Nov 16th - Publius Huldah
Discussion on the 14th & 17th Amendments
Publius Huldah is a retired lawyer who lives in Tennessee USA. She writes on the U.S. Constitution and posts her papers at publiushuldah.wordpress.com Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge).
14th Amendment to the U.S. Constitution
The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.
November 30, 2015
Treason, cowardice, and the Islamic invasion: why states must revitalize the militia
By Publius Huldah
To All State Governors and State Legislators:
War is coming to America. Obama is importing young able-bodied males to make civilizational jihad on us; and Congress can't summon up the moral courage to stop him.
To see what is ahead for us, watch this 20 minute video. It depicts the Islamic takeover which is right now going on throughout Europe as European countries are being repopulated by millions of young able-bodied Muslim males (euphemistically called "refugees") who are explicit about their intention to breed the native Europeans out of existence, and replace the European cultures with Islamic culture.
And Obama is bringing it here.
This paper discusses the two courses of action set forth in Federalist Paper No. 46for situations such as this: (1) The States must refuse to cooperate with the federal government; but if that doesn't solve the problem, (2) The States must use their State Militia to defend their State and Citizens.
Invaders are not "Refugees" or "Immigrants"
Those pushing for an Islamic takeover of Europe and North America are referring to these able-bodied young Muslim males as "refugees." The use of that term brings the Muslims who are brought into the United States within the federal Refugee Resettlement Act. And since the Constitution delegates power over immigration to Congress, and Congress re-delegated refugee policy to the President, the States must submit to Obama's Will and accept the "refugees" he forces on them. Thus goes the specious argument recently made by Ian Millhiser.
But we will look at the Truth.
What does our Constitution say about Immigration and Naturalization?
Immigration (or migration) pertains to new people coming to this Country to live.1Naturalization refers to the process by which an immigrant becomes a Citizen.
Our Constitution does delegate power over immigration and naturalization to Congress. Article I, §9, clause 1, delegates to Congress (commencing January 1808) power to control migration. 2 Article I, §8, clause 4, delegates to Congress power to establish an uniform Rule of Naturalization.
But what is going on now with the importation of large numbers of able-bodied young Muslim males is not "immigration" as contemplated by our Constitution. It is an act of war being committed against the People of the United States by their President. The plan is to overthrow our Constitutional Republic and set up an Islamic Caliphate over America. 3
That is Treason – it is Insurrection. It is not "immigration," and it is not "refugee resettlement."
The States must refuse to cooperate
Michael Boldin's recent informative article explains how the federal resettlement program works: The federal government coordinates resettlement of "refugees" with non-governmental organizations (NGOs) located within the States, and thus circumvents state and local governments. Accordingly, the States should promptly stop all such NGO involvement; take control of the programs themselves; and then refuse to cooperate with the federal government.
James Madison, Father of our Constitution, spells this out in Federalist No. 46 (7th para). Respecting unpopular acts of the federal government:
Our Constitution Imposes the Duty on the Federal Government to protect us from Invasion
Article IV, §4, requires The United States to protect each of the States against Invasion:
Article II, §2, clause 1 makes the President Commander in Chief of the Militia of the several States, when called into the actual Service of the United States. [But remember: the federal government may call forth the Militia only for the three purposes listed in Art. I, §8, cl. 15].
But the federal government hasn't called forth the Militia to protect the States from the Islamic invasion. To the contrary, the President is importing the invaders and foisting them on the States.
So! What are States and The People to do? Because the President is aligned with the invaders, and Congress filled with moral cowards, must we passively submit to having ourselves and our Christian and Jewish children killed, and then let our surviving burka dressed daughters and granddaughters be handed over to the clitoris cutters?
No! The People have the Natural Right of self-defense; and the States have the reserved Power to defend their Citizens. With the State Militia, The People and the States have the means to exercise this Natural Right and reserved Power.
The States must Revitalize their State Militia
What is the Militia? As Dr. Edwin Vieira's excellent series 4 on the Militia and how it guarantees the right to keep and bear arms shows, the Militia has a long history in America. That history began with the English settlements in the early 1600s. Every free male was expected to be armed and prepared at all times to protect himself, his family, and his community. Laws in the Colonies gave effect to this requirement. So at the time of the drafting of our Constitution in 1787, everyone knew of this 150 year long history of free American males being required to be armed, trained, and ready at a moment's notice to answer the call of Duty.
