(MODEL) RESOLUTION to Support & Encourage State Nullification Bills

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by Diane Rufino, February 21, 2019

I wrote the following Model Resolution in support of the various grassroots organizations I volunteer with, in support of the Tenth Amendment Center and its work, and in support of the doctrines of Nullification and Interposition which are the true rightful remedies to push back against over-reach and abuse of power by the federal government.

I shared this Resolution with my state representatives in the North Carolina General Assembly, several of whom know their history and support Nullification, and I know they will continue to introduce bills that reject federal intrusion on the state’s Tenth Amendment reserved powers. In submitting this Resolution to them, I explained: “As the 7th most populous state in the country, we don’t need to, and should not, ignore any action of the government that exceeds the powers delegated under the Constitution. If we intend to set our country right, the focus must be on challenging its constant and historical abuse of power, divesting it of power that it has usurped over the years from the states and the people, pushing it back within the confines of the US Constitution, and re-establishing the essential balance of power between the States and federal government that is so critical for the preservation of liberty.

I hope other states will consider re-asserting their sovereignty and adopting Nullification bills. As US Supreme Court Chief Justice John Roberts wrote in the 2012 Healthcare opinion, NFIB v. Sebelius: “The States are separate and independent sovereigns. Sometimes they have to act like it.”

RESOLUTION TO SUPPORT & ENCOURAGE NULLIFICATION BILLS

PURPOSE:

This Resolution is introduced out of respect and in deep affection to the state of North Carolina, which holds a distinguished place in American history for being a leading force for freedom and liberty and the ideals upon which the independent united States were established.

The Declaration of Dependence set forth the ideals upon which our newly-free and independent States were established and upon which our newly-free and independent nation came into existence.  It reads, in paragraph two:

“We hold these truths to be self-evident, that ALL men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.  –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…..   “

This Resolution is intended to put checks in place, in the rightful depository, which is the State government, in order to make sure the federal government doesn’t abridge the rights of the individual and to help prevent it from “becoming destructive” of its ends so that the People will not feel the need to alter or abolish it. North Carolina, and indeed every other state, should always take care to preserve the constitutional equilibrium between the general and the State governments.

Finally, this Resolution intends to re-affirm North Carolina’s commitment to freedom and liberty, as envisioned at our Founding.

RESOLUTION:

Whereas,  the Union was established by a social compact, which is a specific type of agreement (or contract) established by people in deciding their form of government;

Whereas, as such, a social compact has rights. responsibilities, benefits, obligations, and remedies just like any other contract;

And whereas, as such, a social compact, like any other agreement or contract, retains the meaning and intent at the time it was entered into – until such time it is legally amended; in other words, a social compact, like any other agreement or contract, is interpreted according to the plain meaning and understanding of its terms and provisions at the time it was entered into, as well as the intent of those words and provisions and the intent of the compact in general);

And whereas, a compact, like any other agreement or contract, is never considered a “living, breathing document” such that its terms and provisions can be altered, broadened, manipulated, ignored, or given new meaning with successive generations by a judge or a court, or even by one of the parties to that agreement/contract;

Whereas, the social compact that created the Union (the united States, later the United States) was the US Constitution; the US Constitution was, and is, a compact between and among the states, on behalf of its People, creating a general government to provide for the common defense and a regular and free trade zone among the states, with limitations on its powers that are defined, consistent, and predictable, for the free exercise of individual freedoms (which is the definition of liberty). The general government created by the compact is not a party to the compact but a “creature.”  As such, and aside from the federal courts’ duty to offer an “opinion” to the other branches on the constitutionality of bills, the States, as parties to the compact, have an equal right to judge for themselves the administration or maladministration of the government’s delegated powers or its assumption of powers not specifically delegated and thus usurped;

Whereas, the Supreme Court, in United States v. Butler, established the proper inquiry to be made in interpreting the powers delegated to the federal government under the Constitution: “The question is not what power the Federal Government ought to have but what powers in fact have been given by the people.”  [United States v. Butler, 297 U.S. 1, 63 (1936)];

Whereas, a constitution is the act of a people constituting a government and assigning it delineated authority to govern; a government without a constitution is power without a right, and a government that enacts legislation without express authority to do has enacted a nullity, having no legal force or effect on the people;

Whereas, Chief Justice John Marshall, in writing the opinion for the Supreme Court in Cohens v. Virginia, acknowledged: “The people made the Constitution, and the people can unmake it. It is the creature of their own will, and lives only by their will.”  [Cohens v. Virginia, 19 U.S. (6 Wheaton) 264 (1821)];

Whereas, the Constitution is an exercise of Individual Sovereignty; it is People’s Law; it is an instrument by the People and for the People, to restrain the government and especially to restrain the government as it touches on the lives of the People and their Property;

Whereas, the purpose of a written constitution is to bind the several branches of government by boundaries, which, when they transgress, their acts shall become nullities [Thomas Jefferson: Notes on Virginia, 1782];

Whereas, every act of the federal government that exceeds the power and authority granted to it is immediately null and void, a nullity, and unenforceable (this includes an act of Congress, an executive order, rules and regulations promulgated by a regulatory agency, a federal policy, and even a court opinion);

And whereas, any federal law, policy, executive order, action, or federal court opinion that exceeds any power delegated to the branches of the federal government by the US Constitution is an abuse of power and an act of government tyranny;

And whereas,  a federal law, policy, executive order, court opinion, etc without a foundation in legal authority is unconstitutional and therefore, null and void and unenforceable;

Whereas, Thomas Paine articulated this foundational legal doctrine in his pamphlet “Constitutions, Governments, and Charters (1805) when he wrote:  “A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal”;

And whereas, Alexander Hamilton further articulated this doctrine in his essay, Federalist No. 78:  “Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid”;

And whereas, as Chief Justice John Marshall reaffirmed the same in the landmark case Marbury v. Madison (1803): “The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void that courts, as well as other departments, are bound by that instrument.”  [Marbury vs. Madison, 5 U.S. 137 (1803)];

Whereas, the question becomes this: When the federal government oversteps its authority and assumes powers not expressly delegated to it, how is the usurpation to be addressed so that its unconstitutional law, policy, executive order, court opinion, etc is not enforced on We the People who are entitled to be protected by the Constitution? A constitution is, after all, only a piece of paper. It cannot enforce itself. Checks and balances among the executive, legislative, and judicial branches, a prominent feature of the Constitution, provide little guarantee of limited government, since these three federal branches can simply unite against the independence of the states and the reserved rights of the people;

Whereas, we know the federal government will never police itself or deny itself any power it believes it should have (heck, most representatives don’t know the Constitution) and we can’t trust the federal courts to address the abuse by an honest interpretation of the Constitution (That is precisely what Jefferson warned William Branch Giles was already happening in 1825: “It is but too evident, that the three ruling branches of [the Federal government] are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.”);

