James Madison Encroaches upon Our Liberties by Government

James Madison Quote General Welfare

James Madison Regarding the General Welfare Clause (Click to enlarge)

ADDRESS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE COMMONWEALTH OF VIRGINIA.

Fellow-citizens,— Unwilling to shrink from our representative responsibility, conscious of the purity of our motives, but acknowledging your right to supervise our conduct, we invite your serious attention to the emergency which dictated the subjoined resolutions. Whilst we disdain to alarm you by ill-founded jealousies, we recommend an investigation, guided by the coolness of wisdom, and a decision bottomed on firmness but tempered with moderation.

It would be perfidious in those entrusted with the guardianship of the State sovereignty, and acting under the solemn obligation of the following oath, “I do swear that I will support the Constitution of the United States,” not to warn you of encroachments which, though clothed with the pretext of necessity, or disguised by arguments of expediency, may yet establish precedents which may ultimately devote a generous and unsuspicious people to all the consequences of usurped power.

Encroachments springing from a government whose organization cannot be maintained without the co-operation of the States, furnish the strongest excitements upon the State Legislatures to watchfulness, and impose upon them the strongest obligation to preserve unimpaired the line of partition.

James Madison State Rights vs Federal Government

James Madison regarding State Rights vs Federal Government (Click to enlarge)

The acquiescence of the States under infractions of the federal compact, would either beget a speedy consolidation, by precipitating the State governments into impotency and contempt; or prepare the way for a revolution, by a repetition of these infractions, until the people are roused to appear in the majesty of their strength. It is to avoid these calamities that we exhibit to the people the momentous question, whether the Constitution of the United States shall yield to a construction which defies every restraint and overwhelms the best hopes of republicanism.

Exhortations to disregard domestic usurpation, until foreign danger shall have passed, is an artifice which may be forever used; because the possessors of power, who are the advocates for its extension, can ever create national embarrassments, to be successively employed to soothe the people into sleep, whilst that power is swelling, silently, secretly, and fatally. Of the same character are insinuations of a foreign influence, which seize upon a laudable enthusiasm against danger from abroad, and distort it by an unnatural application, so as to blind your eyes against danger at home.

The sedition act presents a scene which was never expected by the early friends of the Constitution. It was then admitted that the State sovereignties were only diminished by powers specifically enumerated, or necessary to carry the specified powers into effect. Now, Federal authority is deduced from implication; and from the existence of State law, it is inferred that Congress possess a similar power of legislation; whence Congress will be endowed with a power of legislation in all cases whatsoever, and the States will be stripped of every right reserved, by the concurrent claims of a paramount Legislature.

The sedition act is the offspring of these tremendous pretensions, which inflict a death-wound on the sovereignty of the States.

For the honor of American understanding, we will not believe that the people have been allured into the adoption of the Constitution by an affectation of defining powers, whilst the Preamble would admit a construction which would erect the will of Congress into a power paramount in all cases, and therefore limited in none. On the contrary, it is evident that the objects for which the Constitution was formed were deemed attainable only by a particular enumeration and specification of each power granted to the Federal Government; reserving all others to the people, or to the States. And yet it is in vain we search for any specified power embracing the right of legislation against the freedom of the press.

Had the States been despoiled of their sovereignty by the generality of the preamble, and had the Federal Government been endowed with whatever they should judge to be instrumental towards union, justice, tranquility, common defense, general welfare, and the preservation of liberty, nothing could have been more frivolous than an enumeration of powers.

It is vicious in the extreme to calumniate meritorious public servants; but it is both artful and vicious to arouse the public indignation against calumny in order to conceal usurpation. Calumny is forbidden by the laws, usurpation by the Constitution. Calumny injures individuals, usurpation, States. Calumny may be redressed by the common judicatures; usurpation can only be controlled by the act of society. Ought usurpation, which is most mischievous, to be rendered less hateful by calumny, which, though injurious, is in a degree less pernicious? But the laws for the correction of calumny were not defective. Every libelous writing or expression might receive its punishment in the State courts, from juries summoned by an officer, who does not receive his appointment from the President, and is under no influence to court the pleasure of Government, whether it injured public officers or private citizens. Nor is there any distinction in the Constitution empowering Congress exclusively to punish calumny directed against an officer of the General Government; so that a construction assuming the power of protecting the reputation of a citizen officer will extend to the case of any other citizen, and open to Congress a right of legislation in every conceivable case which can arise between individuals.

In answer to this, it is urged that every Government possesses an inherent power of self-preservation, entitling it to do whatever it shall judge necessary for that purpose.

This is a repetition of the doctrine of implication and expediency in different language, and admits of a similar and decisive answer, namely, that as the powers of Congress are defined, powers inherent, implied, or expedient, are obviously the creatures of ambition; because the care expended in defining powers would otherwise have been superfluous. Powers extracted from such sources will be indefinitely multiplied by the aid of armies and patronage, which, with the impossibility of controlling them by any demarcation, would presently terminate reasoning, and ultimately swallow up the State sovereignties.

So insatiable is a love of power that it has resorted to a distinction between the freedom and licentiousness of the press for the purpose of converting the third amendment of the Constitution, which was dictated by the most lively anxiety to preserve that freedom, into an instrument for abridging it. Thus usurpation even justifies itself by a precaution against usurpation; and thus an amendment universally designed to quiet every fear is adduced as the source of an act which has produced general terror and alarm.

The distinction between liberty and licentiousness is still a repetition of the Protean doctrine of implication, which is ever ready to work its ends by varying its shape. By its help, the judge as to what is licentious may escape through any constitutional restriction. Under it men of a particular religious opinion might be excluded from office, because such exclusion would not amount to an establishment of religion, and because it might be said that their opinions are licentious. And under it Congress might denominate a religion to be heretical and licentious, and proceed to its suppression. Remember that precedents once established are so much positive power; and that the nation which reposes on the pillow of political confidence, will sooner or later end its political existence in a deadly lethargy. Remember, also, that it is to the press mankind are indebted for having dispelled the clouds which long encompassed religion, for disclosing her genuine luster, and disseminating her salutary doctrines.

