Just Who are the Domestic Terrorists?

It’s been reported that in a recent memo to all law enforcement agencies, the FBI counter-terrorism unit associated those who referenced “Constitution”, “the Bible”, “US Supreme Court decisions”, and “treaties with foreign governments” as part of a “domestic terrorist movement”. You can’t make this stuff up, folks.

You will recall that in 2009, Homeland Security issued a report on “Right Wing Extremism” labelling those who used terms like “Constitutionalist”, “Patriot” or “linking their belief system to the [ideals of the]American Revolution” were also potential national security threats. And, yes, lumped in with these threatening domestic elements were returning American veterans. Folks, this is beyond stupid and offensive. This is scary.

Of course, the Occupy Wall Street “useful idiots”, the darlings of the radical left, Soros, Barack Obama and Nancy Pelosi, are nothing but grassroots, highly principled moral paragons of American virtue who are merely trying to peacefully right fundamental wrongs in our depraved capitalist society. But, how do our Progressive overseers explain the thousands of OWS arrests for violence, trespassing, attacks on policemen, and the wanton destruction of private and public property? Well, they don’t explain because no one is making them accountable. Remind you of the formative years of the Nazi movement? It should.

Boy, are we on a downward spiral into the bowels of tyranny! And if you can’t see that, better consult a physician because you’re deaf, dumb and hopelessly blind.

But, just so the FBI and HS don’t miss me on their intrusive radar: I love the Constitution and am sworn to defend it on my life. I am a Veteran, a Tea Partier and a Patriot to boot. Opponent of Obama’s Utopian America, you betcha’. Defender of our Founders’ America, absolutely on my life!

Notwithstanding Obama’s recent attack on the freedom of religion, add to all this the Administration’s relentless assault on our 2nd Amendment rights by its “Fast & Furious” gangsters, aka their so-called “Dept of Justice”, the Democrats’ open support of the Occupy Wall Street thuggery, both the Democratic Socialist Party’s and the American Communist Party’s OPEN support for Obama and his Progressive minions, and Obama’s insidious class warfare strategy to pit Americans against Americans, races against races, economic classes against economic classes, and we have a powder keg on our hands. Could that be Obummer’s intention? To the clear-eyed among us, and at the risk of being politically incorrect, it sure as hell looks that way to me.

On top of this, for some time now I have been monitoring the globalist efforts of Obama’s Progressive handmaiden, Sec. of State Hillary Clinton, who has been quietly pushing the following loathesome treaties which she hopes Obama will shove down the Senate’s throat, a chamber, by the way, currently dominated by Progressives who share Hillary’s and Barack’s obscene globalist goals.

And here are those damnable treaties:

1) the authority of the International Criminal Court would be expanded by adding a new crime, that being “aggression”, which, in effect, is waging war without the United Nation’s approval. This would empower the International Court to prosecute Americans who have not violated any American laws and would give Russia and China veto power over US military actions. (There goes American sovereignty, which is, of course, the globalist goal of these treasonous vermin.)

2) The Law of the Sea Treaty (LOST for short): requires that the US contribute half its royalties from offshore drilling to an international entity of 160 members and would allow that body a free hand to distribute those funds in any manner and to any nation they please. The US would be out-numbered 1- 160. Without compensation, LOST would also obligate the US to share its offshore drilling technology with any other nation who asks for it.(Leveling the playing field and redistributing wealth on a global basis,)

3) Small-Arms Control: in the work for some time now, Clinton is negotiating a treaty which would require that each signatore to this treaty implement domestic measures to stop the exportation of all small arms and to register all ammunition in order to track its source.(If Fast & Furious fails to undermine our 2nd Amendment, then this intrusive Small Arms Control Treaty will. These statists never give up.)

4) Outer Space Code of Conduct: this code would ban activities which are likely to generate debris in outer space. On the surface, EU-endorsed effort is an innocuous international anti-litter campaign in space. How very, very green. HOWEVER, this could very easily lead to prohibiting America’s deployment of anti-missile platforms in space. (Not a good idea.)

5) Rights of the Child: And just who wouldn’t support the rights of children? But at the needless risk of jeopardizing our sovereignty, Comrade Clinton is pushing for the establishment of a 14-member court which would oversee the international distribution of funds for shelter, food clothing and education for children in poor nations. This could mean that the court would be able to successfully challenge the United States if, in the court’s opinion, Americans weren’t forking over enough. (Totally unnecessary and inane. The United States Agency for International Development doesn’t need to be told how to distribute America’s foreign aid. Again, a Progressive attack on our sovereignty.)

The disturbing reality is that America’s sovereignty, our freedom, our liberties, our Constitution, our constitutional republic are of little consequence to the self-serving and shortsighted Progressive ideologues now ruling our lives and transforming our republic out of existence.

And if I hear one more time how much better off the country would be with Hillary rather than Barry at the helm, I will implode! These Progressives are ALL dangerous, destructive of our way of life, and disloyal alien-oriented fruitcakes of the first order who must be STOPPED!