Whereas, Thomas Woods, author of the book Nullification: The Rightful Remedy, wrote: “If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions’ authors (Thomas Jefferson and James Madison, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power”;

Whereas, according to our Founders and Framers of our Constitution, the states (state legislatures) are the proper parties to check the power of the federal government. Only the states are powerful enough (state sovereignty; dual sovereignty, Tenth Amendment) to prevent the federal government from holding a monopoly on Constitutional interpretation;

Whereas, the federal nature of our government system provides the most powerful of checks and balances on the tendency of the federal government to concentrate and expand its powers;

Whereas, by its very words and intention, the US Constitution represents a federal system whereby the sovereign powers of government are split between the States and the federal government. With respect to the express and limited responsibilities listed in the US Constitution, the federal government is sovereign and supreme, and in all other respects, the States and the People are sovereign.  This critical balance provides the foundation of the Constitution, is the most important of our Checks and Balances, and essential for the preservation and security of individual liberty;

Whereas, Alexander Hamilton made this point clearly in his essay Federalist No. 26:  “The State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if anything improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.”;

Whereas, Thomas Jefferson pointed out the same in a letter he penned in 1811: “The true barriers of our liberty are our State governments; and the wisest conservative power ever contrived by man, is that of which our Revolution and present government found us possessed.”  [Letter to A. L. C. Destutt de Tracy, 1811];

Whereas, North Carolina’s own James Iredell, as a justice on the first Supreme Court, discussed federalism his opinion in the case of Chisholm v. Georgia, (1793), which law schools teach is the first important reconsideration of the meaning of the federal system. Iredell noted: “Every state in the Union in every instance where its sovereignty has not been delegated to the United States, I consider to be as completely sovereign;…each state in the Union is sovereign as to all the powers reserved.”   [Chisholm v. Georgia, 2 U.S. 419 (1973)]

Whereas, even as recently as 2012, the Supreme Court acknowledged this important and critical relationship: in the Healthcare opinion, NFIB v. Sebelius, Chief Justice John Roberts wrote: “The States are separate and independent sovereigns. Sometimes they have to act like it.” [NFIB vs. Sebelius, 567 U.S. 519 (2012)];

Whereas, Justice Anthony Kennedy, in 2011, explained why federalism is so critical to maintaining the precious balance of power between the federal government and the States: “Federalism is more than an exercise in setting the boundary between different institutions of government for their own integrity. By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power.” [US v. Bond, 564 U.S. 211  (2011)];

Whereas, the Tenth Amendment was added as a “further declaration” of the federal nature of the government and a “further restrictive clause” and ensure that the federal government would be limited to the objects expressly delegated to it. The Tenth Amendment 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”;

Whereas, our Founders warned of the tendency of governments to become ambitious, to consolidate their powers, and in doing so, to burden the liberty rights of their citizens, and they advised and tasked the States to be eternally vigilante with respect to the actions of the federal government, to call out every abuse and infraction of its powers and demand redress, and to be eternally protective of their reserved sovereign powers;

Whereas, Thomas Jefferson, in addressing the first glaringly unconstitutional acts of the federal government (the Alien & Sedition Acts, most obviously the Sedition Act), drafted the Kentucky Resolutions of 1798 to articulate the doctrine of NULLIFICATION as the proper remedy to address the usurpation. He wrote: “That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress..”;

Whereas, James Madison, in a companion set of resolutions known as the Virginia Resolutions of 1798 articulated essentially the same: “That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”;

Whereas, Jefferson and Madison, in those documents and in others and especially in subsequent ones, explained in clear terms that it is the States, as parties to the compact (US Constitution), who have the right and duty to check the federal government’s powers;

Whereas, Thomas Jefferson explained, in his Kentucky Resolves of 1799, why the States had the right to judge for themselves when the federal government assumes undelegated powers: “That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers.”;

Whereas, Jefferson then went on to explain in the Kentucky Resolutions of 1799 what action the States should take: “: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a NULLIFICATION, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy….”  [It was in this document that the word “nullification” entered our lexicon];

Whereas, Jefferson and Madison, in the Kentucky and Virginia Resolutions and in other documents and writings, explained that NULLIFICATION is the RIGHTFUL REMEDY to address federal over-reach, abuse, and acts of tyranny. Simply put, Nullification in the American sense, is the doctrine whereby the States, as parties to the compact (US Constitution), have the right and duty to notify the federal government of its abuse of powers, to publicly announce those acts as “unconstitutional,” and then to prevent them from being enforced;

Whereas, the state of North Carolina acceded into the union of States on November 21, 1789 by ratifying the Constitution, It entered the union as an independent and sovereign state;

Whereas, with its accession, North Carolina did not enter into a position of unlimited subordination to the general government, but ceded only certain enumerated and defined powers, reserving to itself the residuary mass of rights to self-government (which was established by the limited and express delegation of powers to the federal government and then restated in the Tenth Amendment);

Whereas, in debating whether to ratify the Constitution, it first rejected it outright for its failure to include a Bill of Rights. Only when Rep. James Madison introduced a Bill of Rights to the first US Congress on June 8, 1789 and then said Congress adopted those amendments on September 25, 1789 did North Carolina finally agree to ratify the Constitution and join the union;

Whereas, a Bill of Rights was incorporated as the first ten amendments to the Constitution, with amendments one thru eight (1-8) recognizing certain liberty rights that the federal government would be bound to respect and would not be permitted to regulate (ie, to deny, abridge, burden, or chill), amendment nine recognizing that the People have other liberty rights not specifically articulated, and amendment ten re-affirming the federal nature of the government system and re-affirming that the federal government is one of limited and express powers while the States retain all others (the “reserved powers”);

Whereas, the Preamble to the US Bill of Rights explains the great importance of our first ten amendments. It states: “The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution;

Whereas, the “beneficent ends” included in the Preamble refer to the intention of the States to respect their sovereignty and to preserve Liberty, the very thing they fought the Revolution for;

Whereas, time has shown that the limited language of the Constitution, and even the “further declaratory and restrictive clauses,” have failed to achieve their specified intent, which is the constraint of the federal government;

Whereas, since the ratification of the US Constitution, the federal government has been permitted to hold a monopoly on constitutional interpretation; the federal courts have happily done their part to re-interpret that document and to enlarge the powers to the federal government. Since the ratification of the US Constitution, the language and intent of its various articles, sections, and clauses have been incrementally and systematically misinterpreted, reinterpreted, misconstrued, mal-applied and or simply ignored through federal executive, legislative, and judicial usurpative action (resulting in a transformation that should have been legally accomplished according to the amendment process of Article V);

Whereas, the result has been the transformation of the government in DC into one much different than what was created by the States (the parties to the compact which was the US Constitution), and one that no longer serves the States as it was intended;

Whereas, the federal government, through its consolidation of power, instrumentalities, and monopoly over the federal courts, has increasingly entrenched upon the essential balance of sovereign power among itself, the States, and the People, to the great disservice of the latter two.  The balance of power has tilted too far and for too long in the direction of the federal government and it is time to restore that balance. The result has been the usurpation of sovereign power from the States and the People, including the People of North Carolina, and that usurpation has become palpable.

