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SOUTHERN POVERTY LAW CENTER TARGETS THE RIGHT

The Southern Poverty Law Center, "works to make the nation's Constitutional ideals a reality." But, in doing so they seem to want to deny that same idealism to the people at large.
 
Founded by Morris Dees and Joe Levin, its first president was civil rights activist Julian Bond.
 
The SPLC is responsible for many courageous and just activities. It was the Center that singlehandedly rendered the KKK near extinct by filing lawsuits targeting the Klan's finances. They actually ended up owning much of the Klan's property holdings. Since their founding in 1971, they have earned the respect of much of America.
 
One of their current activities is to issue quarterly intelligence reports on hate groups and extremist organizations to law enforcement agencies, the media, and the public. They also conduct training sessions for police, schools, and civil rights and community groups.
 
In their Fall, 2009, Intelligence Report, reproduced below, they target Glenn Beck, tea party protesters, Oath Keepers, and Constitutional activists as right wing extremists and equate them with Timothy McVey, the Branch Davidians, and the Ruby Ridge incident.
 
Read and learn about this little brother of the ACLU, and what they teach law enforcement about We, the People.
 
Glenn Flowers
 
 
*******************************************
 
Southern Poverty Law Center

Intelligence Report - Fall 2009


The Second Wave
Evidence Grows of Far-Right Militia Resurgence
By Larry Keller

 
Antigovernment Rhetoric Spills into the Mainstream
In Pensacola, Fla., retired FBI agent Ted Gunderson tells a gathering of antigovernment "Patriots" that the federal government has set up 1,000 internment camps across the country and is storing 30,000 guillotines and a half-million caskets in Atlanta. They're there for the day the government finally declares martial law and moves in to round up or kill American dissenters, he says. "They're going to keep track of all of us, folks," Gunderson warns.

 
Outside Atlanta, a so-called "American Grand Jury" issues an "indictment" of Barack Obama for fraud and treason because, the panel concludes, he wasn't born in the United States and is illegally occupying the office of president. Other sham "grand juries" around the country follow suit.


And on the site in Lexington, Mass., where the opening shots of the Revolutionary War were fired in 1775, members of Oath Keepers, a newly formed group of law enforcement officers, military men and veterans, "muster" on April 19 to reaffirm their pledge to defend the U.S. Constitution. "We're in perilous times … perhaps far more perilous than in 1775," says the man administering the oath. April 19 is the anniversary not only of the battle of Lexington Green, but also of the 1993 conflagration at the Branch Davidian compound in Waco, Texas, and the lethal bombing two years later of the Oklahoma City federal building — seminal events in the lore of the extreme right, in particular the antigovernment Patriot movement.


Almost 10 years after it seemed to disappear from American life, there are unmistakable signs of a revival of what in the 1990s was commonly called the militia movement. From Idaho to New Jersey and Michigan to Florida, men in khaki and camouflage are back in the woods, gathering to practice the paramilitary skills they believe will be needed to fend off the socialistic troops of the "New World Order."

 
One big difference from the militia movement of the 1990s is that the face of the federal government — the enemy that almost all parts of the extreme right see as the primary threat to freedom — is now black. And the fact that the president is an African American has injected a strong racial element into even those parts of the radical right, like the militias, that in the past were not primarily motivated by race hate. Contributing to the racial animus have been fears on the far right about the consequences of Latino immigration.

 
Militia rhetoric is being heard widely once more, often from a second generation of ideologues, and conspiracy theories are being energetically revived or invented anew. "Paper terrorism" — the use of property liens, bogus legal documents and "citizens' grand juries" to attack enemies and, sometimes, reap illegal fortunes — is again proliferating, to the point where the government has set up special efforts to rein in so-called "tax defiers" and to track threats against judges. What's more, Patriot fears about the government are being amplified by a loud new group of ostensibly mainstream media commentators and politicians.

 
It's not 1996 all over again, or 1997 or 1998. Although there has been a remarkable rash of domestic terrorist incidents since Obama's election in November, it has not reached the level of criminal violence, attempted terrorist attacks and white-hot language that marked the militia movement at its peak. But militia training events, huge numbers of which are now viewable on YouTube videos, are spreading. One federal agency estimates that 50 new militia training groups have sprung up in less than two years. Sales of guns and ammunition have skyrocketed amid fears of new gun control laws, much as they did in the 1990s.

 
The situation has many authorities worried. Militiamen, white supremacists, anti-Semites, nativists, tax protesters and a range of other activists of the radical right are cross-pollinating and may even be coalescing. In the words of a February report from law enforcement officials in Missouri, a variety of factors have combined recently to create "a lush environment for militia activity."

 
"You're seeing the bubbling [of antigovernment sentiment] right now," says Bart McEntire, who has infiltrated racist hate groups and now is the supervisory special agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in Roanoke, Va. "You see people buying into what they're saying. It's primed to grow. The only thing you don't have to set it on fire is a Waco or Ruby Ridge."

 
Another federal law enforcement official knowledgeable about militia groups agrees. He asked not to be identified because he is not authorized to speak publicly about them. "They're not at the level we saw in '94-'95," he says. "But this is the most significant growth we've seen in 10 to 12 years. All it's lacking is a spark. I think it's only a matter of time before you see threats and violence."

 
Shots, Plots and 'Sovereigns'
In fact, threats and violence from the radical right already are accelerating (see last section of this report, a list of 75 domestic terrorist plots and rampages since 1995). In recent months, men with antigovernment, racist, anti-Semitic or pro-militia views have allegedly committed a series of high-profile murders — including the killings of six law enforcement officers since April.

 
Most of these recent murders and plots seem to have been at least partially prompted by Obama's election. One man "very upset" with the election of America's first black president was building a radioactive "dirty bomb"; another, a Marine, was planning to assassinate Obama, as were two racist skinheads in Tennessee; still another angry at the election and said to be interested in joining a militia killed two sheriff's deputies in Florida. A man in Pittsburgh who feared Jews and gun confiscations murdered three police officers. Near Boston, a white man angered by the alleged "genocide" of his race shot to death two African immigrants and intended to murder as many Jews as possible. An 88-year-old neo-Nazi killed a guard at the Holocaust Museum in Washington, D.C. And an abortion physician in Kansas was murdered by a man steeped in the ideology of the "sovereign citizens" movement.

 
So-called sovereign citizens are people who subscribe to an ideology, originated by the anti-Semitic Posse Comitatus of the 1980s, that claims that whites are a higher kind of citizen — subject only to "common law," not the dictates of the government — while blacks are mere "14th Amendment citizens" who must obey their government masters. Although not all sovereigns subscribe to or even know about the theory's racist basis, most contend that they do not have to pay taxes, are not subject to most laws, and are not citizens of the United States.

 
Authorities and anecdotal evidence suggest that sovereign citizens — who, along with tax protesters and militia members, form the larger Patriot movement — may make up the most dramatically reenergized sector of the radical right. In February, the FBI launched a national operation targeting white supremacists and "militia/sovereign citizen extremist groups" after noting an upsurge in such organizations, The Wall Street Journal reported. The aim is to gather intelligence about "this emerging threat," according to an FBI memo cited by the newspaper.

 
Increasingly, sovereign citizens are claiming they aren't subject to income taxes — so much so that the Department of Justice last year kicked off a National Tax Defier Initiative to deal with the volume of cases. At the same time, more and more seem to be engaging in "paper terrorism," even though more than 30 states passed or strengthened laws outlawing the filing of unjustified property liens and simulating legal process (by setting up pseudo-legal "common law courts" and "citizens' grand juries") in response to sovereign activity in the 1990s.

 
A Michigan man whose company allegedly doubled as the headquarters of a militia group, for example, was arrested in May on charges that he placed bogus liens on property owned by courthouse officials and police officers to harass them and ruin their credit. In March, authorities raided a Las Vegas printing firm where meetings of the "Sovereign People's Court for the United States" were conducted in a mock courtroom. Seminars allegedly were taught there on how to use phony documents and other illegal means to pay off creditors. Four people were arrested on money-laundering, tax and weapons charges.

 
Due to a spike in "inappropriate communications," including many from sovereign citizens, the U.S. Marshals Service has opened a clearinghouse in suburban Washington, D.C., for assessing risks to court personnel. The incidents include telephone and written threats against federal judges and prosecutors, as well as bomb threats and biochemical incidents. In fiscal 2008, there were 1,278 threats and harassing communications — more than double the number of six years earlier. The number of such incidents is on pace to increase again in fiscal 2009. Sovereign citizens account for a small percentage of the cases, but theirs are more complex and generally require more resources, says Michael Prout, assistant director of judicial security for the marshals. "They are resourceful groups," he adds.

 
Some sovereign citizen attempts to skirt the law have been farcical. An Arkansas jury needed only seven minutes in April to convict Richard Bauer, 70, of robbing a bank. Bauer had argued that the government took his money several times, leaving him with almost nothing. "I'm a constitutionalist," he insisted, adding that "every single act was justifiable." A month earlier, a Pennsylvania man charged with drunken driving told court officials that they lacked jurisdiction over him because he was a "sovereign man." Then he changed his mind and pleaded guilty. In Nevada, a sovereign citizen — perhaps a Dr. Seuss fan —used the peculiar punctuation of names that is favored by the movement; his name, he declared, was "I am: Sam."

 
But few of the cases are that amusing. In February, a New York man who once declared himself a "sovereign citizen" of the "Republic of New York" and said that he enjoyed studying "the organic Constitution and the Bill of Rights" allegedly shot and killed four people. His murder case was pending at press time.

 
Swearing at the Government
Oath Keepers, the military and police organization that was formed earlier this year and held its April muster on Lexington Green, may be a particularly worrisome example of the Patriot revival. Members vow to fulfill the oaths to the Constitution that they swore while in the military or law enforcement. "Our oath is to the Constitution, not to the politicians, and we will not obey unconstitutional (and thus illegal) and immoral orders," the group says. Oath Keepers lists 10 orders its members won't obey, including two that reference U.S. concentration camps.

 
That same pugnacious attitude was on display after conservatives attacked an April report from the U.S. Department of Homeland Security (DHS) that suggested a resurgence of radical right-wing activity was under way. "We will not fear our government; they will fear us," one man, who appeared to be on active duty in the Army, said in an angry video sent to the Oath Keepers blog. In another video at the site, a man who said he was a former Army paratrooper in Afghanistan and Iraq described President Obama as "an enemy of the state," adding, "I would rather die than be a slave to my government." The Oath Keepers site soon began hawking T-shirts with slogans like "I'm a Right Wing Extremist and Damn Proud of It!"

 
In April, Oath Keepers founder Stewart Rhodes — a Yale Law School graduate and former aide to U.S. Rep. Ron Paul (a Texas Republican and hard-line libertarian) — worried about a coming dictatorship. "We know that if the day should come where a full-blown dictatorship would come, or tyranny … it can only happen if those men, our brothers in arms, go along and comply with unconstitutional, unlawful orders," Rhodes told conspiracy-minded radio host Alex Jones. "Imagine if we focus on the police and military. Game over for the New World Order."

 
He's not the first to think so. In the 1990s, retired Phoenix cop and conspiracy enthusiast Jack McLamb created an outfit called Police Against the New World Order and produced a 75-page document entitled Operation Vampire Killer 2000: American Police Action Plan for Stopping World Government Rule.

 
It's not known how large Oath Keepers is. But there is some evidence beyond the group's mere existence to suggest that today's Patriots are again making inroads into law enforcement — the leak of the DHS report, along with those of a couple of similar law enforcement reports, was likely the work of a sworn officer. Rhodes claims to know a federal officer leaked the DHS report, and says Oath Keepers is "hearing from more and more federal officers all the time."

 
The group does seem to be on the radar of federal law enforcement officers. In May, a member complained on the group's website of a visit to his farm by FBI agents who asked him, he said, about training he provides in firearms, survival skills and the like.

