Federal Constitution Quotes

Under the United States Constitution, the federal government has no authority to hold states "accountable" for their education performance...In the free society envisioned by the founders, schools are held accountable to parents, not federal bureaucrats.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce. ... The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.

I was once asked if I had any ideas for a really scary reality TV show. I have one reality show that would really make your hair stand on end: "C-Students from Yale." George W. Bush has gathered around him upper-crust C-students who know no history or geography, plus not-so-closeted white supremacists, aka Christians, and plus, most frighteningly, psychopathic personalities, or PPs, the medical term for smart, personable people who have no consciences. To say somebody is a PP is to make a perfectly respectable diagnosis, like saying he or she has appendicitis or athlete's foot . . . PPs are presentable, they know full well the suffering their actions may cause others, but they do not care. They cannot care because they are nuts. They have a screw loose! . . . So many of these heartless PPs now hold big jobs in our federal government, as though they were leaders instead of sick. They have taken charge of communications and the schools, so we might as well be Poland under occupation. They might have felt that taking our country into an endless war was simply something decisive to do. What has allowed so many PPs to rise so high in corporations, and now in government, is that they are so decisive. They are going to do something every fuckin' day and they are not afraid. Unlike normal people, they are never filled with doubts, for the simple reasons that they don't give a fuck what happens next. Simply can't. Do this! Do that! Mobilize the reserves! Privatize the public schools! Attack Iraq! Cut health care! Tap everybody's telephone! Cut taxes on the rich! Build a trillion-dollar missile shield! Fuck habeas corpus and the Sierra Club and In These Times, and kiss my ass! There is a tragic flaw in our precious Constitution, and I don't know what can be done to fix it. This is it: Only nut cases want to be president.

The U.S. Constitution provides for 3 Federal Offenses. Today there are over 4,500 and counting with every session. A new law is nothing more than our government revealing its lack of creativity.

If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.

The consolidation of power at the federal level in the guise of public safety is a national trend and should be guarded against at all costs. This erosion of rights, however incremental, is the slow death of freedom. We have reached a point where the power of the federal government is such that they can essentially target anyone of their choosing. Recent allegations that government agencies may have targeted political opponents should alarm all Americans, regardless of party affiliation. Revisionist views of the Constitution by opportunistic politicians and unelected judges with agendas that reinterpret the Bill of Rights to take power away from the people and consolidate it at the federal level threaten the core principles of the Republic. As a free people, keeping federal power in check is something that should be of concern to us all. The fundamental value of freedom is what sets us apart from the rest of the world. We are citizens, not subjects, and we must stay ever vigilant that we remain so.

The Seventeenth Amendment serves not the public's interest but the interests of the governing masterminds and their disciples. Its early proponents advanced it not because they championed 'democracy' or the individual, but because they knew it would be one of several important mechanisms for empowering the federal government and unraveling constitutional republicanism.

Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

The War between the States... produced the foundation for the kind of government we have today: consolidated and absolute, based on the unrestrained will of the majority, with force, threats, and intimidation being the order of the day. Today's federal government is considerably at odds with that envisioned by the framers of the Constitution. ... [The War] also laid to rest the great principle enunciated in the Declaration of Independence that 'Governments are instituted among Men, deriving their just powers from the consent of the governed'.

It requires emphasis that the states established the American Republic and, through the Constitution, retained for themselves significant authority to ensure the republic's durability. This is not to say that the states are perfect governing institutions. Many are no more respectful of unalienable rights than is the federal government. But the issue is how best to preserve the civil society in a world of imperfect people and institutions. The answer, the Framers concluded, is to diversify authority with a combination of governing checks, balances, and divisions, intended to prevent the concentration of unbridled power in the hands of a relative few imperfect people.

In examining the division of powers, as established by the Federal Constitution, remarking on the one hand the portion of sovereignty which has been reserved to the several States, and on the other, the share of power which has been given to the Union, it is evident that the Federal legislators entertained very clear and accurate notions respecting the centralization of government. The United States form not only a republic, but a confederation; yet the national authority is more centralized there than it was in several of the absolute monarchies of Europe....

Strictly enforce the scale of "fixed responsibility." The first and foremost level of responsibility is with the individual himself; the second level is the family; then the church; next the community, finally the county, and, in a disaster or emergency, the state. Under no circumstances is the federal government to become involved in public welfare. The Founders felt it would corrupt the government and also the poor. No Constitutional authority exists for the federal government to participate in charity or welfare.

Looking back now, success seems foreordained. It wasn't. No colonists in the history of the world had defeated their mother country on the battlefield to win their independence. Few republics had managed--or even attempted--to govern an area bigger than a city-state. Somehow, in defiance to all precedent, Washington, Hamilton, and the other founders pulled off both. Their deliriously unlikely success--first as soldiers, then as statesmen--tends to obscure the true lessons of the American Revolution. The past places no absolute limit on the future. Even the unlikeliest changes can occur. But change requires hope--in the case of both those unlikely victories, the hope that the American people could defy all expectation to overcome their differences and set each other free. in the summer of 1788, Alexander Hamilton carried this message to Poughkeepsie, where he pleaded with New York's leaders to trust in the possibilities of the union, and vote to ratify the new federal Constitution. Yes, he conceded, the 13 newborn states included many different kinds of people. But this did not mean that the government was bound to fail. It took an immigrant to fully understand the new nation, and to declare a fundamental hope of the American experiment: Under wise government, these diverse men and women "will be constantly assimilating, till they embrace each other, and assume the same complexion.

Reparations amount to a societal obligation in a nation where our Constitution sanctioned slavery, Congress passed laws protecting it, and our federal government initiated, condoned, and practiced legal racial segregation and discrimination against Black Americans until half a century ago. And so it is the federal government that would pay [reparations].

Revisionist views of the Constitution by opportunistic politicians and unelected judges with agendas that reinterpret the Bill of Rights to take power away from the people and consolidate it at the federal level threaten the core principles of the Republic. As a free people, keeping federal power in check is something that should be of concern to us all. The fundamental value of freedom is what sets us apart from the rest of the world. We are citizens, not subjects, and we must stay ever vigilant that we remain so.

I only wish the NRA and its jellyfish, well-paid supporters in legislatures both State and Federal would be careful to recite the whole of it, and then tell us how a heavily armed man, woman, or child, recruited by no official, led by no official, given no goals by any official, motivated or restrained only by his or her personality and perceptions of what is going on, can be considered a member of a well-regulated militia.

A world where the federal government couldn’t restrict the freedom of the press, but Georgia could, was something that people actually believed for a long time, and is a world that still exists on the margins today.

Jefferson feared that Hamilton had plans radically at odds with the Constitution. As he saw it, Hamilton wanted to warp the federal government out of constitutional shape, converting it into a copy of the British government, built on debt, corruption, and influence. Hamilton's goal, Jefferson charged, was to ally the rich and well born with the government at the people's expense, creating a corrupt aristocracy leagued with the government against the people and destroying the virtue that was the basis of republican government. Only a republic could preserve liberty, Jefferson insisted, and only virtue among the people could preserve a republic.

Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations.

Many, if not most, of the difficulties we experience in dealing with government agencies arise from the agencies being part of a fragmented and open political system…The central feature of the American constitutional system—the separation of powers—exacerbates many of these problems. The governments of the US were not designed to be efficient or powerful, but to be tolerable and malleable. Those who designed these arrangements always assumed that the federal government would exercise few and limited powers.

Our world isn’t about ideology anymore. It’s about complexity. We live in a complex bureaucratic state with complex laws and complex business practices, and the few organizations with the corporate willpower to master these complexities will inevitably own the political power. On the other hand, movements like the Tea Party more than anything else reflect a widespread longing for simpler times and simple solutions—just throw the U.S. Constitution at the whole mess and everything will be jake. For immigration, build a big fence. Abolish the Federal Reserve, the Department of Commerce, the Department of Education. At times the overt longing for simple answers that you get from Tea Party leaders is so earnest and touching, it almost makes you forget how insane most of them are.

Either ‘the group’ is superior or the individual is superior. Marxism, socialism, fascism, and pure democracy are all forms that give power to ‘the group’ and then use violence to force individuals to obey the dictates of ‘the group’. The concept of liberty is one in which the individual - in the exercise of his unalienable rights - is superior to every and all powers. That is what the Founders intended. That is what we are supposed to have under the ‘contracts’ of the Declaration of Independence and the state and federal constitutions. That is what I am entitled to as an American. That is what I insist upon. And that is what I will kill for.

On Rachel's show for November 7, 2012: We're not going to have a supreme court that will overturn Roe versus Wade. There will be no more Antonio Scalias and Samuel Aleatos added to this court. We're not going to repeal health reform. Nobody is going to kill medicare and make old people in this generation or any other generation fight it out on the open market to try to get health insurance. We are not going to do that. We are not going to give a 20% tax cut to millionaires and billionaires and expect programs like food stamps and kid's insurance to cover the cost of that tax cut. We'll not make you clear it with your boss if you want to get birth control under the insurance plan that you're on. We are not going to redefine rape. We are not going to amend the United States constitution to stop gay people from getting married. We are not going to double Guantanamo. We are not eliminating the Department of Energy or the Department of Education or Housing at the federal level. We are not going to spend $2 trillion on the military that the military does not want. We are not scaling back on student loans because the country's new plan is that you should borrow money from your parents. We are not vetoing the Dream Act. We are not self-deporting. We are not letting Detroit go bankrupt. We are not starting a trade war with China on Inauguration Day in January. We are not going to have, as a president, a man who once led a mob of friends to run down a scared, gay kid, to hold him down and forcibly cut his hair off with a pair of scissors while that kid cried and screamed for help and there was no apology, not ever. We are not going to have a Secretary of State John Bolton. We are not bringing Dick Cheney back. We are not going to have a foreign policy shop stocked with architects of the Iraq War. We are not going to do it. We had the chance to do that if we wanted to do that, as a country. and we said no, last night, loudly.

2. As with most of the Bill of Rights, the free speech/press guarantee applies equally to federal and state governments, which includes local governments as well as all branches of each government.

The character of such a government ought to secure, first, against foreign invasion; secondly, against dissensions between members of the Union, or seditions in particular States; thirdly, to procure to the several States various blessings of which an isolated situation was incapable; fourthly, it should be able to defend itself against encroachment; and fifthly, to be paramount to the State Constitutions.

The federal government makes, executes, and adjudicates the laws. It even determines the extent to which it will comply with the Constitution, which was established in the first place to prevent governmental arrogation.

In The Federalist No. 23, Hamilton argued, “These powers [of the federal government to provide for the common defense] ought to exist without limitation: because it is impossible to foresee or define the extent or variety of national exigencies, or the correspondent extent & variety of the means which may be necessary to satisfy them.

I believe the only thing that will correct our downward trajectory is the rekindling of the enthusiasm for individual freedom and the reestablishment of the U.S. Constitution as the dominant document of governance. Unless the majority of Americans awaken from their complacency and recognize the threat to their fundamental individual liberties imposed by continued expansion of the federal government, nothing will save us from the fate of all pinnacle nations that have preceded us, those that tolerated political and moral corruption while ignoring fiscal irresponsibility.

Woodrow Wilson would write approvingly in his 1908 book, Constitutional Government in the United States, that “the War between the States established… this principle, that the federal government is, through its courts, the final judge of its own powers.” 26 This was the Jeffersonians’ greatest fear. Thanks to Lincoln's war, states’ rights would no longer perform its most important function: protecting the citizens of the states from federal judicial tyranny.

Wilson had to explain why the Constitution did not, like several state constitutions, include a bill of rights. The reason, he said in one of his most influential arguments, lay in a critical difference between the constitutions of the states and the proposed federal Constitution. Through the state constitutions, the people gave their state governments “every right and authority which they did not in explicit terms reserve.” The federal Constitution, however, carefully defined and limited the powers of Congress, so that body’s authority came “not from tacit implication, but from the positive grant” of specific powers in the Constitution.

Second, we need to protect our constitutional rights. Our founding charter has served us well for more than two centuries. It protects liberty by separating powers, limiting the authority of the federal government, and guaranteeing every American the freedom to speak your mind, pray to God, and protect yourself and your family by bearing arms in their defense. Every single one of those constitutional protections has come under assault from the Obama administration, which has usurped the power of Congress through executive amnesty, redefined the relationship between the federal government and the governed through Obamacare, and attempted to repeal and undermine the First and Second Amendments through abusive campaign finance regulations, coercions of religious consciences, and repeated attacks on the right to bear arms.

The first grand federalist design...was that of the Bible, most particularly the Hebrew Scriptures or Old Testament... Biblical thought is federal (from the Latin foedus, covenant) from first to last--from God's covenant with Noah establishing the biblical equivalent of what philosophers were later to term Natural Law to the Jews' reaffirmation of the Sinai covenant under the leadership of Ezra and Nehemiah, thereby adopting the Torah as the constitution of their second commonwealth. The covenant motif is central to the biblical world view, the basis of all relationships, the mechanism for defining and allocating authority, and the foundation of the biblical political teaching.

An Odonian undertook monogamy just as he might undertake a joint enterprise in production, a ballet or a soap-works. Partnership was a voluntarily constituted federation like any other. So long as it worked, it worked, and if it didn't work it stopped being. It was not an institution but a function. It had no sanction but that of private conscience.

While there is still time, we must exercise what freedom we still have to vote every Democrat and every Republican out of our federal, state, and local governments.