THEREFORE, let it be RESOLVED that North Carolina recognizes what is at stake (with respect to the enjoyment of the individual liberty that our founding generation fought and died for) when the federal government is unable or unwilling to abide by the limits of power as imposed by the Constitution and will accept its rightful role in resisting federal over-reach and unlawful usurpation and in restoring said government back to its constitutional limits.  North Carolina takes the warning given by Samuel Adams very seriously: “Let us contemplate our forefathers and posterity; and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. – Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers of the event.”

And it FURTHER be RESOLVED that in recognition of the rights and duties imputed on the States under the compact known as the US Constitution, in recognition of its right and duty to re-establish the rightful balance of power between itself and the federal government under the Tenth Amendment, in recognition of its right and duty to secure and defend the liberties of its people, the state of North Carolina asserts its right and duty to review each action of the federal government for over-reach and abuse and to determine whether said action is unconstitutional; and if said action is indeed determined to be unconstitutional and abusive of the US Constitution, North Carolina reserves its right of Nullification – to declare said action “null and void” and to ensure, in any and every way possible, that said federal action is not enforced upon the people of the state;

And it FURTHER be RESOLVED that the North Carolina Legislature will enact Nullification bills as needed to address federal over-reach and to protect its people from being subjected to them.

 

 

The Boston Tea Party and Its Protest Against Government Power Concentrated in a Far-Distant Land

HISTORY - Boston Tea Party (BEST)

by Diane Rufino, December 20, 2018

Four days ago, a date came and went without much mention. Yet it was so significant.

On December 16, 1773, some 30 to 130 protesters, mostly members of the Sons of Liberty, dressed up as Mohawk Indians, boarded three British ships (the Beaver, Dartmouth, and Eleanor), and dumped all its cargo of tea. In all, they dumped 342 chests of British East India Company tea, weighing over 92,000 pounds (roughly 46 tons) into Boston Harbor. The cargo was worth more than $1,700,000 dollars in today’s money. Merchant John Andrews wrote in his December 18, 1773 letter, “ten thousand pounds sterling of the East India Company’s tea was destroyed the evening before last…” The British East India Company reported £9,659 worth of damage caused by the Boston Tea Party.

The chests were smashed using an assortment of axes but aside from the tea and one  broken padlock, historical accounts of the event record no damage was done to any of the three ships, the crew or any other items onboard the ships. The padlock was the personal property of one of the ships’ captains, and was promptly replaced the next day by the Patriots. Nothing was stolen or looted from the ships, not even the tea. One participant tried to steal some tea but was reprimanded and stopped. The Sons of Liberty were very careful about how the action was carried out and made sure nothing besides the tea was damaged and they took great care to avoid any destruction of personal property. After the destruction of the tea, the participants swept the decks of the ships clean and anything that was moved was put back in its proper place.

The point of this seemingly useless emphasis on detail is that the Sons of Liberty used the event as a protest, carefully and glaringly obvious as one aimed at the importation of the East India Company tea pursuant to the Tea Act. It wasn’t a protest against Britain in general and it wasn’t a protest against the East India Company. It was a protest designed to show the colonists’ resistance to a law that was passed in abuse of government power. They were interposing to exert their liberty rights.

The Boston Tea Party wasn’t about the AMOUNT of tax on the tea, because in reality, the tax would have lowered the amount colonists would pay for tea. (In fact, King George thought the Tea Act would be welcome in the colonies because finally, it was going to save them money). No, the Boston Tea Party was about two things:  (1) The Tea Act was passed by a legislature that did not allow any representatives from the colonies (in violation of the English Bill of Rights of 1689, with its precursor being the Magna Carta; the Magna Carta introduced the concept of “Taxation with Representation”), and (2)  The Tea Act established a monopoly on the sale of tea, destroying the free market on the item and putting colonial traders out of business (or making criminals out of them should they dare to continue selling tea), thus highlighting the lack of procedures in government to protect and respect the rights of the colonies.

I bring this last point up because, as you would have noticed by reading the list of grievances against King George III in the Declaration of Independence, gradually, the King and Parliament came to exert complete control and governance over the colonies and the colonists; the last straw came when, at Lexington & Concord, the Redcoats attempted to destroy the colonial arsenal of ammunition, and then the King sent a decree to all Royal governors and the Royal Navy to block all importation of guns and ammunition to the colonies, and then in Virginia (1775), when Royal Governor Dunmore disbanded the colonial legislature, seized ammunition stores, and sought to confiscate colonial stockpiles of ammunition (prompting Patrick Henry to introduce resolutions to raise colonial militias and to deliver his famous “Give me Liberty or Give me Death!” speech). The last and most valuable of the rights of the colonists (recognized in the English Bill of Rights) were their rights of self-defense and self-determination. They would be worth fighting for.

Effective and responsive government in a free land is government that is closest to the people. A government that attempts to control people from a distant land (or a distant part of the country) is not responsible government. It is not what our Founders intended. That is why our Founders gave us a limited federal government; a federation of sovereign states. That is why we have the Tenth Amendment.

In a speech Ronald Reagan delivered on October 27, 1964 in support of Barry Goldwater (the conservative candidate), this idea was put clearly to the American people. Reagan said:

“And this idea that government is beholden to the people, that it has no other source of power except the sovereign people, is still the newest and the most unique idea in all the long history of man’s relation to man.

This is the issue of this election: whether we believe in our capacity for self-government or whether we abandon the American revolution and confess that a little intellectual elite in a far-distant capitol can plan our lives for us better than we can plan them ourselves.”

The Sons of Liberty, along with our great founding fathers, resisted, with every means possible, all attempts of the King and Parliament to concentrate power and control over the colonies and colonists from the far-off land of Great Britain. That control came at a huge cost – the loss of natural rights and rights specifically enumerated in the various charters of England and in its Bill of Rights.

We as Americans are allowing that very same thing to happen to us – allowing almost all government control to be concentrated in DC, to be carried out by a group of corrupt human beings more beholden to a political party than to the people themselves. How can we justify this when our history is one defined by the Boston Tea Party and the American Revolution?

We should be ashamed of ourselves.

