The English Roots of American Liberty

MAGNA CARTA - King John signing

by DIane Rufino, January 20, 2018

From the Declaration and Resolves (petition to King Charles listing the colonies’ grievances against the King and Parliament), the Declaration of Independence, to the Bill of Rights / Declaration of Rights adopted by the individual states, to the US Constitution, and to the US Bill of Rights, the Founding Fathers looked to English history for the words and templates to navigate the colonies towards independence and then into a republic. They reflected on the abuses of the Kings and the compacts demanded by the people to check those abuses, as well as the Enlightenment era philosophy on government in building a lasting republic. It is said that our Founding Fathers were wise and extremely well-read, but moreso, they were keenly aware of England’s history, which was, of course, also the history of the American colonies.

The colonists certainly embraced the liberty they found in the American colonies and the chance they had to self-govern as they saw fit. They worshipped according to their conscience, they engaged in trade freely, and they established their own colonial governments. But then they began to see that new-found liberty in jeopardy. The historic abuses of the English monarchy on its subjects now turned to the colonies. The colonists were taxed without their representation in Parliament (a right listed in the Magna Carta and English Bill of Rights of 1689), their trade interfered with (Tea Act), their colonial assemblies suspended (violation of their colonial charters), they had standing armies kept among them (in violation of the English Bill of Rights), they were forced to quarter troops (in violation of the Petition of Right of 1628 and English Bill of Rights), and their firearms and ammunition were confiscated (in violation of the English Bill of Rights). And when they protested and remonstrated these violations of their rights as English subjects, as those of centuries earlier had done, King Charles III ignored and mocked them. To the King, the colonists were crude, almost laughable in their simpler ways. He accused them of acting like petulant children and essentially being bothersome. He did not answer their written complaints, nor was swayed when they pleaded to him, “as loyal subjects,” to please intervene on their behalf to Parliament (for such things as the Intolerable Acts). By 1774, the King had had enough of them and accused them of being in active rebellion against Great Britain. All the colonists wanted was to have their rights respected. [Watch the DVD Set “Liberty – The American Revolution” (PBS) to feel the frustration the colonists felt in the years leading up to the American Revolution].

The question was this: How would the colonists respond?

Well, we know how they responded. Looking at the totality of the situation (“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States…”), the colonists, assembled in the Second Continental Congress, felt it had no other meaningful course but to seek its independence. In asserting what they believed was their natural right of self-determination and right of self-governance, they took a cue from their English roots (the Grand Remonstrance of 1640) and set forth a list of grievances against the King. In the Declaration of Independence, they listed 27 grievances – abuses of their rights – which, as the colonies declared, justified their separation from Great Britain.

When the fighting began the colonies weren’t seeking their independence; they were merely rebelling against tyranny. But North Carolina and then Virginia, and then others, began to call for independence, and on July 2, 1776, the resolution declaring independence was adopted and on July 4, Jefferson’s formal Declaration was issued – “to a candid world. The rebellion turned into a war for independence. Luckily, trust in George Washington paid off and friendship with France paid off as well. After our victory at Saratoga, France sent troops and its naval forces. British General Cornwallis surrendered at Yorktown, VA on October 19, 1781 and on September 3, 1783, representatives of King George III of Great Britain and representatives of the United States of America signed the Treaty of Paris to officially end the American Revolutionary War. Article I of the Treaty read: “His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states…” The colonies were free.

But then next question was perhaps more important: How would they secure the liberty and individual rights they had just fought for? What kind of government system would best suit that goal?

Luckily our Founding Fathers were students of history and philosophy. They studied the Greek and Roman republics and knew what made them great and what led to their demise. They knew the history of England – a monarchy – and knew that although the great charters of liberty were written by the English to limit the conduct of the King and then to include Parliament, they also knew that those protections often went unnoticed. There were several attempts in England’s history to limit (forever) the rights of kings to place themselves above the law, but in some cases, the king took the “Divine Right of Kings” doctrine far too seriously. The Divine Right of Kings was the political/ religious doctrine in England that asserted that a monarch is subject to no earthly authority, deriving the right to rule directly from the will of God. Indeed, the history of England was a series of repeated events – abuses of the King over his subjects followed by a charter or petition demanding that their rights be acknowledged and that the King recognize limits to his power, followed by periods where the King or Kings ignored the charter/petition and subjects were again abused, followed by another petition, etc. For example, King John (1199-1216) signed the Magna Carta in 1215 after his barons took up arms against him, but almost immediately, he broke those promises. In 1928, Parliament presented King Charles I with the Petition of Right, complaining of a series of breaches of law and the Great Charter (Magna Carta) he had committed. The violations were of four general types – unfair and illegal taxation, as well as imposing taxes without the action of Parliament, many due process violations, including imprisonment without cause, quartering of soldiers on subjects, and imposing martial law in peacetime. The remainder of his reign would be marked with such extreme abuses that he would eventually be brought to trial and executed. James II, his son, would be another abusive king. With James II, the people (and Parliament) had had finally enough. He was removed by a bloodless revolution and the new King and Queen, William and Mary (Mary being James II’s daughter) signed the English Bill of Rights in 1689. Drafted by Parliament, the Bill of Rights officially set limits to the right of kings to put themselves above the law. The statute which offered the throne to William and Mary legally conditioned their rule on signing and respecting it. And subsequent kings would thus be limited as well.

All of our Founding Fathers knew that history very well. Again, England’s history was the history of the American colonies. But it was, after all, a monarchy. And a monarchy, as shown, was incapable of truly securing the inalienable rights of the individual. A democratic form of government would work either. True democracy is mob rule. It is always a rule by the majority. It could easily be tyranny by the majority.

In drafting the Constitution, which created our system of government here in the United States, our founders decided the best form of government would be a republic. Their study of history taught them that. As James Madison, author of the Constitution, wrote in Federalist No. 10: “Hence it is that democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and in general have been as short in their lives as they have been violent in their deaths … A republic, by which I mean a government in which a scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking.”

Article IV Section 4, of the Constitution: “The United States shall guarantee to every State in this Union a Republican Form of government … ”

At the Philadelphia Convention in 1787, the task of the delegates was to design the new republic as wisely as possible. like what Dr. Joe Wolverton II wrote in a 2004 article for The New American: “They believed they could find the key to inoculating America against the diseases that infected and destroyed past societies. Indeed, it has been said that the Founders were coroners examining the lifeless bodies of the republics and democracies of the past, in order to avoid succumbing to the maladies that shortened their lives.”

The Constitution was signed by the delegates on September 17, 1787 and then it was sent to each state to be ratified or rejected. Several of the delegates were unhappy with the final draft because it did not include a Bill of Rights and some, including the powerful George Mason from Virginia, promised to try to defeat its ratification in the state conventions. (Patrick Henry planned to help Mason do so). Thomas Jefferson, the author of the Declaration of Independence, believed strongly that a Bill of Rights needed to be added, but Madison, author of the Constitution, did not. Jefferson wrote: “A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference.” States like Virginia and North Carolina and Rhode Island would not ratify unless a Bill of Rights was added, and New York was up in the air. Although it may have been likely that 9 states (as required by Article VII) would have ratified so that the Constitution would have done into effect, the states couldn’t imagine a union without the large powerful states of VA, NY, and NC. And so a deal was made with Madison at the VA Ratifying Convention. He would submit a Bill of Rights as amendments to the Constitution in the first session of the first US Congress. Madison was an honorable man. The rest is history.

Before the deal was made, however, Patrick Henry got up before the Convention to make the case that a Bill of Rights was necessary to secure the blessings of liberty from a government that (as history has always shown) will eventually become too powerful. He spoke these words: “Liberty, the greatest of all earthly blessing — give us that precious jewel, and you may take everything else!….. I say, the time has been when every pulse of my heart beat for American liberty, and which, I believe, had a counterpart in the breast of every true American.”

Madison introduced his proposed amendments to the Constitution (a Bill of Rights) to Congress on June 8, 1789, and after a committee put them in final form and Congress adopted them, they were sent to the states on September 25 for ratification. Out of the twelve proposed amendments, the states ratified ten. There are approximately 26 individual rights identified in the Bill of Rights (excluding the unenumerated possibilities in the Ninth Amendment). Of those 26 individual rights, 9 can be traced back to Magna Carta, 7 can be traced to the English Petition of Rights of 1628, and 6 can be traced to the English Bill of Rights of 1689.

I used to think our Founders were divinely inspired to write some of the documents that they wrote….. the words, the themes, the ballsy language. But when you go back and study England’s illustrious history and you read the great charters and documents of liberty – the 1100 Charter of Liberties, the Magna Carta (1215), the Petition of Rights (1628), the Grand Remonstrance (1641), and the English Bill of Rights of 1689 – you realize that our Founders had all the templates they needed. In many cases, they followed in the very footsteps of their forefathers – English subjects – who petitioned every hundred years or more for their rights and for the King to limit his jurisdiction over their lives. For example, the Grand Remonstrance listed a series of grievances against Charles I, from the beginning of his reign, explaining why he needed to answer for his actions. In drafting the Declarations & Resolves of Oct. 14, 1774 (series of petitions and resolutions to King Charles I and Parliament in response to the Intolerable Acts), the First Continental Congress adopted the same petition formats that the English used to their King to petition for the rights that were being violated. In drafting the formal Declaration of Independence, Thomas Jefferson used the same format in order to condemn King Charles III and to make the case to a candid world why the people of the American colonies were seeking their political and legal separation from Great Britain. And so history lessons like this are so important because they serve to remind us that our system rests on a very distinguished history of standing up for liberty against tyranny and that the principles embedded in our documents are ones designed to withstand the abuses of those in power, in any branch. And that is why it is so important that those principles should not be taken for granted, maligned just because our fore-fathers were products of another era, or happened to own slaves or represented social norms of the day or happened to sneeze the wrong way, or “legislated” away from the bench by activist judges. Charles I was a miserable, ambitious King who, perhaps more than any other King of England, embraced the notion of the Divine Right of Kings and hid behind the artificial status it created. He quarreled with Parliament (the people’s body established by the Magna Carta to give them representation when it came to taxation) over taxes. He wanted more and more to finance his endless wars. When Parliament wouldn’t give him the funds he demanded, he merely dissolved the body. He did so three times from 1625-1629. When he dissolved Parliament in 1629, he resolved to rule alone and to get the money he needed. And so he raised revenue through non-Parliamentary means – including Ship Money (taxing those who lived along the coast). Most of these things helped to lead to his demise, which followed after he waged a civil war on Parliament itself, which he lost. Charles was tried, convicted, and executed for high treason by (a rump) Parliament in January 1649. He was beheaded. I point to Charles I because he was so abusive and dismissive of the rights of the people that the damage he did signaled the end of British system. After he was executed, Oliver Cromwell served as Lord Protector over England until his death in 1658. The monarchy was restored two years later, at which time, Charles II took the throne. He ruled until 1685 and when he died, his brother James II took the throne. He was deposed less than 3 years later. William and Mary were offered the throne and England got an official Bill of Rights at their coronation.

