Author Archive

Balancing the Budget? Or Adding A National Sales Tax To The Income Tax?

by Publius Huldah on Tuesday, February 11th, 2014

This is article 175 of 182 in the topic US Constitution

The stated purpose of Compact for America, Inc. is to get a balanced budget amendment (BBA) ratified.  Here is their proposed BBA.  State Legislators recently introduced it in Arizona. 1

The gap between what this BBA pretends to do – and what it actually does – is enormous. It has nothing to do with “balancing the budget” – it is about slipping in a new national sales tax or value-added tax in addition to the existing federal income tax.

We have become so shallow that we look no further than a name – if it sounds good, we are all for it.  We hear, “balanced budget amendment”, and think, “I have to balance my budget; they should have to balance theirs.”  So we don’t read the amendment, we just assume they will have to balance theirs the same way we balance ours – by cutting spending.

But that is not what the BBA does.  In effect, it redefines “balancing the budget” to mean spending no more than your income plus the additional debt you incur to finance your spending.  To illustrate:  If your income is $100,000 a year; but you spend $175,000 a year, you “balance” your budget by borrowing the additional $75,000.  See?

Under the BBA, Congress may continue to spend whatever it likes and incur as much new debt as it pleases – as long as 26 States agree.  And since the States have become major consumers of federal funding, who doubts that they can’t continue to be bought?  Federal grants make up almost 35% of the States’ annual budgets!  The States are addicted to federal funds – who thinks they won’t agree to get more money?

The BBA enshrines Debt as a permanent feature of our Country; gives it constitutional approval; does nothing to reduce spending or “balance the budget”; authorizes a new national tax; and wipes out the “enumerated powers” limitation on the federal government.

Let’s look at the BBA, section by section, using plain and honest English.  And then let’s look at how our Framers wrote our Constitution to strictly control federal spending.

Compact for America’s BBA

Section 1 says the federal government may not spend more than they take from you in taxes or add to the national debt. [Yes, you read that right.]

Section 2 accepts debt as a permanent feature of our Country – the “Authorized Debt”. This is the maximum amount of debt the federal government may incur at any given point in time.

  • Initially, when the Amendment is ratified, the “authorized debt” may not be more than 105% of the then existing national debt.  So!  If the national debt is $20 trillion when the Amendment is ratified, the federal government may not initially add more than 105% of    $20 trillion [or $1 trillion] to the national debt.
  • After that initial addition to the national debt, the “authorized debt” may not be increased unless it is approved by State Legislatures as provided in Section 3.

Section 3 says whenever Congress wants, it may increase the national debt if 26 of the State Legislatures agree.  [Yes, you read that right.]

Section 4 says whenever the national debt exceeds 98% of “the debt limit set by Section 2”, the President shall “impound” sufficient expenditures so that the national debt won’t exceed the “authorized debt”.  And if the President doesn’t do this, Congress may impeach him!

1 2 3
Go straight to Post

Propaganda And The Conspiracy against Our Constitution

by Publius Huldah on Friday, February 7th, 2014

This is article 173 of 182 in the topic US Constitution

The “Convention of States” (COS) Frequently Asked Questions (FAQs) page contains 989 words – none of them true – except for these which appear in the first paragraph:

“The federal government is spending this country into the ground … It’s time American citizens took a stand and made a legitimate effort to curb the power … of the federal government.”

In my last paper, I showed how our Constitution itemizes what Congress is authorized to spend money on; and that we have a $17 trillion debt because everyone ignores the limits the Constitution places on Congress’ spending powers.

To curb the federal government, We must do things we have neglected for over 100 years: Reclaim our role as “the natural guardians of the Constitution”; 1 learn our Founding Principles & Documents; enforce them with nullification and by rejecting candidates who don’t know them by heart; stop relying on politicians to handle things; 2 reclaim personal responsibility; and get ready for a rocky road ahead.

But the “convention of states” conspirators 3 say the only solution is a convention to “propose amendments” to the Constitution.  They tell lies about nullification – the one remedy our Framers actually advised when the feds usurp powers. They say our Constitution is the problem. They say it contains “loopholes and vague phraseology” which politicians exploit. They suggest the States are victims of federal tyranny; are the ones to “fix” our Constitution; and that the States call and control the convention.  They say it is impossible for the convention to force a new Constitution down our throats.  But I submit that is precisely what they intend to do.

