Answering an Oregon "Legal Scholar"

susan lee smith

Contact Information 245 Winter Street SE Salem, Oregon 97301 smiths@willamette.edu

Susan L. Smith is a law professor at Williamette University, who “focuses her scholarly research on the role of law in achieving sustainability and environmental criminal enforcement.”  She is a former senior trial attorney and Assistant of the Environmental Defense Section, Environment and Natural Resources Division, U.S. Department of Justice, where she received several awards for distinguished service.  She has taught “Environmental Law and Policy, Sustainable Natural Resources Law, Environmental Criminal Enforcement, Toxic Substances Regulation, Water Law...”  With this background, Smith took it upon herself to publish erroneous information about me, my teaching, and the Constitution to defend her environmental activist ideologies.   Here is my response to her flawed opinions:

Answering an Oregon “Legal Scholar”

After reading Professor Susan Lea Smith’s review” of my ‘legal arguments’ in her opinion piece dated January 22, 2016, it is clear that environmentalist Susan Smith has done very little research on the matters she attempts to address in her opinion piece to the people of Harney County; including, but not limited to, my qualifications, my teaching on the subject of State Sovereignty, and the matter in which I taught the citizens of Harney County, Oregon. If Ms. Smith researches her legal teachings in the same sad manner in which she researched my teaching, I pity her students at Williamette University Law School.

In Ms. Smith’s first footnote she questions my qualifications as a “scholar.” Unlike Ms. Smith, this is not a title that I have ever been so arrogant to bestow upon myself, and I think a simple definition might clear the confusion:

schol·ar ˈskälər (noun)  a specialist in a particular branch of study, especially the humanities; a distinguished academic. A person who is highly educated or has an aptitude for study. synonyms:  academic, intellectual, learned person, man/woman of letters, mind, intellect.

I would be curious to understand why Ms. Smith doesn’t believe my years of dedicated specialized study, the five books, and over 100 published articles I have written would not qualify me as a “specialist.” Is it perhaps because I am not currently employed by a small rural college (ranked 132nd out of 144 ranked law schools in the US)? I wonder how many classes Ms. Smith teaches that qualify her to give a “scholarly opinion?” How many people has she taught? Annually, I teach an average of 265 lessons in over 22 States, and in just ten months I teach an average of over 40 thousand people, yet that is not good enough for Ms. Smith. Prior to my private teaching, I taught at the law enforcement academy in Madison County Florida for over a year as an adjunct professor. Perhaps she didn’t take the time to research all of this, which wouldn’t surprise me.

Next Ms. Smith tries to impugn my reputation by questioning my association with the Florida Bar and my qualifications in the area of Constitutional law. Once again, this highlights Ms. Smith’s pathetic research skills. First, I am a member of the Florida Bar. My bar number is a matter of public record. Additionally, as a member of the Florida Bar, I have chosen to be listed as “inactive” because I am not able to take on litigation cases due to my incredibly active teaching, speaking, and publication schedule.  My standing with the Florida Bar is not under question and I have never received any disciplinary actions by the Florida Bar.  All of this can be discovered by a rudimentary search on the internet.

Finally, as to my qualifications; I received my JD from The University of Florida, Levin College of Law (ranked in the top 50 law schools in the country).  While in law school I was the only member of my class to receive the University’s Constitutional Law Scholarship.  Prior to graduation, I was fast tracked into the University’s certified legal intern program by the State Attorney of the 3rd Judicial Circuit of Florida, receiving my certification before any of my other 300 classmates.  While participating in the internship program, prior to graduation, I had already successfully tried over 10 criminal jury trials.  I was not only a prosecutor for the State of Florida for nearly a decade, but I also specifically practiced Constitutional law with a private firm for over two years. With this firm, I defended the Rights of dozens of people in active court, in multiple States.  Additionally, I gave legal advice to dozens of private citizens, and to both public and private organizations in the area of Constitutional law every year. I wonder, how many real Constitutional cases, in a real courtroom, has Ms. Smith had the opportunity to lead? Any attorney would know how to find this information.  But, I guess truth was not an important part of Ms. Smith’s paper to Harney County.  Maybe someone at Williamette should explain Ms. Smith the elements of libel?

Ironically, Ms. Smith claims that I teach an interpretation of the Constitution called “textualism.”  That could not be any further from the truth. A simply review of my over 100 teaching articles, videos, or any one of my five books, (all available with simple glance on my website) proves that statement to be patently false. Ms. Smith claims her interpretation is based upon “original intent,” yet she nearly immediately deviates from original intent by invoking Supreme Court cases as matter of “precedent” to support her opinions, rather than the actual words of intent of the Framers. I will resist the overwhelming urge to reteach my classes to her in this letter; as they are easily accessible in writing, and on YouTube, for those who are actually interested in truth.

