Author Archives: Jasonthepatriot

What to do about the same sex marriage ruling?

In the area of federalism, the States have an unequivocal right to have their own State Constitutions which coincides with the Federal Constitution, and the people of the individual States have an unequivocal right to amend those individual state constitutions. The US Constitution declares this statement to be a fact. In the tenth amendment we read:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

and the Ninth Amendment of the US Constitution reads:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

One of the duties of the Federal government is to protect the right of the State and of the people to govern the individual States accordingly. As we read in Article Four Section Four:
“The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.”
With this being said on December 20, 2013 a Federal court Judge Shelby pinned his opinion that Utah’s amendment three was unconstitutional. Which violates these three clauses with in the US Constitution, which is the Supreme Law of the Land. As laid out in Article Six Section Two, which reads:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
They also violated their Oath of office as well, as mentioned in Article Six Section Three:

“The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.”

With these blatant attacks by the Federal government upon the Law, it is the Duty of the States to Enforce the Law. Since it was the People that created the States and the States that created the Federal government. James Madison commonly known as the Father of the Constitution stated this regarding enforcing the Constitution against such abuses committed by the Federal government.

“The resolution, having taken this view of the federal compact, proceeds to infer, that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them.”
“It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts, that, where resort can be had to no tribunal, superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made has been pursued or violated. The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and, consequently, that, as the. parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition.”

Since we are Nullifying a Court opinion in order to enforce our own State Constitution as well as the Federal Constitution. I find it prudent to mention these comments from the opinion of the Supreme Court in the renown court case Marbury vs. Madison which reads.

“Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.”

In that same court opinion we read.
“It is also not entirely unworthy of observation that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank.
Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.”

An Act of the Legislature of the State of Utah to nullify the ruling of Judge Shelby on December 20, 2013

RESOLVED, That the Legislature of the State of Utah, doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

Resolved, That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it’s existence and the public happiness.

Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

Resolved, That the Constitution of the United States, having delegated to Congress specific, enumerated powers; and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the act of Court, passed on the 20th day of December, is altogether void, and of no force; and that the power to act in this matter is not granted to the United States Government by the United States Constitution.

Resolved, That the Legislature of the State of Utah doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the States are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

Resolved, That this Legislature doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former Articles of Confederation were the less liable to be misconstrued) so as to destroy their meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the States by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings, including recent acts of the national legislative, executive and federal court decisions) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution, the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their powers by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles call for immediate redress.

Resolved, That this Legislature doth particularly protest against the palpable and alarming infractions of the Constitution, in the case of the ruling passed at the Federal Court in the jurisdiction of Utah; which exercises a power no where delegated to the federal government, and which subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; additionally, the act exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by two of the amendments thereto.

Resolved, That faithful to the United States Constitution, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore the State of Utah is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, the State of Utah, from motives of regard and respect for its co States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the act before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, and the barrier of the Constitution thus swept away from us all, no ramparts now remains against the passions and the powers of a majority in Congress to protect the minority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Act, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits, Let him say what the government is, if it be not a tyranny, which the men of our choice have con erred on our President, and the President of our choice has assented to. In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That the State of Utah does therefore call on its co-States for an expression of their sentiments on the aforementioned act, plainly declaring whether this act is or is not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with the State of Utah in considering the said act as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely as the cases made federal, casus fœderis but), in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring this act void, and of no force, and will each take measures of its own for providing that neither this act, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shalt be exercised within their respective territories.

Resolved, That the good people of the State of Utah, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other States; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the Legislature of the State of Utah doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this State in declaring, as it does hereby declare, that the act aforesaid, is unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this State, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

Resolved, That the Governor be desired, to transmit a copy of the foregoing Resolution to the executive authority of each of the other States, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this State in the Congress of the United States.

Agreed to: —Date—

nationalmonument

The Proper Role of Government

I felt inspired to write this article as to what the proper role of governance should be, because I feel that as Americans living in this land of Liberty. We have strayed from some extremely important principles. When describing my thoughts on this important subject my mind drifts to one of our national monuments, a truly beautiful national treasure located in Plymouth, Massachusetts, The National Monument to our forefathers. Yep, you guessed it the same location that the pilgrims landed as they escaped Great Brittan the King and his church so that they may worship freely by the dictates of their own conscience. Once arrived to the new world, these extremely faithful pioneers of ours set up a system of governance for them as well as the secular few that traveled with them. A system of governance governed by law, known as the Magna Carta. This sacred document helped paved the way for equal protection under the law, mercy under the law, protections for our God given rights as laid out perfectly in the Bible. Those rights includes the freedom to own and be safe with in one’s property. The freedom to worship to the dictates of ones own conscience. The freedom to speak freely and to print what’s on our minds at any particular time. The right to migrate to and from different lands. The freedom to defend our family, friends and loved ones, to defend our property how ever we deem worthy. Lastly the freedom to buy and sell and trade freely. All of these principles were later laid out in the Declaration of Independence where we declared to the world that we were seceding from the British Empire, because the king was in violation of all of these God given rights.  After the bloody revolution where the founders defended their home land from the tyrannical king. They formed a new Constitution with these same truths that God gave unto us. That Sacred Constitution that they wrote in 1787 with the Bill of Rights in 1789 which is still the Supreme Law of the Land today, and it’s about time we start enforcing it once again.

The National Monument to the Forefathers, was first funded by the first Congress of these States united by donations, the State of Massachusetts also donated to the cause during the founding era, as did Abraham Lincoln some years later, and it was completed in August 1st 1889. It currently resides in a quite little neighborhood being forgotten about by most of America. Not even the citizens of the State of Massachusetts knows anything about it. She stands 81 feet tall and is the Nation’s largest pure granite monument, and yet she has and continues to be withering away into disrepair. Her fingers are missing and a birds nest that no one has bothered to clean up still is sitting upon her head. She doesn’t have any lights on her at nights, and the schools refuse to teach the children about her.

Now you may be wondering by now as to why I am calling this article the proper role of government, but yet talking about this important and yet forgotten and neglected monument? It is because after I have studied the monument in it’s entirety, I realized a whole slew of symbolism and how that symbolism matches the proper role of government. The set of symbols that I would like to start off with is with the lady named Faith.

faith

If you look carefully you will see that her finger is pointing to Heaven, symbolizing her faith in God in Heaven, and His guidance with in our nation’s affairs. Next you will see an open Bible symbolizing that she reads it continuously. Leading us to the star on her head, symbolizing knowledge from the Holy scriptures and of God with in Heaven. Lastly she is first, hence the reason why she is on top and the tallest one. It is because ones faith in God comes first in their belief in God, and with out faith it ALL falls apart.

-Morality
morality

If we now look carefully at Morality’s eyes, you will see them blank or empty. The reason being is because ones moral values starts with in the individual’s heart and not this top down approach much like the old church of England used to practice. Drawing a clear line in the sand as to what a real Christian was vs. one that is simply on the church’s rolls. Creating a real change of heart. Now what is she holding in both of her hands? It is the Ten Commandments and the book of revelation. This is one is tricky with out mentioning the side picture known as the evangelist.
evangalist
The Ten Commandments symbolize a basic standard of what to do and what not to do in a civil
society:
Thou shalt not steal.
Thou shalt not covet another man’s property.
Thou shalt not commit murder.
Thou shalt not commit adultery.
Thou shalt not have other Gods before me
Thou shalt not make false Idols
Thou shalt not take the Lord thy God’s name in vain
Remember and keep the Sabbath Day Holy
Honour thy Mother and Father
Thou shalt not bare false witness against another

The evangelist symbolizes the need for the gospels with in the new testament, the great liberating gospel, because it was Christ that came to set us free. Lastly the book of revelation is to symbolize that this Land of Liberty, this country, this time in history has been prophesied of by prophets of old and it is our job to go forth and preach the Doctrines of Christ and to raise the warning call to the world that the time of His second coming is nigh, and that this land is a refuge from the coming storms ahead. I also would like to personally add that part of morality is staying true and faithful to ones word, ones promises, ones covenants and oaths of alliance. To prove this fact the founders added two clauses with in the Constitution showing the complete importance of such concepts. Article Two Section 10 is the oath for the President, and Article Six Section 3 is the oath for all public servants even on down to the dog catcher. That oath (promise) is to uphold and defend the Constitution of the United States of America from enemies foreign and domestic. In fact when George Washington was sworn into the presidency for the first time  he added “so help me God”, making that promise binding between him, his country, and his maker. That line is still there today (thankfully).

