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The Obergefell v. Hodges decision is probably the worst case of legislation from the federal bench and impermissible judicial activism45 in our lifetime; it is simply the Dred Scott decision of our day. Not one shred of legislative intent, debate or ratification discussion35 as a proper legal construction is presented or is made part of the record.
This latest travesty of the Court assaults our sensibilities for the lefts latest societal change masquerading as constitutional law. It becomes another waypoint a mere moments rest as our society is radically transitioned from a Christian centered nation to a debased society where anything goes. Not by acts of Congress, or will of the people by amending the Constitution but actions of an unelected body of judges on the Supreme Court as they fulfill the desire of a select few that wish to impress their will on the nation for a society devoid of the rule of law, comity and morals.
With this decision it is the people be damned, which is dramatized by this excerpt from the majorities opinion:
“whether same-sex couples may exercise the right to marry. Were the Court to uphold the challenged laws as constitutional, it would teach the Nation that these laws are in accord with our society’s most basic compact.”
So now we are nothing but unruly children and must be taught what is best for us by these five unelected oligarchs…who never reveal where in the Constitutional record this alleged “right” is hidden other than claiming it is in the 14th Amendment.
The Supreme Court has forced bussing, school desegregation, abortion, college entrance racial quotas and divined gender discrimination all from thin air, now they come forward and find ever more rights hiding in this same Amendment. Now it’s gay marriage as a newly formed right based on what the majority calls ‘identity’ proclaimed for every State in the entire nation.
We shutter to think on how this newly formed and found ‘identity’ as a Constitutional model and principle will morph by future actions of the Court…no doubt through the 14th Amendment.
These new identity rights were found in the post civil war amendment drafted to enshrine the Civil Rights Act of 1866 and to grant former slaves separate29 but ‘equal rights’ with other Americans which were known as ‘privileges and immunities’12 under the Constitution and grant them to the freedmen who had been merely chattels as slaves by the framers of the amendment.
This is nothing short of a revolution or coup, to suddenly after 226 years find that marriage is no longer a State power under Article IV Sec. 4 and the 10th Amendment. But is now a right that had been hiding in the 14th Amendment, and that the States had been in the majority’s opinion oppressing gay couples who wished to be married:
“[t]he freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power.”
Who knew that a State government not acting in accordance with the wishes of an infinitesimally small portion (less than .052% of our population) of their citizens wishes; in this case to be married was somehow unlawful exercise of governmental power. Could this be the revolution or coup mentioned above, or is it the “judicial Putsch” that Justice Scalia called the majority’s decision in his dissenting opinion.
For a sitting Justice to use such incendiary language raises some serious questions which were not answered by Justice Scalia or the three other Justices, Roberts, Thomas and Alito in their dissenting opinions.
This led to the obvious question, is their something hiding in plain sight in the 14th Amendment that may hold the key to turn back this abysmal travesty of comity and the hijacking of our constitutional processes, and even due process itself, to allow the people the right to decide this and other matters for ourselves.
The 14th Amendment’s History
This amendment was born out of the aftermath of the civil war to grant equal but separate rights7 to the recently freed slaves that had been considered property under another travesty of the Courts opinion, Dred Scott. It was to mirror and enshrine equal rights that all Americans enjoy, to life, liberty and property, and were granted in the Civil Rights Act of 1866 9 and nothing more as the Congressional record is clear it was not to grant suffrage13 or integrate education between white and black children to the freedmen.
The States were left free to practice segregation and withhold political rights from them.
The freedmen were to be granted the right to safety in ones own being, the right to relocate and move about as one wished free from incarceration, travel restrictions or bondage, the right to purchase property, to bring suit in court and be sued and testify in court which every American enjoyed as ‘privileges and immunities’12 under the Constitution.
The leading Radical Republicans20 in Congress felt an amendment to the Constitution was needed to make the Civil Rights Act of 1866 nearly impossible to repeal, and to grant these rights in perpetuity to the freedmen. Ironically, it also strengthened the powers of suffrage and education belonging to the States to discriminate amongst their citizens which we still have today.
Discriminate means that the States decides who can vote, attend school and a host of other conditions have been retained by the States since the Constitution was ratified in 1789 as they legislate through their police powers of the 10th Amendment; and by their sovereignty of Article IV of the States Republican form of government.
The 14th Amendment has a questionable legislative and unconstitutional ratification history with ramifications steeped in the abolitionist politics of the day and covers this issue with so much intrigue and subterfuge that it begs to be revealed once again and the amendment scrapped.
Constitutional Defects
The first glaring violation of the Constitution was when the joint resolution for the proposed amendment was not submitted to President Johnson for his approval as required in Article 1 Sec. 7. It was brought to the Senate and House of Representatives attention on June 22, 1866 by President Johnson in a letter to them, and was read on the floor of the Senate, it was directed to be printed into the record of the Senate Journal (source: Library of Congress) the salient printed portion from the Journal is shown below: The representation issue that President Johnson discusses is no simple matter since it goes to the heart of the Constitutional question of representation of the States of the Union in regard to the joint resolution of Congress for what would become the 14th Amendment. This means that 23 Senators were not seated in the Senate at the time that this joint resolution was passed and barred these 11 states and New Jersey from any input on what this amendment would become, and subsequently violated Article 1, Sec. 3:
“The Senate of the United States shall be composed of two Senators from each State”
It was also in furtherance to unconstitutional acts by the 39th Congress in violation of Article V :
“No State, without its consent, shall be deprived of its equal suffrage in the Senate.”
All of this came about because the Republicans and their Radical colleagues had refused to seat the Senators and Representatives from the Southern States that had been in rebellion against the Union forces and shown in Johnson’s letter to the House and Senate of June 22, 1866:
Let’s dispense with the question of why these Senators and Representatives were not seated in Congress after being sent to Washington by their respected legislatures and citizens, as we are working from the Congressional and historical record and we will ignore the political intrigue that went on during this time, the facts speak for themselves.
