Lower Inflation But Why Don't You Have More Money?

 

I would like to introduce to you, as a guest author, a friend of mine, Victor Sperandeo, also known in his world as “Trader Vic.”  I recently asked him a question, “Why do we hear that the economy is improving but it seems like Americans still do not have ‘extra’ money to spend.  Victor answered my question, by sending me this article and teaching me an economics lesson.  I am sharing this lesson with you, because I found it so educational.  Hope you learn something, too.

Victor Sperandeo serves as the President and CEO of Alpha Financial Technologies, LLC (AFT), is a founding partner of EAM Partners L.P. (EAM), and serves as the President and CEO of its general partner, EAM Corporation.  Victor Sperandeo is a trader, index developer, and financial commentator based in Dallas, Texas. He has over 45 years’ Wall Street experience trading both independently and for many notable investors.  Mr. Sperandeo is widely regarded as an expert in commodities, particularly in the energy and metals sectors. His market crash prediction during the September 1987 Barron’s interview earned him great recognition and highlighted his deep understanding of financial markets.   Author of three books detailing his philosophy: Trader Vic — Methods of a Wall Street Master, Trader Vic II — Principles of Professional Speculation, and Trader Vic on Commodities: What’s Unknown, Misunderstood, and Too Good To Be True    2008 Inductee into the Trader Hall of Fame by Trader Magazine and included on Ziad Adelnour’s list of top 100 Wall Streeters

 

Inflation: Why Hasn’t It Increased?

By Victor Sperandeo

 

I want to discuss why inflation hasn’t increased during the past decade. Ironically, inflation has decreased to 56-year lows during the period from 2009 to 2017.  During this time U.S. debt virtually doubled, with M-2 compounding at 6% from December 2008 to April 2018. The Federal Reserve and leading economists have said they don’t know the answer.

To have inflation commodity prices must perform better.  Commodities are non-correlated to stocks and bonds while they are highly correlated to inflation, volatile interest rates, and high or rising GDP growth rates. All of these were at historic U.S. 240-year lows over the last 9 years.  Using the CPI to represent inflation, inflation made continuous new lows ending in 2017 at a compounded rate of 1.61% on a ten-year rolling annual basis. The five-year rolling annual rate also made new lows but has since recovered by 7 basis points. Since 1961 the five-year low was 1.36% (2012-2016), but now from 2013-2017 is 1.43%.

The reasons for the decline in these economic barometers were the policies of President Obama.  The “change” brought to the nation included increased regulations (see Todd/Frank), higher taxes for everyone (see the end of the Bush tax cuts in 2012), and the creation of Obamacare, a.k.a. the Affordable Care Act (ACA).  The ACA was effectively a huge tax on the middle class disguised as an insurance policy, which was then redistributed to the lower class, who got health care insurance policies at way below the market prices, by subsidizing the insurance companies. As a consequence, Obama transformed America into a virtual Corporatist/quasi-Socialist State. Today the U.S. is essentially an oligarchy of party leaders and federal judges, who are controlled and heavily influenced by multinational corporations, and outside special interests. They operate much like cartels. In short, we now have government similar to that of a banana republic.

Therefore, with 0% nominal Fed Funds rates for seven years and three large Quantitative Easing (QE) programs, combined with an increase in the Federal Reserve Balance sheet from $800 billion to $4.5 trillion, why isn’t inflation at least approaching historic compounded levels of 3.10% that were seen between 1913 and 2017? The primary reason is: when you execute extraordinary amounts of printing of paper money via QE, i.e. buying government debt, and other assets, such as mortgages, the cash created “out of thin air” goes only to the very few investors who own those assets in large quantities. No inflation occurs,

as those investors don’t spend that money, but rather invest it in assets such as equities, real estate, other debt, and art.  Prices for these assets rose to historic levels as a consequence. This is called “wealth creation” instead of inflation.  This Fed monetary and tax policy is also encouraging corporate stock buyback programs, which caused the velocity (or turnover) of money (via M2) to decline to the lowest level in 60 years, or 1.4 times. This, coupled with a lack of investment in new plant and equipment – causing capital expenditures to decline – resulted in a major decline in productivity to 0.7.  That in turn had led to stagnant medium incomes over the last 20 years. (This doesn’t even take into account the Free Trade thinking that caused the 19.8 million manufacturing jobs to decline to 11 million since NAFTA was enacted.)

If the bulk of people don’t get the money, they can’t spend beyond their revolving credit card limits. Household non-revolving credit debt (house equity and auto loans) is at record highs as of January 2018.  Total household debt is $13.2 trillion, also a new record. Credit card interest rates average 19.9% and range from 9.9% (often only as a promotional rate) to 29%. Contrast this to corporate debt which despite being at record levels costs around 3% to 3.25% on seven-year term debt.  This is the rate corporations are paying to borrow money to buy back stock. Inequality exponentially increases while the middle-class standard of living steadily declines; meanwhile low but steady inflation still takes its toll (for which nobody blames the Federal Reserve?).

Since 2008, “financial repression” has been in effect with interest rates below inflation. This is why stocks go up but no major actual inflation occurs. In effect, it is a method of government theft of individual savings; inflation is a stealth tax.  So, people hoard more as they earn less and their savings decline. For

example, the 90-day Treasury Bill yield at the end of March was 1.71%, while the CPI was +2.36% year over year.  This makes government and corporate borrowing virtually free. Historically (since 1926) T-Bills have traded at a compounded rate of 70 bps above CPI, not 75 to 50 bps below CPI. This is what is meant by “Government is created to serve the rich, while enslaving the poor.”

Moreover, these increases in government debt are not sustainable.  This is an existential threat to our Constitutional Republic’s political structure. Normally a nation with a printing press never defaults by bankruptcy, but rather by hyperinflation. This in turn historically has led to authoritarian dictatorships (see Napoleon and Nazi Germany). I should also mention these schemes of “Universal Basic Income” such as Facebook CEO Mark Zuckerberg is proposing would most likely cause hyperinflation, as people would get free money estimated at $36,000 a year per family, and certainly they would spend it.

In June 2017 the CBO projected that total stated debt would grow to $30.7 trillion in 2028 (up from the current $21 trillion).  However, in March 2018 that estimate was increased to $33.2 trillion, or an additional $254 billion per year.  Interestingly, they also raised their revenue estimate over the same period by over $1 trillion (even after the latest tax cuts).  So, these higher debt projections already take into account increasing revenue!  This assumes no recession during the period, which I estimate would increase debt by additional $12 trillion (making US debt $45 trillion). Not to mention our unfunded liabilities which could be anywhere from $100 trillion to $220 trillion in ten years going forward.