- Law
Law

We just got done talking about morality, and the natural progression is Law. For it takes Law that is based off of God’s Laws to establish civility and order which we saw with in the Magna Carta, which we also saw with in our Declaration of Independence declaring to the world that we were establishing a new nation of safety and refuge from the storm, and which we saw with in the Constitution (which is still the Supreme Law of the land). If we look at the one hand he is holding up the law symbolizing the written law (the Magna Carta which later morphed into the Constitution) which is also based off of God’s laws. Then if we look at the other hand being held out, it is symbolizing mercy. For in a civil society both are necessary and important principles to have. The law showing what the law is, and mercy towards those receiving justice, everyone is supposed to  receive an equal amount of justice (equality under the law).
justice    mercy

Which leads us into the side pictures on both sides of Law. The one being of Justice and the her holding up the scales of justice. In order to administer justice equally under the law regardless of whom someone was (full equality under the law). Then on the other side Mercy which I covered a little bit on, but to go into a little more detail. In past societies there wasn’t much mercy applied to administration of the law. If the kings wanted to lock you up in the stockaid or sentence you to death that was the end of it. With in the new testament Christ fulfilled the law by stepping in as the mediator (atonement). He also forgave the sinner and not the sin. So given the fact that we as humans we can not atone for another man’s misdeeds. We have to have a means for mercy to be applied with in civil society. That means is known as juries and being tried by the a body of ones peers. Which we see in Amendments Five, Six, and Seventh amendments with in the Bill of Rights of the US Constitution. We also see mercy being offered up under Amendment Eight, no unfair or cruel punishment exceeding twenty dollars. Lastly the Fifth Amendment no person may be held to answer for a capital or  otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. As well as being free to not incriminate ones self or the theft of ones property.

- Education
Education
For the establishment of Faith in God, Society’s focus upon Morality, and with the establishment of Law, a society can now be free to educate their youth or future prosperity. As we look at this young woman you will notice that she is wearing a wreath of victory upon her head. Why? It’s because she is with in Victory knowing that she has raised her children up in the ways of truth and light, and how to keep a Free society. Teaching them out of the book of knowledge that she has opened up and pointing to.

youth

If we look at the side picture it shows her little boy with a scroll writing and her with a book. Symbolizing trained with in their youth. It is the parents responsibility to teach and educate ones own children, and no one else. No central public school system, and no other person may teach another’s children, it is the parent’s sole responsibility.
wisdom
As we look on the other side of lady education, we will find yet another picture. This time being of an elderly old man with a world globe on one side and the ten commandments and an open bible on the other side. This symbolizes the need for the older generation to teach their children and their grandchildren utilizing their wisdom, to teach them just how the world works from a biblical perspective. So with Faith in God, inner morality, the written law, education, we are now ready for the last and final statue. Known as Liberty man. Which is the end result of the matrix comprised of Faith in God, Inner Morality, Written Law, and Education.

-Liberty

libertyman libertydefeatingtyranny

Liberty Man is my favorite out of all the statues. He has a sword in one hand ready to defend his home, family, and country if needs be. In the other hand he is holding the chains and shackles of tyranny, symbolizing breaking the chains of tyranny and being a Free man. On his side you will see a lion’s head and a claw on his shoulder, symbolizing the tyrannical British Empire that we slew three separate times. Once peacefully by leaving the homeland and fleeing to this new world (the pilgrims). The second time was during the revolution, and  the third time was during the War of 1812. The picture on the side is Liberty man standing upon tyranny man, symbolizing victory.
libertypeace

Lastly the picture of peace, the prince of peace. For the purpose of seeking for peace first by all means before one fights. Much like what the founders of this nation did for about fifty years before the revolutionary war started. Even after the war had started they still attempted one last peaceful means of rectifying the wrongs committed by the king.

In closing we as a society must apply these five principles in order to remain free. We must return to these basic eternal principles in order to restore our freedom. We must remember who we are. I have faith in America, and her people, and together we can and will take back our country. For further reading as to the proper role of governance I recommend for your reading. The Law by Frederic Bastiat as well as The Proper Role of Government by Ezra Taft Benson.

Legislation to Resolve the federal land issue regarding the BLM.

Introductory Statement Declaring the Historical Context of Nullification and the Intent of this Resolution:

Those who loved the Americanist concepts of a national government whose powers are limited, few, and defined (constrained by the specific powers enumerated in the United States Constitution to operate only within the jurisdictional scope granted by the Constitution) were appalled with the passage of the Alien and Sedition Acts by the United States Congress in 1798. The Congress and the Executive ignored the limits and bounds of the national government as established within the United States Constitution and the Bill of Rights in their passage and signing of that act. Some States decided to exercise their right of refusal to this usurpation. Thomas Jefferson, the principle author of the Declaration of Independence, and James Madison, the “Father of the Constitution,” collaborated in assisting Virginia and Kentucky in their effort to protest and nullify this egregious act by the national government.

The Kentucky Resolution was adopted by the Kentucky Legislature 10 November 1798, and the Virginia Resolution was adopted by the Virginia Senate 24 December 1798. Those resolutions were abbreviated and collated together to preserve the language and intent expressed by Jefferson, Madison, and the Kentucky and Virginia Legislatures in the following modern resolution protesting against and expressing the intention of the State of Utah to nullify the current usurpation attempt by the national government in regards to .

The language of this resolution is the language of Jefferson and Madison—as expressed in the Kentucky and Virginia Resolutions, applied to the modern usurpation. It eloquently clearly explains, justifies, and expresses the constitutionally-sound doctrine as the original intent of those principle founders who established the United States of America. As enunciated in the following resolution, the doctrine of nullification was a sacredly-held power of the States to check and balance a national government that violated the charter which established it. The logic is concise, clear, and unassailable. The States which created the national government retained the constitutional right of refusal when faced by a usurping government. The doctrine of nullification was considered in many instances by several States during the founding era, and was taught in Constitutional Law classes at the United States Military Academy at West Point in the early decades after the Academy was established.

Many examples of nullification exist in the history of the United States. Some occurred because some States simply refused to comply with a federal directive (such as the “Real ID Act”), others when the courts ignored the directive, and others when individual juries refused to convict when faced with an individual who violated federal law (such as often occurred in cases involving the “Fugitive Slave Act”). In light of egregious usurpations of recent modern congresses and the executive branch, it is time reinvigorate the understanding and application of the sound doctrine of nullification!

The so-called “supremacy clause” of the United States Constitution (Article VI, clause 2) only grants supremacy to the national government in the area of jurisdiction established within and by the United States Constitution. It does not create an overarching power to usurp power not granted within the Constitution. The Ninth and Tenth Amendments explicitly reiterate this fact:

Amendment IX:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Amendment X:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Appropriate Constitutional processes by which un-Constitutional acts may be corrected include:

1. Repeal of the offending matter in the national Congress via the normal process defined in Article I, Section Seven of the United States Constitution.

2. De-fund the offending act to assure that it may not be carried out. Article I, Section Seven requires congressional approval of all funds to be expended by the national government, and Article I, Section Nine, clause 7 requires that no monies be drawn but in consequence of a legislative appropriation. Congress controls the nation’s money, not the Executive.

3. Seek relief through the courts.

4. Nullification by State Legislatures.

Reprisals by the Federal Government?

States which nullify an unconstitutional law or refuse compliance with an order from an unlawful agency naturally fear reprisal by the national government. This could take the form of denial of federal funds (that is how conformance is often assured in the first place) or even imprisonment of token individuals. Thomas Jefferson proposed the solution to challenges such as this, saying:

“I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.

