Fiscal Cliff Process Violated the Constitution. Does Anyone Care?

By Dr. Harold Pease

There are few parts of the Constitution more clear than, “All bills for raising revenue shall originate in the House of Representatives but the Senate may propose or concur with amendments as on other bills” (Article I, Section 7, Clause 1). In a vote taken well after midnight (the supposed deadline) December 31, the SENATE passed a bill raising taxes on those with incomes above $400,000 a year, a tax increase on this group from 35% of their annual income to 39.6%, and the removal of tax exemptions for those making $250,000 or more a year. The capitol gains tax on everyone was raised from 15% to 20% and there were many other adjustments on the tax code as well. This bill definitely did not originate in the House of Representatives as required by the Constitution. So, does anyone care?

The Senate then forwarded their “revenue raising” bill to the House the day after the deadline presenting them with a single choice, be blamed for taking the country over the so-called fiscal cliff or not. It was blackmail! With no way to modify any of its provisions and the bell having already rung ending the tournament, they agreed. It is true that the House had not presented to the Senate any revenue raising solution as it opposed such, largely because President Barack Obama had made it clear that he would not sign any law that did not raise revenue on the rich. Still, the House is the only body that had authority to do so and their intention not to support a tax increase, by not originating one, should have stood regardless of what the Senate and President thought or wanted. Allowing these other bodies to do so for them has weakened this part of the Constitution and House authority. Henceforth, past practice wrongly will be used to legitimize future revenue raising by the Senate and this part of the Constitution, in effect, will be obliterated.

So why should you care? For thousands of years, until the Constitution, governments taxed their citizens whenever and whatever they wished. The people had no say. If the pharaoh in Egypt wanted bricks without straw from the Israelites, for instance, so be it. In our republic we have two legislative bodies, the House to represent the people, and the Senate to represent the individual states. Prior to 1913 the State Legislators elected the Senate so that it could protect the interests of the states from the federal government’s natural inclination to grow, absorbing state functions. This is called federalism—shared government. The House was to protect the interests of the people as its first and major concern.

The power of the purse (both taxing and spending) is one of the most important powers of the Constitution. The Founders resolved that it should be left with the representatives of the people; “all bills for raising revenue shall originate in the House of Representatives (Article I, Section 7).” This made it impossible for the people to be over-taxed for more than two years as all members of this body come up for reelection on the same date—every two years.

Addressing this subject James Madison, the father of the Constitution, observed, “This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.” The U.S. Constitution mandates that “the House of Representatives cannot only refuse, but they alone can propose the supplies requisite for the support of government.” This power alone he added, “can overcome all the overgrown prerogatives of the other branches of the government. They, in a word, hold the purse… (The Federalist 58).”

Taxes, the historic grievances of the masses of all ages, were left to this body alone to originate or initiate. The significance of this placement cannot be over-stated. In the Constitution only the masses could originate taxes as all revenue for the government came from the backs of the people. In the United States it is impossible to be over-taxed if we are following the Constitution. No other nation in all history, as far as we know, had this protection from their government. Once processed through the House, the Senate could modify as on other bills, but it must first come from the House. This cannot happen without permission from the people’s representatives.

This may seem like a small thing given all the hype on the Fiscal Cliff but the people really do not want to surrender their freedom from excessive taxation, which, prior to this document was virtually unheard of in the history of the world. Losing this is far more serious than what pundits said would be the worst-case scenario of the cliff because, once gone, it is unlikely to be retrieved. Members of congress are doing so incrementally by not insisting that the government stay within its bounds and honor the document that they individually have sworn to uphold. No one will destroy the Constitution all at one time but by their ignorance, or worshipful loyalty to party, are doing so one piece at a time. If your representatives voted for this please send him a copy of this article so that he/she will be more sensitive to this issue in the future.

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

There is anger out there not seen since the Civil War

Dr. Harold Pease

In mid November 2012, the nation was greeted with a movement, seemingly originating out of nowhere that can only be referred to as successionitis—a desire of the people to leave the Union—not seen in the United States since the Civil War. Without the Internet it would have been totally ignored and never known by the rest of us. The establishment press did not cover it until it was too big to ignore, then coverage was minimal. The media was largely dismissive citing the reelection of Barack Obama as the reason and the movement, largely of racists, certainly extremists, was simply sour grapes on the part of those preferring Mitt Romney. Certainly the movement did not actually mean anything, they implied.

