THE LAW OF NATIONS

What does it say, and what influence did it have on our Founding Fathers in the drafting of
The Constitution of the United States of America?

http://www.lonang.com/exlibris/vattel/index.html
http://www.constitution.org/constit_.htm
http://www.lonang.com/exlibris/blackstone/


Arguments have been made that the Common Laws of England influenced the drafting of our constitution and was accepted therein by the Founding Fathers.

My contentions, along with many other Constitutionalists and legal scholars, contend this assumption is not true.

In those arguments one needs to research and read the Law of Nations, The Common Law of England (circa 1765) and the Articles of the United States Constitution, and draw comparisons thereto.

Above are the research sites for all.

Please recognize the following are my belief, based on my study of Our Constitutional Republic, a nation of laws, which our Founding Fathers gave us, and the various States of the new republic ratified in 1776.

First, in my opinion, the influences seen in the articles of our constitution more mirror Vattel’s Law of Nations than it could ever be conceived in the Common Law of England. It does not take much reading of our constitution and the reading of the Law of Nations to see the influence it had in the drafting of our constitution.

When you look at Article I of our Constitution and then look at corresponding Chapter 3, 6, and others, of Book 1 of The Law of Nations; you can readily see, not in every word, but in the influence Vattel had on the drafting of our constitution.

As you read further, in each, you will see the differences between The Common Law of England and the Law of Nations, and how each influenced our constitution, or had no influence it. In Vattel’s writings on constitutional republics you find the word citizen(s) use to describe you and me in country, while the English Common Law refers to subjects in its reference to their countrymen.

In that regard, our revolution was fought because our fore fathers wanted to be free from the King’s tyranny, and absolute rule to make a better life for them and the people of this country. We fought that revolution to be freemen.

In that regard, to be freemen, our founding fathers were not about to setup a Monarchy that limited government, and put control in one persons hands, since they had lived that life both in England, and in the Colonies, and found it restricting, over taxing, and invasion of one’s rights as freemen. Since this was the case why in “God’s” green earth would the Founding Fathers set about saddling themselves, and the new nation, with the same? And, so….

they set up a constitutional republic, with representative government, where there are elective branches of government, and those elected were subject to re-election every few years at the will of the people.

In our Constitutional Republic, the President of the new United States of America could only serve two 4 year terms, and then step down; in this manner the new nation could not come under the control of one person, or group of individuals, and then be come something other than a Constitutional Republic, a nation of laws.

You will also find the influence of Vattel, where the means to change the constitution very much came from the Law of Nations, where it references the need from time to time to amend or change the Constitutional Republic, but not at the whims of a few, and thereby set out the process to accomplish that means. In that means it required the people of the new nation to ratify those changes before they become law, through the amendment process. The amendment process was intended to be burdensome and no an easy process for that very reason. In The Common Law of England you find no such mechanism by which this could be accomplished because that nation is ruled by one person, with no representative councils of meaning.

Today, as in the past, our Constitution is constantly under attack from those who want something other than what our constitution provides us; those who see the fruits of their labors and mind sets differently want this nation to be socialistic, marxist, or communist, or some variation thereof, in how we are governed, because they want control with no oversight from We the People, because in their rationale we are to stupid to know what is best for us and our nation. Our Constitution is constantly under attack from within.

There is one quote that resonates with me, and it comes from our recent President Ronal Reagan:

“Freedom is never more than one generation away from extinction. We didn’t pass it on to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children what it was once like in the United States when men were free. ”


in that quote we can see the warning President Ronald Reagan tried to convey to all of us; just because we live in this country, are born of American citizens, are American citizens, does not guarantee our nation will survive by blood rights. It takes our attention to what is going on around us, and in the halls of our representative national and state governments, and to take responsibility thereto.

We as a nation have not done a very good job of paying attention in the past, and all one has to do is look to the current sitting congress to see how much we have not paid attention.

We are now ruled, not by representative government, but by a bunch of socialist/liberals we have allowed to sit in our representative seats of government; mainly by our lack to due diligence at the ballot box each election cycle.

This is changing since our last election (2008), people are waking up (myself included) and realizing that they cannot trust our neighbor to vote our consciences at the ballot box, and thereby forgo making the trip to the voting booth to make our wishes known during the elections.

We all need to get up off our chairs, and couches, and make the trip to the ballot box every two years to make sure on Constitutional Republic survives in its present form; if we all do that then those who would seek to destroy of way of government will not succeed in their quest. The answer is in all of us!

One other quote I will share with you is from Samuel Adams (no not the beer maker):

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”.


Next blog article we will revisit, Article II and Obams’s eligibility, study well.

LET US NOT GO QUIETLY INTO THE NIGHT!

Having been silent in my blog postings for over a month, I now find I necessary to pick up my computer keyboard again, and comment on some of my observations over the past month and a half.

First, Happy New Year!

Chasing Obama’s eligibility to be president continues, and will go all the way to the Supreme Court of the United States of America. He is an illegal alien, pure and simple. What’s the difference between Obama and Jesus? Nothing; neither had a long form birth certificate.