“This is the true corrective of abuses of constitutional power…” (Bergh, The Writings of Thomas Jefferson, vol. 15, page 278)

Nullification is a valid Constitutional solution to a usurping national government.
An Act of the Legislature of the State of Utah to nullify The Enabling Act of 1934, Taylor Grazing Act, Stock Raising Homestead Act.

RESOLVED, That the Legislature of the State of Utah, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

Resolved, That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it’s existence and the public happiness.

Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

Resolved, That the Constitution of the United States, having delegated to Congress specific, enumerated powers; and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the act of Congress, passed on the th day of , , and entitled, “ ” is altogether void, and of no force; and that the power to act in this matter is not granted to the United States Government by the United States Constitution.

Resolved, That the Legislature of the State of Utah doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the States are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

Resolved, That this Legislature doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former Articles of Confederation were the less liable to be misconstrued) so as to destroy their meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the States by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings, including recent acts of the national legislative, executive and federal court decisions) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution, the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their powers by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles call for immediate redress.

Resolved, That this Legislature doth particularly protest against the palpable and alarming infractions of the Constitution, in the case of the “ Act” passed at the last session of Congress; which exercises a power no where delegated to the federal government, and which subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; additionally, the act exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by two of the amendments thereto.

Resolved, That faithful to the United States Constitution, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore the State of Utah is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, the State of Utah, from motives of regard and respect for its co States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the act before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, and the barrier of the Constitution thus swept away from us all, no ramparts now remains against the passions and the powers of a majority in Congress to protect the minority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Act, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits, Let him say what the government is, if it be not a tyranny, which the men of our choice have con erred on our President, and the President of our choice has assented to. In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That the State of Utah does therefore call on its co-States for an expression of their sentiments on the aforementioned act, plainly declaring whether this act is or is not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with the State of Utah in considering the said act as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely as the cases made federal, casus fœderis but), in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring this act void, and of no force, and will each take measures of its own for providing that neither this act, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shalt be exercised within their respective territories.

Resolved, That the good people of the State of Utah, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other States; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the Legislature of the State of Utah doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this State in declaring, as it does hereby declare, that the act aforesaid, is unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this State, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

Resolved, That the Governor be desired, to transmit a copy of the foregoing Resolution to the executive authority of each of the other States, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this State in the Congress of the United States.

Agreed to: —Date—

Why I am running for House District 64

The reason as to why I am running is out of concern for my country and my country men, and the direction that our nation is heading. I was also concerned at the direction that Utah is heading as well. I thought to myself what was one to do? Well the answer was and still is that we must cleanse the inner vessel if we were ever to save the Republic. After all, to preserve the nation first and foremost starts with the individual, then the local communities, then the States, and lastly the Nation. Like John Adams stated concerning our sacred US Constitution.

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

If we look at the State legislature for example, they are a pretty poor example of what a Constitutionally limited government is supposed to look like. In fact I’d argue that our State is quickly moving towards California, in regards to political ideology. With an average of 600 new laws being passed per year, with the proposals of California styled same gender laws, and proposed six million dollar tax incentives being offered to the NSA. My wish is to unite upon common ground and repeal any law that is in conflict with the State and Federal constitutions. To reduce taxation and to balance our own books with in this wonderful sovereign State of Utah. I could speak as to many other issues and or threats with in this State, whether it be Common Core, expansion of Medicaid part D, or any other issue that the Feds are forcing upon our free will at this current time. Which may I add; I am opposed too and have a plan for each important issue. The issues that I would like to speak to you about today is the issues of calling for a modern day constitutional convention and Nullification.

The resolution to call for one ambiguous constitutional convention call, has started right here in Utah since 2010 by representatives Ken Ivory, former representative Brad Daw, current State Senator Wayne Niederhauser, Speaker of the House Becky Lockhart, Governor Gary Herbert and others. All of which are republicans and are a part of the republican establishment in our State. All have been strong arming behind closed doors other elected representatives and senators for this Con Con (Constitutional Convention) agenda. This last year they even blocked and censored public comment on this very subject. Since 2010 they have blocked all attempts to nullify unconstitutional federal laws, such as Obamacare (ACA), and future and past unconstitutional anti-gun laws which are in conflict with the 2nd Amendment, etc. Please see both of my articles on the Con Con and the principle of Nullification on my campaign website at jasonthepatriot.com.

It was, thanks to God the almighty, that we preserved that last thread of the Constitution instead of severing it, with the stopping of the Con Con call (for now). My question to you is Why would the republican establishment work to block nullification on any future anti-gun bills last year? Why would the republican establishment block the nullification of Obamacare last year? Why would they want the feds to dictate to this Great Sovereign State of Utah what is NOT in Utah’s best interest? Why would the republican establishment work repetitively to call for one ambiguous constitutional convention call, while calling it by another name (Article V Convention)? What is their agenda? In this race for the House District 64, before I sought for the council with the Lord, I noticed that we didn’t have a good republican choice that would have a back bone to stand up to the republican establishment in this State, and the feds. The question is why? We need Independent voices on the floor of the State House. We need Honesty and Transparency. We need Traditional Moral Values.

Therefore: I commit to the unraveling of the insidious Common Core standards! I commit to showing a back bone to the Feds and our State leadership! I commit to promote a policy of nullifying unconstitutional, and therefore unlawful Federal laws and acts. I will continue to work tirelessly against any call for a constitutional convention, as well as encourage other States to rescind their calls! I commit to Stand in Defense of all individual God ordained rights, such as the right to defend ones self, property, persons and family! As well as ones right to own and control their own property! I commit to exposing corruption from within! I commit to Stand with our duly elected County Sheriffs in their efforts to stand by and defend our constitutionally recognized God ordained sacred rights! I commit to a policy of repealing any law in conflict with our State and Federal Constitutions! I commit to a policy of voting “Nay” to any law that flies in the face of our State and Federal Constitutions! I commit to being Honest and forthright! I commit to having a clear channel for those that I would represent in contacting me and voicing their concerns and opinions. In closing lets heed to the wise counsel given by the illustrious George Washington (father of these States united) given Nov. 19th 1794.

“Let us unite, therefore, in imploring the Supreme Ruler of nations, to spread his holy protection over these United States; to turn the machinations of the wicked to the confirming of our constitution; to enable us at all times to root out internal sedition, and put invasion to flight; to perpetuate to our country that prosperity, which his goodness has already conferred, and to verify the anticipation of this government being a safeguard to human rights.”
I ask for your Prayers, your Support, your Help, and your vote. Please feel free and visit my website at jasonthepatriot.com. As well as my facebook page at facebook.com/jasonchristensenforhouse and or even call me anytime day or night at 801-400-1488. Thank you for your time and support.

Sincerely, Jason Christensen

Education, Our Current Problems And What Are The Solutions?

      It is my hope that Utah voters can unite behind the common goal of restoring our system of proper governance, as well as our treasured traditions of sound educational approaches.  We must stop the current abuses that have metastasized in our education system, and correct the problems that have become so widespread. I share the view which was held by many of the Founding Fathers, as well as so many other wonderful current patriots, that education should start first in the home.  The closer the education process is to the home, the more effective it is to facilitate sound education of the child.  Education carried beyond the home should be closely controlled and directed within the immediate community.  Instances requiring individual States to become involved in the direction of education within the State should be minimized.  In no case should education be handed over to the federal and or national government. Education in America used to be the most dynamic and best in the world until the national government over-stepped its constitutional bounds and began to usurp the local and State power to educate our children (see the Ninth and Tenth Amendments to the United States Constitution).  Since the nineteen sixties the national government has become more and more involved in the rearing of our children.  This practice has traditionally been considered un-American, and evokes the doctrines espoused in the Tenth Plank of Marx’s “Communist Manifesto” and John Dewey’s “Humanist Manifesto.”  Both Marx’s and Dewey’s philosophies promote their socialistic agenda and an atheistic world view at the expense of the traditional “Americanist” perspective which promoted God and His Laws and Commandments.
John Dewey is considered by many to be the “Father of Modern American Education,” so his philosophies have come to permeate the modern education system.  John Dewey’s  following comments speak volumes about the disaster that threatens the American education system and facilitates the destruction America’s traditional values, attitudes and beliefs:“I believe that all reforms which rest simply upon the enactment of law, or the threatening of certain penalties, or upon changes in mechanical or outward arrangements are transitory  and futile.”“I believe that the community’s duty to education is, therefore, its paramount moral duty. By law and punishment, by social agitation and discussion, society can regulate and form itself in a more or less haphazard and chance way. But, through education, society can formulate its own purposes, can organize its own means and resources, and thus shape itself with definiteness and economy in the direction in which it wishes to move.”

