By Publius Huldah ——Bio and Archives--March 29, 2011
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...He's ordering his Justice Department not to defend a federal law. Nobody has said the law is unconstitutional other than Obama and Holder, and they don't have the power to do that ... For a president to ignore a federal law ... for him to act as legislature and court ...is hugely troubling ...
If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed [the Constitution], and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. [emphasis added]Did you get that? Read it again.
...would not be the supreme law of the land, but a usurpation of power not granted by the Constitution... [boldface mine]In Federalist No. 78 (10th para), he says:
...every act of a delegated authority, contrary to ... the commission under which it is exercised, is void. No legislative act ... contrary to the Constitution, can be valid. To deny this, would be to affirm ... that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. [emphasis mine]Do you see? If Congress makes a law which is not authorized by the Constitution, then it is no "law" at all. It is a "mere usurpation" - it is "void" and "not valid".
...In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.If any Branch fails to obey the "supreme Law", then, in order to preserve the Rule of Law, the other Branches, or failing that, the States or THE PEOPLE, must overrule them.
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.Article VI, clause 3, provides that all other representatives, officers & judges (federal and state) are bound to support the Constitution.
...The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary ... has no influence over ... the sword or the purse; no direction ... of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. [caps are Hamilton's, other emphasis mine]Do you see? (c) The States must nullify unconstitutional opinions. 6 State officers & judges are bound by Oath to support the Constitution (Art. VI, last clause). So they too are Honor bound to refuse to comply with unconstitutional federal court opinions, as well as unconstitutional federal laws, executive orders, & pretended treaties which affect them & their Citizens.
...the success of the usurpation [by Congress] will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last resort a remedy must be obtained from the people, who can, by the election of more faithful representatives, annul the acts of the usurpers. [boldface added]So! It is up to The People, who are "the natural guardians of the Constitution" (Federalist No.16, next to last para), to take whatever action is necessary when their representatives in the federal government concur with the usurpations of another Branch - and thereby violate their Oaths to preserve The Constitution. How do we become "enlightened enough" to do this? Read The Declaration of Independence & The Constitution - read them often. The more you read, the more you will come to see that The Constitution gives effect to the Principles of the Declaration. Outline The Federalist Papers. Get Mary Webster's edition in modern English for yourself and the young people in your Family. Consult Webster's 1828 Dictionary for definitions. Be careful whom you trust - most conservative lawyers have minds like blank sheets of paper which got imprinted in law school; and the conservative commentators regurgitate what the indoctrinated lawyers tell them! Study so that you can speak like this wonderful woman who challenged Rep. Pete Stark on obamacare. Stop wasting your time on bizarre theories about the UCC, "emergency powers", gold fringe on flags & admiralty jurisdiction, and other such silly stuff. It may be tempting to place the blame on others who are in a secret cabal to take away your rights via nefarious schemes such as the UCC or adding gold fringes to flags; but the Truth is that you, along with everyone else, haven't bothered to do the Work to learn our Founding Documents & Principles. Lose your pride in your own knowingness about The Constitution: What you think you know, just ain't so; and the misinformation in your head blinds you to Truth. When you just repeat the stuff you hear, you add to the problem. Millions of Americans heard Rush & Newt and were mislead by the misinformation those two spread. And for Heaven's Sake, don't advocate ratification of Amendments to the Constitution until you fully understand the existing Constitution! [And if you fully understood it, the only amendments you would want are those repealing some of the previous amendments.] Stop thinking like a slave - we have become a Country of "permission seekers". For every issue, we want to file a lawsuit in federal court. Why? Because we don't want to take Responsibility for dealing with the issue ourselves. Spend a few hours studying the Declaration & Constitution and you will know the Constitution doesn't give Congress authority to force you into a government controlled "health care" system. You will know it doesn't give the Executive Branch authority to control CO2 emissions. You will know it doesn't give the Executive Branch & Congress authority to force us into pernicious UN treaties such as the Declaration on the Rights of the Child & to implement [as they are doing right now] the UN's Agenda 21 "sustainable development" scheme. Many federal judges are our enemies - they are the last people you should ask for permission to have constitutional government. WE need to "man up" and take responsibility. As Madison advises, defeat elected federal & State officials who have betrayed us; and replace them with faithful servants who will annul the acts of the usurpers. Learn your State's recall statutes - recall faithless elected officers. Learn your State's impeachment procedures - demand impeachment of faithless State judges and officers. Demand impeachment of faithless federal officials and judges. Demand that each house of Congress expel members who usurp power (Art. I, Sec. 5, clause 2). Expel the loons in the House! Learn about Nullification by States and restore Jury Nullification in criminal cases. 7 Learn about Federalism. Urge repeal of the 17th Amendment to help restore "federalism". Learn from the heroic Rev. Dr. Martin Luther King, who practiced non-violent civil disobedience of unjust State "laws" which enforced segregation. Withdraw your concurrence to usurpations. Endnotes: 1 Rush's show of Feb 24, 2011. When Rush speaks on the Constitution, beware! But when he speaks on other matters, he can be brilliant. And Gingrich, who is supposed to be an intellectual & an expert, showed he is profoundly ignorant of our Founding Principles. 2 Art. I creates the Legislative Branch & enumerates its powers. Art. II creates the Executive Branch & enumerates its powers. Art. III creates the Judicial Branch & enumerates its powers. 3 You may object, "But Art. II, Sec. 3 says the President "shall take Care that the Laws be faithfully executed!" And I would remind you that an unconstitutional "law" is no law at all - it is "a mere usurpation and deserves to be treated as such" - it is "VOID" & "not valid" 4 In Federalist No. 66, 2nd para, Hamilton points out that Congress may impeach & remove the President for "encroachments" on the powers of the Legislative Branch. So if Congress objects to your ignoring their pretended law, they may impeach & remove you. 5 Hamilton says in Federalist No. 78 (7th para up from bottom) that judges may not ...substitute their own pleasure to the constitutional intentions of the legislature ... The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would ... be the substitution of their pleasure to that of the legislative body... [caps are Hamilton's] When federal judges substitute their pleasure for that of Congress [when Congress' acts are constitutional] Congress is honor bound to impeach & remove them for their usurpation. And everyone else is honor bound to spit on the judges' unconstitutional opinion. Yes! It takes he-men & she-women to enforce The Rule of Law! Man up, People! 6 The supreme Court issues unconstitutional opinions all the time. Look at how they perverted the 14th Amendment and the 1st Amendment! In these (& other) cases, they substitute their pleasures for the Will of The States and The People. 7 Webster's 1828 Dictionary has the following entry under "jury": "...Petty juries, consisting usually of twelve men, attend courts to try matters of fact in civil causes, and to decide both the law and the fact in criminal prosecutions ..." [emphasis added] Would you convict someone for the "crimes" of failing to buy health insurance or failing to wear the armbands? THAT is the essential purpose of Jury Nullification in criminal cases. Get your Legislatures to restore it and insist that it be applied in federal criminal trials conducted in your State. PH
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Publius Huldah is a retired lawyer who lives in Tennessee USA. She writes on the U.S. Constitution. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge).