Huntington Beach Class, special location Monday, 20 September. 18782 Beach Blvd Huntington Beach, CA 92648 (Corner of Beach & Constantine)
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Monday, September 27, 2021

Huntington Beach Constitution Class: Executive Procedures

We are back at Bergman Family Chiropractic, this week, but at Monday Night's Class we need to make a decision about location. Do we use the Bergman office three nights a month and IHOP one night a month, or do we move the class each Monday Night to IHOP? Let's talk about it at class...

6:00 pm

Mondays

@ Bergman Family Chiropractic

  18582 Beach Blvd

  Huntington Beach


Constitution Class Handout

Instructor: Douglas V. Gibbs

 

www.politicalpistachio.com

www.douglasvgibbs.com

www.constitutionassociation.com

 

 

Lesson 5: Establishing the Executive Branch

 

Article II, Section 1, Executive Power Established

 

Article II establishes the Executive Branch. The Founding Fathers were anxious regarding the creation of the office of the executive because they feared that a leader with too much power had the potential of being tyrannical. Many of the founders even argued that there should not be one executive, but many, so that they may serve as checks against each other. Their concerns were well placed, if one considers that their frame of reference was the authoritarian king of the British Empire.

 

Despite their fears, they knew that the authorities of the president under the Articles of Confederation were too few, leaving the office of the president much too weak to adequately serve the union. The founders were looking for a strong leader that also recognized the limitations on the authorities of the federal government as granted by the States through the articles of the Constitution. The best model for the presidency was a simple choice. Article II was written, some believe, with George Washington in mind.

 

Article II, Section 1, Clause 1 states that the powers of the executive are “vested.” This word, as we learned when we went over Article I, Section 1, carries a meaning similar to that of the word “granted.” Vested means “legally transferred.” The President’s authorities are powers given to him through a legal transfer of authorities.  The powers vested to the Executive Branch were granted by the States.

 

The founders understood that whenever there is a “leader,” there is a struggle for power. America has been no different. The office of the president has increased its powers over the years, mostly through unconstitutional means. The Founding Fathers sought to limit the powers to the executive. Among those limitations of powers is also a term-limit. The executive is limited to a term of four years, as is the Vice President.

 

Election

 

The election of the President and Vice President is not accomplished by direct election. Appointed electors vote for the President and Vice President. The electors were originally appointed by the States during the early elections of American History. The formula for determining the number of electors is determined by taking the number of Representatives and Senators the State is entitled in Congress, and combining those two numbers. This method of indirect election is also known as The Electoral College, which was designed in this manner specifically to protect the United States against the excesses of democracy.

 

After the 2000 election, where the winner of the popular vote was denied the presidency because he did not win the fight for electors, questions regarding the Electoral College arose. It was only the fourth time in history such an event occurred. To find precedents resembling the 2000 election one has to go back to the 19th century, to the elections of 1888, 1876, and 1824. Those were the only elections in American history prior to the election in 2000 where a winner in the popular vote was denied the presidency through the Electoral College system.

 

Recently, there has been a number of officials promising to introduce legislation to abolish the Electoral College, claiming that it no longer serves a good purpose in modern politics. The reasoning of these folks that oppose the Electoral College suggests that the United States should simply allow the popular vote of the American people be followed every four years when we elect our president.

 

A number of Americans have voiced their agreement with this opinion, arguing that the individual running for President receiving the most votes should win. An indirect election such as the Electoral College, argue these folks, is simply unfair and undemocratic. In other words, they believe the American political system should operate as a direct democracy.

 

The Founding Fathers purposely did not make this country a democracy. The United States is a Republic, equipped with checks and balances at all levels of government, including the voting process. Democracies were proven, according to the founders, to be failures.

 

John Adams was quoted to say, “Democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.”

 

Thomas Jefferson said, “The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.”

 

The founders are not the only historical figures to recognize that a democracy opposes liberty.

 

Karl Marx once said, “Democracy is the road to socialism.”

