McCulloch v. Maryland | Federalism

Why is McCulloch v. Maryland considered such an essential case? Prof. David Schwartz of the University of Wisconsin’s Law School explains how McCulloch v. Maryland helped identify fundamental principles of federalism.

Progressivism vs. Declaration (4th of July Primer)

(School is in!) Mark Levin shares his study of the U.S. Constitution and it’s Founding. The American Founding. Levin discusses the miracle of the death of the two men key to the Declaration’s appearance (Jefferson and Adams) on the Fourth of July. He then treads into progressive waters and the current dislike of our American Founding as compared to history. He reads from Woodrow Wilson (our first Ph.D. President) and his disdain for the Founding document and Principles. Then a reading from — really a counter point — Calvin Coolidge to cement the idea that these are eternal principles. Levin wonders aloud how Leftists can even celebrate the 4th in good conscience.

About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers. — Calvin Coolidge (POWERLINE)

BTW, if one does not know the history of the fourth in regard to Jefferson and Adams, or the eternal principles BEHIND the Declaration, here are some decent videos:

Dinesh D’Souza’s 5-Part Prager U Series: Making America

Benjamin Franklin, John Adams, Thomas Jefferson, James Madison, and Alexander Hamilton. You’ve heard their names. You may have even heard them referred to as the Founding Fathers. But what exactly does that mean? In this five-part series, Dinesh D’Souza examines how each of them, in their own particular way, helped to create the great enterprise that is America.

Is the Constitution and It’s Signers… Secular? (Fraudulent Memes)

A Facebook friend posts a lot of stuff from the Left. And while I could spend all day refuting in similar fashion much of it (like the below), this topic caught my eye. Here is the FB graphic she posted on her wall:

So, let’s deal with these in order, shall we?

THOMAS JEFFERSON

This is the headline at THE JEFFERSON MONTICELLO site: “Christianity is the most perverted system that ever shone on man (Spurious Quotation)” — spurious indeed. They follow this with the fuller quote:

This comment on Christianity is a somewhat paraphrased excerpt from the following letter written by Thomas Jefferson to Joseph Priestley:

“this was the real ground of all the attacks on you: those who live by mystery & charlatanerie, fearing you would render them useless by simplifying the Christian philosophy, the most sublime & benevolent, but most perverted system that ever shone on man, endeavored to crush your well earnt, & well deserved fame.” – Jefferson to Priestley, March 21, 18011 (entire letter)

There are other useful links at MONTICELLO’S link to this topic. Even CHECK YOUR FACT has this regarding the Jefferson quote:

Verdict: False

There is no evidence that Jefferson ever said or wrote this. His estate at Monticello includes the saying on its list of “spurious quotations.”

Fact Check:

The quote has been frequently attributed to Jefferson on social media, appearing in numerous memes and posts on Facebook.

However, the Daily Caller found no record of Jefferson ever saying or writing this expression. A search of the Papers of Thomas Jefferson returned no results matching the alleged saying. It doesn’t appear in a collection of his quotes and letters either.

His estate at Monticello also includes the statement on its list of “spurious quotations.” The first known appearance in print dates back to 1996, according to the Thomas Jefferson Foundation…..

BENJAMIN FRANKLIN

The fuller quote reads… and note, many say this about their youth as well. I say similar things — as I stayed out of the church as a youth when I could.

  • “I have found Christian dogma unintelligible. Early in life I absented myself from Christian assemblies.”

Later in life however, Franklin (and I would say myself) wrestled with religious matters well, and came out on the theistic end of life. Here, for example, is a letter from Benjamin Franklin to the “atheist” Thomas Paine:

TO THOMAS PAINE.
[Date uncertain.]

DEAR SIR,

I have read your manuscript with some attention. By the argument it contains against a particular Providence, though you allow a general Providence, you strike at the foundations of all religion. For without the belief of a Providence, that takes cognizance of, guards, and guides, and may favor particular persons, there is no motive to worship a Deity, to fear his displeasure, or to pray for his protection. I will not enter into any discussion of your principles, though you seem to desire it. At present I shall only give you my opinion, that, though your reasonings are subtile and may prevail with some readers, you will not succeed so as to change the general sentiments of mankind on that subject, and the consequence of printing this piece will be, a great deal of odium drawn upon yourself, mischief to you, and no benefit to others. He that spits against the wind, spits in his own face.

But, were you to succeed, do you imagine any good would be done by it? You yourself may find it easy to live a virtuous life, without the assistance afforded by religion; you having a clear perception of the advantages of virtue, and the disadvantages of vice, and possessing a strength of resolution sufficient to enable you to resist common temptations. But think how great a portion of mankind consists of weak and ignorant men and women, and of inexperienced, inconsiderate youth of both sexes, who have need of the motives of religion to restrain them from vice, to support their virtue, and retain them in the practice of it till it becomes habitual, which is the great point for its security. And perhaps you are indebted to her originally, that is, to your religious education, for the habits of virtue upon which you now justly value yourself. You might easily display your excellent talents of reasoning upon a less hazardous subject, and thereby obtain a rank with our most distinguished authors. For among us it is not necessary, as among the Hottentots, that a youth, to be raised into the company of men, should prove his manhood by beating his mother.

