Written and Proposed by Diane Rufino


This is a resolution to propose that Article I, Section 4 be removed from the NC state constitution, in part to acknowledge that the federal government unconstitutionally required the provision and in part to reassert state sovereignty

Whereas, Article I, Section 4 of the NC state constitution reads:  “Sec. 4.  Secession prohibited. This State shall ever remain a member of the American Union; the people thereof are part of the American nation; there is no right on the part of this State to secede; and all attempts, from whatever source or upon whatever pretext, to dissolve this Union or to sever this Nation, shall be resisted with the whole power of the State.”;

Whereas, in 1865, under orders from President Abraham Lincoln, North Carolina’s provisional governor, William W. Holden, called a convention to write a new constitution for the state and to submit it to the US Congress for approval as one of the preconditions for re-admission into the Union. Two requirements for re-admission were the ratification of the 13th amendment (to reject slavery) and a provision in the state constitution rejecting the right of secession;

Whereas, North Carolina was put in a seriously compromising position whereby she had no representation in the US Congress but would continue to be governed by its laws and policies.  Re-admission would allow representation;

Whereas, in order to be admitted back into the Union, the provision “secession prohibited” was included in the state constitution,

Whereas, the provision was added against the will of the people (the new constitution was rejected in a popular vote) and hence undemocratic;

Whereas, the US promises a republican form of government in every state (one of the very reasons Lincoln felt justified in waging the Civil War);

Whereas, the provision was added under coercion (and amounts to a “forced confession”);

Whereas, the provision is a badge of shame; it attaches a stigma to the state and the people of North Carolina as a result of being defeated and plundered by the North in the Civil War;

Whereas, the provision continues to punish North Carolina for daring to side with her neighbors in 1861 rather than invade and wage war against them.  [After seven states had already seceded, Secretary of War, Edwin Stanton, sent a telegram to NC Gov. Ellis telling him that North Carolina would be expected to furnish two regiments to make war on the seceded States. The governor closed his refusal with these words: “I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina.”];

Whereas, North Carolina had no intention of seceding UNTIL it became clear that she would be required to wage war against her sister southern states (the states she had more in common with), and hence was coerced into secession. [In 1861, after her neighbors had already taken action, NC sounded rejected a convention to vote on secession];

Whereas, while North Carolina voted against a convention and rejected secession, it never gave up its belief in two principles: first, that the Constitution is the supreme law of the land pursuant to the express delegations of power held therein, that those express delegations define the extent of its powers with each state holding reserve sovereign powers (tenth amendment), and that the Federal government could not force one State to fight another;

Whereas, after the Civil War was concluded, the US Constitution was never altered to redefine the relationship of the States to the federal government, and thus, the states continued to retain all its reserved rights of state sovereignty under the tenth amendment;

Whereas, the Preamble to the Bill of Rights continues to emphasize how important each of the rights and privileges expressed in the first ten amendments in the establishment of the Union, the design of government, and the harmony of our federation (united states).  [”The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution”];

Whereas, secession is an inherent right under a state’s sovereign powers, pursuant it its right of self-determination and self-preservation;

Whereas, secession is a fundamental right embodied in the Declaration of Independence [Under the Treaty of Paris, 1783, King George III acknowledged that the state of North Carolina, a sovereign state, had seceded from Great Britain];

Whereas, the right of secession being fundamental and inalienable, it can never limited by the federal government in any way, including by hiding behind the Constitution;

Whereas, the provision amounts to a forced denial of North Carolina’s fundamental right of sovereignty;

Whereas, the provision continues to punish the state for daring to remain loyal to founding principles of sovereignty;

Whereas, the provision acts as a badge of shame;

Whereas, the state of North Carolina, while recognizing all of the above as true, has no intention of abandoning its fellow states and leaving the Union.

Therefore, be it Resolved, that the People of the State of North Carolina demand that Article I, Section 4 be removed from the state constitution.

NC Flag

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

NULLIFICATION: The Power to Right Constitutional Wrongs

NULLIFICATION - John Greenleaf Whittier (Abolitionist and Nullifier)





by Diane Rufino, July 9, 2015

THOMAS JEFFERSON wondered how the country would respond in the case its government passed a law that was clearly unconstitutional. As Secretary of State under our first president, George Washington, he already witnessed the wheels of government try to enlarge provisions in the Constitution to give the administration unchecked powers to tax and spend. Washington would establish the first National Bank. Jefferson knew the trend would continue. And it did.  Our second president, John Adams, signed the Alien & Sedition Acts into law, which were laws addressing the Quasi War (undeclared) with France at the time. The French Revolution just killed off the monarch and his family and tensions flared up between the new French republic and its old rival, England. There was an influx of French immigrants and Americans were split in their support of the old French system or the new republic. Although the Alien Acts (3 of them) were offensive, it was the Sedition Act that was most glaringly so. The Sedition Act made it a crime (fines and jail sentences) should any person “write, print, utter, or publish, OR cause or procure to be written, printed, uttered, or published, OR assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either House of the Congress of the United States, or the President of the United States….”   The Constitutional red flags went up at once.  The immediate violations jumped out to men like Jefferson and Madison, and many others. While the Alien Acts violated the 10th Amendment and the Due Process clause of the 5th Amendment, the Sedition Act was a blatant violation of the 1st Amendment and its guarantee of Free Speech (most importantly, political speech!)  John Adams, a Federalist, saw nothing wrong with any of the laws.  Neither did his Federalist co-members of government or his Federalist judges.  Thomas Jefferson, the Vice President at the time (since he got the second highest votes in the election of 1796) wasn’t a Federalist. He was a Republican-Democrat (a party he founded).  [Notice that the Sedition Act protected everyone from slander EXCEPT the VP !!].  The Checks and Balances didn’t work. Political power was more important than the rights the government was created to protect!

And so, convictions quickly followed. Journalists, publishers, and even congressmen were fined and jailed. Not a single person targeted was a Federalist. The only ones targeted were Republicans.  The men who wrote our founding documents – Jefferson and Madison – began a series of correspondences to discuss what should be done to prevent such unconstitutional laws from being enforced on people who had a rightful expectation of exercising the liberties promised in the Declaration and in the Bill of Rights. (And of course they had to be very careful lest they be convicted under the law!)  Jefferson saw that there are 3 possible remedies when a government tries to enforce unconstitutional laws..  (1) Seek an opinion from the Judiciary;  (2) Secession; or  (3) Nullification.  Jefferson advised against the first two remedies.  He said the first was unpredictable and unreliable. He believed justices were men motivated by the same passions, political motivations, thirst for power and legacy, and opinions as politicians and could not be counted on to be impartial interpreters of the Constitution. He also realized that the judiciary was only one branch of government (the least powerful at the time), and although it would render an opinion, Congress and the President were not required to abide by its ruling. Furthermore, the courts were all Federalists at the time and were part of the problem!.  Jefferson said secession was certainly a legitimate option (after all, the Declaration itself was a secessionist document), but said it was far too extreme and every effort should be made to keep the union together in a workable fashion.  The third option, he said, was “the rightful remedy.”  Nullification, he said, was the remedy inherent in the states’ ratification of the Constitution, inherent in the doctrine of federalism, a remedy grounded in law itself, and the remedy that would allow hot tempers to cool and would prevent states from threatening to leave the Union.  Madison agreed.

