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Showing posts with label 10th Amendment. Show all posts
Showing posts with label 10th Amendment. Show all posts

Saturday, June 1, 2013

SECRECY AND STATES' RIGHTS: THE CONSTITUTIONAL CONVENTION OF 1787 BEGINS


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Secrecy and States’ Rights: The Constitutional Convention of 1787 Begins

Constitutional ConventionOn Tuesday, May 29, 1787, two very important delegates arrived in Philadelphia for the Constitutional Convention: John Dickinson of Delaware and Elbridge Gerry of Massachusetts.
With the arrival of these two eminent representatives, the necessary quorum of seven states was present in the State House and a very critical and controversial rule was soon to be enacted: the Secrecy Rule.
Two days before the rule was adopted, George Mason of Virginia wrote his son, saying:
It is expected our doors will be shut, and communications upon the business of the Convention be forbidden during its sitting. This, I think, myself, a proper precaution to prevent mistakes and misrepresentation until the business shall have been completed, when the whole may have a very different complexion from that in which the several crude and indigested parts might, in their first shape, appear if submitted to the public eye.
James Madison, the young, slight, sickly, and superbly prepared delegate from Virginia, sounded a very similar tone in a letter to his friend and neighbor — Thomas Jefferson. After voting in favor of the Secrecy Rule, Madison wrote, “It was thought expedient, in order to secure unbiased discussion within doors and to prevent misconceptions and misconstructions without, to establish some rules of caution, which will for no short time restrain even a confidential communication of our proceeding.”
Jefferson, living in Paris, was not persuaded as to the propriety of the gag order, however. In a letter to John Adams in London, Jefferson decried the rule, saying, “I am sorry they began their deliberations by so abominable a precedent as that of tying of the tongues of their members. Nothing can justify this example but the innocence of their intentions and ignorance of the value of public discussions.”
Others were similarly disposed regarding the Secrecy Rule. Regardless, the requirement of keeping mum was imposed on the delegates and even newspapers of the time commented on the hush-hush historic happenings occurring inside the State House.
An opinion piece published in several newspapers around the country expressed the vexation of the press at being kept in the dark during the summer of 1787. It read:
Such circumspection and secrecy mark the proceedings … that the members find it difficult to acquire the habits of communication even among themselves, and are so cautious in defeating the curiosity of the public that all debate is suspended on the entrance of their own officers. The anxiety of the people must be necessarily increased by every appearance of mystery in conducting this important business.
How strictly was the Secrecy Rule enforced? Consider this anecdote from William Pierce, a delegate from Georgia, as evidence:
Early in the sessions, one of the delegates dropped a copy of the propositions which were before the Convention for consideration, and it was picked up by another of the delegates and handed to General Washington. After the debates of the day were over, just before putting the question of adjournment, Washington arose from his seat and reprimanded the member for his carelessness. “I must entreat gentlemen to be more careful, lest our transactions get into the newspapers, and disturb the public repose by premature speculations. I know not whose paper it is, but there it is (throwing it down on the table), let him who owns it take it.” At the same time, he bowed, picked up his hat, and quitted the room with a dignity so severe that every person seemed alarmed…. It is something remarkable that no person ever owned the paper.
That doesn’t seem remarkable at all! As others could attest (I’m looking at you, Gouveneur Morris), there is no rebuke quite as severe as a George Washington rebuke.
James Madison, Alexander Hamilton, and others were likewise convinced that permitting the public to participate or even comment on the deliberations would have “prevented any satisfactory result,” to use Hamilton’s words.
We’ll never know.
We do know, however, that the Secrecy Rule was invoked and, for the most part, followed from May to September, 1787 as the rough plan for a new government was refined by the delegates from 12 of the 13 states gathered in Philadelphia.
Thirty-three years old and already governor of the Old Dominion, standing nearly six feet tall and possessed of a magnetic air of aristocracy and erudition, Virginia’s Edmund Randolph rose and, in the words of James Madison, “opened the main business.”
After spending the previous day hammering out the rules (“this was an age of formal manners,” observed Catherine Drinker Bowen), the delegates were ready to hit the ground running, revising — they thought — the Articles of Confederation.
Randolph and his Virginia colleagues had another idea, however. In consultations at the Indian Queen pub held prior to the opening of the “main business,” Randolph and his fellow Virginia delegates received from James Madison a draft of a plan of a federal government (the Virginia Plan) that scrapped the Articles altogether, replacing it with Madison’s vision.
Within the 15 resolutions of the Virginia Plan, a new national government was proposed. A government of three branches — legislative, executive, and judicial — was laid out. The legislative branch would be bicameral, with an upper and lower body.
Although Hollywood has portrayed the reaction of the representatives at the convention as one of shock, the reality as reported by Madison and Robert Yates of New York was much more sangfroid.
In his chronicle of the convention, Yates adds one detail that Madison omits. According to Yates, Edmund Randolph made no secret of his intent (and by extension, the intent of James Madison) to see the Articles of Confederation supplanted by a new, more robust, national government.
Yates quotes Randolph admitting that the resolves of the Virginia Plan “were not intended for a federal government — he meant a strong consolidated union, in which the idea of states would be nearly annihilated.”
Despite Yates’ flair for the dramatic, it is all but certain that Randolph neither made that comment nor did he or any of his fellow Virginians desire such a destruction of the states.
The aforementioned recipient of Washington’s wrath — Gouveneur Morris of Pennsylvania — wrote a letter evincing the prevailing preoccupation of repairing of the union without throwing the baby of state sovereignty out with the dirty bathwater of weaknesses of the Articles of Confederation. Morris wrote that the dilemma facing the convention was “how to arrange a National system of Government of sufficient strength to operate in despite of State opposition, and yet not strong enough to break down State authority.”
Over the next three and half months, the 55 (or fewer, on any given day) men gathered at the State House in Philadelphia would confront that very issue over and over again.
There were among them those with more nationalist tendencies (Alexander Hamilton) and those who would have preferred a less dynamic union (George Mason). This difference would define the convention day in and day out as the various “resolves” of the Virginia Plan were debated.
It is impossible to know what final form the Constitution would have taken — if any — had the press and the public been given access or information. History is not typically kind to secrets, particularly the kind that create new governments.
Our own experiment with self-government and federalism continues and ironically, the government established by the Constitutional Convention of 1787 too often envelops itself in a similar shroud of secrecy, worn to mask its efforts to dismantle the very freedoms protected by the product of that historic convention.
Over the next few months, a series of articles in The New American will chronicle the clashes and compromises that seeded the soil from whence grew the very tree of a federal government that now bears such poisonous fruit.
Originally published at The New American and reposted here with permission from the author.