But one good thing came out of Charles’ reign. He cracked down quite heavily on the Puritans in England, and as a result, they emigrated (ultimately) to New England to found colonies based on religious liberty and eventually to establish the commonwealth of Massachusetts. The history of England is also one of religious tyranny and persecution, and no doubt provided the passion that certain Founders, such as Thomas Jefferson, had to secure religious freedom in the colonies.

England’s history is vital to our education because in her 600-year-or-so history, her people have stood up for their rights – rights they believed were fundamental and essential to their humanity and dignity – and in the end, their petitions, once merely requesting for the recognition of certain rights, became a Bill of Rights (1689), officially recognizing essential rights belonging to the individual that government was obligated to respect. While England does not have an official Constitution, per se, it considers a group of documents (including the English Bill of Rights) as being its “constitution” or governing document. But those documents, which represented the plight of the English for their rights to be free and to be free from government made it to the minds of our American Founders who then incorporated it into our nation’s founding documents. Our founding documents are superior to England’s because in this country, there is an “official” Constitution and an “official” Bill of Rights and both are predicated on something the English system is not – that government power originates from the individual. Those documents memorialize not only the formal recognition of inalienable individual rights, but they set important limits and boundaries on government. If you don’t think the English system of protest and petition didn’t work and if you don’t think it SHOULD be the model we embrace here – consider this: Each time the English people petitioned for their rights, those rights were enlarged, as mentioned above. Also consider this: The ability to have and bear arms originated as a “duty” in England, under the Militia laws. But after many years of the Crown confiscating guns and leaving England’s subjects undefended and vulnerable in the face of despotic Kings (willing to arrest and imprison them merely for political reasons or belonging to the wrong religion), that duty became a “right” in the English Bill of Rights. We have our Right to Have and Bear Arms (Second Amendment) because of the will and determination of the English people.

References:

“English and Colonial Roots of the US Bill of Rights – http://teachingamericanhistory.org/bor/roots-chart/

Virginia Ratifying Convention, Thursday, June 5, 1788 – http://www.constitution.org/rc/rat_va_04.htm

Federalist No. 6 (Alexander Hamilton), Avalon Project (Yale Law School) – http://avalon.law.yale.edu/18th_century/fed06.asp

“Liberty – The American Revolution” (3 disc, DVD set), PBS – https://shop.pbs.org/

The Petition of Right of 1628 – http://www.constitution.org/eng/petright.htm

The Grand Remonstrance of 1640 – http://www.constitution.org/eng/conpur043.htm

The English Bill of Rights of 1689 – http://avalon.law.yale.edu/17th_century/england.asp

Dr. Joe Wolverton II, “The Founding Fathers & the Classics,” The New American, September 20, 2004. Referenced at: https://21stcenturycicero.wordpress.com/tyrrany/the-founding-fathers-the-classics/

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2017 Independence Day Reflection

The Liberty Bell

by Diane Rufino, July 4, 2017

“My country, ‘tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died; Land of the Pilgrims’ pride, from ev’ry mountainside, Let freedom ring!

Every successful experiment starts with a great hypothesis.  A hypothesis is a testable answer to a scientific question; an educated guess. One can say that our great American experiment started with a profound hypothesis. That hypothesis held that liberty is most secure when it is recognized and accepted that human rights are endowed by the Creator — not by government — and are therefore inalienable; that governments are creations or creatures of the People, instituted primarily to secure their rights and to serve them as they seek to establish an ordered society; and that once government becomes destructive of its ends, the People have the natural and inherent right to alter or abolish it and establish another form of government in its place.

That hypothesis was our Declaration of Independence.

Those who read the Declaration and think it stands merely for the notion that “All Men are Created Equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…” are missing the bigger picture. They are missing out on perhaps the most revolutionary, the most profound, the most important political statement ever made. It is the document that has changed the world.

And yet, in planning to declare independence from Great Britain, our Founders could not know that this document, in all its grandeur and espousing such profound and enlightened principles, would be the vehicle. Perhaps history put the right man in the right place at the right time, for the right purpose.

Once hostilities broke out between the colonies and Great Britain, the colonies sought to use the opportunity to issue a simple declaration, stating that they regarded themselves as no longer a part of the British Empire but rather as free and independent States.  Thomas Jefferson would give us much more than a simple declaration.

On June 7, 1776, acting under the instruction of the Virginia Convention and particularly its presiding officer Edmund Pendleton (who had served as the President of the First Continental Congress), Richard Henry Lee on introduced a resolution in the Second Continental Congress proposing independence for the colonies. The Lee Resolution contained three very simple parts: a declaration of independence, a call to form foreign alliances, and “a plan for confederation.”

Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.

That it is expedient forthwith to take the most effectual measures for forming foreign Alliances.

That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.

On June 11, the Second Continental Congress appointed three concurrent committees to address Lee’s Resolution – one to draft a declaration of independence, a second to draw up a plan to form foreign alliances, and a third to plan a form of a confederation for the colonies. To draft the declaration, Congress named a five-member committee comprised of John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert Livingston of New York, and Roger Sherman of Connecticut. Although Adams was deemed best qualified to write the draft, he urged Jefferson to write it. Jefferson had approached his friend Adams to confirm that he would be drafting the declaration. But Adams responded: “I will not. You should do it. You ought to do it.”  When Jefferson asked why, Adams explained: “Reason first, you are a Virginian, and a Virginian ought to appear at the head of this business. Reason second, I am obnoxious, suspected, and unpopular. You are very much otherwise. Reason third, you can write ten times better than I can.”  [Adams was indeed unpopular; he had represented the British soldiers involved in the Boston Massacre

That very day, Jefferson would begin work on the Declaration of Independence. He moved into a small house -two blocks from Independence Hall in Philadelphia, where the Continental Congress had been meeting – in order to write in seclusion. Because several members of the Congress wanted to seek instruction from their colonies before addressing such an extreme measure, the vote was deferred until July 2.

On July 2, the Congress voted on independence. It adopted the Lee Resolution, which, as reproduced above, declared the individual states independent from Great Britain. “Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.”   But the Congress decided it needed to draft a document explaining the move to the public (“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world…”)  Such a draft had been proposed and submitted by the Committee of Five (written by Jefferson), and it took two days for the full Congress to agree on the edits. That is why we see the words “IN CONGRESS, July 4, 1776,” at the top of the Declaration, because that is the day the last version was approved and signed in Philadelphia, at Independence Hall.

Once the final version was approved, the actual Declaration on Independence document that was signed on July 4 was sent to a printer named John Dunlap. About 200 copies of the Dunlap Broadside were printed and sent to the states, including to General George Washington.

The document was not titled “Declaration of Independence” nor does the term appear anywhere in the document, yet that was clearly its intention. The declaration justified the independence of the colonies by first asserting their collective understanding of the relationship between the individual and government, as well as the purpose and limits of government, then listing the colonists’ grievances against King George III (summing up with the line: “A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people”), and finally asserting certain natural and legal rights, including the right of secession (“That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved”).

The Declaration of Independence was a transformative document.  No longer would individuals have to petition or plead with government to respect their rights. Going forward, government would be established for the primary purpose of securing and enlarging their rights, guaranteeing that an ordered society would be possible while still allowing individuals to exercise the rights that they were born with; governments would no longer treat individuals like “subjects.” They would not be subject to the good graces or generosity of a King or his wrath or insecurity. “Inalienable” would now characterize the rights that their forefathers, Englishmen, could only enjoy if the King allowed it.

I love how exquisitely the Declaration of Independence explains how government is grounded in God’s Law and Nature’s Law and that it is always a creature of the people, for the people. For that reason, governments are always “temporary” in nature, enduring only as long as they protect and secure certain essential individual rights and as long as they serve productive ends. When a government ceases to serve either end, nature and Thomas Jefferson tell us that people have the right, the natural right (the right of self-determination, which is equally as “inalienable” as the right to Life, Liberty, and the Pursuit of Happiness”) to alter or abolish it. And that is what the people of the American colonies, chose to do. The Declaration made the case for that decision, explaining that the “government” of Great Britain – the King and Parliament – had become destructive and abusive of their rights, which had been set forth in the great Magna Carta and solidified in the English Bill of Rights of 1689. As Jefferson made clear, because “the history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States,” it was their natural right to sever political bonds with it, declare independence, to secede from Great Britain), and to establish a new government better suited to serve them and to respect and exemplify their ideals. The founding principles so brilliantly laid out in the Declaration form a foundation as strong as bedrock for our individual rights. If they are endowed by the Creator, who dare have the authority to take them away?  Similarly, if they are natural rights, belonging to us at our birth, we don’t lose them – just as we don’t lose the ability of our bodies to reproduce and have children and just as a falling body will always be acted on by the force of gravity. Some things are simply absolutes. Nature dictates life since it is from nature that we exist.  Jefferson grounded our rights in both God’s Law and Nature’s Law (some will argue that they are, in fact, one and the same), as the first paragraph of the Declaration makes clear: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.”

If we only took the time to read this magnificent document, to study it, and to truly understand and appreciate every phrase that Jefferson included, we would have a far deeper sense of gratitude for our Founders and their inspired wisdom and foresight and a far deeper appreciation for what this country stands for (or “stood for”). Perhaps people might even realize that being an American is a far greater privilege that they had ever bothered to contemplate and that maybe, just maybe, such a privilege carries an obligation to conduct oneself in a respectful and dignified manner, always mindful of what he or she represents as a citizen and always ready to defend and exemplify the best that the country stands for. I love our Declaration of Independence, and to me, it is, and has always been, the most important of all founding documents – serving as our nation’s moral compass and forever shining a light on the reasons and principles of our existence.

Jefferson’s profound hypothesis still stands. But has our experiment steered away from hypothesis so that the ultimate question can no longer be answered?  That is the question.  What does the future hold when we’ve loosened the moorings that once tied Liberty to the principles in the Declaration?

 

PHILLY 2017 - Diane in front of house Jefferson wrote Declaration #2

What Our Founding Generation Would Have Said About Obamacare

tea-party-you-mean-we-can-tax-them-for-not-buying-tea       by Diane Rufino, February 25, 2017

Although we are on the verge of having President Obama’s signature piece of legislation, the Patient Protection and Affordable Care Act (aka, “Obamacare”) repealed and replaced, I am writing this piece to remind folks of the loss of freedom we suffered at the hands of President Obama and his administration with the unconstitutional and universal healthcare scheme he misrepresented and then forced on the American people.

The assault on the precious liberties of the American people were realized by only a handful (and certainly not the liberal members of the Supreme Court) and to half of these, it didn’t matter. When I talk about those who could care less, I am referring to the Republican members of Congress, who for years seemed unable to craft legislation or summon a vote.

Certainly, the caliber of an “American” has changed. We should all shutter for the future of our republic and for the security of the liberties our forefathers fought a revolution for. The debacle known as Obamacare has shown that they are never secure in the face of a hostile president who uses a “phone and a pen” and secret meetings to pressure legislation that that are violative of them.

