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The difference between an executive order and a Presidential Proclamation?
Organic Documents So what is the difference between an executive order and a Presidential Proclamation. U.S. Code does not define either. What is the official dictionary of the U.S. Government?
Posted by editor on Saturday, January 30 @ 14:39:30 MST (967 reads)
(Read More... | Score: 0)




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Meaning of "High Crimes and Misdemeanors"
Organic Documents Meaning of "High Crimes and Misdemeanors"

Meaning of "High Crimes and Misdemeanors"

by Jon Roland, Constitution Society

The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, "Treason, Bribery, or other high Crimes and Misdemeanors". I have carefully researched the origin of the phrase "high crimes and misdemeanors" and its meaning to the Framers, and found that the key to understanding it is the word "high". It does not mean "more serious". It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons.

Under the English common law tradition, crimes were defined through a legacy of court proceedings and decisions that punished offenses not because they were prohibited by statutes, but because they offended the sense of justice of the people and the court. Whether an offense could qualify as punishable depended largely on the obligations of the offender, and the obligations of a person holding a high position meant that some actions, or inactions, could be punishable if he did them, even though they would not be if done by an ordinary person.

 

Offenses of this kind survive today in the Uniform Code of Military Justice. It recognizes as punishable offenses such things as refusal to obey orders, abuse of authority, dereliction of duty, moral turpitude, and conduct unbecoming. These would not be offenses if committed by a civilian with no official position, but they are offenses which bear on the subject's fitness for the duties he holds, which he is bound by oath or affirmation to perform.

Perjury is usually defined as "lying under oath". That is not quite right. The original meaning was "violation of one's oath (or affirmation)".

The word "perjury" is usually defined today as "lying under oath about a material matter", but that is not its original or complete meaning, which is "violation of an oath". We can see this by consulting the original Latin from which the term comes. From An Elementary Latin Dictionary, by Charlton T. Lewis (1895), Note that the letter "j" is the letter "i" in Latin.

periurium, i, n,, a false oath, perjury.

periurus, adj., oath-breaking, false to vows, perjured. iuro, avi, atus, are, to swear, take an oath.

iurator, oris, m., a swearer.

iuratus, adj., sworn under oath, bound by an oath.

ius, iuris, that which is binding, right, justice, duty.

per, ... IV. Of means or manner, through, by, by means of, ... under pretense of, by the pretext of, ....

By Art. II Sec. 1 Cl. 8, the president must swear: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." He is bound by this oath in all matters until he leaves office. No additional oath is needed to bind him to tell the truth in anything he says, as telling the truth is pursuant to all matters except perhaps those relating to national security. Any public statement is perjury if it is a lie, and not necessary to deceive an enemy.

When a person takes an oath (or affirmation) before giving testimony, he is assuming the role of an official, that of "witness under oath", for the duration of his testimony. That official position entails a special obligation to tell the truth, the whole truth, and nothing but the truth, and in that capacity, one is punishable in a way he would not be as an ordinary person not under oath. Therefore, perjury is a high crime.

An official such as the president does not need to take a special oath to become subject to the penalties of perjury. He took an oath, by Art. II Sec. 1 Cl. 8, to "faithfully execute the Office of President of the United States" and to "preserve, protect and defend the Constitution of the United States" to the best of his ability. While he holds that office, he is always under oath, and lying at any time constitutes perjury if it is not justified for national security.

Independent Counsel Kenneth Starr erred in presenting in his referral only those offenses which could be "laid at the feet" of the president. He functioned like a prosecutor of an offense against criminal statutes that apply to ordinary persons and are provable by the standards of "proof beyond a reasonable doubt". That is not to say that such offenses are not also high crimes or misdemeanors when committed by an official bound by oath. Most such offenses are. But "high crimes and misdemeanors" also includes other offenses, applicable only to a public official, for which the standard is "preponderance of evidence". Holding a particular office of trust is not a right, but a privilege, and removal from such office is not a punishment. Disablement of the right to hold any office in the future would be a punishment, and therefore the standards of "proof beyond a reasonable doubt" would apply before that ruling could be imposed by the Senate.

It should be noted, however, that when an offense against a statute is also a "high crime or misdemeanor", it may be, and usually is, referred to by a different name, when considered as such. Thus, an offense like "obstruction of justice" or "subornation of perjury" may become "abuse of authority" when done by an official bound by oath. As such it would be grounds for impeachment and removal from office, but would be punishable by its statutory name once the official is out of office.

An executive official is ultimately responsible for any failures of his subordinates and for their violations of the oath he and they took, which means violations of the Constitution and the rights of persons. It is not necessary to be able to prove that such failures or violations occurred at his instigation or with his knowledge, to be able, in Starr's words, to "lay them at the feet" of the president. It is sufficient to show, on the preponderance of evidence, that the president was aware of misconduct on the part of his subordinates, or should have been, and failed to do all he could to remedy the misconduct, including termination and prosecution of the subordinates and compensation for the victims or their heirs. The president's subordinates include everyone in the executive branch, and their agents and contractors. It is not limited to those over whom he has direct supervision. He is not protected by "plausible deniability". He is legally responsible for everything that everyone in the executive branch is doing.

Therefore, the appropriate subject matter for an impeachment and removal proceeding is the full range of offenses against the Constitution and against the rights of persons committed by subordinate officials and their agents which have not been adequately investigated or remedied. The massacre at Waco, the assault at Ruby Ridge, and many, many other illegal or excessive assaults by federal agents, and the failure of the president to take action against the offenders, is more than enough to justify impeachment and removal from office on grounds of dereliction of duty. To these we could add the many suspicious incidents that indicate covered up crimes by federal agents, including the suspicious deaths of persons suspected of being knowledgeable of wrongdoing by the president or others in the executive branch, or its contractors.

The impeachment and removal process should be a debate on the entire field of proven and suspected misconduct by federal officials and agents under this president, and if judged to have been excessive by reasonable standards, to be grounds for removal, even if direct complicity cannot be shown.

Posted by editor on Monday, October 05 @ 04:19:01 MST (1229 reads)
(Read More... | Score: 0)




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Pictures of a President-for-Life that should haunt you
Organic Documents Imagesw of aPresident for life

They say One Picture is worth a 1000 words

In the Image Another African President for Life

Images of a President-For-Life

That should

 Haunt You

And Just in Case You Missed It:

The Congress shall have power . . . [T]o establish an uniform rule of naturalization . . . . U.S. Constitution U.S. Con. Art. 1, § 8 (1789)

It appears that the Sunni moslem field hand that lives in the White House has.