 
One Oath Keeper is longtime militia hero Richard Mack, a former sheriff of a rural Arizona county who collaborated with white supremacist Randy Weaver on a book and who, along with others, won a U.S. Supreme Court decision that weakened the Brady Bill gun control law in the 1990s. "The greatest threat we face today is not terrorists; it is our federal government," Mack says on his website. "One of the best and easiest solutions is to depend on local officials, especially the sheriff, to stand against federal intervention and federal criminality." Mack's views echo those of the Posse Comitatus, which believed that sheriffs are the highest law enforcement authorities in America. "I pray for the day that a sheriff in this country will arrest an IRS agent for trespassing or attempting to victimize citizens in that particular sheriff's county," Mack said in a video he made for Oath Keepers.

 
Why the Return?
Why are militias and the larger Patriot movement making a comeback?

The original militia movement took off in the mid-1990s, with the first large militias appearing in 1994 and growth continuing over the next several years. The movement reflected widespread anger over what was seen as the meddling of a relatively liberal administration in Washington — from gun control to environmental laws to a variety of other federal mandates. But what really ignited the movement was the bloodshed in Ruby Ridge, Idaho, and Waco, Texas. In 1992, during a standoff between white supremacist Randy Weaver's family in Idaho and federal agents — a confrontation that began with Weaver's sale of an illegal weapon — Weaver's son and wife were killed, along with a U.S. marshal. The following year, some 80 members of the gun-loving Branch Davidian cult died in a fire that ended a 52-day standoff with federal agents in Texas.

 
Thousands of Americans saw these events as proof that the federal government was prepared to murder its own citizens in order to enforce a kind of liberal orthodoxy — a so-called "New World Order" (NWO) that reflected the economic and political globalization that militia backers felt was robbing their country of its independence and unique culture.

 
The movement was animated by a welter of conspiracy theories, the bulk of them decrying NWO plots that were said to be aimed at imposing socialism on the United States, sending patriotic Americans to prison camps, destroying farmers with secret weather machines, and so on. Most militia enthusiasts also blamed the 1995 Oklahoma City bombing on the government — it was a "false flag" operation carried out by the Clinton Administration, they contended, and designed to soften up the American public to accept draconian anti-terrorism legislation.

 
But the movement of the '90s ultimately wound down, almost petering out after the turn of the millennium. That was for a variety of reasons, including the arrests of many militia backers in terrorist plots, the jailing of hundreds of others on weapons violations, and the violence the movement continued to produce even after 168 people, including 19 children, were murdered in Oklahoma City by men steeped in the ideology of both militias and racist hate groups. The failure of any of the many dire Patriot predictions or conspiracy theories to come true also hurt the movement, as did the 2000 election of a conservative president, which had the effect of defusing militia backers' anger. Apocalyptic warnings from militia leaders about an expected "Y2K" collapse on Jan. 1, 2000, also turned out to be entirely without merit, becoming a kind of final nail in the coffin of the movement.

 
Now, it seems, they are back. Every month, there are militia trainings announced around the country — and untold numbers that are not publicized. The Internet teems with training videos, information about meetings and rallies, far-fetched rumors and conspiracy theories. Joining 1990s militia stalwarts like Gunderson and Mack is a new generation of activists, as exemplified in the case of Edward Koernke. Koernke's father, Mark Koernke, was a prominent '90s militia propagandist known as "Mark from Michigan." The elder Koernke served nearly six years in prison on charges that included assaulting police. Today, his son hosts an Internet radio show devoted to all things militia.

 
The current resurgence has several apparent causes. In the largest sense, it is again a response to real societal stresses and strains, from the seemingly inevitable rise of multiculturalism to the faltering economy to another liberal administration, this one headed by a black man. Similar factors have driven the number of race-based hate groups, as distinct from Patriot groups, from 602 in 2000 to 926 in 2008, according to research by the Southern Poverty Law Center.

 
"This frequently happens when elections favor the political left and the society is seen as moving toward greater social equality or away from traditional societal hierarchies," Chip Berlet, a long-time analyst of the radical right at Political Research Associates, said in a June newsletter. "In this scenario, it is easier for right-wing demagogues to successfully demonize liberals," immigrants and others.

 
In fact, the anti-immigration movement is both fueling and helping to racialize the antigovernment Patriot resurgence. More and more, members of nativist groups like the Minutemen are adopting core militia ideas and fears (see next section of this report). And they have contributed their own conspiracy theories — about the secret Mexican "Plan de Aztlan" to reconquer the American Southwest, and another involving the secretly arranged merger of the United States, Mexico and Canada into a "North American Union" — to the long list of nefarious plots already identified by the Patriot movement.

 
Far-right fears of conspiracies have come from other quarters, as well, most notably from the so-called "birthers" who have filed a series of lawsuits making the claim that Obama is not a U.S. citizen. These spurious claims first gained traction when prominent extremists like writer Jerome Corsi, politician Alan Keyes and Watergate felon and radio show host G. Gordon Liddy questioned the validity of the president's birth certificate. Many Patriots have also adopted conspiracy theories about secret government involvement in events like the Sept. 11, 2001, terrorist attacks and the crash of TWA Flight 800 in 1996.

 
"The current political environment is awash with seemingly absurd but nonetheless influential conspiracy theories, hyperbolic claims and demonized targets," Berlet concluded. "And this creates a milieu where violence is a likely outcome."

 
Going Mainstream
A remarkable aspect of the current antigovernment movement is the extent to which it has gained support from elected officials and mainstream media outlets. Lawmakers complaining about the intrusiveness of the federal government have introduced 10th Amendment resolutions (reasserting that those powers not granted to the federal government remain with the states) in about three dozen states. In Texas, Gov. Rick Perry raised the prospect of secession several months after Obama's inauguration — a notion first brought up there in the '90s by the militia-like Republic of Texas. U.S. Rep. Michele Bachmann (R-Minn.) said she feared that the president was planning "reeducation camps for young people," while U.S. Rep. Spencer Bachus (R-Ala.), evoking memories of the discredited communist-hunter Sen. Joseph McCarthy, warned of 17 "socialists" in Congress. Fox News host Glenn Beck, who has called Obama a fascist, a Nazi and a Marxist, even re-floated militia conspiracy theories of the 1990s alleging a secret network of government-run concentration camps.

 
The original movement also had its mainstream backers, but they were largely confined to talk radio; today, Beck is just one of the well-known cable TV news personalities to air fictitious conspiracies and other unlikely Patriot ideas. CNN's Lou Dobbs has treated the so-called Aztlan conspiracy as a bona fide concern and questioned the validity of Obama's birth certificate despite his own network's definitive debunking of that claim. On MSNBC, commentator Pat Buchanan suggested recently that white Americans are now suffering "exactly what was done to black folks." On FOX News, regular contributor D*ick Morris said, "Those crazies in Montana who say, 'We're going to kill ATF agents because the U.N.'s going to take over' — well, they're beginning to have a case."

 
At the same time, players like the National Rifle Association, which in the 1990s publicly attacked federal law enforcement agents as "jackbooted thugs," are back at it. Two months before the election last fall, firearms manufacturers joined forces to promote NRA membership in a national campaign ominously dubbed "Prepare for the Storm in 2008."

 
Gun shows, too, are back as major venues for militia-like ideology. In a video produced in April by Max Blumenthal, senior writer at the online news site The Daily Beast, one man interviewed at a show said, "If Obama tries to get rid of our guns, it's just a step away from trying to take away everything else." Another said show attendees were "preparing for the worst."

 
Patriot ideology also has crept into the anti-tax "tea parties" that were staged by conservatives around the country in April and July. In addition to protesting government spending and taxation, some demonstrators called for the sovereignty of the states, abolition of the Federal Reserve (a long-time bogeyman of the radical right), and an end to "socialism" in Washington. At the Jacksonville, Fla., July tea party, some protesters carried signs that compared President Obama to Adolf Hitler.

 
Once again, fearful Patriots are scurrying to prepare for what they see as the coming societal meltdown, stockpiling not only weaponry but food and an array of other items. Newsletter publisher Lee Bellinger, for instance, peddles Social Chaos Survival Guide: Smart, Savvy Precautions to Make You Self-Reliant in These Dangerous Times and warns of "impending national social chaos." The book, he says, is "for people who want to stand their ground without attracting a whole lot of attention — either from the authorities" or "mobs of desperate fellow citizens."

 
The recent Department of Homeland Security report also pointed to the role of the Internet in the current movement: "Unlike the earlier period, the advent of the Internet and other information-age technologies since the 1990s has given domestic extremists greater access to information related to bomb-making, weapons training and tactics, as well as targeting of individuals, organizations and facilities, potentially making … the consequences of their violence more severe."

 
Whither the Militia Movement?
Evidence that angry Americans are arming themselves for action is growing. In March, for instance, a Spokane, Wash., man pleaded guilty to illegally possessing two grenade launchers, 54 grenades, 37 machine guns, eight silencers and a variety of explosives in a storage unit. The man had an "End the Fed" bumper sticker on his vehicle. In May, another Washington resident was charged with keeping an illegal cache of weapons that included a machine gun, four silencers, and two guns made by a local gunsmith and inscribed with "Christian warrior" and "NObama."

 
In Nebraska, a jury convicted Allison Klanecky for possession of unregistered grenade components. Prosecutors said that a search of Klanecky's barn and an underground bunker turned up dozens of containers of explosive powder, fuses and other components that could be used to make up to 93 grenades, plus an unregistered 12-gauge military shotgun called a "Streetsweeper." Klanecky was involved in an end-times group called The Prophecy Club that sells conspiracy books and DVDs on everything from the New World Order to globalism and the 9/11 attacks.

 
A good illustration of antigovernment Patriot movement paranoia was the reaction to a National Guard exercise planned for April in the little town of Arcadia, Iowa. The guardsmen had intended to conduct a four-day mock search for an arms dealer that would include patrolling the town's streets, distributing photos of the fictional bad guy and knocking on doors of residents who agreed to participate in the drill.

 
Alex Jones, the radio host and conspiracy theorist, got wind of the plans and interviewed a National Guard official, setting off an avalanche of angry calls and visits to his website from people who feared the exercise was really about imposing a dictatorship or martial law on the country. "Tell them that ANY violation of your rights will result in a 'Live Fire Exercise,'" one such person wrote on Jones' Infowars.com website. "If they come, come loaded for war!"

 
That incident showed how quickly militia enthusiasts now mobilize, thanks to the Internet. The National Guard rapidly scaled back its planned exercise, although it denied that the deluge of complaints had anything to do with its decision.

 
The sounds of violence are growing louder. The Idaho Citizens Constitutional Militia recently posted an opening for a "field sniper." Around the same time, an Ohio Militia member, face hidden by a bandana and voice distorted electronically, posted a video to YouTube. "People need to wake up and start buying some of these," he said as he displayed a semi-automatic rifle. "Things are real bad, and they're going to get a lot worse."

 

 

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THE SOUL OF THE CONSTITUTION

The First Principles

The Constitution was written almost by happenstance. Fifty-six highly educated, very religious men with thirty-five different views about government spent near eighteen weeks, six days a week, arguing, each for his own and his state’s interests, defining the necessary components of a central government, proposing methods and procedures, processes and systems, ammendments and resolutions, arguing, agreeing, getting angry, walking out, and after eighteen weeks, it all came together to their amazement. Had they really hammered out a workable form of governence? Had order actually come from the chaos? If so, how? Why?

The Founders were keenly aware of the gravity of what they were there to do, and they were very well familiar with the workings of committees, principles of government, and the philosophies of the great thinkers of old. They were also aware that they would have to live with the results of their work. They were, also, for the first time in the history of mankind, able to actually found a new nation on principles they held dear instead of the dictates of authority not of themselves.

