Get Involved! | Feb2010

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Obamacare:

Is it Constitutional? Page 18

Clear the Bench: No more Mullarkey Page 9

Know Your Constitution Come to a Tea Party

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Candidate Debate

March 9, 2010 Details Inside

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Candidate Debate 2010 You are invited to a Candidate Forum hosted by the People, for the People.

This forum offers an opportunity for concerned citizens to evaluate the candidates aside from a political party. It is meant to encourage people to educate themselves and others. To offer their support by means of telling friends or volunteering, to donate directly to your campaigns. The involvement is up to you with no endorsement from us, just the tools needed to get involved. All of the Colorado Senate and Governor’s Candidates are invited. It is our Constitutional responsibility to ensure responsible leaders are elected to govern the USA. Let’s honor it. Come and let your voice be heard!

Tuesday, March 9th, 2010 at 6pm Mr. Biggs Family Event Center

Brought to you by: The

5825 Mark Dabling Blvd, Colorado Springs, Co 80919

Space is limited. Purchase your tickets today! Tickets are $5.00 in advance and $8.00 at the door. Available at: KVOR Corporate Offices, the British Home Shoppe and Mr. Biggs

Emcee: Mike Holler, author of The Constitution Made Easy

Constitutio nalist Toda y Americans for Prosper ity Coalition fo r a Conser vative Majo rity The 9-12, P ikes Peak P atriots The Colora do Tea Par ty

For questions please visit our website www.theconstitutionalisttoday.com, www.libertyevents.org, or www.libertycandidatesearch.com.

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From the Editors Securing the Blessings of Liberty for Tomorrow

Office: 1115 Elkton Drive, Suite 300 Colorado Springs, 80907 719.260.7776 Mailing Address: P.O. Box 25155 Colorado Springs, Colorado 80936 Lana Fore-Warkocz Publisher William T. Gillin Editor-In-Chief editor@theconstitutionalisttoday.com Jeremy Goodall Managing Editor Teddy M. Otero IV Art Director/Internet Manager teddy@theconstitutionalisttoday.com Joan Eich Events Editor/Board Secretary events@theconstitutionalisttoday.com SALES Victoria Wallace VP Sales & Marketing Lana Fore-Warkocz Marketing Advisor ads@theconstitutionalisttoday.com John Pawelski EDITORIAL Featured Writers: Mike Holler Jeff Crank Richard Randall Jim Pfaff Michelle Morin Al Maurer Bob Adelmann Maj. General, USAF (Ret.) Bentley Rayburn State Representative, Kent Lambert Contributing Writers/Columnists Cindy Lyons Brad Kerstetter Eli Thomas Lynda Jones Dwan Rager J. McGuire JM Peterson Timothy Priebe Mary Coran Teddy M. Otero Julie Ayers Jim Williams Bruce Nozolino Thomas Paine Alexander Stute Ellis Posey Chuck Asay Richard Eleuterio Randy Taylor Zach Lee Wright DISTRIBUTION J McGuire Distribution Manager distro@theconstitutionalisttoday.com ART DEPARTMENT Teddy M. Otero IV Art Director print@theconstitutionalisttoday.com Bethany Kerstetter Victoria Wallace T Jay Carter COPYRIGHT© 2010: The Constitutionalist, LLC. All Rights Reserved. The Constitutionalist Today is distributed at over 900 locations in El Paso, Teller and South Douglas counties. This newspaper is for reading purposes only. Republication and/or reproduced in whole or in part is expressly prohibited without the prior written consent of the publisher. The Constitutionalist Today makes every effort to insure accuracy in advertising and editorial content; however The Constitutionalist Today and/or any of the board members will accept no responsibility or liability on inaccurate information provided by the advertisers or from editorial submissions. The opinions contained herein do not necessarily express the views of the staff and management of The Constitutionalist Today. One copy only per person, which is extremely expressed and enforced.

By William T. Gillin Editor-in-Chief Welcome to the premier edition of The Constitutionalist Today! Who are we and what are we doing? The staff and writers are a diverse group of citizens from many different walks of life, who have one thing in common: love of our country. We have learned to appreciate the unparalleled legacy of freedom given us by our Founding Fathers. Never in human history have people been guaranteed the God-given freedoms outlined in our founding documents, especially the U.S. Constitution. And never has our Constitution been under assault like it has been recently. We became alarmed at the unprecedented moves of those in power in Washington, D.C., to take over and control private industry, the banks, and now our healthcare. Unemployment continues to rise as businesses downsize. Runaway spending has run up our national debt to over $12 Trillion, and it keeps growing. We will never be able to pay this off in our lifetimes. Our children and grandchildren will be enslaved to pay off this enormous burden. This has happened because We the People (as a whole) allowed our politicians to hoodwink us, promising bennies from the government trough. Too many Americans did not understand that not only is this unconstitutional, but it will destroy the economy. Our Founders did not promise us “largesse from the public treasury;” rather, they gave us a foundation so that every person could pursue their dreams, work to fulfill them, and reap the rewards.

Our mission is to inform readers of what is happening to our country. We intend to educate citizens with a better understanding of our Constitution and our Founders’ vision for America. As Daniel Webster said “Hold on, my friends, to the Constitution and the Republic for which it stands. Miracles do not cluster, and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.” We have a “government of the people, by the people, and for the people.” Too many in the political class have it backwards, believing it is a “government of the rulers, by the rulers, and for the rulers.” Our elected officials must be held accountable to We the People. We hope to motivate citizens to become involved in returning to the ideals that made this country the greatest bastion of freedom the world has ever seen. Regardless of your political affiliation, we invite you to read the articles by our excellent writers. And please support our advertisers, who make this paper possible. Together, we will turn this country back to the principles that made it great. Edmond Burke said, “All that is necessary for evil to triumph is for good men to do nothing.” Fellow citizens, we urge you to become informed and involved. Do not let politicians steal your freedoms and your children’s future. This year’s election is crucial to the direction of our nation. But that is only one battle for our freedom. We Americans need to know our Constitution, become educated about our Founders’ vision for this country, and teach our children about our great heritage. Remember what Ronald

Reagan said, “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.” Ed. Note: As we go to press, Scott Brown wins in Massachusetts! The people have spoken and are fed up with the most corrupt federal government we have seen in our lifetimes. The tide is turning, and we will ride it to bring America back from the brink. Americans, let’s take back our liberty!—WTG

Send Letters to the Editor to: Editor, The Constiutionalist Today 1115 Elkton Drive, Suite 300 Colorado Springs, CO 80907 -ORP.O. Box 25155 Colorado Springs, CO 80936 -ORletters@theconstitutionalisttoday.com

The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government—lest it come to dominate our lives and interests. —Patrick Henry The Constitution was made to safeguard the people against the dangers of good intentions. —Daniel Webster

Jeremy Goodall Managing Editor “Our contest is not only whether we ourselves shall be free, but whether there shall be left to mankind an asylum on earth for civil and religious liberty.” —Samuel Adams This past summer has been truly inspiring. Everywhere I look average hardworking Americans are standing up and declaring in a strong clear voice their desire to be free; articulating a desire to return our nation to its founding principles as laid out in the Constitution and the Bill of Rights. This will be no small task. As many have pointed out, the path that has led us to this current situation was not some overnight catastrophe, nor some “out of the blue” crisis. Rather, we have been subject to a steady and deliberate erosion as, over the course of decades, the weight of individual inactions piled up around our feet. We must accept that the work of digging out will also not be an easy or short term process. We must accept that the only cure for individual inaction is individual responsibility coupled with action. Each of Us will have to decide where and how best to do this for ourselves. In my case, it is as an editor of this publication. For you it may be writing emails, calling DC, running for office, or simply talking openly about politics with friends and family. All of us must do what is in front of us to do. Many of you have already stood up and joined this effort. Just opening this publication is good evidence that you are already aware of the monumental effort that is erupting all over this nation. To those of you for whom this is a new and dawning realization, I can offer only this briefest of consolations: You are not alone. Welcome to the Fight.

A Word from the Publisher By Lana ForeWarkocz

As we wrapped up this premier edition, so many thoughts went through my head. Do we have enough copies for everyone? Check. Did we include all of the stories? Check. Is the printer online with our files? Check. Well, you get my point and the list is too long to go through. One thought however, reached all the way to my soul as we spoke to hundreds of people during this launch. It’s with a heavy heart and true concern that our wonderful small businesses in this beautiful state will and can make it through this period of economic hard times. As an entrepreneur myself, I know first-hand what it takes to make your busi-

ness grow. It starts with your dream, your family’s sacrifice and last but not least, your money. It makes me quiver as I drive along Academy Blvd.—because I wonder who’s next to take the plunge. As publisher of this newspaper, our promise is a simple one: We will work diligently to help your businesses flourish, keep our readers informed and that the America we know and love will prosper once again. The things that will destroy us are: Politics without Principle; Pleasure without Conscience; Wealth without Work; Knowledge without Character; Business without Morality; Science without Humanity; and Worship without Sacrifice.

—Mahatma Gandhi

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Local Perspectives Patriots Kick-Off 2010 Election Plans By Lynda Jones Contributing Writer

The message is simple and clear: Register to vote as a member of a specific political party by Jan. 19. Participate in the caucus process of that party. Precinct-level Republican caucus meetings will be held March 16. Vote, even if your favorite candidate does not make the ballot. Richard Randall of KVOR Radio, ostensibly sporting his “good guy” white cowboy hat, emceed the event. Speakers included Jarred Rego, also of KVOR Radio; Kevin Tebedo, delegate to the We the People Continental Congress in November 2009; Cheri Ofner, experienced Republican precinct chairperson, and Michelle Morin, public communications officer for Coalition for Conservative Majority-Colorado Springs Chapter. Jarred Rego, referred to by Richard Randall as “the next generation of talk radio,” gave his perspective as a 23-year old. He spoke with passion about returning our country to the vision of our Founding Fathers, and encouraged the attendees to get involved in the caucuses and the election process. Tebedo skillfully used the analogy of untangling a fishing line to the untangling of parts of the United States government. In short, he said it is more effective to relax and analyze the tangle before taking action than to react angrily and emotionally, tightening the tangle into a knot. He acknowledged there are some knots in the U.S. government, such as the unconstitutional income tax. As for tangles, one cited by Tebedo is the federal government’s lack

of authority to control individual states, but the federal government does so by withholding funds from states that fail to comply with certain federal mandates. According to Tebedo, the tangle gets undone at the State House. “If you’re not involved in the caucus system, you’re not involved in the real power house,” Tebedo said. Following Tebedo was Ofner, who reminded the audience that Colorado is one of the few states that still uses a caucus system. She warned, “If we don’t use it, we will lose it.” Ofner also emphasized the government is based on a two-party system, and encouraged attendees to affiliate with one party or the other. Morin reiterated that the U.S. governmental system is designed for two parties. She urged conservatives to remain in the Republican Party and unaffiliated conservatives to join the Republican Party. Morin argued that further split of the Republican Party will be victory for the Democrats. “Keep the big picture in mind. This is about our freedom,” Morin said. For the benefit of citizens who shy away from the polls because they do not like choosing the lesser of two evils when their favored candidate does not make the ballot, Morin had this to say: “Unless Jesus is on the ballot, you are always voting for the lesser of two evils.” Morin pleaded, “Don’t stay home in November if your candidate doesn’t make it onto the ballot.”

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Are You Being Heard? By Mary Coran Contributing Writer

The American people want their voices heard. The Tea Parties have been an exemplary illustration of regular citizens speaking out to influence society. When Colorado Springs residents were asked about the most important issue facing our nation, the answers varied from the economy to religious aspects in society, but all expressed concern for the present state of America. When asked about her greatest concern facing the nation, one woman, who requested to remain anonymous expressed, “Oh honey, we don’t have time for that!” After a hearty laugh she said, “Good leadership—that’s what I’m looking for.” Megan stated her biggest concern was the “…lack of God.” Jean Chaskey concurred, “The lack of moral compass…. no right and wrong.” Chaskey works in the education system and expressed her concern about “the future generation” and the compromise she sees on a daily basis in the work place. She exclaimed that so many parents have an attitude to “… change the rules to suit yourself.” “The loss of personal freedom” was Susan Hayes’ greatest concern. “The government can’t interfere with a woman’s right to choose, but it wants me to pay for everyone’s healthcare?” Mike and Cindi Madsen expressed their great concern about healthcare as well. “Healthcare: it’s a mess either way.” Mike spoke of his healthcare situation. He said that he gets benefits from work, but it barely covers anything. Along the same lines, Andrew Ciszewski said, “The fact that people are so worried about healthcare. They’d rather have something done fast than done right.” Leanne Pearce agreed, “The only reason he’s pushing this is because he wants to be remembered for something.” Freddy Marroquin took a different approach than most interviewed, “It’s too soon to know. The Americans haven’t given Obama time.” He said that Obama is “…criticized a lot. It’s time to support and see….Obama’s intentions are good.” His optimistic view of Obama did not however mask his concern for the healthcare situation, “Why should I work my butt off to pay for someone’s medical expenses who doesn’t work?” Marroquin finished with lasting words, “It doesn’t matter if they’re a Democrat or a Republican. We just need a good American.” Kevin Leinster’s concerns had to do with, “Unemployment….The Economy.... lack of stability in the job market.” Many more residents agreed with Leinster’s le-

gitimate frustrations. Tony simply stated, “Economy and too big of a government.” Stell and Troy Sanders took a more religious approach with their concerns. “Atheism” was Stell’s response. They both agree that, “Gay and Lesbian marriage” is a topic they take issue with. A fellow Colorado Springs resident, after hearing their concerns, walked by and concluded, “I don’t see America being America in the next ten years.” Maria Martinez agrees with most of Obama’s policies. Specifically on healthcare she commented, “Obama’s bill is good. Better than what we have. It’s a step in the right direction.” In light of Obama’s broken promise to air healthcare negotiations on C-SPAN, she said, “I still think he’s honest.” She also commented that the American people shouldn’t have to know what is being discussed or voted on, “They don’t understand anything. They shouldn’t have to know. If you put the bill out in the public, they won’t get it. They’re not selfthinkers.” Richard Fishburn, who served in the military for five years said that his greatest concern was the “…lack of military presence.” He expounded, “Obama is pushing out the military. He took away all the reenlistment bonuses. The only incentive is job security.” He continued, “We stepped in when nations needed us…” He argued that Obama is now taking away the military’s ability to help. “The rest of the civilian side is so blind to what Obama is ordering the chain of command to do.” He ended on general terms with the resounding words, “People shouldn’t be afraid of the government. Government should be afraid of the people. We need to stand up to government.” Martin Kuhn plainly said, “Too many wars. Too much loss of money. Too much government, not enough freedom.” A self-proclaimed Constitutionalist, Jeff Carver had a never-ending list of concerns, “Monetary and foreign policy.” He continued to list off things that need change or complete removal, “Get rid of the Fed, IRS, FDA, EPA…” Concerned with the complete direction the country is headed he stated, “What was once a gradual move is now a Socialist drop off!” He added with ardent patriotism, “Follow the Constitution. That’d be a start.” Follow the Constitution and join The Constitutionalist Today’s online community. Comment on blogs, voice your opinion, and of course, exercise your freedom of speech!


Are You Serious?

Local Perspectives

The Constitution Made Easy

By Mike Holler Featured Writer

We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution. —Abraham Lincoln

If our Federal Officials will simply honor their oaths of office, Americans will become truly free again. We are not, because they will not. James Madison said that the people are “the primary control on the government” and that the Constitution provided only “auxiliary precautions.” We have had it backwards for too long, and now we the people must get serious and bring our government back under our control. The Oath of Office has been unchanged for 125 years. It is worded as clearly as any marriage vow, and honoring it is every bit as important. Every person in the service of the United States takes essentially the same oath. With their right hands raised (and their left hands often on a Bible), they solemnly swear that they “will support and defend the Constitution of the United States.” They do not swear to enrich themselves, secure cushy jobs for their friends and family, bring home the bacon, or support the special interest groups that donated money to their campaigns. With their hands still in the air they solemnly swear that they will “bear true faith and allegiance” to the Constitution. They are swearing that they will adhere to the agreement – the Supreme Law of our land. They

will place loyalty to it above personal gain, political party or President. But ask yourself, “Where does it seem that their allegiance really lies?” They go on to swear that they are taking “this oath freely, without any mental reservation or purpose of evasion.” This is the real laugh line – if only this were a laughing matter. The Constitution is a binding legal agreement between the States, the people in each State, and the Federal Government they created. It gives this government a short list of “powers” to do things that the States could not reasonably or feasibly do for themselves, such as regulate trade between the States, and maintain a navy. Several times within the agreement it is made clear that the powers listed are, as Madison said, “few and defined.” The first five words in the body of the Constitution are crucial: “All legislative powers herein granted…” “Herein granted” is easier to understand if you are dyslexic; it means “granted in here.” Only the powers “granted in here” will be vested in Congress, not the powers taken as though they were granted. Article One, Section Eight, lists those powers in seventeen clauses. Why would the founders have debated each of these at length, and written them out by hand, if they meant for them to include other powers not listed, or all powers whatsoever? In case the body of the document is not clear enough to keep a few wild pitches from getting by, the 10th Amendment is the “backstop.” It states plainly that if any power is not assigned to the Federal Government, that such power remains with the individual States, or with the people. Chief Justice

Harlan Stone (1941-1946) called the 10th Amendment “a truism that all is retained which has not been surrendered.” All Senators and Representatives take a solemn oath to honor this agreement. Every time they propose a law, debate a law, or pass a law that does not directly flow from one of the powers listed in the Constitution, they violate their oath of office. They expand the powers of the Federal Government beyond its legitimate role. They commit legislative adultery. Some call this unlawful expansion of government “progress” and call themselves “progressives.” A hundred years of “progress” has spawned a monstrosity that cannot be managed by the Congress or by the hundreds of agencies they have created. The Federal Government can no longer afford to keep its own lights on without spending money it doesn’t have and borrowing money it cannot repay. It also tramples on the rights of citizens, and undermines the sovereignty of the States. From this tyranny there appears to be no escape. But our country and our government could still be saved. There is hope, albeit a thin hope, and time is against us. What is needed in order to start undoing the damage, and for Americans to start regaining their lost freedoms, is for our Federal officials to start honoring their oaths, and acting within the boundaries of the Constitution. Then the Federal Government would begin a return to its lawful place. Fifty sovereign States would begin to decide how much money to spend on what, and the people could become a meaningful part of the process. If one State should become tyrannical, the Constitution may afford a remedy. If not,

then as Reagan said, “the people can vote with their feet” by moving to a freer State. However, if the United States Government continues on its path of absolute control, where can our feet take us to freedom? As an African pastor asked me, “If America is no longer free, where can a refugee go?” We are simply running out of planet. Very few of the men and women in office now seem interested in obeying the Constitution. When pressed on this question, House Speaker Nancy Pelosi replied incredulously, “Are you serious?” And again, “Are you serious?” But elections are coming and people are suddenly engaged. The window of opportunity is open to ask every candidate (even the incumbents), “If elected, will you honor your oath? Will you bear true faith and allegiance to the Constitution yourself? Will you defend her against anyone who tries to harm her?” Our Federal Government has endeavored for a century to gain control of us, and it has now lost control of itself. The Ship of State is on the rocks and we citizens are on board. If we go down, the light of freedom in the world will go out. The elections of 2010 and 2012 may be our last chance to restore the rule of law, save our ship, and save the world. So given the gravity of your question, Madam Speaker, yes, you could say that we are serious. Mike Holler writes and speaks about freedom and the United States Constitution, is a frequent guest on talk radio, and travels with the Tea Party Express. Next month he will begin a series on this page entitled, “Seven Deadly Myths.” Contact Mike or view his recent book at: TheConstitutionMadeEasy.com

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Local Perspectives

Just Ask Richard! Compiled by Cindy Lyons Contributing Writer

The Constitutionalist Today interviewed KVOR radio talk show host Richard Randall. TCT: How did you become involved in a political radio show? Richard: I was a co-anchor on the weekend news at KKTV and reported during the week. I had always been in love with my country but I had not been all that politically active. I was in law school and Ronald Reagan was running. I remember watching one of his speeches. My parents had been lifelong Democrats and I was so excited that here was someone saying exactly what I thought. Here was a guy who when it comes to having strong national security, what his values are, and his love for our country…it was so powerful that I ended up calling his campaign and offering to work on it. And I assumed that at some point I was going to change from Radio and TV to talk radio…I have become a little bit more conservative as time has gone by. TCT: What drove you to become more conservative in life and politics? Richard: I’m older, understand the world better, and I have children and because of those things I am more conservative than I used to be. I think that when you look at your tax bill, when you look at how much money you make and where that money goes… if that doesn’t make you a fiscal conservative, I don’t know what will. There is this idea that if you are a conservative you don’t have a heart. I reject that notion completely. The majority of people I know who call themselves conservatives are very compassionate. The majority of them are Christian, are

not selfish people. Instead they believe that they are more accountable with their own money and do a better job of deciding where that money is going to go. They are better stewards of money…than the government could ever be. TCT: How did the United States get into the predicament we are in today? Richard: We wanted everything. There are analogies between individuals and families and government. A certain family wants a wide screen TV and a new car and they want to go on vacation and to live in a nice area. But can they afford all of these things? Most people I know are solving the problem of living beyond their means. They are cutting back on their lifestyle. They are becoming more fiscally responsible now than ever before. The disconnect is that Washington doesn’t understand that the average American is saying “We’re doing that individually and in our families and we want you as a government to do the same thing.” There is accountability; you have to pay for these things. The American public is paying for these things and is saying “What is our money going for, what are we getting in return for this money?” They are angry and they have every right to be angry. TCT: What can the American people do now to put our country and our government back on the right track?

