“The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.” Samuel Adams

Tuesday, July 18, 2017

Taxation beyond Constitutional Authorization

Article I, Section 8. "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..."

The sole power for the Federal Government to tax and the sole justifications for uses of Federal taxation are summed up in the first sentence of Article 1, Section 8 of the Constitution. I would submit that a majority of Federal taxation, and spending of that tax revenue, is outside the scope of the Constitutional authorization. Let's examine those two justifications and use of resulting revenues.

The first justification and use of Federally levied taxes is "to pay the Debts".  The National Debt is currently at $19.96 Trillion.  The last time the National Debt was paid off in full was 1835 under President Andrew Jackson.  Since 1940 the Federal debt has only dropped year over year five times: 1947 (by 13.8 billion), 1948 (by 5.1 billion), 1951 (by 1.5 billion), 1956 (by 1.6 billion) and 1957 (by 0.4 billion). In the last 70 years, we’ve only reduced the Federal debt 7% percent of the time. It’s been more than 50 years since the last time the Federal debt was reduced. Every President (and Congress) since 1957 has added to the Federal debt. This makes you wonder when, or if, this trend will ever turn around. You would think, especially since the period after 1940 produced some of the greatest increases in national wealth, we would have taken care of the first reason for levying and collecting taxes! During the period of 1791 to 1849, the National Debt fluctuated between $75 Million and $127 Million. By July 1889, it had reached $1.99 Billion. It took until 1949 to reach $252.7 Billion. In 1982 under President Reagan, we saw the National Debt exceed $1.2 Trillion for the first time in history. August 1999 saw the National Debt climb to $5.6 Trillion. Within the last two Presidencies, Congress and the Presidents have taken the National Debt from approximately $5.7 Trillion to $19.96 Trillion! That is an increase of $14.2 Trillion in just 12 years, with the national debt under Obama growing by about $9.3 Trillion, or an increase of 86%! So far, President Trump and this Congress have accomplished relatively little, as the concentration has been on dubious claims of "collusion with the Russians."  Congress and the Presidents have failed miserably in paying the Debts since 1835!

The second justification and use of Federally levied taxes is "to Provide for the common Defense and the general Welfare of the United States". Current politicians view that power as seemingly all encompassing with no limitation whatsoever! Indeed, even our Founders had some differences in opinion. Alexander Hamilton supported an expansive spending power. In his "Report on Manufactures" (1791), he contended that the only limits on the tax-and-spend power were the requirements that duties be uniform, that direct taxes be apportioned by population, and that no tax should be laid on articles exported from any state. Many other Founders, such as James Madison, repeatedly argued that tax and spend did not confer on Congress the right to do whatever it thought to be in the best interest of the nation, but only to further the ends specifically enumerated elsewhere in the Constitution (a position also supported by Thomas Jefferson and later recognized by Hamilton). They insisted that Article 1, Section 8 does contain its own limitation, namely, that spending under the clause be for the "general" (that is "national") welfare and not for purely local, regional, or even individual benefit. President Monroe adopted this interpretation as well, contending that Congress's power to spend was restricted "to purpose of common defense, and of general, national, not local, or state, benefit."  There are examples in both the First and Fourth Congress where expenditure of money as loans to manufacturers was judged unconstitutional, as was financial relief to Savannah, Georgia citizens after a devastating fire destroyed the entire city. Unfortunately, we now often see Congress insert vast sums of taxpayer money into bills that support specific states or causes such as Planned Parenthood rather than the general republic. We also see spending on social welfare programs directed at segments of our society, not society in general. Again, Congress has gone beyond the original intent and meaning of our Constitution. This financial malfeasance by multiple Congresses has ballooned our unpaid National Debt to the point where it, much less the interest on that loan, can not be paid with the current tax structure. (NOTE: This a paraphrasing of an explanation in "The Heritage Guide to the Constitution".)

If the American People do not bring our Congress and Government to heel and reverse the financial destruction they have caused, this Nation will become a debtor nation enslaved by the debt that irresponsible politicians have created without regard to its impact on future generations or the Nation. Lazy Americans who believe they are entitled to something more than basic freedom will soon find that debt will shackle them and destroy their freedom as completely as any slave master.

