NONPROFIT ORG. NHCCS U.S.POSTAGE PAID P.O. 906 MANCHESTER, NH Raymond, NH 03077 PERMIT NO. 1178 Original Intent

Volume 6, Issue 3—Aug/Sept 2007 Original Intent is published three times annually by the NH Center for Constitutional Studies, Inc.— PO Box 906— Raymond NH 03077 Guard With Jealousy the Public Liberty: The American Constitution

CHAIRMAN’S CORNER If the Gov’t Won’t Do It “It is indeed unfortunate that, because of By Dr. Mackubin Thomas Owens the actions of certain extremists, ‘militia’ The Public Liberty has become a term of opprobrium. It Shipwrecked by Executive Order should be rehabilitated.” Mackubin T. Owens is Professor of Strat- Throughout most re- egy and Force Planning at the Naval War of the preparatory College in Newport, Rhode Island. He corded history, people retired from the Marine Corps Reserve as a clause, the amendment have been governed by Colonel in 1994. He was wounded twice guarantees only a rulers’ law—the law that during the Vietnam War and awarded the "collective," not an in- rulers chose to impose. Silver Star medal. Dr. Owens earned his dividual, right to bear The people had no real Ph.D. from the University of Dallas, his arms, thereby restrict- choice. [But], America’s M.A. in economics from Oklahoma Univer- ing it to members of the Founders believed that sity and his B.A. from the University of organized "militia" (or liberty was too precious California at Santa Barbara. the police and military). to entrust to leaders. For Dianne Gilbert the first time ever – in [A]n Arizona newspaper has proposed an But over the past dec- Prof. Mackubin T. Owens America, in 1787 – the people themselves pre- interesting way to curb illegal immigration ade, constitutional-law pared their own written Constitution – one of during a time of war: the use of a citizen mi- scholarship has refuted this view. A recent laws and people, not of rulers. It not only pro- litia. Last month, according to the November case in point is Leonard Levy, a constitutional tected them from the harmful acts of other 15 Arizona Daily Star, Cochise County's scholar with impeccable liberal credentials, citizens; more importantly, it protected them Tombstone Tumbleweed published an edito- who in his book, Origins of the Bill of Rights, from their own government.”1 rial entitled "Enough is Enough!" calling for demonstrates beyond the shadow of a doubt As “ordained and established” the 1787 armed, able-bodied citizens, operating on that the framers of the first ten amendments Constitution set up and authorized a General private property, to "create a presence and a intended to guarantee the individual right to Government for the United States of America. deterrent to illegal border crossers." bear arms. As understood by the people of the era in Predictably, the proposal was attacked by How could this strained interpretation of the which it was accepted, this new government "human-rights" activists as a manifestation Second Amendment ever have been taken se- was duty bound to uphold and unswervingly of "militant vigilantism." According to Isa- riously in the first place? All one has to do is operate in harmony with the principles of lib- bel Garcia of Tucson, "to have the official consult the words of the Founders themselves. erty and union set forth by the Declaration of newspaper of [Cochise County] call on peo- "No free man shall ever be debarred the use of Independence. That called for a national gov- ple to take up arms is very dangerous, very guns," wrote Thomas Jefferson in his pro- ernment of limited powers, based upon the frightening. Law enforcement and public posed Virginia Constitution of 1776. Both the rule of law and consent of the governed. Thus, officials should be concerned." Imagine! Pennsylvania and Vermont constitutions assert the primary role given the new central gov- Armed citizens, protecting their homes! Ab- that "the people have a right to bear arms for ernment was to secure and protect the people’s solutely shocking! the defense of themselves and the state..." God given rights, such that they may attend to prospering themselves. Nevertheless, being But really, if the federal government can't or So what is the meaning of the reference to the fully aware of man’s intrinsic passion to rule won't do the job, why not rely on the posse militia? For the Founders, the militia arose over other men, and that “government is not comitatus and the militia? The Tumbleweed from the posse comitatus, the "power of the reason…nor eloquence” but rather a coercive has the Constitution on its side. Indeed, the county" constituted by the people as a whole, “force,” which, like fire, could become a Founders framed the Second Amendment embodying the Anglo-American idea that the “fearful master,” the Framers proceeded to with such an armed citizenry in mind. citizenry is the best enforcer of the law. From its origins in Britain, the posse comitatus was bind the hands of those put in charge of run- That amendment reads, "A well-regulated understood to be the people at large, constitut- ning the government with the chains of a writ- Militia being necessary to the security of a ing the constabulary of the "shire." When or- ten Constitution. free state, the right of the People to keep and der was threatened, the "shire-reeve" or sheriff Consequently, when it came to parceling out bear arms shall not be abridged." Obviously, would raise the "hue and cry" and all citizens grants of power under the Constitution our gun-control advocates see the Second who heard it were bound to render assistance nation’s founding fathers left nothing to Amendment as a stumbling block to their chance. Power was not to accumulate or be schemes to disarm the American citizenry, in apprehending a criminal or maintaining or- der. In this tradition, the sheriff in the Ameri- left to concentrate in one or even a few sets of so they purposely have misconstrued it. hands; it was to be divided and distributed, They have done so by claiming that because (Continued on Page 4 - If the Gov’t Won’t) checked and balanced, among the three branches: “ Power being found by universal experience liable to abuses, a distribution of it What The Founders Would Say... into separate departments, has become a first “Every member of the state, ought diligently to read and study the constitution of his country, principle of free governments. By this con- and teach the rising generation to be free. By knowing their rights, they will sooner perceive trivance, the portion entrusted to the same when they are violated, and be the better prepared to defend and assert them.” (Continued on page 5- The Public Liberty) _John Jay, 1777 Page 2 Original Intent