Nullification is the doctrine which states that any law that is made without proper legal authority is immediately null and void and therefore unenforceable. Laws have to be enforced by officials – federal and state. When the government passes a law pursuant to its powers, it is supreme and binding. Every level of enforcement recognizes the law. States are obligated to uphold it and help enforce it.  An example are the federal immigration laws.  When the government passes a law that it has no authority to make – such as the Sedition Act, which offends the 1st Amendment which is a strict prohibition on the government with respect to individual speech (political speech) – then in terms of legality, the law is null and void.  For a government to try to enforce it would be an act of tyranny. (Tyranny is defined as a government that abuses its powers and enforces unpopular laws).  Since the law is null and void, no enforcement agency should force the law on the people. Government will never admit its law is unconstitutional or unenforceable and so it is up to the states and the communities (and their enforcement agencies) to prevent such law from being enforced.  The states are the rightful parties to stand up for the people against a tyrannical act of government. When the government assumes power to legislate that it was not granted in the Constitution, it usurps (or steals it) from its rightful depository, which are either the States or the People (see the 10th and the 9th Amendments).  Every party must always jealously guard its sphere of government; it’s bundle of rights.  States have their powers of government and people have their rights of self-government (ie, control over their own lives, thoughts, actions, and property). Again, if we look at the Sedition Act, the government under John Adams passed the law by attempting to steal the rights of free speech from the People.

Well, immediately, Jefferson and Madison got out their pens and drafted the Kentucky Resolutions of 1798 and of 1799 (Jefferson, for the Kentucky state legislature) and the Virginia Resolutions of 1798 (Madison, for the Virginia state legislature).  Both states passed them, declaring that the Alien and Sedition Acts were unconstitutional and therefore unenforceable in their states.  The Virginia Resolutions were especially forceful because they announced that the state of Virginia would take every step possible to prevent the enforcement of the laws on its people.

In the Kentucky Resolutions of 1798, Jefferson wrote:

  1. Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

In the Kentucky Resolutions of 1799, he wrote:

RESOLVED, That this commonwealth considers the federal union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeable to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy……

In the Virginia Resolutions of 1798, James Madison wrote:

RESOLVED……. That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

The government hates the doctrine of Nullification and has used every opportunity to discredit it.  And it makes sense.  And doctrine that gives power to the States is offensive to the federal government. It makes them harder to control. We all know how angry the government gets when any state criticizes or attempts to frustrate the government’s laws, policies, and agenda.  Nullification, like secession, is a fundamental sovereign power reserved to each state. Since the states did not form the Union by unlimited submission to the common government they created, certain powers remain vested in them.  Despite what Lincoln and Obama may claim, the states did NOT create, or attempt to create, or even envision creating a “perpetual” Union by ratifying the Constitution.  Those words are merely wishful thinking by despots and revisionists.

NULLIFICATION - When Injustice Becomes Law, Nullification Becomes a Duty

The biggest tool the government has in its arsenal to shut down the discussion of Nullification is RACISM.  According to the government’s position – as evidenced in texts, government spokespersons, liberal pundits, college professors – Nullification is a racist doctrine that was used to help the states resist integration following Brown v. Board of Education (1953). For years, the southern states were demonized and punished by the northern states for the Civil War (War of Northern Aggression) and because the North was forcibly and quickly transforming their society, there were actions that would clearly be classified as “reactive” and “lashing out.” The North, as the victors of the war, had the benefit of writing history and telling the “official” story.  Nullification was used once in the south after the Brown decision. It was used by the governor and state legislature of Arkansas to prevent integration of the schools in the state (they amended the state constitution). They believed the decision was arbitrary and unconstitutional and believed the court had no power to enforce it. After all, approximately 1/5 of the entire membership of Congress signed a statement in 1956 pretty much declaring the same thing. They also feared what would happen given the level of hostility in the state. But Little Rock continued to move forward with its plan for desegregation. Eventually, in 1958, the Little Rock School Board filed suit asking for a court order allowing them to delay desegregation. They alleged that public hostility to desegregation and opposition created by the governor and the state legislature created an intolerable and chaotic situation. The relief the plaintiffs requested was for the African-American children to be returned to segregated schools and for the implementation of the desegregation plan to be postponed for two and a half years. The case went to the Supreme Court, which declared that no state had the right to ignore any of its decisions. Citing Chief Justice John Marshall in Marbury v. Madison, the Court emphasized that its decisions are binding on all the states and that to ignore them is to “wage war on the Constitution.” In other words, opponents of nullification assert that this case stands for the premise that states cannot nullify federal laws.

Racism invites passion. It questions motives, clouds judgment, obscures facts, and shuts down debate. Racism assumes that no party has any grievance or concern more important than that of the African-American. It assumes there is no part of history more important than slavery, abolition, and Jim Crow.  Racism never dies, according to the government.  Racism never dies, according to the irresponsible media.  Perhaps it is no coincidence that our current government is fanning the flames once again in history of racism and making sure we are once again defined as a racist nation. In this time when Nullification should be the topic everyone wants to re-address, the countering argument will always be: “Look, they’re trying to go back to the days of segregation.”

And so, I wanted to write this to emphasize the REAL story of Nullification..  and the REAL success of Nullification.  It wasn’t in light of the Alien & Sedition Acts. It wasn’t the publication of the Kentucky and Virginia Resolutions (because, let’s be honest, most of the other states were too timid to adopt similar resolutions and so the states, in the end, didn’t stand up to the government as Jefferson and Madison had hoped. There were probably 2 reasons for this: (1) The Acts were set to expire at the end of Adams’ term, which was only 2 years away so why get their panties in a wad; and  (2) the Union was extremely fragile at this point  – rebellions all over the place over the government’s authority to tax and collect – and the states didn’t want to exacerbate the situation.  The real success story of Nullification was in the rejection of the Constitution’s Fugitive Slave Laws.