With that said; it appears this was done so that this amendment could be passed in a decidedly and almost exclusively ‘Radical Republican’ Congress… Eight States sent protest by Resolution of their legislatures to Congress over these Senators and Representatives not being seated in the 39th Congress and the proposed amendment was in their opinion unconstitutional, the following States protested:
New Jersey, by Resolution of March 27, 1868 (New Jersey Acts, March 27, 1868.) 1
Alabama, by Resolution (Alabama House Journal, 1866, pp. 210-213)
Texas, by Resolution on October 15, 1866 (Texas House Journal, 1866, p. 577) 2
Arkansas, by Resolution on December 17, 1866 (Arkansas House Journal, 1866, p. 287)3
Georgia, by Resolution on November 9, 1866 (Georgia House Journal, 1866, p. 66-67)4
Florida, by Resolution of December 5, 1866 (Florida House Journal, 1866, p. 76)5
South Carolina, by Resolution of November 27, 1866 (South Carolina House Journal, 1866, pp. 33-34)6
North Carolina, by Resolution of December 6, 1866 (North Carolina Senate Journal, 1866-67, pp. 92-93)7
Without placing all the Resolutions before the reader a few of the more salient passages from some of the States will be presented, for the others the links to the notes section at the end of the dates above will allow them to be read:
New Jersey…
“they deliberately formed and carried out the design of mutilating the integrity of the United States Senate, and without any pretext or justification, other than the possession of the power, without the right, and in the palpable violation of the Constitution, ejected a member of their own body, representing this state, and thus practically denied to New Jersey its equal suffrage in the Senate, and thereby nominally secured the vote of two thirds of the said house.”
Georgia…
“Two thirds of the whole Congress never would have proposed to eleven States voluntarily to reduce their political power in the Union, and at the same time, disfranchise the larger portion of the intellect, integrity, and patriotism of eleven co-equal States.”
South Carolina…
“Hence this amendment has not been proposed by “two thirds of both Houses” of a legally constituted Congress, and is not, Constitutionally or legitimately, before a single Legislature for ratification.”
Combine these facts that the 39th Congress was a constitutionally defective seated body and a joint resolution being passed by same. Congress expected the joint resolution to be sent to the State legislatures by the Secretary of State William Henry Seward, even though it had not been submitted to the President for his signature making the joint resolution a nullity. Much less the skullduggery of removing a sitting Senator from a Northern State: causing the New Jersey legislature to protest by means of a Resolution, all of this was done to reach the 2/3rds requirement for submission to the States which would have been impossible if the Senators and Representatives had been seated from the eleven Southern States.
The Joint Resolution has Failed
The Resolution has not even been submitted to the States yet and it has failed constitutional muster at every turn, from Congress itself, and the President, two branches of our federal government on June 22, 1866. It is constitutionally and legally defective and in the words of Arkansas from their Resolution of protest of December 17, 1866:
“The Constitution authorized two thirds of both houses of Congress to propose amendments; and, as eleven States were excluded from deliberation and decision upon the one now submitted, the conclusion is inevitable that it is not proposed by legal authority, but in palpable violation of the Constitution.”
The Unconstitutional Joint Resolution of Congress is Submitted to the States Anyway
The 39th Congress itself was an unconstitutional legislative body and created a defective resolution that would become the 14th Amendment it was submitted by the Secretary of State to the State legislatures fully knowing that it was legally and constitutionally defective. It was subsequently rejected by all the Southern States along with the Northern States of Delaware, Ohio, New Jersey and Maryland:
Texas rejected the Fourteenth Amendment on October 27, 186612
Georgia rejected on November 9, 186613
Florida rejected on December 6, 186614
Alabama rejected on December 7, 186615
Arkansas rejected on December 17, 186616
North Carolina rejected on December 14, 186617
South Carolina rejected on December 20, 186618
Kentucky rejected on January 8, 186719
Virginia rejected on January 9, 186720
Louisiana rejected on February 6, 186721
Delaware rejected on February 7, 186722
Maryland rejected on March 23, 186723
Ohio rejected on January 15, 186824
Mississippi rejected on January 31, 186825
New Jersey rejected on March 24, 186826
The 14th Amendment Has Failed Ratification
As it needed twenty seven States to accept the joint resolution and only received 21 votes for ratification which left the Resolution dead and failed by an action of the duly recognized legislatures of these States by early 1867. This means that the proposed amendment has failed in fact and in law and that it could not be considered again without a new joint resolution of Congress being debated and passed by a 2/3rd majority of the House and Senate and submitted to the president for his signature.
If the constitution was being honored, much less followed that is. This is an important point as these States had another joint resolution presented to them in 1865 which they ratified and became the 13th Amendment which outlawed slavery. This could only have been done by duly elected and seated legislative body(s) of the States recognized by Secretary of State Seward to receive the joint resolution of Congress for their consideration, and by the following Presidential Proclamations of presidents Lincoln & Johnson normalizing their State governments:
This is shown by Lincoln’s No. 11 Proclamation dated December 8, 1863 on the conditions for these same States for their admittance back into the Union. On May 29, 1865 the government of North Carolina had been re-established by Proclamation of President Johnson, he did the same for Mississippi on June 13, 1865, and Georgia on June, 17, 1865, Alabama on June 21, 1865, South Carolina on June 30, 1865, Florida on July 18, 1865.
The 13th Amendment was proposed by a Joint Resolution of Congress with the Senate passing it on April 8, 1864; the House passed it on January 31, 1865 and was approved the following day February 1, 1865 by President Abraham Lincoln by signing the joint resolution, as required by Article I, Section 7 of the Constitution. The 13th Amendment was ratified by twenty seven of the thirty six states of the Union, including Virginia, Louisiana, Arkansas, South Carolina, North Carolina, Alabama, and Georgia. Since these States considered and approved the proposed Amendment, there can be no doubt that these legislatures were duly enabled, empowered and seated to consider this Amendment to the Constitution, the facts speak for themselves, since it was ratified on December 6, 1865.