When the field hand says we will stop exceeding his authority  when Congress passes a law addressing the naturalization process, which immigration is a part of, well Congress did and as did the people of this nation did and its called the Constitution.  Its that simple.  And when Congress [its members (MOC)] fails to address the filed hand's exceeding his power time and time again via impeachment the people who return these same members of Congress to Congress it would appear the people are yielding to the field hand.  The people have spoken via the ballot box.  If the MOC are not yielding to their constituent's wishes, and again this is a ballot box issue. 

 

 

 

 

 

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Posted by editor on Saturday, November 22 @ 05:50:58 MST (1764 reads)
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Supreme Court role in the Lord of the Rings?
Organic Documents

The Supreme Court
and The Lord of the Rings
or so says Scalia

 

Justice Antonin Scalia called for balance in interpreting the church-state divide and compared himself to the Lord of the Ringscharacter Frodo Baggins in two public appearances on Wednesday.

In a speech at Colorado Christian University, Scalia said the separation of church and state is fundamental to democracy, but some are misinterpreting the concept, the Denver Post reports.

“There are those who would have us believe that the separation of church and state must mean that God must be driven out of the public forum,” Scalia said. “That is simply not what our Constitution has ever meant.”

In a speech at the University of Colorado in Boulder, Scalia said the Supreme Court isn’t split between liberals and conservatives—but there is a split between originalists (consisting of Justice Clarence Thomas and Scalia) and those who believe in a living Constitution, the Denver Business Journal reports.

“It’s a long, uphill fight to get back to original orthodoxy,” Scalia said. “We have two originalists on the Supreme Court. That’s something. But I feel like Frodo” from J. R. R. Tolkien’s Lord of the Rings series, he said. “We’ll get clobbered in the end, but it’s worth it.”

As Business Insider and Above the Law have noted, this is not the first time Scalia has likened himself to the hobbit who traveled to Mount Doom to destroy the One Ring. In one example, at an American Enterprise Institute event in 2012, he explained his comparison by saying, “The evil eye will get us sooner or later, but it’s worth the fight.”

Scalia also said in the Boulder appearance that he doesn’t make personal attacks on his colleagues, though he will make “vigorous attacks on what they’ve written,” the Daily Camera reports. “That’s the way it ought to be. If what they’ve written seems silly, I say it’s silly,” he said.

Posted by editor on Friday, October 03 @ 03:51:28 MST (2001 reads)
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Ordinary Society and Moral Purpose ~ classic liberalism
Organic Documents

Ordinary Society and Moral Purpose
Law and Moral Purpose

Robert P. George

The obligations and purposes of law and government are to protect public health, safety, and morals, and to advance the general welfare—including, preeminently, protecting people's fundamental rights and basic liberties.

At first blush, this classic formulation (or combination of classic formulations) seems to grant vast and sweeping powers to public authority. Yet, in truth, the general welfare—the common good—requires that government be limited. Government's responsibility is primary when the questions involve defending the nation from attack and subversion, protecting people from physical assaults and various other forms of depredation, and maintaining public order. In other ways, however, its role is subsidiary: to support the work of the families, religious communities, and other institutions of civil society that shoulder the primary burden of forming upright and decent citizens, caring for those in need, encouraging people to meet their responsibilities to one another while also discouraging them from harming themselves or others.

Governmental respect for individual freedom and the autonomy of nongovernmental spheres of authority is, then, a requirement of political morality. Government must not try to run people's lives or usurp the roles and responsibilities of families, religious bodies, and other character- and culture-forming authoritative communities. The usurpation of the just authority of families, religious communities, and other institutions is unjust in principle, often seriously so, and the record of big government in the twentieth century—even when it has not degenerated into vicious totalitarianism—shows that it does little good in the long run and frequently harms those it seeks to help.

Limited government is a key tenet of classic liberalism—the liberalism of people like Madison and -Tocqueville—although today it is regarded as a conservative ideal. In any event, someone who believes in -limited government need not embrace libertarianism. The strict libertarian position, it seems to me, goes much too far in depriving government of even its subsidiary role. It underestimates the importance of maintaining a reasonably healthy moral ecology, especially for the rearing of children, and it misses the legitimate role of government in supporting the nongovernmental -institutions that shoulder the main burden of assisting those in need.

Still, libertarianism responds to certain truths about big government, especially in government's bureaucratic and managerial dimensions. Economic freedom cannot guarantee political liberty and the just autonomy of the -institutions of civil society, but, in the absence of -economic liberty, other honorable personal and institutional freedoms are rarely secure. Moreover, the -concentration of economic power in the hands of -government is something every true friend of civil -liberties should, by now, have learned to fear.

There is an even deeper truth—one going beyond economics—to which libertarianism responds: Law and government exist to protect human persons and secure their well-being. It is not the other way round, as communist and other forms of collectivist ideology suppose. Individuals are not cogs in a social wheel. Stringent norms of political justice forbid persons to be treated as mere servants or instrumentalities of the state. These norms equally exclude the sacrificing of the dignity and rights of persons for the sake of some supposed "greater overall good."

But since we are going back to first principles, we might ask: Why not subordinate the individual to the ends of the collectivity or the state?

Here we see how profound is the mistake of supposing that the principle of limited government is rooted in the denial of moral truth or a putative requirement of governments to refrain from acting on the basis of judgments about moral truth. For our commitment to limited government is itself the fruit of moral conviction—conviction ultimately founded on truths that our nation's founders proclaimed as self-evident: namely "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, and among these are life, liberty, and the pursuit of happiness."

At the foundation is the proposition that each human being possesses a profound, inherent, and equal dignity simply by virtue of his nature as a rational creature—a creature possessing, albeit in limited measure (and in the case of some human beings merely in root or rudimentary form), the Godlike powers of reason and freedom—powers that make possible such human and humanizing phenomena as intellectual inquiry, aesthetic appreciation, respect for self and others, friendship, and love. This great truth of natural law, which is at the heart of our civilizational and civic order, has its theological expression in the biblical teaching that man, unlike the brute animals, is made in the image and likeness of the divine creator and ruler of the universe.

It is critical to bear this great truth in mind. We must not adopt a merely pragmatic understanding or speak only of practical considerations in addressing the pressing issues of our day. Sound positions cannot be -effectively advanced and defended by citizens and statesmen who are unwilling or unable to engage moral arguments.