 

Karl Marx, the father of communism, understood that the implementation of a democracy is a necessary step in the process of destroying our Constitutional Republic. Once the people are fooled to believe that they can receive gifts from the treasury rather than achieve for their livelihood, they will continually vote in the people who ensure the entitlements continue to flow. Eventually, this mindset becomes the majority. This group then changes over time from an involved and informed electorate to a populace that lacks the understanding of the principles of liberty and can easily be manipulated into believing that sacrificing individual liberty in exchange for social justice and security is a price that we must be willing to pay. A group that is dependent upon the government in such a manner, then, is prime to vote into power a tyranny. Eliminating the Electoral College would make it easier for these members of our society to vote into office those that promise more entitlements.

 

Once the majority of the voters in a Democracy become the recipients of benefits from the Federal Government, the government achieves unchecked power, and may then violate the property rights of the productive members of society in order to provide benefits to the non-productive members of society. This is best characterized in the "tax the rich," or “redistribution of wealth,” scheme we are now seeing emerge as the rally cry by the current administration. The founders called this method a “scheme of leveling.”

 

The founders were aware of this danger, which is why they established our system of government, and the electoral college, in the manner they did. A true democracy becomes “mob rule,” and the principles of liberty become a target for elimination.

 

“A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” -- Thomas Jefferson

 

In order to preserve our Constitutional Republic it was imperative for the vote of the people to be indirect, except when it came to voting for their representatives in the House of Representatives. The Founding Fathers divided power as much as possible, including the power of the vote.

 

Originally, the State Legislatures appointed the electors that cast their votes in the Presidential Election. That changed in 1824 when all but six states decided the electors should to vote in line with the popular vote.

 

U.S. Senators were initially appointed by the State Legislatures, which ensured the voice of the States was present in the federal government. That changed in 1913 with the 17th Amendment, which transferred the vote for the U.S. Senators to the popular vote. The 17th Amendment took away from the States their representation in the federal government.

 

The Founding Fathers divided the voting power as they did partially because if the power to vote for president, the House, and the Senate all fell to the people, and if the people were fooled by some political ideology that wished to destroy the republic by fundamentally changing the American System, a tyranny could be easily voted into control of all parts of the government without any checks present whatsoever. When the majority of voters are uninformed in such a manner, and are given the full voting power, tyranny is inevitable.

 

Winston Churchill understood the dangers of trusting an uninformed electorate with the capacity to govern. He was quoted as saying, “The best argument against democracy is a five minute conversation with the average voter.”

The elimination of the Electoral College would take away the voice of the smaller states, give the election of the President to the seven largest metropolitan centers in the United States, and lead America even closer to becoming a democracy.

 

Democracy is a transitional governmental system that ultimately leads to tyranny. This was true in the days of the French Revolution no less than it is true today.

While democracy lasts it becomes more bloody than either aristocracy or monarchy…Democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide. -- John Adams

 

Democracy is two wolves and a sheep voting on what to have for dinner” -- James Bovard

 

Our country is not a democracy. Our nation was founded as a constitutionally limited republic. The indirect election of the President through the Electoral College reflects that truth, and the Electoral College is one of the last vestiges of the system of checks and balances as they apply to the voters.

 

Article II, Section 1, Clause 4 indicates that the Congress may determine the time and day the electors are chosen, and give their votes. The day they vote for President and Vice President, according to this clause, will be the same day nationally. The rules for the popular election, if you will remember from Article I, are to be established by the State legislatures.

 

Eligibility

 

Article II, Section 1, Clause 5 states that the eligibility for President includes the requirement that the individual be a natural born Citizen.

 

Notice that the Constitution says a natural born citizen, “or” a citizen of the United States at the time of the adoption of the Constitution. This was to ensure that anyone alive at the time of the adoption of the Constitution who was a citizen was eligible, and anyone born after the adoption of the Constitution had to be a natural born citizen to be eligible. The word “or” gives us a clue that there is a difference between “natural born citizen,” and “citizen.”

