U.S. Constitution, James Madison, and Founding Fathers

Dinner Topics for Monday

James Madison

from Wikipedia

madisontyrannydefineJames Madison, Jr. (March 16, 1751 (O.S. March 5)  – June 28, 1836) was an American statesman and political theorist, the fourth President of the United States (1809–1817). He is hailed as the “Father of the Constitution” for being instrumental in the drafting of the United States Constitution and as the key champion and author of the United States Bill of Rights.[1] He served as a politician much of his adult life.

After the constitution had been drafted, Madison became one of the leaders in the movement to ratify it. His collaboration with Alexander Hamilton and John Jay produced the Federalist Papers (1788). Circulated only in New York at the time, they would later be considered among the most important polemics in support of the Constitution. He was also a delegate to the Virginia constitutional ratifying convention, and was instrumental to the successful ratification effort in Virginia. Like most of his contemporaries, Madison changed his political views during his life. During the drafting and ratification of the constitution, he favored a strong national government, though later he grew to favor stronger state governments, before settling between the two extremes late in his life.

In 1789, Madison became a leader in the new House of Representatives, drafting many basic laws. He is notable for drafting the first ten amendments to the Constitution, and thus is known as the “Father of the Bill of Rights“.[4] Madison worked closely with President George Washington to organize the new federal government. Breaking with Hamilton and what became the Federalist Party in 1791, Madison and Thomas Jefferson organized what they called the Republican Party (later called by historians the Democratic-Republican Party)

As Jefferson’s Secretary of State (1801–1809), Madison supervised the Louisiana Purchase, which doubled the nation’s size. After his election to the presidency, he presided over renewed prosperity for several years. As president (1809–17), after the failure of diplomatic protests and a trade embargo against Great Britain, he led the nation into the War of 1812. He was responding to British encroachments on American honor and rights; in addition, he wanted to end the influence of the British among their Indian allies, whose resistance blocked United States settlement in the Midwest around the Great Lakes. Madison found the war to be an administrative nightmare, as the United States had neither a strong army nor financial system; as a result, he afterward supported a stronger national government and a strong military, as well as the national bank, which he had long opposed.

Father of the Constitution

constitution2The Articles of Confederation established the United States as a confederation of sovereign states with a weak central government. This arrangement did not work particularly well, and after the war was over, it was even less successful. Congress had no power to tax, and as a result was not paying the debts left over from the Revolution. Madison and other nationalists, such as Washington and Alexander Hamilton, were very concerned about this. They feared a break-up of the union and national bankruptcy.[20] The historian Gordon S. Wood has noted that many leaders such as Madison and Washington, feared more that the revolution had not fixed the social problems that had triggered it, and the excesses ascribed to the King were being seen in the state legislatures. Shays’ Rebellion is often cited as the event that forced the issue; Wood argues that many at the time saw it as only the most extreme example of democratic excess. They believed the constitution would need to do more than fix the Articles of Confederation. Like the revolution, it would need to rewrite the social compact and redefine the relationship among the states, the national government, and the people.[19]

As Madison wrote, “a crisis had arrived which was to decide whether the American experiment was to be a blessing to the world, or to blast for ever the hopes which the republican cause had inspired.”[21] Partly at Madison’s instigation, a national convention was called in 1787. Madison was crucial in persuading George Washington to attend the convention, since he knew how important the popular general would be to the adoption of a constitution. As one of the first delegates to arrive, while waiting for the convention to begin, Madison wrote what became known as the Virginia Plan. The Virginia Plan was submitted at the opening of the convention, and the work of the convention quickly became to amend the Virginia Plan and to fill in the gaps.[22][23] Though the Virginia Plan was an outline rather than a draft of a possible constitution, and though it was extensively changed during the debate (especially by John Rutledge and James Wilson in the Committee of Detail), its use at the convention led many to call Madison the “Father of the Constitution”.[24] He was only 36 years old.

During the course of the Convention, Madison spoke over two hundred times, and his fellow delegates rated him highly. For example, William Pierce wrote that “…every Person seems to acknowledge his greatness. In the management of every great question he evidently took the lead in the Convention… he always comes forward as the best informed Man of any point in debate.” Madison recorded the unofficial minutes of the convention, and these have become the only comprehensive record of what occurred. The historian Clinton Rossiter regarded Madison’s performance as “a combination of learning, experience, purpose, and imagination that not even Adams or Jefferson could have equaled.”[25] Years earlier he had pored over crates of books that Jefferson sent him from France on various forms of government. The historian Douglas Adair called Madison’s work “probably the most fruitful piece of scholarly research ever carried out by an American.”[26] Many have argued that this study helped prepare him for the convention.

