all Montana and Tennessee firearms dealers denouncing the State laws. ATF assistant director Carson Carroll wrote that "Federal law supersedes the Act."
The Tenth Amendment Center quotes constitutional historian Kevin Gutzman as correctly stating, "Their [ATF's] view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.
"This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn't suit them."
Ah! But that's just the problem: the federal government has been ignoring the Constitution for decades--so much so that if there is going to be any restoration of genuine liberty in the country, the states are going to have to stand up to this out-of-control national leviathan and say, "No." And they are going to have to say it loudly enough for Washington to get the message. And I cannot think of a freedom issue that is better to "draw a line in the sand" for than the issue of the right of the people to keep and bear arms.
At the end of the day, the Second Amendment was never about hunting or target shooting. It has always been about protecting the people and states against federal tyranny.
The Second Amendment itself states, "A well regulated Militia, BEING NECESSARY TO THE SECURITY OF A FREE STATE, the right of the people to keep and bear Arms shall not be infringed." (Emphasis added.) Note that the purpose of the right to keep and bear arms was to insure "the security of a FREE STATE." (Emphasis added.) "Free from what?" you ask. Free from federal tyranny. Free from an overbearing, encroaching, heavy-handed, would-be national government.
The founders--even the Centralists of the day--all acknowledged that the right to keep and bear arms was, first of all, for the protection of the people against government tyranny. Observe:
"[I]f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens." (Alexander Hamilton, The Federalist Papers, Number 29)
"While the people have property, arms in their hands, and only a spark of noble spirit, the most corrupt Congress must be mad to form any project of tyranny." (Rev. Nicholas Collin, Fayetteville [NC] Gazette, October 12, 1789)
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." (Thomas Jefferson)
"Who are the militia? Are they not ourselves? . . . Congress has no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American . . . [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people." (Tench Coxe, ally of James Madison and member of the Continental Congress, Freeman's Journal, February 20, 1778)
Coxe also said, "As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article [the Second Amendment] in their right to keep and bear their private arms." (Remarks on the First Part of the Amendments to the Federal Constitution, Philadelphia Federal Gazette, June 18, 1789)
So, for now, 10 states have proposed--and 2 have passed--a Firearms Freedom Act, properly declaring that federal authority granted in the Constitution regarding interstate commerce cannot apply to products (firearms, in this case) that are manufactured and sold within the territory of each respective State. In other words, 10 States are serving notice to Washington, D.C., that they are going to insist that the federal government stop ignoring the Constitution of the United States.
In the same vein, Tennessee State legislator Susan Lynn recently sent an open letter to the State legislative bodies of the other 49 states stating:
"On June 23, 2009, House Joint Resolution 108, the State Sovereignty Resolution, was signed by Governor Phil Bredesen. The Resolution created a committee which has as its charge to:
*Communicate the resolution to the legislatures of the several states,
*Assure them that this State continues in the same esteem of their friendship,
*Call for a joint working group between the states to enumerate the abuses of authority by the federal government, and
*Seek repeal of the assumption of the powers and the imposed mandates."
In the body of her letter, Rep. Lynn states, "The role of our American government has been blurred, bent, and breached. The rights endowed to us by our creator must be restored."
The Tennessee State representative continued by saying, "The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.
"With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress' authority is a usurpation of state sovereignty--and unconstitutional."
See Rep. Lynn's letter at:
http://tinyurl.com/10amdmt-ffa-rep-lynn
This is a battle that is just beginning to heat up, but promises to get red-hot in the not-too-distant future. As for me and my house, we believe this showdown is long overdue. To quote Patrick Henry, "Let it come! I repeat it, Sir, let it come!"
*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:
http://www.chuckbaldwinlive.com/donate.php
© Chuck Baldwin
This column is archived as http://www.chuckbaldwinlive.com/c2009/cbarchive_20091106.html
The Plain Truth Prevails!
Enemies have attacked http://www.davidbenariel.org/ but the plain truth of the Bible, history and currents events, as shared by David Ben-Ariel in his many articles, can be found in many other places throughout the Internet world. The plain truth prevails!