It should be noted that the longest recovery since 1854 – when the NBER began to keep track of such statistics – was 120 months.  We would reach 121 months in our current recovery in July 2019.  To think (via the CBO projections) the US can go 10 more years in recovery (for a total of 227 consecutive months) is like assuming the US will win the lottery; it may not be impossible, but it is highly unlikely. That is, unless you’re a politician (or the CBO) who lies for a living. Certainly, the borrowed times we live in will not be the future we assume we know?

At the bottom line are two fallacies. The first is the idea that paper money wealth will protect you, and what you see in asset prices around the world is accurate. Interest rates are manipulated by governments to the extremes in the history of civilization.  Therefore, we come to the second fallacy: the belief that prices are real.

How is this mindset allowed to persist, and why is this growing danger consistently ignored? This kind of thinking is based on “perception policy” to keep the sham going.  The situation was best described by Ayn Rand in her novel The Fountainhead: “The hardest thing to explain is the glaringly evident, which everybody has decided not to see.

www.LibertyFirstUniversity.com

 

Memorial Day: Something To Remember

Memorial Day:  Something To Remember

By KrisAnne Hall, JD

 

Our contemporary American experience seems often Orwellian.  We have a Congress that denies our Rights in the name of security.  We have a judiciary that often denies the Constitution and violates it by asserting a power to make law.  Many patriots have expended a great deal of energy to see our Liberty protected and America’s greatness restored. We are all aware that there are still many struggles ahead and mountains yet to be conquered.  But let us be reminded of a hope that is rooted firmly in the original American experience that makes our land so exceptional.

Our history is rich with men and women who have surrendered all so that many could live in the greatest place the world has ever known. For over 700 years before the Declaration of Independence, men and women were learning the lessons that would be taught to our founders. Lessons that would infuse our founders with the courage and hope that would build this exceptional land.

Patrick Henry said, “I have but one lamp by which my feet are guided, and that is the lamp of experience. I know no way to judge the future but by the past.” He was letting us know that his knowledge of those last 700 years, were the very reason he knew how this fight would turn out. He knew that every time men and women understood the value of Liberty and pledged all to protect it, they were always victorious. These guarantees of history must have raced through Henry’s head; 1100 Charter of Liberties, Magna Carta, 1628 Petition of Right, 1641 Grand Remonstrance, and his very own Bill of Rights of 1689. These were battles fought in the name of Liberty and he knew that victory was a guarantee. This is our history. This is our guarantee. This is our victory!

We have so much to be thankful for.  Let us not forget that Liberty is a gift that was purchased for us with great sacrifice. Among the many things we have to be thankful for, we must be eternally grateful for the wisdom of men and women that understood that Liberty was a gift from God and that all God’s gifts are worth our every sacrifice.  John Adams, in a letter to Abigail in 1777 expressed this sacrifice.

“Posterity ! you will never know how much it cost the present generation to preserve your freedom! I hope you will make a good use of it If you do not, I shall repent in Heaven that I ever took half the pains to preserve it.”

We must honor this sacrifice by honoring their memory and continuing their efforts.  Too often I see the revisionism of our history in an effort to demean these men and women with the purpose of destroying our Constitution.  We do not properly respect their efforts by allowing these lies to be taught to our sons and daughters.  We must teach the truth.  We owe it to them.  We owe it to our children.  It is our hope.

I am not trying to give the founders some divine status or even suppose them a level of perfection that they did not have. We must understand that our Liberty was not founded upon people, but upon principles. The people that gave us our exceptional American principles were flawed vessels just like you and me. However, the really amazing part of this history is that flawed men understood that the foundation of an enduring union must be Liberty moored in morality. Consider these words by Alexander Hamilton:

“Equal pains have been taken to deprave the morals as to extinguish the religion of the country [France], if indeed morality in a community can be separated from religion…The pious and moral weep over these scenes as a sepulcher destined to entomb all they revere and esteem.

The politician who loves liberty sees them with regret as a gulf that may swallow up the liberty to which he is devoted. He knows that morality overthrown (and morality must fall with religion), the terrors of despotism can alone curb the impetuous passions of man, and confine him within the bounds of social duty.” The Stand, No. III (April 7, 1798)

Our founders knew that Liberty is a combination of two equally important parts – it is FREEDOM under the constraints of MORALITY. Liberty cannot survive where there is pure freedom. Pure freedom gives man the right to do whatever is right in his own mind: cheat, lie, rob, murder. Pure freedom is anarchy. At the same time, Liberty cannot survive with moral law alone. Moral law not mingled with freedom is theocracy. Theocracy in the hands of men is tyranny in the name of religion. Our founders attempted give us this balance and secure the blessings of liberty for us in our founding documents. If we abandon our history, we abandon our founding documents and disregard our moral foundations, then liberty is in peril.

Thomas Jefferson gave us this warning, “Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift from God? Indeed I tremble for my country when I reflect that God is just, that is justice cannot sleep forever.”

While Benjamin Franklin warned America’s founders directly:

“In the beginning of the Contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for Divine protection…. All of us who were engaged in the struggle must have observed frequent instances of Superintending Providence in our favor…have we now forgotten that powerful Friend? or do we imagine we no longer need His assistance?…. 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?”

Patrick Henry said “Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us.”

Did these brave men and women live without fear? Hardly so! Mercy Otis Warren articulated this dilemma so well.

“I have my fears. Yet, notwithstanding the complicated difficulties that rise before us, there is no receding; May nothing ever check that glorious spirit if freedom which inspires the patriot in the cabinet and the hero in the field, with courage to maintain their righteous cause, and to endeavor to transmit the claim to posterity, even if they must seal the rich conveyance to their children with their own blood.”

They knew that bravery was not the absence of fear, but doing what you must in the face of fear. They knew that the battle for Liberty, as Mercy called it, was a righteous cause. Knowing the source of her courage is the key to understanding her resolve. Mercy wrote a letter to her friend Mrs. Macauley in 1774, from this letter we can know the source of her strength. She said they were “ready to sacrifice their devoted lives to preserve inviolate, and to convey to their children the inherent rights of men, conferred on all by the God of nature.”

The key to victory, the key to the courage that brings victory is not simply fighting the fight, but KNOWING we fight a righteous battle for the One who gave us that Liberty. Our founders were in a position to pledge their lives, the lives of their families, everything that they had because they were firmly rooted in ALL the assurances of Liberty. Our founders knew that Liberty is a gift from God, and those that stand for God’s gifts will be victorious through God’s promises. They firmly believed that living in tyranny was worse than dying for Liberty. They knew that through their faith in Christ, their rewards in standing for God’s gift would be certain, whether on the battle field or in Heaven.

