2011 IPR Winter Journal

http://www.pageturnpro.com/Indiana-Policy-Review-Foundation/20430-Winter-2011/index.html#1

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I wish I’d said that…

I read this column by Roger Roots some time ago (I’m guessing in November of 2008), and came across it again today.

It’s brilliant.  I can’t do better.  So in honor of Constitution Day, I’m reposting it:

http://rinf.com/alt-news/politics/constitutional-dead-letters/4851/

Published in: on September 17, 2009 at 6:06 pm  Leave a Comment  

Ma Hastim

I think that most of us, if we were to think about it and put it to words, would define “maturity” as a degree and kind of self-control, self-sufficiency, self-denial and self-sacrifice that just doesn’t exist among the immature.

Mature people don’t demand much from others, and rather contribute to their loved ones, their employers, and their world.  The most admirably mature people, no matter their status or circumstance, give more than they take.

Truly mature people not only do not need the involuntary-collectivist, nannied authoritarianism that now, unfortunately, exists everywhere on earth, but they also suffer in such a violent climate.

Mature people, I submit, do not exist in sufficient numbers to keep this nation alive.  We have devolved into a nation of prattling, squabbling, violent and ignorant children, and we are thereby almost surely doomed.  We’re blubbering, misbehaving, thoughtless, selfish children, practically begging for a good spanking, and we’re going to get it.

Have a nice day.

Oh, I dunno.  I suppose there is hope.  Immature people can grow up quickly after a good, hard, painful lesson.  And while you’d think we’ve had ample opportunity to wake up and smell pleurosis, we ain’t seen nothin’ yet.  We are about to get a real whuppin’.  …And from the worst sort of people.

It’s long been known that while the most stupid, inept criminals act alone, get caught and pay for their crimes, there exists a hierarchical law that determines what happens as a criminal learns his craft.

The somewhat better criminals form alliances and layers to both increase their takings, and shield themselves from getting caught.  Still more astute criminals organize into larger quasi government arrangements like the Mafia, Yakuza, Tong, Thugee and Medain.

I’m sure you can see where I’m heading with this.

Yes, the craftiest of the crafty crooks become politicians.  The worst crimes ever, like oppression, slavery, genocide and war, could only be perpetrated by the organized crime we call politics.

But let me be clear about something crucial.  By “politician,” I do not mean the people who win elections and get their affairs of state made gossip in daily papers.  You probably don’t know who’s really running the show here.  In all my years of examining politics from various and increasingly depressing angles, I believe I have met only one of the men who dwells (I did not say “lives” because the man is too evil to call living) behind the curtain.  And I’m sure he’s only a minor minion in our ever-ancient New World Order.

This corruption/theft/gambling/banking system, is, as Jefferson warned, worse than standing armies.  It’s taking us down hard very soon.  Maybe even as far as our oppression, slavery, genocide and war human default state will go.

I’ve tried to think of various schemes around this, and I’m not done trying.  My hope is fading, but it’s still there insomuch as I cannot let it die as long as I’m sending my children into my generation’s failures.

So, here’s my latest proposal:

I propose somebody (not me!) run for President of Texas.

Not Governor of Texas, not President of the USA…President of Texas.

I propose that the platform not be the amended-to-pointlessness Texas Constitution, but the Constitution for the United States of America.

The Texas Constitution provides all the grounds necessary.  Nullification and secession are the stated remedies for federal constitutional breach.  Yet the current Texas member-state Constitution becomes irrelevant in the event of this remedy.  So let’s bypass all the “constitutional convention” rot now circulating among the red herring patriots, since there are precious few in public office smart and/or wholesome enough to craft a sane constitution these days – and just use what’s proven to work better than anything else ever tried – the contract made by adults, for adults…the US Constitution.  This is still the shortest, tightest, best leash on governing power yet devised.

I believe that there are still a sufficient number of adults here that we can get this ball rolling.  We exist.  We need only a little chutzpa.

Let’s replace pride with humility and learn our lessons before the spanking.  Let’s grow past the child and into maturity to our mutual benefit.  Let’s grow up, OK?