Yes, the American flag, believe it or not, was the official flag of a slave nation for 77 years (1788 – 1865).  Slavery was protected in the United States by the Constitution for those years. Although slave importation had been abolished by the time the Constitution was ratified and the Union was created, the institution itself was still constitutional. Not only was it constitutional, but slaves, as property, were required (by the Constitution) to be returned to their owner. State agents, courts, and instrumentalities were required to enforce these federal laws.  But abolitionists in the North, like Rosa Parks herself sitting on a seat in a public bus, knew that the laws were revolting and fundamentally wrong.  Through civil acts of disobedience, like Ms. Parks refusing to give up her seat, those in states of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, either outright enacted laws which nullified Fugitive Slave Laws or they acted to frustrate or otherwise render useless any attempt to enforce them. Nullification was a very successful way for escaped slaves to finally realize freedom in the North. It’s pretty hard to claim Nullification is racist, like its opponents do, when it served such a public good (while the US Constitution protected something so evil).   The following video does an amazing job to educate people on the history of Nullification and to explain its power to right wrong.  (from the Tenth Amendment Center)

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment


Jesus - has risen (Luke)

by Diane Rufino

The crucifixion of Jesus and His resurrection are personal.  Every Easter we are reminded of His love for us and his intention that the bonds between us and God need not necessarily be severed because of our inability to remain sinless in a wickedly sinful world.  I may not have the greatest grasp of the religion I follow, but I firmly believe that God’s intentions for us are not defined by Man or the ambitions of religious leaders, but rather, by the events that we celebrate at Easter time. The series of events began with Palm Sunday (when Jesus entered Jerusalem proclaiming himself to be the messiah), to Holy Thursday (preparing for the new church with the Last Supper), to Good Friday (his mortal death), and finally to Easter Sunday (the Resurrection).  He died to make religion a personal relationship with God.  Although it was the Jewish leaders at the time who pushed for and instigated for his trial and sentence, it was for the benefit of sinners that Jesus ultimately committed to the path which would lead to his death on the cross.  Matthew 20: 28 reminds us: “Just as the Son of Man did not come to be served, but to serve, and to give His life a ransom for many.”

Ransom is defined as the practice of offering something of value for the release of someone held prisoner.  It was once understood that our sins condemned us and prevented us from an eternal relationship with God.  We were prisoners on account of our sinful nature.  And then Jesus offered himself as a ransom for us. He offered his perfect being to renegotiate our relationship with God.  The ransom – the gift of his teachings and then the tragedy of his torturous death – was offered in fulfillment of scripture.  The resurrection was the acceptance by God of that ransom.  The covenant was made.  It was made for our benefit.  It was made for you and for me, and not because we belong to a specific church or not.  It was made without precondition and without a church even formed.

Offers and acceptances are made every day, to secure promises and make them ironclad.  Perhaps it is the lawyer in me that sees the promise in the events of Easter.  Jesus offered himself for the sins of man. And God accepted that offer. Although he was the Son of God, he still retained his free will to the end.  He prayed and reflected on what he should do, and we know what he hoped wouldn’t be asked of him. In the end, he willingly accepted his fate. On Easter Sunday, when Jesus was raised from the dead, the covenant was complete.  “The blood of the new and everlasting Covenant.”  It had to be something audacious to demonstrate the divine hand of God.

When we think of Easter, we instinctively recall that God sacrificed his only Son for our sins.  In thinking of Easter in these terms, I am reminded of the account in the Bible when God asked Abraham to sacrifice his only son.

God commanded Abraham to sacrifice his son, his only son Isaac, the only child of his beloved wife Sarah, the son promised to him by God.  As a show of his unwavering faith, he took his son to the region of Moriah, built an altar and arranged the wood on it.  He then bound his son Isaac and laid him on the altar, on top of the wood. As he reached out his hand and took the knife to slay his son, an angel of the LORD called out to him from heaven, and instructed him to stop.

The point was for Abraham to demonstrate that he trusted God completely.  God was testing his faith, his loyalty, and perhaps his love.  He refused to allow Abraham to carry through with the act because He doesn’t believe we should be tested by pitting our love for one another, especially our children, against our love for Him.

And yet, that is exactly what God did for us at Calgary (aka, Golgotha).  He sacrificed his Son, born of flesh and blood, and without sin, for us sinners.

Jesus endured hours of unspeakable brutality at the hands of the Romans.  And then, he suffered unimaginable agony on the cross for almost six hours, hanging against a wooden cross with large nails through his flesh with the weight of his body burdening his respiration.  By 3:00 in the afternoon, Jesus knew that the hour was finally at hand, and in fulfillment of the scriptures, he said, “I’m thirsty.”  A jar of sour wine was sitting there, so a sponge was soaked in it and held up to his lips. When he had tasted it, he said, “It is finished,” and bowed his head and dismissed his spirit.

How could we sinners be worthy of such a perfect sacrifice?  Just as the sacrifice was proof of Abraham’s faith and loyalty, Jesus’ death was likewise a sacrifice.  It is proof of God’s eternal love for us and his sincere promise to share eternal blessings with us who believe.  He wants to share His kingdom of Heaven with us, even when we are not all that we can – should – be.

Easter reminds us of God’s relentless desire for our heart and soul.  He sent His only son to suffer and die to make that clear to us.  The cross reminds us of that unconditional love….. the compact; the Covenant; the promise.  Again, that act was personal.

There should be no greater reason to live life to the fullest and with the greatest intentions than because of the selfless act – the sacrifice – at Calgary.  Yes, sometimes life is tough and there are seemingly insurmountable obstacles to happiness and self-worth, but when those doubts creep in, we should remember what Jesus went through to show how much he believes each of us are worth and how costly that price was.

Posted in Uncategorized | Tagged | Leave a comment

Comparing Obama’s Amnesty Plan to the Emancipation Proclamation

AMNESTY  by Diane Rufino, November 22, 2014

According to Democratic House Minority Leader Nancy Pelosi, President Obama’s plan to excuse the illegal action of millions of immigrants not unlike Abraham Lincoln’s effort to free slaves.  At first I thought it was a joke.  And then I remembered two things: Nancy Pelosi is an idiot and has no sense of humor.

In a press conference on November 20, Nancy Pelosi said: “Does the public know that the Emancipation Proclamation was an executive order?  People have to understand how presidents have made change in our country.”   She continued: “Remember, President Lincoln said, ‘public sentiment is everything… I wish the Republicans would at least give the public a chance to listen to what the president is trying to do.”

Listening to the people is exactly what the President should do….   Maybe he already forgot, but the election this month can be seen as a complete rejection of his policies. Republicans just won complete control of both the House and Senate for the session that will begin in January.  Voters turned out to do what they see as an urgency…. to turn out government leaders who are willing to support the President in his agenda on immigration, healthcare, and more.  The urgency in this election was not to grant amnesty to “fix the immigration problem” but to PREVENT the President from doing so.