Obama’s public approval rating has dropped below 50%, and continues to head toward congresses’ approval rating; this is amassing, since he has only been in office 11 months, amazing. Carter socialist all over again!

Obama has picked up his Noble Prize, for doing nothing, but then it is a very liberal and socialistic organization.

The senate voted the healthcare bill into house conference, in their effort to propel our country further in to socialism. I do not think they will succeed. We will get some kind of healthcare bill, but nothing the Liberals for Kennedy will like.

The CIA is not happy with Obama’s lack of leadership at the national and international level. They blame Obama, and his administration, for the recent deaths of the CIA operatives in Afghanistan.

The military leadership is not happy with the delays in getting the troops to Afghanistan, and Obama’s resurrected Vietnam combat policy (early in the war) of don’t shoot unless they shoot first; we don’t want to offend our “host” nation, which gets our troops and CIA operatives killed; as it did in Vietnam.

And then there is Obama’s Hawaiian Christmas vacation; which masquerades, while his family may be enjoying Hawaii, and it is beautiful scenery, Obama is busy working on his long form birth certificate.

In spite of all this there is evidence, over the past year, that our nation is waking up for its deep sleep of the past 80 years, and finally is ready to take back their abdicate rights from the people they gave them to over the years, their elected representatives in both house of Congress.

It has, in my view, been very encouraging to watch as “We the People” finally not only seen the light, but are now stepping up to the plate, and making their voices heard. The “Tea Parties” and other events are scaring the crap out of the Left. If you listen they are being heard, all you have to do is listen to the Liberal Left MSM bad month these patriots as radicals, insurgents, and out to touch a progressive society and reality; and they are nervous. Even the frightened in congress are downplaying the vocal patriots as radicals, low lever terrorists, ect.

It all starts at the local ballot boxes in every city, county and state in our nation. 2010 should be the resurgence of State’ Rights and the rights of We the People”. We need Conservative/Constitutionalists or Independent/Constitutionalists in our congressional houses, so listen not to what your candidate says, but to what they do before you vote; check them out.

As many have advocated, we need to change the entire face of both house of congress by replacing every sitting representative and senator as they come up for reelection. Some say that would leave us with less experience in government; I say, so what, what have the sitting electees done for our nation, and us while they were there? They have done We the People no favors simply based on the legislation they have produced which has further put all of us in jeopardy, and pushed our nation further toward socialism. As the advocates say, throw the bums out; and if the new elected representatives repeat the same mistakes of the ones they replace, throw those bums out too. It’s an evolutionary process, and it will not happen over night, but overtime. If we do not start today, this month, this year then we are already behind a day, a month, or a year. Watch who funds the campaigns of your legislative candidates; if you see big business and their PACs involved, do not vote for that candidate because they will be owing to that money source if they get elected. Personal donations, state funds for candidates, and the like is what each candidate should be showing on their financial disclosure statement for each run for their respective seats.

Remember, term limits? It starts at the ballot box for each election cycle; we do not need legislated term limits; it’s already there we just use it. In my opinion legislated terms limits is a voter copout that allow the legislative process to preempt going to the ballot box; a process that got us in to this situation in the beginning; complacency.

2009 was a disaster on the executive order and legislative front, and further imbedded the Liberals/ Socialists in our government, which started over 80 years ago. We the People, have now recognize that those in congress, in both parties, have little in common with the people back home, except they all come from where we live.

Our elected representatives, instead of going to congress each year to start eliminating laws on the books which hamper the growth of our nation in jobs, economics, and capitalism, find ways to further curtail that growth through new taxation, new policies and other way to redistribute the wealth of the nation.

If our electees would go there each session and repeal a law or two, and write no new legislation our nation would soon flourish, and head in the direction those of us have envisioned our entire adult live.

If you noticed the economic recession of 2009, has simply vanished, when you look at the recovery of the stock markets, the DJIA is now over 10,000 again, and the other stocks are back where they were before the markets were declared by the OUR government to be a disaster; all of this has been accomplished through nothing the government has done. The recovery was self-induced by the businesses making internal adjustments; as they would have with out our government declaring them in a recession. We all need to remember the government produces nothing, sells nothing, and never makes a profit as our wallets can attest to in our tax bills each year.

This is the current and ongoing problem of our legislative branch of government; most of those who are elected to their seats have never run a company, a business, or had to make payroll. They know nothing about meeting a budget, making payroll or positioning business in a market. That given, how can they tell someone how their business should be run; which they do with every piece of legislation they write, or enact, and is signed into law.

If these elected members of congress were good at running a business that is where they would be, running a business, not sitting in congress pretending to know is all.