Andy goes to the Lone Star State

¡Ya salgo para Houston!

Well, I never wanted to leave my Freedom Farm, but God has other things in mind for me.  As I can no longer stay in Indiana, I’ve flipped a coin (one with a secession-leaning state on either side).  So life is taking me and my little family to Houston, and the thing for me to do, is embrace it.

So, I’m renting the farm out – one trillion-fillion Federal Reserve dollars per month, Or Best Offer.  Actually, it’d be dirt cheap to the right person; I’m just trying to minimize my losses.  We’ll auction off a lot of stuff we’ve accumulated over the years.  We’ll sell all the animals we can sell, and then probably donate Doofus to science.* 

Anyway, we’ll sell down to our clothes and Bibles and head to the land of Ron Paul.

In some ways, nothing will change.  I’ll still be able to walk anywhere without being recognized.  I’ll still be toward the bottom of the peon, political-outsider, tax-serf class. 

Oh, and I’m still not giving up on Rule Of Law under existing constitutions, as written.

But some things will change a great deal.  I will miss all the friends I’ve made in Indiana.  I’ve made some very, very good friendships.  I hope y’all stay in touch.  Or maybe join me for the secession.  I don’t know if we’ll ever find a church like Bloomington RP, but I’m entrusting that one to God. 

I need to make a special thank you and farewell to the Indiana Libertarians.  I’m sorry I couldn’t make it to the convention this past weekend to accept the award you’d generously bestowed.  I will miss you all a great deal.  But more importantly, I’m not quitting – I’m only changing tactics and locations in the ongoing quest for Liberty and Justice for All.

While Southern Indiana summers are hot and humid, Houston does get even hotter.  And we’ve had remarkably few hurricanes in Indiana…  Yikes.  I will greatly miss the quiet, verdant beauty of our Freedom Farm…

Of course there’s Dr. No.  And I’ve been very encouraged by what I’ve seen of the Oath Keepers’ Texas connection.  I’m hoping that, while I’ll not run for public office again, I’ll be more effective, and in a better context, in my struggles for right and truth.

Doggone it; I’ve been a Hoosier (whatever that means) for over a half-century.  I don’t know how I’ll do in cowboy boots.

Please pray for me.

Oh, and if you’d like a Doofus, let me know…

 

*About Doofus – My son Hark was the one who first discovered that the so-called “puppy” we saved from destruction was no puppy at all.  He is actually a “pliffle” – a coarse lampoon of the noble canis lupus familiaris known as Man’s Best Friend.  This species of perdition, callus doofus dammitis, may look something like a dog, but unlike any dog that ever lived, he’s completely useless, annoying, unbelievably persistant and …sticky.   Yes, he’s affectionate, but you’d rather the pliffle just go away

Here’s the plan

 

It should now be apparent that for the past hundred years our own government has advanced a campaign of theft and violence against us on the canard that it’s for “the common good.”  Flying in the face of this commonly believed fib is the easily observed fact that we have not solved any problems at all despite worsening taxation, prohibitions and wars. 

We’ve not had a year’s peace since the War to End All Wars.  Surely the “war on…” drugs, poverty and homelessness have been busts.  With the FDA’s suppressive power we have more “snake oil” con men and dangerous, counterproductive drugs than ever.  We are working longer hours, taking fewer vacations and spending less time with our children than just thirty years ago.  Shockingly, there are probably at least 150 thousand actual slaves (not tax serfs – actual chained-to-the-worktable, arrived-in-shipping-containers slaves) in the USA right now.  The CIA estimates that 50000 slaves travel into or through the USA each year.  Human trafficking is up several hundred to a thousand percent in just the past ten years!

We are less secure and less free than ever.  We have immeasurably more crime and corruption, less access, less control over our lives, and even our health statistics are tipping downward at a time of marvelous medical technology.

Why do we so numbly submit our lives, wealth and rights to a protection racket that does not protect?

We should not need more motivation.  I assume that if you’re reading this, you already know that something must be done. 

But not just any action will do, since history shows us nothing if not that humans mostly fail and rarely succeed; and that both success and failure is by invariable patterns set at least several thousand years ago.