As Thomas Paine so eloquently put it, “THESE are the times that try men’s souls.” But Paine’s full statement gives a richness that is lost with the initial quote alone. Payne continues to tell us who will last in this battle and WHY they will last.

“The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing (sic) its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated.”

If we want to have the resolve that Mercy Otis-Warren spoke of, the confidence that Patrick Henry displayed, we must KNOW what Thomas Jefferson knew so we will not become the sunshine patriots Thomas Paine condemns. We must know Liberty is a gift from God.  We must know this Gift, although comes at a high price, is worth fighting for because God is with us. If God be with us, who can be against us?

As an exceptional union built upon exceptional principles, we cannot deny that we are built with a foundational understanding of an exceptional God. Thomas Jefferson reminds us that, “We are not in a world ungoverned by the laws and the power of a Superior Agent. Our efforts are in His hand, and directed by it; and He will give them their effect in His own time.”

Because of our historical understanding that America was built on the principles of freedom and morality, America has always been the haven of rest when tyrants oppress their own. She is the vineyard of innovation and opportunity. We are a people that open their arms to the tired, to the poor, to the oppressed, to the huddled masses yearning to breathe free. No other people can claim this legacy; no other people have this birthright. This is the shining city upon a hill, and we cannot hide our light under a bush.

The focus of our education should not be on the flaws of the men who gave us our Constitution, but on the exceptional principles that they gave us. We have an exceptional union where “all men are created equal and endowed with certain inalienable rights.” A land birthed by the principle that the power of the government is to be held BY the people and not where the government holds power OVER the people. A country that believes the principle that says all are free to worship according to the dictates of their conscience, and all are equally free, “Jews, Turks, pagans, AND Christians.”  We have prospered based on the principle that ideas and hard work open the door to prosperity regardless of bloodline, skin color or social status. A land that has remained free based on the principle that liberties remain secure by maintaining the right to defend self, property, and Liberty.

In the profound words of Daniel Webster, “Is our Constitution worth preserving? Guard it as you would guard the seat of your life, guard it not only against the open blows of violence, but also against that spirit of change…Miracles do not cluster. That which has happened but once in six thousand years, cannot be expected to happen often. Such a government, once destroyed, would have a void to be filled, perhaps for centuries, with revolution and tumult, riot and despotism.”  An Anniversary Address by Daniel Webster July 4th 1806

Let us maintain a true focus on what is important. In this day it is so popular to denigrate America for every little flaw. Why not take back a bit of American Exceptionalism? Why not embrace what makes us different from every other place on the globe? America is exceptional because we are built on exceptional principles. Principles of Liberty, freedom, morality, and equality as derived from our Creator.  And these principles are STILL WORTH FIGHTING FOR!

www.LibertyFirstUniversity.com

State Power over Sports Gambling is Not the Same State Power Over Aliens and This is Why

State Power over Sports Gambling is Not the Same State Power Over Aliens and This is Why

By KrisAnne Hall, JD

“To assert that the two are the same, undermines the authority of the Constitution itself and has the potential to create the very crisis the creators of the Constitution were attempting to avoid.”

The supreme Court recently rendered an opinion in the case Murphy v NCAA regarding the State’s ability to legalize sports gambling.  The majority Court opined that the Tenth Amendment made The Professional and Amateur Sports Protection Act (PASPA) unconstitutional thereby taking the stance that the States were not only not bound by this federal law, but that the States could indeed, pass legislation to legalize sports gambling within their State.  (To better understand this particular opinion, please read this explanation.)  There are many, from Judges to media pundits, who now profess that this opinion regarding State’s power and sports gambling will also set a precedent to justify several States’ actions to ignore federal laws regarding naturalization.  I would not even be surprised if some federal judges attempted to use this argument to render certain federal laws regarding naturalization void.  However, this is not the conclusion that can be drawn if we are to follow the Constitution and the terms of this contract that binds the States into the American Union.

1. Controlling Law is the Constitution Not Precedent

The controlling law in this matter, first and foremost, is not precedent, but the Constitution itself.  We know through Article 6 clause 2 of the Constitution (the Supremacy Clause) that the Constitution is the Supreme Law of the Land.  We also know from this clause that only the laws made by Congress that are within compliance with the Constitution are the Supreme Law of the Land.  Several drafters of this Constitution spoke on this matter making the conditional nature of federal laws even more clear.

“…the power of the Constitution predominates.  Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law.” James Wilson 1787 Ratification Debates

“No legislative act, therefore, contrary to the Constitution, can be valid.”  Alexander Hamilton, Fed #78

The Supremacy Clause itself declares that laws made by Congress that are inconsistent with the powers specifically enumerated to the federal government are not binding upon the States.  Within the Bill of Rights is the Tenth Amendment which serves as further clarification of this separation of powers between the States and the federal government.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Tenth Amendment (emphasis mine)

2. Delegation of Powers Makes the Legal Distinction

It is within the distinct separation of powers between the States and federal government that the Constitutional difference exists between States legislating sports gambling and States denying the Uniformed Rules of Naturalization.  Simply put, the power to establish Uniform Rule of Naturalization is a power delegated to the federal government through the States’ Constitutional compact, the power to make laws regarding gambling is not. (NOTE: The assertion that the federal government is empowered to regulate gambling through the “commerce clause” is an errant expansion of federal power through “interpretation” not intended by the drafters. LINK)

The authority to make the Uniform Rule of Naturalization was delegated to Congress through Article 1 section 8 clause 4 of the Constitution:

“To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”

The purpose of this power being delegated was to correct serious problems that had arisen through the Articles of Confederation due to “the dissimilarity in the rules of naturalization” that James Madison identifies in Federalist #42 as “a fault in our system.”  Madison appropriately defines “naturalization” as the classification that bestows upon an alien “all privileges and immunities of free citizens.”  In the previous Constitution, the definitions of citizenship were left to the independent States creating not only confusion amongst the States, but as Madison asserts, a potential for “embarrassment” and “chaos.”  When the States established their own standard of naturalization, creating different standards across the Union, an alien could enjoy the benefits of citizenship in one State but not others.  So an alien who enjoys the benefits of citizenship in one State could bring the legal claim to demand the benefits of citizenship in other States who have different standards.  Madison said this claim would establish that “the law of one State be preposterously rendered paramount to the law of another, within the jurisdiction of another.”  Those who ratified the Constitution considered this to be a problem too serious to not be provided against.  Therefore, the power to establish a Uniform Rule of Naturalization was established; to ensure a single standard from State to State for aliens to become citizens and enjoy the benefits of citizenship.

