States’ rights rebellion over National Guard
By dipinion on Jan 27, 2010 in Constitution, Military, Obama, Politics, We The People
“Will you step into my parlor?” said the spider to the fly;
“’Tis the prettiest little parlor that ever you did spy.
The way into my parlor is up a winding stair,
And I have many pretty things to show when you are there.”
“O no, no,” said the little fly, “to ask me is in vain,
For who goes up your winding stair can ne’er come down again.”
–The Spider and the Fly
I found an interesting article I’d like to share regarding the Executive Orders that Obama is putting out circumventing the power of Congress to Legislate laws. Instead he is going to nudge us, into doing his will. I think each of us must work with our State Governments and let them know they must start protecting your rights and the states rights, we must stop this administration from what he is doing.

We are on to a fine start but there is alot to do to take our country back. Obama wants to fundamentally transform America. America does not want to be transformed into anything this person wants. This man doesn’t get it, he seems to think he can tell us whatever lies he wants to convince us that he is doing this for our own good. Let me tell you something, everything this man says must be checked. Since we began really looking at what he has been saying since last summer we have found that most of what he says is lies or misinformation. I say lies. Misinformation is ignorance and I find it hard to believe that this man is ignorant, he is much more calculated than that.
Anyway this ties two Executive Orders along with suggestions and others perceptions of what this means, and with the direction this country is going he may try something related very much to this. Because what he wants is power! He is greedy for power and it looks like he will do anything to get more than what the U.S. Constitution allows and the two oaths he took on his swearing in just a year ago.
Read on—->
OBAMA WATCH CENTRAL
States’ rights rebellion over National Guard
Proposed legislation would affirm governors’ control of troop units
Responding to an executive order by President Obama, a new push is under way for states to adopt laws limiting the use of their National Guard units unless there is an invasion, insurrection or other limited circumstance.
As WND reported,Obama’s order establishes a new “Council of Governors” designated to advise on the “synchronization and integration of state and federal military activities in the United States.”
The recent order, posted on the White House website,was accompanied by the explanation that the group is to work “to protect our nation against all types of hazards.” It comes just weeks after the president issue a similarly obscure order vastly expanding INTERPOL’s privileges in the U.S.
The White House said the new council is to include governors and administration officials to review “such matters as involving the National Guard of the various states; homeland defense, civil support; synchronization and integration of state and federal military activities in the United States; and other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.”
However, there was no definition of the group’s authority. Can the council recommend “military activities” and can the governors, who already are in command of their own state guard units, mandate activities outside of their areas of jurisdiction? The White House did not respond to WND questions on the issue. Read more
The Tenth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Obama Asks Governors to Commit Sovereignty Suicide
President Obama issued Executive Order 13528 on January 11, 2010 establishing a Council of Governors ostensibly “to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property.”
If history has taught us anything, it is to beware of “cooperative partnerships” between the federal government and states. They invariably result in an expansion of federal authority and reach at the expense of the states and a diminution of individual rights and freedoms in the name of the general welfare and national security. So-called “cooperative federalism” is a snare and a delusion. Read more here
One direct result of the new Council of Governors will be to provide the federal government more control of state National Guards, allowing the president to synchronize and integrate federal military operations within the United States. The total disregard for the Posse Comitatus Act within this order is one more erosion of restrictions against the use of the military for law enforcement.
More generally, the new Council of Governors establishes a bureaucratic transmission belt for the president to conscript state governors to act as agents of the federal government. Indeed, by establishing this council, appointed by the president and presided over by the Secretary of Defense, President Obama is asking governors to engage in the ultimate act of sovereign suicide in the name of “intergovernmental cooperation and coordination.” This council represents the ultimate in “intergovernmentalism,” a perversion of true federalism.
I have written about the corrosive nature of intergovernmentalism or so-called “cooperative federalism” extensively.
Intergovernmentalism Replaces Federalism
“After World War II, federalism was replaced by ‘intergovernmentalism, an unlovely term for the unlovely transformation of the sovereign states into bureaucratic extensions of the central government. . . It is an interesting exercise to analyze why the U.S. Constitution failed in this, its most important function.
