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The Demise of America

Sunday, July 4th, 2010

The Demise of America

Gary Hunt
July 4, 2010 (and the 234th year of our Independence)

 [Note: I would like to acknowledge the assistance of Trey Tasker for review and editing this article.]

Where we began

America!  Just what is America?  Well, for a few centuries, it was the ideal of individual freedom and prosperity.  It was the hallmark of self-government, and it was the ultimate salvation of two major efforts of world conquest.  It was the deciding factor in both world wars, and was the refuge for those oppressed, elsewhere.  It was, for all intents and purposes, a great experiment that had proven itself over all other forms of government and a foundation of moral values, which, un-retarded, had provided a commitment to the rest of the world for aid in achieving similar prosperity, freedom, and moral value.

America is an overreaching name for what is, geographically, just another country in the world of countries, though it was also the name that applied to a Union of countries that had joined, for better, or for worse, to achieve those goals set out by the Founders, some 220 years ago.  America was manifest in the United States of America.  It was and remains that which is otherwise unachievable in other nations of the world.

A thorough study of the history of the United States will demonstrate, to all, that it had, after its inception, surpassed all expectations in establishing itself amongst the nations of the world as a formidable force with which to be reckoned.

Within 36 years of its separation from Great Britain, it had achieved the means of defending itself against the most powerful imperial power in the world.

Within the first century of its existence, it went through a tumultuous period of civil war, though it managed to avoid the separation, or change of government, that would otherwise have been the result of that upheaval.

Within just over a century, it had attained a position of esteemed prominence in the world of industry.

Within 150 years, it had become the economic center of the world whose dollar became the exchange currency most acceptable among the other nations of the world.

Looking back from the challenges of today, the questions that haunt us are:

1.  Has America lost its values — its moral compass — and those many aspects, as set forth by our Founders, that had set it out as a model to the remainder of the world?

2.  Has it outgrown its usefulness both to the people who call themselves Americans, as well as those who look, from afar, and envy that which was?

3.  If so, what has lead to the demise of that image of a better life, or, was it just the imagination of those who proclaimed its nature, for those two hundred years?

Political Correctness

Freedom of Speech is probably the most important and absolutely necessary enumerated right in the Bill of Rights.  The ability to express oneself, both to others and to the government, is fundamental in a country that is composed of self-governed people.

That freedom allows us to express ourselves to others, but also to ourselves.

So, what happened when the means by which we express our thoughts, concerns, ideas, beliefs, and, secrets, is curtailed, by any means, at all?

Let’s look at how this works.  Suppose you have had a religious upbringing, and a morality founded upon that belief.  You understand that heterosexual relationships are the only morally acceptable form of relationship.  You were raised understanding that homosexuals were immoral, and the idea of two people of the same sex having relations together was repugnant.  There was another word, a slang word that was used by most people including homosexuals, which was a reference to that type of relationship.  The word was “queer”, yet it was not necessarily derogatory.  After all, it meant odd, curious, or unexpected.  There is little doubt that the definitions fit, when compared with what was presumed to be the proper moral relationship.

Of course, the term “queer”, being odd, was indicative of someone who was not up to par with the morality and, as such, tended to exclude them from the acceptable norm.

Now, what if there was a concerted effort to abolish the terms queer and homosexual, through a policy of what is known as “political correctness”?  The substitute term would be “gay”, meaning light hearted, brightly colored, or carefree.  Under the social, political, and, in some cases, legal pressure, you succumb to the new phrase for what was considered immoral, not to very long ago.  You accept and use the term.  Over time, your mind follows that implied change in the character and nature of the word, and what used to be unacceptable, or immoral, behavior, has, both in the spoken word, and in your mind, attained a degree of respectability that, without political correctness, would never have been achieved.

Before long, you have adjusted your moral values to accepting what you knew to be unacceptable, though you are not sure just how that change occurred.

Another word that has come into common usage, though is now defined differently than it was, just a few decades ago, is “hate”.  Hate is defined a number of ways, such as, dislike intensively, or a strong distaste.  Often, hate is defined as the opposite of love.

Hate, however, need not have, and in most cases, at least in the past had, no connotation of violence.  Violence stood all by itself.

Recently, however, hate has changed from dislike of liver, or distaste from immoral behavior, to an adjective that is applied to certain crimes of violence, with the intention of providing more serious penalties, under certain conditions, usually unilaterally.  We have accepted this definition so that certain portions of our society are afforded more protection, under the law, than others, regardless of the extent, and, often, regardless of the cause of a violent act.  As a result, we have allowed ourselves to believe that crime perpetrated against some members of our society are worse than the same crime being perpetrated against other members of our society.

In both of the above examples, we have withheld our (freedom of) speech to avoid offending.  As a result, we have managed to allow our minds to be manipulated into accepting things that we clearly knew to be untrue.

By subtle manipulation, we are having our fundamental right of freedom of speech transformed into behavioral manipulation, a form of social engineering, and, consequently, a very serious encroachment upon that sacred right.

Education

A number of advocates promoted public Education, early on in the formation of this country.  Probably the most well known advocate would be Thomas Jefferson.

Jefferson has given us many quotations of his belief in the necessity of public education, and each will engender the consideration of the effect of the absence of education upon the morality, prosperity (of the community), politics and the necessity for the people to understand, and then, approve or disapprove that actions of the government.

Public Education, however, predates Jefferson.  In the Cape Cod area, for example, an annual tribute of fish was contributed to pay for the services of a teacher, available to all of the children, as compensation for his services.

However, after the formation of the new country, the United States of America, the promotion of public education was left to the county or other entity, at the local level.  It wasn’t until after the Civil War that the idea really took hold and the literacy rates of the population began to increase.

Very probably, the long war, the destruction of property and lives, was instrumental in the desire to assure that the population could consider all aspects of political decisions, so that their affirmation of the actions of government would be based upon being sufficiently educated so as to be able to properly judge those actions.

The following is from the Department of Commerce data, and reflects the literacy rate (of the white population) from 1860 through 1979.

Year                   White Literacy Rate
1870                   88.5
1880                   90.6
1890                   92.3
1900                   93.8
1910                   95
1920                   96
1930                   97
1940                   98
1947                   98.2
1950                   No data
1952                   98.2
1959                   94.4
1969                   99.3
1979                   99.6

Note that there was a continual progression of literacy from 1870 through 1947.  After the creation of the federal Department of Education, in 1953, we see a shift in education from the Public School System, which had achieved so much, over the previous century, to both federal and state entities.  We also see a shift in the upward rates of literacy.

During this period, we were experiencing a rapid growth in population, what would eventually be style the “Baby Boomers”.  These children, the byproduct of the attitude that prevailed after the victories of World War II, did put an increasing demand upon the educational resources, during that period from 1947 to 1952.  It also removed the traditional, and, demonstrably successful, method of education that had brought us what was later described as the “greatest Generation”, all of whom were educated under the former system of Public Schools.