You can also discover that I was an environmentalist and a biologist, so I am not unfamiliar with the environmentalist thought process. As with Ms. Smith, it doesn’t seem unusual for an environmentalist at one point in the name of saving swamps and salmon to rail against the federal government’s immunity, yet cheer for the federal government’s universal supremacy when suddenly they are siding with the plants and shredding the Constitution. I will simply say this to the people of Harney County- beware of “scholarly” interpretations that support federal supremacy and judicial supremacy over the inalienable Rights of the People and the powers reserved to the States. Such is a person arguing for slavery, not for the rule of law.

If what Ms. Smith says is true, then Oregon is not a State, but a colony or territory of the federal government. In that case, Oregon should have no representation in the House or Senate and no electoral votes for President. To be a State, that government must be “sovereign and independent” (see Massachusetts v Mellon 262 US 447, 482 (1923) and NFIB v Sebellius 567 US ____ (2012) Docket No. 11-393. A State that does not have sovereignty over its land is not a State but a Territory. Perhaps the people of Oregon might want to know the federal government views them as merely a Territory of the federal government?

The most striking fact of her opinion is Ms. Smith’s complete reliance upon the federal government through its judicial branch to exercise an authority to determine exclusively and finally the limits of its own power. If that is true, we do not live in a Constitutional Republic, where the government is limited and defined by the Constitution. Instead we live in a “totalitarian fedocracy” where the only limit to the government is its own will, dictated by an oligarchy of 9 kings and queens.  Unfortunately, this is a natural consequence of an educated class of people who have been trained in the principles of judicial supremacy rather than in Constitutional supremacy. After all, once a recognized part of this elite class, who wouldn’t want to be the ultimate arbiters of all things; who would voluntarily relinquish that authority to the people through their States as demanded by the Constitution? Apparently not many in our current judicial system, and certainly not Ms. Smith or the federal government she defends.

When the only argument to substantiate federal authority is “because the federal government reasons it to be so,” there is no limit, control, or check and balance to such federal authority. The people are left to surrender to the “whim of the sovereign” and we are reduced to the nature of tributary slaves.

People of Harney County, this is simply a matter of fact and a matter of who you choose to be.  By fact is Oregon a State or a colony? By choice are you free people in a Constitutional Republic or subjects of a federal Oligarchy of nine kings and queens whose oppressive rule is propagated by their slavish minions in the legal field declaring LONG LIVE THE KINGS? It seems that Ms. Smith believes the KING CAN DO NO WRONG as long as he happens to be on the side of her own pet issue.

You Will Know Them By Their Fruits

A guest article by our friend, Robert Townsend.  Will it give you a point to ponder?  ~ KrisAnne

 

Nothing happens in a vacuum.

When we observe the overt actions of those who would rule us, we must, as humble servants of the State, remember that because of our slatediminished view into our own governance, we are rarely afforded the opportunity to understand the true intentions and motivations of those in power over us.

But in spite of this, we may yet still divine the larger context of the events we observe.  How?  Because nothing happens in a vacuum; motives and actions drive results.  Because of this it becomes rather elementary to infer motives from the results that we observe.

To restate, in order for the American public to understand and properly interpret the actions of those who rule them, simple and dispassionate observation of results will imply our rulers’ motives irrespective of the platitudes and straw man arguments proffered.  A natural corollary to this is that any story or narrative put forth by our rulers is, by default, a lie; a lie made in furtherance of those underlying motives.

And this, dear readers, is the key to understanding and decoding the events surrounding us as the current ‘administration’ enters its purported final days.  Dispassionate observation of the administration’s actions will imply the true intentions and motivations of our rulers in spite of the platitudes they hurl for public consumption.

“…you will know them by their fruits.”

Conventional Wisdom has long held that the Democratic Party, as fractured as it is, generally organizes itself into two general “wings:” The Obama Wing and the Clinton Wing.  What we may be witnessing however is evidence that the enmity between Houses Obama and Clinton is much deeper than what may be apparent on the surface.  How else to explain the slow drip, drip, drip of the illegal Hillary emails from her failed tenure at the State Department?

Consider the opposite:  Were Obama and Hillary a united front, a quick acknowledgement of her ‘poor judgment’ might be offered and the DOJ investigation would be quietly dismissed. The dinosaur media would dutifully provide us with new bread and circuses to distract our attention and the administration would move on to its next priority.

fdrBut that is not what we are seeing at all, is it?  Instead we are witness to a slow and calculated death of Hillary’s political career through the steady and unrelenting revelation of emails and investigation by the Obama DOJ.