On the treaty issue, I recommend that readers pass this list on to their congressperson, Senators, the Senate Minority Ldr and the Speaker of House and pray they are still on America’s side. Tell them NOT to allow the further undermining of either our Constitution or our sovereignty by the Senate’s misguided passage of these outrageously offensive treaties.

So, if the goal of terrorism is to instill fear, disorder and instability in order to facilitate fundamental political change, and aside from some imported and homegrown conniving Jihadis and a handful of weirdo “militia” groups, who else among us is a clear and present danger to our lives, our liberties and our God-given right to pursue happiness? Now think hard. I’m sure you’ll get it.

Yup! You got it. The PROGRESSIVES! Dangerous to a person, these unprincipled vermin now dominate the once venerable Democratic Party and infect many in the Republican rank and file as well. We call them RINOs. So, don’t be fooled by “Democrat” or “Republican”–high-sounding and patriotic labels, but it’s subterfuge, plain and simple. It’s well past time to call a spade a spade and to hold these brigands accountable for their faithlessness.

Just Who are the Domestic Terrorists?

It’s been reported that in a recent memo to all law enforcement agencies, the FBI counter-terrorism unit associated those who referenced “Constitution”, “the Bible”, “US Supreme Court decisions”, and “treaties with foreign governments” as part of a “domestic terrorist movement”. You can’t make this stuff up, folks.

You will recall that in 2009, Homeland Security issued a report on “Right Wing Extremism” labelling those who used terms like “Constitutionalist”, “Patriot” or “linking their belief system to the [ideals of the]American Revolution” were also potential national security threats. And, yes, lumped in with these threatening domestic elements were returning American veterans. Folks, this is beyond stupid and offensive. This is scary.

Of course, the Occupy Wall Street “useful idiots”, the darlings of the radical left, Soros, Barack Obama and Nancy Pelosi, are nothing but grassroots, highly principled moral paragons of American virtue who are merely trying to peacefully right fundamental wrongs in our depraved capitalist society. But, how do our Progressive overseers explain the thousands of OWS arrests for violence, trespassing, attacks on policemen, and the wanton destruction of private and public property? Well, they don’t explain because no one is making them accountable. Remind you of the formative years of the Nazi movement? It should.

Boy, are we on a downward spiral into the bowels of tyranny! And if you can’t see that, better consult a physician because you’re deaf, dumb and hopelessly blind.

But, just so the FBI and HS don’t miss me on their intrusive radar: I love the Constitution and am sworn to defend it on my life. I am a Veteran, a Tea Partier and a Patriot to boot. Opponent of Obama’s Utopian America, you betcha’. Defender of our Founders’ America, absolutely on my life!

Notwithstanding Obama’s recent attack on the freedom of religion, add to all this the Administration’s relentless assault on our 2nd Amendment rights by its “Fast & Furious” gangsters, aka their so-called “Dept of Justice”, the Democrats’ open support of the Occupy Wall Street thuggery, both the Democratic Socialist Party’s and the American Communist Party’s OPEN support for Obama and his Progressive minions, and Obama’s insidious class warfare strategy to pit Americans against Americans, races against races, economic classes against economic classes, and we have a powder keg on our hands. Could that be Obummer’s intention? To the clear-eyed among us, and at the risk of being politically incorrect, it sure as hell looks that way to me.

On top of this, for some time now I have been monitoring the globalist efforts of Obama’s Progressive handmaiden, Sec. of State Hillary Clinton, who has been quietly pushing the following loathesome treaties which she hopes Obama will shove down the Senate’s throat, a chamber, by the way, currently dominated by Progressives who share Hillary’s and Barack’s obscene globalist goals.

And here are those damnable treaties:

1) the authority of the International Criminal Court would be expanded by adding a new crime, that being “aggression”, which, in effect, is waging war without the United Nation’s approval. This would empower the International Court to prosecute Americans who have not violated any American laws and would give Russia and China veto power over US military actions. (There goes American sovereignty, which is, of course, the globalist goal of these treasonous vermin.)

2) The Law of the Sea Treaty (LOST for short): requires that the US contribute half its royalties from offshore drilling to an international entity of 160 members and would allow that body a free hand to distribute those funds in any manner and to any nation they please. The US would be out-numbered 1- 160. Without compensation, LOST would also obligate the US to share its offshore drilling technology with any other nation who asks for it.(Leveling the playing field and redistributing wealth on a global basis,)

3) Small-Arms Control: in the work for some time now, Clinton is negotiating a treaty which would require that each signatore to this treaty implement domestic measures to stop the exportation of all small arms and to register all ammunition in order to track its source.(If Fast & Furious fails to undermine our 2nd Amendment, then this intrusive Small Arms Control Treaty will. These statists never give up.)

4) Outer Space Code of Conduct: this code would ban activities which are likely to generate debris in outer space. On the surface, EU-endorsed effort is an innocuous international anti-litter campaign in space. How very, very green. HOWEVER, this could very easily lead to prohibiting America’s deployment of anti-missile platforms in space. (Not a good idea.)