With the intrusion of the federal government, as well as the state governments, replacing the decision making from the local School Board, whose interest was of the ability to educate the children of their own community, to the centralized, political and bureaucratic control of education, by those quite distant from what the needs, abilities, and resources of the community were, also provided a new means of measuring literacy.

Under the new guidelines for the determination of literacy, as it has evolved to the present time, the schools will teach, primarily, that information which is necessary to pass the competence (literacy) test created to measure the ability of the schools to educate our children.  Any education beyond the purpose of proving competence is secondary.

Arts, science, history, and many other areas of discipline have been subordinated to the effort directed to passing tests in which the answers have become the primary curriculum.

It has become abundantly clear that the average product of the government school system is, functionally, illiterate, though the statistics, revised to prove the efficacy of the centralized control of education, will prove to the contrary.

This deals strictly with education, though it does not deal, at all, with the morality, ideology, history, nature of government and the heritage of this once great nation.  Can we assume that the desired effect of the educational system has been achieved when, for the most part, the educational system has become a tool for government propaganda and the reduction of the average education to one of rote and compliance?

Is it in our best interest to put into the hands of those who would enslave us, the education of our children?  Or, should that responsibility be placed back in our own hands.

Religion

Those who first peopled the shores of America in the early Seventeenth Century were fleeing religious prosecution in Europe.  As they established themselves on those hostile foreign shores, they established equally sectarian societies from those that they had fled.  They were, however, more than willing to share the land with others and only endeavored to impose their religious sanctions on those in their immediate communities.

Originally, they were left alone, by the mother country, and allowed to practice as they saw fit.  Over time, however, the Church of England began imposing the tenets of that Church in many communities, effecting the government of entire colonies.  Other religions were allowed to practice, though all paid tribute to the master Church.

A turning point came in the late Eighteenth Century when the ties that had held the colonies to their mother, England, were severed.  The mother Church was allowed to continue, though it was relegated to the same authority as all of the other churches in the country.

Though all religions were allowed to be practiced, even Mohametism, the moral values of the country were firmly established in the Judeo-Christian ethic.  It was the foundation of the laws, the spirit and the prosperity that flowed from the people to make America a symbol of good and righteousness to the world.

It was the moral values that flowed from that religious source that inspired the courage, strength, and commitment, to enter two world wars, which tipped the balance of power and allowed the defensive powers to prevail against the aggressors.

America has, through its entire history, recognized the role of God in its foundations, establishments, and history.  Religious quotations are inscribed on most of the government, both state and federal, buildings built in its first two centuries.  Moses and the Ten Commandments are prominently displayed, many times, on the Supreme Court Building.  Prayers open every session of Congress and our currency bears a prominent “In God We Trust”.

More recently, however, those religious virtues have fallen to evil forces that are endeavoring to undermine the moral values and principles upon which that nation was founded.  And, it is coming from an area least expected.  It is coming through education — academia, and being fed to that country’s posterity, without the consent of the parents, and, as insidiously as if the Church of England were back in control of education, morality, and law.

Of course, it is couched in an innocuous term, evolution.  The term, however, permeates that society on levels that most have never even considered.  In ‘public’ schools, which used to utilize the Bible as a means of teaching reading, and, following the example of Congress, opened each school day with prayer.

In 1852, a forty-one year old Charles Darwin published “On the Origin of Species”.  It was, then, a theory put forth by Darwin that all life evolved from a single cell, which was formed by an accident.  Of course, Darwin knew nothing of DNA, or he may have reconsidered the complexity of a single cell — and its chance of creation.

Today, however, this “theory” has had no advancement, yet it is espoused by the academic community, the scientific community, and the courts (who no longer provide a Bible for swearing in).  They accept the “theory” of evolution over the accepted principle of creation, which now, in deference to the campaign against it, goes by the name of “Intelligent Design”.

The proponents of evolution call intelligent design a theory.  They claim that it is unsubstantiated and that no proof exists supporting the existence of God.  They advance their theories on the foundation of scientific proof that evolution is the means by which life, and man, came into being.  They have, through massive campaigns, removed that which was, Creationism, from the classroom, from the government (where it had comfortably resided for two centuries) and the search for the source of life, science.

The Evolutionists can best explain the effect, especially in the classroom, themselves.  Most will proclaim that they did once believe in God and were raised religiously, though upon their study of evolution, they determined that there is no God, so they became atheists.  Though, perhaps, not scientifically provable, they have laid claim to the proof of the lack of the existence of God to be a direct result of their studies.

They have created, by academic denial for those who believe in Intelligent Design, through establishing curriculum absent any mention of Intelligent Design, through refusal to consider Intelligent Design in any scientific research, and by pursuing legislative restriction on the discussion of Intelligent Design, an environment which is void of such teaching, or even the consideration of Intelligent Design, voiding the minds of our youth of any consideration of those sources of Providence to which the people, and this nation, owe so much.

Absent religion, which provides a moral foundation, we can expect that morality will become as individualistic and varied as the number of people in that country.  Situational ethics — doing what feels right — is becoming the morality of America, and, though not scientific, by any means, is best demonstrated by the very obvious changes in morality (out of wedlock birth rates, divorce, homosexuality, pedophilia, etc.) in recent decades.

The decline in morality and virtue is indicative of the failure of a society.  It loses its moral fiber that binds people together, its commonality, and its very binding sprit, which will, eventually, lead to its demise.

The final point to be made, here, is that the government has chosen to dictate what cannot be said from the pulpit, which has had sufficient impact upon the preaching of immorality.

Immigration

Immigration can be one of many lifebloods of a nation.  In the case of the United States, that lifeblood began flowing more than 350 years before the birth of that nation.  Immigrants from Europe came for many reasons, though most commonly, to practice their Christian faith, without obedience to a state/church government.  This Freedom of Religion, though restricted by community, was not restrictive to the practice of religion, as each saw fit.

Through those first few hundred years, the Anglican Church, from England, held absolute sway, in some of the colonies.  Other religions may have been allowed, by tithes (taxes) were paid to the Anglican Church for distribution only to the Anglican churches.

After the founding of the United States, religious freedom was guaranteed to all, and embodied in the Bill of Rights.  For those, then, and their posterity, the freedom of religion (absence of laws restricting the practice of religion) became assured for generations to come.

Time, however, and the lust for power in government (fear of opposition) generated a subtle change that would begin to diminish this significant right (birthright) of Americans.

It began with the simple gift of tax-exemption for churches.  With the imposition of taxes, which are questioned by many as even being constitutional, any organization requesting exemption from those taxes must file with the government claiming status as a religious, not for profit, corporation.

This, by itself, had no effect on the ability of the church to preach sermons that might favor a candidate, or a policy.  But, over time, those who controlled the purse strings wrote into the laws that the churches, in order to maintain their tax exemption, could not support candidates or policies, unless the government turned their back.  This meant that preaching could include support for anything that the government wanted, but excluded any sermon that would undermine the authority of government, by removing that exemption.

