Our Modern-Day Interposer, Judge Roy Moore

JUDGE ROY MOORE - with his statue

by Diane Rufino, January 25, 2018

I just wrote an article explaining the doctrine of Interposition and how vital a remedy it is against federal tyranny. (“Interposition: The Duty to Say “NO!”). In that article, I wrote: “Our challenge is to stand up as a people, and as individual States, to the government officials, the government bodies, and yes, even federal judges who are violating, ignoring, eroding, or otherwise re-interpreting the Constitution our Bill of Rights. Each unconstitutional act usurps the powers delegated or reserved to the People and the States. Nature’s Law supersedes man’s law. Every failure to resist the tyranny posed by an unconstitutional act tightens the noose around freedom’s neck.”

Explaining Interposition, I wrote

Since the Tenth Amendment cannot enforce itself, interposition is one of the doctrines that allows the States and the People to stand up for the rights that are reserved to them. Right now, the federal government has a monopoly over the meaning and scope of its powers. Congress makes the laws, the president signs the laws and enforces then, and the courts review them for constitutionality. It wasn’t always this way. The federal courts were originally only supposed to render an “opinion” to the other branches. They were to take that opinion under advisement and amend the particular law or alter their conduct. The “check” that the “opinion” offered was that it was public; once the States found out the opinion, as sovereigns and as the co-parties to the compact known as the US Constitution, they always had the option to nullify and refuse to enforce a law or policy that the court deemed as unconstitutional. But the judicial branch made sure that its power was much more substantial than rendering a mere opinion. The federal monopoly was established when Chief Justice John Marshall handed down the Marbury v. Madison opinion in 1803. Essentially the decision asserts that the Supreme Court is the tribunal tasked with interpreting the Constitution and as such, it’s “opinions” are not really “opinions” at all but binding decisions. Whatever the men in robes decide is the meaning and the intent of the Constitution IS the meaning and intent and its decisions are final and binding.

But rights and liberties are never secure when men and women have the power to interpret while also being motivated by political opinions, personal passions, etc. The Tenth Amendment MUST not be left to the federal government monopoly to ignore or re-interpret as it sees fit.

The remedy always available to those who hold the reserved powers is interposition – to recognize that certain acts are unconstitutional and exceed delegated powers (and hence are null and void and legally unenforceable) and then to take the necessary steps to make sure that they are NOT enforced. To allow them to be enforced is allowing government usurpation.

We saw an act of Interposition in 2010 or so when the state of Arizona took on the federal government. The Arizona state government was fed up with the fact that the Obama administration refused to enforce immigration laws. The State was being overly burdened by illegal immigration and without enforcement of federal laws or even an immigration policy, the problem was increasingly getting worse. So, the Arizona legislature passed a law giving its state law enforcement powers to determine which immigrants were undocumented and to require employers to do the same in the hiring process (e-verify). Without the ability to work in the state or to be free of law enforcement checks, perhaps the immigrants would leave. The Arizona legislature and Governor Jan Brewer interposed for the benefit of their citizens and for the proper functioning of the State. Quickly, however, Obama sued the State. How dare it interpose.

And then we saw the case of Judge Roy Moore in Arkansas. He dared to stand up to judicial tyranny.

It’s been a sad several years in America. Several decades actually. For 8 years, we had a president whose approach to government was that if he didn’t get what he wanted, “I’ve got a pen and I’ve got a phone.” When he didn’t get amnesty for illegals (The Dream Act), he acted by Executive Order to establish the DACA program (which is temporary amnesty for illegals, ages 18 and younger, brought to the US by their parents). It was UNCONSTITUTIONAL. He created a law which is the sole domain of the legislative branch. In fact, his action went directly against the actions of the legislature since Congress would not pass the Dream Act. He misled – no, LIED – to the American people with the Affordable Care Act, which eventually became law as a new tax. The law is UNCONSTIUTTIONAL as exceeding the bounds of the taxing power (the mandate is a “punishment” for not signing up for Obamacare and that is one of the classifications that the taxing power is not allowed to be used for). He refused to allow the federal government to enforce DOMA (Defense of Marriage Act), claiming that marriage is between any two consenting people, even same-sex. The Supreme Court would rule that the States have no right or power to define marriage narrowly so as to only be between a man and a woman. In other words, the Court handed down an UNCONSTITUTIONAL opinion by usurping a traditional power reserved to the States by the Tenth Amendment. Similarly, Obama threatened and attempted to coerce the states of North Carolina over bathrooms according to biological gender. He said that civil rights law would be “interpreted” (even though there was no court history to back him up and the law includes clear definitions) to include protection for transgenders in the term “it is unlawful to discriminate against an individual because of his or her sex.”

The Civil Rights Act of 1964 was enacted “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity (EEOC), and for other purposes.” (intro of the bill). The Act provides that “It is unlawful to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin.”

In the definition section of the Act, it provides: “(k) The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions…”

Obama used the IRS to subdue the voice of Tea Party and other conservative groups by not allowing them to form into organizations and therefore participate in elections, he obstructed justice on too many matters to list here, and colluded with the DNC and Hillary Clinton and her campaign to use the full powers of the federal government to prevent Donald Trump from becoming president. His disdain for the US Constitution, for the Rule of Law, and for the rightful role of government was so palpable that the Tea Party arose. In fact, judging by the turn-out and the energy in 2016 and the election of Trump, it is abundantly clear that the American people are, at heart, Tea Partiers. They want limited government. But yet the media and the liberal left (the no-brainers) are still willing to give Obama a pass on all his acts of absolute tyranny.

We have Senator Chuck Schumer who intentionally shut down the government over a matter that nothing to do with the government funding bill and over a class of individuals who have no legal recognition in this country nor claim to protection under any of our laws. We have Nancy Pelosi who admits not only that she shouldn’t have to actually read a bill before signing it but that the Constitution means nothing to her. As if ignorance wasn’t her only defining characteristic, she also had the absolute gall to refer to a major tax cut for middle class Americans (one that has real meaning and real tangible benefits to most Americans) as “crumbs” (because, after all, we aren’t as wealthy as her – ie, we all didn’t have the opportunity to enrich ourselves while serving in office, AND we don’t have a government slush fund to cover our expenses) and to take all House Democrats out to a swanky Italian feast to celebrate the fact that they had just stopped paying our men and women serving in uniform, including at the dangerous Mexican border. And we have Rep. Maxine Waters who uses her office NOT to serve in the capacity she was elected to but rather to cry “racism” at every chance she gets, to continually label the president as racist, incompetent, rude, etc and to try to have him impeached on these unimpeachable claims. We have other representatives also so colossally incompetent, useless, and reckless.

But Judge Moore, a man who singlehandedly stood up to judicial tyranny and tried to set the Constitution right, is vilified. A man like him was not elected to DC. Democrats want Obama back, and in fact, they wanted someone worse (more corrupt) – Hillary Clinton. But Judge Moore was not suitable.

Just how did Judge Roy Moore interpose? In 1868, the Fourteenth Amendment was added to the US Constitution. I did not write “In 1868, the Fourteenth Amendment was passed” because it never did legally pass. And it wasn’t an amendment as much as it was “punishment” for the Southern states. The North forced it on the subjugated southern states. In fact, the amendment is not legitimate at all under the required process outlined in Article V. But for a moment, let’s suppose that it was. The amendment was intended as a codification of the Civil Rights Law at the time, the Civil Rights Act of 1866.

The Civil Rights Act of 1866, enacted on April 9, 1866, was the first federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended to protect the civil rights of persons of African descent born in or brought to the U.S., in the wake of the American Civil War. In other words, it was intended to over-ride the portion of the Dred Scott decision of 1857 that said that persons of African descent (all blacks) were never intended to be citizens and therefore could not be so, and as such were not entitled to the protections of the US Constitution. The Civil Rights Act was actually enacted by Congress in 1865 but was vetoed by President Andrew Johnson. In April 1866, Congress again passed the bill as a companion to, and in support of, the Thirteenth Amendment. Although President Johnson again vetoed it, a two-thirds majority in each chamber overcame the veto and the bill became law. Rep. John Bingham (R-OH) and some other congressmen argued that Congress did not yet have sufficient constitutional power to enact this law and then the idea came to memorialize the Civil Rights Act in constitutional amendment form and force the former confederate states to ratify it (as a condition to being re-admitted to the Union. Note, they had been admitted to the Union implicitly by including them in the ratification process for the Thirteenth Amendment. But then they were “kicked out” again for the sole purpose of conditioning their re- re-entry on ratification of the Fourteenth Amendment !!]