Jordan Sillars, Communications Director for COS, let the cat out of the bag when he said:

“… 3. I think the majority of Americans are too lazy to elect honest politicians. But I think some men and women could be found who are morally and intellectually capable of re-writing the Constitution” [boldface mine].

Contrary to what the conspirators say, there is no way to stop the convention from “running away”: All the delegates need do is come up with a new Constitution. It can provide for any method of ratification they want.

That is what happened in 1787 when the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. 4 The delegates ignored their instructions and wrote an entirely new Constitution with its own new method of ratification.

The Conspirators’ Campaign of Propaganda against The People

The conspirators’ claims spit in the Face of Facts and Reality.  So how have they been able to convince people to believe their claims; and go along with their destructive scheme?

They are exploiting the ignorance and desperation of The People by manipulating them with propaganda.

1 2 3 4 5 6 7 8
Go straight to Post

The “Convention of States” Scam, the War over the Constitution, and how the States Sold the Reserved Powers to the Feds.

by Publius Huldah on Saturday, December 21st, 2013

This is article 168 of 182 in the topic US Constitution

Our Constitution is a glorious document. This one page chart depicts the Structure of the federal government we created when we ratified our Constitution; and lists the “limited & enumerated powers” we delegated to the federal government over the Country at Large.

In a nutshell, our Constitution authorizes the federal government to handle the following objects for the Country at Large:

  • Military defense, international commerce & relations;
  • Control immigration & naturalization of new citizens;
  • Domestically, to create a uniform commercial system:  weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
  • With some of the amendments, secure certain civil rights.

Basically, that’s it.  As stated in the 10th Amendment, all others powers are reserved by the States or The People.

But for 100 years, almost everyone in our Country has ignored our Constitution.  Thus, instead of restricting spending to the enumerated objects of its powers, the people WE send to Congress spend money on what anybody wants – and so gave us a debt of $17 trillion.  Instead of restricting lawmaking to the enumerated objects of its powers, the people WE send to Congress make laws on whatever they like. The President WE elected tramples all over the Constitution; and due to the connivance, cowardice, and ignorance of Congress, the supreme Court, State governments, and the American People, is seizing totalitarian power.

WE are in terrible trouble.

And it is the phony right wing which is seducing the American People into taking the final jump off the cliff.

Michael Farris, head of the Convention of States 1 project, begins his video with this spiel:

“We all know that our government is way off track. The debt is astronomical and is going to cripple not only our own freedom and our own economy, but our children and our grandchildren are going to be effectively slaves, paying for all the things that we’re spending money on today.”

That part of his video is true.

But the purpose of their spiels is to make you believe they are on your side.  You must look behind the spiels and think carefully about what they are proposing as “solutions”.  Much is at stake:

THIS IS THE WAR over our Constitution and Country.  And here are the two sides:

Learn & Enforce our Existing Constitution!

One side proposes that we learn & enforce our existing Constitution of limited & enumerated powers.  We show that our Framers advised us to enforce our Constitution by (1) electing better representatives to annul the acts of the usurpers, 2 or by (2) nullification of unconstitutional acts.

To illustrate: What would our Country’s financial condition be if WE THE PEOPLE had enforced the enumerated powers on Congress?

It is the enumerated powers which list the objects on which Congress may appropriate funds:

  • immigration office (Art. I, §8, cl.4)
  • mint (Art. I, §8, cl. 5)
  • Attorney General (Art. I, §8, cl. 6)
  • post offices & post roads (Art. I, §8, cl. 7)
  • patent & copyright office (Art. I, §8, cl. 8)
  • federal courts (Art. I, §8, cl. 9)
  • military (Art. I, §8, cls. 11-16)
  • the civil list (Art. I, §6, cl.1)
  • [and other objects listed in various other articles, sections, &clauses]

Do you get the idea?  The Constitution itemizes what Congress is permitted to spend money on.

1 2 3 4 5 6
Go straight to Post

Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!

by Publius Huldah on Sunday, September 15th, 2013

This is article 165 of 182 in the topic US Constitution

What Mark Levin says in “The Liberty Amendments” in support of an Article V convention is not true.1

On one side of this controversy are those who want to restore our Constitution by requiring federal and State officials to obey the Constitution we have; or by electing ones who will.  We show that the Oath of Office at Art. VI, last clause, requires federal 2 and state officials to support the Constitution.  This requires them to refuse to submit to – to nullify – acts of the federal government which violate the Constitution.  This is how they “support” the Constitution!