Churches were left to abandon any sermon, regardless of how well founded in scripture that was in opposition to government policy.  Morality had become subject to the approval of the government.  Consequently, church corporations began voting, by whatever form that had chosen, to abandon doctrines that were fundamental to their scriptures.

Few, however, have been willing to challenge the illegitimacy of such incursions into the practice of religion, though most of them are fully aware that sermons preached within the laws of the time (under British rule) offered no such limitation on the exercise of religion.

With banner held high, “Freedom of Religion”, we continue to accept that government is, as required by the Constitution and the Bill of Rights, protecting that fundamental element of a person, and a nation’s, morality.

Manufacturing

Manufacturing and other industries were major elements in achieving prosperity, and attaining the recognition as the greatest industrial power on the earth.

In the Nineteenth Century, the availability of natural resources; open land; desire for expansion and settlement of those open lands; and the free market (uncontrolled by government) became the means by which that prosperity was achieved.

Industry was able to find a market place for its goods.  The availability of resources was unlimited, allowing for rates of production to meet demands.  Absence of governmental involvement gave a free hand for the free market to develop plants, seek new markets, and innovate new products, beyond anything the world had beheld before.  Tens of thousands of miles of railroad connected the Atlantic Ocean to the Pacific Ocean and Canada to Mexico.  Each new mile added additional resources, land for settlement, and profit, which returned to expand the network, even further.

Innovation created new machinery for harvesting of crops, reducing manpower, and increasing productivity in the bread belt, thereby providing more than ample supplies of food to the growing nation.

Innovation also developed new methods of manufacturing, which would continue to lead the way in production, for decades to come.

At the beginning of the Twentieth Century, war encompassed the world.  The geographic isolation allowed product supplies to be increased to meet the demands of wartime goods.  Though our participation in WWI was not immediate, eventually, the spirit, ingenuity, and individualism that had lead to that prosperity provided an American fighting force that turned the tide of that war.

Just a few decades later, another war encompassed the world.  The productivity of that industrial giant was able to produce goods, and transport them across the seas, at a rate that was unachievable by all of the other countries, individually AND combined.  Once again, the American fighting force was the turning point in the war.

The demands of this second war had produced production lines incomparable to anything that preceded it.  Plants that produced toys were converted to the manufacture of weapons, within weeks.  Means were developed to adapt to any demand, and the production facilities went undamaged by war, providing a prosperity, post-war, that was later defined as the American Dream.

To this point in time, a philosophy of “A Good Product at a Fair Price” was the motivation, both in and out of war, to produce.  America was second to none in industry, and more than willing to share its knowledge and resources to rebuild the damaged countries resulting from that war — even the enemy’s country were rebuilt and their industry re-established, mostly along the lines of what America hand learned in the century preceding.

About this time, and in order to aid another country’s recovery, a practice of contracting foreign industry to produce certain goods lead to the denigration of a product by referencing the country or origin, “Made in Japan”.  These products, for the most part, were low profit, easily made, and required little technical ability to produce.

Over the next few decades, Industry continued to prosper, however, the philosophy shifted from “A Good Product…” to what became known as “the bottom line” mentality.

As a consequence, many of the industrial machines were produced, under contract to foreign nations, and then returned to the United States bearing the name of a United States corporation.  The same foreign manufactures also manufactured the same products for sale through different distribution systems, bearing their name, even though the products were otherwise identical.

Most of the raw materials (natural resources) to manufacture these products were mined in the United States, transported across Canada to Pacific ports, shipped overseas in foreign vessels, processed, manufactured to finished products, and then returned to the United States on foreign vessels.  Amazingly, these products would be for sale at less cost than they could be manufactured here.

One of the reasons for this gross disparity in cost of production was the proliferation of unions, demanding higher wages, more benefits, and job security, and, often, limiting production rates to ease the burden on the worker.

The government, by the end of World War II, legislated in favor of these unions, without regard to the consequences, and by venturing where the Constitution did not authorize them to go.

This fueled the fires of profit, at any cost, to the point that became destructive to American industry.  Quite the opposite of “protective tariffs”, the new course was actually beneficial both by support of unions and reduction of tariffs (e.g. Most Favored Nation status), resulting in the decimation of American industry.

Currently, less than 10% of the manufactured goods in the marketplace are made in this country, though they may well bear American names, such as Ford, General Electric, and Motorola.

Absent foreign imports, whether with, or without American names, our lives would approach third world status, unable to obtain goods for everyday household chores, workplace tools, and even industrial equipment.  Even obscure countries produce more for their own consumption than does America.

In less than one hundred years, we have gone from the apex of industry to a country almost void of industrial production.  We have become dependent for our daily lives upon those who may, at some time in the future, become our enemies.

Dependency

Dependency, by its very nature, makes one subordinate to that upon which it depends.  Children are dependent upon their parents, until they have reached an age and the competence in which they can depend upon themselves — independence.

Employees are dependent on their employers to provide both the wages that they earned, and a marketplace for the product that they provide, so that money is available for such wages.  Employers, in turn, are dependent upon the performance of their employees to provide quality products and services.

Governments are dependent upon their citizens to provide the guidance (by whatever means the construction of the government is based upon), and for revenue (again, based upon those means provided) for the operation of that government.

In turn, the citizens of a nation are dependent upon the government (in the case of the United States) for the protection of life, liberty, and property.

What happens when the government — the society — for which it is obliged to provide the means to protect, becomes dependent upon another government, or country, to assure that the means of daily living can be obtained in order for that society to survive?

If the government, for any reason, especially after having fully demonstrated that these means are readily available within the country, legislates in such a manner as to reduce, or even remove, those means, requiring that the society is now dependent upon another country for its daily means, has it transferred the primary responsibility for its citizens to another country — and government?

Has it, by these means, dissolved its entire purpose — in subordination to foreign interests?

Is it possible that the country which has relied upon its government to secure those means, by abrogating its responsibility, has destroyed the government and relegated its citizens to the mercy of the whims of another country?

We remain fully capable of providing some aspects of life, such as medicine, weapons of war and destruction, and a relentless line of politicians more than willing to reduce us, even further, into dependency upon others.

Catastrophic is an understatement of the effect, both short and long term that this transfer of dependence will have upon us.

Tradition

Every nation in the world is steeped in tradition.  Those traditions, whether good or bad in the eyes of outsiders, are a binding force in that nation’s culture and are necessary so that the longevity, coherence, and perpetuation of that culture to continue.  Absent that background, it is nothing less than a new nation without a foundation, course, or future.

The longstanding traditions of the United States have come under attack, recently, undermining the very fabric of that nation granted, by Providence (yes, that is a substantial part of the tradition), to the people who settled, then fought for the existence of it.