That is why we should, in my opinion, rededicate ourselves to understanding and making the moral argument for the sanctity of human life in all stages and conditions, and the dignity of marriage as the conjugal union of one man and one woman.

Please do not misunderstand me. I am not saying that practical considerations should or even can be left out of the argument. In a proper understanding of morality, practical considerations are not "merely" practical. The moral case for the reform of unilateral-divorce laws, for example, includes reference to the devastating, poverty-inducing, crime-promoting social consequences of the collapse of a healthy marriage culture and the role of unilateral divorce in contributing to the collapse. The moral argument for restoring legal protection to the unborn includes reference to the adverse psychological and, in some cases, physical consequences of abortion on many women who undergo the procedure.

Our task should be to understand the moral truth and speak it in season and out of season. We will be told by the pure pragmatists that the public is too far gone in moral relativism or even moral delinquency to be reached by moral argument. We will be advised to frame arguments in coded language so as not to scare off the soccer moms or whoever is playing their role in the next election cycle.

All of this must be resisted. We must, to be sure, practice the much-neglected and badly underrated virtue of prudence. But we must have faith that truth is luminously powerful, so that if we bear witness to the truth about, say, marriage and the sanctity of human life—lovingly, civilly, but also passionately and with determination—and if we honor the truth in advancing our positions, then even many of our fellow citizens who now find themselves on the other side of these issues will come around.

To speak of truth frightens some people today. They evidently believe that people who claim to know the truth about anything—and especially about moral matters—are fundamentalists and potential totalitarians. But, as Hadley Arkes has patiently explained, those on the other side of the great debates over social issues such as abortion and marriage make truth claims—moral truth claims—all the time. They assert their positions with no less confidence and no more doubt than one finds in the advocacy of pro-lifers and defenders of conjugal marriage. They proclaim that women have a fundamental right to abortion. They maintain that "love makes a family" and other strong and controversial moral claims. The question, then, is not whether there are truths about such things as the morality of abortion and the nature of marriage; the question in each case is, What is true?

What is centrally and decisively true about human embryos and fetuses is that they are living individuals of the species Homo sapiens—members of the human family—at early stages of their natural development. Each of us was once an embryo, just as each of us was once an adolescent, a child, an infant, and a fetus. Each of us developed from the embryonic into and through the fetal, infant, child, and adolescent stages of our lives, and into adulthood, with his or her distinctness, unity, and identity fully intact. As modern embryology confirms beyond any possibility of doubt, we were never mere parts of our mothers; we were, from the beginning, complete, self-integrating organisms that developed to maturity by a gradual, gapless, and self-directed process.

Our foundational principle of the profound, inherent, and equal dignity of every human being demands that all members of the human family be respected and protected irrespective not only of race, sex, and ethnicity but also of age, size, location, stage of development, and condition of dependency. To exclude anyone from the law's protection is to treat him unjustly.

Of course, politics is the art of the possible. And, as Frederick Douglass reminded us in his tribute to Lincoln, public opinion and other constraints sometimes limit what can be done at the moment to advance any just cause. The pro-life movement has in recent years settled on an incrementalist strategy for protecting nascent human life. So long as incrementalism is not a euphemism for surrender or neglect, it can be entirely honorable. Planting premises in the law whose logic demands, in the end, full respect for all members of the human family can be a valuable thing to do, even where those premises seem modest.

Fully just law would protect all innocent human life. Yet sometimes this is not, or not yet, possible in the concrete political circumstances of the moment. Today, for example, we do not have the political strength to protect human embryos in cryopreservation units that can under prevailing law be destroyed, or donated for research in which they are destroyed to produce stem cells.

The real issue, though, is not the use of cryopreserved embryos produced by in-vitro fertilization. The real issue is the practice of creating human embryos by cloning to be destroyed either in the blastocyst stage (days five to six) or later in gestation. There are not nearly enough cryopreserved embryos for use in the research that scientists wish to perform. If, in fact, embryonic stem cells become usable in therapies to treat major diseases—indeed, even if they prove useful in treating a single major disease type—millions of embryos will be needed in relatively short order. Moreover, in vitro embryos are all products of the genetic lottery. They are not a genetic match to the patient who would be treated. As with vital organ transplantation, this raises the likelihood of rejection and the need for immunosuppression and other medical interventions. Cloning holds out a different possibility: Since the embryonic clone would be a twin of the donor, the rejection problem would probably be very substantially reduced. Cloning has not yet been perfected, but it likely will be. Thus, we face the prospect of human life being manufactured on a massive scale in order to be destroyed in biomedical work.

Stem cells of the sort we now have debates about—those obtained by destroying human embryos in the blastocyst stage—cannot currently be used in therapies and may never prove to be therapeutically useful. Despite the promises of magic cures, these stem cells—whether obtained from in-vitro embryos or from clones—are highly unstable and tend to generate tumors. That helps to explain why there is not a single embryonic stem cell therapy even in stage one of clinical trials. (By contrast, there are a large number of trials in progress—indeed, some have been successfully completed—using nonembryonic cells, such as those obtained harmlessly from umbilical-cord blood, amniotic fluid and placental tissue, bone marrow, and other uncontroversial sources.) Apparently, no one quite knows even how to begin thinking about the extraordinarily complex challenges of stabilizing embryonic cells so that they can be used in therapies.

Legislation in several states, including my home state of New Jersey, proposes to make state funding available for the macabre practice of human fetal farming. It is difficult to imagine a more egregious abuse of governmental power. Congress, however, was persuaded to pass a preemptive ban on the practice, which President Bush signed. This is a fine example of the pro-life movement's looking ahead to problems likely to arise three to five years down the road and acting while public opinion is favorable. Most Americans are horrified by the idea of creating a human life, gestating it, and aborting it to harvest cells and tissues. Even most supporters of abortion are repulsed by this possibility—at least for now. But for those who would like to go down that path, there is always hope that the promise of miracle cures can be used to erode public resistance. Hence the legislation in New Jersey and elsewhere, laying the groundwork for fetal farming.

Posted by editor on Friday, December 06 @ 03:10:28 MST (2224 reads)
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''not going to keep me from going to the Constitution.'':Thomas
Organic Documents

Thomas:

"not going to keep me from going to the Constitution."

NOVEMBER 15, 2013

Joyous Justice Thomas Speaks to Federalist Society

A relaxed and upbeat Supreme Court Justice Clarence Thomas told the Federalist Society Thursday night that he feels "obligated" to state his sometimes unorthodox views of the law, even if they go against precedent.