So here is my summary of the problem and what’s to be done about it:

Problem: Politicians and their agents act in violation of all of the laws that protect us from them.

Solution: We must stop that. 

It really is that simple, and we have not even tried it.  Our attempts to strategize and pick apart our social disease into only marginally-related “pragmatic” bits have been counterproductive to the effect that we have so far divided and conquered …ourselves.  Democrats and Republicans who should ally against their common foe are instead locked in a battle over idolatry, deceit and ignorance.  We do not even expect our leaders to obey their oaths of office; nor, in most cases, do we have any idea what the oaths say, what they mean, or to what laws these oaths pledge obedience.  We must converge upon this solution- to demand Rule of Law under our existing state and federal constitutions…as written. 

Here is how, I am convinced, we must solve our problem.

  1. Read and completely understand your state and federal constitutions.  If you have questions about what you’re reading, I volunteer to help.  You should become confused when you first read these contracts.  I did.  I thought, “what the heck do these have to do with the way our government works today?”  Bingo.
  2. Do NOT write letters, call your congresscritter, protest or hold press conferences about tax policy, the Fed, drug laws, public schooling or any other distraction.  Concentrate.  Think.  Every millimeter we give to our leaders becomes a mile.  We must not any longer allow them to divide us against ourselves with equivocal sub-issues and dubious solutions.  As long as politicians violate every law that protects us, we have no issue other than this: we cannot tolerate this anarchy, this ungoverned government.  We have one issue only: wrestle our lawbreakers down to the law.
  3. Do employ every strategy, medium and means you can think of to address this problem: we must have Rule of Law under existing constitutions …as written.  If you have no idea what to do, ask, and I’d be happy to help.  But I’m betting you’ve already been doing things for lesser goals that’d be enormously helpful if directed toward Rule of Law under existing constitutions as written.  Go to meetings, talk to friends, whatever…use your mind and body and time in any ways that seem useful.
  4. DO NOT allow yourself to be divided against your allies and dragged into an argument about details when we must first address the basics.  Don’t even give the Second Amendment or Gay Marriage as an example of anything.  No matter how well-intended, it only allows people to pigeonhole and dismiss you.  STAY ON POINT: our politicians even admit that, in the words of Henry Hyde, the US constitution is “…inappropriate, anachronistic; it isn’t done anymore.”  You don’t need examples other than the admitted lawlessness of our politicians.  They arrogantly declare that they’ve snapped their leash!  This is unacceptable, and it’s time we say so.  Loudly, repetitively, and with pitchforks and flaming torches.
  5. Report back any observations, suggestions or whatnot that you think would help.  Report to all allies and friends in this cause.  Share ideas and experiences.  Let’s talk.  A lot.  It may not be so easy to communicate for much longer.
  6. I have proposed various constitutional compliance timetables over the years.  Nine years ago, when I predicted we’d have ten years before The Big Trouble hits (and no, The Big Trouble hasn’t hit us yet…you’d better hope I’m wrong about what’s coming) I’d said that we could offer ten years.  I don’t think we can do that now.  I’d love to hear discussion on this, but I now suggest that in our current crisis, with so many people hurting, that we demand government strips down to its constitutional skivvies within two years.  That means full by-the-written-word constitutional compliance.  No decoder keys, no fudge words from the bench, no cheating.
  7. Do you want a leader?  I’ll not shy away, but don’t miss my point: we have too many leaders, too many organizations, too much wasted money and time without converging on any common goal.  We must converge all our energies, passions and talents upon a single goal.  There are too few of us, and we have too little time to do anything else.

Be prepared that we may have to inviolate international treaties that, admittedly, are constitutional.  Such treaties have been increasingly used by the nefarious to destroy the constitutional design, and Obama is going gangbusters against us right now.  But other than these treaties, our leaders have no legal authority to fight back.  And by usurping our rights, stealing our property, shortening our lives and destroying our nation, they’ve relinquished all moral authority.  We’re right, they’re no more than criminals.

That is all.  Any questions? 