Setting this observation aside for a moment and turning our attention to the current presumption of Hillary as Democratic nominee,  we must wonder:  Why is Obama purposefully torpedoing the Hillary candidacy through the DOJ/FBI investigation?  Is Hillary not his desired successor?

All things being equal, one might assume that the Democrat Party would want to continue its reign beyond that of the Obama presidency and install a Democrat in the White House.  In order to do this, shouldn’t the Obama presidency be championing the Hillary candidacy, not sabotaging it through his continued DOJ/FBI investigation of the Hillary Email Scandal?

If this is the case, then it would appear that there are in fact three major political parties in Washington: the Republican Party, the Democrat Party and the Obama Party.

One must now ask: if the desires of the Obama Party are to foil any attempt by Hillary (the DNC) to regain the reins of power, what plansobama fdr does the Obama Party have then?  Give up the fight and turn over power to the Republicans?

Who does the Obama Party want to succeed him if not Hillary (the DNC)?  Where is the Obama heir-apparent?

Who will provide the “October Surprise” for this election?  The Republican Candidate?  The Democrat Candidate? The sitting President?

Do the actions of the Obama Party indicate an as-yet unacknowledged end-game?

 

Yours In Truth

towsend 380

 

Don't Believe The Media Lies, Americans Are Awesome!

In spite of it all I am truly blessed.  Let me share something, because attitude is everything.

I am currently stranded in Ft. Pierce, Fl.  Last night, after teaching the Libertarian Party of Palm Beach County, Fl., my 2004 Chevy Colorado (274k miles!) had a total electrical failure. Dash lights going crazy, no power as I am driving down the road.  I managed to pull into a gas station where my engine completely died.  Two very nice men tried to jump my truck. As soon as the cables were removed, my truck died again.  I am now stuck in a “bad” part of town, an hour away from my hotel. I am alone, my husband is in Haiti, and I am feeling very vulnerable. Can I mention that I really wanted to cry?  But instead I said a prayer for strength and smiled knowing that I am never truly alone.

We have come to call them “Hall Family Adventures;” experiences, good and bad, that will be stories told one day, experiences that we would never have had if we had not accepted this unique way of life.

I called my assistant, Janet, who is more like my best friend than an assistant and she worries about me like a mom.  She gave me Alex’s phone number.  Alex is the leader of the group I just taught and he was happy to come to my rescue.  I was also able to contact my husband in Haiti and he talked to me until Alex came.  (I am blessed to have such a wonderful husband.)

Alex picked me up and took me to 2 Wal-Marts before we found my battery. Walmart replaced my battery for free as it was under warranty.  We changed the battery. The truck started, but the battery light came on immediately. I was able to make it to my hotel in Ft. Pierce about midnight.

I am currently sitting in JJ’S Cafe on Hwy 1, eating a Denver Omelet, waiting for Dyer Chevrolet to tell me what is wrong with my truck.

I am blessed to have a truck that is paid for.  In this way of life I could never maintain a car payment or even find a place to finance me after I told them I work for free, Lol.

I am blessed to live in a day when I can call my husband in Haiti to just hear his voice for love, comfort, and support.

I am blessed to live in America, where the American Spirit drives us to be kind and compassionate to strangers (red, yellow, black, or white) in need.  Americans prove that the media is in the job of lying and deceiving.  We are not selfish bigots full of hate and greed ready to gun down our neighbors. We are some of the best people on this planet!

I am blessed to have been able to sleep in the comfort of a hotel room.  I am blessed to have a place to get my truck fixed. And, as I sit here in JJ’s with tears streaming down my face, I am blessed to have a cup of coffee and a Denver Omelet in my belly.

I am blessed by people like Service Manager, Mike Rivera, at Dyer Chevrolet in Ft. Pierce, FL for his kind help of this woman in distress.  Because of all of these blessings my family and I are able to engage in our mission to restore the American Constitutional Republic through proper education, teaching over 265 classes every year!

Is this life of constant travel glamorous? Absolutely not.  At times it is downright impossible.  But there are people who pray for me and my family all over the world.  Even the bad times are a blessing when I remember WHY my family chose this life.

America is worth fighting for.  Liberty is worth dying for. My child is worth the sacrifice. Many gave their Lives, Fortunes, & Sacred Honor so we could live in the greatest place on the planet. I am just repaying them for their sacrifice. I count myself blessed to be able to do so.  Just another Hall Family Adventure!

Thank you for your thoughts and prayers.