“Religious humanists regard the universe as self-excising and not created.”

“A socialized and cooperative economic order must be established to the end that the equitable distribution of the means of life be possible.”

“We consider the religious forms of ideas of our fathers no longer adequate.”  ( John Dewey)

These  quotations are only the tip of the iceberg of what the progressives have envisioned for our educational system since the 1870’s, and by carefully reading these quotations it becomes clear that they promote force to require our children be submitted to the State for the State to re-educate them based on what predictably would become a politicized social agenda. Perhaps this understanding will help explain why there have been needless curfew and or truancy laws with Fourth Amendment violations written within ordinances purported to be “education ordinances.” Many examples could be cited of such egregious violations, such as fines and procedures for those that wish to home school their children. Many other previously un-American practices which have crept into the education system could also be mentioned, such as bans of certain books since the Wagner Act, or the fact that revisionists have successfully re-written American history (such as no longer teaching George Washington’s magnificent “Farewell Address” in the schools, and teaching that presidents Woodrow Wilson and both Roosevelts were good men that did great things for the nation). Astonishingly, a few years ago the Alpine School District in Utah County attempted to ban the teaching of the U.S. Constitution in the schools, and to teach more on a world democratic society (in conformance with the “Humanist Manifesto”).

In contradiction of nearly 150 years of historical and court precedent, and without ANY previous court rulings to justify their action, back in the early 1960’s the U.S. Supreme Court highhandedly stripped God out of the American public schools.  In Engel v. Vitale they banned school prayer, and in Abington School District v. Schempp, they banned the reading of scriptures over the intercom systems. Contravening one source of guidance the founders of our nation looked towards while drafting our Constitution and in their personal lives, they banned the Ten Commandments in the case Stone v. Graham.  Sadly, the list of instances where God has been stripped out of the rearing of our children and replaced with the State’s agenda of such theories as organic evolution and atheism is expansive.

It is my hope that we can as a nation return to a sound policy of parental rights, as well as returning to the God of this land, Jesus Christ himself. If we did, we as a nation could once again restore our education system to that of superiority over the entire world. Following the sound advice and counsel of religious teachers and leaders of years past will help us achieve these goals.

In 1887 Princeton theologian Dr. A. A. Hodge wrote:
“It is capable of exact demonstration that if every party in the State has the right of excluding from the public schools whatever he does not believe to be true, then he that believes most must give way to him that believes least, and then he that believes least must give way to him that believes absolutely nothing, no matter in how small a minority the atheists or the agnostics may be. It is self-evident that on this scheme, if it is consistently and persistently carried out in all parts of the country, the United States system of national popular education will be the most efficient and wide instrument for the propagation of Atheism [and humanism] which the world has ever seen.”

Utah religious and political leader John Taylor said:
“We must study from the best books…. Train your children to be intelligent and industrious…. They should also be taught regarding the earth on which they live, its properties, and the laws that govern it…. They should know how to cultivate the soil in the best possible manner; they should know how to raise the best kind of fruits adapted to the soil and climate; they should be induced to raise the best kinds of stock, and to care for them properly…. Again, the subject of architecture should receive attention from you; and your children should be encouraged to improve in the building of houses, and not be satisfied to merely copy after what their fathers did in the days of their poverty…. It is highly necessary that we should learn to read and write and speak our own language correctly; and where people are deficient themselves in education they should strive all the more to see that the deficiency be not perpetuated in their offspring.”

My vision of how to correct this very important issue of education needs to be attacked from all fronts:

The first step is for the State Legislature to nullify within the State the law that created the U.S. Department of Education, and return that responsibility back to the State of Utah. This would restore the way that Utah once managed our own education system before the federal government stepped into the picture.

Second, we must return the responsibility back to the parents and allow them to choose how and when to teach their own children.  Along with this step we must repeal the laws and penalties associated with the home school program as well as any other law and or penalty associated with the parents wanting to simply check their children out of public school for whatever reason.

Third and fourth, since it is written in our State Constitution to provide for public education, this will take money to do it right.  I propose to issue a repossession order on the federal government over the lands that they promised to cede to us at the time of Utah achieving Statehood in 1896, and then selectively selling off that land to individuals (not corporations) in order to pay for our State-mandated education system.

With our current State government’s addiction problems with federal money, and the certainty that the feds will withhold that money from our State as we start to show a legal back bone, the State must consider reversing the means of collecting the federal income tax. To do so I propose that the State Legislature exercise their constitutional responsibility and within our State nullify the law that created the IRS, repeal our own income tax, and then collect the federal income tax ourselves in our own ways to be forwarded to the national government in compliance with the 16th amendment.

Fifth, we must encourage the different churches to re-establish their own schools once again within the local communities. If we do all of this we can then dramatically reduce the class room sizes. These locally-controlled schools may hire skilled, God fearing teachers, and restore the individual responsibility and freedom to teach our own children in the ways that we as well as God knows best.

 

 

Nullification of Obamacare

Introductory Statement Declaring the Historical Context of Nullification and the Intent of this Resolution:

Those who loved the Americanist concepts of a national government whose powers are limited, few, and defined (constrained by the specific powers enumerated in the United States Constitution to operate only within the jurisdictional scope granted by the Constitution) were appalled with the passage of the Alien and Sedition Acts by the United States Congress in 1798. The Congress and the Executive ignored the limits and bounds of the national government as established within the United States Constitution and the Bill of Rights in their passage and signing of that act. Some States decided to exercise their right of refusal to this usurpation. Thomas Jefferson, the principle author of the Declaration of Independence, and James Madison, the “Father of the Constitution,” collaborated in assisting Virginia and Kentucky in their effort to protest and nullify this egregious act by the national government.

The Kentucky Resolution was adopted by the Kentucky Legislature 10 November 1798, and the Virginia Resolution was adopted by the Virginia Senate 24 December 1798. Those resolutions were abbreviated and collated together to preserve the language and intent expressed by Jefferson, Madison, and the Kentucky and Virginia Legislatures in the following modern resolution protesting against and expressing the intention of the State of Utah to nullify the current usurpation attempt by the national government in regards to .

The language of this resolution is the language of Jefferson and Madison—as expressed in the Kentucky and Virginia Resolutions, applied to the modern usurpation. It eloquently clearly explains, justifies, and expresses the constitutionally-sound doctrine as the original intent of those principle founders who established the United States of America. As enunciated in the following resolution, the doctrine of nullification was a sacredly-held power of the States to check and balance a national government that violated the charter which established it. The logic is concise, clear, and unassailable. The States which created the national government retained the constitutional right of refusal when faced by a usurping government. The doctrine of nullification was considered in many instances by several States during the founding era, and was taught in Constitutional Law classes at the United States Military Academy at West Point in the early decades after the Academy was established.

Many examples of nullification exist in the history of the United States. Some occurred because some States simply refused to comply with a federal directive (such as the “Real ID Act”), others when the courts ignored the directive, and others when individual juries refused to convict when faced with an individual who violated federal law (such as often occurred in cases involving the “Fugitive Slave Act”). In light of egregious usurpations of recent modern congresses and the executive branch, it is time reinvigorate the understanding and application of the sound doctrine of nullification!

The so-called “supremacy clause” of the United States Constitution (Article VI, clause 2) only grants supremacy to the national government in the area of jurisdiction established within and by the United States Constitution. It does not create an overarching power to usurp power not granted within the Constitution. The Ninth and Tenth Amendments explicitly reiterate this fact:

Amendment IX:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Amendment X:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Appropriate Constitutional processes by which un-Constitutional acts may be corrected include:

1. Repeal of the offending matter in the national Congress via the normal process defined in Article I, Section Seven of the United States Constitution.

