Do Americans have the discretion and discernment to “behold the gathering storm”?
Posted on News With Views-By Timothy N. Baldwin, JD.-On January 27, 2012:
“While the States were considering ratifying the Constitution, James Madison describes a prophetic ‘gathering storm’, doomsday scenario for the United States. However, his description was hypothetical and purportedly unlikely.[1] Madison paints a picture of what the union would look like under healthy conditions and then contrasts that with terminal conditions that would destroy the union. His portrayal is fascinating and worth applying today.
In Federalist Paper 46, Madison discusses the happy and healthy situation where the Federal and State governments respect their constitutional boundaries. Madison says, “[the federal government will] be disinclined to invade the rights of the individual States, or the prerogatives of their governments”. Congress would be the “guardians of a common interest” and would not make “improper sacrifices…of local considerations, to the aggrandizement of the federal government”.
Madison continues, “the motives on the part of the States governments, to augment their prerogatives…will be overruled by no reciprocal predispositions in the members [of Congress].” In other words, the States will not want to intrude into federal authority because the Federal government will not intrude in State territory. In this “constitutional ideal”, Madison sees everyone respecting the authority of the other.
Madison then shifts his discussion to the hypothetical “what if”. He says, “[w]ere it admitted, however, that the Federal government may feel an equal disposition with the State governments to extend its power beyond the due limits, the [States] would still have the advantage in the means of defeating such encroachments” (emphasis added). Such means of defeating the federal government’s encroachments included actions like, “opposition”, “refusal to cooperate”, “frowns of the [State] executive”, “obstructions”, “signals of general alarm”, and “plans of resistance”.
Keep in mind, Madison’s description of “resistance” was made in context of a healthy, working union where the constitution remained and the amiable bonds of union were intact. The result of such conflicts within Federalism would ultimately be resolved through diplomacy where the people’s weight determined the outcome.
Madison furthers his “what if” hypothetical by describing a federal government that pursued “ambitious encroachments”. Madison predicts such usurpations would result in the same response “as was produced by the dread of a foreign, yoke”—namely, independence from the usurping government. However, Madison cannot fathom such an event taking place; he says, “[b]ut what degree of madness could ever drive the federal government to such an extremity.” Madison feels such actions would be advanced by madmen, not fellow patriots.
Still, Madison answers his own question (for the sake of appeasing his audience) when he describes the (implausible) circumstances ripe for this tyranny. Madison says, the “only refuge left for those who prophesy the downfall of the State governments is the visionary supposition that the federal government may previously accumulate a military force for the projects of ambition…it [is not] necessary now to disprove the reality of this danger” (emphasis added).
Madison finds it unimaginable that the federal government could and would accumulate a military force capable and for the purpose of subduing the people and States. Madison bases his conclusion on these presumptions:
“(1) the people and the States [will not] elect…men ready to betray both; (2) [there will be no] traitors…[to] uniformly and systematically pursue some fixed plan for the extension of the military establishment; (3) the governments and the people of the States [will not silently and patiently behold the gathering storm, and continue to supply the materials, until it should be prepared to burst on their own heads…(4) [and further] the State governments, with the people on their side, would be able to repel the danger [through militias]” (emphasis and numbers added).
So here we are in 2011. Our world is not James Madison’s world. Are Madison’s presumptions correct today? Is the U.S. military incapable of subduing the States? Do the people elect only patriots, and not traitors? Do the States have the capability of successfully protecting themselves against opposing military? Are the people capable of forecasting a gathering storm?
Reasonable persons would conclude, the U.S. military is more than capable of subduing the States; the people do elect traitors to office; and the States have no adequate means of defending themselves against opposing military force—from whatever source. (If someone has evidence to the contrary, let us see it.)
Now that the National Defense Authorization Act is law (see my previous articles on NDAA, here and here), Madison’s “gathering storm” scenario is more real than ever. So, how are the States to protect themselves from enemies domestic and foreign (as they have a constitutional duty to do—see, Art. 1, Sec. 3)? Is this an inappropriate question? If so, let us see the reason.
It is a proven maxim that States have the duty and right to protect and sustain themselves. It is also a maxim that every government owes to its citizens protection (e.g. 49-1-201, Mont. Code Ann., “Every person while within the jurisdiction of this state is entitled to its protection”; Art. 1, Sec., USC). In spite of the Second Amendment’s prescription that the States maintain a well-regulated militia to secure a “Free State” and the State constitutions and laws requiring State militias to protect the State’s homeland, there is not one State that is capable of protecting the citizens from domestic or foreign invasion.
