-- Tom Hoefling
"Moral, constitutional, republican self-government in liberty cannot possibly co-exist with socialism, with Islam, with the homosexual agenda, or with the practice of human abortion. One absolutely precludes the other, sooner or later.. Pick a side, because it is an existential fight to the finish, whether you like it or not."
-- Tom Hoefling
As part of an ongoing discussion we have been having with certain influential national conservative Christian leaders concerning the dangerous, destructive fallacy of judicial supremacy, my wife Siena penned the response below. It is so good, and so important, that I asked her permission to republish it to a wider audience. I hope and pray that every reader will give serious thought to what she is saying. -- Tom H.
As we take the time to sort out the implications of the ongoing state-by-state attack on marriage, with the courts the primary culprits, I believe that most of us are still in the learning phase when it comes to the powers of the executive and legislative branches to check the judiciary.
Given the importance of the matter, anything and everything should be constitutionally explored to preserve our good inheritance for future generations.
Our federalist system was designed to preserve that inheritance as long as possible. When a state takes a blow in a manner destructive of its constitutional institutions, the federal government is most especially obliged to act.
We cannot lose sight of Article IV in the U.S. Constitution. Section 4 requires that the states (and the people) retain the ability to make laws to govern themselves. We read:
"The United States shall guarantee to every state in this union a republican form of government[.]"
This means, for instance, that an oligarchy of any sort is prohibited in the states. None but a state-by-state republic is permitted or guaranteed. And we know the word "guarantee" is a legal term, that carries with it the expectation of power and obligation to enforce the promise made.
The federal government is the body charged in Article IV with direct obligatory oversight, as an extra layer of protection to liberty, in order to secure the ability of the people in each state to make laws in their republic.
No branch of government anywhere, whether at the state or federal level, has the constitutional authority to impose oligarchical rule upon the body of the people. Nor does the Constitution tie our hands, or the hands of the chief executive and legislature, when the states are under attack. In its full context, Article IV, Section 4, explicitly names the executive and legislative branches as the chief instruments charged to provide ultimate protection to the states, to fulfill the purpose of federalism in the Constitution:
"The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence."
When it comes to judicially-imposed radicalism, the Founders did not leave us without recourse. The federal government, in particular the executive and legislative branches, is bound by contract to make good on the republican guarantee of Article IV.
We are designed to be a nation of law, not of caprice. And "we the people" fought a revolution against tyrannical caprice just for the opportunity to make law in harmony with the laws of nature. If we look more closely at the legal instrument our Founders created, we see that they did not leave us unprotected. All we have lacked in modern times is the election of individuals who are wise and courageous enough to uphold their oath to preserve, protect, and defend the Constitution of the United States.
P.S. On the question of federal involvement in marriage, you may take a look at the Utah Enabling Act of 1894, in which Congress required the prohibition of polygamy for statehood. The Act fulfilled the obligation of Article IV, Section 2, to put the new state of Utah on equal footing with the original states. Article IV, Section 2, requires: "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states."
Civil recognition of marriage between a man and wife is one of the primary privileges of a civil society. Inescapably, the federal government has the authority and duty to safeguard the exercise of that privilege for every state, in order to constitutionally "insure domestic tranquility."
For domestic tranquility's sake, the federal government maintains the power to oversee a singly exclusive form of marriage in all of the states, to thereby defend for posterity the natural obligations owed by parentage.
P.P.S. No matter its use, the word "domestic," Latin for "house," is inseparable from the idyllic concept of family life: father, mother, child. Even in the national sense, the word "domestic" alludes to family. As Webster's 1828 dictionary puts it, "Domestic . . . 4. Pertain[s] to a nation considered as a family." So it is that domestic violence hits us closest to home. I cannot help but think of Article IV, Section 4, in the context of abortion: a domestic violence in the closet possible place--the womb.
My speech last night in Cedar Rapids, via C-SPAN.
"The way I see it, there are the RepubliCANs and the RepubliCAN'Ts. The RepubliCAN'Ts say that they can't fight Barack Obama and the Democrats on anything, that they can't do anything about the abortion holocaust, or the homosexual agenda which is destroying marriage and the natural family, or the out-of-control judges, or the out-of-control spending and debt creation, or our out-of-control borders. RepubliCANs not only know that we CAN do something about those things which are destroying our country, but that we MUST, before it is too late."
-- Tom Hoefling
"In my public life I aspire to be naught but a figurehead, for the One Who made us, for self-evident truth, for principle, for right, for We the People, for Posterity, to be the truest representation of the foregoing I can be, in the land of the free, the home of the republican, constitutional form of representative self-government that our forebears sacrificed, and bled, and in some cases died, to give us."
-- Tom Hoefling, March 29, 2013
"It is the manners and spirit of a people which preserve a republic in vigor. A degeneracy in these is a canker which soon eats to the heart of its laws and constitution."
-- Thomas Jefferson, Notes on the Virginia Query 19, 1781
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." "All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression."
"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."
"The republican is the only form of government which is not eternally at open or secret war with the rights of mankind."
"Nothing is unchangeable but the inherent and unalienable rights of man."
-- Thomas Jefferson
"Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing."
"I favor the Civil Rights Act of 1964 and it must be enforced at gunpoint if necessary."
-- Ronald Reagan
"If, then, the control of the people over the organs of their government be the measure of its republicanism, and I confess I know no other measure, it must be agreed that our governments have much less of republicanism than ought to have been expected; in other words, that the people have less regular control over their agents, than their rights and their interests require."
-- Thomas Jefferson, letter to John Taylor, 1816
"There is no good government but what is republican...a republic is 'an empire of laws, and not of men'...a republic is the best of governments, so that particular arrangement of the powers of society, or in other words, that form of government which is best contrived to secure an impartial and exact execution of the law, is the best of republics."
-- John Adams, Thoughts on Government, 1776
"The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people."
--George Washington, First Inaugural Address, 1789