Jeremiah 15:10-21
10 Woe is me, my mother,
That you have borne me,
A man of strife and a man of contention to the whole earth!
http://www.davidbenariel.org
http://beyondbabylon.blogspot.com
http://www.associatedcontent.com/user/73354/david_benariel.html
http://ezinearticles.com/?expert=David_Ben-Ariel
http://www.goarticles.com/cgi-bin/author.cgi?C=10267
http://rs39.com/davidbenariel/
http://www.pushhamburger.com/david.htm
Many YouTube videos, including
http://www.youtube.com/watch?v=bDxc1ZTFGCk
Google David Ben-Ariel!
Thursday, November 5, 2009
The War Against the U.S. Constitution
When Robert Bork was nominated to the U.S. Supreme Court by President Ronald Reagan in 1987, it created a firestorm in Congress, and he failed to get confirmed. Shortly thereafter, he wrote The Tempting of America, which I believe is the best book about constitutional law in a century—perhaps ever.
Mr. Bork said he believes we are more than halfway along in the destruction of our Constitution. If he is right, our republic is in grave danger.
He made that statement about two decades ago. Surely he would think the Constitution is 60 to 75 percent destroyed today.
So you could make the case that the problem is too far gone to even correct. At least, this danger should terrify every American citizen!
In a 2001 radio interview, Barack Obama revealed some of his shocking ideas about how the government should run.
Here is what he said about the 1953-1969 Supreme Court led by Chief Justice Earl Warren, which was a very activist court: “To that extent, as radical as I think people tried to characterize the Warren court, it wasn’t that radical.” Notice this! “It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution”.
- The War Against the U.S. Constitution
by Gerald Flurry
************
The president usurper, the fraud and foreigner, has failed to be transparent with We The People and bring to light revealing documents he pays expensive lawyers to keep in the dark, including his long form birth certificate, contemptuous of our Constitution and Republic. Regardless of whether or not the bastard shows us his birth certificate, we know Obama is not a natural born citizen - as required by our Constitution - since a natural born citizen is born of two American parents.
Emperor Obama
President Usurper Obama
Obama's African Coup in America
President Barack Obama sound good to you?
BLACK DAY IN AMERICA: Obama Wins, America Loses
Lou Dobbs under attack by PC racists
Kudos to Lou Dobbs for daring to speak the plain truth! We need more folks willing to take a stand for our nation of laws, our Republic and Constitution, and who refuse to be shouted down, cowed into silence by threats or bullied by the politically correct racist thugs and their leftist tactics of intimidation! If we don't speak up now, who will later?
************
May 1: Illegal Immigration Day Defused!
May we turn from our NATIONAL SINS of idolatry and immorality that the CURSE OF ILLEGAL IMMIGRATION comes to its swift end (Daniel 9:11).
Death to America: Major American Cities Targeted by Terrorists?
Will Providence permit foreign murderers in our midst (in attitude, if not yet in action) to unleash nuclear fires within our major cities? Will militant minorities work with them against us? Won't our British-Israelite brethren suffer the same within their respective biblical inheritances?
http://www.davidbenariel.org/
************
Dobbs’ wife, Debi Lee Segura, told Foxnews.com today she was outside the house when the shot was fired in her direction.************
New Jersey State Police Sgt. Steve Jones confirmed troopers were called to Dobbs’ home in rural Wantage, N.J., at about 10:30 a.m. on Oct. 5.
Investigators were told Dobbs and his wife were outside their home when they heard a gunshot, and a bullet struck their attic, Foxnews.com reported.
“It struck the siding and then fell to the ground,” Jones said.
Jones said the bullet was taken for analysis, and the incident is still under investigation.
More from Dobbs’ Monday broadcast:
•“If anybody thinks that we’re not engaged in a battle for the soul of this country right now, you’re sorely mistaken. And the more you stay on the sidelines and the more you don’t make your voice heard, the more likely it is that we’re going to lose this battle for the soul of the nation.”
•“My wife and I have been shot at, our driver, my house has been shot and hit. The investigation continues. I’ve had bodyguards now, you know, I’m not in the mood to put up with little fools like Geraldo Rivera.”
