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Legitimate powers of Congress

11/12/2013

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“With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.” “The powers delegated by the proposed Constitution to the federal government are few and defined . . . to be exercised principally on external objects, as war, peace, negotiation, and foreign commerce." "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

-- James Madison, the father of the U.S. Constitution, fourth U.S. President

“Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

-- Thomas Jefferson, third U.S. President

“Mr. Speaker: I have as much respect for the memory of the deceased, and as much sympathy for the suffering of the living, if there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has not the power to appropriate this money as an act of charity. Every member on this floor knows it. We have the right as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right to appropriate a dollar of the public money.”

-- Congressman Davy Crockett

“I cannot find any authority in the Constitution for public charity.”

-- President Franklin Pierce
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"Don't Worry They Won't Feel A Thing" "pro-lifers"

6/18/2013

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Tom Hoefling

The "pro-life" "Republicans" in the U.S. House, at the behest of the National Right to Life Committee, are slated to take up a bill today that would codify permission for certain professional killers to murder paraplegics, or to kill any person for that matter, if they are first given enough morphine to make sure that they don't feel any pain.

Okay, not really.

But they are offering legislation that is just as capricious, illogical, unreasonable, unconstitutional, and immoral. They are forwarding the "Pain Capable Unborn Child Protection Act" (H.R. 1797). This legislation recognizes the personhood of the child in the womb, and then specifically allows abortionists to kill them, if the child has not yet reached a certain stage of human development.

But the constitutional criteria is not whether or not someone can feel pain. It is whether or not they are a PERSON.

"No person shall be deprived of life without due process of law." - the Fifth Amendment

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." - the Fourteenth Amendment


I will never support any politician who supports the codification of this sort of lawless law. I have so pledged, as has everyone I most closely associate myself with politically.

Every argument in favor of this bill is Utilitarian, not moral or constitutional, by the way. And I am not a godless Utilitarian. I am a Christian.

And Utilitarian fixes don't work anyhow. Not only are they wrong, in the long haul they always prove to be an abject defeat, not a victory. Because to buy into them, you have to first surrender all of the moral, constitutional, and legal principles that argue against the heinous practice of killing babies.
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No Constitutional authority for public charity

1/16/2013

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"I cannot find any authority in the Constitution for public charity. [To approve the measure] would be contrary to the letter and spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded."

-- President Franklin Pierce, 1854 veto of a measure to help the mentally ill

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John Adams: "A constitution founded on these principles..."

12/26/2012

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"A constitution founded on these principles introduces knowledge among the people, and inspires them with a conscious dignity becoming freemen; a general emulation takes place, which causes good humor, sociability, good manners, and good morals to be general. That elevation of sentiment inspired by such a government, makes the common people brave and enterprising. That ambition which is inspired by it makes them sober, industrious, and frugal."

-- John Adams, Thoughts on Government, 1776
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Reject the Big Lie: Abortion is NOT ‘the law of the land’ - TOM HOEFLING

11/15/2012

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EqualProtectionforPosterity.com

By Tom Hoefling, November 15, 2012

The practice of human abortion violates every single clause of the stated purposes of the United States Constitution, the Supreme Law of the Land, and its explicit, imperative requirements. It is the worst sort of lawless rebellion against the laws of nature and of nature’s God.

The stated purposes of the Constitution of the United States, the Supreme Law of the Land:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." 

Abortion is NOT "the law of the land." 

The idea that it is the law of the land is the biggest, most destructive lie ever told in America. 

The Supreme Law of the Land states as its first purpose the formation of a more perfect Union. The practice of human abortion destroys the most fundamental familial bonds that unite humanity, the natural ties between a mother and her child, destroys the unity of families and communities, and is well on its way to destroying the Union we call America. 

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the establishment of Justice. There can be no greater physical injustice committed towards any innocent person than to murder them.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the insuring of domestic Tranquility. The practice of human abortion is the cruelest violence that could possibly be committed against women, children, and their families. It has, in fact, filled our land with violence, burdening the national conscience with guilt for the shed blood of countless tens of millions of innocent little boys and girls.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the provision of the common Defense. That is, by definition, the defense of ALL persons in America. The practice of human abortion is the destruction of the child AND the destruction of Equality.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the promotion of the general Welfare. That is, by definition, the welfare, or well-being, of ALL persons in America. Again, the practice of human abortion is the destruction of the child AND the destruction of Equality.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the securing of the Blessings of Liberty to ourselves and our Posterity. The practice of human abortion has already obliterated nearly an entire generation, depriving each individual victim of any possible chance to enjoy any of the Blessings of Liberty, and, by erasing entire bloodlines, it is obliterating Posterity itself.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land, in the Fifth Amendment, explicitly and imperatively forbids the killing of any innocent person, the willful destruction of any person who has not been charged, tried, and convicted of a capital offense. Abortion is the grossest violation of Due Process imaginable.