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Saturday, December 8, 2012

FL SEN. DON GAETZ VS. KRISANNE HALL AND PATRICK HENRY

Dear Fellow Libertarian,
 
I am in a bit of a quandary over this.  Don Gaetz has always had a misguided view of the Constitution and what a Federal system is supposed to mean, but I would never have thought he’d go this far in a public statement.  He has sort of become the “friendly uncle” among local Panhandle politicians.  On the other hand, I’ve come to respect the opinions of Krisanne Hall, and to a certain extent to trust what she says, because I’ve spoken with, read, and listened to her numerous times.
 
Libertarians know bad government is about using force to make everyone do as only a few want, but that happens so much nowadays that most people think there is no other way.  One of the few legitimate roles of government is to prosecute criminals who use force to get what they want from their neighbors, but to imply those who favor nullification should be shot or hanged is reprehensible, especially coming from an elected official.
 
There is always the thought that this article could be written by a crank with an ax to grind, but Krisanne Hall is no crank.
 
Don Gaetz’s problem is more than just public relations.  He can talk all day long about how he loves the Constitution, and how big government is bad, but unless he actually lives by those principles, nothing gets better.  The budgets gets bigger and more extensive, the central powers accrue even more power (such as the Federal government), the economy gets worse, and you get State Senators calling for force on those who have not used force on others.  That’s a very bad development.
 
Eventually, people start waking up and saying “Gee, I can’t start a business or even find work, my rights always come second to the government’s, I am being ordered around by all these government officials, and if I don’t comply, I go to jail.  I didn’t sign up for this.”   They then start voting with their feet, as I like to say.
 
Despite his election landslide this past November, I do not think 76% of the Panhandle voters wanted this from their State Senator.  Pity, because we have it now. 
 
They should look more at being a libertarian.  
 
Regards
Pete
 
 

Republican Florida Senate President Calls for Hangings of Opponents?