Yes, it would be wonderful for everyone to have healthcare insurance to help them with their healthcare costs. It would be great if insurance didn’t make it cost prohibitive for those with pre-existing conditions. It would be great if times were like they were many years ago when everyone went to school, took their education seriously, got a job, and took care of themselves and their families. But jobs are scarce and people willing to invest in themselves and look for a job are even scarcer. It would be great if people took stock of their health and avoided tobacco, drugs, and fattening foods so that they are not obese and prone to diabetes and heart disease and therefore put an enormous strain on our healthcare system, but they don’t.

Yes, there are poor people out there. Some are poor because of a legitimate situation but most are poor because of a mindset and lifestyle choice. Some complain about being poor but don’t want a job; they merely want to be made more comfortable in poverty, which the Democratic Party is all-too-happy to do. Dependents make the most loyal voters. Why would anyone want to set an alarm to get up early every morning, worry about shuffling their kids to daycare, deal with traffic on the roads, put up with bullshit at work, put up with a horrible boss, have to show up even when they don’t feel well, strive to earn a decent performance evaluation just to hopefully be able to take home the same amount of money the following year, stress out about whether he or she has job security, balance work with other parenting obligations (such as when children get sick), and deal with limited days off when they could stay home, sleep late, get a welfare check from the government, have their apartments paid for, heating and air-conditioning paid for, food paid for, daycare covered (even though they aren’t working), a free cell phone, and free healthcare. Why do they need to work? Why would they even want to work?

American used to produce things. Americans used to be productive citizens. They were ambitious, resourceful, proud. Our government programs are creating the human waste and decay that is beginning to define America and destroy our cities, our schools, and our ability to live contently amongst each other. How can one group of Americans, who work hard, raise their families responsibly, pay their taxes and then find out that those exceedingly high taxes are going to pay for others and their families, have any respect for the latter? They don’t. They don’t look at them as equals.

But there is a constitutional way to solve problems and there is an unconstitutional way to solve them. And that’s why it is so important to vet presidential candidates for their constitutional character and not make choices based on skin color or social justice.

And so, a lesson taught so well that it inspired a revolution has been lost on today’s generation of Americans. And that lesson was to never yield individual liberties to the designs of government, even if those designs are well-intentioned. Supreme Court Justice Louis Brandeis once wrote: “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficient… The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”

The lesson of the Boston Tea Party, an act of civil disobedience and protest that inspired today’s Sons of Liberty movement (the Tea Party), is an important and timeless lesson.

On the night of December 16,1773, members of the Sons of Liberty dressed as Indians, boarded three ships in the Boston harbor, and tossed 342 chests of tea overboard. They did this to protest the Tea Act. The Tea Act was actually not so bad in its provisions – it provided a high-quality tea, at lower costs than the colonists had been used to, and at a lower tax than what they had been previously used to. So why were the colonists so upset?

The Tea Act of 1773 was a follow-up to the Revenue Act, which was one of the laws in the hugely unpopular Townshend Acts. The Townshend Acts set new import duties (taxes) on British goods including paint, paper, lead, glass and tea. Due to protests from British merchants, whose trade was seriously effected by the American colonists refusing to buy the goods, Parliament ultimately repealed all of the duties (taxes) – except the tax on tea.

The principal objective of the Tea Act was to reduce the massive amount of tea held by the financially-troubled British East India Company in its London warehouses and to help the struggling company survive and to do so, it created a monopoly on the sale of tea to the colonies to the East India Company. It allowed the East India company to sell its large tea surplus below the prices charged by colonial competitors and thus under-cut and threatened local tea merchants. It was able to sell its tea at lower prices because the Act granted the Company the right to ship its tea directly to North America from its China warehouses (without first stopping at Britain to pay export duties). However, as mentioned earlier, the tea imposed on the colonies was still subject to the tea tax under the Revenue Act.

Specifically, the Tea Act provided:

1. Tea could be shipped in East India Company ships directly from China to the American colonies, thus avoiding the tax on goods first due England, as required by previous legislation.

2. A duty (tax) of 3 pence per pound was to be collected on tea delivered to America. [The previous duty (tax) was 12 pence (1 shilling) per pound, which was paid on tax which had been sent from Britain, so colonists would be paying LESS in tea tax with this Act. Also, interestingly, they would be getting their tea cheaper than the people of Britain !!].

3. The tea would be marketed and forced on colonists by special consignees (receivers of shipments) who would be selected by the East India Tea Company.

The new import tax of 3 pence was considerably less than the previous tea tax on the colonists, in which 12 pence (1 shilling) per pound on tea sent via Britain, so colonists would be paying LESS in tea tax with the Tea Act of 1773. Also, interestingly, they would be getting their tea cheaper than the people of Britain !! Even King George III was reported to comment that “the colonists will finally be happy!” and will stop protesting.

The Act also encouraged British agents to seek out local merchants of tea who were smuggling in tea (in violation of the new law) and shut down their operations. In effect, they were making sure the monopoly on tea was complete and that colonists were buying only the tea that the British Parliament were forcing on them.

While the average contemporary American might look at the bottom dollar and assess the law based on their pocketbook and conclude that the Tea Act was good and fair, our founding generation looked at the insidious violations to their fundamental liberties embedded in this seemingly harmless law.

First of all, the Tea Act forced the colonists to purchase Company tea on which the Townshend duties were paid, thus implicitly asserting Parliament’s right of taxation. Even though the costs and the taxes were lowered, they would not back down on their demand that there be “No Taxation Without Representation!” This basic English right was secured in the Magna Carta of 1215 and re-asserted over and over again up until the English Bill of Rights of 1689, which essentially transferred government power from the King to the peoples’ house – Parliament. And second, the Tea Act compelled the colonists to buy a product identified by a legislative body far away. It took away their right to enjoy competition and to pursue livelihoods.

If men like Sam Adams, John Hancock, James Otis Jr., Paul Revere were alive today, they would have called out Obamacare for violations similar to those in the Tea Act. They wouldn’t be complaining about the increased premiums or the frustration in signing up for healthcare… they would be sounding the alarm to government compulsion and unconstitutional taxation.

Let’s hope that when Obamacare is repealed it will be replaced by a scheme that divests the federal government of compulsion power over the American people and returns power to the free market system. And let’s help educate our lesser-informed members of society that those who are all too happy to receive hand-outs from the government are the most insidious threats to the very liberty upon which our country was founded. “A man who has nothing which he is willing to fight for, nothing which he cares about more than he does about his personal safety,” wrote John Stuart Mill, “is a miserable creature who has no chance of being free, unless made and kept so by the exertions of better men than himself.”

ELECTION 2016: Exercise Your Right to Protest

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by Diane Rufino, October 27, 2016

Donald Trump should appeal to all those who identify as independent and who wish to break from the strict, disinterested, controlling 2-party system. All those who are fed up being controlled and railroaded by the self-interested 2-Party system should exercise their First Amendment right of protest by voting for Donald Trump!

On June 5, 1788, Patrick Henry warned his fellow Virginia delegates (assembled in convention to consider the ratification of the US Constitution) that the constitution would eventually lead to an unfortunate transition from a confederacy (group of strong, sovereign states, which is what the States had wanted and intended) to a consolidated central government – one surely capable of tyranny and oppression. He said:

“It is radical in this transition; our rights and privileges are endangered, and the sovereignty of the states will be relinquished: and cannot we plainly see that this is actually the case? The rights of conscience, trial by jury, liberty of the press, all your immunities and franchises, all pretensions to human rights and privileges, are rendered insecure, if not lost, by this change, so loudly talked of by some, and inconsiderately by others. Is this tame relinquishment of rights worthy of freemen? Is it worthy of that manly fortitude that ought to characterize republicans? It is said eight states have adopted this plan. I declare that if twelve states and a half had adopted it, I would, with manly firmness, and in spite of an erring world, reject it. [The States] should not be inquiring how to improve trade or how Americans can become a more powerful people. The question the People [in their state conventions] should inquire about any government is how their liberties can be secured; for liberty ought to be the direct end of your government. Liberty, the greatest of all earthly blessing — give us that precious jewel, and you may take everything else!

I am convinced the new government is fraught with many dangers. It will eventually and effectually oppress and ruin the people.”

Patrick Henry was perhaps our most liberty-minded Founding Father.  He was the conscience of our founding generation, ever reminding them of their right to be free and to be free from an overly ambitious government.  On the evening of March 23, 1775 in what is now called St. John’s Church in Richmond, he addressed members of a convention called to address the actions of the British against the colonies (particularly, against Massachusetts with the Intolerable Acts). He warned that the British were coming to confiscate their guns and ammunition and then would unleash the military on them. He spoke these inspiring words: “They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance, by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?… Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

The system of government and the corrupted 2-Party system that hold us hostage in this country and subjugate our interests to the interests of government are the very definition of TYRANNY and OPPRESSION. If we don’t use this opportunity to elect an outsider – a man not bought for and controlled by special interests – Donald Trump, we may find ourselves in a position, as Patrick Henry warned, without a position to regain our liberties and our beloved country.

We have been deceived far too long. VOTE FOR DONALD TRUMP and EXERCISE YOUR RIGHT TO PROTEST.

trump-no-more-bullshit

 

INDEPENDENCE DAY: The Story of Us

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by Diane Rufino, July 4, 2016

Independence Day – What it really means….

What does Independence Day – the 4th of July – mean to you?  Is it just a holiday to eat, drink, and light off fireworks?  Do you display and wave the flag of the United States out of habit – because everyone else on the block does it?  Do you cover your table with a plastic tablecloth of stars and stripes and decorate your yard with red, white, and blue because that’s what Target and Walmart remind you to do with its holiday displays and sales?   Do you actually understand what the 4th of July signifies?  Did you sleep through that lesson in American History Class? Was it even taught to you at all?

I just hope you aren’t one of those Americans who doesn’t think it matters.

When I was very young, I thought Independence Day marked the day when the 13 colonies defeated the British for our independence.  Then in middle school, I learned that it marked the date the Declaration of Independence was signed.  That was the extent of my understanding until I did my own reading.  Soon I learned that not only was the Declaration of Independence signed on July 4, 1776, but that it was an act of treason against the British Crown. It was an act of treason because while the colonies were fighting for their independence, the British were fighting to quash their rebellious nature for good. Rebellion against the Crown was high treason and it would not be tolerated.

But it wasn’t until I graduated law school that I was finally able to appreciate the real significance of the Declaration of Independence.  Simply put, as its author Thomas Jefferson explained: “The Declaration of Independence… is the declaratory charter of our rights, and of the rights of man.”  And in that magnificent document, Jefferson has laid out the natural order of our rights and the natural purpose and limits of government.