Perhaps Nancy Pelosi looked to President Lincoln for a new Democratic talking point because, after all, Lincoln was a tyrant and consolidated executive power to act extraordinarily in extraordinary circumstances. But I question whether our current broken immigration situation amounts to an “extraordinary circumstance.” The only reason we have this current immigration problem is because the government has refused to enforce immigration laws, an express enumerated power delegated to it.  The government can’t use a crisis of its own making as a reason to invoke unconstitutional powers.

Just because one president overstepped the law doesn’t mean another president should.  The people are entitled to a government that is restrained by its charter.  The American people are entitled to a government that operates within its boundaries so they can be comforted that government acts consistently, legally, and not in violation of their rights and interests.  Nancy Pelosi likes to think that Presidents can define issues as “crises” and thereby usurp power to address them. And then she believes that this type of conduct makes a President “great.”  That type of power grab made Adolph Hitler a monster.  That type of power grab made Abraham Lincoln a tyrant and gave rise to all-powerful government rather than a subordinate one. Luckily for the government, the party that wins a war has the luxury of writing the history books, providing the talking points, re-writing its reasons for the bloodshed, and demonizing the other side.  The admiration the country has for Abraham Lincoln has everything to do with the great debt the government owes to him and how his legacy has been defined.

So, what’s the real story behind the Executive Order?  Abraham Lincoln issued a preliminary Emancipation Proclamation on September 22, 1862. This date was chosen to coincide with the news of the battle at Antietam, near the village of Sharpsburg, Maryland. Antietam is infamously known as being the bloodiest single day of fighting in the Civil War. Although the battle is officially recognized as a stalemate, the North attempted to claim it as their victory. Hence, it would be a perfect time for Lincoln to tie a northern victory with the emancipation of slaves. The preliminary Emancipation Proclamation stipulated that if the Southern states did not cease their rebellion by January 1st, 1863, then the Proclamation would go into effect. According to Lincoln, if the slaves were being forced to aid the Confederate war machine, by working in the fields and hauling armaments and building fortifications, he would act in his capacity as commander-in-chief to liberate that labor. When the Confederacy did not yield, Lincoln issued the final Emancipation Proclamation on January 1, 1863. U.S. Navy General Order No. 4, issued on January 1, 1863 declared “that all persons held as slaves” within the rebellious states “are, and henceforward shall be free.”  It was issued as the nation approached its third year of bloody civil war and as the North continued to watch its defeat at the hands of the South.  With the Emancipation Proclamation of January 1863, Lincoln decided to go one step further.  He would not only to free the slaves outside of Union-controlled areas but also to enlist any black man as a soldier in the Union army.  Thus black men could be part of the movement to liberate those in bondage.

The Emancipation Proclamation broadened the goals of the Civil War. While slavery had been a major issue that instigated tensions between the North and the South, Lincoln’s only mission at the start of the war was to keep the Union together. The Proclamation made freeing the slaves an explicit goal of the Union war effort, and was a step toward abolishing slavery and conferring full citizenship upon ex-slaves.  But make no mistake, the measure was not inspired by any affection for the slave or any stirring ambition to see them free in white-dominated society.  It was a cold calculated initiative to undermine the South.  Although the Emancipation Proclamation did not end slavery in the nation, it captured the hearts and imagination of the slaves who were held as property in the South. It encouraged insurrection among the slaves against their white plantation owners (who, at the time, were mostly women and children). It eroded the loyalty and devotion of confederate soldiers because now their attention was torn between the war and between their families at home with this new threat from slaves who are encouraged to undermine the confederate war effort. Furthermore, the sooner the uprising could occur, and the greater the confederate effort could be undermined, the sooner the opportunity for local slaves to be liberated.  After January 1, 1863, every advance of federal troops would offer them immediate freedom. And again, the Proclamation announced the acceptance of black men into the Union Army and Navy, enabling the liberated to become liberators. [By the end of the war, almost 200,000 black soldiers and sailors had fought for the Union and freedom].

The Emancipation Proclamation was solely designed to energize the war effort because the North was still losing at that point, and losing badly. Far greater numbers of Northern soldiers were being killed in the many battles than Confederate soldiers.  But the Proclamation lacked any force of law with respect to actual emancipation.  First, it purported to free slaves in territory that no longer was under the jurisdiction of the United States government. The southern states had seceded from the Union and immediately formed the Confederate States of America, a new and independent, sovereign nation.  The only way slaves could be emancipated was if the North won the war. Second, the Emancipation ignored legislation that Congress had passed and Constitutional provisions regarding slavery and slaves, including the controversial Fugitive Slave Laws.  True, Congress (lacking any members from Southern states) moved towards limiting slavery and freeing slaves, but it refused to do so in the states.  Their measures only applied to territories. As in the antebellum era, Congress adamantly refused to legislate regarding slavery in the states. The issue was deemed a state prerogative on which Congress had little or no constitutional authority.

The constitutional question is whether President Lincoln overstepped his authority in signing the Executive Order – U.S. Navy General Order No. 4.  As President and Chief Executive, the Proclamation was an assault on Congress as the law-making branch of government.  And he seems to have understood that.  He seems to have understood that the federal government’s power to end slavery in peacetime was limited by the Constitution, which before 1865, committed the issue to individual states (through the Article V amendment process). But with the Civil War going on, Lincoln issued the Proclamation under his authority as Commander in Chief of the Army and Navy, outlined in Article II, section 2 of the US Constitution.  As such, he claimed to have the martial power to free persons held as slaves in those states that were in rebellion “as a fit and necessary war measure for suppressing said rebellion.”  In other words, his position was that Congress lacked power to free all slaves within the borders of rebel held states, but as Commander-in-Chief, he could do so if he deemed it a proper military measure.  He did not have this authority over the four slave-holding states that were not in rebellion.

The only way Lincoln could support this approach is if he completely ignored the articles of secession of the eleven southern states that decided, in special convention, to issue in order to legally separate themselves from the government of the United States – exactly as the 13 original states did with the Declaration of Independence to dissolve their bonds of allegiance with Great Britain.  In fact, the wording of several of the Ordinances of Secession are designed very much after the Declaration (just so that the Lincoln administration should have no doubt about their intentions).  Furthermore, to support his approach, Lincoln would have to completely ignore the status of the Confederate States of America as a new, independent, and sovereign country.  He would have to ignore their Constitution, which was based almost exclusively on the US Constitution, except for provisions regarding the power to enforce protective tariffs and slavery.