I’m older, understand the world better, and I have children; because of those things, I am more conservative than I used to be.

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Richard: First you have to be well informed but you cannot rely on the mainstream media. They are more biased now than they have ever been before. It is a national crisis in my opinion, how biased they are and how uninformed the American public is because of that bias. You can’t be complacent. Average Americans are tired, they work hard, they take care of their families, they try to be good members of their community, to be involved in their churches and various organizations. But there are some things that need to be on top of the priority list and holding government accountable is one of those things. Complacency will kill this country. We now realize that the government has not been taking care of our interests. The government and political parties have been taking care of special interests. And those are not the interests of the average American. [Besides] conservatives and Republicans, I firmly believe that there are a lot of independents, moderates and Democrats who are not being looked out for by this government as well. And they are fertile ground for conservatives and Republicans to reach out to them and to let them understand. The Michelle Obamas would say, “For the first time in my life I am proud of this country.” There is a country that she would love to see pass away. There are values that we have held dear that she would love to see pass away. Their vision is for a different America. Their vision is for an America that is not the current America or the America of the past. I’m talking about things that are fundamental core values to us. Christmas, traditional values of respecting and loving our country, our freedoms and our military. If they see those things pass away… it’s fine with them. But is not fine with the rest of us. TCT: You identified a key issue: complacency. How do you wake people up? Richard: I always appeal to people first of all, take an extra five or ten minutes at the end of the day and say a prayer for those who are in power. I do believe in the power of prayer and I’m not embarrassed to say it. I cannot think of a president who has needed prayer as much as this one does because he is completely unprepared for the position he is in. He is not qualified and doesn’t have a clue in the world what he is doing. And maybe it is only because so many people have prayed for him that we are not in a bigger mess than we are already. Beyond that, I would say that people need to take a little time and understand the issues. You must reach out not just to like-minded people, but have conversations with others. Not arguments, you have conversations where you try to explain why this is a better model, why this is a better situation, why this is not a good idea. For me the common thing is love of this country. The motto used by the McCain campaign, “Country First” was brilliant. Apparently it wasn’t as brilliant as “hope” because it didn’t work. But it was brilliant in my mind because if you say “Country First” other things fall into place. We need more people who instead of putting their special interest first, are putting country first. TCT: Have Coloradoans awakened? Richard: I don’t think the alarm clock has gone off for a lot of Coloradans. There is a segment that has awakened. Those are

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the people that you will see at Tea Parties, using Facebook and other power tools. There are people who are very, very active, who are very driven and passionate. Everyday more people are waking up. We are winning. If you had told the Administration a year ago that they would have been bogged down for the better part of the past year, certainly the last half a year, over healthcare, they would have said, “No way, that’s a slam dunk. Americans want healthcare. The average person is upset with healthcare; doesn’t like the insurance industry; has been frustrated with the bureaucracy and the paperwork.” Well, they were right on that. I don’t talk to anybody who doesn’t believe that there needs to be some sort of reform when it comes to healthcare. What they misunderstood was, “We’re not willing to go where they want it to.” They have ended up in a quagmire over healthcare that they never anticipated. And that has delayed them from going on to other things by now… such as amnesty for illegal aliens. If they have amnesty for illegals, now all of a sudden they are legal and qualify for healthcare. They would have a voting block for the next 10, 20, or 30 years that would preclude Republicans and conservatives from being elected on a national level. If you would have told me a year ago that people would have been as motivated and worked as hard to fight against this as they have I would have said, “No I don’t think so.” Yet the public is smart and the defining line is not that people don’t want people to have healthcare. I think that the average person would love to live in a country where everyone had healthcare, had good dental care…didn’t have to worry if they got sick what was going to happen to them. We are asking the fundamental question, “HOW DO WE AFFORD THIS?” Part of their answer is, “Well we afford this by cutting back on the military.” Really? If you do that over a prolonged period of time… what freedoms do you think we will have in this country? And how safe will we be… we’ll all have healthcare but we will be vulnerable to the rest of the world. The average person says, “You don’t wait until the dead of night. You don’t wait until the last minute.” American people are smart enough that if a man appears at their door with a 50 page document… gives the sales pitch, “This is a great deal, it’s going to work to your benefit. Don’t worry about the cost, it’s 50 pages long, but here, just sign this. Trust me, you don’t need to read it.” The average American is going to say, “No way in hell am I doing that.” And yet the people that represent us in Washington are doing that. There are people who say that this is a brilliant administration and they have done much. But they have tried to take Chicago politics and do it on a national level and it has not worked for them. It is back-firing on them. There is hell to be paid because they tried applying the Chicago model to how they to do things. And they are being rejected not just in Colorado but elsewhere in the nation. The Richard Randall show airs weekdays in Colorado Springs from 8:30 a.m. to 10:00 a.m. on KVOR radio, 740 AM.


Area Groups and Organizations

Join one or more! Help us bring our country back to its roots of liberty and freedom for all!

Compiled by Cindy Lyons Contributing Writer

Local Perspectives

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Below is a partial list of grassroots and political groups based in El Paso, Teller, and Douglas counties. More information is available on their websites or from their contacts. The Liberty Events Calendar (libertyevents.org) is a comprehensive calendar for Colorado grassroots and Republican party activities. For questions or suggestions, contact me at cindy@theconstitutionalisttoday.com.

Limited Government Forum www.limitedgovforum.org

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Americans For Prosperity, Colorado www.americansforprosperity.org/colo rado Colorado Springs Tea Party www.teapartypatriots.org/Group/Colo rado_Springs_TEA_Party Teller Tea Party www.tellerteaparty.com/ Woodland Park & Colorado Springs Tea Party www.teaparty.org/coloradoteaparty.html Tea Party Patriots, Castle Rock www.teapartypatriots.org/Group/Castle_ Rock_Tea_Party Coalition for a Conservative Majority, Colorado Springs www.ccm-cos.com Liberty on the Rocks, Colorado Springs coloradosprings.libertyontherocks.org

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Local Perspectives

The Story of the 9-12 Project A Grassroots Movement of “We the People” to Reclaim our Country By Dwan Rager Contributing Writer

Think back if you can to September 12, 2001. It was the day after the horrific attack on our nation by Muslim terrorists, who brazenly used our own planes as weapons to kill approximately 2970 of our people. The shock and terror felt by all Americans around the country and millions of others around the world was indescribable. How could this possibly happen to us, the greatest most powerful nation on earth? It took awhile for the fear to subside, but the shock turned to outrage as Americans everywhere quickly put aside differences of every kind and stood together. They united as one in defense of America against a common enemy whose intentions for this nation, while in doubt by some in the past, were no longer in question. We were “One nation under God” and even Congress seemed to be on board as they stood in solidarity on the steps of the Capitol Building and sang “God Bless America.” On 9/12, 2001, there were no Red states or Blue states or political parties. We were all Americans, standing together in defense of the greatest nation ever created. That was only eight years ago but it may as well be 50 or 100 years for how far we’ve come from the unity and cohesiveness we experienced at that time. Political parties are as partisan and divided as ever but what’s really disconcerting is how out of touch our leaders – at all levels of government – are with the people. Worse, they seem determined to implement an agenda that is against the will of a majority of the people. They have thumbed their nose at our cherished Constitution and the Bill of Rights and are choosing to make their own rules according to their own self-serving standards. The will of the people is being usurped by the desire for power and control by our government. Many citizens feel alone as they watch in disbelief and frustration over the direction our country is headed, feeling powerless to do anything about it. The truth is you are not alone and you are not powerless. There are millions in this country who feel the same way. They are mobilizing under different banners but are speaking with one voice for the purpose of saving our freedoms and returning to the rule of law. They are de-

manding that our government adhere to the Constitution and the Bill of Rights. They want to roll back the tyranny that is sweeping this country, especially the excessive taxation that threatens to suck the life out of us and our economy. They want to remind our elected officials that they work for us, not the other way around. One of the more prominent groups leading the way in this endeavor is the 9/12 Project initially started by Glenn Beck, one of America’s leading radio and TV personalities. However, while Glenn might have been the one who initiated this project, this is a grassroots movement composed of everyday Americans who love their country and are becoming increasingly knowledgeable about the political process and the tenets of the Constitution. Like our Founding Fathers, they are adamant that our government officials, at every level, be held accountable and abide by the laws of the Constitution. John Locke was one of those great thinkers whose writings inspired our Founding Fathers. In his classical Second Essay Concerning Civil Government he set forth the same doctrine later espoused by Thomas Jefferson in The Declaration of Independence: “…Whensoever, therefore, the legislative shall transgress this fundamental rule of society and either by ambition, fear, folly or corruption endeavor to grasp themselves, or put in the hands of any other, an absolute power over the lives, liberties, and estates of the people, by this breach of trust, THEY (the government officials) FORFEIT THE POWER THE PEOPLE HAD PUT INTO THEIR HANDS… and it devolves (is transferred) to the people, who have a right to resume their liberty, and…provide for their own safety and security.” At the origin of America, our Founding Fathers built this country on 28 powerful principles. These were gathered from the writings of a variety of critical thinkers, including Polybius, Cicero, Thomas Hooker, Coke, Montesquieu, Blackstone, John Locke and Adam Smith. The teachings of Jesus Christ were also instrumental in helping to develop these principles. The 9/12 Project has distilled the original 28 down to the nine basic principles and combined them with 12 important values.

On 9/12, 2001, there were no Red states or Blue states or political parties. We were all Americans, standing together in defense of the greatest nation ever created.

Principles 1. America is Good. 2. I believe in God and He is the Center of my Life. 3. I must always try to be a more honest person than I was yesterday. 4. The family is sacred. My spouse and I are the ultimate authority, not the government. 5. If you break the law you pay the penalty. Justice is blind and no one is above it. 6. I have a right to life, liberty and the pursuit of happiness, but there is no guarantee of equal results. 7. I work hard for what I have and I will share it with who I want to. Government cannot force me to be charitable. 8. It is not un-American for me to disagree with authority or to share my personal opinion. 9. The government works for me. I do not answer to them, they answer to me.

Values Honesty, Reverence, Hope, Thrift, Humility, Personal Responsibility, Charity, Sincerity, Moderation, Hard Work, Courage, Gratitude Not only do those in the 9/12 Project desire that we become the kind of people we were on September 12, 2001, but they also seek to live according to these principles themselves. They also believe it is imperative our elected officials strive to do the same if our country is to survive.

If you are aligned with a majority of these principles and values we invite you to be a part of a local 9/12 group and let your voice be heard. With an election taking place this November, 2010 is a critical year in the fight against oppressive taxation, out-of-control government spending and politicians’ unbridled lust for power and control. Sitting on the sidelines is not an option if you desire to continue to enjoy the freedoms you have experienced up until now. Silence or non-action is a vote of approval for the status quo. We invite you today to join with 1.5 million other like-minded Americans who feel as you do, and stand together with them to protect the greatest nation ever created. We the People have the power. The genius of our Founding Fathers led them to set up our government that way. So let’s use the power that was given to us by men who sacrificed their lives, their fortunes and their sacred honor to make that possible for us. For more information on how to join a local 9/12 group go to:

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The 9/12 Pikes Peak Patriots is the Colorado Springs, District #5 Region local chapter.

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6 | The Constitutionalist Today


The Home Front Cares By Julie Ayers Contributing Writer

It’s no secret that Colorado Springs is a city overflowing with military, many of whom are deployed, putting their lives on the line every day. People here on the home front are constantly striving for ways to show their appreciation and support for the troops. A few years ago, two men found a way to do just that. Bob Carlone and Joe Henjum, retired Air Force colonels, established The Home Front Cares (THFC) in Colorado Springs on May 13, 2003. “Bob Carlone and Joe Henjum realized the enormity of the task with the Global War on Terrorism (GWOT), Operation Enduring Freedom (OEF) and Operation Iraq Freedom (OIF),” said Roz Trojan, THFC Executive Program Manager. “They knew what a tremendous effort it would cost our service members. They wanted to establish a way to help the families of the deployed military with emergency assistance so the deployed service member would have some peace of mind.” The Home Front Cares’ mission is to provide support for all of Colorado’s OEF/ OIF active duty, Reserve and National Guard members and their families. THFC provides emergency financial assistance and in some situations goods and services. Trojan said similar organizations exist in other parts of the country but their missions vary. “Our mission has grown since the founding of THFC in 2003 to include veterans and those who have been deployed in harm’s way since 9/11,” Roz said. The Home Front Cares is a non – profit 501(c)(3) corporation that has helped more than 1,250 military families, contributing over $1,330,000 in aid since its founding in 2003. Additionally, THFC, in partnership with Energy Outreach Colorado, has distributed more than $500,000 in energy relief to military and veteran families. THFC provides assistance by collaborating with the Ft. Carson Army Community Service and the Family Support Centers at the Air Force Academy, Peterson Air Force Base, Cheyenne Mountain Air Force Station, Schriever Air Force Base and the various VA offices in the state. These agencies identify and verify financial needs. THFC’s programs include: • Grants to Families Fund: Assistance for car repairs, house repairs, childcare, evictions, food, and other family emergencies. • Energy Assistance Program: As an agency of Energy Outreach Colorado, THFC receives limited grants to pay energy bills for all Active Duty, Activated Reserve and National Guard, and recent medically released Veterans living in Colorado who need financial assistance. (Deployment not required) • Wounded Troops/Casualty Assistance Fund: Pays travel costs and incidental expenses of military family members traveling to visit seriously wounded service members in military hospitals. The same service is extended to family members to attend memorial services of service members killed in action. • Adaptive Housing and Vehicle Modification Program: Help for disabled military and veterans in the State of Colorado in obtaining housing and vehicle modifications necessary to improve their quality of life and to aid them in adapting to their disabilities. • Phil Long’s Operation Home Support: The Phil Long family of car dealerships, in partnership with The Home Front Cares, helps to solve transportation problems for military families through roadside assistance, rental car discounts and maintenance, plus service and repair discounts.

• Welcome Home GWOT Heroes Program: Started in January 2004, the Welcome Home GWOT Heroes Program involves local citizens in welcoming home our troops. It also supports special needs for wounded warrior units at local installation hospitals, rehabilitative facilities, and the Warrior Transition Unit. Al Batey and Tom Miller are the founders of Welcome Home GWOT Heroes. “We started GWOT in July 2005,” Batey said. “In April 2007, this program was merged under The Home Front Cares organization.” GWOT conducts homecoming activities for troops based in the Colorado Springs area when they return from active theatres of operation. Major activities of the Welcome Home GWOT Heroes Program are: • Supporting welcoming events for returning soldiers, airmen, and their families along with Memorial Services, Wounded Warrior Socials, and other functions not readily supported by DOD funding. • Providing a link for local citizens to actively participate in welcoming home our Hungry Heroes via a partnership with the Southern Colorado McDonald’s operators, with free McDonalds’ meals. • Providing Welcome Home packets for deployed soldiers and families. Packets include discount coupons and special offers from local businesses and are distributed at the Special Events Center after the Welcome Home ceremony, at the Post Welcome Center during initial newcomers in processing, and at Evans Army Hospital for returning wounded warriors. • Providing funding for brigade level activities such as military balls. • Supporting hospital and rehabilitative facilities which includes the Wounded Warriors program, regular social events held to benefit wounded troops. An organization such as The Home Front Cares needs many helping hands to make it work. Currently, THFC has about 40-50 volunteers who work from home. “We need caseworkers who actually help the client make an application, review the facts of the case and make recommendations on approval,” Trojan said. “We also need a volunteer coordinator to orchestrate the work of the volunteers. We can use people with experience in public relations, community outreach, fundraising, and event planning. We are also seeking a chairperson for our next Military Appreciation Dinner.” The last dinner was held Nov. 4, 2009 at the Broadmoor Hotel. “General David Petraeus was the keynote speaker. We had almost 1,000 folks for dinner. While not a fund raiser, the attendees turned out in record numbers to show their appreciation for our military,” Trojan said. The next dinner will take place this year in November or December. Anyone is welcome to attend. Its one more way THFC supports local military members and their families. Sadly, Col. Henjum passed away Jan. 1 of this year, but THFC marches on. “Our goal for the future is to continue to provide support to the military, as described on our website, by attracting donors through good stewardship of funds and making the maximum use of volunteers,” Trojan said.

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State Perspectives Colorado State Assembly Races 2010, El Paso County Compiled by Jim Williams Contributing Writer Candidates for the State Assembly races in El Paso County are listed below. For more information, visit: El Paso County Republicans at www.gopelpaso.com and El Paso County Democrats at www.peakdems.org.

State Senate Races District #9: Republican Incumbent Senator David Schultheis, Retiring; Republican Representative Kent Lambert; Republican Thomas McDowell District #11: Democrat Incumbent John Morse, Senate Majority Leader; Republican Owen Hill, challenger

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A wise and frugal government, which shall leave men 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. —Thomas Jefferson I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. —Thomas Jefferson

Candidates for U.S. Senator from Colorado Compiled by Jim Williams Contributing Writer

Republican Candidates Ken Buck www.buckforcolorado.com Adjunct law professor, prosecutor, and businessman. Weld County District Attorney since 2004. Princeton University (BS) Politics, 1981; Juris Doctorate, University of Wyoming, 1985. Opposes big government solutions to fiscal and social problems, including “stimulus packages,” and unnecessary regulations of free markets. Supports lower taxes and balanced budgets, and is pro-life. Opposes Cap and Trade, favors more aggressive utilization of current energy resources and development of alternative energy sources. With a son at West Point, Buck is a strong supporter of our military. Opposes a federal takeover of healthcare, and proposes targeted solutions to bring quality care to everyone. Believes that our borders should be controlled, and immigration laws enforced and only then “pathways to citizenship be provided.” Jane Norton www.janenortonforcolorado.com Former Colorado Lieutenant Governor, Colorado State House of Representatives 1986-1987. Point person for Gov. Owens on reforming Colorado’s healthcare system. BS-Health Sciences, Colorado State University; MS-Management, Regis University. First executive director for Denver Police Foundation (2007). President of the Board of Directors of the Colorado Emergency Preparedness

8 | The Constitutionalist Today

Partnership. Graduate of the FBI Citizens’ Academy. Supports lower taxes, a balanced budget, and reduced national debt. Opposes earmarks, “stimulus packages,” and Cap and Trade. Supports tort reform and free market solutions to healthcare. Is pro-life except in the case of rape, incest, or the life of the mother, opposes all federal funding of abortion, and is a “strict constructionist” of the Constitution. Supports traditional marriage and the Federal Marriage Amendment. A strong supporter of the 2nd Amendment. Believes in securing the Nation’s borders, and opposes amnesty for persons here illegally. Cleve Tidwell www.tidwellforsenate.com Former U. S. Marine, business executive and leader for 30 years. Supports reduction of government spending, elimination of earmarks, getting the Federal Government out of local schools, mitigation of illegal immigration, and protecting 2nd Amendment rights. Opposes Cap and Trade, and further “bailouts” for failing businesses. Tidwell would “stimulate” the economy by cutting corporate tax rates, opening production of more oil, natural gas and nuclear power while developing alternative energy sources, and eliminating the permanent capital gains rate. Tom Wiens www.tomwiens2010.com Rancher and small business owner in Douglas County. Served in the Colo-

rado State House and Senate. Bachelor’s degree, The American University in Washington, D.C.; Masters of Divinity, Yale University. Studied at the University of Graz, Austria. Opposes wasteful government spending, “stimulus” spending and bailouts, tax increases and over – regulation of industry. Pro life, pro energy development and supports the Global War on Terror, 2nd Amendment rights, term limits, and protection of property rights. Steve Barton www.bartonforsenate.org California native, relocated to Colorado in 1983. Patent attorney. Degrees in engineering, law, and medicine. Favors limited government. Gary Kennedy www.kennedyforcolorado.com Colorado native from Montezuma County. Superintendent of Mancos Water Conservancy District. Opposes expanding government, financial “bailouts,” stimulus funding, and amnesty for illegal aliens. Supports tort reform, border security, agriculture, and a reduced role of government. Democratic Candidates Michael Bennet bennetforcolorado.com Appointed Senator from Colorado by Gov. Ritter to fill the seat vacated by Ken Salazar in 2009. Served as Superin-

tendent of Denver Public Schools. Denver Mayor John Hickenlooper’s Chief of Staff for two years. Formerly Managing Director of the Anschutz Investment Company. Supports current healthcare legislation, renewable energy, and the new energy economy, and responsible development of oil and natural gas. Pro-choice and supports a path to legalization for illegal aliens. Advocates increased and sustained government spending through “investments” in “economic building blocks.” Believes in a global response to terrorism, nuclear proliferation, and global climate change. Andrew Romanoff www.andrewromanoff.com Challenging Sen. Bennet for the candidacy. Four terms in the Colorado state legislature, Speaker of the House 2005 – 2009. Bachelor’s degree, Yale; Master’s degree in public policy, Harvard; Law degree, University of Denver. Served as senior associate at the Colorado consulting firm of Greenberg Baron Simon & Miller. Taught at the University of Colorado, the Community College of Aurora, Metropolitan State College of Denver, and Red Rocks Community College. Supports current healthcare legislation, more federal partnership in education, reduction of carbon emissions to address global climate change, and research and development of alternative energy sources.


