Resist DC: A Step-by-Step Plan for Freedom

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29 Nov 2009

by State Rep. Matthew Shea (WA-4th)

This summer, legislators from several states met to discuss the steps needed to
restore our Constitutional Republic. The federal government has ignored the many
state sovereignty resolutions from 2009 notifying it to cease and desist its
current and continued overreach. The group decided it was time to actively
counter the tyranny emanating from Washington D.C.

From those discussions it became clear three things needed to happen.

1. State Legislatures need to pass 10 key pieces of legislation “with teeth” to
put the federal government back in its place.

2. The people must pass the legislation through the Initiative process if any
piece of the legislative agenda fails.

3. County Sheriffs must reaffirm and uphold their oaths to protect and defend
the Constitution of the United States.

With the advent of the Tea Party Movement, many people have been asking how
exactly we can make the above reality. What follows is Part I of the outline of
that plan regarding state legislation, the action steps any concerned citizen
can take to see this legislation to fruition, and the brief history and
justifications behind each.

Step 1: Reclaim State Sovereignty through Key Nullification Legislation
Our Constitutional Republic is founded on a system of checks and balances known
as the “separation of powers.” Rarely, however, are the states considered part
of this essential principle.

Enter the “doctrine of nullification.”

Nullification is based on the simple principle that the federal government
cannot be the final arbiter of the extent and boundaries of its own power. This
includes all branches of the federal government. In the law this is known as a
“conflict of interest.”

Additionally, since the states created the federal government the federal
government was an agent of the states; not the other way around. Thus, Thomas
Jefferson believed that, by extension, the states had a natural right to nullify
(render as of no effect) any laws they believed were unconstitutional.

In the Kentucky Resolutions of 1798 he wrote,

“co-States, recurring to their natural right…will concur in declaring these acts
void, and of no force, and will each take measures of its own for providing that
neither these acts, nor any others of the General Government not plainly and
intentionally authorized by the Constitution, shalt be exercised within their
respective territories.”1

Alexander Hamilton echoed this sentiment in Federalist #85 “We may safely rely
on the disposition of the state legislatures to erect barriers against the
encroachments of the national authority.” 2

It is clear then that State Legislatures can stop the unconstitutional overreach
of the Obama administration through nullification. Here is a list of proposed
nullification legislation to introduce in all 50 States.

1. Nullification of Socialized Health Care [current efforts] [example legislation]

2. Nullification of National Cap and Trade [example legislation]

3. Federal Enumerated Powers Requirement (Blanket Nullification) [details]

4. Establishment of a Federal Tax Escrow Account [example legislation]

If imposed, socialized health care and cap and trade will crush our economy.
These programs are both unconstitutional, creating government powers beyond
those enumerated by the Constitution. If those programs are nullified, it will
give the individual states a fighting chance to detach from a federal budget in
freefall and save the economies of the individual states.

Next, blanket nullification.

The Federal Government, particularly the House of Representatives, needs to
abide by its own rules. In particular, House Rule XIII 3(d) specifically states
that:

“Each report of a committee on a public bill or public joint resolution shall
contain the following: (1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed by the bill or resolution.” 3

Needless to say, this rule is generally ignored. The idea behind blanket
nullification is that if the Congress does not specify the enumerated power it
is using according to its own rules, or the power specified is not one of the
enumerated powers granted to Congress in the United States Constitution, then
the “law” is automatically null and void.

Lastly, the federal government cannot survive without money. I know that seems
obvious but many states are missing the opportunity to use money as an incentive
for the federal government to return to its proper role. Most visibly, states
help collect the federal portion of the gasoline tax. That money should be put
into an escrow account at the state level and held there. The Escrow Account
legislation includes a provision that all consumer, excise, and income taxes
payable to the federal government would go through this account first. This
would do two things. First, it would give states the ability to collect interest
on that money to help offset revenue shortfalls. Second, it would allow states
to hold that money as long as needed as an incentive for the federal government
to return within the enumerated boundaries of its power.

Step 2: Erect an impenetrable wall around the County Sheriff and the 2nd
Amendment.

