The Federal Government is the Real Threat
by KERRY L. MORGAN
A Congress of States
Given all that has been said so far about Freedom, this seventh Essay in a series of Essays on a Congress of States discusses the timing and purpose of a Congress of States itself. In the first Essay “What Can We Do Now that Our Freedom is Taken?” we introduced the idea that the federal government has taken our freedom and remains the greatest threat to its recovery. Also discussed was the need to rely on law rather than violence in addressing this threat. A Congress of States was proposed as a means to reduce the federal government’s power so that it would be explicitly barred from crushing our unalienable rights. Also considered was the idea that it may be desirable or necessary to simply abolish the federal government in order to preserve the American People and the nation.
Attention was then turned to the foundations of recovery in “What Foundation will Support Recovery of our Freedom?” We considered that there are very few who can be counted on to lead the recovery of freedom who are concentrated in any one party, place or institution, and that there are many who will oppose a Congress of States. We saw that the principles of Declaration of Independence and its reliance on the laws of nature and of nature’s God are the best foundation to support the recovery of our freedoms and God-given unalienable rights. We noted that the right to alter or abolish any civil government was a critical unalienable right.
In the third Essay “God is no Caesar, Caesar is no God,” we discussed God and civil government more abstractly. It was concluded that God empowers a People to establish their own form of civil government by their free consent. We uncovered false assumptions about God and civil government. We discussed the federal governments current lawlessness in broad strokes and concluded by alluding to the insanity and irrationality of our present federal regime. Indeed, God is much more reasonable than our government when it comes to the exercise of power and the security of rights. He believes in self government, volition and even love of one’s neighbor. In this respect God is no Caesar. The untethered state believes in control, force and violence. In this respect Caesar is no god.
Then in the fourth essay, “Every Evil Under the Sun,” we undertook a deeper examination of Congress and its failure to resist theft of our wealth. We discussed how office seekers manipulate us to get our vote by appealing to our own human vices. Chief among these vices are coveting, theft and the idol of political party. Each election calls upon us to present our offerings to our party. We offer our vote. Our elected officials offer us our neighbor’s money. Elections tempt us to covet our neighbor’s property through governmental programs and elections. We saw how political parties have become idols which we choose based on their promises to steal from our neighbors and make war upon our foreign neighbors. We were challenged to set these common evils aside and voluntarily choose freedom, yet recognizing that fighting the evil within each of us is harder than resisting the federal government itself. The real battle to recover freedoms must start within our self. A Congress of States cannot solve the problem of human vice, but it must be aware that appeals to our weakness keep us from moving toward freedom.
The fifth Essay was titled “Incomplete Remedies: Voting, Secession, Nullification and Armed Revolution.” We examined alternatives to abolition of the federal government which a Congress of States may consider. We examined the absurd claim that more political party participation will elect better persons that will solve the problem. We also examined secession and Nullification and considered some of the problems in their implementation and effect, even if successful. These may be good short terms remedies but they are not good long terms solutions. We also noted that the correct and primary emphasis must be on the unalienable rights of the people and not on the reserved powers of the States. Finally, we noted that armed revolution against the United States was undesirable as the abolition of the federal government can be better accomplished by law.
The sixth Essay asked a more practical question: What Unalienable Rights Did God Give to Every Human Being? We discussed the idea that a Congress of States must identify our unalienable rights. A Congress of States must clearly articulate those rights which are unalienable. Many such rights were identified from the text of the Declaration of Independence and the Constitution. Still others were identified that need to be protected from the federal and state governments. Other remain yet to be identified and discussed. A Congress of States must identify the numerous ways in which those rights are impaired, regulated, encumbered or prohibited. It must identify the responsible federal agency or branch. It must decide if that agency or branch can be Constitutionally restrained in order to secure the right, of we would be better off if the States abolished the agency, branch or federal government itself in order that the right is truly secured. This is the challenge of a Congress of States to which we now turn.