I would advise you, therefore, not to attempt unchaining the tiger, but to burn this piece before it is seen by any other person; whereby you will save yourself a great deal of mortification by the enemies it may raise against you, and perhaps a good deal of regret and repentance. If men are so wicked with religion, what would they be if without it. I intend this letter itself as a proof of my friendship, and therefore add no professions to it; but subscribe simply yours,

B. Franklin

Other interesting items of Mr. Franklin’s faith in God can be found here: Benjamin Franklin Was Not A Secularist

I start out this upload with a call into the show this week… after a little back-n-forth it ends. BUT, I include a bit of the show Dennis Prager speaks about during the call. That is from late February. A great topic covered well. Here is the creed spoken of:

✦ I believe in one God, the creator of the universe.
✦ That he governs by his providence.
✦ That he ought to be worshipped.
✦ That the most acceptable service we render to him is doing good to his other children.
✦ That the soul of man is immortal, and will be treated with justice in another life respecting its conduct in this.

For a very good discussion of the influence of the Calvinistic tradition on the thinking of Benjamin, see:

  • John Eidsmoe, Christianity and the Constitution: The Faith of Our Founding Fathers (Grand Rapids: Baker Book House, 1987), 191-213.

JOHN ADAMS

The fuller quote from Adam’s sheds some light on Calvinism’ influence on the founders. The quote was taken out of context from a letter from John Adams to Thomas Jefferson, 19 April 1817 (entire letter):

  • Twenty times, in the course of my late Reading, have I been upon the point of breaking out, “This would be the best of all possible Worlds, if there were no Religion in it”!!! But in this exclamati[on] I Should have been as fanatical as Bryant or Cleverly. Without Religion this World would be Something not fit to be mentioned in polite Company, I mean Hell. So far from believing in the total and universal depravity on human Nature; I believe there is no Individual totally depraved. 

A slightly more English friendly version is this:

“Twenty times, in the course of my late reading, have I been on the point of breaking out, ‘this would be the best of all possible Worlds, if there were no Religion in it!!!’ But in this exclamation, I should have been as fanatical as Bryant or Cleverly. Without religion, this world would be something not fit to be mentioned in public company – I mean hell.” (Charles Francis Adams [ed.], The Works of John Adams, 10 vols. [Boston, 1856], X, p. 254.)

  • Taken from They Never Said It: A Book of Fake Quotes, Misquotes, & Misleading Attributions, by Paul F. Boller, Jr. & John George, p. 3.

Adam’s was using the quote as a hyperbolic analogy to make a larger point. The opposite point as displayed in the meme. And the point was the depravity of mankind in a VERY Calvinistic structure. Here, as a way to drive the point home that this topic — that is, religious influences on the founding of America — is a topic I have for seminary studied well. Here is a bibliography of books used for a class. Books that sit on my shelves, I will highlight one in particular I recommend:

BIBLIOGRAPHY

Atkinson, James. The Great Light: Luther and the Reformation (Eugene, OR: Wipf and Stock, 2006).

Barton, David. America’s Godly Heritage (Aledo, TX: Wallbuilders Press, 1993).

___________. Original Intent: The Courts, the Constitution, & Religion, 3rd ed. (Aledo, TX: Wallbuilders Press, 2000).

Belloc, Hilaire. The Protestant Reformation (Rockford, IL: Tan Books and Publishers, 1928).

___________. Characters of the Reformation: Historical Portraits of 23 Men and Women and Their Place in the Great Religious Revolution of the 16th Century (Rockford, IL: Tan Books and Publishers, 1936).

Berman, Harold J. Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition (Cambridge, MA: Harvard University Press, 2003).

_____________. Law and Revolution: The Formation of the Western Legal Tradition (Cambridge, MA: Harvard University Press, 1983).

Eidsmoe, John. Christianity and the Constitution: The Faith of Our Founding Fathers (Grand Rapids, MI: Baker Books, 1987).

Esolen, Anthony. The Politically Incorrect Guide to Western Civilization (Washington, DC: Regnery, 2008).

Estep, William R. Renaissance and Reformation (Wm B. Eerdmans Publishing Company, 1986).

Evans, M. Stanton. The Theme is Freedom: Religion, Politics, and the American Tradition (Washington, DC: Regnery, 1994).

George, Timothy. Theology of the Reformers (Nashville, TN: Broadman & Holman, 1988).

Hannah, John D. Charts of Reformation and Enlightenment Church History (Grand Rapids, MI: Zondervan Publishing House, 2004).

Hillerbrand, Hans J. The Reformation: A Narrative History Related by Contemporary Observances and Participants (New York, NY: Harper & Row, 1964).

___________. How the Reformation Happened (New York, NY: Harper Perennial, 1968).

Hoffecker, W. Andrew. Revolutions in Worldviews: Understanding the Flow of Western Thought (Phillipsburg, NJ: P & R, 2007).

House, Wayne H. Charts of Christian Theology & Doctrine (Grand Rapids, MI: Zondervan Publishing House, 1992).

_____________. Charts on Systematic Theology ( Grand Rapids, MI: Kregel, 2006).

Lowenthal, David. No Liberty for License: the Forgotten Logic of the First Amendment (Dallas, TX: Spence Publishing, 1997).

MacCullouch, Diarmaid. The Reformation: A History (New York, NY: Penguin, 2004).

Marshall, Paul. God and the Constitution: Christianity and American Politics (Lanham, MD: Rowman & Littlefield, 2002).

McGrath, Alister E. Reformation Thought: An Introduction, 3rd ed. (Malden, MA: Blackwell Publishing, 1999).

______________, ed. The Christian Theology Reader (Malden, MA: Blackwell Publishers, 1995).

Nichols, Stephen J. The Reformation: How a Monk and a Mallet Changed the World (Wheaton, IL: Crossway Books, 2007).