•“It’s time we really awaken to what is happening in this country, it is ugly, it has to stop, and we have to find the courage to elect congressmen and senators, and yes, presidents who will speak truth. Not pander and not play politically correct games.”
•“We need to get real about what is happening in this country, and understand that if this battle for the soul of the country is lost, so much is lost that follows. Respect for our laws, respect for our borders, our ports, our national sovereignty.”
•“That respect demands, demands at least an honest debate on Capitol Hill about illegal immigration, it demands at least an honest debate on the airwaves.”
•“Why are we not enforcing laws, why do we not demand respect for our sovereignty, why do we not demand honest, open, straightforward debate.”
•“Why do we not acknowledge who were are, the most most racially, ethnically diverse society on the face of the earth?”
•“Why don’t we talk about how great this nation is, about the great things we accomplished, the great way in which we live, you know, the American way?” Source
May 1: Illegal Immigration Day Defused!
May we turn from our NATIONAL SINS of idolatry and immorality that the CURSE OF ILLEGAL IMMIGRATION comes to its swift end (Daniel 9:11).
Death to America: Major American Cities Targeted by Terrorists?
Will Providence permit foreign murderers in our midst (in attitude, if not yet in action) to unleash nuclear fires within our major cities? Will militant minorities work with them against us? Won't our British-Israelite brethren suffer the same within their respective biblical inheritances?
http://www.davidbenariel.org/
Tuesday, November 3, 2009
Choosing Federalism, Choosing Freedom
by Chuck Baldwin's Son, Tim Baldwin
November 3, 2009
After the release of my last column "Freedom's Destruction by Constitutional De-Construction," I received so many responses to my statement, "The people of the states [must] once again reject this national form of government and assert and defend the principles of federalism," that I felt the need to develop this subject more thoroughly. The question I received was: "How can I choose federalism once again?" Indeed, answering this question is crucial to injecting a cure for the sickness and illness of tyrannical, national control over the people of the states. Undoubtedly, we are going to need an acute dosage to even begin ridding ourselves of the disease destroying the body of our once-great federation.
(See Tim's column at http://www.chuckbaldwinlive.com/c2009/cbarchive_20091016.html )
The reality is, the answer is not complicated. The more relevant question will likely be, what portion of the cure(s) must we implement. This will require a diagnosis of the degree and seriousness of the disease's attack on our Confederate Republic. Let us analyze briefly the seriousness of the attack so that we may proportionally and accordingly respond and defend against the encroachments on our constitutional freedoms, guarantees and powers.
Keeping in line with my last article and the position that the national system of government (under which the United States currently operates) is completely contrary to the federal system that our founders and Constitution's ratifiers bequeathed to us, a fact is established: We the People of the United States of America have been denied our natural and compactual rights under God and the Constitution. Again, how can it be argued that it is now legally and morally right and proper to do what our Constitution did not create or authorize? How can freedom exist in a country where we supposedly believe in the "consent of the governed" when that consent has been usurped by force? Consequently, our right of defense is activated.
Make no mistake about this: the US Constitution did NOT create a national government, but rather created a federal government whereby the states were coequal with the federal government in the exercise and defense of the powers granted to them by the people of each State. The founders and ratifiers of the Constitution expressly rejected the notion that the federal government has supreme sovereignty. The issue here is not whether there are "national components" of the procedures in the system, such as voting for the House of Representatives by the people. We know that the founders implemented a few elements of national-type procedure in the US Constitution, just as they did even in the Articles of Confederation.
Rather, the bottom-line issue is, whether the states have coequal power to exercise and defend their powers--and their citizens--and whether the Federal government has the power to force the states to accept its own interpretation and (de)construction of the Constitution. If the union of the United States was formed by the people of the states in their capacities as the sovereign of each State, creating a FEDERAL government, then the states are coequal in power and do have the right to exercise and defend their powers. If the union of the United States was formed by the whole of the people as a mass body politic, without regard to the sovereign states, creating a NATIONAL government, then the states are mere corporations of the parent company, called the Federal government.