Learn more about my family’s mission: www.KrisAnneHall.com

A Plea From the Future of Liberty

This is a letter from Elizabeth Manley, our first Liberty First Intern!  She was an inspiration to me and my family.  This letter will let you know exactly why.  Hope you enjoy!  I hope that we will encourage Elizabeth and her generation to preserve Liberty for the future.  If you are encouraged by Elizabeth’s letter, please leave a comment and let her know.  I know it will make her day!  ~ KrisAnne Hall

 

Hello friends, family & Patriots,

11228098_1396205297372274_8576963675370872750_nWow!! I have had an adventure! I want to share my experiences and opportunities with you, and I think a good way to do that is to share with you three specific parts of my trip. I would like to give you a little history on myself, share some of what I have learned from this trip, and pass along what I hope to see happening in the future with my generation of young people.

My name is Elizabeth Grace Manley.  I live in Idaho and am the third child in a family of eight. I am seventeen, just graduated high-school, and am starting college classes this fall. Over the last ten days, I have been blessed to be able to spend time with and intern with a wonderful woman (whom many of you know) by the name of Mrs. KrisAnne Hall. I met Mrs. Hall for the first time in June of 2015.  I got to hear some of her story and listen to one of her lectures. For those of you who don’t know, Mrs. Hall is a former prosecutor, Russian Linguistic, and Army veteran. Over the last five years, Mrs. Hall has traveled the United States speaking on the Genealogy of the Constitution, State Sovereignty, Nullification, and more. When I met Mrs. Elizabeth radioHall in June, I asked if she was in need of an intern. I was excited to find that she did and had been praying for one over the last year and a half. The Lord put the puzzle together and by August 11th of 2015 I was in an airplane flying to St. Louis to meet her. Though my internship was a short one, I have learned so much. I am not informed but educated. The difference being that as an educated young woman, I am now ready to pass along all that I have learned to others, not just sit idly by knowing facts about the failings of the US. I have continued to become more and more passionate about government and what we as a nation should be doing in the States and Federal Government.  So there you have it, a little background on who Elizabeth “the intern” is.

I have learned so much over the last ten days. I learned that the Constitution is a compact (a written agreement between states not people) and the rights that the Elizabeth grp 3Constitution talks about are not new but taken from five original documents. The founding father’s looked back on their history and drafted the Constitution from their father’s writings namely five liberty charters.  I also learned that the states of America are independent sovereigns. They have all the same rights that Germany, France, and Britain have! The states came first and formed a federal government to help them not enslave them. But you see, we can’t blame where our nation is today on the president or even the government. The real reason the United States is in such chaos is because the states are lazy. They no longer care to keep their government in check, and instead they began to act like subjects. Lastly, I learned that I have Biblical role-models who righteously resisted authority! We as Christians do not have to smile and bow to every whim of the government because God tells us to submit ourselves to authority. On the contrary, we have Biblical examples who have taught us that God honors those that stand up to a tyrannical government. A few of my Biblical heroes are: Esther, Sampson, Paul, Moses, Daniel, and the Hebrew midwives.

Elizabeth grp1I have big hopes for my peers.  We are the next generation of Americans! We cannot stand by and let our nation fall. Each person will answer to God for his/her decisions and actions to guard what God has blessed us with.

 

 

Please stand with me, let’s encourage each other on to bigger and better things! Let’s face the world as a strong generation and let’s not pass this evil on to our children.

Mercy Otis Warren states: “We will stand today, or our children will fall tomorrow.”

You still have inalienable rights. You were born with the right to speak. What good does it do you if you never, ever use it?! Can we speak out against the evil, stop letting our government define things for us, and instead put government back in it’s rightful place?

Elizabeth ArchI want to thank Mrs. Hall and her family for letting me stay with them, learn from them, and have the ability to come home educated on these things! It was a wonderful opportunity and one that I would recommend to others. I so enjoyed our adventures, the radio show, speaking to others, and seeing the country! Thank you Mrs. Hall for being a passionate educator! And thank you to all of you taking the time to read this! It was a wonderful adventure. If you have any questions, please feel free to pass them on to me! 🙂

 

All my love and God’s blessings,

Elizabeth Manley

The Slaying of the Dragon ~ By Robert Townsend

From time to time I accept guest articles on my website.  I hope you enjoy this one.  I hope that it will spark a valuable discourse about wisdom ~ KrisAnne Hall

 

Donald Trump, Bernie Sanders and the problems they represent to the current political party system are mirror images of each other. In the coming months it will be rob 1 Lextremely interesting to watch how the two Parties attempt to bring to heel their respective renegades.

Most recently, the Republican Party has gotten Trump’s signature on some sort of “Loyalty Pledge.”  Can there be any better proof of the Republican Party’s desire to rule contrary to our own wishes? I would love to know what the author of “The Art of the Deal” got in return for a meaningless piece of paper proffered by Reince “Chamberlin” Priebus. “Party loyalty in our time!”