"If you look like a fool, so what?" he said, adding that his respect for precedent is "not going to keep me from going to the Constitution." His remarks won a standing ovation from the more than 1,300 attendees at the society’s annual dinner at D.C.’s Omni Shoreham Hotel.

Now in his 22nd year as a justice, Thomas said "I feel blessed every day" working as a justice. He even resisted the sentiment expressed by other justices that they need the summer recess to take a break from their colleagues. Thomas said he was in no hurry to leave the company of his fellow court members in the summer, prompting Justice Antonin Scalia to shout from the audience, "I get out of there as soon as I can." Justice Samuel Alito Jr. also attended.

Thomas, 65, offered his observations during an on-stage conversation with Judge Diane Sykes of the U.S. Court of Appeals for the 7th Circuit. She praised Thomas as a "steady and committed originalist," and "a friend of the Federalist Society for so long."

As Sykes asked Thomas about his childhood as well as his tenure on the court, Thomas in his answers portrayed himself as a joyful man at peace with his job and his life. Recalling his first career path that began and ended in a Catholic seminary, Thomas said he has grown to view his current position as "like the priesthood. This is what I was called to do." He said he finds even the most boring cases fascinating, and loves his law clerks like family. Thomas even had positive things to say about his education at Yale Law School, which he used to describe as worthless. "The experience was beneficial to me."

Thomas could not resist a light-hearted swipe at news coverage of the court. When Sykes asked about the increased attention paid by media including SCOTUSblog, Thomas said "I know nothing about any of that." He continued, "I try not to read anything" about court proceedings, "because I was there … That’s hearsay."

Neither Thomas nor Sykes mentioned the protests lodged Wednesday by liberal advocacy groups Common Cause, Alliance for Justice, and U.S. Rep. Louise Slaughter, (D-New York) against their participation in what the groups viewed as a fundraiser for the Federalist Society.

The code of judicial conduct bars federal judges from using the prestige of their office for fundraising purposes. The organizations filed a complaint against Sykes with the 7th Circuit–-the first time they have done so, though they have protested previous appearances by judges at the Federalist Society.

Since the code does not officially apply to the Supreme Court, the groups lodged a protest about Thomas with Chief Justice John Roberts Jr., who did not attend the banquet Thursday night.

Just hours before the banquet, the society issued a statement in response to the protests: "The Federalist Society annual dinner is not a fundraiser. It is a part of our national convention, and we actually lose money on it. That is the case this year, and it has always been the case."

Alliance for Justice and Common Cause fired back that the event is a fundraiser, and the fact that it does not turn a profit is irrelevant. The printed program for the banquet Thursday night thanked several organizations for "their generous support of the 2013 annual dinner," and listed several gold, silver and bronze sponsors. The main "sponsoring law firm" was Gibson, Dunn & Crutcher.


Posted by editor on Sunday, November 17 @ 04:31:07 MST (2349 reads)
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Obama would like the Congress to give him the mantle ''His High Mightiness, the
Organic Documents

Presidency was obviously modeled after the governorship of the individual states.

Yet Obama refuses to follow the common law constrictors of that form of executive power and has chosen to reclaim the power of the throne that existed before the Magna Charta 800+ years ago this coming June [2014].  Obama's reclaimed power is the very power that led to the revolt of the Lords and the First Great Charter.   It seems that Obama would like the Congress to give him the mantle "His High Mightiness, the President of the United States and Protector of their Liberties [this title is explained in the sentence of he last, in the paragraph of the eight below*] ."

Max Farrand in Volume 13 of The Chronicles Of America Series, The Fathers of the Constitution explains:

One whole division of the Constitution has been as yet barely referred to, and it not only presented one of the most perplexing problems which the Convention faced but one of the last to be settled—that providing for an executive. There was a general agreement in the Convention that there should be a separate executive. The opinion also developed quite early that a single executive was better than a plural body, but that was as far as the members could go with any degree of unanimity. At the outset they seemed to have thought that the executive would be dependent upon the legislature, appointed by that body, and therefore more or less subject to its control. But in the course of the proceedings the tendency was to grant greater and greater powers to the executive; in other words, he was becoming a figure of importance. No such office as that of President of the United States was then in existence. It was a new position which they were creating. We have become so accustomed to it that it is difficult for us to hark back to the time when there was no such officer and to realize the difficulties and the fears of the men who were responsible for creating that office.

The presidency was obviously modeled after the governorship of the individual States, and yet the incumbent was to be at the head of the Thirteen States. Rufus King is frequently quoted to the effect that the men of that time had been accustomed to considering themselves subjects of the British king. Even at the time of the Convention there is good evidence to show that some of the members were still agitating the desirability of establishing a monarchy in the United States. It was a common rumor that a son of George III was to be invited to come over, and there is reason to believe that only a few months before the Convention met Prince Henry of Prussia was approached by prominent people in this country to see if he could be induced to accept the headship of the States, that is, to become the king of the United States. The members of the Convention evidently thought that they were establishing something like a monarchy. As Randolph said, the people would see "the form at least of a little monarch," and they did not want him to have despotic powers. When the sessions were over, a lady asked Franklin: "Well, Doctor, what have we got, a republic or a monarchy?" "A republic," replied the doctor, "if you can keep it."

The increase of powers accruing to the executive office necessitated placing a corresponding check upon the exercise of those powers. The obvious method was to render the executive subject to impeachment, and it was also readily agreed that his veto might be overruled by a two-thirds vote of Congress; but some further safeguards were necessary, and the whole question accordingly turned upon the method of his election and the length of his term. In the course of the proceedings of the Convention, at several different times, the members voted in favor of an appointment by the national legislature, but they also voted against it. Once they voted for a system of electors chosen by the State legislatures and twice they voted against such a system. Three times they voted to reconsider the whole question. It is no wonder that Gerry should say: "We seem to be entirely at a loss."

So it came to the end of August, with most of the other matters disposed of and with the patience of the delegates worn out by the long strain of four weeks' close application. During the discussions it had become apparent to every one that an election of the President by the people would give a decided advantage to the large States, so that again there was arising the divergence between the large and small States. In order to hasten matters to a conclusion, this and all other vexing details upon which the Convention could not agree were turned over to a committee made up of a member from each State. It was this committee which pointed the way to a compromise by which the choice of the executive was to be entrusted to electors chosen in each State as its legislature might direct. The electors were to be equal in number to the State's representation in Congress, including both senators and representatives, and in each State they were to meet and to vote for two persons, one of whom should not be an inhabitant of that State. The votes were to be listed and sent to Congress, and the person who had received the greatest number of votes was to be President, provided such a number was a majority of all the electors. In case of a tie the Senate was to choose between the candidates and, if no one had a majority, the Senate was to elect "from the five highest on the list."

