A Great Week for Liberty

· Thursday, December 16, 2010

Chalk one up for the Bill of Rights, and raise a cup of tea!

"The powers delegated by the proposed Constitution to the federal government are few and defined." --James Madison in Federalist No. 45

The legacy of American Liberty enjoys eight dates of recognition every year, some better known that others. We begin with Patriots' Day in April, then Armed Forces Day and Memorial Day in May, Independence Day in July, Constitution Day in September and Veterans Day in November. This week, we celebrate the last two Liberty anniversaries -- the Bill of Rights ratification on Wednesday and the Boston Tea Party on Thursday.

Thus, it is notable that, in this same week, there was a rare victory in the federal courts upholding Liberty and Rule of Law enshrined in our Constitution and its Bill of Rights.

For many decades, the courts have been dominated by leftist jurists who subscribe to the errant notion of a "living constitution." These judges, who now populate what Thomas Jefferson predicted would become the "despotic branch," have amended by way of judicial diktat that venerable document beyond all recognition. Occasionally, however, a judge who takes his oath literally to "support and defend" our Constitution will rise above the robed despots and decide in favor of Rule of Law.

On Monday, U.S District Court Judge Henry Hudson ruled that one of the key provisions in President Obama's 2,700-page health care law "exceeds the constitutional boundaries of congressional power."

A year ago, U.S. Sen. Jim DeMint (R-SC) raised a Constitutional Point of Order on the Senate floor as ObamaCare was being debated: "Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect," he said, adding, "This is not Liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can." (Or as Jefferson put it originally: "Were we directed from Washington when to sow, and when to reap, we should soon want bread.")

Vindicated by Monday's decision, Sen. DeMint responded, "Today's decision makes it clear that Obama and Democrats overreached and violated the Constitution in their rush to pass a federal takeover of our health care system. Virginia Attorney General Ken Cuccinelli made a compelling case that ObamaCare violated the constitutional rights of Americans by forcing them into a government program against their will. The Constitution neither grants Congress nor the president the power to compel every American to buy government-approved health insurance. The unconstitutional individual mandate is the centerpiece of the health care takeover and today's ruling should signal the beginning of the end for ObamaCare. Congress must listen to the American people and fully repeal ObamaCare immediately."

The plaintiff in the case was Virginia Attorney General Ken Cuccinelli, who said of Judge Hudson's decision, "This case isn't about health insurance, it isn't about health care, it's about Liberty. ... If the feds win on appeal [to the liberal Fourth Circuit Court] it will be the end of federalism. Nothing the federal government does [would be] limited by enumerated powers. Today is a great day for the Constitution. Today the Constitution has been protected from the federal government, and remember, an important reason for the constitution in the first place was to limit the power of the federal government."

One Leftist commentator's response to the decision typifies the Leftmedia's profound ignorance in regard to constitutional Rule of Law. Slate's senior editor, Dahlia Lithwick, claims Cuccinelli has "an aspirational view of the Constitution. There's whole chunks of the Constitution that he wants to do away with. He's challenging the EPA's power to regulate. He's challenging the birthright, the citizenship provisions of the 14th Amendment. He has a sort of a cut-and-paste view of the Constitution."

I suspect Lithwick did not celebrate the 219th anniversary of the ratification of our Bill of Rights on Wednesday. In fact, I am sure that she and her Leftist colleagues have only the most profoundly adulterated understanding of what our Founders intended to convey in our Constitution's first 10 amendments.

At the time of its proposal, there was great consternation as to the need for the Bill of Rights. Some Framers argued that if enumerated, these rights might be construed as malleable rather than unalienable, as amendable rather than "endowed by our Creator" by way of the Constitution's superior guidance, the Declaration of Independence.

Alexander Hamilton wrote in Federalist No. 84: "I go further, and affirm that bills of rights ... are not only unnecessary in the proposed Constitution, but would even be dangerous. ... For why declare that things shall not be done which there is no power to do?"