They could not have been more wrong!! Universally devoid of coverage were questions: why so many participated, why the movement came on so fast and was so strong, and why it was so geographically spread? Why would this not be a legitimate expression of the discontent of the people; even a warning to an overly controlling federal government?

True, the petitions began in Louisiana the day following the reelection of President Obama and within a week spread to all 50 states, but the anger had been mounting for at least 20 years when neither party appeared to follow the Constitution nor give heed to federalism—the concept of shared governance between the feds and the states, so critical to freedom. It is also true that Obama represents a divided nation as never before since 1861 and is seen by half the nation as a facilitator of that divide, especially with respect to his push for income redistribution, better known as socialism and class warfare. Just as before the Civil War, there seems to be no middle ground. If compromise means further loss of liberty, petition signers want no more of it. Those who watch the Constitution disregarded or undermined on virtually a daily basis believe that there is no more freedom to surrender.

Most of the petitions from all fifty states cited sections of the Declaration of Independence as justifying their requests. The Louisiana petition read: “Peacefully grant the state of _____ to withdraw from the United States of America and create its own new government. As the founding fathers of the United States of America made clear in the Declaration of Independence in 1776: ‘When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the Earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation…Governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and institute new government.’”

Moreover, the loss of freedom in 1776 is identified with what petition proponents see as tyranny today. The Texas petition read: “The U.S. continues to suffer economic difficulties stemming from the federal government’s neglect to reform domestic and foreign spending. The citizens of the U.S. suffer from blatant abuses of their rights such as the NDAA, the TSA, etc. Given that the state of Texas maintains a balanced budget and is the 15th largest economy in the world, it is practically feasible for Texas to withdraw from the union, and to do so would protect its citizens’ standard of living and re-secure their rights and liberties in accordance with the original ideas and beliefs of our founding fathers which are no longer being reflected by the federal government.” My guess is that a third of America agree with these charges, though not necessarily with the solution. Petition signers believe that the U.S. federal government is so mismanaged that secession is the only option for future prosperity.

By November 15 the following states each had over 35,000 signatures: Alabama, Florida, Georgia, Louisiana, North Carolina, Tennessee, and Texas had 116,000 by itself by the twentieth of the month. Arizona, Arkansas, Colorado, Indiana, Kentucky, Michigan, Missouri and South Carolina were above the 25,000 required of each state for the President to keep his word to answer their petitions within 30 days of initiation. Thus far I have found no response by the President, nor does the media appear to insist that he make one. The government’s website no longer posts the count, the Presidents response, or the issue, but we have reason to believe that a dozen more states were significantly increasing their numbers daily and therefore would have easily passed the required number, and that the total for all states exceeded a million citizens by the December 7, deadline (“50 States File Secession Petitions With D.C.” American Free Press, Nov. 20, 2012, by Pete Papaherakles).

At this point the signers see their signing as only a veiled threat. Few really want their state to leave the Union and all know that this could not ever happen without the state legislature voting to do so. They also know that the federal government will never allow them to do so. How extreme for the media to believe so. For signers it was the only way that they could get attention to the issue so ignored by the establishment media and both major political parties – we are losing our liberty. But given the volume of signers, the geographical spread, and the speed and intensity of this dissent, the federal government should be placed on notice that there is anger out there not seen since the Civil War and it should work to remove such. Writing them off as some kind of joke only confirms citizen concern that those in power only seek to enslave them more fully.

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

Have we removed Christ from Christmas?

By Dr. Harold Pease

It was in the eighth grade when I moved from Santa to Christ as my main focus of Christmas. I well remember the star saturated night when the heavens overwhelmingly testified of God’s awesomeness. I could almost feel the words of my favorite Christmas carol “Silent Night” go down into my soul as never before as I both sang and pondered its words. Perhaps it was the scenic nativity-like setting where I found myself, hand milking my neighbors cow while he was away for a week, the three-sided shed that allowed my gaze into the dark but star-lite, cold, cloudless night which allowed my peak into the heavens and most of all, it was Christmas Eve. I was alone with Christ. It could not have been more impressive and it was the same every morning and night for the week after Christmas.

I never had that experience again in the same way but I always had an intense love for the carols that spoke of his birth: “Oh Holy Night,” “Hark! The Herald Angels Sing,” “Joy to the World,” and “The First Noel.” They were just different somehow—far more powerful than regular jingles. My background was not particularly unique for the time period. Santa was there for the children but he never competed with Christ for the spotlight. The transition to Christ just followed with maturity. Years followed years, I had children and now they have children and, because of home and church the songs have passed on as they had for hundreds of years before. But, unfortunately, this does not happen for everyone.