This method of voting would have given the large States a decided advantage, of course, in that they would appoint the greater number of electors, but it was not believed that this system would ordinarily result in a majority of votes being cast for one man. Apparently no one anticipated the formation of political parties which would concentrate the votes upon one or another candidate. It was rather expected that in the great majority of cases—"nineteen times in twenty," one of the delegates said—there would be several candidates and that the selection from those candidates would fall to the Senate, in which all the States were equally represented and the small States were in the majority. But since the Senate shared so many powers with the executive, it seemed better to transfer the right of "eventual election" to the House of Representatives, where each State was still to have but one vote. Had this scheme worked as the designers expected, the interests of large States and small States would have been reconciled, since in effect the large States would name the candidates and, "nineteen times in twenty," the small States would choose from among them.

Apparently the question of a third term was never considered by the delegates in the Convention. The chief problem before them was the method of election. If the President was to be chosen by the legislature, he should not be eligible to reelection. On the other hand, if there was to be some form of popular election, an opportunity for reelection was thought to be a desirable incentive to good behavior. Six or seven years was taken as an acceptable length for a single term and four years a convenient tenure if reelection was permitted. It was upon these considerations that the term of four years was eventually agreed upon, with no restriction placed upon reelection.

When it was believed that a satisfactory method of choosing the President had been discovered—and it is interesting to notice the members of the Convention later congratulated themselves that at least this feature of their government was above criticism—it was decided to give still further powers to the President, such as the making of treaties and the appointing of ambassadors and judges, although the advice and consent of the Senate was required, and in the case of treaties two-thirds of the members present must consent.

The presidency was frankly an experiment, the success of which would depend largely upon the first election; yet no one seems to have been anxious about the first choice of chief magistrate, and the reason is not far to seek. From the moment the members agreed that there should be a single executive they also agreed upon the man for the position. Just as Washington had been chosen unanimously to preside over the Convention, so it was generally accepted that he would be the first head of the new state. Such at least was the trend of conversation and even of debate on the floor of the Convention. It indicates something of the conception of the office prevailing at the time that Washington, when he became President, is said to have preferred the title, "His High Mightiness, the President of the United States and Protector of their Liberties."*

The members of the Convention were plainly growing tired and there are evidences of haste in the work of the last few days. There was a tendency to ride rough-shod over those whose temperaments forced them to demand modifications in petty matters. This precipitancy gave rise to considerable dissatisfaction and led several delegates to declare that they would not sign the completed document. But on the whole the sentiment of the Convention was overwhelmingly favorable. Accordingly on Saturday, the 8th of September, a new committee was appointed, to consist of five members, whose duty it was "to revise the stile of and arrange the articles which had been agreed to by the House." The committee was chosen by ballot and was made up exclusively of friends of the new Constitution: Doctor Johnson of Connecticut, Alexander Hamilton, who had returned to Philadelphia to help in finishing the work, Gouverneur Morris, James Madison, and Rufus King. On Wednesday the twelfth, the Committee made its report, the greatest credit for which is probably to be given to Morris, whose powers of expression were so greatly admired. Another day was spent in waiting for the report to be printed. But on Thursday this was ready, and three days were devoted to going over carefully each article and section and giving the finishing touches. By Saturday the work of the Convention was brought to a close, and the Constitution was then ordered to be engrossed. On Monday, the 17th of September, the Convention met for the last time. A few of those present being unwilling to sign, Gouverneur Morris again cleverly devised a form which would make the action appear to be unanimous: "Done in Convention by the unanimous consent of the states present... in witness whereof we have hereunto subscribed our names." Thirty-nine delegates, representing twelve States, then signed the Constitution.

When Charles Biddle of Philadelphia, who was acquainted with most of the members of the Convention, wrote his "Autobiography," which was published in 1802, he declared that for his part he considered the government established by the Constitution to be "the best in the world, and as perfect as any human form of government can be." But he prefaced that declaration with a statement that some of the best informed members of the Federal Convention had told him "they did not believe a single member was perfectly satisfied with the Constitution, but they believed it was the best they could ever agree upon, and that it was infinitely better to have such a one than break up without fixing on some form of government, which I believe at one time it was expected they would have done."

One of the outstanding characteristics of the members of the Federal Convention was their practical sagacity. They had a very definite object before them. No matter how much the members might talk about democracy in theory or about ancient confederacies, when it came to action they did not go outside of their own experience. The Constitution was devised to correct well-known defects and it contained few provisions which had not been tested by practical political experience. Before the Convention met, some of the leading men in the country had prepared lists of the defects which existed in the Articles of Confederation, and in the Constitution practically every one of these defects was corrected and by means which had already been tested in the States and under the Articles of Confederation.

Title: The Fathers of the Constitution

Volume 13 in The Chronicles Of America Series

Author: Max Farrand


Posted by editor on Wednesday, September 25 @ 07:30:58 MST (4572 reads)
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Magna Charta 800 Reals of the Rule of Law
Organic Documents Magna Charta 800 years of the Rule of Law

800 Years Of Protecting Rights

Magna Carta

800 Years of the Rule of Law

Charter of the Common Man

ABA 2015 London Sessions

The ABA will publish Magna Carta and the Rule of Law to commemorate Magna Carta's 800th Anniversary.  

Magna Carta and the Rule of Law is a compilation of essays examining Magna Carta’s influence on yesterday and today based on the most current knowledge and research. 

The book begins with a foreword by former U.S. Supreme Court Justice Sandra Day O’ Connor.

Thereafter distinguished scholars from around the world analyze a host of topics, including the historical background leading up to the Charter, the impact of Magna Carta on the United States, its relationship to civil law, and its importance with respect to the rule of law.

Magna Carta and the Rule of Law includes topics that have not been closely examined before, such as Magna Carta’s relation to women’s rights and its impact on international law.  

One of Magna Carta's most interesting progeny, the Charter of the Forests is also discussed.  

Referred to as the Charter of the Common Man, the Forests Charter disforested significant parts of England thus allowing ordinary citizens access to lands that had been declared to be "forests" by King John and the barons and increased the uses permitted of the remaining forests.  

 

www.magna-carta-book.com/.