The document was almost forced on the colonies by history’s happenstance. It began with the colonies’ restlessness in the wake of an over-zealous King and Parliament which first sought to extract tax revenue from them (without representation) and then to oppress and subjugate them as a means of punishment. They were punished for daring to stand up for their rights as Englishmen, as Englishmen had done for over 500 years of their history.  Indeed, the history of England has been a history of repeated attempts, first by the barons and then by all subjects, to assert basic human rights and to demand from the King a promise (a charter) that he will respect such. Some of the attempts were successful and some only temporary, but all of England’s notable charters were signed and limited the reach of the King and Parliament, even if only for a very short time.

Some of these charters and other significant documents include: The Charter of Liberties of King Henry I (1100), the Magna Carta (1215), the Petition of Right (1628), the Grand Remonstrance (1641), and the English Bill of Right of 1689.  This history is critical for the foundation for our country because all total, these documents establish the notion that government must respect boundaries on the individual, acknowledging that they have certain essential rights and liberties.  The rights and liberties asserted and re-asserted in these documents are the “rights of Englishmen” that the colonists most eagerly embraced and were most eager to protect.

Author Brion McClanahan explains the significance of England’s grand history in his article Rethinking the Declaration of Independence: “In 1100, King Henry I of England agreed to restrictions on his power through the Charter of Liberties. The English barons rejected absolute authority and sought to preserve traditional decentralized “government.” Just over one hundred years later, in 1215, King John was forced again by the English nobles to sign the Magna Charta. The “Great Charter,” as it is known in English, declared that the king was not above the law – making him essentially equal to the nobles – and it resisted the trend toward centralization in England. Though on the books, the Magna Charta was often ignored by more powerful English monarchs, but several of its provisions became the basis of English common law, most notably the writ of habeas corpus.” (See the Habeas Corpus Act of 1679).

In October 1214, King John returned to England in disgrace. His mission to reconquer his lost territory in northern France had failed and other military campaigns were unsuccessful as well. He taxed England’s barons heavily to finance these campaigns and they were not happy.  Upon his return, he found that a group of angry barons from across the country had formed an association and were prepared renounce him as king. Over the next eight months, they made repeated demands to the King, requesting that he give them a guarantee that he would observe their rights. But the negotiations amounted to nothing. And so, on May 5 of that year, the barons gathered and agreed to declare war on King John. On May 17, 1215 they captured London, the largest town in England, without a fight.  With London lost and ever more supporters flocking to the side of the barons, the King John realized he would have to address their concerns.

On June 8, he notified the barons of his willingness to negotiate. Over the next few days, the barons assembled in great numbers at Runnymede, a relatively obscure meadow just a few miles from Windsor castle, where King John was based. They arrived to repeat their demands and negotiate peace terms. On June 15, the barons presented their terms to the King and he signed the great document – The Great Charter (“Magna Carta”).

In Chapter 39 of Magna Carta, one of the document’s most important clauses, King John made the following promise:  “No freeman shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.”

Here, it was agreed that the Crown and his administration would not arrest, outlaw, banish, or incarcerate any free man, deprive him of his rights, possessions or legal standing, or otherwise take official and forceful action against him, except in accordance with the lawful judgement of his equals or in accordance with the laws of the Kingdom. This was, in embryonic form, the principle of due process of law: The government shall not deprive any person subject to its jurisdiction of life, liberty, or property without due process of law. The Magna Carta provided that justice was to be guaranteed to every person in the Kingdom, that the right of justice would not be sold, delayed, or denied to any person. Thus, this critical, historic document provided that every freeman — i.e., every Englishmen who was not a serf — was to enjoy security and protection from illegal interference by the King (ie, government) in his person and property.   [See Dr. Almon Leroy Way, Jr. (Professor of Political Science), “The American System of Government….”]   The terms listed in the Magna Carta would later be referred to as “the ancient rights and liberties of Englishmen” in the English Bill of Rights of 1689.

King John, in giving his consent to Magna Carta, agreed that: (1) the Monarch was subject to the law of the Kingdom and (2) the law placed limits on royal authority. This reflected an early stage in the development of the central idea of English and American constitutionalism — the idea that the ruler was not above the law and therefore had to abide by the law and stay within the limits the law imposed on his power.  [See Dr. Almon Leroy Way, Jr.]

Under Magna Carta, the King still governed England, but he had to share with the barons one important sphere of political authority — the power of taxation. All royal requests for extraordinary taxes had to be submitted to the Common Council for its consideration and decision. When it came to the King’s raising revenue by means other than collecting the feudal fees and aids in amounts due him by customary right, he had to share with the barons, the largest and most powerful bloc in the Common Council, the authority to make binding decisions. The requirement, stipulated in Magna Carta, that the King submit proposals for extraordinary taxation to an assembly of his leading subjects — the barons and the Church officers of high rank — was one small but significant step on the long road to firmly establishing as a constitutional guarantee, truly binding on the Monarch and all other officers of the government, the age old principle of English government that no subject could be taxed without his consent, given by the subject directly in person or indirectly through elected representatives in a legislative assembly.   [See Dr. Almon Leroy Way, Jr.].

When Britain began taxing the colonies without allowing them representation in Parliament, particularly with the Stamp Tax, the colonists asserted this basic right from the Magna Carta in their protest slogan “No taxation without representation.”  The phrase actually originated with Massachusetts attorney James Otis about 1761, who proclaimed: “Taxation without representation is tyranny!”

After the Magna Carta, the Petition of Right of 1628, which was written by Parliament, was presented to King Charles I to re-assert the civil liberties of his subjects.  The Petition contained four main points: (1) No taxes could be levied without Parliament’s consent; (2) No English subject could be imprisoned without cause–thus reinforcing the right of habeas corpus; (3) No quartering of soldiers in citizens’ homes; and (4) No martial law may be used in peacetime. Each of these four points enumerated specific civil rights that Englishmen felt Charles I had breached throughout his reign. Although he’d never been that popular as the monarch, his abuse of power against the people escalated to an intolerable level after Parliament refused to increase taxation and finance his unpopular foreign policies. The purpose of the Petition was to seek redress for the serious grievances Charles had committed.

When Charles showed no sign of repenting, Parliament drafted an extensive list of grievances which it presented to him on December 1, 1641. The grievances included 204 instances of gross abuses of the King’s power and usurpations of the rights of the people.  Preceding this list of grievances were the following significant paragraphs:

For the preventing of those miserable effects which such malicious endeavours may produce, we have thought good to declare the root and the growth of these mischievous designs: the maturity and ripeness to which they have attained before the beginning of the Parliament: the effectual means which have been used for the extirpation of those dangerous evils, and the progress which hath therein been made by His Majesty’s goodness and the wisdom of the Parliament: the ways of obstruction and opposition by which that progress hath been interrupted: the courses to be taken for the removing those obstacles, and for the accomplishing of our most dutiful and faithful intentions and endeavours of restoring and establishing the ancient honour, greatness and security of this Crown and nation.

The root of all this mischief we find to be a malignant and pernicious design of subverting the fundamental laws and principles of government, upon which the religion and justice of this kingdom are firmly established.

The Grand Remonstrance would help precipitate a civil war in England and eventually lead Parliament to file official charges of high treason against Charles I.  He would be tried, convicted, and executed (beheaded) in 1649. His son Charles II was exiled and his other son James II was able to escape to France dressed as a girl.

When England erupted in this civil war, the Parliament asserted its authority and suspended the reign of the Monarch, and by 1688 had become the driving force behind English law and policy. From 1649 to 1660, England became a republic. At first it was ruled by Parliament, but in 1653, Oliver Cromwell, commander of the army, became Lord Protector of England and served until he died (1658; his son took over briefly). Eventually the blood line of Charles I was restored in 1660 first with Charles II (who sat on the throne at the time of the plague and the great fire of London) and then in 1665, with James II. He was terribly unpopular, and in fact, was widely hated by the people. Not only did he force his Roman Catholic faith on the British people, but he willingly allowed the persecution of Protestants. He was forced to give up the crown in the Glorious Revolution (the “Bloodless Revolution”) of 1688.

When King James II was expelled from England in 1688, Parliament invited King William III of Orange and his wife Mary II (daughter of James II), of the Netherlands, to assume the throne.  Parliament promised no resistance. The only requirement was that they sign the English Bill of Rights that Parliament had drawn up on behalf the people. It condemned James II for violating the rights of Englishmen, which the Parliament called the “laws and liberties of this kingdom,” and placed restrictions on the powers of the monarch. William and Mary “gladly accepted what was offered them” and signed the English Bill of Rights.

Those from England who settled the colonies, particularly Massachusetts, seeking freedom from religious persecution (Puritans and Pilgrims) and others, brought this history – and these rights – with them. After all, they were still Englishmen; they were living on a continent claimed by England and establishing settlements and communities pursuant to land patents issued by the King.

But the bond of affection would seem to be one-way only.  While the colonists sought to live as loyal subjects to the Crown, enjoying the same the rights and liberties as the citizens of England, England sought to exploit the colonies for raw materials, trade, and taxes.  For several years, things were good. No complaints.  But just as the British colonies were growing and expanding, there were French colonies growing and expanding as well – in the frontier region west of Virginia up to Canada. They were mainly fur-trappers. Eventually, Britain felt its American colonies and interests were being threatened and the two empires went to war. It lasted seven years (the French-Indian War, aka, the Seven Years War, 1754–1763), and eventually, the French were expelled and England secured greater territory. Believing the war was primarily for the benefit of the safety and security of the colonies, Parliament enacted a series of taxes on the colonies to recoup the money it had spent. [Note that around 1750, the plantations were established and against the wishes of the colonies, Britain pushed the slave trade on them to ensure that raw materials such as sugar, tobacco, indigo, cotton, and rice were produced plentifully and productively and shipped to England]

Accordingly, Parliament enacted the following taxes:  The Navigation Acts (1651, 1660, and 1663; duties on tobacco and molasses, to name a few), the Plantation Duty Act (1673; a duty on plantations), the Sugar Act (1764; a duty or tax on sugar), the Stamp Act (1765; a tax on all documents, including legal documents, calendars, cards, etc), and the Townshend Acts (1767; duties on items imported by the colonists, including glass, lead, paints, paper, and tea).  The colonists were outraged.  They weren’t outraged at the taxes themselves, but rather by the violation of their essential right to have representation in the legislative body that passes such tax measures.  “No Taxation Without Representation!”  They compared the current king, King George III, to Charles I for indiscriminately taxing the colonies without their consent. The Sons of Liberty organized at this time – originating in Massachusetts and New York and eventually having a presence in all thirteen colonies – and they were extremely effective at protesting these taxes and frustrating their enforcement.