Will the “gathering storm” result in an actual storm? God knows, and time will tell; but unless the people have the discretion and discernment to “behold the gathering storm”, it is unlikely the people will do anything about it until the storm of hail is smashing people’s heads in.”
Timothy Baldwin is an attorney licensed to practice law in Montana (and Florida) and focuses on constitutional issues. Baldwin graduated from the University of West Florida in 2001 with a Bachelor of Arts (BA) degree in English and Political Science. In 2004, Baldwin graduated from Cumberland School of Law in Birmingham, AL with a Juris Doctorate (JD) degree. From there, Baldwin became an Assistant State Attorney in Florida. For 2 1/2 years, Baldwin prosecuted criminal actions and tried nearly 60 jury trials. In 2006, Baldwin started his private law practice and has maintained it since.
Baldwin is a published author, public speaker and student of political philosophy. Baldwin is the author of Freedom For A Change, Romans 13-The True Meaning of Submission, and Political Discussions for People of States–all of which are available for purchase through libertydefenseleague.com. Baldwin has also authored hundreds of political science articles relative to liberty in the United States of America. Baldwin has been the guest of scores of radio shows and public events and continues to exposit principles which the people in America will need to determine its direction for the future.
Web site: libertydefenseleague.com
E-Mail: tim@libertydefenseleague.com
Source:
http://www.newswithviews.com/Timothy/baldwin182.htm
Note: The following articles and/or blog posts relate to this disturbing issue-You Decide:
I. Obama: A Vary Angry Outsider Is Coming For You In November!
Posted on News With Views-By Dr. Laurie Roth-On January 27, 2012:
“The gloves come off - my claws and fangs are growing - move on out Mr. flip off America Obama. Obama is systematically and quickly putting in place a tyrannical, Communistic dictatorship. This is SO not tinfoil helmet and conspiracy theory anymore. We have already followed and watched in horror, (no thanks to mainstream news) as he signed into law the grossly unconstitutional NDAA bill, violating Posse Comitatus and our Miranda rights. This betrayal has set up the indefinite and legal seizure of conservatives and patriots who dare to confront Obama.
Obama gets to define terrorist activities before he points our soldiers at us. The NDAA Bill is war against the American constitution and the people. It must be undone by the next President. I will do that if you help me get elected. Romney won’t undo this bill because he said in the last Debate he supported it. Gingrich would be too busy opening our borders and shredding our sovereignty, per his own statements.
Obama is obviously preparing for Martial Law and massive societal controls. Notice the first time ever, massive in size, military ‘urban war practice’ in several cities across America but notably L.A. Commentator Sher Zieve pointed out on my national radio show this week about hundreds of tanks being shipped Southward in California. She also pointed out that Police have been issued military weapons and are working with the military in L.A. in urban warfare practice. The public has been ordered to stay away. Something is up. This has never happened, especially on this scale. Obama is planning for Martial law and upheaval by the public.
Remember, Obama has already activated over 72 FEMA camps and the Federal Government is now starting to pay and control various police department jobs. He has always pushed to have a national police force he controls. He now has an emerging, national police force and military that can now focus on US citizens. His plan is almost complete. This is no time to talk nice or hide in ‘sound bite’ fear.
It was never about race with me. I love black people and am thrilled there are so many black leaders all across our country. Being black has never been the issue with Obama. It is that his whole life has been supporting anti Americanism, feeding hatred for America and her Constitution. He and his wife have even attending flag burnings, per his own words. He is an enemy to America, her Constitution and Judeo-Christian values. He must be thrown out in 2012. I will do it if you will let me.
Obama has trashed the people and the Constitution with his forced and unaffordable Obama care, now being reviewed by the Supreme Court. 2/3rds of our States have stood against this forced betrayal along with 2 Federal Judges. Hiding behind all the usual games of ‘put on’ empathy and concern for America’s health needs, he created a forced dictatorial system, controlled by the IRS, filled with lies about care, taxation and threats. It was never designed to meet the health care needs of the American people but instead meant as a ‘Hilter’ like weapon of control, lead by our beloved IRS. Obama has given America, Forced Government improved health insurance; control over what was our private health care information. The IRS will know what goes in and out of our accounts and fines and threats if we don’t obey.
Our accounts would be taken over or frozen if we are too naughty and defiant about the rules. Obama care was and is only about controlling the people, our accounts, aborting more babies and assisting more seniors to death’s door. It is evil. It is unAmerican and if you elect me your ‘outsider’ President, I will destroy it using all power and legal influence I have. I will follow the U.S. Constitution to the letter.
