Free Republic

Amidst the manufactured angst over President Trump’s enforcement of immigration law, I recalled a few passages from Locke in America, by Jerome Huyler. As opposed to today’s social justice nonsense, which demands the acceptance of any and all foreigners, including barbarians intent on our destruction, immigrants to our shores in the latter-18th century had different aspirations. From Huyler: No sooner does a European arrive, no matter of what condition, than his eyes are opened upon the fair prospects . . . Has he any particular talent or industry? He exerts it in order to procure a livelihood, and it succeeds....

Subtitle: The Federalist No. 40 Recall from the Introduction to this series, Brent Dunklau, COS District Captain (HD 33 Texas), noted James Madison' seemingly contradictory stances in The Federalist No. 40. Is the Constitution an amended version of the Articles of Confederation (AC) or is it an unauthorized and radical departure? Brent regularly encounters this question, and it is one which Article V opponents use to delegitimize the Constitution. James Madison opened No. 40 with a quick reference to No. 39, in which he distinguishes between national and federal systems. A national system is democratic. A majority of the people...

Subtitle: Passing the Torch. Remarkably, despite the enormous pressure to disclose the goings on of the federal convention, its delegates managed to keep very close to their oaths of secrecy. In a cost-saving move, several states simply recommissioned their congressional delegates to attend the convention. With so many in Philadelphia, congress, which was in New York, rarely had a quorum to conduct business during the summer of 1787. Edward Carrington of Virginia feared too few of his fellow delegates would return to New York and there wouldn’t be a congress to receive the report of the convention! The president of...

Subtitle: The New Jersey Plan.In this post, we’ll see why continuance under the Articles of Confederation (AC) was certain to destroy the Union. The commissions for delegates to the convention were, at most, slight variations of the wording of the report from the 1786 Annapolis convention, “to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union.” It is on this clause that Article V opponents hang their collective hats. To them, entire state delegations intentionally disregarded their instructions to strictly stand by improvements to...

As Commander-in-Chief of the Continental Army, George Washington knew like no other man of the shortcomings of the Articles of Confederation (AC). From the despair at Valley Forge in 1777-78, and a congressional recommendation that he plunder the Pennsylvania countryside for supplies, George Washington and his men felt the full measure of inadequate government. On March 15th 1783, Washington prevented a mutiny of his army encamped at Newburgh NY that would have changed the course of American history. The Revolutionary War did not end with victory at Yorktown; British troops still held New York, Charleston, Savannah, and western outposts. Ironically,...

Without a formal league until just a few months before the climactic battle of Yorktown in October 1781, the fledgling independent republics of the Revolutionary War somehow managed to frustrate the most powerful nation on earth. On March 1st, Maryland, under threat of invasion by General Cornwallis, joined twelve other states in confederation. As Maryland illustrated, the first purpose of the confederation was common defense from the English Army and Royal Navy. The Articles of Confederation (AC) formalized the powers of a pre-existing congress of the states. With one vote each, Rhode Island had as much influence as Virginia. Congress...

Subtitle: The Question of Sovereignty. Didn’t the Framers violate the Articles of Confederation (AC) when they drafted the Constitution? Weren’t the AC the supreme law of the land? This is the view of many Article V opponents. From Article VI of the confederation, “No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united States in congress assembled . . . “ Furthermore, from Article XIII, “Every State shall abide by the determination of the united States in congress assembled, on all questions which by this confederation are submitted...

“Why just do what you can overdo?” is an insider joke in my family when one of us unnecessarily complicates an otherwise simple task. Over the next few posts, I’ll look at the Articles of Confederation. Brent Dunklau, Convention of States District Captain, (HD 33 Texas) provided the spark for this series. Like many in the COS movement, he has encountered pushback from Article V opponents who fear an Article V convention will replace the Constitution, just as the events of 1787-1788 replaced the Articles of Confederation (AC) with the Constitution. To opponents, these events were like a hostile takeover,...

Subtitle: The Road to Philadelphia. Most narratives on the events leading to the federal convention in Philadelphia begin with the Mount Vernon meeting of 1785, in which delegates from Virginia and Maryland discussed various issues involving commerce along their common border, the Potomac River. Other narratives, like those from Article V opponents, start with the congressional call to convention in February 1787. Both neglect earlier attempts to correct the shortcomings of the Articles of Confederation (AC). In previous posts to this series, we learned that congressionally proposed amendments to the still-to-be-ratified AC regarding nationwide taxation and regulation of commerce went...

As opposed to corruption of the US Senate, I’ve paid little attention over the course of this blog to the House of Representatives. The House isn’t involved with high profile treaties or appointments, and is far too infrequently involved with impeachments. Aside from hoping it doesn’t fall into democratic hands, it’s just sort of “there.” We dutifully vote every two years for the congressman of our choice, and that seems to be that. While few today give much thought to the topic of representation, it was high on the list of concerns during the Framing era. At the federal convention,...

