Learn The Constitution

Monday, October 6, 2014

Governed by Law or the Whims of Men

What the Founding Fathers Wanted:

The Founding Fathers knew that any government governed by a King or Dictator would be a government governed by the whims of men, because of that the People’s rights would not be protected.  They did not want that.  They already knew what that was like.   They wanted a government of the People, by the People and for the People, which would be governed by Law.  The Law was to be the natural law or law of God, a Law that created the highest happiness and good of the people.  It would be a law that the people could count on to protect their rights from being infringed by others.

To achieve this aim, the Founding Fathers had to draw up a written constitution that laid down exactly what the government leaders could and could not do.  If government leaders were to go by law, the law had to be put in place, otherwise the whims of men would eventually creep in.  The law was put in a written constitution.

Who was given the power to make the other needed laws:

In the U.S. Constitution, Article I, Section 1, it reads:
“All legislative powers herein granted shall be vested in a Congress of the United States.”
 Legislative powers are the powers to make the laws.  Notice it says ALL legislative powers, not part or most of the legislative power but ALL the legislative power.
Congress is the only government organization that is invested with the power to make laws for the Nation.  These should be laws that pertain to the powers granted to the Federal Government.
There are two restrains that are natural and should of course, be applied to those making a law.
1. A government has no power given to it except that which comes from the people, therefor they cannot rightfully execute any law contrary to what the people themselves have to power to do.
2. A government has no power to give a responsibility or power they have been given to another.

Here is a question:  Are there other government heads or agencies making laws beside Congress?  If so, who had the right to give them the power to do so?  And are there other government agencies or other organizations that are performing the responsibilities that was given to Congress, and if so, what right did Congress have to give their responsibilities away?  You can look up what the powers of Congress are in “The Making of America” or the condensed version, “The Constitution of the United States in a Nutshell.”   Check for yourself which power Congress gave away.

In the Constitution there are laws placing restrictions on the laws Congress can pass known as The Bill of Rights or the first ten amendments.
Amendment I   (First Amendment Rights)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of Speech, or of the press or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.
Amendment II   (Second Amendment Rights)
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Part of the United States Constitution is about the rights of the people when accused of a crime such as Amendment IV to Amendment VIII:
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same defence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
Amendment Vii

In Suite of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fac tried by a jury, shall be otherwise re=examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, or cruel and unusual punishments inflicted.

The  key to a  good government was to form a government of the people, so that good laws would be passed for the benefit of the people.
Each has a job to do:
The President scrutinizes the laws to see how good they are for the Nation through his veto power.
The Senate scrutinizes the laws to see how good they are for the States.
The House of Representatives scrutinizes the laws to see how good they are for the people.
The Supreme Court scrutinizes the laws to see if they go according to the Constitution.
The People are to see that their government officials are doing their job right.  Do you see anyone not doing their job right so only good laws are passed?
Make sure you know the laws in the United States Constitution and that your government officials are doing their jobs accordingly, if not, vote them OUT!!!

Learn more about the meaning and substance of the U. S. Constitution by purchasing and reading your own copy of the book, “Making of America” by W. Cleon Skousen.

Good laws are so important for your protection and freedom.

Linda N. Hackett

Thursday, October 2, 2014

Where did the Founding Fathers main source of government ideas come from?

Where did the Founding Fathers main source of government ideas come from?
What they did:

 “They carefully scrutinized every system of government in existence to see which one was the most likely to make it possible for humanity to attain the three great goals of freedom, prosperity, and peace.”   “No existing government was designed to provide the people with freedom, prosperity, and peace.”

“Is there, at this moment, a nation upon earth that enjoys this right, where the true principles of representation are understood and practiced, and where all authority flows from and returns at stated periods to the people?  I answer, there is not.”  Charles Pinckney
 Making of America, p. 3

What they did next:
Finding no existing government that provided the people with freedom, prosperity and peace the Founding Fathers set out to create one.

They found most of the principles they used in the Bible.