Obama has been dismantling our military and gleefully states he plans to make it only capeable of handling a one front war for a limited time, not a two front war as we have been fighting now. Before he started dismantling our military he dismantled and assaulted our nuclear lead by signing the START treaty with Russia.
His own words, clear back in 2008 on ‘Meet the Press’ told America of his twisted and anti American world view. How is it that over half the country ignored the obvious middle finger over and over from this guy? We must learn from our mistake and never vote an unvetted and UNAmerican Candidate in again!
Obama believes that Islamic countries are peaceful and we should model the U.S. after them. What part should we model, the Sharia law part that is the skeletal structure of all their Government structures? I personally am most fond of the part in Sharia law that allows beatings and rapings of Muslim wives by Muslim husbands, execution of gays, execution of those who change to another faith, stoning or whippings of rape victims if they don’t have 4 witnesses. Then there is the peaceful wonder of constant teaching and preaching about violent Jihad and annihilation of the Infidels, Christians, Jews and people of difference.
We have seen peace unfold all over Islamic controlled Africa, with thousands of Christians being murdered and the rest ordered to leave. Nigeria is an Islamic inspired blood bath right now aimed at Christians. Egypt continues its murderous spree against Coptic Christians and attacks while threats and murders continue against Christians, Jews and anyone who wants anything different. Let’s have a moment of silence.
With all the bloody evidence whereever Islam controls anything, Obama still has quadrupled Visas to Saudi Muslims, brought in members of Hamas and employed many Muslim Brotherhood members throughout his Government. Congress and the Senate say nothing. Politicians and most media say nothing. They are simply bought off cowards!
There will be no Muslim Brotherhood, Hamas or Muslim working in my Cabinet or assigned to any Judicial position. In fact, I will work within my power to ban Sharia law from ever appearing anywhere near any US court. I am not against Muslims living in America and in peace. However, their devotion to the Koran and Sharia Law trumps any devotion and loyalty to our Constitution and laws. That is a national security risk. There have been more than a few honor killings, shootings and near terrorist attacks. There have been murders of our military at the hands of Muslim soldiers, even officers. These assaults have all been in the U.S. The Muslim perpetrators all thought they were doing their duty to Allah, not acting as criminals. We need a President who will protect America, not Muslim sensibilities and activist groups.
Obama must go in November 2012. Gingrich and Romney are no better than Obama. Between them they represent affairs, attacking our sovereignty, denying real border security, support of gay marriage, abortion, the NDAA bill, new world order and global elitism.”
Dr. Laurie Roth earned a black belt in Tae Kwon Do. In the late 90’s, Laurie hosted and produced a successful PBS television show called “CD Highway” that aired nationally on 130 TV stations.
Tune in to The Roth Show, Weeknights from 7:00 to 10:00 pm PAC and find out for yourself! You can listen live on cable radio network (live on the internet) channel 6 or visit The Roth Show web site and click on “where to listen” www.therothshow.com Call the Roth Show at: 1-866-388-9093
E-Mail: Drljroth@aol.com
Continue Reading:
http://www.newswithviews.com/Roth/laurie308.htm
II. Why Republican Politiciams Sell Us Out!
Posted on News With Views-By Publius Huldah-On January 27, 2012:
“It is a cliché to speak of “spineless Republicans”-google spineless republicans and you will see. They talk “conservative” when they campaign; but once in office, they go along with the progressive agenda. That agenda is to grow the federal government until it controls every aspect of our lives.
Why don’t they oppose the progressive agenda?[1]
Rush Limbaugh says they don’t oppose it because they want to be invited to the right parties and praised in the liberal media.
But on this, our Rush is wrong. Rush is a man of Principles; but he doesn’t understand the Constitution. So he doesn’t see that the spineless ones also don’t understand it; and that their failure to oppose the progressives stems from their lack of any Standard to guide them.
In other words, the spineless Republicans don’t know what the alternative is to the progressive agenda. They don’t know that Our Constitution created a Congress with limited and enumerated powers. They don’t know that the President’s powers are “carefully limited; both in … extent and …duration”[2] They don’t understand that limited civil government is morally superior to a fascist dictatorship. Since they don’t understand these things, they are buffeted here and there by winds which progressives blow.
Spineless Republicans are “nice.” They are “patriotic.” And that’s it. But they are men of straw because they stand for nothing. They have no Standard to guide them. So they go with the flow.
There IS a Chart and Compass for Us to Embrace
Which would Make Us Strong & Bold!