On April 2, 1866, President Andrew Johnson issued a proclamation stating the following States were no longer in a state of belligerence and they were at peace with the Union:
“The insurrection which heretofore existed in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida is at an end, and is henceforth to be so regarded.”
Then on August 20, 1866 Johnson through another proclamation had declared peace and that the insurrection of the Southern States had come to an end with an understanding with Texas:
“Now, therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the insurrection which heretofore existed in the State of Texas is at an end and is to be henceforth so regarded in that State as in the other States before named in which the said insurrection was proclaimed to be at an end by the aforesaid proclamation of the 2nd day of April, 1866.
And I do further proclaim that the said insurrection is at an end and that peace, order, tranquility, and civil authority now exist in and throughout the whole of the United States of America.”
The date of these proclamations are important to this discussion as it sets the stage for what comes next as these States are now considered to be within the Union and fully part once again of our Compact in conformance with the resolutions of Congress and the Senate of 1861 and 1863. This means that these States have been recognized by the president to all the rights and privileges of the Constitution free of interference in their own internal affairs, free to pass laws, collect taxes send representatives and senators to Washington D.C. of their choosing as their legislatures are functioning within the Constitutions requirements of Article IV Sec. 4.
Congress Rains Retribution on the Southern States with the Reconstruction Acts for Failure to Ratify the 14th Amendment
To understand and fully discuss what comes next we need to set the stage on how the 37th Congress and Abraham Lincoln’s government viewed the civil war in the initial stages with almost identical Resolutions of the House of Representatives and the Senate. Here is a portion of the resolution:
This Resolution initiated the civil war for the House of Representatives, it was not a war of conquest, or of domination, but simply to reestablish the Union, in peace and prosperity and the Constitution to all States and citizens of the United States. This may have changed as the war proceeded but the evidence suggests this was so by the acts of Presidents Lincoln then Andrew Johnson. This was to be a war of reconciliation and to reestablish the Union.
Then at the conclusion of the war we have the Proclamations of President Johnson on April 2, 1866 and his Proclamation of August 20, 1866. That proclamation also informed the nation that Texas and the United States were at peace and the civil war was officially over. The 13th Amendment had been submitted to fully functional legislatures of the Southern States the preceding year and been ratified on December 6, 1865 by twenty seven States and proven by a Proclamation from Secretary of State Seward on December 18, 1865.
This also supports the objectives of the Resolution of the House of Representatives and Senate of 1861 had been achieved; now if only the 40th Congress would see it that way our history surely would have taken other directions.
The Union had been returned to a Constitutional Republic as evidenced by the 13th Amendment and the presidential proclamations of 1865 and 1866…
Congress was now going to use all the delegated and usurped powers that they could to impress on the Southern States an absolute despotism and the tyranny of martial law to force these States and people to approve the 14th Amendment by force of arms. They have taken a course that few despots had only dreamed of when they with the corruption of law, comity, fair play and honor forced their will on ten Southern States and People; it would lead to the impeachment of Andrew Johnson as well as this Congress coming off the rails as we will soon see.
The Reconstruction Act of 1867
This Act of Congress was vetoed by President Johnson on March 2nd 1867 in language that was so disturbing that it shocks the senses even today; it should be read in its entirety to grasp the full measure of the depravity that this Congress held for the Constitution, the Southern States, the President and anyone that got in their way…
Here is a sampling from Johnson’s veto and his point is well taken as he had proclaimed in August of 1866 that the nation was at peace and that civil order had been restored throughout the nation. He discusses that the courts both State and federal are open and that they are under proper authorities, and yet Congress will place ten Southern States under martial law and disband their legislatures and replace them with ones that will do the bidding of congress and their military governors:
Johnson then goes on to remind Congress that our Constitution under Article IV Sec. 4 guarantees each State a Republican form of government and that this Act of Congress will wipe that away for their own desire for revenge for not ratifying the joint resolution of Congress for the 14th Amendment. He discusses the dissolving of their duly empowered legislatures (the same ones that had ratified the 13th amendment in 1865) and the creation of military districts which will be overseen with absolute authority by military governors with the dictatorial powers of an absolute monarch:
He then tries to implore and reason with them, and that there may still be some better Angels among them as he asks them to consider that it is the Constitution that they have taken an oath to protect and defend, and this mere instrument of governance is now laying at their feet in shreds if they proceed with this dastardly plan to disenfranchise nine million citizens of their Constitutional rights:
The House overrides his veto by a vote of 173 for, 4 against and 14 abstaining in the House of Representative, the Reconstruction act with all the despotism and tyranny that Congress could muster is passed by the House, the Senate followed. This left the Southern States to be divided up into five military districts, their legislatures dissolved and martial law imposed on these Southern States:
District: State(s): Commanded by:
First Virginia Gen. John Schofield
Second North & South Carolina Gen. Daniel E. Sickles
Third Georgia, Florida, Alabama Gen. John Pope
Fourth Mississippi & Arkansas Gen. Edward Ord
Fifth Texas & Louisiana Gen. Philip H. Sheridan
These military governors and commanders had over 200,000 men under their command to carry out the orders of Congress during this period; they also dissolved the legislatures in the States above.
The irony is that in 1863 Lincoln laid out the conditions for their reentry in Union in his No. 11 Proclamation dated December 8, 1863. On May 29, 1865 the government of North Carolina had been re-established by Proclamation of President Johnson, he did the same for Mississippi on June 13, 1865, and Georgia on June, 17, 1865, Alabama on June 21, 1865, South Carolina on June 30, 1865, Florida on July 18, 1865, all of these States ratified the 13th Amendment.
These were fully functional governments that had been dissolved and reconstituted by Congress so that they could force the Southern States to ratify the 14th Amendment. These military governors set about their work with the determination of men on fire and appointed new legislators in these States Houses that would do the bidding of Congress and subsequently they took up the failed joint resolution of Congress for the 14th Amendment and recycled it as if it had never had any previous consideration in 1866.
It was ratified by what become known as rump legislatures as follows:
Arkansas on April 6, 1868.