So, assume the Fourteenth Amendment’s purpose (stated purpose in fact) was to provide citizenship for the newly-freed slaves and to recognize that as citizens, they also have the same rights and privileges as every other US citizen and they are entitled to equal protection under the laws. When the slaves were freed, the North wanted to make sure that the South couldn’t tacitly continue to treat them as slaves by denying them the rights and privileges necessary to assume an equal and meaningful place in society. Secretly, the North just wanted to make sure the freed slaves stayed in the South. The Supreme Court, however, found a way to use this amendment to usurp the original meaning of the Bill of Rights and to strip the States of their powers. Beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to “incorporate” most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

Prior to the ratification of the Fourteenth Amendment and the development of the “Incorporation doctrine,” the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendments did not apply to state governments. [See Richard Aynes’ law journal article on the meaning and intent of the Fourteenth Amendment]. But the temptation to strip the States of its ability to remain free from the constraints of the Bill of Rights was too great. And little by little, areas historically reserved to the States to regulate have been taken away by nine men in black robes.

For example, with respect to the First Amendment: The guarantee against an Establishment of Religion was incorporated against the States in 1947 (Everson v. Board of Education – the infamous “Wall of Separation” case); the guarantee of one’s Free Exercise of Religion was incorporated against the States in 1940 (Cantwell v. Connecticut); the guarantee of Freedom of Speech was incorporated in 1925 (Gitlow v. New York); the guarantee of Freedom of the Press was incorporated in 1931 (Near v. Minnesota); the guarantee of Freedom of Assembly was incorporated in 1937 (DeJonge v. Oregon); and the guarantee of the Right to Petition for Redress of Grievances was incorporated against the States in 1963 (Edwards v. South Carolina). Now, most Americans might think that it’s a good thing to guarantee that the States can’t infringe these essential liberty rights, but history has shown that the Supreme Court has actually stripped individuals of their rights to self-governance in their States and localities by the Incorporation Doctrine. The federal courts are using it to establish a one-size fits all model across the United States. Each state will feel, and BE the same. There used to be the notion that each state had their own “character,” their own social environment and their conditions of living, as determined by those who live in that “backyard.” And those who don’t like the character or condition of their “backyard” are free to move to a state that is more to their liking. State borders are supposed to mean more than mere physical boundaries and confines of legal jurisdiction.

Alabama Supreme Court Judge Roy Moore understood the unconstitutionality of the Incorporation Doctrine. He understood the decisions amounted to judicial over-reach and judicial tyranny. And so, in 2001, when the first of two lawsuits was brought demanding that he take down the a 5,280-pound (2,400 kg) block of granite with the Ten Commandments engraved on it, which was placed in front of the Alabama state courthouse, he stood his ground. In the case Glassroth v. Moore (Fed District Court, 2003) [and the companion case Maddox and Howard v. Moore], the court agreed with the plaintiffs, lawyers who were concerned that their clients might feel they would not be treated fairly if they didn’t agree with the Judeo-Christian tenets, and held that the statue is an impermissible establishment of religion, violates the First Amendment as incorporated against the state of Alabama by the Fourteenth Amendment, and therefore had to be removed. Judge Moore refused. He appealed to the Federal Court of Appeals for the 11th Circuit but the panel of judges affirmed the lower court decision. Again Judge Moore refused to take the statue down. If the federal government wanted to erase any connection to the Ten Commandments at any federal court because God forbid it might convince someone that the government is establishing a national religion, then that was within the government’s right. But according to Moore, if the state of Alabama wanted to have the Ten Commandments at their courthouse to remind them “of a higher law,” to remind them of the moral foundation of law, and to also remind them of the provision including in the very preamble to the state constitution “that in order to establish justice we must invoke ‘the favor and guidance of almighty God,’” it had the right to do so under the rightful interpretation of the US Constitution and Bill of Rights, including the Fourteenth Amendment.

The other judges of the Alabama Supreme Court finally stepped in and had the statue taken away from the courthouse, and Judge Moore was removed from office for his refusal to comply with the federal court decision.

Indeed, as Mike Scruggs put it: “A great opportunity to insist on both States’ Rights and Religious Liberties was forfeited when the Governor and most of the Alabama Supreme Court failed to back Judge Moore in his resistance to federal judicial tyranny.”

All tyranny needs is people to do nothing.

Our government in Washington DC is full of people who don’t know how to say NO or even how to conduct themselves as government officials in accordance with the rightful authority given to them. Day upon day, we allow government tyranny, and especially, judicial tyranny. Do we even realize how many of our rights have been burdened over the years? We say we are “Free” but freedom implies the ability to exercise our God-given rights without condition and without government intervention or regulation. How “freely” are we really able to exercise our rights? Think on that as you self-censor, as you hide the cross around your neck in certain situations, as you decide not to put a bumper sticker on your car, as you decide not to say a prayer before your meal because someone might see you doing so, as you watch 1/3 of your hard-earned money get siphoned off by the government to spend predominantly on items that are unconstitutional, as you break into a sweat when April 15 comes around and you question whether you have saved all your receipts and if you have listed everything on your taxes so that you aren’t audited, and as you lose your job because someone in some cubicle somewhere was offended by something you said, posted in your private cubicle, wrote on FB, or something you wore around your neck or embossed on a tote bag.

Judge Moore may have been an unfavorable candidate, but it is most likely that the allegations against him were fabricated. He may be a flawed individual, but he is the RIGHT kind of individual for government. He is an unashamed, unapologetic, and undeterred interposer. Thomas Jefferson was a flawed man, as the left loves to point out, but he gave us the most consequential and meaningful document that any man has produced for mankind – the Declaration of Independence. The world has never been the same.


VIDEO – President Obama, in a press conference, stating “I have a pen and I have a phone.” Referenced on YouTube: https://www.youtube.com/watch?v=G6tOgF_w-yI

Richard L. Aynes, “On Misreading John Bingham and the Fourteenth Amendment,” Yale Law Journal, October 1993, Pg. 57. Referenced at: http://www.constitution.org/lrev/aynes_14th.htm

Title VII of the Civil Rights Act of 1964 – https://www.eeoc.gov/laws/statutes/titlevii.cfm

“The Short History of the Battle Over the Ten Commandments in Alabama.” http://www.wsfa.com/story/421482/short-history-of-the-battle-over-the-ten-commandments-in-alabama

Lawrence “Mike” Scruggs, The Un-Civil War: Shattering the Myths; 2011, Universal Media (Charlotte, NC), Chapter 6.


INTERPOSITION: The Duty to Say “NO!”

NO - Just say NO (signs)

by Diane Rufino, January 25, 2018

The word Interposition means “to place between; cause to intervene.” In the context of the Constitution and the system of government it has established in this country, interposition is the doctrine that says that an individual State may oppose any federal action it believes encroaches on its sovereignty. It is a doctrine tied to the Tenth Amendment. The Tenth Amendment, as we all know, is a restatement of the fact that government power is split between two sovereigns, the federal government and the individual States. The Constitution establishes a horizontal separation of powers between the executive, legislative, and judicial branches at the federal level. By the very nature of its limited grants of delegated powers to those branches, the Constitution also establishes a vertical separation of powers between the federal government and the State governments. By “vertical,” we mean that the federal and State governments are co-equal sovereigns. The Tenth Amendment is a restatement of the fact that the Union is not a consolidated one with unlimited power at the federal level but rather a federation of sovereign states with most of the day-to-day running of people’s lives and governing of communities being reserved to the States and the powers to regulate for safety and security, immigration, commerce, and currency being delegated to the common government. Dual Sovereignty. The Tenth Amendment, quite simply, reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”

Since the Tenth Amendment cannot enforce itself, interposition is one of the doctrines that allows the States and the People to stand up for the rights that are reserved to them.  Right now, the federal government has a monopoly over the meaning and scope of its powers. Congress makes the laws, the president signs the laws and enforces then, and the courts review them for constitutionality.  It wasn’t always this way. The federal courts were originally only supposed to render an “opinion” to the other branches. They were to take that opinion under advisement and amend the particular law or alter their conduct. The “check” that the “opinion” offered was that it was public; once the States found out the opinion, as sovereigns and as the co-parties to the compact known as the US Constitution, they always had the option to nullify and refuse to enforce a law or policy that the court deemed as unconstitutional. But the judicial branch made sure that its power was much more substantial than rendering a mere opinion. The federal monopoly was established when Chief Justice John Marshall handed down the Marbury v. Madison opinion in 1803.  Essentially the decision asserts that the Supreme Court is the tribunal tasked with interpreting the Constitution and as such, it’s “opinions” are not really “opinions” at all but binding decisions. Whatever the men in robes decide is the meaning and the intent of the Constitution IS the meaning and intent and its decisions are final and binding.