While the genesis of Trump’s and Sander’s independence is different, the sizes of their rallies are approximately equal. Trump is, for all intents and rob r2purposes, immune to the typical financial leverage from the donor class of the American Political power structure due to his self-sufficiency. Sanders, on the other hand, has massive grassroots appeal from the hard Left even without the financial resources of Trump. As a result, Trump and Sanders are essentially out of the control of their parent parties.

But what about the Party/Donor Class favorites, Clinton and Bush?  Shouldn’t they be doing better than Trump and Sanders? Jeb Bush, on paper, is the ideal Republican Party candidate.  He is a former president’s brother which means he has all the major donors in his rolodex.  He is a former governor which gives him the Executive Experience so many governors tout as a requirement for the Presidency.  And, last but not least, he is a faithful friend to the System that we live under.  This friendship implies that the System can rest assured that the gravy train that it has enjoyed through cronyism will continue under a Jeb Administration.

Hillary Clinton, just as Jeb, is/was the ideal Democrat Party candidate (on paper, at least).  She, like Jeb, is a member of a former president’s inner circle; in Hillary’s case,rob l3 she was one of many with whom the former president “did not have sexual relations.”  Because of her access to such a rarified inner circle, she too has access to the major donors who keep the System humming.

Also, like her Republican counterpart, Hillary has Executive Experience by way of being a former Senator and Secretary of State to Barack Obama.  There’s nothing in her resume speaking to any  accomplishments that enumerate her executive experience beyond occupying an office (just ask her supporters and other low information voters), but there you have it. And really, “at this point, what difference does it make?”

Also like Jeb, she is a friend of the System.  Her lifelong membership of the Political Ruling Class ensures that she will tow the line of her benefactors, just as Jeb would.  It should be noted here that it was recently discovered that both Jeb and Hillary enjoy the same donors.  This fact alone should tell you, dear reader, that the System under which we live, does not care who wins the election; it owns both sides of the electoral equation.

rob r5Many in the punditry class love to tell you how much money each candidate has raised and describe the size of their “war chest.”  With the understanding that money rules politics and politicians, and the vast majority of those millions of dollars do NOT come from Ma and Pa Kettle sending in their five dollar donation, isn’t the amount of money ‘raised’ really only a measure of how “paid for” that particular candidate is?

Shouldn’t a candidate be insulted by large donations which only serve to imply he/she is for sale?

So with all this in mind, how are the respective party favorites doing in the era of instant information and new media? Poor Jeb is stuttering his way through pressers trying to land a punch on Trump and Hillary can’t fill high school gymnasiums barely pulling 300 people together (always be wary of close up shots of candidates speaking to an audience that obscure how many people aren’t there).

But why? Why are the party favorites failing when Trump and Sanders are exploding? In both cases, Trump and Sanders, for all intents and purposes, more accurately reflect the concerns and wishes of the electorate on both sides of the aisle. The people inherently recognize that we live within a highly managed System of Control and the support for those who buck that System are garnering the support of the population.

But I am not here to comment on who’s better, Jeb-Hillary, or Bernie or Donald.  What interests me more, and something I wish to highlight to my readers is: What does this electoral landscape imply?

Well, for one thing, there are now two Americas (Left and Right). The political consultants’ myth of the “undecided voter” is now shown to be either a long-lived farcicalrob r7 idea at worst or simply no longer true at best; There is no Middle Ground; there is no “undecided voter.” Everyone has, whether they like it or not, taken a side.

Another key take away from the current electoral landscape is that Americans (of both stripes) have realized that their government, or political party, does not represent them anymore (the only lingering question now is, how long has it been this way?).  Conservatives and Liberals both realize that the System no longer protects them, but rather exploits them.

Neither Clinton nor Bush represent the desires of Americans and the population is making its collective voice heard in this regard. The general population is now eschewing the candidates chosen for them and is instead supporting candidates that speak to directly to their concerns (left and right).

What must also be just as panicking for the System is not only are their favorite “candidates” being ignored by the population, but the tried and true mouthpieces for the “System” now appear completely obsolete and comical since the advent of New Media.

Incredibly, John Kerry himself commented about this “difficulty.” 

“This pesky Internet makes it much harder to govern, makes it much harder to organize people, much harder to find the common interest.”

This admission of the Ruling Elite’s true aim is jaw dropping.  But you must have eyes to see and ears to hear” in order to understand what he truly was trying to say.  Simply exchange the politically correct terms with what Kerry means to say and his true meaning and frustration comes into sharp focus.