That said; this is one of our real issues, in my opinion, if we go back to the founding of our nation; congress met annually, for at least one day, each legislative year to take care of the nations business; which was maintaining a Navy, funding the Army every two years, and dealing with commerce at the sea ports and borders. All money for the federal government was generated by import fees, duties and the like, there were no income tax. Since these legislators were not salaried they did not look to the federal government for their support or lively hood. In doing this they in effect were simply business owners of the nation who ran, and operated, their own companies. When they came to congress each session they brought with them their knowledge, experience, and insight for running a business, making a local economy grow, and did not legislate to interfere in that process. At the end of each session they went home, and continued to run their companies; their compensation while congress was in session covered their expenses, and comparable wages or salaries, and when they went home they took no more money from the US Treasurery. There was no federal retirement program, and they did not expect one, since they never legislated a retirement system during those sessions. Simple and effective, they were business people leading a nation.

Now fast forward to today, and our professional politicians we have elected into congress over the years, my how they have been self serving, and continue to be, and we let them get away with it because we allowed ourselves to think they knew better than We the People how to lead our nation. How wrong we were, and how wrong we will continue to be until We the People change the legislative system back toward the system our Constitutional Republic gave us.

Again, it starts at the ballot box, and in our institution of learning, which is a subject for another day.

Yes the nation is larger than 13 colonies today; but, common sense should also prevail; in the way we take care of managing our federal government. State’s Rights is one of the issues to getting our government back home where is belongs.

One more thing, before I silence my keyboard; Political Correctness is ruining this nation; the fear of offending any one should not be a concern in managing our daily lives, our businesses and our religious beliefs; the secular progressives would like it to be otherwise, and they have tried put the fear of government in all of us in place of the fear of God which we were raised to believe would be our bane if we did not live up to the Ten Commandments, and the bible’s preaching; and yes we are a Christian Nation first, last, and always.

The Audacity of Some

Now comes Barrack H. Obama President of the United States of America and Commander in Chief of the United States Armed Forces. Does anyone see the audacity of this? Does anyone expect the United States Congress to represent “We the People”, and not their self-interests? Does anyone expect the Supreme Court of the United States of America to uphold and protect the United States Constitution? Does anyone expect the Chief Justice of the United States of America to uphold and protect the United States Constitution?

At this point the answer is NO! Since the nominating committees of all the parties who had candidates in the 2008 elections proclaimed their candidates for president there have been questions about eligibility of some of the candidates. In particular both major parties Democrat and Republican.

John McCain was the first; John was born in 1936 in Panama while his father was assigned to a United States Naval Base in that country. While McCain’s father was on assignment to that country John McCain was born. We will leave it there for now.

Barrack Obama was never questioned about his eligibility; we do not know where he was actually born. His records are sealed by his hand. Obama claims to have been born in 1961 in Hawaii. Hawaii had joined the confederation of the United States of America in 1959. However, until Obama produces his long form hospital birth certificate We the People will never know the truth. We will leave it there for now.

Our country, the United States of American, was born over 233 years ago as a Constitutional Republic; which means we are a nation of laws. This means the United States Constitution is the primary, or basic, law of the United States of America from which all other laws of the nation are derived.

That in mind, we can look to our Constitution for guiding principles that were set in place to protect We The People and our Constitutional Republic. First it established three important, but separate, branches of government; in so doing the founding fathers set in place a means for checks and balances on the three branches. It was the founding fathers’ intention that no one branch of government would be able to control the entire government with not accountability to We The People.

The Executive Branch of Government is the branch charged with carrying out the nations business as dictated by congress through their enacted legislation once signed into law by the President of the United States who has veto power over the legislation, therefore a check against congress. If the President vetoes the legislation then is does not become law, and is returned to the House of Representatives for further consideration. Once the vetoed legislation is returned to the House of Representatives they have two options; 1) rewrite the legislation, and go through the approval of process of both houses of congress; or 2) override the president’s veto by a vote of ¾ of the sitting House of Representatives; in which cases it becomes law over the president’s veto. This ensures that the President cannot arbitrarily veto the law when it is in the best interest of the nation and its people and congress is in concurrence.

The Legislative Branch of Government is the representative branch elected by We The People of the various states, and charged with the responsibilities given them by the Constitution, and no other; so in that regard the congressional houses of congress legislate the laws of the United States of America based on the authority given to it by our constitution. The congress is comprised of a House of Representatives and a Senate. Each state is allowed two Senators without regard to it’s population; the House of Representatives however, is allowed representatives based on the population of the various states, therefore the more populace states may have many seats while the less populace states may have only one seat which is mandated by our constitution for those states with very limited population such as North Dakota for example which has one representative.

The Judicial Branch of Government is charged with the responsibility of uphold in the laws of our constitution, and the laws enacted by congress so We The People are protected, and able to live our lives in accordance with the laws so enacted. In that duty the Supreme Court of the United States of American and The Chief Justice of the United States of American are responsible to us, We The People, to ensure the laws enacted by congress and signed into law by the president are in accordance with the Constitution of the United States of America. The Chief Justice and the Supreme Court do not make law only enforce the laws on the books, and contained in our Constitution. They review laws of congress to make certain that they are constitutional before enactment.

Now let’s look at our constitution; while we could spend hours going through each article of our constitution; remember, for those of us who were able to study our constitution, both in high school and college, it took up most of a semester. For now we will concentrate on Article II for purpose of this writing.