The sophistry of a distinction between the liberty and the licentiousness of the press is so forcibly exposed in a late memorial from our late envoys to the Minister of the French Republic, that we here present it to you in their own words:

“The genius of the Constitution, and the opinion of the people of the United States, cannot be overruled by those who administer the Government. Among those principles deemed sacred in America, among those sacred rights considered as forming the bulwark of their liberty, which the Government contemplates with awful reverence and would approach only with the most cautious circumspection, there is no one of which the importance is more deeply impressed on the public mind than the liberty of the press. That this liberty is often carried to excess; that it has sometimes degenerated into licentiousness, is seen and lamented, but the remedy has not yet been discovered. Perhaps it is an evil inseparable from the good with which it is allied; perhaps it is a shoot which cannot be stripped from the stalk without wounding vitally the plant from which it is torn. However desirable those measures might be which might correct without enslaving the press, they have never yet been devised in America. No regulations exist which enable the Government to suppress whatever calumnies or invectives any individual may choose to offer to the public eye, or to punish such calumnies and invectives otherwise than by a legal prosecution in courts which are alike open to all who consider themselves as injured.”

As if we were bound to look for security from the personal probity of Congress amidst the frailties of man, and not from the barriers of the Constitution, it has been urged that the accused under the sedition act is allowed to prove the truth of the charge. This argument will not for a moment disguise the unconstitutionality of the act, if it be recollected that opinions as well as facts are made punishable, and that the truth of an opinion is not susceptible of proof. By subjecting the truth of opinion to the regulation, fine, and imprisonment, to be inflicted by those who are of a different opinion, the free range of the human mind is injuriously restrained. The sacred obligations of religion flow from the due exercise of opinion, in the solemn discharge of which man is accountable to his God alone; yet, under this precedent the truth of religion itself may be ascertained, and its pretended licentiousness punished by a jury of a different creed from that held by the person accused. This law, then, commits the double sacrilege of arresting reason in her progress towards perfection, and of placing in a state of danger the free exercise of religious opinions. But where does the Constitution allow Congress to create crimes and inflict punishment, provided they allow the accused to exhibit evidence in his defense? This doctrine, united with the assertion, that sedition is a common law offence, and therefore within the correcting power of Congress, opens at once the hideous volumes of penal law, and turns loose upon us the utmost invention of insatiable malice and ambition, which, in all ages, have debauched morals, depressed liberty, shackled religion, supported despotism, and deluged the scaffold with blood.

All the preceding arguments, arising from a deficiency of constitutional power in Congress, apply to the alien act; and this act is liable to other objections peculiar to itself. If a suspicion that aliens are dangerous constitute the justification of that power exercised over them by Congress, then a. similar suspicion will justify the exercise of a similar power over natives; because there is nothing in the Constitution distinguishing between the power of a State to permit the residence of natives and of aliens. It is, therefore, a right originally possessed, and never surrendered, by the respective States, and which is rendered dear and valuable to Virginia, because it is assailed through the bosom of the Constitution, and because her peculiar situation renders the easy admission of artisans and laborers an interest of vast importance.

But this bill contains other features, still more alarming and dangerous. It dispenses with the trial by jury; it violates the judicial system; it confounds legislative, executive, and judicial powers; it punishes without trial; and it bestows upon the President despotic power over a numerous class of men. Are such measures consistent with our constitutional principles? And will an accumulation of power so extensive in the hands of the Executive, over aliens, secure to natives the blessings of republican liberty?

If measures can mold governments, and if an uncontrolled power of construction is surrendered to those who administer them, their progress may be easily foreseen, and their end easily foretold. A lover of monarchy, who opens the treasures of corruption by distributing emolument among devoted partisans, may at the same time be approaching his object and deluding the people with professions of republicanism. He may confound monarchy and republicanism, by the art of definition. He may varnish over the dexterity which ambition never fails to display, with the pliancy of language, the seduction of expediency, or the prejudices of the times; and he may come at length to avow that so extensive a territory as that of the United States can only be governed by the energies of monarchy; that it cannot be defended, except by standing armies; and that it cannot be united except by consolidation.

Measures have already been adopted which may lead to these consequences. They consist—

In fiscal systems and arrangements, which keep a host of commercial and wealthy individuals embodied, and obedient to the mandates of the treasury.

In armies and navies, which will, on the one hand, enlist the tendency of man to pay homage to his fellow-creature who can feed or honor him; and on the other, employ the principle of fear, by punishing imaginary insurrections, under the pretext of preventive justice.

In the extensive establishment of a volunteer militia, rallied together by a political creed, armed and officered by executive power, so as to deprive the States of their constitutional right to appoint militia officers, and to place the great bulk of the people in a defenseless situation.

In swarms of officers, civil and military, who can inculcate political tenets tending to consolidation and monarchy both by indulgencies and severities; and can act as spies over the free exercise of human reason.

In destroying, by the sedition act, the responsibility of public servants and public measures to the people, thus retrograding towards the exploded doctrine “ that the administrators of the Government are the masters, and not the servants, of the people,” and exposing America, which acquired the honor of taking the lead among nations towards perfecting political principles, to the disgrace of returning first to ancient ignorance and barbarism.

In exercising a power of depriving apportion of the people of that representation in Congress bestowed by the Constitution.

In the adoration and efforts of some known to be rooted in enmity to Republican Government, applauding and supporting measures by every contrivance calculated to take advantage of the public confidence, which is allowed to be ingenious, but will be fatally injurious.

In transferring to the Executive important legislative powers; particularly the power of raising armies, and borrowing money without limitation of interest.