During the time of the Civil War, the US Congress took up the issue of slavery.  In January 1862, Thaddeus Stevens, one of the leaders of the Radical Republican faction of the Republican Party and the Republican leader in the House, called for total war against the South to include emancipation of slaves, arguing that emancipation, by forcing the loss of enslaved labor, would ruin the economy of the South.  On March 13, 1862, Congress approved a “Law Enacting an Additional Article of War”, which stated that from that point onward it was forbidden for Union Army officers to return fugitive slaves to their owners.  On April 10, 1862, Congress declared that the federal government would compensate slave owners who freed their slaves. Without the South in the Union and without any members of Congress from the South to represent its interests, there apparently was no need to respect the Fugitive Slave provision of the Constitution. (Slaves in the District of Columbia were freed on April 16, 1862, and their owners were compensated).  On June 19, 1862, Congress prohibited slavery in all current and future United States territories (though not in the states), and President Lincoln quickly signed the legislation. By this act, they repudiated – nullified – the 1857 decision by the US Supreme Court in the Dred Scott case, which announced that Congress was powerless to regulate slavery in U.S. territories

So the question is whether the power President Lincoln assumed as Commander-in-Chief allowed him to act outside of the Constitution’s structure of separation of powers and checks and balances during the Civil War.  I would submit that he didn’t.  He merely wanted to extend to those collateral parties to the war – the slaves – a vested interest in fighting for the North and undermining the effort of the South.  It was sabotage by usurpation.

Is Nancy Pelosi starting this Democratic talking point for the same reason Lincoln issued the Emancipation Proclamation?   Are they hoping that Ohama’s amnesty plan will energize those here illegally?  Are they hoping to sabotage our rule of law by claiming there is precedent for unconstitutional executive actions?

Well, perhaps in this regard, the President’s amnesty plan is designed to resemble the Emancipation Proclamation.

Let’s go back to President Obama’s plan for the amnesty of 5 million illegal immigrants. In light of the recent election and voter mandate (he got slaughtered in the election!)  and despite a recent Rasmussen poll which shows that 62% of Americans do NOT want the president to act on immigration reform without the approval of Congress,  the president signed two Executive Orders yesterday, November 21, onboard Air Force One (en route to Las Vegas).  The Executive Orders would delay deportation for millions of illegal immigrants. They will grant “deferred action” to two illegal immigrant groups – (1) parents of US citizens or legal permanent residents who have been in the country for five years, and (2) young people who were brought into the country illegally as of 2010. During his televised 15-minute primetime speech Thursday evening from the East Room of the White House, Obama said his administration will start accepting applications from illegal immigrants who seek the deferred actions. Those who qualify will be granted protections for three years.

It’s no wonder that Obama has chosen to go to Las Vegas for his first stop in drumming up support for his plan.  Hispanics are a growing and powerful constituency in Nevada.

In general, the American people seem confused as to what an Executive Order is, what applicability is has, and how much authority the President has to issue them.  If you look at social media and blog responses, those who support Obama’s amnesty plan claim that Obama is only being criticized unfairly because he is black and as proof, they cite the fact that President Bush signed far more Executive Orders.  This is a typical liberal response, lacking in any fact or logic. Yes, President Bush signed a butt-load of Executive Orders (and we’re talking Kim Kardashian size butt loads). But each executive order is different. A president can issue an executive order to clarify his position, to further manage “executive” operations, give directions, give instructions, make declarations, make proclamations (like the one to establish the National Day of Prayer), give directives, etc. They are mainly for clarification and for instructions. They further explain something that Congress has passed. When Executive Orders are pursuant to valid Constitutional powers, they have the force of law. But Executive Orders are ALWAYS subject to the Separation of Powers doctrine. The President can NEVER assume powers not granted to him under Article II.

In 1950, North Korean troops invaded the Republic of Korea. Backed by a UN Resolution, President Truman sent U.S. troops to aid South Korea. He did not ask for a declaration of war from Congress. Because of the “war,” demand increased for steel and prices had risen.  As steel prices rose, the steel worker union, the United Steel Workers of America, threatened a strike unless they received a wage increase.  President Truman believed that it would be a disaster for the nation if steel production were stopped and he ordered his Secretary of Commerce to take control of and operate the steel mills.  Truman wanted to make sure that the military effort in Korea would not be disrupted.

The steel mill owners believed President Truman’s seizure was unconstitutional because it was not authorized by any law and they took it to the Supreme Court. Truman argued that his position as Commander-in-Chief gave him the necessary power to seize and operate the mills. (Sounds similar to what Lincoln did with the Emancipation Proclamation). In 1951, the Supreme Court issued its opinion in the landmark case known as Youngstown Steel v. Sawyer.  This is an important case and one that is certainly studied in law school. The Court struck down President Truman’s Executive Order and through its decision (full of cajones), it helped to curb presidential power. Perhaps it was an attempt to push back against presidents (like FDR and Truman, thinking themselves untouchable because of their management of the war) who had greatly sought to enlarge the powers of the Executive. The Court disagreed with Truman and held that neither the Constitution nor any act of Congress allowed the President to take over the steel mills. “The President’s power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself.” There had been no act of Congress, so the Court turned to the Constitution. The Court ruled that the President’s role of Commander in Chief power did not authorize the action, and neither did the “several constitutional provisions that grant executive power to the President. In the framework of our Constitution, the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.”  In other words, his power to see that the laws are faithfully executed should NOT be confused with the power to make law in the first place.

The ruling was based on the Constitution’s Separation of Powers doctrine. Legal scholars point out that the Court did not rule that any seizure would have been unconstitutional. Rather, Truman’s actions were unconstitutional because he did not have any legislative authority.

The case stands for the bright line rule that a President CANNOT act where Congress has decided NOT to act.

Another argument pushed by supporters of the president’s Executive Order, including Nancy Pelosi herself, is that Obama is not doing anything that Ronald Reagan didn’t do when he was president, in deferring the removal of certain immigrants.  I believe there is a clear difference though. Congress had passed sweeping immigration reform legislation in 1986, granting full-blown amnesty.  In Obama’s case, Congress hasn’t passed any immigration reform.  I would remind folks to visit the Youngstown Steel case.

In 1986, Congress passed a full-blown amnesty, the Simpson-Mazzoli Act, conferring residency rights on some 3 million people. Simpson-Mazzoli was sold as a “once and for all” solution to the illegal immigration problem but ended up being riddled with fraud. It was passed as immediate amnesty with strict enforcement measures to be put in place for the future. Unfortunately, the bill failed to anticipate the situation where certain members of a single family qualified for amnesty while others did not.  Nobody wanted to deport the still-illegal husband of a newly legalized wife. Reagan’s Executive Order attempted to address this situation and tidy up Congress’ immigration scheme.  The public didn’t view it to a unilateral initiative to reform immigration and it was not seen as controversial.

In other words, Ronald Reagan acted in conjunction with Congress and in furtherance of a congressional purpose.  Obama is intentionally ignoring Congressional purpose.