As the traditions are eroded away, under whatever guise might be undertaken to supplant them, so, too, is the personality, the character, the entire embodiment, of that nation.

When those traditions are eroded using the guise of the Founding papers, the Constitution, as an excuse for their erosion, the complacency of those who merely stand by and watch becomes as much of the destructive force as those who, by intent, are striving for the destruction of that nation.

Regardless of the ambitions of the latter, or the absence of objection by the former, the effect is the same.  They both allow a transition of government, as much as if conquered buy military force, though the means are far more subtle.  The intention is the same, and the result is as effective as the alternative.

Taxation

Though only a small part of what lead to the Revolutionary War, taxes, as they have through history, have become the means by which people are most often oppressed.

The French-Indian Wars had taken an economic toll on England.  Generally, the coffers of government are maintained, absent war, by a relatively small tax, intended to replace the debt incurred by war.  This was the case with the Stamp Act, in 1765.  In order to replenish the treasury, taxes were laid on the colonies.  This, along with the removal of charter government (See The End of the Revolution and the Beginning of Independence) incited sufficient concern in the colonists to begin down the pathway that, eventually, lead to separation from England.

The intention, as had been the practice, even under British rule, was to restore the Treasury and then to remove the taxes, with the need for replenishment no longer being necessary.

That practice served America quite well, during its first nearly two centuries.  The taxes imposed during World War II were in the single digit percentages, and the tax that had been imposed was, originally, imposed only for the duration of the war.

Instead, and by the time the America attempted to accomplish, in Vietnam, what the French had failed to achieve, the government had raised taxes, and they had become a way of life.  Twenty percent of income, or more, was the norm, nearly seven times greater, on all income, than the 3% taxes, only on certain items, that had roused the anger of the colonists.

Government had determined that they could maintain near perpetual war, if they were able to provide a constant and permanent flow of revenue, never allowing the coffers to be depleted.

Their President, Dwight Eisenhower, in 1961, in his Farewell Address, provided insight into what he had seen as a threat to the future of America, when he said, “In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex.  The potential for the disastrous rise of misplaced power exists and will persist.”

He realized that the “economic favors” bestowed upon those who made weapons of war, by the government who benefited, in one way or another, from perpetual war, was a danger to what our country stood for.

Leadership

The leadership in this country is recognized by that title, but have you considered what the word means?

Leaders are those who lead.  Just how do they achieve such significance that would warrant our following them?

Back in the late seventeen and early eighteen hundreds, there were many who had achieved their positions of leadership through demonstration of their ability to lead, and thereby justify our willingness to follow them.

Over the years, however, things have changed.  Now, the people that we are to follow come from a degree of obscurity.  Their respective parties, somewhere along the line, have decided that they have ‘achieved’ such prominence that they can be cast forth as leaders.  But, what criteria are used to determine that they have demonstrated their ability to lead?

Consider, if you will, that for them to garner the support of the party, they will have had to assure that the party is well satisfied with, well, their obedience to the party.  Let us take the current president of the United States.  He was obscure.  A senator from Illinois, who was nothing more than a yes man for the party.  Virtually all of his votes were on the party line, though he had something going for him:  the party, already satisfied with his obedience, determined that they could promote some aspects for their chosen candidate and convince the voters throughout the country that this man was worthy of the role of leader.  Nothing to demonstrate that he could, it is simply a matter of selling their candidate to the public.  This is accomplished by taking polls; analysis of the results; developing marketing strategies, not unlike those used to sell cereal or drugs; and, determining what people want to hear, in each region of the country, and assuring that their candidate says, in that region, what they have told him to say, in that region, and, likewise, in the other regions.  If you should have any doubts, recall what the candidates have said in the past, such as, “Read my lips, no New Taxes”, or, “I will have a transparent government.”

In the end, better leaders can probably be found by looking in your local community rather than looking at the television, which will bring you exactly what you want to see.

Government is designed to serve the people.  Understanding that it is impractical, and imprudent, for everybody to be involved in every decision required to be made at the top level of government, we have developed a system whereby the will of the people, through their chosen representatives, is made so, on the people’s behalf.

If you would, imagine an inverted triangle.  The base, being at the top, constitutes the people.  Below them are the representatives of the people, and at the very bottom, the point of the inverted triangle, is the President of the United States.  His purpose, according to the Constitution, is the chief executive of the country.  His job, then, is to carry out the will of the people (top of the triangle), as expressed through their representatives (middle of the triangle).  He is the lowest man on the triangle, and his job is to work for us, on our behalf.

For whatever reason, perhaps an inadequacy in the educational system, we have learned to accept the triangle in the wrong configuration.  We have allowed that the President is at the top of the triangle, master of all.  Below him is the Congress, our representatives, making decisions that are both contrary to, and against our will.  Finally, at the bottom, are we, the people, who find ourselves forced into obedience to the government, and, paying all the bills that they can accumulate, while attempting to tell us that what they are doing is in our best interest?

Where does this leave us?

Through a slow and meticulous process, events that are hardly noticed begin to have an effect on the people, and the future, by that same process, is modified in such a way that the people who have thought that they knew what freedom was, eventually, find that they are no longer free, nor are they what they thought that they were.

Those in control will exert their efforts to the point that a substantial majority will accept the conditions that they have imposed.

In time, the acceptability of what has been imposed, through these subtle means, becomes even more accepted, if not in years, in a decades or two, that which was, will be lost among the pages of history.  The newly accepted condition becomes the platform for the next generation of change, which, ultimately, will result in that which the United States was to be lost, and that which it has become to be accepted as that which always was.

When unlawful force or influence are used to undermine the obligations of government, the people subject to that government, are also slaves to that government.

This, unless we accept our responsibility of restoring that which was, will result in the Demise of America.

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Those who find this interesting might also appreciate Finding Freedom Again

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Some Thoughts on the 27th Amendment

Saturday, January 2nd, 2010

When we look at the failure of the legislative and judicial branches of government, we must fully understand that though only few instances fully demonstrate the failure of the two branches, that the disease that those failures represent, and, that we can ‘expose,’ are demonstrative of the systemic failure of the government’s willingness to be responsible to both the Constitution and the People.

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The 27th Amendment

 

Gary Hunt,
Outpost of Freedom
December 10, 2002

“This Constitution … shall be the supreme Law of the Land…”

Constitution, Article VI, clause 2

“… Amendments… 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…”

Constitution, Article V

“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

Constitution, 27th Article in Amendment

“The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States….”

Constitution, Article I, Section 6, clause 1

James Madison acknowledged (in Federalist Papers #62) the necessity that all laws be written such that they could be understood by all men. There can be little doubt that the Constitution is absent the legalese, which has become so common in the enactments and resultant bureaucrat’s interpretations, of the current proliferation of legislation. Can we, however, accept that what is written in such language as can leave no doubt in any normal mind does not mean what it appears to say?