But rights and liberties are never secure when men and women have the power to interpret while also being motivated by political opinions, personal passions, etc. The Tenth Amendment MUST not be left to the federal government monopoly to ignore or re-interpret as it sees fit.

The remedy always available to those who hold the reserved powers is interposition – to recognize that certain acts are unconstitutional and exceed delegated powers (and hence are null and void and legally unenforceable) and then to take the necessary steps to make sure that they are NOT enforced. To allow them to be enforced is allowing government usurpation.

I. Interposition: Its Roots in the Magna Carta –

Interposition is a doctrine that the federal government abhors. Arizona tried to interpose in 2010 or so when it was fed up with the fact that the Obama administration refused to enforce immigration laws and the State was being overly burdened by illegal immigration. It passed a law giving its state law enforcement powers to determine which immigrants were undocumented and to require employers to do the same in the hiring process (e-verify). The Arizona legislature and Governor Jan Brewer interposed for the benefit of their citizens and for the proper functioning of the State. Quickly, however, Obama sued the State. How dare it interpose.

Where did this doctrine come from???

It has its roots in the Great English Charter itself – the Magna Carta, signed in the year 1215 by King John to formally recognize the “rights” recognized by ancient tradition and custom of the barons and other lower-class Englishmen. (Remember, this was Medieval England, the era of serfdom)

At the end of the Charter, the English barons included a section providing for the enforcement of its provisions. Section 61 read:

“Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.”

Put simply, Section 61 established a representative group of 25 barons, to be selected as they see fit, who would be tasked with the responsibility of making sure that the promises made by King John when he signed the Charter are kept, even at the point of rebellion against him. This group of 25 “shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter.”

In other words, because the King may eventually ignore the promises he made, those who hold the rights and liberties have the right to decide when they’ve violated and then to take any and all steps to make sure that such violation is remedied.

I would argue that inherent in any compact that protects individual rights is the right of those who hold those rights to decide when they’ve been violated and then to take any and all steps to make sure that such violation is remedied.

I would also argue that in any social compact where government power is delegated and powers are reserved, that each party (the one receiving the delegated power and the ones holing the reserved powers) has the right to prevent the other from taking what is legally theirs. This doctrine therefore applies to the Constitution, itself being a social compact.

How did the Magna Carta come about?

II. The History – The Meeting at Runnymede and The Story of King John and the Magna Carta [Constitutional Rights Foundation, 2001. Referenced at: http://www.crf-usa.org/foundations-of-our-constitution/magna-carta.html ]

A. Who Was King John?

Myth and history are intertwined in the England of 800 years ago. We all remember the outlaw, Robin Hood. From his hideout in Sherwood Forest, he and his band of Merry Men preyed on the rich and gave to the poor. Their archenemy was the Sheriff of Nottingham, who took his orders from the sinister Prince John. While Robin Hood never existed, John certainly did. He was the central character in a real life drama that led to a milestone in human liberty: Magna Carta. Prince John’s older brother, Richard, became king of England when their father, Henry II, died in 1189. King Richard I (also called Richard the Lionhearted) spent almost the entire 10 years of his reign away from England. He fought in tournaments, led crusades and waged several wars on the continent of Europe.

Since Richard needed revenue to pay for his adventures, he taxed his subjects heavily. At one point Richard was captured by his enemies and held for ransom (a common practice in feudal Europe). Richard’s tax collectors in England had to raise an enormous sum of money to free him. Despite Richard’s demands, the people back home in England loved him as a conquering hero.

When Richard died in 1199, John became King. Unlike his brother, John tended to stay at home and run his kingdom on a day to day basis. John, however, continued his brother’s harsh tax policy. Because John lacked Richard’s heroic image and charisma, his subjects began to hate him for his constant demands for more tax money

B. King John vs. The Church –

King John made more enemies when he refused to accept the appointment of Stephen Langton as Archbishop of Canterbury, the most important position in the English Catholic Church. By so doing, John challenged the authority of Pope Innocent III in Rome, who punished John by excommunication. John retaliated by taxing the Church in England, confiscating its lands and forcing many priests to leave their parishes.

While King John carried on his dispute with the Pope, powerful English landowners called barons conspired against him. Fuming over John’s heavy taxes and other abuses of power, the barons plotted rebellion. To head them off, King John made an unexpected move.

In 1212, King John agreed to have Stephen Langton become Archbishop of Canterbury. John also promised to compensate the Church for its money and lands. John even went so far as to make England a fief of the Pope. King John still ruled England, but, as John’s liege lord, the Pope gained tremendous prestige throughout Europe. Pope Innocent was delighted and in 1213 ended John’s excommunication. With John now under the protection of the Church, the resentful barons retreated—at least for a while.

C. King John vs. the Barons —

Convinced that his throne was again safe, King John returned to one of his favorite projects. For years he had dreamed to retake possession of lands in France that had once belonged to his ancestors. Once before, John had led a military expedition to France. Although he won a number of battles, John failed to decisively defeat the French king. Now, in 1213, John planned another campaign.

An invasion of France required many soldiers and more money. Under feudal law, a liege lord had the right to call upon his vassals to provide knights or money during times of war. From the English barons, all vassals of King John, he demanded men-at-arms or gold to support his new French war. Many of the barons refused, having little interest in John’s quarrel with the French king. Enraged, King John set out to punish them by attacking their castles.

Early in 1214, he abandoned his domestic quarrels and left with a force of loyal barons and mercenaries (paid soldiers) for France. History repeated itself. John succeeded in winning some battles, but failed to gain control of the disputed lands.

D. The Road to Runnymede —

Soon after returning to English soil in October 1214, King John resumed his demand for money from the rebellious barons. His demands fell on deaf ears. Sensing John’s weakness after his failure in France, the barons began to make their own demands. In January 1215, a group of them appeared before King John asking for a written charter from him confirming ancient liberties granted by earlier kings of England. Evidence suggests that the newly appointed Archbishop Stephen Langton may have encouraged these demands.

John decided to stall for time; he would give the barons an answer later in the spring. In the meantime, John sent letters to enlist the support of Pope Innocent III, and also began to assemble a mercenary army.

In April, the barons presented John with more specific demands. John flatly rejected them. He remarked: “Why do not the barons, with these unjust exactions, ask my kingdom?”

In response, the barons withdrew their allegiance to King John, and started to form their own rebel army. At the head of the rebel forces was Robert FitzWalter, who called himself “Marshal of the army of God and Holy Church.” In an effort to cool things off, John proposed that the Pope settle their differences. With the Pope openly siding with King John, the barons refused. John ordered his sheriffs to crush the rebel barons and they retaliated by occupying London.

A stalemate ensued. The 40 or so rebel barons and their forces held London as well as their own fortified castles throughout England. King John commanded a slightly smaller force of loyalist barons and mercenaries. Unaligned were about 100 barons plus a group of church leaders headed by the ever-present Archbishop Stephen Langton. Langton (who was sympathetic to the rebels if not one himself) began to work for a negotiated settlement to prevent all-out civil war and arranged a meeting to be held at Runnymede, a meadow on the Thames west of London.

E. Meeting at Runnymede —

King John and his supporters, the rebel barons, the neutrals, church leaders and Archbishop Langton all met at Runnymede on June 15, 1215. Actually, the Charter was negotiated at Runnymede between 10 and 15 June 1215, with King John riding down each day from Windsor, and the barons encamped in their tents across the meadows beside the Thames. Significantly, while most of King John’s fighting men were scattered throughout his kingdom, the rebels appeared at full military strength.

Little is known about the details of this historic meeting, but we do know that King John placed his seal of approval on a document called the “Articles of the Barons.” Over the next few days these articles were rewritten, expanded, and put into the legal language of a royal charter. At some point, probably on June 19, King John put his seal on the final draft of what we call today “Magna Carta” or “The Great Charter.” In exchange, the rebellious barons renewed their oath of allegiance to King John, thus ending the immediate threat of civil war.

With the document, the nobles compelled John to execute this recognition of rights for both noblemen and ordinary Englishmen. The Charter begins with Article 1, which, besides asserting that “the English Church shall be free,” also states: “We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.” Besides recognizing the right of the church to be free from governmental interference, the Magna Carta also recognized the rights of all free citizens to own and inherit property and to be protected from excessive taxes through representation in a “common counsel.” It established the principles of due process and equality before the law, the right to a jury of one’s peers, and the right of widows who owned property to choose not to remarry. It also contained provisions forbidding bribery and official misconduct.

And, as mentioned earlier, it included an enforcement provision: Section 61 read: “61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.

