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The Myths and Realities of a “Living” Constitution

of Limitations, and Enforcers…

What limits should we give to Congress? 


Among the citizens of America, there are many different ideas of what kinds of limits our ever-expanding government “should” have. Many believe that our government should have limits in some areas and not in others. For instance, some people believe that government should not be able to take our guns or infringe upon (some) rights specifically protected in the Constitution (or other governing document), but that they should be able to do whatever they want in other areas, like National Defense or crime.  To these people, there is nothing government should be restrained from doing in pursuance of ‘protecting’ us from the ‘unseen evil’ outside our front door…… civil liberties and individuals be damned.  These people generally justify this view using the correct assertion that government (in all forms) was founded as a common-defense pact between citizens. They place an absolute top priority upon public safety against criminals and foreigners.


  Others believe that government ‘limits’ should be non-existent, as long as everything they do is ‘for the greater good.’  This group, in large, will look upon a starving child and say that someone should be forced to do something. They believe that if the result is good then any means whatsoever are justified to bring them about.  They view limits on government as arbitrary, as they view anyone opposed to being sacrificed for the common good as… selfish.  The individual to these people cannot be humored to the degree necessary to allow people to live freely.  Their resources were generated via the social construct, and thus they belong to “society.”  They reject out of hand the concept of production conferring ownership – as ownership implies denial of access by the society at large.  These people are collectivists – they ruled Russia, Nazi Germany and all other collectivist (socialist or fascist) nations.  They place an absolute priority on safety from want.  They dismiss the concept of voluntary charity out of hand as a means to relieve it.


Still others (and I include myself in this group) believe that government should be limited in all aspects of its operations.  They should have only specifically delegated powers from which they are unable to stray without following a rigorous procedure to ensure that they have the “consent of the governed” in the power of which they are trying to assume.  They believe that government is too powerful a force in society to allow any limitless  application.  That government, once it finds an area of society of which it can rule with impunity, will widen that area first by small amounts, and then by large amounts… until there is nothing which government is not the absolute Master, of.  They place  as the highest priority  safety from government and liberty of individual action .  The Founders were these people! They gave us the first written Constitution, allowing an unprecedented amount of freedom and liberty to be realized by the generations immediately succeeding their own.


Who will limit the Government?


A totally separate (but just as important) question…. Who will limit the Government!?

Again, there are several different answers that you can expect, depending on who you ask, of course.  Some people will say, the Government will limit itself.  They will point to the many “checks and balances” and say, for instance, that the President will check the legislature by vetoing unconstitutional laws… or that the Supreme Court will check the President by ruling his actions “unconstitutional.”  ….Others may say that our two-party system provides an inherent check on government, with one administration undoing the things that the previous administration does/did (since, in the eyes of the people who will make this assertion, the two parties have different agendas).


Of course, thinking that the Government will limit itself is absurd – the Supreme Court is aggrandized by expanding the powers of government (as is every other branch of the Federal Government).  The Republicans keep the powers assumed by the Democrats when they take office from them (and vice-versa).  For instance, how many of the new-deal regulations did Eisenhower cancel when he replaced Truman?  How many war powers did Obama give up when he took over from GWB?


A more dangerous question might be Why should the Government be limited?”  ”They need the power to keep us safe, or to provide the necessary social services!” (I don’t have alot to say about this one, except… God help us if they ever did get complete control of our Government! I could name a few of our national leaders that I believe belong to this group, but that is not what this article is about).


Finally, the view of Thomas Jefferson and many of the Founding Fathers…  which was that the limits upon government must come from OUTSIDE of the Federal governmental structure (perhaps another government with a selfish interest in limiting a competing government, a method known as Nullification/Interposition).  Rather than rely upon a government to selflessly deny itself powers and privledges, it relies upon the selfishness of one government to compete for powers with another government.  


In the final analysis, you can only really count on people to act in their own self interest (as they see it).  If you make it beneficial to limit governments’ powers (because your government is allowed more authority) then the individuals who you created this incentive for will make it happen!  On the flip side, if you make it belittling, then it won’t happen.  Allow states to compete with the Feds for power and the states will limit what the feds can do – don’t allow it and the Feds will grow to assume power over all of the aspects of our lives (as they have already done).


Whats the catch?