Biographical Sketch: Roger Sherman ~ Father of Coinage

“Money ought to be nental Congress. With a man aptly named Roger Sherman was “a man who never said something of certain Richard Law he was appointed to rewrite the a foolish thing in his life.” Patrick Henry value. . .” With archaic and confusing Connecticut Statutes. claimed him as one of the three greatest men these words Roger The work was highly regarded. at the Convention. He spoke 138 times there Sherman lays a key As tension mounted with Great Britain in Philadelphia. brick in the founda- Sherman became active in the efforts for Much of what inspired Sherman’s political tion for an effective freedom. In 1775, as the War for Independ- concern was his business acumen. He was economy. The key ence began he was appointed to the Gover- convinced that paper money held the poten- word is ‘certain. nor’s Council of Safety and became Com- tial for great injustice. In 1752 because of Money must have a missary for the Connecticut troops. Soon the weakness of Rhode Island’s currency he certain and consistent after, his fellow patriots awarded him for his penned A Caveat Against Injustice. It is an standard of worth. faithfulness and wisdom by making him a ‘inquiry into the evils of a fluctuating me- Otherwise it and the member of the Committee of Five, responsi- dium of exchange.’ He was angered by the articles it represents ble for the drafting of the Declaration of In- cheapening of useful goods in Connecticut are without any value dependence. because of the useless money of Rhode Is- at all. Mr. Sherman He had a notable role in the writing of the land. gained a practical Constitution. As a delegate to the convention He begins his treatise: “Forasmuch, as understanding of that from Connecticut he made the 1787 trip to there have been many disputes arisen of late fact through a life- Philadelphia fully prepared to “patch up the concerning the medium of exchange in this time of business old scheme of government.” He believed colony, which have been occasioned chiefly building and legal that the Articles of Confederation which he by reason of our having such large quantities Roger Sherman studies. had signed years earlier just needed a little of paper Bills of Credit on some of the Roger Sherman was two years old when revision. He had, in fact, previously pre- neighboring governments passing in pay- his family moved to Stoughton, Massachu- sented to Congress a few amendments which ments among us, and some of those govern- setts, a frontier town. It was 1723. Though would have given the Articles more strength ments having issued much larger sums of limited in formal education his father had a to impose levies, the power to establish a Bills than were necessary to supply them- substantial library and young Roger read as Supreme Court, and to make laws binding selves with a competent medium of ex- much as he could. Stoughton raised its first on all the people. He soon realized that a change, and not having supplied their treas- grammar school when Roger was thirteen new document was needed and jumped into uries with any fund for maintaining the but he attended only briefly. By this time he the fray with great enthusiasm. credit of such Bills; they have therefore been had gained quite a mastery of the most im- He disapproved the tendency toward de- continually depreciating and growing less in portant topics. Sherman also had the advan- mocracy that existed in some of the dele- their value, and have been the principal tage of an excellent tutor in the village, Har- gates. He favored an executive branch means of the depreciation of the Bills of vard trained, Rev. Samuel Dunbar. This dominated by the legislature and state repre- Credit emitted by this colony, by their pass- Pastor helped Roger obtain a grasp of sci- sentatives elected to two houses of Congress ing promiscuously with them; and so have ence, mathematics, literature, and philoso- by the state legislatures. One house to ad- been the occasion of much embarrassment phy. dress issues related to the people and a sec- and injustice in the trade and commerce of After his father’s death the family moved ond house, the Senate, to address issues re- the colony, and many people — and espe- to New Milford, Connecticut. After settling lated to the states. He also saw no need for cially widows and orphans — have been in he and his brother opened the first store the new Constitution to be popularly ratified. great sufferers thereby. there. He poured himself into civic affairs His reasoning skills are witnessed most But our Legislature having at length taken and was encouraged to become a lawyer clearly in two particularly awkward discus- effectual care to prevent further depreciation while serving as surveyor of New Haven sions in the Convention of 1787. The New of the Bills of this colony, and the other gov- County. A neighbor had asked Mr. Sherman Jersey Plan which gave equal representation ernments not having taken the prudent care, to address a petition pending before the to all states was aided by his writing. And their Bills of Credit are still sinking in their county court. The lawyer involved in the the major move of the entire Convention, the value, and have in fact sunk much below the case was so impressed with the notes that decision that moved the Convention forward value of the Bills of this colony.“ Sherman had prepared he recommended that and produced the Constitution was based on This insightful disposition led him to con- Roger study and present himself to the Bar. Sherman’s Connecticut Compromise. The clude that only silver and gold were ade- This he did and in 1754 he began his law delegates were at a standstill. How would quate mediums of exchange. “But if what is profession. That while still engaged as store slaves be accounted for if the representation used as a medium of exchange is fluctuating proprietor, town clerk, local representative to the new Congress was based on popula- in its value, it is no better than unjust before the provincial assembly and almanac tion? Roger Sherman drafted a plan which weights and measures, both which are con- publisher! eventually led to the Great Compromise. demned by the laws of God and man, and By the age of 40 he had become a very Free people would count as 1 person; slaves therefore the longest and most universal cus- successful businessman and gained a favor- would count as 3/5 of one person. As dis- tom could never make the use of such a me- able reputation throughout New England. tasteful as that compromise may appear it dium either lawful or reasonable.” His economic wisdom proved him to be was the decision that moved the Convention His firm conviction on that point provided well-suited as the Treasurer of Yale College. forward and made Roger Sherman a most the impetus for Article 1 Section 10 of the He also taught religion there. Add to his list notable character in the plan. His plan in- United States Constitution: “No State of accomplishments, justice of the peace and cluded a lower House of Congress, the num- shall ... make any Thing but gold and silver eventually Justice of the Superior Court of bers of which were based on population and Coin a Tender in Payment of Debts.” He Connecticut. The only reason he resigned as a Senate which provided two members from knew that paper and ink would always fail as judge was his election to the Congress of the each state. currency. We would do well as a nation to United States in 1789. It is also interesting Truly unique and thoroughly dignified pay heed. that while serving on the Superior Court he Roger Sherman is the only Founding Father Roger Sherman was elected as a Senator was recognized as such an honorable man he to have signed all 4 of these key documents: from Connecticut at the age of 70. He died was elected as Mayor of New Haven. He the Articles of Association, The Declaration in that office in 1793 two years later. He held that office until his death in 1793. of Independence, the Articles of Confedera- was devoted to his state, his new country, One task in particular prepared him for his tion, and the Constitution of the united and his God. later experience as a member of the Conti- states. Thomas Jefferson once remarked that _By Lee Button Volume 6—Issue 3 Page 3