"No person shall be deprived of life without due process of law." -- The Fifth Amendment to the United States Constitution

Abortion is NOT "the law of the land." 

The Supreme Law of the Land, in the Fourteenth Amendment, explicitly and imperatively requires every State in the Union to equally protect the right to life of every innocent person, and requires that each and every person be provided with the Equal Protection of the laws by each State. The practice of human abortion is the grossest violation of Equal Protection imaginable.

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- The Fourteenth Amendment to the United States Constitution

Even if abortion was "the law of the land," which it is not, any such lawless law or constitution would be NULL AND VOID anyway, grossly violating as it must the first Law of Nature, which is the absolute right and DUTY of the people, and of ALL governments, to protect innocent life, individual liberty, and private property.

"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature." -- Samuel Adams, The Rights of the Colonists, the Report of the Committee of Correspondence to the Boston Town Meeting, November 20, 1772

"An unjust law is no law at all." – St. Augustine of Hippo

"Good and wise men, in all ages...have supposed, that the Deity, from the relations, we stand in, to Himself and to each other, has constituted an eternal and immutable law, which is, indispensably, obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature, which, being coeval with mankind, and dictated by God himself, is, of course superior in obligation to any other.  It is binding over all the globe, in all countries at all times.  No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately or immediately, from this original." -- William Blackstone

"When human laws contradict or discountenance the means, which are necessary to preserve the essential rights of any society, they defeat the proper end of all laws, and so become null and void." -- Alexander Hamilton

Not only is the practice of human abortion NOT “the law of the land,” it COULD NOT BE the law of a land premised as this one is in a clear understanding and acknowledgment of the laws of nature and of nature’s God. 

"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..."
 -- The Declaration of Independence

Every elected executive, every legislator, every judge, that allows the practice of human abortion to continue anywhere in America is in gross violation of their sacred oath of office. They have, as our constitutional republic’s founders charged against King George III in our nation’s charter, the Declaration of Independence, “abdicated government here by declaring us out of [their] protection and waging war against us.”

They must, by any and all lawful means, be removed and replaced by those who understand the foundations for law in America and the most fundamental and important obligations of their oaths.

That, by the mercy and grace of God, is the only hope we have to prevent the further destruction of America. 

Sign the Equal Protection for Posterity Resolution here: http://www.equalprotectionforposterity.com/the-equal-protection-for-posterity-resolution.html
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Tom Hoefling: The coup d'etat against the Constitution of the United States

10/26/2012

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"Unprincipled modern American politicians have made the phrase 'the general welfare' mean the exact opposite of what it actually means. And by changing the meaning of these two simple words they have wrought what amounts to a coup d'etat against the Constitution of the United States. Instead of our representatives dispassionately, objectively, looking to the interests of the whole body of the people as they ought, while securing the unalienable rights of the individual, they now turn a blind eye to the alienation of the God-given rights to life, liberty and property, while robbing the Treasury and their constituents to spend money they are not legitimately authorized to spend on favored individuals and groups, for the aggrandizement of their own political power."

-- Tom Hoefling, October 26, 2012

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Where have the Republicans gone?

10/7/2012

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There were once Republicans like this, before the GOP establishment eradicated them:

“I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution, or that have failed their purpose, or that impose on the people an unwarranted financial burden. I will not attempt to discover whether legislation is “needed” before I have first determined whether it is constitutionally permissible. And if I should later be attacked for neglecting my constituents’ “interests,” I shall reply that I was informed that their main interest is liberty and that in that cause I am doing the very best I can."

-- Barry Goldwater
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Thomas Jefferson: "Bind him down from mischief by the chains of the constitution"

8/4/2012

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"[I]n questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution..."

-- Thomas Jefferson, Kentucky Resolutions, 1798
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If it isn't enumerated it isn't legitimate

7/10/2012

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James Madison: The subversion of the very foundations of limited government in America

7/6/2012

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"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress. Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."

-- James Madison, Speech on the Cod Fishery Bill, Feb. 7, 1792


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Thomas Jefferson: "Lace them up straightly within the enumerated powers"

6/7/2012

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"It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please. Certainly no such universal power was meant to be given them. It [the Constitution] was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect."