A Letter from a Convention of States Volunteer. The election has brought lots of thought and opinions to me. Even the need to exhale after holding my breath for a long time. The need to see and have a change in my country has overtaken me in the last year. The thought as to what kind of country I would pass along to my grandchildren has been at the foremost part of my mind for a long time. Trump’s election to the presidency put a lot of Americans at ease, even the feeling of relief and there seem to me...

Along the way of researching my last two posts, I ran across The Two Great Republics: Rome and the United States (1913), by Illinois Senator James Hamilton Lewis. I was hesitant to open this online book because from his Wiki bio, Lewis supported both Woodrow Wilson and The New Deal. Bleh. But, I gave him a shot and I’m glad I did. While his conclusions squint Leftward, mine do not; his portrayal of Roman government and politics struck me as factual and neutral. His text found a home on my online reference bookshelf. The takeaway lesson is that republican societies...

Despite our best efforts, we occasionally stumble along the way of life. On the discovery of our mistakes, we correct them, learn, move on, and hopefully avoid repetition. As our capacity to learn improves with age, we learn from the mistakes others as well. But, perhaps the wisest among us learn from the successes of others. To avoid as many of life’s natural pitfalls as possible, pay attention to the examples of the successful, good, and virtuous. That which applies to our personal lives extends to society and that expression of society, republican government. Few republican governments of any extended...

My previous posts regarding repeal of the horrid 17th Amendment were built on a simple republican foundation; members of republics are represented in the lawmaking body. The Constitution acts on the people and states, and both had their place in congress until 1913. In its wake, the 17th Amendment left behind a federal Constitution without a federal government. Here, I take a different tack as to why the 17A must go. I will show from the standpoint of balancing society's natural proclivities, we must reestablish a federal senate of the states. Without a strong middle institution to repel democracy, the...

Restore the Republic. In conclusion, Publius Huldah repeated, “Our Constitution is a miracle; there is nothing wrong with it except for some amendments that Americans got conned into supporting.” Ignorance is our problem. It is our duty to know and enforce the Declaration and Constitution. View her speech here.Rodney Dodsworth Response. Every worldly creation endures wear and tear, and eventual breakdown if not purposely maintained. Government is no exception. All of them are subject to corruption by their administrators and neglect of their creators. Our Framing generation knew perfection was not a quality of our Constitution. As Thomas Jefferson wrote,...

Subtitle: Nullification. Publius Huldah. The Bill of Rights and Constitution are ignored. Our Framers advised two remedies to enforce the Constitution. First, James Madison said our constitution requires a virtuous people to select men of virtue and wisdom to office. The second remedy is “don’t go along with the lawlessness.” State legislatures must oppose violations of the Constitution instead of eagerly taking handouts to implement violations of our Constitution. (Timeline 36:00 – 43:00. View her speech here.) Thomas Jefferson, Alexander Hamilton, and James Madison wrote that each state has the natural right to nullify unconstitutional federal laws on their own....

Publius Huldah. Near 30:30 minutes into her speech, Ms. Huldah posits that James Madison opposed the state convention method in Article V. She cites The Federalist #49, and a private letter from Madison to a Virginia legislator named George Lee Turberville. Rodney Dodsworth Response. Considering that Madison made provision for amendments in his Virginia Plan of Government, and his notes of the federal convention do not reflect hostility to Article V, the bar must be set high for anyone to claim that Madison opposed a state convention to propose amendments. Ms. Huldah failed to clear the bar. Those who rely...

The 17th Amendment, which allowed the popular election of U.S. senators, “disenfranchised” state legislatures and altered the U.S. Constitution's checks and balances, Chapman University Law Professor John Eastman told an audience of state legislators in Washington, D.C. last week. The amendment made it easier for Congress to pass legislation, which eventually led to the massive growth in federal power that the states are still grappling with today... “What the founders did is come up with this counterintuitive notion that adding an extra layer of government would provide less government and greater liberty. And it only worked if those governments were...

On Tuesday, disgruntled Democrats held a forum to discuss the possibility of replacing the Electoral College. Rep. Zoe Lofgren (D-CA) conceded that Democrats could not get rid of the Electoral College due to the way the United States Constitution is written. “I don’t think we can sustain our American democracy by having the majority ruled by the minority. And so the question is how to fix this since the Constitution is written in such a way that it’s almost impossible to amend,” Lofgren said. Lofgren went on to say she is open to a Constitutional Convention, “We are three states...

Subtitle: Conspiracy Everywhere. Publius Huldah, “If we have a convention now, George Washington, James Madison, Ben Franklin, Alexander Hamilton won ‘t be there to protect you.” (Timeline: 24:00-30:20. View her speech.)Rodney Dodsworth Response. These leading soldiers, patriots, statesmen and others of equal caliber led the Continental Army, and served in the Confederation Congress and state governments. Yet, such men, the best of their times, were unable to keep, as per Article II of the Articles of Confederation (AC), “security of their liberties, and their mutual and general welfare.” The failure of the AC to achieve its ends, despite the enormous...