3. States who are a part of the Union must recognize the authority established by the Constitution

Every State that enters the Union under this Constitution, must agree that this power is delegated to the federal government and must admit they do not have the authority to alter those standards.  If they do so, they are violating the terms of the Constitution they agreed to when entering the Union and are breaking their fiduciary duty to the other States.

The federal exercise of the power over the standards for naturalization is consistent with the Constitution, by the terms of the Constitution it is the Supreme Law of the Land, and the States are bound by it.  Any alteration of this standard is not only contrary to the intent of the Constitution, but also contrary to the very language itself.  Cities and States who are allowing aliens to vote, to hold government office or to participate in tax payer benefits and welfare are violating the terms of the Constitution and their duty to the other States.

4. Gambling and Naturalization are not Constitutionally the same

The supreme Court was correct in its opinion to say that PASPA does not control the States.  However, to claim Murphy v NCAA creates a precedent that will allow States to create their own standards for applying the benefits of citizenship to aliens is errant and dangerous.  If the courts suggest that a State can create its own standard for citizenship, then what will prevent a State from refusing citizenship status to person based upon their religion, skin color, or political ideology, and then subsequently demanding that standard upon other States?

Finally, as Madison explains in Fed #42, “If we are to be one nation in any respect, it clearly ought to be in respect to other nations.”  The entire purpose behind the States creating the federal government is to be a representative on behalf of the States in foreign affairs.  The manner in which an alien becomes a citizen is just as much a foreign affair as a domestic one.  To have uniformity in that manner not only makes for better foreign relations, but will also, as Madison again explains, foster “the harmony and proper intercourse among the States.”

For the State to create laws contrary to the Constitution is quite different from a State creating laws when the power has been reserved to the States.  That distinction is what the Tenth Amendment is all about.  Gambling is a power reserved to the States; Naturalization is a power delegated to the federal government.  To assert that the two are the same, undermines the authority of the Constitution itself and has the potential to create the very crisis the creators of the Constitution were attempting to avoid.

www.LibertyFirstUniversity.com

 

Supreme Court Betting On College Sports

Supreme Court Betting on College Sports

By KrisAnne Hall, JD

 

In a baby step back toward protecting reserved State Powers, the Supreme Court on Monday overturned a twenty-five year old federal law called The Professional and Amateur Sports Protection Act (PASPA).  The Act was originally signed into law in 1992 to target organized markets for sports gambling.  This federal law was not a flat ban on sports-gambling schemes, but only a law that prohibited States from permitting sports gambling by State law.

In an opinion written by Justice Alito, the majority of the court decided this law was a violation of the Tenth Amendment to the Constitution.  Alito says, “The legislative powers granted to Congress are sizeable, but they are not unlimited.  The Constitution confers on Congress not plenary legislative power but only certain enumerated powers.  Therefore, all other legislative power is reserved for the States, as the Tenth Amendment confirms.”  The Tenth Amendment limitation is referred to by the court as the “anti-commandeering doctrine.”

The people of New Jersey want to legalize sports gambling but PASPA makes it illegal for States to legalize any “sports gambling schemes.”  The people of New Jersey argued that this federal law infringed upon the State’s sovereign authority.  The State relied upon two cases; New York v. US (1992) and Printz v. US (1997) that struck down federal laws that imposed improper regulatory powers upon the States.  In Printz v. US the supreme Court used Federalist Papers 39 as support for their opinion in which James Madison explained:

“[T]he 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. In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects.”

In these cases, the supreme Court recognized that there are separate and independent jurisdictions that exist within the two sovereign spheres of government; the State and the Federal.  When the power has not been delegated to the Federal that power remains in the State and outside of the Federal’s power to impose laws upon the State.  Following this same standard established by the Tenth Amendment in the Constitution, Justice Alito and the majority court recognized the State’s authority to regulate gambling lies within the sovereign realm of the state’s authority and that Congress directing state legislatures to prohibit sports gambling is not an enumerated power delegated by the Constitution to the federal government.

“The anti-commandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution, i.e., the decision to withhold from Congress the power to issue orders directly to the States.”

It is refreshing to see the supreme Court return to this fundamental and essential truth; that the States are independent sovereigns and the federal government can only lawfully exercise powers that have been properly delegated.  This Court also recognized the constitutional principle of the sovereignty of the States in NFIB v. Sebelius when Chief Justice Roberts, writing the majority opinion said;

“In the typical case we look to the States to defend their prerogative by adopting “the simple expedient of not yielding” to federal blandishments when they do not want to embrace federal policy as their own.  The States are separate and independent sovereigns.  Sometimes they have to act like it.”

Although this is just a small step, Alito and the majority court may be steering the federal government back in the proper direction; one not only required by the Constitution but also by those who wrote it.  Alexander Hamilton makes this very clear in Federalist #78:

“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.  No legislative act, therefore, contrary to the Constitution, can be valid.”

Hamilton is explaining in this text that in order to for a federal law to be valid, it must not only comply with the text of the Constitution, it must also be consistent with the “tenor of the commission under which it is exercised.”  The Constitution requires adherence to the intent of the drafters as well as the words of the document.  In a display of adherence to this intent, Justice Alito quotes the Declaration of Independence and Madison’s Federalist #39 in his majority opinion to once again remind the people and their Congress that the States are sovereign.

“When the original States declared their independence, they claimed the powers inherent in sovereignty- in the words of the Declaration of Independence, the authority ‘to do all…Acts and Things which Independent States may of right do’…the States…retained ‘a residuary and inviolable sovereignty.’”

However, one point Alito seems to miss in his opinion is that the power to regulate gambling is not a power that is delegated AT ALL to the federal government.  He claims that “[c]ongress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.”  In this broad assertion of power, Alito actually sides with Justice Ginsberg and the dissent; that the federal government is realistically unlimited in its exercise of power.  Justice Thomas, in his concurring opinion, is the only Justice who denies this assertion of unlimited authority:

“Unlike the dissent I do “doubt” that Congress can prohibit sports gambling that does not cross state lines.”

Indeed, you may search the entire text, you may scour the writings of the drafters of this Constitution, but you will never find an authority delegated to the federal government to regulate such activity.  The assumed authority to do so comes from an interpretation of the Commerce Clause, in which the federal government stretches the meaning and application way beyond the “tenor of the commission” of the Constitution.  As Madison explained in 1792, during the Cod Fishery debate, the clauses within the Constitution are not powers delegated at all; they are merely explanations of “the purpose of the powers which are delegated.”  These clauses were never intended to be boilerplate blank checks written to Congress to create whatever law they could somehow justify.  Madison issues a very stern warning against using these clauses for that purpose.

“…for if the clause in question really authorizes Congress to do whatever they think fit… it would subvert the very foundations, and transmute the very nature of the limited government established by the people of America.”

