by Howard Phillips Constitution Party Founder & Three
Time Presidential Candidate
“The issue today is the same as it has been throughout all
history. Shall man be allowed to govern himself, or be ruled by a
small elite?”
Thus wrote former President Thomas Jefferson in a letter to
former President John Adams in 1813.
The elites operate in many venues, including those orchestrated
by the Council on Foreign Relations (CFR) and similar entities which
relentlessly conspire against America’s unique status as an
independent Constitutional republic.
The elites of this era have succeeded on many fronts, creating
unaccountable globalist bureaucracies to override or circumvent
properly constituted instruments of our Federal Republic.
These include (a) the United Nations, (b) the World Bank, (c)
the International Monetary Fund, (d) the European Bank for
Reconstruction and Development, (e) the Asian Development Bank, (f)
the African Development Bank, (g) the Inter-American Development
Bank, (h) NAFTA, and (i) the World Trade Organization.
The latest and most insidious scheme of these elites and their
allies involves their attempt to create a so-called Security and
Prosperity Partnership (SPP) morphing into a North American Union
(NAU) in which these United States would be made subordinate, in a
merger with Canada and Mexico.
Together, we must work with determination and perseverance to
expose, challenge, and defeat the dangerous, elitist plan for a
North American Union (NAU).
Thomas Jefferson drafted our Declaration of Independence, which
asserted principles completely foreign to those which are at the
core of this globalist perfidy.
The Declaration asserted that “all Men are created equal, that
they are endowed by their Creator with certain unalienable
Rights…That to secure these Rights, Governments are instituted among
Men, deriving their just Powers from the Consent of the Governed”.
Civil government must, by our consent, be accountable to us, so
that we can be accountable to our Creator.
This is the antithesis of the corrupt principles on which the
New World Order elites premise their agenda.
They reject the fact that our rights are a gift from God and
that they cannot properly be alienated by politicians, judges, or
bureaucrats.
Our elite adversaries reject the notion that governments derive
their just powers from the consent of the governed, asserting rather
that the governed are the servants of the governors.
The very first sentence in the U.S. Constitution, following the
Preamble, in Article I, Section One, states that “All legislative
Powers herein granted shall be vested in a Congress of the United
States which shall consist of a Senate and House of
Representatives”.
Every word of this sentence has meaning – – – “All legislative
Powers herein granted shall be vested in a Congress of the United
States”.
No other element of our Federal Republic than Congress may
Constitutionally exercise legislative powers – – – not Federally
funded non-profit corporations, not regulatory agencies, not judges,
not the Federal Reserve, not the civil service, not any
international bureaucracy, and not any Presidential Executive Order
which is not legislatively authorized.
None of these usurpations is properly accountable to the states
and the people through the Congress, as Article I, Section One
requires.
The words “herein granted” are very important, because even the
Congress, the principal branch of the Federal government, can
properly exercise only those powers which are granted – – – and
those powers which are vested, a term which makes clear that such
vested powers cannot rightly be surrendered, subordinated, or
transferred.
Article I, Section Eight of the Constitution stipulates that
“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”.
Listen carefully: power “to pay the Debts and provide for the
common Defense and general Welfare of the United States”.
Except for these purposes specified in Article I, Section
Eight, Congress has no rightful authority to collect taxes, duties,
imposts, or excises.
Article I, Section Eight says “Congress shall have Power…to
regulate Commerce with foreign Nations”, but Congress has
surrendered this power and this responsibility to such international
entities as NAFTA and the World Trade Organization.
Even as we gather here, President Bush is mounting another push
for so-called “fast track” authority to once again strip Congress of
its authority to craft trade policies.
Article I, Section Eight authorizes Congress “To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures”.
Congress, at the outset, regulated the value of money. 371 ¼
grains of silver is, by statute, the content of a dollar.
Constitutional money is by weight, whether minted domestically or
provided via foreign coin. That’s why Article I, Section Eight, in
the same clause, gives Congress the power to fix the standard of
weights and measures.