DEPARTMENT OF EDUCATION: USELESS, EXPENSIVE, UNCONSTITUTIONAL

When we think about he created an unconstitutional agency, the able to speak, but have reached a point where the government’s in- Federal Department of Education. Since its no one listens. Certainly not our elected offi- fringement on liberty, establishment, the quality of education has cials, who ignore the Constitutional restraints dramatic pictures come dropped dramatically as children graduate placed upon them. They fill their pockets and to mind: citizens be- from high school unable to read, write, or freezers with cash and vacation on junkets hind bars; starving peo- calculate. These uneducated students enter paid by lobbyists. ple held captive in colleges where they take remedial classes in We have become a nation of complainers. We barbed wire enclosed basics, or simply flunk out. have no other choice because we are tethered concentration camps; Expensive programs are used to inflict a by the countless ropes that appeared while we armed soldiers march- poor education on the children of this nation. slept. Grumbling has become a way of life for Romelle Winters ing through streets; Rather than teach the students the basic 3 ’s, a nation which could have saved itself when firing squads. These time is wasted on relentless sex education, there was still time. Now we are tied by the thoughts cause a cold hand of fear to grip the psychiatric evaluation, administration of corruption that has infiltrated our political sys- heart. Yet, a smart government can take free- mind-numbing medication, and a politically tem. Only a mighty push from all can break doms from its subjects in far more subtle, correct curriculum. The Department of Edu- the ties that enslave us. Is it possible for all to malevolent, and permanent ways. cation is the largest terrorist organization in work together to free ourselves from depend- Overt overstepping of authority by a govern- the country. And they have done their job ence or have too many of us become part of ment alerts its citizens. They see freedoms well as fewer and fewer of our children are the workers tying the ropes? disappear as life and property are assaulted. prepared for their future success. Romelle Winters holds a Bachelors degree in American Past history has shown the consequences of Another thin strand tying down the popula- History and is a retired educator. She is Publicity Chairman an out-of-control government. People are tion is excessive taxation. Hard-earned inspired to confront and overthrow these for NHCCS. She is also an interpreter for the person of money is confiscated from paychecks before leaders. Martha Washington and is available to lead seminars and/ workers see them. Employers, also highly or teach classes on American history, constitutional gov- However, evil leaders have also taken note taxed, become unpaid tax collectors for the ernment, western civilization and the roots of the American of the past. They know how far they can de- Federal Government. Lincoln once said that Republic. If you are interested in having Mrs. Winters lead a ceive the citizens before people turn against a nation cannot exist half slave and half free. seminar for your home school group, or for your public or them. They see the consequences of Brit- Yet, the people of this country work for the private American History or Civics education class, please ain’s heavy-handed control of the Colonies. government almost half of the year, thus make your request known to NHCCS by calling 603-679- Royalty in France learned a deadly lesson as making them half slave. Mothers, who once 2444 or send an email to: [email protected] and note the eliminating oppression became a goal of stayed home to care for children, now find request in the subject line. many. Russia, in losing its monarchy, spread themselves in the workplace to pay for taxes an evil throughout the world. while their children are put into day care under the supervision of strangers. In Jonathan Swift’s book, Gulliver‘s Travels, the hero was tied down with slender ropes Congress, which has discovered it can buy by the tiny Lilliputians as he slept. He anything it pleases by raising taxes, is on a W E’ RE ON THE WEB needed only to close his eyes and let his spending spree with little concern for the WWW.NHCCS.ORG guard down allowing a group of diminutive budget constraints. If there isn’t enough people take his liberty and freedom. How money, they print more, raise existing taxes, much easier this was than struggling with a invent new taxes, or entice people to ap- NHCCS Board of Directors fighting giant. prove of immoral activities such as gam- bling. Dianne Gilbert—Chairman Our government has followed the example of the Lilliputians and is quickly tying us States have their own filaments which hold Lee Button —Vice Chairman down with a myriad of seemingly minor re- down the citizens. Property taxes, excise Pat Sutliffe —Dir. Of Finance strictions. It sings us to sleep with lullabies taxes, license fees, dog licenses, tolls, sales Romelle Winters—Public Relations of safety while it fashions thin wires which taxes, and a host of other expensive regula- Harry Fellbaum Jr.—Sr. Advisor—VA hold us to the desires of the leaders. We lost tory levies pour into the treasury of states our freedoms as we watched the Super Bowl who are as experienced at spending as their Hon. Dan Itse—Legislative Liaison and World Series. Comfortable in our Big Brothers at the federal level. Dave Philbrick— Sr. Advisor—NC homes, the government quietly ties us to its Little by little, the citizens are becoming Leo Sullivan—Sr. Advisor—MA will with a multitude of restrictions. more and more restricted by regulatory de- Arline Helms—Sr. Advisor—MI One thin strand is education. Every parent mands of government. Helmet laws. No Adrienne Rice—Sr. Advisor—CT wishes his children to be well-educated. smoking laws. Mandatory seat belt laws. Walter Reddy—Media Chairman Most people are aware that a solid education Childhood inoculations. Each places another is the foundation for a successful life. Enter thin string on our sleeping bodies until soon Honorary Board Members the Federal Government. During his run for we will be hopelessly tied by the govern- the presidency, Jimmie Carter received ment which is growing at an alarming rate. Dr. Paul Jehle—Constitutional Consultant strong support from members of the Na- Pastor Garret Lear—Pastoral Liaison Like sleeping Gulliver, we are imprisoned tional Education Association. As a reward, Ed. Wagner—CPA and unable to move. Like Gulliver, we are Paul Spidle—Program Chairman George Moore—Historian & Re-enactor DO YOU NEED TO TA LK WITH SOMEONE? Hon. Harriet Cady—Sr. Advisor HISTORY: Rosalie Babiarz– Sr. Advisor Psalm 1 & James 1 KJV STUDY IT OR BE Garrett Lear...Pastor, Elder & Minister - lifetime of experience being a counselor, mentor, teacher, coach, prayer partner, and trusted friend in DOOMED TO Contact Information confidence to leaders in church, government, military, education, business, medicine, sports. family and personal spiritual growth. REPEAT IT! www.nhccs.org The Well of Living Water Tel: 603-679-2444 ~ FAX: 603-679-4334 Tel: 603-522-9115 ~ WWW.WELLOFTHELIVINGWATER.COM~ FAX: 603-522-9116 Email: [email protected] eMAIL: [email protected] Page 4 Original Intent