Historically, nations and governments had been based on historic events such as being conquered, the birth or death of rulers, etc. The rights of men had been handed down by those kings and conquerers. America, it was decided, would be founded on principles of higher origin.

The Founders were men of God. Thirty-five of them were Christians of the protestant variety, a few were Catholic, a few were just believers. This collective belief in a higher power, in Nature’s Laws, instilled in them a humility, a sense of humanity and charity that had its own unique influence on their work product. It determined the character of the principles that would form the basis of the new nation.

 On the final day of the convention, the true result of their work was not immediately apparent to most. In fact, there were only two men who, having had the luxury to observe more than participate, realized just what had happened over the past few months, and what the result of it all meant. They were George Washington and Benjamin Franklin. Even Hamilton, and to a lesser degree Madison, didn’t become aware of the full meaning of their work for a day or so after.

With an attitude of equality among them, and a mutual respect for each man’s intelligence and character, and, even more relevant, the dedication to the sovereignty of the individual, the wishes and needs of each delegate, and their constituents, had been recognized and provided for and a blueprint for a central government both national and federal in its style, had emerged. Madison, having read the final embossed document, is said to have expressed sincere astonishment that the best of both nationalist and federalist precepts had been melded into a new and unique experiment of self governence. He was both proud and confident in the work of the convention.

The Constitution was sent to the state legislatures to be debated and ratified. There was much consternation, though, among the citizenry over the Constitution, as it was seen by the people to create an all powerful, sovereign national government that would be overlord to the states, and it was feared that it would be oppressive. Through a series of articles titled the Federalist, Madison, Hamilton, and John Jay, writing under the pen name Publius, explained in detail the intricate weaving of the Constitution’s structure, its fundamental principles, its limits on the new union, and the effect it would have on the lives of the people.

The people saw that the Founders believed the individual to be the very basic element of society, and had founded the nation on that premise, that government is based on the consent of the governed, the people.

Because of their dedication to higher principles, the sovereignty of the individual, they had agreed to adhere, in their deliberations, to what are now known as the First Principles. They are…


LIBERTY
Man is born with an innate yearning to live free of the bonds of other men.
 

HUMAN NATURE
Man always acts in his own self interest,
Men are aware that there is a power higher than himself,
Man is responsible for himself and his behavior.

 
EQUAL RIGHTS
All men are born with these traits and have equal rights to them
 
 
CONSENT OF THE GOVERNED
Man is supreme, government inferior.
Government’s purpose is the security and happiness of men.

 
Religious liberty, economic opportunity, and national independence sprang from those First Principles. Rule of law and constitutionalism became the means to insure liberty.

These First Principles were the lessons taught by the Federalist Papers. As a result, the people came to see the Constitution as not only creating the central government they needed, but even more as the guarantee that their freedom would be supreme, that they could live free from the fear of tyranny, under the law of the Constitution.

For the first time in history, a population took to their bosom the law of the land, putting their faith in the Constitution as "their Constitution." That sense of being protected and free from domination has prevailed through the two centuries since its creation.

The Constitution, in the hearts of Americans, holds almost equal value with the ten commandments, the promise of the grace of God, and their own sense of self-worth. As long as it is the law of the land, no matter how far from its meaning the government strays, the dedicated action of a single patriot to enforce its authority is all that is required for the people to prevail over those deviating from its mandate.

It is, quite literally, a document of the people, by the people, and for the people.

God Blessed America. May he forever continue that blessing.

Glenn Flowers

 

POSTSCRIPT: The two words, liberty and freedom, are generally thought to be synonomous, and, for the most part, that is not considered to be wrong. But, the Founders had a definite and different meaning of each. Freedom is seen as being a generic, all encompassing notion of unrestricted choice. Animals, as well as man, enjoys freedom and it is a fundamental character trait in all sentient life forms. Liberty, on the other hand, is uniquely human. Liberty implies a self-imposed restraint on freedom, such as is commonly considered wise and prudent. A self-governing, personally responsible freedom that only man can know. It is, to most, a higher, more enlightened manifestation of freedom.

Liberty, or death. No difficult choice there.

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THE FOUNDATION OF OUR GOVERNMENT

How, Why, and By Whom It Is Being Destroyed
 

During the Federal Convention of 1787, the Founders argued over every conceivable aspect of the document they were creating. Some, being from England, argued against a single person as the Chief Executive. Others, from the smaller states, insisted on enumerated, clearly defined and limited powers for the central government. The great majority, though, had no objection to what has become known as the "seperation of power". In fact, the concept had been written into the Constitution in a haphazard manner, but was added wherever it was missing and in a more bold and intentional way before the document was signed. Indeed, the seperation of powers of the three branches of government had been the very framework upon which the founders acted, albeit in an eerie and unconcious way.

The seperation of powers, these words are not in the Constitution, was the method used by the founders in the attempt to prevent our elected officials from creating a tyrranical, elitist despotism in government. Madison defined tyranny as all powers, legislative, executive, and judicial, being in the hands of one group or person. The seperation of powers was to prevent that from happening.

Not only were the powers of the branches strictly defined but auxilliary checks were given to each branch that would limit the autonomy of the branches. For example, the executive was given the right to appoint his cabinet members, diplomats and ambassadors, and justices to the Supreme Court. But all of these appointments were to be subject to the approval and advice of the Senate. Congress was given the huge power of writing all of the nation’s laws, subject to the veto power of the executive and the ratification by the Senate. Congress, by a two-thirds vote, could override the president’s veto and pass the law. The founders wisely did everything they could to limit the possibility of one person or branch becoming all powerful.

It was this seperation of power that overcame many popular objections to the Constitution during the ratification by the states. It was also one of the main reasons the people have come to believe that the Constitution is their document, their insurance of their rights being protected.

Today, the seperation of powers still operates to some degree, but the seeming ignorance of the Constitution, the almost dictatorial attitude of Congress, especially its leaders, and their ability to get away with more and more criminal activities are all due to the changes made by the courts and the laws passed by Congress in the way in which the seperation of powers is perceived. The fact that the Constitution does not contain an expressed injuction to preserve the boundaries of the three branches is impetus for those bent on consolidating power to themselves.

The result of this curruption of the seperation of powers is what we see happening in our government, especially in Congress, today. Vaguely written, ill defined legislation leaves the details to the bureaucracy created by the bill. Bills redefining the powers of the judiciary and executive more often than not, are commonly passed. The result is Congress has become the de-facto regulator of all things executive, and the judiciary has become the law makers. This is most obvious in the consideration of abortion, pornography, school prayer, the death penalty, and immigration law and their enforcement.

This maldistribution of power received its biggest boost with the election of Woodrow Wilson as president in 1912. Since then, a faction loosely called the "Administrationists", has pushed further and further the Constitution’s seperation of power doctrine toward the brink of destruction. In essence, they have been unopposed in their work.

Wilson, an academic in all that that infers, believed the seperation of powers was a deadlock to government efficiency. He and his followers were of the belief that the Constitution should be a living document as history had shown how much time had changed man’s ideologies about himself, and all other aspects of his world. They saw the Constitution as being a religious like set of commandments that society had outgrown with the advances in understanding and man’s ability to reason rather than simply observing. He and his followers often stated the following about the Constitution, "The more open-eyed we become as a nation to its defects the better." They believed that man received his rights to life, liberty, etc., not from God or nature’s laws, but from those in power. Yet he espoused the theory that government was not a written set of mandates, but was a living, breathing entity susceptible to outgrowing certain premises.

In Wilson’s view of government, only the consolidation of powers under one branch would provide the most efficient government. He believed that the only seperation should be between the politics and the administration of government. Therefore, he held that two branches should comprise government, the executive and the administrative. The executive would be the only elected position and would be the "people’s delegate" in government. It would be the President’s sole responsibility to sell the policies of the administration to the people, and to convey the wishes of the people to the administration. This executive would, seemingly, be perpetually in campaign mode, selling the policies to the people, forming interest groups that could convince others of the benefits of the policies. A cheerleader, the executive would have no real administrative duties, but would be essential if civil disruption were to be avoided.

The administration’s major responsibility was to foretell the future and set in motion policies that would be effective in bringing the nation into that future. There would be no laws except those conferring the power to legislate upon the administration, and as few as necessary to regulate society. The everyday administration of the activities of the people would be per diem, or on an as needed basis and would be revisable, also as needed, or, as they saw fit.

To Wilson and the Administrationists, the future of the nation was to be decided according to what they saw as historically becoming the future, and not having anything to do with the rational, Constitutional standards addressing the nature of human beings. The duty of government, in their eyes, was to be attuned to the time and spirit of the future and to guide the nation where those events showed it to be headed. No thought was given, in fact it was specifically ommitted, that the duties should ever provide for common security or to secure the inalienable rights of men. Such idealistic thought was, to their way of thinking, responsible for selfishness in man, poverty, war, and all injustices so prolific in the world. Only a trained class of elitists, scientifically determined as non-partisan could bring about the perfection the Constitution had failed to achieve.

We, when analyizing the properties of one form of government as opposed to some other, are more apt to choose that form which elevates the common person, defining and insuring the retention of human rights as are the nature of all persons ever born, than a form which is impersonal, abstract, and, in anyway authoritarian. Indeed, those very qualities of humane governence, drafted by and for the People of the nation, are the reasons why the people of these United States have, for so many years, seen the Constitution as their own insurance policy against tyranny and the loss of their freedom. Only by the corruption and ignorance of the principles inherent in the Constitution have evil men, bent on tyranny and a greedy consolidation of power, made the few inroads they have to their purposes. The Constitution, as written, is still very much appropriate and timely for the purpose for which it was created.

The fact that the Constitution embraces the idea that there is a higher power than man is what makes it so personally acceptible to men of decent character. The robotic, un-godly processes of Administrationism, Socialism, Communism, Fascism, etc., and the policies resultant therein, are the very reasons they are soundly rejected and despised by those same decent humans.

 Glenn Flowers
 
 
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JUST THE FACTS, MAAM, JUST THE FACTS

Following the advice of a trusted, fellow blogger, I have decided, for at least the near future, to concentrate my critique of the present members of the federal government to the actual stupidity and miscalculations, and consequences of their decisions, and, for at least the near future, forgo any mention of what I believe to be their underlying motives. I do this in an attempt to, possibly, convince those who would otherwise brand or have already branded we Conservatives as conspiracy nutts for offering outrageous motivational theories, that regardless of motivation the outcome is disastrous. Having my best friend, a former devout Conservative and war veteran, tell me he believes none of what I proved to him, I must admit there are those who voted for this inept manchild candidate who won’t ever admit that they could have and should have known what Obama was beforehand. It is just too demeaning.

So, BLOGGERS! Do not attempt this at home, this was performed by an experienced blogger with nothing left to fear!

This new methodology will take the style of a new, separate blog named,

JUST THE FACTS, MAAM

a standard line by Sgt. Joe Friday of original DRAGNET fame (for members of the X and Me generations and those in Rio Linda, CA).

Glenn Flowers

 

PS: I have no dreams of actually changing the minds of any hardcore, leftist Deficrats. I am not insane nor do I have illusions of grandeur. Well, not serious ones, anyway.

 

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THE DUTY TO REBEL

There are many well thought and worded posts here calling for the people to rise up in rebellion to the tyranny we are experiencing and to take back our government. I agree that the present administration is in violation of the Constitution and federal law and is following a road to absolute dictatorial tyranny the kind of which we should not tolerate.
 
That document that grants us the authority to rebel lists what would be necessary to make such a rebellion legal and proper. Thomas Jefferson wrote in the Declaration of Indepenence,
 
"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, 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security."
 
Jefferson states that prudence will guide us not to throw of a government long established for transient causes. But he also says that when a long train of abuses leading to the same goal shows there to be a design for despotism. THEN it is our duty to rebel and reform the government according to our wishes.
 