The Spanish coin, “Pieces of Eight”, functioned as a dollar for
much of our history. Two bits was a quarter dollar. Four bits was
half a dollar. The Spanish dollar was divisible into eight bits.
Article I, Section Eight gives Congress the power “To
constitute Tribunals inferior to the supreme Court”. That which
Congress establishes, it may also disestablish. All Federal courts
below the Supreme Court exist only at the sufferance of Congress.
Congress, not the President, has power “To provide for calling
forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions”.
Similarly, Article I, Section Eight gives Congress power “To
provide for organizing, arming, and disciplining, the Militia, and
for governing such Part of them as may be employed in the Service of
the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress”.
Today, some Republicans and most Democrats in Congress want to
disregard the provision in Article I, Section Eight which gives
Congress power “To exercise exclusive Legislation in all Cases
whatsoever, over such District…as may…become the Seat of the
Government of the United States”.
Now, the Nancy Pelosis and the Tom Davises of the world want to
treat D.C. as if it were a state, with rights of representation in
the U.S. House of Representatives equal to those exercised by each
of the several states.
Article I, Section Eight also gives Congress the responsibility
to “exercise like Authority over all Places purchased by the Consent
of the Legislature of the State in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals, dock-Yards and other needful
Buildings”.
Yes, it is possible for Congress to authorize the establishment
and maintenance of defense facilities within the boundaries of the
United States, but there is no Federal authority for parks,
monuments, or other uses of lands which are legitimately within the
purview of the several states.
The three branches of the Federal government are separate, but
not equal. Our Article I Legislative branch is superior to our
Article II Executive branch, and to our Article III Judicial branch.
According to Article II, the President “shall have Power, by
and with the Advice and Consent of the Senate, to make Treaties,
provided two-thirds of the Senators present concur”.
Article VI says “The Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in
every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding”.
Some people argue that Article VI of the Constitution should be
interpreted to mean that ratified treaties, when in conflict with
the Constitution, take precedence.
Does it make sense that a treaty once ratified, supersedes
conflicting provisions of the Constitution?
That is an absurd notion. Our founding fathers were not stupid.
They established difficult procedures to amend the Constitution,
including, as one procedure, a requirement that two-thirds of both
houses of Congress may propose amendments and that such amendments
are to take effect only upon ratification by the legislatures of
three-fourths of the several states.
Did the framers intend that the Constitution could be amended
in consequence of a treaty signed by the President and ratified by
two-thirds of the U.S. Senate, with no participation by the House
and no required ratification by three-fourths of the several states?
Of course not. Yet there are those today who argue that treaties
supersede the Constitution.
Article III, Section One makes clear that “The judicial Power
of the United States, shall be vested in one supreme Court, and in
such inferior Courts as the Congress may from time to time ordain
and establish”.
Over the years, the size of the Supreme Court has varied, as
may be directed by statute and, as previously indicated, inferior
courts ordained and established by the Congress may be unordained
and disestablished.
“The Judges, both of the Supreme and inferior Courts, shall
hold their Offices during good Behavior”, Article III stipulates.
There are Constitutional scholars who believe, as do I, that
“good behavior” is properly defined as fidelity to the Constitution,
and, moreover, that, if a judge is unfaithful to the Constitution,
he can be removed by the solitary act of the President or by a
majority vote of both house of Congress.
Impeachment is not required as a punishment for Constitutional
infidelity by a judge.
Of great significance, with respect to the so-called high
court, Article III says “the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make”.
We don’t need a Constitutional amendment to prohibit abortion,
to ban sodomy, to protect private property, or to reject quotas.
Congress has the authority and, in my view, the duty to
withhold jurisdiction from the Supreme Court in matters such as
these.
Article IV, Section Four says “The United States shall
guarantee to every State in this Union a Republican Form of
Government, and shall protect each of them against Invasion”.
Why has Congress not acted decisively to end the invasion of
its constituent states by illegal aliens? It is long past time for
Congress and the President to act.