Anyway, I hope you will take the time to read my good friend Dave Benner’s article on the Boston Tea Party. “Today in History: The Boston Tea Party” [https://tenthamendmentcenter.com/2018/12/16/today-in-history-the-boston-tea-party/ ].  In that article, Mr. Benner writes:

Contrary to popular belief, this was not specifically a tax protest – the patriots did object to taxes levied without representation, but 1773 Tea Act had actually lowered the taxes on tea. Instead, the colonists disavowed mercantile practices of the British government, specifically the tea monopoly that was granted to the East India Tea Company through the law. Additionally, they renounced the idea that Parliamentary law was supreme over all of the British Empire and could override the will of the colonial assemblies.

Upon learning of the event, John Adams wrote: “This Destruction of the Tea is so bold, so daring, so firm, so intrepid, and so inflexible, and it must have so important Consequence sand so lasting, that I cannot but consider it as an Ecpocha in History.”

Although it was the most famous event called a “Tea Party,” other states resisted the implementation of the act as well. In South Carolina, patriots dumped tea into the Cooper River. In Annapolis, a ship carrying loads of tea was put to the torch. In New York and Philadelphia, the ships bringing the tea were rejected and turned back to England.

In Edenton, North Carolina, Penelope Barker organized a group of patriot women and signed a document of rebuke against the act and pledged to boycott British goods. They agreed to obstruct the policy “until such time that all acts which tend to enslave our Native country shall be repealed.” Effectively, all states meddled with the enforcement of the law in the same ways they had resisted the Stamp Act, effectively nullifying it.

As I hope most of us remember from our study of early American History, the British responded harshly to the Boston Tea Party. Parliament responded by passing a series of four acts collectively known as the Coercive Acts of 1774. The Acts were meant to punitive, to punish the Massachusetts colonists for their Tea Party protest. Parliament hoped these punitive measures would, by making an example of Massachusetts, reverse the trend of colonial resistance to parliamentary authority that had begun with the 1765 Stamp Act.

The first of the four Acts was The Boston Port Act which closed the port of Boston until the colonists paid for the destroyed tea and the king was satisfied that order had been restored.  This, of course, crippled the colony’s maritime economy. The second of the Acts was The Massachusetts Government Act, which essentially abolished the colonial government. It unilaterally took away Massachusetts’ charter and brought it under control of the British government, and for that reason, it provoked even more outrage than the Port Act. Under the terms of the Government Act, almost all positions in the colonial government were to be appointed by the governor, Parliament, or king. The act also severely limited town meetings in Massachusetts to one per year.  The third act, The Administration of Justice Act, allowed the Royal governor to order trials of accused royal officials to take place in Great Britain or elsewhere within the Empire if he decided that the defendant could not get a fair trial in Massachusetts. And the fourth, the Quartering Act, allowed a governor to house soldiers in certain buildings if suitable quarters were not provided. Unlike the other acts, the Quartering Act applied to all the colonies.

The Intolerable Acts were so harsh that the colonists referred to them as the Intolerable Acts.

Quickly, the Intolerable Acts would set the colonies on a course that would lead to war and ultimately to our independence. Months after the Intolerable Acts were imposed on Massachusetts, the First Continental Congress was called in order to address the conduct by Great Britain towards her colonies. The First Continental Congress met in Philadelphia from September 5 – October 26, 1774. Three achievements came of that historic meeting:  (1) The twelve colonies who sent representatives to the Congress agreed to boycott the import of British goods beginning on December 1, 1774: (2) The representatives called for a second Continental Congress to meet in May of the following year; and (3) The Congress approved a Petition to the King of England (King George III) which it sent before adjourning. That Petition explained to his majesty that if it had not been for the acts of oppression forced upon the colonies by the British Parliament, the American people would be standing behind British rule. It further appealed to the King to interceded on their behalf (in regard to their opposition to and subjugation under the Coercive Acts) and to call for their repeal.

The colonists appealed to the King with these words: “To a Sovereign, who glories in the name of Briton, the bare recital of these Acts must, we presume, justify the loyal subjects, who fly to the foot of his Throne, and implore his clemency for protection against them…..”  [The Petition can be read at:  https://en.wikipedia.org/wiki/Petition_to_the_King ] King George never gave the Colonies a formal reply to their petition. In fact, it is said he compared the colonists to petulant children who were rebelling rather than protesting. Although the Petition was not meant for Parliament, the King sent it there where it also received little attention and no response.

On April 19, 1775, the first shots of the revolution were fired at Lexington and Concord after a contingent of British redcoats marched from Boston to arrest the tea party planners Samuel Adams and John Hancock and to destroy the munitions stockpiled at Concord. The following month, on May 11, the Second Continental Congress convened in Philadelphia, no longer to tasked with smoothing relations with Britain but now to plan and manage the war that was certainly coming.

On June 14, the Second Continental Congress adopted a resolution to establish the Continental Army, to coordinate the military efforts of the colonies in their revolt against the rule of Great Britain, and five days later, on June 19, George Washington was appointed General of that Army. Still hoping to prevent war, the Second Continental Congress, on July 5, agreed to send a petition to King George asking him to reach an agreement with the Americans. This petition was termed “The Olive Branch Petition.” The following day, the Congress adopted the “Declaration on the Causes and Necessity of Taking Up Arms” to follow the Olive Branch Petition and explain why the American colonies were fighting.

The “Declaration of the Causes and Necessity of Taking Up Arms,” which was written by John Dickinson but relying on language from Thomas Jefferson, would be the final attempt on the part of the colonies to avoid war with Great Britain. Just as the Petition asserted the year before, The Declaration of Causes affirmed American loyalty to Great Britain and beseeched King George III to prevent further conflict. Like the petitions presented to the earlier Kings of England, the one sent by the colonies listed their grievances (again reminding the King of their right to have representation when being taxed and their concerns over the growing tyranny over the colonies), gave their reasons for fighting the British, and stated that the American colonies are “resolved to die free men rather than live as slaves.” When the Petition and Declaration arrived in August and were handed to the King, he refused to read them. Yet, on August 23, he proceeded to formally declare the colonies to be in a state of active rebellion against the Crown (Proclamation of Rebellion) and declared the colonists to be traitors.

It is said that up until this Petition, Benjamin Franklin held great regard and affection for Great Britain and valued his status as a British subject. But when the King chose not to respond to the Petition, nor to even acknowledge the colonists’ legitimate grievances, and when Parliament did the same, he realized that his affections and loyalty to Great Britain were ill-placed and that the relationship between the colonies and the Crown was in a fatal state of disunity, and from that moment on, he was in favor of independence from Great Britain. After he voted in favor of sending the Petition, Franklin penned a letter to a friend there, William Straham. Straham was a British Member of Parliament who had, until that point, been a good friend of his for at least thirty years. In that letter, Franklin vented his anger and frustrations:

“You are a Member of Parliament, and one of that Majority which has doomed my country to destruction. You have begun to burn our towns, and murder our people. Look upon your hands! They are stained with the blood of your relations! You and I were long friends: You are now my enemy, and I am Yours.  —  B. Franklin.”

