Tag Archive: James Madison


Tea Party, Taxes And Why The Original Patriots Would’ve Revolted Against The Surveillance State

 

We Rebelled Against Much Less

 

 

” Let’s just imagine we could transport an Internet-connected laptop back to the 1790s, when the United States was in its infancy. The technology would no doubt knock the founders out of their buckle-top boots, but once the original patriots got over the initial shock and novelty (and clearing up Wikipedia controversies, hosting an AMA and boggling over Dogecoin), the sense of marvel would give way to alarm as they realized how electronic communications could be exploited by a tyrant, such as the one from which they just freed themselves.

 As America’s first unofficial chief technologist, Benjamin Franklin would be the first to recognize the danger and take to trolling the message boards with his famous sentiment: Those who would trade liberty for safety deserve neither. (And he’d probably troll under a fake handle, using Tor, since the patriots understood that some truths are best told with anonymity.)

  Mass surveillance was not part of the original social contract—the terms of service, if you will—between Americans and their government. Untargeted surveillance is one reason we have an independent country today.

  Under the Crown’s rule, English officials used writs of assistance to indiscriminately “enter and go into any house, shop cellar, warehouse, or room or other place and, in case of resistance, to break open doors, chests, trunks, and other package there” in order to find tax evaders. Early patriot writers, such as James Otis Jr. and John Dickinson, railed against these general warrants, and it was this issue, among other oppressive conditions, that inspired the Declaration of Independence and the Fourth Amendment.

James Madison drafted clear language guaranteeing the rights of Americans, and it bears reading again in full:

 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

EFF has the story

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The Federalist Papers

“They’ll warn that tyranny is always lurking just around the corner . You should reject these voices .”

Barack Hussein Obama

” The truth is that all men having power ought to be mistrusted . “

James Madison 

Who do you suppose is the wiser individual ? Mr “scholar” we are a Republic , not a democracy !

James Madison

 

 

” Since the general civilization of mankind, I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations.”

 

 

 

 

 

 

 

 

Congress Exempted Itself From Pay Cuts

 

 

 

” In the ongoing federal government shutdown, one fiscal fact has raised some eyebrows. Despite the furlough of many federal employees, members of Congress are staying at work—with pay. One congressman, Rep. Mario Diaz-Balart (R-FL), answered a question about this from CNN’s Wolf Blitzer last week by noting, “There is a bit of a constitutional issue … when you are dealing with the paychecks of members of Congress.”

One generally shouldn’t trust politicians to know what they’re talking about when it comes to the Constitution, but the congressman got this one right. The reason is the 27th and latest constitutional amendment, which states: “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.” “

 

 

Illustration by Gary Varvel

 

 

 

 

 

 

 

 

 

 

 

 

The Wisdom Of The Founders Is Still Evident

 

 

 

” The Federalist Papers are a set of 85 essays written by James Madison, Alexander Hamilton, and John Jay, published in 1787 and 1788. These papers were written in defense of, and promoting, the new American Constitution.

At this time in history, America’s leaders knew that their current system of government, the Articles of Confederation, were not able to sustain their new and fragile country. The Articles were considerably flawed; the state governments held all of the power, and the central government held very little power.

This was the time when the first two political factions arose – the Federalists being in favor of the Constitution, and the Anti-Federalists who weren’t exactly in favor of the Constitution.

People who believe that the Constitution is a living document tend to argue that, “The Federalist papers were written to support the ratification of the Constitution only and are biased papers that don’t explain the intent behind the Constitution.”

However, this could not be more wrong. The entire purpose behind the essays was to support the ratification of the new Constitution as well as explain each part of the Constitution and why it was written the way it was.

Moreover, Hamilton and Madison, who wrote the majority of the papers, were in attendance at the Constitutional Convention; and they were among the thirty-nine signers. Because they were there and participated in the debates, they would have a more working knowledge of the intent behind each part of the new document.

Therefore, when explaining the Constitution in the papers, they were able to give first-hand knowledge behind the intent and creation of the Constitution. “

 

 

 

 

 

 

 

 

Special Subsidies For Hill Workers Trample On The Founders’ Code Of Equal Application Of The Law

 

 

” As close observers of history and human nature, James Madison and the other Founders of the U.S. Constitution knew that the equal and unbiased application of the law to all people, especially elected officials, is essential to freedom and justice and one of the primary safeguards from authoritarianism and oppression by a ruling class.

And so, referring to the members of Congress, James Madison wrote in Federalist No. 57: “[T]hey can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.”

Today, elected officials need to be reminded of these truths. Under pressure from Congress, the White House has carved out a special exemption for Congress and its staffers from ObamaCare—the law it recently deemed necessary for the entire country. No Republicans voted for ObamaCare. Yet it appears that some of them support the exemption President Obama approved on his own—so they would not have to go on record with a vote for or against it.