I have insert Article II below for reference as I take up the issue of this writing.

When John McCain and Barrack Obama were nominated to run for President of the United States of America the nominating conventions and the delegates thereto did not vet either of these candidates for the Office of President, and why do I say that? Either of these candidates were, in my opinion eligible to seek the office, because neither of them could meet the qualifications set out in Article II Section I Paragraph 5 of our constitution which requires they be Natural Born Citizens, and not just citizens of the United States.

John McCain was born in Panama to a mother and father who were US citizens; therefore he was a citizen of the United States by birth; however, he was born on foreign soil, and therefore was not a Natural Born Citizen. We know this for sure because he produced his long form birth certificate as proof.

Barrack Obama on the other hand was born in Hawaii, maybe, to a mother who was a US citizen under the age of 18 years, this will be important later, and a father who was from Kenya, a British Crown Colony of Africa. Since his father was a foreigner, living Hawaii while attending college there, he could only convey the citizenship to which he was subject, that of a Subject of the British Crown and later Kenya. Begin a Subject of the British Crown, once attained, is for life unless renounced. Being a Kenyan citizen at birth only lasts until the age of majority at which time that citizenship lapses unless formally reaffirmed by the individual.

So if we look at the dictates of Article II Section I Paragraph 5 we now need to determine what did the founding father mean when the inserted Natural Born Citizen when they wrote it into our constitution. We also must remember that the only way to change our constitution is through amendment thereto which needs to be ratified by 2/3 of the various states to become law’ a length and laborious process.

To do this we need for read the many letters, articles and documents called the Federalist Papers written by our founding fathers to provide the answer to this question.

One first needs to put themselves in the time period of the founding fathers, reflect on where they had been and where they were trying to go. The new nation had just fought a bitter and costly war of independence with the British Crown, to throw of the yoke of oppression, which they had suffered under for many years. This was a Monarchy administered by the single hand of the King of England with no meaningful representation of the Colonies. Therefore, the founding fathers did not want to repeat the past and looked beyond England for the answers to form a new government. Almost to a man, the founding fathers were intellectually astute, most spoke several languages, had served in some capacity aboard representing the Colonies prior to the revolution, and very religious, with exceptions. Franklin, having served in France was familiar with a book written by Vattel call the Law of Nations. Vattel was a philosopher, a legal scholar and lived in Switzerland. Being familiar with the works of Vattel Franklin wrote to a friend in France and asked for three copies of Vattel’s writings to help frame our new constitution. This is documented in his letters and the Federalist Papers and therefore of knowledge. Franklin, upon receiving these books kept one for him and left two for the founding fathers to use as their reference. John Jay the first Justice of the Supreme Court and legal source for the founding fathers also used Vattel’s works extensively. When we look at Vattel’s influence on the founding fathers in their deliberations we can understand why the setup our Constitutional Republic, and not a Democracy, or some other form of government; the founding fathers wanted a form of government that could survive, not last a few years and them become something else at the whim of a few.

So if we look at Vattel’s works and see his definition of citizen and natural born citizen we can see what the founding fathers intended without explanation in Article II Section I Paragraph 5.

Read carefully the following:

E. Vattel stated in 1758, as translated into English in 1797:

"The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see, whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country."

E. Vattel, The Law of Nations, Sec. 212 Citizens and natives. In Footnote 1 at the end of Sec. 212, Vattel stated that “as a general rule” the child inherits his father’s citizenship, or his mother’s but only if she isn’t married.

After reading this, and carefully reflecting on the intent of this writing, one can reasonably come to the conclusion that a Natural Born Citizen is one born of mothers and fathers who are already US citizens and in the country of their citizenship.

Some would have you believe otherwise, that all that is required is US Citizenship. They are wrong.

The founding fathers, if you read Article II Section I Paragraph 5 carefully, did, when drafting our constitution, exempt themselves from this requirement because most at that time they could not meet the requirements as most were either born abroad of parents not citizens of the new country, or had been born in the country of non citizens parents, and therefore would not be eligible to serve as president. You will also notice they restricted the waiver to those present in the country at the adoption and ratification of our constitution, and not beyond that time period. The founding fathers wanted citizenship purity of anyone to serve as President and Commander in Chief to ensure no outside influence on that office and its duties to the nation. This again is well established in their writings and documents.

Now lets go back and look at McCain and Obama, and their run for the office.

McCain was born abroad, Panama, and even though born of two citizen parents was born abroad, and even though his parents were US citizens he was born on Panamanian soil and not sovereign US soil; therefore not eligible for the office of president. One could argue that if he had been born at the United States Embassy in Panama that he would have been a Natural Born Citizens since embassy property is sovereign US soil. However, if born on a United States Military Base in Panama, the base is not sovereign soil, but merely leased ground, and therefore still Panamanian soil. The United States Senate in their resolution declared McCain a Natural Born Citizen, and therefore eligible to run for president erred; first because the senate violated our constitution since the constitution does not give them that authority; second they were in effect legislating that which they are not empowered to legislate.