In restraining the freedom of the press, and investing the Executive with legislative, executive, and judicial powers, over a numerous body of men.

And, that we may shorten the catalog, in establishing, by successive precedents, such a mode of construing the Constitution as will rapidly remove every restraint upon Federal power.

Let history be consulted; let the man of experience reflect: nay, let the artificers of monarchy be asked what further materials they can need for building up their favorite system.

These are solemn but painful truths; and yet we recommend it to you not to forget the possibility of danger from without, although danger threatens us from within. Usurpation is indeed dreadful; but against foreign invasion, if that should happen, let us rise with hearts and hands united, and repel the attack with the zeal of freemen who will strengthen their title to examine and correct domestic measures, by having defended their country against foreign aggression.

Pledged as we are, fellow-citizens, to these sacred engagements, we yet humbly and fervently implore the Almighty Disposer of events to avert from our land war and usurpation, the scourges of mankind; to permit our fields to be cultivated in peace; to instill into nations the love of friendly intercourse; to suffer our youth to be educated in virtue, and to preserve our morality from the pollution invariably incident to habits of war; to prevent the laborer and husbandman from being harassed by taxes and imposts; to remove from ambition the means of disturbing the commonwealth; to annihilate all pretexts for power afforded by war; to maintain the Constitution; and to bless our nation with tranquility, under whose benign influence we may reach the summit of happiness and glory, to which we are destined by nature and nature’s God.

Attest: JOHN STEWART, C. H. D. 1799, January 23. Agreed to by the Senate. H. BROOKE, C. S.

A true copy from the original deposited in the office of the General Assembly. JOHN STEWART, Keeper of Rolls.

Copyright © 2010 – 2015 TeaPartyEdu http://teapartyedu.net Foundation Truths http://captainjamesdavis.net The Patriot Brotherhood @CaptainJDavis ™

Thomas Jefferson Constitutional Powers Usurped by the Supreme Court

Thomas Jefferson Supreme Court Usurpation of Power (Click to enlarge)

Thomas Jefferson Supreme Court Usurpation of Power (Click to enlarge)

For anyone who doesn’t know the Supreme Court itself in the United States has become Unconstitutional, from ruling things Constitutional that are anything but, to assuming powers not delegated to it by the Federal Constitution, nor intended for it by the Framers. Wake up people! The House of Representatives in Congress are the People’s Power in the Federal Government. The Senate and Senators represent their respective states and the interest of those states. When you let the Executive or Senate Encroach you nullify that Power. The People’s Power: One of the House of Representatives Powers is of the Purse i.e. Funding or Defunding those things the Executive branch puts forth. People you’re letting the Media con you into thinking a government shut down because of funding disputes is a bad thing. The people are the real power in the United States, we are the final arbitrators of the Constitution. If we find the things the Executive, Legislative or Judicial powers of the United States are doing to be Unconstitutional, we can view them as null and void ourselves. We don’t need the Supreme Court to rule them Unconstitutional.  The Constitution begins with:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

It does not say We the Executive, We the Legislature, or We the Judiciary, it says WE THE PEOPLE!

“All power is originally vested in, and consequently derived from, the people. That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty and the right of acquiring property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their government whenever it be found adverse or inadequate to the purpose of its institution.” ~ James Madison; June 8, 1789

 

Article IX of the Constitution says: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Article X says: “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.”

In a letter to Mr. M. M. Coray, under date of October 21, 1823, Thomas Jefferson said:

At the establishment of our Constitution the judiciary bodies were supposed to be the most helpless and harmless members of the Government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a free hold and irresponsibility in office; that their decisions, seeming to concern individual suitors, only passed silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping by little and little the foundations of the Constitution and working its change by construction before any has perceived that that invisible and helpless worm had been visibly employed in consuming its substance.

“Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the Federal Government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law. Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the Judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us then go on perfecting it, by adding, by way of amendment to the Constitution those powers which time and trial show are still wanting.”Thomas Jefferson to Wilson C. Nicholas,Writings of Jefferson, Paul L. Ford Ed., viii. 247. (Monticello, Sep. 1803.)

Thomas Jefferson in a letter to Judge Roane

Popular Forest, September 6, 1819.

Dear Sir,—I had read in the Enquirer, and with great approbation, the pieces signed Hampden, and have read them again with redoubled approbation, in the copies you have been so kind as to send me. I subscribe to every title of them. They contain the true principles of the revolution of 1800, for that was as real a revolution in the principles of our government as that of 1776 was in its form ; not effected indeed by the sword, as that, but by the rational and peaceable instrument of reform, the suffrage of the people. The nation declared its will by dismissing functionaries of one principle, and electing those of another, in the two branches, executive and legislative, submitted to their election. Over the judiciary department, the constitution had deprived them of their control. That, therefore, has continued the reprobated system, and although new matter has been occasionally incorporated into the old, yet the leaven of the old mass seems to assimilate to itself the new, and after twenty years’ confirmation of the federated system by the voice of the nation, declared through the medium of elections, we find the judiciary on every occasion, still driving us into consolidation.

In denying the right they [the Supreme Court] usurp [comandeer; take a position of power or importance illegally or by force] of exclusively explaining the constitution, I go further than you do, if I understand rightly your quotation from the Federalist, of an opinion that ” the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.” If this opinion be sound, then indeed is our constitution a complete felo de se [one who commits suicide or who dies from the effects of having committed an unlawful malicious act: an act of deliberate self-destruction.]. For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow; that such opinions as the one you combat, sent cautiously out, as you observe also, by detachment, not belonging to the case often, but sought for out of it, as if to rally the public opinion beforehand to their views, and to indicate the line they are to walk in, have been so quietly passed over as never to have excited animadversion, even in a speech of any one of the body entrusted with impeachment. The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also ; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law. My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action ; and especially, where it is to act ultimately and without appeal. I will explain myself by examples, which, having occurred while I was in office, are better known to me, and the principles which governed them.