Congress complains that without its special subsidies the Hill will suffer a “brain drain” as staffers leave their jobs because of increasing out-of-pocket insurance costs. Heaven forbid Congress suffer the same fate as private companies like UPS, which recently had to cut health-care benefits entirely for employees’ spouses; or labor unions, like the 40,000 International Longshore and Warehouse Union workers who recently left the AFL-CIO citing as one factor ObamaCare’s tax on their “Cadillac” health-care plans.”

 

 

 

 

 

 

 

 

Daily Quote 9.8.13

James Madison

 

 

” If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate anything but liberty.”

 

 

 

 

 

 

 

Daily Quote 8.29.13

James Madison

 

 

” Since the general civilization of mankind, I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations.”

 

 

 

 

 

 

Daily Quote 6.30.13

James Madison

 

 

” History records that the money changers have used every form of abuse, intrigue, deceit, and violent means possible to maintain their control over governments by controlling the money and its issuance.”

 

 

 

 

 

 

Barack Obama’s Dead Fly

 

 

 

 

 

 

Obama Is The Ultimate Ad Hominem President

 

 

 

 

” At a fundraising event earlier this week in New York City, President Obama said this:

What’s blocking us right now is a sort of hyper-partisanship in Washington that I was, frankly, hoping to overcome in 2008. My thinking was when we beat them in 2012 that might break the fever, and it’s not quite broken yet. 

As a consequence we get the kind of gridlock that makes people cynical about government. My intentions over the next 3 ½ years are to govern. … If there are folks who are more interested in winning elections than they are thinking about the next generation then I want to make sure there are consequences to that.

In this instance, the most hyper-partisan president in modern times is ascribing that trait to Congressional Republicans. What we’ve learned about Mr. Obama over the years is that he that while he is unusually inept at governing, he’s quite good at campaigning. He certainly enjoys it, having taken the concept of the Permanent Campaign beyond anything we’ve ever seen. It turns out it’s the only thing he does well—no human being in history has raised campaign cash quite like he has—and it’s all he seems interested in doing.

On some deep, subconscious level, though, Mr. Obama seems ashamed of the path he’s chosen. And so the president projects those traits he loathes in himself on to others. To give you a sense of how deep the malady runs, the president does more than merely project; he actually preaches against the very character flaws he himself cannot overcome.

I understand Mr. Obama has complained many times that there are checks on his power, but I prefer the wisdom of James Madison to the ambitions of Barack Obama.

 

 

 

 

 

 

 

Nullification Is No Crackpot Theory

 

 

 

” In a May 2 column [Alabama State Senate Embraces Crackpot, Antebellum Legal Theory], Robert Schlesinger relegated the idea of nullification to the historical trash heap. But if James Madison and Thomas Jefferson strolled down the streets of D.C. today, listening to current political discourse, they’d likely declare conventional wisdom holding the federal government supreme in all it does a “crackpot post-antebellum legal theory.”

Even Alexander Hamilton would undoubtedly express shock. After all, he was one of the first Constitution defenders to point out the limits of federal supremacy in Federalist 33.

Thirteen independent sovereign political societies came together to form the United States, delegating specific powers to a general government. Both supporters and opponents of the Constitution agreed the new government was to remain limited. The ratification debate revolved around one question: Would the Constitution create the limited government intended?

When anti-federalists insisted the government wouldn’t remain constrained, Madison countered that the states would serve as a check. In Federalist 46, he wrote that state “refusal to cooperate with officers of the Union” and “legislative devices, which would often be added on such occasions” would serve to “present obstructions.”

 

 

 

 

 

 

 

 

 

 

 

Daily Quote 3.3.13

James Madison

” Crisis Is The Rallying Cry Of The Tyrant.”

 

Nullification Deniers! This Is What James Madison Really Said

 

 

Nullification

 

 

  A thorough , detailed and link-filled post on why nullification is not only feasible but our right . Very much worth your time .

 

” Nullification deniers such as Matthew Spalding of Heritage Foundation, Jarrett Stepman of Human Events, law professor Randy Barnett,  David 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 mustorder them to do something or not do something.

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

Read The Whole Thing

Josh Marshall Wants You To Know That An Unwillingness To Keep And Bear Arms Is A Virtue

 

 

 

“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”

George Orwell

 

 

” After all, he pays taxes for police and a standing professional army, does he not? He’s covered. So for him to get his hands dirty — and that’s what gun ownership is, a kind of uncouth, quasi-racist filth caked to the paws of those anti-commonsense gun-nut extremists we’ve been hearing from lately, who watch too many movies and fantasize about using their firearms to protect their families or communities (like that ever happens), or who think the 2nd Amendment is a check on government (like a government would ever turn on its largely disarmed people) — why, that’s just not who Josh is. He is above such tawdriness. Removed from such gauche, manual considerations.