State Perspectives

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The Supreme Court of Colorado is having its way with the State Constitution. Led by Chief Justice Mary Mullarkey, the court majority has ruled against the Constitution on multiple occasions in order to impose their political agenda on the citizens of Colorado. Colorado voters will have a chance to fix the situation in November when the justices come up for a retention election. In this state, citizens have the chance to evaluate Supreme Court justices and decide whether to keep them in office, or move them on to greener pastures. Matt Arnold is the founder of Clear the Bench Colorado (CTBC), an organization hoping to oust the court majority in the 2010 retention elections. He was recently interviewed for this article. According to Arnold, CTBC “[is] about returning accountability to that third branch of government that everyone forgets about, the judicial branch.” The justices guilty of violating their oath to uphold Colorado’s Constitution are Michael Bender, Alex Martinez, Nancy Rice and Chief Justice Mary Mullarkey, Arnold said. He went on to say that because the justices are not upholding the constitution, they do not deserve to be retained in the 2010 elections. As the elections take place every ten years, it would be a long time before Colorado has another chance to purge the court. “If we do not hold these people accountable now, they are in office for another ten years. We cannot afford that,” Arnold declared. Arnold focuses on four instances where the court overstepped their authority. The first of these he calls the “Mill Levy Tax Freeze.” In May 2008, the Supreme Court majority upheld an unconstitutional increase on property taxes and denied the citizens of Colorado the right to vote on the matter. The Mill Levy tax rate is designed to fluctuate because the state is supposed to make a set amount of revenue from property taxes from year to year. “[The state] froze [the tax rate] at a time when it had floated up to a near-historic high,” Arnold said. The result is that as property values recover, the taxes will increase on each property. According to the Taxpayers Bill of Rights, Article 10 Section 20 of the Constitution, “…districts must have voter approval in advance for: … any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain to any district.” By denying Colorado citizens the right to vote on the tax increase, the Supreme Court violated the State Constitution as well as locked in place an increase on property taxes for the next few years, Arnold said. Another violation of the people’s trust Arnold refers to as the “November Surprise.” On November 3, 2008 the Supreme Court blurred the distinction between taxes and fees with the Barber V. Ritter case. The government is using semantics to get around the issue of bringing a vote before the people of Colorado. Arnold pointed out that the revenue gained from a fee has to be used for expenses related to the service provided. For example, the fee charged to get into a state

park helps pay for upkeep. The citizens of Colorado do not vote on fees. A tax is applied to a specific service but the revenue goes toward a generalpurpose fund, Arnold said. For example, money gained from the sales tax can be used to pay police salaries. Taxes must be voted on by the people. The Barber V. Ritter case was brought up because the government was taking money collected from fees and transferring it to the general-purpose fund, a clear violation of the Constitution. The Supreme Court ruled that as long as the language used states the initial purpose of the revenue gained was to fund a particular service, the charge is considered a fee. As long as the government says the new “fee” is to fund a particular service, they can enact it without taking a vote. They can then move the revenue they gain into the general-purpose fund without fear of reprisal, Arnold said. This boils down to the fact that the government can now spend a “fee” as a tax, thereby taxing the citizens of Colorado without the inconvenience of taking a vote. The third violation of the Supreme Court is what Arnold calls the “Telluride Land Grab.” Mullarkey led the Supreme Court in ruling that because the town of Telluride was home rule, they could legally exercise eminent domain over property outside the city limits. The backlash of the ruling is that any home rule municipality can now exercise eminent domain anywhere in the state. “If you live anywhere besides the backseat of your car… [your property] can be taken from you,” Arnold declared. “Judicial Redistricting” is the fourth ruling CTBC took issue with. The Supreme Court helped itself to the power that is constitutionally held by the Legislature. “[The Constitution] very clearly leaves redistricting and reapportioning in the hands of the Legislature,” Arnold explained. He stated that the Supreme Court ruled itself part of the General Assembly in the Salazar V. Davidson case, thereby giving itself the power of redistricting. Arnold asserted that The Supreme Court is not adhering to the Constitution, which is part of their job. He stated that the way the court usurps power is by redefining the words of the Constitution. “They have made it so their word is law.” While Colorado citizens have to wait until November 2010 to vote these court justices out of office, there are a few things to do in the meantime. Arnold encourages people to get informed about what is going on in the Supreme Court. “[The court] is only able to do these things because we let them. We haven’t been paying attention,” he declared. The website clearthebenchcolorado.com has multiple resources including web-links and references to help people get informed. CTBC can also be found on Facebook as well as Twitter. Arnold also stressed the importance of spreading the word about the situation to your friends and neighbors. Lastly, the citizens of Colorado can assist CTBC by sending money or volunteering to help with their campaign against these unjust justices. The organization needs resources and volunteers, Arnold said. “I get nothing out of this besides standing up for the Constitution. It is self defense.”

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State Perspectives

Dan Maes, Republican for Governor By Brad Kerstetter Contributing Writer Dan Maes brings 25 years of business experience to the table in his run for governor. Since the position of governor is an executive office rather than a legislative one, it is a lot like running a business. Having effectively managed several enterprises as well as turning around two failing businesses, Maes feels confident he can lead the state to a successful recovery from its current fiscal and political predicament. He is running for governor because he felt called to “do something bigger than myself,” Maes said. He did not want to sit on the sidelines while, “[He] saw [Colorado] heading down the same path as Washington D.C.” Many independent voters are former Republicans who left the party because of a lack of true conservative values, Maes says. He would restore conservative principles to the Republican Party by staying consistent with the conservative platform—what he called the “original Republican platform.” He plans to bring back the independent voters by establishing credibility as a conservative by doing what he says he’s going to do. On fiscal issues he plans on balancing the state budget by “Downsizing government, first and foremost.” Approximately 4000 government jobs would be cut, ranging from higher education to the executive branch of government. Other plans include reluctant cuts in funding for K-12 education, which takes up nearly half of the state’s general fund. “I do not want to hurt public schools but we have to be reasonable with our budget,” Maes said. K-12 is guaranteed its current funding, plus inflation, plus one percent growth every year. Since there is limited money in the general fund, other governmental entities have to shrink because of the increased funding being absorbed by K-12, Maes pointed out. He believes that parental involvement in the education process helps students more than “throwing money at the problem.” According to Maes, the government does not create jobs; it merely creates an environment that allows the free-market to thrive and create jobs. He explained that the government does so by implementing proper regulations and tax structures. Maes believes that a major step toward economic recovery is to bring the oil

and gas companies back to Colorado. He claims that doing so will require repealing the regulations that were put in place by Governor Ritter and the Colorado Oil & Gas Conservation Commission. Maes plans to have the regulations rewritten in a way that lets the oil and gas industry know it is welcome in Colorado. He says that the Taxpayers Bill of Rights (TABOR) acts as a shield that protects the citizens of Colorado from unfair tax increases. Maes will help protect TABOR to ensure citizens the right to vote on tax issues. Maes says the Supreme Court Majority has ruled against TABOR on multiple occasions. “We have four liberal supreme court justices who believe their job is to perform judicial policy making, when their job is to interpret the Constitution,” Maes said. He said he would look for conservative judges who would interpret the existing law and the Colorado State Constitution instead of trying to create legislation. (Ed. Note: see our article about Clear the Bench Colorado in this issue) Maes takes a firm stance on the Tenth Amendment, which was set up to protect states from abuses of power by the federal government. “It is time for governors to take back state sovereignty and help Washington understand they are here to serve us, not dictate to us,” Maes said. (Ed. Note: see our article on the 10th Amendment in this issue) While he has ideas he wants to implement, he mainly sees the role of governor as an office that executes and manages the people’s wishes for what the government should be like. “I’m here to run the government that [the citizens] are in charge of,” he said. Dan Maes is an open and approachable individual. While arranging the interview for this article, he returned phone calls and emails personally. He also went out of his way to meet with our reporters. Maes is a fan of the Tea Party movement because it reminds him of how this country was started. “[It’s about]…individual people having the courage to walk up on their own and take a stand for their beliefs. I think the Tea Party movement is absolutely wonderful,” Maes said. The Independence Caucus of Colorado recently endorsed Dan Maes for governor. Although Maes is popular with many grassroots voters, he is behind McInnis in fundraising. Dan Maes’ website is: danmaes.com.

Scott McInnis, Republican for Governor By Brad Kerstetter Contributing Writer Scott McInnis of Grand Junction has served as a six-term U. S. Congressman from Colorado’s western slope, from 1993 to 2004. Before that, he served ten years in the Colorado State Legislature. His business background includes that of a hospital director and a partner in a law firm. He is also a former police officer and volunteer firefighter. According to the campaign website, McInnis is running for governor because he did not want to sit on the sidelines, “…As the failed policies of the current administration (of Gov. Bill Ritter) harmed the state...” Many voters are former Republicans who have since become independents because of a lack of what they feel are true conservative values. McInnis said he believed that many Republicans still hold conservative values. For that reason, these values do not need to be restored to the party because they never left. McInnis plans to attract independents back to the party by sticking to what he called the Republican Principles, meaning fiscal responsibility, downsizing government, the Second Amendment, and the Tenth Amendment, for example. McInnis explained that one third of independents tend to vote Democrat while another third tend to vote Republican. He said that about eight percent of independent voters are truly unaffiliated. “I frankly believe that that eight percent… would largely [vote] Republican based on our principles.” McInnis focused on jobs and the economy. He said in the interview that he believed the way to balance the budget was to bring the oil and gas industries as well as the Military back to Colorado in order to gain revenue. He said he would not raise taxes or come up with backdoor taxes in the guise of “fees.” To bring the oil and gas companies back to Colorado McInnis said he would replace the oil and gas commissioners who wrote the regulations that drove the industries out in the first place. McInnis believes that by implementing new regulations, oil and gas companies will return to Colorado and help the economy grow. The Military has started to look at other states to fulfill their expansion

requirements. They did so because the current state administration basically refused to work with them, McInnis explained. One example he gave was the Democratic message to the Pentagon that they would not allow the expansion of Piñon Canyon for the Army at Fort Carson. McInnis called the fact that the military was looking at other states “self inflicted wounds,” and said he would fix them. He claimed he would do so by going to the Pentagon and inviting the military back to Colorado. McInnis is in favor of keeping the Taxpayers Bill of Rights (TABOR) intact. “Big government does not create big ideas,” McInnis said while explaining the idea behind TABOR. He sees it as a way to protect the people from unfair tax increases. McInnis sees the Supreme Court as being run by liberal justices. He said that he would change that by looking for conservative judges. (Ed. Note: See our article on Clear the Bench Colorado in this issue) This reporter experienced some difficulty contacting Scott McInnis and his campaign staff. I was able to land a fiveminute interview with McInnis recently after an event in Colorado Springs at which he spoke. At that time, McInnis staffers assured me they would make every effort to communicate better with us in the future. When it comes to the Tea Party movement, the McInnis Campaign has a wound it is trying to heal. During an interview with Neil Cavuto on Fox News, Cavuto called McInnis the Colorado Tea Party Candidate, although the Tea Parties had not endorsed him. While at the time he did not reject the claim, the McInnis Campaign has since said that McInnis merely failed to correct Cavuto in the assumption, rather than claiming the title. Some Tea Partiers still claim otherwise. On the other hand, McInnis has received the endorsement of many Republican leaders in El Paso County and across Colorado. A McInnis campaign press release showed that they had raised $1,036,877 as of January 15th. The winner of the Republican primary will face Denver Mayor John Hickenlooper in the general election in November. Scott McInnis’ website is: mcinnisforcolorado.com

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10 | The Constitutionalist Today


10th Amendment to the Rescue? By Tim Priebe Contributing Writer

We see the results of the current legislative actions everyday – rising national debt due to continual governmental spending, numerous new governmental programs with pork barrel spending, and the hotly debated healthcare bill. Since taking office, the Obama administration has taken the role and responsibilities of the federal government in a completely new direction from previous administrations. Some say that this new direction is for the best. However, there are a growing number of states that are looking to the 10th Amendment of the Constitution to provide relief from the continual growth of federal programs. The Tenth Amendment reads in full, “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.” Simple words it would seem. The basic idea of the 10th Amendment is that the federal government is limited only to the powers granted to it in the Constitution. In effect, many states now want to curtail the federal programs that required them to do certain actions on behalf of the federal government (mandates), as they are unconstitutional.

grab. In the aptly named “Washington State Health Care Freedom Act,” the Act provides that “A law or rule pertaining to healthcare shall not directly or indirectly compel any person, employer, or healthcare provider to participate in any healthcare system.” The Act was introduced on January 12, 2010 in the House and in the Senate on January 15, 2010. In New Hampshire, a bill was introduced that takes on not only national healthcare but any and all federal programs. The proposed law would create “a joint committee of the legislature to consider the constitutionality of acts, orders, laws, statutes, regulations, and rules by the government of the United States including the legislative, executive, and judicial branches, and to consider the actions necessary to protect the sovereignty of the state of New Hampshire.” If passed, such a law could start a nation-wide trend of scrutinizing all federal regulatory actions of any kind, using the Constitution and the 10th Amendment, before it would become a burden to the states.

How is the 10th Amendment being used?

If the proposed bills are passed in the different states, it is obvious that the federal government will litigate. In order for the states to succeed, the federal courts will have to rule that the federal government has overstepped its Constitutional powers. When this issue has been litigated in the past, the Supreme Court has not ruled in favor of the 10th Amendment in very many cases. In 1992, in New York v. United States, the Supreme Court reviewed whether a federal act could directly compel states to enforce federal regulations as they pertained to radioactive waste. The Act required the states to take title of any radioactive waste that was in their state and not disposed of by January 1, 1996. The Act also stated that the states would be liable for all damages directly related to the waste. After deliberation, the Supreme Court ruled that the Act was a violation of the 10th Amendment and therefore invalid. It is important to note that the vote was 6-3, which typically shows the Supreme Court felt strongly about the issue. In 1997, the Supreme Court reviewed whether a portion of the Brady Handgun Violence Prevention Act which required state and local law enforcement officials to conduct background checks on persons wanting to purchase handguns was a violation. The Court ruled, as they did in the New York v. United States case, the federal government can not force a state to participate in the actual administration of the federal act. While the Supreme Court has not ruled in favor of the states in many 10th Amendment violation cases, the pro-10th Amendment crowd is encouraged. While the states do not currently know the entire parameters of the healthcare system overhaul being presented in Congress, the provisions that have been leaked appear to force the states to participate in the administration of the act. If so, this could prove favorable to the states as they will be able to nullify not only the healthcare act but perhaps other acts also. One thing is for certain, the Supreme Court will have to address this in the near future.

Proponents of the 10th Amendment believe that state and local governments can be declared exempt from overreaching federal programs and regulations.

Proponents of the 10th Amendment believe that state and local governments can be declared exempt from overreaching federal programs and regulations. For example, since the Constitution does not specifically provide that the federal government can take over the healthcare system, state and local governments can claim themselves exempt from having to take part in the program. The process in which a state would claim itself exempt from federal regulation is called “nullification.” In essence, a state ‘nullifies’ the federal law. By doing so, it proclaims the law to be void or without effect within the boundaries of that state. Since 2008, there have been a number of resolutions passed by different state legislatures regarding the 10th Amendment. The purpose of the resolutions is to put the federal government on notice that states believe it has gone too far in imposing regulations. It is important to note that resolutions do not carry the authority of law. They are instead just a proclamation of that particular state’s legislature. Currently, 38 States have introduced such resolutions regarding the 10th Amendment. As mentioned, one of the top issues related to the 10th Amendment today is the federal takeover of the healthcare system. As more details are leaked from behind closed doors regarding the expanse and costs of the program, the fight to nullify this and similar laws is gaining momentum. Currently, Florida, Georgia, Ohio and South Carolina have introduced legislation that would nullify any national healthcare program within their borders. It is believed that other states, already seeing hard economic times, will be joining the movement as more details of the plan are released. The State of Washington is taking the forefront in its legislation that clearly puts a shot across the bow of the Federal power

State Perspectives

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National Perspectives The Constitution and the Senate The engine roars to life as you apply full throttle. You pick up speed as you head down the runway. Then with a gentle tug of the controls, the wings bite into the wind, the ground drops away and you are airborne, climbing into the bright blue sky. Sound exciting? Ask any pilot and they will tell you - it is! When you see an airplane overhead do you look skyward and wonder what it would be like to be at the controls up there instead of being down here on the ground? Obtaining your private pilot’s license will change your life. Whether you are looking to be a recreational pilot taking weekend trips, or have your sights set on a professional flying career, you’ll experience a perspective that few will ever know. Few things in life offer such a rich and rewarding experience. At Springs Aviation, we are here to provide to you the finest flying experience and flight training possible.

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12 | The Constitutionalist Today

By Mary Coran Contributing Writer

In Colorado, the Republicans Jane Norton, Ken Buck, Tom Wiens, Cleve Tidwell, and others, as well as Democrats Sen. Michael Bennet and challenger Andrew Romanoff, are all competing for the U.S. Senate seat. They are participating in an election process our Founding Fathers had not intended. In fact, the same is true for every U.S. Senate race since 1913. An important provision in the original Constitution, before the tainting of Progressive federal amendments, was the select appointment of U.S. Senators by their respective state legislatures. This ingenious political process was a derivation of the Great Compromise of the Constitutional Convention in 1787. The larger states advocated Congress be composed of representatives proportionate to population, known as the Virginia Plan. The smaller states’ recognition of the threat to state sovereignty prompted the proposition of the New Jersey Plan. This plan called for equal representation from each state represented in Congress. Thus, the larger states desired all Congressional power be vested in the people; the smaller states desired it be vested in the state. After much deliberation, the agreement was an amalgamation of both. Congress should be composed of two bodies: the House of Representatives, by proportional representation, and the Senate, by equal representation. The House would be the voice of the people, and the Senate represented the individual states. The House guaranteed representation of the people because they were elected by popular vote. The Senate guaranteed representation of the state because senators were elected by the state legislatures. As James Madison, in Federalist Paper 62, explained regarding the Senate, “[T]he double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems.” Serving many purposes, this safeguard was implemented by our founders’ brilliant foresight to protect the people from bad legislation. Law had to pass both bodies of Congress separately. This ensured the people’s consent, then the states’. As explained by Madison again in Federalist Paper 62, “It doubles the security of the people, by requiring the concurrence of two distinct bodies in schemes of usurpation or perfidy, where the ambition or corruption of one would otherwise be sufficient.” Unfortunately, we now elect senators by a political process far removed from the Constitution’s intents. This shifting of the American political system further away from her founding began over a century ago during the Progressive Era, the prized and proudly touted period esteemed by

the modern-day liberal. Its great achievements of enlarging the scope of the federal government, usurping states’ power, controlling corporations, and limiting individuals’ freedom should cause one to be very cautious of any product of that era. Extensive laws and amendments were passed under the heroic yet misleading guise of altruism. Direct R e pre s e nt at i on , the seventeenth amendment, was based on majoritarian theory. Progressives believed all power should be vested in the people; thus, Direct Representation changed the election process for U.S. Senators. Today, the people vote for them directly, not the state legislatures. The hailed claim is that Direct Representation solved the problem of local political machines controlling elections. The predicament we find ourselves in now is that elections are being manipulated by federal political machines, which is indisputably worse. This is why we see the select Washington elites recruiting candidates and disrupting primaries. In effect, we now have two Houses of Representatives. The Senate no longer represents the states because they campaign for the people’s votes, disbanding their accountability to the state legislatures and resultantly removing the U.S. Senators from the visions of their states. In light of Senator Bennet’s contested seat, one lone Senator elected to that position would not be able to repeal a federal amendment to the Constitution. That would take a two-thirds majority vote of the House and Senate, a presidential signature, plus approval by three-quarters of the states. One of the most reproachful and repulsive attributes of Progressivism is its foundation on relative morality. Those who believe in universal morality tend to credit the founding of our nation to divine inspiration, but relativists scorn tradition, claiming that morality evolves with societal and cultural (here comes the magic word) change. This worldview demands that the Constitution be seen as an imperfect document subject to radical change. Let this serve as a reminder that the foundational principles that made our nation so great are the very principles that will maintain it. Those principles, based on Judeo-Christian morals, established the longest, ongoing Constitutional republic in the history of the world. The further we move away from the Constitution, the further we remove ourselves from absolute freedom. The Constitution limits government’s power, enabling individuals to choose for themselves what their conscience dictates. Our Founding Fathers sacrificed their lives, fortunes, and families to create a document so impenetrable by the whims of a fickle public that it would be timeless in supplying freedom for every generation of Americans.