 

Some people will use the Fourteenth Amendment as an argument regarding the definition of natural born citizen. The Fourteenth Amendment says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

 

The Fourteenth Amendment, in this clause, as it states, only addresses “citizenship” - not the concept of being a natural born citizen. Therefore, it does not apply when discussing the concept of natural born citizenship. The clause was written as it was to protect the citizenship of the children of the emancipated slaves. The word “jurisdiction” was placed in that clause to mean “full allegiance.” There was a fear during that time, as there had been during the founding of this nation, of divided allegiance, or divided loyalties.

 

Natural Born Citizen is not defined in the Constitution primarily because it was common knowledge. People understood what the term “Natural Born Citizen” meant.

 

Today we have a number of terms that are understood without needing to be defined. One of those terms is “fast food.” Without needing a definition provided, most people know what “fast food” is. That does not mean the term will be readily understood by some historian of the future. He may ask himself, when he comes across that term in our literature, “Why is it their food was fast? Did it run quickly away from them?” To understand what “fast food” meant to us, he may have to refer to a number of writings before he finally comes across the definition.

 

One of the sources the Founding Fathers used when it came to establishing the definition of “Natural Born Citizen” was Vatell’s “Law of Nations.”

 

Vatell’s Law of Nations is mentioned once in the Constitution in Article I, Section 8, Clause 10, and it is capitalized - which suggests the mention of the Law of Nations to be a proper noun, thus supporting the argument that it is a direct reference to Vatell’s writings.

 

Recently, it was discovered that George Washington failed to return a couple library books to the New York City Public Library. One of those books was Vatell’s Law of Nations. Washington checked the book out in 1789, shortly after the Constitutional Convention, probably because of the heavy influence the definitions in Vatell’s Law of Nations played on the writing of the U.S. Constitution.

 

Benjamin Franklin owned three copies of the Law of Nations - two for the convention, and one for his personal use. He received those copies from the editor, Dumas, in 1775.

Vatell’s Law of Nations Section 212 indicates that to be a Natural Born Citizen both parents must be citizens at the time of the birth of the child. As with the Fourteenth Amendment, there was a fear of divided allegiance.

 

Vetell’s Law of Nations required also that the child be born on American Soil, but if you read further down the section addresses other possibilities. The Immigration and Naturalization Act of 1790 confirmed the definition not requiring the child to be born on American soil, but still requiring that both parents be American citizens at the time of the child’s birth. The section in the Naturalization Act of 1790 I am referring to specifically reads: “And the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”

 

Note that the fifth word, citizens, is in the plural, which means it requires both parents to be citizens at the time of the birth of the child in order for the child to be a “Natural Born Citizen.”

 

Article II also establishes that in order to be eligible for the presidency the candidate must be at least the age of 35. This requirement, reasoned the founders, would ensure that the immaturities of youth had passed away. Along with a relatively mature age, the Constitution indicates that the president must also have been a resident of the United States for the last fourteen years. This, once again, was a guard against divided loyalties.

 

The Vice President must also meet all eligibility requirements. In the 18th century the Vice President was the second place winner in the election, and therefore had to be eligible because he was originally running for President. Now, the Vice President is elected as a part of the presidential ticket. However, to ensure it was clear that the Vice President also had to be eligible for the presidency, especially since he was next in line for the presidency should the Office of President be vacated, the 12th Amendment ends with a sentence that demands the Vice President is eligible for the presidency.

 

In Case of Death

 

Article II, Section 1, Clause 6 was changed by the Twelfth Amendment. This clause established the rules in case of the death of the President while in office. The clause gave the Office of the President to the Vice President in the case of death. The ambiguity of the clause, however, created confusion. In the case of President Benjamin Harrison who died after only 30 days in office, it created a constitutional crisis. The officials of that time did not know what to do. When old Tippecanoe died, he was succeeded by his Vice-President John Tyler, but since no President had died in office before, no one was quite sure how Presidential succession worked. The Constitution stipulated that the Vice-President should become the new President, but it was not clear if the Vice-President should be considered a "real" President, or if he only “acted” as President. The Tyler administration made it clear that Vice-Presidents who became President after the death of the elected President should be treated as legitimate Presidents.