“It is not necessary to come to any definitive conclusion as to why it [federalism] failed to know that is has, in fact, failed. It is sufficient to observe the states’ advanced stage of political decrepitude and legal dilapidation; the relatively low-quality of their elected and appointed officials; their incapacity to defend themselves legally, politically or physically against the national government; their fiscal dependence upon the national government; their reliance upon the national government operationally; their subservience to the national government in every respect; their low regard in the eyes of the public and the lesser affection and attention they receive from the electorate.”
The president’s latest executive order is of a piece with his December 17, 2009 executive directive amending Executive Order 12425 to grant immunity to Interpol agents operating within the United States, paving the way for Interpol to be conscripted by the president as a kind of Swiss Guard.
Taken together, these two executive orders represent another quantum leap in the continued erosion of meaningful constraints on the federal government’s police power, and they constitute a frightening continuation of this president’s expansion of the military-industrial-police state at his command.
Governors should decline the President’s invitation to step into his Council. State officials who enter into these federal labyrinths never come out with their sovereignty in tact.
The Tenth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Nullification: It’s Official.
While speaking to a large crowd of over a thousand people on the campus of Arizona State University last December, Congressman Ron Paul mentioned one thing that might come about as the result of the federal government habitually ignoring the Constitution: Nullification.
About five minutes into the video segment which you’ll find below, he said, “There’s not much attention paid to the Constitution in Washington. There’s not much attention paid to it by our executive branch of government. And we don’t get much protection from our courts. So one thing that might finally happen from this if the people finally feel so frustrated that they can’t get the results out of Washington — They’re going to start thinking about options. They might start thinking about nullification and a few things like that.”
As someone who attended that rally and was doing my best to represent my state’s chapter of The Tenth Amendment Center, I know I cheered very loudly and was very pleased when the rest of the crowd applauded enthusiastically.
For anyone who is unfamiliar with the concept of state nullification, it was the idea expressed by then sitting vice president, Thomas Jefferson, when he authored what came to be called the Kentucky Resolutions of 1798. The resolutions made the case that the federal
The United States Constitution
of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I. Section 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives
Article I Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
- To borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
- To establish Post Offices and post Roads;
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
- To constitute Tribunals inferior to the supreme Court;
- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
- To provide and maintain a Navy;
- To make Rules for the Government and Regulation of the land and naval Forces;
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Article I. Section 9.
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Article I. Section 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Article II Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Article IV Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Article VI
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States
The Declaration of Independence
In Congress July 4, 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.
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. The history of the present King of Great Britain (insert Obama) is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. (AKA Health Bill and Cap & Trade)
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. (AKA Health Bill where Senate stayed in session day and night and voted in middle of night even on Christmas Eve)
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. (everything Obama does is calculated to remain in power and keep majorities of that power, nothing is done for the good of the people it is only done for the good of him)
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. (We have millions here that are now instead of illegal are undocumented… they are still illegal and the laws on the books for many, many years are not followed for another agenda because they will vote Democrat to maintain majorities)
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. (Ft Hood shooter and Christmas Panty Bomber and Gitmo War Criminals)
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. (It appears from the various judges appointed followed his will and did not protect the American people and the laws on the books in regard to many subjects mainly GM and Chrysler Bankruptcy where millions of people lost financial property and money because they were put behind the Government’s interest)
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. (Czars, supposedly as advisors but they were given powers not legislated by law of the Congress and no permission from Congress or the Senate has been legislated as approved. i.e. Pay Czar, not counting the offices that would have been over you in the Health Bill which amounted to 150 new offices, with all the power transferred from the Congress to the Executive Office solely.)
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. (Executive orders there are 2 that are suspicious at this time)
He has affected to render the Military independent of and superior to the Civil power. (Council of Governors and Interpol Executive Orders as well as others relating to Gitmo and removing CIA power to interogate prisoners of war, or military to maintain prisoners of war.)
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: (IMF and World Bank)
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: (Gitmo, Christmas Panty Bomber and Ft Hood prisoners of war from the act of war they committed)
For cutting off our Trade with all parts of the world: (instituting taxes with China and tires)
For imposing Taxes on us without our Consent: (threatening banks with excessively high taxes on bonuses)
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: (Fundamentally transform America)
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. (House Health Bill and possibly Senate Health bill)
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. (WE THE PEOPLE, participated in townhalls, tea parties, airing our grievances on Fox, writing, faxing and calling our Senators and Representatives with our grievences and were ignored or told to get out of the way so they can clean up the mess or to sit down and shut up)
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here.We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The Preamble to The Bill of Rights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
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