Tricky to the end, however, King John left off the names of the 25 barons who were to be tasked with the enforcement of the charter’s terms. By doing so, John intended to downplay the enforcement provision and in general hoped the Charter would become no more than a toothless symbol of his generosity to the kingdom.

Magna Carta of 1215 was not really intended to be a list of rights for Englishmen or even the barons themselves. It was more like a contract in which John bound himself to abide by its provisions. The barons only wanted King John to satisfy their complaints against his abusive rule, not overthrow the monarchy. The real significance of this document lies in the basic idea that a ruler, just like everyone else, is subject to the rule of law. When King John agreed to Magna Carta, he admitted that the law was above the king’s will, a revolutionary idea in 1215.

F. Aftermath —

King John surrendered significant power when he agreed to Magna Carta. It is doubtful that he really ever intended to live up to all his promises. Certainly, the barons hoped that its terms would be rigorously enforced. While John did satisfy some of the barons’ personal grievances, he secretly wrote the Pope asking him to cancel Magna Carta on the grounds that he signed it against his will. At the same time he continued to build up his mercenary army. Not trusting John’s intentions, the rebel barons held on to London and maintained their own army.

Pope Innocent III replied favorably to King John’s appeal. He condemned Magna Carta and declared it null and void. By September 1215, King John and his army were roving the countryside attacking the castles of individual barons, but he avoided the rebel stronghold of London. The barons charged that King John had defaulted on his agreement with them and they were justified in removing him from the throne. They offered the throne to the son of the French king, if he would aid their rebellion.

A long and bloody civil war loomed across England, when suddenly, King John died. A round of heavy eating and drinking apparently led to a case of dysentery causing his death on October 18, 1216. Ten days later John’s nine-year-old son, Henry, was crowned as the new king of England. With John out of the way, the conflict gradually ceased. Less than a month after Henry was crowned, his supporters confirmed Magna Carta in his name. This time it received the approval of the Pope.

Magna Carta, carrying with it the idea of “the rule of law,” was reconfirmed a number of times over the next 80 years, becoming a foundation of English law. Eventually, Magna Carta would become the source of important legal concepts found in our American Constitution and Bill of Rights. Among these are the principle of no taxation without representation and the right to a fair trial under law. These foundations of our own constitutional system had their beginnings in a meadow beside a river almost 800 years ago.


As I hope you all remember from school, the Magna Carta was a crucial turning point in the struggle to establish freedom and recognize individual rights. The ancient laws and customs by which England had been governed, and which had been abused by the King, were enumerated most clearly and explicitly on its parchment. His signature, his assent, was demanded by those who refused to be mistreated any longer by him. These ancient laws and customs, defended strongly by those who believed were not to be transgressed by the King, would eventually be thought of as human rights.

The next recorded milestone in the development of these “human rights” would be the Petition of Right, drafted in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties and a reminder of the obligation of Kings to recognize that the throne is not above the law. (See my recent article “The English Roots of American Liberty,” January 20, 2018)

Winston Churchill once admonished the free world to learn to pronounce the word “No.” Summoning the wisdom of Alexander the Great, Churchill, in the face of Nazi aggression, challenged the free world to muster the courage to tell Hitler “no.” In his famous October 16, 1938, broadcast to the United States and England, termed “The Defense of Freedom and Peace: The Lights are Going Out”, Churchill reflected: “Alexander the Great remarked that the people of Asia were slaves because they had not learned to pronounce the word ‘No.’ Let that not be the epitaph of the English-speaking peoples or of Parliamentary democracy, or of France, or of the many surviving liberal States of Europe.”

If we don’t learn to say “NO,” then it may also become the epitaph of the United States.

It takes courage to stand up against a person or a body having great power. It often comes at some personal sacrifice. Our challenge is to stand up as a people, and as individual States, to the government officials, the government bodies, and yes, even federal judges who are violating, ignoring, eroding, or otherwise re-interpreting the Constitution our Bill of Rights. Each unconstitutional act usurps the powers delegated or reserved to the People and the States. Nature’s Law supersedes man’s law. Every failure to resist the tyranny posed by an unconstitutional act tightens the noose around freedom’s neck.

The Magna Carta – http://www.constitution.org/eng/magnacar.htm

“The Meeting at Runnymede: The Story of King John and Magna Carta,” 2001, Constitutional Rights Foundation, 601 South Kinglsey Drive, Los Angeles, CA 90005. Referenced at: http://www.crf-usa.org/foundations-of-our-constitution/magna-carta.html [Section II, Parts A, B, C, D,, and F are taken directly from this source. Only a part of Section E comes this source].

Diane Rufino, “The English Roots of American Liberty,” For Love of God and Country (Diane’s blog), January 20, 2018. Referenced at: https://forloveofgodandcountry.com/2018/01/24/the-english-roots-of-american-liberty/

Jason K. Allen, “Pronouncing the Word ‘No’: The Most Important Lesson I Learned from Al Mohler,” Jason Kallen’s Blog, Nov. 9, 2015. Referenced at: https://jasonkallen.com/2015/11/pronouncing-the-word-no/

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.


“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/


NULLIFICATION (in 500 words)

NULLIFICATION - the Rightful Remedy (chalkboard)

by Diane Rufino, Oct. 30, 2017

Imagine Hillary Clinton had won the 2016 presidential election and enough democrats won so that she enjoys a friendly Congress. And imagine she made good on a campaign promise and had a comprehensive federal gun control law enacted to essentially deprive ordinary Americans of their right to own and bear firearms. The law would clearly be unconstitutional. The Bill of Rights prevents the Congress from enacting laws that burden the second amendment guarantee.

Would the American people be doomed to be oppressed in their rights by the law?  In theory, an unconstitutional law should never have any force of law in a free society. But how do we prevent its enforcement?

That is where Nullification and Interposition come in.

Thomas Jefferson articulated the doctrine of Nullification and called it the “Rightful Remedy” to oppose unconstitutional action by the federal government. And James Madison explained that Nullification, together with Interposition, is the duty of every state in such an event. These remedies stem from the federal nature of our government system – the division of power between the states and the federal government and the understanding and duty of each sovereign to jealously and judiciously guard its sphere of power. Sovereign v. Sovereign; Titan v. Titan.  Nullification is the act of a state acknowledging that an act of the federal government is an abuse of the power delegated to it under the Constitution. To be clear, an act of government that exceeds delegated authority is automatically null and void. And therefore has no force of law and technically cannot be enforced. But who is going to tell the government that it can’t enforce its laws? The federal courts – the third, unbounded branch of the very federal government that forever seeks to enlarge its powers? That is where the states come in. After all, when the government assumes powers it was not delegated, it naturally usurps them from the states and from the people themselves. Interposition is the inherent right of a state to take whatever action necessary to prevent the enforcement of an unconstitutional law or policy (or court decision) on its citizens. Such may take the form of state laws preventing the enforcement, disbarment of judges who uphold the law, or the arrest of any official who attempts to enforce the law.

Although Jefferson and Madison are credited with these doctrines of nullification and interposition, the doctrines have been known for generations before their time; they are implied in the very nature of “law” and “enforcement.” That is why, despite the objections of states’ rights opponents, the doctrines of nullification and interposition supersede the Constitution and are indeed rightful remedies.

Without these rights, according to our founding fathers, the states (and the people) “would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them.” In other words, it is the most powerful remedy to prevent government tyranny on people who have recognized inherent and civil rights.


A Government of the People, By the People, For the People… How it Really Works, According to Thomas Jefferson

THOMAS JEFFERSON - Time magazine cover

by Diane Rufino, September 20, 2017

Thomas Jefferson articulated the absolute right of a state to secede from the Union. He did so in 1798, in 1799, in 1816, and up until his death in 1826 (July 4, the 50th anniversary of the signing of the Declaration of Independence). The right of self-determination was proclaimed in the Declaration as a founding principle and was never surrendered in the Constitution. In fact, Jefferson and Madison (1798 and 1800, in his written documents explaining the nature of the agreement known as the US Constitution) both agreed that such an inherent right can never be contracted away, although it should be reserved for extreme cases.

For Jefferson in 1816, the States had a clear right to leave the union. Government power, he reasoned, should never be concentrated at the top but rather at the bottom, closest to the people. If such were the case, there should never arise the level of tyranny that would warrant the drastic remedy of secession. The key, therefore, is to keep government closest to the people. Jefferson explained that the way to do this is to vest government only with those responsibilities that are absolutely necessary and those which people, in their individual capacity, cannot do or cannot be trusted to do and then to divide those responsibilities accordingly – with the governmental bodies closest to the people (localities) being responsible for the interests and affairs that touch on their lives most directly – their property, their livelihoods, their customs and communities, their education concerns, etc – and the government farthest away from them (Washington, DC) being responsible for the matters that are most external to their everyday lives, such as national security, international affairs and diplomacy, inter-state commerce, etc.

