Posts Tagged ‘States rights’

The Founding Fathers Constitution

The Founding Fathers Constitution

The Founding Fathers of the United States were directed as well as inspired by God in the creation and writing of the United States Constitution.  Over the 220 plus years that the constitution has existed the constitution has undergone many changes.  To distinguish the original constitution from the constitution that the United States is governed by today we will call the original document the Founding Fathers Constitution.

The U. S. Founding Fathers were provided with a unique perspective that few people in history have experienced firsthand that is living under both extremes of government rule.  The authority of a tyrannical government as well as living under an ineffectual government charter with insufficient powers to govern. 

Initially life under the King George III of England was acceptable.  In fact, most of the people enjoyed life under the authority of the King of England.  As time passed grievances arose that the King was unable or unwilling to address.  The King’s unwillingness to correct the problems encountered by the colonists mounted till corrections had to be made.  The King refusing to address the problems worsened the situation for the colonists by adding additional laws, tariffs and taxes onto the backs of the colonists. 

A once loved King George III became a tyrannical leader.  The U. S. Founding Fathers attempted to redress the situation through every legal avenue they had available.  This eventually led to a hardening of positions on both sides which in turn led to the Revolutionary War.

Life under an Ineffective Government Charter

The colonies after cutting ties with England established a charter the Articles of Confederation to administer the duties, obligations of the thirteen colonies as well as conducting the war.  The Articles of Confederation were found to be ineffective not providing sufficient authority to the central government. 

The Articles of Confederation were dependent upon the colonies relinquishing authority over their territory.  The colonists as well as their colonial governments were unwilling to give the central government sufficient authority to effectively govern the thirteen colonies.   In spite of these deficiencies the Colonists were able to win the Revolutionary War.   George Washington credited the colonies performance in the war to acts of Providence.

The colonists lived several years under the limited authority of the central government governing using the Articles of Confederation charter.  This allowed the colonists to understand the disadvantages of life under a government that did not possess sufficient authority to effectively rule.  Living under these two extremes the Founding Fathers knew the disadvantages of both governmental entities.  The Founding Fathers historical experience allowed them to create a comprehensive document designed to protect the rights of the people.

The Founding Father’s Constitution

Life under the rule of the King taught the colonists to fear absolute control.  Whereas life under the charter of the Articles of Confederation taught the Founders that a central government must have certain powers and authority to be able to govern properly.  Faced with these two opposing positions the U. S. Founding Fathers undertook the creation of the United States Constitution.

Checks and Balances

The Founders were fearful that a central government over time would increase its authority and control over the people established sets of checks and balances to limit the ability of the central government to morph into a tyrannical government without the approval of the States and the people.  To protect the rights and freedom of the people checks and balances were established.

Thomas Jefferson believed that the government at the State level, being closer to the people, would provide the people with greater representation.  By balancing the authority of the national government with the combined powers of the States the powers of the national government are limited.  In this manner the powers of the Federal government are balanced between the States and the Federal or central government. 

Though the power of the Federal government was now balanced the Founding Fathers were still fearful that the central government could still develop into a tyrannical government body.   Further checks were established to limit and restrict the ability of the central government from acquiring additional authority and power over the people. 

Among the checks three entities of the national government established branches with specific duties and responsibilities.  Each branch had VETO authority over the other branches.  The bi-camel congress was given separate distinct responsibilities.  A bi-camel congress was established to represent their segment of the controlling government bodies.  The Senate was to defend the State’s rights whereas the House of Representatives were to represent the people.  It is this VETO authority that provides the checks to an out-of-control Federal government.

States Rights

The Federal government’s authority and powers are derived directly from the States.  The States were placed between the Federal government and the people.  In this way the States are a “Wall of Political Protection” protecting the rights and freedom of the people.  To accomplish this control authority the States were provided with Senators that would be under direct control of their State legislature. 

The U. S. Senators were to report directly to their State legislature to determine the response the Senators should or should not take at the Federal level of government.  The U. S. Senators were appointed by their States legislature.  The Senators were subject to the dictates of their particular State’s legislature.  In this way the States could protect the States authority as well as protect the freedom of its citizenry from infringing power of the Federal government. 

The House of Representatives was established to represent and protect the people of their state.  The House Representatives were elected by their state’s registered voters.  The House Representatives served subject to the dictates of the people.

Founding Fathers

The Founding Fathers established the separation of powers along with the redundancy of checks and balances so that the unalienable rights and freedom of the people could be adequately protected.  The Founders were so fearful of the possibility that the central government would morph over time to become tyrannical that the Bill of Rights was added to the Founding Fathers constitution. 

The Bill of Rights established the specific restrictions dictating the limits that were to be placed on the Federal government.  It was only with the addition of the Bill of Rights to the constitution that all the Founders got on board willing to accept the Founding Fathers constitution as the official governing document.  The Founders constitution was completed in 1787 and enacted in into the law of the land in 1789.