What Kerry really meant was: 

“This pesky Internet makes it much harder to rule, makes it much harder to categorize people, much harder to choose the common interest.”

Quite a stark difference, wouldn’t you say?

170px-DanielWebsterI am reminded of a quote by Daniel Webster in 1837:

“There are men, in all ages, who mean to exercise power usefully; but they mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters.”

People all over the country, both left and right, are waking up to the fact that the assumptions they have held for so long are proving to be false.  That the Democratic Party believes in Liberal Principles and that the Republican Party believes in Conservative Principles is now demonstrably false and the American people are waking to this truth.  The Parties are nothing more than instruments meant to control and rule, nothing more.

While the American people may differ on specifics, ultimately we will, as one people, are recognizing the overarching lie together.  And nothing can stop a people united in truth.

As people begin to question their old assumptions, they will discover that there is more that unites us than separates us.  As proof of this, I challenge you to find anyone (anyone who does not personally profit by it) who supports the chopping up humans (some of whom are still alive)  and selling their body parts. This is not a left/right issue, it is a Human issue and one that will ultimately serve to lift the veil and unite the American people.

To my eyes, it does not matter who secures the presidency.  In a perfect world the Media would occupy an adversarial position to those in power.  Lacking this, Trump has done it for them and has occupied the adversarial position himself.  And in so doing, he has (probably inadvertently) opened many people’s eyes to the System that has existed for so long.

The old assumptions are falling away. The population, once having glimpsed the truth, once having glimpsed the System as it exists to exert control, can never un-see this. rob slaying

The old System is already dead, we are merely witness to, and the instruments of, its ultimate demise.

And with this sentiment, I would like to close this essay with another quote from Daniel Webster, one that seems eerily appropriate for the times we find ourselves in.

“Wisdom begins at the end.

Yours in Our Time,

rob townsend

 

 

 

 

 

September 4, 2015

Who Has Control Over the Budget

Washington-Capitol-Building-Money-CashI was recently contacted by a concerned Texan regarding a town hall meeting she attended with her Congressional Representative.  Her email to me reads as follows:

“I have a constitutional question.  At a town hall yesterday, we had a heated discussion with our Congressional representative Mike Conaway.  Our question was why isn’t the House withholding funds for Obama’s overreaches?  Conaway’s reply was the House can’t do that alone, it also takes the Senate.  I have been under the impression the House alone controlled the purse strings.  Am I correct?”

I wanted to respond to this email publicly since it involves an important constitutional issue.  I fear that many are confused on this vital check and balance and because of our ignorance of this principle we are losing one of the most important controls on government incorporated into the Constitution.

Article 1 section 7 of the Constitution is the governing text regarding this issue of spending.  It reads:

“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.”

Since the Constitution is a contract, pursuant to contract law we must look to the drafters of the contract when we need clarity.  James Madison explains exactly what we need to know in Federalist 58:

“The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of the government…This power over the purse may, injames-madison-small fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutatory measure.”

Madison also explains that one of the main reasons the House was vested with this important power was to reduce “the overgrown prerogatives of the other branches of government” as the people may demand.

On May 15, 1789, James Madison, then federal representative to his District in Virginia, had a conversation with fellow Virginia Representative Alexander White during the ratification debates:

Mr. White: “The Constitution, having authorized the House of Representatives alone to originate money bills, places an important trust in our hands, which, as their protectors, we ought not to part with.  I do not mean to imply that the Senate are less to be trusted than this house; but the Constitution, no doubt for wise purposes, has given the immediate representatives of the people a control over the whole government in this particular, which, for their interest, they ought not let out of their hands.”

house of repsIt is interesting to note that Alexander White is repeating the principle of the power of the purse Madison identified in Federalist 58; that it is the duty of the House to have a “control over the whole government” to reduce “the overgrown prerogatives of the other branches of government.”

Madison replies to White with confirmation:

“The principle reason why the Constitution had made this distinction was, because they (the House) were chosen by the people, and supposed to be the best acquainted with their interest and ability.”

It is clear, according to the drafters of the Constitution, that the House alone was vested with the power of purse.  Pursuant to Article 1 section 7, the Senate may propose amendments and may concur, but their assent is not necessary.  As both White and Madison stated, this power rests in the House alone because it is the House that is chosen directly by the people as their representatives and best suited to redress their grievances and reduce and control all the other branches as the people see fit.  If the House proposes a budget that the Senate refuses to vote upon, then the House budget stands.  If the Senate proposes an amendment to the budget and the House doesn’t want it, then the original House budget stands.  It is also important to note that constitutionally speaking the president has no veto power over a budget.