 

The Twelfth Amendment later addressed the problem with more specified rules. Later, succession was resolved once and for all with the ratification of the 25th Amendment in 1967.

 

Compensation

 

Article II, Section 1, Clause 7 allows for the President to be compensated for his service as President of the United States. This salary is not to be increased or diminished while the President serves. The President, according to this clause, is also not allowed to receive any other governmental salary from the federal government during his term as President. In George Washington’s First Inaugural Address, he announced that he would accept no salary as President.

 

Oath or Affirmation

 

In the final Clause of Article II, Section 1, the Oath or Affirmation for the Office of President was established.

 

The reason for the clause indicating Oath “or” Affirmation was because an Oath is to God, and an Affirmation is not. The founders understood that not all Americans believe in God, therefore an option needed to be available for non-believers. Affirmation was also included as an option because there were some Christians that believed swearing to God to be a sin. Offering the opportunity to “affirm” gave these Christians an opportunity to take the affirmation of office without compromising their religious beliefs.

 

Note that the President is expected, according to the text of the oath or affirmation, to preserve, protect, and defend the Constitution of the United States.

 

You will also note that placing one’s hand on a Bible is not in this Article. The placement of a hand on a Bible while reciting the Oath or Affirmation was something that George Washington chose to do, and it has been a tradition ever since.

 

Terms:

 

Democracy: A form of government in which all citizens have an equal say in the decisions that affect their lives. Such a system includes equal participation in the proposal, development and passage of legislation into law.

 

Electoral College: A body of electors chosen by the voters in each state to elect the President and Vice President of the U.S.

 

Executive Branch: The branch of government responsible for executing, or carrying out, the laws. An executive in government can be a president, or a governor.

 

Leveling: Moving money from one group of people to another by raising and lower taxes accordingly in an effort to achieve economic equity in society.

 

Republic: Form of government that uses the rule of law through a government system led by representatives and officials voted in by a democratic process. The United States enjoys a Constitutional Republic.

 

Questions for Discussion:

 

1. Why didn’t the Founding Fathers make the President a king?

 

2. How does the Electoral College ensure fairness for the minority States?

 

3. What is the difference between a democracy and a republic?

4. Why did the Founding Fathers divide the voting power?

 

5. How is “citizen,” and “natural born citizen,” different?

 

6. Why were the Founding Fathers concerned about divided loyalty?

 

7. How does the eligibility requirements ensure that the President, especially as Commander in Chief, holds full allegiance for the United States?

 

8. How was the way the Vice President was chosen in the 18th century different from how the Vice President is chosen today?

 

Resources:

 

Alexander Hamilton, The Law of Nations and the U.S. Constitution, http://east_west_dialogue.tripod.com/vattel/id4.html

 

Associated Press, “Hillary Clinton Calls for End to Electoral College,” CBS News (2009) http://www.cbsnews.com/stories/2000/11/10/politics/main248645.shtml

 

George Washington, The First Inaugural Address of George Washington, The Avalon Project - Yale University (1789/2008) http://avalon.law.yale.edu/18th_century/wash1.asp

 

Joseph Andrews, A Guide for Learning and Teaching The Declaration of Independence and The U.S. Constitution - Learning from the Original Texts Using Classical Learning Methods of the Founders; San Marcos: The Center for Teaching the Constitution (2010).