 

Read It…Now.

It may be oddly written, and I’ve learned that it’s not the best office-party icebreaker.  But every Hoosier should read, understand and memorize Article I, Section 25 of the Indiana Constitution.  It is short, unambiguous, and very, very important right now.

No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”

What could these words mean, but that even legislation does not create authority; laws depend upon authority.

It’s not only the Indiana Constitution that expresses this.  All throughout our constitutional republic, all political authority comes from our constitutions.

In other words, here in Indiana, as elsewhere under the Rule of Law established by our state and federal constitutions, politicians are not allowed to authorize themselves.  All of their power is written into constitutions, or that power is denied.

Just as you mustn’t allow a bad dog to hold his own leash, we mustn’t allow politicians to “interpret” the constitutions that restrain them.  “Legal precedent” and “case law” do not exist in our constitutions and have no legitimate power over constitutions.  Therefore, for example, no federal official can interpret away any first amendment rights because federal authority over religion, speech, press, assembly and petition is very plainly prohibited (see the First Amendment to the US Constitution).  All of our constitutions say this many times and in many ways; and constitutions were agreed upon and signed as solemn contracts (see the Virginia and Kentucky Resolutions of 1799).

Yet most politicians are routinely violating all of the laws that protect us from their historically demonstrated tendencies.  They have thus abrogated their legal authority, and rule by force alone.  Dick Cheney’s “nation of men, and not laws” is not just scary, it’s literally criminal.  This affects you more than you’ve been told.

Perhaps the most every-daily-relevant example is in your wallet.  State and federal constitutions mandate the use of gold and silver coin as money; and they’re clear that only our legislative assemblies have authority over this money.

But that’s not how your money works now.  And the way your money works today, is to rob you right into your grave.

With all our record-breaking taxation, regulation and litigation, there is only one private enterprise in America that has never been regulated, audited, taxed or brought to justice.  It is the so-called “Federal Reserve” Bank that’s been printing Monopoly money and charging you plenty for it since 1913.  It’s not federal, there’s no reserve, and it’s most definitely unconstitutional!

Frustratingly, many of even my political friends and allies tell me that “we’re too far from the constitutions now; we can’t demand compliance.”  But that’s like saying that once a criminal has done his deed, we, as a culture have failed, and that the criminal must therefore go free.

That is not sane.  That is self-flagellating madness.

Others claim that this is a democracy (why minorities want majority rule is beyond me), and voters can choose anything – even self-destruction.

I concede that this is pretty much what is happening.  But that’s both unconstitutional, and suicidal.

In each of my political races, and through all the years since 1995, I’ve proposed various plans to sunset all unconstitutional laws, agencies, powers and practices, and make the armed thug we call government go legit.  That is the law, it is morally right, it is proven to work…

…and our current path has proven to fail every time.

The Russian Revolution dreamed of liberty, justice and equality for all, but produced Stalinist nightmares and social collapse.  The French Revolution wielded the rhetoric but not the laws of our founders, so it was more about beheadings than freedom.  Even our own nation’s not-so-distant history illustrates oppression, slavery, genocide and war.  How can we think that now, with our government more powerful, secretive and intrusive than ever, we have put our ugly past behind us?

If you were to get curious and take the couple of hours necessary to read both the state and federal constitutions (yes, you really can read them without a federal judge telling you what they mean), you’d see that all of our biggest problems are unconstitutional.

Most taxation and government spending is unconstitutional.  All military engagements since WWII have been unconstitutional.  Pork, corruption, spiraling healthcare and education costs and tumbling dollars are all unconstitutional.

And every American constitution, both state and federal, codifies our right to alter or reform our government.  The Texas constitution couldn’t be more clear that should the federal government break its side of the constitutional contract, then Texas is specifically free and sovereign.  And that’s in the document’s very first paragraph.

You ought to read it!

Say what you will about our constitutions.  Call them outdated, call them “agrarian.”  But then read them.  We have nothing better, and we’re headed toward a truly ancient and horrible default state without them.