5) Rights of the Child: And just who wouldn’t support the rights of children? But at the needless risk of jeopardizing our sovereignty, Comrade Clinton is pushing for the establishment of a 14-member court which would oversee the international distribution of funds for shelter, food clothing and education for children in poor nations. This could mean that the court would be able to successfully challenge the United States if, in the court’s opinion, Americans weren’t forking over enough. (Totally unnecessary and inane. The United States Agency for International Development doesn’t need to be told how to distribute America’s foreign aid. Again, a Progressive attack on our sovereignty.)

The disturbing reality is that America’s sovereignty, our freedom, our liberties, our Constitution, our constitutional republic are of little consequence to the self-serving and shortsighted Progressive ideologues now ruling our lives and transforming our republic out of existence.

And if I hear one more time how much better off the country would be with Hillary rather than Barry at the helm, I will implode! These Progressives are ALL dangerous, destructive of our way of life, and disloyal alien-oriented fruitcakes of the first order who must be STOPPED!

On the treaty issue, I recommend that readers pass this list on to their congressperson, Senators, the Senate Minority Ldr and the Speaker of House and pray they are still on America’s side. Tell them NOT to allow the further undermining of either our Constitution or our sovereignty by the Senate’s misguided passage of these outrageously offensive treaties.

So, if the goal of terrorism is to instill fear, disorder and instability in order to facilitate fundamental political change, and aside from some imported and homegrown conniving Jihadis and a handful of weirdo “militia” groups, who else among us is a clear and present danger to our lives, our liberties and our God-given right to pursue happiness? Now think hard. I’m sure you’ll get it.

Yup! You got it. The PROGRESSIVES! Dangerous to a person, these unprincipled vermin now dominate the once venerable Democratic Party and infect many in the Republican rank and file as well. We call them RINOs. So, don’t be fooled by “Democrat” or “Republican”–high-sounding and patriotic labels, but it’s subterfuge, plain and simple. It’s well past time to call a spade a spade and to hold these brigands accountable for their faithlessness.

Stop it, Hannity! Your Shining Star, Sen. Rubio, is NOT eligible!

Talking heads and politicians often have a problem keeping their brains and their mouths, their hearts and their minds in proper sync. Listening, Hannity? O’Reilly? Beck?

On the issue of Senator Marco Rubio’s becoming either Romney’s or Newt’s VP–and both candidates, pandering to the Hispanic voters in Florida, alluded to their interest in a Rubio VP slot–here’s a flash: RUBIO IS NOT ELIGIBLE!

To be eligible for VP, per the 12th Amendment (1804), Rubio must also be eligible to be President.

Per the 14th Amendment (1868), Mr. Rubio is a US Citizen, but to be eligible for President, per Art II, Sec 1, Clause 5 of the US Constitution, Mr. Rubio must be a “natural born citizen”, meaning that he must have been born in the United States of two US Citizen parents who were US Citizens either by birth or through naturalization.

Got that, Mittens, Newt et. al. GOP political panderers and opportunists? Geez!

Mario Rubio, Marco’s father, didn’t petition to become a naturalized US Citizen and renounce his allegiance to Cuba until 11/05/1975, four years AFTER Marco’s birth in May 1971. In short, Marco’s parents were Legal Permanent Residents–not native born or naturalized US Citizens–when Marco Rubio was born. (Drill that into your unreceptive brains and direct your legions of well-paid researchers to confirm this info with the National Archives (NADA) and the Constitution.)

As Sirius XM’s Andrew Wilkow would say, “this argument cannot be broken.” Period.

I won’t bother to again rehash the natural born citizenship issue here. For an in-depth legal constitutional analysis of the meaning and requirements of “natural born citizenship”, interested readers are encourged to go to http://puzo1.blogspot.com/2009/09/natural-born- citizen-clause-requires.html, art2superpac.com, thenationalpatriot.com, federalistblog, US Justice Foundation, and a host of other authoritative sites.

Wouldn’t it be an inspiring act of selfless public service were Sen. Rubio to publicly confirm that he is constitutionally ineligible to be VP or President?

Can you imagine the firestorm which would grip the DNC machine, and the abject horror which would pervade the White House whose current occupant is also constitutionally ineligible to serve as Chief Executive? (Obama’s mother was a US Citizen, but his purported father, Obama Sr., was a Kenyan national, a British subject at the time of Barack’s birth in 1961.)

If Mr. Rubio is the venerable and articulate defender of the Constitution he has appeared to be, then why has he been so studiously silent on this issue. Why has he and his staff avoided answering any questions from me and many other enquiring minds regarding the status of his constitutional eligibility. His silence has been defeaning, and one can only reasonably speculate that Mr. Rubio is more concerned about his political ambitions than he is about the sacrosanctity of the Constitution.

Don’t get me wrong. I love this guy. He’s a breath of fresh air in that God-awful beltway. But, I have to wonder if, like so many of his political compatriots, his patriotism and his love of the Constitution stops at the water’s edge.

Two wrongs don’t make a right. The Constitution is not a toy to be conveniently interpreted or knowingly circumscribed merely to advance one’s political or ideological agenda. Nothing honorable or redeeming about that.

I will try to obtain a reply on this matter from either Sen. Rubio or his Senatorial staff. Will keep you posted.

