With all that we have seen occur at the national level over the last, let’s say “50 years,” it became obvious to me that the nation is not being governed by Foundational Principles. I came to this conclusion a long time ago but could not put my finger on it other then what I’ve discussed in my presentation “From Covenant to the Present Constitution (The Tale of Two Constitutions).” Yet that is a complex answer to what I think many are looking for in a simple rational.
With how the national government is acting one has to wonder if anyone knows how to govern? My conclusion is ‘NO’ because they are not functioning as intended under Federalism. As I mention next, we have been functioning as a national constitutional fascist system since 1913. That sounds harsh but, when you look at the discussions of the Federalists and Anti-federalists in comparison to early 20th Century amendments and institutionalization of government. Well, the result is what the Anti-federalist predicted in No. 3, 7 and 9.
Ok, so I’m going to attempt to keep this simple and not the 20,000 words that I could write on this topic. In Particular I’m going to let Madison and several of the other Founders give the details with my, hopefully, slight interjection. Let’s just for a moment look at the turn of events after the Civil War amendment debacle. I’m not going to go retroactive to that point but I will take us back just over 100 years and what I’ve been discussing on my radio program regarding Edward House and his pseudo auto-biography “Philip Dru: Administrator.” Continue reading
Tag Archives: federal gov ruling states
The Eugenics Plot Behind the Minimum Wage : The Freeman : Foundation for Economic Education
To add more fire to the tyranny of forced vaccines this is a worse dilemma that has been perpetrated for over 100 years. Once again I will argue it is a result of the isms encroaching on Christianity and hence governments under the guise of doing social justice when in fact it is despotism and slavery. This is an excellent article with great references to keep you busy for a while.
The Eugenics Plot Behind the Minimum Wage : The Freeman : Foundation for Economic Education.
November 1, 2014 – Senate, Treaties and International Executive Agreements
Archive of the broadcast at:
November 1, 2014 – Senate, Treaties and International Executive Agreements
On this broadcast of Samuel Adams Returns – The Anti-federalist Got It Right, I continue the discussion of how the Senate is now a part of democracy and not the Republic to which it was intended. Then I get into a real sore spot, Treaties and International Executive Agreements. De Tocqueville wrote that if tyranny would engross America, it would a ‘soft despotism” that arose through elected administrators. For over 100 years we have been electing administrators over statesmen, socialism entered into this nation since the early 1800’s and infiltrated the core principles of We the People so that most do not have the concept of what Foundational Liberty is about.
Hence we have had since the 1930’s International Executive Agreements at a ratio of almost 20:1 over treaties that have established that ‘soft despotism’ and stripped us of our individual and national sovereignty, making us serfs in the globalist dream.
October 25, 2014 S. Adams – Christian Culpability in the 17th Amendment
This topic is in the archives of the radio program, Samuel Adams Returns – The Anti-Federalist Got it Right for October 25, 2014.
This is an interesting and difficult topic. This digs deep into the way that progressivism, socialism and yes, even communism embedded itself into the Christian denominations of the 19th and early 20th Century. This topic brings to light the move away from what the Federalist had hoped for – a Christian Reformation Gospel that would maintain a religious and moral people such that electing moral, virtuous and wise men would keep the Republic and Liberty secure. And this fulfills what the Anti-federalist more clearly understood – That mankind was sinful and that all sort of attack would ensue even within the context of the churches without individuals holding to the Reformation Gospel Principles and Truths.
This radio program takes on the challenge of bringing to light what happened in a parallel course of events – The rise of socialism and communism in America: the parallel influence in the political arena and at the same time in the Protestant denominations.
Samuel Adams Returns with insights to stir the minds of men today as Samuel Adams set the brush-fires of the mind aflame during the rise of the battle for Liberty!
Listen to the program on Saturdays at 7 PM Eastern. The hosts page for more information.
Radio Program Archives Up
The Radio Program “Samuel Adams Returns – The Anti-federalists Got It Right” Archives are now up and available at Radio Program Archives.