2. De-fund the offending act to assure that it may not be carried out. Article I, Section Seven requires congressional approval of all funds to be expended by the national government, and Article I, Section Nine, clause 7 requires that no monies be drawn but in consequence of a legislative appropriation. Congress controls the nation’s money, not the Executive.

3. Seek relief through the courts.

4. Nullification by State Legislatures.

Reprisals by the Federal Government?

States which nullify an unconstitutional law or refuse compliance with an order from an unlawful agency naturally fear reprisal by the national government. This could take the form of denial of federal funds (that is how conformance is often assured in the first place) or even imprisonment of token individuals. Thomas Jefferson proposed the solution to challenges such as this, saying:

“I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.

“This is the true corrective of abuses of constitutional power…” (Bergh, The Writings of Thomas Jefferson, vol. 15, page 278)

Nullification is a valid Constitutional solution to a usurping national government.
An Act of the Legislature of the State of Utah to nullify The Affordable Care Act

RESOLVED, That the Legislature of the State of Utah, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

Resolved, That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it’s existence and the public happiness.

Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

Resolved, That the Constitution of the United States, having delegated to Congress specific, enumerated powers; and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the act of Congress, passed on the th day of , , and entitled, “ ” is altogether void, and of no force; and that the power to act in this matter is not granted to the United States Government by the United States Constitution.

Resolved, That the Legislature of the State of Utah doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the States are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

Resolved, That this Legislature doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former Articles of Confederation were the less liable to be misconstrued) so as to destroy their meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the States by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings, including recent acts of the national legislative, executive and federal court decisions) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution, the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their powers by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles call for immediate redress.

Resolved, That this Legislature doth particularly protest against the palpable and alarming infractions of the Constitution, in the case of the “ Act” passed at the last session of Congress; which exercises a power no where delegated to the federal government, and which subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; additionally, the act exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by two of the amendments thereto.

Resolved, That faithful to the United States Constitution, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore the State of Utah is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, the State of Utah, from motives of regard and respect for its co States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the act before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, and the barrier of the Constitution thus swept away from us all, no ramparts now remains against the passions and the powers of a majority in Congress to protect the minority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Act, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits, Let him say what the government is, if it be not a tyranny, which the men of our choice have con erred on our President, and the President of our choice has assented to. In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That the State of Utah does therefore call on its co-States for an expression of their sentiments on the aforementioned act, plainly declaring whether this act is or is not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with the State of Utah in considering the said act as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely as the cases made federal, casus fœderis but), in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring this act void, and of no force, and will each take measures of its own for providing that neither this act, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shalt be exercised within their respective territories.

Resolved, That the good people of the State of Utah, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other States; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the Legislature of the State of Utah doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this State in declaring, as it does hereby declare, that the act aforesaid, is unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this State, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

Resolved, That the Governor be desired, to transmit a copy of the foregoing Resolution to the executive authority of each of the other States, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this State in the Congress of the United States.

Agreed to: —Date—

The Threat to Liberty is another Constitutional Convention.

For the past six years now I, as well as many other Honorable patriots have been fighting this threat. This threat that has started recently by my own State of Utah elected officials! I have written a plethora of articles of warning individuals of this threat, I have even sounded the battle cry to defeat Rep. Brad Daw,  but because of recent circumstances those articles are now gone. So in the interest of time I am posting a opt ed piece,  as  well as a clarion call to all that may read this to take immediate action. Both of which were written by my mentor and closest friend Dr. Scott N. Bradley.

To all who love the United States Constitution and the Blessings of liberty it preserves:

I apologize for the length of this message, but understanding is critically important in this battle to preserve the blessings of liberty which were vouchsafed to us at such great cost.  Please consider this matter as something upon which the liberty of your unborn posterity rests.  Please read this, gather to the cause all who you can influence, and take action.

Thank you!

—Scott N. Bradley

Constitution-Convention Threat Originating in Utah

Tragically, Utah’s Legislature is in the forefront of the effort to call a constitution convention.  Advocates of this effort call it by many names to obfuscate the risk, but a rose by any other name is still a rose.

House Joint Resolution (HJR) 8, sponsored by Republican representative Kraig Powell, is moving through the legislative process and is currently under consideration in the House Government Operations Committee.  HJR 8 is a resolution which, if passed through the Utah Legislature, will result in Utah being added to a growing number of States which have applied to the United States Congress for the call of a convention.

The process by which the United States Constitution may be modified is defined in Article V of the United States Constitution.  To date, all 27 of the amendments to the Constitution have passed through both the U.S. House and Senate using the first and safest method, with 2/3’s margins in both houses, and being ratified by 3/4’s of the States.  The other option of a convention has never been applied since the ratification of the work of the 1787 Constitution Convention.  Certainly, other conventions have been held for many other purposes, but NONE of them have ever claimed the power to originate an amendment to the Constitution.

The un-tried and un-proven second method of modifying the Constitution requires 2/3’s of the States (34 States) to apply to congress for a convention, and then congress is required to call a convention.

Because of the unmeasured risks associated with a convention such as is being sought by HJR 8 and dozens of other similar resolutions currently under consideration throughout the United States, in 2001 the Utah legislature rescinded its previous calls for a convention in a near unanimous vote.

This year the movement to call such a convention has exploded upon the nation as a highly organized, cleverly disguised, powerfully promoted, and extremely well funded movement.  Advocates that have sought for many years to modify the document which has vouchsafed the blessings of liberty for ourselves and our posterity for over 200 hundred years are co-opting good and caring Americans into support of this effort through fear.  Our magnificent Constitution is under assault as never before in our history.

The amendment movement is co-opting “conservative” issues that have developed (such as HUGE budget deficits) because those who hold the reigns of government have abandoned the limits and bounds defined within the plain English words of the United States Constitution.  To be blunt: They are violating the Constitution and have cast off their oath to uphold the Constitution.  The general population of the nation is guilty of continually returning these sycophants to office and are therefore party to these violations of the Constitution and the resulting problems.

In addition, there is a massive “left wing” “Move to Amend” movement which wants to see a convention called so they can manipulate the convention to their desired ends.  (See www.movetoamend.org.)

THE TRUTH OF THE MATTER IS THAT THERE IS NOTHING WRONG WITH THE CONSTITUTION!  WE HAVE SIMPLY STOPPED APPLYING IT.  ALL OF THE CHALLENGES THE NATION FACES WOULD BE RESOLVED IN VERY SHORT ORDER IF THE NATION AND OUR LEADERSHIP WOULD RETURN TO THE ORIGINAL INTENT OF THE CONSTITUTION AS BROUGHT FORTH IN THE BEGINNING.

An amendment, or a series of amendments, are not necessary and will not solve the nation’s challenges.  Those who hold office do not currently follow the Constitution.  We delude ourselves in thinking they will honor a new amendment.  We also delude ourselves in the hope that the delegates who attend the proposed convention if it is called will be made up of any other than the current crop of “leaders” who have crafted the disaster which currently faces the nation, whether they are selected from those who currently hold national office, or those who currently sit in the States and sop up the tasty unconstitutional pork proffered to the States by the national government.

While the advocates of the convention process promote the idea with great and naive hope as to its result, no one can predict and really knows the outcome of a convention (or two, or three or more conventions which will likely follow-on).  Despite flowery and eloquent promotion, it is ALL based upon supposition.  I am not willing to risk the United States Constitution on someone’s hopeful opinion.

We MUST stop the effort to call a convention.  Utah must take the lead in the effort to keep the Constitution from hanging in the balance—by a thread, if you will.

PLEASE contact the members of the House Government Operations Committee and implore them to defeat HJR 8 in the committee. Tell them it is imperative that the resolution NOT be advanced to the floor of the House.  The telephone number of the Utah House is 801-538-1029.  If you call the number, ask the operator to pass a note to the desired representative with your counsel.

In addition, PLEASE keep an eye on the Utah Legislature web site to discover when this committee will take public testimony on this resolution so you can (PLEASE) TAKE THE TIME TO TESTIFY REGARDING YOUR OPPOSITION TO THIS RESOLUTION.