Posted by editor on Tuesday, September 24 @ 05:51:50 MST (2132 reads)
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What is a Militia, as Penned to Paper in Virginia Law
Organic Documents What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of Virginia and the US Government

What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of Virginia and the US Government

Mouse over the red coat and click to get in PDF

§ 44-1. Composition of militia. — The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into four classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; the naval militia; and the unorganized militia. (1930, p. 948; 1942, p. 642; Michie Code 1942, § 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399; 1979, c. 647; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.)Virginia Code § 44-1.

§ 44-4. Composition of unorganized militia. — The unorganized militia shall consist of all able-bodied persons as set out in § 44-1, except such as may be included in §§ 44-2, 44-3, and 44-54.6, and except such as may be exempted as hereinafter provided. (1930, p. 949; Michie Code 1942, § 2673(4); 1970, c. 662; 1973, c. 401; 1984, c. 765.) Virginia Code § 44-4.

§ 44-114.1. Orders transmitted to and through the Governor. — All orders from the federal government or any of its officers, agencies or departments to the state militia of Virginia, including the National Guard, the naval militia, and the unorganized militia which relate to the call, induction, drafting of Virginia state troops of any type or description, into the federal service for active duty or otherwise and withdrawing them from the control of the Governor of Virginia shall be first transmitted to and through the Governor of Virginia. The Governor, as commander in chief of the state militia, shall not approve, consent to, or concur in any such order which has not been transmitted as herein required. (1958, c. 540, § 1.) Virginia Code § 44-114.1.

§ 44-115. Custom and usage of United States army, air force and navy; applicability of § 44-40 and Article 4 of this chapter. — All matters relating to the organization, discipline and government of the Virginia National Guard, not otherwise provided for by law or by regulations, shall be decided by the custom and usage of the United States army, air force or navy, as appropriate. In addition, all members of the Virginia Defense Force, the naval militia, and the unorganized militia on state active duty shall be subject to military discipline. Infractions of military discipline shall be punishable under the provisions of § 44-40 and Article 4 (§ 44-42 et seq.) of this chapter. (1930, p. 970; Michie Code 1942, § 2673(100); 1964, c. 227; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.) Virginia Code § 44-115.

Title 44 Military and Emergency Laws

Chap. 1 Military Laws of Virginia, §§ 44-1 — 44-122

Art. 8 Unorganized Militia, §§ 44-85 — 44-90

§ 44-85. Regulations and penalties. — Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard or naval militia. (1930, p. 965; Michie Code 1942, § 2673(71).) Virginia Code § 44-85.

§ 44-86. When ordered out for service. — The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations. (1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.) Virginia Code § 44-86.

§ 44-87. Manner of ordering out for service. — The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft. (1930, p. 965; Michie Code 1942, § 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.) Virginia Code § 44-87.

 

§ 44-88. Incorporation into the Virginia Defense Force. — Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service. (1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. 572, 586.) Virginia Code § 44-88.

§ 44-89. Draft of unorganized militia. — If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same. (1930, p. 965; Michie Code 1942, § 2673(74).) Virginia Code § 44-89.

 

§ 44-90. Punishment for failure to appear. — Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct. (1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.) Virginia Code § 44-90.

Oath of National Guard officers. — Commissioned officers of the National Guard shall take and subscribe to the following oath of office:

"I ____________________ do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Virginia, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the Commonwealth of Virginia; that I make this obligation freely, without mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ________________ in the National Guard of the United States and of the Commonwealth of Virginia, upon which I am about to enter; so help me God." (1930, p. 954; Michie Code 1942, § 2673(22); 1958, c. 393.) Virginia Code § 44-32.

§ 44-32.1. Administration of oaths of office and enlistment. — Any duly commissioned officer or warrant officer of the Virginia National Guard or any commissioned officer of any of the armed services of the United States may administer the oaths of office and enlistment to prospective officers and enlisted personnel desirous of becoming members of the Virginia National Guard and the National Guard of the United States. Any duly commissioned officer of the Virginia Defense Force, when called into service by the Governor, may administer oaths to prospective officers and enlisted personnel desirous of becoming members of the Virginia Defense Force. (1947, p. 143; Michie Suppl. 1948, § 2673(22a); 1958, c. 393; 1979, c. 647; 2011, cc. 572, 586.) Virginia Code § 44-32.1.

§ 44-39. Uniforms, arms and equipment. — The National Guard shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniform, arms, and equipment as are or shall be provided for the armed forces of the United States. (1930, p. 955; Michie Code 1942, § 2673(29); 1958, c. 393.) Virginia Code § 44-39.

§ 44-40.1. Persons subject to the Virginia military laws. — All members of the Virginia National Guard are subject to the military laws of Virginia when under orders to be present for duty under Title 32 of the United States Code or while in a state active duty status. (1976, c. 399; 2011, cc. 572, 586.) Virginia Code § 44-40.1.

§ 44-50. How process and sentence executed. — All processes and sentences of any of the military courts of this Commonwealth shall be executed by any sheriff, deputy sheriff, sergeant, or police officer into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying a prisoner from one county or city in the Commonwealth to another, when the same is authorized and directed by the Adjutant General of the Commonwealth, shall be paid from the military fund of the Commonwealth upon a warrant approved by the Adjutant General. (1930, p. 957; Michie Code 1942, § 2673(40); 1958, c. 393; 1976, c. 399.) Virginia Code § 44-50.

Text in effect from and after July 1, 2011

Title 44 Military and Emergency Laws

Chap. 1 Military Laws of Virginia, §§ 44-1 — 44-122

Art. 4.2 Virginia Defense Force, §§ 44-54.4 — 44-54.12

§ 44-54.6. Members, appointment and enlistment. — The age limitations of § 44-1 to the contrary notwithstanding, the Virginia Defense Force shall consist of:

1. Such volunteers who of their own volition agree to service in conformity with regulations prescribed by the Adjutant General who are (i) residents of the Commonwealth or any contiguous state, (ii) at least 16, provided that any volunteer under the age of 18 shall have the written consent of at least one parent or guardian, and (iii) less than 65 years of age may join the Virginia Defense Force.

2. Such persons of the unorganized militia who may be drafted to fill the force structure of the Virginia Defense Force or who may be ordered out for active duty until released from such service.

The Adjutant General may, on a case-by-case basis, authorize volunteer members of the Virginia Defense Force to be retained beyond age 65 to age 75.

The officers of the Virginia Defense Force shall be appointed by the Governor in conformity with regulations prescribed by the Adjutant General.