As we all know and which is self-evident, any law is based upon intent. The legislative intent is often referred to, in court, so as to determine what was intended by the legislation. It would leave little to law if any set of words were left to the best argument. Instead, we must, as a nation of law, rely upon what was intended rather than that which someone would have us believe the words to mean.

When James Madison (yes, the very same one who wrote FP 62) submitted this amendment into the assortment of twelve, from which ten were selected to form the Bill of Rights, surely, he concerned himself with the thought that many who aspire to power also aspire to greed.

27th Article in Amendment “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

The 27th Amendment to the Constitution was ratified on May 7, 1992. Isn’t it interesting that the states that blew the dust off of and ratified a two-hundred year old proposed amendment to the Constitution saw the necessity to do so? I suppose that they knew, or finally realized, what Madison knew then.

Even more interesting is the insight the politicians in Washington had. According to Judges Newman and Rader, in a Dissenting Opinion in the United States Court of Appeals for the Federal Circuit [Williams, et al v. United States - 99-1572, 00-1254,-1255], “Congress knew that ratification was imminent and that the amendment would prevent COLA [Cost of Living Allowance – 101 P.L. 194, 103 Stat. 1716, Title XI (2001)] provisions from taking effect during future congressional terms in which they became effective.” They, therefore, enacted a 25% pay raise and annual COLA raises before the Amendment could be ratified. You see, it is clear, at least in the eyes of these two judges, and, probably, the entire court, that there was intent to circumvent the upcoming ratification of the 27th Amendment.

The case, by the way, was decided that there was nobody with standing to bring the enforcement of the 27th Amendment before the court – including a member of Congress. The initial action was brought by a taxpayer, a state Senator who had voted to ratify and a Congressman. After the first appeal, only the Congressman was considered to have standing to bring suit. The final appeal left even him without standing. This makes it easy to understand why the COLA enactment also included federal judges. They didn’t want their COLA to be questioned along with that of Congress. So, we have a Statute which appears to be in conflict with a Constitutional Amendment, but, nobody can bring the matter before the Supreme Court.

Now, many other government employees are also covered by the COLA enactment. Among them, the Government Printing Office, in their ‘publication’ on the 27th Amendment, they say, “Now that the provision is apparently a part of the Constitution, it will likely play a minor role. What it commands was already statutorily prescribed…”

So, what we have had the government (administrative, legislative and judicial branches) say to us is that a Cost of Living raise is not a raise in pay; that if it were, nobody could challenge, in court, the law that preceded the Amendment – even though in conflict; and, that Congress, unless they vote down (not voted down seven of the last twelve years) their annual raise, they will receive it, even though in obvious violation of the intent of the Amendment — an increase in compensation.

Even more interesting is the fact that changes in the cost of living are a result, in part, at least, of the ineptness of Congress in managing the country. It is also a result of their violation of another provision of the Constitution (Article I, Section 10, clause 1) which requires that the state may not “make any Thing but gold and silver Coin a Tender in Payment of Debts.” Since we are no longer even allowed to own gold and silver to pay debts, we are subject to inflation which is a result of, and common to, any form of fiat currency (Federal Reserve Notes). The inflation, which is a result of disobedience of the Constitution, has resulted in the necessity to even consider Cost of Living as a factor in maintaining one’s purchasing power. They (Congress) and their employees are assured, at our expense, of not having their purchasing power diminished. Unfortunately, in our sustaining their coffers, we don’t have the means to offset inflation – resulting in a diminishing of our purchasing power.

Have you given your consent?
Or, have you been divested by the government?

http://www.committee.org

For a list of states that ratified the 27th Amendment, go to A table of the dates of ratification of the Constitution and various amendments and pay particular attention to New Jersey and Michigan.

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post referred to at:

 http://www.Thedailybell.com/1234/Ron-Holland-Back-To-the-Articles.html

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Martial Law?

Thursday, December 31st, 2009

 The
Outpost of Freedom
presents

MARTIAL LAW

By
Gary Hunt
Outpost of Freedom

For years we have heard that the United States

was in bankruptcy,

that we are under Martial Law.

For years we could only suppose this to be true.

Dr. Gene Schroder,

American Agricultural Movement,

has done extensive research into the matter.

The results of his research prove that

these claims are, absolutely, true.

Since March 9, 1933, the United States has been

operating under a declared

National Emergency

as a result of that bankruptcy.

The effect is an erosion of our Constitutional protections.

All information contained herein
is Copyright by Common Law.

Reproduction rights are granted,
so long as proper credit is given.

 

MARTIAL LAW

by
Gary Hunt
May 24, 1994

It seems that we have all heard that “martial law” had been declared and that we have been living under it for most, if not all, of our lives. I, like many others, looked at the circumstances and assumed that this could be true. I have not, however, been able to find the documentation of this matter and, therefore, have been reluctant to claim such.

Thanks to a very close fiend from Dallas, Texas, that I have never met (he was my “alarm clock” during the siege in Waco — by virtue of calling me every morning, to wake me up), I now have most of the paperwork that supports this contention. This paperwork comes from a Citizens for Legal Reform meeting, January 18, 1994, “Abolition of the United States Constitution Under the War Powers Act”, by Dr. Gene Schroder.

It is important, since we now know this to be true, to understand exactly how it was that we came under “Martial Law.” It is one thing to assume that it is true, another to know that is true and quite another to KNOW why it is true. I will give quotes and refer to the documents from which they are taken.

WORLD WAR I

World War I, the War to end all wars, allowed the Congress to pass the “Trading with the enemy Act”. [SIXTY-FIFTH CONGRESS, Session I, Chapter 106, “An Act To define, regulate, and punish trading with the enemy, and for other purposes”.] The Act was passed on October 6, 1917. Portions of said Act are presented below:

Section 2(c) contains the definition of “enemy”, to include, ‘”Such other individuals or body or class of individuals as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, . . . may, by Proclamation, include within the tern “enemy” (emphasis mine)

Section 5(a) gives the President the authority to suspend the Act with regard to any ally of the enemy, as he shall determine to be appropriate. An interesting assumption that the President may allow continuation of trade with an enemy, indirectly, based upon his determination!

Section 5(b), however, allows the President to “. . . regulate, or prohibit . . . any transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency . . . by any person within the United States; and he may require any such person engaged in any s such transaction to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, . . .”

 Interesting that he has also made testimony compulsory. This appears to be a direct violation of that portion of Article V, Bill of Rights, which states, “nor shall be compelled in any criminal case to be a witness against himself”, and is the beginning of the decimation of our Rights protected thereunder.

Section 6 provides for “officials to he known as ‘alien pi property custodians”, who will be empowered to receive all money or property owned by, or owed to, any enemy or ally of enemy.” Has this become the IRS?