The Bible and government principles:  “They were also careful students of the Bible, especially the Old Testament, and even though some did not belong to any Christian denomination, the teachings of Jesus were held in universal respect and admiration.” Making of America p. 11

18 of the Governmental Principles Found in the Bible:
1. Sound government should be based on self-evident truths. That means truths that are so obvious, so rational, and so morally sound that their authenticity is beyond reasonable dispute.
2. Government of mankind here on earth should be based on the law of nature and of nature’s God.
3. Men are created equal.  The Creator made human beings equal in their rights, equal before the bar of justice and equal in his sight
4. These rights which have been bestowed by the Creator on each individual are unalienable: that is, they cannot be taken away or violated without the offender coming under the judgment and wrath of the Creator.
5. Among the most important of the unalienable rights are the right to life, the right to liberty, the right to property and the right to pursue whatever course of life a person may desire in search of happiness, so long as it does not invade the inherent rights of others.
6. The most basic reason for a community or a nation to set up a system of government is to assure its inhabitants that the rights of the people shall be protected and preserved.
7. No office or agency of government has any right to exist except with the consent of the people or their representatives.
8. If the government itself begins to violate those rights – then it is the right and duty of the people to regain control of their affairs and set up a form of government which will serve the people better.
9. The best type of government is a Representative type where the people hold the power to govern themselves and what they could not handle it went to higher representatives.
Israelite form of government went as follows:
600,000 families with power to govern themselves
A Representative for a group of 10 families
A Representative for a group of 50 families
A Representative for a group of 100 families
A Representative for a group of 1,000 families
Elected Representatives (A congress)
Council of Seventy (A Senate)
Aaron – a vice president over internal affairs
Joshua – a vice president over the military
Moses – the prophet leader
10. Land is a private stewardship of the people, not the government.
11. Rights of property was to be protected.
12. Rights of life and private liberty is to be protected.
13. All leaders were selected with the consent of the people.
14. All laws came into force only by the consent of the people or their representatives.
15. Accused persons were presumed to be innocent until proven guilty.
16. The entire code of justice was based primarily on reparation to the victim rather than fines and punishment by the commonwealth.
17. Fundamental to the entire system of Law was a strong commitment to a very basic code of solid morality.
18. The government is to operate according to principles of law, not the whims of men.
“When the time came for the United States of America to adopt a constitution, our forefathers modeled it after the perfect Israelite system of administration.”
Howard B. Rand, an American lawyer.
 The Making of America p 28, 52-53

“While studying the history of ancient Israel, Jefferson made a significant discovery.  He saw that at one time the Israelites had practiced the earliest and most efficient form of representative government.  As long as the Israelites followed their fixed pattern of constitutional principles, they flourished.  When they drifted from it, disaster overtook them.  Jefferson thereafter referred to the constitutional pattern as the “ancient principles.”   “Jefferson was also surprised to find that the Anglo-Saxons somehow got hold of some of these “ancient principles” and followed a pattern almost identical to that of the Israelites.” Making of America, p. 27-28

“Has not every restitution of the ancient Saxton laws had happy effects?  Is it not better now that we return at once into that happy system of our ancestors, the wisest and most perfect ever yet devised by the wit of man, as it stood before the eighth century?”
Thomas Jefferson

The Founding Fathers were very familiar with other sources of information:

Often the Founders read the classic in their original language.  They were familiar with:
Plato’ Republic and his Laws;
Aristotle’s Essays on Politics;
the political philosophy of the Greek historian, Polybius; with the great Roman defender of republican principles,
Cicero;
the legal commentaries of Sir Edward Coke;
the essays and philosophy of Francis Bacon;
the essays of Richard Hooker;
the dark forebodings of Thomas Hobbes’ Leviathan;
the more optimistic and challenging Essays on Civil Government, by John Locke;
the animated Spirit of the Laws, by Baron Charles de Montesquieu of France;
the three volume work of Algernon Sidney, who was beheaded by Charles II in 1683;
The writings of David Hume;
The legal commentaries of Sir William Blackstone;
The economic defense of a free market economy b Adam Smith called The Wealth of Nations.
The Founders knew their classics.  They also knew their history –biblical, Greek, Roman, European, and American.  From all of these valuable sources they sorted out what they considered to be the best and most enduring for the prosperity and peace of a free people under a republican system of self-government.”  Making of America p. 61

You could certainly say that our Founding Fathers really did their research and because of it, created the Greatest and most Free  nation on earth in the history of mankind.