Today the earth is still bathed with happy songs but radio stations seldom play the ageless Christ-birth songs: “Far, Far Away on Judea’s Plains,” “With Wondering Awe,” “Away in the Manger,” and “O Little Town of Bethlehem.” Outdoor nativity decorations are virtually non-existent unless you make your own. Even indoor nativity scenes are hard to find. Stores have almost nothing to purchase that speaks to this Holy Night. Have we removed Christ from Christmas?

There are no television shows or movies that address Nativity themes but Hollywood never really did much in this direction anyway, the “Waltons” or “Little House on the Prairie” were the exception, but then again that was in an earlier generation. There is no Nativity symbolism on television programs today. Everything is “feel good” or Santa related. Even the Grinch is given more attention than Christ.

All references to Christ have been removed from our schools and teachers dare not encourage the singing of traditional Christmas carols, although any tune without the mention of Jesus Christ is encouraged. A culture that did not know the words of “Silent Night,” “It Came Upon a Midnight Clear,” “Joy to the World,” or, “Oh, Come, All Ye Faithful” would have been unheard of in my day, but is the norm today. Only the churches and homes give any exposure to Christ in Christmas, as was so for me and generations before me. Sadly some churches may give more emphasis to Santa than Christ. Neither churches nor communities have Nativity plays as once they did.

The reason for the season is Jesus Christ, that is why it is called Christ-mas but few homes show any evidence that He is center placed. Most Americans consider themselves unchurched (a term for those without religious affiliation) so the incentive to read, tell or act out the “Old Story” is mostly gone. Seemingly each generation transfers to the next less of Christ in Christmas.

Today we do not wish to offend other religions so Christmas has turned into Winter Break and Easter into Spring Break. I refuse to use these terms. Some advocate changing Christmas to Winter Holiday. The undermining of Christ’s special day is endless and seemingly intentional.

Why not change to a traditional Christmas this Christmas season, like generations before you. In your home play mostly the traditional Christ centered songs. Instead of a Santa, or reindeer in your front yard make a nativity scene. Take yourself or family to a church service. Find a service that will speak of that special night and rehearse the events of that most special day. Go caroling to shut-ins or to a nursing home. Read to your friends and loved ones on Christmas Eve the story of the birth of Jesus Christ—the one believed by all Christians to be the Savior of the world. If you have children let them act it out. Give Christ a few hours of your month. You will never be sorry that you took this challenge.

You may never have a special moment in a shed milking a cow on a cold starry night as I did as a 14 year-old boy but this same special feeling will find a way of filling your soul just as intensely in its own way. Then you will not be an accomplice in removing Christ from Christmas and will join those who wonder why anyone would want to.

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

Is it time States use a little known, but previously used, Constitutional Check to stop Obamacare?

By Dr. Harold Pease

Presently 17 states have chosen not to setup insurance exchanges with respect to the Patient Protection and Affordable Care Law, commonly cited as Obamacare, primarily because they fear that doing so would bankrupt their state and they remain convinced that it is a serious intrusion on their constitutional jurisdiction—even freedom. Some were among the 26 states that suede the Federal Government for exceeding its constitutional authority. They may not know that they have one constitutional check left to exercise if they but have the will.

Those who spend any time with the Constitution know that the federal government is limited to a list of specific areas wherein Congress can legislate (Art. I, Sec. 8) and if a desired power is not on that list, or not added thereto by way of an amendment to the Constitution, they are prohibited from legislating therein. All other powers not provided in that document are left to the states and to the people as per Amendment 10 of the Bill of Rights. Checks and balances were created in an effort to keep the federal government from creating its own authority and taking over everything. The Founding Fathers saw going off the list and thus doing something not authorized as tyranny.

Senators were especially charged to protect state sovereignty, the list, and the 10th Amendment, but Progressives in the early 20th Century weakened that protection by ratifying the 17th Amendment, which favored a popular vote for this office rather than, as it was before, having Senators selected by state legislatures who were purposely far more state sovereignty centered. State power was thereafter left unprotected and measures clearly of state jurisdiction and unlisted, such as health care, got through the badly damaged shield and became law.