Whenever federal power is exercised, contrary to the spirit breathed by this introduction, it will be unconstitutionally exercised, and ought to be resisted by the

Wilson argued further, as he had to, that the federal courts are not bound to the Constitution. “The weightiest import of the matter is seen only when it is remembered that the courts are the instruments of the nation’s growth, and that the way in which they serve that use will have much to do with the integrity of every national process. If they determine what powers are to be exercised under the Constitution, they by the same token determine also the adequacy of the Constitution in respect of the needs and interests of the nation; our conscience in matters of law and our opportunity in matters of politics are in their hands.”10 Moreover, the only legitimate opinions the federal courts can render are those that endorse and promote the expansion of federal power. “[T]hat if they had interpreted the Constitution in its strict letter, as some proposed, and not in its spirit, like the charter of a business corporation and not like the charter of a living government, the vehicle of a nation

Let's just make this easy. I'm in favor of a Constitutional amendment that would read something like this: 'Neither the federal government, nor any state or local government shall make any activity a crime unless said activity violates another person's right to life, liberty, or property, either through force or fraud.' Could you live with that? Could you live with the thought that anyone in your community could do pretty much what they wish, so long as it doesn't interfere with anyone else? Now there's a definition of freedom--and it's something I suspect most of you just couldn't go along with.

Alan Greenspan, who would later become the Federal Reserve chairman, wrote in 1966: [T]he earnings saved by the productive members of the society lose value in terms of goods. When the economy’s books are finally balanced, one finds that this loss in value represents the goods purchased by the government for welfare and other purposes. . . . In the absence of the gold standard, there is no way to protect savings from confiscation through inflation. . . . This is the shabby secret of the welfare statists’ tirades against gold. Deficit spending is simply a scheme for the “hidden” confiscation of wealth.24

If any man at this day sincerely believes that a proper division of local from federal authority, or any part of the Constitution, forbids the Federal Government to control as to slavery in the federal territories, he is right to say so, and to enforce his position by all truthful evidence and fair argument which he can. But he has no right to mislead others, who have less access to history, and less leisure to study it, into the false belief that "our fathers who framed the Government under which we live" were of the same opinion - thus substituting falsehood and deception for truthful evidence and fair argument.

The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, – it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and the Congress has not.” “The chief instrumentality by which the law of the Constitution has been extended to cover the facts of national development has of course been judicial interpretation, – the decisions of the courts. The process of formal amendment of the Constitution was made so difficult by provisions of the Constitution itself that it has seldom been feasible to use it; and the difficulty of formal amendment has undoubtedly made the courts more liberal, not to say lax, in their interpretation than they would otherwise have been. The whole business of adaptation has been theirs, and they have undertaken it with open minds, sometimes even with boldness and a touch of audacity...” “The old theory of the sovereignty of the States, which used so to engage our passions, has lost its vitality. The war between the States established at least this principle, that the federal government is, through its courts, the final judge of its own powers... We are impatient of state legislatures because they seem to us less representative of the thoughtful opinion of the country than Congress is. We know that our legislatures do not think alike, but we are not sure that our people do not think alike...

This early rejection of an advisory role established a lasting principle: that the federal courts have the constitutional power to decide only those questions that arise in the context of disputes between opposing parties.

US Constitution is unconstitutional.” – Circuit Judges Alfred T. Goodwin and Stephen Reinhardt, Federal Appeals Court, San Francisco, 2002 (overturned) “US Constitution is unconstitutional.” – The United States Supreme Court, 2079

One measure decreed that when ships docked at Charleston, any free black sailors on board must be jailed so they could not carry messages to black people onshore. When a Supreme Court justice found the imprisonments unconstitutional, South Carolina openly defied the ruling, saying that stopping “insubordination” was “paramount” to “all laws” and “all constitutions.” Baffled by this early example of a state nullifying federal law, national officials did nothing.

When we pay attention to this history,  a pattern emerges: first,  the Redeemers attacked voting rights. Then they attacked public education, labor, fair tax policies, and progressive leaders. Then they took over the state and federal courts, so they could be used to render rulings that would undermine the hope of a new America. This effort culminated in the landmark case Plessy v. Ferguson in 1896, which upheld the constitutionality of state laws requiring segregation of public facilities under the doctrine "separate but equal." And then they made sure that certain elements had guns so that they could return the South back to the status quo ante, according to their deconstructive immoral philosophy.

James Madison wrote, “each state … is considered as a sovereign body independent of all others, and only to be bound by its own voluntary act. In this relation then the new Constitution will … be a. federal and not a national constitution.

Adams began his reply with a devastating comment on the preamble to the Constitution: “I confess,” he said, “as I enter the Building I stumble at the Threshold. I meet with a National Government, instead of a federal Union of Sovereign States.

generally the Constitution is a charter of negative liberties. [It] says what the states can’t do to you. [It] says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.

Madison had been elected to the First Congress by only 336 votes. It was in that Congress that the Bill of Rights was passed, cementing the people’s confidence in the new federal government. And the Constitution was saved. All because of one election.

There is a twofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other creatures. By this, man, as he stands in relation to man simply, hath liberty to do what he lists; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restrain of the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be worse than brute beasts: omnes sumus licentia deteriores. This is that great enemy of truth and peace, that wild beast, which all the ordinances of God are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal; it may also be termed moral, in reference to the covenant between God and man, in the moral law, and the politic covenants and constitutions, among men themselves. This liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard not only of your goods, but of your lives, if need be. Whatsoever crosseth this, is not authority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to authority; IT IS OF THE SAME KIND OF LIBERTY WHEREWITH CHRIST HATH MADE US FREE

On April 30. 1789, George Washington stood on the balcony of Federal Hall in New York City, the temporary national capital. He took the oath of office on a Masonic Bible, ad-libbing the words “So help me God,” which the oath of office as specified in the Constitution does not require.

the U.S. Supreme Court decides an issue—for example, interpreting the Constitution to determine a woman had the right in consultation with her doctor to terminate a pregnancy—that decision cannot be overturned or modified by any state or federal law, only by the U.S. Supreme Court itself.8

In framing a system which we wish to last for ages, we shd. not lose sight of the changes which ages will produce. [James Madison in the U.S. Constitutional Convention, June 26, 1787. The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1966), 1:422.]

The Constitution names only three federal offenses: treason, piracy, and counterfeiting. Today there are over forty-five hundred federal crimes, and the number continues to grow as Congress gets tougher on crime and federal prosecutors become more creative in finding ways to apply all their new laws.

Progressives did not like the antiquated thinking that saw the Constitution as a barrier to government expansion. The "living Constitution" was born. That benign-sounding phrase (coined later) was conjured up to justify changing the Constitution, without formal amendment, from a limit on power to a blank check. What was impermissible to the federal government by an earlier interpretation became permissible once the Constitution was construed as a evolving document. But by that philosophy, the Constitution is no limit on government power at all. A constitutional government that defines its own powers is a contradiction in terms.

Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes.

Especially the call for a 28th Amendment. Alex had long been a proponent of changing the Constitution to ensure that every federal statute also applied equally to members of Congress. He’d hated how the legislative branch liked to exempt itself from laws imposed on everyone else, elevating Congress into some sort of ruling class.