I need not expound the answer to this question here, because I have done so in numerous other articles before, proving that the union was formed by the states as states, and not by the people as one nation. The conclusion is more than provable that the founders and ratifiers of the Constitution did not create a nation, but created a federation, and actually expected the states to be the active guardians of freedom for their own people. Thus, what methods can we use today to once again choose federalism over nationalism?
There are five basic methods by which the people of the states can counter the attacks of the federal government's prolonged tyrannical usurpations of power. They are: (1) Change of Politicians; (2) Checks and Balances; (3) Constitutional Amendment; (4) Constitutional Convention; and (5) Revolution.
1. Change of Politicians. Alexander Hamilton notes in Federalist Paper 21, "The natural cure for an ill-administration, in a popular or representative constitution, is a change of men." This method of cure is no mystery, and has been the mode of "change" in the US for the past 50 years. Dare I say, this method has proven to be anything but effectual? Please show me how changing the Federal government from Republican to Democrat and vice versa has done ANYTHING to reinstitute our federal form of government, provided by the Constitution. Both parties in the federal government do absolutely nothing to revert rightful power to the people of the states. I shall not waste any more valuable time or words on this ineffectual method. (Then again, if we had a majority of congressmen such as Ron Paul in Washington, D.C., we wouldn't be having this discussion to begin with.)
2. Checks and Balances. There are two types of checks and balances: (a) federal against federal, and (b) State against federal. Since the early 1900s, the executive, legislative and judicial branches of the federal government have usurped power from the states. To say that the people of the states can count on the three branches of the federal government to check each other in this regard and to maintain a Federal form of government is a joke. All three branches maintain that they possess the sole power (through the judiciary) to interpret and construe the Constitution, and that all others (i.e., the states) must submit thereto. This is in fact the very definition of nationalism, which the Constitution's ratifiers rejected.
As for the states' check against federal usurpations of power, most ignorant or disillusioned people would say that they lost that right when the Confederate States of America lost the Civil War in 1865, and from that point onward, the states could not check the federal government through arresting action. They suggest that to conquer equals the right to rule: a notion completely rejected in American jurisprudence. Time does not allow me to expand on this erroneous doctrine, so I will simply say, How ludicrous!
The fact is, the Federalist Paper writers expected the states to be the guardians against federal tyranny. This necessarily meant (as they expressed) that the states develop actual arms of resistance to such encroachments. This, of course, shows, once again, the FEDERAL character and nature of our form of government: the states were not subservient to the federal government's dictates, but were coequal in power to protect their own authority and freedoms through their State Constitutions.
Thankfully, we are seeing a current resurgence of State activism to be the voice and arm of the people to protect and perpetuate the US Constitution. While the federal v. federal checks and balances have proven to be less than fruitful, the states today are taking their role more seriously in this regard, just as our founders and ratifiers demanded. It is this State power of active and passive nullification and resistance that will once again protect federalism and freedom in America. Therefore, it is this State power that affords us the best opportunity to defend liberty and restore constitutional government, and that we should expend most our energies to revive.
3. Constitutional Amendment. The US Constitution requires three-fourths of the STATES to amend the Constitution. Most certainly this is an effective tool to reverse and prevent evils in government. Our founders expected that this process would protect freedom and the principles of freedom. However, as we have seen since 1865, the amendment process has been used only to increase national power and decrease State power. From the states being denied power in the Senate, to the income tax and "privileges and immunities" clause of the fourteenth amendment, the nationalists of the twentieth century have had their heyday by deepening their squeeze of national ideals over federal. Ironically, the attack on federalism has come through the same document protecting our federation: the Constitution. (The illegality of amendments being used to propagate principles contrary to freedom and federalism is for another article and discussion.)
That being said: if there were enough states to amend the Constitution to clarify federal doctrines, limit federal government power, and reinstitute original State powers, then it most certainly would be beneficial. Praise the day when such amendments would be ratified.
4. Constitutional Convention. I have heard this method suggested by some in certain circles of the "patriot movement," and while I understand the suggestion of calling a constitutional convention to rewrite the Constitution, I believe that to do so would likely create more problems than what we are dealing with today. However, there is a caveat, as explained below.