The Supreme Court was also one of those checks and balances, but it too has become damaged when previous small perversions of the Constitution become leverage for yet other larger perversions, and original intent the intended interpretation, was replaced by past practice, a philosophy also accentuated by the Progressives Movement. What do we do when the Court too is compromised as in Obamacare?

The Supreme Court also has one other problem. Think of our government, as the founders did in the Constitution, as two parts, with power divided between two government teams—the federal and the state. The Supreme Court can never be the final arbitrator between these two teams as it is a valued player on the federal team, and thus not neutral. It will always tend to favor the federal team. What can the states do to stop federal intrusion into their arena even when such intrusion is blatantly clear to anyone reading the Constitution? Nullification.

The Founders left us with one final check on tyranny, but it is not well known and is little used. If the 26 suing states, or even the 17 who have rejected creating the insurance exchanges, instead just said “No! “The law is clearly unconstitutional and will not be implemented, in part or whole, in this state without a constitutional amendment so authorizing. If this law, which virtually destroys the 10th Amendment to the Constitution, is allowed to stand the states have no protected jurisdictions from the federal government and are merely appendages to it.” If enough understood that this law is the death of the philosophy of shared power, or federalism, they would oppose it. If even a minority of states stood together on this point it would stop this federal takeover of one-seventh of the economy in its tracks. State legislators, you are the last constitutional check. Are you listening?

Nullification has two historical precedents. Thomas Jefferson (principle author of the Declaration of Independence) and James Madison (referred to as the father of the Constitution) attempted to nullify The Alien and Sedition Acts in 1798 created by their Federalist Party predecessors. These authors penned the Virginia and Kentucky Resolves objecting on the basis of the unreasonable empowerment of the president and the attack on the First Amendment, particularly freedoms of speech and press. The Supreme Court never took the case, largely because the bill was design to last only until 1801, (Federalists did not want it used against them should they lose the next election) thus the issue died naturally undoubtedly assisted by resistance of these states.

Next to use the Nullification Doctrine was South Carolina with respect to the 1828 “Tariff of Abominations,” believed by them and neighboring states to be unconstitutional. Opponents to it declared it to be “null and void” within their border and threatened to take South Carolina out of the Union if Washington attempted to collect custom duties by force. Andrew Jackson prepared to invade the state. A compromise Tariff of 1833 gradually lowered the tariff to acceptable levels and the issue faded away. States standing firm brought compromise.

Unfortunately for power-hungry federal politicians, the word health is not in Section 8, nor has it been added to the Constitution by way of amendment through Article V, which is the process for “change that you can believe in,” and thus our Founders would have considered it devoid of constitutional authority. If we are to follow the Constitution as intended, and not make a mockery of it, health related concerns are state functions at best and cannot be moved to a federal jurisdiction without a 3/4th affirmative vote of the states as per Article V of the U.S. Constitution. The last acceptable constitutional check to federal tyranny is the state legislatures. Will states stand with the Constitution and its authors or be bullied into submission?

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

A Day of Thanksgiving and Prayer

By Dr. Harold Pease

Some may not know how Thanksgiving Day became our first national holiday, nor its importance as a day of “public thanksgiving and prayer.” One of the very first acts of the new Congress was to pass a law requesting President George Washington “to recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.” He complied and boldly wrote: “Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor,” establishing forever our national foundation as a God-loving and God-fearing people. He then proceeded to list the national favors, to which he gave credit to God, especially with respect to His help in the Revolutionary War.

George Washington further wrote, “Now, therefore, I do recommend and assign Thursday the 26th day of November next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the original and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safely and happiness, and particularly the national one now lately instituted; for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and, in general, for all the great and various favors which He has been pleased to confer upon us.”

After listing God’s blessings to this people he asked that He pardon our transgressions and accept our prayers. He wrote, “And also that we may then unite in most humbly offering our prayers and supplication to the great Lord and Ruler of nations, and beseech Him to pardon or national and other transgressions; to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually; to render our national Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discretely and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shown kindness to us), and to bless them with good government, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and generally, to grant unto all mankind such a degree of temporal prosperity as He alone knows to be best.” Then he simply signed it.

Those who refer to this day as simply “turkey day” undermine the very foundation of our national Christian heritage upon which every other foundation principle rests. Let us take this moment to thank God for the liberties we still have, and to ask forgiveness for our departures from the core values expressed in this proclamation, and in the Constitution—-resolving to restore them to prominence before they are all lost—-not by an enemy from without, but by our own ignorance and neglect from within. After all, it’s about liberty.

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.