Protests heightened with the passage of the Tea Act in 1673. The Tea Act allowed the British East India Company, which had a surplus of tea, to have a monopoly on import tea to the colonies. In passing this act, Parliament actually thought it was doing a favor to the colonies by providing tea at a reduced price (due to the surplus).  In fact, the cost of the tea, together with the new tax (“a mere 3 pence”), would be lower than the cost of the tea provided by other sources.  But Parliament didn’t get it.  The colonists didn’t think government had the right to force a monopoly on them and interfere with the trade of colonial tea merchants. Colonial merchants couldn’t compete with the less-expensive tea that the East India Tea Company provided so abundantly. And so, the colonists once again took matters in their own hands. In Pennsylvania and New York, colonists did not allow British tea ships to enter the large city ports. They sent ships out into the harbors to block the tea ships.  In Boston, they had a “party.”  On that evening of December 16, 1773, approximately 100 “radicals,” members of a secret organization of American Patriots called the Sons of Liberty, dressed up as Mohawk Indians, boarded three East India Company ships, broke open all 342 wooden chests of tea, and dumped them into the Boston Harbor.  The value of the tea destroyed, in today’s market, would amount to about $1 million.

Well, that particular act of protest was the one that the broke the camel’s back. At first King George III didn’t seem too perturbed at the incident, but soon, the tide of British public opinion would grow against the colonists, whom they regarded as rebellious and childish, and that rising sentiment would force Parliament and King George to punish the citizens of Boston for their recalcitrance. Parliament would no longer tolerate disobedience; the colonies’ “rebellious spirit” would finally have to be addressed and they would have be made to obey British laws. Parliament would no longer be soft when it came to obeying British laws. It would show the colonies what happens to those who happen to have a “rebellious spirit” and are disobedient, and in doing so, reinforce upon them the need to obey its laws.  What followed would be a series of laws called the “Coercive Acts” (also referred to as the “Intolerable Acts”).

On March 28, 1774, in response to the Boston Tea Party, Parliament passed four acts which together became known as the Coercive Acts. These individual acts included: (1) The Boston Port Act, which closed the port of Boston until damages from the Boston Tea Party were paid (no ship carrying colonial goods could enter or leave Boston Harbor until the Massachusetts Colony paid for all the tea that was destroyed);  (2) The Massachusetts Government Act, which effectively revoked Massachusetts Charter of the Province of Massachusetts Bay (1691), its colonial charter, prohibited democratic town meetings, and turned the royal governor’s council into an appointed body with wide-ranging powers (in other words, shifting government authority from Massachusetts colony to the royal governor);  (3) The Administration of Justice Act, which made British officials immune to criminal prosecution in Massachusetts; and  (4) The Quartering Act, which required colonists to house and quarter British troops on demand, including in their private homes as a last resort.

Indeed, the situation was intolerable. Parliament ordered the Royal Navy to blockade the Boston Harbor, preventing ships from entering and bringing in goods and supplies and blocking colonial merchant ships from leaving and selling their goods.  By fiat, the basic structure of colonial government was altered. England was now governing the colony. To add insult to injury, King George appointed General Thomas Gage, who had served as the head of the British Army in North America, as the new Governor of Massachusetts, and he brought troops with him.  On May 13, General Gage arrived in Boston with four regiments of troops. Aside from the fact that the colonists felt stripped them of their previously enjoyed rights, perhaps more unnerving was the presence of four thousand British soldiers in Boston. Under the Quartering Act, there would be guaranteed residence for the British Army and the citizens of Massachusetts would be required to quarter them, if necessary (otherwise they would have to remain on ships).  The Quartering Act required the colonies to house British soldiers in barracks provided by the colonies. If the barracks were too small to house all the soldiers, then localities were to accommodate the soldiers in local inns, stables, ale houses, and houses of sellers of wine. Should there still be soldiers without accommodation after all such public houses were filled, the colonies were then required to take, hire and make fit for the reception of his Majesty’s forces, such and so many uninhabited houses, outhouses, barns, or other buildings as shall be necessary.  Finally, British officials could abuse these acts and be free from prosecution in the colony.

In response, provincial militias started to gather munitions and store them in the countryside out of reach of the British regulars.

On May 26, Parliament dissolved Virginia’s colonial government – its Virginia House of Burgesses.  And on September 1, General Gage seized the Massachusetts Colony’s arsenal at Charlestown, located just across the Charles River from Boston – near Bunker Hill.

On Benjamin Franklin’s advice, the colonies decided to meet in a common body to address Britain’s treatment of the colonies, in particular the blockade of Boston Harbor and the Intolerable Acts on the Province of Massachusetts.  And so, on September 5, the First Continental Congress met with 56 delegates in Carpenters Hall in Philadelphia. Twelve out of the thirteen colonies sent delegates (Georgia did not send any). The Continental Congress, which would meet on two separate occasions, became the governing body of the “united” colonies during the time leading up to and then during the American Revolution.

On October 14, the First Continental Congress adopted a Declaration and Resolves against the blockade, the Coercive Acts, the Quartering of troops, and other objectionable British actions. These resolutions listed a series of grievances against Parliament (where have we seen that response before?) and appealed to the King to intercede on behalf of the colonies for proper respect for their rights as Englishmen. The Declaration and Resolves began as follows:

The good people of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North- Carolina and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted: Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, DECLARE,

That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS:

Resolved, N.C.D. 1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.

Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural- born subjects, within the realm of England.

Resolved, N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.

Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved.

The Declaration and Resolves was presented to the King and then to Parliament on January 19, 1775.  King George laughed and dismissed the document and the Parliament did not even address it.  King George, to whom the Declaration was addressed, never even offered a formal response, for in his mind, he did not have to submit to the demands of the colonists, whom he regarded as insolent children.  He famously said to the Prime Minister Lord North: “The die is now cast, the colonies must either submit or triumph.”  He would not negotiate with them. His tacit response made it clear that he meant to maintain political unity between the colonies and the United Kingdom even at the expense of the happiness of the colonists.

Word of the Intolerable Acts and the subjugation of the colonists in Boston began to spread to other colonies and they began to react. Perhaps the most famous response came from Virginia, and Patrick Henry!

Because England had dissolved Virginia’s colonial government, its Virginia House of Burgesses, the state’s colonial leaders were forced to meet in secret.  And so they did, on March 20, 1775, at a small church which is now called St. John’s Church, in Richmond, away from the Capitol in Williamsburg. Delegate Patrick Henry presented resolutions to raise a militia, and to put Virginia in a posture of defense. He believed that martial law would eventually come to Virginia. Henry’s opponents urged caution and patience, holding out hope that the King would eventually respond – and respond generously – to the Declarations and Resolves.  On the evening of the 23rd, Henry presented a proposal to organize a volunteer company of cavalry or infantry in every county of Virginia and delivered a fiery speech in support of it.  His final words “Give Me Liberty or Give Me Death!” would be a rallying cry for the cause of independence and indeed, his entire speech is probably the most stirring, most passionate case in defense of liberty in our American history.

The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfil the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offence, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the majesty of heaven, which I revere above all earthly kings.

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.

I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years, to justify those hopes with which gentlemen have been pleased to solace themselves, and the House? Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with these war-like preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled, that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask, gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us; they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free² if we mean to preserve inviolate those inestimable privileges for which we have been so long contending²if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!

They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance, by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations; and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable²and let it come! I repeat it, sir, let it come.

It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace²but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

Patrick Henry succeeded in convincing the body of delegates to pass his resolutions. Virginia would call up a militia.

On April 14, 1775, General Gage received orders from London to take decisive action against the rebel-rousers of Boston – the leaders of the Sons of Liberty, Samuel Adams and John Hancock. In the wee hours of the April 19, seven hundred British troops were dispatched to Lexington, where they would capture Adams and Hancock, and then to Concord, where they would seize a secret stockpile of colonial gunpowder (Gage had received intelligence about its location).  But spies and friends of the Sons of Liberty leaked word of Gage’s plan. One lantern hanging from Boston’s North Church informed the countryside that the British were going to attack by land and two lanterns if they were going to attack by sea. A series of horseback riders – Paul Revere, William Dawes and Dr. Samuel Prescott – galloped off to warn the countryside that British troops were coming.

Word spread from town to town, and militias prepared to confront the British and help their neighbors in Lexington and Concord. Colonial militias had originally been organized to defend settlers from civil unrest and attacks by French or Native Americans and selected members of the militia were called “minutemen” because they could be ready to fight in a minute’s time. Sure enough, when the advance guard of nearly 240 British soldiers arrived in Lexington during the early morning hours, they found about 70 minutemen waiting for them on Lexington Green. Both sides eyed each other not knowing what to expect or what to do. Suddenly, a bullet rang out. It would be known as “the shot heard round the world.”  Seven American militiamen were killed in that skirmish.  The British retreated to Concord, where they found an even larger, more organized group of militiamen. They then retreated back to Boston, and as they did so, new waves of Colonial militia intercepted them. Shooting from behind fences and trees, the militias inflicted over 125 casualties, including several officers.  The American Revolution had begun.  By happenstance…. not because of the blockade of Boston Harbor, not because of the Intolerable Acts, not because of the quartering of troops, not because of King George’s rejection of the pleas of the Colonies in the Declarations and Resolves, and not because of the other instances of mistreatment of the colonies. It was because the British had come for their ammunition.

Thus, the war for independence began over the colonists’ right to bear arms and store ammunition for their defense.

Not fully expecting the standoff in Massachusetts to explode into full-scale war, the thirteen colonies agreed to reconvene the Continental Congress in Philadelphia on May 10, 1775.  Samuel Adams, John Adams, Benjamin Franklin, John Hancock, Patrick Henry, Thomas Jefferson, and George Washington were some of the esteemed delegates.

By the time the Second Continental Congress met again, war was already underway, and so its purpose primarily became to conduct the war and manage the efforts.  Already, colonial militias had seized arsenals, driven out royal officials, and besieged the British army in the city of Boston. On June 14, the Congress voted to create the Continental Army out of the militia units around Boston and quickly appointed Congressman George Washington of Virginia as the Commanding General of the Continental Army.  On July 6, Congress approved a Declaration of Causes outlining the rationale and necessity for taking up arms in what had become the American Revolutionary War.  The original draft was written by Thomas Jefferson but the final was written by John Dickinson of Pennsylvania. Much of Jefferson’s language was retained in the final draft. The Declaration insisted that the colonists do not yet seek independence from the mother country but were forced to take up arms “in defense of the Freedom that is our Birthright and which we ever enjoyed until the late Violation of it”, and will “lay them down when Hostilities shall cease on the part of the Aggressors.’  [Interestingly, the very first sentence of the declaration includes a condemnation of the institution of slavery, which the Crown imposed on the colonies].

On July 8, 1775, the Second Continental Congress drafted what was called the Olive Branch Petition, which it sent to the British Crown as a final attempt at reconciliation.  In it, the colonies expressed their collective desire to remain loyal to the British crown. King George, however, refused to receive it.

Rather, on October 27, the King spoke before both houses of the British Parliament to discuss the growing concern about the rebellion in America, which he viewed as a traitorous action against himself and Great Britain. He began his speech by reading a “Proclamation of Rebellion” and urged Parliament to move quickly to end the revolt and bring order to the colonies.  He spoke of his belief that “many of these unhappy people may still retain their loyalty, and may be too wise not to see the fatal consequence of this usurpation, and wish to resist it, yet the torrent of violence has been strong enough to compel their acquiescence, till a sufficient force shall appear to support them.” With these words, the king gave Parliament his consent to dispatch troops to use against his own subjects, a notion that his colonists believed impossible.