I’m picking up your gauntlett, Paul

It was April 1, but it was no joke.  My friend and feisty fellow constitutionalist Paul Caudell had died.  I had talked with him just a few hours previously, and I didn’t even know he was ill.  When Jerry Titus called me the next day with the news, I was jarred, as if from sleep.  Yes, I was sad.  But I was also angry with myself and feeling inconsolably stupid.  Sure, mortality is a problem.  But wasting life and opportunity and talent is an inexcusable crime. 

You see, here’s the scoop:  I’d given up.  I was flat disgusted with voters, non-voters, citizens and even my allies.  I was feeling hurt and betrayed by people who’d made and broken promises, by all the work and all the expense and all the failure…I was feeling sorry for myself that I lost my political races, lost my social campaigns, and, dang it, lost my business.  I thought it was time for me to not just leave Indiana, but leave behind all the failed hopes. 

Paul spent time in his final hours trying his best to bring me back; not just to Indiana, but to what I’d become all about for the past fifteen years.  I listened to him impatiently.  I was at work and feeling as though I was listening to futility.  I hope I wasn’t rude.  I pray to God that I wasn’t rude…

But then he went and died.  And I was slapped again with a most important and casually dismissed lesson.  Life is precious, and short.

My friends, what are we doing with our lives?

I spent half of my years in the “education system” before starting my life, and my life is probably a little more than half over (I’ve got longevity in my family profile).  Given all our marvelous “time saving” devices and the world’s highest productivity per worker, we should be working two-day weeks on a pleasure cruise through life.  And yet, the long hours away from home, little time spent with kids, and worsening statistics in physical and mental health make me wonder what the heck we think we’re doing to ourselves?  And why?

Why waste so much time and wait so long to start living life?  Why is that life and youth spent in such feverish pursuit of retirement and death?

Well, you should know. 

It’s Tax Time again. 

You know who you’re working for. 

I still want to know, why? 

Our lives are too short and life is such a sweet gift to waste it on politics and the sick pursuit of power over others.  We should get our hands out of our fellows’ wallets and off of their lives and rights, and just enjoy short, sweet life. 

OK, so we admit we’re all socialists now.  The media have been working hard to paint a rosy face on this so you don’t recall the history of Pol Pot, Mao, Stalin, et al.  They’ve been telling us that the best “right” (fascists) are much worse than the worst “left” (socialists), and that we can thank the elite for having saved us from the clutches of those like Hitler, Mussolini, and Tito.

Ours is a culture based and steeped in debt and violence.  The violent taking of taxes, property and rights is how we get nice little park benches and politically-run car companies.  Our debt-based currency/central banking model is why consumerism is good, and saving for your own retirement is bad.  Our debts lead to desperation, the violence leads to more violence, and claiming that it’s all for the greater good of some abstraction like “state” is cave-man ignorant.  It’s all failure, death, pain, and waste of irreplaceable, fleeting life.

Authoritarianism, whether you call it socialism, fascism, serfdom or just Standard Operating Procedure, is stinking foul and self-destructive-dumb.  I’m sick and stupid for thinking I could just give in to it while I still have the breath of life in me.

I am sorry, Paul.  Not that you died, really; I know you’re in a much better place than I am.  But I’m sorry that I wasted time, and you had to call me on it.  I’m sorry that I was hardly there when you called.  I’m sorry that I had given up.

I may not be able to stay in Indiana as you’d wished.  But I now promise that you did not call in vain.  I will not give up. 

INDIANA RESOLUTION of 2009?

OK, so this is yet another final blog.  So forgetting, for the moment, what’s likely to happen to the Great Experiment within the next ten years (when maybe we’ll be blogging on stone tablets again), here’s how I think things generally go, specifically what happened here, and what to do about it if we’ve any sense left. 

You see, it is the nature of human governments to become ungoverned and oppressive.  Our default state is sin, slavery, genocide and war, after all.  Our nations’ founders knew this and devised a limited, federal form of government with divided powers opposed by checks and balances…and they wrote down the laws in plain speech to be read, understood and obeyed without exception.

With a few notable and sometimes ghastly exceptions (hey, we’re a bad species), it worked better than anything before or since.  But as with anything good, decay was inevitable on this fallen world. 