Evangelical Principles—Part I Congregationalists, Baptists and Scotch- (Continued from Page 1 - If Gov’t Won’t ) _Hon. Dan Itse Irish Presbyterians. can West would "raise a posse" to capture a Some of these Evangelical principles are: lawbreaker. “A militia when properly formed," wrote Richard Henry Lee in his Let- Today our nation, though still the freest in 1 Samuel 8 The desire for a king is a rejec- ters From the Federal Farmer, "are in fact the the world is in danger of sliding into tyranny. tion of God. people themselves . . . and include all men The reason is best explained in the prelude to Acts 10:34 “God is no respecter of persons.” capable of bearing arms." This view was ech- the movie “Fellowship of the Ring”. The elf All men are created equally free and inde- oed on countless occasions during the colo- queen Galadriel is giving a discourse on the pendent, there ought to be no partiality nial, revolutionary, and founding periods. history of the ring, and man’s lust for power before the law, that there is no divine right over other men. Near the conclusion she of kings. The Founders did not fear an armed citizenry. states “...and some things that should not have Indeed, they saw the Second Amendment and been forgotten were lost. History became leg- Luke 22:26 “... he who is greatest among the militia as a means not only to enable citi- end, legend became myth ...” you, let him be as the younger, and he zens to protect themselves against their fel- who governs as he who serves.” Leaders My first and greatest hope for today is to lows, but also to protect themselves from op- are accountable to and subject to the peo- pression by the federal government. "The mi- show you the justification for your liberty, that ple. you might fully understand it; to inspire a love litia is our ultimate safety," said Patrick Henry for your liberty, and for the constitutions that Romans 13:1-7 “For he (the governing au- during the Virginia ratifying convention. "We articulate it; for you to know that you are the thority) is God’s minister to you for can have no security without it. The great ob- masters of your governments. You will notice good.” Public service is a ministry under ject is that every man be armed…Every one that I use the plural because each of you lives God. who is able may have a gun." with two separate governments, governed by Deut. 1:13 “Choose wise, understanding and The Tumbleweed editorial reflects the spirit of separate constitutions, that of your state, and knowledgeable men from among your the Founders. According to Chris Simcox, that prepared for the United States of America tribes (yourselves) and I will make them publisher and editor of the paper, citizens have by representatives of the states. Your first and heads over you.” Self government. a patriotic obligation during a time of war to best protections are found in the constitution 1 Cor. 6:1-7 “Dare any of you go to law be- "stop the flood of [illegal] immigrants funnel- of your state. fore the unrighteous, and not before the ing through Cochise County," especially in The first constitution I will deal with is the saints.” Have wise and Godly men for light of the federal government's failure to do Constitution of the State of New Hampshire. leaders. so. "We want local people, we don't want the Rambos, the mercenaries and soldiers of for- New Hampshire has the distinction of being The first document which articulated these the first State to declare itself independent tune." There is nothing wrong with the principles was the Fundamental Agreement Cochise County sheriff deputizing the posse from Great Britain. It also had the first consti- of the Colony of New Haven. They were tution as an independent State on January 5, comitatus to curb lawbreaking — the violation also articulated in the constitutions of many of U.S. immigration laws. 1776 and the last post war constitution of the states in 1776 and 1777. The best of adopted in 1784. As such it embodied every- these are Massachusetts, North Carolina, It is indeed unfortunate that, because of the thing contained in the constitutions of the Pennsylvania and Virginia. Though none of actions of certain extremists, "militia" has be- other states, and then some. In Federalist Pa- them had all of the elements, they all re- come a term of opprobrium. It should be reha- per 47, James Madison recognized the genius quired a frequent recurrence to fundamental bilitated. The Tombstone Tumbleweed's mod- that being written after the other constitutions principles of the constitution. However, est proposal is a good start. afforded the Constitution of the State of New none of them specified what those principles Hampshire. Though Madison was referring were, what they were called. Only New Mackubin Thomas Owens is Associate Dean of Academics for specifically to the necessity of commingling Hampshire, in retrospect, specified that the Electives and Directed Research and Professor of Strategy and the powers of government to preserve liberty, source of good government is Evangelical Force Planning at the U.S. Naval War College in Newport, Rhode Island. one of the specific improvements they made principles. was to identify what the foundational princi- ples of American Government were. The first ten Articles of New Hampshire’s Bill of Rights embody Evangelical principles Madison ~ Jefferson The Constitution of the State of New Hamp- as follows: shire is the only state constitution which iden- War & the Executive tified the justification for the American lib- 1. Legitimate government originates with erty. I use the past tense because its identity people and is founded in consent. Self The constitution supposes, what the History of was removed in 1968. Part 1, Article 6 stated government. all governments demonstrates, the Executive “As morality and piety, rightly grounded 2. The right to enjoy and defend life and is the branch of power most interested in war, liberty, and to acquire, possess, and pro- on evangelical principles, will give the best and most prone to it. tect property, and greatest security to government, and _Madison To Thomas Jefferson, 2 Apr. 1798 lay in the hearts of men the strongest 3. That without the reciprocal protection PJM 17:104 obligations to due subjection.” the surrender of natural rights is void,. Evangelical principles are identified as 4. Certain natural rights are unalienable In times of peace the people look most to their the foundation of our rights. Evangelical because nothing of equivalent value can Principles arise from the work of John Cal- be given or received for them, representatives; but in war, to the executive vin and the Geneva bible. The Geneva Bi- 5. All men have the right to practice relig- solely. ble was what guided the Pilgrims, Puritans, ion as they see fit, _Jefferson (1810) (Continued on Page 5 -Evangelical Principles)