North Carolina on July 2, 1868.
Florida on June 9, 1868.
Louisiana on July 9, 1868.
South Carolina on July 9, 1868.
Alabama on July 13, 1868.
Georgia on July 21, 1868.
Secretary of State Seward was hesitant to issue a Proclamation that announced the passage of the 14th Amendment as it had been done at the point of a bayonet after disenfranchising nine million citizens in the Southern States and his Proclamation of July 20, 1867 shows the gravity of his misgivings. He discussed the newly established legislatures and there ratification which in his mind is “questionable” in the Southern States and the withdrawal of ratification by Ohio and New Jersey:
Seward uses then uses the word “avowing” as if this statement is true, however; why did he choose this word if not to raise a question in the readers mind, after all he alluded to the fact as these are “newly constituted” and not the same legislatures that had been reestablished by Presidents Lincoln and Johnson from 1865 when the 13th Amendment was ratified. Is he saying in fact that they are different…?
Then we have question of Ohio and New Jersey withdrawing their ratification of the amendment and that he is unable to pass judgment on this fact: As a matter of law until the amendment is in fact passed a State has the right to withdraw its resolution of ratification, after the fact would be too late, though Secretary Seward has in fact received this resolution and he is unable pr unwilling to effectuate the desire of these two States… It is the States that ratify in Article V, not the federal government; the States are sovereign under Article IV, Sec 4. They have the power to determine these matters; they control the ratification process and their resolution(s) of same. The facts in this matter are clear the 14th Amendment has failed once again, as the count now is only twenty seven States with Ohio and New Jersey’s withdrawals and Nebraska entered the Union in March of 1867 making the Union 37 States, and the requirement for ratification 28 States. The States that are under martial law are being extorted and forced to do the will of Congress, when we subtract all six, then we are left with only twenty one States that ratify this amendment, leaving Secretary Seward to question the outcome for this amendment.
The matter does not end here though, after seeing Secretary Seward’s Proclamation of July 20th, Congress passes a joint resolution on the 21st of July and directs the Secretary of State to certify fully 27 States have ratified the 14th Amendment:This is good place to take a review of Article V and the powers that Congress has in this matter as they are limited to only housekeeping matters and that is, that they can “propose” amendments and specify their method of ratification, Article V:
“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
That is the extent of their powers in these matters directing the Secretary of State to ignore the withdrawal of Ohio and New Jersey is beyond their Constitutional purview as they are only given housekeeping duties in this matter and ratification power is only given to the several sovereign States.
However Secretary of State Seward is kowtowed by Congress and issues his revised Proclamation on July 28, 1868, however he certifies thirty States with inclusion of the rump legislature of Georgia which ratified it on the 21st of July 1868:
One has to wonder at this point whether this was done to guarantee that if Ohio and New Jersey challenged the ratification results since these States had withdrawn their ratification they still achieve the magic number of 28 or three quarters of the 37 States would be reached. It appears so. Another glaring issue is that the State count differs from the record in the House Journal for the concurring joint resolution which only shows 27 States, and the joint resolution in Secretary Seward’s proclamation of July 28th, shows the House certifying 29 states, absent is Georgia which the Rump legislature ratified on July 21st. Though there is a discrepancy between the House Journal and what was transmitted to Secretary Seward sometime on or before the 28th.
Gone are the concerns about the two states that have withdrawn their ratification and the legality of such, and the “newly formed governments” as well and we have a simple statement regarding New Jersey and Ohio’s withdrawal of ratification buried in the body of the proclamation showing dates of ratification and the resolution of withdrawal. Other than that he has a proclamation that did include the joint resolution of Congress of the 21st of July, and his concurrence with the instructions contained within it:
This has been a tainted and unconstitutional process from the very start and it ends with a whimper of capitulation against a Congress that used despotism and tyranny to pass this amendment for what good it does. As the 39th and 40th Congress unleashes a fury of violence across the Southern States by their tyranny and made a mockery of the principles enshrined in the Constitution. So much so that Oregon withdraws its ratification by a rescinding resolution of the 14th Amendment in October of 1868 on the grounds that it was:
“Fourteenth Amendment” had not been ratified by three fourths of the States and that the “ratifications” in the Southern States were “usurpations, unconstitutional, revolutionary and void” and that, “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”
Conclusion
The 14th Amendment was born in despotism and steeped in tyranny to suborn the Constitutional rights of this nation’s citizens both North and South with duly seated and recognized legislatures protesting this fact. The Joint Resolution of June 13, 1866 was issued by an unconstitutional Congress that did not have the mandate of this Union’s citizens when Congress refused to seat the Senators and Representatives from eleven Southern States and tainted the joint resolution from the outset. This was a Constitutional defect that could not be overcome by any Constitutional means; it was a nullity at that point as the States that been in rebellion had complied with the proclamations of Lincoln and Johnson and the resolutions of Congress for admittance back into the Union.
The joint resolution for the 14th amendment was rejected by a majority of States by early 1867 and enraged Congress which passed a series of Reconstruction Acts that was an utter despotism the likes of which had not been seen on this planet for hundreds of years before by the bitterest monarch. Law and the rule of law was suspended in the five military districts of Virginia, North & South Carolina, Georgia, Florida, Alabama, Mississippi, Arkansas, Texas and Louisiana as these States were placed under martial law and absolute despotism and coerced by the force of arms by the military commander of their district until such time as Congress felt otherwise and they passed the resolution.
The violence that these actions placed against the nation’s citizens by these unconstitutional actions at a time when no State, Territory or Possession was in rebellion or insurrection was a travesty of epic proportions as the Constitution was swept aside for mere political power, to gather then keep the vote of the freedmen in the Southern States. The Civil Rights Act of 1866 had granted privileges and immunities to the freedmen, making the 14th Amendment superfluous and unnecessary. The unconstitutionality of this amendment’s creation and the mischief it has caused since its corrupted impressing into our Constitution demands that it be ripped out by its poisonous roots and discarded before the Supreme Court can do more harm to this nation and people by the continuation of its use, which is in keeping with the depravity of its creation.