Enlisted members shall be enlisted and retained in conformity with regulations prescribed by the Adjutant General. (1989, c. 414; 1996, c. 70; 2011, cc. 572, 586.) Virginia Code § 44-54.6.


Posted by editor on Wednesday, February 20 @ 08:53:33 MST (2982 reads)
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High Crimes
Organic Documents

High Crimes

High crimes and misdemeanors are such immoral and unlawful acts as are nearly allied and equal in guilt to a felony, yet owing to some technical circumstance, do not fall within the definition of "felony." State v. Knapp, 6 Conn. 417, 16 Am. Dec. 68. They are more serious or aggravated misdemeanors; those more nearly allied and equal in guilt to felony, but which to not fall within its definition. Firmara v. Gardner, 86 Conn. 434, 85 A. 670, 672., Black’s Law Dictionary, (4th ed., West 1957, pg. 446).




Posted by Editor on Friday, February 01 @ 12:09:41 MST (2469 reads)
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A Government of Laws, Not Men, John Adams
Organic Documents John Adams: A Government of Laws, Not Men

 

The ability to remove from office our highest official reflects the depth of our commitment to a government of laws, not men and the failure of the US House of Representatives says by their lack of action to curb the usurp of power by Obama and his subordinates that the members of the House do not have a commitment to a government of laws but to that of men.


Posted by Editor on Wednesday, January 30 @ 06:58:59 MST (2253 reads)
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Presidential Executive Order
Organic Documents editor writes "

Question that seems lacks an answer


Where does the President get his authority for [1] executive orders (EOs), [2] issuing EOs that exceed his powers granted to him in the United Sates Constitution [USC] and that exceed the powers granted to the President in the USC?
EOs are not mentioned in the USC.

While they are mentioned 428 times in the US Code [CODE] the CODE cites no authority for their existence/authority.

"
Posted by Editor on Tuesday, January 29 @ 08:40:36 MST (2233 reads)
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. . . this great nation was founded...on the gospel of Jesus Christ!
Organic Documents

Patrick Henry: Speech to the Virginia House of Burgesses, May, 1765

Patrick Henry

"It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians not on religions, but on the gospel of Jesus Christ! For this very reason, peoples of other faiths have been afforded asylum, prosperity, and freedom of worship here."

Posted by annoregni on Wednesday, November 30 @ 16:08:05 MST (2889 reads)
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Alan Keyes: Natural law knows no party
Organic Documents

Alan  Keyes 

Natural law knows no party

Questions are now being raised about whether certain GOP politicians satisfy the Constitution's eligibility requirements for the office of president of the United States. Throughout my own involvement in the controversy over Barack Obama's constitutional eligibility, I have maintained the view that the nub of the issue is respect for the U.S. Constitution. When the words of the Constitution are ignored; when they are twisted this way and that according to a naked calculus of power; when they are shamelessly construed without regard to any standard of reason and common sense; then constitutional government degenerates into a pernicious masquerade. It gives a thin veneer of legitimacy to the age-old lie that might makes right, but it ceases to be an instrument of legitimate government. It becomes instead a means of inducing people quietly to accept the lie that it is just and lawful to be ruled by tyrants so long as they are tyrants chosen by the people themselves.

Once the real point of concern is clarified, it becomes obvious that the essential focal point of the eligibility issue has to do with the meaning of the words "natural born citizen." Questions about Obama's birth certificate are significant only because the Constitution's words set a standard for eligibility that depends on the characteristics of an individual's birth. In particular, the standard requires a natural claim to citizenship rather than one derived from human law or convention.

I believe that this is the main reason why all the subservient elements of the elitist faction have simply refused to acknowledge or discuss the substance of the constitutional requirement. To do so they would have to: a) acknowledge that the U.S. Constitution recognizes and applies as authoritative a standard derived from nature; b) engage in the process of reasoning whereby that authoritative natural standard is applied to human politics; and c) reach a conclusion that applies the natural standard under circumstances in which it cannot be denied that the Constitution recognizes the natural rule or law as a political constraint, even upon the will of an electoral majority of the people.

American judges, lawyers and law schools have for several generations propagated the self-evident lie that the Constitution does not derive from, depend upon or apply any understanding of natural law. But in fact, when structuring the process whereby the people elect the individual who actually wields the quintessential power of government, the Constitution constrains the choice of the people with reference to a natural rule. It does so in words that cannot be understood or applied without thinking through what it means to recognize and apply a standard that draws upon nature's way of doing things.

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Posted by annoregni on Friday, August 26 @ 14:43:19 MST (2771 reads)
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Impasse: It's what the founders designed
Organic Documents

Impasse:  It's what the founders designed

The debate in Washington should be between state governments and the federal government, not between Democrats and Republicans

If Bam, Democrats, Republicans, Members of The Senate or  House find it annoying or inconvenient they should keep in mind that they don't have to be there, the resignation office is open 24/7 

The impasse in Washington witnessed by the world in recent weeks is a good thing.

The philosophical differences between the two political parties have prevented either party from dominating the other.

Instead, the sharp points of difference have been ground blunt by contentious debate to a more palatable fit with both parties.

This is precisely how the government was designed.

The only improvement that could be made is to change the parties to the debate.

The founders were quite aware that these debates between conflicting ideas about the proper role of government filled the legislative chambers in every state. They designed the new federal government to ensure that the conflicting visions of sovereign power would forever be held in balance by forcing the new popularly elected House of Representatives and president of the new federal government to gain approval from the state-appointed Senate for every new law, every appointment to the Supreme Court and to the Cabinet, and for every international treaty.

The debate in Washington should be between state governments and the federal government, not between Democrats and Republicans. The debate between Democrats and Republicans, and other political parties, should be settled at the state level. The states' selection of senators would reflect the choices made by the states. The legislative battles in Washington would still reflect the will of the people, but the states would not only have to be considered, but would have to approve virtually all actions of the federal government. This is the only hope of controlling the growth of power, size and cost of the federal government. This is the system James Madison, George Washington, Ben Franklin and the founders forged from four months of vigorous debate.

This built-in conflict between the states and the new federal government created intense debate that often resulted in impasse where no action was taken. No action is a limitation upon the other side of the debate. That is the function of the design. It worked! For more than 100 years, actions by the new federal government were approved by both the popularly elected House of Representatives and by representatives of the state legislatures in the Senate.

