A Pamphlet from Don Stuart, Preserve Our Nation, LLC
Pamphlet #34 - 11/28/2010

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Our American Republic Constitution

Our uniquely American Republicanism Constitution is the greatest constitutional document ever created, praised by nations around the world for protecting natural freedoms and liberties, written not as a living document changing with every evolution of our culture, changing only through the occasional Amendment protecting us from each other when the majority rules over the minority.

The words of the Constitution did not come easy. Evolving over several centuries originating as far back as Socrates, Plato and Aristotle, democratic ideals begin to appear, but were established in print in Scotland in The Declaration of Arbroath in 1320 (Scotland's Declaration of Independence, celebrated every April 6 as Tartan Day) which stands as an equal to The Magna Carta’s (1215, The Great Charter of English Liberty) expression of democratic idealism of freedom and liberties of religion, property, and justice.

The Scottish Reformation, beginning in 1560, delivered the doctrine of “Popular Sovereignty” which states that government is subject to the will of the people, resulting in the 18th Century’s Scottish Age of Enlightenment First Constitution of Freedoms. This doctrine, flowering under the "Age of Reason," influenced a third of the signers of the American Declaration of Independence who were Scottish or had a Scottish background or Scottish influenced education.

One of the Founders, Thomas Jefferson had a mentor named William Small who received his education in Scotland during the Enlightenment while studying with Isaac Newton, Francis Bacon and Adam Smith. As Jefferson’s teacher at the College of William and Mary, Small influenced Jefferson with these doctrines and philosophies. Small’s voice was a determined vocalization of the problem of taxes imposed by King George of England. Small contributed much to the success of Jefferson and in particular his writing of the Declaration of Independence and later Jefferson’s contributions to the Constitution.

The American Republicanism Constitution lists the duties, tasks and responsibilities that the Federal Government can perform, defining how the government is to be set up and to function, specifying the limitations and Separation of Power, limiting changes to the Constitution via the amendment process. The Constitution in Article 1, Section 8 specifies eighteen (18) enumerated laws limiting the reach of government with over half of these pertaining to National Defense. These are the limitations of our Federal Government.

Amendments were written for the Constitutional protection of individual citizens and to establish the Sovereignty of the States. The Founders provided a means in the Constitution to make changes to ensure the continued protection of the freedoms, liberties and ownership of property to “We the People of the United States of America.” In 1791, the Founders established the first Ten Amendments as the “Bill of Rights” to ensure these individual freedoms, liberties and right to own property. Thereafter more Amendments have been added to further these individual protections.

Life, Liberty and Property Rights are now the law of the land (Due Process) and reserved for "We the People."

Some Amendments have strayed from the obligation of protecting the individual to benefiting the majority, moving forward the Progressives' and Liberals' agenda of reversing the individual protections provided in the Constitution's Amendments.

From the table below, review all the Amendments beginning with the Founder’s Bill of Rights notating who benefits from the Amendment’s protections: Individuals, States or the Progressives.

Number Amendment Description Benefits Individuals Benefits Sovereign States Benefits Progressives Liberals or Government

1 Freedom of Religion, Speech, and the Press;
Rights to Assemble and Petition
2 Right to Bear Arms Yes
3 Quartering of Troop in Homes Yes
4 Search and Seizures Yes
5 Takings Clause, Rights in Criminal Cases,
Due Process Clause (Life, Liberty and Property)
6 Right to Fair Trial Yes
7 Rights in Civil Cases
Due Process Clause (Life, Liberty and Property)
8 Cruel and Unusual Punishment Yes
9 Right Retained by the People Yes
10 Powers retained by the States and People Yes Yes
11 Lawsuits against States Yes Yes
12 Election of President and Vice President Yes
13 Abolition of Slavery and Involuntary Servitude Yes
14 Citizenship, State Actions,
Due Process Clause(Life, Liberty and Property),
Equal Protection
15 Suffrage - Race Yes
16 Income Taxes
Reversed Article 1, Section 9, Clause 4 of Constitution
17 Popular Election of Senators
(Reversed Republic Ideal)
18 Prohibition of Liquor * Yes
19 Women Suffrage Yes
20 Terms of the President and Congress Yes
21 Repeal of Prohibition Yes *
22 Limitation of President to Two Terms Yes
23 Suffrage in District of Columbia Yes
24 Poll Taxes Yes
25 Presidential Disability and Succession Yes
26 Suffrage for Eighteen-Year-Olds Yes
27 Congressional Salaries Yes