What’s that you say…? What about all that power that the states sieze from the Feds, won’t that come back to haunt us?  In a word, no. The states have had virtual plenary police powers since the founding.  The reason that this has not come back to haunt us is because people are free to live where they want; they can leave and take their talents, tax dollars and efforts elsewhere.  If states want their coffers full, they have to count upon their citizens staying put.  And if they want them to stay put, they have to place limits upon their own powers (or at least make them match what citizens desire.)  It is a small matter to move to another state, and it is also much easier to impact statewide elections/politics/government.  This keeps states in check, and gives them a selfish reason to limit their own powers.


I’d like to give everyone a heads up now, that I am trying to get a educational event scheduled for Portland regarding the latter method of limiting government called Nullify Now.  Please visit Nullify Now, and if it sounds like a good event to you, but tickets in advance.  Remember, your credit card is not billed until the event is scheduled – and then the prices double once that happens.  I need to get $4000 in tickets sold before we can make this happen, so please help share the link far and wide.

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

A Defense of Ron Pauls America Focused Foreign Policy

Since the Tenth Amendment Center (TAC) focuses upon local policies being used to protect citizens from runaway federal government policies, and restoring the original understanding of the Constitution as reflected in the writings of the late 18th century founders, I normally refrain from commenting upon individual politicians. Still with Ron Paul gaining in the polls, and with the mainstream hesitation from modern conservatives on his foreign affairs policy positions (which happen to mesh well with the positions of the Constitution, and coincidentally with my own), I thought it necessary to at least attempt to square some misconceptions regarding his (our) policies, as well as defend some of the policies with a perspective that I think is sometimes lacking in his (our) detractors. Since the Constitutional position is so aligned with Dr. Paul’s, I will refer to the policies as my own to make things easier.

I would like to start out with a simple statement as to where I think Conservatives would agree with Dr. Paul. First most conservatives would say that the government should have as little to do with the economy as possible. They might point out the inherent corruption involved in central government planning. They could point out that in almost every area of life, private businesses are better equipped to deliver vital services to the masses at the lowest possible cost. They would point out that government regulation normally (by its very nature) is captive to the industry it is regulating, that is to say that the people regulating businesses are almost always industry insiders with obvious conflicts of interest. They may also point out that interfering with the domestic economy is (in nearly every case) not an enumerated power, and represents government lawlessness in the extreme against the people. On all of those positions we are in full agreement.

Then after agreeing to the incompetence/criminality of the federal government in those areas, lots of conservatives follow that very same government should escape any scrutiny when it comes to foreign policy. It is as if these devils shed their horns, and grow angelic wings when faced with making foreign policy decisions. Now granted Defense is a core mission of the federal government, and if nothing else, defense would be entitled to the first dollar of funding. I agree that we have enemies in the world that we have to defend ourselves against, and that when they strike we should defend ourselves to the utmost of our capability, After the initial attack we should strike, only after declaring war, destroy who ever is threatening us, and not feel compelled to rebuild that country.

I do not, however, understand how conservatives who openly rail against the new deal, and the social engineering of the last 100 years, and who complain of how government has reduced an entire class of the American people in some ways to a dependant bunch of leaches sucking the life out of the productive class, can exclude foreign policy (implemented by the same bunch) from any criticism? After Obamacare was passed conservatives (me amongst them) continued criticising the policy probably because they believe that the fact it was signed into law does not make it Constitutional. Yet even after all the justifications for invading Iraq proved to be false, conservatives still believe this was the right policy. I think that the politicians that run our government don’t just routinely err when it comes to domestic meddling, they frequently get foreign policy wrong too. I think it is disingenuous to argue to the contrary. Just as social security represents an unsustainable program that must be eliminated before it impoverishes another generation, so must wars of preemptive aggression, which are not really defending us, protecting our freedom, or our rights.  I believe the operative word in the phrase National Defense is… Defense

So with that justification out of the way, lets talk about some specifics:

1. “Ron Paul wants to end foreign aid”, a lot of conservatives add that “this means he does not support Israel”. While this is a policy position, it hardly means he does not support Israel. In fact the enemies of Israel get more foreign aid than Israel does, so the elimination of all foreign aid would represent a net increase in aid for Israel. But lets delve a little further. The purpose of foreign policy is to provide security for America. I think the fact that we provide aid is in some ways counter to our security needs. To explain this I will just say that when we give aid to an enemy of another country (and every country has enemies), some of those enemies will resent us giving aid to their enemies, and could even become our enemies as a result (think of how we felt/feel when Russia gives aid to Iran). To counter this, we could give to both sides, but now we look like a backstabber to the people we were supporting in the first place. Better to just stay out of it, and avoid the conflict, as we are not served by these conflicts of interest.