The executive action by President Obama, however, would follow not an act of Congress but a prior executive action of his own.  Remember when he suspended enforcement against the so-called “dreamers” by Executive Order in June 2012.  The 2012 Executive Order announced a change in immigration policy; the government would stop deportations and begin granting work permits for some Dream Act-eligible students.  The policy change applied (applies) to young undocumented immigrants who entered the United States as children, following along the same lines as the Dream Act, a bill that passed in the House of Representatives but failed in the Senate in 2010.  (Dream Act-eligible young people are referred to as “DREAMers”).


No one from the left seems to care about what lies at the very core of the president’s actions.  Let’s be clear….  President Obama has NO authority to do what he wants to do – to grant legal rights to illegal immigrants.  But never-mind the substantive issue here, the President has NO right to sidestep Congress and to ignore the Constitution. He has no right to rule by fiat and he has no right to act like a King. No matter where a person stands on the issue of amnesty, it is the conduct by this president and the audacity with which he approaches the job that should make every American fuming mad.

The lies, the accusation, and the frivolous comparisons to Ronald Reagan are bad enough.  But when I hear folks out there comparing the Amnesty plan to the Emancipation Proclamation and illegal immigrants to slaves, I want to scream. I want to remind those on the left who the REAL slaves are, because they really don’t have a clue.  The real slaves are the tax-paying middle class who aren’t exempt from the federal income tax scam but aren’t rich enough to have any lobbying power or ability to bribe anyone for favors.  They are the workers…  the ones who get up each day, ride a bus, train, plane, etc to work so they can pay for a house, college, car, clothes, food, and to support the kids that they carefully planned to have. The slaves are the ones who pay taxes at the expense of those who don’t but have no say in how their money (their property) is used to increasingly allow those deadbeats to live more comfortably.  The slaves are the ones who are forced to pay for the healthcare plans of those who, in great part, don’t give a rat’s ass about their health or how to improve it.  The slaves are the ones whose kids who kids can’t get into top-notch schools based on their high grade point averages because they are not a minority.  The slaves are the ones who have to save all their receipts and fill out lots of paperwork each April, hoping that the government won’t send a letter accusing them of not paying enough, while welfare recipients can use their money (OUR money) to buy cigarettes, alcohol, and luxury items, and go to gambling casinos.  Slaves are the ones who take voting seriously and go to the ballot box well-informed of the issues and with skin in the game but immediately have their votes cancelled out by ones that are cast by low-information voters without skin in the game for the sole purpose of making sure they continue to get what the other voters can provide to them.  But most importantly, slaves are the ones who, because they pay taxes and have files with the IRS, are forced to censor themselves and refrain from protest for fear that the government will use their henchmen (the IRS) to audit and otherwise harass them.

The real slaves want the President to uphold the Constitution and stop trying to make a mockery of it.

As mentioned earlier, the Emancipation Proclamation carried no legal authority and freed no one, and so in this sense, I hope that Obama’s lawless behavior will be recognized similarly and have similar results.

Nancy Pelosi Compares Obama’s Amnesty Bill to Emancipation Proclamation –

Nancy Pelosi to GOP on Immigration Action: ‘Look to Ronald Reagan, Your Hero’  –  (“The President’s Actions are as good as it can be under the law…. That doesn’t mean we wouldn’t like to have a bill….  “  Nancy Pelosi)

Billy House, “Pelosi Compares Obama Immigration Order to Emancipation Proclamation,” National Journal, November 20, 2014.

Henry L. Chambers Jr., “Lincoln, the Emancipation Proclamation, and Executive Power,” Maryland Law Review, Vol 73, Issue 1, Article 6 (2013.   or

The Emancipation Proclamation, the Navy Department Library.

Gabriel Malor, “No, Reagan Did Not Offer an Amnesty by Illegal Executive Action,” The Federalist, November 20, 2014.

David Frum, “Reagan and Bush Offer No Precedent for Obama’s Amnesty Order,” The Atlantic, November 18, 2014.




WHEREAS, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a Proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free; and the Executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of any such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

“That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such States shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States.”

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by virtue of the power in me vested as Commander-in-chief of the Army and Navy of the United States, in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana, (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans,) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth,) and which excepted parts are for the present left precisely as if this Proclamation were not issued.

And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known that such persons, of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice warranted by the Constitution upon military necessity, I invoke the considerate judgement of mankind and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh.


WILLIAM H. SEWARD, Secretary of State.

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

A Government That Wants to Control Us, Not Represent Us

TYRANNY    by Diane Rufino

George S. Liberty recently wrote a rant about government on his blogsite after he watched a news clip about Jonathan Gruber, the controversial architect of Obamacare.  His theme was how audacious and contemptible the government has become regarding the American people.  Clearly, the government has little respect for the people. It feigns loyalty to them only when it comes to election time or when it serves its purposes in enlarging the federal institution. As George wrote: “It’s clear that government feels it must oversee us rather than represent us. It knows best.”

The federal government is steadily becoming more antagonistic and repugnant to the People.  Its interests are not the interests of the American people. In fact, too many times, its interests are exactly opposed to their interests.  Look at the immigration issue, look at the erosion of race relations at the direct hands of the current administration, and look at the soft stance the current administration is taking with respect with the greatest evil the world has encountered since Nazi Germany and its designs for genocide of the Jews and world domination.  When has America ever stood by and watched its citizens being brutally beheaded?  The Patient Protection & Affordable Care Act, for example, which violates so many precious American liberties that this article dares not even go into them, was passed with a level of deception and duplicity that hasn’t been seen in this country since the days of the Civil War and Reconstruction. As if the backdoor deals, threats, and political promises make by the President weren’t enough, as if his promise to the American people, through an interview with George Stephanopolous, that the mandate was not a tax only to have the mandate officially classified as a tax (and supported and justified by the government’s taxing power) wasn’t enough, and as if the promises of lower healthcare costs (and retention of one’s doctor) only to see costs skyrocket, doctors lost, and businesses suffer wasn’t enough, we now learn that the architect of the healthcare bill “counted on the stupidity of the American people” in getting the bill passed in the court of public opinion.  He said that if more people knew what was written in the bill, it would have never passed. “This bill was written in a tortured way to make sure CBO did not score the mandate as taxes. If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that.  In terms of risk rated subsidies, if you had a law which said that healthy people are going to pay in – you made explicit healthy people pay in and sick people get money, it would not have passed… Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really really critical for the thing to pass… Look, I wish we could have made it all transparent, but I’d rather have this law than not.”