While it is true that the Constitution has come to mean less and less to our federal officials, we did not ever consider it tyranny until it had actually become such, beginning January 20, 2009. Until the past six months we still held some hope that the election process could be the tool for peaceful. legal authority over the government.
 
Also, if you read on to the end of the Dec of Independence, it is the STATES who declared their independence and it was the STATES that created the Constitution. Therefore, I believe that it is only the STATES who can determine that tyranny has been suffered long enough. For the people to bring arms against the government without the states first acting and failing to abolish that government is illegal under the Constitution. The people must decide when they've been ignored long enough by the feds and give up trying to get them to act and, instead, focus all their anger and dissension at the state legislatures in an effort to convince them to pass state's rights resolutions that list the illegal actions by the feds, and resolve to abolish their contract with them, essetially firing the federal government.
 
A majority of state legislatures passing identical resolutions would be constitutionally legal and, in my opinion, garner the support of the Armed Forces. That will be absolutely necessary.
 
The reason all the law suits against Obama were dismissed because of lack of standing is because the PEOPLE must act throught the States, as they did in creating the USA, to have any authority. Individuals did not create the Constitution and are not covered by it. They lack standing in most relations with the feds.
 
While we've been under this attack for only six months, there is no time to lose.
 
Let's stop pi--ing in the wind by trying to influence federal officials. It is useless.
 
Let's put all our efforts where they will be legally recognized even if they are ignored, toward the State governments. It is the ONLY legal avenue for We the People to assert our authority, peacefully. If that fails, then we will speak of more unpleasant days to come.
 
I have posted a list of websites of all fifty states' governments that have e-mails of all state legislators. It is THESE legislators where we must focus our voices for it is only they that just might listen. We already know the feds won't.
 
E-mail them demanding they unite as they did in 1787, and fire the federal government, resetting the Constitution.
 
Glenn Flowers
 
 
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E PLURIBUS UNUM - THE MAKING OF A NATION

I have spent the last week or so in an attempt to write a summary of the work and tenor of the Federal Convention of 1787. Any serious description of it would require many, many more words than I have dared to use. So, take the following as an overall observation of the three and a half months of that convention and the attitudes that prevailed. The source for this post is Madison's Notes On the Constitutional Debates of 1787.





E PLURIBUS UNUM
The Making of a Nation


The United States of America is, arguably, the premier example of individual liberty, overall freedom, tolerance, economic viability, and technological innovation in the history of mankind. It owes these exceptional traits to the principals of inalienable rights of the individual to life, liberty, and the pursuit of one’s goals in life. Even though there had been in history leaders and governments that had recognized these basic principals, no system of authority had ever guaranteed and protected these liberties as inherent to man, and no such system had ever been created by the very people who would be the objects under that authority. For a government to be central and have an equal and stabilizing effect on all people, and to be limited in its authority and, in some aspects, subservient to the local authorities that had created it, an entirely new and unproven architecture of governence was necessary.

Those delegates who comprised the convention held in 1787, met for the purpose of revising and ammending their confederation’s constitution to make it possible for that confederation to succeed in the tasks that it had been created to perform. No authority to collect taxes, enforce laws of the union, regulate the actions between states, all rendered that confederation impotent leaving the people vulnerable to those perils the union intended had been created to avoid.

The Federal Convention of 1787 was called with great expectations. But even before the first meeting of that convention problems arose that would portend the mood of the next three months. Having been scheduled to convene on May 14, there were only five states whose delegates had arrived by that date. Not being a majority number, they were forced to await the arrival of more delegates. It was not until the 25th that enough of the delegates to constitute a majority of states were present. This, also, had been a major factor in the decision to hold the convention in the first place, the lack of participation in the business of the confederation had made the acts of doing its work impossible most of the time.

Once convened, the problems continued. The failure of some delegates to conduct the business of the convention in accordance with the established protocols caused delays and excited emotions serving to build animosities between the delegates. Any hope for a solution resulting from common need, unity in purpose, national pride, or sense of duty was dashed. Instead, dissension, paranoia, self interests, and jealousy all plotted to divide the convention against itself and send the delegates home with no solution to their needs.

Having rid themselves of a destructive and tyranical king, the states of America had a huge pride in their independence and self reliance. That all of them had instituted state legislatures and constitutions were testimony to that insistance on self determination. That need for freedom from excessive intervention on their lives was carried into the convention where it was met with an opposing philosophy on what was required in a central or national union. There were present men who were educated and experienced in the means of government who held the belief that no two authoritative entities could suffer the existence of the other. In their minds it was not the way governments were known to operate effectively. The main authority, they contended, had to be sovereign and its powers absolute. Any lesser bodies must exist only for those small and insignificant purposes to which the main body had no compunction to address. Mr. Randolph, Alexander Hamilton, and Mr. Mason were among these.

Over the life of the convention proposals for ammendments to the confederation’s constitution, and for replacing that with a new more effective construct were many and varied. A system of, by, and for the people was not even imagined at first.

Mr. Randolph of Virginia had proposed a plan to be used as a template for constructing a national union. It came to be known as the Virginia Plan. It was the object of most of the debate during the convention. Its articles and clauses were not agreeable to all.

The insistance of many for a government sensitive to the wants and desires of the individual and the separate states was met with equal demands for a strong, all powerful central authority. Motions were made by both factions only to have them rejected and previously rejected proposals resubmitted. Days, even weeks were spent on minute but relative details such as who would choose the members of the second legislative body, what would be the term of service for the executive magistrate, how many executives would there be, what would be the powers of the legislature, and what power would the states have over the main government.

There was never a moment during the convention that could be said to be a turning point. No man stood and spoke to the difficulties and inspired cooperation. No changing of a mind from its cherished ideals was evident. Rather it was because these men had the differences they did that the Constitution is what it is.

Objections to a particular clause, sentence or words of the plan were considered and the mind of the convention on it was determined. According to that determination the objection was ignored or a solution sought. With only the dedication to their purpose and the willingness to make small but reciprocal changes, the Constitution took shape as a unique document in governmental history, providing both a powerful and effective federal government capable of supplying the services needed by the individual states, and, at the same time, insuring those inalienable rights of individuals would not be trod upon. While granting powers to the main body, the states retained the residual powers to themselves. Due to hard work, a commitment to their purpose, and a love of freedom the convention had, amazingly, produced a result generally accepted by all.

If viewed in the perspective of the attitudes presnt in the beginning versus the same in the end, it is obvious that a maturing had occurred in many delegates. It is also apparent that a conciliatory nature had been fostered in the personalities of those who had been arrogantly confident in their formal knowledge and a realization by them that they were, in this endeavor, making history. Mr. Hamilton is particularly evident of this evolving nature.

On September 15, 1787, with a few members still having objections to several items, the motion to put the draft of the constitution to a vote for approval was made and seconded. The vote was unanimous among the states with only a few delegates in the negative.

It was then ordered that the document be professionally engrossed.And they adjourned

Monday, September 17, the engrossed Constitution was read. Benjamin Franklin then rose to speak.

Having been a consistant source of moderation and a voice of the people, Benjamin Franklin was aware of what they had accomplished and the obstacles they had overcome. Knowing the nature of men, he offered the following to the convention…

Mr. President;

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said "I don't know how it happens, Sister but I meet with no body but myself, that's always in the right-Il n'y a que moi qui a toujours raison."

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats.

Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administred.

On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.-

He then made a motion that all the members sign the document and proposed the style of it.

Even then, after the Constitution had been voted on and approved, after the passionate request made by Franklin, there were those who still harbored a divisive nature. Mr. Randolph, who had provided the Virginia Plan which, when generously ammended, had become the Constitution, apologized for his refusal to sign the Constitution. He claimed that his refusal did not mean that he opposed it, but meant to keep his options free. He said that he believed the alternative which the Constitution provided to his original plan and the Articles of Confederation would not be acceptible to the people, as written. He had, despite the nature of the Virginia Plan, been among those who wished to diminish the power of states in defference to the federal government. Mr. Gerry also decided not to sign. He stated his belief that the inadequacies of the federal government would be the cause of a civil war, beginning in Massachusetts. Mr. Mason refused to sign and had given his reasons previously.

Mr. King then suggested that he journal of minutes should either be destroyed or given to Gen. Washington. He believed that if it were to become public it would be used for bad purposes by those who might become opponents of the ratification of the Constitution.

It was decided that the journal would be given to Gen. Washington to care for until a session of the new congress, if ratified, could decide on its future.

The members then proceeded to sign the document. Then, the Constitution being signed, the convention dissolved itself by an adjournment sine die.

The work of the convention had been tedious, and the outcome was still in doubt. A letter was written submitting the Constitution to the Congress of the United States and suggesting it be sent to all the states for ratification by a convention of delegates chosen by the people. It also suggested that as soon as the ratification by nine states had been secured, a day should be appointed on which the electors would assemble to choose the president of the United States, and the date chosen for the opening of the first session of Congress.

On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution minus the Bill of Rights.

On September 25, 1789, two years after the Constitution was signed, Congress submitted to the states twelve proposed ammendments. Two of those dealing with congressional pay and representation were never adopted. The remaining ten ammendments became known as the Bill of Rights when Virginia became the ninth state to ratify them on December 15, 1791.

The creation of the Constitution by men of so many differing ideals and aspirations, and the ratification of it by states of differing sizes and with opposing needs and priorities is only capable of being defined as being, E Pluribus Unum, in the truest meaning of it.

Glenn Flowers

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RETAKING OUR GOVERNMENT: THE ONLY LEGAL METHOD

All over the internet, callers to talk radio shows, at the Tea Parties nationwide, in letters to editors, the People of the United States are expressing the fact that they have had enough of Obama’s theft of their earnings, and their grandchildren’s earnings. They are fed up with Obama labeling every bill he proposes as an emergency, citing major hardship and economic disaster if his policies are not passed immediately. The People are even more outraged at the fact that none of Obama’s policies are working, none of his policies seem to be designed for what they were meant to do, and, instead, are putting America on the path to third world nation status. Czars who have no responsibility to anyone but Obama, inspector generals illegally fired for doing their jobs, executive orders that bypass the powers of the legislative and judicial checks and balances, appointments of tax cheats, anti-constitutionalists, and even socialist and communist activists, all designed to promote Obama’s childhood dream, the de-construction of America as the wealthiest, most powerful nation on Earth. Why does he endeavor to this goal? Because, he believes, America has become the great nation she is at the expense of all the poorer nations, black nations, and he wants economic and social justice. His followers and staff have only this to say to patriotic Americans: "We won, get used to it."

But, I beg to differ with Obama and his minions about their "winning". When they "won" what was probably a rigged, fraudulent election, Obama also swore an oath, legally binding, when he took office. He has, ever since January 20, 2009, ignored every word and the whole intent of that oath and is, therefore, in violation of at least three federal laws of the US Code and four or more articles and ammendments of the Constitution which is the supreme law of the land.

So. What do we do to fire him and the complacent and compliant Congress and Supreme Court? We, the People, do not have the authority to do anything regarding the federal government, and this is why. The Constitution was written for the People by the Constitutional Convention of Congressional delegates from the states. It was then ratified by delegates of the states. The Constitution had one purpose, to create and define the Federal Government known as the United States of America. The union was created by the states on behalf of the People. The federal government was not a party to the union, but is a result OF the union of the states. Therefore, only the parties to the union, the states, have any authority over the federal government. This is testified to in the writings of Jefferson and Madison in several instances.

To replace a federal government that has grown to be tyrannical, has created powers for itself it was never meant to have, has grown innefficient and has lost its support of the people, the legislatures of a majority of the fifty states must all agree to the nature of the tyranny and pass a resolution nullifying their creation, the United States of America, and reform that government according to the Constitution as originally written. Essentially, those states force the federal government out of business as is their right of creation.

To learn more on this subject see my earlier writings, Legal Procedures, Myths About the Constitution, Jefferson On State’s Rights, and To the Legislatures of the Fifty States.