December 6, 2012 · Posted in Civil Liberties, News, Opinion
3 Votes

By Krisanne Hall
I met Senate President Don Gaetz after speaking to the Senate Committee on Healthcare Exchanges. I explained to him that I wanted to teach on nullification and why the Healthcare Act is unconstitutional. He mocked the Founders of the this nation to my face, implying they are irrelevant to the interpretation of the Constituion. He laughed at my support of Constitutional principles. He then shouted out to me as he left the room that he wouldn’t read anything that I sent him. This morning I sent him an email explaining the Founders’ position on State Sovereignty and nullificaion.
After sending Senator Don Gaetz(R) my letter explaining the positions of James Madison, Thomas Jefferson and Alexander Hamilton on State Sovereignty, the Republican leader of the Florida Senate says that citizens who agree with the writer of the Declaration of Independence should be summarily shot and hanged. Does that means Don Gaetz is in favor of shooting the many Catholic Bishops and other religious leaders who have said that they will not comply with this mandate? Notice the double-speak in his email below. He affirms his support for the Constitution and then demonstrates his utter ignorance of its meaning and purpose.
Here is a copy of his email:
Thank you for your email and for your passionate views.
Like you, I believe Obamacare is unconstitutional and wrong-headed policy. I have consistently voted in the Florida Legislature for legislation that affirms our state’s options, obligations and sovereignty under the United States Constitution. I am working every day to ensure the election of national candidates who will repeal and replace this extraordinarily bad policy.
As to nullification, I tend to favor the approach used by Florida’s first Governor, Andrew Jackson:
It is said that one evening, while he was president, General Jackson was interrupted in his reading in his bedroom by an alarmed military aide who breathlessly reported, “Mr. President, the “nullifiers” are in front of the Executive Mansion with torches and guns. They are screaming that each state has the right to decide for itself which federal laws to follow. They threaten to burn us down if you will not agree with them.”
Without lifting his head from his reading, Andrew Jackson said, “Shoot the first nullifier who touches the Flag. And hang the rest.”
Chaplain, I have sworn an oath on my father’s Bible before Almighty God to preserve, protect and defend the constitution and government of the United States. And that’s exactly what I intend to do. Count me with Andrew Jackson.
Senator Don Gaetz
I can only assume since this overbearing blowhard is used to getting his way, he thinks such intimidation will make us shut up and go away. Well, Mr. Gaetz is sadly mistaken.
While Mr. Gaetz may only give lip-service to the Constitution so that he can continue his political reign, there are those of us who actually believe in the Constitution and plan to support and defend it, no matter what! If it means being threatened or shot at by tyrannical oligarchs, so be it. Just know that this path was not our choice Mr. Gaetz. You fired the first shot!
Mr. Gaetz, stand all you like with Andrew Jackson, we will be the ones across the way standing with Patrick Henry!

Thursday, July 28, 2011

LIBERTARIAN PARTY OF FLORIDA HOLDING RALLY IN DAYTONA BEACH URGING SHERIFFS TO STOP TSA ABUSES

"We commend the LPF for being the only political party in Florida to stand up for our civil liberties, and we are proud to stand with them." - Florida 10th Amendment Center
----- Original Message -----

Sent: Thursday, July 28, 2011 10:36
Subject: PRESS RELEASE: Grass-roots coalition to hold rally urging sheriffs to stop TSA abuses

FOR IMMEDIATE RELEASE

July 28, 2011

Contact:
Adrian Wyllie
727-403-7735
chair@lpf.org

Grass-roots coalition to hold rally urging sheriffs to stop TSA abuses

DAYTONA BEACH - In what may be the first movement of its kind in the nation, a coalition of grass-roots liberty groups is holding a rally on Sunday outside the Florida Sheriffs Association convention in Daytona Beach. Their goal is to encourage sheriffs to enforce the Constitution and stop the Transportation Security Administration from warrantless and random searches at airport checkpoints.

According to organizers, the objective of the rally is not to protest, but rather to encourage sheriffs to uphold the Fourth Amendment, as well as Florida statutes on molestation, as they apply to TSA employees. The rally will be held on Sunday, July 31, 2011, outside of the Hilton Oceanfront Resort, 100 N Atlantic Ave, Daytona Beach, from 4-7 pm. The assembly is free and open to the public. Participants are encouraged to bring signs urging sheriffs to confront the TSA and protect Floridians' rights.

The rally is being organized and promoted by the Libertarian Party of Florida, the Campaign for Liberty, the Florida Tenth Amendment Center, Oath Keepers, the Constitution Party of Florida, Wake Up 1776, the Save America Foundation, We Are Change, Young Americans for Liberty, the Florida Republican Liberty Caucus, and several tea party and 912 organizations.