What Alito suggests is that the powers of the federal government are not limited by the Constitution, but by mere will enforced by interpretation of clauses.  Alito seems to only differ from the dissent in policy but not in principle.  However, as Alito does assert in his opinion, the Tenth Amendment is very clear; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  However, Alito’s final statements seem to assert that there are no reserved powers that rest within the States.  What he is really saying is that ALL POWER exists within the federal government and anything the feds choose not to use, is then “available” to be exercised by the States.  Alito’s claim then becomes the very manifestation of Madison’s warning, transmuting the limited nature of the federal government to one that is limited only by its own interpretation and desire for power.  Alito is not supporting a Constitutional Republic, but an unlimited federal kingdom that grants permissions to its vassal colonies – the states.

There should be no doubt as to the limited authority of the federal government.  There should be no doubt as to the reserved powers and sovereignty of the States.  Both are well documented within the Constitution and in the drafters’ explanations of the Constitution.  However, this fundamental and essential principle necessary for the existence of our Constitutional Republic still eludes our justices who claim the federal government can regulate the lives of the citizens in whatever manner they choose, as long as they can create an articulate justification and manipulate the Constitution, irrespective of the tenor in which it was written.  It is a step in the right direction to see the Court once again asserting the Sovereignty of the States.  However, what is the real difference between the majority and minority opinions when they both support an unlimited congressional authority over the people and left over power for the States?

An Open Letter To Our American Youth

Dear #NationalSchoolWalkout:

I weep with you. I am also proud to see you standing for what you believe in. However what you ask for will not bring the results you desire.

These problems in society have never been a result of too much Liberty & eliminating the natural rights of all people will never bring the proper solution. If we want to make you feel safe at school & everywhere in public we must be honest as a society & deal with the real problems.

1. Schools & government are failing you. They have little to no security & practically no real policy to keep your schools secure.

2. We have to endure more security at a public museum than we do at our public schools. I ask our governors & administrators which of these treasures is more valuable?

3. We need to not just make promises to keep you safe, we need policies & actions. We need real secure entrances & exits into the schools. We need real policies limiting “visitors” on campus. Nearly every school shooter would have never even been on campus with proper security & policies.

4. Adults have failed to see your cries for help & have failed to act upon them, putting everyone at risk. We need more adults who are concerned with your mental, physical, & emotional health rather than political correctness, job security, or hurt feelings.

5. We need to train your teachers better. They know CPR; they know how to help a choking child; they need to know how to stop someone from hurting you.

The real solutions that will bring the safety & security we all desire do not require a new federal law or regulation; they do not require a constitutional amendment; they do not require depriving anyone of any rights. The real solutions are much simpler than that.

The real solutions to keeping you safe require only a people who love their children enough to create and enforce local policies & proper training dedicated to the preservation of life, liberty, & property.

The history of the entire world dictates that taking the rights of people to defend themselves will not keep them safe, but will only serve to enslave our future to those more powerful. We must learn that without liberty, security is nothing more than a vapor. Unfortunatley, those who do not recognize their history are doomed to repeat its mistakes.

By not addressing the real problems & and not employing the real solutions, we end up destroying what we set out to preserve. We will make you & your future less safe & we will pass on to all our children a future of greater oppression.

I am telling you this not because I am judging you. I am telling you this because, as a mom, I love you.

We can keep our you safe and keep your rights & liberties secure at the same time. It is time to take back the narrative. It is time to get to work & secure Liberty for all. That is not just our duty to you and to all our children, it is who we are as Americans.

Sincerely,
KrisAnne Hall
www.LibertyFirstUniversity.com

DHS to Monitor "Media Influencers"

DHS To Collect, Catalog Journalists, Blogger info to Monitor “Media Influencers”

The Department of Homeland Security is seeking bids from contractors to create a database that will monitor and collect information on journalists and bloggers the government designates as “media influencers.”  The call for bids first showed up on FedBizOps.gov can be seen now at https://goo.gl/3dWwX3.

Now the Department of Homeland Security says we have nothing to worry about.  As a matter of fact, DHS spokesman Todd Houlton tweeted on April 6, 2018 that anyone who has concerns is merely a “tinfoil hat wearing, black helicopter conspiracy theorist”:

So the Department of Homeland Security is going to be collecting personal information and internet activity on people they classify as “media influencers” and anyone worried about that is just an anti-government extremist.  What could possibly go wrong with that?

For more details on this program listen to this short clip from The KrisAnne Hall Show: https://goo.gl/Lwqziv

For the entire episode of the KrisAnne Hall Show listen here: http://krisannehall.com/zuckerberg-cohen-daniells-raid/

To learn more about your Rights to be free from government control of speech, press, and all essential Liberties, go to www.LibertyFirstUniversity.com

The Second Amendment And Slavery

The Second Amendment & Slavery

by KrisAnne Hall, JD

 

In an TMZ interview with Larry King recently it was said that the 2nd amendment was created by “Southern senators so they could ward off slaves uprising.”  Yes there was slavery in the colonies and it was not confined to the South. Yes there were pro-slavery states pressuring convention delegates.  However not everyone was pro-slavery and the right to bear arms was not something foisted upon the nation by those who wanted to continue the abominable trade. The oversimplification in the Larry King interview of this complex history presents a sad distortion and denies many honorable and brave people of color their proper station in history.

It doesn’t take extensive research to discover that the very first man to give his life in our battle for independence was a freed slave by the name of Crispus Attucks.  Crispus Attucks not only gave his life so we could be free, but was one of the most honored patriots of this time.  The Boston Globe reported that Attucks’ funeral was the most attended funeral in the history of Boston.  This armed, freed slave fought for our freedom.

American history also reveals battalions of freed slaves that fought for our independence.

Peter Salem was one such hero.  As a freed slave, Salem is credited with having killed Major Pitcairn, resulting in the American victory over the British troops in the very famous battle of Bunker Hill.  Salem would receive many honors for this feat, even the praise of General George Washington.  This armed, freed slave fought for our freedom.

Americans should learn of the Bucks of America, Ned Hector, and of the George Middleton, a free black man and colonel in a Massachusetts Militia.  Middleton was a hero among those who fought in our war for independence.  Upon his retirement from duty, in 1796, Middleton started the “African Benevolent Society,” a charitable organization to care for the needs of the widows and orphans of those black soldiers who fought in our war for Liberty. All those armed, freed slaves, fought for our Liberty.

