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Sunday, September 26, 2021

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 

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