Rather, Josh is proud that he, as a member of the civilized, educated class, has put the onus of protecting his family or community or even some nearby innocent from immediate threats in the hands of law enforcement and the military alone — often in contradiction to state constitutions, I might add, which either adopted or served as precursors to the USC for what comes to count as a militia, with distinctions being drawn between the professional militia, the ready militia (able males 17-45 and those who wished to become citizens) and the reserve militia (everyone else, including women and chilren). Or “the people,” all of whom were expected to defend the country should the need arise.

That is to say, Marshall is overtly proud that he’s surrendered his duty as a first responder for himself and his family and, in extremis, his community or nation, for the cheap grace of claiming no taint from the demon metal / polymer killing machine so fetishized by those who don’t recognize that arms are for hugging (and aborting fetuses), not for the pleasure or yahoos who believe themselves some bulwark against imaginary tyrannical evil. Besides, everyone knows the best weapon is an ostentatious new law coupled to a good, hearty Twitter sneer campaign. Drop bon mots, not bombs! “

 

 

 

Bill Maher: ‘A Lot’ of The Constitution is Bullsh*t

 

 

“Political philosopher HBO know-it-all pundit Bill Maher had some really intelligent phraseology to describe The Constitution of the United States:

“I mean, a lot of it is bullsh*t. I mean, the Second Amendment is bullsh*t, the way they interpret the Second Amendment. The left completely forgot how to interpret that. I mean, it really is about militias at a time when, you know, there was a battle between the states and the government. It wasn’t really about private citizens owning a handgun.”

 

 

 

” A brief survey of the literature finds that Maher is an abject ignoramus. Federalist No. 46, written by key Constitutional framer James Madison, for example, had the following to say:

It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes.

In addition, there are the underlying rights, namely, the right to self-defense and the right of resistance. An article “Never Ask Who Should Rule: Karl Popper and Political Theory” written by scholar Andrea Pickel in 1989 described the theory of John Locke: “

 

 

Daily Quote 1.17.13

James Madison

 

 

 

 

“Crisis is the rallying cry of the tyrant”

Nullification: An Overview of its Many Forms

 

 

In The United States, there is NO entity vested with absolute power. The Supremacy Clause does not mean that states are bound by any law that the Congress wants to pass, as simple-minded pop-culture voices imply. It means that states are bound to the principles of The Constitution and the enumerated powers of the federal government. “

 

 

 

” In the nullification movement, there are varying degrees and methods of nullifying certain federal acts.  One who has been with the movement a while could forget and hyper focus on one, leaving someone new to the movement to think of nullification as a very narrow spectrum.

To eliminate that thinking, it is good to go back to the Tenth Amendment Center’s definition of nullification, which is: “any act, or set of actions, that results in a particular law being declared unconstitutional and rendered null, void or even just unenforceable…”

There are so many opinions on nullification, if I listed every article and opinion piece written on it in the past week, I’d probably be finished with this entry sometime around next Christmas.  This is not a bad thing.  If others are talking about it, it means the message is being heard and cannot be ignored.

This is intended to be a general review, so while there is a time for everything under the sun, there is no time to include links and sources today, just a quick refresher.  There is, however, a time when a certain forms of nullification may be more applicable than others.

 

LEGISLATIVE NULLIFICATION

The most commonly discussed type of nullification at the Tenth Amendment Center is legislative nullification.  This is when a State or local government passes a law refusing to comply with a federal action.  In the most forceful cases, this even includes arrest and jail time for federal agents attempting to enforce said federal act.

On the other end of the spectrum, we have nonbinding resolutions warning the federal government that a certain act is unconstitutional and/or unjust, much like a cease and desist letter.  While not outright nullification, these resolutions “till the soil” so to speak, setting the stage for future action.

Legislative nullification can be very useful when used at the right time, such as opposing REAL ID, but can also be abused in rare cases, such as during the period of segregation (more about combating that later).  The stronger bills, which would fall under the category of interposition, could lead to armed conflicts between state and federal officials, so courage and prudence should be carefully balanced when deciding how far a nullification bill should go.
Too little, and the legislature will either wind up having to draft a bill for stronger measures.  Too much, and conflict gets created where it needn’t be.

 

 

Other Types Of Nullification Explored In The Article Include :

 

EXECUTIVE NULLIFICATION

SHERIFF NULLIFICATION

JURY NULLIFICATION

INDIVIDUAL/GROUP NULLIFICATION

 

 

 

Read The Whole Thing . We Have Some Alternatives Besides The Sword . Familiarize Yourself With Our Legal System As We Prepare To Do Battle To Save Our Beloved Constitution .