Do your part as patriots and contact your state senators and Representitives urging them to participate in the Patrick Henry Caucus and force Washington to do our business or be fired.

Glenn Flowers

 

 

 

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TO THE LEGISLATURES OF THE FIFTY STATES

I will be sending the following letter and draft resolution to all fifty state legislatures on the hope that they will act to save our republic as only they can.
 
 
TO THE LEGISLATURES OF THE FIFTY STATES
The Path of Survival for We, the People
By Glenn Flowers, June 27, 2009
Dear Sirs;
The titles, "The United States of America", and "The Constitution of the United States of America", have been the names of our union and its founding document for 230 plus years. They came to be so by way of that same Constitution. They have always been the title of the federal government and the contract by which we entered into union with it.

Now the people of your respective states find themselves under severe attack economically and socially, by that same organization, the USA, or federal government. We, the People of this country know that by ourselves, individually, we have but a small voice to try and effect any significant change. But, the people together, as states, have a voice Washington listens to. In fact, the states are the one voice that puts real concern into the minds of those elected federal officials. They know that the states created the Union, and they know that the states have the power, as representitives of the people, to replace them if they deemed it necessary.

I believe that the government in Washington has become so enamored with themselves and the power and money available that they need to be replaced and the Constitution restored, as written, as the law of the land. But, I also know that that is a drastic measure and is not likely to be taken seriously at this time.

The salvation of our way of life from destruction at the hands of the USA, viz. Obama, and his gang, rests solely with the legislatures of the fifty sovereign states. The resolutions passed by a few of the state legislatures, as associated in the Patrick Henry Caucus, would have a great and profound effect to bring about a realization of the people’s anger if a majority of the states passed similar, supporting legislation.

The speed at which the administration is acting to spend all the wages of future generations, pass laws that deny the people of their individual rights, dismantle the market economy, and gather unto themselves power and rights never meant to be theirs, demands that we, the people, act with similar speed and with the required authority of the state legislatures if the American way of life is to be preserved. There is no abundance of time, no margin for extended thought and consideration of lesser measures. The priorities of the government are setting the schedule.

The Patrick Henry Caucus, a forum of state law makers meeting to discuss actions they can take to alleviate the problems caused by the federal government, is the only such action being taken that I know of. It can, if supported by a majority of state legislatures, stop the demolition of this great nation and restore the Constitution to its rightful authority as the law. I urge all fifty state legislatures to contact the Utah state legislature for further information on the Patrick Henry Caucus, and to join with them to save America before it’s too late.

If it becomes necessary to take actions such as Jefferson described in the Declaration of Independence, and replace our elected government officials; a resolution would be required to nullify the agreement between the states and federal government. A majority of the fifty states would have authority to accomplish that task.

If you have any reservations as to where the US Armed Forces stand on the Constitution, I suggest you visit http://www.oath-keepers.blogspot.com/

I have taken the liberty of drafting a template, simple as it is, that could be the starting point for such a resolution. I do not flatter myself by believing it to be required as yet, nor do I believe it to be totally sufficient for such work, but intend to offer it only for your consideration if needed for such a purpose.

Sincerely,
Glenn F. Flowers
 
 
 
 
 
 
 

RESOLUTION OF SOVEREIGN AUTHORITY

FROM: The legislatures of the States of America,

TO: The Federal Government, the United States of America

LET IT BE KNOWN TO ALL WHO WILL HEAR,
These states, as represented by those whose signatures are attached hereto, through no fault of the people of the states, find that, due to the usurping of power by the Federal Government, we are not united in or by that government’s ideals or officials with whom we have been associated for many years.

We, the People, now find ourselves in danger of having our liberties and wealth destroyed as independent and free people of these seperate states, by that very association which we entered into for the purpose of protecting our common interests from just such a tyranny as has become the United States of America.

Through these processes this tyranny has been thrust upon us:
Illegal decisions made by the Supreme court, of which there are an assortment available for setting precedent that allows one or the opposite decision at the whim of the justices; The exploitation of these rulings by the executive and legislative departments in taking the power of the other and constructing non-enumerated powers by deeming them "necessary and proper";
By using the leniency granted by the people to allow for unforseen events to, instead, levy upon us an unbearable debt that robs us and our progeny of rightly earned wealth and standard of life;
By using the "power of the executive" to effect laws and policies designed to deconstruct the market society and individual motivation plainly of the Laws of Nature and of Nature’s God;
Imposing onto the states a tyranny of wealth redistribution and theft reminiscent of socialism;
By using first the honor and respect of the office of their position and then acting in opposition to that respect and dignity to pass law that would be absolutely rejected if allowed an airing before the people;
Through enactment of legislation requiring the usage of expensive, limited alternative sources of energy rather than the cheaper, abundantly available energy sources already in mass usage;
By establishing myriads of new government agencies and appointing over them "czars" having both legislative and executive powers, these "czars" not being elected and not answerable to the people;
By illegally firing independent inspectors general for investigating embezzlement by friends and supporters of elected officials;
By wastefully allocationg billions of taxpayers dollars to shore up private financial and industrial businesses;
By imposing salary and bonus caps on employees and officers of private businesses;
By prohibiting production of vast sources of proven reserves of petroleum;
Through the implementation of huge taxes on all emissions of naturally occurring atmospheric gasses (carbon dioxide) they have reversed the upward trend of not only American standards of living but have also eliminated any possibility of bringing better lives to billions of the third world countries relegating them to freezing in the dark.

By engaging in these actions without even once considering the will of the people, the officers of the Federal Government have committed gross acts of sedition against the true power of We, the People, have violated that solemn oath taken by them to protect and defend our Constitution, and have violated the word and intent of most every article, clause, and section of that document of union. This is not only bad governance, it is criminal activity.

Therefore, the following has been ratified by the majority of the legislatures of the several states and is, thus, made the applicable law by resolve, rendering the Constitution, as pertains to that Federal Governing body now existing, temporarily null and void of authority and causing it to be, no more, the law of the land.

To the furtherance of this cause it is:

Resolved:

Our federal government has taken upon itself powers never authorized, and with that have subjected the people of the nation to great harm, destroying the economy and the very nature of our society, and severely diminishing the wealth and general welfare of the people.

Resolved:

It has become necessary and of immediate need, to insure the survival of these sovereign states, to render the alliance to the Federal government non-existant and to, thereby, dissolve that created by the people of the states known as the United States of America.

 

Resolved:

It is only with these state legislatures that that authority rests as the creators of that Government. Therefore, if and when that central organization is no longer required, it becomes destructive in its nature, the people decide it to be ineffective and needs to be revised or replaced, only these state legislatures, having been the initiator and creator of that government for its own purposes and that government having no validity without the pleasure of these states and their people, have the authority to break those bonds voluntarily entered into. They can assert this authority over the Federal Government

regardless of objection or resistance from any source within the USA as the Constitution stipulates causing it no longer to be the law of the land as far as the present officers of the USA are concerned.

Resolved:

These legislatures of the several states, constituting a majority thereof, hereby declare all elected and appointed officers of all three branches of the Federal Government of the United States of America, excluding those continual employees not a party to the administration, Congress, or judiciary, to be in violation of the terms of their service, as sworn to by them, and are, hereby, terminated and removed from office as provided for in the Constitution of the United States. This ends the alliance of states with that government.

Resolved: We, the People of the states of America, retain the right of authorship, ownership, and any and all privileges of the titles, "The United States of America", and the, "The Constitution of the United States of America", for whatever future usage or purpose we see a need of or deem worthy. No officer, present or former, shall have any claim or right to these titles or to any resulting trademark.

Signed:

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NINTH AND TENTH AMMENDMENTS IMPOTENT

The Ninth and Tenth ammendments to the Constitution have always been considered by the People as being a guarantee against an abuse of power by the federal government. They read as follows:

Ninth Ammendment -- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Ammendment -- 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.

They seem to be fairly straight forward and unambiguous in what they say. As I read them, the federal government can not exercise any power not given to it by the Constitution, and if it is not given there the states or the people retain those rights for themselves. The government has only the powers spelled out, and no more. That is the way I believe most people would interpret them.

But, as is the case with most questions of points of law, there have been court decisions that have supported a simple interpretation, and rulings that take a more creative and complex approach in interpreting meaning. The acceptance and application of one or the other of these methods by a current court is not consistent but wavers to and fro over time and is the cause of much or all ignorance and confusion on the subject.

There exists precedent that allows the feds to assume powers not granted to them, as well as precedent preventing any use of power not specifically granted. On one hand, the last paragraph of Article One, Section Eight gives Congress the power to, "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof. "

That paragraph has been used by the courts to give Congress powers not specifically enumerated. On the other hand courts have made decisions based on a simple and strict reading of these ammendments such my opinion above. The people have no way of knowing these opposing precedents exist, but even if they did, they could not be confident in any court ruling a certain way because there is legal standing for the courts to rule this way or that.

The existence of precedents supporting opposing rulings renders these two ammendments meaningless. This is the case with all the limitations and grants of powers to the federal government written into the Constitution. The courts have an open buffet of past decisions on every question, custom made for whatever situation arises.

If I had the opportunity to propose a single ammendment to the Constitution, I would propose that there be a grand jury type civilian review of all SCOTUS decisions. This jury would be selected randomly and neither the SCOTUS nor the jury would know, before hand, the duty they were being dealt, and this duty would not be divulged until they had completed their work. If, in the future, the decision of that jury was found to be in contention with the Constitution, the previous decision would be superceded rather than be allowed to coexist.

The coexistence of opposing rulings as precedent renders the entire Constitution useless.

Glenn Flowers

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THE CONSTITUTION GUTTED BY THE COURTS

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We all know that, over the past 230 years, many court rulings have had the effect of neutralizing or, in some cases, causing the opposite result of the intent of much of our Constitution. I decided, therefore, to research just how the Constitution has been rendered meaningless to a great extent, and what, exactly, these court decisions were meant to do. What I found out was, to say the least, surprising and disturbing.

To study this subject, an annotated copy of the Constitution is essential. After each article, section, or clause, there is an explanation of that section and those cases and decisions that have had an effect on that section and its everyday meaning.

These annotations are, sometimes, extensive and in some cases ridiculously so. Example: After quoting just the first sentence from Article One, "All legislative powers herein granted shall be vested in a Congress of the United Satates, which shall consist of a Senate and House of Representitives," there is over 80 pages dealing with decisions by federal courts, classes of decisions, the effects of these decisions, challenges, and the meaning for everyday citizens. EIGHTY PAGES for one sentence. This should have been an indication of things to come. The annotoations for Article One required 374 pages.

It is evident that no single blog post will be sufficient, nor would anything short of something similar to the extensive annotations. It is with this in mind that I decided to give a summary of how the Constitution has been rendered meaningless.

Much of what made the Constitution unique and our government as eduring as it has been is the seperation of powers of the three branches of government. The idea behind this seperation was simple: No one branch would have total or near total authority. The checks and balances built into the government were supposed to prevent the creation, enforcement, and ejudication of the law from being done by one branch, thus preventing conflicts of interest and the creation, essentially, of a dictatorial single branch.

The annotations for Article One begin with this sentence, "The Constitution nowhere contains a express injunction to preserve the boundaries of the three broad powers it grants, nor does it expressly enjoin maintenance of a system of checks and balances."

It goes on citing a series of articles by James Madison where he proclaimed that, "the doctrine (of seperation of powers) did not mean that these departments ought to have no partial agency in, or control over, the acts of each other," but that, "liberty was endangered where the whole power of one is exercised by the same hands which possess the whole power of another." Neither sharply drawn demarcations of boundaries nor appeals to the electorate were sufficient. Instead, the security against concentration of powers "consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachment of the others." Ambition was to counteract ambition.