Stand strong, Patriots!  No Compromise, No Surrender! 

Tuesday, May 20, 2014

Drive

Drive: an urgent, basic, or instinctual need ;  a motivating physiological condition. Most of us have it in many areas of our lives. Many of us wish we had more of it. An abundance of it is what identifies those we say have a "Type A" personality. 

I have a friend who has more of it than I think I have ever seen in any of my acquaintances. He is constantly involved in so many diverse efforts that one would wonder at the source of his energy! To be honest, he has made me wonder what happened to that drive that I had when I was a soldier and, later, a manager. Much of my obsessive-compulsive drive seems to have vanished in many areas of my life. Is it something we lose as we age, or is it something that must be ignited in us by ideas, idealism, and recognized need?

There was a time when our nation was filled with drive. It created businesses, industry, wealth, opportunity, and made our nation a lighthouse to all, leading the world. Our inherent drive was part of what our Founders believed gave us God given rights to life, liberty and pursuit of happiness. Now there is a creeping malaise that is infecting our nation at so many levels that our once great nation is withering before our eyes. It is killing drive in individuals, groups, businesses, communities, states, and our governments. It is fed by sloth, greed, corruption, and an opposing drive others have to control our lives down to our very thoughts, actions, employments, and loyalties. It is helped along by the many distractions in our lives. It is fed by philosophies pushed on us that we "deserve" or are "owed" things without any effort on our part. Can anything kill personal drive and determination more than hearing that what you do makes no difference? Does it really make sense that you (or others) are owed or entitled to what you want or need for your daily life. This is the tripe that is driving our welfare system! It is what is killing businesses and individual achievement. It is what our government is pushing on almost half of our population, while it guts the incomes and savings of those in the other half of our country who still exhibit drive in their daily lives.

We need to sit back and reassess what is important. My friend made that very clear to me last night. He impressed upon me that I must expend significant effort if I want to still achieve anything in my life and see the rewards that sustained effort  would produce.  I know I need to find the drive that once sustained my daily life.  Our nation needs to again find the drive that made us great. If we don't find our drive and determination again, we are doomed to mediocrity and an increasingly rapid spiral into darkness.


Stand strong, Patriots!  No Compromise, No Surrender! 

Friday, May 16, 2014

Signs that a Government is Becoming Dangerous




Over the past few days we have seen reports that the U.S. Department of Agriculture, responsible for regulating food and nutrition, is in the process of procuring .40 caliber machine guns and body armor.  Their mission is stated as follows:

 


 It beats the heck out of me where the use of machine guns and body armor fits into this mission statement!

We are seeing an increasing trend where nearly every "regulatory" element of our government is trying to develop its own law enforcement element, armed with the finest military assault equipment our military-industrial complex has developed. We are also seeing the Federal government actively encouraging and "bribing" state and local law enforcement with similar equipment. Even our small town police departments are becoming "infected" with militarization. Unfortunately, with that militarization comes the more frequent use of those military capabilities in responding to a situation that once was answered by a uniformed officer knocking at the door. Now that knock is the battering ram of a fully armed and equipped SWAT type team who swarms the home, increasing the chance that an innocent will be harmed rather than protected.

Our government, once touted to be of, by and for The People, is growing into an ominous entity that demands compliance with force, rather than gaining the trust of The People through its actions and, as an outcome, their willing cooperation. The government, granted power by The People, is too often ignoring those same people in an effort to grow and control ever more, all on the backs of those paying the taxes allowing it to run. This is a dangerous trend that a responsible People should halt. Standing by and ignoring government abuses, whether financial or the adoption of military capabilities more appropriate for the battlefield than U.S. city streets, will only lead to a situation where innocent lives will be placed in danger from those too willing to do what they, not The People, see as fit.

Stand strong, Patriots!  No Compromise, No Surrender! 

Thursday, May 15, 2014

Are you "Prepared"?

Every day, it seems, we see new reports of tornadoes, wildfires, earthquakes, drought, terror attacks, and other events that cause harm to untold numbers of people. We also see more reports daily of financial situations, such as National Debt and borrowing, that have the potential to send our society spinning into a massive crash when the "overload" gets to be too much.