If we cherish the rule of law, that is to say, the laws of nature and of nature’s God, there is something we can do. There is something the States can do. If we cherish the law recognized in the Declaration of Independence, we must be willing to actually acknowledge it and act as if it is real and applies today to our situation. We must also throw off our favorite political party and it’s charlatan leaders yes, the party you voted for your whole life and keep sending money to because “the other party is evil” and had to be defeated or else life as we know it would end (among other lies you were told and want to still believe). We must throw off this nonsense because it fixes our mind on the other party, and not on the federal government itself. The party system is a problem, but it is not the fatal threat. Voting straight party comrade, is simply being the useful idiot of the federal behemoth.
Do you believe that the government of the United States is the single largest threat to our God-given unalienable rights? How about terrorists and foreign powers? Well it must be the Democrats then, they are destroying this country. Or the Republicans, they are killing us with lies, right? Well of course that is what is happening. The Democrats are spending us into oblivion too. They are destroying the dollar and our future. They are propping up the Federal Reserve and affirming its power to steal through inflation. Some understand this with perfect clarity. Where would we be without them?42 We would all be economically blind. But we are too busy to care about economics when baseball, hockey, football and basketball scores are thrown at us daily. Republicans too are destroying this country with lies lies about terrorism and about the war on terrorism and about the war on drugs and about the war on just about anything else they don’t like. But at the end of the day both Democrats and Republicans ever enlarge the power and reach of the federal government. Can you see that?
The United States government is the largest threat to our rights because it no longer recognizes the limitations imposed upon it by the law of the land the Constitution. It no longer acknowledges the rule of law invoked in the Declaration of Independence. We must fix our minds on the legal ground, upon which our States and federal government are founded. If we cherish this law, then there is something we can do and we can do it through our current State governments. If we refuse this law, then go back to your party and drink up more partisan kool-aid. Keep it churning over and over, election after election until one day you figure out you only have one or two more elections left before you are dead and you have spent your days in vain pursuits and no longer have the physical stamina to keep up with your federally regulated and controlled life.
Yes, it is the State governments which are now beginning to awaken from their feudal federal stupor a stupor which has kept them quiet in the face of federal lawlessness. The States are awakening from the political fog which acceptance of federal bribe money must naturally beget money taken from their citizens by federal coercion and redistributed to their neighbor States, to foreign governments for war and regime change. Money taken from them and used to reduce the States themselves to mere administrative units of the United States serfs on the federal estate. The States are beginning to open their eyes and see the evil of giving and taking Congressional bribes, a system in which they have been a willing recipient and by which their silence was bought. But federal bribe money is running out. The treasury is empty. The Federal Reserve is a fraud. The federal government is bankrupt. There is no more hush money to pay that has any value. There is bail out money everywhere, but it has lost its value.
Beginning to feel the omniscient eye of the federal bureaucracy and beginning to distrust the confident smile of their Congressional Representatives and Senators who have led them into the darkness of federal revenue sharing, the States have a power in their hand at this moment. That power is the power to interpose themselves between the federal government and the People.
But wait, are the States really up to this? Weren’t the states the last hold out on slavery, discrimination and Jim Crow? Aren’t the States the enforcers of tax schemes, economic regulation, occupational licensing, zoning, takings, police abuse, government education and environmental fascism to name just a few abuses? It may be argued that the States are just federal wannabes mini-federal enclaves. How can the States do anything here? How can they claim any credibility to be trusted given their history in oppressing unalienable rights?
Well, true enough, the States are all this and more. But the ugly fact of the matter is that the States are still governments nonetheless. Frankly, we are out of choices. We have run out of options. Politics, political activity, reform, deregulation, bipartisanship, periodic elections, Supreme Court appointments, etc., are watchwords of business as usual. All such efforts will result in the same end the power of the federal government will continue to expand and remain unchecked.
Working at the State level at least holds out the promise that change is a possibility and that interposition through a Congress of States, and thereafter, the alteration or abolition of the federal government, need not first come by the domestic sword, or by the inevitable and certain judgment of an all-powerful Creator who disposes of nations as he sees fit at a time of His choosing. Sure, God can destroy any nation he wants. When He comes to judge all nations and place them under his feet, there will be little flag waving. That day will certainly come, but He need not wait to the end in order to judge a lawless nation in the here and now.
God has an opinion on nations at any time in history, not just after we are all dead.