To convene a constitutional convention, states would have to send delegates (just as in 1787) for the purpose of discussing and drafting a Constitution. Not even getting into the legal issues and ramifications inherent in such a method, a very practical question is raised: Would a majority of the people convening at such a monumental event even possess the understanding, knowledge and belief needed to perpetuate and protect the principles of freedom and federalism? By virtue of what I see throughout the US today, I venture to say, No. I believe one of the greatest contributions to national ideals defeating federal ideals is that the people (including on State levels) do not understand, know or believe in the principles expressed by our founders and their forefathers.
Thus, to call a constitutional convention would most certainly place us in a worse situation. That said, there is one positive that could result from this. If the Constitution were re-written, it would require the ratification of the states that wanted to join a new union under a new contract (Constitution). In this case, it very well may provide a way for the people of the states to decide which path they wanted to take: national or federal. In other words, those states that yet wanted to live under Federalism and not Nationalism could reject the new compact and could declare themselves independent or seek to form yet another compact among like-minded states. (Of course, this could happen anyway, per number 2 above--even without a constitutional convention--making any proposed Con Con a dangerous and unnecessary action.)
5. Revolution. Revolution simply means a change of power. For those who perceive such a term as being a bad thing, why do they not then demonize the current illegitimate system of national government, because this current system is not the one the states ratified back in 1787? If a squatter turns your property into his, are you not within your rights to remove him, his family, his friends and his belongings completely from your property?
It is a fact that Americans (nationalists, federalists and even monarchists) believed in the natural right of revolution--that every generation has the God-given right to effect change by revolution when change cannot be reasonably expected and effected through other more peaceful means.
Coming full circle, then: To what degree has the federal government usurped its powers? This question is crucial because, as our forefathers expressed, resistance should be enacted proportionally to the usurpation. While there may be some who think that "it's not all that bad," I suggest that it is much worse than we think it is. We are at a point today when we are not only fighting for State sovereignty and a federal system, but we are fighting for national sovereignty (according to the LAWS OF NATIONS as expressed by enlightenment philosophers and jurists), against those who desire that the US become part of the global community.
The evidence around us is beyond reasonable doubt: we the people of the United States have been fraudulently denied our rights under the laws of Nature and Nature's God, and under the US Constitution. The rights to resist this tyranny already exist. The methods to choose federalism and freedom have their hands out, offering to help us. It is time we choose which method or methods will best reach the ultimate goal of freedom. And as I said, I believe a revival of State sovereignty--whereby states are resolved to exercise the authority they have per the terms of their charter (Constitution)--is the most attractive and effective method currently feasible to reclaim federalism and freedom in America.
Note: Visit Tim's web site at:
www.libertydefenseleague.com
*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:
http://www.chuckbaldwinlive.com/donate.php
© Chuck Baldwin
This column is archived as http://www.chuckbaldwinlive.com/c2009/cbarchive_20091103.html
November 3, 2009
After the release of my last column "Freedom's Destruction by Constitutional De-Construction," I received so many responses to my statement, "The people of the states [must] once again reject this national form of government and assert and defend the principles of federalism," that I felt the need to develop this subject more thoroughly. The question I received was: "How can I choose federalism once again?" Indeed, answering this question is crucial to injecting a cure for the sickness and illness of tyrannical, national control over the people of the states. Undoubtedly, we are going to need an acute dosage to even begin ridding ourselves of the disease destroying the body of our once-great federation.
(See Tim's column at http://www.chuckbaldwinlive.com/c2009/cbarchive_20091016.html )
The reality is, the answer is not complicated. The more relevant question will likely be, what portion of the cure(s) must we implement. This will require a diagnosis of the degree and seriousness of the disease's attack on our Confederate Republic. Let us analyze briefly the seriousness of the attack so that we may proportionally and accordingly respond and defend against the encroachments on our constitutional freedoms, guarantees and powers.
Keeping in line with my last article and the position that the national system of government (under which the United States currently operates) is completely contrary to the federal system that our founders and Constitution's ratifiers bequeathed to us, a fact is established: We the People of the United States of America have been denied our natural and compactual rights under God and the Constitution. Again, how can it be argued that it is now legally and morally right and proper to do what our Constitution did not create or authorize? How can freedom exist in a country where we supposedly believe in the "consent of the governed" when that consent has been usurped by force? Consequently, our right of defense is activated.