The Second Continental Congress continued to meet in 1776, with the war in full swing. On July 2, the Congress adopted the Lee Resolution, formally declaring independence 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.”), and finally, on July 4, the longer Declaration of Independence (listing the many grievances against the King and Parliament) was adopted.

To reject the principles that drove the Sons of Liberty and other colonial protesters to destroy the tea in Boston that cold December evening in 1773, to diminish its impact on our founding. or to fail to understand its influence on our Founders’ intent for government is to help send our country on its way to government supremacy over our lives. It is to accept that government tyranny is acceptable. It is to submit to the easier course of action which is that we can tolerate government violating and limiting our liberty rights.

Ronald Reagan, in that famous speech mentioned above, had this to say:  “You and I are told increasingly we have to choose between a left or right. Well I’d like to suggest there is no such thing as a left or right. There’s only an up or down: [up] man’s old — old-aged dream, the ultimate in individual freedom consistent with law and order, or down to the ant heap of totalitarianism. And regardless of their sincerity, their humanitarian motives, those who would trade our freedom for security have embarked on this downward course.”

 

References:

“The Boston Tea Party Destruction of the Tea” –  https://www.bostonteapartyship.com/the-destruction-of-the-tea

Dave Benner, “Today in History: The Boston Tea Party,” Tenth Amendment Center, December 16, 2018.  Referenced at:  https://tenthamendmentcenter.com/2018/12/16/today-in-history-the-boston-tea-party/

Ronald Reagan, speech of October 27, 1964 (“A Time for Choosing”) – https://www.americanrhetoric.com/speeches/ronaldreaganatimeforchoosing.htm

David B. Kopel, “How the British Gun Control Program Precipitated the American Revolution,” Charleston Law Review, Vol. 6, No. 2 (Winter 2012).  Referenced at:  http://www.academia.edu/10621580/How_the_British_Gun_Control_Program_Precipitated_the_American_Revolution

David B. Kopel, “The American Revolution Against British Gun Control” Administrative and Regulatory Law News (American Bar Association), Vol. 37, no. 4 (Summer 2012).  Referenced at:  http://www.davekopel.org/2A/LawRev/american-revolution-against-british-gun-control.html

“Benjamin Franklin Joins the Revolution,” The Smithsonian.  Referenced at:  https://www.smithsonianmag.com/history/benjamin-franklin-joins-the-revolution-87199988/

Government Targeting Political Opponents (an American Story, thanks to Barack Obama)

 

MAXINE WATERS - protesters burn flag outside Waters' Office

by Diane Rufino, July 21, 2018

On Thursday, July 19, supporters of Democratic Congresswoman Maxine Waters showed up at her Los Angeles office and put on a very troubling and unpatriotic display. I suppose their conduct was either in line with their diminished intelligence, their natural tendency to thug-like, violent behavior, or the indoctrination of the Thug Queen herself, Maxine Waters. At one point in the video taken of that protest, one lady not only parroted the vile hatred that Waters has been spewing but she also sounded exactly like her. It was disturbingly unsettling.

Waters and her ilk are the lowest of the low, and should have no place in the kind of country that was established for close-knit communities predicated on the mutual respect for our country’s ideals, our collective desire to get along, and our intelligent duty to conduct ourselves as decent members of society and to support the Rule of Law.

Last week, the constitutionally conservative group known as Oath Keepers called on members to show up outside the controversial Congresswoman’s South Los Angeles office for a “protest against Maxine Waters’ incitement of terrorism, and a stand FOR ICE and the Border Patrol.”  Supporters of Waters (ie, the demonstrators) showed up with the intent of countering that protest, but police at the protest site told the Los Angeles Times that the group had notified authorities that it no longer planned to hold the demonstration, in order to keep the peace.

Rather than go back home, the Pro-Waters crowd, which numbered a few dozen and included union workers, church leaders, South Los Angeles residents and members of activist groups, many holding signs that read “Resist!,” proceeded to demonstrate and display the hatred that Rep. Waters so often uses her platform to encourage and incite. At one point, a pick-up truck drove by, and believing it to belong to a member of the Oath Keepers, the demonstrators gathered around it, opened the doors and terrorized the driver, and then snatched his American flag from the truck bed.  No doubt, they were offended by a real American, a conservative. They proceeded to stomp on the flag and then set it on fire. They chanted “Black Power” and shouted “America was never great” A few even yelled: “This is not the American flag, this is their flag.”

…….  Not exactly the kind-of crowd you look forward to enjoying a 4th of July picnic with.
MAXINE WATERS - protesters stopping pick up truck and stealing man's flag outside Waters' Office

Ever since the election of Donald Trump, an election he won fair and square, and against an avalanche of behind-the-scenes crooked dealings, alliances, pay-offs, abuses of power, government-DNC collusion, and a phony Russian scandal, Democrats and others on the left have become unhinged and have shown their opposition in ways that exceed those allowed by the First Amendment, that offend all rules of common decency, that frustrate the traditional university goals of robust intelligent debate, and that violate our civil and criminal laws.  We see the rhetoric of hate, we see threats of violence against conservatives and against Republican members of Congress and members of Trump’s administration, we see Republican state and federal leaders and members of Trump’s administration (and their families) being shouted and threatened out of restaurants, movie theaters, and ball games, we see violence against conservative speech by Antifa and hooded thugs on campuses, we’ve witnessed the intentional shooting of Republican Congressmen (last year’s Congressional softball game), we’ve learned of the arrest of at least one Antifa member who amassed a cache of bomb-making materials and guns and who had a Manifesto outlining his mission to kill conservatives, we hear the most vile of rants and name-calling from members of the Entertainment Industry against Trump and against conservatives, we hear talk-show hosts and actors call for the rape and sodomization of members of Trump’s family and administration, we watch in disbelief as Democratic leaders in Congress become increasingly unhinged and unpatriotic in their messages and in their conduct, and we see Black Lives Matter protestors, including the likes of Al Sharpton and other race-baitors and poverty pimps, calling for the slaughter of members of law enforcement.

We see a common thread….   All of these groups, all of these so-called people belonging to the Democratic Party.

What should happen ideally is that all of these types of people, including hoards of illegal immigrants and Middle-Eastern refugees, be moved into the communities and neighborhoods of Democratic legislators, Democratic politicians, Democratic Party leaders, activist judges, Hollywood actors and actresses, liberal talk-show hosts, and editors, producers, columnists, reporters, and commentators of the mainstream media. If these people want to empower such anti-social, violent, psychotic, unpatriotic, dis-believing, dependent, entitled, abhorrent, crazed, unstable, mentally-imbalanced, irresponsible, law-breaking, terrorist individuals, then at least they should know what it’s like to have them living among them.