This government – OUR government – a government supposedly of the people, by the people and for the people –  purposely set out to deceive We the People.  Wow.  I mean, WOW!  Can you believe the audacity of our government?  King George III of England seemed audacious at one time.  He and the British Parliament took the liberty of taxing the American colonies to cover the costs incurred by the British in fighting the French in the French & Indian War (to clear claim to the New World territories) and the costs to protect them.  Yes, the tax was ultimately being used to serve and benefit the colonies, but it was the fact that the King didn’t first provide them with a seat in Parliament to give them representation with respect to legislation that affected them which set them off.  This failure of the King to safeguard their rights as Englishmen (as laid out in the English Bill of Rights of 1689, among other charters) is what gave birth to the Sons of Liberty, led to the Boston Tea Party, the shots at Concord & Lexington, the Declaration of Independence, and ultimately to our secession from Great Britain.  The lack of transparency, the duplicity, the contempt, etc…..  King Obama and his Congress of rats and weasels all of a sudden don’t seem much different from King George.

As I hear news story after news story showing just what a leviathan that our government has become – in both size and attitude –  I can’t help but reflect upon the genius of our Founding Fathers.  Thomas Jefferson repeatedly explained how government would work best. In 1816, he wrote to his friend Joseph Cabell: “”The way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the function he is competent to.  Let the National Government be entrusted with the defense of the nation and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself.  It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under everyone what his own eye may superintend, that all will be done for the best.”  The federal government was never intended to have such concentrated power and authority over the states and over the lives and property of the people. Whatever happened to these documents: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…..”     And “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 highly intuitive and intellectual geniuses that debated and drafted our Constitution knew very well what could happen if the populace became complacent and tacitly surrendered their freedom to the designs of government. Thomas Jefferson and others warned that government would tend to grow itself and put its own interests above those of the people.  The delegates to the Philadelphia Convention thought they addressed this problem by creating separate legislative, executive, and judicial branches and by building into government various levels of checks and balances.  Madison’s essays – Federalist No 47 and No. 51 – addressed these important design features.  Aside from the separation of powers and the systems of checks and balances, our Founders believed the two most powerful checks on government would be the States (federalism; Tenth Amendment) and the People themselves (ever vigilante of their liberties).

The question is this: Once government becomes self-serving rather than freedom-serving, are we stuck with it?  The answer is no.  Lucky for us, the sheer brilliance of our Founders can be seen in the plain words of our country’s charter of freedom – the Declaration of Independence:

“…….That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

But the obvious follow-up question is this:  At what point do we “alter or abolish” our government?  Jefferson addresses that question in that second paragraph:

“…… Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.“

At this point, so many of our precious liberties – certainly our rights to property and now our rights to make basic choices regarding our lives, our associations, our conscience, and our health – are not secured by our government. In fact, government is assaulting and eroding them. Our right to bear arms, the one right that helps us secure all others, has become ever so tenuous.  Is now the time to “alter or abolish” our government?

Judging by the sheer volume of Americans that the government has managed to shackle to its existence and its programs, individual liberty may no longer be that “precious gem” (as James Madison once called it at the Virginia Ratifying Convention) that should be placed above all else. There was a time when it was.

And government knows this.  Perhaps that was the very intent of government when it set on its path to become the great leviathan that it currently is. Maybe it knew that the people had to be coerced into surrendering their liberties – by promising them stuff and taking care of them from cradle to grave and by convincing them that the promise of guaranteed freedom isn’t the same as a guaranteed paycheck or guaranteed housing or guaranteed healthcare.

Maybe those government officials who have sought over the years to use the full power of the government to divest it of its constitutional moorings studied Federalist No 51.  In that essay, James Madison wrote: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

People can’t control government like they are supposed to if government controls them.  And make no mistake about it…. Government today DOES control the American people.

Combine the complacency that people have on account of the emphasis that the leviathan places on social and welfare programs with the “experience that hath been shown” of human nature to be “disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”  This looks like a perfect recipe for government longevity and acceptance of tyranny.  And so, in one of his arguments, George S. Liberty writes: “The government will continue to take, and take, and take. And it will push, push, and push –  all in the design to sustain itself at the expense of the populace because it knows that people are more inclined to suffer the consequences than to right themselves. The government banks on the fact that we are timid.”

It cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals — that it does not prescribe the conduct of private individuals, only the conduct of the government — that it is not a charter for government power, but a charter of the citizens’ protection against the government.

In other words, in this country, it is freedom that is enlarged.….   NOT the government.  Freedom must endure at all costs; NOT government.  Government must not be perpetual, if it be at the expense of individual freedom.  But individual freedom MUST be perpetual, even and perhaps especially at the expense of government.

Thomas Jefferson once wrote: “Unless the mass retains sufficient control over those entrusted with the powers of their government, these will be perverted to their own oppression, and to the perpetuation of wealth and power in the individuals and their families selected for the trust. Whether our Constitution has hit on the exact degree of control necessary, is yet under experiment.” (in a letter to M. van der Kemp, 1812)  Maybe our future generations of Americans are better served in our public schools by spending a month every year learning what our Founding Fathers had to say about civic duty instead of constantly re-learning about slavery and Jim Crow (the wounds that no one seems to want to let heal).

So, where are today’s Thomas Paine, Patrick Henry, Thomas Jefferson, James Madison, John Adams, Sam Adams, and George Washington?

If ever we needed these men – or their spirits – it is now.

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , | 1 Comment

This Voter is Terribly Disillusioned

Diane - I Voted          by Diane Rufino, November 7, 2014

On October 28, the final presidential debate of the 1980 election was held in Cleveland, Ohio. In his closing remarks, Ronald Reagan asked viewers: “Are you better off now than you were four years ago? Is it easier for you to go and buy things in the stores than it was four years ago? Is there more or less unemployment in the country than there was four years ago? Is America as respected throughout the world as it was? Do you feel that our security is as safe, that we’re as strong as we were four years ago? And if you answer all of those questions ‘yes’, why then, I think your choice is very obvious as to whom you will vote for. If you don’t agree, if you don’t think that this course that we’ve been on for the last four years is what you would like to see us follow for the next four, then I could suggest another choice that you have.”

How bad have things gotten in the world and in our lives that these weren’t even the questions we asked when we cast our votes this week? And how distracted must we be by the shenanigans and posturing of this inept current government that our corrupt, arbitrary and oppressive taxation system wasn’t even an issue for debate? As we squabble over “R” and “D” and how we can make everyone happy and comfortable – even those who don’t feel they need to obey laws or conform to norms of decency or even contribute to society – our country is slipping away from us. And the only thing we’ll end up giving our children and grandchildren is a government that makes it easier to be a despicable human being, to work harder for less, to be punished for investing in personal development and success, and to be stressed and frustrated for the length of their lives.

Wow, we must really love our children.