For a nation bound by the Constitutional principles found within its boundaries demands that this be done as we have a new threat that anything under the Sun will be found among its verbiage of an ever expanding 14th amendment becoming new principles in depravity. As it has only the boundary of the human mind to limit these newly found manifestations in Constitutional rights by a severely tainted court in conjunction with an unconstitutional amendment.
Congress has also been made aware of the unconstitutionality of this amendment in all its particulars and has chosen not to act, when in fact Sec. 5 of the 14th Amendment gives empowerment to Congress to enforce the provisions of this amendment.
Congress has allowed the courts and especially the Supreme Court to engage in amending the constitution by a panel of oligarchs in black robes that use it to their own ends; it is time this comes to an end.
In Liberty, while we can keep it…
Alan P. Halbert, CMBA
July 15, 2015
The conflicting messages continue with Iran this time it is from Maj. Gen. Hossein Dehqan who has also graced our pages last Saturday after wrapping up a meeting with Russia’s Defense Minister where the two discussed regional issues and defense objectives. That meeting ended with an invitation for Russia to continue talks in Tehran. Iran’s Defense Minister is now demanding that America disarm we do not want to construe their meaning so we will quote the article:
“We urge our country’s nuclear negotiators that in addition to the talks with G5-1, to focus their efforts on full nuclear, chemical and microbial disarmament of the Zionist regime, the biggest threat to the region and world’s security, as well as the disarmament of the United States.”
First we had the nuclear talks breaking up in Geneva with Iran stubbornly refusing to negotiate. Then on their next meeting Iran turned the tables on the talks with increased demands they be allowed to continue their nuclear program and their missile development was not part of the agreement, these talks broke-up in recriminations amongst the negotiators.
Iran continues to make serial demands, first with Rouhani which demanded that the USA pay Iran reparations for the laughable demand of:
“hostile policies” that have cost the Iranian people “much loss and damage,”
The we have what amounts to a bribe to continue talking, which was interesting and pointed out in our article found here. His statement proved our contention that they had in fact been practicing taqiya and had no intention of honoring the agreement, it was simply a stalling tactic and Obama took it hook, line and sinker. At least that’s the way it was meant to appear.
Then we have the Ayatollah Ali Khamenei making what appears to be an ultimatum to us and a declaration of war. The rhetoric is certainly heating up and it appears we are on a collision course with destiny. This latest demand that we disarm is to be expected, after all if we were foolish enough to take such a gesture we would be dealt a coup de grace swiftly and might I add justly if we so stupid to accept such a laughable demand. However, we must not overlook that we have Obama, Iran’s stealth weapon in the White House has spewed disinformation over Iran’s intentions over nuclear weapons.
Where Obama has issued statements that were patently false and misleading, why is the question? Here is the remark regarding Iran’s nuclear program:
“Iranian officials are citing President Obama as evidence that their leaders have issued a fatwa, or religious edict, against the use of nuclear weapons.”
What we are left with is that Obama has given Iran the same quantity of time that Benjamin Netanyahu had warned about when he spoke at the U.N. which Obama and world scoffed at. His predictions have come true and the latest bombast from Iran is that open warfare will begin soon. They have achieved their objective of their nuclear program with the willing assistance of our feckless tyrant which gave the money time and resources to become a nuclear power. For a full view of this anthology, these are the articles in serial form:
Iran Uses the Sharia Doctrine of Taqiya
Iran Unveils New Cruise Missile
Russian-Iran Trade Deal Sends Weapons & Nuclear Materials to Iran
Obama Spews Disinformation for Iran
Iran, China Form Axis Against Israel
Iran Proving to be Deceptive In Nuke Talks
Iran Ballistic Missiles Not Part of Nuke Talks
Iran Threatens Navy with Suicide Attacks
Hagel to Israel, Iran Will Not Get Nukes
Iran Did Not Disappoint Patriots & Tyrants
Iran to Obama Pay us Reparations, will He?
Iran Has The Bomb and Will Kill America
After reading each of these articles in order a frightening picture develops, one that show that Iran has achieved their objective and become a nuclear power. What is so damaging is that we had the chance to destroy this regime bent on the destruction of the ‘big and little Satan which is us and Israel, in 2009. Instead Obama chose to let the Green movement be annihilated, choosing instead to set the Sunni world on fire in Libya, Egypt, Syria, Tunisia and Yemen. This alone point’s to the fact that we have a traitor in the White House, with his actions at Benghazi chief amongst them. In his quest for a nuclear Iran, he armed Al Qeada our sworn enemy and in so doing gave, aid and comfort to our enemies, this alone is treason, the actions with Iran are simply criminal, cold and calculating when you factor in all the other actions that are destroying our nation, economically, militarily, socially, and spiritually.
He is turning this government and nation against the people and unleashed a fifth column of saboteurs loose onto our streets to induce terror and destruction in furtherance of his masters in Iran, Russia and Islam. This Son of Islam has unleashed parallel actions against this nation and people all to bring about our downfall.
We must rise to face this challenge and bring this harbinger and tyrant of our destruction to answer for his tyrannical actions against the nation. We must impeach, prosecute and punish this traitor amongst us. For if we fail in this we will be destroyed and living our last few hours in the misery of darkness, the likes of which we have never known, brought to our knees and downfall by a traitor and Son of Islam. From an original story on WND.
The truth is now starting to come like a tidal wave from the Benghazi attack, we now have conformation from an assistant to former Secretary of State Hilary Clinton by the next morning it was classified as a terrorist attack. An e-
She had also identified the attackers as the terrorist group Ansar al Sharia, and not some idle Muslims out for a stroll on 9/11 that spontaneously decided to attack our consulate over the silly video. Which at the time of the attack had only less than fifty views and another source put it at only thirty. This became the basis for the attack on our Consulate from the recommendation by Ben Rhodes and the murders of Ambassador Stevens, Sean Smith, Glen Doherty, Tyrone S. Woods by outraged Muslims. What is so egregious about this explanation is that this justified the deaths of these men in the minds of Hilary Clinton and Obama.