At this point, note that just as the British continued to implore the King to respect their rights and liberties with their various charters and petitions and remonstrances, the colonists followed their same path. The colonies would have preferred to remain associated with Great Britain through bonds of affection and respect, sharing the history and bounded government that had been established for over 500 years, but for over 15 years, the actions and reactions by King and Parliament amounted to “a history of repeated injuries and usurpations” which were clearly designed to establish absolute rule over the colonies. We can see how England’s own history is providing the path – even the format and the words – for Jefferson’s Declaration of Independence.

Thomas Paine, who moved to the colonies from England at the end of 1774, published his pamphlet “Common Sense” in January 1776.  Common Sense advocated independence from Great Britain; Paine used moral and political arguments to encourage common people in the Colonies to fight for an independent government – one that suited their happiness; he appealed to their common sense. And it worked. The publication was wildly popular.

The two sides had once and for all reached a final political impasse and the bloody War for Independence would now be conducted in earnest.  The skirmish had now become a war for independence.

On April 12, the state of North Carolina authorized her delegates to the Continental Congress to vote for independence. This was the first official action by a colony calling for independence. The 83 delegates present in Halifax at the Fourth Provincial Congress unanimously adopted the Halifax Resolves.  The Resolves read:

The Select Committee taking into Consideration the usurpations and violences attempted and committed by the King and Parliament of Britain against America, and the further Measures to be taken for frustrating the same, and for the better defense of this province reported as follows, to wit,

It appears to your Committee that pursuant to the Plan concerted by the British Ministry for subjugating America, the King and Parliament of Great Britain have usurped a Power over the Persons and Properties of the People unlimited and uncontrolled; and disregarding their humble Petitions for Peace, Liberty and safety, have made divers Legislative Acts, denouncing War Famine and every Species of Calamity against the Continent in General…..

Resolved that the delegates for this Colony in the Continental Congress be empowered to concur with the delegates of the other Colonies in declaring Independency….

North Carolina’s state flag proudly displays this historic date.

Virginia followed suit. On May 15, 1776, the Virginia Convention passed a similar resolution. It read:

Resolved, unanimously, that the Delegates appointed to represent this Colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to, or dependence upon, the Crown or Parliament of Great Britain; and that they give the assent of this Colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances, and a Confederation of the Colonies, at such time and in the manner as to them shall seem best: Provided, That the power of forming Government for, and the regulations of the internal concerns of each Colony, be left to the respective Colonial Legislatures.

At that same Convention, Virginia decided to instruct its delegate in the Second Continental Congress to introduce a formal resolution to declare the colonies independent from Great Britain.  And so, on June 7, delegate Richard Henry Lee, introduced a resolution, termed the Lee Resolution or Resolution of Independence, which contained three parts: (1) to declare the united Colonies rightfully independent of the British Empire: (2) to establish a plan for establishing foreign relations with the Colonies; and (3) to establish a plan of a confederation to unite them officially.

The Lee Resolution simply read:

Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved;

That it is expedient forthwith to take the most effectual measures for forming foreign Alliances;

That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.

On June 11, 1776, the Second Continental Congress appointed three concurrent committees in response to the Lee Resolution – one to draft a declaration of independence, a second to draw up a plan of treaties “for forming foreign alliances,” and a third to “prepare and digest the form of a confederation.”  A Committee of Five was assembled to draft a document to explain the reasons for independence and it included John Adams of Massachusetts, Roger Sherman of Connecticut, Benjamin Franklin of Pennsylvania, Robert Livingston of New York, and Thomas Jefferson of Virginia. According to Adams, Jefferson proposed that he, Adams, do the writing of the document, but he declined. Rather, Adams said, it should be Jefferson.  Jefferson was known for his writing skills. As Adams told him: “Reason first: you are a Virginian and a Virginian ought to appear at the head of this business. Reason second: I am obnoxious, suspected and unpopular. You are very much otherwise. Reason third: You can write ten times better than I can.”

Thomas Jefferson - clear pic

Jefferson completed his draft of the declaration in just a few days. He argued in his opening two paragraphs that individuals have inalienable rights, that governments are instituted by consent of the people primarily to secure those rights, and that people have the right to overthrow their government when it abuses their fundamental natural rights over a long period of time. Then, in a direct attack on King George (in like fashion to the Grand Remonstrance of 1641 and the English Bill of Rights of 1689), Jefferson listed 27 grievances against King George III – 27 instances when the king violated the “the ancient rights and liberties” of the American colonists. Having thoroughly laid out his proof that the king was a “tyrant” who was “unfit to be the ruler of a people,” Jefferson continued on to condemn the British Parliament and the British people.  “These unfeeling brethren,” he wrote, had reelected members of Parliament who had conspired with the king to destroy the rights of the colonists. Jefferson ended his draft by stating, “we do assert and declare these colonies to be free and independent states….. ”

When Jefferson submitted his draft to the Congress on June 28, the delegates left the first two paragraphs essentially unchanged.  Instead, they concentrated on Jefferson’s list of grievances against King George and the British people. On July 2, 1776, the Second Continental Congress voted to declare the independence of the American colonies from English rule.  And on the July 4 – the Fourth of July – it approved the final edited version of the Declaration of Independence.

News of the colonies’ independence rang out in all the colonies.

While the 4th of July is the date that we celebrate the signing of the Declaration of Independence, the 56 signers didn’t actually affix their signatures until August 2.  John Hancock, President of the Continental Congress, was the first to sign his name and he did so in big letters. The story goes that after he signed his name, he gazed upon it and said: “There! His Majesty can now read my name without his spectacles!”

In explaining the Declaration of Independence, Jefferson wrote: “This was the object of the Declaration of Independence. Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. All its authority rests then on the harmonizing sentiments of the day, whether expressed in conversation, in letters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, etc.”

For most of my life, I marveled at the Declaration. Its words were stirring, its declarations were brilliant, its indictment of King George was compelling, and its conclusion was heroic.  I assumed the ideas, the words, and the flair were all the brainchild of Jefferson.  But after reviewing the historical documents he had studied all his life, and taking into account the various resolutions and declarations written and adopted by the various colonies at the time, it’s quite clear that the Declaration is a composite of several documents.  First of all, Jefferson essentially copied the form of the English Bill of Rights (and to some degree the Grand Remonstrance before it) as he sat down to compose his draft. Thus, Jefferson’s indictment of King George III was not a radical departure from accepted English practices.  He was following English tradition, which in turn he adapted to American circumstances.  I’ve seen signs and tee shirts calling our Founding Fathers “Our Founding Liberals,” but realizing that Jefferson, in writing the Declaration, followed established English tradition and re-asserted the “ancient rights and liberties” that for over 500 years have defined Englishmen, our Founders were actually quite conservative.

Winston Churchill commented on this tradition: “We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law find their most famous expression in the American Declaration of Independence.”

In addition to historic English documents, Jefferson also borrowed language from George Mason’s Virginia Declaration of Resolves in drafting the Declaration. Mason asserted that “all men are by nature equally free and independent, and have certain inherent rights…namely the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and maintaining happiness and safety.” Jefferson altered – shortened – his language in his original draft to state: “We hold these truths to be sacred and undeniable: that all men are created equal; that they are endowed by their creator with inherent and inalienable rights; that among these are life, liberty, and the pursuit of happiness.”  In fact, Jefferson adopted his famous phrase from John Locke’s 1689 publication Two Treatises on Civil Government  –  “life, liberty, and the pursuit of happiness.” Everyone at the time understood that Jefferson equated “happiness” with property and safety.  By “equal,” Jefferson meant that all citizens or freeholders are, as Mason wrote, born “equally free and independent” under the law.  Note that the barons of England asserted their legal equality with the king in 1100 and 1215.  So, Jefferson was not stating anything new.  [ See Brion McClanahan, “Rethinking the Declaration of Independence”]

By its very name, the Declaration of Independence was a bold assertion of independence. Because it was asserted in defiance of the King, it was a highly treasonous document.  Its signers were traitors. The outcome of the war would decide their fate.  On October 19, 1781, British General Cornwallis surrendered his troops at Yorktown, Virginia and the British were defeated.  After six years of fighting, the Colonies had won their independence.  And once the Colonies had become independent, the Declaration essentially ceased to have any legal force. That which it sought to accomplish had been accomplished.

But that’s not where the Declaration of Independence’s story ends.

The Declaration may lack legal force but nonetheless, it remains the source of all legitimate political authority here in the United States and it memorializes the principles on which our country is founded.  Abraham Lincoln once referred to the principles embodied in the Declaration of Independence as “the electric cord that links the hearts of patriotic and liberty-loving men together, that will link those patriotic hearts as long as the love of freedom exists in the minds of men throughout the world.”  And Calvin Coolidge remarked that “the doctrine of the Declaration of Independence predicated upon the glory of man and the corresponding duty to society that the rights of citizens ought to be protected with every power and resource of the state, and a government that does any less is false to the teachings of that great document — false to the name American.”

Declaration of Independence - signatures

 

A review of the most famous paragraphs of the Declaration remind us of the essential principles that make up our political foundation and ground our precious liberties.

The first paragraph reads:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

The first paragraph characterizes the nature of the Declaration.  When Jefferson writes that it is time for the colonies “to dissolve the political bonds which have connected them with another” he is saying that the colonies intend to secede from Great Britain.  The Declaration, first and foremost, is a secessionist document.  What follows in the other paragraphs are the reasons and explanations for the decision to “dissolve their political bonds”; that is, to secede.

The phrase “the separate and equal station to which the Laws of Nature and Nature’s God entitle them” is a particularly significant one.  It means that our rights are not a gift from the State, but arise from our nature. This marks a paradigm shift from the system in England. English law was still dictated by the Divine Right of Kings. Even though charters, petitions, and a Bill of Rights put limitations on the Crown and to some extent, on government in general, they still acknowledged that the King and the State had power over the individual. Without such charters, petitions, and Bill of Rights, the King and government could treat the individual as it wanted, generously or oppressively.  Thomas Jefferson was making it clear that in the United States, rights are NOT a gift from the State, to be enjoyed at its benevolence, but rather that they arise from Nature and from God, separately and equally.  God and Nature go hand in hand. God who created the heavens and the Earth also created the laws of nature. For those who believe God to be the great author of Nature, then rights come from Him, as our Creator. For those who lack faith, they can rest assure that our Declaration equally recognizes that all individuals possess fundamental rights because they are natural rights – part of our very humanity from birth.  Even if you do not believe in a God Almighty, still you must respect the laws of nature.  In this way, Jefferson was laying out the concept of Individual Sovereignty in a way that its people could universally understand and agree, irrespective of the particulars of their individual and very diverse faiths.  Individual Sovereignty is the basis of our Rights in this country.