Hamilton's concerns were both prescient and well founded. The "despotic branch" has, through successive generations of extra-constitutional rulings, treated our Constitution, and especially its Bill of Rights, as, in Jefferson's words, "a mere thing of wax which they may twist and shape into any form they please."

When read in the context in which they were written and ratified, our Bill of Rights is both an affirmation of innate individual rights and a clear delineation on constraints upon the central government, as specified in its Preamble: "The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution..."

In Federalist No. 45, James Madison outlined the clear limits on central government power established in our Constitution: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." That firm belief served as the basis for the Bill of Rights' Tenth Amendment: "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."

In a letter to George Washington, Thomas Jefferson affirmed, "I consider the foundation of the Constitution as laid on this ground: That 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.' To take a single step beyond the boundaries thus specifically drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible to any definition."

The Bill of Rights is the source of Attorney General Cuccinelli's references to "federalism" and "enumerated powers" which "limit the power of the federal government." It is, likewise, the basis of Judge Hudson's ruling. So much for the accusation by Lithwick and her club of talkingheads that Cuccinelli "has a sort of a cut-and-paste view of the Constitution."

Judicial and political despots, and their media minions, should take note of the other historic date this week.

Today is the 237th anniversary of the Boston Tea Party, when "radical" members of a secret organization of American Patriots called Sons of Liberty, boarded three East India Company ships and threw 342 chests of tea into Boston Harbor in protest of unjust taxation and tyranny. Of this event, the Men from Marlborough wrote, "Death is more eligible than slavery. A free-born people are not required by the religion of Christ to submit to tyranny, but may make use of such power as God has given them to recover and support their ... liberties."

Three years later, in 1776, this rebellion had grown to such extent that our Founders were willing to give up their lives and fortunes, and to attach their signatures to our Declaration of Independence.

That iconic event in Boston Harbor is the inspiration for the Patriot Tea Party movement that is sweeping the nation today, a renewed quest to restore Essential Liberty and Rule of Law.

The second Tea Party is now well underway, and this generation of Patriots has armed themselves with the most powerful of weapons -- Truth, and a steadfast commitment to our Declaration and Constitution, as bequeathed to them by generations of Patriots gone before.

This is a great week for Liberty, and there are many more to come.

We Need Your Help

"The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave." --Patrick Henry

From our inception to this day, we at The Patriot Post have been vigilant against the threats to our Constitution, and we remain steadfast in our advocacy for Rule of Law. Not since the first American Revolution has our nation faced more crucial battles for liberty.

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Comments

Stan

Unfortunately, the original Boston Tea Party was held a low tide. The perpetrators were forced to jump into the water and smash the tea crates to ensure that the tea was ruined.

Having said that, you have, Mr. Alexander, once again hit the nail on the head. We can only hope that the tide of leftist judges has been severely slowed or even stopped, given the new makeup of Congress.

Posted December 16, 2010 at 12:05:47 PM


Dan McClean

Mark, The "Sons of Liberty" were Masons from the lodge in Boston. They had had their meeting in the lodge room over the Green Dragon Inn and afterwards were having a libation in the inn when they decided to dress as Indians and dump the tea in the Boston Harbor. Paul Revere, a member of the lodge, on a trip to report to the Continental Congress in Philadelphia, visited the Masonic Lodge in Trenton. Upon relating the story of the Boston Tea Party, the Masons in Trenton decided it was only proper that there was also a tea party there. They dumped the tea in the local harbor into the Delaware River.

Today's Tea Party movement is reminiscent of the disgust with government that was harbored by the members of the Boston Masonic Lodge. While most don't know or care who the "Sons of Liberty" were or where they originated, what is important is that the "Spirit of Liberty" is still to be found in most Americans.

Keep up the good work Mark and keep the Spirit alive.

Posted December 16, 2010 at 12:09:50 PM


Dan

Wonder how they ever mandated Social Security?