Thomas Jefferson: Confidence in Government (Click to enlarge)

Thomas Jefferson: Confidence in Government; Sedition Act (Click to enlarge)

A legislature had passed the sedition law. The federal courts had subjected certain individuals to its penalties of fine and imprisonment. On coming into office, I released these individuals by the power of pardon committed to executive discretion, which could never be more properly exercised than where citizens were suffering without the authority of law, or, which was equivalent, under a law unauthorized by the constitution, and therefore null. In the case of Marbury and Madison, the federal judges declared that commissions, signed and sealed by the President, were valid, although not delivered. I deemed delivery essential to complete a deed, which, as long as it remains in the hands of the party, is as yet no need, it is in posse [what is possible] only, but not in esse [what is real], and I withheld delivery of the commissions. They cannot issue a mandamus [“writ of mandate” which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do] to the President or legislature, or to any of their officers. [The constitution controlling the common law in this particular.]

When the British treaty arrived, without any provision against the impressments [recruitment by force] of our seamen, I determined not to ratify it. The Senate thought I should ask their advice. I thought that would be a mockery of them, when I was predetermined against following it, should they advise its ratification. The constitution had made their advice necessary to confirm a treaty, but not to reject it. This has been blamed by some; but I have never doubted its soundness. In the cases of two persons, antenati [ancestors], under exactly similar circumstances, the federal court had determined that one of them (Duane) was not a citizen; the House of Representatives nevertheless determined that the other (Smith, of South Carolina) was a citizen, and admitted him to his seat in their body. Duane was a republican, and Smith a federalist, and these decisions were made during the federal ascendancy.

These are examples of my position, that each of the three departments has equally the right to decide for itself what is its duty under the constitution, without any regard to what the others may have decided for themselves under a similar question. But you intimate a wish that my opinion should be known on this subject. No, dear Sir, I withdraw from all contests of opinion, and resign everything cheerfully to the generation now in place. They are wiser than we were, and their successors will be wiser than they, from the progressive advance of science. Tranquillity is the summum bonum [the highest good] of age. I wish, therefore, to offend no man’s opinion, nor to draw disquieting animadversions [criticism or censure] on my own. While duty required it, I met opposition with a firm and fearless step. But loving mankind in my individual relations with them, I pray to be permitted to depart in their peace; and like the superannuated [old fashioned, out of date] soldier, “quadragenis stipendiis emeritus”[not sure on translation: “After forty serving their terms, retire”] to hang my arms on the post. I have unwisely, I fear, embarked in an enterprise of great public concern, but not to be accomplished within my term, without their liberal and prompt support. A severe illness the last year, and another from which I am just emerged, admonish me that repetitions may be expected, against which a declining frame cannot long bear up. I am anxious, therefore, to get our University so far advanced as may encourage the public to persevere to its final accomplishment. That secured, I shall sing my nunc demittis [the prayer of Simeon in Luke 2:29–32]. I hope your labors will be long continued in the spirit in which they have always been exercised, in maintenance of those principles on which I verily believe the future happiness of our country essentially depends. I salute you with affectionate and great respect.

In a letter to Thomas Ritchie, under date of December 25, 1820, Mr. Jefferson said: “But it is not from this branch of government [the House of Representatives] we have most to fear. Taxes and short elections will keep them right.

“The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine the foundations of our constitutional fabric. They are construing our Constitution from a coordination of a general [federal] and special [local] government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, ‘Boni judicis est ampliare jurisdictionem.’ [‘it is the duty of a good judge to enlarge his jurisdiction.’ It denotes that a good judge’s duty is to amplify the remedies of the law] We shall see if they are bold enough to take the daring strides these five lawyers (judges) have lately taken. Having found from experience that impeachment is an impracticable thing, a mere scarecrow, they consider themselves secure for life; they skulk for responsibility to public opinion, the only remaining hold upon them, under a practice first introduced into England by Lord Mansfield. An opinion is huddled up in conclave (perhaps by a majority of one), delivered as if unanimous, and with the silent acquiescence of lazy or timid associates by a crafty chief judge (Marshall), who sophisticates the law to his mind by the turn of his own reasoning. A judiciary law was once reported by the Attorney General to Congress requiring each judge to deliver his opinion seriatim and openly, and then to give it in writing to the clerk to be entered on the record. A judiciary independent of a king or executive alone is a good thing, but independence of the will of the nation is a solecism, at least in a republican government.”

In a letter to Archibald Thweat. under date of January 19, 1821, Mr. Jefferson further said:

I am sensible of the inroads daily making by the Federal into the jurisdiction of its coordinate associates, the State governments. The legislative and executive branches may sometime err, but elections and dependents will bring them to rights. The judiciary branch is the instrument which, working like gravity, without intermission, is to press us at last into one consolidated mass. Against this I know no one who, equally with Judge Roane himself, possesses the power and the courage to make resistance, and to him I look and have long looked as our strongest bulwark. If Congress fails to shield the States from danger so palpable and so imminent, the States must shield themselves, and meet the invader foot to foot.

In a letter to Mr. C. Hammond, under date of August 18, 1821, Mr. Jefferson declared:

“It has long, however, been my opinion, and I have never shrunk from its expression, that the germ of dissolution of our Federal Government is in the constitution of the Federal judiciary, an irresponsible body, working like gravity by night and by day, gaining a little to-day and a little to-morrow, and advancing its noiseless steps like a thief over the field of jurisdiction, until all shall be usurped from the States and the government of all be consolidated into one. To this I am opposed, because when all governments, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the check provided of one government on another, and will become as venal and oppressive as the Government from which we separated. It will be as in Europe, where every man must either be pike or gudgeon, hammer or anvil. Our functionaries and theirs are wares from the same workshop, made of the same material and by the same hand. If the States look with apathy on this silent descent of their Government into the gulf which is to swallow all, we have only to weep over the human character formed uncontrollable but by a rod of iron, and the blasphemers of man as incapable of self-government become his true historians.”