All this information came from Making of America, the Substance and Meaning of the Constitution by W. Cleon Skousen.  It took Dr. Skousen 40 years of research to gain the information for his book and it took another 14 years to write it.  He did all the work, and you can gain all the knowledge just by purchasing this great book and reading it for yourself.  It is one of the best books I have ever read.  Don’t delay, purchase your copy today!

Linda N. Hackett





Tuesday, September 16, 2014

IN WHOSE HANDS DOES THE POWER OF THE UNITED STATES GOVERNMENT LAY?

"Every government degenerates when trusted to the rulers of the people alone. THE PEOPLE themselves, therefore, are its only safe depositories. And to render them safe, their minds must be improved to a certain degree." "I consider THE PEOPLE who constitute a society or nation as the source of ALL AUTHORITY in that nation." Thomas A. Jefferson

How did the Founding Fathers put the government in the hands of the people so the people could govern themselves?

Here are twelve things the Founding Fathers did to put the government into the hands of the people:

1. Drew up a written Constitution, telling government officials what they could and could not do.
2. Required the elected officials to take an oath to uphold and defend the Constitution
3. Divided the main power into three heads, so all the authority would not be in one person or one committee.
4. They made Congress the law making body because it consist of several members elected by the people.
5. Required a journal to be kept of all proceedings and made it open to public view.
6. Established two governments, The Federal Government to govern the nation as a whole and the State Government to govern the States and be closer to the people’s watchful eye.
7. Gave the people the right to vote
8. Gave the people the right to peacefully assemble.
9. Gave the people the right to voice their grievances.
10. Set up a court system consisting of the Supreme Court, the Federal Courts and the State Courts to protect the people’s rights.
11. Provided an impeachment process.
12. Considered all laws passed fraudulently to be null and void.

EACH HAS A JOB TO DO:

The President scrutinizes THE LAWS as to how good they are for the NATION.

The Senate scrutinizes THE LAWS as to how good they are for the STATE.

The House of Representatives scrutinizes THE LAWS as to how good they are for the PEOPLE.

The Supreme Court scrutinizes THE LAWS to see that they go according to the CONSTITUTION.

THE PEOPLE ARE TO MAKE SURE ALL THE GOVERNMENT OFFICIALS ARE DOING THEIR JOBS RIGHT.

We are a free country.  Our government is one of the people, by the people and for the people.
May it ever remain free, it is up to the people to decide.

From more information on the U. S. Constitution and its meaning, purchase Dr. W. Cleon Skousen’s great book, The Making of America, the Substance and Meaning of the Constitution.
Only an educated citizenry can remain free.

Linda N. Hackett


Tuesday, September 9, 2014

Common Sense by Thomas Paine

Thomas Paine, in his pamphlet “Common Sense”, said what, that convinced early Americans to break from the British?
Have you ever read the pamphlet, Common Sense by Thomas Paine?  It was written in 1776 and was a big influence on the early Americans when they were deciding whether or not they should separate themselves from British rule.  It is well worth reading today for all Americans as well.
Key points in his pamphlet:
1.       America’s cause is the cause of all mankind.
“The cause of America is in a great measure is the cause of the cause of all mankind.”
                                                                                 Thomas Pain, “Common Sense” page 2
2.       Government is a necessary evil.
“Society in every state is a blessing, but government even in its best state is but a necessary evil; in its worst state an intolerable one…”                      Thomas Pain, “Common Sense” Page 3

3.       Problems with a King by heredity:
·         Contribute nothing towards freedom of the state
·         A thirst of absolute power is the natural disease of kings.
·         A King is shut off from the world yet his business is to know it thoroughly.
·         Arises more from pride than reason
·         When there is no king there is no wars.
·         Bribery, corruption, and favoritism are the standing vices of kings.
·         Descendants might be far too unworthy to inherit the throne
·         It opens the door to the foolish, the wicked, and the improper.
·         Has in it the nature of oppression
·         Can be untrustworthy because a king can be too young or too old
·         Impoverishes and plunders the state