Now Obama, even though the Senate took it upon themselves to weigh in on McCain’s eligibility they completely ignored Obama. Why, only history will answer that question.

When we look at Obama’s eligibility I see vast gaps in his claim of citizenship, because number one he, by his own admission in his book and speeches, acknowledges he is a dual citizen because of his father. Second, there is much controversy about his Hawaiian birth; yet to be conclusively proved. Given these two facts, why was he declared eligible to run for the Office of President of the United States of America without conclusive proof of his eligibility? The answer, I believe, is the complicity of those who wanted anyone, regardless of eligibility, who could win over We The People and wanted change at any cost because of philosophical and political differences. The old axiom is “be careful of what you wish for you may end up fulfilling your wish but not like it”.

Barrack Obama, in my opinion, is not constitutionally eligible to be President of The United States of America simply because he is a dual citizen at best, if in fact he was born in Hawaii; and further not eligible because he cannot meet the requirements of Article II Section I Paragraph 5 thereof.

We have not even delved into his other issues, a possible Kenyan birth, an apparent adoption and his citizenship of Indonesia, his falsification of records (Illinois Bar License Application, Selective Service Records, Passport, College Records} none of which are available for public review since he has ensured to this date they are completely sealed, having spent over one million dollars to keep them from the light of day. Executive Privilege does not even factor into this secrecy since his personal records are not a matter of national security and were created long before he ever ran or was elected to the office. A reasonable person would believe Obama has much to hide; and absolutely nothing to gain by releasing the records, which would clear up this matter and establish his legitimacy for the office.

Who lose if he is declare ineligible for the office, for starters all of those in his cabinet, all of those on his white house staff; and all those behind his nomination and election who wanted our government changed.

We the People are currently the losers in this, since those who voted for an ineligible person to be president were either duped or blinded by the lack of facts. We have all been asleep for too long. We are waking now and as we wake a new dawning is coming starting in 2010 when the mid term elections are held. When you go to the polls remember the ones now sitting in congress, both houses, are complicit in the cover up of Obama’s eligibility, regardless of their reasons. They knew it and did nothing about it out of fear. They took the oath of office, and swore to protect and defend the constitution and immediately thereafter abdicated that oath for their own self-interests not the interested of the nation and We The People. It’s time to vote them out of office starting in 2010.

For reference: Blue for emphasis!

Article II

Section 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.''

Section 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3.

He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4.

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Dumbing Down the Constitution the United States of America

Dumbing Down the Constitution the United States of America

As I start this article, I am overwhelmed by the magnitude of what has happened to our Constitutional Republic over the last eighty years. In that regard where do I start?

Let’s start in 1928; FDR was elected Governor of New York, after several government jobs, including Secretary of the Navy under Wilson. Then in 1932 Roosevelt was nominated and elected as President of the United States of America. Times were tough, the stock market had collapsed, people were in the streets, out of work, and out of money, and desperate for job or help. The churches and synagogues were unable, as in the past, to meet the needs of those hungry and out of work. Then enter the New Deal Program, Roosevelt’s first of many social(istic) programs. This is not to say this was wrong, it was needed at the time, since the states had already abdicated their responsibilities to their citizens to our federal government. Usher in the Social Democratic rule of man in the United States; our founding fathers are still turning over in their graves today.

Had Roosevelt had the New Deal Program enacted, and voted into law with a sunset provision which would have been triggered by some mechanism, i.e. a full employment benchmark of 6% or less unemployment, or a GDP of X, etc. it would have made sense in a Constitutional Republic, a nation of laws, with small d democratic principles. This did not happen; and therefore was the mechanism of the New Deal Program which the was replaced by other welfare program; which progressively became more expansive over the ensuing years since 1932. The Constitution and 10th Amendment does not give Congress the authority to create, and perpetuate a Welfare State.

Many believe Roosevelt was a genius, and pulled our nation out the deep depression; this is mistaken thinking. This nation went to war (WW II) under Roosevelt, it was that war, the massive need for weapons, armor, planes, ammunition, food supplies, logistics, etc. that began the expansion and resurrection of the industrial industries in the United States. Yes it was federal dollars, bond dollars, etc. that paid the price to industry for the necessary expansion, employment, and the means to do this, but one also needs to remember the government, although supporting capitalism, controlled prices, commodities, and the industries until the end of the war effort.

Now back to my main thought when did the Constitutional Republic of the United States start it’s Dumbing down in earnest?

Following WW II the nation need a transition from the war effort, Roosevelt had died, Truman was president, the transition was short lived because of Korea; our next war, excuse me Military Police Action, as mandated by the United Nations, they could not call it a war, even though men and women were dying in support of South Korea against North Korea’s attempt to expand its influence over South Korea. Our congress could not bring themselves to sanction a war, therefore Truman declare it a Military Police Action since he could not get approval for a declaration of war out of congress..

Liberalizing the conservative world through the world organization, the UN.