In terms of rate of improvement (rate of increase of standard of living, leisure time and productivity; rate of reduction in working hours, disease and hunger) the USA reached its peak around 1912, started leveling off and then reversing thereafter.  I think that this is because Jim Crow and “big government” in the form of modern socialism was just then really taking hold.  But I believe the point is that previously, most Americans were simply left alone such that they could seek their own success unimpeded.

But Americans are now working longer and harder (20% longer hours with 2 weeks shorter vacations just since 1979) for less and less while the government takes more and more.

The Land of the Free now has the world’s highest percentage of citizens in prison. The Home of the Brave now has more lawsuits than all the other nations on earth combined

By September 11, 2001, we are told, it took only a handful of men armed only with box-cutters to topple our house of cards and make us fundamentally change our notions of freedom and global citizenship.  

The USA hasn’t legally declared a war since WWII.  US Rep. Henry Hyde said that the constitution is, “Inappropriate, anachronistic, it isn’t done anymore.”  So we’re now warring in clear violation of Article I, Sections 8:10, and 10:3 of our U.S. Constitution as a “humanitarian” effort to spread Freedom and the Rule of Law while we have given up those things here at home.  

Why do we tolerate this?

The signers of the Declaration of Independence believed “…All experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Yet they also insisted that governments derive “their just powers from the consent of the governed.” 

So, “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.”

It is time to do something, certainly.  Fortunately, in this country there are precedents for peacefully reasserting the U.S. Constitution and Rule of Law. 

In response to the Alien Act and Sedition Act, the legislatures of Kentucky and Virginia passed resolutions in 1799 demanding that government keep the terms of its contract (the U.S. Constitution).

From the Virginia Resolution: “…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.

 

From the “plain sense” of the Constitution these men insisted that “…the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States.” 

 

This is quite opposed to the ruling by District Court Judge David Hamilton that prayer and speech in the Indiana General Assembly must be modified, restrained, abridged and cancelled.

 

The signers of the Kentucky resolution declared that “…if those who administer the general government be permitted to transgress the limits fixed by that compact,” that it would be their duty to nullify the union.

 

In other words, while the ink was still wet on the U.S. Constitution, some of our founders (notably Jefferson and Madison who helped author the Kentucky Resolution and Virginia Resolution) sensed infractions against the contract and demanded redress.

 

Just a few years later however, in 1803, a mostly harmless ruling in a minor issue became a major problem. 

 

In Marbury v. Madison, The Supreme Court under Chief Justice Marshall decreed that the Supreme Court’s power to issue writs of mandamus, as granted by the Judiciary Act of 1789, were unconstitutional.   In other words Marshall used the Constitution, as written, to restrain another branch of federal government (the heart of the case) as well as his own court.  This much was proper. 

 

And in context, it was proper for Marshall to say, as he did, that “It is emphatically the province and duty of the judicial department to say what the law is.”

 

Sadly, those words have been taken to mean that the Supreme Court is empowered to change the meaning of the Constitution; and that is not what the founders intended, or what Marshall meant.

 

Civil law means what it says, and judges should say so.  But the power to “interpret” law as anything other than what was intended by congress was never given to courts by the U.S. Constitution.  Only common law is determined in court; so what Marshall said would have a power grab, and probably would have been stopped…if it weren’t for the fact that Marshall himself knew better than what we’ve made of his words.

 

For he also said in that same ruling that “…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; and that courts, as well as other departments, are bound by that instrument.” 

 

The civil law of the constitution was exhaustively explained in the Federalist and Antifederalist Papers, Madison’s Diaries, letters and books written by the men that wrote the Constitution itself.  No interpretation is necessary or legal.  We can change it or obey it; nothing else is legal, and nothing else works.

 

That is, after all, the Rule of Law, right?

 

Yet with Marbury v. Madison began a long, but initially very subtle and slow train of abuses and usurpations by the judiciary that we must now correct. 

 

Because as the inevitable result of the statement, ““It is emphatically the province and duty of the judicial department to say what the law is” came the famous question, “It depends on what the meaning of the word ‘is’ is.