4.       Reasons to separate from Britain
·         Britain caused many material injuries to the America people and will sustain more.
·         Britain doesn’t increase America’s prosperity.  America would have flourished as much, and probably much more, had no European power had anything to do with her.
·         Britain is only motivated by their own interests and trade.
·         They will suppresses the growth of America in every case because of their own interests.
·         Britain has carried fire and sword into America and are not trust worthy.
·         Britain is too far away to rule America.
·         Just because Britain did away with some of the tax acts doesn’t mean they won’t bring them back.
·         The separation will come sooner or later, now is better why leave the job of separation to our children?
·         Britain has not shown one sign of compromising.
·         The king will have a negative over the whole legislation of this continent.  America can make no laws unless it pleases the King.
·         Britain is jealous of America’s prosperity, can she be trusted to rule over America.
·         Britain cannot maintain the peace and is therefore no government at all, and is not worth spending the money on.
·         Those who consider Britain their enemy will consider America as their enemy as well if the Americans continue their connection with Britain.
·         Britain is said to be the Mother country of America, but that is an untruth as many Americans are from all different parts of Europe and not just Britain.  The whole of Europe should be considered as the Mother country.
·         Britain did not protect America on America’s account but because of Britain’s own account and interest.
·         America can build her own army and navy and protect herself better.
·         Dependence on Britain will involve America in European quarrels and wars.
·         Others who have been ruled by Britain have been ruined by her.
·         America’s king rules above
·         America’s king is law.  “For as in absolute governments, the King is Law, so in free countries the Law ought to be King and there ought to be no other.”  Thomas Pain, Common Sense, page 32.
·         America needs to create their own government, the opportunity to do so is now.  “A government of our own is our natural right.  And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power…” Thomas Pain, Common Sense, page 32.

I believe if I was an early American and had read Thomas Pain’s Common Sense pamphlet, I too would have been convinced that America separating herself from British rule would be the wiser, safer and best thing America could ever do.  Freedom is the right of all mankind and America has a destiny to be the example of Freedom to all the world.

Learn more by getting your copy of Thomas Pain’s pamphlet, Common Sense, today.

Reading and studying about freedoms, rights, the law, history of America and the U.S. Constitution, which is the greatest charter of liberty the world has ever known is an absolute necessity for all Americans.  To keep our freedoms, we must be educated.  Find out more.  Obtain you copy of Making of America, by W. Cleon Skousen.  If Americans expect to be ignorant and free, they expect what will never be.

Linda N. Hackett



Monday, September 1, 2014

What is meant by all men created equal?

The second paragraph of the Declaration of Independence reads:

“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.”
Men and that includes women, are not equal in their physical, mental, emotional, social, financial, and other capabilities.  We are all born with different talents, in different family, in  different ways in which we were raised and educated and we could go on and on.  If this is true, and there is no way we can all be equal, then just what does it mean that all men are created equal?

In Dr. W. Cleon Skousen’s book, The 5,000 Year Leap, the sixth principle, All Men are created equal, Dr. Skousen explains how men are created equal.  Men can only be created equal in three ways as follows:
1.      Equal in the sight of God
2.      Equal in the sight of the law
3.      Equal in the protection of their rights

“As members of society, all persons should have their equality guaranteed in two areas.  Constitutional writer Clarence Carson describes them:”
     
First, there is equality before the law.  This means that every man’s case is tried by the same law governing any particular case.  Practically, it means that there are no different laws for different classes and orders of mean (as there were in ancient times).  The definition of premeditated murder is the same for the millionaire as for the tramp.  A corollary of this is that no classes are created or recognized by law.
    