Interesting that the authority granted the President allowed such a broad degree of discretion, and that the “gold and silver” mandated by the Constitution would be an object of this Act. My recollection was that Habeas Corpus may be suspended only, “when in Cases of Rebellion or Invasion the Public Safety, may require it.”

The Writ of Habeas Corpus provision provides that no one may be arrested by the government, unless the arrest is made pursuant to the Constitution. Article 5 of the Bill of Rights, says, “No person .shall he 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 he subject for the same offence to be twice put in jeopardy of life or limb; nor shall he compelled in any criminal erase 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.” Perhaps the intended meaning of this provision has been lost. Does it mean, among other things, that the government may not arrest anyone unless the determination that an arrest is to be made is made by a group of peers? That government, of and by itself, has not the authority to arrest anyone? Except, of course, in those times where a national emergency is declared.

So, perhaps the meanings given to the words by the Founding Fathers has been lost. Law enforcement officers make arrests, without indictments by the Grand Jury, and property is “seized”, under property forfeiture laws, daily. Perhaps we have found why these sacred protections have slowly eroded into what we have been led to believe is good “crime control.” Perhaps we have been LIED to by the very people chosen to represent us.

So much for this, however, because the War ended and all returned to normal — except the fact that Congress had allowed this Act, which was a step in denial of Constitutional protection, to continue to exist.

Did these Acts of Congress continue to affect our daily lives? Or, were they discontinued at the end of hostilities? Go to your local law library and read 12 USC §95(b).

DEPRESSION

History makes quite clear the existence of the Great Depression. Exactly when it began is subject to debate. However, the fact that Franklin D. Roosevelt became President in March 4, 1933 is not.

On Sunday, March 5, 1933, Franklin Roosevelt called for Congress to “convene in extra session” on March 9, 1933 [Proclamation 2038]. On the very next day, he declared, by proclamation, a “bank holiday” which ran from Monday, March 6 through Thursday, March 9, inclusive. In the proclamation, he makes some rather interesting claims. He states that “there have been heavy and unwarranted withdrawals of gold and currency . . . for the purpose of hoarding.” and this “has resulted in severe a drains on the Nation’s stocks of gold : and”

“WHEREAS these conditions have created a national emergency; and”

He then goes on to refer to “Section 5(b) of the Act of October 6, 1917, (40 Stat. L, 411) as amended ‘That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of license or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency * * *’”

Further, “NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America in view (f the national emergency and by virtue of the authority vested in me by said Act . . . “ (emphasis mine), and declares the “holiday”.

The “national emergency” that he spoke of was the extension of lending authority granted to the Federal Reserve Bank (FRB) just twenty years before. The FRB was unable to provide, in gold, the deposits on hand. The system of fractional banking had allowed them to extend credit well beyond the available “value” held in trust by the banks. This is the definition of bankrupt, “The state or condition of one who is unable to pay his debts as they are, or become, due.” (Black’s Law Dictionary, Fifth Edition)

Then curiously, on March 9, Roosevelt saw fit to continue the “bank holiday” [Proclamation No. 2040] until further “proclamation” by the President. Perhaps never to be rescinded by said proclamation.

Then, on March 9, 1933, Congress passed “AN ACT To provide relief in the existing national emergency in banking, and for other purposes”. [73rd Congress, Public Law No. 1, March 9, 1933. (Title I, § 1, 48 Stat. I] (emphasis mine) “That the Congress declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application”. Congress, not to be outdone by the President, passed a joint resolutions which confirmed the existence of the emergency (March 9 Proclamation) and argued that the resolution was necessary; otherwise the payment in gold, of real debts, would “obstruct the power of Congress to regulate the value of the money of the United States.” That “every provision contained or made with respect to any obligation which purports to give the obligee a right to require payment in gold [the Constitution] or a particular kind of coin or currency [gold certificates], or an amount in money of the United States measured thereby; is declared to be against public policy; . . . Every obligation, heretofore or hereafter incurred, whether any such provision is contained therein  or made with respect thereto, shall be discharged upon payment, dollar for dollar: in any coin or currency [Federal Reserve Notes] which at the time of payment is legal tender. . .” (emphasis mine)

Within the Act they rewrote Section 5(b) of the “Trading with the enemy Act” of 1917. The first sentence is provided, in it’s entirety, to give you an idea of the change of mood of the government:

1933, Section 5(b)

During time of war or any other period of national emergency declared by the President, That the President may , through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or earmarking of gold or silver coin or bullion or currency, in any form (other than credits relating solely to transactions to be executed wholly within the United States); and transfers of evidence of indebtedness or of ownership of property between the United States and any foreign country, whether enemy, ally of enemy or otherwise, or between residents of one or more foreign countries, by any person within the United States or any place  subject to the jurisdiction thereof; and he the President may require any such person engaged in any such transaction referred to in this subdivision to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of .such person, either before or after such transaction is completed…”

Let me repeat this as, it has read since 1933:

“During time of war or any other period of national emergency declared by the President, the President may, through  any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency by any person within the United States or any place subject to the jurisdiction thereof; and the President may require  any person engaged in any transaction referred to in this subdivision to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers in connection therewith in the custody or control of .such person, either before or after such transaction is completed “

Interestingly, it appears that all reference to “enemy” is deleted, and the law now acts on “any person within the United States or any place subject to the jurisdiction thereof” Have WE become the ENEMY?

Note, also, that if the President were to issue a “license”, the trading would be condoned. Have we been given a “license” to conduct our everyday activities of commerce? Many businesses, along with driving, hunting, fishing, etc., have become “licensed” activities. I leave to you to find the correlation.

The question might arise as to whether Roosevelt thought this out by himself The answer is a resounding NO! In a letter and recommended Resolution that Herbert Hoover received from Eugene Meyers, Governor of the Federal Reserve Board, dated March 3, 1933, we find the exact wording incorporated in the Act.’ This “advice” was finally followed by Roosevelt just a few days later, just after he was sworn in to office.

It is even more interesting to understand just what happened to all of the gold, at this point. Remember, this was predicated on the fact that the Federal Reserve Banks were unable to pay out the gold for which “certificates” had been issued. But, what happened to the gold? In “The Hoover Policies”,’ in discussing the affects of the New Deal, “This first  contact of the ‘money changers’ with the few Deal twined those who removed then money from the country a profit of up to 60 per cent when the dollar was debased [gold was $20 per ounce before, and $32 per ounce after the banking act].” It appears, then, that those “in the know” were able to “remit” their “gold certificates” for gold prior to these Acts. The result was the reduction of assets in the banks to repair those with money on account and the transfer of the real “money”, gold, to those who fled the country to profit from the misfortune of most of working America, throwing these working people into a dependency on government that resulted, in 1934, in the establishment of the Social Security Act, the beginning of “The New Deal” and the beginning of the demise of the “Great Experiment.”