“I was bold in the pursuit of knowledge, never fearing to follow truth and reason to whatever results they led, and bearding every authority which stood in their way.” Thoams Jefferson

“Law and liberty cannot become the objects of our love, unless they first become the objects of our knowledge.” James Wilson (1790)

“Whenever a man has cast a longing eye on offices, a rottenness begins in his conduct.” Thomas Jefferson

Obamland Economy: Sunshine & Roses at Last1

Yup! Not to worry, folks. Obamaland’s economy is on the upswing!

By Obama’s objective estimates, the economy of the People’s Democratic Socialist Republic of America is on an upward trajectory. We’ve so much to crow about! Wowee! Break out the champagne!!! There’s light at the end of the tunnel!!! Whoopee!!!

Regaling us with assurances that since his takeover in 2009 millions of jobs have been “saved” and the number of “created” jobs has been steadily increasing, the breathlessly exuberant Obamabot spinmeisters have been deftly persuading the essentially walking dead among us that Obama’s profligate Keynesian top-to-bottom big government approach to recovery is working just splendidly. I mean, come on, folks. You’d have to be a hopelessly partisan dolt not to see the truth and join in the celebration.

Ah…just one tiny wrinkle in Obama’s rosy take on the economy: it’s ummitigated drivel. A lie!

This week, the Congressional Budget Office (CBO) projected that the budget deficit for 2012 wil hit $1.08T, the jobless rate for 2012 will climb to 8.9%, and in 2013 the unemployment rate will soar to 9.2%.

But, don’t let that get you down. The gloom-and-doomers are always raining on our parade. I mean, come on. Whom do you trust? The CBO or Obama? Obviously, the CBO folks are vile racists in the bag for the GOP. Conspiracists, each and every one. They can’t be trusted.

And let’s not forget Obama’s winning toothy smile, his impeccable teleprompter skills and his engaging, polished manner. Afterall, let’s remember that Obama wants nothing more than to make sure everyone equally shares in this country’s bounty. No filthy rich, no poor. Like, what could possibly be wrong with that?

The only sensible way forward is if we faithfully put our trust, our hopes, our lives and our fortunes in Obama’s hands. He’ll take care of us.

FINALLY! Evidence of Obama INeligibility Under Court Review !!!!

Good news, America!

For some time now, I have deliberately avoided discussing the eligibility issue. Why? With so many legal developments on so many fronts, it was simply too daunting to keep up with, and the dead ends and disappointments were so painful. I also believed that, in time, the truth would have its day in court. And so it has!

Art2superpac.com and live streamed the court proceedings which took place on January 26th. Though the audio was often garbled and unintelligible, I watched and listened with a mixture of foreboding and vindication and monitored what few authoritative after action reports I could find on the internet.

In a fairly packed court on January 26th, the OSAH court in Atlanta was gravelled to order by Judge Malihi @9:33AM. Having been informed on January 25th by Obama’s attorney, Michael Jablonski, that neither Obama not his attorney would appear at the hearing, in a pre-hearing with plaintiff attorneys Taitz, Hatfield and Irion, Judge Malihi signaled he would enter a “default judgement” against Obama. Delighted but cautious, plaintive attorneys requested that for the first time ever the actual evidence of Obama’s ineligibility be entered into the record. Judge Malihi agreed and allowed for a relatively speedy hearing (aprox 2 hrs).

Note: media reports to the contrary, this is the first time a court has allowed arguments and evidence on the merits of the controversy over Obama’s eligibility. Heretofore, the evidence was never allowed to see the light of day by sitting judges. And this: only matters of law–not the evidence itself–may be appealed. Clearly, the Obama machine stumbled big time when it arrogantly failed to appear. Since they didn’t take the time to refute the arguments, the evidence is, for all practical purposes, unassailable–the evidence presented at the hearing cannot now be disputed later on appeal. A major victory!!!

With the help of expert witnesses flown in from all over the country, the attorneys cogently, calmly, substantively, albeit hurriedly, discussed the constitutional meaning of “natural born citizen” (relying upon an amicus brief from Leo Donofrio and an analysis of the 1875 Minor v Happersett ruling on the subject), the illegitimacy of Obama’s Birth Certificate, and Obama’s fraudulent use of a Social Security number assigned to a deceased person born in 1890.

Following the testimony and presentation of evidence, Judge Malihi ordered all attorneys to file briefs and a summary of “facts and points of law” to him by February 5th. At that time, he will review the evidence and, per Georgia law, render a “recommendation” to the Georgia Sec. of State as to whether or not Obama’s name should appear on the Georgia presidential ballot in 2012.

From all reports, Mr. Kemp, Sec. of State, has agreed that he will act in accordance with the Judge’s recommendation. Of course, how soon after his review of the evidence and facts of law on February 5th Judge Malihi will actually submit a recommendation to Mr. Kemp is uncertain. In any event, my hope is that his decision will, at long last, be just and timely. And at this juncture, and despite a possibly vengeful Obama whose ruthless sycophants are capable of considerable mischief, there is nothing to persuade me that the judge will be anything but judicious, forthright and fair. He is to be roundly commended for his unprecedented courage and integrity, and I urge all readers to contact him thank him for his extraordinary service.