Posted December 16, 2010 at 12:12:11 PM


Gary Chambers

If the Federal Government can require every citizen to purchase a mandated item then for National Security it is time to Mandate every adult aged 18 and over to purchase a hand gun, be required to have extensive training in the usage of the weapon and if they fail to do so then a heavy fine and / or prison time. The nation would then be safe from occupation by foreign governments. It could also go a long way towards ending robberies , burglaries etc I dont think that the dems would support this but maybe the new Congress would? Either that or give up the mandate idea all together.

Posted December 16, 2010 at 12:13:12 PM


Texas Doc

Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

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.

I am under NO obligation to give up my rights/powers as a citizen regardless of what congress or the courts say. The Constitution was written in English, as were the Federalis Papers, so that I don't have to be told what my rights and powers as a citizen are. ...and I will not go quietly into the night.....or anywhere else.

Posted December 16, 2010 at 12:28:44 PM


Morning GLory

Thank you, Mr. Alexander, for a very thoughtful and well written article. I appreciate the time and effort you extend from week to week keeping us informed and updated. I'm always in prayer for our nation. The Bible says that He (God) raises kings up and takes them down. Perhaps we are seeing the very beginnings of the "down" part of this verse. Through Christ we can do all things. we must not forget that God always works with a small number of people and accomplishes the impossible. I'm so glad I'm among that "small" number!

Posted December 16, 2010 at 12:29:15 PM


Anton D Rehling

Do you all think King George III would have allowed an election to free the colonies from his tyrannical rule?

Do you really think that the push to tyrannical rule by our elected pukes and the unconstitutional legislation that has been enacted over the last 100 years will be allowed to be reversed by an election or two in this country?

The current Tea Party movement is about two years old; we declared our independence three years after the Boston Tea Party of 1773.

How long do you think a free population will be idle while their liberty is being stolen?

There comes a time when the threat of the brute force of government will no longer restrain those who love liberty.

Posted December 16, 2010 at 12:46:34 PM


Larry

Alexander Hamilton wrote in Federalist No. 84: "I go further, and affirm that bills of rights ... are not only unnecessary in the proposed Constitution, but would even be dangerous. ... For why declare that things shall not be done which there is no power to do?"

Hamilton's concerns were both prescient and well founded. The "despotic branch" has, through successive generations of extra-constitutional rulings, treated our Constitution, and especially its Bill of Rights, as, in Jefferson's words, "a mere thing of wax which they may twist and shape into any form they please."

Permit me to disagree with Mr. Hamilton and Mr. Alexander. In Mr. Hamilton's time King George had trampled our unwritten and inalienable rights and in our time the liberals/leftists have trampled our in alienable rights though written. They need to be not only written into our Constitution but penalties need to be attached for those who would abbrogate or usurp those rights.

Posted December 16, 2010 at 1:02:20 PM


Barry

Good article. I wish you had mentioned Marberry v Marshall, the ruling that set in motion the despotic court.

Posted December 16, 2010 at 1:04:29 PM


Bob

Right on Mark! A Constitution does not make sense legally unless laws and the government and others must "support and defend" the meaning of that Constituion. You are at a key point in the history of defending that Constitution in that you have established this site and apparently the intent to establish stronger the "rule of law" rather than the freedom to enact any law regardless of whether the Constitution permits that new law.

As I earlier mentioned to you, Louise Leigh was also important in establishing Constitution Day as it was she who vigorously lobbied Congress and others in her efforts to establish that day and continued yearly to seek broadcasting of the reading of the Preamble on radio or TV by a national politician. She finally convinced Senator Robert Byrd to introduce the law establishing Constitution Day. (Louise Leigh passed away on Dec 6 2006. She would be in support of your efforts.)

However, it is now, when the Tea Party movement has had enough influence to greatly affect the November election as it did, that you must keep up your efforts and seek to expand to inform others of the need to support the principles needed.