Anyway, I digress from my main point which is that Obama targeted political opponents, using the full force of the federal government –  a government absolutely prohibited, under the Bill of Rights, from enacting any law or policy that infringes on one’s freedom of speech, freedom to the press (including every blogger and writer who “publishes” in any way information and commentary), right to own and bear firearms (“Shall Not Be Infringed!”), freedom of conscience, right of assembly, and freedom to be safe from unreasonable government searches and seizures (to be safe and secure in one’s home and in one’s private affairs; “to be king of one’s castle”).

Right after Barack Obama took office as president, in early April 2009, he had Attorney General Janet Napolitano and the Department of Homeland Security re-draft guidelines as to who the “real threat” to America is.  This was done without anyone paying any particular attention to it and was done while the country was still shielding their eyes, as if they were looking at the face of the new “messiah.”  According to President Obama, his advisors, and his administration in general, it was no longer radical Islam that posed the greatest threat to our country, but rather, the very people he made fun of in one of his appearances in Pennsylvania — those who “cling to their religion and their guns.”  The DHS document outlining this threat was titled “RIGHTWING EXTREMISM: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” and it was issued by the Office of Intelligence and Analysis (within DHS).  You can read the entire document yourself at:  https//fas.org/irp/eprint/rightwing.pdf.  In it, the Department of Homeland Security explains that people like Tea Party groups, white conservatives. Veterans, Christians, Second-amendment supporters, and the like pose a serious threat to the country (and, as mentioned, to Obama’s administration — as he is a black man). These “rightwing extremists,” the report says, are those who will produce white supremacists, will oppose Obama’s policies, will present opposition to his policies on immigration, and in general, will try to organize against him. Because they support the second amendment, the Obama administration labeled them as dangerous, likely to organize and use violence, and put them on the DHS watch list.

Can you even wrap your mind around the sanity of the federal government in deeming God-fearing, law-abiding, Constitution-loving, patriotic conservative Americans to be dangerous to the country, moreso than the likes of those who slaughtered 3000 innocent Americans on 9/11, who have kidnapped and beheaded several of our journalists and contractors, and who have planned and carried out the many attacks on our military personnel and citizens both here and abroad ???   I certainly can’t. A government that can even think of doing so is simply evil and unconstitutionally ambitious.

In embracing Obama’s policy and attempting to sell it to state and local law enforcement and to the country in general, Secretary Janet Napolitano issued the following press release on April 15, 2009, which was posted on the Department of Homeland Security website: “The primary mission of this department is to prevent terrorist attacks on our nation. The document on Right-Wing Extremism sent last week by this department’s Office of Intelligence and Analysis is one in an ongoing series of assessments to provide situational awareness to state, local and tribal law enforcement agencies on the phenomenon and trends of violent radicalization in the United States. I was briefed on the general topic, which is one that struck a nerve as someone personally involved in the Timothy McVeigh prosecution.”  Turning the government against its law-abiding citizens is the very definition of tyranny.

We associate governments targeting, harassing, drumming up false charges, imprisoning, and killing political opponents with the likes of Adolf Hitler and the Nazi Party, with Josef Stalin and the Communist Party, with Pol Pot (Cambodia) and the Communist Khmer Rouge Party, with Pinochet in Chile, with Mao Zedong in China, with Mehmet Talat Pasa in Armenia, with Idi Ami in Uganda, and with the leadership in countries like Rwanda, Bosnia, and Darfur.  We all know that the government rounded up Japanese-Americans and put them in internment camps after the attack on Pearl Harbor. With intimate knowledge of and sensitive information about Pearl Harbor having been obtained by Japanese spy, Takeo Yoshikawa, and transmitted ultimately to Admiral Yamamoto in Japan to finalize plans of the attack, the government could not trust Japanese-Americans to be loyal to the United States over Japan. The camps were dismantled after Japan’s defeat.  We also all know of the McCarthy era and the political movement to weed out Communists and Communist spies from positions of power and access to sensitive information, but that was arguably for reasons of true national security. The relationship between the United States and Russia has become adversarial and competitive for control and influence in the world….  It was an era of intense geopolitics. Every move by Russia (the Soviet Union) became a matter of freedom and tyranny… a matter of individuals being able to live freely or to be controlled by a regime of fear and violence. The two countries emerged as the worlds’ two greatest superpowers, with the ability of annihilating millions of people with their nuclear capability (Russia obtaining the technology thru its espionage activities in the US) and each viewed the other as the enemy and an absolute threat to national security.

No one would ever associate modern day United States with political persecution, yet that’s exactly what happened under the Obama administration. Barack Obama deemed anyone whose views were contrary to his and his administration or whose views and background, and potential, posed a risk to his political agenda as “security threats” to the United States, posing a likely threat of acts of domestic terrorism. Is this not mind-blowing or what??  Paranoid kings of England acted in this manner, paranoid emperors of Rome acted in this manner, Stalin and Hitler acted in this manner, and the list goes on…..  those who think differently pose a threat to those in power. Yes, conservatives think the right to have and bear arms is a right meant to be essentially free from government control (except for mental illness and a violent history). Conservatives believe government control of firearms and ammunition, and talk of confiscation are the hallmarks of a tyrant (like King James II and King George III of England),.  Yes, conservatives believe that a sovereign nation without border control, ie, control over immigration, is not sovereign but merely a temporary state ultimately doomed to mob control. Yes, conservatives believe in the vitality and importance of our very first amendment – the rights to religious liberty, speech, press, assembly, and petition. They believe that a person is endowed with the right to think freely and to think as dictated by his or her religious values, his degree of intelligence and understanding, and as his heart and gut instruct (the “right of conscience”) and that government has no place to coerce thought, speech, and conduct that violates that right of conscience.  Yes, conservatives believe that a woman may have freedom over her body and her fertility (her ability to bring forth new life), but they certainly don’t believe the right is absolute and  includes the right to kill a fully-developed, living child that for the unfortunate reason that nature dictates (not yet been born), it hasn’t yet been able to take its first breath outside the mother’s womb.  Yes, conservatives believe in a limited government. They believe in the government created by the Constitution, which by its terms and provisions is certainly one meant to be limited. They believe a free country means that its citizens are able to freely exercise their God-given rights without over-regulation and intrusion by the government.  They believe in the rights of the individual and not the collective, a distinction made very clear when our country and our government system were established. They believe that a government that forcibly takes from some in order to benefit others, and then relies on those “dependents” as a crucial voting block, is an unconstitutional government – one well on its way to being a socialist government. Yes, conservatives believe in personal responsibility, lower taxes, free markets, and unburdened property rights.  And yes, conservatives believe that federal court judges and Supreme Court justices are limited in their roles on the bench; they are limited by the words, meaning, intent, and historical context of the Constitution and by the plain meaning and legislative intent of federal laws. In other words, they must be strict constructionists, textualists, and originalists, for the Constitution is a statement of the people’s intention for their government, permanently documented and ratified by state conventions specifically organized for that purpose. The only way to change the terms of government and to “evolve” with times is to take advantage of the amendment process outlined in Article V.  Conservatives  are strongly opposed to the notion of a “living, breathing, document” which gives judges and justices full reign to mold and transform the Constitution as they see fit and which allows them to by-pass the democratic process where the people dictate how fast society “progresses.”