If at any time I announce that a nation or kingdom is to be uprooted, torn down and destroyed, and if that nation I warned repents of its evil, then I will relent and not inflict on it the disaster I had planned. And if at another time I announce that a nation or kingdom is to be built up and planted, and if it does evil in my sight and does not obey me, then I will reconsider the good I had intended to do for it. Jeremiah 18:1-10.
The States can’t repent of evil, but they can repeal laws that impair unalienable rights. They can meet in a Congress of States to chart out how the federal government has impaired our unalienable rights. But they must meet together outside of the control of the federal Congress. They must meet together in a Congress of States, at a time and place of their own choosing, of rules governing their own assembly, and of their own chosen representatives. They did so in 1774 and concerned themselves with how to make amends to the King of England and their English neighbors. They did so again in 1775 in a second Continental Congress, but this time they concerned themselves with the defense of their lives against English tyrants and the military occupation of their towns and homes. That pattern remains today. The federal government deserves a Congress of States to warn it, and if necessary, another to recommend its abolition to the State legislatures. That is the challenge of a Congress of States for this generation.
Now is the time for a Congress of States. Not a “congress” of self-declared and self appointed patriots meeting together without sanction or authority of a State. It may come to that. But now is not that time. It is time for a Congress of States to come together for the purpose which the Declaration of Independence holds out as the right of every man a right exercised in connection with the federal government, by and through the States. That right is the God-given right to alter or to abolish any form of Government including those that destroy the ability of the people to preserve their unalienable God-given rights.
We have said above that each State has such a power in their hands at this very moment. That power is the power to interpose itself between the federal government and the People. How is this done? It is done by saying to the federal government:
The Declaration of Independence recognizes that all persons are provided pre-existing God-given unalienable rights. No government, either State or federal may declare that gift void. This State will not stand by and watch the unalienable rights of its People be degraded or eliminated by the federal government. This State will secure to the People their rights in its own State Constitution. This State will block federal aggression against such rights in this State.
This State also affirms a power in its legislative hand to interpose itself between the federal government and itself, and to reacquire from the United States those powers reserved to the States and to the People under the Tenth Amendment. This State will participate in a Congress of States and receive for public comment and legislative action a bill of particulars concerning federal impairment of those rights and of this State’s reserved power. This State will then decide a proper course of conduct in either altering or abolishing the federal government.
This is the charge. This is what gets the ball rolling. These are the follow up marching orders for a Congress of States: 1) Identify the God-given unalienable rights of the People; 2) Identify and/or embed them in the States’ laws or Constitutions; 3) Defend them from federal degradation, bureaucratic regulation, judicial mal-construction, Presidential modification, and Congressional erosion; 4) Identify the powers reserved to the States and the People which the United States has usurped; and 5) report back to the State legislature with recommendations for action.
Our authority is strong. The laws of nature and of nations are the foundation. The Declaration of Independence is a lamp for our collective feet.43 It is the charge of a Congress of States to determine how far our national government has become destructive of the unalienable rights of the People, rights which it was actually instituted to secure. The Congress of States should enumerate the lawless acts of the United States government, of its Congress, of its President and of its Supreme Court which have harmed these unalienable rights. It should also enumerate those powers usurped by the United States– powers properly reserved to the States and to the People as affirmed in the Tenth Amendment. It should also do the same in connection with those powers the States have usurped from the People and the rights which state governments are impairing.
The Congress of States is not a revolutionary body or assembly. It will consider the lawless and unconstitutional deeds of Congress, the President and federal judiciary and of the States. It will enumerate these usurpations as they affect our unalienable rights and write them down in a public document. We have attempted to articulate some of those unalienable rights in the laws of nature and laws of God, the Declaration of Independence, the Constitution and still others that need articulation and expression. We have explored rights pertaining to property and income, rights pertaining to trade, rights pertaining to the use of property, freedom from federal theft and coveting, freedom from economic regulations, occupational licensing, and freedom to immigrate and emigrate at will, the redistribution of our wealth, the war on drugs, tobacco and civil liberties, freedom of association and travel, the right to own and use guns and weapons, parent controlled education, foreign policy, fiat money, militarism and global empire. There are others also that need to be identified and which need to be understood as to how they are either secured or destroyed by federal law or policy.