Truman, in my opinion, was not a socialist liberal, as socialists go; he was a farmer from Missouri, he had actually made a living by working and running his own farm business, and practicing law, therefore he understood the need to allow business to operate with limited government influence. However, congress did not agree, and Truman was not elected to a second term; but then he should have not been able to run again for the presidency since he could not have three terms under Article III of our constitution, having served out Roosevelt’s 4th term, and one of his own; which made two terms. Roosevelt was allowed by the United States Supreme Court and the United States Congress to serve more than two terms, in violation of the constitution; because of the war effort underway at the time. Another article for another day, about usurping the constitution, and not living up to the oath of office by all involved.

Enter Eisenhower, Ike was a good guy, filled a need, but was basically do nothing president, played golf, was a historic General of the Army, who had successfully waged war in Europe, who sat as a placeholder while the Republicans and Democrats where deciding the next course of action for the United States’ next President and Commander in Chief.

During Ike’s time in office the liberals were further establishing themselves in the halls of congress, the state legislatures and state capitals, while kissing the behind of the newly formed UN in the name of global security, which was a farce, and did not mean much to the average hard working US citizen at the time. It was the next step in the evolution of what has happened to date.

Keep this in mind, while reading further, The New World Order (now renamed Globalization) that you will hear much about from those well Socialists/Marxists entrenched in the ideology of those espousing its salvation for the world and at the expense of Liberty and Freedom for all.

The Russians warned us, at the end of WW II, that socialism of the world under communism would happen, without ever firing a shot.

The Cold War was a serious threat, but not the over riding agenda, it was a distraction that allowed the socialist agenda to advance around the world while we the United States was preoccupied with the threat of war with the USSR. Their road map had already been drawn; Russia became the United Soviet Socialist Republic as it claimed the countries to form that Republic, using Republic in its name was a farce since it was not, and was never intended to be a Republic. It was a totalitarian bunch of thugs with Lenin and Stalin as the master thugs.

The Cold War which kept us, the US, occupied for the next thirty five years trying to keep our nation safe while the socialist, marxist and communists around the world entrenched themselves in positions of power in every country on earth that was not already within their power or influence. This included most of Europe, Central America, the United States of America, Canada, Cuba, New Zealand, all of South East Asia, Africa, India, Pakistan, the Middle East, and South America, and the list goes on.

While we slept, most of us, our country was transformed, slowly, into a self indulgent society resting on the idea those we elected to congress, and the white house would watch out for “We The People” and the nation; while in fact the opposite was happening. Slowly, gradually, and methodically as congress, passed legislation, and the Presidents capitulate, and signed the legislation into laws that were clearly unconstitutional, with the intend to slow make the Constitution of the United States of America and its Amendments irrelevant, in their quest to change our nation from a Constitutional Republic to a Democracy without ever amending the constitution.

When the US Constitution was signed; and ratified by the various states, it set down the principles of how the Laws of the Republic were to be administered, who was to administer and under what principles they drew their powers to administer and represent the Federal Government for “We the People”; those directions are contained in the Articles of the Constitution and the Amendments thereto. The Federal Government has no other powers than those ordained in those documents.

Congress is supposed to legislate, under the authority given to them by the United States Constitution and the Amendments thereto. The Executive branch is the administrative branch of government which is charged with carrying out the legislation as signed into law, the executive branch has only those powers given to it by the constitution and no other. If congress passes legislation, and the President signs it into law, but congress has not provided funds to administer the legislation then the legislation, by law, is moot (has no effect) until funding is provided.

Now the Judicial Branch of our constitutional government, they are charged by our constitution to ensure all legislation passed by congress is constitutional before the legislation is sent to the Executive Branch to be signed into law; somewhere along way the Supreme Court has neglected to scrutinize the legislation coming out of congress, and only gets involved if it is challenged directly by the states or comes to them on appeal from a lower court decision. It’s like putting the cart before the horse scenario when they should be looking at it before it reached a lawsuit.

Much needs to be done by “We the People”, and it starts at the Ballot Boxes across the nation. Our representation need to change, and change as often as needed until those we elect get the message, we are paying attention; and when elected they represent us, are elected to work for us, that States’ Rights are sovereign, and the constitution is relevant and guiding in how they administer their oaths of office once elected.

Our duties as citizens, going forward, are to be involved, even if the only thing each of us does is Vote.

We cannot allow our constitution to be usurped by those that do not have the interest of our nation, and We The People, first and foremost in their minds.

Being self-serving is disingenuous, and makes those elected hypocrites.

Jim Buzzell
Retired Senior Chief Petty Officer
United States Navy
“Going in Harms Way”

More Constitutional Reflections for "We the People"

Why does the Constitution of the United States of America only apply to Congress when they find it necessary?

“We the People”, why is the federal government usurping states rights?

The answer can be found in the various Supreme Court Cases that have decided, under the “Commerce Clause” that the federal government can impose their wishes on the various states because the actions are interpreted to be “interstate commerce” when in fact it is intrastate commerce. The problem here is not just the Supreme Court, it is also the states that do not exercise their rights and challenge these usurping practices of the federal government. Why?