 

 

 

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Posted by on December 6th, 2011 6 Comments

Repeal the 16th Amendment

Repeal the 16th Amendment 

Actions to repeal the 16th Amendment would return the checks and balances that had been originally placed in the Constitution.  The 16th Amendment was a major blow against States Rights.  The States were no longer a barrier between the people and the Federal government.

Our Founding Fathers established the States to be a “Wall of Political Protection” between the citizens and the Federal government.  This Wall of Protection was one of the checks that were placed into the constitution to assist in bridling an out-of-control central government.

The 16th Amendment to the United States Constitution allowed the Federal government to directly tax citizens of the United States.  Prior to the enactment of the 16th Amendment the Federal government would tax the individual States for monies it needed to operate.  The States then had to decide how the necessary funds were to be collected from the State’s population. 

What is a Constitutional Amendment?

An amendment to the constitution permanently changes the constitutional document.  Changes to the constitution must be made carefully so that the unalienable rights of the people are not adversely affected.  A constitutional amendment not only affects the constitution it may affect other related laws.  Our Founders made adoption of constitutional amendments difficult to avoid reckless changes to the constitution.

To protect the rights of the people additional requirements was established mandating that ¾ of the States approving any changes made to the constitution.  This approval was to be performed by either the State’s legislature or a specifically elected constitutional convention committee.  Failure of ¾ of the States to approve an amendment would negate that amendment.

Article 1, Section 9 of the Original U. S. Constitution

Article 1, Section 9 of the U. S. Constitution prohibited the Federal government from collecting taxes or funds from individuals.  The Federal government was limited to collecting revenue from the States according to that State’s population.  Each state was responsible for determining how the individuals within the state were to be apportioned for their individual share of the monies levied against the state.

Our original constitution gave the Federal government the power and authority to collect revenues from limited specific sources.  The Federal government was authorized to set tariffs, excise taxes, along with consumption taxes.

The 16th Amendment to the U. S. Constitution

The 16th Amendment severely damaged State rights by allowing the Federal government to tax the State’s citizens directly.  The 16th Amendment and the following 17th Amendment have severely damaged the “Wall of Political Protection” that the Founding Fathers had established to control the Federal government.   By repeal the 16th Amendment and repeal of the 17th Amendment the damage to the checks and balances established within the constitution can be corrected.

  • The 16th Amendments reads as follows:  “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regards to any census or enumeration”.

Repeal the 16th Amendment

The Wall of Political Protection or checks and balances must be re-established in order to bring the Federal government back under control.  The power and authority of the States must be returned.  It is important to repeal the 16th Amendment however of greater priority is to repeal the 17th Amendment. 

Repeal of the 17th Amendment will give the States power and authority to once again bridle the Federal government.  After the 17th Amendment has been repealed we can proceed to repeal the 16th Amendment. 

Failure to correct errors placed in amendments to the constitution in a proper order will open up the possibility of greater control being taken from the States and given to the Federal government.  Corrections to the constitution must be done with care and forethought. 

Healing of America

America can be healed.  Through education followed by deliberate actions the errors placed in the constitution can be corrected.  The healing of America can be accomplished in a relatively short period.

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Posted by on November 19th, 2011 3 Comments

States Rights

States Rights

Our Founding Fathers were allowed to experience two governmental extremes, totalitarianism as well as near anarchy by a government authority not having sufficient power to rule.  Faced with these two extremes the individual states rights became paramount.  The newly formed government constitution of the United States allowed the individual states to retain their powers and authority over the Federal government.

Great effort and analysis of earlier government forms were researched to determine the strengths as well as weaknesses of each.  Biblical, Greek, Roman along with Anglo-Saxon history were analyzed in order to find a governmental form that would recognize man’s unalienable rights as well as providing the central government sufficient authority to govern efficiently. 

The United States Constitution embodies the principles that were rediscovered by the Founders as they searched for suitable government rules regulations and laws.  In 1789 the resulting constitution was enacted.  This newly formed government provided for the individual states to each have rights.  These States rights provided the states power and authority over the Federal government.  The Federal government was limited to only the rights specified in the constitution and allowed by the States.

Wall of Political Protection

The States rights became an integral part of the “Wall of Political Protection” that was established to protect the rights and freedoms of the people.  The States became the wall that separated the people from the Federal government.   All government rights that had NOT been specifically given to the Federal government belonged to the States. 

The Federal government’s actions were to be controlled by the States.  Any actions by the Federal government that over stepped the governments allotted powers the States had the power and authority to curtail.  The States were a “check” on an out-of-control central government.