Second, the Declaration refers to an equality of rights.  …Each man is equally entitled to his life with every other man; each man has an equal title to God-given liberties along with every other.  (Clarence Carson, The American Tradition (Irvington-on=Hudson, N.Y.: Foundation for Economic Education, 1970, pp. 112-13)  

Dr. W. Cleon Skousen also gives a quote from John Adams as follows:  “That all men are born to equal rights is true.  Every being has a right to his own, as clear, as moral, as sacred, as any other being has….But to teach that all men are born with equal powers and faculties, to equal influence in society, to equal property and advantages through life, is as gross a fraud, as glaring an imposition on the credulity of the people, as ever was practiced by monks, by Druids, by Brahmins, by priests of the immortal Lama, or by the self-styled philosophers of the French Revolution. (Quoted in Koch, The American Enlightenment, p. 222.)
Also a quote from Alexander Hamilton:  “Inequality would exist as long as liberty existed….It would unavoidable result from that very liberty itself.” (Harold C. Syrett et al., eds, The Papers of Alexander Hamilton, 19 vols. By 1973 (New York: Columbia University Press, 1961- 4:218)

In summary, when you hear people say they want to be treated equal, remember that they are already treated equal in the only two ways they can be, equal under the law and equal in protection of their rights.
Dr. W. Cleon’s Skousen’s book, The 5,000 Year Leap teaches how 28 principles the Founding Fathers discovered has changed the world.  Get this valuable book for your own personal library today and learn what those principles are.


Linda N. Hackett

Thursday, August 28, 2014

Why it was necessary to separate the powers in our Republican form of government and how the Founding Fathers did it.

Different forms of governments

Through studying the different forms of governments, the Founding Fathers understood the three most common types of governments and their strengths and weaknesses as follows:
1.      Monarchy - A single powerful ruler.
Strengths – had the executive strength needed to direct the administration of the government, particularly in time of war.
Weakness – where there is a wicked ruler, the people morn.  Rulers more than not will make laws for their own interests and not for the interest of the people.  Because of the tyrannical power of a ruler, the people end up losing their rights.
2.     Aristocracy – The best families of the nation were allowed to rule.
Strengths – represents the interest of the wealthy.
Weakness – favor the wealthy at the expense of the common people.
3.      Democracy – decisions were to be made by the whole people.
Strengths – represents the interests of the whole people.
Weakness – can abuse the rights of the few or minority.

Polybius, the greatest of all Greek historians recognized that unless there were checks and balances on all of these types of governments, they would all degenerate.

What the Founding Fathers did:
The Founding Fathers formed a Republican form of government that had all three types of governments as follows:
1. The U.S. President acting as the Monarchy (the ruler).  He is the first branch of government and considered the executive branch or the one who is to see that the laws are followed and is commander-in- chief of the military.
2.  The Senate acting as the Aristocracy (the wealthy).  They are the second branch of government and considered the legislative or the ones who passes the laws in the interest of the States.  (Changed with the 17th amendment, which did away with the protection of the States and instead of the Senate being appointed by the State Legislators is now voted in by the people and is more like the House of Representatives.  This did away with one of the checks and should be repealed.)
3.  The House of Representatives acting as the Democracy (the People).  They are also the second branch of government and considered as the legislative or the ones who makes the laws.  All money bills has to originate in the House of Representatives as they are the ones who appropriate the money.
The Founding Fathers also included the third branch of government being the Supreme Court, considered to be the judicial or the ones who makes judgments on the constitutionality of the laws being passed.
The Founding Fathers felt that by combining all three types of governments, they could have the strengths of all three.  To stop the weaknesses in these types of governments, the Founding Fathers formed a Republican type of government, by making the government leaders accountable to the people.  They accomplished this by doing the following:
1.       Established frequent elections, so if the people did not like what their leaders were doing they could remove them by vote in a new person to represent them.
2.      Gave the people the right to voice their grievances.  You can do this through meeting with your representatives in person, by phone calls, letters or emails, through petitions, peaceful demonstrations and hired lobbyists. 
3.      Made a Constitution that listed the powers of each division of government.
4.      Created a Bill of Right as part of the Constitution, listing what government could not make laws against.
5.      Created a system of checks and balances
6.      Required all government officials to take an oath to uphold and defend the U.S. Constitution.
7.      Required a journal to be kept of all the proceedings of Congress and have it open to public view.