Even today, the contours of what is often referred to as the “Article III jurisdiction” of the federal courts remain contested. The important points here are simply these: that questions concerning the federal courts’ jurisdiction are anchored deeply in the nation’s constitutional origins, and that the Supreme Court itself has provided the answers.

I KEEP TWO TOWERS OF DOCUMENTS IN MY SENATE OFFICE. THE first is only a few inches tall. A collection of all the legislation passed by Congress in 2013, it contains about eight hundred pages. The second tower, which is eleven feet tall, is a collection of regulations proposed and adopted by federal agencies in 2013. It contains about eighty thousand pages.

Absolutely nothing in the Constitution nor in the Bill of Rights states or even implies any such power leading to this interpretation. “Sovereign government” is nowhere to be found in either document. Only a limited and critically defined sovereignty was allowed the federal government; all other issues of sovereignty were reserved for the states or the people.

Three circumstances seem to me to contribute more than all others to the maintenance of the democratic republic in the United States. The first is that federal form of government which the Americans have adopted, and which enables the Union to combine the power of a great republic with the security of a small one. The second consists in those township institutions which limit the despotism of the majority and at the same time impart to the people a taste for freedom and the art of being free. The third is to be found in the constitution of the judicial power. I have shown how the courts of justice serve to repress the excesses of democracy, and how they check and direct the impulses of the majority without stopping its activity.

As Burbank points out, relations between the branches are governed as much by norms and customs as by formal structures. The Constitution permits Congress to impeach and remove federal judges, for example, but the norm is that impeachment is reserved for criminal behavior or serious ethical lapses, and not for judicial rulings with which members of Congress disagree.

our federal government has repeatedly demonstrated that it will not hesitate to use its tactical ‘police’ forces to murder its opponents. Although the government euphemistically refers to these forces as ‘law enforcement’ personnel, by any honest, impartial appraisal, they are in fact a well-equipped standing army used to exterminate U.S. citizens who threaten federal hegemony.

Another view of the Constitution was put forward early in the twentieth century by the historian Charles Beard (arousing anger and indignation, including a denunciatory editorial in the New York Times). He wrote in his book An Economic Interpretation of the Constitution: Inasmuch as the primary object of a government, beyond the mere repression of physical violence, is the making of the rules which determine the property relations of members of society, the dominant classes whose rights are thus to be determined must perforce obtain from the government such rules as are consonant with the larger interests necessary to the continuance of their economic processes, or they must themselves control the organs of government. In short, Beard said, the rich must, in their own interest, either control the government directly or control the laws by which government operates. Beard applied this general idea to the Constitution, by studying the economic backgrounds and political ideas of the fifty-five men who gathered in Philadelphia in 1787 to draw up the Constitution. He found that a majority of them were lawyers by profession, that most of them were men of wealth, in land, slaves, manufacturing, or shipping, that half of them had money loaned out at interest, and that forty of the fifty-five held government bonds, according to the records of the Treasury Department. Thus, Beard found that most of the makers of the Constitution had some direct economic interest in establishing a strong federal government: the manufacturers needed protective tariffs; the moneylenders wanted to stop the use of paper money to pay off debts; the land speculators wanted protection as they invaded Indian lands; slaveowners needed federal security against slave revolts and runaways; bondholders wanted a government able to raise money by nationwide taxation, to pay off those bonds. Four groups, Beard noted, were not represented in the Constitutional Convention: slaves, indentured servants, women, men without property. And so the Constitution did not reflect the interests of those groups. He wanted to make it clear that he did not think the Constitution was written merely to benefit the Founding Fathers personally, although one could not ignore the $150,000 fortune of Benjamin Franklin, the connections of Alexander Hamilton to wealthy interests through his father-in-law and brother-in-law, the great slave plantations of James Madison, the enormous landholdings of George Washington. Rather, it was to benefit the groups the Founders represented, the “economic interests they understood and felt in concrete, definite form through their own personal experience.

Although the delegates appear to have assumed that the federal courts would exercise some form of judicial review over federal and state laws, Article III says nothing explicit on the subject. It states in broad terms that the federal courts’ judicial power “shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties.

wrote Justice Wilson. Not surprisingly, the states were alarmed by this development, and a constitutional amendment to overrule the decision was introduced two days later. In 1798, the Eleventh Amendment received final ratification, providing that the jurisdiction of the federal courts “shall not be construed to extend” to cases brought by citizens of one state against another state.

As of this writing, the state of California is locked in a legal fight with the United States of America, trying to defend its right to ignore federal law. Only they’re arguing from the opposite direction. Sure, they say, the federal government has jurisdiction over immigration, but in this case, we’re going to do everything we can to make it impossible for them to enforce it! News flash: The United States Constitution’s Supremacy Clause can’t be set aside because California—or Colorado, New Mexico, Oregon, Illinois, Vermont, or the Queen of England—says it should be. That’s why it works. States do not get to make their own rules that fly in the face of our founding documents, so they can appease LIBERAL voters and ensure LIBERAL politicians stay in office for a few more terms.

The Ledbetter episode came and went quickly. It is entirely predictable that other discrete disputes over the intent of Congress and the meaning of federal statutes will similarly come and go in the future. But there exists a more profound constitutionally-based struggle between the Court and Congress over the boundaries of congressional lawmaking authority, with origins deep in the country’s history.

WE THE PEOPLE PULL THE CORD . . . there is no one who understands; there is no one who seeks God. Romans 3:11 The Founding Fathers didn’t think too highly of human nature, so they created three branches of government to keep power-hungry officials in check. They also slipped another “check” on these politicians into the Constitution. Remember learning how the Constitution can be amended through Congress? Well, even better, there’s a lesser-known way to change it when necessary, without Congress or the president stopping “We the People.” Our Founders knew government could grow so drunk on its own power that it wouldn’t ever voluntarily restrict itself, so constitutionalist George Mason allowed for a “Convention of States” in Article V to give the power back to the people. My friend Mark Levin describes this: “By giving the state legislatures the ultimate say on major federal laws, on major federal regulations, on major Supreme Court decisions, should 3/5 of state legislatures act to override them within a two year period, it doesn’t much matter what Washington does or doesn’t do. It matters what you do . . . the goal is to limit the entrenchment of Washington’s ruling class.” Keep educating the people, Mark!

The trial, despite the subserviency of the court to the Nazi authorities, cast a great deal of suspicion on Goering and the Nazis, but it came too late to have any practical effect. For Hitler had lost no time in exploiting the Reichstag fire to the limit.   On the day following the fire, February 28, he prevailed on President Hindenburg to sign a decree “for the Protection of the People and the State” suspending the seven sections of the constitution which guaranteed individual and civil liberties. Described as a “defensive measure against Communist acts of violence endangering the state,” the decree laid down that:      Restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press; on the rights of assembly and association; and violations of the privacy of postal, telegraphic and telephonic communications; and warrants for house searchers, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.   In addition, the decree authorized the Reich government to take over complete power in the federal states when necessary and imposed the death sentence for a number of crimes, including “serious disturbances of the peace” by armed persons.8   Thus with one stroke Hitler was able not only to legally gag his opponents and arrest them at his will but, by making the trumped-up Communist threat “official,” as it were, to throw millions of the middle class and the peasantry into a frenzy of fear that unless they voted for National Socialism at the elections a week hence, the Bolsheviks might take over.