For more than 100 years, the genius of this design prevented any political persuasion from dominating policy and forced all ideas to be considered before the best policy could emerge and gain the support of a majority. During this period, the Constitution was king, and private property rights were sacred. Progress outstripped expectation, and opportunity knocked on every door. Some people, however, failed to find the prosperity that freedom unleashed. Some people believed it unfair that some should prosper while others suffered. Some people believed that government should be the equalizer to ensure that the people who prosper pay the people who didn't.

This idea was advanced by Karl Marx and Friedrich Engels in their 1848 book, "The Communist Manifesto." European immigrants helped to spread this idea in the last half of the 1800s, and by the end of the century the ideas of Marx and Engels were wrapped in the "progressive" label and infused both the Democratic and Republican political parties.

So annoyed were the progressives by the impasse between the state-appointed Senate and the popularly elected House of Representatives, they launched a campaign to rid the government of any participation by the states. William Randolph Hearst devoted his massive media machine to propaganda promising a better government and a better life when the 17th Amendment was ratified.A major split in the Republican Party created Theodore Roosevelt's "Bull Moose Party," which resulted in a Democratic victory for their leading progressive, Woodrow Wilson. Among the many progressive policies ushered in by the Wilson administration was the 17th Amendment, which authorized U.S. senators to be elected by the public instead of by state legislatures.

Since the 17th Amendment was ratified in 1913, the federal government has grown in power, size and cost. It has also grown ever closer to the progressive policies championed by Marx and Engels. These include, for example, Obamacare, progressive income tax that penalizes success, government control and management of land use through the Endangered Species Act, wetland polices, comprehensive land-use planning requirements, and management of the economy through bailouts, takeovers and regulations that mandate fuel mixtures, minimum mileage-per-gallon for cars and prohibition of development of fossil fuel energy.

Individual freedom and private property rights guaranteed by the Constitution are routinely ignored, and even ridiculed. States have absolutely no voice in the federal government and are required to implement policies forced upon them by the federal government.

Just as the progressives took control of the federal government a hundred years ago, Americans who celebrate the Constitution – not Marx and Engel – must rise to retake control of government in this century. The first step toward reclaiming the federal government is the repeal of the 17th Amendment. Then comes the removal of progressives from every office in the land – from the courthouse to the White House. Then comes a return to the opportunity and prosperity offered only by a free market to a free people in a free nation.

 

The impasse in Washington witnessed by the world in recent weeks is a good thing. The philosophical differences between the two political parties have prevented either party from dominating the other. Instead, the sharp points of difference have been ground blunt by contentious debate to a more palatable fit with both parties. This is precisely how the government was designed. The only improvement that could be made is to change the parties to the debate.

The founders were quite aware that these debates between conflicting ideas about the proper role of government filled the legislative chambers in every state. They designed the new federal government to ensure that the conflicting visions of sovereign power would forever be held in balance by forcing the new popularly elected House of Representatives and president of the new federal government to gain approval from the state-appointed Senate for every new law, every appointment to the Supreme Court and to the Cabinet, and for every international treaty.

The debate in Washington should be between state governments and the federal government, not between Democrats and Republicans. The debate between Democrats and Republicans, and other political parties, should be settled at the state level. The states' selection of senators would reflect the choices made by the states. The legislative battles in Washington would still reflect the will of the people, but the states would not only have to be considered, but would have to approve virtually all actions of the federal government. This is the only hope of controlling the growth of power, size and cost of the federal government. This is the system James Madison, George Washington, Ben Franklin and the founders forged from four months of vigorous debate.

This built-in conflict between the states and the new federal government created intense debate that often resulted in impasse where no action was taken. No action is a limitation upon the other side of the debate. That is the function of the design. It worked! For more than 100 years, actions by the new federal government were approved by both the popularly elected House of Representatives and by representatives of the state legislatures in the Senate.

For more than 100 years, the genius of this design prevented any political persuasion from dominating policy and forced all ideas to be considered before the best policy could emerge and gain the support of a majority. During this period, the Constitution was king, and private property rights were sacred. Progress outstripped expectation, and opportunity knocked on every door. Some people, however, failed to find the prosperity that freedom unleashed. Some people believed it unfair that some should prosper while others suffered. Some people believed that government should be the equalizer to ensure that the people who prosper pay the people who didn't.

This idea was advanced by Karl Marx and Friedrich Engels in their 1848 book, "The Communist Manifesto." European immigrants helped to spread this idea in the last half of the 1800s, and by the end of the century the ideas of Marx and Engels were wrapped in the "progressive" label and infused both the Democratic and Republican political parties.

So annoyed were the progressives by the impasse between the state-appointed Senate and the popularly elected House of Representatives, they launched a campaign to rid the government of any participation by the states. William Randolph Hearst devoted his massive media machine to propaganda promising a better government and a better life when the 17th Amendment was ratified.

A major split in the Republican Party created Theodore Roosevelt's "Bull Moose Party," which resulted in a Democratic victory for their leading progressive, Woodrow Wilson. Among the many progressive policies ushered in by the Wilson administration was the 17th Amendment, which authorized U.S. senators to be elected by the public instead of by state legislatures.

Since the 17th Amendment was ratified in 1913, the federal government has grown in power, size and cost. It has also grown ever closer to the progressive policies championed by Marx and Engels. These include, for example, Obamacare, progressive income tax that penalizes success, government control and management of land use through the Endangered Species Act, wetland polices, comprehensive land-use planning requirements, and management of the economy through bailouts, takeovers and regulations that mandate fuel mixtures, minimum mileage-per-gallon for cars and prohibition of development of fossil fuel energy.

Individual freedom and private property rights guaranteed by the Constitution are routinely ignored, and even ridiculed. States have absolutely no voice in the federal government and are required to implement policies forced upon them by the federal government.

Just as the progressives took control of the federal government a hundred years ago, Americans who celebrate the Constitution – not Marx and Engel – must rise to retake control of government in this century. The first step toward reclaiming the federal government is the repeal of the 17th Amendment. Then comes the removal of progressives from every office in the land – from the courthouse to the White House. Then comes a return to the opportunity and prosperity offered only by a free market to a free people in a free nation.

Was this in the

US Marxist Propaganda Media Organs;

New York Times

The Washington Post

L.A. Times

Boston Globe

San Francisco Chronicle

Daily Press

Baltimore Sun

Virginian Pilot

Richmond Times Dispatch

Maybe that is why they are Dying?

Was this on

CNN

MSNBC

ABC

CBS

NBC

FOX

Will it ever be?

 

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Posted by annoregni on Saturday, August 06 @ 15:25:51 MST (2822 reads)
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