Let’s check the validity of what we have just said. From the Congressional Record [March 9, 1933, page 79, by Steagall], “Section 2 confers upon the President the powers bestowed under the act of October 6, 1917, regardless of whether or not the county is involved in war.” Later, in that same document [page 82] Mr. McGugin says, “Anyone knows that this Government cannot now collect enough taxes to meet their expenses . . . there is only one thing left for them, and that is to print money. “

In a report “Contracts payable in Gold” [Senate Report, Document No. 43, April 17, 1933, Page 9], we read the following statement, “The ultimate ownership of all property is in the State; individual so‑called ‘ownership’ is only by virtue of Government, i. e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”

Well, this appears to be consistent with much that we have learned lately, we own NOTHING, not even our children. To bad they didn’t teach this lesson in “government school” history class, after all, this is an official government document, and is obviously what government believes to be true ‑ do you wonder whatever happened to what used to be called a “freeman”?

Let’s go a bit further on this thread — the United States Supreme Court said, in United States v. Russell [13 Wall, 623, 627] “Private property, the Constitution provides, shall trot be taken for public use without just compensation. . . . Extraordinary and unforeseen occasions arise, however; beyond all doubt, in cases of extreme necessity in time of war or immediate and impending public danger, in which private property may be impressed into public  service, or may be seized or appropriated to the public use, or may even be destroyed without the consent of the owner. . . .”

It appears that it had taken the Money Merchants just twenty short years to evolve from their first introduction, along with the 16th and 17th amendments, of the Federal Reserve Bank, into the history of the United States, to a position whereby their “currency” (fiat money) was made the “coin of the realm.”

OTHER ACTS OF 1933

On May 17, 1933, Congress enacted additional legislation [Public Law No. 10, 1933 (HR 3835)] entitled, in part, “An Act To relieve the existing national economic emergency by increasing agricultural purchasing powers, to raise revenue for extraordinary expenses incurred by reason of .such emergency, . . . ” This Act allowed Government to purchase cotton to prop up prices; store the cotton and borrow against it. They would then sell it back to the producers, so long as the producer did not buy more than that which, when added to his production for a given year, did not exceed the production for the previous year, and allowed government to prohibit the producer from growing any other crop on the land previously used for cotton production. The “licensing” of the “right” to sell cotton to foreign powers was also “given” to Government.

Part 2 of this Act extended the above to any agricultural product the Government wanted to get involved in, thereby becoming “partners” with the farmers of America. Of course, a “Processing tax” was also included to cover the cost of the Government’s participation. The Act, however, was a very significant and substantial beginning to partnerships between Government and private sector ‑ that which has culminated in the controls now imposed upon nearly every aspect of business today.

Section 13 of this Act declares that, “This title shall cease to be in effect whenever the President finds and proclaims that the national economic emergency, in relation to agriculture has been ended . . .”

Then we come to Section 43, “Whenever the President finds, upon investigation, that (I) the foreign commerce of the United States is adversely affected by reason of the depreciation in the value of the currency of any other government or governments in relation to the present standard value of gold, or (2) action under this section is necessary in older to regulate and maintain the parity of currency issues of the United States, or (3) an economic emergency requires expansion of credit, or (4) an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currency of various governments, the President is authorized, in his discretion‑‑” then continues, under these criterion, to authorize the “creation” of money, out of virtually nowhere. This, in and of itself seems to defy logic and place an inordinate degree of authority within the office of President — and remove it from the legislative body of our representatives.

The conclusion of this Act, however, is the epitome of the desecration of the concept handed down by the Founding Fathers. Section 46 amends the existing Section 19 of the Federal Reserve Act by adding, “Notwithstanding the foregoing provisions of this  section [Section 19], the Federal Reserve Board, upon the affirmative vote of not less than five of its members and with the approval of the President, may declare a that an emergency exists by reason of credit expansion, and may by regulation during such emergency increase ease or decrease from time to time, in its discretion, the reserve balances required to be maintained against either demand or time deposits.” So, what has been accomplished is an “emergency” that is self sustaining and has a life of it’s own. The Act has created a means by which it can be extinguished., yet provides further provisions, and the creation of permanent agencies, which preclude that from ever occurring.

IS IT REAL?

The question will surely arise as to whether this “state of emergency” still exists. Well, we can go to 1973 and review the report of the Senate “Special Committee on the Termination of the National Emergency.[93rd Congress, Senate Report No. 93-549, November 19, 1973]” From the Forward of that report:

“Since March 9, 1933, the United Starters has been in a state of declared national emergency. In fact, there are now four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 6, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.”

“These proclamations give force to 470 provisions of Federal law. . . . . delegate to the President extraordinary powers, ordinarily exercised by the Congress . . . confer enough authority [to the President] to rule the country without reference to normal constitutional processes.”

REALITY

There you have it! The Senate of the United States, in committee, determined that, in fact, a national emergency exists today. As a result of the committee recommendations there: was a suspension of some of the executive orders relevant to national emergencies. However the significant ones still stand, in particular, those of 1933. Perhaps there is a reason that the Senate saw fit NOT to discontinue the national emergencies back in 1973. The perpetuation of this act is absolutely necessary to sustain the fraud that we have been under, for most of us, our entire lives. Anyone born before 1933 probably doesn’t even realize what has happened to our country, our government, our laws and our Constitution There is no doubt, however, that at this time we are under a national emergency, and that we now understand why the system of laws and protections that we read about cannot be practiced. A foreign (Federal Reserve Board and Bank) enemy has descended upon us, and has acquired control of our government. That control would not be released until we demand, by whatever means necessary, Congress to return of our Constitution and the Great Experiment that the Founding Fathers granted us.

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Who makes the Laws?

Wednesday, December 23rd, 2009

Who makes the laws?

(“He has erected a multitude of new offices”)

Gary Hunt
Outpost of Freedom
December 22, 2009

“It poisons the blessing of liberty itself.  It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow.  Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

James Madison
Federalist Papers #62

We have been taught that the Congress of the United States makes the laws.  After all, we elected them to legislate, to make those laws that are necessary for the government to exist and to do its job.  But the question arises — does Congress make those laws that we are bound to?

Well, for over 150 years, the Congress did make the laws.  But, then, they got too busy with other things and found that they didn’t have time to do what they were elected to do, rather, they opted to delegate the authority to make the laws to others, giving them more time to socialize with their friends and local lobbyists.  Of course, they rationalize their actions as the way that they have found to work the best to conduct their duties for us.  They have put the specific authority for making most laws into the hands of those who are, well, more experienced and more qualified to make those laws than the Congressmen, themselves, the they, for the most part, are completely unknown to us.

I realize that this is a hard nut to swallow, so we must begin looking at a law that was enacted in 1946.  This law was passed by the Congress, but, it was also the beginning of the end of Congress ‘wasting their time’ doing what they were being paid to do.