From Kevin Gutzman’s exceptional book, THOMAS JEFFERSON, REVOLUTIONARY:

Explaining the subdivision of government power, into “ward republics,” Jefferson wrote: “The way to have good and safe government is not to trust it all to one, but rather to divide it among the many, distributing to every one exactly the functions he is competent to. Let the National government be entrusted with the defense of the nation and its foreign and federal relations, the State governments with the civil rights, laws, police, and administration of what concerns the state generally, and the Counties with the local concerns of the counties; each Ward directs the interests within itself. It is by dividing and subdividing these republics from the great National one down through all its subordinations, until it ends in the administration of every man’s farm and affairs by himself, by placing under everyone what his own eye may superintend, that all will be done for the best…. I do believe that if the Almighty has not decreed that Man shall never be free (and it is blasphemy to believe it) that the secret will be found to be in the making of himself the depository of the powers respecting himself, so far as he is competent to them, and delegating only what is beyond his competence by a synthetic process, to higher and higher orders of functionaries, so as to trust fewer and fewer powers, in proportion as the trustees become more and more oligarchical. The elementary republics of the Wards – the county republics, the State republics, and the republic of the Union – would form a gradation of authorities, standing each on the basis of law, holding every one of its delegated share of powers, and constituting truly a system of fundamental checks and balances for the government. Where every man is a sharer in the direction of his ward-republic, or of some of the higher ones, and feels that he is a participator in the government of affairs not merely at an election, one day in the year, but every day; when there shall not be a man in the state who will not be a member of one of its councils, great or small, he will let the heart be torn out of his body sooner than his power he wrenched from him by a Caesar or a Bonaparte.”

The Roman Empire fell when its ruling authority in Rome presided over too large and diverse of a group to represent them and their interests properly in a concentrated government body. And the same is happening here in the United States. If we hope to make this country the one that it was originally destined to be, the country that Thomas Jefferson dreamed of and worked his life to guide, then we need to push for solutions that return power back to the people…  In my favorite movie, GLADIATOR, Emperor Marcus Aurelius confides in his loyal general, Maximus, and conveys his dying wish: “There was once a dream that was Rome. You could only whisper it. Anything more than a whisper and it would vanish… it was so fragile. And I fear that it will not survive the winter…….. There is one more duty that I ask of you before you go home. I want you to become the protector of Rome after I die. I will empower you to one end alone, to give power back to the people of Rome and end the corruption that has crippled it. It must be you. it must be you. You have not been corrupted by her politics.”

We are Rome. We are a republic in name only, and have been for a very long time now.  We must acknowledge that. Each congressman represents too large and diverse of a group of people (at least 700,000 individuals per congressional district) to act as a meaningful advocate in government, and each senator, representing each person in his or her state, has the same problem. And so, our elected representatives no longer work for us or our interests;  they become agents for the interests and preservation of the federal government – a government that becomes more interested in “the common good” with each year of its existence. Republics are only successful when they are relatively small, when the ratio of elected representatives to the constituency remains workable. The solution to returning power to the people is to subdivide our one great republic into smaller republics (as Jefferson called them, “ward republics”) – to subdivide government power with the greatest control over the individual and his or her everyday life vested in those government bodies most local and closest to the people.

A big government is not our friend, although it likes to portray itself as such. We’ve seen its violations against us over the years, including collecting our personal information, lying to the American people, refusing to punish those in office who have broken criminal laws (and have even skirted on treason), taxing us excessively (including to support terrorist regimes such as Iran and Pakistan), forcing people to purchase health insurance not because they need it but because others need it, opening our borders to leave our communities and jobs vulnerable, judicial activism from the courts, obstruction in our attempts to legitimize the election process, and most recently, wiretapping political a presidential candidate to undermine the success of a threatening political movement. Ask yourself one question: What power do We the People think really have over the governing of our states and our country?  The key to the security of freedom is the control the people have in their government. James Madison once wrote: “I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.”

The era of King George III is here. Americans have a history of how to respond to such tyranny…. Unless, of course, we have truly become Rome.

Edward Snowden, labeled both a patriot by many and a traitor by some, said: “Being a patriot doesn’t mean prioritizing service to government above all else. Being a patriot means knowing when to protect your country, knowing when to protect your Constitution, knowing when to protect your countrymen, from the violations of and encroachments of adversaries. And those adversaries don’t have to be foreign countries.”


Reference:  Kevin Gutzman, Thomas Jefferson – Revolutionary, St. Martin’s Press, NY (2017).


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


The IRS Scandal: A Study in Government Tyranny

JEFFERSON - When the People Fear Government, there is Tyranny by Diane Rufino, April 19, 2017

“The Obama administration and its fronts in the Senate accomplished what Richard Nixon wasn’t able to accomplish, which was the suppression of an entire movement against him. That’s how you steal an election; you make sure your political opponents can’t open an office.”  —  Tom Fitton, president of Judicial Watch, which has sued the IRS to obtain documents related to the controversy

From 2010 until 2013, the IRS, under President Barack Obama, intentionally targeted Tea Party and other conservative groups applying for 501(c) tax-exemption by delaying the processing of their applications, requesting burdensome information from them that was later deemed unnecessary, and by intimidating them into withdrawing their applications. The scheme was intended to intimidate and/or stop Tea Party and other conservative groups from engaging in political activity in the 2012 presidential election and in subsequent mid-term elections. The abuse by the IRS was orchestrated in response to the growing Tea Party/ conservative/ grassroots movement (which all of a sudden were applying in great numbers for tax-exempt organization status and which were donating in large amounts to Republican candidates and elections). The actions of the government, spearheaded by President Obama, were a clear example of government tyranny – using terror and intimidation (the full resources of the federal government) to silence political opposition.

As Rep. Darrell Issa and Rep. Jim Jordan of the House Oversight Committee explained in a letter to IRS Commissioner John Koshinen: “This revelation that the IRS sent 1.1 million pages of nonprofit tax-return data — including confidential taxpayer information — to the FBI confirms suspicions that the IRS worked with the Justice Department to facilitate the potential investigation of nonprofit groups engaged in lawful political speech.”

To date, and there is no surprise here, the IRS and its officials, have escaped justice and punishment. Its aggressive 3-year campaign against conservative grassroots organizations to suppress their first amendment rights of speech, expression, and assembly, and its illegal leaking of private tax information for political purposes, and its turning of the executive branch of the federal government into a thug ring for the Democratic Party has been explained away as mere incompetency and a lack of proper oversight.

The fact that Lois Lerner escaped prison, that records were destroyed in a campaign to obstruct justice and allow other guilty parties to escape punishment, and that John Koskinen retain his job as the IRS commissioner are scandals in and of themselves. Last fall, House Republicans took steps to have John Koskinen removed by impeaching him for his role in covering up Lerner’s crimes, his misleading a congressional investigation, his obstruction of Congress (defying a subpoena), and outright lying to Congress. Unfortunately, on December 6, House GOP leaders managed to derail impeachment, forcing the debate back to a committee for more study, where it silently died when Congress adjourned at the end of the year.

While most believe the scandal and the government abuse subsided in 2013 when the Treasury Inspector General for Tax Administration released an audit report concluded that the IRS had in fact used inappropriate criteria to identify, target, and then harass Tea Party and other conservative organizations in their applications for 501(c) tax-exempt status, the fact is that the IRS continued to improperly use its power to influence the 2016 presidential campaign and apparently still has hold-over rogue elements from the Obama administration who are secretly trying to undermine Donald Trump’s presidency. How else could Donald Trump’s tax returns have been leaked?  How else was it possible that Trump’s 1995 tax information was leaked during the 2016 presidential election season to Clinton’s team, just in time for the presidential debates? How can we forget her accusation and then the ensuing political pressure from the media for Trump to release his tax returns.  Remember what she said in the September 2016 debate;  “You’ve gotta ask yourself, why won’t he release his tax returns? And I think there may be a couple of reasons. First, maybe he’s not as rich as he says he is. Second, maybe he’s not as charitable as he claims to be. Third, we don’t know all of his business dealings, but we have been told, through investigative reporting that, he owes about $650 million to Wall Street and foreign banks. Or maybe he doesn’t want the American people, all of you watching tonight, to know that he’s paid nothing in federal taxes. Because the only years that anybody has ever seen, were a couple of years where he had to turn them over to state authorities when he was trying to get a casino license. And they showed he didn’t pay any federal income tax.”