We note that the Oath of Office requires obedience to the Constitution alone.  The Oath does not require obedience to persons, to any agency of the federal government, or to any federal court.

We understand that resistance to tyranny is a natural right – and it is a duty.

We have read original writings of our Framers and know what our Framers actually told the States to do when the federal government violates the Constitution: Nullification of the unlawful act is among the first of the recommended remediesnot one of which is “amendment of the Constitution”.

It is already proved in James Madison Rebukes Nullification Deniers, that our Framers endorsed nullification by States of unconstitutional acts of the federal government.  Thomas Jefferson and James Madison summed it up as follows:

“…when powers are assumed which have not been delegated, a nullification of the act4 is “the natural right, which all admit to be a remedy against insupportable oppression…” 5

The claims of the nullification deniers have been proven to be false.  To persist in those claims – or to do as Levin seems to do and ignore the remedy of nullification – is intellectually and morally indefensible.  So why don’t they apologize to the public and recant their errors?

Instead, they continue to tell us that what we need is a “convention of the States” (which Levin and his mentors insist is provided by Article V of the Constitution) to propose amendments to the Constitution, and that this is the only way out.

Yes, they tell us, the only way to deal with a federal government which consistently ignores and tramples over the Constitution is …. to amend the Constitution!

Do you see how silly that is?

 Levin’s Amendments

Levin starts his book by saying how bad things are and how the federal government has trampled and mangled the Constitution.  Those pages are true.  And they serve the purpose of making readers believe that Levin is “on our side”.  And because of that, many are induced to lay aside their critical thinking skills and accept on trust what Levin tells them. That is a deadly mistake.

Levin’s amendments actually gut our Constitution.  Most increase the powers of the federal government by making lawful what is now unconstitutional because it is not an “enumerated power”. Others put a band-aid on a problem without solving the problem. The amendments pertaining to “overrides” undermine the Constitution as the Objective Standard of what is lawful and what is not – and substitute majority vote therefor. 6

A Defective Constitution?

1 2 3 4 5 6 7 8 9
Go straight to Post

Restore The Constitution We Have By Learning What It Means!

by Publius Huldah on Monday, September 2nd, 2013

This is article 164 of 182 in the topic US Constitution

Our Constitution really was a 5000 Year Miracle.

The attached pdf chart illustrates the Miracle.

Rights come from God, and the purpose of civil governments is to secure the rights God gave us.

Accordingly, WE THE PEOPLE ordained and established the Constitution for the United States of America wherein we created the federal government. 

A “federal government” is an alliance of Sovereign States associated together in a “federation” with a national government to which is delegated supremacy over the States in specifically defined areas only.

These specifically defined areas are the “enumerated powers” WE delegated to the three branches of the national (“federal”) government.

The States and The People retained all other powers.

The pdf chart depicts the elegant simplicity of our Constitution; lists the few and defined powers WE delegated to the national government for the Country at Large; shows how the powers WE delegated to the national government secure specific God given rights; and shows the retention of all other powers by the States and The People.

Our Constitution isn’t broken!  Our Constitution isn’t outdated. The problem is that WE – who are “the natural guardians” of the Constitution – didn’t bother to learn it.  Since we didn’t bother to learn it, we elected representatives who also hadn’t bothered to learn it.  And so everyone ignores it.

And we abandoned the religious and moral foundation of our Constitution.

It is our own ignorance of our existing Constitution, and the collapse of religion and morality which have brought us to the brink of destruction.

Our Constitution doesn’t need “fixing”!  The only Amendments we need are to repeal some of the previous Amendments we got deceived into approving.

WE THE PEOPLE need “fixing”.  Restoration of our religious and moral foundation and our Constitution is the Answer to the Healing of our Land.

Let the Restoration begin with you.  Share this Article.  Print out the chart.  Study it.  Flesh it out with your own personal readings of the Declaration of Independence, the Constitution, and the Bible.  Have study groups in your home.  You can become a “guardian” of the Constitution. PH

Go straight to Post

Impeachment: All you need to know (and you do need to know it).

by Publius Huldah on Thursday, August 8th, 2013

This is article 161 of 182 in the topic US Constitution

1. It is NOT necessary that the President, other officers in the executive branch, or federal judges commit a crime before they may be impeached & removed from office.