Mr. James Forten the son of free blacks, at 14 years old, heard the public reading the Declaration of Independence in the streets of Philadelphia.  Forten then joined the Navy to fight against the British oppression of the American colonists.  He was taken captive and given the option of living with a captain of the British Navy as a slave companion of the captain’s son.  Forten was told he would have comfort and provision like he had never known in America, if he would only agree to stop fighting and return to his life as a slave in Britain.  Forten, as a young man, responded: “I have been taken prisoner for the liberties of my country, and never will prove a traitor to her interest!”  He ended up spending 7 months in a British prisonship for his devotion to freedom and liberty.  This armed, free black man, fought for our freedom.

Let us not forget Prince Whipple, the freed black man who fought along side General George Washington and is seen in the very famous painting of Washington crossing the frozen Delaware River.  These are but just a few examples of the many armed freed slaves who fought for the new America.  .  Several of our States had a provision, that gave permanent freedom to all slaves wanting to fight for Liberty and independence.  This history means there are some free men who gave their only free breath so America could be free and Americans do not even know their names.

I could write extensively of the reams of documented conversations in which the American founders held the right to bear arms out to be an essential right to protect a nation from government tyranny and oppression, not a means to subjugate slaves. In fact, the man known as the Father of the Bill of Rights, George Mason from the southern colony of Virginia, notably created the Fairfax Resolves of July 1774 which declared that slavery should be done away with. This matched the strong sentiments he expressed in an essay in 1773:

“That slow poison…is daily contaminating the minds and morals or our people. Every gentleman here is born a petty tyrant. Practiced in acts of despotism and cruelty, we become callous to the dictates of humanity, and all the finer feelings of the soul. Taught to regard a part of our own species in the most abject and contemptible degree below us, we lose that idea of dignity of man which the hand of nature has implanted in us for great and useful purposes.”

One cannot look at the strong abolitionist sentiment in many of the founders’ writings and accept such a simple broad-brush of history as put forth by Larry King and others like him. Many in our founding, both black and white fought against the evils of slavery. Many fought for it. Eventually good triumphed over evil. To trot out racial division every time we want to win an argument, not only dishonors all of those who sowed seeds and spilled blood to move us closer to liberty for all, it threatens to grow an irrational hatred that serves the best interests of no-one.

We need a renewed vigor for truth in history in America.  We need to learn about the Liberty we possess that so many before us fought to secure.  We cannot preserve our freedoms while denying the history that won them.  Those who do not know their history are doomed to repeat its mistakes.

Liberty First University has courses particularly to educated on this history and the principles that drove the creation of our Constitutional Republic.  Please visit www.LibertyFirstUniversity.com and review the following courses to better educate yourself against these errors of history:

  1. Slavery and the American Founders
  2. Forgotten Founders
  3. The Right to Keep and Bear Arms: The Second Amendment

States Ignoring the Constitution & Rules of Naturalization

States Ignoring the Constitution & Rule of Naturalization
By KrisAnne Hall, JD

An Illegal Alien has been appointed to California government and has become the poster child for WHY our founders delegated to Congress the power to create a Uniform Rule of Naturalization.

Ironically, there was a discussion during the ratification of our Constitution on why it was necessary to establish a Uniform Rule of Naturalization. Once again, a disregard for the Constitution and its intent has America experiencing a crisis that our founders sought to prevent.

Prior to our current Constitution, under the Articles of Confederation, each State was left to determine, independently, the terms of citizenship. James Madison, Father of the Constitution, wrote in Federalist 42;

“The dissimilarity in the rules of naturalization, has long been remarked as a fault in our system…”

Madison goes on to describe the condition of confusion thrust upon all the States because of a lack of standard for the benefits of citizenship. For example, one State would establish a very lax standard for citizenship where another State would establish a very strict standard. This disparity created chaos when people would travel or move from one State to another. Madison asks the question, what would happen if a person who is banned from citizenship in one State, obtains citizenship from another State and then demands the benefits of citizenship from that State from which they were originally banned?

“An alien, therefore, legally incapacitated for certain rights in the latter, may, by previous residence only in the former, elude his incapacity;”

Madison then explains to avoid these consequences both “embarrassing” and “potentially very serious” our Constitution delegated the authority to Congress to establish a uniform rule to obtain the benefits of citizenship.

Liz Mateo, claiming those benefits of citizenship through the State of California, is not a citizen by the terms established through the Constitution by law. Mateo has lived her life experiencing the benefits of that citizenship she does not legally hold. She got a doctorate level of education from Santa Clara University School of Law. When she graduated, she was not grateful for these benefits, however, she declared, “[E]verything is dedicated to Oaxaca, Mexico!! to that land that I miss so much.”

In addition to her education, Mateo has now been appointed to serve within the California State government. As a new member of California’s representative government, one of her chief concerns is that illegal aliens are “under represented” in American government. Mateo clearly has a great deal of confusion about the terms of citizenship established by law. One can only imagine the chaos that would ensue if Mateo were to leave California and expect to experience these same benefits in a State that is actually complying with the terms of citizenship created through the Constitution. As Madison supposed, what will also be the more “serious consequences” when people like Mateo continue to expect the benefits of citizenship while remaining ignorant and even hostile to the Constitution itself? And what will be the “serious consequences” in all of America if we continue to ignore these historical truths by allowing States like California violate the supreme law of the land?

The governors of every other States must immediately take a stand against this violation of the Constitution. Each State should issue resolutions of condemnation and sanctions against California until they come into compliance with the terms of the Constitution. The people must demand that the federal executive branch continue to enforce the Uniform Rule of Naturalization, even in California. If California refuses to come into compliance with the Constitution the other States need to have a serious discussion amongst each other and Congress regarding the ability of California to remain a part of the Union.

States like California are not just ignoring the Constitution, they are also ignoring the history and wisdom used to write the Constitution. Their blatant disregard is thrusting America into the embarrassment and chaos our founders actively sought to prevent.

Learn what you need to know about our Constitution and government at www.LibertyFirstUniversity.com



 

Una Lección Sobre el Control de Armas

Dear Liberty Student: Because Liberty is the possession of all; because we have a duty to share the truth; it has long been a desire for us to reach everyone with the good news of Liberty.  We now have a volunteer that is helping us translate this important education into Spanish.  Last month this article was also translated into Polish! Will you help us teach Liberty globally by sharing this article far and wide?  To read and share this article in English click here: https://goo.gl/5AR85N  Liberty First!  KrisAnne Hall

Estimado estudiante de Liberty:  Porque la libertad es la posesión de todos; porque tenemos el deber de compartir la verdad; Desde hace tiempo, es un deseo para nosotros llegar a todos con las buenas nuevas de la Libertad.  Ahora tenemos un voluntario que nos está ayudando a traducir esta importante educación al español. ¡El mes pasado este artículo también fue traducido al Polaco! ¿Nos ayudará a enseñar Liberty globalmente compartiendo este artículo por todas partes?  Para leer y compartir este artículo en inglés, haga clic aquí: https://goo.gl/5AR85N ¡Liberty Primero!  KrisAnne Hall

 

Una Lección Sobre el Control de Armas

KrisAnne Hall, JD

www.LibertyFirstUniversity.com

 

Lo que muchos ciudadanos y legisladores no entienden es que el gobierno federal no tiene el derecho de impedir que un ciudadano respetuoso de la ley posea CUALQUIER arma de fuego. Todo el argumento para el control de armas se basa en una premisa falsa. La segunda enmienda no se trata de autodefensa de criminales.