As recently stated in the famous Heller opinion by the United States Supreme
Court, the right to bear arms “is an individual right protecting against both
public and private violence” and “when the able-bodied men of a nation are
trained in arms and organized they are better able to resist tyranny.” 4

Thus, it is clear that the 2nd Amendment not only protects the right to
self-defense but that right extends to defending oneself against tyranny. As
with any historical attempt to establish a dictatorship weapons must be seized
or severely regulated. 5

Here is a list of legislation to prevent this from happening, some of which has
already been introduced in states around the country:

• Sheriff First [model legislation]
• Extension of the Castle Doctrine (right to protection) [sample legislation]
• Prohibition of Gun and Ammunition Tracking [see above]
• Firearms Freedom Act [current efforts] [model legislation]

The county Sheriff is the senior law enforcement officer both in terms of rank
and legal authority in a county. This comes from a tradition of over 1000 years
of Anglo-Saxon common law. Anglo-Saxon communities were typically organized into
“shires” consisting of approximately 1000 people. 6

The chief law enforcement officer of the shire was the “reeve” or “reef.” Hence,
the modern combination of the two words, as we know them today, “shire reef” or
“Sheriff.” 7

Consequently, the Sheriff’s pre-eminent legal authority is well established.
This was confirmed in Printz v. United States. 7 Justice Scalia quotes James
Madison who wrote in Federalist 39:

“In the latter, the local or municipal authorities form distinct and independent
portions of the supremacy, no more subject, within their respective spheres, to
the general authority, than the general authority is subject to them, within its
own sphere.”9

Sheriff 1st legislation would formally declare that all federal agents and
officers must give notice of, and seek permission before, any arrest, search, or
seizure occurs. Thus, federal agents and officers seeking to enforce
unconstitutional laws must go through the county Sheriff first.

Extending the castle doctrine to one’s person would go a long way toward
eliminating the arbitrary “no carry” areas. Like Virginia Tech, it is these
areas where guns for self-defense are most needed.

Many gun and ammunition tracking schemes have been, and are still being,
attempted. The intended purpose of “reducing gun related” crime is never
realized. Instead, law-abiding citizens are punished with regulatory burdens and
fees. Quite simply we need transparency in government not in the people.
Montana started the firearms freedom act to rein in the federal government’s use
of the Commerce Clause to regulate everything within the stream of commerce. The
original intent of the Commerce Clause was to regulate commerce between states
not within states as Professor Rob Natelson points out in his 2007 Montana Law
Review article.10

The Montana FFA simply returns to that original understanding regarding firearms
made, sold, and kept within a state’s borders.

This list is by no means exhaustive. However, it does contain some immediate
steps that can be taken toward freedom and restoring our God honoring
Constitutional Republic. Hitler’s laws of January 30 and February 14, 1934,
should serve as a stark reminder of what happens when state sovereignty is
abolished.

In the coming few weeks I will publish the next part of the plan.

Matthew Shea [send him email] is a State Representative in Washington’s 4th
District. He’s the author of HJM4009 for State Sovereignty. Visit his website.
Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or
in part is gladly granted, provided full credit is given.

NOTES:
• 1. Kentucky Resolution of 1798, Thomas Jefferson, Adopted by Kentucky
Legislature on November 10, 1798.
• 2. Federalist No. 85, Publius (Alexander Hamilton), August 13 and 16, 1788.
• 3. Rules of the House XIII 3(d), “Content of Reports,” Page 623, 110th Congress.
• 4. District of Columbia v. Heller, 554 U.S. ___ (Actual Pages 11, 13) (2008)
• 5. Id at (Actual Page 11).
• 6.
http://www.thenewamerican.com/index.php/history/ancient/1859-teutob…

• 7. http://www.etymonline.com/index.php?search=sheriff&searchmode=none
• 8. Printz v. United States, 521 U.S. 898 (1997)
• 9. Federalist No. 39, Publius (James Madison), January 16, 1788
• 10. Tempering the Commerce Power, 68 Mont. L. Rev. 95 (2007).