I wish I could say that my much earlier participation in speech efforts influenced more as I partipated in oratory and extemporaneous school speech contests on the Constitution and debates on government and Constitutional efforts. However, it did have an effect on me, even if it did not seem to affect others much. I did benefit from an American Legion scholarship which they sponsored then regarding the Constitution. I believe they might still do that. Again, right on, Mark. Keep up the work!

Anyway, you have taken the torch and will probably pass it on to others in your efforts to support Constitutional principles. Rright on!

Posted December 16, 2010 at 1:05:10 PM


S. J. Landaas

It is clear that Obama has absolute contempt for the Constitution. I hope the new congress has enough backbone to make Obama’s life intolerable to the point that he will not want to seek a second term. The Constitution is firmly establishing and will survive Obama’s disdain. Look forward to 2012 election. Merry Christmas.

Posted December 16, 2010 at 1:34:21 PM


Stan

S.J. Landaas: surely you must realize that Obama has two dominant characteristics - he is power hungry and is an over-the-top narcissist. Given that, there is no way he will not seek a second term no matter what Congress does or doesn't do between now and the election. It is up to true Patriots to send him back to the cesspool...er, Chicago...with his tail between his legs. He will not go quietly into the night or anywhere else, either.

Posted December 16, 2010 at 1:55:54 PM


Dr Freeman L Garrett

Great article. As our government appears to be heading down the road to "Taxation without Representation", we can see a powerful new Tea Party on the horizon. We tried at the ballot box. That doesn't seem to be working as evidenced by the huge spending bills now being passed. It will take nothing short of a massive taxpayer rebellion to get their attention.

Dr G

Posted December 16, 2010 at 2:04:30 PM


Merry Colin

Mark,

I can't thank you enough for your quote of the preamble to the Bill of Rights, which would be more properly named the "Bill of Protections". That essential preamble uses the words "declaratory and restrictive" to describe these amendments. In historical context, as well as in today's common meaning of these words, this preamble states very clearly that ANYTHING in the body of the Constitution that would conflict with these "declaratory" amendments would be "restricted" or void and unenforceable. There can be no other meaning!

Please use every opportunity to publish this preamble! I believe most citizens have never seen it and most judges simply ignore it.

Posted December 16, 2010 at 2:19:06 PM


Jane

Appreciate Mr. Alexander's essay today and all the comments, especially those of Mr.Chambers and Morning Glory. Too bad the despicable Abe Lincoln did not share President Washington's concept of States rights and the limits of federal power. What the States lost under Lincoln's rule has never been regained. A precedent was set and we are seeing it extended down to the present day and the accompanying loss of our liberties and freedoms.

Meanwhile, my grandchildren are being taught that he is one of our greatest presidents ever, and the Lincoln Myth contnues to be perpetuated. Having said that, I would love to see a requirement, which would certainly ensure "providing for the common defense," which Switzerland has, that every head of household own and be trained in the use of, a gun. Hardly any crime to speak of in that country.

Posted December 16, 2010 at 2:34:26 PM


tom

mark: you need to dissect in detail what the slate editor, dahlia liftwick, said about the judge's decision. how can a judge take whole chunks out of the constitution. i suspect that the editor was not specific enough so that her remarks could b debated; those on the left usually like to make inflamatory remarks designed to cause shock without showing in exact detail support for their statements. they know most people will not require this. this is why we cannot believe what they say, and instead dismiss what they say out of hand. they are not interested in genuine debate; they just want impose their will without debate, as they did with the health care bill. now they are ramming thru repeal of dont ask dont tell.

these people do not like genuine debate.

Posted December 16, 2010 at 2:37:41 PM

Editor's Reply:

Her knee-jerk remarks were in reference to Virginia Attorney General Ken Cuccinelli, not Judge Hudson. However, you are correct in that her "analysis" was about an inch deep and mile wide -- but who among her liberal readers can discern the difference between the truth and the lies regurgitated in the Leftmedia? Große Lüge, or the Big Lie, was coined by Hitler in "Mein Kampf," where he wrote: "All this was inspired by the principle--which is quite true within itself--that in the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods. It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously. Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying."