 

This is the backdrop for what I’m proposing for an Indiana Resolution.  

 

We have foolishly asked politicians for new laws, new restraints, when the whole of the problem is that politicians completely disregard law and anything like restraint.

 

Perhaps it’s too simple.  Perhaps it’s that we’ve no experience with governed government.  Whatever the case, since 1799 we have never demanded that our politicians simply obey the written law, as written.

 

So here’s what I propose:

 

Indiana Resolution

 

WHEREAS

James Madison and Thomas Jefferson understood the letter and intent of the Constitution for the United States of America;

 

These men, working on behalf of the states of Virginia and Kentucky (respectively) authored the “Virginia Resolution” and “Kentucky Resolutions” of 1798 to 1799;

 

The legislatures of the states of Virginia and Kentucky passed these resolutions less than ten years after their ratification of the Constitution for the United States of America, affirming those states’ understanding of the letter and intent of that contract;

 

That this Indiana Resolution affirms the plain sense of those resolutions insomuch as:

a. The States are the owners and defenders of federalism.

b. The Constitution for the United States of America is a contract to be obeyed as written.

c. The federal government has no legal right to exercise powers not specifically granted to it by the Constitution for the United States of America.

d. Any powers exercised outside constitutional authority are legally void, and should be allowed no force or effect.

 

RESOLVED

That the General Assembly of Indiana, having sworn or affirmed oaths to support both state and federal constitutions, does unequivocally support those contracts;

 

That the powers not unambiguously and specifically delegated to the United States federal government by the Constitution of the United States, nor prohibited by it to the states, are held by the states, and/or by the people.

 

That the states who form the union and who in compact validate the US Constitution and the federal government thus formed, being by the US Constitution both legally independent and sovereign, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.

 

That the Governor be asked to transmit a copy of the foregoing Resolutions to the President of the United States and to the Governor of each of the other states, with a request that the same may be communicated to the Legislatures thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

 

 

My last blog, again.

Well, I’ll be doggoned.  I’ve not been a total failure after all.  After fifteen years, I’ve finally heard some good news.

Remember my “Sound Moneyproposals?  Paul Caudell is a longtime sound money proponent, and Jerry Titus is a hardworking bulldog.  Those two opened a website and really went to work after I got discouraged and gave up.  Indiana State Senator Greg Walker (District 41) filed the proposal as Senate Bill 453. 

Really.

Who’d have thought it? 

Wow!

Thank you, Senator Walker!

Now your job is to support both the bill, and our friend in the Indiana Senate.

But wait, there’s more.  Much more.

If you’ve read this spot before, you know that my political issue (really, my only issue) is that politicians violate the laws that protect us from them.  I want the constitutions, as written.  No provisos, no cheating, no ifs, ands or buts. 

That’s it.  I want federal politicians to obey the federal constitution, and I want state politicians to obey the state constitutions.  I want, in other words, for politicians to obey their oaths of office.  I want, in still other words, the Rule of Law that we’re supposed to have…by law.

So pursuant to this gentle obsession, I’ve authored dozens (maybe  of proposals, resolutions, briefs, petitions and pleas.  I tried to start a 527 org (The Freedom Farm is now defunct), and I ran several campaigns pretty much solely on the issue of constitutional compliance.

I found that voters just aren’t voting that way, however, so, ultimately, I got discouraged and gave up.

Then, whaddya know…more friends, this time Sean Shepard and Senator Mike Delph (District 29), took up the cause. 