Noll, Mark A. America’s God: From Jonathan Edwards to Abraham Lincoln (New York, NY: Oxford University Press).

Olberman, Heiko A. The Dawn of the Reformation: Essays in Late Medieval and Early Reformation Thought (Wm B. Eerdmans Publishing Company, 1992).

Parker, G.W.H. The Morning Star: Wycliffe and the Dawn of the Reformation (Eugene, OR: Wipf and Stock, 2006).

Pelikan, Jaroslav, Reformation of Church and Dogma (1300-1700), vol. 4 (Chicago, IL: University of Chicago Press, 1984).

Sandoz, Ellis, ed. Political Sermons of the American Founding Era: 1730-1805 (Indianapolis, IN: Liberty Fund, 1991).

Sharansky, Natan. Defending Identity: It’s Indispensible Role In Protecting Democracy (New York, NY: Public Affairs, 2008).

Skinner, Quentin. The Foundations of Modern Political Thought: The Age of Reformation, vol. 2 (New York, NY: Cambridge University Press, 1978).

_____________. The Foundations of Modern Political Thought: The Renaissance, vol. 1 (New York, NY: Cambridge University Press, 1998).

_____________. Liberty Before Liberalism (New York, NY: Cambridge University Press, 1998).

Spellman, W.M. John Locke and the Problem of Depravity (New York, NY: Oxford University Press, 1988).

Stark, Rodney. The Victory of Reason: How Christianity Led to Freedom, Capitalism, and Western Success (, New York, NY: Random House, 2006).

            _____________. For the Glory of God: How Monotheism Led to Reformations, Science, Witch-Hunts, and the End of Slavery (Princeton, NJ: Princeton university Press, 2004)

Tomkins, Stephen. A Short History of Christianity (Wm B. Eerdmans Publishing Company, 2005).

Walton, Robert C. Chronological and Background Charts of Church History: Revised and Expanded (Grand Rapids, MI: Zondervan Publishing House, 2005).

Witte, John Jr. Religion and American Constitutional Experiment (Boulder, CO: Westview Press, 2005).

___________. The Reformation of Rights: Law, Religion, and Human Rights in Early Modern Calvinism (New York, NY: Cambridge University Press, 2007).

___________., and Frank s. Alexander, eds. Christianity and Law: An Introduction (New York, NY: Cambridge University Press, 2008).

___________. From Sacrament to Contract: Marriage, Religion, and Law in the Western Tradition (Louisville, KY: WJK, 1997)

___________. God’s Joust, God’s Justice: Law and Religion in the Western Tradition (Wm B. Eerdmans Publishing Company, 2006).

___________. Law and Protestantism: The Legal Teachings of the Lutheran Reformation (New York, NY: Cambridge University Press, 2002).

Woods, Thomas J. Jr. The Politically Incorrect Guide to American History (Washington, DC: Regnery, 2004).

Later in life, Adams wrote:

  • “I love and revere the memories of Huss, Wickliff, Luther, Calvin, Zwingli, Melancton, and all the other Reformers, how muchsoever I may differ from them all in many theological metaphysical & philosophical points. As you justly observe, without their great exertions & severe sufferings, the USA had never existed.” — John Adams to F. C. Schaeffer, November 25, 1821, in James Hutson, ed., The Founders on Religion: A Book of Quotations (Princeton: Princeton University Press, 2005), 15–16.

GEORGE WASHINGTON

The quote by our first official President does not even hint at secular thought? The entire letter in fact does not. An excellent site recording the non-secular events surrounding the Constitution, also note the following — to use just one example from the many via Is the Constitution a “Secular Document?”

After being sworn in, George Washington delivered his “Inaugural Address” to a joint session of Congress. In it Washington declared:

[I]t would be peculiarly improper to omit in this first official act my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of nations, and whose providential aids can supply every human defect, that His benediction may consecrate to the liberties and happiness of the people of the United States a Government instituted by themselves . . . .  In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency; and . . . can not be compared with the means by which most governments have been established without some return of pious gratitude, along with an humble anticipation of the future blessings which the past seem to presage.

[W]e ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained….

    • Messages and Papers of the PresidentsGeorge Washington, Richardson, ed., vol. 1, p.44-45

Following his address, the Annals of Congress reported that:

The President, the Vice-President, the Senate, and House of Representatives, &c., then proceeded to St. Paul’s Chapel, where Divine service was performed by the chaplain of Congress.

These people obviously didn’t get the memo about the Constitution creating a secular government…..

More on Washington can be found HERE.

Benjamin Franklin Cancelled (Armstrong and Getty)

Armstrong and Getty go read from a Wall Street Journal opinion article regarding the “cancelling” (erasing of) history by Democrats. The articles title is “BENJAMIN FRANKLIN, ‘PERSON OF CONCERN’ — D.C. ALSO PROPOSES TO CANCEL WASHINGTON AND JEFFERSON

Excerpt:

‘A republic, if you can keep it.” Benjamin Franklin’s 1787 quip about the government Americans would have is probably the most popular Founding-era wisdom still with us. Maybe not for long. As if to prove Franklin’s insight about the tendency of republics to self-destruct, a District of Columbia panel has identified Franklin, among other Founders, as a “person of concern,” and recommended his name be removed from D.C. property.

The astonishing proposals come from a Washington, D.C., government committee formed by Mayor Muriel Bowser to re-examine the names of schools, statues and parks in the wake of protests. The committee submitted its report Monday, and Ms. Bowser tweeted “I look forward to reviewing and advancing their recommendations.”