Ray Johnson

It is with great interest that I read the ruling on the dictated universal purchase of health care. It leads me to think about other universal requirements for the good of the masses: Drivers licenses, hunting licenses, firearms licenses, building permits, on and on. While those I have listed are all enacted by the states and accepted in our society now, I wonder why all of them are not unconistutional. Can we ever rebuild the freedoms we have lost? I doubt it but we can sure work to keep the ones that remain.

Posted December 16, 2010 at 3:22:44 PM


Howard Last

Gary Chambers, take a look at the Militia Act of 1792, it is still on the books. The same Congress that ratified the Bill of Rights, passed it.

When are the various state governors and legislators going to tell the feds to go pound sand when they try to enforce an unconstitutional rule or law. Specifically the taking of state land.

Posted December 16, 2010 at 4:06:02 PM


Guy L W Hardy

If I may address a concern that seems to bob, iceberg-like, in the sea of thoughts and opinions:

Perhaps the people of this country have held their hands back from action because they are waiting for a clear and unmistakeable indication that such action—as is appropriate to war—is seen.

War is a time of final decisions and extreme actions — such that there is no recalling them. Mayhem, havoc, and death leave indelible scars and bodies dead to all but God. It is only human to want to avoid such irreversable ends until they are the only appropriate course of action left.

The taking of a life is not to be done lightly.

Posted December 16, 2010 at 7:31:44 PM


Ronald R. Cherry, MD

"A Great Week for Liberty"

Yes, and a good time to review the definition of human liberty:

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others." Thomas Jefferson

http://etext.virginia.edu/jefferson/quotations/jeff0100.htm

It follows from Thomas Jefferson that:

1. Wrongful liberty is unobstructed action according to our will with no limits, or within limits drawn around us by the inferior rights of others.

2. Tyranny (from the point of view of a tyrant) is the same as wrongful liberty.

3. Tyranny (from the point of view of a serf) is obstructed action according to the tyrant’s will within limits drawn around us by the superior rights of others.

A careful review of Thomas Jefferson's definition of human liberty, and the individual's sacred God-given right to liberty, is past due.

Posted December 16, 2010 at 9:47:08 PM


Cea Miks

Mark Alexander said, "A Great Week for Liberty," - yeah, on the one hand. On the other hand, we're smacked down with a voted-on massive omnibus $Trillion spending bill with oodles of pork earmarks. What do you call THAT?

In addition, Obama is colluding with the CFR/SPP New World Order in quietly erasing the borders with Mexico and Canada according to the oral (without the signing of any internation agreement between George W. Bush, then-president Vicente Fox, and then-prime minister Paul Martin in Waco, Texas on March 23, 2005 at a trilateral summit meeting)! Want to read the true story of the goings-on without oversight from Congress and bonafide American citizens? Check it out, a phenomenal alert piece by Jerome Corsi at:

http://www.wnd.com/?pageId=240045

Ms. Cea Miks - Winthrop Harbor, Illinois

Posted December 16, 2010 at 10:03:57 PM


Rick Keen

Gary, thank you for saying that. I see people everyday comparing these times to the beginning of the War of Independance, but they seem to have not been studying history. Yes, King George and the British government did many of the things to the American people that are happening now. However, these were not what prompted them into taking violent action. It was not until the British military took to violence before the American Patriot's "stood the line".

We are not at the point where violence is what is needed. Will that day ever come? I pray that it doesn't. I do not want war visited upon my children, or my soon to be born first grandbaby.

The first people to commit violence will be the ones that are wrong. And those will be the ones I stand against. I am still beholden to my Oath of Service to the Constitution, and will remain that way until I meet my Maker. It is my hope that I will have been judged to have been honorable, loving and kind.