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(Continued from Page 4 - Evangelical Principles Madison: the Constitution for (Continued from page 1- The Public Liberty) 6. That Evangelical principles will give the the United States of America hands being less, there is less room to abuse best and greatest security to government Properly Interpreted what is granted…” With this as their objective and lay in the hearts of men due subjec- the Framers incorporated into the new plan of tion. Schools ought to be established to But, after all, whatever veneration might be government Montesquieu’s Separation of teach Evangelical principles. All religions entertained for the body of men who formed Power doctrine: “Hence the merited praise of governments modeled on a partition of their are equal under the law. our constitution, the sense of that body could powers into legislative, executive, and judici- 7. The people have the right to govern them- never be regarded as the oracular guide in ary, and a repartition of the legislative into selves, and therefore, create a sovereign the expounding the constitution. As the in- different houses.” 2 state. strument came from them, it was nothing Those Were the Days... 8. All legislators and magistrates are ac- And so it was likewise done when it came to countable to the people, more than the draught of a plan, nothing but a dead letter, until life and validity were parceling out the important function of mak- 9. There are no hereditary or divine right breathed into it, by the voice of the people, ing the laws; here the Framers first vested rulers, lawmaking authority in the Congress only to speaking through the several state conven- 10. The people have a right to throw off tyran- repartition it across a House of Representa- nical government. tions. If we were to look therefore, for the tives, where the voice of the people is heard, meaning of the instrument, beyond the face and a Senate, where the voice of the State was If they had only wanted to impart social mo- of the instrument, we must look for it not in once heard: “All legislative Powers herein rays, they could have said Christian. If they granted shall be vested in a Congress of the had only been concerned with man’s individ- the general convention, which proposed, but United States, which shall consist of a Senate ual accountability before God (Hebrews 9:27), in the state conventions, which accepted and and House of Representatives.” 3 Then, should they could have said Protestant. But, they said ratified the constitution. the people be foolish enough to elect a rogue Evangelical which extends to man’s individual _Speech in Congress, 6 Apr. 1796 Congress, one that blatantly disregards the responsibility and authority. (Psalm 82:3, Constitution, they granted the President the Isaiah 1:17, Galatians 6:5 and 2 Thessalonians authority to check the Congress by giving him 3:10) As a guide in expounding and applying the provisions of the Constitution, the debates veto power over legislation deemed unconsti- It is not only a theology, but also a philoso- tutional. Beyond the veto authority, however, and incidental decisions of the Convention phy for church and civil government. Looking the Constitution limits the President’s law- at Part 1, Article 2, it states that all men have can have no authoritative character...The making role. He may “recommend to their natural, essential and inherent rights among legitimate meaning of the Instrument must [Congress] consideration such Measures as he which are, the enjoying and defending life and be derived from the text itself; or if a key is shall judge necessary and expedient…” 4 but liberty; acquiring, possessing, and protecting, to be sought elsewhere, it must be not in the he is to dutifully enforce constitutional policy property. Protestant principles would have led opinions or intentions of the Body which passed by Congress whether it suits his per- them to enjoying life and liberty, and acquir- planned and proposed the Constitution, but sonal agenda or not: “…he shall take Care that ing and possessing property; but, one must go the Laws be faithfully executed…” 5 in the sense attached to it by the people in to Evangelical principles to reach defending Unfortunately, and to every living Ameri- life, liberty and protecting property. their respective State Conventions where it can’s detriment, that is not the way the system We must ask what did they mean when they received all the authority which it possesses. works now; and has not worked for most of said that these principles would lay in the _To Thomas Burke, 15 Sept 1821 the 20th century. And, while the tendency to- hearts of men due subjection. By including DLC: Madison Papers day is to focus public attention upon judges

Article 10 which says, “therefore, whenever who legislate from the bench, judicial activ- the ends of government are perverted, and But whatever might have been the opinions ism, we ought to be paying much closer atten- public liberty manifestly endangered, and all tion to the free wheeling use of presidential entertained in forming the Constitution, it other means of redress are ineffectual, the decree, otherwise referred to as executive or- people may, and of right ought to reform the was the duty of all to support it in its true ders, which, in fact, pose as grave a threat to old, or establish a new government. The doc- meaning as understood by the Nation at the the public liberty for they are created with a trine of nonresistance against arbitrary power, time of its ratification. stroke of the president’s pen and by stealth and oppression, is absurd, slavish, and de- _To John G. Jackson, 28 Dec. 1821 corruption of the constitutional process made structive of the good and happiness of man- DLC: Madison Papers law of the land. They are fiat laws, which vio- kind.” They obviously were more concerned late the Constitution and fraudulently reach that the people would be too subservient rather the people under the color law without benefit than not subservient enough. They were If the instrument be interpreted by criticisms of Congressional oversight or statutory au- pointing out man’s subjection to God, and the which lose sight of the intention of the par- thority. Further, except for the fact that execu- subjection of legislators and magistrates to the ties to it, in the fascinating pursuit of objects tive orders are now recorded in the Federal people. of public advantage or convenience, the pur- Register, a requirement instituted by Congress Why does this give the best and greatest se- est motives can be no security against inno- in 1935, no one would ever know what mon- curity to government? Because legislators and vations materially changing the features of strous situation the President had created in the privacy of the Oval Office. magistrates who are aware of their subjection the Government. to God and the governed, the people, will not _To Andrew Stevenson, 25 Mar. 1826 The Executive Function.. make laws or act in a way that would inspire DLC: Madison Papers What Can the President Legally Do? the people to rebel. With the tragedies of the American Revolu- (To Be continued Next Issue) tion still in near memory, the Framers of the 1787 Constitution were determined that the political tyranny from which they had just freed themselves would never, ever, see the DELUXE CLEANERS light of day in America again. With that ob- HISTORY: jective before them, they enumerated the pow- •Dry Cleaning •Shirts • Alterations STUDY IT OR BE ers and duties of the president in plain lan- guage; these are to be found in Article II sec- DOOMED TO •Drapes •Leather & Suede Cleaning tions 2 and 3. It is a short read, thereby a REPEAT IT! short list; thus, a President carrying out his 4 Water St. Rt. 27 (603) 679-5220 constitutional role wouldn’t get to do very Epping, NH 03042 Mr. Lee (Continued on page 6-The Public Liberty) Page 6 Original Intent