Federalist Papers and ratification debates

The Constitutionsigners3 developed by the convention in Philadelphia had to be ratified. This would be done by special conventions called in each state to decide that sole question of ratification.[29] Madison was a leader in the ratification effort. He, Alexander Hamilton and John Jay wrote the Federalist Papers, a series of 85 newspaper articles published in New York to explain how the proposed Constitution would work, mainly by responding to criticisms from anti-federalists. They were also published in book form and became a virtual debater’s handbook for the supporters of the Constitution in the ratifying conventions.[30] The historian Clinton Rossiter called the Federalist Papers “the most important work in political science that ever has been written, or is likely ever to be written, in the United States.”[31] They were not scholarly arguments or impartial justifications for the constitution, but political polemics intended to assist the federalists in New York, which was the only state to have a coordinated anti-federalist movement. Madison was involved in the project mainly because he was a delegate to the lame duck Confederation Congress, which was meeting in New York.

If Virginia, the most populous state at the time, did not ratify the Constitution, the new national government would likely not succeed. When the Virginia convention began, the constitution had not yet been ratified by the required nine states. New York, the second largest state and a bastion of anti-federalism, would likely not ratify it if Virginia rejected the constitution, and Virginia’s exclusion from the new government would disqualify George Washington from being the first president.[32] Virginia delegates believed that Washington’s election as the first president was an implicit condition for their acceptance of the new constitution and the new government. Without Virginia, a new convention might have been held and a new constitution written in a much more polarized atmosphere, since the constitution did not specify what would happen if it was only partially ratified. The states might have joined in regional confederacies or allied with Spain, France or Britain, which still had North American colonies.[33] Arguably the most prominent anti-federalist, the powerful orator Patrick Henry was a delegate and had a following second only to Washington (who was not a delegate). Most delegates believed that most Virginians opposed the constitution.[32] Initially Madison did not want to stand for election to the Virginia ratifying convention, but was persuaded to do so because the situation looked so bad. His role at the convention was likely critical to Virginia’s ratification, and thus to the success of the constitution generally.[32]

Father of the Bill of Rights

Though the idea for a bill of rights had been suggested at the end of the constitutional convention, the delegates wanted to go home and thought the suggestion unnecessary. The omission of a bill of rights became the main argument of the anti-federalists against the constitution. Though no state conditioned ratification of the constitution on a bill of rights, several states came close, and the issue almost prevented the constitution from being ratified. Some anti-federalists continued to fight the issue after the constitution had been ratified, and threatened the entire nation with another constitutional convention. This would likely be far more partisan than the first had been. Madison objected to a specific bill of rights[41] for several reasons: he thought it was unnecessary, since it purported to protect against powers that the federal government had not been granted; that it was dangerous, since enumeration of some rights might be taken to imply the absence of other rights; and that at the state level, bills of rights had proven to be useless paper barriers against government powers.[4]

Read more about James Madison

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US Constitution Series 15: Free Market and Business Economy

US Constitution Series 15: Free market Business Economy

 

keyThe practical application of this book review of Skousen’s educated wisdom is to leverage “We, The People’s” knowledge of the Constitution, to expose ignorance, anarchy and tyranny, and hold the government accountable.

 

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

ThomasJeffersonThe Highest Level of Prosperity Occurs when there is a Free-market Business Economy and a Minimum of Government Regulations

The Founding Fathers built the political and social structure based on natural law, and were looking for a foundation for economics. In 1776 Adam Smith published a set of five books called The Wealth of Nations.

Thomas Jefferson wrote: “In political economy, I think Smith’s Wealth of Nations is the best book extant.”

 

 

adamsmithwlthofnationsAdam Smith’s Free-enterprise Economics Tried First in America

Adam Smith’s formula includes the following:

   1. Specialized production—let each person or corporation of persons do what they do best.

    2. Exchange of goods takes place in a free-market environment without governmental interference in production, prices, or wages.

3. The free market provides the needs of the people on the basis of supply and demand, with no government-imposed monopolies.

4. Prices are regulated by competition on the basis of supply and demand.

5. Profits are looked upon as the means by which production of goods and services is made worthwhile.

6. Competition is looked upon as the means by which quality is improved, quantity is increased, and prices are reduced.

 

free-enterprise-capitalismThe Four Laws of Economic Freedom

Prosperity also depends on a climate of wholesome stimulation protected by law. There are four laws of economic freedom which a nation must maintain if its people are to prosper at the maximum level.

1. The Freedom to try.

2. The Freedom to buy.

3. The Freedom to sell.

4. The Freedom to fail.

 

The Role of Government in Economics

The Founding Fathers agreed with Adam Smith that the greatest threat to economic prosperity is the arbitrary intervention of the government into the economic affairs of private business and the buying public.