The Congress of States will meet, draft and produce this bill of particulars in much the same way as earlier Continental Congresses did. When they meet, the fruit of their discussion ultimately should lead to a bill of grievances. This bill will go back to the State legislatures. After deliberation, they will present it to the national government with this message:
The States on behalf of the People place the Federal government on notice: your authority is being further restricted. Either respect these God-given rights and reserved powers of the States or be abolished by law.
Once this bill of particulars is known and presented, the only question remaining will be this: Will the United States regard the olive branch of the Congress of States? Will it secure these rights by either leaving the People alone and by retaining only those few limited and Constitutionally defined powers? Or will the United States reject the olive branch of the Congress of States and continue to tighten its lawless and unconstitutional noose around the necks of the American people who desire to be free? If the United States begins to prosecute delegates to the Congress of States under 18 U.S.C. § 2385 et. seq., even though nothing is said here or there advocating the use of force or violence to either alter or abolish the government of the United States, we will have our true answer.44
When the Congress of the States is completed, it will produce a Declaration-like list of grievances. These grievances will not be the petty grievances which mark current modern political and partisan politics. They will not be grievances whining about the lack of federal bribes now being offered. They will be grievances that state how the federal government, Congress, the President and his executive department minions, and the federal Courts offend these principles of law 1) that the unalienable rights of the people are to be secured and protected by civil government, and 2) that the reserved power of the States and People is not to be exercised by the United States.
The goal is that the federal government of the United States is to be handed a fait accompli: “Protect these unalienable rights and refrain from exercising these undelegated powers of your own accord, or be abolished by law.” The Congress of States represents the United States government’s last chance to voluntarily reform itself. The State legislatures may not be so forgiving. They may not offer an olive branch, but rather concentrate on working out the particulars of how our nation can move ahead without its current national government.
Now it is time for the People to tell their States legislatures to move forward with State resolutions calling for a Congress of States according to the purpose and goal stated herein. This task must begin with you. It must begin with you demanding your State legislative representative and senator adopt a resolution calling for a Congress of States. A model State resolution follows below. You are encouraged to copy it, e-mail it or hand it to your State representative for him or her to introduce in his or her respective legislative body at the State level. The resolution addresses more of the particulars and envisions the States working collaboratively toward this common goal without federal oversight, intervention or interference.
We would be naive to assume that the United States through its Federal Bureau of Investigation or other apparatchik (i.e., a full time functionary of the federal government) will resist opening a file on this activity. It has done so against others in the history of this country. It will probably be headed by a member of your faith community committed to law and order. He will think he is doing his duty for America and apple pie. German Christians thought that way too about National Socialism. The names of legislative sponsors as well as the names of those who simply call for liberty, may be noted in a record kept in the bowels of the federal police state bureaucracy. If you fear that and as a result do nothing, then a slave you are and will be. For all others, for the free men and women among us, this is the challenge before us. We must begin to treat the United States in the way we began to treat the government of England. It is not our master, and we are not its servant. The men and woman chosen as Congress of States Delegates must understand this. Remember: the British aren’t coming, We are We the People, State by State, armed with the rule of law.
State Rep. _______________ offered the following concurrent resolution:
Concurrent Resolution No. ___ concerning a Congress of States.
A concurrent resolution appointing delegates to a Congress of States, the sole purpose of which is to meet, debate and draft a petition for a redress of grievances sufficient by its terms to caution the United States government to halt its alienation of the God-given rights of the People and to withdraw its usurpation of those powers reserved to the States and the People; or as the case may be to propose abolition of that government in whole or part.