The committee says it hunted for historical figures with “key disqualifying histories, including participation in slavery, systemic racism, mistreatment of, or actions that suppressed equality for, persons of color, women and LGBTQ communities and violation of the DC Human Right Act.” The bureaucrats worked with uncharacteristic dispatch, taking six weeks to render the judgment of history on 1,330 properties named for people.

The committee doesn’t explain its case against Franklin, but we can assume he was judged for once owning slaves. He was later president of the Pennsylvania Society for Promoting the Abolition of Slavery, but anyone who believes the report is a considered historical exercise and not an Orwellian effort in ideological reprogramming has been taken in

The Betsy Ross Flag vs Michael Eric Dyson

Prior to the 4th, Michael Medved recaps with his “Golden Turkey Award” the insane positions taken by the Left regarding the Betsy Ross flag and our Nation’s Founding.

3 Ignorant Myths About The Betsy Ross Flag, Dispelled (THE FEDERALIST):

….Men, women, rich, poor, black and white—all fought and made sacrifices for the principles and aspirations that this flag represents. After the last major battle of the American Revolution, Congress deepened the flag’s meaning by defining red, white and blue.

“White signifies purity and innocence. Red hardiness and valor and Blue … signifies vigilance perseverance and justice,” the Journal of the Continental Congress recorded on June 20, 1782.

Why didn’t Congress define the colors when they first adopted the flag in 1777? They didn’t really know what the colors meant at the start of the United States. By the end of the revolution, they knew what those colors meant because they understood the cost of freedom.

They knew that a free African-American named Peter Salem lived for the red stripe of valor when he risked his life at Bunker Hill to take out the British major responsible for the first British shots of the war. Because of Salem’s story, more Africans were freed and fought. Salem fought for four years and Africans made up about four percent of the Continental Army.

They knew that the flag’s maker, Betsy Ross, was an antislavery Quaker. Her second husband, Joseph Ashburn, was thrown into a British prison for “piracy, treason and rebellion against His Majesty on the high seas.” Representing the white stripe’s pure motive of loyalty, he died because he pledged allegiance to the flag of unity that his wife first sewed.

They knew that a slave named James Armistead represented the color blue because his vigilance as a spy led to America’s victory in the final battle at Yorktown in 1781. Without Armistead’s intelligence as a servant to British General Cornwallis, General Lafayette would not have been able to notify Washington that seizing Yorktown was possible. When Amistead became a free man, he changed his name to James Lafayette.

Yes, it’s unfortunately true that slavery existed when America was founded. It’s unfortunately true that freedom was not equally applied after the American Revolution, with only states in the North abolishing slavery over our nation’s initial years and first decades. It is unfortunately true that the quest for freedom and civil rights for all has been a long, hard-fought battle.

It’s also true that America did not change the design of its flag after slavery was abolished. Why? The nation’s leaders after the Civil War did not see a need to alter the flag’s appearance because they outlawed slavery under it. The American flag—the Union flag—was the victor in the Civil War. Except for adding stars each time a state enters the Union, our flag has not changed since the Betsy Ross flag.

The flag’s meaning of unity has not changed. The values of the colors—valor, hardiness, purity, innocence, justice, perseverance, and vigilance—have not changed. The flag has been enhanced and made more brilliant as we have expanded and deepened the meaning of unity and freedom. That is something to celebrate, not denigrate like Nike by refusing to sell a shoe featuring the first flag of the United States of America.

WND has a good overview of a BlaveTV appearance of David Barton regarding Thomas Jefferson and slavery:

Jefferson continued his abolitionist efforts all through his career.

“When he enters the Continental Congress, he introduces a law to ban slavery in all the colonies,” Barton said. “Every one of them. It failed by one vote.”

He said Jefferson regretted that failure until the end of his life.

Beck noted George Washington freed his slaves upon his death and asked Barton why Jefferson did not follow Washington’s example. Barton explained the American Revolution and the egalitarian ideals led to changes in the law, which made it easier to emancipate slaves. However, Thomas Jefferson had another problem – debt.

“They also had a law that said if you’re in debt you can’t free any slaves,” Barton said. “Jefferson, by today’s standards about two and a half million dollars in debt, is not able to free his slaves, and they changed the laws. He said this: ‘The laws will not allow me to turn them loose.’”

Still, Beck observed that while Jefferson cannot be excused for owning slaves, he not only tried to end slavery in the U.S. but worked to end the institution in other nations, including France. Barton also noted Jefferson paid his slaves, which he didn’t have to do.

Despite Jefferson owning slaves, he was remembered until recently as one of the great anti-slavery crusaders by men such as Frederick Douglass. Barton also recounted the tributes paid to Jefferson by John Quincy Adams, who was called the “hellhound of abolition.” A speech by Adams “praised Jefferson for the lead role he took in trying to end slavery,” Barton said…..

 

Obama Gets Qur’anic History Wrong (Rashida Tlaib Update)

UPDATE UNDER VIDEOS (JUMP)

This was to be the first of many times that an American president would plot to overthrow a foreign government–a dangerous game but one that the Jefferson administration found as hard to pass up as many of its successors would. Wrote Madison:

  • “Although it does not accord with the general sentiments or views of the United States to intermiddle in the domestic contests of other countries, it cannot be unfair, in the prosecution of a just war, or the accomplishment of a reasonable peace, to turn to their advantage, the enmity and pretensions of others against a common foe.”

Max Boot, The Savage Wars of Peace: Small Wars and the Rise of American Power (New York, NY: Basic Books, 2002), 23-24.