What world do these miscreants live in and how is it that they can accept this carnage, would we accept this type of slaughter out of any other so-
Only Islam kills, and this regime is okay with the status-
Then the arrest and conviction on trumped-
We must impeach Obama and have him stand trial along with Hilary for this conspiracy of silence and murder, for they are as equally guilty as the perpetrators of these heinous murders. From an original story on Breitbart.
We are experiencing the fruition of progressive beliefs and policies started in the 1960’s with the creation of the welfare state. It has permeated through all institutions in our nation. Liberals will not acknowledge the bitter fruit; they wrought with permissive policies of pushing personal responsibility onto government, which created the “welfare underclass.” Daniel Patrick Moynihan, one of the original architects for the society destroying policies and frankly its foremost expert on this matter named this segment of our society in his Counsel of Despair article of 1996.
When we have second and third generation recipients’ proof that these policies of “it’s for the children” is an abysmal failure. Giving away personal responsibility for meager sustenance at the hands of a benevolent state only creates more of what you have attempted to abolish and that is poverty.
We are now reaping the other side of the coin in their society destructive meme with the total disregard for others being prevalent amongst our citizens as a society conditioned to turn their back on their fellow man since charity, institutionalized by the State by Democrats and their liberal progressive advocates is for their own purpose.
As they create, hegemony of a voting pool of low information voters conditioned to free government handouts from Washington. Our local communities are best able to identify and help their neighbors much better than some government employee several thousand miles away in Washington.
So why have they created such a system if not to fundamentally change our society and nation from the inside?
These are the consequences of fifty plus years of society and soul destroying rot since it is now the responsibility of the state to care for its citizens, and not the citizens’ responsibility to care for themselves.
Democrats and progressive have deliberately thrown away the traditional concept of sovereign citizens able to care for themselves and their families making them wards of the state and the political machines setup to run them…
Judeo-Christian, values have been assaulted at every turn, which has a consequence to a society such as ours that was built on these values. Therefore, in the vacuum created by this shift towards depravity has filled the void by this massive sea change.To the point of an all out assault, on our societies founding principles as the end game for our nation’s soul.
In its place, Obama asserts that to bring peace to this rising cacophony and violence left in wake of removing these values, mores and beliefs he must change it to include only his views, while progressives, the media and his administration are using the Sandy Hook tragedy to subdue the last remaining believers in our founding principles and values, so he must disarm the nation for our own welfare.
With the declaration that Obama intends to act against our natural rights and our 2nd Amendment rights at the same time through Executive Order(s) with his “pen and phone” strategy. Circumventing Congress knowing, he cannot get any desired legislation on this issue, so he will resort to false edicts, proclamations and illegal executive orders.
All these actions were developed sometime ago, and have been waiting for the right opportunity liberals, progressives, socialists and Nazi’s are certainly devious, cunning and patient and will use any and all excuses to push their freedom and society destroying agenda at every opportunity.
However, recommendations, executive orders are done to curtail our Constitutional right to bear arms is done at the speed of light, curious, and a natural extension of a president that would deny us our natural rights and gave us Fast & Furious with hundreds of dead Mexican nationals by shamelessly arming drug cartels.
Obama’s actions against our natural rights and his intention of disarming the citizens by proclamations and edicts speak louder than words.
The question remains are the citizens listening…if they are we must see to it that Obama is impeached and our government placed onto a path of sustained freedom and liberty as soon as possible.
Citizens need to work towards repeal of the 16th Amendment to the Constitution from an out of control federal government, this amendment created the Income Tax, one hundred years ago in 1913. Repealing this amendment would place the entire question of our runaway federal government into the hands of the several States where this issue belongs in the first place. This is possibly the only way, we can rein in the ruinous spending, citizen abuse and onerous taxes from an out of control federal government, Congress has created the problem expecting them to fix it is sheer lunacy.
That is spending the nation into bankruptcy from recalcitrant policies of continual tax, borrow and spend.
Another impetus for this action is the IRS scandal that was conveniently covered-up during last election by Obama, the Treasury department, IRS Commissioner and the Inspector General by failing to inform Congress during congressional hearing’s…all to ensure Obama was reelected. This scandal has become the catalyst for sincere debate for the future of our nation based on our founding principles grounded on the foundation of our Constitution, a win-win proposition.
Repealing this onerous amendment has the bonus that the President has no say whatsoever in the matter; it is beyond his purview constitutionally it is a matter among the people and their state governments. Congress can submit a proposed amendment to the states, though the people can act alone in this matter if they choose to.
After all we are a confederation and compact of sovereign States that have formed a union having the federal governments taxing power brought into focus and placed as a constitutional amendment once again before the “People’ would short-circuit the power of the federal government and immediately bring them to heel.
The Constitution can be amended by Constitutional Conventions to implement this repeal like the repeal of the 18th Amendment (Prohibition) with the 21st Amendment, which was done by conventions in the several States.
The States have acted before with a precedent for a constitutional amendment, when FDR died in office the 22nd Amendment was brought forward and ratified in a relatively short time (in only four of the required seven year life span for the proposed amendment’s ratification).
Since the States thought, better of such long terms in office by a forceful president and the abuses heaped on the nation by FDR. Roosevelt’s Supreme Court packing scheme was chief amongst these, with much the same type of machinations as we are experiencing with Obama. He was famous for his abuse of power through the IRS and speaks to the coercion that president’s have abused through the abomination of the Income Tax with the IRS as their henchmen against the nations citizens, as their political enemies.
Congress must also pass a balanced budget requirement as well, and eliminate borrowing. It must also commit to the destruction of the Federal Reserve as a central bank to return this nation to constitutionally gold-based currency. We must take these steps to restore solvency and take our monetary system and economy away from this government instrumentality, known as the FED that continuously refuses repeated, audits by Congress, which places their actions beyond the ability of the people to control.