We may argue yet what are Nature’s Laws, but this much we can be certain:  All people must observe and ultimately obey it, just as the laws of nature apply equally to all human beings.  Since governments are merely fictional entities created by mankind and not by nature, rights supersede government. Saying that government is more important than the individual would be “unnatural.”

In the second paragraph of the Declaration of Independence reads:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain 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 Government 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 foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.  Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

In this paragraph, Jefferson’s mighty pen goes into greater detail about the nature of the aforementioned natural rights. He tells us that our rights, which are endowed by our Creator (or Nature), are unalienable and although are numerous, the most obvious ones are “Life, Liberty and the pursuit of Happiness.”  “Unalienable” (which is the same as “inalienable”) means that the individual can never been divested of these rights. They cannot be taken away or denied.  They remain with the individual and government cannot take them away.  “Life,” of course, is clear enough.  “Liberty,” according to Jefferson, was the degree to which an individual can exercise his rights, his freedom.  The rights which come under this umbrella would include the rights asserted in the Magna Carta, for example, or in the English Bill of Rights, or in Virginia’s Declaration of Rights. (Remember the time period that the Declaration was written).  “Pursuit of Happiness” includes property, but encompasses much more.  “Pursuit of Happiness” means an individual should be able to freely exercise all his rights in order to live his life to its full potential.  That “full potential” includes the ownership of property and the fruits of one’s labor, mind, and personality (all that which makes a person a unique “individual”).  “Property” was too narrow a term for Jefferson.  Now, just as the individual has the rights to Life, Liberty, and Property, he also has the equal right to protect them.  This right of self-protection and self-preservation is also a natural right. Samuel Adams summed it best: “Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can.”

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” is another important principle.  It is a critical and basic tenet of our form of government. First it states unequivocally that the primary role of government is “to secure these rights.” In other words, in the grand scheme of things, individual rights are supreme over the authority of the State (ie, government). The primary role of government, and the motivating force behind the formation of government, is to secure the inalienable rights, endowed by our Creator (Nature), of each individual.  This means that government is to be ideally limited to the role of a policeman, a judge, a prison warden, and a military force.  Furthermore, this provision explains that government has no powers of its own, but only “derives” its powers from individuals consenting to transfer power to it.  This is where the doctrine of Individual Sovereignty comes from. In a state of Nature, man has full sovereign power to govern himself – to provide for himself, to protect himself, to think and act as he wants.  He is responsible for himself and his conduct.  What is especially critical about this principle of “deriving powers from the consent of the governed” is that power delegated by the people is always “temporary” in nature.  The people can always re-assume their sovereign power – their right to govern themselves.

Having told us the proper function of government, Jefferson then tells us what gives cause to changing it: “That whenever any Form of Government 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 foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

The first thing to note is that governments are always “temporary.”  Government exists at the whim of the people and have no right in and of itself to its own existence or longevity. Government is a “creation.”  It is not a natural institution. Because is arises by the “consent of the governed,” it is a product of compact.  Compacts have elements of contract law and agency law. The second thing to note is the Declaration acknowledges that individuals have the RIGHT to establish their government to effect THEIR happiness and their safety. When government ceases to serve those purposes, then individuals are well within their natural right to abolish that government and establish another.

The Declaration goes one step further and challenges individuals to be vigilante of their rights and critical of their government.  “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

How will a people know for sure when it is time to “abolish” their government?  Or how will they know when it is time to dissolve political bonds that tie them to another; that is, how will they know when it is time to secede from another political body?  The Declaration, in that last sentence, tells us: “When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

And that line, as Jefferson will explain in the section that follows, sums up the position of the Colonies.  In that section, Jefferson sets out to make the case that the conduct of the King is a history of abuses and usurpations.  He lists 27 grievances against King George III – 27 instances where he violated the rights of the colonists – which he, Jefferson (and the Second Continental Congress, as evidenced by its adoption of the Declaration of Independence on July 4, 1776) believe evidences a design to reduce them under an absolute Despotism (tyranny).  In the last paragraph of the Declaration, Jefferson will finally make the case that because of this evil design, the Colonies have a right and a duty to dissolve their political bonds with the King.

The last paragraph reads:

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they 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. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The Declaration of Independence ends with these powerful words: “For the support of this Declaration, we mutually pledge to each other our Lives, our Fortunes, and our Sacred Honor.”  We can never forget that the Declaration was a treasonous document, which, if the British had won the war, would have sealed the fate of each of its signers and earned them a date with a hangman’s noose.  But they believed in their cause. They believed in the words they wrote in that document and they believed in their case against the King.  And they were willing to risk it all.

Signer Benjamin Rush (of Pennsylvania) wrote: “Do you recollect the pensive and awful silence which pervaded the house when we were called up, one after another, to the table of the President of Congress to subscribe what was believed by many at that time to be our own death warrants?”

After signing his name in a large flowing style, it is rumored that John Hancock’s full response was this: “There! His Majesty can now read my name without his spectacles. And he can double the reward on my head!”  Benjamin Franklin, insisting that every single delegate sign the Declaration of Independence, said: “We must all hang together or surely we shall all hang separately.”  The large, burly Virginian, Benjamin Harrison, turned to the pipsqueak from Massachusetts, Elbridge Gerry, and joked: “I will have a great advantage over you, Mr. Gerry, when we are all hung for what we are now doing. From the size and weight of my body I shall die in a few minutes, but from the lightness of your body, you will dance in the air an hour or two before you are dead.”

One day after the Declaration was adopted by the delegates to the Second Continental Congress, John Adams wrote home to his wife Abagail: “I am well aware of the toil and blood and treasure, that it will cost us to maintain this Declaration, and support and defend these States. Yet through all the gloom I can see the rays of ravishing light and glory. I can see that the End is more than worth all the means. And that posterity will triumph in that day’s transaction.”

In a speech he gave on the 150th Anniversary of the Declaration of Independence (5 July 1926), Calvin Coolidge reflected:

Great ideas do not burst upon the world unannounced. They are reached by a gradual development over a length of time usually proportionate to their importance. This is especially true of the principles laid down in the Declaration of Independence. Three very definite propositions were set out in its preamble regarding the nature of mankind and therefore of government. These were the doctrine that all men are created equal, that they are endowed with certain inalienable rights, and that therefore the source of the just powers of government must be derived from the consent of the governed. If no one is to be accounted as born into a superior station, if there is to be no ruling class, and if all possess rights which can neither be bartered away nor taken from them by any earthly power, it follows as a matter of course that the practical authority of the Government has to rest on the consent of the governed. While these principles were not altogether new in political action, and were very far from new in political speculation, they had never been assembled before and declared in such a combination… In its main features the Declaration of Independence is a great spiritual document. It is a declaration not of material but of spiritual conceptions. Equality, liberty, popular sovereignty, the rights of man — these are not elements which we can see and touch. They are ideals. They have their source and their roots in the religious convictions. They belong to the unseen world. Unless the faith of the American people in these religious convictions is to endure, the principles of our Declaration will perish. We cannot continue to enjoy the result if we neglect and abandon the cause… If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final.”

By a stroke of remarkable coincidence, both Thomas Jefferson and John Adams died on the same day – the fiftieth anniversary of the adoption of the Declaration of Independence, July 4, 1826.  Jefferson preceded Adams in death by five hours.

When I think about Independence Day, I think of our magnificent story.  I think about the uncompromising determination of people to live free and the eternal vigilance it took to finally secure lasting boundaries on government. I think about the ways the British and then the colonists expressed their discontent with the King and the many ways they sought to exert their rights, and how the many efforts culminated in their most famous expression in the American Declaration of Independence. I think about how our Founding Fathers brilliantly turned government on its head – transforming a system of government based on the Divine Right of Kings to a system predicated on Individual Sovereignty.  I think of a continuum of a story that began in 1215 with a stand-off on the meadow at Runnymede in order to secure a promise from an arrogant and ambitious king that ended with a document signed by 56 delegates assembled together from 13 separate states on July 4.  The continent may have changed, but man’s yearning to be free did not.

Now, as we all know, a country is a physical location inhabited by a body politic. Principles are embraced by people and not by geography, and so liberty and independence is a spirit that must live in all of us. If it doesn’t, then we suffer oppression together. As Machiavelli once said: “It is just as difficult and dangerous to try to free a people that wants to remain servile as it is to enslave a people that wants to remain free.”  The Declaration embraces our revolutionary spirit, and God help us when our country has the spirit of an aging grandmother. The key is to always keep that revolutionary spirit.  And maybe that’s what Independence Day is all about…. to reflect on our history and to rekindle that spirit every year.

In conclusion, I would like to implore that on this Independence Day and on every Independence Day, that we remember the advice that was once given to us by James Madison: “The people of the U.S. owe their Independence and their liberty to the wisdom of descrying in the minute tax of 3 pence on tea, the magnitude of the evil comprised in the precedent. Let them exert the same wisdom, in watching against every evil lurking under plausible disguises, and growing up from small beginnings.”

 

References:

Brion McClanahan, “Rethinking the Declaration of Independence,” Abbeville Institute, July 4, 2016.  Referenced at:  http://www.abbevilleinstitute.org/blog/rethinking-the-declaration-of-independence/

Dr. Almon Leroy Way, Jr. (Professor of Political Science), “The American System of Government: The American Constitutional System – English Origins (1066-1558),” Cyberland University of North Carolina.

Referenced at:  http://www.proconservative.net/CUNAPolSci201PartFourB.shtml  [In-depth study of the Magna Carta]

The Petition of Right of 1628 – http://study.com/academy/lesson/petition-of-right-of-1628-definition-summary.html

The English Bill of Rights of 1689 –  http://avalon.law.yale.edu/17th_century/england.asp

The Grand Remonstrance – http://www.constitution.org/eng/conpur043.htm

The Declaration and Resolves – http://avalon.law.yale.edu/18th_century/resolves.asp

Patrick Henry’s Speech of March 23, 1775 – https://www.history.org/almanack/life/politics/giveme.cfm

Halifax Resolves – http://www.learnnc.org/lp/editions/nchist-revolution/4328

Preamble and Resolution of the Virginia Convention of May 15, 1776  – http://avalon.law.yale.edu/18th_century/const02.asp

The Lee Resolutions –  http://avalon.law.yale.edu/18th_century/lee.asp

“Boiling It Down, This Is What You’ve Said,” Mark America, October 15, 2011.  Referenced at:  http://markamerica.com/2011/10/15/boiling-it-down-this-is-what-youve-said/

Winston Churchill, “The Sinews of Peace”, address at Westminster College, Fulton, Missouri (March 5, 1946); in Robert Rhodes James, ed., Winston S. Churchill: His Complete Speeches, 1897–1963 (1974), vol. 7, p. 7288.

Calvin Coolidge, speech on the Occasion of the 150th Anniversary of the Declaration of Independence (July 5, 1926).

 

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Esteemed Ghosts From Our Past

LIBERTY - Sweet Land of Liberty

by Diane Rufino

If you are ever confused as to the order of things, the emphasis of individual rights with respect to government, the rights of States with respect to the federal government, and the states’ rights of nullification and disunion with respect to the government’s position, it helps to refresh oneself with the wisdom of the men who wrote our Founding documents and provided us with the bedrock on which our nation was established and grounded.