 

Madison’s Notes Constitutional Convention, Avalon Project, Yale University: http://avalon.law.yale.edu/subject_menus/debcont.asp

 

Marjorie Kehe, “How George Washington racked up a $300,000 fine for overdue library books,” Christian Science Monitor, http://www.csmonitor.com/Books/chapter-and-verse/2010/0419/How-George-Washington-racked-up-a-300-000-fine-for-overdue-library-books

 

Mountain Publius Goat, “Law of Nations, 1758 law book defines Natural Born Citizen,” Kerchner (2008) http://www.kerchner.com/protectourliberty/goatsledge/20081212%20Law%20of%20Nations.pdf

 

Naturalization Act of 1790, Harvard University: http://pds.lib.harvard.edu/pds/viewtext/5596748?n=1&imagesize=1200&jp2Res=.25&printThumbnails=no

 

Ron Paul, “Hands Off The Electoral College,” Lew Rockwell (2004) http://www.lewrockwell.com/paul/paul226.html

 

Ron Paul, “The Electoral College vs. Mob Rule,” Lew Rockwell (2004) http://www.lewrockwell.com/paul/paul214.html

 

Sean Rooney, “The Death of President William Henry Harrison,” Associated Content (2008) http://www.associatedcontent.com/article/518591/the_death_of_president_william_henry.html?cat=37

 

Vatell’s Law of Nations: http://www.constitution.org/vattel/vattel_01.htm

 



Copyright Douglas V. Gibbs 2015

 

How Newsom and the Democrats Stole California

Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

In the video it is shown how the number of people voted for does not match the yes votes provided...



In this video watch how the Yes Vote loses votes on CNN as the viewer watches...


-- Political Pistachio Conservative News and Commentary

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Author, Speaker, Instructor, Radio Host



-- Political Pistachio Conservative News and Commentary

Radical? No, They Were Correct.

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Author, Speaker, Instructor, Radio Host


Here's a list of important videos...


-- Political Pistachio Conservative News and Commentary

Sunday, September 26, 2021

Douglas V. Gibbs guest hosts For the Republic on Patriots' Soapbox

For the Republic

Sunday Night, 5pm Pacific, I will be guest hosting For the Republic, a video podcast on the Patriots' Soapbox network. Check it out live at https://patriotssoapbox.com/

PSB-Baseline-Center-Icon-Black-768x155 image

Election Audit Movement Expanding

By Douglas V. Gibbs

March of Tyranny from All Directions...

By Douglas V. Gibbs

Interpretation of our Constitution: Judges say through their opinion, and precedent, that the original intent is nothing more than a guideline, and that their final case law annotated version of the Constitution is the Law of the Land, now.  Records by the Founding Fathers say otherwise.

Tyranny by another name: Never mind robber barons, dictators, and ministers of propaganda, we've got social media.  https://www.breitbart.com/tech/2021/08/19/google-whistleblower-search-engine-rewrote-algorithms-to-go-after-trump/

Sports, COVID, and the Leftist Media:  The leftwing mainstream media was pretty upset that college football fans packed into stadiums, and most of them removed their masks.  No mention, though, of the F*** Biden chants that went through the stadiums of college football's opening weekend.



-- Political Pistachio Conservative News and Commentary

To What Demonic Entity are Democrats Sacrificing Babies To?

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

Child Sacrifice: While the Democrats do all they can to encourage the wholesale slaughter of the unborn, even if it means in defiance of the law (https://www.dailysignal.com/2021/08/12/team-biden-works-at-behest-of-abortion-lobby-in-defiance-of-law-84-gop-legislators-say), they are even willing to sue States like Texas (https://www.newsbreak.com/news/2363064103071/doj-says-it-will-protect-women-seeking-abortions-in-texas) for daring to pass a law (which is constitutionally authorized, Abortion is a State issue) trying to stop the unholy murderous practice.  https://www.christianpost.com/news/biden-doj-files-lawsuit-against-texas-abortion-law.html  Australia has gone so far as to criminalize protesting the slaughter of the unborn.  https://harbingersdaily.com/all-of-australia-has-now-criminalized-pro-life-activity-near-abortion-businesses/

Until abortion ends in America the Blessings of our Heavenly Father will remain to diminish, and the Wrath of God will be upon us.