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The legacy of the American National Debt

MOUNTAIN OF DEBT: Legacy of debt from Founding Fathers not celebrated on Independence Day

* By Tom Raum, Associated Press Writer

* On Friday July 3, 2009, 11:20 am EDT

* Print WASHINGTON (AP) — The Founding Fathers left one legacy not celebrated on Independence Day but which affects us all. It’s the national debt. The country first got into debt to help pay for the Revolutionary War. Growing ever since, the debt stands today at a staggering $11.5 trillion — equivalent to over $37,000 for each and every American. And it’s expanding by over $1 trillion a year. The mountain of debt easily could become the next full-fledged economic crisis without firm action from Washington, economists of all stripes warn. “Unless we demonstrate a strong commitment to fiscal sustainability in the longer term, we will have neither financial stability nor healthy economic growth,” Federal Reserve Chairman Ben Bernanke recently told Congress.

Higher taxes, or reduced federal benefits and services — or a combination of both — may be the inevitable consequences. The debt is complicating efforts by President Barack Obama and Congress to cope with the worst recession in decades as stimulus and bailout spending combine with lower tax revenues to widen the gap. Interest payments on the debt alone cost $452 billion last year — the largest federal spending category after Medicare-Medicaid, Social Security and defense. It’s quickly crowding out all other government spending. And the Treasury is finding it harder to find new lenders.

The United States went into the red the first time in 1790 when it assumed $75 million in the war debts of the Continental Congress. Alexander Hamilton, the first treasury secretary, said, “A national debt, if not excessive, will be to us a national blessing.” Some blessing. Since then, the nation has only been free of debt once, in 1834-1835. The national debt has expanded during times of war and usually contracted in times of peace, while staying on a generally upward trajectory. Over the past several decades, it has climbed sharply — except for a respite from 1998 to 2000, when there were annual budget surpluses, reflecting in large part what turned out to be an overheated economy.

The debt soared with the wars in Iraq and Afghanistan and economic stimulus spending under President George W. Bush and now Obama. The odometer-style “debt clock” near Times Square — put in place in 1989 when the debt was a mere $2.7 trillion — ran out of numbers and had to be shut down when the debt surged past $10 trillion in 2008. The clock has since been refurbished so higher numbers fit. There are several debt clocks on Web sites maintained by public interest groups that let you watch hundreds, thousands, millions zip by in a matter of seconds.

The debt gap is “something that keeps me awake at night,” Obama says. He pledged to cut the budget “deficit” roughly in half by the end of his first term. But “deficit” just means the difference between government receipts and spending in a single budget year. This year’s deficit is now estimated at about $1.85 trillion. Deficits don’t reflect holdover indebtedness from previous years. Some spending items — such as emergency appropriations bills and receipts in the Social Security program — aren’t included, either, although they are part of the national debt. The national debt is a broader, and more telling, way to look at the government’s balance sheets than glancing at deficits. According to the Treasury Department, which updates the number “to the penny” every few days, the national debt was $11,518,472,742,288 on Wednesday.

The overall debt is now slightly over 80 percent of the annual output of the entire U.S. economy, as measured by the gross domestic product. By historical standards, it’s not proportionately as high as during World War II, when it briefly rose to 120 percent of GDP. But it’s still a huge liability. Also, the United States is not the only nation struggling under a huge national debt. Among major countries, Japan, Italy, India, France, Germany and Canada have comparable debts as percentages of their GDPs.

Where does the government borrow all this money from? The debt is largely financed by the sale of Treasury bonds and bills. Even today, amid global economic turmoil, those still are seen as one of the world’s safest investments. That’s one of the rare upsides of U.S. government borrowing. Treasury securities are suitable for individual investors and popular with other countries, especially China, Japan and the Persian Gulf oil exporters, the three top foreign holders of U.S. debt. But as the U.S. spends trillions to stabilize the recession-wracked economy, helping to force down the value of the dollar, the securities become less attractive as investments. Some major foreign lenders are already paring back on their purchases of U.S. bonds and other securities. And if major holders of U.S. debt were to flee, it would send shock waves through the global economy — and sharply force up U.S. interest rates.