It also needs to be emphasized that the Constitution of the
United States is a Christian document.
This is made clear by its recognition of the Sabbath as a day
which does not count against the deadlines imposed on the President
to exercise his veto authority.
Article I, Section Seven deals with vetoes. It says “If any
Bill shall not be returned by the President within ten Days (Sunday
excepted) after it shall have been presented to him, the Same shall
be a Law, in like Manner as if he had signed it, unless the Congress
by their Adjournment prevent its Return, in which Case it shall not
be a Law”.
Similarly, Article VII concludes with this language: “done in
Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand
seven hundred and Eighty-seven and of the Independence of the United
States of America the Twelfth”.
In yet another glaring example of a disregard of the
Constitution, even some of the most crucial elements of our Bill of
Rights have been set aside by our Congresses, our Presidents, and
our courts.
Amendment I says “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”.
Those who would remove the Ten Commandments from public places
are acting in violation of the protections asserted in the First
Amendment.
Those who support restrictions on political participation, such
as those incorporated in the Federal Election Law Amendments of 1974
and the McCain-Feingold Act are, by their acts of omission and
commission, putting their political prejudices above our Bill of
Rights guarantees.
Any and all gun control laws passed by Congress violate the
Second Amendment, which makes clear that “the right of the people to
keep and bear arms, shall not be infringed”.
The Patriot Act violates the Fourth Amendment, which says “The
right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not
be violated”.
The Tenth Amendment, which punctuates the first ten amendments
constituting the Bill of Rights, says “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”.
The Tenth Amendment is violated almost every day that Congress
is in session.
The Fourteenth Amendment, which was not properly ratified, and
which has improperly been treated as part of the Constitution, says
“All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and
of the state wherein they reside”.
This has been interpreted to confer birthright citizenship, and
also to make one a citizen of his home state, secondarily, in a
manner subordinate to and apart from his citizenship in the United
States.
I could spend the whole day talking about the Sixteenth
Amendment, its fraudulent ratification, and its comprehensive
misinterpretation.
Let me simply say: we need to set aside the Sixteenth
Amendment, abolish the IRS, and eliminate the income tax.
I am confident that every one here would agree with me that
1913 was a very bad year for our Constitutional Republic: the
establishment of the Federal Reserve, which taxes us by inflating
the money supply and diminishing the value of our earnings and our
savings – – – the attachment to the Constitution of the Sixteenth
Amendment – – – and ratification of the Seventeen Amendment, which
causes our U.S. Senators to be chosen, not by the legislatures of
the states, but by so-called popular vote, a fact which has greatly
enhanced the power of Big Media and Big Money.
Because of the Seventeenth Amendment, we have a situation in
which a significant plurality of the members of the U.S. Senate are
either millionaires themselves or deeply burdened by obligations to
millionaires in the media, to multi-national corporations, and to
other elements of concentrated financial power – – – instead of to
the states and the citizens to whom they ought be accountable.
Since the creation of the Fed in 1913, the purchasing power of
the dollar has declined to the point where in the Year 2001 it was
worth merely 4 cents, compared to the 1913 dollar.
Thus far, I have shared with you a great deal of bad news. I
need to seek your pardon for this because, as members of the
Constitution Party, you are used to hearing and understanding the
bad news, even as, you are well aware of what our founding fathers
had in mind and what the real history of the United States was, even
though that history is currently ignored and obfuscated in the
government schools, which are unconstitutionally funded by the
Federal government.
Today, under budgets proposed by President Bush and approved by
the Congress, more than $3 trillion per year are being expended from
the Federal treasury, all but about $600 billion for activities
which are unconstitutionally beyond the delegated, enumerated
functions which the Constitution authorizes.
This compares with outlays of $1.9 trillion in 2001, the first
year of the Bush Administration.