-- Political Pistachio Conservative News and Commentary

Divided Allegiance and Split Loyalties, and the Restoration of our Republic

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

There was a time when foreign entanglements and foreign connections by American Citizens, in order to reduce un-American infiltration into our system, was the Law of the Land.  Then, the Bankers, Lawyers, and Judges found a way to make it disappear.  The Case of the Missing 13th Amendment shows us that the existence of the deep state and the leftist war against our Constitution is nothing new.  The players have changed, and the words they use may have been shuffled, but in the end, it is the same evil.  Except, now they have technology and over a century of societal brainwashing to kick their efforts into high gear.  For them, they believe the final solution is on the horizon.  Control, tyranny, and the elimination of all opposition is on the verge of entering their grip.  As they grasp for it, it is our job to make sure it all slips through their fingers.
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Everything the Framers of the Constitution did, and everything those who support the U.S. Constitution  have done since, has been for the purpose of ensuring that outside forces do not infiltrate or control our American System.  The Founding Fathers knew that they had something special, and they did everything they could to protect it from foreign actors.  However, we have lost so many of the Constitutional mechanisms that were in place to protect us from tyranny that now the enemy is not only at the gates, they are inside the gates.  And as it happens, as predicted by the Soviet leaders of a past generation, the American People are welcoming the foreign ideas being thrust upon them, and they are embracing the chains those ideas are attached to.  It is all being presented in the name of safety, security, and peace; and as a result, Americans are in the process of raising the red flag of communism themselves...without a fight.
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1 Thessalonians 5:3, King James Version, "For when they shall say, Peace and safety; then sudden destruction cometh upon them, as travail upon a woman with child; and they shall not escape."
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The concept of a Separation of Powers were instilled in the first sentence of each of the first three articles of the U.S. Constitution, allowing the Congress only to practice legislative powers (the power to create law, modify law, and repeal law), the President to practice executive powers (execute the laws once they are established through the law-making process), and the Courts to practice judicial powers (to apply the law to the cases they hear, and provide judicial opinion if they believe the laws may not be constitutional or just after their review of those laws).  The Congress is not allowed to act judicially (Article I, Section 9; No Bills of Attainder) or executively, the President's executive orders cannot be legally binding (Article I, Section 1 says that all legislative powers are "vested" in the Congress, which also means those powers are irrevocably possessed by the legislature), and the Courts cannot constitutionally legislate from the bench (which includes the striking down of a law if they believe it to be unconstitutional after judicial review).  Separation of Powers also extends to the authorities given to the federal government versus the States (Tenth Amendment).  Other governments may have collusion between their parts of government, or a strong central government that encroaches on local issues without any local authorities in place to administer local issues themselves, but America as an exception to the rule (American Exceptionalism) making this country very different from its foreign counterparts.  Local issues are to be administered by local government, State issues by State government, and external issues or issues regarding the union by the limited powers of the Federal Government.
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As James Madison wrote in The Federalist No. 45:  "The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace negotiation, and foreign commerce;…The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the state."
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A part of protecting us from foreign influences not only included ensuring that the President and Vice President must be Natural Born Citizens (both parents citizens at the time of birth according to Vattels' Law of Nations and six cases of dicta by the U.S. Supreme Court), but also a list of mechanisms that not only make this country a "republic" rather than a democracy or oligarchy, but also that they give the State Legislatures the opportunity to have oversight over all federal government decisions and operations.  Unfortunately, these mechanisms have largely eroded away, save for the one regarding amendments.