An important provision in the original Constitution, before the tainting of Progressive federal amendments, was the select appointment of U.S. Senators by their respective state legislatures.

Politics is not a bad profession. If you succeed, there are many rewards; if you disgrace yourself, you can always write a book —Ronald Reagan


National Perspectives

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Today, one in five Americans is unemployed, underemployed, or just plain out of work. One in nine families can’t make the minimum payment on their credit cards. One in eight mortgages is in default or foreclosure. One in eight Americans is on food stamps. More than 120,000 families are filing for bankruptcy every month. The economic crisis has wiped out more than $5 trillion from pensions and savings, has left family balance sheets upside down, and threatens to put ten million homeowners out on the street.

And when that last recession ended in November of 2001, it wasn’t until February of 2005 that all the jobs lost in that recession were finally replaced. According to an MSNBC study, “This time it will take more than six years to make up the losses from this recession. In other words, it will take years to restore consumers’ confidence…” Although many forecasts express concerns about the problems in commercial real estate, few give it much more than lip service. Karp says commercial real estate is the sector that will “give us more pain than anything else,” but, happily for Colorado, such pressures are much lower here than elsewhere. In San Francisco, commercial property values have declined by at least 50% in the last two years. “Commercial values are just plummeting; this real estate market is a disaster,” says Oz Erickson, chairman of the Emerald Fund, a San Francisco real estate developer. Bob Gilly, executive VP at CB Richard Ellis, put it this way: “To paint it with a broad brush, properties today are down 50% from the peak (in late 2007).” With over 1,000 commercial properties appealing their assessed values, the city could suffer a potential tax hit of more than $100 million. Add in residential property tax appeals, and the number jumps to $130 million. And this when the state of California’s deficit is expected to reach $500 million. Gary North put it starkly: “Commercial real estate is the next shoe to drop.” In the October 26th issue of Agora Financial’s 5 Minute Forecast, “the Second Wave of adjustable rate mortgage resets is just around the corner.” Alt-A and Option ARM loans were a seductive way of providing financing to people to buy a home who couldn’t afford it. Mortgage payments are selected at a “convenient” level for the mortgage holder, usually “interest only” with a “reset” some time in the future. The reset begins the process of amortization of the mortgage itself. However, in many cases, payments were made at less than interest only levels (negative amortization), with the difference added back to the principal. According to Agora, this new wave of “resets” and consequent defaults will equal, if not exceed, the resets that crushed the housing market in 2007 and 2008. Is there a way out? Steve H. Hanke is a Professor of Applied Economics at Johns Hopkins University, and a Senior Fellow at the Cato Institute, who had this to say about the Great Depression, and the way out of our current Great Recession:

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Every economist with an opinion has expressed himself about the future and it is time to see how those forecasts are holding up. Keynesian economists are uniformly “cautiously optimistic” about the coming year: low job growth, low inflation, the housing market has hit bottom and is starting to recover, stocks will continue to move higher, while some problems remain in commercial real estate. And Colorado will fare better than a number of other states. Nathanial Karp, chief economist for BBVA Compass, told Rebecca Tonn of the Colorado Springs Business Journal recently, “Compared to [its] long term trend, Colorado is almost back to its average[…] short term conditions favor Colorado more than many other states [and the long term prognosis] is one of the best in the nation. We’re not where we were before the crisis, but the state is outperforming the U.S. average.” Digging deeper, however, the outlook, especially nationally, is far less sanguine. The Department of Labor reports that unemployment is now less than 10%. However, according to John Williams, of Shadow Government Statistics, the real unemployment rate is over 20% if one counts those people defined out of existence under the Clinton administration, such as those working part-time because they cannot find full time jobs, and those who have given up looking for work altogether. While many of the unemployed are barely surviving on unemployment benefits, states are running out of money to pay them. For instance, a Kentucky task force recommended cutting benefits by nine percent and delaying payments to recipients by a week. Indiana State Representative David Niezgodski said, “Our system [is] absolutely broke.” And this is adding to the “overhang” of mortgage defaults as more and more workers, now about one in eight, are either falling behind on their payments, or are in foreclosure. As Elizabeth Warren, Chair of the Congressional Oversight Panel, put it,

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National Perspectives

The Second Amendment, Circa 2010 By Bruce Nozolino Contributing Writer

As we enter 2010, it amazes me how many folks are unaware of the recent landmark US Supreme Court ruling on the Second Amendment. The considerable disagreement about whether the Second Amendment is an individual or collective (i.e. group) right to bear arms has gone on for nearly 70 years. To make matters worse, there has never been a direct ruling on this issue by the US Supreme Court. Therefore, interested parties had to rely upon prior court rulings that only slightly touched upon this issue and then extrapolate forward to the Second Amendment as a whole. The bottom line is that both sides of this issue could pick and choose the respective rulings that supported their position and ignore the other side’s rulings. On June 26, 2008, the US Supreme Court issued its ruling in District of Columbia v. Heller. This is the first time that the US Supreme Court has directly addressed the issue of whether or not the Second Amendment is an individual right. In a close (five to four) split decision the US Supreme Court decided that the second amendment is an individual right. This ruling is as landmark a decision to the Second Amendment as Roe v. Wade is to abortion rights. Those interested in reading the full decision can view it at: theconstitutionalisttoday.com/dcvh Is this the end of the issue? Absolutely not. There are some issues that will linger.

For example, the Heller case arose from a situation in Washington DC, federal land outside any state’s jurisdiction. So, there is some question as to the applicability of this ruling to all fifty states. However, progun organizations are now fighting this battle with renewed vigor in key antigun states and localities. Stay tuned for more details as this fight continues.

In a close (five to four) split decision the US Supreme Court decided that the second amendment is an individual right.

Colorado Springs Loses a True Patriot Where do you go to get the “gun vote” in Colorado Springs? Ask anyone and you will get one of two answers: either, “I don’t know,” or you will be told “the Pikes Peak Firearms Coalition” (PPFC, ppfc.org). Naturally, the PPFC is the correct answer. Attend any of their monthly meetings and you will see local patriots, politicians and political wanna-bes in attendance. The PPFC has a long history in Colorado Springs and has made significant contributions. On December 1, 2009, the President of the PPFC, Mr. Dane Nowels, died unexpectedly in Colorado Springs. Mr. Nowels was a true patriot and leader in El Paso County, both for gun rights and conservative politics. For those who are wondering how they can make a difference in this world, I invite you to read Mr. Nowels’ obituary. Rest in peace, Dane: theconstitutionalisttoday.com/dno

Note: At the January 2010 PPFC meeting, Mr. Jeff Crank was elected to replace Dane as the President of the PPFC. Good luck Jeff, as I think you will do us proud.

Colorado Generosity So how generous are Coloradoans when it comes to supporting gun rights? I’d like to give you one perspective that may surprise you. The national NRA Foundation (an adjunct of the National Rifle Association) runs fund raising events in all 50 states. Each state has a Friends of NRA (FNRA) program to raise funds at the state level. Each state is also divided into several localities, each with a FNRA committee. All funds generated by the FNRA events are distributed back into shooting programs for the benefit of the shooting community as a whole. There is an FNRA committee in Colorado Springs. In 2008, that committee collected approximately $13,000 in proceeds. During the recession of 2009 that same committee collected almost $22,000 from our community. Now, if that isn’t impressive enough, keep on reading. The Colorado state-wide total of all the FNRA committees in 2009 is approximately $850,000 in proceeds! How does that amount compare to the other 49 states? Last year, Colorado placed second in the nation (behind California) with respect to FNRA proceeds collected! I want to thank all of you who contributed for your generosity and support.

ECONOMY continued from page 13

The Voice for Firearms Rights in the Pikes Peak Region

“The PPFC defends the Second Amendment rights of citizens in the Pikes Peak region. If you are a firearms owner, you should be a member of the PPFC.” -Jeff Crank, President

Congressional Representative Ron Paul from Texas, author of a bill to audit the Federal Reserve and his book End the Fed, amplified this “true lesson” with these remarks to the House: Abolishing the Federal Reserve will allow Congress to reassert its constitutional authority over monetary policy. The United States Constitution grants to Congress the authority to coin money and regulate the value of the currency. The Constitution does not give Congress the authority to delegate control over monetary policy to a central bank. Furthermore, the Constitution certainly does not empower the federal government to erode the American standard of living via an inflationary monetary policy. In fact, Congress’ constitutional mandate regarding monetary policy should only permit currency backed by stable

14 | The Constitutionalist Today

More importantly, we (yes, I’m a member of the Colorado Springs FNRA committee) have a plan for being number one in the nation for 2010. And, we have a great team that is beginning to execute that plan. If you’d like to be a part of our 2010 FNRA committee, please contact me at Bnoz01@yahoo.com. If you have any ideas or news to share for the next column, please contact me and I’ll do my best to address them. I’m here to serve you. As a hunting and shooting enthusiast for 30+ years, who is also active on the political fronts, my goal for this column is to keep you abreast of Second Amendment issues as they affect every American. Mr. Nozolino is a retired engineer who now focuses on hunting and shooting sports, ammunition reloading, construction, investing, and political activities. He has a BS degree in Computer Science and an MBA degree in Information Systems.

The right of having and using arms for self-preservation and defense is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the law of society. —Blackstone, Commentaries on the Laws of England

commodities such as silver and gold to be used as legal tender. Therefore, abolishing the Federal Reserve and returning to a constitutional system will enable America to return to the type of monetary system envisioned by our nation’s founders: one where the value of money is consistent because it is tied to a commodity such as gold. Such a monetary system is the basis of a true freemarket economy. In conclusion, Mr. Speaker, I urge my colleagues to stand up for working Americans by putting an end to the manipulation of the money supply which erodes Americans’ standard of living, enlarges big government, and enriches well-connected elites, by cosponsoring my legislation to abolish the Federal Reserve.”

There is no easy way out. But knowing that unconstitutional interventionism only makes things worse is a good place to start.


“Hope” is Climbing Back up the Edge of the Cliff

National Perspectives

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By Kent Lambert Colorado State Representative It ought to be stated that the purpose of the law is to prevent injustice from reigning. In fact, it is injustice, instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent. But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed—then the law is no longer negative [i.e., to defend citizens]; it acts positively [i.e., belligerently] upon people. It substitutes the will of the legislator for their own wills; the initiative of the legislator for their own initiatives. When this happens, the people no longer need to discuss, to compare, to plan ahead; the law does all this for them. Intelligence becomes a useless prop for the people; they cease to be men; they lose their personality, their liberty, their property. —Frederic Bastiat, 1850 As we close the first decade of the 21st Century, we must conclude that we failed to learn the lessons of the 20th. Over a century of intellectual, military and genocidal struggles between the defenders of classic liberalism and oppressors of totalitarian socialism saw (by best estimates) the loss of over 200 million lives, mostly at the hands of their own governments. In 2010, we can observe that the same bipolarity of socioeconomic and political struggles have not been resolved. Today, the battles are primarily being waged by two contradictory economic philosophies: socialists and Keynesian centralists versus Chicago and Austrian School libertarian/capitalists. The economic failures of FDR, Lyndon Johnson, Jimmy Carter, and Barack Obama are again juxtaposed against the economic visions of Margret Thatcher and Ronald Reagan who at least tried to reverse the tide. Regrettably, the legacy of George Bush will be that he not only failed to understand classic economics and put a leash on Ben Bernanke before he found his ultimate playground in Obama’s Utopia, but that he continued to grow big government at the peril to both individual liberty and individual responsibility. Some economists might admit that the current economic death spiral is not a typical business cycle, but has the characteristics of a dynamic collapse reminiscent of the Great Depression, possibly for the same reasons. Some

believe that America, and possibly the world, may already be a falling house of cards. A crisis in morality and ethics leads to a monetary crisis, which leads to a financial crisis, which leads to an economic crisis, which leads to a political crisis, which leads to a geopolitical crisis, which in turn exacerbates the moral crisis, and so on. The fact is our current economic crisis has the altitude for a far harder fall than the 1930’s. What is the monetary problem? There is no money. Anywhere. As the three true functions of money are to communicate value, to standardize value, and to store value, the current fiat U.S. dollar is stressed to do any of the three. The dollar may soon become a waterlogged life raft sinking in a freezing sea of debt. U.S. Constitutional protections, written at our nation’s founding during a period of tremendous economic collapse and corruption, demanded that states settle all their debts in gold or silver. Of course today, that Constitutional mandate is long forgotten and totally unknown to the teachers of our children. “Cash for Clunkers” is in fact 100 percent “Debt for Clunkers.” The insanity of pushing risky home ownership debt on totally unqualified borrowers is a lost cause begging for a negative effect. That debt, and Trillions more will be paid for by those children who will never understand their former Constitutional protections against government graft. Far worse than the late 1920’s when people ran on the banks to retrieve their own over-leveraged but real money, people in 2010 may soon realize that there is no real money, and their lives depend on the whimsy of a fictitious and suddenly unavailable line of debt (falsely called “credit”). The U.S. government now essentially follows the business model of a Chucky Cheese pizza parlor. They mint worthless tokens, force us to take them for our labor, and determine winners and losers on games of chance. If we follow their rules and directives and get very, very lucky, we might win some paper tickets for a prize we think we would like until we discover that it’s a very, very cheap substitute for what we really want or need. Under the euphemism of “quantitative easing”—known to honest people as monetizing debt or intentional See

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National Perspectives

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debt that will never be repaid, the loss of wealth that may never be recovered, and inflation—we see the financial crisis a loss of confidence that has frozen progrowing since no intelligent adults in duction and business growth. Despite, business are willing to bet their futures and probably because of, federal polion childish random chance or intencies to “tax the rich” and to “stimulate tional inflation. Combined with a nathe economy,” we are building a mountional policy too focused on the “transtain of public and private debt on which fer of wealth,” the incentive to work as it will be impossible to even pay the the slave of tax collectors suddenly loses interest. Billions of dollars spent daily its appeal. to “save and create” jobs through cenThis is nothing new. In 1850, Bastral planning, government takeovers of tiat accurately called it, “legal plunder.” private industry, and expanding social“But how is this legal plunder to be ist programs have continued to result in identified?” he asked. “Quite simply. See more unemployment. During the same if the law takes from some persons what period that President belongs to them, and gives it to other The “invisible hand” of Adam Obama and Governor Ritter claimed they persons to whom it Smith’s free market capitalism is “saved or created” does not belong.” Of course, that primary being amputated by the “visible 4000 jobs in Coloratenant of Marxism is hand” of centralized control by do, other government now the “new nor- government bureaucrats just statistics proved our mal” in formerly free as surely as those controlled by labor force lost about 89,000 workers. Huh? Amerika. The “invisLenin, Hitler, Mao, or Castro. I wonder how that ible hand” of Adam happened! (The 4000 estimate was after Smith’s free market capitalism is being subtracting thousands of bogus claims amputated by the “visible hand” of centhat were soon proved to be hoaxes.) tralized control by government bureauLoss of jobs, profit, and income also crats just as surely as those controlled by mean the loss of revenue to run governLenin, Hitler, Mao, or Castro. Indeed, ment. The more debt the government some appointees within the Obama takes out of the private sector to fix Administration publically cite some of those problems, the more loss of profit these murderous dictators as their poand loss of jobs. The power lust to keep litical heroes and mentors, while our taking money from unwilling taxpayformer communist rivals in Russia and ers must stop. Only then, under the libChina warn us to return to honest trade erty of free economic choice, might the for our mutual benefit and for the ecoeconomy begin to recover and prosper. nomic stability of the world. 2010 could also be the year when the Our future will likely contain catapolitical pendulum will swing back to strophic political and geopolitical criequilibrium. Recent polls report strong ses. Most of our current national debt is disapproval and disgust with leftist dicowned by unstable and possibly aggrestates to eliminate private healthcare, to sive rivals: China, Japan, and OPEC. In ignore the collapse of Medicare and So2010 alone, the United States must pay cial Security, to bail out the companies for $4 Trillion in budget deficits and of political cronies and special interest bond debt that is coming due. donors, and to perpetuate the hoaxes With a collapsing dollar and virtuof “evil carbon” and global warming as ally no foreign creditors likely to be stuthe means to eliminate traditional cheap pid enough to believe in our ability to energy sources and to raise more taxes. pay on our future promises, the United Faced with the inconvenient truth of the States could be faced with only two alone-party control of our freedom, some ternatives: default on our sovereign will lose hope and beg like children for debt, or print more Chuck E. Cheese their best deal from a failing nanny state. tokens. This could potentially lead us Others, acting like free and responsible into an inflationary depression cycle adults, will recognize that it is the role that could take decades to recover. Such of the state to create a legal environment economic explosions historically lead to where business and trade can thrive, not other geopolitical effects, like civil into control job creation and every other surrection and even full scale war. Abaspect of our lives. Recovery may begin ject poverty, disease, crime, death from when people finally tell the government loss of heating fuel, and similar effects to just “keep its hands out of our pockets are likely to follow. As we should have and leave us alone.” learned from history, socialism in all its forms eventually harms everybody, but especially the poor. From my view as a Colorado Legislator dealing with the effects of these crises in 2010, the clear realities are that national economic policies have created

Whenever the people are wellinformed, they can be trusted with their own government. —Thomas Jefferson


THE MASON JAR American comfort food served in a casual Colorado lodge atmosphere. Famous chicken fried steak, slow roasted prime rib, seafood, plus soups, salads, sandwiches, and homemade cobblers. Full service bar. Fireplaces. A Colorado tradition since 1982. Lunch and dinner from 11am daily. 2925 West Colorado Ave at 30th St- 719-632-4820. Now at our second location at 5905 Corporate Drive and I-25 (Exit 148)719-260-6555, Same great food and service as the original West Colorado Avenue location. Two large banquet rooms. Full service bar. Fireplaces. Patio dining. Easy access from I-25.