Following are the members of the House Government Operations Committee:

Rep. Jack R. Draxler (R), Chair email:  jdraxler@le.utah.gov
Rep. Ken Ivory (R), Vice Chair (Ardent advocate of the convention effort as long as he has been in the legislature.  He will likely seek to manipulate any contact made with him by those against a convention to further his efforts to call a convention.  He is a national advocate and spokesman for a convention and is fully and unequivocally committed to a convention.)
Rep. Rebecca Chavez-Houck (D)  email:  rchouck@le.utah.gov
Rep. Janice M. Fisher (D)  email:  janicefisher@le.utah.gov
Rep. Keith Grover (R)  email:  keithgrover@le.utah.gov
Rep. John G. Mathis (R)  email: jmathis@le.utah.gov
Rep. Michael E. Noel (R)  email: mnoel@kanab.net
Rep. Lee B. Perry (R)  email: leeperry@le.utah.gov
Rep. Kraig Powell (R) (Sponsor of the resolution to seek a convention—HJR 8)
Brian J. Bean, Policy Analyst

Following are two papers addressing the issue of proposed conventions.

The first is a paper which I recently wrote which addresses the plethora of efforts which are under way to call conventions to change the Constitution.

The second is an excellent paper which Bliss Tew wrote to Val Peterson, a member of the Utah House, and some of the members of the House Government Operations Committee.

Perhaps some of the information found herein will be of value as you contact members of the legislature or seek to educate those you may influence in the matter.

The Epidemic of Calls for a Convention to Modify the United States Constitution
Scott N. Bradley
January 2014

The efforts to call a convention to modify the United States Constitution have reached epidemic proportions.  Numerous organizations have sprung up in favor of such an undertaking.  Virtually all are highly organized, powerfully promoted, and well funded.  They have succeeded in obtaining the endorsement of many in positions of prominence.  They promote a spectrum of approaches to bring about their intention to change the Constitution.  The Declaration of Independence recognizes the right of the people to alter or abolish their government and institute new government when their government does not secure the God-given rights they were instituted to preserve.

The United States Constitution incorporated in Article V of the Constitution a peaceful means by which that self-evident truth may be carried out:
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.

Notwithstanding the numerous other methods and nuances promoted by the various proponents fostering their “flavor” of “convention,” Article V of the United States Constitution defines the ONLY constitutional method.  There is no other way to bring a convention about under the Constitution.  There are innumerable other possible ways to alter or abolish the government, but none of them are found under the terms defined within the Constitution.  And Article V of the Constitution is the sum and substance of the matter to date.  Numerous procedures to define the convention process have been proposed over the years, and many are promoted today, but NONE have been codified.  And efforts to create a “bullet-proof” codification of binding rules under which a convention (under any name by which it may be denominated) must be viewed with skepticism.

The truth of the matter is that a convention undertaken to modify the United States Constitution would be an autonomous deliberative body which may (or may not) undertake its proceedings within limited bounds based upon initial instructions it receives upon its calling.  The 1787 Convention was constituted “for the sole and express purpose of revising the Articles of Confederation . . .”   The Articles of Confederation was the then-existing constitution of the United States, and the definition of “revising” as noted in the charge of the 1787 Convention is “amending.”  The 1787 Convention clearly understood and recognized their autonomous independence, and the convention set aside the existing constitution and wrote an entirely new one.  While the Articles of Confederation had a requirement that ALL States approve ANY changes to the constitution, without the prior input or approval of the States, the Congress, or the People, the men of the 1787 Convention included in the new constitution a lower standard for ratification.  When that lower standard of nine States, rather than the thirteen States required under the then-existing constitution was reached, the new constitution was considered fully approved and ratified.  Fortunately, the men of the 1787 Convention were good and noble men, well seasoned in the principles of liberty and properly limited government, so the outcome of the convention and ratification led to the United States becoming the greatest, freest, most prosperous, most respected, and most happy nation on earth for many generations.

Even in his day, soon after the Constitution was ratified, James Madison received a suggestion that the nation undertake another convention.  The United States Constitution was ratified during the Summer of 1788, so after that point a convention as defined under Article V (as suggested by some today) would have been the necessary process.  In November of 1788 James Madison responded to the suggestion of another convention as follows:

“If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partisans on both sides; it would probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. Under all these circumstances it seems scarcely to be presumable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned.”

Elsewhere I have written:

“Some will argue that Madison’s term “General Convention” means something different than the type of convention which could be called under Article V of the Constitution, that it means a convention called for the specific purpose of creating a new constitution.  However, “general” was often used during the founding era as pertaining to the national government as the general government. If used in that way, the term applies to any national convention to deal with the national constitution.  To examine how the Founding Fathers used the term, we may examine how Founding Father Noah Webster defined the term in his1828 American Dictionary, which defines “general” thus:

“1. Properly, relating to a whole genus or kind; and hence, relating to a whole class or order.  4. Public; common; relating to or comprehending the whole community; as the general interest or safety of a nation.”

“Regardless of the exact way he used the term, Madison expresses his concern about how another convention will overstep its charter, become extremely politicized, and become dangerous to the nation.  If Madison was concerned about the risks in his day, who would be so foolish to suggest that today we are in a political environment that is better suited to bring forth more sound doctrines of liberty and proper government?

“. . . . Where in all the world today may we find even one or two statesmen of the character and understanding exhibited by George Washington, Benjamin Franklin, George Mason, James Wilson, James Madison, and the others who, under the inspiration of God, framed our marvelous Charter of Liberty: The United States Constitution?  We will search the world in vain for such individuals.  Who, today, will sit in the seats occupied by those who brought forth the Constitution of 1787?  NONE I would trust!”

The images of conventions today which are put out for public consumption are toothy “grip and grin” photo opportunities.  Cheering, enthusiastic party-faithful crowds are the background fodder for the unity promoted to assure the success of the convention’s effort.  The truth of the matter is that conventions for political undertaking are often slow motion bare knuckle brawls for power as the various factions wrestle for supremacy.  It has been observed that “government is not eloquence, it is not reason, it is force . . .”  Conventions for political purposes often are the embodiment of that axiom!

Hundreds of examples could be cited, but think of the skullduggery carried out in the convention environments in which Marx and Engels were selected to compile the Communist Manifesto in 1847, or the 1903 power struggle in the Second Party Congress between the Bolschevik and Menshevik factions, or the Beer Hall Putschs of the National Socialists during the 1920’s, or the 1952 railroad job done on the Republicans by the Eisenhower machine when Taft was ousted.

Yes, the various proposals for conventions to modify the United States Constitution are well-polished marketing pieces designed to deflect and deny any suggestions of risk, but they are no guarantee of everybody playing nice and above board. The proposals are generally written in a benign style of academic earnest hopefulness, promoting a belief in the hope that the proposed undertaking could possibly take the desired trajectory and have the desired outcome.  They are filled with hopeful terms like “should,” “could,” “might,” “possibly,” “ought,” “probably,” “depending,” “likely,” “reasonable,” “promise,” “nearly,” etc.  These are terms that leave “wiggle room” in the outcome.  All of the supposition and wishful projections are not sufficient justification for the immeasurable risks potentially associated with losing the document that has been the Charter of the Nation and vouchsafed our liberties for 225 years.

The old adage applies to the wishful thinking of the proposals for a convention: “If wishes were horses, beggars would ride.”  All the wishful meandering and pontificating by those promoting a convention will not and cannot be guaranteed.

Regardless of the term by which the constitutional convention undertaking is obfuscated, be it a Constitution Convention, an Article V Convention, an Amendments Convention, a Conference of the States, or whatever, Article V of the United States Constitution says what it says (read it carefully):

“. . . on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments . . .”

When 2/3’s of the States apply, Congress SHALL call a convention.  And remember when the 1787 Convention was chartered it was for the purpose of amending the then-existing constitution.

Any variation on what the United States Constitution says in Article V about calling a convention is not constitutional, but may be another way to abolish the government.  Some of the current convention proposals suggest another approach, such as the thought that the States might band together in some kind of prearranged alliance that is intended to bring about changes.  This approach would arguably violate the Article I, Section 10 prohibition of States to enter into treaties, alliances, and confederations.