It was this slight chink in the armor of seperation of powers that has given the federal courts the excuse to render decisions that have, in their entirety, given each branch the power of the other branches where and whenever the court or that branch decides it must weild that power. The doctrine of non-delegation of powers, judicial enforcement of seperation of powers, the expressed limitation on the powers of Congress, State’s Rights, and all other sections of the Constitution have been made either less powerful than intended or outright meaningless by this one corruption of the seperation of powers.

Two of the many court decisions endorsing this corrupted view of seperation of powers are:

McCullough v Maryland 17 U.S. (4 Wheat.) at 407

17 U.S. at 411

17 U.s. at 421

Justice Marshall declared "the power declared by the ‘necessary and proper’ clause embraces all legislative means unless forbidden by the letter and spirit of the Constitution." This refers to the Constitution stating that Congress has the power to make any law "necessary and proper" to carry out its expressed duties. This decision states that any means necessary to pass a law is covered by that "necessary and proper" statement.

American Insurance v Canter 26 U.S. (1 Pet.) 511 (1828)

26 U.S. at 542

26 U.S. at 543

The same Justice Marshall wrote that, "the Constitution confers absolutely on the government of the Union the powers of making war, and treaties; consequently that government possesses the power to acquire territory and from it, the inevitable consequence of the right to govern it." This decision had the effect of granting to the federal government a power it had not been granted by the Constitution, opening the door for more "resultant and inherent powers" to become law.

To summarize, the courts in these decisions have repeatedly ascribed to the federal government powers that do not accord with the doctrines of seperation of powers, expressed limits on Congress, and State’s Rights as are plainly contained within the Constitution.

It seems to me that the Judicial branch, and subsequently the Executive and Legislative branches, lost no time in seeking to gain for itself, and the federal government as a whole, absolute power and sovereignty over the states and the people at every opportunity, going as far as to include in their reasoning corrupted mis-interpretations of the Constitution’s content meant to prohibit just such a gain and growth in the power of the federal government.

Imagine, that if just this single sentence from the Constitution has been so dis-emboweled, what lies in store for the balance of the limits on federal power included in the Constitution. It then becomes no mystery as to how and why our rights, as per the Constitution, seem to be of no accord to Congress, the President, or the courts.

Glenn Flowers

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JEFFERSON ON STATE’S RIGHTS

I am enthralled with the thought of the states coming to the rescue of our nation. Logic would entitle the creator of a contract or association to have power over its execution and if not content therewith over its destruction. The states, for specific purposes, created a central government, all the time being wary of it possibly gaining too much authority. The delegates wrote into the pact many specific obstructions to such gain of power and believed, as they should have, that they had crossed all the Ts and dotted all the Is.

Not long after the ink had dried on the contract the three branches sought to expand their power and control over those founding states. The first bullet fired was a decision by the Supreme Court that, although there were definite boundaries between the duties and powers of each branch, there was no specific language preventing the crossing of those boundaries. Thus, the seperation of power, which effectively prevented all power from being under the control of a single branch, was sidestepped allowing exactly the kind of conflicting interests present in our government that was originally forbidden.

The second and lethal bullet was fired by Congress. Originally the two houses of Congress were different in their form and their function. The House of Representitives was just that, representitves of the common voting populace elected by the people, being apportioned according to population. The Senate, however, was to be elected by the legislatures of the states and were to be representitives of the state government to the Congress. This allowed for professional legislators to be watchdogs over the federal processes and sound the alarm if Congress attempted to create new powers or rights. They, having experience at the black art of politics, would be better able to recognize such goings on. But, in 1913, Congress passed the 17th ammendment that gave the people the duty of electing senators and, essentially, ridding themselves of any cognizant oversight.

These two actions are, according to Thomas Jefferson and James Madison, illegal at their inception and perpetually invalid. I offer as support of this Jefferson’s two resolutions written on behalf of angered state legislatures for reasons such as I have just described.

  

Draft Declaration and Protest of Virginia 1825

On the Principles of the Constitution of the United States of America,
And on the Violations of them, December 1825

We, the General Assembly of Virginia, on behalf, and in the name of the people thereof, do declare as follows:

The States in North America which confederated to establish their independence of the government of Great Britain, of which Virginia was one, became, on that acquisition, free and independent States, and as such, authorized to constitute governments, each for itself, in such form as it thought best.

They entered into a compact, which is called the Constitution of the United States of America, by which they agreed to unite in a single government as to their relations with each other, and with foreign nations, and as to certain other articles particularly specified. They retained at the same time, each to itself, the other rights of independent government, comprehending mainly their domestic interests.

For the administration of their federal branch, they agreed to appoint, in conjunction, a distinct set of functionaries, legislative, executive, and judiciary, in the manner settled in that compact: while to each, severally, and of course, remained its original right of appointing, each for itself, a separate set of functionaries, legislative, executive, and judiciary, also, for administering the domestic branch of their respective governments.

These two sets of officers, each independent of the other, constitute thus a whole of government, for each State separately; the powers ascribed to the one, as specifically made federal, exercised over the whole, the residuary powers, retained to the other, exercisable exclusively over its particular State, foreign herein, each to the others, as they were before the original compact.

To this construction of government and distribution of its powers, the Commonwealth of Virginia does religiously and affectionately adhere, opposing, with equal fidelity and firmness, the usurpation of either set of functionaries on the rightful powers of the other.

But the federal branch has assumed in some cases, and claimed in others, a right of enlarging its own powers by constructions, inferences, and indefinite deductions from those directly given, which this assembly does declare to be usurpations of the powers retained to the independent branches, mere interpolations into the compact, and direct infractions of it.

They claim, for example, and have commenced the exercise of a right to construct roads, open canals, and effect other internal improvements within the territories and jurisdictions exclusively belonging to the several States, which this assembly does declare has not been given to that branch by the constitutional compact, but remains to each State among its domestic and unalienated powers, exercisable within itself and by its domestic authorities alone.

This assembly does further disavow and declare to be most false and unfounded, the doctrine that the compact, in authorizing its federal branch to lay and collect taxes, duties, imposts and excises to pay the debts and provide for the common defence and general welfare of the United States, has given them thereby a power to do whatever they may think, or pretend, would promote the general welfare, which construction would make that, of itself, a complete government, without limitation of powers; but that the plain sense and obvious meaning were, that they might levy the taxes necessary to provide for the general welfare, by the various acts of power therein specified and delegated to them, and by no others.

Nor is it admitted, as has been said, that the people of these States, by not investing their federal branch with all the means of bettering their condition, have denied to themselves any which may effect that purpose; since, in the distribution of these means they have given to that branch those which belong to its department, and to the States have reserved separately the residue which belong to them separately. And thus by the organization of the two branches taken together, have completely secured the first object of human association, the full improvement of their condition, and reserved to themselves all the faculties of multiplying their own blessings.

Whilst the General Assembly thus declares the rights retained by the States, rights which they have never yielded, and which this State will never voluntarily yield, they do not mean to raise the banner of disaffection, or of separation from their sister States, co-parties with themselves to this compact.

They know and value too highly the blessings of their Union as to foreign nations and questions arising among themselves, to consider every infraction as to be met by actual resistance. They respect too affectionately the opinions of those possessing the same rights under the same instrument, to make every difference of construction a ground of immediate rupture. They would, indeed, consider such a rupture as among the greatest calamities which could befall them; but not the greatest. There is yet one greater, submission to a government of unlimited powers. It is only when the hope of avoiding this shall become absolutely desperate, that further forebearance could not be indulged. Should a majority of the co-parties, therefore, contrary to the expectation and hope of this assembly, prefer, at this time, acquiescence in these assumptions of power by the federal member of the government, we will be patient and suffer much, under the confidence that time, ere it be too late, will prove to them also the bitter consequences in which that usurpation will involve us all. In the meanwhile, we will breast with them, rather than separate from them, every misfortune, save that only of living under a government of unlimited powers. We owe every other sacrifice to ourselves, to our federal brethren, and to the world at large, to pursue with temper and perseverance the great experiment which shall prove that man is capable of living in society, governing itself by laws self-imposed, and securing to its members the enjoyment of life, liberty, property, and peace; and further to show, that even when the government of its choice shall manifest a tendency to degeneracy, we are not at once to despair but that the will and the watchfulness of its sounder parts will reform its aberrations, recall it to original and legitimate principles, and restrain it within the rightful limits of self-government. And these are the objects of this Declaration and Protest.

Supposing then, that it might be for the good of the whole, as some of its co-States seem to think, that the power of making roads and canals should be added to those directly given to the federal branch, as more likely to be systematically and beneficially directed, than by the independent action of the several States, this commonwealth, from respect to these opinions, and a desire of conciliation with its co-States, will consent, in concurrence with them, to make this addition, provided it be done regularly by an amendment of the compact, in the way established by that instrument, and provided also, it be sufficiently guarded against abuses, compromises, and corrupt practices, not only of possible, but of probable occurrence.

And as a further pledge of the sincere and cordial attachment of this commonwealth to the union of the whole, so far as has been consented to by the compact called "The Constitution of the United States of America," constructed according to the plain and ordinary meaning of its language, to the common intendment of the time, and of those who framed it; to give also to all parties and authorities, time for reflection and for consideration, whether, under a temperate view of the possible consequences, and especially of the constant obstructions which an equivocal majority must ever expect to meet, they will still prefer the assumption of this power rather than its acceptance from the free will of their constituents; and to preserve peace in the meanwhile, we proceed to make it the duty of our citizens, until the legislature shall otherwise and ultimately decide, to acquiesce under those acts of the federal branch of our government which we have declared to be usurpations, and against which, in point of right, we do protest as null and void, and never to be quoted as precedents of right.

We therefore do enact, and be it enacted by the General Assembly of Virginia, that all citizens of this commonwealth, and persons and authorities within the same, shall pay full obedience at all times to the acts which may be passed by the Congress of the United States, the object of which shall be the construction of post roads, making canals of navigation, and maintaining the same in any part of the United States, in like manner as if said acts were, totidem verbis, passed by the legislature of this commonwealth.

And now, another one.
 
 
 

Draft of the Kentucky Resolutions --- October, 1798

1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

2. Resolved, That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, and no other crimes whatsoever; 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," therefore the act of Congress, passed on the 14th day of July, 1798, and intitled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the __ day of June, 1798, intitled "An Act to punish frauds committed on the bank of the United States," (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory.

3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, 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;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:" thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void, and of no force.

4. Resolved, That alien friends are under the jurisdiction and protection of the 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, distinct from their power over citizens. 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 act of the Congress of the United States, passed on the __ day of July, 1798, intituled "An Act concerning aliens," which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.

5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the Constitution from abundant caution, has declared that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808;" that this commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens: that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory: that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.

6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act intituled "An Act concerning aliens," is contrary to the Constitution, one amendment to which has provided that "no person shall be deprived of liberty without due process of law;" and that another having provided that "in all criminal prosecutions the accused shall enjoy the right to public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence," the same act, undertaking to authorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to the provision also of the Constitution, is therefore not law, but utterly void, and of no force: that transferring the power of judging any person, who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides that "the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior;" and that the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that magistrate of the General Government who already possesses all the Executive, and a negative on all legislative powers.

7. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defence and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.

8th. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the legislatures of the several States; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their late federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that the General Government may place any act they think proper on the list of crimes, and punish it themselves whether enumerated or not enumerated by the Constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment, the minority of the same body, the legislatures, judges, governors, and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests, public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a sedition act marked him as its prey: that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood, and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the alien and sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President, and the President of our choice has assented to, and accepted over the friendly strangers to whom the mild spirit of our country and its laws have pledged hospitality and protection: that the men of our choice have more respected the bare suspicions of the President, than the solid right of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.

9th. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.

 

 
 
Mr. Jefferson did have a way with language, did he not?
There can be no doubt as to where this Founder stood on the issue of sovereignty of the states.
 