2. “Ron Paul wants to pull troops out of Iraq or Afghanistan (or name the country), and this will weaken our position in the world.” This position has a lot of truth (not in the consequences, but the actions). The fact is that with our current military obligations our military is stretched too thin. Not just in current military conflicts, but in our previous wars. We still have remnants of a cold war force in Germany, Italy, Ireland, South Korea, etc. etc. etc. These countries are not a threat to us any more. The cold war is over and we can no longer afford to spend monies upon defense of 1st world nations with the necessary budgets to defend themselves. Look at it like this, South Korea is a very close ally of ours, and so understandably any time North Korea starts making noise, we are the first to respond. The thing people seem to pay no attention to is that North Korea has an estimated GDP of ~50 billion dollars, South Korea’s GDP is in the Trillions. They could buy enough weapons, and defensive gear to render The North Koreans about as threatening as a mosquito. Why don’t they?… They don’t have to because we are there defending them with our borrowed dollars – it is free to them. Remember we don’t actually have ANY money to defend anyone anymore, even ourselves. When you maintain extensive foreign bases, as we do, it is difficult not to refer to it as an “empire”, but we do not, because we place ourselves a step above. One reason is that we don’t charge one penny in tribute. This is also the reason this sort of empire is/will always be unsustainable. Citizens of America (and of our “protected” countries) would no doubt balk at us charging tribute, but that would be the only way to sustain such a large empire (the tribute would be the charge for handling their defense for them), and that is why I think we need to bring all troops home who are not actively fighting a declared (legal) war. Let them protect America from the invasion from the south (or north). It might not be an armed invasion – but it is still an invasion. Also, bringing democracy to countries who don’t want it is NOT defense of our country, our freedom, or our way of life. It is meddling.

The other point people seem to ignore when they argue that we are defending America by fighting in Iraq, is that we are leaving our borders open while we do it. So what is the sense of that? While we are consuming the wealth of a generation to maintain a fighting force in the mid east, south Asia, and Europe, we are leaving our borders open so that any terrorist that wants to could walk across the border, and ride the elevator to the top floor of the Empire State building, and blow it up. How does it make sense to fight a war on terrorists in such a way that leaves you fighting nationals in another country and leaves you wide open to the very attack that your enemy is famous for. This logic cannot be squared, it is unfathomable that having your military defend the border of a foreign country, on another continent, would make you more safe than defending your border at home.

3. “Ron Paul doesn’t care if Iran gets the “bomb”. Ron Paul would no doubt have America play a less active part in the middle east. But remember with Israel not receiving aid from us anymore, they would be free to defend themselves as they see fit. We would no doubt still come to their aid if asked, but I think the country most incentivized to prevent Iran from getting the “bomb” is Israel. If we are not handcuffing them, they will no doubt deal with Iran in a similar fashion to the way they dealt with Iraq in the 80′s with them getting nuclear technology. Also remember George Washington’s advice, to avoid entangling alliances. Israel is handcuffed by our constant meddling in their affairs. If we free them they will maintain order in their backyard better than we ever could, and they have even asked us to do this. Do we think we know better than they do how to defend their sovereign country – I don’t.

4. “Ron Paul blames America first” This is a terrible assertion. How can it be, that if I was to ask you what the appropriate foreign policy is towards any given country, you would no doubt have multiple disagreements with our leaders in DC (be they Republican or Democrat), and yet you can find no fault with any of the past decisions? Were they all made by wise and brilliant tacticians? Of course not. Most were made by politicians who where in the back pocket of defense contractors, who stand to make billions in every “armed conflict” we are engaged in. Many decisions in foreign policy are bad decisions (they are after all made by politicians who are looking to get re-elected with help from the highest bidder), it is not to say America is evil, it is not to say Americans are evil, it is only to say we took the wrong path on some things in the past because of monetary influences. To say that our foreign policy is the only reason terrorists attack us is silly, but to say that our occupation of a foreign country is seen as offensive to manyforeign nationals should be obvious. If you spit on someone (or insult them by treating them as a tributary country within their own borders), does it justify that person punching you in the nose?… Probably not, but if you don’t spit on someone but rather treat them with the respect of an individual, does it lessen the chances that someone will punch you in the nose as a result? Most certainly.