Make no mistake about this: the US Constitution did NOT create a national government, but rather created a federal government whereby the states were coequal with the federal government in the exercise and defense of the powers granted to them by the people of each State. The founders and ratifiers of the Constitution expressly rejected the notion that the federal government has supreme sovereignty. The issue here is not whether there are "national components" of the procedures in the system, such as voting for the House of Representatives by the people. We know that the founders implemented a few elements of national-type procedure in the US Constitution, just as they did even in the Articles of Confederation.
Rather, the bottom-line issue is, whether the states have coequal power to exercise and defend their powers--and their citizens--and whether the Federal government has the power to force the states to accept its own interpretation and (de)construction of the Constitution. If the union of the United States was formed by the people of the states in their capacities as the sovereign of each State, creating a FEDERAL government, then the states are coequal in power and do have the right to exercise and defend their powers. If the union of the United States was formed by the whole of the people as a mass body politic, without regard to the sovereign states, creating a NATIONAL government, then the states are mere corporations of the parent company, called the Federal government.
I need not expound the answer to this question here, because I have done so in numerous other articles before, proving that the union was formed by the states as states, and not by the people as one nation. The conclusion is more than provable that the founders and ratifiers of the Constitution did not create a nation, but created a federation, and actually expected the states to be the active guardians of freedom for their own people. Thus, what methods can we use today to once again choose federalism over nationalism?
There are five basic methods by which the people of the states can counter the attacks of the federal government's prolonged tyrannical usurpations of power. They are: (1) Change of Politicians; (2) Checks and Balances; (3) Constitutional Amendment; (4) Constitutional Convention; and (5) Revolution.
1. Change of Politicians. Alexander Hamilton notes in Federalist Paper 21, "The natural cure for an ill-administration, in a popular or representative constitution, is a change of men." This method of cure is no mystery, and has been the mode of "change" in the US for the past 50 years. Dare I say, this method has proven to be anything but effectual? Please show me how changing the Federal government from Republican to Democrat and vice versa has done ANYTHING to reinstitute our federal form of government, provided by the Constitution. Both parties in the federal government do absolutely nothing to revert rightful power to the people of the states. I shall not waste any more valuable time or words on this ineffectual method. (Then again, if we had a majority of congressmen such as Ron Paul in Washington, D.C., we wouldn't be having this discussion to begin with.)
2. Checks and Balances. There are two types of checks and balances: (a) federal against federal, and (b) State against federal. Since the early 1900s, the executive, legislative and judicial branches of the federal government have usurped power from the states. To say that the people of the states can count on the three branches of the federal government to check each other in this regard and to maintain a Federal form of government is a joke. All three branches maintain that they possess the sole power (through the judiciary) to interpret and construe the Constitution, and that all others (i.e., the states) must submit thereto. This is in fact the very definition of nationalism, which the Constitution's ratifiers rejected.
As for the states' check against federal usurpations of power, most ignorant or disillusioned people would say that they lost that right when the Confederate States of America lost the Civil War in 1865, and from that point onward, the states could not check the federal government through arresting action. They suggest that to conquer equals the right to rule: a notion completely rejected in American jurisprudence. Time does not allow me to expand on this erroneous doctrine, so I will simply say, How ludicrous!
The fact is, the Federalist Paper writers expected the states to be the guardians against federal tyranny. This necessarily meant (as they expressed) that the states develop actual arms of resistance to such encroachments. This, of course, shows, once again, the FEDERAL character and nature of our form of government: the states were not subservient to the federal government's dictates, but were coequal in power to protect their own authority and freedoms through their State Constitutions.
Thankfully, we are seeing a current resurgence of State activism to be the voice and arm of the people to protect and perpetuate the US Constitution. While the federal v. federal checks and balances have proven to be less than fruitful, the states today are taking their role more seriously in this regard, just as our founders and ratifiers demanded. It is this State power of active and passive nullification and resistance that will once again protect federalism and freedom in America. Therefore, it is this State power that affords us the best opportunity to defend liberty and restore constitutional government, and that we should expend most our energies to revive.