Being written into the Constitution, though, seemed to be the bone tossed into the fenced dog, a challenge to find a way to defeat the purpose of the Constitution.
Our present administration, or what has been elected as such, has given up even the attempt to mask their illegalities, knowing that, so far, history is on their side.
We need to bend history a bit and demand our state officials be more like Mr. Jefferson than Obama.

Write your state officials or send them this blog. Insist they participate in the Patrick Henry Caucus of state legislatures.

 
 
Glenn Flowers
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MYTHS ABOUT THE CONSTITUTION

There are many false concepts that people have regarding the Constitution, its creation, and its effect on the United States and the people. I intend to address four of the more popular myths. Legal and historic authoritative references available by request.

 

Myth No One:

The Constitution was created in a constitutional convention convened to revise the Articles of Confederation. It is said that the delegates exceeded their powers and scrapped the Art. Of Conf., created the Constitution, and forced it on the states to ratify, which was not what they were authorized to do.

Truth about Myth No. One

The thirteen colonies decided, in a meeting of delegates in Philadelphia, 1774, that there were reasons to form an alliance between themselves that would set up rules and policies by which the states would interact with one another. Benjamin Franklin was tasked with authoring the rules, and in May of 1775, he presented his work, The Articles of Confederation and Perpetual Union, to delegates of the several colonies of New Hampshire, and the other colonies, in general Congress in Philadelphia.

There were thirteen articles of about four pages total, that addressed such subjects as the name of the new confederation, what states were included and for what purpose, how the articles would be carried out, the duties and power that the articles created for the confederation, who would pay for the cost of implementing the articles, certain restrictions that applied to all the states, how the articles were to be revised or ammended, etc.

The Articles were voted on and were unanimously adopted by those states that were represented. The name of the new confederation was "The United Colonies of North America."

Two years later, at the request of the delegates of several of the colonies, the Articles were revised to a) change the name of the confederation to "The United States of America", b) provide more detail to the thirteen articles as they saw necessary, and c) provide for the establishment of a navy and army. The extra details were considerable in their content and increased the document by more than twice its size, to nine or ten pages, depending on the formatting. Mr. Franklin, again, produced an effective, well written revision and the new articles were, again, passed unanimously by all states.

These articles, the conventions and delegates it required, and the work it accomplished with a navy, army, post office, etc., was the extent of the central government for the next nine years. During that time, new flaws and inadequacies were discovered in the articles and documented, not being due to any defficiency by Dr. Franklin in their creation. The shortcomings were in the nature of duties required by the articles, (army, navy, etc.) were billed to the states for payment, but there was no requirement for the states to pay. Also, some of the duties required, weights and measures, embassies, treaties with Indian nations, etc., required more authority for their implementation than was given to the Confederation by the Articles.

In early 1786, in congress assembled, the confederation delegates resolved that a new committee of delegates from the states would meet in Annapolis in September of that year to determine what revisions were needed to remedy the defects in the articles.

On September 11, delegates from only five states met in Annapolis. They elected a chairman, presented their credentials to each other, and then discussed the duties that would be proper under their circumstances. A committee was selected to prepare a letter of report to be made to the legislatures of those states having delegates in attendance.

In summary, the delegates refused to undertake the duties they had been sent to perform because the representation was so inadequate that no decision made could be approved as only five of the thirteen states sent delegates.

They did offer the opinion of those delegates who attended that a) this was a very important cause and the other states should be convinced to send delegates, b) that the revisions needed were to be extensive if they were to cure the defects, and c) that the full Congress should also receive a copy of this letter so they would know the extreme gravity of the situation.

In May, 1787, the Congress convened in Philadelphia to take up this matter. It was decided by the Congress that a full constitutional convention, separate from Congress, should be called and the matter of the remedy of defects in the Confederation be their sole purpose. The convention president was to be George Washington, and was convened immediately. In September of that year they produced their proposal for the remedies sought. It took the form of the Constitution of the United States, a new document, that was sent to all the states where a convention of delegates chosen by the legislatures would consider the ratification of the new document, and when nine of the thirteen states had approved it, it would be effective.

In June, 1788, New Hampshire became the ninth state to ratify the Constitution making it the law of the land. In March, 1789, the first Congress under the new Constitution convened in New York. In April, George Washington became the first President of the United States.

There was no exceeding of authority by the Annapolis committee, or the convention that produced the Constitution. The Arts. Of Conf. had been created by the states, and the states had the right to revise or replace them as they saw necessary. Also, before the Constitution became law, the states had to vote on it and nine of the thirteen were needed to adopt it. They did, and it was. All legal, within the rights and authority of the creators, and no exeeding of authority was committed.

The most notable promoter of Myth No. One is the John Birch Society who opposes the call for an Art. Five Convention for proposing ammendments by delegates from the states. Only Congress has ever ammended the Constitution, but Art Five states that delegates from the states are allowed to ammend in a convention called by Congress when enough states apply for it. Congress has ignored all applications, over 600, ever submitted by the states.


Myth No. Two

That the Constitution was created for the purpose of defining and guaranteeing the rights of the People of the USA.


Truth about Myth No. Two

The Constitution is the document that created the federal government. It replaced the inadequate Articles of Confederation and established a complete central government.

The Constitution was written by a convention of delegates from twelve of the thirteen states, (Rhode Island never attended) and was a listing of powers granted to the fed. government by the states, a listing of specific prohibitions of power not granted, the rules of how the new government would be formed, how they would conduct their business as specified, the powers of authority where it would over rule state laws and where states would retain their authority, and a statement as to why the document was being created and by whom.

It was not written as a document to the people of the USA, did not ever specifically address the people directly, but was, instead, written BY the people for the purpose of forming a more perfect union of states than the Arts. Of Conf. had been.

So, the purpose was to form the federal government. In doing that, it specifically listed the seventeen jobs the new gov’t. was to do, what powers it was given to do those jobs, stated that any power not specifically granted by the states to the fed. gov’t. were to remain the power of the states, and that the states, being the creators of the new gov’t., were the ultimate authorities in the USA and the fed gov’t. was the servant of the states and the people.

In the listing of powers granted and those which were restricted under any circumstance, the rights of the people were defined and their violation or even revision by the fed. gov’t. was strictly prohibited. The new federal government was not allowed to have any authority over the rights of the people. PERIOD!! The fed govt’s relationship was with the state governments, in service to the people, and the states were to remain the ultimate authority, except where designated in the Constitution.

 

Myth No Three:

That the Constitution demands there be no interaction between churches and the government, in other words, a seperation of church and state.

Truth about Myth No Three:

The words, "seperation of church and state" do not appear anywhere in the Constitution or in any legal document of the United States. The very idea of that phrase is not ever defined or implied. What is written about churches in the Cosnstitution is the prohibition of Congress to make ANY laws regarding religion or the establishment of religion.

It is illegal for the USA to have any law that has anything to do with religion. PERIOD. NO LAWS OF ANY KIND ABOUT RELIGION.

This prohibition is found in the first ammendment to the Constitution, and is just one of five rights in the first ammendment that Congress was prohibited from dealing with in any way. In other words, "Congress, you have your orders for your jobs and they do not include anything at all about these five rights. You have no authority where these matters are concerned."

In England, King Henry VIII established the Church of England, and demanded all British subjects be members thereof, and of no other church, including the Catholic Church. This was one reason some colonists left England, and they made it impossible for the new federal government to do the same in America.

But, nowhwere was there any law or suggestion that churches and religion could not influence or be officials of the federal government. In fact, John Adams said that the new government needed the wisdom and religious conviction of church members and even their ministers to influence the government in a good and Godly manner.

Religion MUST have a part in government. Government must NOT have any part in religion.

 

Myth No Four:

The people have a Constitutional right to privacy.


The Truth about Myth No Four:

Nowhere in the Constitution or US legal documents is there a right to privacy. The only things in the Constitution that comes close are a) the Third Ammendment prohibition of the government to house soldiers in private homes and b) the Fourth Ammendment prohibition against search and seizure of homes or property without a warrant issued with probable cause by a judge.

Nowhere is there a specific, individually declared right of citizens to privacy. The right for people to be secure in their homes is implied, but against illegal searches or seizures of property. The government leaves it to the individual to provide for his own privacy, but does not guarantee him the right to that privacy. They, also, do not forbid privacy, so, they leave that subject alone, as they should all subjects except their expressed duties.

Glenn Flowers

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THE CONSTITUTION: STILL STATE OF THE ART GOVERNENCE

All craftsmen, scientists, even writers will tell you that the tools used in their endeavors are of the utmost importance. Mechanics are of one voice when preferring a socket of the right size over an end wrench, or an offset boxend to an open end, an open end to slip joint pliers, and so forth. An orthopedic surgeon sporting a surgical kit circa 1865 will be citicized, and rightly so, by his peers using orthroscopes, lasers, and CCTV.

In some instances, the tools of decades ago are still the preferred and technically superior choice over newer, less proven devices. A 1940 era cutting torch is essential to metal workers and has not seen much improvement as none has been needed. A twenty pound sledge hammer is still the state of the art in creating reltively small holes in stucco.

It is understood that newer, more efficient tools have been created out of necessity and convenience. But when a tool is efficient, and no tool has been created that will serve the purpose as well, the original is still the state of the art and the choice of the wise.

Throughout human history, men have sought a process of governing society that would provide just what was needed, prevent what was not desired, and defended against the common enemy. In most historical episodes, a supreme ruler stepped into the vacuum caused by revolt or succession and dealt out the government he saw beneficial to himself.

Only when geographically isolated by the two great oceans, and determined to not be exploited without benefit to themselves, and with a willingness to die rather than be subjugated, did man put his mind to developing a better tool for societal needs and empower the individual to determine his own fate as he saw it given by the Universal Creator.

The result of this concentration of self determined, idealistic pooling of reason and logic was a union of self governing states, for the common purpose of defense, foreign associations, and various other common needs regulated and limited in its power by a constitutional document of agreement between those states that was so near perfection it has been and remains today, the state of the art in government. No other form of societal regulation has even come close to the immense success of every kind that the Constitution of the United States of America has proven to be.

There have been all sorts of government instituted in many ways, mostly with the proverbial divine supremist at the top, doling out that amount of individuality as seen to be appropriate. There have even been experiments in rule by majority that have failed in their lack of predictability of future influences and demands. But never, in all of recorded time has there been anything approaching the Constitution for its ability to create happiness, wealth, influence, respect, and peace for its citizens.

So why, when, after 230 plus years of unrivaled success, nothing else having been proven more efficient, do some of the citizens benefitting from that successful nation insist that they must change the tool that has served so well and experiment with forms of government that have failed, not once but everytime they were used. And not only have they proven inefficient to the point of failure, most times they have been outright destructive to incentive, personal freedom, economy, and the general well being of those governed, fomenting discontent, dissent, and rebellion of the most violent kind. Murder, usurpation, enslavement, war, and revolt have been the common product of such experimentation, the best being anarchy and, again, a supreme, divine benevolent dictator stepping in to deliver His subjects from their self inflicted misery and ignorance.

If there had been developed a simple, single step process of turning lead into gold, and no simpler method devised in a millineum, would we abandon that goose, lop off its head for roasting, and search for a better way? If immortality had been found at a fountain of cold spring thaw, would we water our fields with it while looking for a simpler way than to drink thereof? I say no, and no again. I say hell no, not on my watch!

That that law which hath raised a nation to global prominence, providing a dream for all other nations to strive for, making that nation the envy of all sentient humanity should be abandoned for the wild expectation of a more perfect perfection is blasphemy of the divinity which instilled that freedom yearning in all humanity. I say over my dead and rotting corpse if I hold any sway. And, with the promise of that constitution I, and those of same mind, do hold sway, by right of birth.

It is the flight of fancy, the false pursuit of divinity of self that causes such rabid desire in men as to inspire the wanton destruction of that which guaranteed their security and liberty to be able to dream peaceably at all. It is overwhelming greed and lack of confidence in fellow men that infests the soul of those wishing to de-evolve through the abandonement of man’s best product for the governmental process.