Some may confuse the procedure for passing a law with the procedure for passing of a budget.  A very important distinction must be recognized; a budget expires, a law does not.  A law must follow the procedure of all the houses of Congress, with veto power by the president because in order to get rid of a law it must be repealed.  Budgets, debt monster school house rockhowever, expire and must be renewed by each congressional session.  No future congress is ever bound by a past congressional budget.  That is why the Senate is not necessary and President is procedurally excluded from the budget process.

We must also remember that one of the chief purposes for vesting this power in the House was to reduce the overgrowth of the other branches of government.  It is counterintuitive to ask the House to exercise that control over the Senate, the Executive, and the Judiciary and then require those branches to concur with that control.  It is highly unlikely that our founders would create such an absurdity with in the Constitution.

The current budget procedures, invented outside the boundaries of the Constitution, by past Congresses, have achieved exactly what both Madison and White have warned, they have let this vital power out of their hands and placed into the hands of those not constitutionally fit to fulfil the demand.  We need educated and principled leaders in Congress to stand against this usurp of the greatest check and balance on governmental overreach.

Government Land Grabs

EminentDomainia14Government land grabs are becoming more and more prevalent every day.  There are executive agencies taking private land through regulatory acts.  The federal government is seizing up more and more private land under the auspices of environmental preservation and national parks.  We are even seeing the military taking private land and calling it national security.   Our framers believed that the Right to secure property was vital to the preservation of Liberty.  Under what circumstances can the government legally and constitutionally take our land?

From John Locke, the father of our understanding of Natural Law, in his “II Treaties”:

“The Supream Power cannot take from any Man any part of his Property without his own consent. For the preservation of Property being the end (purpose) of Government, and that for which Men enter into Society, it necessarily supposes and requires, that the People should have Property, without which they must be suppos’d to lose that by entring into Society, which was the end for which they entered into it, too gross an absurdity for any Man to own. 

john-locke-portraitFor I have truly no Property in that, which another can by right take from me, when he pleases, against my consent. Hence it is a mistake to think, that the Supream or Legislative Power of any Commonwealth, can do what it will, and dispose of the Estates of the Subject arbitrarily, or take any part of them at pleasure…

For a Man’s Property is not at all secure, though there be good and equitable Laws to set the bounds of it, between him and his Fellow Subjects, if he who commands those Subjects, have Power to take from any private Man, what part he pleases of his Property, and use and dispose of it as he thinks good.”

We have an inherent Right to acquire, possess, and secure private property.  That doesn’t mean that the government has a duty to provide all people with property.  It means that we have the Right to acquire it without government control and permission and once we acquire it, we have the Right to possess it and protect it.  The entire purpose for establishing government is to collectively protect the inherent Rights of the individual.  To accept that the government can operate contrary to its entire purpose, by taking those Rights instead of protecting them, Locke calls that a “gross absurdity.”

Locke’s principle of the inherent Right to acquire and possess land is reaffirmed by the Supreme Court in 1795:

scotus“From these passages, it is evident, that the right of acquiring and possessing property, and having it protected, is one of the natural, inherent and inalienable rights of man. Men have a sense of property: property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects that induced them to unite in society. No man could become a member of a community, in which he could not enjoy the fruits of his honest labor and industry. The preservation of property, then, is a primary object of the social compact…”  Vanhorne’s Lessee v. Dorrance, US, 1795.

The government should not arbitrarily take property from the people.  Arbitrary taking is a clear violation of the Constitution and as the Supreme Court so eloquently states, it is contrary to the primary object of government.  But not only that, James Madison explains that arbitrary taking of private property is the mark of an “unjust government”, an act of “complete despotism:”

“That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest. A magistrate issuing his warrants to a press gang, would be in his proper functions in Turkey or Indostan, under appellations proverbial of the most compleat despotism.” James Madison, Property, 1792

The principle of the inherent Right to possess is embodied in the 5th & 7th Amendments to the Constitution when it declares that “No person shall… be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

US-Constitution-compressed.jpgNotice the three restricting elements: due process, public use, just compensation.  How do we determine what is adequate due process and what is just compensation?  According to contract law, the law that is controlling over the interpretation of the Constitution, we must look to the framers of the Constitution for guidance.  Alexander Hamilton says,

“It is there declared that, no man shall be disfranchised or deprived of any right, but by due process of law, or the judgment of his peers. The words “due process” have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature.” Alexander Hamilton, Remarks on an Act for Regulating Elections, New York Assembly, 6 Feb. 1795

Due process is an act of the courts of justice, not an act of the legislature.  It is not within the delegated power of the legislature to pass a law that takes your land, the legislature’s only power is to negotiate a settlement with the land owner.  When that negotiation fails, any taking must be facilitated through the courts via proper application of due process.  How must that be done?