Historically, this has usually involved fixing prices, fixing wages, controlling production, controlling distribution, granting monopolies, or subsidizing certain products.

 

The government is supposed to prevent:

  1. ILLEGAL FORCE in the market place to compel purchase or sale of products.
  2. FRAUD in misrepresenting the quality, location, or ownership of the item being sold or bought.
  3. MONOPOLY which eliminates competition and results in restraint of trade.
  4. DEBAUCHERY of cultural standards and moral fiber society by commercial exploitation of vice—pornography, obscenity, drugs, liquor, prostitution, or commercial gambling.

 

NOTE: Today, the government is supposed to PREVENT all of the above abuses. Instead, it is guilty of the very things it is supposed to prevent. ~C.D.

After 1900 Adam Smith Got Lost in the Shuffle

At this time a new Populist movement in which certain agriculture and labor groups were demanding that the government get involved in the redistribution of the wealth. People began clamoring for a “new system” would involve extensive government regulation if not outright expropriation of major industries and natural resources.

It was in this climate that Adam Smith and the free-market economy fell out of favor. Collectivism, socialism, government ownership of industry, subsidy of the farmers, and a whole spectrum of similar ideas were permeating the country when World War I broke out. (Skousen, 182-183)

By the 1920s, the debunking of the Founding Fathers was in full swing. The ideas of Adam Smith were considered archaic.

barrymarxAdam Smith Out, Karl Marx In

Now, in colleges everywhere, professors are defending Marx, and trashing liberty. The Left continues to gin up hatred for the private sector, the internet, health care, and anyone or anything that preserves our liberty.

 

US Constitution Series 14: Property is Key to Liberty

https://dinnertopics.wordpress.com/2015/02/16/us-constitution-series-14-property-is-key-to-liberty/

George Washington Facts, Quotations

Dinner Topics for George Washington’s Birthday

Heritage Foundation:

George Washington Deserves His Own Day, Not Presidents Day

georgewashingtonQuotations

It is impossible to rightly govern a nation without God and the Bible.
~George Washington

Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. ~George Washington

Happiness and moral duty are inseparably connected. ~George Washington

2nd Amendment

Firearms are second only to the Constitution in importance; they are the peoples’ liberty’s teeth.

~George Washington

The very atmosphere of firearms anywhere and everywhere restrains evil interference – they deserve a place of honor with all that’s good. ~George Washington

Morality

Let us with caution indulge the supposition that morality can be maintained without religion. Reason

and experience both forbid us to expect that national morality can prevail in exclusion of religious principle. ~George Washington

The time is near at hand which must determine whether Americans are to be free men or slaves.

~George Washington

Labor to keep alive in your breast that little spark of celestial fire, called conscience.

~George Washington

Experience teaches us that it is much easier to prevent an enemy from posting themselves than it is to dislodge them after they have got possession. ~George Washington

The marvel of all history is the patience with which men and women submit to burdens unnecessarily laid upon them by their governments. ~George Washington

Truth will ultimately prevail where there is pains to bring it to light. ~George Washington

I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man. ~George Washington

 

US Constitution Series 14: Property is Key to Liberty

Dinner Topics for Wednesday

Life and Liberty are Secure Only so Long as the Right to Property is Secure

keyUnder English common law, a most unique significance was attached to the unalienable right of possessing, developing, and disposing of property. Land and the products of the earth were considered a gift of God which were to be cultivated, beautified, and brought under dominion.

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

US Constitution Series 14: Property is Key to Liberty

Development of the Earth Mostly by Private Endeavor

wealthprivatesector

Without private “rights” in developed or improved property, it would be perfectly lawful for a lazy, covetous neighbor to move in as soon as the improvements were completed and take possession of the fruits of his industrious neighbor. And even the covetous neighbor would not be secure, because someone stronger than he could take it away from him. (Skousen, 170)

Without Property Rights, Four Things Would Occur

  1. One experience like the above would tend to completely destroy the incentive of an industrious person to develop and improve any more property.
  2. The industrious individual would also be deprived of the fruits of his labor.
  3. Marauding bands would even be tempted to go about the country confiscating by force and violence the good things which others had frugally and painstakingly provided.
  4. Mankind would be impelled to remain on a bare-subsistence level of hand-to-mouth survival because the accumulation of anything would invite attack. (Skousen, 171)

John Locke: A Person’s Property Is a Projection of Life Itself

johnlockeThe “labor” of his body and the “work” of his hands, we may say, are properly his.