Enjoy these previous programs and add Saturday at 7 PM to your informative listening schedule.
John DeWitt No. II – Decision Time & Considerations
“John DeWitt” II
The author that used the pseudonym of John DeWitt is unknown. As the writer challenges the Citizenry to take a hard look at this un-amended constitution. What would be the perils to the individual and the States that were minimized by a well-constructed State Constitution with Bills of Rights?
The Key Points in this article are:
1. A PERPETUAL form of government
2. Difficult to change
3. Chances of poor administration
4. Changes opposed by those who benefit most of the power
5. NO Bill of Rights
6. Defines a Compact
7. Those in power through tacit implication would subsume all rights of the people
“John DeWitt” II
Massachusetts, October 27, 1787
Continue reading
Potential of Judicial Tyranny Exposed
Again we have Yates, a scholarly judge, continuing his discourse regarding Article III of the 1787 Constitution. He picks up from his last delivering a one, two – three punch to the way the judiciary can become despotic and tyrannize the Citizenry:
- How it will tend to extend the legislative authority.
- In what manner it will increase the jurisdiction of the courts.
- The way in which it will diminish, and destroy, both the legislative and judicial authority of the United States.
Talk about being able to see into the 20th and 21st centuries! Yates knew that the judiciary would be the undoing of any national government, the states in particular and enslaving the Citizenry in the end. He states below: “The courts, therefore, will establish this as a principle in expounding the constitution, and will give every part of it such an explanation, as will give latitude to every department under it, to take cognizance of every matter, not only that affects the general and national concerns of the union, but also of such as relate to the administration of private justice, and to regulating the internal and local affairs of the different parts.”
Study this predictive article to see that the Anti-Federalist got it right!
And wait until Brutus XIII is expounded on…… Whoa to us for not heading the warnings of the Anti-Federalist. We live the horrors they foresaw!
(Emphasis added to capture your thoughts)
Continuing for Liberty,
Tom Niewulis
Brutus XII
7 February 1788
Continue reading
Will the National Judiciary Trump the Other Two Branches?
Brutus predicted the present dysfunctionality of the Supreme Court in this letter.
In actuality, Brutus is Robert Yates. Yates was one of the leading Anti-Federalist and in 1790 he was appointed as the Chief Justice of the N.Y. Supreme Court. “From the beginning of the struggle for independence, although he did not sign the Albany Sons of Liberty constitution of 1766, he was prominent in the local resistance to the Stamp Act. By 1774, he had joined the Albany Committee of Correspondence and stood among its first members when the committee’s activities became public in 1775… In 1775, Yates was elected to represent Albany in each of the four New York Provincial Congresses. … In 1776-77, he served on the committee that drafted the first New York State Constitution and also was a member of the “Secret Committee for Obstructing Navigation of the Hudson.” In October 1777, Yates was appointed to the New York State Supreme Court.
“Yates was appointed with John Lansing, Jr. and Alexander Hamilton to represent New York at the Philadelphia convention to revise the Articles of Confederation. Arriving in Philadelphia, Yates and Lansing felt the mood of the convention to produce an entirely new form of government was beyond their authority. After sending a letter to Governor Clinton urging opposition to the new Constitution, they returned home. His personal notes from the Philadelphia convention were published in 1821.”[i]
In every sense, understanding the context of Article III would be right up Yates area of expertise. The key elements that Yates addressed and predicted regarding the federal Supreme Court are:
1. Extend legislative authority.
2. Increase jurisdiction of the courts.
3. Diminish and destroy both the legislative and judiciary powers of the states.
Yates foresaw judicial tyranny and despotism. He writes below that the system:
1. “…authorize(s) the courts, not only to carry into execution the powers expressly given, but where these are wanting or ambiguously expressed, to supply what is wanting by their own decisions.”