I saw the following election poster on facebook, obviously playing on Reagan’s famous remarks.  It was titled “humorous” but it really isn’t so funny, is it?  It’s truthful.  It’s accurate.  It’s the new reality.  A government tasked to keep its people safe and secure and to protect their liberties has become predatory and has put us at great risks on so many levels.  We really should be asking ourselves whether this is the kind of government we want.  And if that answer is “no,” then we need to figure out, as those brilliant men back in the the 1700’s did, what we need to do to design and implement a government suitable for a people historically destined to enjoy the greatest degree of freedom on the planet.

VOTING - funny (2014)

With all that in mind, I voted on November 4.  Of course, I voted.  I used my vote not only to help elect some of the servants I feel will represent us well and remain constrained by the written will of the people, but I also used my vote to exercise my precious first amendment right – the freedom of speech and expression. I hope my seemingly inconsequential vote will send a message. I’m disgusted with both political parties – Democrats and Republicans. One has huge balls and is audacious and the other has none and is spineless. I hope when North Carolina counts its votes, a message will have been sent. More importantly, I hope the message will be RECEIVED !!

Posted in Uncategorized | Tagged , , , , , , , , , | Leave a comment

A Constitution of Government Once Changed From Freedom Can Never Be Restored……


by Diane Rufino, September 1, 2014

True Conservatives understand why our country is falling apart. It’s not that we lack the power and the ability to be the country we used to be; it’s that our citizenry has willfully and ignorantly abandoned a moral imperative to defend our American ideals by living those ideals. America is special because of the ideals that she was founded on and the ideals that most people around the world still thinks she stands for.  But what they don’t know is that those ideals have been turned on its head. The exercise of freedom that once defined her is now killing her.  How is this happening?  It’s because of the implied understanding that with great freedom comes great responsibility and the fact that too many people – including most of our citizens, most of our country’s social leaders, most of our elected representatives, and certainly most of our sitting judges – have shirked the responsibility they have. Conservatives – true conservatives – are trying to conserve those fundamental ideals. They thought it would be easy because after all, the nexus between our greatness and the bedrock principles defined in our Declaration and protected in our Constitution is uncontested.  Yet, sadly, we see that It has become popular to make fun of “conservatives,” and in some communities, the very word “conservative” is too offensive to even speak. This is our downfall.

The first definition in Webster’s Online Dictionary of “conservatism” defines it as “A political or theological orientation advocating the preservation of the best in society and opposing radical changes.” The second definition, by Webster, defines the term as “The disposition and tendency to preserve what is established; opposition to change;…”  So, if conservatism means the preservation of an “establishment,” what is that establishment?

The establishment that conservatives mean to preserve is that of our founding, including American first principles like contribution to society, constitutionally-limited government, state sovereignty, independence from unnecessary assistance or control, common-sense in financial matters, fiscal responsibility, honesty, free speech and religious practice, the pursuit of happiness, the protection of human life, personal responsibility, and respect for the Judeo-Christian foundation that was and is woven into our nation’s fabric.

Every problem we face today can be traced to a large, imposing government and to the fact that it has strayed away from one or more of the principles listed above. We can’t hope to survive and overcome our problems with such a powerful top-down, one-size-fits all centralized government.  This was not the government of our Founders or of the 13 original “countries” (as England publicly recognized in 1791) who voluntarily formed into the union that established our country.

The problem, in short, is that government has gotten out of hand.  Instead of protecting liberty, it is skillfully eroding it.  By claiming to offer greater freedom to those living in “poverty” by relieving them of their discomforts, it is denying fundamental freedoms to those who the government feels can “give up some of their comforts.”  “Comforts,” my friends, is another word for “pursuit of happiness.”  We all have the right to pursue it but we don’t have the right to demand it.  It’s a right and not an entitlement.  By denying fundamental liberty rights to America’s middle class and wealthier citizens, the government is actually eroding our traditional notions of freedom and doing irreparable harm to the fundamental rights of ALL citizens. As John Adams once wrote to his wife Abagail: “A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever.”

And Thomas Jefferson also gave us a few words of warning:  “A government big enough to give you everything you want, is a government big enough to take away everything that you have.”  President Gerald Ford reminded a Joint Session of Congress of this warning in 1974 when he addressed both Houses.

Our downfall is the growing socialization of our country….  It is the growing (and perhaps political) incumbency to “take care” of people instead of protecting and enlarging their freedom to take care of themselves.  The downfall is our ever-increasing entitlement mentality and the growing financial obligations of a government that has adopted that mentality.  We can’t afford to support a political ideology that excuses so many people of taking responsibility for their lives and their conduct. We can’t raise all the children that people want. We can’t keep giving out checks (funneling money from hard-working, responsible families) to those who can’t assume responsibility for their sexuality and having children out of wedlock (or even worse, for the express purpose of getting that check).  We can’t afford to provide social services for every person who wants to come to this country. Our Constitution promises its citizens that there will be enforced immigration laws. It’s ridiculous that all of a sudden so many Americans just happen to be “disabled” and therefore relieved from working for a living.

Many years ago, religion and morality had its place in America’s government and in America’s citizenry. There were certain ground rules to government, because as our earlier generations understood, government was instituted (as the Declaration says) first and foremost to protect our INDIVIDUAL rights (not collective rights) of Life, Liberty, and property. “Pursuit of Happiness” was the term chosen by Jefferson to not only include property, but other rights, most notably the right to use one’s own intellectual property and ambition to acquire property and thus “happiness.” A moral people RESPECTED the rights of others. It’s guidelines included some of the basic tenets of the Ten Commandments, including the commandments not to covet and not to steal. There are too many people in this country who claim to be religious and claim that the Church dominates their lives and their conduct but have NO problem taking money from those who have the natural right to keep it. This is simply common sense. You work, you earn, you keep it (minus a tiny bit to support services that benefit YOU and the protection of YOUR rights). The old motto used to be “I must work to eat.” Now the motto is: “You work and I eat.” Government policies too often foster immoral conduct. And the growing immortality that has resulted is killing our culture of liberty. We need to BEWARE. And if liberty is to survive, I believe that groups of people will need to separate. Sad to have to think like this.

In the meantime, religion and morality MUST be qualities we demand in our elected officials, if we can even hope to restore this country to the City on the Hill that it was meant to be – where its people are of the content and character worthy of the grand principles it was founded on.  If our elected officials are to uphold the Constitution and defend – CONSERVE – our traditional and honorable institutions, they must do right as God gives them the ability to understand what is right.  And if we can do that, and if we have such men and women in office, then I believe they will do the very best for America.


Shawn Paul, “What Does it Mean to Be a Conservative,” Western Journalism, November 24, 2012.  Referenced at:

Posted in Uncategorized | Leave a comment