He that is nourished by the acorns he picked up under an oak, or the apples he gathered from the trees in the wood, has certainly appropriated them to himself. Nobody can deny but the nourishment is his. And it is plain, if the [work of] first gathering made them not his, nothing else could. (Locke, Second Essay Concerning Civil Government, pp.30-31)

Property Rights Sacred?

It is important to recognize that the common law does not make property sacred, but only the right which someone has acquired in that property.

It is not the right of property which is protected, but the right to property. Property, per se, has no rights; but the individual—the man—has three great rights, equally sacred from arbitrary interference: the right to his LIFE, the right to his LIBERTY, the right to his PROPERTY. . . .The three rights are so bound together as to be essentially one right. To give him all that makes his life worth living. To give him his liberty but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave. ~ Justice George Sutherland of the U.S. Supreme Court, January 21, 1921)

lincolnAbraham Lincoln:

Property is the fruit of labor. Property is desirable, is a positive good in the world. That some should be rich shows that others may become rich and hence is just encouragement to industry and enterprise. Let not him who is houseless pull down the house of another, but let him work diligently to build one for himself, thus by example assuring that his own shall be safe from violence. . . .I take it that it is best for all to leave each man free to acquire property as fast as he can. Some will get wealthy. I don’t believe in a law to prevent a man from getting rich; it would do more harm than good.

Primary Purpose of Government Is to Protect Property

The early American colonists had much to say about property and property rights because it was a critical issue leading to the Revolutionary War. The effort of the Crown to take their property through various kinds of taxation without their consent (either individually or through their representatives) was denounced as a violation of the English constitution and English common law. (Skousen, 174)

johnadams2Property Rights Essential to Liberty

John Adams

The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST. (emphasis added)

Should Government Take from the “Haves” and Give to the “Have Nots”?

As we have pointed out earlier, one of the worst sins of government, according to the Founders, was the exercise of its coercive taxing powers to take property from one group and give it to another. In our own day, when the government has imposed a [multi-trillion]dollar budget on the American people with about one half being “transfer payments” from the tax-paying public to the wards of the government, (Skousen, 174-5) James Madison has this to say:

Government is instituted to protect property of every sort. . . .This being the end of government, that alone is not a just government, … nor is property secure under it, where the property which a man has in his personal safety and personal liberty is violated by arbitrary seizures of one class of citizens for the service of the rest.

wealthredistribute1Redistribution of the Wealth Unconstitutional

No man would become a member of a community in which he could not enjoy the fruits of his honest labor and industry. The legislature, therefore, had no authority to make an act divesting one citizen of his freehold, and vesting it in another, without a just compensation. It [such action] is contrary to the principles of social alliance in every free government; and … It is contrary to the letter and spirit of the Constitution. ~The Supreme Court

Property Rights: the Foundation of All Civilizations

Declaration of Independence and American FlagIf history could prove and teach us anything, it would be the private ownership of the means of production as a necessary requisite of civilization and material well-being. All civilizations have up to now been based on private property. Only nations committed to the principle of private property have risen above penury and produced science, art, and literature. There is no experience to show that any other social system could provide mankind with any of the achievements of civilization. ~Ludwig von Mises

Caring for the Poor without Violating Property Rights

After 1936 (the Butler case), the Supreme Court began arbitrarily permit the distribution of federal bounties as a demonstration of “concern” for the poor and the needy. (Skousen, 175)

[T]he nagging question still remains. If it corrupts a society for the government to take care of the poor by violating the principle of property rights, who will take care of the poor? The answer of those who built America seems to be: “Anybody but the federal government.”

Americans have never tolerated the suffering and starvation which have plagued the rest of the world, but until the present generation help was given almost exclusively by the private sector or on the community or state level. (Skousen, 176-177)

The friendliness and charity of our countrymen can always be relied upon to relieve their fellow-citizens in misfortune. ~Grover Cleveland

This has been repeatedly and quite lately demonstrated. Federal aid in such cases encourages the expectation of paternal care on the part of the Government and weakens the sturdiness of our national character, while it prevents the indulgence among our people of that kindly sentiment and conduct which strengthens the bonds of a common brotherhood. ~Grover Cleveland

NEXT:

US Constitution Series 15: The Highest Level of Prosperity Occurs when there is a Free-market Economy and a Minimum of Government Regulations

 

US Constitution Series 13: American Safety from Human Corruption

 

 

Biblical Worldview History: Abraham Lincoln and the Covenant with God

Biblical Worldview history:

Abraham Lincoln and the Covenant with God

keyLiberty is your Birthright! ~Abraham Lincoln to Americans of all colors, races, and creeds

 

Lincoln_HypothesisIt was a dark time in the history of America. The covenant land had fallen into sin, perpetrating or at least condoning the evils of slavery and the persecution of religious and ethnic minorities. But there was an answer to the country’s woes, and two great leaders both knew it. Those leaders were Joseph Smith and Abraham Lincoln.