Continued from page 5-The Public Liberty) sans any constitutional or statutory authority, Kingly Government much at all. Constitutionally speaking, he has only to turnaround after the fact and ask Con- Theodore Roosevelt set a bad example for but six main areas of jurisdiction; namely, he gress to ratify its terms, which Congress did. others to follow: “From this point on, each is: Chief of State, Commander in Chief of the The incident in question was Washington’s President looked upon executive orders as a military forces, Chief Executive Officer of the April 22, 1793 Proclamation of Neutrality. tool to demonstrate the power of the President Executive Branch, and America’s face to the Therein he urged all Americans to remain to take ‘independent action.’” 11 President rest of the world as our Chief Diplomat. As neutral with respect to the hostilities that had William Howard Taft, Roosevelt’s vice presi- noted earlier, he wears the hat of Chief Archi- broken out between the Republic of France dent, successor and later Chief Justice of the tect for legislation for the Congress to con- and Great Britain: “…whosoever of the citi- Supreme Court learned well from TR; he sider; and, he is the conscience of the nation zens of the United States shall render himself alone issued 698 executive orders in just one with respect to the Executive pardoning liable to punishment or forfeiture under the four year term. power. In association with these areas of ju- law of nations, by committing, aiding or abet- Following Taft, came Woodrow Wilson risdiction, the President is charged with ting hostilities against any of the said pow- wielding another 1,791 executive orders. Wil- roughly eleven main duties: ers…will not receive the protection of the son also holds the distinction of being the 1. He may require the written opinions of the United States against such punishment and first president to implement the “national heads of the major departments that fall within forfeiture; and…I have given instructions…to emergency” as well a tool for wielding presi- the Executive Branch; cause prosecutions to be instituted against all dential power; he was also the first to establish 2. He may grant reprieves and pardons, con- persons, who shall,…violate the law of na- federal agencies by executive order. His ac- ditionally or otherwise; tions, with respect to the powers at war, or any tions went so far in the direction of absolute 9 3. He may makes treaties, but only with the of them.” And with that, the proverbial skids tyranny that one Senate Investigative commit- advice and consent of the Senate; had been greased. tee characterized his administration as one 4. He may nominate and appoint Ambassa- All the same, the Constitution and the pub- “marked by the acquisition and exercise of lic liberty continued on safe ground up dictatorial powers.” 12 dors, judges to the Supreme Court and other th public ministers, again with the advice and through the first half of the 19 century. Al- Next came, Herbert Hoover and Franklin consent of the Senate; though presidential decrees were issued Delano Roosevelt (FDR) marching in lock throughout that time, they were tempered by step. Together they issued 4, 723 presidential 5. He may grant commissions to fill up va- the character of the men fulfilling the presi- executive orders with FDR, as one might ex- cancies during Senate recesses; dential role; and, we must remember that de- pect, authoring 3,723 of them. Throughout 6. He may recommend legislation he judges crees and executive orders are constitutional this so called “strong president” era property necessary and expedient; when their reach extends no farther than the rights were trampled upon left and right; one 7. He shall from time to time give Congress president’s cabinet and their respective depart- of the most sweeping incursions of which was information on the state of the Union; ments or when there is constitutional or statu- Truman’s 1952 seizure of the steel mills. This 8. He may convene, on extraordinary occa- tory authority permitting their use. action was later ruled unconstitutional by the sions, one or both Houses and adjourn them to Nonetheless, the calm prevailed until the United States Supreme Court: “The Founders a time he considers proper; arrival of Lincoln who, in less than two of this Nation entrusted the law-making power 9. He may receive Ambassadors and other months of taking office, single-handedly or- to the Congress alone in both good and bad public ministers; dered a naval blockade of certain seaports be- times. It would do no good to recall the his- 10. He is to oversee that the laws are faith- longing to the Confederate states. A definite torical events, the fears of power and the fully executed; act of war, Lincoln never bothered to recon- hopes for freedom that lay behind their choice. 11. He shall commission all the officers of the vene the Congress to seek approval for this Such a review would but confirm our holding United States. undertaking, which the Constitution requires that this seizure order cannot stand.” 13 An Elective King!!! him to do. But perhaps there was no executive order so Yet, over the last century or so the Presi- Picking up where Lincoln left off came endangering to the public liberty as Bill Clin- dency has taken on a life of its own, one akin Theodore Roosevelt (a.k.a. ‘TR’) to kick off ton’s EO13083. Therein, he shamelessly at- to that of a King. As a matter of fact, the the 20th century “progressive style.” During tempts to redefine the meaning of American presidency has become exactly his two terms as president, 1901 to 1909, TR “federalism,” a term that describes the rela- what the “Anti-Federalists” feared, the office issued 1006 executive orders in glaring con- tionship between the States and the Federal of “an elective king.” 6 According to the late trast to the total number of 143 presidential government, as it was understood at the Dr. W. Cleon Skousen: “The Founders would edicts issued by all previous twenty-four ad- founding. Had EO13083 survived, the myriad be amazed to learn that under the influence of ministrations. By and large, it was TR’s abuse of federal agencies now comprising the execu- a European centralist philosophy known as of the presidential decree that accounts for the tive branch, atop of which the president sits democratic socialism, the President has been fact that most Americans have come to be- like a king over his kingdom, would have burdened with a host of other responsibilities lieve, dangerously so, that the President, rather been empowered “to solve ‘national’ and never dreamed of by the Founders.” 7 Like- than they as rightful owners, runs the country. ‘multistate’ problems from a list of nine broad wise, one can only imagine their alarm to see You can see this for yourself in the way presi- ‘circumstances’ purporting to justify such ac- the vast number of federal agencies that now dential candidates now campaign: “Here’s tions.”14 In essence, it would have meant exist under the executive branch as well as to what I will do for you if elected.” “lights out” for what currently remains of the learn that these agencies are authorized under But, TR vehemently denied having upset the Tenth Amendment. the color of law to reach across state, county nation’s constitutional balance of powers: “I The bold, unconstitutional actions taken by and local government boundaries to meddle in decline to adopt the view that what was the likes of Lincoln, the Roosevelts, TR and the private lives of American citizens. imperatively necessary for the nation could FDR, Truman, and Clinton, as American Jefferson warned that executive tyranny not be done by the President unless he could presidents, are examples of ambitious men could one day become a reality: “The execu- find some specific authorization to do it. My imposing “ruler’s law” upon the people. Suf- tive in our governments is not the sole, it is belief was that it was not only his right but his fice it to say their actions form the antithesis scarcely the principal, object of my jealousy. duty to do anything that the needs of the na- to the Framers’ model of safe government. The tyranny of the legislatures is the most for- tion demanded unless such an action was for- Hence, it is expedient to recall here that the midable dread at present and will be for many bidden by the Constitution or by Law. Under driving force behind the American colonies years. That of the executive will come in its this interpretation of Executive power I did call for independence was self-government, to turn, but it will be at a remote period.” 8 and caused to be done more things not previ- live under a system of people’s law, where A Shattering of the Constitutional Chains ously done by the President and the heads of the people are governed by only those laws of President Washington was the first to cross the Departments. I did not usurp powers but I which they themselves approve: “The first the line; surprisingly so, given his expressed did greatly broaden the use of Executive grand right is that of the people having a share 10 love for the Constitution. Likewise, he was the power.” in their own government by their representa- first president to issue a presidential decree, tives chosen by themselves, and… of being Volume 6—Issue 3 Page 7