Again, Ron Paul “type” take on history is woefully wrong… something his son understands. Between 1800 and 1934, U.S. Marines staged 180 landings abroad.


Rashida Tlaib


Damn the media! Rep. Tlaib didn’t use Jefferson’s Qu’ran. FRONT PAGE MAGAZINE has the story:

But then Rep. Rashida Tlaib announced that she hadn’t actually used Jefferson’s Koran, but an actual Koran. Despite her announcement, many media outlets didn’t bother correcting their fake news. But that’s typical of the media, which acts as the communications arm for the most radical Democrat elements, without ever caring about truth or the facts.

It’s not surprising that Rashida Tlaib chose to opt out of Jefferson’s Koran. While it’s a great publicity stunt, Rashida Tlaib realized that she could gain the benefits of the propaganda, without actually having to soil her religion by using a book that no good Muslim would touch.

There are two problems with Jefferson’s Koran.

1. It was owned by an infidel. That’s a lesser problem.
2. Its translation is quite blasphemous.

Jefferson wasn’t reading the Koran in the original Arabic. His Koran was translated by George Sale in the 18th century. It contains his commentary and notes, some flattering, some rather less so….

(The whole article is worth a read… not long at all)

This UPDATE [now a lie by the MSM] comes by way of WEASEL ZIPPERS, and it has to do with a new Congresswoman being sworn in on Thomas Jefferson’s Qu’ran. (Click TWEET for link to watch video)

It’s pretty ironic for a couple of reasons.

1) Jefferson had the Quran not because he believed in it, but because, among other reasons, US shipping was being attacked by radical Islamist Barbary Pirates who justified their actions by the Quran. He wanted to understand their thought to know how to deal with them.
2) George Sale who wrote that translation did it specifically to expose what he thought were problematic aspects of the Quran that not everyone covered, so his point was to expose them to Christians.

To emphasize the idea that this socialist Muslim is clueless, take note of JIHAD WATCH’S quoting Rashida Tlaib:

According to the Detroit Free Press, Tlaib will borrow this version of the Qur’an from the Rare Books and Special Collections section of the Library of Congress.

“It’s important to me because a lot of Americans have this kind of feeling that Islam is somehow foreign to American history,” said Tlaib, “Muslims were there at the beginning…. Some of our founding fathers knew more about Islam than some members of Congress now.”

What rhymes with clueless? Brainless? ALSO NOTE an older post of mine on a couple of these anti-Semitic Democrats:

[….]

After her primary win on August 7, however, Tlaib radically shifted her positions on Israel, so much so that Haaretz suggested that she pulled a “bait-and-switch.”

In an August 14 interview with In These Times magazine, Tlaib was asked whether she supported a one-state or two-state solution. She replied:

“One state. It has to be one state. Separate but equal does not work…. This whole idea of a two-state solution, it doesn’t work.”

Tlaib also declared her opposition to US aid for Israel, as well as her support for the BDS movement.

When asked why she accepted money from J Street, Tlaib said that the organization endorsed her because of her “personal story,” not her policy “stances.”

In an August 13 interview with Britain’s Channel 4, Tlaib revealed that she subscribes to the specious concept of intersectionality, which posits that the Israeli-Palestinian conflict is fundamentally a dispute between “white supremacists” and “people of color.”

When Tlaib was asked about her position on Israel, she replied, “I grew up in Detroit where every single corner of the district is a reminder of the civil rights movement.”

When Tlaib was asked whether, once in Congress, she would vote to cut aid to Israel, she replied: “Absolutely. For me, US aid should be leverage.”….

(“The Democrats Lurch More Antisemitic“)

The 2nd Amendment Explained

This post should be married to my other post regarding the 2nd Amendment,

The 2nd Amendment Was Only For Muskets.”

Here is the amendment as ratified by the States and authenticated by Thomas Jefferson, the Secretary of State:

  • A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

As Founder, Tench Coxe, of Pennsylvania — noted:

“As the military forces which must occasionally be raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article (of amendment) in their right to keep and bear their private arms.” — Federal Gazette, June 18, 1789

In other words, the comma in that Amendment  separates the clause… there are TWO part to this Amendment, and so it should read (The RPT version):

  • Since an organized force of volunteer citizens is necessary to defend our freedoms from tyranny within [a. federal vs. state | b. one’s own domicile] or (c.) foreign attack, the government shall in no way limit the People’s right to own and carry weapons for collective (a,c) or for sportsmanship or sustenance reasons as well as personal defense of private property guaranteed as a Natural Right (b).

In other words at the split in the sentence, what is reasonable to protect a state (tanks, bazookas, planes). And what is reasonable to protect a home and hunt with (pistols, semi-auto rifles/shotguns [like the AR], etc).

Here, Mark Levin explains these concepts to a caller to his radio show:

David French discusses some of the issues in his article in NATIONAL REVIEW discussing the original text of this Amendment:

…As Justice Scalia noted in his Heller decision, the amendment contains both a prefatory clause and an operative clause. The prefatory clause, a common feature at the time of drafting, does not limit the operative clause; rather, it explains its purpose.

The operative clause is, of course, clear: “the right of the people to keep and bear arms, shall not be infringed.” As Scalia correctly observed, every other time the original, un-amended Constitution or the Bill of Rights uses the phrase “right of the people,” the text “unambiguously refer[s] to individual rights.” Further, the language clearly indicates that the amendment wasn’t creating a new right but recognizing a pre-existing individual liberty — one that is referenced in the 1689 English Bill of Rights. The language “shall not be infringed” indicates recognition, not creation.