The latest monumental legislative overreach Obamacare, foisted on the nation from a Democrat controlled Congress without one Republican vote. The Supreme Court contorted law, logic and reason to approve this legislative nightmare, forcing all citizens to engage in commerce of the Democrats choosing. The legislation screams from the rooftops that our system is broken and in need of repair if we are to keep our Constitutional Republic.
Having the IRS carryout this national disgrace disguised as healthcare would mean wholesale abuse of citizens on a scale that we have never seen before, and would create anarchy in short order, and is probably why Homeland Security is beefing up their offensive capabilities.
These steps must be taken if we are to return to fiscal responsibility and break the hold of identity politics that have gripped this nation since the 1930’s, first with Roosevelt and radically expanded during the Johnson administration with the creation of the Welfare State and the entitlement mentality, to today’s abuses in the age of Obama.
With the repeal of the 16th amendment, our entire federal bureaucracy and Washington’s overreach is immediately eliminated and governmental power would revert to the States and the People. It would also have the added benefit of breaking the disgraceful hold of the Left and the Democrats propensity for creating divisive electorate groups out of thin air based on anger, envy, sex, income, race, creed, religion, national origin, sexual orientation and eliminate the class warfare that they set against the nation and its unsuspecting people.
Ultimately, it would destroy their ability to re-distribute the nations treasure and our citizen’s personal incomes, wages and labors as they see, fit regardless of the destructive consequences they create and has become evident by the moribund economy and loss of economic opportunity.
After all our current troubles are because of the Democrats efforts to create the current entitlement culture and economy, much less expand it, even after its toxic effects have become evident. The elimination of the 16th Amendment would simply obliterate the Left and their destructive politics based on other people’s incomes and their abhorrent identity politics on which the Democrats continuously pander.
The Democrats and their leftist supporters would show the ugly face behind the mask and reveal how subversive they really are to the American people. They would object to the proposed Amendment(s) and their power base of unions, so-called poor, minorities, government workers, teachers etc., would come out in full force in massive protests.
It would pull the rug out from under them and lead to the current destruction of their hegemony for all time…
I say good riddance…
On the other hand, if we continue to go down the rabbit hole of Socialism we will lose our designation as a “Free and Able People.” This is what is at stake if we do not turn away from this course.
The 17th Amendment must be repealed along with the 16th to replace the balance of power between the Federal Government and States interests as the Constitution originally intended!
Our Republic stands on the brink, while Washington acts against the interests of the people, and it is only through the people that our system of government will be saved…
Will we fail to act, or act to restore the Republic, the choice is ours and ours alone to make.
After living through the last five Obama years and seeing the parallels to the 1930’s and 40’s economically, politically and now militarily we can draw some direct conclusions about the mania that gripped Germany and her people during these tragic years. Growing up in the early 1960’s we were taught that the hysteria and cult of personality that the Germans embraced with Hitler could never happen here as we were an open society that embraced the individual and championed success by our own efforts and literally by the sweat of our brow.
We were taught that America is a land of equal opportunity, open to all, and all you needed to do was take the bull by the horns, work hard and persevere to be successful.
That was then, today we have a society that is a much darker place, with the constant droning of class warfare and polarization from the left and Obama in particular is so different from the uplifting lessons I was taught in grade school, then later in Junior High and High School. We learned about men like, Fulton, Samuel Morse, Andrew Carnegie, Thomas Edison, Nikola Tesla and so many others, men and women that blazed new trails and reached new heights in technology, medicine and science, which a young nation could adopt, use and prosper by embracing.
It simply gave us the world’s highest standard of living, and an economy, second to none.
That all started to change in the late 1960’s when the Vietnam War started by JFK and expanded under Johnson, along came the constant protests and outright hostility towards young men who faithfully answered their governments call, drafted into service to fight overseas. Colleges became a hotbed of subversion and riots culminating in the shootings at Kent State by the National Guard, a dark day in our history to be sure. However, out of that came a cancer that slowly metastasized by constant infection of our young and impressionable minds on college and university campuses across the nation.
Indoctrination of the young was the favored method to spread this democracy destroying belief, from one mind to another to the point that these young men and women of the 60’s are the leaders of today. Whether in the cloister of university lounges, the halls of power in Washington, or the news studios of New York, Los Angeles and most other large cities in America.
The takeover was bloodless and complete.
We now have at last arrived at the place the Germans were in the 1930’s with a people conditioned to obey their masters or political betters, I use these terms because we do not have leaders anymore only one narcissist wonk after another, they are anything but leaders. Here we are 50 years later after throwing out the principles that built our nation, hard work, determination, sheer vision and fortitude for a kinder, gentler entitlement society that has banned words, thoughts and deeds as hateful and success as scornful. We now have a usurper in the White House who is given a pass on every reasonable measure of accomplishment since Obama is of such a historical stature that the aforementioned words, deeds and actions do not apply to this president, at all.
I cannot help but think that the premature award of a Nobel Peace Prize foreshadowed this presidency as being hollow, ideologically driven and devoid of any meaningful accomplishment other than destroying all that came before and like Hitler has left him immune to criticism. What is stranger still is the steadfast belief of his supporters that refuse to accept any meaningful measure of success when faced with never ending failures and are willing to believe the thinnest of lies that deflect responsibility to others for the failure of his economic, domestic or foreign policies.
Clearly, this then becomes a cult of personality and like Hitler, when their nation was plunged into war and the Gestapo ran roughshod over the German people as they tried to keep the Holocaust and Slave labor camps secret, and all the other depravities they whispered among themselves, “If only the Führer knew.” These people were not much different from our nation’s people, and the hard core Nazi of their day is not much different from the rabid leftist progressive of today, that finds fault with everyone except Obama for his failed agenda,. The abuse of power though is applauded and even sanctioned by the fellow travelers of his political party, how is this different than the state sanctioned terror and abuse heaped on the Jews? If Obama had his way necks would stretch, which is what all the abuse of power is all about, destroying your enemies. The only difference between then and now is that the world has not been plunged into a world war, quite yet, however there is still time to change course.