Here’s the text of what I’d most recently submitted; it’s far briefer than the earlier versions last sent to the General Assembly in 2003:

 

Indiana Resolution

 

WHEREAS

James Madison and Thomas Jefferson understood the letter and intent of the Constitution for the United States of America;

 

These men, working on behalf of the states of Virginia and Kentucky (respectively) authored the “Virginia Resolution” and “Kentucky Resolutions” of 1798 to 1799;

 

The legislatures of the states of Virginia and Kentucky passed these resolutions less than ten years after their ratification of the Constitution for the United States of America, affirming those states’ understanding of the letter and intent of that contract;

 

That this Indiana Resolution affirms the plain sense of those resolutions insomuch as:

a. The States are the owners and defenders of federalism.

b. The Constitution for the United States of America is a contract to be obeyed as written.

c. The federal government has no legal right to exercise powers not specifically granted to it by the Constitution for the United States of America.

d. Any powers exercised outside constitutional authority are legally void, and should be allowed no force or effect

 

RESOLVED

That the General Assembly of Indiana, having sworn or affirmed oaths to support both state and federal constitutions, does unequivocally support those contracts;

 

That the powers not unambiguously and specifically delegated to the United States federal government by the Constitution of the United States, nor prohibited by it to the states, are held by the states, or by the people.

 

That the states who form the union and who in compact validate the US Constitution and the federal government thus formed, being by the US Constitution both legally independent and sovereign, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.

 

That the Governor be asked to transmit a copy of the foregoing Resolutions to the President of the United States and to the Governor of each of the other states, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

 

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Will either of these proposals succeed?  I doubt it, but I sure don’t know.  It’s more up to you than it is up to me.  But I have learned not to be so quick to get discouraged and give up…

OK, so now what?

Contrary to popular rhetoric, The United States of America is not “about the people.”  American citizens are not any sort of unique species.  We have no genetic or otherwise inheritable advantage over any of the people who’ve collapsed cultures over the previous millennia.

The USA is a legal entity defined by the Constitution for the United States of America, and that entity is long gone.

Similarly, Indiana is not about “Hoosiers;” but is instead a legal entity established, limited and clearly specified by the Indiana Constitution.  That “free and independent” state (Article 4, Section 16) is long gone.

Over time and by ignorance we have replaced our constitutional republic with our default state of authoritarian idolatry.  The relative freedom, peace and justice we’ve enjoyed under the rules of our constitutional republic have also been replaced by the lawlessness, violence and injustice that seems hardwired into us as a species.

We must now either decide to fight this default state and replace it, or not.

I expect that we will not fight, as it is an exceedingly rare thing to oppose our naturally oppressed and oppressive nature.  We’ll likely continue to embrace destruction until some desperate, needy, hungry future race decides to link arms and fight for something better.

The biggest disappointment of this past election season is how many intelligent, patriotic people:

  1. Did nothing.
  2. Started a “new organization” whose only effect was to divide and conquer…ourselves.
  3. Said “it’s too late for the ballot box; it’s time for the ammo box!”

There are too few of us for such dereliction of duty. 

  1. If you see what’s coming, you are a fool to do nothing.
  2. We have too many organizations already.  We need to get to know each other as people, and work together for a common cause…the constitutions, as written.  I’ve found that this is the best common ground.  Our constitutions aren’t perfect, but they’re doable, and better than anything else ever tried.
  3. If you can’t even decide what you want, then what’re you going to do when the smoke clears?  If you can’t even elect the government you want, then what do you suppose will devolve when you’re out of ammo?

My friends, I see only one course of action possible, as I think it’s too late for others:

We absolutely must get to know each other; not as “personalities” involved in various “organizations” (silly abstractions and idols that they are), but as human beings with proven, effective, wonderful dreams about human cooperation, economy, peace and freedom.

We can still make those dreams reality if we try.

But we must join together as people, and insist upon the laws proven most just and practical.

It’s no good to say “atta boy” to political candidates and then wait for the next go around.  We must start today to do the work begun eleven score and twelve years ago.

If you’re up for this, don’t tell me “I’m behind you, Andy.”  I’ve done what I can do with the few people I know.  I want to know what you’re going to do.  We need an army for justice and liberty, and we need it now.  That means no more “celebrity” or “personality” politics.  It’s show time.  All hands on deck.  There’s no more time to waste.

  • Do you know of schools/classes/groups willing to hear how a constitutional republic is supposed to work?
  • Do you know politicians who seem open to our message, or may need only a nudge to openly support our cause?
  • Do you have money, time, influence?

Well, let’s get together and make some plans.  Soon.