But what about the prefatory clause? What does the a “well regulated militia” have to do with an individual right? Scalia explained well in Heller:

The Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia. The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting. But the threat that the new Federal Government would destroy the citizens’ militia by taking away their arms was the reason that right — unlike some other English rights — was codified in a written Constitution.

To believe that the Second Amendment is a collective right, Scalia concluded, is to believe that the authors of the Bill of Rights employed individualist language in order to protect the people’s right to take part in militia organizations over which the national government enjoys plenary power…

[….]

It is critical to remember that the Founding Fathers were Englishmen before they were Americans. When they began to sow the seeds of revolt against the British crown, they sought not to destroy all that had gone before but to protect rights that they believed they already possessed. Thus, when George III responded to unrest by attempting to disarm rebellious colonists, he “provoked polemical reactions by Americans invoking their rights as Englishmen to keep arms,” Scalia wrote. (“Arms,” incidentally, did not mean only “muskets” but included any personal weapon that could be wielded by an individual, including but not limited to “musket and bayonet,” “side arms,” and “sabre, holster pistols, and carbine.”)

Justice Scalia understood this well:

By the time of the founding, the right to have arms had become fundamental for English subjects. Blackstone, whose works, we have said, “constituted the preeminent authority on English law for the founding generation,” cited the arms provision of the Bill of Rights as one of the fundamental rights of Englishmen. His description of it cannot possibly be thought to tie it to militia or military service. It was, he said, “the natural right of resistance and self-preservation,” and “the right of having and using arms for self-preservation and defence.” Other contemporary authorities concurred. Thus, the right secured in 1689 as a result of the Stuarts’ abuses was by the time of the founding understood to be an individual right protecting against both public and private violence.

Writing in 1803, after the ratification of the Bill of Rights, St. George Tucker updated Blackstone’s Commentaries. In America, Tucker wrote, “the right of the people to keep and bear arms shall not be infringed . . . and this without any qualification as to their condition or degree, as is the case in the British government.” The United States, he boasted, “may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty.”

[….]

One cannot analyze the Second Amendment without understanding its moral and philosophical underpinnings. Colonial America was a land populated by people who were both highly literate biblically and steeped in Lockean philosophy.

The biblical record sanctioning self-defense is clear. In Exodus 22, the Law of Moses permits a homeowner to kill even a mere thief who entered his home at night, and the books of Esther and Nehemiah celebrate the self-defense of the Jews against their lawless attackers. Nehemiah exhorted the Israelites to defend themselves: “Remember the Lord, who is great and awesome, and fight for your brothers, your sons, your daughters, your wives, and your homes.” The oft-forgotten climax of the book of Esther is an act of bloody self-defense against a genocidal foe.

Nor did Jesus require his followers to surrender their lives — or the lives of spouses, children, or neighbors — in the face of armed attack. His disciples carried swords, and in one memorable passage in Luke 22, he declared there were circumstances in which the unarmed should arm themselves: “If you don’t have a sword, sell your cloak and buy one.” Christ’s famous admonition in his Sermon the Mount to “turn the other cheek” in the face of a physical blow is not a command to surrender to deadly violence, and it certainly isn’t a command to surrender family members or neighbors to deadly violence.

In his Second Treatise of Civil Government, Locke described the right of self-defense as a “fundamental law of nature”:

Sec. 16. The state of war is a state of enmity and destruction: and therefore declaring by word or action, not a passionate and hasty, but a sedate settled design upon another man’s life, puts him in a state of war with him against whom he has declared such an intention, and so has exposed his life to the other’s power to be taken away by him, or any one that joins with him in his defence, and espouses his quarrel; it being reasonable and just, I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion; because such men are not under the ties of the commonlaw of reason, have no other rule, but that of force and violence, and so may be treated as beasts of prey, those dangerous and noxious creatures, that will be sure to destroy him whenever he falls into their power. (Emphasis added.)

Moreover, Locke argues, these laws of nature were inseparable from the will of God:

The rules that they make for other men’s actions, must, as well as their own and other men’s actions, be conformable to the law of nature, i.e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good, or valid against it.

This right is so fundamental that it’s difficult to find even leftist writers who would deny a citizen the right to protect her own life….

(READ IT ALL!)

Here are a couple quotes by the men who knew the details of what they wrote:

  • Thomas Jefferson said, “No free man shall be debarred the use of arms.”
  • Patrick Henry said, “The great object is, that every man be armed.”
  • Richard Henry Lee wrote that, “to preserve liberty it is essential that the whole body of people always possess arms.”
  • Thomas Paine noted, “[A]rms . . . discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.”
  • Samuel Adams warned that: “The said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.”

(NRA)

More quotes from the Founding Fathers DEFINING the 2nd Amendment can be found at THE FEDERALIST PAPERS

Christopher Columbus – The Left’s Public Enemy #1

Michael Knowles explains the difference between leftist lies and reality, and why Christopher Columbus is the Left’s public enemy #1

To analogize the main point, it would be like taking the political attacks in politics as who a person really is. Here is a great example:

Jefferson called Adams “a blind, bald, crippled, toothless man who is a hideous hermaphroditic character with neither the force and fitness of a man, nor the gentleness and sensibility of a woman.”

The Federalists attacked the fifty-seven-year-old Jefferson as a godless Jacobin who would unleash the forces of bloody terror upon the land. With Jefferson as President, so warned Adams (actually the Connecticut Courant), “Murder, robbery, rape, adultery, and incest will be openly taught and practiced, the air will be rent with the cries of the distressed, the soil will be soaked with blood, and the nation black with crimes.” Reportedly New Englanders hid their Bibles for fear that the infidel Jefferson would declare them illegal if elected. In 1828, supporters of John Quincy Adams called Andrew Jackson a murderer and a cannibal.