Please get involved with the Convention of States project or any other organization that is working towards amending the Constitution in your area, to place this nation back once again into the constitutional box where it belongs instead of the bloated monster it has become.
To end this abysmal cult of personality, before it is too late.
In Liberty
Do we know what it is they want?
Yes, they have been plain as day about it and we know that they are using our institutions against us to the point of arrogance with a dismissive attitude that just begs for a counter attack. The left can only win if we play their game.
I suggest we play ours.
One of the avenues I have been exploring is the roots of this madness and it began in the 1890’s with the advent of the “Progressive Movement” and came to fruition under Woodrow Wilson as the nation’s first progressive president. Wilson inherited four Constitutional Amendments through ratification or their becoming effective.
16th ratified 1913, The creation of the Income Tax
17th ratified 1913, Popular election of Senators
18th ratified 1919, Prohibition
19th ratified 1920, Women’s Suffrage gave women the right to vote
Let us just accept the fact that under Wilson this movement “baked-in” the cataclysm that we are seeing today by using the Constitution as the vehicle for our society’s current changes. Wilson either by design or by default was the president in office and recipient of the most Constitutional Amendments after the “Bill of Rights” was ratified in 1791, which codified our rights in relation to the government.
If we examine these amendments, we see the powerful hand that shaped our society to what we have today. By taking each in turn, we will see that they have been used or corrupted for less than noble ends.
The 16th Amendment has been the vehicle to grow the federal government to the size it is today by the collection of Income Taxes where 91% of the Federal tax revenue comes from. The income tax as originally proposed was to be a modest tax only for the wealthiest amongst us would pay, (where have we heard this before). It was not to be used to re-distribute wealth from one segment of our society to another as we have today; it was simply to fund the government. As a practical matter, this is what it has wrought, as 48% of our citizens pay no Federal Income taxes (takers), or receives more than they paid in benefits with the other 52% (makers) shouldering the takers burden as well as their own.
Popular election of Senators, with the 17th Amendment was a terrible mistake that dissolved the States of their duty under the Constitution to monitor and direct their Senators in federal legislation. To keep their finger on the pulse and direction of the Federal Government in-check, since prior to this amendment they could appoint, recall and direct a Senators actions and voting in the Senate. This is an important point, as the States are the only entities that can amend the Constitution.
Congress can only suggest an amendment the States ratify them.
They also originally ceded a small portion of their sovereignty to create the Federal Government at the Constitutional Convention in 1787 as a limited government of modest means with the States holding police powers and the ultimate power, power to amend with the federal authority constrained by negative rights…
As Jefferson so eloquently defined:
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”
In the end States define what the Federal Government actually is, through the Constitution.
This is now used by default to expand federal powers, as Congress is free of State oversight. Since Senators have fallen to the craven lot of most all other elected officials, of avoiding all semblance of controversy, which could sour their chances at re-election…and gives emphasis to the corrupt practice of redistribution of federal revenues through largess to their constituents.
Prohibition through the 18th Amendment points the way to the social engineering to come, through a matter of law, which ignored human nature, with the creation of the welfare state, drug laws, prohibiting gambling, gun control, legislation of morality etc… This particular amendment unleashed a torrent of rampant crime and violence upon the nation and left us with the legacy of organized crime, which we have with us today.
Prohibition was repealed through the 21st Amendment in 1933. This Caused Congress to bring forth the first gun control act the National Firearms Act better known as the NFA of 1934 due to the violence seen with Prohibition. This is the basis for Senator Feinstein’s Assault Weapon Ban 2013 we see today. All of this has cascaded forward by the changes to our government as defined in the 18th Amendment ratified in 1919; amendments to our Constitution have powerful consequences.
Giving women the right to vote with 19th Amendment pointed the way to use legislation in other areas of social engineering, as was done with Prohibition. Frankly, its time had come to bring equality to women on an intellectual level and recognition of their unalienable rights. The outcome however has become a wedge between the sexes, only because the left uses women’s gender as a club against men and society in general.
Social engineering from the left has created its latest darling and disaffected group, “Gay” rights, along with the abhorrent Violence Against Women’s Act, which has created more single parent families than Welfare alone. Obama continually panders to these predominately-single woman households as just one of his electorates for his continual re-distribution schemes.
The federal government has no business in States Powers or the rights of their citizens or these issues, much less legislating morality for the nation at large. So given all of these redefinitions to the Constitution (federal government) points the way in which we can deal a deathblow to the left. They have patiently waited 100 years to bear the bitter fruit we see today through these amendments.
Which means we can do the same to redefine what the Federal Government is and more importantly what it is…NOT!
We can affect permanent changes to our nation by using these same methods to defeat the left by repealing the 16th and 17th amendments, which would restore power to the States and people where it belongs. Utah was the only State in the nation to reject both the 16th & 17th Amendment and saw the destructive power behind them for what they were, I am proud to call Utah my home.
Others have argued that the 16th Amendment was never properly ratified and became a law that never was.
Thinking that if we just elect the “right” people to Washington to solve our dilemma is a fool’s errand as Washington is the problem as Reagan so eloquently said. One hundred years of the corrupting influence and trillions of dollars that have flowed to politicians to re-distribute to their electorates is too powerful to defeat by a federal legislature redefined to do just that by these amendments.
The solution must come from the people as a grass-roots effort to wrest control back from the corrupting environ of Washington and back to the state and local level where it belongs where “We The People” can monitor and once again control. We must demand a Constitutional dialog and amendments to rein-in all the elements arrayed against the citizen and nation.
Preferably through Constitutional Conventions as outlined in Article V to redefine the federal government once again. This would be free from interference from federal legislators and be firmly in the hands of the people the same as was done for the repeal of the 18th Amendment through the 21St in Sec. 3 shown below:
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
NOTE:
Bold and underlined text is my emphasis.
This is the only peaceful means to effect permanent change as any other method using elections, legislation, or the courts will just mean constant battles and skirmishes with the progressive left in perpetuity until they eventually win!
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