Given these situations, it is more than reasonable for Americans to make at least simple preparations to keep their families safe should one of these events happen where they are. Even FEMA and the Red Cross have recommendations for minimal supplies to have on hand should a disaster strike. Given that nugget of information, it appears "Preppers" may not be as "crazy" as some would have us believe.

My followers on Twitter have probably noted my own interest in "prepping".  I've put together, with the help of some friends, a new blog site with preparation related information. It will have information that may help in a crisis. I hope you find it helpful! Please visit http://patriotprepper.xenxnex.com/ for a look under "New Titles"!

 Stand strong, Patriots and Preppers!  No Compromise, No Surrender! 


Tuesday, April 8, 2014

The Federal Government's "Except When" Clause

The United States Constitution is an amazing document. It is claimed to be the "supreme law" of the United States of America, though, as you will see later in my post, I question that, as it seems the Government does not follow it unless it is convenient to do so.

 The Constitution, as originally written, consisted of seven Articles. The first three Articles outline the "separation of powers", whereby the federal government is divided into three branches: the Legislature, consisting of the two houses (House and Senate) of Congress; the Executive, consisting of the President (and all of his minions); and the Judiciary, consisting of the Supreme Court and other federal courts. The fourth and sixth Articles frame the doctrine of "Federalism", describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution.

Our U.S. Constitution was adopted on September 17, 1787, by the Constitutional Convention held in Philadelphia, Pennsylvania, and ratified by conventions in eleven States. It went into effect on March 4, 1789.

Since it's adoption, it has been amended twenty-seven times. The first ten amendments (along with two others that were not ratified at the time) were proposed by Congress on September 25, 1789, and were ratified by the necessary three-fourths of the States on December 15, 1791. These first ten amendments are known as the "Bill of Rights".

The Constitution is interpreted, supplemented, and implemented by a large body of constitutional law. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of other nations.

Interestingly, after the Founders wrote and The People ratified the Constitution, the Government, with the help of the politicians in Congress, has eaten away at the Constitution with what is in effect an "Except When" clause.  Now I know many of you are scratching your head asking "What is the except when clause?" The Federal Government, and even our Congress, obviously uses this clause whenever they don't like what the Constitution says. For example, the First Amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Now, here is where the "Except When" clause come in. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (except when you operate a business, or when you buy health insurance, etc.); or abridging the freedom of speech (except when some group doesn't like what you are saying), or of the press (except when the press reports facts, incidents or information the Government doesn't want disclosed); or the right of the people peaceably to assemble (except when you will have to have a permit approved by the Government, first), and to petition the Government for a redress of grievances (except when the government determines you have no legitimate grievance). This "Except When" clause has been used rampantly lately to undermine the very fabric of the Constitution.

The American People need to put their foot down firmly and in no uncertain terms tell Government that the only way to amend the provisions of the Constitution is through the methods specified in the Constitution. No law passed by Congress can modify the terms of the Constitution with "Except When" provisions, such as you have the right to keep and bear arms except when they have a magazine that holds more than 10 rounds. The Government cannot modify the Constitution with "Except When" conditions such as you have right to be secure in your persons, houses, papers, and effects, against unreasonable searches and seizures unless a warrant has been issued based on probable cause except when we want the NSA to monitor ALL communications for possible criminal or terrorist activity. The People must demand that our Government operate within the boundaries of the Constitution....and there is no "Except When" unless it is specifically written in the Constitution in its original provisions or contained in amendments properly ratified by The People.

Stand strong, Patriots!  No Compromise, No Surrender! 
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf











Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - See more at: http://constitution.findlaw.com/amendment1/amendment.html#sthash.teFiAli6.dpuf

Monday, February 3, 2014

Lazy Citizenship is Destroying America

Too often in today's America, citizenship is taken for granted and our country is on "cruise control". A majority of Americans have acquiesced to letting someone else exercise their God-given rights for them while they do what is easiest. This approach has brought us a Congress, Presidency, and even a Judiciary that not only no longer honor and uphold the Constitution as written and intended by our Founders, but also has brought us a Government that flaunts in our faces its "I'm not answerable to you!" attitude in its daily operations and abuses. It seems the majority of citizens agree with this, because they will not get off their fat posteriors and grab Government by the neck to shake it back into compliance.