The Tenth Amendment recognizes the States' jurisdiction in certain areas. States' Rights means that the States have a right to act or not to act, as they see fit, in the areas reserved to them. The States may have duties corresponding to these rights, but the duties are owed to the people of the States, not to the federal government. Therefore, the recourse lies not with the federal government, which is not sovereign, but with the people who are, and who have full power to take disciplinary action. If the people are unhappy with say, their State's disability insurance program, they can bring pressure to bear on their state officials and, if that fails, they can elect a new set of officials. And if, in the unhappy event they should wish to divest themselves of this responsibility, they can amend the Constitution.

The three terms of Federalist rule had been full of dazzling accomplishments that Republicans, with their extreme apprehension of federal power, could never have achieved. Under the tutelage of Washington, Adams, and Hamilton, the Federalists had bequeathed to American history a sound federal government with a central bank, a funded debt, a high credit rating, a tax system, a customs service, a coast guard, a navy, and many other institutions that would guarantee the strength to preserve liberty. They activated critical constitutional doctrines that gave the American charter flexibility, forged the bonds of nationhood, and lent an energetic tone to the executive branch in foreign and domestic policy. Hamilton, in particular, bound the nation through his fiscal programs in a way that no Republican could have matched. He helped to establish the rule of law and the culture of capitalism at a time when a revolutionary utopianism and a flirtation with the French Revolution still prevailed among too many Jeffersonians. With their reverence for states’ rights, abhorrence of central authority, and cramped interpretation of the Constitution, Republicans would have found it difficult, if not impossible, to achieve these historic feats. Hamilton

Sometimes the transcript is not so hidden. Point Four of the 1948 platform of Strom Thurmond’s States’ Rights Democratic Party—the Dixiecrats—weaves together the public and private in a seamless and visible whole: “We stand for the segregation of the races and the racial integrity of each race; the constitutional right to choose one’s associates; to accept private employment without governmental interference, and to earn one’s living in any lawful way. We oppose the elimination of segregation, the repeal of miscegenation statutes, the control of private employment by Federal bureaucrats called for by the misnamed civil rights program. We favor home-rule, local self-government and a minimum interference with individual rights.” The Rise of Conservatism in America, 1945–2000: A Brief History with Documents, ed. Ronald Story and Bruce Laurie (Boston:

IT BEGAN WITH A GUN. On September 1, 1939, the German army invaded Poland. Two days later, Britain and France declared war on Germany. In the October 1939 issue of Detective Comics, Batman killed a vampire by shooting silver bullets into his heart. In the next issue, Batman fired a gun at two evil henchmen. When Whitney Ellsworth, DC’s editorial director, got a first look at a draft of the next installment, Batman was shooting again. Ellsworth shook his head and said, Take the gun out.1 Batman had debuted in Detective Com-ics in May 1939, the same month that the U.S. Supreme Court issued a ruling in United States v. Miller, a landmark gun-control case. It concerned the constitutionality of the 1934 National Firearms Act and the 1938 Federal Firearms Act, which effectively banned machine guns through prohibitive taxation, and regulated handgun ownership by introducing licensing, waiting period, and permit requirements. The National Rifle Association supported the legislation (at the time, the NRA was a sportsman’s organization). But gun manufacturers challenged it on the grounds that federal control of gun ownership violated the Second Amendment. FDR’s solicitor general said the Second Amendment had nothing to do with an individual right to own a gun; it had to do with the common defense. The court agreed, unanimously.2

Federal gun control of the twentieth century has made machine guns unusual and uncommon, while the absence of serious restrictions on the availability of handguns has given people the opportunity to choose them for self-defense. The scope of the Second Amendment’s protections was not, in other words, defined by the original meaning of the Constitution. The protections were shaped instead by the marketplace choices of twentieth-century consumers, made within the confines of contemporary government regulation.

HAMILTON To the People of the State of New York: AFTER an unequivocal experience of the inefficacy of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the UNION, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world. It has been frequently remarked that

India’s primordial nationalisms—whether expressed in language, religion, caste, or even commensality—would have pulled the country apart, as happened in several other postcolonial states, had it not been for the fact that India consciously gave itself a constitutional order that incorporated universal franchise and the rule of law; guaranteed individual rights and a federal system that promulgated separation of powers at the center and limits on the central government’s authority over the states; and established recurring elections that tested the strength of contending political parties and endowed them with the privilege of rule for limited periods of time. By adopting such a framework, India enshrined the twin components that mark all real democracies: contestation, or the peaceful struggle for power through an orderly process that confirms the preferences of the polity, and participation, or the right of all adult citizens, irrespective of wealth, gender, religion, or ethnicity, to vote for a government of their choice.

A second example of this abandonment of fundamental principles can be found in recent trends in the U.S. Supreme Court. Note what Lino A. Graglia, a professor of law at the University of Texas, has to say about this: 'Purporting merely to enforce the Constitution, the Supreme Court has for some thirty years usurped and exercised legislative powers that its predecessors could not have dreamed of, making itself the most powerful and important institution of government in regard to the nature and quality of life in our society.... 'It has literally decided issues of life and death, removing from the states the power to prevent or significantly restrain the practice of abortion, and, after effectively prohibiting capital punishment for two decades, now imposing such costly and time-consuming restrictions on its use as almost to amount to prohibition. 'In the area of morality and religion, the Court has removed from both the federal and state government nearly all power to prohibit the distribution and sale or exhibition of pornographic materials.... It has prohibited the states from providing for prayer or Bible-reading in the public schools. 'The Court has created for criminal defendants rights that do not exist under any other system of law-for example, the possibility of almost endless appeals with all costs paid by the state-and which have made the prosecution so complex and difficult as to make the attempt frequently seem not worthwhile. It has severely restricted the power of the states and cities to limit marches and other public demonstrations and otherwise maintain order in the streets and other public places.

For a recent citation of John Marshall’s famous line about the Court’s “province and duty” to “say what the law is,” see the Supreme Court’s 2008 decision in Boumediene v. Bush, invalidating an act of Congress that stripped the federal courts of jurisdiction to hear cases brought by detainees at Guantanamo Bay. Writing for the majority, Justice Kennedy said that “[t]o hold the political branches have the power to switch the Constitution on or off at will… would permit a striking anomaly in our tripartite system of government, leading to a regime in which Congress and the President, not this Court, say ‘what the law is’” [citing Marbury].

In theory, at least, the Union’s victory in the Civil War had reaffirmed the supremacy of the national government over the states. But of course the states of the former Confederacy had not come back willingly. They rejoined the union at gunpoint, and only after being forced to ratify the Fourteenth Amendment and rewrite their state constitutions to ensure equal rights for newly freed blacks. Even then, it took the constant presence of federal troops, who fanned out across the South, to fight off attempts by the newly formed Ku Klux Klan and other white supremacists to intimidate, terrorize, or murder black citizens who dared try to cast a ballot.