The good news is that all of this can be turned around if we
can get a President and a strong minority in Congress to offer a
Grand Bargain to the American people which, in summary, would end
all obligations to pay income taxes to the Federal government – – –
in return for the election of members of the U.S. House and Senate
who pledge to oppose unconstitutional expenditures, even to the
point of sustaining any and all vetoes of such improper
expenditures.
Here is one way in which such a Grand Bargain could be brought
about: a Constitutionally committed President could be elected in
2008 on the basis of a platform setting forth just such a Grand
Bargain as I have described: a tradeoff between abolition of
individual tax obligations and abolition of unconstitutional
expenditures.
Upon taking office, on January 20, 2009, this President would
propose a Constitutional budget of about $600 billion, primarily for
national defense.
Commitments under the Social Security and Medicare programs
would be honored in the context of a buyout subsidized by the
Federal government’s sale to the states, or to the private sector of
lands and properties which it now unconstitu-tionally owns,
operates, occupies, or oversees.
Most likely, the Congress elected in 2008 would have spending
ideas different from those of a Constitutionally committed President
and would, in all likelihood, override in 2009 his vetoes of the
unconstitutional outlays.
It would then be up to the President to go to the American
people and say that, in 2010, he would support only candidates for
the U.S. House and the U.S. Senate who publicly commit themselves to
sustain any and all of his vetoes of unconstitutional expenditures.
I will support such candidates, would say the President,
regardless of their party label. If you, the people, join with me in
supporting such candidates and they honor their pledges to sustain
my vetoes, it will become financially possible to liberate you from
the payment of income taxes.
In order to have his vetoes sustained in the 112th Congress
coming to power in 2011, it would not be necessary to have
two-thirds of those elected to support his vetoes or even a majority
of those elected in 2010.
One-third plus one of the members in one house, either 146
members of the House of Representatives or 34 members of the Senate,
should they vote to sustain his vetoes, would be enough to cut off
all of the expenditures which that Constitutionally committed
President deemed to be unconstitutional.
As part of this Grand Bargain with the American people,
Congress would be required to abolish the IRS code, and eliminate
all purported obligations for payment of income taxes.
If Congress failed to act, the President could then, as Chief
Executive, withhold funding for the IRS and terminate tax
collections.
In cases where the President’s vetoes were not sustained, he
could then use the power of impoundment, a power exercised by nearly
every President, beginning with George Washington, until the days of
Richard Nixon.
In this manner, the Federal government would no longer fund
Planned Parenthood or Gay Men’s Health Crisis, or the Public
Broadcasting System, or the National Endowment for the Arts, or the
Department of Education, or foreign aid, or the United Nations, or
any other unconstitutional appropriation, program, or entity.
There is more I could say about the termination of the Federal
government’s role in welfare and other so-called entitlement
programs, but my time is limited.
Let me conclude by emphasizing that the two key principles
which undergird our American Republic are the principles of
sovereignty and accountability: the sovereignty of God and the
ability of you and me and every one of our fellow citizens to hold
the Federal government accountable to us and to the states in which
we reside.
It is in fulfillment of these core principles that you and our
colleagues in the Constitution Party have been working since 1992,
and for which I also have been working through The Conservative
Caucus and other related venues.
Constitutional conservatives must stop contenting ourselves
with the idea that our task is to lose as slowly as possible.
The only battles we lose are the ones which we fail to fight.
Let us have a vision of victory – – – let us strive tirelessly to
make that vision a reality, and, by God’s grace, may we be
privileged to play the decisive part in achieving the restoration of
these United States of America as an independent Constitutional
republic.
Let us pray that God will choose to use us, and that you and
each of us will be blessed for our faithful participation in His
cause.
May God guide our steps and continue to bless our beloved
country – – – as our remnant takes the lead in rejecting the
anti-Christian culture which is a stench in God’s nostrils.
As George Washington said, at a critical moment during the
Philadelphia Convention which birthed our Constitution:
“If, to please the people, we offer what we ourselves
disbelieve, how may we then afterward defend our work?
“Let us raise a standard to which the wise and honest may
repair – – – recognizing that the event is in the hands of God.”
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