Joseph Smith was killed for his attempts to bring the nation to repentance; Abraham Lincoln lived long enough to play a crucial role in returning the country to its covenant relationship with God. In this fascinating account, author Timothy Ballard shows how that role developed and how Lincoln came to consider himself “a humble instrument in the hands of God.”

 

History of the American Covenant

How to restore the covenant with God—and peace for your family in this troubled world

 

Civil War history facts

mcclellans-1864-electionContrary to current opinion, it was the Democrat party that favored slavery. The Republican party was anti-slavery. In election campaign of 1864, Lincoln had already issued the Emancipation Proclamation, and Douglas opposed him on the Democrat ticket with a platform favoring slavery.

Although at first the Civil War was about preserving the Union, the North came to accept that the war was punishment by God for the sin of slavery. The resulting 13th and 14th amendments adjusted the Constitution so that the evils of slavery and the persecution of religious and ethnic minorities by individual states were done away.

 

Are we seeing a current breach of the American Covenant?

constitution2“For a good while, there has been going on in this nation a process that I have termed the secularization of America . . .We as a nation are forsaking the Almighty, and I fear that He will begin to forsake us. We are shutting the door against the God whose sons and daughters we are . . . .

“Future blessings will come only as we deserve them. Can we expect peace and prosperity, harmony and goodwill, when we turn our backs on the Source of our strength? If we are to continue to have the freedoms that evolved within the structure that was the inspiration of the Almighty to our Founding Fathers, we must return to the God who is their true Author . . . .

“God bless America, for it is His creation.” ~Gordon B. Hinckley

 

Secret to Peace for your family

How to restore the covenant with God—and peace for your family in this troubled world

Champion of Liberty: Charles Montesquieu

Dinner Topics for Thursday

key“Those people who will not be governed by God will be ruled by tyrants.”~ William Penn

Charles Montesquieu

Famous for his theory of Separation of Powers

montesquieuCharles-Louis de Secondat, Baron de La Brède et de Montesquieu (/ˈmɒntɨskjuː/;[1] French: [mɔ̃tɛskjø]; 18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He did more than any other author to secure the place of the word despotism in the political lexicon,[2] and may have been partly responsible for the popularization of the terms feudalism and Byzantine Empire.[citation needed]

Montesquieu’s early life occurred at a time of significant governmental change. England had declared itself a constitutional monarchy in the wake of its Glorious Revolution (1688–89), and had joined with Scotland in the Union of 1707 to form the Kingdom of Great Britain. In France the long-reigning Louis XIV died in 1715 and was succeeded by the five-year-old Louis XV. These national transformations had a great impact on Montesquieu; he would refer to them repeatedly in his work.

Montesquieu withdrew from the practice of law to devote himself to study and writing. He achieved literary success with the publication of his Lettres persanes (Persian Letters, 1721), a satire representing society as seen through the eyes of two imaginary Persian visitors to Paris and Europe, cleverly criticizing the absurdities of contemporary French society. He next published Considérations sur les causes de la grandeur des Romains et de leur décadence (Considerations on the Causes of the Grandeur and Decadence of the Romans, 1734), considered by some scholars, among his three best known books, as a transition from The Persian Letters to his master work. De l’Esprit des Lois (The Spirit of the Laws) was originally published anonymously in 1748. The book quickly rose to influence political thought profoundly in Europe and America. In France, the book met with an unfriendly reception from both supporters and opponents of the regime. The Catholic Church banned l’Esprit – along with many of Montesquieu’s other works – in 1751 and included it on the Index of Prohibited Books. It received the highest praise from the rest of Europe, especially Britain.

Montesquieu was also highly regarded in the British colonies in North America as a champion of liberty (though not of American independence). Political scientist Donald Lutz found that Montesquieu was the most frequently quoted authority on government and politics in colonial pre-revolutionary British America, cited more by the American founders than any source except for the Bible.[9] Following the American revolution, Montesquieu’s work remained a powerful influence on many of the American founders, most notably James Madison of Virginia, the “Father of the Constitution“. Montesquieu’s philosophy that “government should be set up so that no man need be afraid of another”[10] reminded Madison and others that a free and stable foundation for their new national government required a clearly defined and balanced separation of powers.

Besides composing additional works on society and politics, Montesquieu traveled for a number of years through Europe including Austria and Hungary, spending a year in Italy and 18 months in England where he became a freemason, admitted to the Horn Tavern Lodge in Westminster,[11] before resettling in France. He was troubled by poor eyesight, and was completely blind by the time he died from a high fever in 1755. He was buried in the Église Saint-Sulpice, Paris.