So in conclusion to those conservatives who say they agree with Ron Paul (except for his foreign policy) I would ask do you then agree with Obama (except for his domestic policy) since Obamas foreign policy is really just an extension of George W. Bush’s, and virtually identical to Newt, Romney, Perry, and Santorum, Bachman, and the others.  His Domestic policy is also virtually identical to the other Republican candidates… Just something to think about. Our current foreign policy really flies in the face of the Constitution, it has for some time now, as has our domestic policy. Ron Paul’s policy would mark a return to a Constitutional foreign policy, and a welcome break for our troops, as well as a phase out of unconstitutional domestic policies.

So, I’ll leave it to you.  More of the same, or a return to the Constitutional government our founding fathers laid out for us? You decide.

 

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

Hamilton on "Necessary and Proper" and "Supremacy"

A couple of the commonly misunderstood parts of the Constitution are the Necessary and Proper clause, and the Supremacy clause. I thought I would publish what Alexander Hamilton wrote on the subjects from the Federalist #33. Remember that these papers where written during the debate over ratification, and widely circulated. They informed the ratifiers to the understanding of the document they where about to sign, and as such they are similar to writing in the borders of a written contract, they are legally relevant, and enforcable.

By way of a general explaination or summation of Hamiltons sentiments I offer this short summary. The Necessary and proper clause is simply declaring that the way the legislature would carry out their enumerated powers would be to pass laws that are incidental to their powers, and the Supremacy clause simply stated the obvious that in powers pursuant to the Constitution the laws of the union would be supreme.  In areas not pursuant to the Constitution however the laws of the states would still be supreme… DUHHH.

Without further hesitation, here is Hamiltons paper on the 2 clauses:

 

“To the People of the State of New York:

THE residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause. The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature “to make all laws which shall be necessary and proper for carrying into execution the powers by that Constitution vested in the government of the United States, or in any department or officer thereof”; and the second clause of the sixth article declares, “that the Constitution and the laws of the United States made in pursuance thereof, and the treaties made by their authority shall be the supreme law of the land, any thing in the constitution or laws of any State to the contrary notwithstanding.”

These two clauses have been the source of much virulent invective and petulant declamation against the proposed Constitution. They have been held up to the people in all the exaggerated colors of misrepresentation as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated; as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet, strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article. They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers. This is so clear a proposition, that moderation itself can scarcely listen to the railings which have been so copiously vented against this part of the plan, without emotions that disturb its equanimity.

What is a power, but the ability or faculty of doing a thing? What is the ability to do a thing, but the power of employing the means necessary to its execution? What is a LEGISLATIVE power, but a power of making LAWS? What are the means to execute a LEGISLATIVE power but LAWS? What is the power of laying and collecting taxes, but a legislative power, or a power of making laws, to lay and collect taxes? What are the proper means of executing such a power, but necessary and proper laws?

This simple train of inquiry furnishes us at once with a test by which to judge of the true nature of the clause complained of. It conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws necessary and proper for the execution of that power; and what does the unfortunate and culumniated provision in question do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws necessary and proper to carry it into effect? I have applied these observations thus particularly to the power of taxation, because it is the immediate subject under consideration, and because it is the most important of the authorities proposed to be conferred upon the Union. But the same process will lead to the same result, in relation to all other powers declared in the Constitution. And it is expressly to execute these powers that the sweeping clause, as it has been affectedly called, authorizes the national legislature to pass all necessary and proper laws. If there is any thing exceptionable, it must be sought for in the specific powers upon which this general declaration is predicated. The declaration itself, though it may be chargeable with tautology or redundancy, is at least perfectly harmless.

But SUSPICION may ask, Why then was it introduced? The answer is, that it could only have been done for greater caution, and to guard against all cavilling refinements in those who might hereafter feel a disposition to curtail and evade the legitimate authorities of the Union. The Convention probably foresaw, what it has been a principal aim of these papers to inculcate, that the danger which most threatens our political welfare is that the State governments will finally sap the foundations of the Union; and might therefore think it necessary, in so cardinal a point, to leave nothing to construction. Whatever may have been the inducement to it, the wisdom of the precaution is evident from the cry which has been raised against it; as that very cry betrays a disposition to question the great and essential truth which it is manifestly the object of that provision to declare.