In a letter to Colonel Nicholas, under date of December 11, 1821, Mr. Jefferson said:

“I fear, dear sir, we are now in such another crisis, with this difference only, that the judiciary branch is alone and single handed in the present assaults on the Constitution. But its assaults are more sure and deadly as from an agent seemingly passive and unassuming. May you and your contemporaries meet them with the same determination and effect that your father and his did the alien and sedition laws, and preserve inviolate a Constitution which, cherished in all its chastity and purity, will prove in the end a blessing to all the nations of the earth.”

In a letter to William T. Barry, under date of July 2, 1822, Mr. Jefferson said:

“We already see the power installed for life, responsible to no authority, advancing with a noiseless and steady pace to the great object of consolidation. The foundations are already deeply laid by their decisions for the annihilation of constitutional States’ rights and the removal of every check, every counterpoise, to the engulfing power of which themselves are to make a sovereign part. If ever this vast country is brought under a single government, it will be one of the most extensive corruptions, indifferent and incapable of a wholesome care over so wide a spread of surface. This will not be borne, and you will have to choose between reformation and revolution. If I know the spirit of this country, the one or the other is inevitable. Before the canker is become inveterate, before its venom has reached so much of the body politic as to get beyond control, remedy should be applied. Let the future appointment of judges be for four or six years, and renewable by the President and Senate. This will bring their conduct at regular periods under revision and probation, and may keep them in equipoise between the general and special government. We have erred in this point by copying England, where certainly it is a good thing to have the judges independent of the King. But we have omitted to copy their caution, also, which makes a judge removable on the address of both legislative houses. That there should be public functionaries independent of the nation, whatever be their demerit, is a solecism in a republic of the first order of absurdity and inconsistency.”

In a letter to Judge Johnson, under the date of March 4, 1823, Mr. Jefferson said:

“I can not lay down my pen without recurring to one of the subjects of my former letter, for in truth there is no danger I apprehend so much as the consolidation of our Government by the noiseless and therefore unalarming instrumentality of the Supreme Court. * * * For in truth there is at this time more hostility to the Federal judiciary than any other organ of the Government.”

In a letter to Edward Livingston, under date of March 25, 1825, Mr. Jefferson wrote:

“Time and changes in the condition and constitution of society may require occasional and corresponding modifications. One single object, if your provision attains it, will entitle you to the endless gratitude of society, that of restraining judges from usurping legislation. And with no body of men is this restraint more wanting than with the judges of what is commonly called our General [Federal] Government, but what I call our foreign department. They are practicing on the Constitution by inferences, analogies, and sophisms [a fallacious argument, especially one used deliberately to deceive] as they would an ordinary law. They do not seem aware that it is not even a Constitution formed by a single authority, and subject to a single superintendence and control, but that it is a compact of many independent powers every single one of which claims an equal right to understand it and to require its observance. However strong the cord of compact may be, there is a point of tension at which it will break. A few such doctrinal decisions as barefaced as that of the Cohens happening to bear immediately on two or three of the large States may induce them to join in arresting the march of Government and in arousing the co-States to pay some attention to what is passing to bring bark the compact to its original principles or to modify it legitimately by the expressed consent of the parties themselves, and not by the usurpation of their created agents. They imagine they can lead us into a consolidate government, while their road leads directly to dissolution. This member of the Government was at first considered as the most harmless and helpless of all its organs, but it has proved that the power of declaring what the law is ad libitum [“at pleasure” or at the discretion of the performer] by sapping and mining slyly and without alarm the foundations of the Constitution can do what open force would not dare to attempt.”

These opinions and warnings of Jefferson are very pertinent at this time. The pity is that all have not paid heed to them for the past half a century. Now, let us see what another great expounder of the Constitution has said. In a speech at Fort Hill, July 26, 1831, Mr. Calhoun said:

“No one has been so hardy as to assert that Congress or the President ought to have the right or to deny that if vested finally and exclusively in either, the consequences which I have stated would not necessarily follow; but its advocates have been reconciled to the doctrine on the supposition that there is one department of the General Government which, from its peculiar organization, affords an independent tribunal through which the Government may exercise the high authority which is the subject of consideration with perfect safety to all. I yield, I trust, so few in my attachment to the judiciary department. I am fully sensible of its importance and would maintain it to the fullest extent in its constitutional powers and independence, but it is impossible for me to believe that it was ever intended by the Constitution that it should exercise the power in question, or that it is competent to do so, and if it were it would be a safe depository of the power. Its powers are judicial and not political, and are expressly confined by the Constitution to all cases in law and equity arising under this Constitution, the laws of the United States, and the treaties made or which shall be made under its authority, and which I have high authority in asserting excludes political questions and comprehends those only where there are parties amenable to the process of the court.”

Governor Pingree, of Michigan, expressed himself in these words:

* * * I consider government by injunction, unless stopped, the beginning of the end of liberty. Tyranny on the bench is as objectionable as tyranny on the throne. It is even more dangerous, because judges claim immunity from criticism, and foolish people acquiesce in their claims. To enjoin people from assembling peaceably to discuss their wrongs is a violation of first principles. * * * (Railroad Trainmen’s Journal for September, 1897, p. 832.)