-- Thomas Jefferson, Opinion on a National Bank, 1791

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Equal Protection for Posterity: The Key to America's Survival

5/24/2012

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The Equal Protection for Posterity Resolution

America's Party Platform (Includes the Resolution)

America's Party Leadership Pledge (Includes the Resolution)

Tom Hoefling: I Believe (Includes the Resolution)

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George Washington: The Constitution is sacredly obligatory on all

5/19/2012

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"The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all."

-- George Washington, Farewell Address, September 17, 1796
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U.S. Constitution: Presidential protection of life, liberty, and property

4/13/2012

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"...he shall take Care that the Laws be faithfully executed...."

--U.S.Constitution, Article II, Section 3, concerning the obligations of the President

"No person shall be...deprived of life, liberty, or property, without due process of law...."

--U.S. Constitution, Amendment V, part of the Laws which the President is to ensure are faithfully executed

"'I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.'"

--U.S. Constitution, Article II, Section 1, containing the words of the oath which the President takes upon entering office
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John Adams: "Our Constitution is designed only for a moral and religious people"

4/12/2012

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"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge or gallantry would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other."

-- John Adams

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Alexander Hamilton: "Prevented from overpassing their constitutional limits"

4/10/2012

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"This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by a certain rivalship, which will ever subsist between them."

-- Alexander Hamilton, speech to the New York Ratifying Convention, 1788

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James Madison: The remedy for annulling the acts of the usurpers

4/10/2012

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"What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and  exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them...the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers."

-- James Madison, Federalist No. 44


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Constitution 101 - "Abraham Lincoln and the Constitution"

4/9/2012

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Abraham Lincoln: "The rightful masters of the Congress and the Courts"

4/6/2012

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Thomas Jefferson: Power must be restrained by law

4/3/2012

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"In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

-- Thomas Jefferson
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General Douglas MacArthur: A dangerous concept

4/2/2012

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"It is a dangerous concept that men of the armed forces must owe their primary allegiance to these temporary occupants of The White House, instead of to the country and the Constitution to which they have sworn to defend."

-- General Douglas MacArthur

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Americans Are Worrying About the Constitution Again

4/2/2012

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The Patriot Post

Michael Barone

"Liberal commentators were shocked this past week when in three days of oral argument in the lawsuits challenging Obamacare, five Supreme Court justices -- a majority -- asked questions strongly suggesting they think the legislation is unconstitutional. ... [T]he justices are not the only federal officials who take an oath to uphold the Constitution. So do the president and vice president, Cabinet members and other appointees, and every member of Congress. ... That means that every federal official has an obligation to act in line with the Constitution as he or she understands it. And that doesn't necessarily mean obeying Supreme Court decisions. ... Clearly the two parties are divided on the constitutionality of the Obamacare mandate. Polls have shown large majorities of voters think the provision is unconstitutional, though one can wonder whether many have given the matter much thought. But they're certainly giving it more thought after this week and will likely give it more when the decision comes down. Voters can reasonably ask candidates for Congress their views on this and other constitutional issues and call on them to vote against measures they consider beyond Congress' constitutional powers."

Read this story at patriotpost.us ...

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"ABO"? How about "ABTC, Anybody But a Traitor to the Constitution"?

3/23/2012

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"The Republican Establishment 'ABO, Anybody But Obama' meme that is now being repeated again and again across America is disgusting, mindless and completely unprincipled. It is the signal that Barack Obama is now the plumb line for some people, not principle. Very sad.

As dangerous and damaging as another term for Obama might be, that doesn't even approach the danger and the damage that will be done to this republic by the continued abandonment of all principle by those who call themselves 'conservative.'"

-- Tom Hoefling, March 23, 2012

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Our Constitutions are the instruments of the people, not of the lawyers

3/21/2012

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"Every word employed in the Constitution is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify, or enlarge it. Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, rounded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings. The people make them, the people adopt them, the people must be supposed to read them, with the help of common-sense, and cannot be presumed to admit in them any recondite meaning or any extraordinary gloss."  

-- Joseph Story, Constitution (5th ed.) 345, SS 451.

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Benjamin Franklin: Nothing is certain but death and taxes

3/21/2012

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"Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes."

-- Benjamin Franklin, letter to Jean-Baptiste Leroy, 1789

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'Our liberties we prize and our rights we will maintain.'

Tom Hoefling on Government:


"Just as 'good fences make for good neighbors,' good government is mainly about knowing where the legitimate boundaries are, and having the courage to defend those borders forcefully. This is true in terms of the defense of our territory, our security, and our national sovereignty, but it also applies to the sworn duty of all of those in government to equally protect the God-given, unalienable rights of each individual person, from their creation onward, their sacred obligation to stay well within the enumerated powers of our constitutions, and of the role legitimate government must play in balancing the competing rights and interests of the people, in order to establish justice."

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