The answer lies in federal taxation. The residents of each state pay taxes to the federal government to fund various federal programs which the states then in return receive funds from the federal government to pay for federally mandated programs. If the state(s) decide they want to opt out of any of these federally mandated programs, as to restrictive on states rights, then the federal government simply withhold these funds from the state(s). This represent tax dollars paid to the federal government by the taxpayers of the state(s); and is basically extortion on the federal level. Why are the state(s) not challenging these federally mandated programs when the interfere with states rights; the simple answer if fear of the federal government; and complicity over the years.

The state(s) have the right to challenge the federal government on any legislation that it enacts that in their view violates state’s rights. If the government does not back down on implementation, and suit is brought by the state(s) against the United States of America the case automatically goes directly to the Supreme Court of the United States of America and to no other court. The constitution does not allow any inferior (lower) court to hear these cases, as they are between the state and federal governments.

If you really read and understand Article I Section 8, its subsections, and the 10th Amendment you will understand what the Founding Fathers really intended for control over the federal government, while protecting the various states, from over reaching their respective duties and responsibilities for the citizens of those states.
For those thing delegated to Congress, their was a means to carry out those things delegated which meant that if the legislation was passed and constitutional they could then allocated the funds necessary and reasonable to carry out the legislation.

Example, congress was authorized to raise and maintain a Navy, therefore once the legislation was passed and signed into law; they would need the funds to pay navy personnel, which was necessary and reasonable to stand up the Navy; then the Navy needed bases, ships, hospitals, etc. those things were necessary and reasonable to maintain the Navy therefore the funds were constitutionally authorized when legislation was passed to support the need. If you look at Article I Section 8, and the 10th Amendment and then use the reasonable and necessary doctrine you can see those things authorized. Then look at the legislation in acted and enforce today which do not meet the constitutional authorization test, which means these things are unconstitutional.

Another good example, and there are many, is the 1942 case:

The court decided: “ ” & ( ) added for emphasis

In Wickard v. Filburn (1942), in the context of the Second World War, the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for "home consumption" on a farm--that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer's growing "his own wheat" can have a substantial cumulative effect on “interstate” commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers (“foreign”). Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat.

It is my opinion that this case was wrongly decided by the court for the following reasons; it established wheat growing quotas on farmers which was meant by the federal government to control wheat prices, and thereby obviously means of controlling the commodity markets for wheat production. This was, and still, is a obvious interference with the free enterprise system, and a federal government invasions of the free market system. This practice continues today, under another program know as CRP where in the federal government pays farmers to take land out of production, pays them to do so with taxpayer dollars, and thereby interferes with the free market system for food crop production and thereby controls prices at the market.

During WWII there was a need to feed the troops, this was not the intent of the farm quota legislation for wheat production. Why do I say that; simple, there was rationing of many food products during the war, wheat and corn flour was one of the commodities rationed. Why then the controls on production? It was simply to prop up the wheat prices to protect the farmer from having to operate in the free market system where wheat prices would have been low because of high production, when the need was in fact great. If it was truly to support the war effort it could have been implemented under the War Powers Act, and then abandoned it at the completion of the war.

Congress did abandon quotes after the war but replaced it with CRP, basically still controlling prices, with the farmers being complicity in that effort by signing up to payment not to plant. Thereby ensuring market prices in their favor. If you did not have CRP, and the land was in production what would the commodity prices at the market place look like today? That loaf of bread may be less expensive.

Point of interest, the Tenth Amendment accomplished nothing as you read the earlier Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."[1]
After the Constitution was ratified, some wanted to add a similar amendment limiting the federal government to powers "expressly" delegated, which would have denied implied powers.

However, the word "expressly" ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not amend the Necessary and Proper Clause.

Another example of necessary and proper:

Article I authorizes congress to coin and print money, therefore it was necessary and proper to establish a bank to support this legislation:

"The necessary and proper clause is used to cover any governmental action not enumerated in the Constitution. Thus, it creates implied powers. These are powers that are not stated in the Constitution, but are implied by the government's need to carry out its functions. Strict Constructionists argue against the more liberal interpretation of this clause, claiming that Congress does not have the power to enact anything not enumerated in the Constitution. The issue came to a head in the case of McCullogh v. Maryland. Maryland claimed that the First Bank of the United States was unconstitutional, since its creation was not called for in the Constitution. The state proceeded to tax the Bank. John Marshall, writing for a unanimous Supreme Court, ruled that the actions of Maryland were unconstitutional, since it could not tax any part of the government. The Court also held that the Bank itself was constitutional under the "necessary and proper" clause.”

The arguments, for and against, the implied power, and reasonable and necessary varies depending how one comes down on this philosophically; and you can draw your own conclusions.

I, personally, come down as a strict constitutionalists, I believe state’s right preempt all, as long as the states are pre-disposed to making their own decisions, carrying them out, and not rely on the federal government as all knowing and all seeing.

The massive bureaucracy with one size fits all mentality usually get it wrong, and “We the People” end up paying for the inadequacies, wherein if it was left at the state levels the people are in control of their legislatures, and if they do not get it right recall is available, and more easily carried out.