Daniel Webster [3] reportedly said:
We may be tossed upon an ocean where we can see no land nor, perhaps, the sun and stars. But there is a chart and a compass for us to study, to consult, and to obey. The chart is the Constitution.
The Bible, the Declaration of Independence and the Constitution are the Rock on which Our Country was built. Courage and Strength arise from faithfulness to Fixed Principles. It is the man with no Principles who is blown here and there by prevailing winds.[4] Strong People – people who are able to stand alone and speak Truth – are strong because of their uncompromising adherence to Principles.
Anyone who is willing to make the modest effort required to obtain a working knowledge of the Constitution would become able to stand up to the progressives and defeat them. But we must first root out of ourselves the false notion that our own ideas on what the federal government should do are “important”! We must learn that in such matters, we must adhere to a Standard - the Constitution - which transcends our own precious selves with our “views,” “opinions,” and “thoughts.” This is what Daniel Webster is telling us.
Politicians May Not Substitute Their Personal Views for The Constitution!
This is what our Framers said:
“…whensoever the general government [federal government] assumes undelegated powers, its acts are unauthoritative, void, and of no force…” Thomas Jefferson, The Kentucky Resolutions of 1798, 1st Resolution.
“…On every question of construction, carry ourselves back to the time when the constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed…” Thomas Jefferson’s letter of June 12, 1823 to William Johnson (6th para from end)
“…the way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to. Let the national government be entrusted with the defence of the nation, and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best. What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and power into one body…” Thomas Jefferson’s letter of Feb. 2, 1816 to Joseph C. Cabell (1st para). [boldface added]
The Economics Department at George Mason University provides these quotes (among others) on its page, Constitutional Limitations on Government:
“Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”—Thomas Jefferson, Letter to Albert Gallatin, 1817
“We must confine ourselves to the powers described in the Constitution, and the moment we pass it, we take an arbitrary stride towards a despotic Government.”—James Jackson, First Congress, 1st Annals of Congress, 489
“[T]he powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.”—James Madison, Speech in the Virginia Ratifying Convention, June 6, 1788
“The government of the United States is a definite government, confined to specified objects. It is not like state governments, whose powers are more general. Charity is no part of the legislative duty of the government.”—James Madison, speech in the House of Representatives, January 10, 1794
“When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.”—Thomas Jefferson to Charles Hammond,1821.
Do you see? Politicians, judges and officers have NO RIGHT to implement their own ideas of what the federal government should do.
But Today, Everyone Does What is Right in his Own Eyes.[5]
Today, it doesn’t occur to us that we must look to the Constitution to see what the federal government is permitted to do. This was illustrated on Greta van Susteren’s show (Fox News) when she asked her guests whether a legislator should vote his conscience or the way his constituents tell him to vote.
On December 18, 2009, Dick Morris mentioned that Sen. Ben Nelson (D.) was under pressure from his constituents to oppose the healthcare bill. Greta (a lawyer) asked Dick whether Nelson was “elected to exercise his judgment as to what is the best thing to do, or was he elected … to carry out what the voters want.”
Dick answered that if it is an issue “where … the voters are not as … informed as he might be … he might say, I’m going to exercise my better judgment. But when you’re dealing with something as intimate as … health care … when your constituents … are saying … don’t do this, you ought to listen.”
On February 26, 2010, Greta asked Charles Krauthammer (a lawyer) whether people we send to Congress should “vote their conscience or ours?” Krauthammer answered, “that’s the great question since Edmund Burke. He thought you should represent your conscience or your conception of what the national need is.” Krauthammer went on to say that he thinks Obama is “allowed to go ahead” with health care, and that he respects “the president’s right or ability or notion that he needs to act in the national interests as he sees it.”
Do you see? None of them understand that it is a politician’s sworn duty to obey the Constitution regardless of what he thinks or his constituents want. Van Susteren, Morris and Krauthammer thus display the existentialist mindset: That there is no objective standard outside of our own subjective “views”; and the one with the power gets to decide for all of us on the basis of his subjective views.
But that is precisely what Our Constitution was designed to protect us from: individual men imposing their subjective views on the rest of us. That is why the powers which Our Constitution does grant to the three branches of the federal government – legislative, executive, and judicial – are strictly limited and defined.