1.  Originally, the members of the U.S. Senate were appointed by the State Legislatures.  This mechanism met its demise in 1913 with the emergence of the 17th Amendment.  Other State oversight mechanisms lost by the appearance of the 17th Amendment includes:

a.  Creation of money.  As the voice of the Senate, the State Legislatures had say in the creation and regulation of money since, in Article I, Section 8 the Constitution states that Congress shall coin and regulate the value of American money.  This separated us from the international bankers and allowed us to disallow foreign influence on our monetary system.  The mechanism was killed three times through the emergence of three central banking systems in our history.  The Bank of the United States, the Second Bank of the United States (based on the urgings and arguments of Alexander Hamilton, who believed the Constitution did not go far enough in its creation of a big centralized controlling government), and the Federal Reserve (1913).
b.  Creation of Law.  The lawmaking process included State oversight also through their 
appointment of the members of the U.S. Senate.  All bills must be approved by both the House of Representatives, and the U.S. Senate.
c.  Treaties.  While the President of the United States, as a representative of the Federal Government, may negotiate and sign treaties, treaties were not effective until reviewed and ratified by the representatives of the State Legislatures (by appointment to the U.S. Senate), which served as an oversight by the States over treaties.  Since the enactment of the 17th Amendment in 1913 the ability for the States to serve in an oversight capacity regarding treaties has been eliminated.
d.  Appointment of Officers and Judges.  The confirmation hearings by the U.S. Senate is a mechanism that was created to make sure the States also had oversight over who the President was putting into positions of power in the Federal Government.  The potential of foreign influence, or the rise of tyranny through the newly established federal government was such a fear of the Founding Fathers that they even wanted State oversight over Presidential nominations.
 
2.  Originally, the State Legislatures, rather than the people through a direct tax that we now call "Income Tax", paid for the federal budget.  This process, which established the amount due by a State based on the census, allowed the State Legislatures to review the budget and demand changes before they were willing to pay their portion for it.  This mechanism kept the federal government from spending funds in an unconstitutional manner, or in a manner that was not in the interest of State Sovereignty and autonomy.  The mechanism was tossed into the dustbin of history by the 16th Amendment, also in 1913.

3.  The election of the President, whose job does not include being involved in domestic issues, was originally by electors appointed by the State Legislatures.  The people, whose voice in the federal government was in the House of Representatives, were not originally given the ability to vote for President; they instead had the job of campaigning for their presidential choice to the electors in hopes of convincing the elector to vote for their favorite candidate.  The change in the electoral process, and the creation of the term "Electoral College," occurred during the presidency of Andrew Jackson (father of the Democratic Party) who believed the process was not "democratic enough."  The States responded by changing the process not only to have the electors vote in line with a democratic vote by the people, but for the States to adopt a "winner take all" position (only two States today do not follow the winner-take-all model; Maine and Nebraska).

4.  The ratification of amendments has not changed.  While either the States (through an Article V. Convention) or the Congress may propose amendments, ratification of any proposed amendments to the U.S. Constitution requires a 3/4 approval by the States.  The method of ratification may be by convention, or a vote by the State Legislatures.  Congress, if they feel it is necessary, may determine the method of ratification.  Otherwise, the choice belongs to the States.
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The creeping incrementalism of tyranny began long ago...
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While the States originally had mechanisms of oversight regarding all decisions by the Federal Government, the realization that the federal government may still act in a manner beyond its authorities, or in line with foreign influences or ideologies encouraged the States to retain for themselves the power to nullify federal law (refuse to implement a federal law because if it is unconstitutional it is "null and void" as per Thomas Jefferson's draft of the Kentucky Resolutions) or the power to secede from the union if the social contract (U.S. Constitution) is breached by the Federal Government.

Senators Howard and Trumbull after the War Between the States had concluded, aware of the fears of foreign intrusion into our system the Founding Fathers had, wrote the Citizenship Clause of the 14th Amendment to protect us against such infiltrations.  While the Tories (loyalists to the British Crown) were no longer a concern nearly a hundred years after the Revolutionary War, when asked what they meant by the "and subject to the jurisdiction" phrase in the first clause of the 14th Amendment, in May of 1866 both Senators testified before Congress (their testimony may be read in the Congressional Globe, which is the Congressional Record of the time) that "subject to the jurisdiction" means "Full jurisdiction, meaning full allegiance."  Therefore, exempt from citizenship are Indians not taxed, and the children of Foreigners, Aliens, Diplomats, Ambassadors, and other foreign consuls and ministers."  In short, the interpretation by the courts of that clause that is referred to as "Birthright Citizenship" is an inaccurate interpretation.