Jim Buzzell
Retired Senior Chief Petty Officer
United States Navy
"Going in Harms Way"

Battling the Progressives and Seculars who do not like our God Fearing Constitutional Republic of the United States of America!

I've been busy, but I have not forgotten our mission to save the Constitution of the United States of America.

Yes God is a constant reference in our Declaration of Independence and the Constitution of the United States of America. Many are not comfortable with that, and try to separate church and state beyond the what the Founding Fathers wrote; yes they kept religion out of the legislative process; that did not mean keep God and references to God out of the government as established. If you read the founder’s papers and the history of the writing of the constitution you will find that religion played a very important part in the process.

First let me state the United States of America is a Constitutional Republic, a nation of laws, with Democratic principles; we are NOT a Democracy!

I realize there are those predisposed to bashing the Constitution of the United States of America, who denigrates the wars, which this nation has fought, and fights today, on behave of us and other nations. The freedoms our armed forces fight for in defense of the Constitution are the very reason these Liberal/Socialist/Marxist followers have the right to say what they think and feel about this nation; we, the constitutionalists, and the men and women who have taken the oath to protect, and defend the Constitution of the United States of America have provided that right for over 233 years after our founding. No other nation can match what the United States of America has provided the world and us.

We need to be aware that the New World Order movement is real; it raises its evil head every once in a while, now under a new label of Globalization; which means, by either term world domination. Stay alert be vigilant and stand against any movement in that direction.

Now to Article II of the United States Constitution, and Obama:

The fact that President of the United States is also the Commander in Chief of the Armed Forces of the United States is the very reason the Founding Father wanted a "Natural Born Citizen" sitting in the Oval Office. Owing no other allegiance to any other country or nation, and most certainly because he or she is the CIC. If Obama proves to not meet the requirement for POTUS/CIC; then yes he needs to leave the office, either through resignation or impeachment. Will the nation suffer from his removal, yes; will there be riots, probably yes; will we survive the aftermath of his removal, yes; will this nation have learned a lesson, I hope so; all this aside, we are still a Constitutional Republic, a nation of laws; and can remain that as long as the citizens of this nation understand the importance of being a free nation for the people, by the people, and not by those we send to congress with no oversight from us the people.

Everyone who cares can help save our nation if they will just step up, and vote in the ensuing elections using the power of their own reasoning, deductions, and not what someone else tells them is right.

My personal feeling is Obama is an impostor, fraud, usurper and an illegal alien. We shall see, his long form birth certificates will tell the story. We know one thing already, again by his own admission he was, and probably still is a British Subject by his father's seed; if born in Kenya, he is a Kenyan, if born in Hawaii he would be a citizen; not a "Natural Born Citizen. If this proves to be the case he has duel citizenship, and therefore is not qualified to be POTUS/CIC.

Retired Senior Chief Petty Officer
United States Navy
"Going in Harms Way"

The New Smoking Gun in the Obama Constitutional Game

The following is this blog owner's personal feeling and comments, taking no reference from any other blogger or contributor.

It is August already, where does the time go?

It is interesting that not only does Obama not want to produce any of his vital records from birth to now; but he continues to spend very large sums of money from his campaign to keep these record from the light of day. This cover up only fuels the smoking gun theory that fuels the fires for those of us who want the truth, not just for the sake of truth, but to confirm our constitution has not been usurped, and thrown under the proverbial bus.

Now comes the new smoking gun to add more fuel to the fire; Obama's purported Kenyan Long Form Birth Certificate posted on other attorney sites. If verified as an authentic certified copy of his Kenyan birth this country will be thrown into a turmoil never before seen.

There are those who will cause riots to protest the removal of Obama from office because they will not be able to fathom the first black man being removed no matter what his origin. These are the people who do not understand our constitutional system of government, and believe the people rule ahead of the laws of the land. This is unfortunate, but a reality.

Then there are those who will protest the racial inequality of the removal; should in come. Again this will be for the same reasons stated above except they will be strictly playing the race card that Obama and others have taught them to use when cornered on any perceived racial issue; which this is not.

Should it come to pass that Obama is not a citizen of the United States, and is an illegal alien posing as a citizen, and be removed from office; this nation will survive the turmoil and humiliation suffer from Obama's actions.

This nation as a result will learn a needed lesson on the need to protect and defend our Constitutional Republic from being overturned from within.

It is my opinion that all of this is part of the larger conspiracy to over through our form of government, and institute the form of government that fits the NEW WORLD ORDER (Globalization) agenda being tauted by the subversives inside and outside of this country.

Conspiracy, you bet. Real, you bet. Can we stop it, you bet we can.

Do Not be Fooled by those who feel our form of government is antiquated, and needs to be progressive.

Not so, and the Founding Father, in the infinite wisdom, saw this coming down the road over 233 years ago, and setup safe guards in the Constitution of the United States of America to prevent this if only the citizens would exercise that right through their elections, in the courts and in their state governments.

Retired Senior Chief Petty Officer
United States Navy