As can be seen above, only two Amendments have been passed and not repealed that are for the benefit of the Government. All others are for the protection of the "We the People" or States Sovereignty reflecting both the Federalist and Anti-Federalist Founders intentions. Thomas Jefferson being both a Federalist and Anti-Federalist advocate saw the advantages and disadvantages of both sides. He saw that local government was the foundation of Constitutional Republicanism.

American Republicanism is defined by indirect elections and Separation of Powers between the Executive, the Legislative and Judicial branches of government. The Executive branch is indirectly elected within each State via the electoral college while the Judicial branch is appointed by the Executive. The Legislative is divided into two houses, the Upper House and the Lower House: Senate and House of Representatives.

Per the Constitution, Senators were to be elected every six years by each states' legislature thus resulting in an indirect election. The House of Representatives would be elected directly by the people of each state providing the democratic structure of representing the will of the people. To insure that the will of the people is refreshed periodically, the Representatives are elected every two years.

American Republicanism as defined by James Madison was to achieve two objectives: the first, to protect factionist pursuits between the branches of government and the second, to have separation of powers between the branches of government while maintaining a limited sharing of powers. Madison wrote in the Federalist papers that competing interests between the branches (faction) results in a better government. Faction in the constitutional system enlists endless conflict into the operation of government helping to control abuses of government by creating competition inside each branch and between each branch.

Madison also believed that the sharing of powers protected each branch from overruling another branch. This is evident in many ways; The Senate confirmation of Judicial nominations by the Executive branch, the Executive veto over the Legislative branch, Senate court of impeachment, Senate advice and consent of treaties and many more. In other words, faction; each branch checks the other while working together.

The 17th Amendment changed the separation and balance between the Senate and House of Representatives. The Senate needs to be independent of the People in order to hold the House at bay. Being elected by the People now makes the Senate an equal to the House by trying to satisfy the whims of the people. Senators need to be a small group of elder statesmen selected by their peers representing the State and States' interest.

It is the 16th and 17th Amendments which were pushed through by the efforts of the Progressives in their quest to convert our nation to Socialist or Marxist form of collective rights (majority rule) versus individual rights. It is thus required that the 16th and 17th Amendments should be repealed, returning the freedoms of life, liberty, and property rights back to the individuals and State's Sovereignty back to the States.

The 16th Amendment reversed Article 1, Section 9, Clause 4 of the Constitution prohibiting the taking of one's property via a Direct Tax. It removed protection of the individual to not be separated by class nor have their property taken by class warfare.

The question arises as to why the 16th Amendment benefits the Liberals and Progressives. The reason is that taxing of personal property (Direct Tax) is the means for redistribution, that is the taking of one's personal property and giving to another person. Socialism and Marxism are based on the allocation of wealth among the masses in the form of social justice for the collective. The Constitution was constructed with the idea of property protection that individual property could not be taken. An Amendment was required to justify this taking of property.

The election of the Senate by the individuals enabled the Progressives and Liberals to influence the masses in order to control the Senate. Removing the election of Senators from the States was a primary step in moving to Socialism and Marxism. Social Justice requires that the individuals, not states, to be able to vote for the majority to rule over the minority by taking of their freedoms and liberties.

The three legs of justice, Congress, Executive and Judicial branches, must be balanced with no factions existing between them as the collective voice express only one opinion enabling the Progressives and Liberals to reach their objectives. Prohibiting the states from electing Senators and redistribution of wealth by the Government are the primary steps to achieving the Progressive agenda: converting America to a Socialist-style Nation.

The “Line in the Sand” must be drawn here. Help STOP the Progressives' and Liberals' agenda. Repeal the 17th Amendment to reintroduce faction back into the Senate and House of Representatives. Repeal the 16th Amendment to restore the right to own one's property.

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