Note: I scoured the internet for evidence of media coverage of this seminal development. Except for Druge and American Thinker, NADA. I was able to view one telecast of an Atlanta WST-TV newscast about the hearing, but, true to form, it pooh-poohed the hearing and erroneously reported that plaintiffs were trying to prove once again that Obama is not a “US Citizen”. Another insidious example of the media’s willful ignorance or calculated dissembling, or both. Notable too was the disturbing silence of “we’re watching out for you” O’Reilly and “question with boldness” Beck. Hiding under their beds, to be sure. Frauds!

I cannot overstate how monumentally important this hearing has been. Evidence of Obama’s ineligibility is now part of the judicial record and cannot be expunged or otherwise ignored.

Finally, and on a more sobering note, what my abiding concern is the possibly tumultuous effect this will have on the country. Can we properly manage a painful constitutional crisis of this magnitude and all the legal and political ramifications such a crisis will surely entail? Will ruthless remedies be relied upon by darker forces at work to nullify this historic turn of events?

Frankly, I am no longer sure that most Americans–and most certainly not our entrenched political elite–are up to the challenge of peacefully and properly restoring constitutional order. But, come what may, we can all be proud and buoyed by the fact that the Constitution and the Rule of Law won a resounding victory today. Now let’s pray that Judge Malihi and Sec. of State Kemp do their jobs fearlessly and judiciously.

Stay tuned. I would strongly suggest your monitoring Citizen Wells, TalkWisdom, Opinerlog, and the Post and Email for further analyses and updates.

God Bless America! And God Bless those few Americans who refused to surrender in the face of derision, threats and lies. Let’s keep on marching forward to a better day!

Food for Thought: The Myth of American Indivisibility

No nation is immutable; historically, nations evolve and devolve. And there’s no historical precedent which would uphold the assertion that America will be an exception to this rule.

And though our Founders had hoped their carefully crafted Constitution which created a confederated republic would remain intact in perpetuity, none deluded themselves into believing that, for better or for worse, the inherent depravity and falllibility of man wouldn’t inevitably, and likely irretrieveably, alter both the nature and structure of American society and government. Thus, from a historical perspective, the reconstruction of our society and its model of governance is likely inescapable.

Today, there is a degenerative ideological struggle for the very soul of our nation, both political and cultural. The increasingly acrimonious contention between big government (centralization of authority) and small government (decentralization of authority) proponents has led to a deeply polarized American citizenry along what may be accurately described as statist/socialist and constitutionalist/capitalist lines. In truth, political, economic and cultural indications clearly suggest that this ideological divide is most likely irreconcilable. But, take heart. This in no way preordains a bloody clash of arms for these “united States” to peacefully and satisfactorily readjust to this tectonic ideological divide. Although secession is no longer merely a remote possibility, what shape this readjustment will look like in the end is anyone’s guess.

But, first, let’s very briefly examine the enduring myth that secession is illegal, unconstitutional, treasonous, or otherwise constitutionally prohibited.

Not even Daniel Webster, a particularly ardent nationalist and respected orator, could prove that the Constitution was anything but a compact, aka contract, among the States and with the federal government requiring all parties to that contract to abide by the clearly defined terms of that agreement. As has always been the case, when a party violates the terms of a duly executed contract, that contract is, of course, null and void.

We need but to look to history to understand that even at its inception and early development, liberty-loving Americans have never been of one mind. Just as the thirteen colonies individually abolished their political bands with England, eventually acceding to confederation and, subsequently, to a “more perfect” constitutional federal union, a nationalist would, indeed, be sorely challenged to show that any of the States ever freely, knowingly or contractually surrendered or otherwise delegated their fundamental rights as sovereign entities to an ominipotent, overarching national government. Quite the contrary. Representatives of the original 13 colonies, which had individually agreed to secede from British rule, eventually fashioned a constitutional federal system of governance which painstakingly incorporated the core unifying principle of state co-equality and dual sovereignty in a constitutionally balanced federal system of governance.   In the Treaty of Paris (1783) which concluded the Revolutionary War, Britain explicitly recognized the independence and sovereignty of each of her 13 former colonies as did the American delegates who signed the treaty. Thus, from the outset, and most certainly during the drafting and ratification of the constitution, state sovereignty and the core principle of co-equality was enshrined with nary a word of protest or disagreement on the part of the framers, ratifiers or from the people themselves.

Since ratification of the Constitution in 1787, North Carolina and Rhode Island being the last States to join the union in 1790, Americans have been buffeted by threats of and movements toward secession in the north, south, east and west–NOT, as revisionists would have us believe, just in the south. State nullification of federal laws and civil disobedience have characterized America’s experiment in constitutional self-government since its inception. Though the War of Secession in 1861 – 1865, erroneously described by revisionist historians as the “Civil War”, seemed to have put an end to the notion that the several states “are and of right ought to be free” of unconstitutional constraints on their liberties by their co-equal partners in union, nullifying or otherwise repudiating federal overreach have become as commonplace today as they were before the War of Secession, aka War of Northern Aggression. In fact, as the ideological divide has sharpened in recent years, state and citizen resistance to federal encroachment has become even more pervasive and assertive than even before 1861. (Just type nullification or secession 2010, 2011 in your browser. Or go to the 10th Amendment Foundation or 10th Amendment Center for a comprehensive examination of historical and contemporary nullification actions. You’ll be astonished by the relevance and sheer number of serious nullification and secessionist movements in today’s America.)

