Information about States Rights, Constitution and American Liberty

Information about States Rights and the Constitution

 

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MYTH: Easter is derived from false pagan goddess

What Is A Christian Nation

Biblical References in Give Me Liberty Speech by Patrick Henry

HISTORICAL RECORD: Winter Months Grazing for Sheep in Bethlehem area

Fox News December 24, 2013: Too cold for shepherds in December

The Real Lincoln - Despot

Is the Constitution Really Inimical To States Rights? - Part Fourteen

MYTH: Too cold for shepherds to Tend Flocks in December - Part 2

Gun Control Coming to the Senate Floor on Monday

74th Anniversary of 'Gone with the Wind' premiere

The First Thanksgiving Day - flyer

The Death of Jefferson Davis - December 6 1889

Marietta Daily Journal - on The First Thanksgiving

Demonstration against Lindsey Graham & Southern demographic displacement

MYTH: Too Cold For Shepherds in December

December 4 was First Thanksgiving, in Virginia, not Plymouth

Next League Demonstrations Against Southern Demographic Displacement

Federal Government Propaganda Machine

What is wrong with Thumping the Bible?

Drones for our protection. For those who will believe anything!

Is the Constitution Really Inimical To States Rights -  Part Four

by Al Benson Jr.

Mr. Galles also noted that: "One of the most insightful of the Antifederalists was Robert Yates, a New York judge who, as a delegate to the Constitutional Convention, withdrew because the convention was exceeding its instructions. Yates wrote as Brutus in the debates over the Constitution. Given his experience as a judge, his claim that the Supreme Court would become a source of almost unlimited federal over-reaching was particularly insightful."

As Brutus, he observed that the Supreme Court, as envisioned under the Constitution, would end up becoming a source of growing abuse because they were beyond the control of both legislatures and ordinary citizens and they were in no way subject to being "corrected by any power above them."

"Brutus argued that when constitutional grounds for making rules were absent, the Court would create grounds 'by their own decisions.' He thought that the power it would command would be so irresistible that the judiciary would use it to make law, manipulating the meanings of arguably vague clauses to justify it." (Galles)

That being the case, the Court could then proceed to interpret the Constitution according to the "spirit" of the law rather than the letter of the law. Looking at some of the "decisions" the Supreme Court has handed down in our lifetime, can anyone seriously doubt the concerns Robert Yates had?  In fact, if anything, his concerns would today have to be labeled as "optimistic" because, in his day, he could have had no concept of just how far the Court would go in promoting the agendas of radical, activist judges who would shamelessly promote their version of what they wished the Constitution really said. I can remember Joseph Sobran, writing on this subject years ago when he noted that the Court has found many "enumerated penumbras" in the Constitution that justified abortion. Many will ask "What's a penumbra?" For want of being able to explain it legally I will note that it is nothing more than a judicial version of "seeing through a glass darkly." The lawyers see "rights" there that are never spelled out anywhere, except in their own minds. One might almost be led to ask that if these activist judges see such imaginary "rights" in the Constitution in their minds, have they, in fact, become "legends in their own minds?"

Mike Crane of Morganton, Georgia, has written a six-part series of articles (more to come) called "What Is States Rights?" These can be found on the web site for the Southern Party of Georgia http://spofga.org   Mr. Crane has made some very interesting observations which  deserve consideration. In part 6 of his series he states: "In the very early days of the Constitutional Convention of 1787, the delegates, the framers of the Constitution, made a deliberate and conscious  decision to discontinue a federated form of government and to replace it...let me emphasize...REPLACE IT...with a national form of government in their deliberations. Let me summarize what this means for the concept of States Rights...By the votes of May 30, 1787 the framers of the Constitution began debating the ultimate elimination of States Rights! The concept of States Rights is mutually exclusive with the concept of a national or consolidated government as clearly explained ('...the latter having  compleat and compulsive operation...') by Gov. Morris." And Mr. Crane continues: "If it is true that the framers of the Constitution of 1787 proposed a national government, then it should be easy to understand why the Anti-federalists were opposed to its ratification. It explains why our Confederate forefathers made changes in several areas when drafting the Confederate Constitution of 1861." (More on the Confederate Constitution later). But Mike also notes: "Most importantly--it explains why efforts to Reform have failed for 200 years and why efforts at Reform are most likely  a fool's errand with little or no hope of success."

Mike also observed that "On May 31, 1787 the framers agreed without debate or dissent that the National Legislature would be Supreme over the State Legislatures in any matter that in the opinion of the National Legislature was important." Exactly what does that say for the rights of your individual states?  It says that the "National Legislature" gets to decide what rights your states do and do not have. It almost leads you to believe that the 9th and 10th Amendments were only thrown in their as sops for the unwary--to make sure they never caught on to the real game--consolidated national power!

In other words, our framers snatched defeat from the jaws of victory!

Mike Crane then noted, almost as if in anti-climax, the same thing I noted earlier, that: "Just 13 years earlier, some of these same men had assembled in the First Continental Congress and as a major step toward the creation of American Liberty and Independence from England had rejected this same concept as absolutely and totally unacceptable! But here in Philadelphia on May 31, 1787--it was accepted without dissent or debate." You have to wonder what happened in thirteen short years to make them solidly embrace what they had earlier rejected--the dissolution of true American liberty.

To be continued.

 

Also see the other parts of this series by Al Benson, Jr.:
Part 1
| Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 |
Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14

If you found this article interesting, you might also like:
What is StatesRights by Mike Crane

And:

Get US Off the USS Titanic

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The Copperhead Chronicle
History and Current Events From a 
Christian, Pro-Southern Perspective.

When asked to describe The COPPERHEAD CHRONICLE, Editor Al Benson, Jr., explains it is his small attempt at resurrecting real history and putting it in front of people to give them something to think about.

The Copperhead Chronicle is a quarterly newsletter written with a Christian, pro-Southern perspective. Each newsletter touches not only on our earlier history, but also on current events that will one day be considered part of our history.

The Copperhead Chronicle demonstrates that had we not suffered under "Honest Abe" and his collectivist schemes for unconstitutional big government over 130 years ago, we would not have the problems we do with today's politicians.

A subscription to The Copperhead Chronicle is $10.00 per year. Subscribe by using either the PayPal link to the left or send a check or money order by mail. Please make checks payable to Al Benson, Jr., and mail to:


The Copperhead Chronicle
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For more information: http://albensonjr.com/index.shtml

 

 

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