Whereas the law of God in Revelation and Nature are the only basis upon which a civil society ought to be established, and
Whereas, in 1776, American States in convention of the People declared their independence from Great Britain on the basis of that law, and
Whereas, the principles of self-government, equality, unalienable rights and government by consent recognized in the Declaration of Independence are among the immutable principles of that law, and
Whereas, the People of the American States subsequently fashioned State Constitutions to govern themselves pursuant to that law and its several principles, and to secure the unalienable rights of its People, and
Whereas, this State is one of the American States and like its sister States, is and ought to be, subject to that law, and bound by said like principles, and
Whereas, the People of the American States in convention subsequently established a national government, defining its limited and well defined power in a national Constitution, and charged it with the security of the People’s unalienable rights; and
Whereas the limited and defined Article I power of the Congress of said national government, has repeatedly failed and refused to confine its lawmaking within the limits of that narrow power so given, and has trampled down the unalienable rights of the People, and
Whereas the limited and defined Article II power of the President so established has likewise been unlawfully expanded and unconstitutionally exceeded, and has also narrowed and limited the unalienable rights of the People, and
Whereas the limited and defined Article III power of the Supreme Court to certain cases and controversies has been lawlessly expanded into the Legislative sphere, by making rules of general applicability purporting to bind the People under the pretext of its opinions and decisions, and has further unlawfully usurped that power exclusively given unto the Executive, and as a consequence thereof has voided many of the unalienable rights of the People, and
Whereas, that limited Tribunal has further set itself up as the sole authority to declare the meaning of the Constitution, purporting to bind the other branches and States thereto, and has also substituted its mal-constructions of that instrument for the actual document’s text and meaning, and
Whereas this train of abuses and usurpations by the national government against the unalienable rights of the people and reserved powers of the states necessitates a warning, and if that fails, its alteration or abolition, as is the natural right of the People of this State,
Now Therefore, the People of the State of _________________ by and through their representatives in this State assembled (and the Senate concurring), do resolve and declare as follows:
That this body hereby appoints three to five delegates who are residents of this State, no more than one to be of the same political party or presently elected or appointed to any office;
That an appropriation shall be made from the Treasury by subsequent Public Act to cover the reasonable expenses so incurred to attend to the work of a Congress of States;
That said delegates honestly subscribe to the particulars of this resolution, and are capable of articulating and implementing its principles;
That said delegates affirm that the Declaration of Independence guarantees to all persons their preexisting God-given unalienable rights and no government, either state or federal may declare that guarantee void;
That said delegates affirm the principle that a State ought not stand by and watch the unalienable rights of its People be modified, balanced, or rendered insecure by the federal government;
That said delegates affirm the principle that this state ought to secure to the People their God-given rights against federal aggression in this State;
That said delegates affirm that any federal action which deprives, interferes, regulates or controls those rights is contrary to the ends of civil government;
That said delegates shall convene with such other delegates and alternates as selected or chosen by other States or the People thereof, or before August 2016 if possible, to a location in the Republic of Texas, or at a place and time of their collective majority agreement.
That they do publicly meet, debate and draft a petition for a redress of grievances sufficient by its terms to warn the United States to stop its alienation of the God-given rights of the People and to withdraw its usurpation of those powers reserved to the States and the People.
That in so doing, they articulate the unalienable rights of the people, describe the laws, orders or opinions of the United States which trample those rights down, or render them less than perfectly secure, and also enumerate the particular abuses of the national government which contravene the Constitution as written and which render insecure the reserved powers of the States and People.
That said delegates do report back to this body at such time as they deem prudent, the petition so drafted, at which time this body shall consider it, and proceed to decide what warning it may send to the national government concerning its aggression against such rights and powers.
That this state affirms a power in its legislative hand to interpose itself between the federal government and the People and to warn the United States to halt its attack on the unalienable rights of the People; or if that course is deemed unavailing, then to adopt a resolution abolishing the federal government in whole or part as it shall then deem necessary or desirable.
That the Declaration of Independence and the Ninth Amendment guarantees to all persons their preexisting God-given unalienable rights and no government, either state or federal may declare that guarantee void.
That this State affirms a power in its legislative hand to interpose itself between the federal government and itself qua State, and to reacquire from the United States those powers reserved to the States and to the People under the Tenth Amendment.
That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of this States’ Congressional delegation, the Clerk of the several legislatures of these United States; and the Clerk of the Supreme Court of the United States and of this State.
42. http://www.lewrockwell.com/. This site is a repository for anti-state, anti-war and pro-market literature and ideas.
43. The Declaration states in part:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, 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 to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.
44. The law states:
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.