The constitution by establishing checks and balances allowed the government to efficiently operate while keeping the central government controlled.  The Founding Fathers did not want a Federal government that was as bad as or worse than they had experienced under the rule of a King of England. 

Checks and Balances

Before a law could be enacted the Executive as well as the House of Representatives and the Senate must be in agreement.  Each of these governmental bodies had the authority to veto the actions of the other.  The States had the power through the Senate to control the actions of the Executive branch as well as the House of Representatives.  

The Senate prior to the 17th amendment was appointed by their respective state legislators.  In order to keep their position as U. S. Senator the senator had to do the bidding of his state legislators.  The U. S. Representative of the House of Representatives is elected by the people of his state.  He is motivated to follow the directives and wishes of the voters who placed him in the office. 

Senate Protected States Rights

The Senate represented the States.  The House of Representatives represented the people of their respective state.  The Executive Branch or the president has been given the responsibility as to Chief of State, Commander of Chief of the military, Chief Executive Officer, Chief Diplomat, Chief Architect of needed legislation as well as the conscience of the nation.  In these responsibilities the President of the United States represented the people as a whole.  Each division of the government has veto power over the other. 

The States rights are there to protect the freedoms of the people.  Without the States having the power to veto the other two branches of government the Federal government through bribery and intimidation will be allowed to expand without limit. 

States Rights

Our original constitution species what the Federal government can and cannot do.  All the remaining powers and authority fall into the States rights.  In this way, the States are the sole protector of the people’s unalienable rights and freedoms.

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Posted by on November 18th, 2011 5 Comments

Repeal the 17th Amendment

Repeal the 17th Amendment

Repeal the 17th Amendment will reinstate the checks and balances originally set in place by our Founding Fathers in the constitution.  Until the checks and balances are fully reestablished correcting the ills of America will not be possible.

The Founding Fathers

Our Founding Fathers had experienced tyranny by living under the authority of an unjust King.   The Founders were fearful that the government that they were about to establish would take on responsibilities that it had NOT been allocated. 

An all powerful central Federal government would be no different than the government they had fought the Revolutionary War for freedom.  To prevent the newly established government from becoming as over bearing tyrannical as that of the King of England certain checks and balances were established to stop any encroachment of power by the Federal government. 

Established “Checks and Balances”

The Founders established the States with powers along with the authority to control the actions of the Federal government.  The State’s senators were given the power and authority to veto actions of the Federal government as well as the House of Representatives.  The 17th amendment destroyed the ability of the States to control the government.  It is necessary to repeal the 17th amendment in order to restore to the State’s their ability to control an over bearing central government.

Wall of Political Protection

Our Founders had established the States as a barrier or wall between the people and that of the central government.  All actions by the Federal government had to first go through the people’s respective State government.  Taxes levied were allocated against the States which in turn determined how those taxes were to be paid by the citizens of each respective state. 

The State’s were able to exercise their veto powers whenever the Federal government over stepped its bounds.  Taxes or regulations placed upon the States that were unjust could be vetoed.  The State Senators were the sentinels for their respective state working on the States behalf to veto any unjust laws that would unfairly affect their state.   The State’s U. S. Senators functioned in this manner for over 100 years until 1913 when the 17th amendment was enacted.

The 17th Amendment

Enactment of the 17th amendment destroyed the balances of authority the Founding Fathers had placed in the constitution to protect the rights and freedoms of the people.  No longer were the senators obligated to do the bidding of their respective state. 

Under the original constitution the U. S. Senators were appointed by the State legislators to serve the State for a period of six years.  The U. S. Senators worked for their State reporting back to the State legislators actions that were occurring at the Federal government level.  The State legislators then advised the U. S. Senators what actions they should or should not take with regards to the procedures of the Federal government.  Our state legislators kept control over the Federal government by controlling the actions of their appointed United States Senators.

Today’s U. S. Senators

Today the U. S. Senators campaign for votes from the voting population of their respective state.  The U. S. Senators have no obligation to follow or listen to the directives from their State’s elected authority.  An established check on the Federal government was eliminated. 

Currently our U. S. Senators campaign for votes just has the House of Representatives campaign directly for the people’s votes.  As such the U. S. Senators have NO motivation to protect their state from an over bearing central government.  In order to get re-elected the Senators find that
providing benefits catered to the FEW but politically powerful fulfill their base to being elected to the office of U. S. Senator. 

The people within the state thinking they were going to get more power and control over their U. S. Senators have found they now have less.  Even in these perilous economic times facing the Federal government the U. S. Senators has little motivation to correct the problems facing America.

Repeal the 17th Amendment

By repealing the 17th amendment a check on the Federal government is re-established.  Once again the State’s can veto unjust unfair laws regulations and taxes.  This reinstatement of the checks and balances established by our Founding Fathers will be the beginning of the healing of America.

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Posted by on November 17th, 2011 5 Comments