As time goes by, demographics suggest things will get worse before they get better, even after the recession ends, as more baby boomers retire and begin collecting Social Security and Medicare benefits. While the president remains personally popular, polls show there is rising public concern over his handling of the economy and the government’s mushrooming debt — and what it might mean for future generations. If things can’t be turned around, including establishing a more efficient health care system, “We are on an utterly unsustainable fiscal course,” said the White House budget director, Peter Orszag.

Some budget-restraint activists claim even the debt understates the nation’s true liabilities. The Peter G. Peterson Foundation, established by a former commerce secretary and investment banker, argues that the $11.4 trillion debt figures does not take into account roughly $45 trillion in unlisted liabilities and unfunded retirement and health care commitments. That would put the nation’s full obligations at $56 trillion, or roughly $184,000 per American, according to this calculation.

Who are the Elite?

I got a comment back about my Hamilton article, that doctors and other hard working rich deserve their wealth and should benefit from our American System.  Obviously, we need to define some terms for this discussion.

When Hamilton speaks of the Elite, he is not talking about the business or professional class.  He is talking about the kings and queens of old now manifest in central banks around the world.  Here is a report on who directly benefited from the bailout of AIG last fall.  These are the Elites he refers to.

March 8, 2009

NEW YORK – THE federal bailout of insurance giant American International Group Inc. has benefited at least two dozen US and foreign financial institutions who collected some US$50 billion (S$77 billion), according to media reports on Saturday.

AIG – once the world’s largest insurer – is paying money to its counterparties because it had agreed to guarantee them against losses from credit default swaps they had invested in.

Citing a confidential document and people familiar with the matter, The Wall Street Journal said recipients of AIG money include Goldman Sachs Group Inc and Germany’s Deutsche Bank AG, each of which received roughly US$6 billion in payments between mid-September and December 2008.

Also receiving AIG money last year were Merrill Lynch, now part of Bank of America Corp., French bank Societe Generale SA and, to a lessor extent, Morgan Stanley, Royal Bank of Scotland Group PLC and HSBC Holdings PLC, the newspaper said.

Meanwhile, business magazine Fortune on Saturday issued its own list of 15 banks that received AIG money, including: Calyon, Credit Agricole of France; UBS; Barclays; Coral Purchasing, DZ Bank of Germany; Bank of Montreal; Rabobank of the Netherlands. Fortune, which credited a ‘reliable source,’ did not supply dollar amounts that each bank received.

The disclosures come the same week the Fed refused a congressional request for the names of all AIG’s derivative counterparties. At a hearing on Thursday, Federal Reserve Vice Chairman David Kohn declined to reveal who had been made whole after deals with AIG went bad, arguing that the information would undermine what little confidence remains in the financial markets.

AIG on Monday reported a US$61.7 billion quarterly loss, the worst in US history. The same day, Treasury provided AIG as much as US$30 billion in additional aid from the US$700 billion financial bailout program, bringing the company’s total bailout to more than US$170 billion since September. The government now owns nearly 80 per cent of the company.

AIG has been forced to seek more help in part because of the ongoing recession and its falling stock price, now well under US$1.

Among its biggest problems: It can’t sell assets to pay back government loans because the credit crisis is preventing would-be buyers from getting financing to complete such deals.

A representative with New York-based AIG wasn’t immediately available to comment. — AP


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Hamilton’s American System – We really need a new system!

We have almost always been governed by the “American System”

This is a three part system.

Step 1 – A private elite class of people are put in charge of the monetary system. They always have access to the national treasury and are trusted to keep things in order. (Central Bank)

Step 2 – The central government borrows money from these elites to engage in “internal improvements” or expansionist war. This public debt is the glue that holds society together. (According to Hamiltonian Federalists, just ask one!)

Step 3 – The government puts in place various excise taxes (income tax) on the people to make interest only payments to the elite class, being careful to never pay off the all important public debt.

Who wins with this system?

The Elites win because they can insure a constant growth in wealth and power as long as the public debt is maintained.

The government wins because they don’t have to depend on taxes to fund their expansionist projects.  This system allows the government to leverage their projected tax revenues into a credit account which multiplies available money for spending by 20-30 times.

The people are suppose to win because they will be taken care of from cradle to grave.

Sound familiar?