In Federalist No. 78 (5th para from the end), Alexander Hamilton addresses the precise issue raised by van Susteren. After stating the principle that the people have the right to change the established Constitution, he says:
...yet it is not to be inferred from this principle, that the representatives of the people, whenever a momentary inclination happens to lay hold of a majority of their constituents, incompatible with the provisions in the existing Constitution, would, on that account, be justifiable in a violation of those provisions; or that the courts would be under a greater obligation to connive at infractions in this shape, than when they had proceeded wholly from the cabals of the representative body. Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act...
Do you see? But those three don’t see; and with their words, they undermine Our Constitution, the concept of Enumerated Powers (that the federal government may do only what the Constitution permits them to do), and the Rule of Law (that the people in the government must obey The Constitution - not the “momentary inclination” of their constituents or their own “conception” of what is right.
Ignorance is destroying us.”
Endnotes:
1- Some Republicans are not spineless – they are committed Progressives.
2- James Madison, Federalist No. 48 (5th para).
3- The quote is generally attributed to Daniel Webster. If you see it in an online scholarly collection, please send the link.
4- Senator Bob Dole ® illustrates this. He carried the Tenth Amendment in his pocket; yet one of his proudest achievements was passage of the Americans with Disabilities Act! Where does the Constitution authorize Congress to make that law?
Speaker John Boehner doesn’t know that the Constitution sets the agenda for the Country; and that it is the enumerated powers which limit Congress’ spending. That is why he can’t control the spending even though the House Republicans have the power to do it now.
5- See Judges 17:6 & 21:25. This part of the history of the Israelites shows that when there were no judges to teach and enforce The Law, everybody did that which in his own eyes seemed right, and the Israelites suffered dreadfully. But when they had a good judge who enforced The Law (e.g., Deborah), they were able to defeat their enemies and then enjoy peace (5:31). Do you see the parallel?
Publius Huldah is a retired attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge). She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She also shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs.h
E-Mail: publiushuldah@gmail.com
Source:
http://www.newswithviews.com/Publius/huldah101.htm
III. Obama’s State Of Disunion!-Posted on News With Views-By Attorney Jonathan Emord
Author of “The Rise of Tyranny” and
”Global Censorship of Health Information”-On
January 27, 2012:
http://www.newswithviews.com/Emord/jonathan229.htm
IV. Video: Allen West to Democrats: Get your leftism the hell out of America!-Posted on The Right Scoop-By The Right Scoop-On January 28, 2012:
http://www.therightscoop.com/allen-west-to-democrats-get-your-leftism-the-hell-out-of-america/
V. Allen West: GOP Must Stop Obama’s ‘Imperial Presidency!’-Posted on NewsMax.com-By By Jim Meyers and Kathleen Walter-On January 10, 2012:
http://www.newsmax.com/Headline/West-obama-imperial-presidency/2012/01/10/id/423662
Note: My following blog posts contain numerous articles and/or blog posts and videos that relate to this disturbing issue-You Decide:
New World Order By Executive Order!
http://weroinnm.wordpress.com/2011/02/13/new-world-order-by-executive-order/
It’s Getting Very Serious Now!
http://weroinnm.wordpress.com/2009/05/15/it’s-getting-very-serious-now/
Progressive group maps out President Obama’s strategy for next 2 years!
http://weroinnm.wordpress.com/2010/11/19/progressive-group-maps-out-president-obama’s-strategy-for-next-2-years/
Nearly 80 percent don’t trust the government!
http://weroinnm.wordpress.com/2010/04/19/nearly-80-percent-don’t-trust-the-government/
Is History Repeating Itself?
http://weroinnm.wordpress.com/2010/09/20/is-history-repeating-itself/
Is it important to understand the Marxist assault on the foundations of our system?
http://weroinnm.wordpress.com/2011/01/27/is-it-important-to-understand-the-marxist-assault-on-the-foundations-of-our-system/
The Russian View of What Has Been Happening In America!
http://weroinnm.wordpress.com/2010/04/22/the-russian-view-of-what-has-been-happening-in-america-2/
Note: If you have a problem viewing any of the listed blog posts please copy web site and paste it on your browser. Be aware that some of the articles and/or blog posts or videos listed within the contents of the above blog post(s) may have been removed by this administration because they may have considered them to be too controversial. Sure seems like any subject matter that may shed some negative light on this administration is being censored-What happened to free speech?-You Decide.
“Food For Thought”
God Bless the U.S.A.!
https://www.youtube.com/watch?v=Q65KZIqay4E&feature=related
Semper Fi!
Jake
ARMY OF OUR LORD AND SAVIOUR JESUS CHRIST/ BLACK ROBED REGIMENTS/EMERGENCY RESPONSE CHAPLAINS CORPS/
