What Has Happened to States’ Rights?

Republican John Bingham of Ohio, who introduced the 14th Amendment, said: “I repel the suggestion…that the Amendment will…take away from any State any right that belongs to it.”

Yet after the Amendment was ratified, activist Federal Judges have done just that, whittling down the rights which were once the domain of the States themselves.  Thomas Jefferson forewarned Charles Hammond of this probablilty in a letter in 1821:

“The germ of dissolution of our…government is in…the federal judiciary…working like gravity by night and by day, gaining a little today and a little tomorrow…until all shall be usurped from the States.”

The 14th Amendment soon became a door by which Federal Courts took responsibility for other rights, such as education, illegal immigration, and eventually even religion, away from States’ jurisdiction. read more

A Few Random Thoughts From the Founding Fathers

“Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” -Benjamin Franklin   “I believe He (God) is pleased and delights in the Happiness of those he has created; and since without Virtue Man can have no Happiness in this world, I firmly believe he delights to see me Virtuous because He is pleased when he sees me Happy.” -Benjamin Franklin (capitalization as he wrote it.)  

“Of all the dispositions and  habits which lead to political prosperity, religion and morality are indispensible supports. . . . (R)eason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle. -George Washington read more

Jefferson Had “The Wolf by the Ears”

I over heard a comment the other day by someone denigrating the Founding Fathers as just being a bunch of rich, white slaveowners. As I reflected on this unsympathetic comment, I was struck by how misunderstood Thomas Jefferson and his stand on slavery is by the current generation.

In our current politically correct environment, I believe it’s difficult for any of us Americans, hyphenated or not, to understand Jefferson’s predicament.

Jefferson’s feelings regarding slavery are well documented, if misunderstood. Included in his first draft of The Declaration of Independence is a strong chastisement against King George III for bringing slavery to the colonies. Jefferson blamed slavery on the King of England. read more

WHO WOULD ARGUE WITH GEORGE WASHINGTON?

George Washington’s self made will had some wonderful features. I’m thinking of re-popularizing at least one of them. You see, he had a well constructed clause to direct the settlement of disputes in the event there should be any.

As an estate planning attorney, I have long been a proponent of using revocable living trusts in the process. They avoid probate, make the settlement go smoothly, and cost less money in the long run. And they generally avoid conflicts in settling an estate.

A living trust is a written document to perform the same functions as a Last Will and Testament. But it does so without probate, if properly written and funded. Thus keeping the estate out of Court. So in order to dispute the trust, a new lawsuit must be filed. This was often considered unworkable. read more

Liberty or Not — That is the Question

When any attention is paid to our nation’s founding documents, much attention is paid to the Preamble of the U.S. Constitution, especially to the phrase “promote the general Welfare.” It seems to me that too little attention is paid to the words immediately following that phrase.  The words “and secure the Blessings of Liberty to ourselves and our Posterity” perhaps currently need much more attention by the citizenry and its representatives.

Are we trying at all to secure the “Blessing of Liberty to ourselves and our Posterity” when we go on unbridled spending sprees? Are we selling our Liberty for a mess of pottage? Are we purchasing our security for a loss of our Liberty, our Liberty and that of our children? read more

A Vow is Only as Good as an Oath

Every public servant, such as a judge, Senator, or Congressman, makes a personal oath when entering into such a position. It is required by the Constitution.

The Presidential Oath is set forth in the Constitution as: “I do solemnly swear 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.”

When being sworn in as our first President, George Washington spontaneously added the words: “so help me God.”  This has becoome a traditional part of the Oath of office. read more

“What is a Wise and Frugal Government, Thomas Jefferson?”

On this tax day, April 15, 2010, I think it is interesting to note what our Third U.S. President said in his inaugural speech, in 1801.

“A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned–this is the sum of good government.”

Then after two years in office, Jefferson spoke of his achievements: “At home, fellow citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes . . . . The remaining revenue, on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts . . . . It may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer ever sees a tax-gatherer of the United States?” read more

John Adams–What is Your Recipe for Preserving the Constitution?

John Adams was the First Vice President of the New United States of America, serving under the Father of Our Country, George Washington. When Washington refused to serve a third term as President, John Adams was elected President. He served only one term.

In his Inaugural Address John Adams shared his vision for America as a “City on a Hill,” to be admired by every Nation of the Earth as a beacon for liberty and freedom. Adams advocated the support of “every rational effort to encourage schools, colleges, universities, academies, and every institution for propagating knowledge, virtue, and religion among all people. [It is] the only means of preserving our Constitition.” read more

Were the Founding Fathers Christian?

Thinking about Easter today, I was contemplating on some of the pictures people have today about the Founding Fathers. Some people hold to the teachings they now receive in school that the Founding Fathers were not Christians. That they were either unbelievers, athiests, or Deists. Such people should read some of their own words. Words of the Founders of this Nation. Here are just a select few.

George Washington was a Christian, attending services as often as he could. He was a vestryman and a Church warden, and supported the Church with generous financial offerings. He often acknowledged the protection by hand of Providence in his life. He was often seen in prayer, especially at Valley Forge. He said: “I was in hopes (that the present age) would at least have reconciled Christians of every denomination (to add to) the peace of society.” read more

Keep For Your Leaders Men of Virtue

James Madison is often called “The Father of the Constitution.” He had some compelling things to say about those we choose as our leaders.

Here is one of my favorite quotes of his:

“The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of society; and . . . to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust.” read more