The Republicans have successfully persuaded much of the public that they are the party of Joe Sixpack and Democrats are the party of Jessica Yogamat. The result is that today certain swaths of the country are so thoroughly dominated by the radical Republican right that certain federal laws and even constitutional protections are, practically speaking, a dead letter there. If identity liberals were thinking politically, not pseudo-politically, they would concentrate on turning that around at the local level, not on organizing yet another march in Washington or preparing yet another federal court brief. The paradox of identity liberalism is that it paralyzes the capacity to think and act in a way that would actually accomplish the things it professes to want. It is mesmerized by symbols: achieving superficial diversity in organizations, retelling history to focus on marginal and often minuscule groups, concocting inoffensive euphemisms to describe social reality, protecting young ears and eyes already accustomed to slasher films from any disturbing encounter with alternative viewpoints. Identity liberalism has ceased being a political project and has morphed into an evangelical one. The difference is this: evangelism is about speaking truth to power. Politics is about seizing power to defend the truth.

In the United States, the Supreme Court blocked several attempts to levy a federal income tax in the late nineteenth and early twentieth centuries and then blocked minimum wage legislation in the 1930s, while finding that slavery and, later, racial discrimination were perfectly compatible with basic constitutional rights for nearly two centuries. More recently, the French Constitutional Court has apparently come up with a theory of what maximum income tax rate is compatible with the Constitution: after a period of high-level legal deliberation known only to itself, the Court hesitated between 65 and 67 percent and wondered whether or not it should include the carbon tax.

He’d ventured from the White House only to say goodbye to a former friend—Warren Davis of South Carolina, elected twice to Congress, once as an ally, a Jacksonian Democrat, the other as a Nullifier. His enemy, the former vice president John C. Calhoun, had concocted the Nullifier Party, its members actually believing that states could choose what federal laws they wanted to obey. The devil’s work was how he’d described such foolishness. There’d be no country if the Nullifiers had their way—which, he supposed, was their entire intent. Thankfully, the Constitution spoke of a unified government, not a loose league where everyone could do as they pleased. People, not states, were paramount.

With its federal government that can supersede state and local law, its dependence on rule by the majority rather than consensus, its bicameral legislature (members of one branch being elected at fixed intervals), and its denial of suffrage to women, slaves, and the unpropertied, the Constitution as originally enacted was sharply different from the Great Law. In addition, the Constitution’s emphasis on protecting private property runs contrary to Haudenosaunee traditions of communal ownership. But in a larger sense, it seems to me, the claim is correct. The Framers of the Constitution, like most North American colonists, lived at a time when Indians were large presences in their lives—ones that naturally influenced their ideas and actions.

See, for example, Humphreys to Washington, November 16, 1786, PGWCS IV: 373; Linda Grant De Pauw, The Eleventh Pillar: New York State and the Federal Convention (Ithaca, NY, 1966), 43, where she says the terms were used as “epithets as men discussed the [proposed federal] impost” but were not used to designate parties until September 1787, when “the Constitution became a subject of political controversy”; and also 170, where De Pauw suggests that the terms went back at least to 1785. Madison to Washington, New York, March 3, 1787, PGWCS V: 93, which refers to an “antifederal party” in New York; and also 103, where Humphreys, in a letter to Washington dated March 24, 1787, refers to “foederal” and “antifoederal” parties in Connecticut politics.

What religious Americans might have been slow to realize is that the ACLU’s long march through the institutions of America has culminated at the door of Obama’s White House. Behind that door stands the one we have “been waiting for,” as liberals chanted about Obama in 2008. Obama is the fulfillment of the ACLU’s messianic secularist hopes. No president has done more to empty the public square of Christians than Barack Obama. To the delight of secularists, Obama has been stacking the federal courts with ACLU-style judges who read the First Amendment through an ahistorical and atheistic prism, or as they like to call it, the “living Constitution,” which is nothing more than a euphemism for whatever they think the Constitution should mean in our supposedly enlightened times.

To narrow natural rights to such neat slogans as "liberty, equality, fraternity" or "life, liberty, property," . . . was to ignore the complexity of public affairs and to leave out of consideration most moral relationships. . . . Burke appealed back beyond Locke to an idea of community far warmer and richer than Locke's or Hobbes's aggregation of individuals. The true compact of society, Burke told his countrymen, is eternal: it joins the dead, the living, and the unborn. We all participate in this spiritual and social partnership, because it is ordained of God. In defense of social harmony, Burke appealed to what Locke had ignored: the love of neighbor and the sense of duty. By the time of the French Revolution, Locke's argument in the Second Treatise already had become insufficient to sustain a social order. . . . The Constitution is not a theoretical document at all, and the influence of Locke upon it is negligible, although Locke's phrases, at least, crept into the Declaration of Independence, despite Jefferson's awkwardness about confessing the source of "life, liberty, and the pursuit of happiness." If we turn to the books read and quoted by American leaders near the end of the eighteenth century, we discover that Locke was but one philosopher and political advocate among the many writers whose influence they acknowledged. . . . Even Jefferson, though he had read Locke, cites in his Commonplace Book such juridical authorities as Coke and Kames much more frequently. As Gilbert Chinard puts it, "The Jeffersonian philosophy was born under the sign of Hengist and Horsa, not of the Goddess Reason"--that is, Jefferson was more strongly influenced by his understanding of British history, the Anglo-Saxon age particularly, than by the eighteenth-century rationalism of which Locke was a principal forerunner. . . . Adams treats Locke merely as one of several commendable English friends to liberty. . . . At bottom, the thinking Americans of the last quarter of the eighteenth century found their principles of order in no single political philosopher, but rather in their religion. When schooled Americans of that era approved a writer, commonly it was because his books confirmed their American experience and justified convictions they held already. So far as Locke served their needs, they employed Locke. But other men of ideas served them more immediately. At the Constitutional Convention, no man was quoted more frequently than Montesquieu. Montesquieu rejects Hobbes's compact formed out of fear; but also, if less explicitly, he rejects Locke's version of the social contract. . . . It is Montesquieu's conviction that . . . laws grow slowly out of people's experiences with one another, out of social customs and habits. "When a people have pure and regular manners, their laws become simple and natural," Montesquieu says. It was from Montesquieu, rather than from Locke, that the Framers obtained a theory of checks and balances and of the division of powers. . . . What Madison and other Americans found convincing in Hume was his freedom from mystification, vulgar error, and fanatic conviction: Hume's powerful practical intellect, which settled for politics as the art of the possible. . . . [I]n the Federalist, there occurs no mention of the name of John Locke. In Madison's Notes of Debates in the Federal Convention there is to be found but one reference to Locke, and that incidental. Do not these omissions seem significant to zealots for a "Lockean interpretation" of the Constitution? . . . John Locke did not make the Glorious Revolution of 1688 or foreordain the Constitution of the United States. . . . And the Constitution of the United States would have been framed by the same sort of men with the same sort of result, and defended by Hamilton, Madison, and Jay, had Locke in 1689 lost the manuscripts of his Two Treatises of Civil Government while crossing the narrow seas with the Princess Mary.