Tan desagradable que pueda ser para esta sociedad moderna decir en voz alta, histórica y constitucionalmente hablando, el derecho de la gente a tener y portar armas siempre ha sido un derecho a protegerse de aquellos en el poder que quieren esclavizarlo. Si los Estados Unidos desea participar en un debate real sobre el derecho de tener y portar armas, debe enfocarse desde la perspectiva correcta.

La Constitución y su historia son inequívocamente claras en esto. Aquí hay una pequeña lección de historia de la 2da Enmienda para que podamos defender nuestros derechos para que no se conviertan en privilegios otorgados por el gobierno.

Todo lo que necesitamos saber fue explicado por nuestros fundadores en los años 1787-1788. La primera lección viene de George Mason. George Mason, junto con James Madison, se conoce como el “Padre de la Declaración de Derechos.” Me parece a una buena persona escuchar cuando se trata de cualquier parte de la Carta de Derechos es alguien que se conoce como su “Padre”. Mason primeramente explica la razón que debemos portar armas, y adivina qué; no tiene nada que ver con la caza ni el tiro al plato … o la lucha contra asaltantes.

“Hace cuarenta años, cuando se formó la resolución de esclavizar a America en Gran Bretaña, un hombre hábil, (Sir William Keith), gobernador de Pensilvania, aconsejó al Parlamento británico desarmar al pueblo; que era la mejor y más efectiva manera de esclavizarlos; pero que no deberían hacerlo abiertamente, sino debilitarlos, y dejarlos hundirse gradualmente, desanimando totalmente y descuidando a la milicia ciudadana. [Aquí, el Sr. Mason citó varios pasajes a este respecto.] ¿Por qué no deberíamos brindarles protección contra el peligro de destruir nuestra milicia ciudadana, nuestra fuerza real y natural? El gobierno general debería, al mismo tiempo, tener algo de ese poder. Pero no necesitamos darles el poder para abolir a nuestra milicia ciudadana.” George Mason, Convención Ratificadora de Virginia, 14 de junio de 1788

A Woman on a Mission of Liberty

En las palabras del “Padre de la Carta de Derechos”, tenemos armas para no quedar esclavizados por el gobierno federal. Pero el Sr. Mason no termina su lección allí, continúa asegurándose de que sepamos quién es la milicia ciudadana y esto es contrario a lo que la mayoría de los políticos de hoy profesan.

“Señor Presidente, un digno miembro ha preguntado quiénes son las milicias ciudadanas, si no son las personas de este país, y si no debemos estar protegidos del destino de los alemanes, prusianos, etc., por nuestra representación. Pregunto, ¿Quiénes son las milicias ciudadananas? Consisten ahora en todo el pueblo, excepto unos pocos funcionarios públicos. Pero no puedo decir quién será la milicia ciudadana del día futuro. Si ese papel sobre la mesa no este alterada, la milicia ciudadana del día futuro puede no consistir en todas las clases, altas y bajas, y ricos y pobres…” George Mason, Virginia Ratifying Convention, 16 de junio de 1788

Entonces Mason explica que “We The People” somos la milicia ciudadana a portar armas para evitar ser esclavizados por el gobierno federal Y para protegernos de la tiranía de NUESTROS REPRESENTANTES, cuya negligencia nos lleva a sufrir el mismo destino de las naciones extranjeras.

La segunda lección viene del gran patriota Noah Webster. Hablando sobre la amenaza de un gobierno central abrumador, explica con gran claridad la razón por la cual nuestros fundadores intentaron armar a toda la ciudadanía.

“Otra fuente de poder del gobierno es la fuerza militar. Pero esto, para ser eficiente, debe ser superior a cualquier fuerza que exista entre las personas, o que puedan mandar: porque de lo contrario esta fuerza sería aniquilada, en el primer ejercicio de actos de opresión. Antes de que un ejército permanente pueda gobernar, la gente debe ser desarmada; como lo son en casi todos los reinos de Europa. El poder supremo en los America no puede imponer leyes injustas con la espada; porque todo el cuerpo del pueblo está armado, y constituye una fuerza superior a cualquier banda de tropas regulares que pueda, bajo cualquier pretensión, ser criada en America. Una fuerza militar, al mando del Congreso, no puede ejecutar ninguna ley, pero tal como las personas perciben que es justa y constitucional; porque ellos poseerán el poder, y los celos instantáneamente inspirarán la inclinación, para resistir la ejecución de una ley que les parece injusta y opresiva “. Noah Webster, un examen de los principales principios de la Constitución Federal, 1787

No hay necesidad de interpretación. Estas instrucciones están escritas en inglés simple. ¿Por qué portamos armas de acuerdo con Noah Webster?

  • Para evitar el dominio de un ejército permanente;
  • Para evitar que el Congreso ejecute leyes injustas e inconstitucionales;
  • Para evitar que el Gobierno Federal se vuelva injusto y opresivo;
  • La gente que porta armas debe ser SUPERIOR a un ejército controlado por el Congreso.

La lección número 3 proviene de un fundador al que se hace referencia en seudónimo como Carta de un granjero federal (muy probablemente Richard Henry Lee, escritor de la Resolución que declara la independencia). El Sr. Lee explica,

“para preservar la libertad, es esencial que todo los ciudadanos siempre posean armas, y se les enseñe por igual, especialmente cuando son jóvenes, cómo usarlas; tampoco se desprende de esto, que todo promiscuamente debe ir al servicio real en cada ocasión. La mente que apunta a una milicia ciudadana selecta debe estar influenciada por un principio verdaderamente anti-republicano; y cuando veamos a muchos hombres dispuestos a practicar en él, siempre que puedan prevalecer, no es de extrañar que los verdaderos republicanos sean para protegerlo cuidadosamente.” Carta del Granjero Federal # 18 25 de enero de 1788.

El Sr. Lee explica que es nuestro deber no simplemente portar armas, sino SIEMPRE portar armas. Es probable que el Sr. Lee se revuelva en su tumba ante la idea de que tenemos que pedir permiso al gobierno para portar un arma de fuego. ¿Qué tal esa directiva que también debemos enseñar a nuestros hijos a portar armas?