The truth is the Constitution is without peer, unrivaled in its efficiency, inherently successful, and in no need of improvement, arbitrary change, or major revamping. So, why not depend on it until a better device be invented. Only a fool would offer argument to that decision. Fools, we are become aware, are plentiful. Wise men, not so much.

Long live the Constitution! Long live America! God bless America.

Glenn Flowers

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CONSERVATISM: WHAT IS IT, EXACTLY?

There is a lot of talk about the Republican Party and what it needs to do to become more effective at winning elections. There are those who say the party needs to abandon the right wing and adopt a more centered philosophy in order to attract moderates and conservative democrats and, thereby, be more competitive in campaigns.

Then again, those conservatives who are the right wing of the party know that historically, when the Republican Party runs a true Conservative and supports him, the party wins everytime.

A true Conservative believes and is defined by the following…

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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."

And …

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

Conservatives also are known for their fearce belief in and defense of…

"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."

Another ideal of true Conservatism is…

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 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."

Essential to being a Conservative …

"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence."

Elementary, as I said, and while not a complete list of Conservative ideals, it gives you a very succinct portrait of the mindset of ALL Conservatives who have ever lived. There are, of course, accompanying these already described, many other intelocking and accomodating values, limitations, and allowances that form the detailed, highly efficient set of systems and procedures known as Conservatism, Americanism, Constitutionalism, patriotism, wisdom, perfection, etc.

If anyone has any doubt in their mind about these core values, if they have questions as to their ability to support any of these, they are not a TRUE Conservative. If you find any or all of these ideas offensive, obsolete, arrogant, invalid, or impossible, you are definitely NOT a patriot, a true American, or, very smart at all. That is self-evident. Just don’t ever try to change America to what you think it should be, because it already IS what it should be, and it is not only illegal to try to change these truthful values and laws to mean something else, it can be very hazardous to your health.

These basic building blocks of the Conservative foundation existed long before anyone ever thought of calling themselves a Conservative. They and their partners in type have defined that label from its adoption. And they, with their accompanying articles, ammendments, sections, and clauses, always will be the basic platform, the defining beliefs of all true Conservatives for perpetuity. I can vow to the truth of that.

Glenn Flowers

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RESOLUTION ADDRESS BY OATH KEEPERS TO CONGRESS

The following resolution has been drafted by Oath Keepers and will be sent to all members of Congress and the legislatures of all of the several states. The original, reprinted here, can be found at...

 
 
[DRAFT] RESOLUTION ADDRESS OF OATH KEEPERS, APRIL 19, 2009, LEXINGTON GREEN
19 April 2009

To the honorable members of the Senate and House of Representatives, and to the honorable Secretaries of the Army, Navy, Air Force, and Marine Corps, of the United States of America, in their separate capacities of our brothers and sisters in the public trust, of our own public servants, and of our fellow citizens, respectively, Greetings.

We, a collection of your fellow Americans — [including active duty military service members, current serving police, veterans, and other] public servants and private citizens—, united by sworn oaths to support and defend the Constitution of the United States, against all enemies, foreign and domestic, having voluntarily associated under the style of Oath Keepers, are met on Lexington Green on the 234th anniversary of that fateful day when better and truer men than ourselves, by their martial exertions and by their fidelity to Law and Liberty, forever consecrated this ground.

We note with soberness that now, as then, our beloved Country confronts a profound and deepening crisis. Now, as then, that crisis is brought on chiefly by a long train of abuses and usurpations on the part of our public officers, who have come to habitually violate the oaths, on condition of which they hold their offices.

We note, however, that this long-continued and gross infidelity on the part of others is only the proximate cause of our present, common American distress. We confess that now, unlike then, we ourselves may be complicit in the official lawlessness that is becoming general in all three branches, and at both levels, of our governments. We ourselves, in the orders that we have issued or carried out—either as officers or men of the standing National Armed Forces of our Republic, or as executive officers of our several States—; or in the statutes whose passage we have furthered—as members of our respective State Legislatures—, may have too little marked the bounds set by the Constitution that we swore to uphold. Moreover, we ourselves—in our original capacity of citizens—may, with our fellow citizens, have been too little vigilant in superintending the actions of our increasingly errant public servants. If so, we acknowledge our general and particular faults before God, before our sovereign masters and fellow citizens, and before our families and posterity. Yet, bold to hope that Nature’s God is still a God of Mercy, we humbly pray for His pardon, and for time to make amends and avert the consequences of our dereliction.

We note that, at earlier times of similarly grave crisis, previous generations of Americans have mustered on Lexington Green, have pledged anew their official and private fidelity to the Constitution of the United States, and, in so doing, have rediscovered the path of escape from foreign intrigue, from domestic tyranny, and from disunion and lawlessness.

We note that, in 1798, foreign intrigue had gone far to sow mutual suspicion and discord among fellow Americans, and aimed at the dissolution of our Union, while an imperious foreign power threatened to invade our shores. In that hour of crisis, the several Brigades of the Third Division of the Militia of Massachusetts mustered in their turns on the Green where their fathers had fought before. Their officers publicly renewed their oaths to the Constitution of the United States. They thereupon directed unanimous patriotic addresses to the President of the United States, announcing the public renewal of their oaths, and assuring him of their fidelity to their sworn duty. In his reply to the officers of the First Brigade, Third Division, Militia of Massachusetts, then President John Adams noted with grateful and confident satisfaction that:

"Oaths in this country are as yet universally considered as sacred obligations. That which you have taken and so solemnly repeated on that venerable spot, is an ample pledge of your sincerity and devotion to your country and its government."

Unlike those ancient oath keepers, we are mustered this day in voluntary association, rather than in an official public capacity. Indeed, we confess with shame that, having with our fellow citizens utterly neglected for a century to attend to those militia institutions, for the perpetuation of which our Constitution so ably provides, and which, alone among all our constitutional institutions, it characterizes as necessary to the security of a free state, we are quite unprepared on this day to muster in our several regiments, brigades, and divisions in the particular official capacities most appropriate to the crisis at hand.

Nevertheless, we note that many of our number do now serve, on condition of oaths to support and defend the Constitution of the United States, in our several offices or stations in the Armed Forces of the United States, [as police officers], or in the executive branches or Legislatures of our respective States. Most of those among us who do not now so stand in the public trust have so served in the past, on condition of similar oaths, which, if no longer enforceable against them by explicit law, yet make their moral force felt upon their American hearts today.

We are pleased to announce to you that we have this day, on this hallowed ground and on this sacred anniversary, publicly and solemnly renewed the oaths required of us by the command of Article VI, Clause 3, of the Constitution of the United States. We have done so in the several forms which, according to our particular offices, the relevant Federal and State statutes prescribe, or, in the case of those no longer standing in the public trust, in the form of the following general oath:

I, ___________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States of America, against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same, and that I take this obligation freely, without any mental reservation or purpose of evasion, [pledging my life, my fortune, and my sacred honor]. So help me, God.

As a testament of the earnestness of our oaths, as evidence that, in our own hearts, at least, oaths are as yet universally considered as sacred obligations, those among us who hold executive offices or stations at the Federal or State level have in counsel together identified ten unlawful orders which either ignorant, careless, or corrupted superior officers may conceivably issue to us in the future, which we cannot, consistent with the required oath to defend the Constitution of the United States, lawfully fulfill, and which—we have mutually and publicly pledged to each other this day—while we yet hold the public trust on condition of that oath, we will not attempt or pretend to fulfill, namely:

1. We will NOT obey orders to disarm the American people.
2. We will NOT obey orders to conduct warrantless searches of the American people.
3. We will NOT obey orders to detain American citizens as "unlawful enemy combatants" or to subject them to military tribunal.
4. We will NOT obey orders to impose martial law or a "state of emergency" on a State.
5. We will NOT obey orders to invade and subjugate any State that asserts its sovereignty.
6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.
7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.
8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to "keep the peace" or to "maintain control."
9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.
10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

As a similar testament to the earnestness of our oaths, those among us who serve as State Legislators, on condition of an oath to support and defend the Constitution of the United States, and the Constitutions of our several States, have publicly and mutually pledged to each other this day that we will introduce and promote the passage of such legislation in our own States as shall be consistent with our national and our State Constitutions and as we shall find best calculated to discountenance, to thwart the force of, and to protect the lives, liberties, and properties of our fellow State citizens against, all manner of unlawful Federal executive, legislative, and judicial usurpation and lawlessness, that we will, by our sacred votes, attempt to prevent the further passage in our own States of such unlawful statutes as encourage or facilitate such Federal usurpation and lawlessness, and that we will, by our votes, seek to repeal in our own States such existing unlawful statutes as do now encourage or facilitate such Federal usurpation and lawlessness.

Finally, as a similar testament to the earnestness of our oaths, those among us who have resumed the stations of private citizens, have publicly and mutually pledged to each other this day that we will do all that pertains to our rightful station to more vigilantly superintend our public servants in all three branches and at both levels of our governments, to require of them that fidelity to their lawfully required oaths that is the condition of their offices, and that we will encourage our fellow citizens to likewise exercise a more vigilant and firm surperintendence of the public servants for whose lawful or lawless acts we bear, by the mutual covenant of our Constitutions, an ultimate responsibility before God, before each other, and before our posterity.

Having now publicly renewed our lawfully required oaths, and in directing to you this our unanimous patriotic address, we urge you, the honorable members of the House of Representatives and the Senate of the United States of America, to return to a conscientious faithfulness to your own oaths, to desist from passing statutes that presume to usurp powers not granted to the Congress, or the exercise of which is specifically proscribed to them, by the People of the United States in their Constitution, and to begin the task of repealing, with all deliberate care, those decades of lawless statutes that now profane our statute books.

We urge you, the honorable Secretaries of the Army, Navy, Air Force, and Marine Corps to examine your own official acts and to pledge anew your own fidelity to the oaths, on condition of which you hold your offices. While we cannot presume to direct, we urge you, in your official capacities, in pursuance of your lawful duty to see to the lawful execution of duty by those under your authority, to challenge the uniformed members of your respective Services to publicly renew their own oaths on the anniversaries of the inception of your respective Services, on the anniversaries of signal battles, or on other appropriate occasions, and to earnestly encourage such members to acquaint themselves with the peerless genius manifest by their sovereign masters, the American People, in their Constitutional distribution of the powers of war and peace between the Executive and Legislature of their National government and between the National and State levels of their compound Republic; to study the weighty principles of justice, statecraft, and history’s wisdom that undergird this singular Constitutional architecture; to reflect on the incalculable blessings of unexampled liberty and independence that have accrued to their fathers from the lawful observance of these strictures, as well as on the incalculable losses of liberty and the dangers to their Union and Independence that, by every ambitious or careless violation of the same strictures now threaten their country and fellow citizens; to examine the fidelity which they have hitherto borne to their oaths and; to resolve on greater faithfulness to the Constitution’s commands in the future.

Brothers and Sisters in the Public Trust, Our own Public Servants, Fellow Citizens: We remind you, as we remind ourselves, of the truth that Father Jefferson spoke to similarly errant public servants in a previous day, namely, in his Summary View of the Rights of British America:

"The great principles of right and wrong are legible to every reader; to pursue them requires not the aid of many counsellors. The whole art of government consists in the art of being honest."

To be faithful to a sworn oath is but to be honest. To be less than faithful to that oath is to perjure oneself, and to invite the punishment of that God whose name one has invoked in first swearing it. We resolve to be faithful. We urge you to a like fidelity.

Adopted by unanimous consent by the OATH KEEPERS assembled on Lexington Green, Massachusetts, on the 19th of April in the Year of Our Lord Two Thousand and Nine and of the Independence of the United States of America the two hundred and thirty-third.
 
 
 
 
Nothing further need be said by me.
Glenn Flowers
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