What may surprise many is that one of Lincoln’s greatest obstacles in preserving the Union was anti-war sentiment from folks not in the South, but in the North. Many Americans in the North saw no reason why States could not withdraw peacefully, if they wanted, from a political union freely entered into. These persons were called “Copperheads” by abolitionists and all others who supported Lincoln’s war policy. What is not well known is the fact that the four living former presidents of the time (Zachary Taylor, Millard Fillmore, Franklin Pierce, and James Buchanan) all supported the Southern cause and disagreed with Lincoln’s aggressive policies. (John Brechinridge, Vice-President under Buchanan, 1856–1860, became a Confederate General in November of 1861.) They all recognized the Constitutional principle that the federal government does not have the authority to force a State to stay in the Union. Was

Hamilton and Madison came to symbolize opposite ends of the political spectrum. At the time of the Federalist essays, however, they were so close in style and outlook that scholars find it hard to sort out their separate contributions. In general, Madison’s style was dense and professorial, Hamilton’s more graceful and flowing, yet they had a similar flair for startling epigrams and piercing insights. At this stage, Madison often sounded “Hamiltonian” and vice versa. Later identified as a “strict constructionist” of the Constitution, Madison set forth the doctrine of implied powers that Hamilton later used to expand the powers of the federal government. It was Madison who wrote in Federalist number 44, “No axiom is more clearly established in law or in reason than that wherever the end is required, the means are authorized.” At this juncture, they could make common cause on the need to fortify the federal government and curb rampant state abuses.

America was not a nation at all, but a league of thirteen separate nations—all of which had already standing Christian governments. For example the Constitution of Massachusetts required the Governor to “declare himself to be of the Christian religion” and gave the government the power to levy money “for the institution of the public worship of God and for the support and maintenance of public Protestant teachers of piety, religion, and morality”—and the Federal Government would not impede upon the existing State-level Religious Laws and Institutions. Schools used to be both public and Protestant and filled with peace, but without Protestantism, schools have become public and filled with violent protesters. It is true that public Protestant schools were a little harsh and a lot successful, but the public secular schools today are extremely soft and not successful at all. These harsh and hard religious schools produced very tender men, whereas the soft public schools seem to produce more hardened criminals.

You find nothing like that among humans. Yes, human groups may have distinct social systems, but these are not genetically determined, and they seldom endure for more than a few centuries. Think of twentieth-century Germans, for example. In less than a hundred years the Germans organised themselves into six very different systems: the Hohenzollern Empire, the Weimar Republic, the Third Reich, the German Democratic Republic (aka communist East Germany), the Federal Republic of Germany (aka West Germany), and finally democratic reunited Germany. Of course the Germans kept their language and their love of beer and bratwurst. But is there some unique German essence that distinguishes them from all other nations, and that has remained unchanged from Wilhelm II to Angela Merkel? And if you do come up with something, was it also there 1,000 years ago, or 5,000 years ago? The (unratified) Preamble of the European Constitution begins by stating that it draws inspiration ‘from the cultural, religious and humanist inheritance of Europe, from which “have developed the universal values of the inviolable and inalienable rights of the human person, democracy, equality, freedom and the rule of law’.3 This may easily give one the impression that European civilisation is defined by the values of human rights, democracy, equality and freedom. Countless speeches and documents draw a direct line from ancient Athenian democracy to the present-day EU, celebrating 2,500 years of European freedom and democracy. This is reminiscent of the proverbial blind man who takes hold of an elephant’s tail and concludes that an elephant is a kind of brush. Yes, democratic ideas have been part of European culture for centuries, but they were never the whole. For all its glory and impact, Athenian democracy was a half-hearted experiment that survived for barely 200 years in a small corner of the Balkans. If European civilisation for the past twenty-five centuries has been defined by democracy and human rights, what are we to make of Sparta and Julius Caesar, of the Crusaders and the conquistadores, of the Inquisition and the slave trade, of Louis XIV and Napoleon, of Hitler and Stalin? Were they all intruders from some foreign civilisation?

Lincoln eviscerated the U.S. Constitution. He illegally suspended the writ of habeas corpus; started the war without the consent of Congress; made mass arrests of tens of thousands of political dissenters (not spies) across the North without due process; declared martial law; confiscated private firearms; shut down hundreds of opposition newspapers; imprisoned their editors and owners; censored all telegraph communications; nationalized the railroads; invoked military conscription, yet another form of slavery; orchestrated the secession of West Virginia from Virginia without the consent of the latter, as required by the Constitution; denied the Southern states representative government while they were under federal occupation; ordered federal troops to interfere in elections in the Northern states; deported Democrat Clement L. Vallandigham, a congressional critic from Ohio, to the Confederacy; effectively nullified the Ninth and Tenth Amendments to the Constitution; and more. All of this was supposedly justified by Lincoln’s novel theory that the Constitution had to be suspended, if not destroyed, in order to save it.

I feel obliged to withhold my approval of the plan, as proposed by this bill, to indulge a benevolent and charitable sentiment through the appropriation of public funds for that purpose. I can find no warrant for that kind of appropriation in the Constitution, and I do not believe that the power and duty of the General Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit. A prevalent tendency to disregard the limited mission of this power and duty should, I think, be steadfastly resisted, to the end that the lesson should be constantly enforced that though the people support the Government, the Government should not support the people. The friendliness and charity of our countrymen can always be relied upon to relieve their fellow-citizens in misfortune. This has been repeatedly and quite lately demonstrated. Federal aid in such cases encourages the expectation of paternal care on the part of the Government and weakens the sturdiness of our national character, while it prevents the indulgence among our people of that kindly sentiment and conduct which strengthens the bonds of a common brotherhood.

Pedigree was the centerpiece of Supreme Court chief justice Roger B. Taney’s majority opinion in the Dred Scott decision (1857). Though this case assessed whether a slave taken into a free state or federal territory should be set free, its conclusions were far more expansive. Addressing slavery in the territories, the proslavery Marylander dismissed Jefferson’s prohibition of slavery in the Northwest Ordinance as having no constitutional standing. He constructed his own version of the original social contract at the time of the Revolution, the Declaration of Independence, and the Constitutional Convention: only the free white children of the founding generation were heirs to the original agreement; only pedigree could determine who inherited American citizenship and whose racial lineage warranted entitlement and the designation “freeman.” Taney’s opinion mattered because it literally made pedigree into a constitutional principle. In this controversial decision, Taney demonstrably rejected any notion of democracy and based the right of citizenship on bloodlines and racial stock. The chief justice ruled that the founders’ original intent was to classify members of society in terms of recognizable breeds.