The bottom line is:  There is nothing wrong with the United States Constitution!  The problem is that the nation has stopped faithfully applying it.  Those who claim to love the Constitution and promote changing it are inconsistent.  If they love it they MUST abide by it.  ALL who hold office take an oath to the United States Constitution.  Those who hold office (and will likely sit in the seats of any convention which might be called) are oath-bound to uphold the Constitution.  Their actions in violation of the Constitution have led to the difficulties under which the nation currently suffers.  All of the challenges currently facing the nation are attributable to violations of the plain English words of the Constitution, and their original application.  Those who hold office ignore their oath, violate the Constitution at will, and are to be trusted to correct the resulting problems in a convention that could possibly eviscerate the Constitution of the limits and bounds which are already inherent in the document???!!!  One might reasonably ask: “Do we need an amendment that says ‘we really mean it this time?’” OF COURSE NOT!  The officers who violate the Charter of the Nation now will continue to violate it, even if modified.

And suppose for a moment a convention is called and it limits its actions to a single issue as some propose, and the issue successfully goes through the ratification process by 3/4’s of the States.  What does that encourage?  ANOTHER CONVENTION, AND ANOTHER, AND ANOTHER until the United States Constitution is a tattered rag that bears small resemblance to the original noble document, or it is ultimately scrapped altogether.  Either way, We the People lose.  And so do our posterity.

The corrective course is for We the People to become a virtuous people, well-schooled in the limits and bounds of the government bequeathed to us at such great cost in the body of the United States Constitution and the Bill of Rights, to educate our fellow-Americans in these principles, to promote them in word and deed, to elect soundly-founded representatives who will abide in their oath of office, and a willingness to correct any variance from the standard by those elected officials (or bureaucrats tasked with the responsibility to faithfully fulfill constitutional laws).

We do not need to “correct” the Constitution.  We and our officials must abide by it.  By so doing we will again become the greatest, freest, most prosperous, most respected, and most happy nation on earth.

—Scott N. Bradley

Bliss Tew’s letter:

Dear Utah State Representative Val Peterson:

Perhaps it has been forgotten that in February 2001 a resolution sponsored by Utah State Representative Fred Fife (D) to rescind Utah’s former applications to the U.S. Congress to call an Article V Convention was passed by both houses of Utah’s Legislature- HJR15.

HJR15 passed in the Utah house 67 to 0 with 8 absent. On February 27, 2001, if my diary is correct, the rescission resolution HJR15 passed the Utah Senate without a single dissenting vote. Those Utah legislators just thirteen years ago rescinded all previous applications to the U.S. Congress for the calling of an Article V Convention, called at the time a Constitutional Convention as it had been long labeled. Even though a Balanced Budget Amendment (BBA) had been the cause for which Utah had previously applied to Congress for Congress to call a Convention for proposing amendments, nevertheless Utah’s legislature rescinded Utah’s applications.

But now the BBA is revived and a new national promotion of the idea is coming from radio talk show host Mark Levin, from retire professor Robert Natelson’s promotion through ALEC, Nick Dranias, Michael Farris, Sean Hannity, Rush Limbaugh, and Glenn Beck. Surely we can trust these professors and pundits to have researched all the pitfalls, right? Maybe, maybe not. They certainly constitute a corroboratory media for those desiring the Convention call.

Is this question the most important concern Utah’s legislature will consider this year since the Constitution hangs upon the thread of your decision? This 2014 legislature, like the 2001 legislature, has a momentous choice to make- defend the Constitution or amend the Constitution.

HJR008, sponsored by Representative Kraig Powell, seems like a good “quick fix” to many legislators today if they have not yet had time to consider the drawbacks of initiating an Article V Convention for proposing amendments (plural) to our Constitution.  Opening such a Pandora’s Box and thinking that such a Convention can be held to one proposed amendment ignores the language of Article V itself and the fact that the deliberative Convention once called will be an autonomous Convention that will make its own rules. Who can guarantee that no delegates from the other 49 States will propose other Amendments, even harmful amendments to the Constitution at the Convention? Even if it were a misdemeanor to do so (that’s what the bill in Wyoming proposes) would delegates fear a misdemeanor charge when they could shape the Constitution?

Yes, there are lawyers in Utah’s legislature that are championing this process and assuring everyone that somehow the process can be contained and controlled. Perhaps we are supposed to feel assured by the opinions of lawyers, but those opinions are still merely opinions. The fact is that no Article V Convention has ever been called so we have yet to see what will happen at such a convention until it is called. We have in the past seen what happened at the 1787 Convention and perhaps that is the closest model we can look at to see what to expect, though even that Convention was not an Article V Convention since Article V was written at that 1787 Convention. That 1787 Convention actually changed the rules for ratification of its own production.

The Balanced Budget Amendment (BBA) being suggested has escape hatches provided in it for Congress to deficit spend in times of crisis or war. When are we not in a crisis and a war, or even more than one war? How will the budget be balanced? Will it be by Congress cutting spending? Nothing in the BBA requires that as the method of balancing the budget does it? Then how about raising taxes to balance the federal budget? Oh that is allowed by a BBA. How about expanding the money supply of paper money through turning up the printing presses? That is not forbidden either. So hyperinflation of the currency could be used to balance the budget as Abraham Lincoln’s government did to some extent during the Civil War when he had “green backs” that were not backed by gold or silver printed to pay for war costs. Money was created out of paper to an unlimited extent and spent by the war department as needed to acquired necessities of war, a type of inflationary hidden tax. Is that what the BBA will bring us?

Is there anything in the BBA that requires Congress to stop its spending upon unconstitutional departments created without regard to the few delegated powers the Constitution actually granted to Congress, or stop its spending undeclared wars and military adventures as a global cop for the UN and NATO, or unconstitutional giveaways like foreign aid? Nope.

Isn’t it true that the Congress has the power today to actually cut spending and balance the budget by a vote of 1 over 50%? Then, why the need for a BBA and an Article V Convention? Will Congress, who ignores the Constitution so often now, obey a new amendment? In what way will they obey it?  Is the BBA really just a handy cause célèbre to excite interest in convening the Article V Convention so that other revisions to the Constitution can be put forth? What special interests and hidden agendas are awaiting the Convention call?

Representative Peterson, Congress itself is a constant Amendments Convention isn’t it? Can’t Congress at any time propose amendments to the Constitution and pass such amendments by a 2/3rds vote on to the State legislatures or to the State Ratifying Conventions? Yes, Congress is empowered by Article V to do that. We have seen 27 amendments passed through Congress to the States, haven’t we? Are they all good amendments? How about the 16h Amendment or the 17th Amendment? Didn’t the States still ratify those arguably bad amendments?  Then, what if dozens of amendments are proposed at an Article V Convention, couldn’t some new amendments pass the States ratification process at the 16th and 17th amendments did and prove to be unwise amendments too? Sure. Proof is seen in historical fact, not just opinions, right? If one amendment emanating from Congress as a proposal is a consuming concern of debate for a legislature, what would happen if many proposed amendments come to the legislature from an Amendments Convention, would each amendment proposal get the deliberative attention it should have?

What about representation at the Article V Convention; who decides how many voting delegates each state will have? Congress decides don’t they, since Congress calls the Convention. We are assured by proponents of the Convention that representation will be based on “one state, one vote” as the model as that has been the case at other conventions, but where in Article V is such an arrangement specified? Oh, it is not specified. Then, what if California’s Congressional delegation wants a proportionality rule for number delegates. After all California has 53 U.S. Representatives, Wyoming has 1, Utah has 4, Montana has 1. Won’t the big states like California and New York desire to see democracy in action through proportionality of representation as is seen in the Electoral College and the U.S. House of Representative? Shouldn’t that be the case at an Article V Convention as well, they will ask. And they will outvote Utah in Congress upon that question won’t they?