Accordingly, the above identified "militia clauses" were written into our Constitution of 1787.
In 1792, Congress implemented these militia clauses and passed "An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States." This Act required all able-bodied male citizens (with a few exceptions) between the ages of 18 and 45 to enroll in their State Militia, get a rifle and ammunition pouch, and train.
As Section 1 of the Act shows, the adult able-bodied male Citizens of a State are The Members of their State Militia. So, continuing the long-standing colonial tradition, Members of Congress in 1792 thought it such a fine idea that all male citizens be armed and trained and members of their State Militia, they required it by federal law!
So! As Art. I, §8, cl. 15 shows, Congress is authorized to provide for calling the Militia into national service to "execute the Laws of the Union, suppress Insurrections and repel Invasions." But what if the federal government refuses to act?
Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the Citizens of the States from threats to their liberties posed by the federal government (7th & 12th paras); and that the States' reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9th para).
And on the use of the Militia to repel Invasions, Hamilton says (13th para):
The States are within their retained Sovereign Power to call up their State Militia to fend off invaders. Article I, §10, last clause, is an expression of this retained sovereign Power of States of self-Defense:
James Madison spoke to the same effect as Hamilton respecting federal tyranny. In Federalist No. 46 (9th para), Madison speaks of a federal government so consumed with madness that it sends its regular army against the States:
Article VIII of the Constitution for the State of Tennessee provides for Tennessee's Militia. Consistent with the tradition which has existed in this Country since the early 1600s, all Tennessee Citizens are members of this Militia. Article I, §28, TN Constitution says:
Madison closes his magnificent 9th paragraph in Federalist No. 46 with this:
1 Our Framers contemplated that immigration would be restricted to people who shared our culture and values – e.g., Federalist No. 2, 5th para.
But Americans got conned into believing that an ideal culture is multicultural. Thus, with Teddy Kennedy's immigration reform act of 1965, our borders were opened to all. We congratulated ourselves on our new virtues of "tolerance" and "diversity." But the goal of the multiculturalists was to eradicate our unique Culture – we were too gullible to see it. So now, the enemy is inside the gates, and more are coming in. And Islam doesn't tolerate multiculturalism.
2 "Open borders" adherents bristle at the assertion that Congress has constitutional authority to restrict immigration. They insist that Art. I, §9, cl. 1 addresses only the importation of slaves and says nothing about free immigrants. But the text distinguishes between "migrations" and "importations," and the Duty is levied on "importations," not "migrations." Slaves, being "property," were "imported." Free Europeans "migrated." The power of the States to determine such persons as it was proper to admit, expired January 1808. There are various letters and speeches from our early days confirming this. I'll write it up when I get time (if this doesn't turn on the light). For now, see Federalist No. 42 (6th para):
3 See the website for The Center for Security Policy (Frank J. Gaffney) HERE. There you can read The Plan of the Muslim Brotherhood to infiltrate and take over all American Institutions. They are working to make this Country part of a global Islamic caliphate. Open your eyes NOW.
4 Do read all 8 of Dr. Vieira's papers in this series. They get very moving.
5 "Troops" as in Art. I, §10, last clause, are professional full-time soldiers. States may not keep "Troops" absent consent of Congress. But the States' Militia is a permanent State institution. The States retain their pre-constitutional powers over their Militia, subject only to the federal government's limited supremacy set forth in the 3 Militia clauses [See Part 2 of Dr. Vieira's paper HERE.] PH
© Publius Huldah
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Islam Has No Right to Build Mosques, Spread Islam, or Institute Sharia Law In America
Seventeenth Amendment - U.S. Constitution
Seventeenth Amendment - Popular Election of Senators
Amendment Text | Annotations
Clause 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Clause 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
17th Amendment AnnotationsPopular Election of Senators
The ratification of this Amendment was the outcome of increasing popular dissatisfaction with the operation of the originally established method of electing Senators. As the franchise became exercisable by greater numbers of people, the belief became widespread that Senators ought to be popularly elected in the same manner as Representatives....
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