(Continued from Page 6 - The Public Liberty 1. Rediscovering the Ideal of Liberty, the Foundations of The Founding Fathers On The America’s Greatness; Edited by W. David Stedman & ruled by laws which they themselves ap- LaVaughn G. Lewis, pg 26 Need for a Militia prove… This is a bulwark surrounding and 2. James Madison, National Gazette essay, 4 Feb. 1792; defining their property, which by their… la- PJM 14:217; James Madison’s Advice to My Country, “Always remembering, that an Armed and pg 98 bours they have acquired, so that no portions 3. Article 1.1 Constitution for the United States of Amer- trained militia is the firmest bulwark of of it can be legally taken away from them but ica; emphasis added Republics; that without standing Armies their 15 4. Article II § 3 Constitution for the United States of liberty can never be in danger; nor with large with their full and free consent.” America; emphasis added It is to this standard that all 4,400 carefully 5. Ibid ones, safe.” chosen words of the Constitution were written 6. An Old Whig, Fall 1787, Storing 3.3.31; Founders Con- _President James Madison stitution, pg 500 First Inaugural Address, 4 Mar. 1809 and later ratified by the people of the States; it 7. Making of America Study Guide; W. Cleon Skousen, pg is to this principle that James Madison, chief 90 “I think the truth must now be obvious that architect of the new government, declared: 8. Jefferson to James Madison, Ford 5:83 (1789) as quoted in the Real Thomas Jefferson, pg 424, emphasis added our people are too happy at home to enter into “Every word of [the Constitution] decides a 9. George Washington, A Collection, Edited by William B. regular service, and that we cannot be question between power and liberty!” Allen, pg 565 defended but by making every citizen a What Now? 10. As reported in the Making of America, W. Cleon Skousen, pg 253, Federal Bar Journal 113 soldier, as the Greeks and Romans who had no Can executive tyranny be stopped? Jefferson 11. Ibid, emphasis added standing armies; and that in doing this all must believed the only “true corrective of abuses of 12. Executive Orders and National Emergencies. How Presidents Have Come to “Run the Country” by Usurp- be marshaled [and] classed by their ages, and constitutional power” 16 was a well informed ing Legislative Power, William J. Olson and Alan Woll; every service ascribed to its competent class.” body politic. If the people were properly im- National Policy Review, Cato Organization, pg 15 _Thomas Jefferson (1814) mersed in the knowledge of the American 13. Youngstown Sheet & Tube v. Sawyer, Co., Supreme Court of the United States, 1952, Justice Black Founding and the freedom principles upon 14. Executive Orders and National Emergencies. How “The militia...ought always to be counted which the Constitution rested, they would im- Presidents Have Come to “Run the Country” by Usurp- upon as a valuable and powerful auxiliary.” mediately know when their rights were being ing Legislative Power, William J. Olson and Alan Woll; National Policy Review, Cato Organization, pgs 6-7 _Alexander Hamilton violated. A body politic made vigilant through 15. First Continental Congress, Oct. 26, 1774 Federalist Paper No. 26 knowledge would rise up as necessary to keep 16. Thomas Jefferson, Ford 10:161 (1820) the wolf from the door; they would provide 17. Ibid, Bergh 10:237 (1801); emphasis added “In times of insurrection, or invasion, it 18. Ibid, Bergh 12:360 (1810) the best defense of the public liberty: “ I sin- would be natural and proper that the militia of cerely wish… we could see our government so the neighboring States should be marched into secured as to depend less on the character of another, to resist a common enemy, or to the person in whose hands it is trusted. Bad guard the republic against the violence of men will sometimes get in and with such an The Public Liberty faction or sedition...This mutual succor is, in- immense patronage may make great progress deed, a principal end of our political associa- in corrupting the public mind and principles. Guard with jealous attention the public lib- tion.” _Alexander Hamilton This is a subject with which wisdom and pa- erty. Suspect everyone who approaches that 17 Federalist Paper No. 26 triotism should be occupied.” jewel. Unfortunately, nothing will preserve Jefferson’s prayer was that American educa- it but downright force. Whenever you give “The supreme power in America cannot en- tion, preferably entrusted to private hands, force unjust laws by the sword; because, the could be relied upon to properly prepare each up that force you are ruined. _Patrick Henry whole body of the people are armed and rising generation as the men of the next “...to constitute a force superior to any band of be the sole guardians of [the] principles” the Virginia Ratifying Convention 18 regular troops that can be, on any pretense, founding fathers “delivered over to them.” raised in the United States. But since the Executive Branch controls what They that can give up essential liberty to _Noah Webster American youth are taught, as well as how purchase a little temporary safety deserve they are taught, we should not be surprised to neither liberty nor safety. “The President will have only the occasional find the public liberty in such a shipwrecked command of such part of the militia of the state. _Benjamin Franklin 1759 nation as by the legislative provision may be _Dianne Gilbert, Chairman called into the actual service of the Union...It Do you need to be reconnected to the roots of the American Republic? would amount to nothing more than the The New Hampshire Center for Constitutional Studies offers public and None but an armed nation can dispense with private seminars on the American Founding, and Constitutional Govern- a standing army. supreme command direction of the military ment. We provide an article by article, section by section, and clause by _Thomas Jefferson 1803 and naval forces, as first general and admiral clause walkthrough of the American Constitution. Call us or visit our of the Confederacy.” website: www.nhccs.org to inquire about the next scheduled class or to _Alexander Hamilton, Federalist Paper #69 schedule one for your group or organization.