Sources: The Jeffersonian Cyclopedia: A Comprehensive Collection of the Views of Thomas Jefferson by Thomas Jefferson
The Life and Writings of Thomas Jefferson Including all his most important public utterances on Public Questions by Samuel Eagle Forman
Hearing Before the Committee on the Judiciary of the House of Representatives by House of Representatives, Committee on the Judiciary

Copyright © 2014 © 2015 TeaPartyEdu http://teapartyedu.net Foundation Truths http://captainjamesdavis.net The Patriot Brotherhood @CaptainJDavis ™

The Greatest Domestic Terrorist Organization in America is the Federal Government

EdmundBurkeQuotesDemocrats

“On every unauthoritative exercise of power by the legislature must the people rise in rebellion or their silence be construed into a surrender of that power.” ~ Thomas Jefferson

The federal government has become the greatest domestic terrorist organization, and the greatest threat to peace and happiness in America. The continuing slide towards a police state we see in America today, is on a trajectory that cannot be sustained for long among a free people. With the militarization of the various governmental agencies in the federal government and the nations police forces, it should be obvious to anyone the federal government has ceased to work for the best interests of the citizenry or the nation.

It should be noted the Nazi’s and Third Reich in Germany rose to power because the German people were more concerned about the economy than they were about anything else. Just as we see in America today, people only care about politics and what the government is doing when it affects their pocket books. People need to wake up and look to the history of the world, to learn what is possible and how to avoid the mistakes of the past in made in other parts of the world as well as our own.

1stAmendmentArea

"Whoever would overthrow the liberty of a nation must begin 
by subduing the freeness of speech." Benjamin Franklin 
Written when he was 16.

When you have instances where a tortoise takes precedent over American lives and lively hoods, it is unsustainable against the bulwark of our freedoms. There are many instances like this, including but not limited to:

Federal EPA i.e. Environmental Propaganda Agency now claims it can garnish the wages of individual Americans, families, homeowners, etc. who they deem are violating EPA rules and regulations. No judge needed, no court approval or oversight, they can do it just like the IRS. This is what you call tyranny, the acts of our current federal government are in many ways much more egregious than those acts of King George III, whom the colonial Americans fought against for Independence in the Revolutionary War.

Farmers in California being denied the water they need to grow produce for the nation because of a smelt. Ranchers in various parts of the country being denied the right to graze their cattle on public lands, or being fined for cleaning out a water course to allow for the free flow of water. Builders being denied the right to build what they choose to build, on land they own. Home owners being denied the right to even catch rain in a barrel that flows from the roof of the houses they own. It is nothing short of tyranny designed to cause terror among the domestic population and is therefore domestic terrorism.

When you have a pipeline that would benefit the nation and citizenry being denied the needed permits through numerous studies, studies that find no harm would come from the same, yet the federal government through it’s domestic terrorist arm the EPA continues to deny the permits. When this same government imposes regulations that are so egregious they cause numerous business and job losses in coal country. It is nothing short of domestic terror and government abuse of the citizenry.

When you have the IRS, FEC, OSHA, FBI, DoJ, BLM, DHS and numerous other domestic terrorist agencies of the federal government targeting their political opponents. When you have the NSA doing nonstop surveillance and spying on the American people. It is nothing short of domestic terror, and designed to cause fear among the citizenry.

When you have members of the Government Oversight Committee coordinating with the IRS and other agencies in that same targeting of conservative groups, and other members of Congress and the Whitehouse calling on the IRS to do that targeting. It is nothing short of domestic terror and designed to cause a chilling effect on those who would speak against them.

When you have the Whitehouse take punitive measures against the American people during the most recent government shutdown: i.e. Closing the WWII Memorial to veterans, the ocean to fisherman, highway scenic overlooks, and the national parks to the American public who paid for those parks with their tax dollars and numerous other punitive and adolescent measures designed to make the American people call on Congress to cave to the Whitehouse demands. It is nothing short of domestic terror and reflect more the actions of a third world dictator, than those of an American president who should reflect the values of the American citizenry.

DanielWebsterQuotesPatriotism

When you have members of the TSA, created by the George W. Bush administration; committing lewd and lascivious sexual acts on the general public and given sanction to do so by the federal government. It is nothing short of domestic terror and designed to condition the citizenry to surrender more and more of their liberties under the guise of protecting them.

When you have a federal government, who will turn the full weight of it’s power against the citizens, and do nothing about the influx of law breakers through our porous southern border. It is indeed nothing short of terror and has no place in America, the Land of the Free.

When The same federal government kills cattle because a rancher loses his appeals to the federal courts that are stacked against him and doesn’t pay the fines imposed upon him. This same government refuses to pay the millions awarded to another rancher (Wayne Hage) who took it upon himself to learn the law because of his fathers 20 year dispute with the federal government, and in so doing allowed him to prevail in his legal disputes against that same government, it is nothing short of domestic government tyranny and abuse of power.

When you have the federal government printing and pumping money into the stock market to buoy the numbers so the economy seems to be doing better than we average American’s know it to be. When the actions of the federal governmental policies devaluing the dollar to such an extent it causes prices, not only on luxuries to skyrocket, but also the basic staples and needs of human life, such as groceries, electricity, and fuel to double and triple in the years since Obama became president, it is nothing short of domestic terror, which does only harm to the tranquility and peace of the citizenry.

When you have the Massachusetts Department of Children and Families team up with Boston Children’s Hospital to kidnap a child from Connecticut and keep her from her family as they did, and continue to do with Justina Pelletier, and the court imposes a gag order to keep the Pelletier from speaking about it. That is not indicative of American values, those are more like tactics of a despot who denies the rights of parents and families,  It is nothing short of government abuse of power and domestic terror. It is also an indication of what America has in store for her with Obamacare, since Obamacare was designed by the same people who designed the Massachusetts healthcare system.

EdmundBurkeQuotesLibertyCorruption

I could spend all day making a list and providing links to various instances of domestic terror by the federal government, however I think enough Americans are beginning to see them in their personal lives that I do not need to do so.

It is indeed time for the nation to stand up against the biggest bullies in America and take back our country from the federal government and the people who support this same tyrannical terroristic organization. Congress is not blameless in this growing domestic terrorism by the government. For it was they who created the monster, and it is they who can pass legislation or resend legislation that has led to the abuse by the monster they created. It would be wise from what we are seeing today for the House of Representatives and the United States Senate to fix the alphabet agency soup they created before the people rise up against the same; due to the lack of action on the part of Congress, the Supreme Court and the President to reign in the government we pay for through our tax dollars.