On 21 February 2006 the United States Supreme Court ruled, in accordance with the Constitution, that a church in New Mexico should be exempt from the law, which everybody else has to obey, against the taking of hallucinogenic drugs.8 Faithful members of the Centro Espirita Beneficiente Uniao do Vegetal believe that they can understand God only by drinking hoasca tea, which contains the illegal hallucinogenic drug dimethyltryptamine. Note that it is sufficient that they believe that the drug enhances their understanding. They do not have to produce evidence. Conversely, there is plenty of evidence that cannabis eases the nausea and discomfort of cancer sufferers undergoing chemotherapy. Yet, again in accordance with the Constitution, the Supreme Court ruled in 2005 that all patients who use cannabis for medicinal purposes are vulnerable to federal prosecution (even in the minority of states where such specialist use is legalized). Religion, as ever, is the trump card. Imagine members of an art appreciation society pleading in court that they ‘believe’ they need a hallucinogenic drug in order to enhance their understanding of Impressionist or Surrealist paintings. Yet, when a church claims an equivalent need, it is backed by the highest court in the land. Such is the power of religion as a talisman.

A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed. It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a government, which is only another word for political power and supremacy. But it will not follow from this doctrine that acts of the large society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it expressly confines this supremacy to laws made pursuant to the constitution; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed.

When Tocqueville accepted the language of his age and adopted the term individualisme for volume 2 of Democracy, he distinguished that sentiment from selfishness. Selfishness evinced an exaggerated self-love or narcissism- a misdirected instinct. In contrast, individualism represented a deliberate, openly professed conviction that society required nothing more from the individual than an assertion of private rights, and that it worked well enough by an appropriate interplay of private interests. Individualism, as distinct from either ego or individuality, reflected a wholly debased orientation to "self" that reflected an extreme sense of superiority and self-sufficiency.[...] Public institutions were designed to draw public engagement from what were essentially private concerns, but these arrangements were always vulnerable to a corrupting myopic view of individual right. Individualism embodied a philosophical orientation that not only influenced citizen's perceptions of self and society but also governed the sense of what constitutes a rational course of action. Under the ethos of individualism, dominance was portrayed as a matter of survival- thus, self-interest was only rational choice in many situations. In this way, individualism undermined the ideal uncoerced public virtue that underlay federal institutions. Federal arenas of contestation had required some sense of equity and conception of the common good for even the most minimal accomodations; a public philosophy that exalted individualism threatened the essence of liberty." (Barbara Allen, Tocqueville, Covenant, and the Democratic Revolution. pag.120)

What the “geniuses [who] went to Philadelphia” wanted remains the subject of endless debate—a debate fueled by the real differences among them and the very real ambiguities of the compromises they forged. But James Madison did not go to Philadelphia seeking gridlock. Quite the opposite: The Virginian who played such a critical role in the nation’s founding led the charge for a powerful national government. He pushed for a new constitution specifically because its predecessor, the Articles of Confederation, adopted in 1777, had been a catastrophe—a decentralized arrangement too weak to hold the country together or confront pressing problems that needed collective solutions. Madison arrived at the convention with one firm conviction: Government needed the authority to govern.29 In the deliberations that followed, Madison stayed true to that cause. He argued tirelessly for the power of the federal government to be understood broadly and for it to be decisively superior to the states. He even supported an absolute federal veto over all state laws, likening it to “gravity” in the Newtonian framework of the new federal government.30 Most of the concessions to state governments in the final document were ones that Madison had opposed. He was a practical politician, and he ultimately defended these compromises in the public arena—the famed Federalist Papers Madison penned with his colleagues Alexander Hamilton and John Jay are an advertisement, not a blueprint—but he did so because he saw them as necessary, not because he saw them as ideal.31 Throughout, Madison kept his eyes on the prize: enactment of the more vital and resilient government he regarded as a national imperative.

Politicians are the only people in the world who create problems and then campaign against them. Have you ever wondered why, if both the Democrats and Republicans are against deficits, we have deficits? Have you ever wondered why if all politicians are against inflation and high taxes, we have inflation and high taxes? You and I don’t propose a federal budget. The president does. You and I don’t have Constitutional authority to vote on appropriations. The House of Representatives does. You and I don’t write the tax code. Congress does. You and I don’t set fiscal policy. Congress does. You and I don’t control monetary policy. The Federal Reserve Bank does. One hundred senators, 435 congressmen, one president and nine Supreme Court justices — 545 human beings out of 235 million — are directly, legally, morally and individually responsible for the domestic problems that plague this country. I excused the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered by private central bank. I exclude all of the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman or a president to do one cotton-picking thing. I don’t care if they offer a politician $1 million in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislators’ responsibility to determine how he votes. Don’t you see the con game that is played on the people by the politicians? Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party. What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of Tip O’Neill, who stood up and criticized Ronald Reagan for creating deficits. The president can only propose a budget. He cannot force the Congress to accept it. The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating appropriations and taxes. Those 545 people and they alone are responsible. They and they alone should be held accountable by the people who are their bosses — provided they have the gumption to manage their own employees.

Benjamin Franklin wrote little about race, but had a sense of racial loyalty. “[T]he Number of purely white People in the World is proportionably [sic] very small,” he observed. “ . . . I could wish their Numbers were increased.” James Madison, like Jefferson, believed the only solution to the problem of racial friction was to free the slaves and send them away. He proposed that the federal government sell off public lands in order to raise the money to buy the entire slave population and transport it overseas. He favored a Constitutional amendment to establish a colonization society to be run by the President. After two terms in office, Madison served as chief executive of the American Colonization Society, to which he devoted much time and energy. At the inaugural meeting of the society in 1816, Henry Clay described its purpose: to “rid our country of a useless and pernicious, if not dangerous portion of the population.” The following prominent Americans were not merely members but served as officers of the society: Andrew Jackson, Daniel Webster, Stephen Douglas, William Seward, Francis Scott Key, Winfield Scott, and two Chief Justices of the Supreme Court, John Marshall and Roger Taney. All opposed the presence of blacks in the United States and thought expatriation was the only long-term solution. James Monroe was such an ardent champion of colonization that the capital of Liberia is named Monrovia in gratitude for his efforts. As for Roger Taney, as chief justice he wrote in the Dred Scott decision of 1857 what may be the harshest federal government pronouncement on blacks ever written: Negroes were “beings of an inferior order, and altogether unfit to associate with the White race, either in social or political relations; and so far inferior that they have no rights which a White man is bound to respect.” Abraham Lincoln considered blacks to be—in his words—“a troublesome presence” in the United States. During the Lincoln-Douglas debates he expressed himself unambiguously: “I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will for ever forbid the two races living together on terms of social and political equality.” His opponent, Stephen Douglas, was even more outspoken, and made his position clear in the very first debate: “For one, I am opposed to negro citizenship in any form. I believe that this government was made on the white basis. I believe it was made by white men for the benefit of white men and their posterity forever, and I am in favor of confining the citizenship to white men—men of European birth and European descent, instead of conferring it upon negroes and Indians, and other inferior races.