Even Abraham Lincoln, often ideologically convoluted on the subject of secession and the sanctity and inviolability of the union, posited on the floor of Congress in 1847 that “any people, anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right which we hope and believe is to liberate the world.” And in his 1861 Inaugural Address, he proclaimed that “whenever the people shall grow weary of the existing government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.” So much for indivisibility in perpetuity. Not even the pre-eminent “one nation, indivisible” advocate himself believed that.

Logically, since secession was never in any way prohibited under the constitution, under the 10th Amendment, therefore, States have clearly reserved the right to secede from the union. In fact, contingent upon their ratification of the Constitution, and without any voices of objection raised by either the Framers or other states, Virginia, Maryland and Rhode Island explicitly reserved their right to secede, i.e. to  reassume those powers granted to the federal government, should their sovereign rights be violated by the latter.(Note: Virginia cited its conditional ratification of the Constitution as a legal basis for her subsequent Ordinance of Secession.)

As H. Newcomb Morse points out in the Stetson Law Review, “because the Constitution did not forbid secession, then every state acceding to the Constitution had the implied right of seceding from it” as well. To wit, the 10th Amendment clearly stipulates that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Slamdunk obvious to all but the hardened big government nationalist that nullification and secession remain perfectly constitutional and anything but treasonous .

Further, in the Madison Papers, James Madison observed that implicit in the contractual relationship between the states and the federal government “a breach of any one article by any one party [to this contract], leaves all other parties at liberty to consider the whole convention as dissolved.” Thus, if the Founders intended the union to be legally indissoluble, would not the Framers and Ratifiers have specifically included that prohibition in the Constitution? Of course. And given that the northern armies were withdrawn from southern states only after those states had each incorporated into their constitutions (with a gun barrel to their heads) a clause specifically relinquishing their right to secede in the future, a reasonable person must logically conclude that the inherent right of secession most certainly existed. Like, how could the states surrender a right unless they had it in the first place? Also, were any leaders of the defeated Confederacy tried for treason by the victorious North? Nope! As Gene Kizer noted in his Right of Secession, “there were no treason trials against former Confederates because any one trial would likely prove the legal right of secession, and imminently practical Northerners were not about to lose in a court of law what they had won on the battlefield.”  

Thomas Jefferson’s Kentucky Resolutions of 1798 reaffirmed state sovereignty and independence and the absolute right of the states to determine for themselves when the Constitution which embodies the state-federal contract is violated by the federal government. In short, Jefferson observed that “the several States composing the United States of America, are not united on the priniciple of unlimited submission to their General Government.” And in his draft Declaration of Protest in 1825, Jefferson noted that while the states greatly valued the “blessings of their Union” that “they would, indeed, consider such a rupture as among the greatest calamities which could befall them; but not the greatest. There is yet one greater, submission to a government of unlimited powers.”

Without specifcally reviewing the litany of American nullification and secessionist activities here, the reader is encouraged to research, among others, the following nullification and secessionist events in our country’s history: New England’s Hartford Convention which set New England on the course of secession, precluded only by the sudden conclusion of the War of 1812 in 1815; the Tariff Compromise of 1833 which merely delayed the inevitable constitutional showdown between the South and the North; nullification by ten northern states of the Fugitive Slave Laws of 1850; the Kentucky and Virginia Resolutions of 1798 authored by Jefferson and Madison in opposition to the Alien and Sedition Acts, etc………

In the Constitutional Convention of 1787, the word “accede” (agree to), which is the opposite of the word “secede”, was liberally used to describe the legal relationship between the ratifying States and the Union. And to short-circuit any specious argument that the Constitution was not a co-equal compact between the States and the federal government, these quotes from James Madison himself:

“That this assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact, to which the States are parties.” (Virginia Resolutions of 1798)

“[The Constitution is] a compact among the States in their highest sovereign capacity.” (Madison’s ltr to Mr. Everett in 1830)

Some have and will continue to desperately advance the argument that the preamble of the Constitution speaks about “We the People” as the forgers of the Constitution, thus undermining the compact argument, the latter which forms the legal basis for the right of a state’s withdrawal from the union. In fact, the Constitution was, indeed, ratified by the people of each state, BUT in special State constitutional conventions and not directly by the people. Thus, it is obvious that the Constitution was not ratified, (acceded to) by a referendum of the general American population of a non-existent supreme nation state. In fact, the use of the words “We the People” in the preamble was necessitated by the practical matter of the Founders not being able to accurately predict which of the States would evenutlaly accede (join) and which would not. Thus, listing the individual sovereign states in the preamble as parties to the union before all States actually acceded was impractical. In fact, had the Convention listed the States and all but one acceded, then the “union” would have been invalid owing to an absence of unanimity. Thus, the Constitution applied only to those states which ratified it which, at the beginning, consisted of only nine of the thirteen States. Implicit then is the fact that from the outset States were not and could not be coerced into joining the union. Thus, ratification was a strictly voluntary process and the framers never delegated authority, either explicitly or implicitly, to the federal government or to any of the other states to coerce individual states into joining or remaining in the union.