Read more about Charles Montesquieu

 

 

Champion of Liberty: Alexander Hamilton

Champion of Liberty: Alexander Hamilton

Alexander Hamilton Quotes

keyFor it is a truth, which the experience of all ages has attested, that the people are commonly most in danger when the means of injuring their rights are in the possession of those [toward] whom they entertain the least suspicion. (Federalist Papers, No. 25, p.164)

Every unconstitutional action has usually been justified because it was for a “good cause.” Every illegal transfer of power from one department to another has been excused as “necessary.”

There is a certain enthusiasm in liberty, that makes human nature rise above itself, in acts of bravery and heroism.
Those who stand for nothing fall for anything.

A promise must never be broken.

It’s not tyranny we desire; it’s a just, limited, federal government.
Why has government been instituted at all? Because the passions of man will not conform to the dictates of reason and justice without constraint.
alexanderhamiltonAlexander Hamilton (January 11, 1755 or 1757 – July 12, 1804) was a founding father of the United States, chief staff aide to General George Washington, one of the most influential interpreters and promoters of the U.S. Constitution, the founder of the nation’s financial system, and the founder of the first political party.

As Secretary of the Treasury, Hamilton was the primary author of the economic policies of the George Washington administration, especially the funding of the states’ debts by the Federal government, the establishment of a national bank, a system of tariffs, and friendly trade relations with Britain. He became the leader of the Federalist Party, created largely in support of his views; he was opposed by the Democratic-Republican Party, led by Thomas Jefferson and James Madison.

Hamilton played a major role in the American Revolutionary War. At the start of the war in 1775, he organized an artillery company and was chosen as its captain. He later became the senior aide to General Washington, the American forces’ commander-in-chief. Washington sent him on numerous important missions to tell generals what Washington wanted. In 1798-99, Hamilton called for mobilization against France after the XYZ Affair and secured an appointment from President John Adams as commander of a new army, which he readied for war. However, the Quasi-War, while hard-fought at sea, was never officially declared and did not involve army action. In the end, Adams found a diplomatic solution which avoided a land war.

Born out of wedlock to a Scottish-French mother and raised in the West Indies, Hamilton was orphaned at about age 11. Recognized for his abilities and talent, he was sponsored by people from his community to go to North America for his education. He attended King’s College (now Columbia University), in colonial New York.[1] After the war, Hamilton was elected to the Congress of the Confederation from New York. He resigned, to practice law, and founded the Bank of New York.

Hamilton was among those dissatisfied with the Articles of Confederation—the first attempt at a national governing document—because it lacked an executive, courts, and taxing powers. He led the Annapolis Convention, which successfully influenced Congress to issue a call for the Philadelphia Convention, in order to create a new constitution. He was an active participant at Philadelphia; and he helped achieve ratification by the thirteen states, by writing 51 of the 85 installments of the The Federalist Papers, which supported the new constitution. To this day, The Federalist Papers are the single most important reference for Constitutional interpretation.[2]

In the new government under President George Washington, Hamilton was appointed the Secretary of the Treasury. An admirer of British political systems, Hamilton was a nationalist, who emphasized strong central government and successfully argued that the implied powers of the Constitution provided the legal authority to fund the national debt, assume states’ debts, and create the government-owned Bank of the United States. These programs were funded primarily by a tariff on imports, and later also by a highly controversial excise tax on whiskey.

Embarrassed when an extra-marital affair became public, Hamilton resigned his Cabinet position in 1795 and returned to the practice of law in New York. He kept his hand in politics and was a powerful influence on the Cabinet of President Adams (1797–1801). Hamilton’s opposition to Adams’ re-election helped cause his defeat in the 1800 election. When in the same contest, Thomas Jefferson and Aaron Burr tied for the presidency in the electoral college, Hamilton helped defeat Burr, whom he found unprincipled, and to elect Jefferson despite philosophical differences.

After failing to support Adams, the Federalist Party candidate, Hamilton lost some of his national prominence within the party. Vice President Burr later ran for governor in New York state, but Hamilton’s influence in his home state was strong enough to again prevent a Burr victory. Taking offense at some of Hamilton’s comments, Burr challenged him to a duel and mortally wounded Hamilton, who died the next day.

Constitution and The Federalist Papers

In 1787, Hamilton served as assemblyman from New York County in the New York State Legislature and was the first delegate chosen to the Constitutional Convention. Even though Hamilton had been a leader in calling for a new Constitutional Convention, his direct influence at the Convention itself was quite limited. Governor George Clinton‘s faction in the New York legislature had chosen New York’s other two delegates, John Lansing and Robert Yates, and both of them opposed Hamilton’s goal of a strong national government. Thus, whenever the other two members of the New York delegation were present, they decided New York’s vote; and when they left the convention in protest, Hamilton remained but with no vote, since two representatives were required for any state to cast a vote.