So many people fantasizing about a shooting war to kick em out. Stop fantasizing about taking life, there is nothing glamorous about it, and should only be done because there is no other choice. Take this from someone that knows first hand.

Posted December 16, 2010 at 10:07:15 PM


Trevor Dupuy

I applaud your reference to the Preamble to the Bill of Rights; however, I believe you skipped over its most important phrase: ..."in order to prevent misconstruction and abuse of its powers..." which is the only place in the Constitution to address the issue of who has the power to be final arbiter of what constitutes misconstruction or abuse of constitutional powers. The answer, of course, lies in the final sentence of the Bill of Rights, known as the Tenth Amendment. That power belongs to the States and the people - not the Supreme Court.

Thus, as Thomas Jefferson stated in the 1798 Kentucky Resolutions, the rightful remedy to unconstitutional federal actions/legislation is State Nullification. I believe, therefore, that each State can and should declare null and void (nullify) within that State's borders any federal law which it determines to be an unconstitutional intrusion on the State's or people's own powers.

Furthermore, rather than concede final arbiter authority/power to the federal government (Supreme Court) by suing the federal government over the constitutionality of its own federal law (a breach of the legal principle of "arms length"/"conflict of interest"), the States together should also create some formal "States' Constitutionality Authority" to make the final determination of constitutionality of a federal law. Such a body could also be used by the States to initiate a Constitutional Amendment without getting into the possible quagmire of a Constitutional Convention. Both of these functions would require a Constitutional Amendment, but I believe the time is right to start such an initiative.

Have you given this any thought?

Posted December 17, 2010 at 1:38:46 AM


USN, Ret.

Thank you, once again, for a most compelling writing! The DREAM Act, a euphimism for amnest, again,is a direct affront to the (North) American People.

The Amendment (14) that granted Negros, former slaves, citizenship does not in any way bestow citizenship to children brought here by trespssers from other Nations. The insert, "many of these children do not speak Spanish--" is beyond specious! Children? To age 35? The intent of those pushing this act is clear. Amnest! Again!

Children born to (legal) visitors do not become American citizens, nor do the children of Diplomats.

The invasion of this Republic by Mexico, et al, should not be accomodated. It should be repelled. Now!

Posted December 17, 2010 at 1:23:58 PM


Major Stu

I am not familiar with the contents of Slate to any great extent. I have better things to do with my time. I will occasionally see a link on a blog or Drudge report. However, I would be interested to see if Editor Lithwick has taken any pro-abortion, progressive tax, illegal immigration, global warming subsidy, or gun ban proponents to task for their "cut-and-paste" approach to Constitutionality.

Posted December 19, 2010 at 1:11:48 AM


Dennis Oliver Woods

James Madison and the other Federalist authors of the U.S. Constitution, naturally described it as a limitation on Federal power, but Anti-Federalists like Patrick Henry had no such illusions.

On the floor of the Virginia Ratifying Convention, June 9, 1788, Henry warned: "A number of characters, of the greatest eminence in this country, object to this government for its consolidating tendency. This is not imaginary. It is a formidable reality. If consolidation proves to be as mischievous to this country as it has been to other countries, what will the poor inhabitants of this country do? This government will operate like an ambuscade. It will destroy the state governments, and swallow the liberties of the people, without giving previous notice."

The full force of that consolidation is now brought to bear upon us, "the poor inhabitants of this country." It is distressing to see you quoting Patrick Henry out of context in support of the Federalist Constitution for he fought against its ratification tooth and nail.

It was heartening to see your quote of Isaiah 9:6 this Christmas season: "...unto us a Son is given; and the government shall be upon His shoulder." Unfortunately, the U.S. Constitution championed on this site snubs Christ and rejects His law of liberty at Article VI, Section 1: http://www.America-Betrayed-1787.com

Posted December 20, 2010 at 10:08:22 AM


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