And how was it that an “anonymous” package with Trump’s 2005 tax return and tax info was mailed to the New York Times in early March?  [See my article “How Quickly Trump’s Tax Return Story Has Disappeared,” April 23, 2017].  Someone at the IRS, apparently still having the capability of treating it as a rogue agency, committed a felony. And Rachel Maddow of MSNBC, who received the tax returns from the Times and who was salivating over the chance to humiliate Trump, chose to insinuate that our President was the criminal and not the felon from the federal government.

Why do I suggest that the “leaked” tax information during the presidential campaign season and the anonymous package to the NY Times containing Trump’s 2005 tax return came from a rogue element still entrenched in the IRS?  Oh geeeezz, let me see…   All one needs to do is recall the 2012 targeting of Tea Party and other conservative groups by the IRS for the purpose of reelecting President Obama.  The thought of someone at the agency doing a similar favor for Obama’s successor doesn’t seem so far-fetched. The tendency to hold on to power is natural.  Machiavelli explained this to us. The link between the IRS and Trump’s leaked tax returns is persuasive.

Furthermore, the history and modus operandi of both Hillary Clinton and Lois Lerner, head of the Exempt Organizations Unit of the IRS and mastermind of the Tea Party targeting scandal, appear very similar similar….  break rules, skirt the law, and then destroy evidence by deleting emails and destroying hard drives and servers. It’s a Democrat thing.  They benefit from the lawbreaking but escape justice by destroying evidence, which is itself a crime. Both used their positions in government not to genuinely and constitutionally serve the legitimate interests of the American people in general, but rather to advance personal and/or political goals. Lerner targeted the Tea Party. And Hillary collected lots of money by making personal deals while as Secretary of State to enrich her presidential campaign.  And then she had officials of the government “provide” her with ammunition (Trump’s tax returns) to beat Donald Trump.  Both “lost” or destroyed the emails that would have proven their crimes.

The New York Times says “someone” sent the documents to a reporter so it has no criminal liability in publishing it. Constitutional law is fairly firm on this point. But as a lawyer, I find that at times it fails to pass the “smell test.” In other words, the policy sometimes stinks!!  How is an ordinary citizen supposed to reconcile this reality:  “If a private citizen receives stolen property, they go to jail.  But if a reporter receives stolen documents, they receive the Pulitzer Prize.”  [Daniel John Sobieski, “Rogue IRS Felons Vindicate Trump.” American Thinker]. To the very end, the Obama administration, through the officials he put in place, used the power of the federal government for strictly political purposes – for the purpose of assassinating the character of a presidential candidate, helping Hillary Clinton win the election, and to further entrench the agenda of the Democratic party in government. The IRS had never ceased serving as the nefarious arm of the political left to target conservatives and lessen their chances in the political arena. And even as a new administration is taking over the federal government, Obama officials still in remaining at the agency are using the same power to obstruct the efforts of a legitimately-elected president of another (an opposing) political party.

Think about this –  Hillary Clinton, as a candidate for president, continued to receive the highest levels of support from the government (including control of the media and access to illegally-disclosed confidential information) even after she had abused that government’s power and prestige and had clearly broken many of the laws put in place to provide transparency to the American people. And, the President of the United States and the Democratic Party (the party having full control and power in government) co-opted all the functions, resources, and instrumentalities of t government, and their influence/pressure as well, in order to help her and to interfere in the campaign of a presidential candidate that threatened their power. It wasn’t the Russians. It was the Obama administration itself.  If this isn’t the definition of government tyranny or the definition of government corruption, I don’t know what is.

It’s about time the American people learned the true extent to which the government had turned on them, had violated their precious liberties, sought to target and silence them, and threatened their voice in government.  This investigation is necessary so that We the People, and conservative watchdog groups, can seek protections to make sure it never happens again.

We exercise the First Amendment so that we don’t have to exercise the Second !!


We all know how fundamental the rights of conscience, religion, and speech are.  The rights of conscience and religion are the beginnings of thought.  Speech is how we express that thought.

More than that, from a liberty point of view, it is our first amendment right that protects all the others by giving voice and publication when government violates them. It alerts the People to weigh for themselves how much they value their rights and liberties. And then it is the second amendment that ultimately secures all other rights from tyranny in government.

In the IRS scandal, we had the Obama administration using the IRS as a tool of terror, of intimidation to silence the Tea Party –  his party’s political opposition. In theory and practice, it was much like Hitler and his gestapo. Political speech was frozen by government action, first and foremost, and then there were the Tea Party groups and folks who self-censored for fear of having the IRS target them, audit them, and god-forbid come up with some trumped-up charge to make their lives a living hell, fine them, or imprison them.

Why?  Because he was working to win the 2012 election for himself and his party and to win mid-term elections.  In fact, documents released just last week by Judicial Watch confirm that President Obama’s IRS improperly targeted conservatives in order to help him win the 2012 presidential election.

On April 14, 2015, Judicial Watch announced it filed a Freedom of Information Act (FOIA) lawsuit against the IRS seeking “any and all records” related to the selection of both individuals and organizations for audits based upon applications filed requesting nonprofit tax status.

Political speech and expression is the most protectable form of speech; it was intended to help We the People flesh out ideas, assess honestly and fully what the government is doing, figure out which candidates are best to govern on our behalf, and to see that government operates as best and as responsibly as possible from our end. Our Founding Fathers appreciated the importance of protected political speech from the lessons taught throughout the colorful history of England. We can never forget that the government is OUR government and not the government of a political party. It operates on us, as individuals, in our lives, our property, our revenue, our liberty, and in our ability to live freely. Political parties are merely political organizations looking for power, not human results.


US federal tax law, specifically Section 501(c)(4) of the IRS code (26 U.S.C. § 501(c)), exempts certain types of nonprofit organizations from having to pay federal income tax. The statutory language of IRC 501(c)(4) generally requires civic organizations described in that section to be “operated exclusively for the promotion of social welfare“. Treasury regulations interpreting this statutory language apply a more relaxed standard, namely, that the organization “is operated primarily for the purpose of bringing about civic betterments and social improvements.” As a result, the IRS traditionally has permitted organizations described in IRC 501(c)(4) to engage in lobbying and political campaign activities if those activities are not the organization’s primary activity.


(1)  On January 21, 2010, the Supreme Court decided Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) is a U.S. constitutional law and corporate law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held (5–4) that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.

All of a sudden, non-profit groups could spend money to engage in political activity and to influence elections. At the time, the Tea Party movement had just taken off, and:

  • Most of the applications to the IRS for tax-exempt 501(c) status were conservative groups, and
  • Most of the money pouring into TV and radio ads to influence elections were from conservative groups to benefit Republican candidates

(2)  Beginning in March 2010, when the Tea Party movement was the rage, the IRS more closely scrutinized certain organizations applying for tax-exempt status under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code by focusing on groups with certain words in their names. IRS staffers began flagging applications from groups with politically themed names like “We the People” and “Take Back the Country.” Staffers also targeted groups whose names included the words “Tea Party,” “patriots,” and “912” (a movement started by Glenn Beck). Those flagged applications were then sent to specialists for a more rigorous review than is typical. (This info, this timeline, came from a draft report by the Treasury Inspector General for Tax Administration, May 2013).

In May 2010, some employees of the “Determinations Unit” of the Cincinnati office of the IRS, which is tasked with reviewing applications pertaining to tax-exempt status, began developing a spreadsheet that became known as the “Be On the Look Out” (“BOLO”) list.

The list, first distributed in August 2010, suggested intensive scrutiny of applicants with names related to a number of political causes, including names related to the Tea Party movement and other conservative causes. Eventually, IRS employees in Ohio, California, and Washington, DC applied closer scrutiny to applications from organizations that:

  • referenced words such as “Tea Party“, “Patriots”, or “9/12 Project“, “progressive,” “occupy,” “Israel,” “open source software,” “medical marijuana” and “occupied territory advocacy” in the case file;[34][35]
  • outlined issues in the application that included government spending, government debt, or taxes;
  • involved advocating or lobbying to “make America a better place to live”;
  • had statements in the case file that criticized how the country is being run;
  • advocated education about theConstitution and the Bill of Rights;
  • were focused on challenging thePatient Protection and Affordable Care Act—known by many as Obamacare;
  • questioned the integrity of federal elections.

Over the two years between April 2010 and April 2012, there was an increase of applications for 501(c) tax-exempt status – from 1,500 applications to more than double that amount, 3,400.  The government (controlled by Democrats) took notice.  The IRS essentially placed on hold the processing of applications for 501(c)(4) tax-exemption status received from organizations with “Tea Party”, “patriots”, or “9/12” in their names. While apparently none of these organizations’ applications were denied during this period, only 4 were approved. During the same general period, the agency approved applications from several dozen presumably liberal-leaning organizations whose names included terms such as “progressive”, “progress”, “liberal”, or “equality.  Only 3 groups were targeted had the word “occupy” in their name.