An astute and highly regarded student of American democracy, Alex de Tocqueville, in his Democracy in America,  observed that “the union was formed by the voluntary agreement of the States; and in uniting together they have not forfeited their nationality, nor have they been reduced to the conditon of one of the same people. If one of the States chooses to withdraw from the compact, it would be diffcult to disprove its right of doing so, and the Federal Governement would have no means of maintaining its claims directly either by force or right.”   That said, what most folks don’t know and precious few historians will tell them is that the South did not simply awake one morning and heedlessly gallop headlong into a glorious, rebel-yelling War of Secession merely to keep slaves in bondage. Not at all. Secession was carefully debated and some of the greatest legal minds of the day were engaged in those debates. Of singular importance in the South’s decision to peacefully withdraw from the union–and only with the consent of the citizens in each state–was the conveniently overlooked fact that for decades the onerous federal taxation of the South had effectively retarded the South’s industrial development, thus arguably ensuring its prolonged dependence upon slave-based agriculture. To wit, an estimated 70% of all federal taxes were paid by 6 million Southerners, all of which was spent in the North and West where nearly 20,000,000 citizens resided! Clearly, a disproportionate and unconstituional burden on the South. Also, for years high-minded Northern Abolitionists actively and illegally aided and abetted slave revolts in the south which resulted in property damage and no small amount of discord and instability in the south.

Of fundamental importance too is the fact that the wealthier North which relied upon a captive Southern market to sustain its prosperity was averse to allowing the South to peacefully withdraw from an increasingly unproductive and economically onerous union with the North. Thus, though reluctant to make the break, the South, feeling itself victimized and bereft of reasonable options, could no longer rationally justify its remaining in the union at any cost. And, of course, that was their right then, and it remains the constitutional right of all states today.

And this extremely important point: though Art 1.10 of the Constitution reads, in part, “No State shall enter into any Treaty, Alliance or Confederation…without the consent of Congress”, as a practical matter the southern States did not violate this article in 1861 because they hadn’t confederated or allied themselves with one another until AFTER each had separately withrawn from the Union. Only after they had each withdrawn from the united States of America did they individually opt to become members of a new Union, that being the Confederate States of America.

So, whether the revisionists and nationalists like it or not, both nullification and secession are completely legal and respected constitutional principles. Clearly, our Founders would solidly espouse the view that if nullification were to fail to safeguard individual liberty, constitutional order and the rule of law, then rebellion and/or secession would be the only reasonable, albeit unfortunate, lawful recourse.

Back now to America’s transformation and our path forward.   When in the 50’s Nikita Khruschev warned that the Soviet Union and Communism would “bury” the USA and the West, he was only half right. I believe that the American union as we know it is being “buried”, but it is Americans who are doing the shoveling and the Progressives who are hastening the process.  Since the advent of Progressivism over a century ago, America’s transformation has been underway. What the Soviets couldn’t accomplish by bluster and intimidation, Progressives have been striving to achieve with surprising success and rapidity. But, not all Americans have been content with that conversion.

Greatly contributing to the accelerating political and cultural polarization in the country is the current President’s tactical reliance on racial politics and class warfare to further exacerbate those societal divisions necessary to “fundamentally transform the United States of America”, the goal of which is to usher in a welfare state of dependent citizens, something totally foreign and, indeed, anathema to most Americans.

In a persuasive article appearing on the FactsNotFantasy blog, author Alan Caruba succinctly summarizes the accelerated makeover Obama and his predecessors have been perpetrating. To wit, the federal government has seized control of one-sixth the nation’s economy, by “asserting control over the provision of healthcare”, the administration has seized control of GM and Chrysler “arbitrarily casting aside the rightful expectations of their bondholders and other creditors”, the administration is favorably considering a UN treaty “that would render the Second Amendment null and void”, the administration has sued AZ for enacting an immigration law that mirrors its own and has joined legal forces with foreign countries to similarly sue AZ and other states who are attempting to stem the tide and cost of illegal immigration in their territories, the FCC is asserting its control over the internet despite a court order to cease and desist, and the explosion of an overreaching and extremely costly federal empire of agencies with “no legitimate basis in the Constitution” has become the order of the day (Dept of Education, EPA, Dept of Energy, to name a few). And as the big government tide continues with breathtaking rapidity, grassroots and state-level pushback has begun in earnest. Nullification and secessionist movements are growing in popularity and strength, and both options are now considered by many thoughtful Americans as perfectly legitimate and even inevitable.

If Americans cannot soon reverse the Progressive/Statist tide and return to their constitutional and republican roots, the slide toward disunity is most certainly irreversible.