Now, foreign ideas like globalism, socialism, and anti-Christianity (which compromises the concept that our natural rights come from the Creator) threatens our system of liberty.  The States have no ability to stop it, and We the People feel demoralized and helpless as the iron fist of authoritarianism closes its grip around the American system of government.  But, all is not lost.  As long as the generation that knows liberty remains alive, so does the hope for a restoration of the republic and the reclamation of the original mechanisms of the U.S. Constitution.  However, let us be reminded by John Adams' fateful words.  "Liberty once lost is lost forever."

We have a righteous and worthy cause.  We must only follow the lead of the Founding Fathers to reclaim the American System.  It begins locally.  Get control of our communities and we gain back our cities.  Get control of our cities and we gain back our counties.  Get control of our counties and we gain back our States.  Get control of our States and we gain back our country.

We complain about the cockroaches in Washington, but we breed them locally.  Stop breeding them locally.

-- Political Pistachio Conservative News and Commentary 

Wealth, Lies and Power: The Secret of Oz

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

 The Secret of Oz: If you wish to fully understand the assault on America through our monetary system, and other means, and then realize that L. Frank Baum knew all along (Wizard of Oz); this is a must-watch video.


-- Political Pistachio Conservative News and Commentary

Saturday, September 25, 2021

Perpetual Enemies

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

Adolf Hitler, Josef Stalin, Valdimir Lenin, Fidel Castro, Hugo Chavez and George Orwell all taught us that to keep a totalitarian system going you must constantly have perpetual enemies seeking to stop your "revolution".  This keeps the public in a continuous "us against them" mindset so that they continue to do anything you want ... you know, because if the enemies of the state gain any ground it could mean an end to the equality of misery under the socialist system in place, which, according to the elite leadership would result in worse conditions and a complete collapse of society.  Domestic terrorists, COVID-19, and Climate Change are only the beginning...

The Constant Enemy:  Like any good tyrannical regime (just like all of the communists before them in other countries) anyone serving the prior administration are being driven out.  https://www.dailysignal.com/2021/09/09/biden-white-house-tells-trump-appointees-to-resign-or-be-fired-as-military-academy-advisers/  Misinformation (disagreement with their policies) are also being targeted, not only on social media, but the Biden Administration has said that spreading misinformation could even result in your banking account being shut down.  https://www.dailysignal.com/2021/09/02/the-left-doesnt-just-want-to-censure-you-on-social-media-they-also-want-to-close-your-bank-accounts/  Plans to monitor your banking is also in the works.  https://patriotalerts.com/2021/09/biden-wants-to-monitor-your-bank-account-through-new-3-5-trillion-budget-plan/ In order to practice their tyranny, the opposition must be portrayed not only as an enemy, and a dangerous enemy, but threats by that enemy must be constantly reported to the people to keep them in fear, and ready to turn in anyone who dares to stand against the authority of the government.  With Constitution Day in our rearview mirror we realize their prediction was garbage...but, when it was on the horizon, the government was warning of the potential for "domestic terrorist activities"; an insurrection like the one perpetrated on January 6, 2021 by those dangerous Trump supporting, white supremacist, conservative radicals.  https://www.newsbreak.com/news/2361547650726/september-18-fears-mount-over-a-second-insurrection-by-rightwing-extremists-at-upcoming-capitol-rally ... since they didn't get the insurrection they predicted, watch for a manufactured one in the near future.

Keep them scared, promise safety, and you will have a herd of sheep that will follow you anywhere...like the Pied Piper who led rats through the streets.

-- Political Pistachio Conservative News and Commentary

Constitution Radio: Liberty Roads

Constitution Radio
with Douglas V. Gibbs

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