The General Welfare | Righting Constitutional Misconceptions

From My “Concepts” Series

It was the author of the U.S. Constitution James Madison, who proclaimed:

  • “The government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government.”

(click to enlarge)

In this latest example (originally posted Sept of 2012) of John Van Huzuim’s conflating terms and ideas, we see a prime  example of how liberals will argue. First, let us deal with how the framers of the Constitution understood “General Welfare,” and not what John says it means or how he thinks conservative Republicans understand it. Here is some input from two of the authors of the Constitution, professor Williams explains:

On September 17, 1787, thirty-nine men signed the U.S. Constitution. Each year since 2004, we have celebrated Constitution Day as a result of legislation fathered by Senator Robert Byrd that requires federal agencies, and every school that receives federal funds, including universities, to have some kind of program on the Constitution. I cannot think of a more deceitful piece of legislation or a more constitutionally odious person to father it – a person who is known as, and proudly wears the label, “King of Pork.” The only reason that Constitution Day is not greeted with contempt is because most Americans are totally ignorant about the framer’s vision in writing our constitution. Let’s examine that vision to see how much faith and allegiance today’s Americans give to the U.S. Constitution.

James Madison is the acknowledged father of the constitution. In 1794, when Congress appropriated $15,000 for relief of French refugees who fled from insurrection in San Domingo to Baltimore and Philadelphia. James Madison wrote disapprovingly, “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” Today, at least two-thirds of a $2.5 trillion federal budget is spent on the “objects of benevolence.” That includes Medicare, Medicaid, Social Security, aid to higher education, farm and business subsidies, welfare, ad nauseam.

A few years later, James Madison’s vision was expressed by Representative William Giles of Virginia, who condemned a relief measure for fire victims. Giles insisted that it was neither the purpose nor a right of Congress to “attend to what generosity and humanity require, but to what the Constitution and their duty require.”

In 1827, Davy Crockett was elected to the House of Representatives. During his term of office a $10,000 relief measure was proposed to assist the widow of a naval officer. Davy Crockett eloquently opposed the measure saying, “Mr. Speaker: I have as much respect for the memory of the deceased, and as much sympathy for the suffering of the living, if there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has not the power to appropriate this money as an act of charity. Every member on this floor knows it. We have the right as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right to appropriate a dollar of the public money.”

In 1854, President Franklin Pierce vetoed a popular measure to help the mentally ill saying, “I cannot find any authority in the Constitution for public charity.” To approve the measure “would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded.” During President Grover Cleveland’s two terms in office, he vetoed many congressional appropriations, often saying there was no constitutional authority for such an appropriation. Vetoing a bill for relief charity, President Cleveland said, “I can find no warrant for such an appropriation in the Constitution, and I do not believe that the power and duty of the General Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit.”

Compared to today, yesteryear’s vision vastly differs in what congressional actions are constitutionally permissible. How might today’s congress, president and courts square their behavior with that of their predecessors? The most generous interpretation of their behavior I can give is their misunderstanding of Article I, Section 8 of the Constitution that reads, “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.” Misuse of the “general welfare” clause serves as warrant for Congress to do just about anything upon which it can secure a majority vote.

The framers addressed the misinterpretation of the “general welfare clause. James Madison said, in a letter to James Robertson, “With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” James Madison also said, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.” James Madison laid out what he saw as constitutional limits on federal power in Federalist Paper Number 45 where he explained, “The powers delegated by the proposed Constitution to the federal government are few and defined . . . to be exercised principally on external objects, as war, peace, negotiation, and foreign commerce.”

Thomas Jefferson explained in a letter to Albert Gallatin, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

What accounts for today’s acceptance of a massive departure from the framer’s clear vision of what federal activities were constitutionally permissible? It is tempting to blame politicians and yes we can blame them some but most of the blame lies with the American people who are either ignorant of the constitutional limits the framers imposed on the federal government or they have contempt for those limits….

…read more…

POLITISTICK notes the difference when they write: “Progressives and their communist cousins — even RINOs (Republicans in name only) will argue the ‘General Welfare’ clause is somehow being authorization for the federal government to spend on anything members of Congress dreams up.” Continuing Madison is again quoted from:

James Madison, in his brilliance, anticipated this argument, of course, and shot it down on several different occasions:

“If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions.”

In other words, if the words “general welfare” meant going outside of the enumerated powers, there would have been no reason to even write the enumerated powers in the first place!

Madison further imagined where Congress might stretch the General Welfare clause if it were misinterpreted to be open-ended:

If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post-roads. 

In short, everything, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.

[….]

For all of the reasons above, with the Democrat Party all but merging with the Communist Party USA and the Republicans, led by big government RINO’s Paul Ryan and Mitch McConnell, only wanting slightly smaller and just barely less unconstitutional than the Democrats, I strongly support both the Convention of States and the Federalist Party. Both parties are arguing which can bastardize the U.S. Constitution the most. We know that the Democrats will always be the most aggressive in this venture but the Republicans are not far behind.

The Sage from South-Central

Larry Elder  on his radio program takes a call in regards to this exact same understanding of the General Welfare Clause.