Why Separation of Powers is Necessary:
The Founding Fathers read the works of Montesquieu, who was one of the best educated scholars in France.  Montesquieu said the following about separation of powers:
“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.” (The Spirit of Laws.  Great Books of the Western World. Vol. 38 (Chicago: Encyclopedia Britannica Inc., 1952. P 70; emphasis added.)
In other words, if the power to make laws and execute them were in the hands of the same person then they would become tyrannical.
Montesquieu also said,
“Again, there is not liberty, if the judiciary power be not separated from the legislative and executive.  Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator.  Were it joined to the executive, the judge might behave with violence and oppression.”  Montesquieu
In other words, if the judge had his power plus the power of the legislative and executive, he would become a tyrannical leader.
John Adams said, “In the government of the Commonwealth of Massachusetts the legislative, executive and judicial powers, shall be placed in separate departments, to the end that it might be a government of laws and not of men.”
John Adams was indicating that the powers of the legislative, executive and judicial had to be separated so that laws governed men and not the whims of men.  The whims of men usually are for the benefit of the rulers at the expense of the people and whatever they happened to decide, no matter what the people wanted.
James Madison said, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. (Federalist Papers, No 47, p 301.)
We learn that separating the legislative, executive and judiciary powers was necessary to stop government abuse of the people. 

The Founding Fathers set up checks and balances.  Taken from Dr. W. Cleon Skousen’s book, The 5,000 Year Leap, p 111 – 113.
1.      The House of Representatives serves as a check on the Senate since no statue can become law without the approval of the House.
2.      At the same time the Senate (representing the legislatures of the states before the 17th Amendment) served as a check on the House of Representatives since no statue can become law without its approval.
3.       A President can retrain both the House and the Senate by using his veto to send back any bill not meeting with his approval.
4.      The Congress has, on the other hand, a check on the President by being able to pass a bill over the President’s veto with a two-thirds majority of each house.
5.      The legislature also has a further check on the President through its power of discriminating in appropriating funds for the operation of the executive branch.
6.      The President must have the approval of the Senate in filling important offices of the executive branch.
7.      The President must also have the approval of the Senate before any treaties with foreign nations can of into effect.
8.      The Congress has the authority to conduct investigations of the executive branch to determine whether or not funds are being properly expended and the laws enforced.
9.      The President has a certain amount of political influence on the Legislature by letting it be known that he will not support the reelection of those who oppose his program.
10.   The executive branch also has a further check on Congress by using its discretionary powers in establishing military bases, building dams, improving navigable rivers, and building interstate highways so as to favor those areas from which the President feels he is getting support by their representatives.
11.  The judiciary has a check on the legislature through its authority to review all laws and determine their constitutionality.
12.  The Congress, on the other hand, has a restraining power over the judiciary by having the constitutional authority to restrict the extent of its jurisdiction.
13.  The Congress also has the power to impeach any of the judges who are guilty of treason, high crimes, or misdemeanors…
14.  The President also has a check on the judiciary by having the power to nominate new judges subject to the approval of the Senate.
15.  The Congress has further restraining power over the judiciary by having the control of appropriations for the operation of the federal court system.
16.  The Congress is able to initiate amendments to the Constitution which, if approved by three-fourths of the states, could seriously affect the operation of both the executive and judicial branches.
17.  The Congress, by joint resolution, can terminate certain powers granted to the President (such as war powers) without his consent.
18.  The people have a check on their Congressmen every two years; on their President every four years; and on their Senators every six years.
The Founding Fathers did a tremendous job setting up our Republican Form of Government.  It was set up to include all the good parts of the three most common types of government and exclude all the bad.  It was set up with checks and balances to keep it in place and in the hands of the people.  However, in order for the people to keep this most valuable form of government in check, there has to be two things happen, first the people must be a righteous and moral and second they must be educated about their Republican form of government and how it was meant to function.

Dr. W. Cleon Skousen did an outstanding job writing his book entitled, The 5,000 Year Leap which list and explains the 28 principles of liberty that the Founding Fathers discovered and applied to our Republic form of government.  Under these principles of liberty the United States became the freest, most advanced and wealthiest nation in the history of the world.  I have just blogged a short version of two of those principles, which are:

Principle # 16.  The government should be separated into three branches: legislative, executive, and judicial. 
Principle #17.  A system of checks and balances should be adopted to prevent the abuse of power.