I encourage and invite you all to add to the list in the comments below…

One last message before I sign off: Attention Government Employees and Officials: YOU are our hirelings, servants, and employees, NOT our parents, rulers, or lords and We the people are NOT your Customers!

We the People are the Ruler’s in America! We the People ARE the Last Word, NOT the Legislator, NOT the Supreme Court, NOT the President. When We Stand Together, our Hirelings have no choice but to Listen!

“The government is merely a servant―merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn’t. Its function is to obey orders, not originate them.” ~ Mark Twain

UPDATE: Harry Reid doesn’t want Americans to get away with breaking laws, but if illegal aliens break the law; he gives them citizenship! Forget about the GOP’s so called war on women, so-called by democrats to distract. Think of the federal governments war on us ALL!

Also see:What Measures are actually taken by wicked and desperate Ministers to ruin and enslave their Country
Freedom of Speech the Same is Inseparable From Public Liberty: Cato Letter No. 15
Of Rebellion: Observations on the Boston Port-Bill by John Q. Adams 1774
Extract from Hyperion by “The Patriot” Josiah Quincy Jr., 1768
Appeal to the People Concerning the Heavy Hand of Government
The Reason Behind Low Congressional Approval Ratings “Far Too Long”
The Democrats Assault on the First Amendment in America
Sensible According to the Democrats
A System That Breeds Contempt In Its Children
The Consequence of Bad Legal Precedent in American Legislation
The Powers of Congress; House of Representatives and the Senate: Constitution Article I
The Powers of the Executive Branch i.e. the President: Constitution Article II
Weird Weather in the United States evidence of Climate Change?
A WARNING TO AMERICANS by John Dickinson 1732-1808
GRIEVANCES OF THE COLONISTS TO THE BRITISH GOVERNMENT by Richard Henry Lee 1775

Oversight Committees IRS Targeting Investigation Malfeasance

No wonder Democrat Minority Leader (Rep Elijah Cummings) in the House Oversight Committee Has Fought So Hard and Viciously to Impede the Oversights Committees Investigation into the IRS Targeting Tea Party, Religious, Jewish, and Conservative Organizations.

IRS“House Oversight and Government Reform Committee Chairman Darrell E. Issa on Wednesday accused his Democratic counterpart, Rep. Elijah E. Cummings, of colluding with the IRS to attack one of the tea party groups that was targeted by the tax agency for intrusive scrutiny and long delays.

Mr. Issa and five other top Republicans said they just last week were given emails showing Mr. Cummings sought information from the IRS about True the Vote, a conservative tax-exempt organization that drew the ire of liberals for pushing states to eliminate potentially bogus names from their voter rolls.”

Read more: http://www.washingtontimes.com/news/2014/apr/9/issa-irs-coordinated-dems-attack-tea-party-group/

Keep in mind North Carolina officials found over 36,000 cases of Voter Fraud just in their State during the 2012 election cycle. This should be one of the Greatest Crimes in America. Dealt the most severe punishment for it undermines the very bedrock of our Republic. When a person commits voter fraud, they are not only robbing each individual who votes, they are robbing our Republic of the very democratic principles of its founding.

Excerpt from page two of above linked story: “Sixty years ago, Joe McCarthy tried — and failed — to hold an American citizen in contempt after she professed her innocence and asserted her rights under the Fifth Amendment. I reject Chairman Issa’s attempts to re-create our committee in Joe McCarthy’s image, and I object to his effort to drag us back to that shameful era in which Congress tried to strip away the constitutional rights of American citizens under the bright lights of hearings that had nothing to do with responsible oversight and everything to do with the most dishonorable kind of partisan politics,” Mr. Cummings said.

This is pretty rich coming from Cummings who has done everything he can to impede the Oversights committees investigation into the IRS stripping away True American Citizens Rights. A government employee is the government, they are not an American citizen. If an American business person gives up their Constitutional Rights when entering into public commerce, then an American who enters into public service give up those same rights when entering that same service!

Here are the documents about Democrat Rep Cummings’  interactions with the IRS about a targeted conservative organization: True The Vote

Keep in mind hundreds of Progressive, Liberal, Democrat 501c Organizations have been politically active for decades. See it was just fine with the Democrats when it was only their side who took advantage of these tax-exempt organizations. These include to name a few:
Fierce;
Moveon.org;
Voto Latino;
Labor Unions;
Planned Parenthood;
The Ruckus Society;
Brennan Center for Justice;
The New World Foundation;
Americans United for Change;
The Black Alliance for Just Immigration;
Women’s Action for New Directions (WAND);

It is only when organizations who are opposed to the Democrats and in fact to some extent the leadership in the GOP that the 501 organizations suddenly need revision and fixing by Congress to reign in their political activity. Democrats do this all the time, they create legislation they take advantage of, then when their opposition takes advantage of the same. They then want to revise those rules, or repeal the legislation to keep the opposition from doing the same. Democrats, liberals and progressives truly are the biggest hypocrites in America. Cummings at the very least should be removed from his duties as a member of the Committee on Oversight & Government Reform.