FIX-A-FEAST Want great meals for your family but don’t have time to shop or prepare them? We prepare quality “Take & Bake” Meals , just call ahead and we will have them ready for you. “My kids loved them so much they practically licked the bowl!” Donna M. ALL NATURAL meats, fish & poultry, Amazing DELI and CATERING for all your office/private party needs. “After numerous caterers, we chose FIX-A-FEAST (for corporate lunches) because they are the best!” Sam M. (office manager). 5901 Delmonico Drive, Colorado Springs, Colorado 80921, 719-531-5170. BROOK’S CUSTOM CAKES I have over 10 years baking experience. I can help you celebrate something so simple yet so important like a birthday or something extravagant like a wedding! Call me at 719.533.0990 and let me help make your special occasion wonderful. AUNT NELLIE’S Welcome to Aunt Nellie’s Cookies, Baked Goods, and Sweet Treats! Are your taste buds hungry for your delicious home baking, that Mom or Grandma use to make? We can give you a hand.  Family recipes are important part of our baking and candy making.  We have special recipes that have been passed down to our family and now made for yours! We wouldn’t share anything our family didn’t think was yummy. We make everything fresh for you. Aunt Nellie’s uses the finest ingredients to create delicious products.  We use real butter, pure vanilla, quality chocolate and natural ingredients like nuts and dried fruit. 5901 Delmonico Drive, Colorado Springs, Colorado 80921, 719-531-5170, www.auntnellie.com. JOEY’S PIZZA Joey’s Pizza established in June of 2008, has mad a huge impact on pizza lovers here in colorado springs.  Joey Stasolla owner of Joey’s Pizza born and raised in New York has been making pizza for over 12 years.  For true authentic New York pizza there is no other place in town to get it but Joey’s.  From pizza by the slice, specialty pizzas, calzones, stromboli, subs, salads and more, there will be a taste of New York in every bite. Come on in, have a great time---1829 Briargate Blvd (Across the street from the Chapel Hills Mall) 265-6922 BLACK FOREST BISON Direct from the ranch sales. All natural/organic, 100% grass fed bison meat, “Gourmet to Go” heat and eat bison dinners, award winning bison jerky. BBQ sauces, hot sauces and salsas. Plus farm fresh eggs & local raw honey.. Gift packages and shipping are also available. 1234 E. Woodmen Rd. 719-488-3898, www.BlackForestBison.com FAIRWAY GRILL & PUB We’ve hit a hole-in-one with our new restaurant! Relax in a comfortable atmosphere, and capture one of those rare opportunities to mingle over great drinks and succulent food. Menu includes burgers and guilt-free fries, stacks and wraps, soups and salads, pizza and more! Our food is always fresh, never fried and prepared to order. Join us for lunch, happy hour or schedule a private party, meeting or event. Open seven days a week, 364 days a year. Winter hours 8:00 a.m. to 6:00 p.m. or later for your event. Fairway Grill & Pub, A New addition to World Golf Sand Creek Golf Course, 6865 Galley Road, Colorado Springs, CO 80915, (719)597-5489. TRIVELLI’S HOAGIES We are located at 4547 Austin Bluffs. Phone is 591.4849. We are open Monday thru Saturday from 10am to 8pm. Call ahead ordering! Come try our Italian, Cheese Steak, or Meatball Hoagies. Lunch Special $6.80 everyday! BLACK BEAR DINER At Black Bear Diner, our mission is to be the pre-eminent family dining concept, providing excellent food and value, served in a fun, uniquely bear themed atmosphere, by friendly, committed and knowledgeable employees. The Black Bear Diner reflects our founders’ upbringing in small-town America. Their restaurant concept sprang from a desire to bring home-style cooking and personal service back to the dining experience. Our entire menu is available to go, and just a phone call away! To phone in your order, call us at 719.314.3616. Located on the SE corner of Academy and Galley at 975-A N. Academy Blvd. BUFFALO WILD WINGS Our award-winning wings are served with your choice of 14 signature sauces. Our full menu, including salads, burgers, wraps, and more, is served all day—even late! Our full bar features 20 draft beers. Come watch all your sports on our 39 HDTV’s and take advantage of our free wi-fi! Located in the Falcon Landing Shopping Center on Academy and just north of Woodmen, Open Mon-Thur- 11am-1am, Fri & Sat. 11am2am, Sunday 11am- 12am. 7425 N. Academy Blvd. 719.594.WING OLIVER’S This cozy neighborhood deli located in the Rockrimmon area is the place to be anytime Monday through Saturday. For breakfast….Enjoy muffins, assorted baked goods, bagels with eggs, cream cheese or butter. Breakfast burritos made fresh to order, and don’t forget the caffeine jolt from our delightful lattes and cappuccinos. On to lunch? Sandwiches, salads and our homemade soups reign here. So, come on by…let us meet you:) When you are here, you are family! Located at the corner of Delmonico & Rockrimmon, 6602-A Delmonico Drive, Open M-F 6am-4pm and Saturdays from 8am to 2pm. Good food, Good friends and Good service awaits you! 719.599.9411 NOCON’S GELATORIA Italian Gelato is a healthy treat! Our fruit flavors are gluten and lactose free and our cream based flavors are gluten free. We are located at 8816 N. Union Blvd. Our phone # is 282.3135. We are open Monday thru Saturday from Noon to 8pm.

South Jersey Subs

SOUTH JERSEY SUBS You want a sub? I mean a sub? A real one with only the finest deli meats, cheeses and toppings on the thing? Well, you haven’t been to a sub shop, like South Jersey Subs! Our subs are loaded with goodness in every bite--your mouth is watering and you’ll come back for more! Located at 1726 Brookwood, just one block south of Woodmen, 531-5100. THE AIRPLANE RESTAURANT The Airplane Restaurant’s centerpiece is a Boeing KC-97. Forty-two passengers can actually eat in the plane of the 275-seat restaurant. Rich in aviation history, displaying 100s of pictures, memorabilia and rare artifacts, The Airplane Restaurant offers a great menu featuring burgers, pastas, salads, fresh fish and steaks, including a full bar. The next time you are in Colorado Springs, fly on in. From 1-25, Exit 139 (Fountain Blvd.) east past Powers Blvd. Just look for the plane! For reservations or more information, please call 570.7656 LANNA THAI Briargates only authentic Thai and soon to be voted the “Best Thai in Colorado Springs”. All dishes prepared with the freshest ingredients. Try the famous “Pad Thai” or “Pa-nang curry”. Best Thai beer selection in the Springs. Opened Monday - Saturday for lunch and dinners. Located at 8810 N. Union (NW corner of Research and Union in the Albertson’s Shopping Center) 719.282.0474 ROCCO’S ITALIAN RESTAURANT Want an Italian restaurant with fresh pastas, home-made lasagna, mouth-watering charbroiled steaks and seafood? Then look no further than Rocco’s. Serving Colorado Springs since 1982, Robert and Laurie have made Rocco’s a must-eat destination for years. Enjoy our exciting dinner specials made every day. With a full bar and a banquet room, this is the perfect place for all your family, business and special occasion events! Centrally located at 3878 Maizeland, (NE corner of Maizeland and Academy) Serving lunch Tuesday through Saturday, and dinner Tuesday through Sunday. 719.574.1426 TASTE OF PHILLY Located on the NW corner of N. Carefree and Academy, this is truly Colorado Springs’ hidden gem. Feel like your back in Philly with one of our mouth-watering Philly cheese steaks. We make them to order, to your liking and with the best and freshest ingredients. Hoagies, salads, subs and everything in between. Try our famous fried mushrooms and onion rings too! 719.638. 0200 MANDARIN BISTRO Mandarin and Thai flare, this restaurant has the best in authentic Asian foods. Take-out or free-delivery within a 5 mile radius. Located at 1831 Briargate Blvd (right across from The Chapel Hills Mall and on the SW corner of Chapel Hills Drive) Phone: 719.532.0110 or 719.532.0111. Open: Mon-Fri, 11am-9:30pm, Sat 12noon to 9:30pm. FIESTA JALISCO Home of Authentic Mexican dishes, we specialize in bringing Mexican dishes right to you! Our comfortable and beautiful interior makes this restaurant the perfect place for dinner and lunch with your family and friends. From taco salads to our delicious fajitas, you have to see our extensive menu. We are located on the NE corner of Stetson Hills and Powers, 6074 Stetson Hills Blvd. 719.573.8813, open Sun-Thurs from 11am-9pm and on Friday and Saturday from 11am-11pm. Bienvenidos A Su Casa! PUEBLO VIEJO Easy access from Academy Blvd…near the intersection of Vickers and Academy, Pueblo Viejo brings extraordinary service and excellent authentic Mexican food to Colorado Springs. In a hurry? No problem, our lunches are made fresh and fast, so you can enjoy yourself without being rushed. Come in for dinner, have one of our specialties Margarita’s and when the weather is spectacular enjoy dinner on our beautiful patio. 5598 N. Academy Blvd. 719-266-1999 MCCABE’S TAVERN If you are looking for a great place to have a pint and some great food, then look no further than McCabe’s Tavern. Located in historic downtown Colorado Springs, McCabe’s features some of the best Irish fare in town. It is also a mainstay for anybody that is looking to relax in a traditional Irish style pub. McCabe’s also makes sure that the soccer fan is well covered with it’s big screen televisions broadcasting everything from the MLS to the English Premier League. It would be very hard pressed to find a better happy hour than what McCabe’s can offer. With its awesome specials on food and great beer, it is the perfect place to get together after work or on the weekends. So the next time you and your friends are looking to hang out with spectacular food and drinks, you need to find your way into McCabe’s Tavern. BLACKJACK PIZZA PIZZA IS OUR PASSION! Four locations in Colorado Springs: Academy @ Hancock, Centennial @ Garden of the Gods, Kelly Johnson @ Academy, Unitah @ 19th. Specials everyday,. Visit our website www.blackjackpizza.com for coupons and more information.


National Perspectives

Webster, ObamaCare, and the Net Effect By Michelle Morin Featured Writer What would the founding fathers have thought about Obamacare? For an accurate reflection of their worldview and vocabulary, let’s consult the founding father of scholarship and education, Noah Webster. Because understanding the language of our founding fathers in its original context is critical to understanding the purpose of our founding principles. Webster’s 1828 American Dictionary of the English Language simply defines the term Unconstititutional as: “Not agreeable to the constitution; not authorized by the constitution; contrary to the principles of the constitution.” Based on Mr. Webster’s definition, let’s break it down and ask: Is government healthcare legislation agreeable with the Constitution? Is it authorized by the Constitution? Is it contrary to the Constitution?

Government Healthcare: Is it Agreeable or Contrary to the Constitution? First consider just a handful of the irrefutable results of the government healthcare being voted on by Congress: • The individual mandate requiring individuals to have insurance by law sets jail-time for those refusing to purchase health insurance. • The guaranteed issue – prohibiting insurers from excluding applicants – results in de-privatization of the healthcare market and higher insurance premiums.

• De-privatization of the healthcare market stunts advancements in medical research, development, and innovation, and creates doctor shortages. • A Federal Health Board results in rationing, “death lists” (wait lists for vital care), and overall degradation in quality of healthcare, all to be determined by unelected bureaucrats. • The employer mandate results in fewer jobs and lower wages due to increased costs to all business, but places an especially huge burden on small business. • Increased costs to business translate into higher consumer prices. • Government healthcare ultimately imposes a “Ponzi scheme” type of tax burden of $6.25 trillion over the first 10 years, a self-perpetuating debt to be borne by our children, grandchildren, and great-grandchildren. • And on and on… Weigh the results of government healthcare against our basic Constitutional principles of individual freedom, liberty, limited governmental power, and free markets. Compare them to Webster’s definition of “unconstitutional,” and ask yourself: When such legislated adversity affects every citizen of the United States, is the legislation behind it actually “agreeable to” Constitutional principles? Is it “contrary to the principles of the Constitution?”

Government Healthcare: Is it Authorized by the Constitution?

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Multiple constitutional scholars agree that nationalized healthcare legislation is unconstitutional. Most arguments center around the “Necessary and Proper Clause,” or Article I, Section 8, clause 18. Article I, Section 8, specifically lists the following powers granted to Congress: • 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 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 In a December 10, 2009 Heritage Foundation article titled “Is Obamacare Constitutional?” Amanda Reinecker explains that these powers under the Constitution do not validate an individual mandate, as it would open the door to future abuses, and Congress could then do anything. In an August 14, 2009 WorldNetDaily article titled “Obamacare: What Does the Constitution Have to Say?” Chelsea Schilling interviewed The Tenth Amendment Center founder Michael Boldin. Mr. Boldin told Schilling that “regardless of their political affiliation or position on healthcare, citizens must ask themselves whether they truly want a government that has no limits.” Schilling’s interview with Boldin continues, “ ‘No matter what side you are on, you don’t want a government that can do whatever it wants whenever it wants because it becomes dangerous,’ he said. ‘This is what the Founding Fathers and the entire founding generation had to fight against – a king who could set his own rules and

make them up as he goes…when you allow government to do whatever it wants, you are guaranteeing tyranny.’” Thomas Jefferson said: “A government big enough to give you everything you want is big enough to take away everything you have.” A government big enough to give us “everything we want in healthcare” is going to be big enough to take away many of the rights we have. After all, if the government is paying for our healthcare, does not the government then have the right to determine what kind of healthcare we receive? Back to Webster: is this the kind of governmental power “authorized by the Constitution?”

Government Run Healthcare: The Net Effect Consider that government bureaucracies have become a form of administrative law in the United States. Here’s how it works: When Congress identifies a “problem,” legislators create and pass laws… those laws in turn create both unelected and unaccountable agencies with bureaucrats who draft and enforce “regulations”… those regulations then have the effect of administrative law to solve the purported problems. The net effect to America is this: Constitutional law is degraded and irrelevant, superseded by bureaucratic administrative law. With that in mind, the healthcare bills in Congress will create over 100 new bureaucracies. That would be over 100 brand new arms of the law to regulate our lives and completely undermine the Constitutional law of the land. When legislation is enacted that serves to erode and eventually destroy the legitimacy of the Constitution, by default, is not that legislation’s “net effect” unconstitutional, as Noah Webster defined it? WEBSTER on page 19


Cap-and-Trade Prospects Dim in 2010 By Jeff Crank Featured Writer Cap-and-trade, which will force AmeriReid (D-Nev.) will likely need every sincans to fight for ever-decreasing amounts gle Democratic senator to vote with him, of energy, is a jobs killing, tax raising to reach the 60-vote threshold needed scheme. The proposal would cap carbon to invoke cloture and move the bill foremissions, lower those caps over time and ward. Sen. Lindsey Graham (R-S.C.) is force energy costs to skyrocket while we furiously negotiating with Sen John Kerry fight each other for the privilege of heating (D-Mass.) to revive cap-and-trade, but if our homes or driving our cars. moderate Democrats remain opposed to Cap-and-trade may be on the verge of the bill, they will stop it. defeat. Citizen activists, including tea party Bad ideas never seem to go away in groups and Americans Washington, but if for Prosperity, banded ‌the Obama Administration is cap-and-trade does together across the stepping in to pursue the same fail this year, with country to educate huge Democratic mathemselves and their economically ruinous pact by jorities in Congress Congress and and a Democratic neighbors on the crip- circumventing pling impact cap-and- pushing painful EPA regulations president ideologitrade would have on in place of cap-and-trade. cally committed to the nation’s still fragile the scheme, there is economy. Education turned into organia chance it could be dead for good. There zation, organization turned into rallies, may simply be no more political will and rallies turned citizens who were disafamong federal lawmakers to sacrifice their fected and disconnected into a force that is careers to advance a cap-and-trade bill the poised to bring down the job-killing cappublic knows is nothing more than a thinand-trade energy tax bill. ly veiled tax and power grab. Democrats in Washington still have Although cap-and-trade may be falhuge majorities in both chambers of Contering on Capitol Hill, the Obama Admingress, but—as 2010 is an election year— istration is stepping in to pursue the same politicians are paying keen attention to economically ruinous pact by circumventvoters in their districts. And the message is ing Congress and pushing painful EPA clear, voters hate cap-and-trade. A recent regulations in place of cap-and-trade. The poll found that three-quarters of responEPA is trying to use the 1970 Clean Air Act dents oppose cap-and-trade if it would to regulate greenhouse gases, something raise their electricity bills just $25 a month, the Act was never designed to do. Carbon and it will likely have a much bigger imDioxide is emitted by nearly everything pact than that, with President Obama inon earth, including humans, so regulating famously warning us that cap-and-trade greenhouse gases and taxing their emiswould cause electricsions will necessarily ity rates to “neces- A study by the National raise the cost of every sarily skyrocket.â€? The Association of Manufacturers product on earth. The window for shoving EPA admits that as found that by 2030 the House- many as 6 million new bad policies down the throats of the Ameri- passed version of cap-and-trade entities would be subcan people is closing would cost Colorado up to 35,800 ject to permits, a burif Washington politi- jobs, increase gasoline prices up den that would cost cians want to hang to 27 percent and drive electricity the economy many onto their jobs. With millions of dollars and prices up 61 percent. the Democrats insisttie the agency in knots ing on forcing through a widely-hated trying to review the applications. Washington takeover of healthcare, passCongress must step in and tell the ing an equally hated cap-and-trade energy EPA the Clean Air Act should not be used tax could be too much for endangered infor greenhouse gases, an opportunity the cumbents to swallow. Senate may have soon. Sen. Lisa MurkowsThe stakes couldn’t be higher for Colki (R-Alaska) may present an amendment orado. A study by the National Association blocking the EPA’s actions. Any senator of Manufacturers found that by 2030 the who does not help block the EPA will have House-passed version of cap-and-trade to explain to voters why they support buwould cost Colorado up to 35,800 jobs, reaucrats usurping the authority of elected increase gasoline prices up to 27 percent officials to enact backdoor global warming and drive electricity prices up 61 percent. regulations. While the economy is beginning to show The cap-and-trade story has the maksigns of life, Colorado is still struggling ings of a great grassroots victory. The people with nearly 7 percent unemployment. made their voices heard after learning the Cap-and-trade would wallop our energy costs of a disastrous House-passed bill, and sector, which has somewhat cushioned the now Democratic senators are increasingly effects of the recession. Economically, it wary. Activists need to keep the pressure on would send us from bad to worse when we and stop not just cap-and-trade, but any atshould be headed for recovery. tempt to dramatically increase energy pricFortunately, the grassroots backlash es, by legislation or regulation. against the healthcare and cap-and-trade Mr. Crank is the Colorado State Director, schemes may have sobered the Senate on Americans for Prosperity. cap-and-trade. A group of moderate Senate Democrats have joined a united Republican caucus publicly expressing opposition to cap-and-trade. Sens. Ben Nelson (D-Neb.), Evan Bayh (D-Ind.), Mary Landrieu (D-La.), Kent Conrad (D-N.D.) Government’s view of the economy and Mark Pryor (D-Ark.) came together could be summed up in a few short to urge the White House not to push capand-trade proposals in 2010. Sen. Michael phrases: If it moves, tax it. If it Bennet (D-Co.) should join this group and keeps moving, regulate it, and if it make clear that Colorado has as much to stops moving, subsidize it. lose as any other state if a huge new energy tax is enacted. Senate Leader Harry —Ronald Reagan

National Perspectives WEBSTER continued from page 18

The Congressional Oath Our founding fathers’ number one underlying principle was to protect individual rights‌ those unalienable, natural rights endowed on us by our Creator. The ensuing job of government, as outlined in the Constitution and the Congressional oath, was and is to protect those rights. This is the oath of office every US Congress person takes, and by which they are bound: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic‌So help me God.

Given the results of government healthcare, it easily qualifies as a domestic enemy to the Constitution. Under our Constitution, government healthcare

should never have been a legitimate or negotiable option, yet few lawmakers have stood on this principle alone. Government healthcare ultimately strips away Constitutional legitimacy and puts the law into the hands of unelected bureaucrats. It empowers Congress to punish Americans for failing to provide for the healthcare needs of others. Individual rights are trampled as lawmakers empower themselves to initiate force on us, justified by their belief that we all have a moral obligation to meet the healthcare needs of others. We’re in a perilous time when our lawmakers are passing any legislation that is not agreeable with, not authorized by, and contrary to the Constitution. So, what would our founding fathers have thought about Obamacare? Based on Webster’s definition, they would have declared it clearly and simply unconstitutional.