2. “…that they will operate to a total subversion of the state judiciaries, if not, to the legislative authority of the states”
3. “…the courts are to give such meaning to the constitution as comports (def. – behaves) best with the common, and generally received acceptation of the words in which it is expressed, regarding their ordinary and popular use, rather than their grammatical propriety.”
4. “And in their decisions they will not confine themselves to any fixed or established rules, but will determine, according to what appears to them, the reason and spirit of the constitution. The opinions of the supreme court, whatever they may be, will have the force of law…”
5. “The judicial power will operate to effect, in the most certain, but yet silent and imperceptible manner, what is evidently the tendency of the constitution: — I mean, an entire subversion of the legislative, executive and judicial powers of the individual states.”
6. “the same principle will influence them to extend their power, and increase their rights; this of itself will operate strongly upon the courts to give such a meaning to the constitution in all cases where it can possibly be done, as will enlarge the sphere of their own authority…”
7. “…they will have precedent to plead, to justify them in it. It is well known, that the courts in England, have by their own authority, extended their jurisdiction far beyond the limits set them in their original institution, and by the laws of the land.”
As you can see, Yates has predicted that which we have experienced since the late 19th century and worsened in the 20th century. Judicial tyranny has always been a part and possibility of the Constitution of 1787 and although there were these types of warnings; not a single amendment was accepted at that time to put more restrictions on the judiciary.
(all emphasis added to bring your attention to these factors)
Commentary by: Tom Niewulis
Brutus XI
31 January 1788
Brutus VI – What about States Rights?
Brutus VI
27 December 1787
Key elements for the modern Citizenry to consider that is addressed in this letter regarding the Constitution as submitted to the states in 1787. Some of these elements are future looking, to the present, where as others are in continuum for as long as there are States.
Questions to be answered:
• Will the general government absorb the states?
• What of states rights?
• Does the general government have sufficient provisions to guard against misuse or abuse of power?
• Will the taxing authority of the general government take away what is needed within the states to execute their internal affairs?
Key Points:
1. The powers given to the legislator have no other limitation than the discretion of the Congress.
2. The “necessary and proper” clause will allow the legislature to do as they please.
3. The states taxing power is subservient to the general government such that in the future, the states cannot fund their activities and “the state governments will be dependent on the will of the general government for their existence.”
4. Through law and taxation the general government will establish agents and enforcers to execute the collection of taxes and penalties such that “… but it will not be many years before they will have a revenue, and force, at their command, which will place them above any apprehensions on that score.” Thereby usurping the rights of the people by use of force.
5. The constitution gives taxing power on every aspect of life such as:
a. “Cider (distilled alcohols and wines)
i. “… necessary to license the mills, which are to make this liquor,
b. “Porter, ale, and all kinds of malt-liquors
i. “… to regulate the manufactory of these,
ii. “… Every brewery must then be licensed
iii. “… officers appointed, to take account of its product, and to secure
the payment of the duty, or excise, before it is sold.”
c. It will wait upon the ladies at their toilett, and will not leave them in any of their domestic concerns…
d. … will enter the house of every gentleman, watch over his cellar, wait upon his cook in the kitchen, follow the servants into the parlour, preside over the table, and note down all he eats or drinks …
e. … it will take cognizance of the professional man in his office or his store …
f. it will follow the mechanic to his shop, and in his work,
g. it will be a constant companion of the industrious farmer in all his labour,
h. it will penetrate into the most obscure cottage; and
i. finally, it will light upon the head of every person in the United States.
6. Argues that the “general welfare” clause is nebulous and that, “It will then be matter of opinion, what tends to the general welfare; and the Congress will be the only judges in the matter. To provide for the general welfare, is an abstract proposition…”
7. The expectation for the elected would be “For every man, rulers as well as others, are bound by the immutable laws of God and reason, always to will what is right.”
8. The fear of Brutus is: “… The government would always say, their measures were designed and calculated to promote the public good; and there being no judge between them and the people, the rulers themselves must, and would always, judge for themselves.”
9. Finally, that the states have the same ability to take care of their needs to govern by independently have the financial resources to do so.