But it may be again asked, Who is to judge of the necessity and propriety of the laws to be passed for executing the powers of the Union? I answer, first, that this question arises as well and as fully upon the simple grant of those powers as upon the declaratory clause; and I answer, in the second place, that the national government, like every other, must judge, in the first instance, of the proper exercise of its powers, and its constituents in the last. If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded. Suppose, by some forced constructions of its authority (which, indeed, cannot easily be imagined), the Federal legislature should attempt to vary the law of descent in any State, would it not be evident that, in making such an attempt, it had exceeded its jurisdiction, and infringed upon that of the State? Suppose, again, that upon the pretense of an interference with its revenues, it should undertake to abrogate a land tax imposed by the authority of a State; would it not be equally evident that this was an invasion of that concurrent jurisdiction in respect to this species of tax, which its Constitution plainly supposes to exist in the State governments? If there ever should be a doubt on this head, the credit of it will be entirely due to those reasoners who, in the imprudent zeal of their animosity to the plan of the convention, have labored to envelop it in a cloud calculated to obscure the plainest and simplest truths.

But it is said that the laws of the Union are to be the supreme law of the land. But what inference can be drawn from this, or what would they amount to, if they were not to be supreme? It is evident they would amount to nothing. A LAW, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed. It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a goverment, which is only another word for POLITICAL POWER AND SUPREMACY. But it will not follow from this doctrine that acts of the large society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it expressly confines this supremacy to laws made pursuant to the Constitution; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed.

Though a law, therefore, laying a tax for the use of the United States would be supreme in its nature, and could not legally be opposed or controlled, yet a law for abrogating or preventing the collection of a tax laid by the authority of the State, (unless upon imports and exports), would not be the supreme law of the land, but a usurpation of power not granted by the Constitution. As far as an improper accumulation of taxes on the same object might tend to render the collection difficult or precarious, this would be a mutual inconvenience, not arising from a superiority or defect of power on either side, but from an injudicious exercise of power by one or the other, in a manner equally disadvantageous to both. It is to be hoped and presumed, however, that mutual interest would dictate a concert in this respect which would avoid any material inconvenience. The inference from the whole is, that the individual States would, under the proposed Constitution, retain an independent and uncontrollable authority to raise revenue to any extent of which they may stand in need, by every kind of taxation, except duties on imports and exports. It will be shown in the next paper that this concurrent jurisdiction in the article of taxation was the only admissible substitute for an entire subordination, in respect to this branch of power, of the State authority to that of the Union.

PUBLIUS”

 

Thanks for reading…

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

Report on the Occupation

Interview with the Occupation3

Here is the last of my interview films.  This guy was actually the 2nd interview I did.  His interview was unfortunately cut short by the cameraman reloading his film while I was interviewing.  Enjoy

 

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

 

Interviews with the Occupation2

I went down to Portland to talk to the Occupation the week before the eviction. Here is one of the videos of my interviews.

 

 

 

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

 

Interviews with the occupation1

I went down to Portland to talk to the Occupation the week before the eviction. Here is one of the videos of my interviews.

 

In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com

 

 

 

 

Just Stand There and do One Thing Right!

So, the time has come.  The “super-committee”is about to fail and “draconian cuts” (read reductions in the rate of increase over the next 10 years) are on the way.
As I said when the stupid idea was passed to defer decisions to an unconstitutional body’s decision making prowess, this has failed.  But now that it has failed, and we are on the precipice of a sizable slowing of the rate of growth in government,  I have one suggestion…. Don’t stop it! This is now the perfect way for any politician to cut spending, without having to appear to be the “bad guy.”  Nobody gets targeted, nobody wins, nobody loses.  Just allow the “automatic reductions” to happen (as you said you would when you counted them as “real” spending “cuts” during the debt-ceiling debate earlier this year). 


Now… I know it goes against everything that is inside a politician… to allow responsible actions to occur, (even if through inaction), but please…… let this one slide!!  Ignore the calls for “special legislation” to prevent the spending cuts you promised earlier this year.  Ignore the pundits on TV calling for you to spend more.  And ignore your own ‘better’ judgement, which is (judging by the actions of a majority of legislators over the last century) fatally flawed.  I beseech you to let these cuts happen!  Stop spending our Grandchildrens’ future!

Obamacare is Unconstitutional