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National Perspectives

Gun Rights Hang in the Balance By “Thomas Paine” Contributing Writer

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Voters and activists on both sides of the the Declaration of Independence and was gun control issue are already white-knuckthird President of the United States, said, “It led over the implications of an upcoming is every citizens’ right and duty to remain case in the U.S. Supreme Court. On March armed at all times.” Even George Wash2, 2010, the court will begin hearing arington weighed in on the matter, saying, guments regarding the case McDonald v. “Firearms stand next in importance to the City of Chicago. The subject of debate is Constitution itself. They are the American whether or not the Second Amendment to people’s liberty teeth and the keystone unthe U.S. Constitution (the right to keep and der independence.” bear arms) applies to local and state govIt was these and numerous other ernments. quotes from our Founding Fathers that alIn 2008 the court ruled in District of lowed the Supreme Court to see the Second Columbia v. Heller that the Second AmendAmendment in the context in which it was ment applies to individuals, but only in rewritten – one in which it was expected that gard to federal laws. all citizens would be In the ruling, the Should the change in Supreme armed. court held that, “The However, the Court Justices cause the court to Second Amendment only question that protects an individ- rule 5-4 in the opposite manner was answered in ual right to possess a of the Heller case, then states and Heller was whether firearm unconnected municipalities will be given free that interpretation with service in a mi- rein to restrict citizens’ Second applies to federal laws litia, and to use that Amendment rights, including a and those within the arm for traditionally District of Columlawful purposes, such total ban on gun ownership. bia. The question of as self-defense within the home.” whether the Second Amendment prevents The Second Amendment reads, “A state and local laws from restricting a citiwell regulated militia, being necessary to zen’s right to keep and bear arms remains the security of a free state, the right of the unanswered. people to keep and bear arms shall not be The issue in the current case involves infringed.” the fact that the City of Chicago outlaws Opponents of individual gun rights possession of any non-registered firearm, suggested the Second Amendment was inbut specifically does not allow handguns tended merely to arm the National Guard, to be registered. The Village of Oak Park, citing the clause, “A well regulated militia...” Illinois, has a similar statute, and is also inBecause the National Guard is our nacluded in the McDonald v. Chicago case. tion’s modern-day militia, they argued the These laws are very similar to the situation amendment only applied to those citizenin the District of Columbia prior to the soldiers. Heller ruling. However, gun rights advocates were The crux of the argument in McDonsuccessfully able to argue the opposite, citald is whether the Second Amendment ing the fact the National Guard was not creapplies to state and local governments ated until 1917, or 126 years after the ratithrough the Fourteenth Amendment. Prior fication of the Bill of Rights (1791), which to the Fourteenth Amendment’s passage included the Second Amendment. How in 1868, it was largely believed the Bill of could the Second Amendment have applied Rights only applied to federal laws – states to an institution that did not exist until over and municipalities could restrict a person’s a century after it was ratified? Gun rights Constitutional rights. Since its passage, advocates argued that it logically could not however, the “due process clause” has been have, and the Supreme Court agreed. used to restrict states and municipalities Further strengthening the argument from infringing on almost all the rights was the court’s recognition that when the enumerated in the Bill of Rights. Second Amendment was written, “The The Heller case probably will not be ‘militia’ comprised all males physically caa good predictor about the outcome of pable of acting in concert for the common McDonald. Heller was a 5-4 decision, and defense.” When the Second Amendment one of the five Justices who voted in favor, was written there was no organized, instiDavid Souter, has retired. He was replaced tutionalized militia such as the National by Justice Sonia Sotomayor. As an AppelGuard or Army Reserve. The militia, as the late Court judge in the Second Circuit, Socourt recognized, was “all males physically tomayor ruled in Maloney v. Cuomo that capable...” This is where the romantic image the Second Amendment does not apply to of the “minutemen” comes from – when states and municipalities. danger loomed, average citizens grabbed The Ninth Circuit Court of Appeals their rifles off the mantle, elected a leader, disagreed in Nordyke v. King, however, and fought to defend their homes against specifically stating in their ruling, “We are the threat. therefore persuaded that the Due Process Many of our nation’s Founding FaClause of the Fourteenth Amendment inthers weighed in on the issue when the corporates the Second Amendment and Bill of Rights was being written and deapplies it against the states and local govbated. Richard Henry Lee, a signer of the ernments.” Declaration of Independence and member Should the change in Supreme Court of the Continental Congress, said, “A miliJustices cause the court to rule 5-4 in the tia, when properly formed, are in fact the opposite manner of the Heller case, then people themselves…and include all men states and municipalities will be given free capable of bearing arms…” Lee broadened rein to restrict citizens’ Second Amendthe concept even farther, stating, “…it is ment rights, including a total ban on gun essential that the whole body of people alownership. On the other hand, if compelways possess arms…” ling and historical arguments convince JusJohn Adams, also a member of the tice Sotomayor that the entire Bill of Rights, Continental Congress and our nation’s secincluding the Second Amendment, are inond President, said it perhaps more simply: corporated in the due process clause of the “Arms in the hands of citizens may be used Fourteenth Amendment against states and at individual discretion…in private selfmunicipalities, gun rights advocates will defense.” Thomas Jefferson, who penned score a major victory.


National Perspectives

Climategate: The Global Warming Scandal By JM Peterson Contributing Writer We have all been told by environmentalists and green politicians alike for years that a consensus on climate change has been reached, the science is settled, the debate is over, and it is time for action. Many people may be only superficially aware, if aware at all, of the “Climategate” incident. This is due, in no small part, to the handling of the issue by the mainstream media. This past November, the Climatic Research Unit (CRU) in Britain was hacked into by as yet unspecified persons, and many thousands of e-mails, literally a decade’s worth, between climate scientists, press reporters and others were released to the outside world. Many of these e-mails contain other-than-appropriate communications about the handling of data that did not match the climate model predictions, not least of all was the fact that most temperatures have dropped rather than risen. Buried in the ten years’ worth of e-mails were the manipulation of data and the suggestion that certain findings need to be over-dramatized, as well as disturbing talk of joy over the death of a global warming skeptic. Scientists must hold themselves to the highest standards of academic integrity and truthfulness. Ask any college student who has had to write a research paper; they must always use sources from reliable peer-reviewed journals and must keep emotions and opinions out of the discussion.

Sadly in this case, a large number of scientists worked together to spread alarmism and misleading information, leaving out pertinent information in order to skew their research and graphs to their own bias, and completely falsified other information. Some data were left out of research reports; others were buried in other data, but most were not included. This is a sad discovery because it shows that some scientists may have begun their research by searching for the truth to a mystery, but when that truth did not match their predictions, (ironically, when it became an “inconvenient” truth), they let politics make the decision instead of science. According to the Washington Examiner, the not-so-shocking thing is that following Climategate, others unaffiliated with the incident came forward with similar complaints and examples. They included Russian climate scientists from the Institute of Economic Analysis headquartered in Moscow. These scientists shared the astonishing complaint that the British Meteorological Office apparently had changed and excluded data in order to show that, in Russia, temperatures were rising, which runs contrary to the actual data. Meanwhile, another climate scientist, Ben Santer, “one of the lead authors of the 1995 U.N. Intergovernmental Panel on Climate Change Working Group I report, one of the primary documents of global-warming theory, came forward. Mr. Santer admitted

that he deleted sections of the document that stated that humans were not responsible for climate change.” Many may not see this as a very big deal, but consider the following: suppose a person went to a doctor, concerned that he had cancer. If the doctor was convinced from the get-go that he did have cancer, his doctor would run every test available to find out for sure. However, all the tests show that the patient is perfectly healthy and does not have cancer. The doctor would not put him on chemotherapy in the face of these results! However, with global warming alarmism, including the recent Copenhagen conference, that is exactly what has happened. Despite the overwhelming evidence that global warming is a natural trend and is not linked to the activities of man, politicians and environmentalists discourage dissent and are asking for the equivalent of political chemotherapy for the planet when it is healthy. Despite all of this evidence showing that many climatologists and other scientists were knowingly deceiving the public for purely political and possibly monetary reasons, the Copenhagen climate conference went on as planned only a couple of weeks after this story had broken. Those in attendance at Copenhagen showed their hypocrisy by flying to the conference in private jets and airliners which are capable of spewing out more carbon than most cars do in a year – on a single flight. At first, many poorer Third-World nations staged a walk-out in protest that they were not getting enough money from the richer countries in the vast redistribution of wealth scheme embodied in the Danish Text. Thankfully, that decision fell apart, although another agreement, however tentative it may appear, was reached.

This accord was made in spite of the evidence that nearly everything we have been told for ten years about “global warming” or “climate change” is based on false or questionable evidence. This conference dovetails nicely with the possibility of Cap and Trade being revived. Although essentially political suicide for those who support this bill, it would also be economic suicide. This bill, along with EPA regulations on carbon dioxide, is another attempted power grab from the Obama Administration. They are using the excuse of global warming to bring in new environmental regulations that would cause energy and utility bills to rise dramatically, would subsidize green jobs at the cost of other jobs, and would involve the controversial use of carbon credits for companies. These plans would be job-killers and would encumber America with many new and expensive regulations. They would bring another unnecessary, unconstitutional, and wasteful expansion of government and bureaucracy. The pretext for passing any major climate legislation has been proven to be so incredibly flimsy that before any laws are made, an independent, non-political investigation ought to be called into all of the allegations brought forth by climate scientists for the past twenty years. This would be the ethical and wise thing to do before burdening the American economy, and before a single penny of taxpayer money is spent on such legislation.

The most terrifying words in the English language are: I’m from the government and I’m here to help. —Ronald Reagan

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National Perspectives

The Laws of Nature and Nature’s God By Jim Pfaff Featured Writer

We take the right to individual liberty for granted. It seems that most of us believe liberty has been a key concept of government from time immemorial ascertained by man through the mere means of logic and reason. Indeed, it took a revolution of thought and belief to bring real freedom to mankind, but you might be surprised by the source. Throughout history, the innate value of the individual was not universally accepted. Most people lived under the threat of death at the hands of the powerful with little or no rights or legal recourse if they were harmed. In ancient Rome, the father of a household literally held the power of life and death in his family. For most of Rome’s history, Roman custom gave the father of a household—designated by the legal term Pater Familias—the responsibility of enforcing and exampling Roman law on his household. Any property obtained by the older children belonged to the family as a whole and were fully controlled by the father of the household. A male child could not obtain the position of Pater Familias until the death of his father. This extended to grandchildren as well. Children could be sold into slavery. The Pater Familias was even required by law to kill any children who were “obviously deformed” in order to help the Roman race survive in strength, rooting out weakness. Thus, in Roman culture as in most ancient cultures, individual rights and value were given only to a select few men. Until very recent history, government institutions in their various forms granted no innate legal rights to individuals born

under its protection. Most societies were abundantly clear what is the origin of hugoverned by kings who owned not only man freedom: the entirety of the land they controlled but When in the Course of human events also had full rights to dictate law and punit becomes necessary for one people to disish their subjects in whatever manner they solve the political bands which have condeemed appropriate with no recourse. nected them with another and to assume Even in Ancient Greece and Rome among the powers of the earth, the sepawhere citizenship gave clear rights to the rate and equal station to which the Laws of individual, that privilege was not autoNature and of Nature’s God entitle them… matically given based We hold these truths on one’s country of …all human beings have an innate to be self-evident, birth. It was given prithat all men are cremarily to men and to freedom and rights associated with ated equal, that they women on a limited that freedom which do not come are endowed by their basis. Children were from government and should not Creator with certain not given the rights of be taken away by government. unalienable Rights, a citizen until adultthat among these are hood. And if one was born in Greek or Life, Liberty and the pursuit of HappiRoman territory without being a citizen, ness—That to secure these rights, Governthose rights had to be purchased or given ments are instituted among Men, deriving through the influence of someone in high their just powers from the consent of the position. governed… For the last 300 or so years in Western The Declaration is the definitive exculture, the concept of freedom expanded. pression of the foundation for individual We accept without much argument that all liberty. People all over the world and in human beings have an innate freedom and many different cultures know that the Decrights associated with that freedom which laration is the ultimate statement of our do not come from government and should freedom. The words used make it abunnot be taken away by government. But dantly clear: Men receive their liberty dimost people give little thought to the orirectly from God, not by the will of some gin of that freedom. If the state doesn’t give group of men or any government instituor have a right to take away our freedom, tion. Governments formed among men then who or what does? The answer to this are responsible before God to protect the question should be evident to us all. That rights of the individual and not to usurp freedom comes from God. them. And when governments stop proThe ultimate expression of this contecting those rights or seek to overtake cept is found in the American Declaration them, men have a right before God to alter of Independence. If we read these words or abolish that government. written by Thomas Jefferson closely it is This radical belief was mocked in its day, but it has stood the test of time. Yet there is a great debate about the religious aspects of this statement of freedom. Because those who wrote it were influenced by the Bible, it is hard for modern religious skeptics to accept its religious origins. However, there is no individual liberty without a belief in the innate value of every human being which originates outside the state. And it wasn’t until the Reformation that the value of the individual before God

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and the rightful liberty of the individual became universally accepted. Some point to The Enlightenment as the carrier of this concept of individual liberty. It is true that The Enlightenment, which began just prior to the American Revolution, played a major role in expanding the concept of individual liberty. It was a movement not of religion but of the mind and reason. Some Enlightenment thinkers would have called themselves Christians but all of them based their arguments in reason as opposed to theology. However, it was through the advance of the Gospel in Europe throughout the Reformation which taught that man can have a personal relationship with God – independent of government and religious institutions or social status – that individual liberty became a universal concept. Freedom is not free. It can through neglect be lost over time. In 2009 we saw the most significant effort since FDR to expand government intrusion into the life of individual Americans. In 2010, we may be on the verge of giving the government control over our individual healthcare—one of the most intimate aspects of our lives. Global warming alarmism over the last three decades may lead to government control through the EPA of every emission of CO2. Government in the United States is looking less like the protector of individual liberty and more and more like a socialist directorate ordering every aspect of our lives. Liberty is the natural state of Mankind. The hearts of all men yearn for freedom. This is an eternal truth to which all human beings bear witness in their hearts. We are endowed by our Creator with the unalienable right to life, liberty and the pursuit of happiness because God exists and He bestowed them upon us. This very truth must animate us anew and motivate us to reassert that God-given liberty in our institutions. Jim Pfaff is host of The Jim Pfaff Show weekdays from 11am to Noon on 560 KLZ, Denver. He is also the editor and publisher of www.OpinionTimes.com.

The authority of the (state) is not limited by checks and controls, by special autonomous bodies or individual rights. The concept of personal liberties of the individual as opposed to the authority of the state had to disappear. There are no personal liberties of the individual which fall outside the realm of the state. The Constitution is therefore not based upon a system of inborn and inalienable rights of the individual.” —Ernst Huber, 1933 speech to National Socialist Workers (Nazi) Party


National Perspectives

Positive and Negative Rights and the Effect of Each on Our Liberty

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Let’s start with a definition of the terms positive and negative rights: A positive right is one granted to an individual or group for something of value by the government. The “something of value” may be directly economic or permission for an activity. Examples would be the right to healthcare or to a well paying job. A negative right is one not to be interfered with by the actions of the government or its agents. If granted the power by its citizens, the function of government is to secure these negative, inherent, and natural rights. The U. S. Constitution asserts that the government must use its power to guarantee and secure these rights. Examples would be the right to free speech, the right to property or the right to keep and bear arms. To put it briefly, positive rights require the action(s) of the government. In contrast, negative rights prohibit the action(s) of the government. In the case of negative, natural or inherent rights the government is the guarantor, not the originator of these rights. However, with positive rights the government is the originator, designer, grantor and enforcer. As our Declaration of Independence from Britain proclaimed, “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…” The assumption of our Founders was that as humans we are born with the inalienable (modern usage) rights of life, liberty and the pursuit of happiness (the original phrase was life, liberty and property) and government is established only to secure these rights with the people’s consent. In 1774 Thomas Jefferson summarized the debate of many others in the colonies about the possibility of independence with his brilliant article “A Summary View of the Rights of British America.” He indicated that even the all-powerful British king was but a servant of the people, not the other way around. These views were greatly influenced by John Locke’s “Second Treatise on Government,” written approximately 100 years prior, in which Locke extolled the virtues of meritocracy. This was the foundation upon which the concept of the primacy of individual and natural rights was established for the British people including the American colonials. As long ago as the Magna Carta (1215) British common law had advanced the concept that rights do not arise from the Monarch (Government) but that liberty, property and contract are inherent components of British citizenry. The U. S. Constitution carries forth this concept in its very preamble and beyond, “We the People…do ordain and establish this Constitution.” In Article I “All legislative powers herein granted shall be vested in Congress.” That these powers are clearly limited is verified by the specific listing of them in Article I section 8. The 10th Amendment in the “Bill of Rights”

reinforces this, stating “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.” The idea of “Positive Rights” has continued to emerge throughout the last 100 years. Examples are delineated in President Franklin D. Roosevelt’s 1944 State of the Union Address: 1. “The right to a useful and remunerative job…” 2. “The right to a good education.” 3. “The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies…” 4. “The right to adequate protection from the economic fears of old age, sickness, accident and unemployment.” 5. “The right to adequate medical care and the opportunity to achieve and enjoy good health.” 6. “The right of every family to a decent home.” 7. “The right to earn enough to provide adequate food, clothing and recreation.” FDR’s preamble to these rights stated, “We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. Necessitous men are not free men. People who are hungry and out of a job are the stuff of which dictatorships are made.” “In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all—regardless of station, race or creed.” Cass R. Sunstein, a contemporary of President Barack Obama on the faculty at the University of Chicago Law School, contends that FDR’s revolution is unfinished and that “… we need it more than ever.” He is currently a top advisor to Barack Obama. President Barack Obama has been quoted as saying that the Civil Rights Act of 1964 and the Affirmative Action policy as well as the judicial decisions in their support do not go far enough in that only “Negative Rights” are enforced. He believes in “Positive Rights” enforcement which would empower the underprivileged with equal and compensating opportunities. How specifically do positive rights hinder and negative rights enhance our freedoms? 1. Positive rights lack permanence. Since the government is the originator, designer, grantor and enforcer any change of government leadership could change the characteristics of these rights. In a democratically elected government a change in leadership could even result in the abandonment of right(s) previously granted by the prior leaders. New interest groups supportive of the change in leadership will likely petition for these changes. Even more so in an authoritarian or totalitarian government, individuals or groups can fall in and out of favor and rights previously granted by the “supreme despot” can suddenly evaporate. Since negative rights precede the existence of the government they are less easily altered or abandoned. In the U. S.

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National Perspectives

Whither National Defense? By Maj. General, USAF (Ret.) Bentley Rayburn Featured Writer Our Constitution is a grand plan for governing a free people with a limited form of republican—or representative—government. The philosophical bedrock of founding documents, our Declaration of Independence, lays out three good reasons for government—the protection of life, liberty and the ability to pursue our happiness (enabled by our right to maintain and protect our property, which allows us to pursue our happiness as free people). The only reason we need to have a government at all is because people are (dare I say it?) sinful creatures and are capable of unspeakable evil against their fellow man. This is true at the local level between neighbors and it exists on a grand scale between nations. It also means that since governments are made up of people, governments themselves can be capable of unspeakable evils and must be constrained—limited—and watched. Philosophically, self government starts in the home. The family is the basic building block of society and thus the family is the basic building block of government. Higher levels of governments are only necessary to do those required tasks that lower levels of government cannot do. Individuals can and ought to protect their family and home, which is one reason that the preservation of the 2nd Amendment is so important. But families are not really capable of providing a police force or fire fighting force to protect a community, while cities and counties can. Families, cities, and states are not in a position to organize, train and equip a modern military force necessary to keep international threats at bay or engage and

defeat them if necessary. That is why it falls to the federal government to do so. The founders outlined in the Constitution national defense as one of the few responsibilities that truly does exist at the federal level. The Constitution is brief on national defense and the conduct of war, though in the preamble it mentions the provision of the common defense as one of the fundamental reasons for having a Constitution in the first place. In the concluding paragraph of the Declaration of Independence, Jefferson lists ‘levying war and concluding peace’ as the first in a list of rights belonging to Free and Independent States. The Constitution gives to the Congress the responsibility to declare war and to provide for the common defense by raising and funding the Army and Navy. Importantly, the Constitution gives to the President the sole responsibility for acting as Commander-in-Chief of the military. By giving him the power to make treaties with foreign governments (with the consent of the Senate) it clearly gives the President the lead in the conduct of foreign policy, including the development of a national security strategy. If national defense is an appropriate role for the federal government, what are

We the people, and the government as our representative, have a moral obligation before we risk one life in mortal combat to count the cost of risking that life against what is to be gained for the peace and security of our country.

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its bounds? As mentioned, the purpose of national defense is to protect life, liberty and the property of Americans. Clearly, it is sometimes necessary to risk life to protect the nation. But if we risk the lives of our citizens when there is no threat to the country or when there is a threat but no plan for victory over our enemies, then we violate the first principle of government to protect life. When the conduct of national defense has a higher cost in lives and treasure than what it is attempting to protect, it has become anathema. I acknowledge that is not always easy to determine, but that ought to be our goal in national security strategy. The so-called Powell or Weinberger Doctrine laid out a way to think about these things. Among other important guidelines it asked questions that had to be answered in the affirmative if military force was to be used by the United States: Is a vital national security interest threatened? Do we have a clear attainable objective? Have the risks and costs been fully and frankly analyzed? Have all other nonviolent policy means been fully exhausted? Have the consequences of our action been fully considered? These are important questions because fundamentally they go right to the core issue of the value of human life. We the people, and the government as our representative, have a moral obligation before we risk one life in mortal combat to count the cost of risking that life against what is to be gained for the peace and security of our country. There may well be a ‘clear and present danger’ from a foreign power—or today from a non-state organization like Al-Qaeda—that would justify our going to war to protect our liberty, freedom and property at home. (Importantly, we don’t go to war to protect our “American Way of Life.”) But if the politicians have no intention of ever winning that war, then it would be wrong for us to engage and risk the life of one American in that folly. This is a concern for Afghanistan today. If you accept, as I do, that there is a real national security threat emanating from Afghanistan and that we must take care of it to protect the United States, then the only rational plan is to do what is necessary to be victorious. If the politicians

are not going to do what it takes to win, if they are only going to make the moves necessary to protect their own political hides, then we should be out of there this instant. Putting American lives in jeopardy abroad with no intention of securing the protection of Americans at home is criminal. The founders understood this. For example, while President Washington is oft quoted to warn of the dangers of political entanglements with foreign powers, he also was clear that a strong national defense was imperative for the young country. In his First Annual Message to Congress, a very upbeat and encouraging speech, he made his most significant point the importance of a strong national defense. To the Congress he said, “Among the many interesting objects, which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for War is one of the most effectual means of preserving peace. A free people ought not only to be armed but disciplined; to which end a uniform and well digested plan is requisite… [W]e ought to be prepared to afford protection to those parts of the Union; and if necessary to punish aggressors.” Washington and the other founders understood that national defense is the responsibility of the federal government as laid out by the Declaration of Independence and Constitution. National defense is also the primary responsibility of the President as Commander-in-Chief to keep this country safe and free from external (and internal) threats. While it is a proper role of the federal government, they understood that its conduct has boundaries. It is clear that it is worth the necessary investment, but that doesn’t mean we should spend with no regard to the budget. Today there are existential threats to our liberty and freedom (not all from off shore). Those of us who have served in uniform took an oath to protect the Constitution from external and internal threats. But life is precious and must only be risked when the threat demands our action, the cost for failure is higher than the cost in lives and treasure, and victory is our goal. For these reasons, President Obama owes the military and the American people a clear plan for victory in Afghanistan. Failing that, he should order a complete and immediate withdrawal. Bentley Rayburn retired from the United States Air Force as a two-star general. He served as the commander of the Air War College and the Air Force Doctrine Center.