Federalist Paper No. 66 (2nd para) & Federalist  No. 77 (last para) show that the President may be impeached & removed for encroachments, i.e., usurpations of power.

Federal judges may also be impeached & removed for usurpations of power (Federalist No. 81, 8th para).

Throughout The Federalist Papers, it is stated that impeachment is for “political offenses”.

2. The House has the SOLE power of impeachment (Art. I, Sec. 2, last clause).  The Senate has the SOLE power to try all impeachments (Art. I, Sec. 3, next to last clause).  The decision to convict is not reviewable by any other body – and common sense tells us what that means!  The House may impeach, and the Senate may convict, for any reason whatsoever; and their decision cannot be overturned.

3. The meaning of “Treason, Bribery, or other high Crimes and Misdemeanors” at Art. II, Sec. 4, is far broader than one might at first glance think.  Somewhere I saw a scholarly paper showing that the “high” refers to the status of the official – it does not refer to the severity of the offense.

Now, note well!  “Misdemeanor” has a broader meaning than “a lesser category of criminal offense”.  Webster’s 1828 Dictionary shows the primary meaning is:  “Ill behavior; evil conduct; fault; mismanagement.”

This shows that a President, Vice-president, and all civil Officers and Judges of the United States may be impeached, tried, convicted, and removed from office for “mismanagement”.

4. Errant members of Congress are never impeached – they are expelled by their respective Houses (Art. I, Sec. 5, cl. 2).

5. Military personnel are never impeached – they are court-martialed (see UCMJ – Uniform Code of Military Justice), and may be kicked out of the military as part of their punishment.  They also may be administratively discharged.

6. It is not feasible to criminally prosecute, under federal law, a sitting President: his prosecutors, the Attorney General and the U.S. Attorneys, all serve at the President’s pleasure.  He can fire anyone who dares to criminally prosecute him.  That is why sitting Presidents who have committed federal crimes must first be removed from office via impeachment, then be criminally prosecuted.  (Federalist No. 69, 4th para).

But do not forget: A President may – and should – be impeached & removed for usurpations of power, mismanagement, incompetence, or for any other reason deemed sufficient by Congress.

7.  The lawful methods of getting rid of a sitting President [whether eligible or not to hold the office], in addition to impeachment, are set forth in the 25th Amendment: Natural death, resignation, or inability to do the job.

8.  The 22nd Amendment permits Congress to make laws providing for succession where a President elect has not qualified.

Do not spin your wheels in fruitless insistence that a person (who may still be an Indonesian national) who occupies the office of President can’t be impeached because he is ineligible to hold that office.  The FACT is that he holds the office.  Impeachment is a lawful & constitutional method to rid ourselves of occupants of that office and of this particular blight. PH

Go straight to Post

The First Amendment does NOT give islamists the right to build mosques, proselytize, and institute sharia here!

by Publius Huldah on Sunday, April 7th, 2013

This is article 143 of 182 in the topic US Constitution

Here I rebut the 3 major lies of our time:  Multiculturalism is good; islam is a peaceful “religion”; and the First Amendment gives islamists the “right” to build mosques, proselytize, and institute sharia here.

Let us repudiate the lies; and rebuild the shining city on the hill.

Go straight to Post

The Balance of Powers Act – How People Are Destroyed For Lack of knowledge

by Publius Huldah on Monday, March 25th, 2013

This is article 142 of 182 in the topic US Constitution

Our own Ignorance is destroying us.  Mark Twain wrote in his autobiography:

“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.”

That is what has been going on in our Country for a very long time. Our “intellectuals” can’t think; our “scholars” parrot each other; the self-educated fixate on idiotic theories; no one studies original source writings; and The People jump on every bandwagon that rolls by.

In order to write intelligently on our Constitution, one needs to have studied and understood the original source writings of our Framers.  No matter what your educational level, if you don’t know what is in our Declaration of Independence and federal Constitution; and if you are not familiar from personal study with The Federalist Papers, The Kentucky and Virginia Resolutions of 1798, Madison’s Report on the Virginia Resolutions (1799-1800), and Madison’s Notes on Nullification (1834), among other original source writings, then you have no business writing about these issues.