Alexander Hamilton

Legacy

Hamilton’s interpretations of the Constitution set forth in the Federalist Papers remain highly influential, as seen in scholarly studies and court decisions.[144]

From his first days as a cabinet member Hamilton set a precedent by formulating federal programs, writing them as reports, pushing for their approval by arguing for them in person on the floor of the United States Congress, and then implementing them. Hamilton and the other Cabinet members were vital to Washington, as there was no executive branch under the Articles of Confederation, and the Cabinet itself is unmentioned in the Constitution that succeeded it.

Read more:

http://en.wikipedia.org/wiki/Alexander_Hamilton

US Constitution Series 13: American Safety from Human Corruption

US Constitution should Provide Safety for Americans from Corruption in their Leaders

keyPower corrupts. Absolute power corrupts absolutely. ~Edmund Burke

The Founders’ Basic Principles: 28 Great Ideas that changed the world
5000leapThe practical application of this book review of Skousen’s educated wisdom is to leverage “We, The People’s” knowledge to easily expose ignorance, anarchy and tyranny, and hold the government accountable.
From The 5,000 Year Leap—A Miracle that Changed the World By W. Cleon Skousen

US Constitution Series 13: The Constitution should protect the people from the human frailties of their rulers

 

Distrust of Power Not Necessarily Disrespect For Leaders

The Founders had more confidence in the people than they did in the leaders of the people, especially trusted leaders, even themselves. They felt the greatest danger arises when a leader is so completely trusted that the people feel no anxiety to watch him.

alexanderhamiltonAlexander Hamilton:

For it is a truth, which the experience of all ages has attested, that the people are commonly most in danger when the means of injuring their rights are in the possession of those [toward] whom they entertain the least suspicion. (Federalist Papers, No. 25, p.164)

Every unconstitutional action has usually been justified because it was for a “good cause.” Every illegal transfer of power from one department to another has been excused as “necessary.”

jeffersontyrannygovThomas Jefferson

In questions of power, then, let no more be said of confidence in man, BUT BIND HIM DOWN FROM MISCHIEF BY THE CHAINS OF THE CONSTITUTION. (emphasis added) Skousen, 164

George Washington

George WashingtonGovernment is not reason, it is not eloquence—it is force! Like fire, it is a dangerous servant and a fearful master.

Leaders Are Not Angels, But Fragile Human Beings

James Madison saw the problem of placing power in the hands of fallible human beins who, by nature, contain a complexity of elements reflecting both good and evil. the purpose of a constitution is to define the area in which a public official can serve to his utmost ability, but at the same time provide strict limitations to chain him down from mischief. In every human being there is a natural tendency to practice Parkinson’s law of perpetual expansion and to exercise personal proclivities toward ego-mania and self-aggrandizement. (Skousen, 165)

madisontyrannydefineJames Madison

It may be a reflection on human nature that such devices [as Constitutional chains] should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? … If angels were to govern men, neither external nor internal controls on government would be necessary.

I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations …This danger ought to be wisely guarded against.

Why the Original Constitution Will Never Be Obsolete

constitution2And that is what the Constitution is all about—providing freedom from abuse by those in authority. Anyone who says the American Constitution is obsolete just because social and economic conditions have changed does not understand the real genius of the Constitution. It was designed to control something which HAS NOT CHANGED AND WILL NOT CHANGE—NAMELY, HUMAN NATURE. (Skousen, 166)

Next—

Principle 14: Life and Liberty are Secure Only so Long as the Right to Property Is Secure

US Constitution Series 12: Democracy Attacks American Republic

 

U.S. Constitution Series 1: Founding Fathers and Cicero

U.S. Constitution Series 1:

Founding Fathers and Cicero

Cicero was born January 3, 106 B.C.

The Founders’ Basic Principles: 28 Great Ideas that changed the world

keyWorldly philosophies endeavor to blur the distinction between good and evil and eliminate accountability. However, the foundation of Natural Law (the law of the Creator) is the reality of good and evil. The U.S. Constitution was successful in creating a free and prosperous society because its foundation of Natural Law is based on moral accountability to a just God. ~C.A. Davidson

5000leapFrom The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

1. First Principle: the Genius of Natural Law

(Notes from pp. 37-47)

What is Natural Law?

The Creator’s order of things is called Natural Law.

The only reliable basis for sound government and just human relations is Natural Law.