3. Constitutional Amendment. The US Constitution requires three-fourths of the STATES to amend the Constitution. Most certainly this is an effective tool to reverse and prevent evils in government. Our founders expected that this process would protect freedom and the principles of freedom. However, as we have seen since 1865, the amendment process has been used only to increase national power and decrease State power. From the states being denied power in the Senate, to the income tax and "privileges and immunities" clause of the fourteenth amendment, the nationalists of the twentieth century have had their heyday by deepening their squeeze of national ideals over federal. Ironically, the attack on federalism has come through the same document protecting our federation: the Constitution. (The illegality of amendments being used to propagate principles contrary to freedom and federalism is for another article and discussion.)
That being said: if there were enough states to amend the Constitution to clarify federal doctrines, limit federal government power, and reinstitute original State powers, then it most certainly would be beneficial. Praise the day when such amendments would be ratified.
4. Constitutional Convention. I have heard this method suggested by some in certain circles of the "patriot movement," and while I understand the suggestion of calling a constitutional convention to rewrite the Constitution, I believe that to do so would likely create more problems than what we are dealing with today. However, there is a caveat, as explained below.
To convene a constitutional convention, states would have to send delegates (just as in 1787) for the purpose of discussing and drafting a Constitution. Not even getting into the legal issues and ramifications inherent in such a method, a very practical question is raised: Would a majority of the people convening at such a monumental event even possess the understanding, knowledge and belief needed to perpetuate and protect the principles of freedom and federalism? By virtue of what I see throughout the US today, I venture to say, No. I believe one of the greatest contributions to national ideals defeating federal ideals is that the people (including on State levels) do not understand, know or believe in the principles expressed by our founders and their forefathers.
Thus, to call a constitutional convention would most certainly place us in a worse situation. That said, there is one positive that could result from this. If the Constitution were re-written, it would require the ratification of the states that wanted to join a new union under a new contract (Constitution). In this case, it very well may provide a way for the people of the states to decide which path they wanted to take: national or federal. In other words, those states that yet wanted to live under Federalism and not Nationalism could reject the new compact and could declare themselves independent or seek to form yet another compact among like-minded states. (Of course, this could happen anyway, per number 2 above--even without a constitutional convention--making any proposed Con Con a dangerous and unnecessary action.)
5. Revolution. Revolution simply means a change of power. For those who perceive such a term as being a bad thing, why do they not then demonize the current illegitimate system of national government, because this current system is not the one the states ratified back in 1787? If a squatter turns your property into his, are you not within your rights to remove him, his family, his friends and his belongings completely from your property?
It is a fact that Americans (nationalists, federalists and even monarchists) believed in the natural right of revolution--that every generation has the God-given right to effect change by revolution when change cannot be reasonably expected and effected through other more peaceful means.
Coming full circle, then: To what degree has the federal government usurped its powers? This question is crucial because, as our forefathers expressed, resistance should be enacted proportionally to the usurpation. While there may be some who think that "it's not all that bad," I suggest that it is much worse than we think it is. We are at a point today when we are not only fighting for State sovereignty and a federal system, but we are fighting for national sovereignty (according to the LAWS OF NATIONS as expressed by enlightenment philosophers and jurists), against those who desire that the US become part of the global community.
The evidence around us is beyond reasonable doubt: we the people of the United States have been fraudulently denied our rights under the laws of Nature and Nature's God, and under the US Constitution. The rights to resist this tyranny already exist. The methods to choose federalism and freedom have their hands out, offering to help us. It is time we choose which method or methods will best reach the ultimate goal of freedom. And as I said, I believe a revival of State sovereignty--whereby states are resolved to exercise the authority they have per the terms of their charter (Constitution)--is the most attractive and effective method currently feasible to reclaim federalism and freedom in America.
Note: Visit Tim's web site at:
www.libertydefenseleague.com
*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:
http://www.chuckbaldwinlive.com/donate.php
© Chuck Baldwin
This column is archived as http://www.chuckbaldwinlive.com/c2009/cbarchive_20091103.html
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