Democrats, and especially Obama, believe in the complete opposite. The difference between Obama and other Democratic presidents is that he deceptively, secretly, covertly put programs and policies in place to subdue the opposition (conservatives) and as we are learning now, to deprive them the office of the presidency, in order to move full speed on his progressive, liberal (un-American) policies.  Besides his blatant abuse of the IRS to target conservatives, his interference in investigation and potential prosecution of Hillary Clinton for her intentional abuse of national security procedures by using a personal unsecured email server for official emails, and his creation of a “fake” dossier and his illegal abuse of the FISA warrant policy to spy on the Trump campaign, Judicial Watch has just uncovered documents that show that President Obama attempted to institute gun control stealthily by going after ammunition instead of guns. (It has just filed suit in the district court in DC to compel the ATF to produce its records on the matter).  The first shots of the American Revolution, as most of are unaware, were fired not because of taxation but because King George instructed his man in Massachusetts, General Gage, to locate and destroy all the colonists’ ammunition. And as most are unaware, it was this despotic act that prompted one of my favorite founding fathers, Patrick Henry, to exclaim to the Virginia Convention that famous night on March 23, 1775 at St. John’s Church in Richmond:

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

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

With that speech, he defended the resolutions he had submitted for Virginia to build and train its militia (one in every county), to be ready to fight the British.

It is one thing to think differently, politically, for that is how citizens advance their issues and concerns in government, but it is another thing to use the government against the people because they think differently. And it is also one thing to think compromise is necessary and always a good thing, when sometimes it’s the very way we erode important foundations.  As Richard Dawkins once said:  “When two opposite points of view are expressed with equal intensity, the truth does not necessarily lie exactly halfway between them. It is possible for one side to be simply wrong.”  If the colonists had accepted Britain’s treatment of them, if they had engaged in endless compromise with its leaders, then America would never have pushed for, and fought for, its independence. Compromise breeds complacency.

If we look back on how President Obama insidiously targeted conservatives, we should take note of how he identified certain traditional “American” values and views and tried to explain them away as being dangerous to the country.  Hitler and Goebbels would have been proud.

The assessment, “RIGHTWING EXTREMISM: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” is prefaced by the following “Key Findings” by the Office of Intelligence and Analysis (DHS):

Key Findings:

(U//LES)  The DHS/Office of Intelligence and Analysis (I&A) has no specific information that domestic rightwing* terrorists are currently planning acts of violence, but rightwing extremists may be gaining new recruits by playing on their fears about several emergent issues.  The economic downturn and the election of the first African American president present unique drivers for rightwing radicalization and recruitment.

— (U//LES)  Threats from white supremacist and violent antigovernment groups during 2009 have been largely rhetorical and have not indicated plans to carry out violent acts.  Nevertheless, the consequences of a prolonged economic downturn—including real estate foreclosures, unemployment, and an inability to obtain credit—could create a fertile recruiting environment for rightwing extremists and even result in confrontations between such groups and government authorities similar to those in the past.

— (U//LES)  Rightwing extremists have capitalized on the election of the first African American president, and are focusing their efforts to recruit new members, mobilize existing supporters, and broaden their scope and appeal through propaganda, but they have not yet turned to attack planning.

(U//FOUO)  The current economic and political climate has some similarities to the 1990s when rightwing extremism experienced a resurgence fueled largely by an economic recession, criticism about the outsourcing of jobs, and the perceived threat to U.S. power and sovereignty by other foreign powers.

— (U//FOUO)  During the 1990s, these issues contributed to the growth in the number of domestic rightwing terrorist and extremist groups and an increase in violent acts targeting government facilities, law enforcement officers, banks, and infrastructure sectors.

— (U//FOUO)  Growth of these groups subsided in reaction to increased government scrutiny as a result of the 1995 Oklahoma City bombing and disrupted plots, improvements in the economy, and the continued U.S. standing as the preeminent world power.

(U//FOUO)  The possible passage of new restrictions on firearms and the return of military veterans facing significant challenges reintegrating into their communities could lead to the potential emergence of terrorist groups or lone wolf extremists capable of carrying out violent attacks.

It then explains:

(U)  Current Economic and Political Climate

(U//FOUO)  DHS/I&A assesses that a number of economic and political factors are driving a resurgence in rightwing extremist recruitment and radicalization activity.  Despite similarities to the climate of the 1990s, the threat posed by lone wolves and small terrorist cells is more pronounced than in past years.  In addition, the historical election of an African American president and the prospect of policy changes are proving to be a driving force for rightwing extremist recruitment and radicalization.

— (U)  A recent example of the potential violence associated with a rise in rightwing extremism may be found in the shooting deaths of three police officers in Pittsburgh, Pennsylvania, on 4 April 2009.  The alleged gunman’s reaction reportedly was influenced by his racist ideology and belief in antigovernment conspiracy theories related to gun confiscations, citizen detention camps, and a Jewish-controlled “one world government.”

(U)  Exploiting Economic Downturn

(U//FOUO)  Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of U.S. jobs in the manufacturing and construction sectors, and home foreclosures.  Anti-Semitic extremists attribute these losses to a deliberate conspiracy conducted by a cabal of Jewish “financial elites.”  These “accusatory” tactics are employed to draw new recruits into rightwing extremist groups and further radicalize those already subscribing to extremist beliefs.  DHS/I&A assesses this trend is likely to accelerate if the economy is perceived to worsen.

(U)  Historical Presidential Election

(U//LES)  Rightwing extremists are harnessing this historical election as a recruitment tool.  Many rightwing extremists are antagonistic toward the new presidential administration and its perceived stance on a range of issues, including immigration and citizenship, the expansion of social programs to minorities, and restrictions on firearms ownership and use.  Rightwing extremists are increasingly galvanized by these concerns and leverage them as drivers for recruitment.  From the 2008 election timeframe to the present, rightwing extremists have capitalized on related racial and political prejudices in expanded propaganda campaigns, thereby reaching out to a wider audience of potential sympathizers.

 — (U//LES)  Most statements by rightwing extremists have been rhetorical, expressing concerns about the election of the first African American president, but stopping short of calls for violent action.  In two instances in the run-up to the election, extremists appeared to be in the early planning stages of some threatening activity targeting the Democratic nominee, but law enforcement interceded.