Finally, being inevitable in the human experience, change should not necessarily be feared or stubbornly resisted. If the cultural and political changes serve to safeguard the liberty, security and happiness of a society, then it should be embraced. However, should the changes occasion a reckless disregard for individual rights and the individual pursuit of happiness, then it is up to “we the people” to re-direct the course of events. Unity simply for the sake of unity is hollow and potentially suicidal. The challenge, then, is to either 1) forge a workable division of the union which would safeguard state and regional self-determination, or 2) fully restore federalism as orginally intended by our Founders, this to preserve our political unity while protecting diversity among the states. The only other choice is for us all to quietly submit to an authoritarian national government. What shape the eventual transformation takes is completely in our hands, and that is precisely where it should be.  And with the seminal 2012 elections looming, the shape of that transformation may well be clarified much sooner than any of us may have expected.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certqain unalienable Rights, that among these, are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed. That, whenever any form of Governmetn becomes destructive of these ends, it is the Right of the people to alter or to abolish it, and to institute new Government, laying its foundaiton on such Principles, and organizing its pOers in such form, as to them shall seem most likely to effect their Safety and Happiness…But when a long train of abuses and usurpations, pursuing invariably the same OBject, evincs a desing to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Governement, and to provide new Guards for their future Security.” Declaration of Independence, July 4, 1776

“The several States composing the United States of America, are not united on the principle of unlimited submission to the General Government.” Thomas Jefferson, Kentucky Resolutions, 1798

“It should be remembered that the founders, by their own actions, showed that they considered liberty more precious than unity.” Robert F. Hawes, Jr. One Nation, Indivisible? 2006

The ultimate authority, no matter where any of its derivatives may be found, resides in the People alone.” Thomas Jefferson

Obama AGAIN Violates the Constitution

“If Congress won’t act, I will!”

And with those imperious words, last week Comrade Obama again circumvented Congress and violated the Constitution. By announcing four “recess appointments” while Congress was in proforma session–NOT in recess–Obama blatantly violated his oath of office and committed an impeachable offense.

To Obama, a hard-boiled, narcissistic Statist, the ends always justify the means, our obsolete Constitution and pesky Rule of Law be damned. The litany of Executive usurpations since he took office in 2009 is, to say the very least, breathtaking, and the relentless advancement of his “fundamental transformation of the United States of America” remains very much on course. Frankly, I shudder in anticipation of what other breaches of trust await us before Inauguration Day 2013.

When I heard about this abuse of power, and after fully reviewing the matter, I immediately telephoned Speaker Boehner’s office urging the Speaker to warn the President that he should either immediately withdraw the appointments or face impeachment. While the spokesman acknowledged the receipt of many similar calls on this matter, I sensed a decided lack of urgency on his part. Reminding him that Boehner’s oath of office to uphold the Constitution should take priority over party politics, I courteously and firmly repeated my concern and my request for action. He assured me that a written reply from Speaker Boehner would be forthcoming. At that point, I identified myself as a member of the Monroe County Republican Committee, and indicated to him that the Speaker’s reply would be shared with my fellow Committee members.

I also emailed my Democratic representative urging her to either co-sponsor or introduce Articles of Impeachment, and requested a reply as to what, if any, actions she planned to take.

Coupled with a request that my fellow committee members also register their concern with Speaker Boehner, I provided the Committee with a copy of my email communications with both Boehner Rep. Hochul.

Following these communications, I quickly submitted the following editorial to the local Democrat & Chronicle:

“In the sole interest of advancing his political fortunes, last week the President arrogantly circumvented Congress and flouted the Constitution.

To many of us, this latest example of executive usurpation lays bare a particularly troubling pattern of Presidential disdain for the Constitution and the Rule of Law.

Against the advice of his own Justice Department, the President illegally named four “recess appointments”, three to the National Labor Relations Board and one to the Consumer Financial Protection Bureau, this while Congress was in proforma session—an unprecedented and clearly impeachable abuse of power.

Particularly distressing too was the shameless and reckless chorus of approval for this brazen breach of trust from many of his political allies.

How many more blatant Executive violations of the Constitution and the Rule of Law will be tolerated by Congress and so cavalierly ignored by the media? For better or for worse, that’s the burning question which afflicts an increasingly irritated and distrustful electorate.

On November 6th, let’s pray fidelity to the Constitution and the Rule of Law is restored.”

While I hope my actions are productive, I am still awaiting evidence of actions taken by Boehner, my representative and my Committee colleagues. My fear is that if Congress believes no one cares or no one is watching, this insidious mischief will be ignored with impunity.

At the next GOP Committee meeting, I will enquire of the membership as to any actions taken by them. And if no action was taken, I will resign. When my own political associates become part of the problem–become witting or unwitting parties to the Constitution’s subversion–then that party can no longer avail itself of my support or service, and I will promptly register as a member of the Conservative Party.

I don’t know what else I can do. And while I am hoping for the best, recent experience has taught me to expect the worse.

“A nation of sheep will beget a government of wolves.” Edward R. Murrow

“An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others.” James Madison, Federalist No 48.

“Those who refuse to participate in politics shall be governed by their inferiors.” PLATO

“All tyranny needs to gain a foothold is for people of good conscience to remain silent.” Thomas Jefferson

“Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” Deitrich Bonhoeffer

“If the respresentatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense.” Alexander Hamilton