Learn more purchase the book, The 5,000 Year Leap from our website and learn what the other 26 principles are and how they work.  It will increase your ability to see whether or not legislation coming from the government is right or not by recognizing if it is in violation of any of these principles and if it does, call your representative and complain.
Let’s apply good common sense.
Linda N. Hackett














Monday, August 25, 2014

Does the U. S. Constitution really say “Separation of Church and State”?

NO where in the U. S. Constitution does it say “Separation of Church and State. In the First Amendment of the Constitution it reads, Congress shall make NO law respecting an establishment of religion, or prohibiting the free exercise thereof.  

Because of the injustice the Founding Fathers saw in other countries who established a religious denomination as the state church, they did not want any particular denomination established in the United States over another, such as the Church of England in Britain.  

“ This provision in the Constitution guaranteed to all Americans the RIGHT to enjoy the free exercise of tht religion of their choice without the government giving any preference to one “establishment” or denomination over another.  

There was some concern among the Founders lest this prohibition give the impression that the government was hostile to religion. They wanted it clearly understood that the universal, self-evident truths of religion were fundamental to the whole structure of the American system. This is such an important aspect of the nation’s original culture that a comprehensive discussion of religion from the Founders’ perspective might prove helpful.  

Americans of the twentieth century often fail to realize the supreme importance which the Founding Fathers originally attached to the role of religion in the unique experiment which they hoped would emerge as the first civilization of a free people in modern times. Many Americans also fail to realize that the Founders felt the role of religion would be as important in our own day as it was in theirs.  

In 1787, the very year the Constitution was written by the Convention and approved by Congress, that same body of Congress passed the famous Northwest Ordinance. In it they outlawed slavery in the Northwest Territory. They also enunciated the basic rights of citizens in language similar to that which was later incorporated in the Bill of Rights. And they emphasized the essential need to teach religion and morality in the schools. Her is the way they said it: 
“Article 3: Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools, and the means of education shall forever be encouraged.” (Making of America p 675-676).  

If the Founding Fathers believed there should be a separation of church and state or as the courts would have you to believe, religion (Christianity) and state, then why was nothing done about it until 1962? In 1962 the court cases of Engle v. Vitale, in 1963 Abington v. Schempp, in 1971 Commissioner of Ed. V. School Committee of Leyden, states that a verbal prayer offered in a school is unconstitutional, even if it is both voluntary and denominationally neutral.  

Don’t you find it strange that the Founders would want a separation of (church) religion and state and yet do nothing about removing such acts from the government in their time. Don’t you even find it stranger that they had “in God we trust” put on our money and they insisted on having prayer before they started a session in Congress? 
Benjamin Franklin’s Plea for Prayer
“In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for divine protection. Our prayers, sir, were heard; and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of a superintending Providence in our favor. To that kind Providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now forgotten that powerful Friend? Or do we imagine that we no longer need (His) assistance?
  

“I have lived, sir, a long time; and the longer I live the more convincing proofs I see of this truth – that God governs in the affairs of men, And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid? We have been assured, sir, in the sacred writings, that ‘except the Lord build the house they labor in vain that build it.’ I firmly believe this; and I also believe that without His concurring aid we shall succeed in this political building no better than the builders of Babel; we shall be divided by our little partial, local interests, our projects will be confounded and we ourselves shall become a reproach and a by-word down to future ages. And, what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom and leave it to chance, war, or conquest.  

“I, therefore, beg leave to move: “That hereafter prayers, imploring the assistance of Heaven and its blessing on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.( Making of America p 160).  

Where did the statement “Separation of Church and State” come from?  

On January 1, 1802, President Jefferson wrote a letter in response to a letter he had received from the Danbury Baptists , who had heard a rumor that a particular denomination was soon to be recognized as the national denomination and was concerned about it. To calm their fears, President Jefferson wrote:  

“I contemplate with solemn reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise there,” thus building a wall of separation between Church and State.  

When Jefferson was talking about Church, he meant a particular denomination, in which the federal government has no right to establish.  

In 1808, Jefferson wrote the following in a letter to Samuel Miller: I consider that government of the United States as interdicted (prohibited) by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States (10th Amendment). Certainly, no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the General Government. It must then rest with the States, as far as it can be in any human authority.  