Tea Party groups targeted by the IRS for scrutiny and delay were forced to provide such information as:

  • Names, addresses, and emails of all their members
  • Names, addresses, and emails of everyone who has ever attended any of their meetings
  • The names of the donors, contributors, and grantors. If the donor, contributor, or grantor has run or will run for a public office, identify the office. If not, please confirm by answering this question “No”.
  • The amounts of each of the donations, contributions, and grants and the dates you received them.
  • How did the group use these donations, contributions, and grants. Provide Details.
  • A copy of every presentation given by every speaker at their meetings
  • A copy of the flyer or announcement for each meeting
  • Copies of all materials passed out at all meetings
  • Biographies of every speaker at their meetings
  • “Provide the following information for the income you received and raised for the years from inception to the present. Also, provide the same information for the income you expect to receive and raise for 2012, 2013, and 2014.”
  • Copies of any contracts the group is a party to
  • Copies of all training materials the group has used or will use with the Koch Foundation
  • Copies of stories and articles that have been published about the organization and/or any of its members.

Organizations were told that if the information was not provided, they would not be certified as “tax-exempt.”  And even if all the information was provided, the IRS would scrutinize it and further delay the application by following up with probing questions. For example, The Coalition for Life of Iowa, a pro-life group, was asked to “Please explain how all of your activities, including the prayer meetings held outside of Planned Parenthood are considered educational as defined under 501(c)(3). Please explain in detail the activities at these prayer meetings. Also, please provide the percentage of time your group spends on prayer groups as compared with other activities of the organization.”

(3)  In June 2011, Lois Lerner, Director of the director of the Exempt Organizations Unit of the Internal Revenue Service (IRS), reportedly became aware of what was going on and directed staffers to change to how they vetted nonprofit applications.

(4)  By the spring of 2012, so many conservative groups had complained about the IRS harassing them that Republicans in Congress took notice. Rep. Charles Boustany (R-La.) sent the IRS a letter asking why it was targeting Tea partiers, and Rep. Darrell Issa (R-Calif.) held a hearing in which he grilled then-IRS Commissioner Douglas Shulman, a George W. Bush appointee, over the agency’s treatment of conservative groups. Shulman denied that his agency was targeting conservatives, and the controversy remained quiet until Lerner’s apology (in May; see below).

(5)  In early May 2013, the Treasury Inspector General for Tax Administration, Michael McKenney, released a preliminary audit report confirming that the IRS used inappropriate criteria to identify potential political cases, including organizations with Tea Party in their names. The final report would be released on May 14.

(6)  On May 10, in advance of the public release of the audit findings, Director of the IRS Exempt Organizations division of the IRS, Lois Lerner, “apologized” for what she termed were “absolutely inappropriate” actions by the IRS. She would then blame the actions on lower-ranked employees out of a Cincinnati office.

(7)  On May 12, Republican and Democratic lawmakers called for a full investigation of the IRS. At a  press conference the next day, President Obama called the charges “outrageous” if true, and said those responsible should be held accountable.  On May 14, Attorney General Eric Holder ordered the Justice Department to begin an investigation as to whether the conduct amounted to criminal behavior.

(8)  The Treasury Inspector General for Tax Administration found gross violations. His investigation found that of the 296 total conservative non-profit applications reviewed in the audit conduct in December 2012, no work at all was conducted on them for at least 13 months. Of those 296 applications, 108 had been approved, 28 were withdrawn by the applicant because of frustration and seeming harassment, none had been denied, and 160 were left open – without moving them forward – for more than three years and spanning two election cycles, During that time, the organizations were hit with burdensome questions and numerous requests for more information.

Clearly, the IRS was abusing its power.  Clearly, the Obama administration was abusing its government power to silence political opposition.

(9)  In early May, following the Inspector General’s report, the House Committee on Oversight and Government Reform, chaired by Rep. Darrell Issa (R-OH), began an investigation into the IRS. Additionally, the House Committee on Ways and Means expanded its ongoing 2011 investigation into possible IRS political targeting.

On May 22, 2013, in her opening statement to the Oversight Committee, Lois Lerner stated: “I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.” Lerner then invoked her Fifth Amendment right against self-incrimination and refused to testify.

House Republicans dismissed Lerner’s invocation of the Fifth Amendment as ineffective, with chairman Issa (R- OH) stating: “You don’t get to use a public hearing to tell the public and press your side of the story and then invoke the Fifth.”  Democrats characterized the contempt proceeding as a “witch hunt” geared toward the 2014 midterm elections.

(10)  In June 2013, the IRS revealed that it had selected political groups applying for tax-exempt status for intensive scrutiny based on their names or political themes. In other words, they were intentionally targeting conservative groups – particularly ones with the name “Tea Party” or “Patriot” or “912” in their name. It admitted that it improperly frustrated and held up their applications. Judicial Watch has recently confirmed (thanks to documents obtained under the Freedom of Information Act) that the targeting began in 2010.

(11)  In August 2013, Democratic congressman Chris Van Hollen (Md) filed suit against the IRS seeking to overturn a rule that had been on the books since 1959 which allowed social welfare groups to engage in political activity. For 54 years, the IRS has respected that rule and has allowed 501(c)(4) groups to engage in political activity, as long as it wasn’t their primary mission. That rule has been widely interpreted as allowing such tax-exempt groups to spend 49% of their money on politics — without disclosing where that money came from.

It was this 1959 IRS rule that was at the center of Tea Party scandal.

However, more insidiously, the law suit had a lot to do with the greater flexibility granted to groups to engage in political expression with the 2010 Citizens United Supreme Court decision.. This case overturned many previous restrictions on political campaign spending and allowed nearly unlimited and often anonymous spending by corporations and other groups to influence elections. Some Tea Party leaders began forming political action committees as offshoots of their 501(c)-tax-exempt organizations –  501(c)(4) groups – to spend money to influence elections or at least to become politically involved.

So, in 2012, Obama won re-election, although very narrowly.  Tea Party groups were actively speaking out against Obamacare and his bail-out policies, and everything else. And now they have been empowered to continue being active, by the Citizens united decision. Tea Party groups started raising money and pouring money into what is called “anonymous politics” –  not being part of the Republican or Democratic parties. Ordinary citizens, exercising their right of political expression in groups (where there is more power than being exercised at the individual level).

In September 2010, it was reported by The New York Times that almost all of the biggest players among third-party groups, in terms of buying television time in House and Senate races since August of that year, have been 501(c) organizations, and their purchases have heavily favored Republicans….     Remember, the Tea Party movement essentially started in 2009 – 2010.  [CNBC’s Rick Santelli was on the floor of Chicago’s mercantile exchange in Feb. 2009, ranting about the government’s bail-out policy and announced: He urged all capitalists to join him to start a new Tea Party movement].

Between 2010 and 2012, the number of applications the IRS received each year seeking 501(c)(4) certification doubled, many being Tea Party groups and other conservative groups. Democrats became worried. By early 2012, House and Senate Democrats started pressuring the IRS to scrutinize 501(c) non-profit applications and make sure they aren’t seeking the status to engage in political activity.

Van Hollen, who was chairman of the Democratic Congressional Campaign Committee, by filing the lawsuit sought to force the IRS to draft new rules requiring that the tax-exempt 501(c)(4) groups strictly comply with the section of the IRS code that requires such groups to be “operated exclusively for the promotion of social welfare.”  Van Hollen and the Democratic Congressional Campaign Committee sought to limit conservative 501(c) non-profit groups from pouring money into political campaigns.

Apparently, Van Hollen didn’t like how Democrats were responding to the emerging scandal which had just broken 2 months earlier and was hoping to emphasize the point that under the Obama administration, the IRS was merely trying to resolve the legal issues surrounding political activities by tax-exempt groups and return to the intention of the IRS code for tax exemption – to further social work.

Jay Sekulow and his American Center for Law & Justice, represented 41 Tea Party groups and sued the IRS over what he called “Political Targeting.” He said that Van Hollen’s agenda raises “serious First Amendment issues.”

Sekulow said: “Political speech is protected by the First Amendment.  Anonymous pamphleteering is as old as our country, and deserves just as much constitutional protection.”  He also said: “If Van Hollen wants to change the code, he should do that through the legislative process” and not try to by-pass the rightful branch, the legislative branch, by going to the improper branch, the judicial branch (or the federal courts).