In a July 4th letter to all 67 of Florida's sheriffs, Florida Libertarian Party Chairman Adrian Wyllie wrote, "We turn to you as our last line of defense against a federal government that is usurping authority and ignoring the rule of law. If you have TSA agents within your county that are violating the law, then you must act."

The letter called on sheriffs to arrest TSA employees who violate the law.

Retired Arizona Sheriff Richard Mack, a renowned author and Constitutionalist, will be speaking at the rally. "The sheriff who keeps his oath to uphold and defend the Constitution, does not allow anyone to violate or abuse his constituents," said Mack about the rally. "Do you know what happens when your sheriff stands for what's right? Freedom!"

Organizers cite the Fourth Amendment to the U.S. Constitution, which guarantees all Americans the right to be secure in their persons, papers, and effects against warrantless and unreasonable searches by government. They point out that sheriffs are sworn to uphold and protect the Constitution, and that the U.S. Supreme Court has recognized sheriffs as the highest Constitutional authority within their jurisdiction. "We are simply asking the sheriffs to honor their oath and do their job" said Alex Snitker, syndicated radio talk host and 2010 U.S. Senate candidate.

The LPF has received very little response to their request to the sheriffs. "Even though they have the U.S. Constitution, the Florida Constitution, and multiple Florida statutes on their side, sheriffs seem hesitant to enforce the law," said Wyllie. He points out that their reluctance seems to be based in fear of confronting the federal government, despite their sworn duty and uphold the Constitution.

Andrew Nappi, coordinator of the Florida Tenth Amendment Center, will be one of the many speakers at the rally. "The TSA, which has become synonymous with 'Temporary Sexual Assault,' should be held accountable to the rule of law," said Nappi. "We commend the LPF for being the only political party in Florida to stand up for our civil liberties, and we are proud to stand with them."

Rally organizers contend that the TSA imaging systems, commonly known as "naked body scanners," are a violation of the Fourth Amendment, and may violate child pornography laws when used on children. They also point out that these scanners, which emit radiation, may be a health hazard, citing data that indicates a correlation between the scanners an a rapid increase in cancer rates among TSA employees. The Department of Homeland Security has denied that the scanners pose a health hazard to employees or travelers, and has refused to comply with OSHA and other regulatory standards regarding x-ray machines and radiation-emitting devices.

Organizers also object to the enhanced pat-downs performed by TSA agents on travelers who refuse to be scanned. "Not only do the enhanced pat-downs violated the Bill of Rights and Article One, Section 12 of the the Florida Constitution, they are clearly in violation of statues regarding lewd and lascivious behavior, and in some cases even felony sexual battery," said Wyllie. "The sheriffs apparently believe that if the federal government does it, then it must be lawful. That's a very dangerous fallacy."

I very much doubt Bay County Sheriff Frank McKeithen will attend ours in Ft. Walton tonight.


Wednesday, July 6, 2011

AND THEN IT GETS WORSE! CAN'T YOU SEE NAPOLITANO SLATHERING AND PULLING ON HER BLUE GLOVES OVER THIS ONE?

http://online.wsj.com/article/SB10001424052702303365804576429741400016376.html?mod=WSJ_hp_LEFTTopStories

It's the perfect excuse!

Do you really want to fly or use train or buses if this is the case? No?

Well, do you realize then that you are imprisoned in your own communities?

When are we just going to say "NO!" to the tyrants in the United States government?

Monday, May 30, 2011

IT IS UNAMERICAN TO TRUST THE GOVERNMENT...

http://www.civil-liberties.com/pages/art1.html

What do you think of citizen sovereign citizens? What is your interpretation of one? An anarchist? Or one who insists on living under the Constitution and the Bill of Rights?

One who bends to government or one who stands up for liberty and freedom! We cannot hunker down and do nothing!

BULLSHIT!

Don't prostrate yourself to the tyranny of this regime because they are desperate of losing control. This is opportunity!

Tuesday, May 17, 2011

A FRIEND IN OREGON RESPONDS TO MY PLEA FOR COMMENTS ON THE HEAVY FIST OF THE GOVERNMENT RE INDIANA/TEXAS/HSA

Look at our site. WE are doing a lot to train Sheriffs and they now are starting to do there job and uphold the Constitution. We are winning law suits and more we are beginning to impress the governing bodies like county commissioners and some legislators. This is a movement to watch.

Under Legal News take a look at the first few links. http://www.miningrights.org/

I am proud to be part of this movement and the education of people who do not even know what a Constitution is.

H/T TO MY LONGTIME FRIEND, VEEZER...