Freedom was paid for in blood by our forefathers. Some still fight for that freedom, but it is woefully few. Less than one percent of our population at one time serves in the Armed Forces of the United States.  These valiant men and women still know what it is to be the Minutemen of Liberty. They sign a check to this nation for a price of "My life on demand" so that the rest of the 300 plus million citizens can sit back and enjoy the vanishing freedom our service members' blood has bought. Our oh so grateful nation has, in turn, allowed that precious freedom be squandered as Government has daily become more oppressive, taken and abused our rights, ignored the Constitution and duly passed laws, and spent our hard earned money like it came from a bottomless pit.

The path charted by this Government off the leash of a watchful citizenry has brought us to the brink of economic destruction. Indeed, we have been taken so far into debt that our currency is nothing more than a promise of the citizens' slavery to Government excess. Your childrens' childrens' children are now responsible for a debt run up by a Government that sees no harm in raising the National Debt every chance it gets. There has been no sincere effort to pay off the National Debt in nearly seventy-five or more years. Our currency is no longer based on a Government holding of precious metals in a vault at Fort Knox.  That gold is gone.  There is no basis for repayment of the amount listed on printed Government currency other than the future productivity of its citizenry as represented by the Gross Domestic Product (GDP).  That means each dollar bill is an I owe you for the labor of a citizen.  Even more unfortunately, the number and percentage of able American citizens that work is shrinking daily. Half of America is on the Government dole, all backed by a debt of promise of the labor of that citizenry. Until those citizens wake up and recognize that THEY, not the Government, are in charge, the chains of slavery grow tighter on our necks each hour.

America, your wake up alarm is sounding. If a majority of responsible citizens do not stand up and in a united voice tell our Government "STOP!", we are doomed to be slaves to a corrupt few we have mistakenly voted to represent us. Citizenship is a personal responsibility, just as your rights are God-given (not Government granted) individual rights. Exercise and use your power and rights or you will most certainly lose them completely. We cannot afford to wait until tomorrow to do something.

Stand strong, Patriots!  No Compromise, No Surrender! 




Wednesday, December 18, 2013

Where There Is No "Representation"

Today we will see the Senate vote on a two year budget deal that continues down the "spend like there is no tomorrow" path we have seen for the past five years. Our National Debt has gone from $10.2 Trillion to $17.2 Trillion in those five years - an increase of 70 percent. Five years out of our more than 220 years of existence has given us 70 percent more debt! Congress has failed at every turn to stop this headlong rush into fiscal insolvency by heaping more debt on generations yet unborn. To add insult to injury, this current budget deal will cut pension benefits to those who put their lives on the line for this nation, our military retirees. Notice there is no talk of cutting pensions or benefits for the people who put us in this bind (the U.S. Congress)? In fact, we see acts of "magnificence" (beneficence) where Congress gives millionaire widows of Congressmen huge grants of U.S. taxpayer money (what would have been salary for these pompous buffoons). That money didn't come out of their pockets as a donation. No, it came out of the pockets of taxpaying citizens, and that pool is shrinking rapidly every month because of our horrid economy. Congress tries to fool us by talking about Billions in savings over tens of years - paltry hundredths of a percent of the money they spend annually! Then they spend (and BORROW) at least a Trillion more annually than they take in. Can you understand this insanity?

The interests of The People are no longer paramount in the eyes of our elected "representatives". It seems they are more interested in lining their own pockets while destroying the fiscal solvency of our nation and making the common citizen ever more in debt. Unfortunately, it appears this nation is growing ever closer to the time when citizens, if they have the moral outrage over the injustices of our current system, may have to rise up and overthrow this government. This was how this nation was born. Lack of honest representation, focusing on the best interests of the citizens, created a nation of The People and by The People. That nation has been mutated into a nation of the Politician, for the Politician, and seemingly totally unanswerable to The People. Without drastic and rapid change back to our roots, the United States will go the way of Rome and fall to corruption and in flames.

Stand strong, Patriots!  No Compromise, No Surrender!