Cicero

Cicero cut through the political and philosophical errors of both Plato and Aristotle to discover the touchstone of good laws, sound government, and the long-range formula for happy human relations. (p.37) He was the only Roman political writer who has exercised enduring influence throughout the ages. He studied law in Rome and philosophy in Athens.

Cicero’s compelling honesty led him to conclude that once the reality of the Creator is clearly identified in the mind, the only intelligent approach to government, justice, and human relations is in terms of the laws which the Supreme Creator has already established.

In the Declaration of Independence Jefferson referred to the “laws of Nature and of Nature’s God.”

In Natural Law we are dealing with factors of absolute reality.

Since the Biblical God is the author of Natural Law, the first two great commandments indicated by Jesus Christ provide the standard for government and human relations.

Internal and External Government

Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things, that men of intemperate minds cannot be free. ~Edmund Burke

1. The first great commandment is to love and honor God (the God of Israel).  The simplest way to honor God is to abide by the Ten Commandments. These provide moral absolutes, which if obeyed, build in us a strong internal government, or good moral character.

2. The second great commandment is to “love thy neighbor as thyself.” This commandment is based on love. When we serve our fellow man, we are serving God. Jesus taught that we should treat others as we would like to be treated. If we have strong internal government, (we discipline ourselves and do no harm to others, by our own choice), then there is little need for much external government, which forces people to obey the rules of civilization.  Internal government is based on love of God, ourselves, and our neighbors. External force is not based on love.

Legislation in Violation of God’s Natural Law is a Scourge to Humanity

All Law Should Be Measured against God’s Law

ciceroCicero set forth the means by which people may discern between good and evil laws. All laws must be measured by God’s Law, which he described as follows:

Therefore Law [of the Creator] is the distinction between things just and unjust, made in agreement with that primal and most ancient of all things, Nature; and in conformity to Nature’s standard are framed those human laws which inflict punishment upon the wicked and protect the good. (Dr. William Ebenstein, Great Political Thinkers, p. 135)

It was clear to Cicero as he came toward the close of his life that men must eliminate the depravity that had lodged itself in society. He felt they must return to the high road of Natural Law. They must pledge obedience to the mandates of a loving and concerned Creator. (Skousen, pp. 45-46)

The Following are Examples of concepts based on Natural Law

  • Unalienable rights
  • Unalienable duties
  • Habeas Corpus
  • Limited government
  • Separation of powers
  • Checks and balances to correct abuses by peaceful means
  • Right of contract
  • Laws protecting the family and the institution of marriage
  • Justice by reparation or paying for damages
  • Right to bear arms
  • No taxation without representation

Principle # 2:  Moral and Virtuous Leaders

Constitutional Law: Constitution Article 3 vs. Judicial Tyranny

Constitutional Law:

American Thinker

Constitution Article 3 vs. Judicial Tyranny

Judicial Tyranny and What to Do about It

By Jon N. Hall, American Thinker

 

What can be done to rein in a runaway federal Judiciary?

It is thought that the only way to deal with misbehaving judges is impeachment. Impeachment is a difficult means of dealing with rogue federal judges, and it may be even more difficult once the House is taken over by Democrats in January. In 2006, however, the Yale Law Journal ran “Removing Federal Judges without Impeachment” by Saikrishna Prakash and Steven D. Smith, who argue that judges can be removed through other means than impeachment.  They examine the history of the term “good behavior,” as required by the second sentence of Article III:

Those who think judges may only be removed by impeachment might suppose that history reveals that “good Behaviour” was a term of art that meant something like “tenure for life defeasible only by impeachment.”  History actually proves that good behavior was independent of impeachment.

It doesn’t seem right that one person in one branch of government can summarily stop the activities of another branch of government.  Something needs to be done.  But if impeachment is too much, then what’s to be done about these lower-court judges throwing monkey wrenches into the executive?  At the very least, appeals of these injunctions need to be greatly expedited.

Article III of the U.S. Constitution outlines the role of the Judiciary in our system.  It’s rather shorter than the first two articles, as it consists of 377 words and can easily fit on a single page.  In the first sentence of Article III, we read 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.”

Article III gives Congress the authority to create and to destroy “inferior courts.”  

Article III gives Congress the authority to create and to destroy “inferior courts.”  During our entire history, such federal courts have been abolished only twice.  There was the Judiciary Act of 1801 that backed out the “midnight judges” of President Adams.  Then there was the short-lived Commerce Court in 1913.

Except for the Supreme Court, it would seem that Article III gives the Congress carte blanche to abolish the entire federal judiciary.

If such a radical reorg of the judiciary seems “a bridge too far” right now, then perhaps Congress could abolish just the Ninth Circuit – just to send a message.

American Thinker: The Tyranny of the Judiciary and What to Do about It

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