James Madison (the principle author of our Constitution) wrote to Thomas Jefferson (the author of our Declaration of Independence) that the Constitution was subordinate to the Principles and Rights enshrined in our Declaration. Madison noted, “On the distinctive principles of the Government … of the U. States, the best guides are to be found in … The Declaration of Independence, as the fundamental Act of Union of these States.” In other words, although the Articles of Confederation and its successor, the U.S. Constitution, were the contractual agreements binding the several states into one union – E Pluribus Unum – the innate Rights of Man identified in the Declaration are the overarching act of that union, and would never be negotiable by way of “collective agreement and compromise.”

Nor are those Rights negotiable today or tomorrow.

Similarly, the government as a political institution primarily tasked to protect the essential liberties of the people is the only grounds for allegiance by the people. Once that purpose becomes frustrated, abused, diluted, or convoluted, it is the right of the people to alter or abolish government.

Leftists and progressives refuse to acknowledge that the Rights of Man are non-negotiable, as we have seen in the debates over gun control. Leftists like Barack Obama do not believe that individuals have the inherent right to own guns. In other words, they don’t believe in the Second Amendment. Furthermore, if they don’t believe in the Second Amendment, then they fundamentally do not understand the Bill of Rights and the role of government. Rather, they subscribe to the errant notion of a “living breathing constitution” (“living breathing document”) – one which is subject to an at-will interpretation, and most conveniently, to the interpretation of the very government that the Constitution seeks to limit. A living, breathing constitution” is one that has no fixed meaning and therefore individual rights are subject to executive and legislative encroachment whenever it suits the government’s agenda. A “living breathing constitution” is one that can be judicially amendment by diktat, instead of its legally prescribed method of amendment in Article V. This enables them to undermine the Constitution’s fundamental protections of Human Rights and to transform government into whatever suits them.

Likewise, even though our Founding Fathers and indeed the drafters of our Declaration and Constitution acknowledged that the states have a right to check the power of the federal government and prevent it from encroaching on its sovereign powers and they have the right to voluntarily leave the union, and these rights supercede the Constitution, the federal government, through the voice of Presidents and the men (ie, puppets) they appoint to the Supreme Court, has attempted to deny that these rights do not exist. [seeTexas v. White (1868, decision written by Lincoln’s appointee as Chief Justice, his former cabinet member and right-hand man, Salmon Chase) and Cooper v. Aaron (1958)]

At North Carolina’s first Ratifying Convention in Hillsborough in July-August 1788, attorney James Iredell explained the status of the Constitution: “When Congress passes a law consistent with the Constitution, it is to be binding on the people. If Congress, under pretense of executing one power, should, in fact, usurp another, they will violate the Constitution.” In other words, if a law is passed by the US Congress that exceeds the authority granted at the time (1787-1788), that law is null and void and therefore is no law at all. The States must not enforce it. At that Hillsborough Convention, the NC delegates voted 184-84 not to adopt the Constitution. The anti-Federalist majority concurred with delegate William Gowdy of Guilford County, when he remarked: “Power belongs originally to the people, but if rulers be not well guarded, that power may be usurped from them.” It should be noted that the Hillsborough Convention is perhaps the most insightful convention regarding the original intent of the Constitution. The transcriber of the debates in that Convention was non-partisan.

Alexander Hamilton, who co-wrote The Federalist Papers, the series of essays assuring the States that the government created under the Constitution is one of very limited powers, wrote: “The Supreme Being gave existence to man …; and invested him with an inviolable right to personal liberty and personal safety … Hence, also, the origin of all civil government, justly established, must be a voluntary compact between the rulers and the ruled; and must be liable to- such limitations, as are necessary for the security of the absolute rights of the latter: for what original title can any man, or set of men, have to govern others, except their own consent? To usurp dominion over a people, in their own despite; or to grasp at a more extensive power than they are willing to entrust; is to violate that law of nature, which gives every man a right to his personal liberty; and can, therefore, confer no obligation to obedience.”

Although Presidents and Congressmen and justices (and all other government officials as well) swear a solemn oath to “to Support and Defend” our Constitution (with some taking the oath on the Koran, a document that demands allegiance to a system that must ignore the Constitution), most politicians on the Left and too many on the Right ignore that obligation, and have trampled on the notion established by the Constitution – The Rule of Law – with reckless abandon. The implications for Liberty are dire.

The debate between right and left, of progressives/liberals and conservatives, characterizes all fundamental historical debates regarding Liberty and tyranny and begs the core question: Who endows the Rights of Man? — God (as ordained in natural law) or government (as ordained by man)?

The Left’s position has been made plainly evident by Barack Hussein Obama, who has a history of deliberately and repeatedly omitting the words “endowed by their Creator” when citing in open constituent forums the Declaration’s reference to “Rights.” He intentionally compares himself to Abraham Lincoln for a reason. Lincoln himself ignored the intent and the letter of the Constitution perhaps more than any other president and enlarged government in a way that no Founder could have envisioned (although Hamilton had hoped, and maybe even Madison too for just a brief period in time).

“Obama and other contemporary leftist protagonists seek to substitute Liberty as ensured under the Rule of Law established by our Constitution, with the rule of men in their so-called ‘living breathing constitution.’ They do so because the former is predicated on the principle that Liberty is innately ‘endowed by our Creator,’ while the latter asserts that government is the sole arbiter and grantor of Liberty. Ignorance of the true and eternal source of the Rights of Man is fertile ground for the Left’s assertion that government endows such Rights. It is also perilous ground, soaked with the blood of generations of American Patriots defending Liberty at home and around the world. Indeed, as Jefferson wrote, ‘The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants.’” [Mark Alexander, “The Inalienable Rights of Man”]

[These comments are based, in large part, on an article by Mark Alexander – See Mark Alexander, “The Inalienable Rights of Man: A Brief Civics Lesson on Liberty,”The Patriot Post, February 18, 2015. Referenced at: http://patriotpost.us/alexander/33261 ]

Nullification: Comments to a Harsh Critic

Thomas Jefferson - Change We Can Believe in   by Diane Rufino

I wrote an article in support of Nullification (“Limit Federal Spending through Nullification and State Escrow Accounts”).  A man responded with this comment: “You  propose a remedy and say it’s based on Nullification… In other words, it’s based on crackpottery, along the lines of ‘sovereign citizens.’  SCOTUS has repeatedly rejected nullification and yet loons still pop out of the woodwork claiming to perform legal smoke-and-mirrors using it.”

I wrote the following to him in response:

You seem to understand very little of the most critical of the checks and balances that our Founders created in order that our government remained limited and the liberty of the American people (who had just seceded from the most powerful empire on the planet at the time because that King and Parliament refused to respect the rights of the colonists under the English Bill of Rights of 1689) remain paramount, protected, and unburdened. I’m talking about the federal nature of our government. State versus federal government. Sovereign versus Sovereign. Each acting as jealous guardians of their power in order that neither invade the sphere of power of the other. This was the unique design feature of our American government and the gemstone upon which our liberty was to be secure. I mean, the Ninth and Tenth Amendments certainly are not obscure, And that’s what Nullification is all about. It’s about recognizing this critical doctrine, giving it practical meaning, and about recognizing what Patrick Henry warned about in 1788 in the Virginia Ratifying Convention (Our eye must always be on Liberty….”give us that precious jewel and you can take everything else.”).

If you truly believe that the federal government has the exclusive right to judge the extent of its own powers, then you are unfit to preserve liberty for your grandchildren.  You are fit for a master and deserve one.

If the federal government has the exclusive right to judge the extent of its own powers, as Madison and Jefferson warned in 1798-99, it will continue to grow – regardless of elections, the separation of powers, and other limits on government power.  And then we will have a government no better than the one our forefathers fought a bloody revolution for or the ones that we fought a horrendous world war to wipe off the face of the planet.

You may trust 9 men who wear black robes and sit on the bench of the Supreme Court, but that’s all they are…. men (“motivated, as we all are, by the same passion for party, for power, for social change, and for legacy). And their power is the most dangerous because they are in office for life, and not responsible or accountable, as the other functionaries are, to Elective control. 4 members of the Court already believe that their job is to re-interpret the Constitution. How would you like it if an unaccountable group of people took a look at your mortgage agreement and decided that its terms all of a sudden don’t mean the same as when you signed the document? How would you like it if, for the good of the bank and its ability to lend more money to more people, it was going to increase your interest rate by 100% (that is, double it), or even triple it.  A free people deserve transparency. They deserve to know that the document that protects them from the reaches of government is ironclad and means today what it meant yesterday and what it will mean tomorrow. Let me ask you this. You say the Supreme Court addressed the issue of secession and nullification and decided that they are unconstitutional. (I lump them both together since that is what most critics of Nullification seem to do).  First of all, the justice who wrote the decision was a personal friend of Abraham Lincoln. He was promoted from Sec, of State to Chief Justice. He owed his career to Lincoln and the decision reads as if Lincoln himself wrote it. Second of all, Chase did not go to law school. He learned law pretty much by an apprenticeship. And you’re willing to say his decision should be worthy of being called “the law of the land”?  Third, and finally, the ONLY job of the Supreme Court is to interpret strictly the Constitution (see Marbury v. Madison). As Justice Marshall wrote in that decision: “To take one step beyond the bounds of the Constitution is to violate the oath of allegiance that one takes to that document and that amounts to treason.” (I’ve paraphrased).  Secession and Nullification are NOT addressed in the Constitution at all. Why? Because secession is a fundamental right, as explained in the Declaration of Independence. It is as fundamental to free individuals as is the inalienable rights of Life, Liberty, and Pursuit of Happiness. (Go to paragraph 2; it’s all right there). And Nullification is implied in the very nature of federalism and in the Tenth Amendment. It’s like saying to an individual… “You have the right to life but you can’t defend it.”  Well, we DO have the right to life and we DO have the right to defend it. The implied right is our right to self-defense and self-preservation, which is also in second paragraph of the Declaration.  If the issue is NOT in the Constitution, the Court has nothing to interpret. It is beyond their jurisdiction. The Declaration is not a document for the federal courts to interpret or dismiss.  Thomas Jefferson wrote: “To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.”  This is great advice and one that no one seems to heed.

You may put your trust in SCOTUS, but it is poorly-placed trust, my friend. That Court has taken away your right to alter or abolish your government, even when it becomes destructive of your God-given rights, it has taken your money (ear-marked for “social security”) and said it is NOT your property after all and the government can do what it wants with it, it has forbidden you to express your religion in public institutions, it has said you have no right to be informed or consulted if you child wants an abortion, and it recently announced that the government can use the taxing power to coerce ordinary Americans into doing what it wants them to do,  As for me, I put my trust in Thomas Jefferson and James Madison, the very men who remember why we separated from England and who wrote our founding documents (and therefore, understood them best).