But we are flooded with rubbish about the Constitution put out by law professors, history professors, Ph.Ds. of this or that, Heritage Foundation, those with no academic qualifications, and politicians. And none of them know what they are talking about!

And The People read their rubbish and believe it.

One of many such writings which plague us is the Balance of Powers Act  (“BOPA”). 1

The BOPA reflects a justified frustration with the innumerable usurpations by the federal government during the last 100 years.

But it also reflects such fundamental misunderstandings of our Founding Principles that it misstates or ignores them.  Accordingly, it undermines our Constitution.

There are 6 major problems with the BOPA:

1. It wrongly presents the federal government as a party to the U.S. Constitution.

Throughout the BOPA, the following refrain is recited:

 “The guarantee of those powers is a matter of compact between the state and people of _[state]__ and the United States as of the time that _[state]____ was admitted to statehood in _[year of admission]_.” [boldface mine]

That refrain elevates the federal government (“the United States”) 2 to the status of a “party” to the compact (Constitution)!

But the federal government is not a party to the Constitution! WE THE PEOPLE created the federal government when we ordained and established The Constitution. The federal government didn’t even exist until the Constitution was ratified.

Accordingly, our Framers understood that the federal government is merely our “creature”, and is not a “party” to anything. In Federalist No. 33 (5th para), Alexander Hamilton writes:

“… If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [boldface mine]

Thomas Jefferson writes in his Draft of the Kentucky Resolutions, 8th Resolution:

“… they [The States] 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, …” [emphasis mine]

James Madison writes in his Report on the Virginia Resolutions (1799-1800) under the 3rd resolution:

“It…[is]…a plain principle, founded in common sense…and essential to the nature of compacts, that, where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges, in the last resort, whether the bargain made has been pursued or violated.

1 2 3 4 5 6
Go straight to Post

Publius Huldah shows federal gun control is unlawful

by Publius Huldah on Sunday, March 3rd, 2013

This is article 138 of 182 in the topic US Constitution

Go straight to Post

James Madison Rebukes Nullification Deniers

by Publius Huldah on Thursday, January 31st, 2013

This is article 136 of 182 in the topic US Constitution

Alas!  I am having trouble with the formatting.  The bullet points are squashed together so one can barely read them.  I will ask word press to help me fix this.

 

By Publius Huldah

This is The Age of Ignorance. Our “intellectuals” can’t think.  Our “scholars” parrot each other. The self-educated fixate on idiotic theories. Our People despise Truth and disseminate lies.

Nullification deniers such as Matthew Spalding of Heritage Foundation, Jarrett Stepman of Human Events, law professor Randy BarnettDavid Barton of Wallbuilders, and history professor Allen C. Guelzo, say that nullification by States of unconstitutional acts of the federal government is unlawful and impossible. They make the demonstrably false assertions that:

  • States don’t have the right to nullify unconstitutional acts of the federal government because our Constitution doesn’t say they can do it;
  • Nullification is literally impossible;
  • The supreme Court is the final authority on what is constitutional and what is not; and The States and The People must submit to whatever the supreme Court says; and
  • James Madison, Father of Our Constitution, opposed  nullification.

Their assertions contradict our Declaration of Independence, The Federalist Papers, our federal Constitution, and what James Madison, Thomas Jefferson, and Alexander Hamilton really said.

What are the Two Conditions Precedent for Nullification?

The deniers seem unaware of the two conditions our Framers saw must be present before nullification is proper and possible. These conditions are important – you will see why!:

  • The act of the federal government must be unconstitutional usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.

What is “Interposition” and What is “Nullification”?

A State “interposes” when it stands between the federal government and The Citizens of the State in order to protect them from the federal government. Interposition takes various forms, depending on the circumstances. Hamilton refers to interposition in Federalist No. 33 (5th para):

“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” [emphasis mine]

“Nullification” is one form of interposition. Now! Here are three highly relevant illustrations:

When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.

When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.

When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.

Our Founding Principles in a Nutshell

In order to understand The Right of Nullification, one must also learn the Founding Principles set forth in The Declaration of Independence (2nd para).

1 2 3 4 5 6 7 8 9 10 11 12
Go straight to Post

Featuring YD Feedwordpress Content Filter Plugin