(U)  Revisiting the 1990s

 (U//FOUO)  Paralleling the current national climate, rightwing extremists during the 1990s exploited a variety of social issues and political themes to increase group visibility and recruit new members.  Prominent among these themes were the militia movement’s opposition to gun control efforts, criticism of free trade agreements (particularly those with Mexico), and highlighting perceived government infringement on civil liberties as well as white supremacists’ longstanding exploitation of social issues such as abortion, inter-racial crimes, and same-sex marriage.  During the 1990s, these issues contributed to the growth in the number of domestic rightwing terrorist and extremist groups and an increase in violent acts targeting government facilities, law enforcement officers, banks, and infrastructure sector.

(U)  Illegal Immigration

(U//FOUO)  Rightwing extremists were concerned during the 1990s with the perception that illegal immigrants were taking away American jobs through their willingness to work at significantly lower wages.  They also opposed free trade agreements, arguing that these arrangements resulted in Americans losing jobs to countries such as Mexico.

(U//FOUO)  Over the past five years, various rightwing extremists, including militias and white supremacists, have adopted the immigration issue as a call to action, rallying point, and recruiting tool.  Debates over appropriate immigration levels and enforcement policy generally fall within the realm of protected political speech under the First Amendment, but in some cases, anti-immigration or strident pro-enforcement fervor has been directed against specific groups and has the potential to turn violent.

(U//FOUO)  DHS/I&A assesses that rightwing extremist groups’ frustration over a perceived lack of government action on illegal immigration has the potential to incite individuals or small groups toward violence.  If such violence were to occur, it likely would be isolated, small-scale, and directed at specific immigration-related targets.

— (U//FOUO)  DHS/I&A notes that prominent civil rights organizations have observed an increase in anti-Hispanic crimes over the past five years.

(U)  Legislative and Judicial Drivers

(U//FOUO)  Many rightwing extremist groups perceive recent gun control legislation as a threat to their right to bear arms and in response have increased weapons and ammunition stockpiling, as well as renewed participation in paramilitary training exercises.  Such activity, combined with a heightened level of extremist paranoia, has the potential to facilitate criminal activity and violence.

— (U//FOUO)  During the 1990s, rightwing extremist hostility toward government was fueled by the implementation of restrictive gun laws—such as the Brady Law that established a 5-day waiting period prior to purchasing a handgun and the 1994 Violent Crime Control and Law Enforcement Act that limited the sale of various types of assault rifles—and federal law enforcement’s handling of the confrontations at Waco, Texas and Ruby Ridge, Idaho.

The assessment also informs: “The information is provided to federal, state, local, and tribal counterterrorism and law enforcement officials so they may effectively deter, prevent, preempt, or respond to terrorist attacks against the United States.  Federal efforts to influence domestic public opinion must be conducted in an overt and transparent manner, clearly identifying United States Government sponsorship.”

Through the DHS and its directive (“Rightwing Extremism…..”), the Obama administration was almost “deputizing state and local law enforcement” to do the government’s bidding.  We truly weren’t a “free country” during those years.

Clearly, the “assessment” by the Office of Intelligence and Analysis (DHS) was meant to identify the threat to OBAMA and to his administration and his agenda, rather than to the United States and to its security and its citizens.  The identification of Rightwing groups and individuals as potential “domestic terrorists” is predicated wholly and improperly on a difference of political opinion and political viewpoint. It is as clear a violation of the First Amendment’s guarantee of Free Speech and Freedom of Conscience as it gets.

Anyone who can connect dots can see that Obama used the full forces of the federal government to target, harass, discriminate against, and to neutralize Tea Party groups and other conservatives. It is why he used the IRS to block Tea Party groups from organizing (they were denied, exclusively, the ability to organize as a 501(c)(3) tax-exempt groups for political purposes), to go out and harass and excessively audit them, and why he had Dinesh D’Souza thrown in jail.  With this in mind, it’s not hard to see why he did everything possible to divide the country into groups violently opposed to conservatives and then to use government agencies to work silently to make sure Hillary Clinton won the 2016 election and to make sure Trump did not. It’s why they are still fighting Trump (and the conservatives in general). It’s become violent.

So far, President Trump reversed that policy and put the focus back on radical Islamists. He has not turned the tables on Democrats and their venomous, vile, and violent ilk and put them under the microscope by Homeland Security. But maybe he should.  Democrats have become a dangerous and obstructive force in our country – spewing and inciting hatred, division, and violence. They care little for political discourse so it isn’t about free speech; rather, it’s about getting Donald Trump out of office in any conceivable way possible, even if it has to be by creating a false and fictitious charge or by bombarding the American audience with a false narrative. It’s strictly a power ploy, designed to make useful idiots out of useless ones (Democrat voters) for the purpose of denying political power to the legitimate party, the Republican Party (duly elected by the people, thru the Electoral System; a government “by the people”) and transferring it, by a political coup, to the Democratic Party elite.

Trump is far too honorable and responsible of a president to ever consider turning the government against its citizens because unlike Obama, who supposedly taught Constitutional Law and an “expert on the Constitution,” Trump has an uncanny understanding of it and a deep respect for it.  He also understands and respects that the government belongs to the people, through their collective judgement and their action at the ballot box, and not to the puppet masters of a Political Party.

Here is another example of an approach where compromise cannot be sought. One approach is clearly wrong.

We must never again allow an administration to forcibly, or even tacitly, silence the voice of political opposition.  We must ever remain vigilant.

“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.” President Harry Truman spoke these words on August 8, 1950 in a special message to Congress on the Internal Security of the US.

Liberty, and the US Constitution, must always be those gems worth fighting for.  Both belong to the people; both are the birthright of every American.

 

References:

“Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” (An Assessment), Office of Intelligence and Analysis, the Department of Homeland Security (DHS), April 7, 2009 –  https://fas.org/irp/eprint/rightwing.pdf

Paulina Dedaj, “Maxine Waters Supporters Burn American Flag Outside California Rep’s Office,” FOX News, July 20, 2018.  Referenced at:  http://www.foxnews.com/politics/2018/07/19/counterprotesters-burn-american-flag-outside-office-maxine-waters.html

Carlos Granda, “Oath Keepers Calls Off Protest Outside Maxine Waters’ Los Angeles Office,” ABC7 News, July 20, 2018.  Referenced at:  http://abc7.com/politics/oath-keepers-calls-off-protest-at-maxine-waters-office/3789197/

“Statement by U.S. Department of Homeland Security Secretary Janet Napolitano on the Threat of Right-Wing Extremism,” Department of Homeland Security, April 15, 2009.  Referenced at:  https://www.dhs.gov/news/2009/04/15/secretary-napolitanos-statement-right-wing-extremism-threat

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.

References:

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.

III. CONCLUSION

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.

References:
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.

References:

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

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

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

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

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

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

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

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

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 !!

INTRO — 

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.

THE IRS and TAX-EXEMPTION

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.

TIMELINE of the IRS SCANDAL —

(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. 

TARGETING POLICIAL OPPOSITION IS TYRANNY –

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]

References:

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