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Ben Franklin Money Quote

  • I am for doing good to the poor, but I differ in opinion of the means. I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. In my youth I travelled much, and I observed in different countries, that the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer. (Ben Franklin)

In another ARTICLE Professor Williams ends with this, and I think it is suitable for this discussion:

You might say, “If our Constitution provides no authority for programs near and dear to the hearts of so many Americans, the heck with the Constitution.” If that’s your perspective, you’re in good company. The Courts, Congress and the White House beat you to it. Long ago they said, “The heck with the Constitution.”

This is what John is saying, the heck with the constitution! Take note as well that not only does he miss-defines what conservative think, he also argues for police and fire personnel, and then from there jumps to welfare programs (the war on poverty, so-called). (Remember what I always point out with John? Non-sequiturs… he is full of them.) Now, Obama-Care is placed under this umbrella the writers of the clause rejected. I will end here with Professor Williams in regards to Obama-Care:

Here is the second part to POLITISTICK’s post on the matter… love me some Madison!

…Only certain, specifically identified powers, called “enumerated powers,” were delegated to the federal government from the states — powers that the Founding Fathers believed were best performed on a national basis, duties like “provide for the common defense,” to coin money, establish uniform immigration laws, “Post Offices,” treaties with foreign nations, to regulate (which does not mean restrict) interstate commerce, and a few others. These powers were clearly listed in Article I, Section 8, of the U.S. Constitution.

James Madison, considered the main author and father of the Constitution, wrote in Federalist #45, regarding the Alleged Danger from the Powers of the Union to the State Governments Considered, the following two sentences that summarize this principle of state sovereignty and a limited federal government:

“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Madison further described the proper role for the soon-to-be federal government versus the unique roles of the individual states:

“The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

So (let’s forget the politicized decision by the tyrants in black robes who declared Obamacare constitutional — it is not) what does this mean? Would a full single-payer healthcare system like the one proposed in California (which would have more than doubled the entire state budget) be allowed by the U.S. Constitution?

You bet it would — on the state level — but NOT on the national level. If people in California want to more than double their already exorbitant taxes in order to pay for such a system, they are allowed to under the Tenth Amendment, which states, referring to Article I, Section 8:

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

Nowhere in Article I, Section 8 of the Constitution among the enumerated powers are the words, medicine, health care, doctor visits, surgery, healthcare insurance (yes, people got sick in the late 1700’s and there were doctors and medicine), or anything like this even remotely mentioned as a power being transferred by the states to the federal government…..

Were the Founders Religious? (Joshua Charles)

Very happy for my “cyber friend” to be in the Prager-U mix!

What did the Founding Fathers believe about religion? Were they Christians, or just deists? Did they believe in secularism, or did they want Americans to be religious? Joshua Charles, New York Times bestselling author and researcher at the Museum of the Bible, explains.

Another Jefferson Misquote

I kept getting this quote in conversation thrown at me proving Jefferson’s “anti-war” stance on Twitter. Here is one such use of it followed by an ultimatum:

  • “I abhor war and view it as the greatest scourge of mankind.” ~Thomas Jefferson. Now you still want to argue your thinking?

The quote comes from a letter to Elbridge Gerry, and can be read here. Here is a larger section where this comes from… I will italicize the quote used already, and after the larger quote emphasize what follows that gives the sentence context:

I have been happy, however, in believing, from the stifling of this effort, that that dose was found too strong, & excited as much repugnance there as it did horror in other parts of our country, & that whatever follies we may be led into as to foreign nations, we shall never give up our Union, the last anchor of our hope, & that alone which is to prevent this heavenly country from becoming an arena of gladiators. Much as I abhor war, and view it as the greatest scourge of mankind, and anxiously as I wish to keep out of the broils of Europe, I would yet go with my brethren into these, rather than separate from them. But I hope we may still keep clear of them, notwithstanding our present thraldom, & that time may be given us to reflect on the awful crisis we have passed through, and to find some means of shielding ourselves in future from foreign influence, political, commercial, or in whatever other form it may be attempted. I can scarcely withhold myself from joining in the wish of Silas Deane, that there were an ocean of fire between us & the old world.

Here is the sentence in whole — again:

  • Much as I abhor war, and view it as the greatest scourge of mankind, and anxiously as I wish to keep out of the broils of Europe, I would yet go with my brethren into these, rather than separate from them.

There is a lot of qualifying that the sentence ripped from it’s context does not allows a reader to better understand Jefferson’s position. Also note that the letter included the history and knowledge of the Silas Deane affair as well as what is missing from the letter… which we know because we have the rough draft:

“I shall never forget the prediction of the count de Vergennes that we shall exhibit the singular phenomenon of a fruit rotten before it is ripe, nor cease to join in the wish of Silas Deane that there were an ocean of fire between us & the old world. Indeed my dear friend I am so disgusted with this entire subjection to a foreign power that if it were in the end to appear to be the wish of the body of my countrymen to remain in that vassalege I should feel my unfitness to be an agent in their affairs, and seek in retirement that personal independence without which this world has nothing I value. I am confident you set the same store by it which I do: but perhaps your situation may not give you the same conviction of its existence.”

(read more)

As an aside… Jefferson would have liked to see the French Revolution be more bloody if it succeeded in it’s aims:

My own affections have been deeply wounded by some of the martyrs to this cause [the French Revolution], but rather than it should have failed, I would have seen half the earth desolated.

  • Thomas Jefferson, Letter of January 3, 1793, The Portable Thomas Jefferson, ed. Merrill D. Peterson (New York: Penguin Books, 1975), p. 465; from, Thomas Sowell, A Conflict of Visions: Ideological Origins of Political Struggles (New York, NY: basic Books, 2007), 29.