Obama’s Noble Nobel Effort

National Perspectives

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Sometimes President Obama gets it right. So, giving credit where credit is due President Obama gave the best acceptance speech he was capable of when receiving his Nobel Peace Prize December 10th in Norway. There are plenty of valid criticisms that could be expanded upon. The President had absolutely no accomplishments to warrant his nomination, much less actual award of the Nobel Peace Prize, when he was nominated in February after only one month in office. The President could have refused the prize because of his lack of accomplishments. He could have sent a survivor of the 9-11 attack on the Pentagon or one of our wounded warriors from the war in Afghanistan to accept the prize on behalf on the United States as a whole. Suffice to say there’s plenty of criticism not only of Obama in this matter, but also for the Nobel Committee itself. The once esteemed Nobel Peace Prize has become the political plaything of the global elite. The committee often seems bent on making a political statement rather than honoring someone that has truly advanced the cause of peace in the world. Can there be any other explanation for Obama’s nomination? Ignoring, for the time being, that Obama’s speech...hailed by some as the “Obama Doctrine.”.. is at best naive and endangers the United States, let’s give credit where credit is due. Obama delivered as close to a comeuppance to the Nobel Committee as possible given the circumstances, the somber nature of the ceremony, and the shared worldview of Obama and the committee. The committee that honored terrorists like Yasir Arafat and global warming hoaxers like Al Gore was honoring the President that gives constitutional protections to terrorist masterminds and was prepared to surrender American Sovereignty at the altar of climate change. But it didn’t turn out that way. The acceptance speech should have been a love fest, the global elite honoring America’s social elite. Obama reminded the committee that there is evil in the world, and that sometimes, just sometimes, military force is necessary to confront evil. Coming on the heels of the President’s announcement that he was sending an additional 30,000 US troops to Afghanistan, Obama noted the irony of receiving the Peace Prize. Obama said, “we [the United States] are at war, and I am responsible for the deployment of thousands of young Americans to battle in a distant land. Some will kill. Some will be killed. And so I come here with an acute sense of the cost of armed conflict.” Obama seems to have suddenly become aware of his responsibility to defend the nation when he reminded the Nobel Peaceniks, “as a head of state sworn to protect and defend my nation, ...I face the world as it is, and cannot stand idle in the face of threats to the American people.” Thank goodness... some of us were concerned. The most poignant line in the speech was when Obama reminded the committee that evil is a real force in world politics. He stated, “for make no mistake: evil does exist in the world. A non-violent

movement could not have halted Hitler’s armies. Negotiations cannot convince al Qaeda’s leaders to lay down their arms. To say that force is sometimes necessary is not a call to cynicism – it is recognition of history.” As I watched the speech on television it seemed these words stung Thorbjorn Jagland, Chairman of the Norwegian Nobel Committee. President George W. Bush could not have said it better, which is high praise for Obama when it comes to national defense. Worth quoting at length were Obama’s comments concerning the role of the United States throughout modern history in bringing peace, “The United States of America has helped underwrite global security for more than six decades with the blood of our citizens and the strength of our arms. The service and sacrifice of our men and women in uniform has promoted peace and prosperity from Germany to Korea, and enabled democracy to take hold in places like the Balkans. We have borne this burden not because we seek to impose our will. We have done so out of enlightened selfinterest – because we seek a better future for our children and grandchildren, and we believe that their lives will be better if other peoples’ children and grandchildren can live in freedom and prosperity.” Surprising if welcomed words from a President prone to apologize for America’s success and prosperity while overseas. Again, his predecessor, President George W. Bush, might have spoken these words that appeared on Obama’s teleprompter. One could see that the committee, and especially Thorbjorn Jagland, was visibly uncomfortable with Obama’s remarks. While the Norwegian press criticized Obama for breaches in protocol, such as taking a pass on the expected lunch with Norway’s King, there was praise for him as well. The press noted that Obama was accepting the Peace Prize while being Commander and Chief of a nation involved in two wars and was making the case for war to the Committee. Whatever their motivations for accepting the nomination of Obama for the Peace Prize and then actually selecting him, despite the absence of a notable accomplishment for peace on the world stage, the Nobel Committee got more than they bargained for in the end. As with much President Obama does, there’s plenty of room for criticism of his acceptance speech. However, sometimes, just sometimes, Obama says something so profound it deserves note and even praise. The staff at The Constitutionalist Today encourages you to read the full text of President Obama’s speech here. Perhaps finally gaining some actual leadership experience has tempered Obama’s views. Sure, the evidence for this isn’t great, but, there’s always Hope that Obama can Change.

Obama reminded the committee that there is evil in the world, and that sometimes, just sometimes, military force is necessary to confront evil.

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National Perspectives

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Feel Manipulated Yet? By Zach Lee Wright

Senator Ben Nelson from Nebraska was told by the White House that if he didn’t vote for the healthcare bill that Offutt AFB, located in his home state, would be placed on the Base Realignment and Closure (BRAC) list. The original source was the Weekly Standard, which has a record for fact checking before printing. I was so incensed by the White House’s extortionist demand that I immediately called our state’s Senators and voiced my outrage. Neither of my senators was aware of the situation, but they promised to look into it. I then called Senator Ben Nelson’s office, and was assured that his vote was not “For Sale;” that the information was a complete lie. In my persistence with the phone clerk at the Senator’s office, she was obviously irritated that I would not take her word for it – she told me that, “it was a blogger’s attempt to elicit phone calls.” Shortly after, I read a Drudge Report headline: “SOLD: Sen. Ben Nelson to vote for Health Care Bill; Secured Favors for His Home State.” I sat there numb; not because I was lied to – I expect that from politicians, but that the character of this man and others like him is so lax. His call screener wasn’t even willing to listen to my, “even ifs.” He took pay-

offs from the lawmakers who bought his vote; something I was assured wasn’t for sale. Claiming to be against the abortion provisions of the bill, he was going to take a principled stand for life. But when enough money was waved under his nose, his principles evaporated like dew in the morning sun. He’s not the only one. The headlines are riddled with one story after another of what each elected official was able to secure for his/her state. Extra amendments and pork projects are continuously blotted throughout prospective bills. This is an underlying current in our elected officials. They take our money and spend it as if it was petty cash that they don’t need to account for. I, for one, am tired of it. If I went down the street and took someone’s wallet for my “cut” of his profits, I would find myself in jail very quickly. Our Congress, every year, re-writes the tax code and penalizes me and others for working hard and making a decent living. They use the tax code as a manipulation tool which they cleverly exempt themselves from, or ignore completely. When the income tax amendment to the Constitution was added, we were assured by leaders like Woodrow Wilson that the income tax would NEV-

…we were assured by leaders like Woodrow Wilson that the income tax would NEVER go higher than 10%. However, four years later it was 67% due to World War I; shortly after that, there was another emergency and the highest tax rate went to 92%.

Author Mike Holler is an alumnus of both the Master’s College and Biola University, where he studied literary interpretation and translation. He lives with his wife Cathy and four of their seven children in the mountains of Colorado. Mike is a freelance writer and speaker, as well as a frequent guest and guest host on radio. He is also currently traveling with the Tea Party Express, however he is available to speak on the subject of the United States Constitution virtually anywhere in the United States. To reach the author concerning speaking engagements or other inquiries please contact him directly via email: ConstitutionMike@aol.com. Book discounts are available in quantity; as well as for educational, promotional, or premium use. For large orders or special projects please contact the publisher:

26 | The Constitutionalist Today

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ER go higher than 10%. However, four years later it was 67% due to World War I; shortly after that, there was another emergency and the highest tax rate went to 92%. Congress latched on to the power very quickly. In arguing against the income tax amendment, Richard E. Byrd of Virginia said that the amendment would open up a new and dangerous chapter in American government. He also stated, “A hand from Washington will be stretched out and placed upon every man’s business; the eye of the Federal inspector will be in every man’s counting house . . . The law will of necessity have inquisitorial features, it will provide penalties, it will create complicated machinery. Under it men will be hailed into courts distant from their homes. Heavy fines imposed by distant and unfamiliar tribunals will constantly menace the tax payer. An army of Federal inspectors, spies and detectives will descend upon the state.” It’s time for a shift in thought. Before you say that it’s only fair for me to pay taxes, ask yourself a few questions and see what the answer is. (1) Why is it fair for me to pay more than someone else? (2) Why does Congress and the party in power get to decide what a fair taxable amount is? (3) Where does it end? Follow the logic through to the end. Where exactly does a fair amount end, and a shakedown begin? Currently the richest 1% of earners earn 21% of the money and pay 27.5% of the taxes, whereas the bottom 20% of earners pay 0.4% of the taxes. All included, the bottom 60% of earners

only pay 10.4% of taxes. This is not a fair distribution of the tax burden. You who say that the government has an obligation to provide for those less fortunate need to realign your thinking. All that the government has been able to accomplish is to gain an insatiable appetite for power and money and to stifle the poor from bettering themselves. It is my desire to pay my fair share for the items a government does well such as foreign policy and national defense, which are explicitly delegated by the Constitution to the federal government. In my opinion, my fair share is between 10 and 25 percent depending on the national crises at hand. If the government cannot do what they need to do with that amount of money flowing in, they need to go on a diet. We need to stop looking at the government as if it was Robin Hood. Realize that the fabled Robin Hood was stealing from the oppressive government and giving back to the same people they were systematically starving. You have been manipulated by your politicians, the media, schools and others into being jealous of those who make more money, and feel you deserve a piece of what they have. It’s time to realize that the way to have a piece of the pie is to find what you are passionate about, get off your couch, and begin applying all that talent and education you’ve been holding back. Stop listening to the elitists and start making America great again!


RIGHTS continued from page 23 Constitution these can be altered only by the difficult and laborious amendment process. Only with the assumption of a great degree of permanence can a consistent, predictable system of laws and justice (including the required government enforcement of and sanctity of contracts) exist. Predictable law and enforcement of contracts is necessary to a thriving commercial system and a resulting increase in the general prosperity. 2. All positive rights are a creature of government and are of such a nature that one citizen’s positive right must often be forcibly wrested from another. The government must coerce resisting individuals or groups to transfer and secure these from those naturally possessing them. According to the publisher’s online summary for the book, The Costs of Rights; Why Liberty depends on Taxes, coauthors Stephen Holmes and Cass Sunstein argue: “If (positive) legal rights are to be considered meaningful the existence of a government is required to first establish and then to enforce these rights.” The assumption that rights originate with government is of course just the reverse of the concept our founders had that the role of government is to be the servant of the people and the protector of our inherent rights. 3. Positive rights need to consume inherent rights in order to thrive. An example is found in FDR’s 1944 State of the Union Address “the right to a useful and remunerative job…” We all know that a job (excepting self employment) requires an employer and in order for this employer to hire you for a “useful” well paying job he or she must need your skills and be willing to pay you a “good” wage commensurate with those skills. If the employer is unwilling or

unable to do so, his rights would be violated if the employer were compelled by the government protecting your positive rights. The above illustrates that ultimately the Constitution cannot coexist with a system of positive rights. The healthcare reform bill that has been pushed through Congress represent the most invasive violation of our inherent rights as Americans ever combined in one piece of legislation. It is an example of the unprecedented monstrous exercise of power by our government in using positive rights in a huge transfer of wealth and power from the people to those elite groups in control, in the process destroying our Constitutional rights. This is a scenario in which we Americans surrender the very reason the United States is exceptional. It is our inherent right to exist as a free people, with our Constitution as the shield securing our immutable, negative rights. Our founders created the people’s contract with the government expressed in our Constitution. The rights of the people were to be protected and secured by the government. The powers of the government for good and for ill were subject to separations and checks balances. The three branches of the Federal government along with the limited and separate powers of the State and Federal governments were all designed to keep the power diluted. They also believed from the very beginning that the people should remain forever vigilant. The key question was and is, quis custodiet ipsos custodies? – who polices the policeman? The answer is that it must be us! We have no option but to police our government, reimpose the limitations on its power and return to our unique standing as the freest nation on earth, ever.

National Perspectives

Progressivism By Al Maurer Featured Writer

These days the left wing of the Democratic Party has taken to calling themselves “Progressives.” During the 2008 presidential primary debates, for example, Hillary Clinton said she thinks of herself as a progressive. Democrats know the American people are wary of socialism and so, having thoroughly debased the term “liberal” in the 20th century, they have searched to find another term that Americans have good feelings about. What do Americans like better than progress? The turn of the 20th century in America was an era of great optimism: huge numbers of immigrants from Europe fueled a growing industrial economy led by such inventive giants as Henry Ford and Thomas Edison. This was the height of the Progressive Era. In politics, “progressive” had a meaning beyond simply progress. As Ronald J. Pestritto writes:

This should be a very sobering thought. The goal of today’s Democratic Party—in the words of Barak Obama— is to fundamentally transform America. For one hundred years, progressives have sought to regulate “significant portions of the economy and to redistribute private property in the name of social justice.” [2] Have the Democrats been attempting to do anything like that in 2009? Several observations need to be made. First, like any major political or social movement, progressivism had multiple strains and goals. Second, while there was a Progressive Party, progressivism itself became a part of both major political parties. Notable progressives include Theodore Roosevelt and Woodrow Wilson, who faced each other in the presidential election of 1912—Roosevelt as a Progressive and Wilson as a Democrat. Have you ever felt that the two parties are Tweedle Dee and Tweedle Dum? The progressives believed that society evolves along some path of historical development and that government should evolve as well. Ever hear a modern Democrat say that we need “a Constitution for the 21st century?” I have. This belief they hold in common with Marxism; that society is developing toward a utopia and that human nature itself evolves over time toward perfection. Think “New Soviet Man.”

…progressives have sought to regulate “significant portions of the economy and to redistribute private property in the name of social justice.”

What, then, is progressivism?...in short we can think of it as an argument to progress, or to move beyond, the political principles of the American founding.

He goes on to write, Whereas the founders had posited what they held to be a permanent understanding of just government, based upon a permanent account of human nature, the progressives countered that the ends and scope of government were to be defined anew in each historical epoch. [1]

PROGRESSIVISM on page 31

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National Perspectives

Who was Saul Alinsky, and Why Should We Care? By Jim Williams Contributing Writer

“The enemies of liberty are artful and insidious…liberty herself is treated as a traitor and a usurper…against these enemies of liberty, who act in concert…the patriot citizen will keep a watchful guard.” — James Wilson “What follows is for those who want to change the world from what it is to what they believe it should be.” —Saul Alinsky Thus begins Rules for Radicals: A Realistic Primer for Realistic Radicals. Written in 1971 by prototypical American community organizer Saul Alinsky and published shortly before his death, the book has had a pervasive, yet quiet influence within the statist-oriented left wing of the American body politic. Its ideas have captured the moral attention and professional imaginations of many wellknown American political figures today including President Barack Obama and Secretary of State Hillary Clinton, arguably “realistic radicals” in their own right, but unquestionably bearing the Alinsky imprimatur. Alinsky is correctly considered the American forerunner of “hope and change” rhetoric and the architect of much of the deleterious political landscape we see before us. The main thesis of the book is revolution against the status quo and the uses of political power to attain its destruction and transformation. For Alinsky, political power is simply and unavoidably there. It is nothing to be ashamed of or distrusted. It is simply a tool. For Alinsky, “somebody” is using that power or will be using

it, so that might as well be “the radical” with the “better” social vision. According to Alinsky, it is far better to recognize power and its transformational abilities, and control them, than avoid exercising power out of some moral compunction or ideological straitjacket. In this, Alinsky is decidedly Machiavellian in his approach, though not nearly as guarded. With theory and philosophical justification laid out, the bulk of Alinsky’s book is then spent advising the “realistic

It is no secret that the United States is far along down the Alinsky path to total societal makeover by an ideologically determined, unresponsive and radicalized elite who have taken the Rules to heart; an “Elite” who have made the “Long March” through academia, government, and numerous “public advocacy” organizations over the last four decades. Simply put, they think that this is “their time.” Conservative Americans with Constitutional values can see the transformation happen-

[Rules for Radicals’] ideas have captured the moral attention and professional imaginations of many wellknown American political figures today including President Barack Obama and Secretary of State Hillary Clinton, arguably “realistic radicals” in their own right but unquestionably bearing the Alinsky imprimatur. radical” on how to proceed in reaching his goals of societal destruction and reconstruction under the rubric of “scientific revolution.” The book includes sections on judging “means and ends” in revolutionary goal attainment (not pretty but practical), the function of language (it must be used creatively), the “proper”education for a radical (very select), communication (loaded questions in a “crisis” atmosphere) and “Tactics” – “Here our concern is with the tactic(s) of taking; how the Have-Nots can take power away from the Haves.”

ing before their astonished eyes and are rightfully repulsed. So what are concerned conservative “citizen patriots” to make of all this? How then should they proceed defensively to halt the erosion of their liberties and the slide into a statist utopia? How do they begin offensively to roll it back? Without a doubt the followers of Alinsky are “artful and insidious.” Conservatives would do well to keep a “watchful guard.” How do they do this? In practical terms, it means at a minimum, getting and staying informed politically. Conservatives tend to

be an inherently solid and basically happy lot, moving on with their lives within the framework of traditional American values. They are not by nature “political animals.” It takes time and effort to stay up on current events as it relates to the issues of freedom. But citizen patriots will endeavor to keep their eye on the political ball in play lest they find themselves not even in the game and fatally out-maneuvered politically with attendant loss of freedom. Does a conservative need to read Alinsky’s book? No, but an alert and informed conservative should certainly carry out due diligence by researching him and his thought, for that is the stated strategy of the radical opposition. Beyond this, a conservative should get involved in the political process. Learn who pertinent lawmakers are and visit with them by phone, e-mail or letter. Get involved in tea parties. Subscribe to and support media that propagates and defends conservative values. Speak to friends and neighbors. Conservatives have been pushed very hard of late, almost to the point where THEY are the radicals on the margin. That is to be expected, given the level of benign neglect conservatives have shown to the political process over the years. That said, informed and active Conservatives have an interesting opportunity to use Alinsky’s Rules against the radicals who have now become the oppressive and out-of-touch “Haves” in our Government and take the Country back to values that are reflective of freedom.