 

 

 

A BROADER DISCUSSION

When we open our thought processes, and we allow for a broader discussion of nullification, it’s easy to see we don’t just have one hammer with which to try to fix every problem in our broken system.  We have a massive toolkit at our disposal, with a movement consisting of individuals and groups with a very general surface knowledge, specialists in specific areas, and people who have an in depth knowledge of many or all areas of nullification.

The vehicle of liberty is broken and waiting in the shop.  Let’s get everyone working on it, perhaps in different ways, but with the same goal in mind, complete and total restoration.”

 

 

For Further Enlightenment :

What is Nullification?

 

” What Is It?  State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.

Says Who?  Says Thomas Jefferson, among other distinguished Americans. His draft of the Kentucky Resolutions of 1798 first introduced the word “nullification” into American political life, and follow-up resolutions in 1799 employed Jefferson’s formulation that “nullification…is the rightful remedy” when the federal government reaches beyond its constitutional powers. In the Virginia Resolutions of 1798, James Madison said the states were “duty bound to resist” when the federal government violated the Constitution.

But Jefferson didn’t invent the idea. Federalist supporters of the Constitution at the Virginia ratifying convention of 1788 assured Virginians that they would be “exonerated” should the federal government attempt to impose “any supplementary condition” upon them – in other words, if it tried to exercise a power over and above the ones the states had delegated to it. Patrick Henry and later Jefferson himself elaborated on these safeguards that Virginians had been assured of at their ratifying convention.

What’s the Argument for It?  Here’s an extremely basic summary:

1) The states preceded the Union.  The Declaration of Independence speaks of “free and independent states” that “have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.”  The British acknowledged the independence not of a single blob, but of 13 states, which they proceeded to list one by one. Article II of the Articles of Confederation says the states “retain their sovereignty, freedom, and independence”; they must have enjoyed that sovereignty in the past in order for them to “retain” it in 1781 when the Articles were officially adopted. “

 

 

Nullification Documentary Wins Anthem Film Festival Award At FreedomFest

 

 

Nullification: The Rightful Remedy

 

Nullification, A Constitutional History, 1776-1833

 

A Treasury of Quotes About Our 2nd Amendment

 

 

“I ask, sir, what is the militia? It is the whole people, except for a few public officials.”
— George Mason, in Debates in Virginia Convention on Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788

“Whereas civil-rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.”
– Tench Coxe, in Remarks on the First Part of the Amendments to the Federal Constitution

 

 

Check It Out And Bookmark It For Future Reference

 

Daily Quote 12/17

James Madison

image

” History records that the money
changers have used every form of
abuse, intrigue, deceit, and violent
means possible to maintain their
control over governments by
controlling the money and its
issuance. “

What Would Thomas Jefferson Think?

image

” James Madison, in his letter of October 24,
1787 to Thomas Jefferson voiced concerns:
“a majority… united by a common interest
or a passion cannot be constrained from
oppressing the minority.” His words have
now been proven justified.

In writing the Declaration of Independence,
Jefferson, guided by Thomas Paine’s
‘Common Sense’, laid out the grievances
against the king, many of which have now
been foisted upon us by our current rulers.

President Obama, with new found
empowerment from his recent victory, now
has the flexibility he sought, without the
constraints of seeking reelection. The result
will be a more all encompassing
government ruled by those who favor state
control. “

Daily Quote 11/28

James Madison

 

 ” If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress. … Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America “

 

 

 

 ” The Constitution is often hailed as a marvel of brevity and of clarity. It was, however, written in the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us today, if not down right foreign. Some of the more obscure words are defined in The Glossary.

But what of the Constitution itself? What does it mean? What does each article, each section, say?

This page is like a synopsis or summary of the Constitution, article by article, amendment by amendment. This should not be taken as a substitute for the Constitution, but more like a study guide. “

The Founding Fathers

 

 

” Founding Father Family Trees and Bios

WikiTree is my new collaborative history project. Participants have started pages for Green Mountain Boy Ethan Allen, giant Virginian Peter Francisco, philosopher-entrepreneur Benjamin Franklin, bold Declaration-signer John Hancock, Federalist John Jay, President Thomas Jefferson, financial wizard Haym Salomon, General Henry Knox, President James Madison, rabble-rouser Thomas Paine, flag seamstress Betsy Ross, and cousin-of-George Lieutenant Colonel William Washington. There are also interesting pages for Founder of the Daughters of the American Revolution founder Flora Adams Darling and anthem-writer Francis Scott Key. Please check out WikiTree. You might be able to contribute something about one of the founding fathers, or you might want to start your own family history.

 

 

Founding Fathers Image Gallery

Browse Thomas Jefferson art printsGeorge Washington postersfounding fathers clip artearly American flag clip art, and more.”

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