Here are just a few of those average hard working Americans targeted by the IRS

When Vain & Aspiring Men Possess the Highest Seats in Government by Samuel Adams

Samuel-AdamsSamuel Adams Letter to James Warren Philadelphia Oct 24 1780

MY DEAR SIR

I have not yet laid aside your Letter of the 17th of Septr which is the last I have been favord with from you. It ill becomes you, my Friend, to think of retiring into private Life, who can lay your hand on your heart, and say that in your publick Conduct your have in no Instance deviated from virtuous Principles. If ever the Time should come, when vain & aspiring Men shall possess the highest Seats in Government, our Country will stand in Need of its experiencd Patriots to prevent its Ruin. There may be more Danger of this, than some, even of our well disposd Citizens may imagine. If the People should grant their Suffrages to Men, only because they conceive them to have been Friends to the Country, without Regard to the necessary Qualifications for the Places they are to fill, the Administration of Government will become a mere Farce, and our pub-lick Affairs will never be put on the Footing of solid Security. We should inquire into the Tempers of Men, in order to form a Judgment in what Manner the publick Trusts to be reposed in them will be executed. You remember the Character of Pisistratus. He was a Citizen of Athens, supposd to have many excellent Qualities, but he had an insatiable Lust of Pre-eminence. Solon could discover his Vanity, but the People were blinded by a false Glare of Virtues and he was their Idol. Under Pretence of his having escaped imminent Danger from a violent Faction, and the further Insecurity of his Person he artfully obtaind a Guard of Soldiers, by which Means he possessd himself of the Citadel & usurpd the Government. But though he made himself Sovereign, & thus far overthrew the popular Election, the Historian tells us, “that he made no Change in the Magistracy or the Laws.—He was content that others should hold their Places according to the establishd Rules of the Constitution, so that he might continue Archon, independent of the Suffrages of the People. This he effected; for though several Attempts were made, to deprive him of the Sovereignty which he had so violently obtaind, he held it till his Death & left it to his Children.” Such was the Ambition of this Man, who indeed assumd the Government, and such were the Effects of it. Power is intoxicating; and Men legally vested with it, too often discover a Disposition to make an ill Use of it & an Unwillingness to part with it. HOW different was Pisistratus from that Roman Hero and Patriot Lucius Quinctius Cincinatus who, tho vested with the Authority of Dictator, was so moderate in his Desires of a Continuance of Power, that, having in six Weeks fulfilld the Purposes of his Appointment, he resignd the dangerous office, which he might have held till the Expiration of six Months.—When we formerly had weak and wicked Governors & Magistrates, it was our Misfortune; but for the future, while we enjoy and exercise the inestimable Right of chusing them ourselves, it will be our Disgrace. I hope our Countrymen will always keep a watchful Eye over the publick Conduct of those whom they exalt to Power, making at the same time every just Allowance for the Imperfections of human Nature; and I pray God we may never see Men filling the sacred Seats of Government, who are either wanting in adequate Abilities, or influencd by any Views Motives or Feelings seperate from the publick Welfare. [public Welfare = Public Good, i.e. Life, Liberty, Pursuit of Happiness]

Adieu.

Warren’s September 17 letter to Adams is in Warren-Adams Letters, 2:138-39

Bi-Partisanship It’s becoming more and more obvious that it is the government (both parties) against We The People.

Excerpt from letter by Samuel Adams to Eldridge Gerry Nov 27, 1780
“More in my Opinion, is necessary to be done, than conquering our British Enemies in order to establish the Liberties of our Country on a solid Basis. Human Nature, I am affraid, is too much debas’d to relish those Republican Principles, in which the new Government of the Common Wealth of Massachusetts appears to be founded. And may it not be added, that the former Government, I mean the last Charter, being calculated rather to make servile Men than free Citizens, the Minds of many of our Countrymen have been inurd to a cringing Obsequiousness [Full of or exhibiting servile compliance; fawning], too deeply wrought into Habit to be easily eradicated? Mankind is prone enough to political Idolatry. Such a temper is widely different from that reverence which every virtuous Citizen will show to the upright Magistrate. If my Fears on this Head are ill grounded, I hope I shall be excusd. They proceed from a cordial Affection for that Country to the Service of which I have devoted the greatest Part of my Life—May Heaven inspire the present Rulers with Wisdom & sound Understanding. In all Probability they will stamp the Character of the People. It is natural for sensible Observers to form an Estimate of the People from the Opinion they have of those whom they set up for their Legislators & Magistrates. And besides, if we look into the History of Governors, we shall find that their Principles & Manners have always had a mighty Influence on the People. Should Levity & Foppery(fn1) ever be the ruling Taste of the Great, the Body of the People would be in Danger of catching the Distemper, and the ridiculous Maxims of the one would become fashionable among the other. I pray God we may never be addicted to Vanity & the Folly of Parade! Pomp & Show serve very well to promote the Purposes of European & Asiatick grandeur, in Countries where the Mystery of Iniquity is carried to the highest Pitch, & Millions are tame enough to believe that they are born for no other Purpose than to be subservient to the capricious Will of a single Great Man or a few! It requires Council & sound Judgment to render our Country secure in a flourishing Condition.—If Men of Wisdom & Knowledge, of Moderation & Temperance, of Patience Fortitude & Perseverance, of Sobriety & true Republican Simplicity of Manners, of Zeal for the Honor of the Supreme Being & the Welfare of the Common Wealth—If Men possessd of these & other excellent Qualities are chosen to fill the Seats of Government we may expect that our Affairs will rest on a solid & permanent Foundation.”

(fn1)
Levity: means humor or frivolity, esp. the treatment of a serious matter with humor or in a manner lacking due respect.
Foppery: is a pejorative term describing a foolish man overly concerned with his appearance and clothes in 17th century England. Some of the very many similar alternative terms are: “coxcomb”, fribble, “popinjay” (meaning “parrot”), fashion-monger, and “ninny”. “Macaroni” was another term, of the 18th century, more specifically concerned with fashion. A modern-day fop may also be a reference to a foolish person who is overly concerned about his clothing and incapable of engaging in intellectual conversations, activities or thoughts.

See also:
Patrick Henry may well be proved a Prophet as well as a Statesman
The Importance of Free Speech and The Free Press in America
RIGHTS OF AMERICAN CITIZENS: Powers delegated to the State GovernmentsThe Doctrine of Fascism, Fascism Defined by Benito Mussolini