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American Heritage Washington Crossing the Delaware By “Thomas Paine” Contributing Writer Much ado has been made over the painting “Washington Crossing the Delaware” by Emanuel Leutze since it was painted in 1851. The scene is familiar to most Americans, as it has appeared in nearly every American history textbook. The painting depicts Washington heroically posed with an American flag behind him as his troops row across the icy Delaware River to attack the British during the war for independence. Reality, however, was probably a little different. Careful historical analysis has caused me to think that rather than strike a pose fit for a clothing model, General Washington probably shivered in the cold like the rest of his troops as he prayed, “Oh God, I hope this works.” Washington had suffered a lengthy series of defeats and setbacks during the first year of the war, 1776. The most significant failure had been at the Battle of Brooklyn. Following that staggering and embarrassing loss, Washington lost a series of smaller battles at Kip’s Bay, White Plains, and Ft. Washington. After these defeats, Washington and his army retreated across New Jersey into Pennsylvania, thereby giving up control of New York to the British. This series of defeats affected future operations as well. By retreating, Washington had ensured the British would be quartered in warm cities and towns with roofs over their heads throughout the entire winter. His own troops would take to tent living, and were not equipped to withstand the harsh winter. Many of his soldiers were shoeless, and all went hungry most of the time. Private Joseph Plumb Martin, a regular under Washington, described in his diary numerous occasions in which he left camp in search of food because the army could not keep him fed. (I strongly recommend reading a copy of Martin’s diary.) Enthusiasm for the cause waned. Desertions were at an all-time high, taking a daily toll on Washington’s ability to put an effective force on the battlefield. Illness, a common factor in pre-20th century wars, added to Washington’s woes. As 1776 drew to a close Washington had “a mere handful” of regular troops. He called on New Jersey’s 16,000 militiamen to assist his regulars but only scant more than 1000 responded. Given these difficulties, recruitment was challenging at best. As deserters poured out of the ranks each night and illness weakened the remaining few fighters, Washington himself had difficulty keeping track of just how many soldiers remained under his command. In early December, 1776, he estimated the army had dwindled down to 10,000 effectives, but within a week upped the number to as many as 23,000. Finally, he gave up trying to count and admitted to a member of the Continental Congress he had no idea how many troops he had. One more factor made matters worse: all of the regular army’s enlistments would expire on December 31st, 1776. Washington wisely concluded that without some dashing victory—and with it, hope the

cause would succeed—the Revolution would be over, as few would step forward to fill his ranks. Given all his disadvantages, Washington knew that a decisive engagement on an open battlefield against the best trained, most disciplined, best equipped

Army, seeing the same challenges Washington had noted. He allowed his soldiers to engage in the drunken debauchery so popular at home, and he even neglected to post sentries. The result was an overwhelming American victory, albeit with setbacks.

army in the world would do nothing but send his patriot soldiers to an early grave, and their cause with them. Therefore, he conceived a plan rooted in surprise. German mercenaries (Hessians) made up a large portion of the enemy he faced. Washington knew that both German and British cultures enjoyed heavy drinking, feasting, and dancing on Christmas in those days. So he hoped to take advantage of their lethargy with a surprise attack. Thomas Paine, from whom I borrowed my pen name, authored these famous words at just the right time: “These are the times that try men’s souls: The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands by it now, deserves the love and thanks of man and woman.” Paine’s words in The American Crisis, which was read aloud to the Continental Army, inspired a number of patriots to stay the cause for one more battle, and Washington took advantage of their renewed enthusiasm. Washington planned a threepronged attack against the Hessian garrison at Trenton, New Jersey. His force, by then down to 2400 men, was divided into three divisions. One would attack the British garrison at Bordentown, New Jersey, as a diversion to prevent the British from sending reinforcements. Another, comprised solely of militia, would seize a bridge to prevent the enemy from escaping. Finally, Washington himself would command the main effort, dividing his troops into two units. One was commanded by Major General Nathaniel Greene, who would attack Trenton from the north. Major General John Sullivan commanded the other half of Washington’s division, and would attack the town from the south. The German garrison at Trenton was commanded by Colonel Johann Rall. He and his contemporaries underestimated the fighting capability of the Continental

Washington’s plan did not go exactly as expected, but then again, anyone with combat experience will say the same holds true today. In fact, a blizzard slowed the river crossing by more than three hours, hence my opening remark about how Washington must have sat shivering like the rest of his troops. When the attack finally came, however, the Germans were too drunk to offer much resistance, and they were taken

completely by surprise as Washington had intended. Colonel Rall himself was too drunk to issue coherent commands, and was killed by a blast from an American cannon. Whether the Germans were actually drunk is a subject of debate; some people believe it was a myth created by the Americans to paint their adversaries in a poor light. Sources also vary on the exact casualty numbers, but historian Thomas Fleming says the Americans captured 868 German soldiers, killed 106, and allowed another 300 to 400 to escape. Amazingly, no Americans were captured or killed, except for two who died during the river crossing. Only four Americans were wounded during the battle. Washington briefly contemplated following up his victory by attacking other nearby garrisons; however, he quickly realized the element of surprise was no longer with him and he was vastly outnumbered in the region. Instead, he retreated back across the Delaware unmolested, basking in the glory of his first major victory, and hoping it would suit the purpose he had intended. It did. Numerous soldiers were so encouraged by the overwhelming victory they re-enlisted, and others came to join the cause. Washington’s ranks swelled, and the revolution would continue for five more years before America’s independence was finally won, but it never would have happened but for Washington’s desperate river crossing on Christmas Day, 1776.

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Book Reviews & On the Lighter Side Glenn Beck’s Common Sense

The Forgotten Man

Reviewed by William T. Gillin

Reviewed by J McGuire

The Case Against An Out-of-Control Government, Inspired by Thomas Paine In January 1776, Thomas Paine published a pamphlet called Common Sense, in which he made the case for American independence from Britain. He outlined the abuses of the tyrannical monarchy of England. He wrote that in absolute governments, the king is law, but in free countries, the law ought to be the king. Seven months later, the Declaration of Independence was signed. In like manner, Glenn Beck calls for a second American revolution, not with violence, but with the weapons of democracy. This revolution will not be fought on battlefields, but in the hearts and minds of Americans. He writes, “The abuses being perpetrated by our government are just as obvious now as they were then (1776), but instead of rising up with a collective voice, we sit idly by and watch as our hard-won freedoms slowly dissolve into a puddle of apathy, political correctness, and outright corruption.” Beck says “it’s time to put principles above parties, character above campaign promises, and Common Sense above all…Do not remain neutral. Do not sit idly by… it’s once again time for our collective voice to make a simple yet powerful demand…Don’t Tread on Me.” He addresses his book to Americans who try to do the right things. He writes, “…while you worked hard, lived prudently, and spent wisely, those who did the opposite are now being bailed out at your expense…You demand a plan that’s

based on common sense and that actually has a chance to work.” Beck says that most Americans are convinced that the country is on the wrong track…that our county is about to be stolen. Many have sold their birthright of freedom for government handouts. Regarding politicians he writes, “We have so little trust in the character of the people we elected that most of us wouldn’t invite them into our homes… [or] leave our children alone in their care…” “Yet we leave our country and our children’s financial future alone in their care. Why? Common sense tells us that this is national suicide.” He points out that our national debt is over $11 Trillion and growing. Our unfunded liabilities for Social Security and Medicare reach another $100 Trillion! He quotes Thomas Jefferson, “The principle of spending money to be paid by posterity…is but swindling futurity on a large scale.” Beck describes how the tax code is used by corrupt politicians to reward allies, but used to crush enemies. He highlights the special privileges enjoyed by the political elite, and how gerrymandering their districts keeps them in office. He gives a history lesson on “The Cancer of Progressivism,” and how it influenced both parties to grow big government. Glenn Beck’s book is a must-read for those wanting to understand what is wrong and how to put our country back on the right track. He urges Americans to empower themselves, find their own voices, and rediscover our common principles. Over the past year, Beck’s outspoken pleas for action have helped ignite the Tea Party and 9-12 movements that are sweeping America and shaking up power-hungry politicians.

A New History of the Great Depression, by Amity Shlaes Bumping into similar historical territory, as we are in our current economy, Shlaes is wise to ask why the Depression lasted so long. If you think that our loss of liberty began in the recent past, read this book. The individuals of the era come to life through Shlaes’ depiction of the forces, decisions, and experimentation that turned the prosperity of the Roaring ‘20s into fading memories, dusty archives, and eleven depressing years. With the date, average unemployment, and Dow Jones average ushering in each chapter, Shlaes, a highly respected economic writer and commentator, deftly portrays the living tapestry woven between the late 1920s and the “Great War.” The book is littered with examples that illuminate the good, the bad, and the utterly corrupt. Benign-sounding plans, explanations, and excuses are unearthed with the deluded personalities behind each. As a member of FDR’s breakfastin-bed daily meetings put it, “If anybody knew how we really set the gold price through a combination of lucky numbers, etc., I think they would be frightened.” The ingenuity creating the explosion of electricity usage was eroded to bits by typically inept, government-subsidized production of the commodity. Naturally, nothing was paid to the inventors and developers of this critical energy source;

the government simply took over what was already an ongoing success. Then, to further gut the entrepreneurial spirit of America, successful businesses were harassed by the legal system, which picked key targets to prosecute, mainly for the PR value of the endeavor. How can a society get by with artificially high prices and wages, energy development undermined by governmentsubsidized “companies,” and lofty but costly and unrealistic projects? In fact, dairies, in frustration over low demand for their high-priced milk, got rid of it by pouring huge quantities on the ground. Governmental disbursement of large quantities of money was thought to be the solution to the evils of greedy capitalists, an economic idea concocted by John Maynard Keynes. However, Shlaes observes, “Keynesianism provided the intellectual justification and the creation of constituencies.” Add those pesky political polls to the chaos and a well-crafted depiction of an exciting time in history becomes much more satisfying than mere fiction. The backbone of American prosperity, the free market, was all that kept the economy afloat. And the forgotten man? His identity is stolen but revived by this book. He could also be the all-but-forgotten President Coolidge whose great wisdom involved restraint and an avoidance of governmental intervention. By chance, does any of this sound familiar?

The 5000 Year Leap

A Miracle That Changed the World, by W. Cleon Skousen Reviewed by Dwan Rager …let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of manarchy, that in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other. —Thomas Paine, Common Sense

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The 5000 Year Leap: A Miracle that Changed the World is an excellent book on the Constitution and the intentions of the Founding Fathers that is easy to read and understand. It should be read by every American, including (or should I say especially) our government officials. Had my history teacher in high school or even college used this book, I would have fallen in love with our Founding Fathers a lot sooner than I did. The wisdom and genius of those men led them to establish a Constitution, with which they intended to keep the power base close to the people, emphasizing a strong local selfgovernment. They didn’t see things in terms of Right or Left but rather in terms of more or less government. On one end of the political spectrum they saw the “Rulers Law” which was 100% Tyranny. On the opposite end was “No Law” or 100% Anarchy. In the middle they placed the “People’s Law,” centered squarely between those 2 extremes. Their goal was to design a political system that had just the right amount of government to stop

anarchy and create peace and stability while at the same time prevent too much government that would inevitably lead to the abuse of people’s rights. The establishing of America by our Founding Fathers was based on 28 major principles of Freedom. Those great ideas provided the intellectual, political and economic climate for the 5000 year leap. Within the tapestry of all these principles is the assumption made by all of the Founders that religion and morality were the pillars of government. Their desire was to have a moral and religious country, which they knew was impossible without a moral and religious people. As leaders they did not hesitate to pray and fast and seek the guidance, protection and wisdom of God. Citizens were encouraged to do the same. This book is not just a lesson in history and the establishment of the Constitution—it is a clear reminder that the 28 principles implemented by our Founding Fathers still have the power to foster peace, prosperity and freedom. What you never learned in your American History Class, you will definitely learn in this book. The founding of America and the establishment of her Constitution was truly a miracle.


On the Lighter Side

Ellis in Wonderland Democrat Rules: Play Ball!

Award-Winning Christian Author and Bible Teacher

By Ellis Posey Featured Writer Democrat politics is an entirely different game. Some people don’t seem to understand the game President Obama and the Democrats are playing. Let’s think about it in the context of another game. Baseball comes to mind because most people are familiar with it. Baseball is the All American pastime. It has been played for more than a century by rules refined over time which are pretty well understood by all. Those rules make sense. They also make it a civilized game for the most part, only rarely marred by those who break the rules. With that understood, imagine the Democrats, led by Obama, are playing baseball. Their opponent is not the Republicans, as one might assume. The Democrat (Donkey) baseball team opponent is We-the-People, all of us. The difference is, We-the-People play baseball by rules we have always known, understood and trusted to keep the game fair. The Democrats don’t. The Democrats play the game by their own rules. For instance, the ace Pitcher for the Donkeys is southpaw (lefty) Nancy Pelosi, who is known for her screwball, whiffleball and especially her goofball. When a We-the-People batter hits her pitch and starts to run for First Base, the Donkey Catcher (Eric Holder – who as Attorney General can catch anybody for anything) tackles the runner to keep her/ him from getting to First Base. “Yer OUT!” shouts Umpire Barack Obama, who is also the Donkey Manager. We-the-People fans roar in outrage as their team gathers around the Ump shouting objections. “Get back in the dugout, or you’ll forfeit the game,” growls the Ump

“Let me be perfectly clear. It’s my ball. My rules. Play ball!” The next batter for We-the-People is fast and outruns the Catcher. Doesn’t matter. The Donkey First Baseman Harry Reid picks up the base and runs into the Donkey locker room and locks the door. When the runner pounds on it, the Ump calls, “Yer OUT!” And so it goes, throughout all nine innings. As the Donkeys come to bat, all the bases are renamed Home Plate. The catcher for We-the-People never catches the shifty Donkey batters heading for First Base, because the catcher has to go straight or to the right, and all the batters run to the left to touch any base for a Home Run. The score at game’s end finds the Demo Donkeys so far ahead the Scorekeeper Robert Gibbs is three innings behind. We learn later that Gibbs, who doubles calling the game from the Press Box, declared before the game that it doesn’t make any difference how well We-thePeople play or how loudly we protest, the game was over before it began. “Because,” Gibbs chortles, “We Donkeys won, Wethe-People didn’t. The system worked” After the game, We-the-People scramble for the Rule Book, The U. S. Constitution, only to discover it has been replaced by the Saul Alinsky book, Rules for Radicals. That’s when we wake up. It must have been a nightmare. Not real, we decide. Then we hear a voice that sounds like President/Umpire Obama holler, “Forget Transparency. My ball. My rules. Double Header. Play Ball!”

PROGRESSIVISM continued from page 27

has taken the financial crisis of 2008 as a reason and a mandate to implement more of the progressive agenda. In their minds, this country has failed not because we have implemented socialist policies in the past but because we have not gone far enough in implementing them. In that context, does it now make sense that healthcare legislation is priority one? These are not ordinary times. This is not about Republican versus Democrat, liberal versus conservative. Issues of race, class and gender are mere distractions. There are fundamental questions to be resolved about who we are as a people and what our country is going to look like. Will we return to the principles of our founding or will we finally and irrevocably abandon them? This is nothing less than a Second Revolution in which we will either reaffirm our commitment to Constitutional government or abandon it in all but name. Writing in this paper, you can be certain of my position. America, as we have known it for the past two centuries, needs all Patriots to stand up for her; there is no standing on the sidelines.

There is a very close relationship between the various forms of European socialism and American progressivism. The distinctions may not be worth making: Mark Levin and others simply refer to them all as “statists” because they believe in the power of the state over the individual. The perspective of the constitutionalist is very different. This is the perspective of the classic liberal, the libertarian and the modern conservative. The Founders’ understanding of just government based upon human nature does not change because throughout recorded history human nature has not changed. Government is formed to serve the people and not the other way around. It is not the government’s job to try to build within us a “socialist consciousness” or to provide for our every need. Whereas the progressive and the socialist aim to build their government and society on a future ideal, the constitutionalist builds his government and society upon experienced reality. What has the intervening century taught? Socialism has brought nothing but misery, destruction and death from the Stalinist purges of the 1930s to the Cambodian killing fields of the 1970s. The Great Depression was viewed by progressives as a failure of limited government and capitalism and a reason to implement progressive, socialist policies in the United States. Yet as Amity Shlaes’ book on the Depression shows, these policies only deepened and prolonged it. [3] Of course, to the progressive true believer, recent history is no more relevant to the argument than any other part of recorded history. The Democratic Party

[1] Ronald J. Pestritto and William J. Atto, ed., American Progressivism, Lexington Books, 2008. pp.2-3. Pestritto and Atto are university professors who put this book together as a reader for their courses studying the Progressive Era. A good understanding of Progressivism can be had from this collection of writings of early 20th century Progressives—I highly recommend it. [2] Ibid. p.3. [3] Amity Shlaes, The Forgotten Man: A New History of the Great Depression. HarperCollins, 2007.

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On the Lighter Side

Are you a Constitutionalist?

Where are you on the scale of freedom? Find out here; take this quiz! Circle your answers and total your score. 1 2 3 4

Strongly Disagree Somewhat Disagree Somewhat Agree Strongly Agree

1. All Americans (and illegal aliens) have a right to free healthcare paid for by the government. 1

2

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2. All Americans (and illegal aliens) have a right to food and housing, and if they can’t provide for themselves (even if they choose not to provide for themselves), the government must provide it. 1

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4. “Freedom of speech” means I can say whatever I want and so can you as long as it doesn’t offend me. We need speech codes and laws against hate speech. Hate talkers like Limbaugh, Hannity, and Beck should be burned at the stake as traitors to the State. 1

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5. “Freedom of religion” means freedom for all religions except for bigoted closed-minded right-wing Christians. They have no right to speak (see Q.4). 1

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6. The bourgeois (the rich) have oppressed the proletariat (the working class) by exploiting their fellow man, and must return what they have stolen to the people’s government so that they may spread the wealth around, just to be fair. 1

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7. Climate change will cause either a new ice age OR a huge rise in sea levels due to melting polar ice caps, destroying all civilization, unless we end all CO2 emissions NOW! (stop breathing now). 1

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8. Capitalism has created greedy businesses and businessmen who have reaped unfair profits by perpetuating the oppression of the poor by forcing them to buy their bourgeois goods like flat screen TVs and iPods. 1

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10. Nationalism is divisive and selfish. The United States should disarm and submit its sovereignty to an elightened world governing body such as the United Nations, where we can all join with corrupt dictators and tyrants and sing “Kum bye ya” together.

4

3. Guns are evil and should be banned. People don’t kill people; guns kill people. So if we ban guns there will be no more bad guys with guns. 1

9. To make children into “good citizens,” parents need to leave education of their children to the state, and not brainwash them with their values (that’s the State’s job). After all, children belong to the State, and need to sing songs of praise to our Leader.

1

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Now total your scores and rate yourself on the scale below. Score 10-12: Congratulations! You believe in individual freedom and limited government. You are a Constitutionalist who is mostly aligned with our Founding Fathers. Therefore, your current government considers you a right-wing extremist! Keep reading The Constitutionalist Today, stay informed, and get involved! Score 13-24: You are a bit confused. You are partially a Constitutionalist, who believes in some limits on government, but you do like the government telling you what to do sometimes as long as they don’t interfere too much! Keep reading The Constitutionalist Today. You should learn more about our Founding Fathers and the Constitution. You will also learn the dangers of big government.

Ellis in Wonderland

Health Care or Health Car: Your government has such a deal for you. By Ellis Posey With public support for the government healthcare schemes descending like a clod dropped into a churn, politicians inside the Beltway may have to resort to some other tactic to get it passed (if it hasn’t already by the time this goes to print). I suggest they employ a well honed device our federal government uses all the time. It’s called weasel-word-legerdemain. That means they’ll do one thing and call it something else. Since they’ve done such a good job running auto companies, why not apply the same expertise to healthcare and call it Health Car. Here’s the way it works. Pretend I’m your friendly federal slime salesman designated to explain our new Health Car program: You’ll be so pleased to pay for your new Health Car with our new Payment Over Ten Years financial plan we government folks use all the time to hide the real cost of things. In this case, you’ll pay for ten years starting right away. You won’t get your Health Car for another four years, but hey! In four years you’ll have a brand new Health Car. Ain’t that great? Best of all, your new Health Car was designed by Nancy Pelosi and Harry Reid, behind closed doors of course. These wonderful folks used the same expertise that went into their successful Troubled Asset Recovery Program (TARP) and the ever popular Stimulus Plan (PORK) that created and saved all those dozens of jobs. We are so lucky to have them working for us. Don’t worry about the fine print in the Health Car legislation Harry and Nancy

put together for you. Your congresspersons and senators don’t bother with that picky stuff when they vote, so you don’t need to read it either. And we promise, if your Health Car doesn’t perform as well as expected when you get it, your government will keep tinkering with it until they get it just the way they want it. While we’re on that subject, if you do have trouble with your Health Car, don’t take it to your neighborhood professional, whether it’s a ticker fixer or a body shop. You government relieves you of all those hard choices by telling you where your Health Car has to wait in line when things go wrong. Life is good, huh, if you don’t have to worry when the wheels fall off? One other thing you should know, because we at your federal Health Car company want to be up front and honest with you at all times. If you don’t want a Health Car, that’s okay. Just think how good you’ll feel knowing the penalty you pay for not getting one will help pay for somebody else to have a Health Car whether they want it or not. Share the goodies, we say. We knew you’d agree. Best of all, you don’t have to sign any of those pesky sales contracts to get your federal government Health Car. You’re gonna pay whether you sign up for it or not... and pay and pay and pay... Last but not least, I know you’ll like the catchy slogan we came up with to help sell this new Health Car. “You Get the Clunker, We Get the Cash.” Nifty, huh?

Score 25-30: You are a fan of big government and the Nanny State. You might be happier living in a European socialist country paying over half your income in taxes, enjoying high unemployment, where the government dictates your income, opportunities, and benefits. But keep reading The Constitutionalist Today; you might change your mind! Score 31-40: You qualify as a progressive, a liberal, a socialist, a statist, or a Marxist (pick your flavor). You enjoy telling others how to live their lives as long as you don’t have to follow the same rules. You should try living in a country that already practices what you believe, a socialist paradise like Cuba or North Korea. After a month, you might change your mind. Or you could keep reading The Constitutionalist Today; it might save you a miserable trip to another country! And by the way, get rid of the Che t-shirt (no, he did not have a band in the ‘60s), put down the bong, clean up, and get a real job.

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