Nuestras lecciones finales hoy vienen de Patrick Henry. El Sr. Henry fue probablemente uno de los campeones más apasionados del deber del ciudadano de portar armas. Nadie puede analizarlo como Patrick Henry.

“Cuida con celosa atención la libertad pública. Sospeche a todos los que se acercan a esa joya. Lamentablemente, nada lo preservará, sino que la fuerza será absoluta. Cada vez que renuncias a esa fuerza, inevitablemente estás arruinado “. Patrick Henry Virginia Ratifying Convention 5 de junio de 1788

“¡Oh, señor! deberíamos tener buenos momentos, de hecho, si, para castigar a los tiranos, ¡solo era suficiente reunir a la gente! Tus brazos, con los que puedes defenderte, se han ido; … ¿Alguna vez leíste acerca de cualquier revolución en una nación, provocada por el castigo de aquellos en el poder, infligidos por aquellos que no tenían ningún poder? Lees sobre un acto antidisturbios en un país que se llama uno de los más libres del mundo, donde unos pocos vecinos no pueden reunirse sin el riesgo de ser fusilados por una soldadesca contratada, los motores del despotismo. Podemos ver tal acto en America. “Patrick Henry Virginia Ratifying Convention 5 de junio de 1788

Bueno, ahí lo tiene, una educación histórica y veraz sobre su derecho a tener y portar armas. La educación es fácil de encontrar y fácil de leer. ¿Por qué nuestros políticos y medios de comunicación están empeñados en diseminar la mala educación y las mentiras? Tal vez repitan las mentiras porque intentan desarmar a la gente, porque saben, como lo hicieron nuestros fundadores, que una ciudadanía armada es la última línea de defensa contra la tiranía absoluta.

Un debate apropiado sobre el derecho de uno a tener y portar armas NO es uno que esté enmarcado en términos de si puede sentirse a salvo de las personas malvadas y depravadas, llenas de odio y mallice, que quieren lastimarlo. NUNCA se sentirá seguro de esas personas y esas personas no dejarán de existir solo porque USTED no tiene permitido poseer un arma de fuego legalmente. ¿Por qué? Porque esas personas no se preocupan por las leyes y siempre encontrarán la forma de herir y destruir, con o sin leyes de armas.

Si la sociedad es honesta e históricamente precisa, la única pregunta que tiene alguna relevancia para el debate sobre el control de armas es:

“¿Confía Ud. en los que están en el gobierno, ahora y para siempre en el futuro, para no tomar su vida, libertad o propiedad a través de la fuerza del gobierno?”

Si la respuesta a esa pregunta es “no”, el debate sobre el control de armas ya ha terminado.

www.LibertyFirstUniversity.com

The General Welfare Clause: Its Not About Money

Article 1 section 8 clause 1 of the Constitution reads:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…”

From this clause, many have construed the “general Welfare” statement to grant practically unlimited power to Congress to collect and spend the tax payers’ money on whatever cause Congress may invent for the “good” of the government or the people.  Is that what the designers of our Constitution intended when they penned those words “general Welfare?”

James Madison, the Father of the Constitution and 4th President suggests that the meaning of the “general Welfare” clause is the exact opposite.

According to the father of the Constitution the powers delegated to the central government “are few and defined and those that remain in the States are numerous and indefinite.” Federalist #45.

Madison also explained that those powers are “reserved to external objects” of “war, peace, negotiation, and foreign commerce.” He also stated that the central government’s power to tax is intended to be limited to those powers. Federalist #45

Madison clarified the meaning of this often abused “clause” in 1792 during the Cod Fishery Bill debate. Specifically, that the General Welfare clause is not a delegated power of its own but a description of the purpose of the limited and enumerated powers described in Federalist 45. The General Welfare clause, he explains, was added to describe the purpose of the limited powers being delegated to the central government, for example, so the central government could use those powers for the “general Welfare” of the union, rather than for the benefit of one State over the other. This debate make it crystal clear, that this is not a blanket power to “do anything you can think of” to promote the so-called general welfare. It is in fact a limitation to direct that the power be wielded equitably.

In this debate Madison warns of the consequences of interpreting this clause as a general boilerplate power, rather than a description of the intent that the limited powers be used to the general benefit of the entire union. He says if the general welfare clause takes is erroneously given such a broad meaning then we will have a govt that is far more expansive than what the Constitution authorizes:

“…for if the clause in question really authorizes Congress to do whatever they think fit, provided it be for the general welfare, of which they are to judge, and money can be applied to it, Congress must have power to create and support a judiciary establishment, with a jurisdiction extending to all cases favorable, in their opinion, to the general welfare, in the same manner as they have power to pass laws, and apply money providing in any other way for the general welfare….

If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their Own hands; they may appoint teachers in every state, county, and parish, and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision for the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit of the application of money, and might be called, if Congress pleased, provisions for the general welfare.” James Madison, On The Cod Fishery Bill, Granting Bounties, 1792

It is relevant to note in this discussion that Madison is remarking that it would be an unconstitutional expansion of power for the central government to involve itself in areas such as education, roads, social welfare, and law enforcement. He is speaking to his colleagues in extremes to show his point that interpreting the clauses in this way would result in an unlimited central government, a notion that would have been highly offensive to the men involved in this debate. And had they not been convinced that the central govt was barred by the Constitution form intruding into these areas, they would have never ratified the Constitution.

So according to the Father of the Constitution, the General Welfare clause does not give power or permission for federal involvement in the internal affairs of the States. And to the contrary, once we see the adoption an erroneously expansive interpretation of the general Welfare clause, and see federal involvement in our schools, local governments, roads, and every minute affair of our lives, we will know we have a absurdly out of control federal government.

As Madison himself said,

“I venture to declare it as my opinion, that, were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited government established by the people of America; and what inferences might be drawn, or what consequences ensue, from such a step, it is incumbent on us all to consider.”

Because we have turned Constitutional interpretation over to the musings of those in power, we have allowed those entrusted with the preservation of the Constitution to “transmute”  into something other than a Constitutional Republic. In an arrogance magnified by ignorance, the political elite have decided that the wisdom sown into our founding documents and expressed in the profuse writings of its framers does not need to be consulted.

The fact is, this wisdom is tied to over 700 years of lessons in history and 5 foundational Liberty Charters, not to mention the political philosophers and writers that the designers of our Constitution diligently consulted. The question is, where is such negligence leading us? What kind of government are we allowing? Into what have we been transmuted? And as James Madison asked “What consequences might ensue?”