We will begin with a brief legislative timeline of the Administrative Procedure Act.  In 1937, a Presidential committee recommended “separation of investigating/prosecuting functions from decision making functions”.  So, the first recommendation to deal with Administrative agencies was to separate their functions.  The Act, which claimed to address these concerns, was first submitted in 1939, under the title, Walter- Lagan administrative procedure bill.  It passed Congress, but was vetoed by then President Franklin Roosevelt.  It was again submitted to Committee in 1941, went through numerous hearings, and was resubmitted again in 1944, with no action taken.  It was submitted, again, as Senate Bill 7 (SB. 7) in 1945.  This Act was passed into law in 1946.

During the course of submission, review and resubmission, a number of statements were made in defense of the procedure being used to, well, refine the Procedures Act.  In an article by Wills Smith, a member of the North Carolina Bar and President of the American Bar Association, he said.  “A bill of that character in these days required a background of preparation to achieve such acceptance.”

Let me point out, here, that within the Congressional Record, many Bar associations, attorneys and CPAs (Certified Public Accountants) were shown to be supportive of the Act.  Why not?  It created a lucrative field from whence they could broaden their client base.

We can look at years of legislative practices that demonstrate that legislation will be submitted, objected to, refused, revised, resubmitted, and on and on, until the concept has been rendered acceptable.  This does not mean that what is first passed will be the ultimate result.  More often, it is simply a way for the Congress to “get their foot in the door”, and, once we, the People, have gotten used to the existence of such an such a program, they can then ‘adopt’ revisions to bring it up to where it was intended to be, in the first place.

The Bill, “Administrative procedure Act”, was submitted by Representative Pat McCarran, Democrat, Nevada, who gave us some insight into its purpose, when he said (from the Congressional Record, March 12, 1946), “We have set up a fourth order in the tripartite plan of government which was initiated by the founding fathers of our democracy.  They set up the executive, the legislative, and the judicial branches; but since that time we have set up fourth dimension, if I may so term it, which is now popularly known as administrative in nature.  So we have the legislative, the executive, the judicial, and the administrative.”

“Perhaps there are reasons for that arrangement.  We found that the legislative branch, although it might enact a law, could not very well administer it.  So the legislative branch enunciated the legal precepts and ordained that commissions or groups should be established by the executive branch with power to promulgate rules and regulations.  These rules and regulations are the very things that impinge upon, curb, or permit the citizen who is touched by the law, as every citizen of this democracy is.

 

“This is not a Government of man.  It is a Government of law; and this law is a thing which, every day from its enactment until the end of time so for is this Government is concerned, will touch every citizen of the Republic.

 

“Senate bill 7, the purpose of which is to improve the administration of justice by prescribing fair administrative procedure, is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal government.  It is designed to provide guarantees of due process in administrative procedure.

 

“The subject of the administrative law and procedure is not expressly mentioned in the constitution, and there is no recognizable body of such law, as there is for the courts in the Judicial Code.

 

“Problems of administrative law and procedure have been increased and aggravated by the continued growth of the Government, particularly in the executive branch.

 

Therefore, they have set up the fourth branch of government.  The Constitution established three branches of government.  It also provided means for amendments to the Constitution.  The provision for amendments was intended to modify the Constitution, if it were judged to be insufficient for the purposes.  It did not give the legislative branch, or, the executive branch, the authority to establish a fourth branch of government — that bridged the gap between the legislative and executive, and, created its own judicial branch.

Note, also, that he suggests that hundreds of thousands of Americans will benefit by the creation of these administrative agencies.  He does, however, recognize that there is no “body of such law” in the constitution, though the he does not prescribe a proper remedy.

Finally, he acknowledges that the problem is created by the “continued growth of the Government, particularly in the executive branch”.  So, I suppose, we are to accept that the founding fathers intended for the executive branch to extend ‘outward’ and touch every aspect of our lives.

Later, on May 24 (Congressional Record), Representative John Gwynne of Iowa provides insight into what “rule making” is when he has said, “After a law has been passed by the Congress, before it applies to the individual citizens there are about three steps that must be taken.  First, the bureau having charge of enforcement must write rules and regulations to amplify, interpret, or expand the statute that we passed; rulemaking, we call it.  Second, there must be some procedure whereby the individual citizen who has some contact with the law can be brought before the bureau and his case adjudicated…  Finally, there must be some procedure whereby the individual may appeal to the courts from the action taken by the bureau.“

 

“Amplify, interpret or expand”?  Pretty much a free hand to extend their authority where the Founding Fathers never contemplated such power.  But, there you have it.  The agencies have become “rule maker” (legislator), judiciary, and overseer of their own activities.

When we think of the Bill of Rights, we think of those areas where the government cannot intrude into our lives.  Those Rights are preserved and sacred.  To assume that the government has created a “bill of rights” within the purview of the administrative agencies is about as preposterous as can be imagined.  Most of the Rights protected by the Bill of Rights have fallen prey to the administrative agencies’ rules, policies, and regulations.  The Due process that is assured by the Constitution is subordinated to agency tribunals rather than courts established in accordance with Article III of the Constitution.

The federal agencies have been established in such a way that their regulations have the effect of law, though they were promulgated by the agencies.  Though most actions by the agencies are subject to review by the Supreme Court, we need to understand what the Court has said, with regard to review of matters that come before it.

From Ashwander v. TVA [297 U.S. 288 (1936)]:

MR. JUSTICE BRANDEIS, concurring.

The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are:

1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals.  It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act

2. The Court will not anticipate a question of constitutional law in advance of the necessity of deciding it…  It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case.

3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.

4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of.  This rule has found most varied application.  Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter…  Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground.

5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation…  Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right.  Thus, the challenge by a public official interested only in the performance of his official duty will not be entertained…  In Fairchild v. Hughes, the Court affirmed the dismissal of a suit brought by a citizen who sought to have the Nineteenth Amendment declared unconstitutional.  In Massachusetts v. Mellon, the challenge of the federal Maternity Act was not entertained although made by the commonwealth on behalf of all its citizens.

6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7. ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

 

Understand that these principles laid out in Ashwander were laid out 10 years before the Administrative Procedure Act.  Those in Congress had no doubt that the Constitution would be subordinate to the Administrative Agencies’ rules, regulations, and procedures.

Administrative Agency rules have made slaves of states, by providing funding conditioned on action or activities predicated by the Agencies, without regard to the proper relationship between the States and the federal government (10th Amendment).

The “continued growth of the Government, particularly in the executive branch”, demonstrates the folly that we find ourselves in.  It was determined by the Founding Fathers that we should have a President, not a King.  The function of the President was broad in external matters (foreign policy), and was defined as to carry out the will of the Congress (Legislative Branch) in internal matters.  Instead, the Act has modeled the President, as executive over the Administrative Agencies, a King who can enact rule and regulations which ignore the prohibitions in the Constitution and subordinate both the States (members of the Union) and the People (the sovereigns from which the authority of government evolves) to his will.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

Declaration of Independence

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