EPPING “[I] Hamilton STORAGE hope the PLACE maxim would never be adopted here Feeding America for Three Generations ROUTE 125 By Conducting Business The Right Way. EPPING, NH 03042 that the “I ask, who are the militia? They consist now of the whole chief magistrate people, except a few public officers.” Securely Located could do no _ George Mason—Author VA Declaration of Rights Across from the Epping Tom Kaczynski Sr. Pres wrong.” State Police Barracks Tom Kaczynski Jr. V.P. _Elbridge Gerry, Sarah Elizabeth —”Treasure” Delegate from 112 Whitehall Road Office: Home: Massachusetts Rochester, NH 03868-5713 603-679-8000 603-679-8633 Telephone: 603-332-7310 Page 8 Original Intent

An Expose on the Proper Interpretation of the New Hampshire Constitution How’s Your Constitutional IQ ? By the Hon. Dan Itse 1. Can congress appropriate money to be Editor’s Note: This is the second installment in a they come to men naturally. These are also multi-part series on the proper interpretation of known as negative rights. Those upon expended over a period of ten years on an the NH Constitution Part-One—The Bill of Rights which the government can not infringe. advanced laser weapon for the military? Positive rights or civil rights are those cre- 2. When a President takes his oath of office ated by government, they are also known as he commits himself to do two things. The first article on the Constitution of the privileges of society. Another common dis- What are they? State of New Hampshire presented Articles 1, tinction is financial. Generally, it costs noth- 3. The income tax was initially viewed as a 7 and 38 to demonstrate that the Constitution ing for government to not infringe upon your tax on the wealthy. What single factor, of the State of New Hampshire declared that natural right, but privileges of society always more than any other, shifted it to a tax on the people of New Hampshire are the sover- cost something and can bankrupt a society. the general citizenry? eigns of sovereign state. As such they have It embodies the evangelical principle of God the duty to understand and enforce their con- before government. 4. Can the government discriminate in deter- stitution. Also included as part of the first in- mining who will be allowed to migrate to stallment were Articles 2 and 3. Article 5. [Religious the United states and who will not? 5. The Founders made the passing of laws In this second article we present Articles 4 and Freedom Recognized.] slow and complicated. There were sev- 5. In combination with Articles 2 and 3, these Every individual has a natural and unal- eral major reasons for taking this posi- articles present the idea of natural rights, that ienable right to worship God according to tion. Can you name just one?

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In the right of religious freedom, we see a conscience and codifies the right to practice ) right of conscience which is not absolute. any religion as long as it does not interfere Your right to practice religion exists only so with the rights of others. Therefore, you can long as it is peaceable. Your practice of relig- not worship in any way that jeopardizes the George Washington : ion can not infringe on another’s right to prac- safety of another. America’s Need for a Militia tice their religion. An example of this is the It is extremely important that the founders recent law prohibiting the disruption of funer- codified Article 5, the original form of Arti- There can be little doubt but [that] Congress als. cle 6 requiring teachers in the public schools will recommend a proper peace establishment to be protestant, Article 11 the qualifications for the United States. In which a due attention Article 4. [Rights of to vote, and the religious qualification of will be paid to the importance of placing the Conscience Unalienable.] protestant faith in Part 2 for Governor, Sena- militia of the Union upon a regular and re- tor, Executive Councilor and Representative spectable footing. If this should be the case, I Among the natural rights, some are, in at the same time, and therefore, according to would beg leave to urge the great advantage of Article 37 there is no conflict between these it in the strongest terms. The militia of this their very nature unalienable, because country must be considered as the palladium no equivalent can be given or received Articles. They saw no conflict between free- dom of worship and religious qualification of our security and the first effectual resort in for them. Of this kind are the Rights of for certain governmental activities and of- case of hostility. It is essential, therefore, that Conscience. June 2, l784 fices. It proves that they believed that the the same system should pervade the whole; states have the right to establish a religion if that the formation and discipline of the militia This article puts rights of conscience above all of the continent should be absolutely uniform, other rights because there is no protection they choose, and that, that right continued and the same species of arms, accoutrements, which can be traded. This ties directly back to beyond the creation of the United States of America. It is also important to realize that and military apparatus should be introduced in Article 3. Many rights of conscience are enu- every part of the United States— merated in separate Articles; therefore, this in the original Constitution of New Hamp- shire religious protection in Article 6 was _Circular to the States, Fitzpatrick 26:494 (1783) would refer to unenumerated rights. An ex- only extended to Christian denominations. It ample of such a right would be the right of a The militia...is certainly an object of primary embodies the evangelical principle of per- pharmacist to not dispense abortifacients. importance, whether viewed in reference to sonal relationship with God. What is more important is what is said about the national security, to the satisfaction of the natural right. Natural rights are those which _Hon. Dan Itse community, or to the preservation of order. would exist without this or any government, _To the Senate and the House of Representatives Fitzpatrick 31:402 (1791

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