Contrary to Jefferson’s explanation of the intent, such power no longer rests with the states. In 1947, in Everson v. Board of Education, the Court reversed 150 years of established legal practice under the Constitution and decided that it did have the right to rule on an individual state’s decisions regarding religious practice. Prior to that reversal, the Courts had left the decisions as Jefferson and all other Founders had planned it–“rest(ing) with the states.” State legislatures had been passing laws since the 1600's allowing the free exercise of religious practices in schools and public affairs: voluntary prayer, Bible reading, the use of the Ten Commandments, etc. These laws had been enacted “with the consent of the governed” and through representatives elected” of the people, by the people, and for the people.” (The Myth Of Separation p 41-) 

More information can be obtained by reading the book, “The 5,000 Year Leap” by W. Cleon Skousen.


This book explains 28 principles of Liberty and how the Founding Fathers incorporated them into our Republican form of government which changed the world dramatically.  More great information can also be obtained by reading the book, “The Making of America” by the same author.  Get your copy today.
Linda N. Hackett

Friday, August 22, 2014

Can there be restrictions put on our Freedom of Speech?

The First Amendment of the U. S. Constitution reads: The Congress shall make NO law abridging the freedom of speech, or of the press.

This provision gave the American people the RIGHT to have the federal government prohibited from exercising any legal authority over the freedom of speech or the freedom of the press.

This provision does not in any way imply that the freedom of speech and the freedom of press are absolute rights. Both must necessarily operate under reasonable restrictions. However, the Founders wanted these regulations and standards of propriety to be established by the states, not the federal government.


On the state level it is necessary to prohibit freedom of speech in a number of ways. For example, it is not permissible to use freedom of speech to slander or libel another person. It is also unlawful to cry “Fire!” in a crowded auditorium or theater as a practical joke and thereby cause a panic. There are also restrictions on where free speech may be exercised if it will attract a crow and impede the use of a public thoroughfare or park without prior permission.
Freedom of the press has been a difficult right to protect and preserve.

Almost from the moment that the art of printing began to be a significant cultural influence, efforts were exerted to gain control of its use by the king or the central government. For example, Henry VIII (1509-1547) took absolute control of the press, both as to who could print and what could be printed. When Cromwell ruled during the period of the Lone Parliament, the same control continued. By 1758, however, freedom of the press had been established to the point where Blackstone could say, “Every freeman has an undoubted right to lay what sentiments he pleases before the public...But if he publishes what is improper, mischievous, or illegal, he must take the consequence of his temerity.” (Making of America p 688 - 689)

The state can pass laws to protect the health, safety, and morals of its people. Moral problems include such matters as liquor, gambling, drugs, nudity and prostitution. There are those who feel that there should be no restrictions on the vices. They claim people should be allowed to indulge in vices if they wish.

The answer to this problem is fairly simple. First of all, private debauchery happens to fall into the category of private morals, which must be controlled by the individual and his conscience. However, the issue of public morals is another matter. Private morality is a matter between a person and his conscience, but there was no margin of allowance for immorality between consenting adults or for personal misconduct affecting any member of the family or society. 

The moment a person’s behavior violates the legal standards established by the community, that behavior falls under the restrictions of public morality. “No matter how abandoned may be a man’s principles, or how vicious his practice, provided he keeps his wickedness to himself, and does not violate public decency, he is out of the reach of human laws. But if he makes his vices public, then they become by his bad example, of pernicious effect to society, and it is the business of human laws to correct them.” Sir William Blackstone. 

In a republican system, the majority of the people in a community have the right to protect the quality of life which they consider to be in the best public interest. This means that no individual has the right to sell, distribute, or promote any products or activities which are prohibited by the rule of the majority. Of course, government has no business snooping into the private morality of people, debauched though it may be, but the moment there is a complaint that someone is promoting debauchery or adversely affecting someone in the community, it is a matter of public morality. The community has the right to intervene. The vices are a great temptation to a certain type of adventurous Enterpriser because it nearly always brings in enormous profits. To protect itself, society outlaws these activities unless the majority of the community want to allow them. (Making of America p 207)


Linda N Hackett

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