(12)  On January 15, 2014, the FBI announced that it had found no evidence warranting the filing of federal criminal charges in connection with the affair. The FBI stated it found no evidence of “enemy hunting” of the kind that had been suspected, but that the investigation did reveal the IRS to be a mismanaged bureaucracy enforcing rules that IRS personnel did not fully understand. The officials indicated, however, that the investigation would continue.

Disturbingly, in February, while the investigation by the Department of Justice (DOJ) was ongoing, President Obama stated there was “not a smidgeon of corruption” at the IRS.

(13)  On April 9, the House Committee on Ways and Means voted to send a letter to the Department of Justice referring former IRS Exempt Organizations Division Director Lois G. Lerner for criminal prosecution. The Committee’s nearly three-year investigation uncovered evidence of willful misconduct on the part of Ms. Lerner.   In particular, the Committee found that Ms. Lerner used her position to improperly influence IRS action against conservative organizations, denying these groups due process and equal protection rights under the law.  The Committee also found she impeded official investigations by providing misleading statements in response to questions from the Treasury Inspector General for Tax Administration.  Finally, Lerner risked exposing, and it was actually alleged (even in a lawsuit) that she did expose, confidential taxpayer information, in apparent violation of IRS section 6103 by using her personal email to conduct official business.

(14)  Two months later, on June 13, the IRS notified Republican congressional investigators that it had lost Lerner’s emails from January 2009 to April 2011 because of a mid-2011 computer crash.  The emails were under subpoena as part of the congressional investigation. June 19, the IRS said that the damaged hard drive containing Lerner’s missing emails had been disposed of more than two years prior.

On July 9, 2014, Republicans released an April 13, 2013 email from Lerner in which she cautioned colleagues to “be cautious about what we say in emails.”

(15)  On September 5, the IRS said it lost additional emails of five workers under congressional investigation, blaming computer crashes. These five workers include two people based in Cincinnati who worked on Tea Party cases.  According to the IRS, the crashes all predate congressional investigations and had occurred between September 2009 and February 2014.

(16)  On September 5, 2014, the Senate Permanent Subcommittee on Investigations released its report on the scandal, finding that inappropriate screening criteria were definitely used but concluded that there was no intentional wrongdoing or political bias in the use of the criteria.  A few months later, in December, Chairman Issa released a new report that found that “the IRS’s inability to keep politics out of objective decisions about interpretation of the tax code damaged its primary function: an apolitical tax collector that Americans can trust to treat them fairly.”

(17)  In January 2015, the US Senate requested that the White House produce all communications it has had with the IRS since 2010.

(18)  On August 5, 2015, the Senate Finance Committee released a report that concluded that management at the IRS had been “delinquent in its responsibility to provide effective control, guidance, and direction over the processing of applications for tax-exempt status filed by Tea Party and other political advocacy organizations” and that it was only guilty of poor planning and oversight.

(19)  In October 2015, the Justice Department notified Congress that there would be no charges against the former IRS official Lois Lerner or against anyone else in the IRS. The investigation found no evidence of illegal activity or the partisan targeting of political groups and found that no IRS official attempted to obstruct justice. The DOJ investigation did find evidence of mismanagement and Lerner’s poor judgement in using her IRS account for personal messages but said “poor management is not a crime.”

(20)  Four days after the Justice Department closed its investigation, 19 members of the House Oversight and Government Reform Committee led by the Committee’s Chairman, Jason Chaffetz (R-UT), filed a resolution to impeach IRS Commissioner John Koskinen. Those sponsoring the impeachment resolution to remove Koskinen from office accused him of failing to prevent the destruction of evidence in allowing the erasure of back-up tapes containing thousands of e-mails written by Lois Lerner, and of making false statements under oath to Congress. In a statement released by the Committee, Chaffetz said Koskinen “failed to comply with a congressionally issued subpoena, documents were destroyed on his watch, and the public was consistently misled. Impeachment is the appropriate tool to restore public confidence in the IRS and to protect the institutional interests of Congress.”

(21)  Last month, as part of an ongoing investigation into the IRS scandal and an ongoing inquiry by Judicial Watch, the government released names of 426 organizations which had been improperly targeted by the IRS because of their politics. Another 40 were not released as part of the list because they had already opted out of being part of the class-action suit. That total is much higher than the 298 groups the IRS‘ Inspector General identified back in May 2013, when investigators first revealed the agency had been subjecting applications to long and potentially illegal delays, and forcing them to answer intrusive questions about their activities.

(22)  Courts have already ruled against the IRS.  For example, in 2016, the Sixth Circuit Court of Appeals did so and noted in its ruling: “501(c)(4) groups may not collect tax-deductible donations, but they may engage in relatively unfettered political advocacy, including election advocacy. 501(c)(4) groups range from national organizations—including the American Civil Liberties Union, the National Rifle Association, and the Sierra Club—to local neighborhood associations.”

(23)  There has been a lawsuit filed by Judicial Watch and its investigation into the scandal continues. It has just received almost 700 pages of documents (61% redacted) under the Freedom of Information Act which proves the scheme by the Obama administration to target Tea Party groups into silence and inactivity in political elections. Its current lawsuit is seeking at least 7000 pages of documents related to the IRS scandal that have been hidden from Congress and the American people. The IRS, under the Obama administration, intentionally sought to restrict Tea Party activity and especially in political elections.

Responding to the lawsuit, Thomas Kane, Deputy Assistant Chief Counsel for the IRS, wrote in a sworn declaration that Lerner’s Blackberry was “removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012.”   In a USA Today opinion column, James S. Robbins wrote, “For a scandal that is frequently derided as ‘fake,’ it is amazing how often real evidence disappears. The disappearing act is so frequent, it is reasonable to wonder whether it is really a systematic attempt to destroy evidence of abuse of power.”

(24)  The current US Attorney General, Jeff Sessions, has been asked by Congressional Republicans to re-evaluate the evidence against the IRS and against Lois Lerner and re-open the investigation.  At present, Sessions seems noncommittal on the matter.  Taxpayers deserve to know that the DOJ’s previous evaluation was not tainted by politics. 


The IRS scandal was egregious and conservatives should be enraged. I would say all Americans should be enraged but judging from the conduct of Democrats, they seem to be fine with anything that shuts up a conservative – even if it means denying their basic constitutional rights.  But an assault on the rights of one group in the end will be an assault on everyone’s rights down the road. Looking the other way while the government violates the rights of certain citizens is a dangerous thing. Allowing the government to get away with it is worse.  Allowing the government to silence political opposition is to put our free society at risk.

As President Harry Truman once warned: “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”  [In a Special Message to the Congress on the Internal Security of the United States, August 8, 1950]


Audit Report from the Treasury Inspector General for Tax Administration, “Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review.”  Referenced at:  https://www.treasury.gov/tigta/auditreports/2013reports/201310053fr.html

Diane Rufino, “How Quickly Trump’s Tax Return Story Has Disappeared,”  Forloveofgodandcountry blog, April 23, 2017.  Referenced at:  https://forloveofgodandcountry.com/2017/04/23/how-quickly-the-trump-tax-return-story-has-disappeared/

IRS Targeting Controversy, Wikipedia.  https://en.wikipedia.org/wiki/IRS_targeting_controversy

“The Sixth Circuit Court of Appeals: Another Court Ruling Confirms IRS Illegally Targeted Tea Party and Conservative Groups,” CEI.org, November 21, 2016.  Referenced at:  https://cei.org/blog/another-court-ruling-confirms-irs-illegally-targeted-tea-party-and-conservative-groups

Andy Kroll, “The IRS Tea Party Scandal Explained,” Mother Jones, November 21, 2013.  Referenced:  http://www.motherjones.com/politics/2013/05/irs-tea-party-scandal-congress-nonprofit-obama

Stephen Dinan and Seth McLaughlin, “House Republicans Derail Impeachment Effort Against IRS Commissioner, John Koskinen, IRS Commissioner,” The Washington Times, December 6, 2016.  Referenced at:  http://www.washingtontimes.com/news/2016/dec/6/john-koskinen-irs-commissioner-spared-impeachment-/

David Barstow, Russ Bruettner, Susanne Craig, and Megan Twohey, “Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades,” The New York Times, November 2, 2016.  Referenced at:  https://www.nytimes.com/2016/10/02/us/politics/donald-trump-taxes.html

Adam Liptak, “Is It Illegal to Publish a President’s Tax Returns,” The New York Times, March 15, 2017.  Referenced at:  https://www.nytimes.com/2017/03/15/us/politics/trump-tax-returns-legal-precedent.html

Daniel John Sobieski, “Rogue IRS Felons Vindicate Trump,” American Thinker, March 16, 2917.  Referenced at:  http://www.americanthinker.com/articles/2017/03/rogue_irs_felons_vindicate_trump.html