Val, I urge you, let our legislature not apply to open the Article V Convention at this juncture, no matter what name the proponents call it by “Convention of the States,” or “Amendments Convention,” etc.,  but rather let us try other ways of addressing the problems we are facing with the U.S. Congress and President. The root of our problems remain an electorate made up of voters largely ignorant of their Constitution and therefore not holding Congress and the President accountable to the Constitution. The Constitution is the solution not the problem.

Please oppose HJR8. Defend the Constitution from the left-leaning coalition of hundreds of organizations just dying to see the Constitution opened to an Article V Convention for proposing amendments: www.movetoamend.org.

Kind Regards,
Mr. Bliss W. Tew- Utah Citizen
909 West 500 North
Orem, UT 84057

P.S. Yes, I am the Regional Field Director of The John Birch Society. Perhaps Rep. Ken Ivory who wants to see an Article V Convention called will make a point of my employment, but the information I’ve supplied is as true as any to consider. Just because The JBS has historically opposed the calling of an Article V Convention doesn’t mean JBS or JBS employees or members are somehow behind the times in our knowledge about Article V; quite the contrary. While I’ve read Mark Levin’s chapter in his book where he promotes an Article V Convention,  read Policy Reports by Robert Natelson on the topic, and even talked with leading-proponents of the Convention, I remain unconvinced by their assurances that they can hold a limited convention.  Instead of the Convention route, if you’d like to discuss ideas of other ways to address our problems with the Federal government I’m at your disposal.

CC: selected members of the House Government Operations Committee: Rep. Jack R. Draxler (R), Chair, HGOC, Rep. Keith Grover (R)  , Rep. John G. Mathis (R)  , Rep. Michael E. Noel (R)

Ethics and Transparency in Politics

When an elected official is elected they swear Oath of Office to Uphold and Defend the Constitution of the United States of America from Enemies foreign and Domestic. On the Local levels that Oath is added to with the Constitution of the State that they reside in, and if the City or County is Chartered that too is added to the Oath of elected local municipalities. Now what is an Oath? An Oath is a promise a contract, something that is supposed to be worth it’s weight in gold! Yet the travesty of the matter is so many elected officials constantly violate that oath over and over and over again. Take Provo for instance. Here in this city we have a governing body that is not Chartered “a constitution as it were” that has not only increased the ordinances more than doubled since 2002, but that constantly violates ones God given Right to own property! There has been nearly 5500 property rights violations by the city these last four years, and illegal use of eminent domain for projects that the people do not want! The utility bill continues to be used and abused by like an abused spouse in an abusive relationship. Property Tax hike of 8% is still on the radar by current elected officials. The RAP tax and the Care Tax are under the radar of certain current elected officials. Certain city officials likes the fact that the Justice Court generates half a million dollars per year. Which is a travesty by itself, because the courts are supposed to be there to administer Law and Order, not punishment to the citizens residing with in the Corporation of Provo City. When the Corporation of NuSkin went in to pay for the purchase of 100 west. Current Mayor John Curtis forgave the debt, because and “extra million dollars was found with in the Community re-development agency”. To top it all off there is one man left in the final run off against John Curtis this election cycle by the name of Jason Christensen, whom by the way is the complete opposite of these violations. Whom wants to Charter the City of Provo to bind the hands of current elected officials. To repeal at least half the size of the current code book and bring accountability back to the City of Provo once again. Something that the city has been missing for at least the past 30 years. He is someone that knows all the issues of all the neighborhoods around the city, because he has actually gotten out visiting with the people. Jason Christensen has sent countless of press releases to the numerous press agencies, he has spoken out at city council in front of the camera of Fox News TV, he has even tagged and sent private messages to certain journalists via twitter and facebook, and yet not one mention of his name, his stances, or comments. It is almost like that they are in bed with the current establishment politicians?! My hope in this statement is that accountability, responsibility, honesty, becomes renewed, and that the current media returns back to their roots of the Walter Crondike era.

The Ploys of Discrimination

Before I speak to you today as to certain evil agendas, let me first say that it is simply wrong for anyone to be discriminated against, and that all men have certain inalienable rights before ones maker. Those rights includes the right to own and be safe with in ones own property. The right to defend ones self, family, and country men. The rights for free speech and worshiping of one’s God. These God given rights with in the United States of America are supposed to be protected by our Supreme Law of the Land, the US Constitution. “Article 6 Section 2″

Lets spend a little time with Property Rights. In Exodus 20:15 “Thou shall not steal” which presupposes the basic right and acknowledgment that each individual owns his or her own property, and that it is a sin to steal that property. In Exodus 20:17  “Thou shalt not covet thy neighbor’s house, thou shalt not covet thy neighbor’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbor’s.” To covet means “to desire inordinately; to desire that which it is unlawful to obtain or possess; in a bad sense.” Then the words “thy neighbor’s”  admits to the fact that property is being owned by ones neighbors. In the Doctrine and Covenants the Lord said this regarding to property, and our rights. “We believe that men should appeal to the civil law for redress of all wrongs and grievances, where personal abuse is inflicted or the right of property or character infringed, where such laws exist as will protect the same; but we believe that all men are justified in defending themselves, their friends, and property, and the government, from the unlawful assaults and encroachments of all persons in times of exigency, where immediate appeal cannot be made to the laws, and relief afforded.” In Ether 14:2 we read “Wherefore every man did cleave unto that which was his own, with his hands, and would not borrow neither would he lend; and every man kept the hilt of his sword in his right hand, in the defence of his property and his own life and of his wives and children.”

Since I mentioned the US Constitution lets look at the fourth amendment. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Which once again would presuppose that property is to be owned and that one has a legal constitutionally binding right to be safe with in such property. In the Fifth Amendment we read “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Which clearly indicates that property is NOT to be seized or violated unless that property is justly compensated to the owner themselves, upon the owner’s approval. John Adams wrote this regarding Property Rights “Property is surely a right of mankind as real as liberty.…The moment
that the idea is admitted into society that property is not as sacred as the laws of god, and that
there is not a force of law and public justice to protect it, anarchy and tyranny commence.
Property must be sacred or liberty cannot exist.” Then the Father of the Constitution James Madison wrote this regarding Property “Government is instituted to protect property of every sort; as well as that which lies in the various rights of individuals…. this being the end of government, that alone is a just government, which impartially secures, to every man, whatever is his own.”

Now you may be asking what does property rights have anything to do with discrimination ordinances? It is simple, in this day and age it is the very ones fighting for homosexuality that are promoting these “discrimination” ordinances. They are seeking for and many cases have succeeded government to mandate property owners to rent to such persons, despite ones free will and choice. They force businesses with in their own property to hire such persons, regardless of the business model. If we look at the State of California and other State’s laws regarding such matters they even force property owners to implement transexual bathrooms. Utah is attempting to institute such an atrocity. In cities like Provo and others where property rights violations have exceeded over 5000, and is currently working on a “discrimination” ordinance. Which would only allow that number of property rights violations to sky rocket.

Could you only imagine if a family oriented business with the reputation of promoting family values is forced to hire someone that promotes the contrary? Could you only imagine that a renter that religiously believes in the practice of homosexuality as a sin is forced against his or her will to rent to such persons living contrary to their beliefs? Could you only imagine that churches that believes that homosexuality is a sin is forced to adopt their bathrooms to adopt transsexual restrooms? Could you imagine that private or public owned schools is forced to adopt transexual locker rooms and rest rooms?

Fact of the matter these people are only pandering to the evil communistic agenda. Lets read goals 25, 26, 27 of the communistic goals for world domination published by the FBI in the Congressional library in 1963.

25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.

26. Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”

27. Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a “religious crutch.”

A well known fabian socialist George Bernard Shaw had this to say regarding property. “Socialism, reduced to its simplest legal and practical expression, means the complete discarding of the institution of private property by transforming it into public property and the division of the resultant income equally and indiscriminately among the entire population.”
Then the first goal of the Communist Manifesto reads. “First Plank: Abolition of property in land and the application of all rents of land to public purposes.”

In closing lets all pray together, work together, and restore the Law of this land, the US Constitution. Let’s restore our God given rights as Americans, and lets repent and worship the God of this Land the Lord and Savior Jesus the Christ, amen.