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” – 7th Amendment

When the government attempts to take any property valued at more than $20, due process means a trial by jury of our peers.  This means that private property should not be a legislative act.  Private property should not be taken by a single judge, or even a tribunal of judges.  Private property should not be taken by an executive agency.

The Supreme Court in Vanhorne’s Lessee v. Dorrance explains that, in reality, there are only 3 ways a private citizen can legally and constitutionally give up their private property Rights.

Jury“Public exigencies do not require, necessity does not demand, that the legislature should, of themselves, without the participation of the proprietor, or intervention of a jury, assess the value of the thing, or ascertain the amount of the compensation to be paid for it. This can constitutionally be effected only in three ways.

  1. By the parties–that is, by stipulation between the legislature and proprietor of the land;
  2. By commissioners (neutral third party arbitrators) mutually elected by the parties (the land owners & the legislators); or
  3. By the intervention of a jury.” (clarification mine)

What we can conclude by the application of these principles and the accompanying law is that:

  1. The acquiring and securing of private land is an inherent Right of men, not government;
  2. Government is established with the purpose of securing private property Rights;
  3. Government is not authorized take land arbitrarily;
  4. Government cannot be the one to determine the value of the compensation;
  5. Compensation is set by agreement of the land owner or by a trial by jury of peers;
  6. Government Executive Agencies cannot take land, cannot negotiate the taking of land, and are not the legal parties to the taking of land.
  7. The only legal and constitutional negotiating parties to the taking of land are the land owners and the legislators;

This Supreme Court in 1795 believed that if the federal government could take land from private land owners outside these limited constitutional parameters, that government would,

“display the dangerous nature of unlimited authority; it would [be] an exercise of power and not of right. Such an act would be a monster in legislation and shock all mankind…

james-madison-smallIt is inconsistent with the principles of reason, justice and moral rectitude; it is incompatible with the comfort, peace and happiness of mankind; it is contrary to the principles of social alliance, in every free government; and lastly, it is contrary both to the letter and spirit of the constitution.  In short, it is what every one would think unreasonable and unjust in his own case.”

James Madison made a plea, in 1792, to the people of America and for future generations:

“Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions….

If the United States mean to obtain or deserve the full praise due to wise and just governments, they will equally respect the rights of property, and the property in rights: they will rival the government that most sacredly guards the former; and by repelling its example in violating the latter, will make themselves a pattern to that and all other governments.”

Do we have a just government?  Does our government deserve the full praise due to wise governments?  Do our legislatures, courts, and governors equally respect the rights of property and the property in rights?  This is our real litmus and this is one of the ways that history will judge America.

Understanding Citizenship

george washingtonOur Founders established the criteria of Natural Born Citizen upon our President for a very important reason. Natural Born Citizen meant, to our framers, a child born of two parents who were citizens of the United States at the time of the birth of that child.  If you are not sure of this, or perhaps disagree, please read this article based upon fact & history before you go on: https://goo.gl/sFkKUm

A person who is born of just one parent who is a citizen of the United States is a citizen by birth, but not Natural Born Citizen.  Someone cannot hold or have held dual citizenship with a foreign country and be a Natural Born Citizen.  The fact that we are confused by this qualification, or perhaps even wish to alter this qualification, must be because we do not understand WHY this qualification was established in the first place.  So, before we take a stand either way, we must consider the reasons why this qualification was established by the framers of the American Constitution.

The whole reason the president must be a Natural Born Citizen is because our framers had a history full of foreign kings imposing foreign law and foreign favor upon the people and they knew how dangerous foreign influence was to Liberty.  George Washington spent a great bit of effort trying to drive this understanding home in his Farewell Address of 1796:

“Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government.”

Washington knew from his history the real dangers of foreign influence.  Part of Washington’s British Constitution was a document called the Grand Remonstrance of King Charles 1,with a Letter in His Hands1641 in which the people of Great Britain listed many grievances against their King, Charles I.  They indicated that these grievance were indicative of a larger design to overturn and undermine Liberty of the people and the Law of the Land.  One of the grievances illustrates how foreign influence and foreign law have contributed to that destruction of Liberty:

“Such Councillors and Courtiers as for private ends have engaged themselves to further the interests of some foreign princes or states to the prejudice of His Majesty and the State at home.”

In another part of the British Constitution, this time the English Bill of Rights of 1689, the people of Great Britain actually require an oath of their King and his council to shun all foreign influence:

“And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.”

Protecting the United States from foreign influence was very prominent in the minds of our framers, especially in the office of president.  At the time of the creation of the Constitution by the States there were no Natural Born Citizens so an exception was made until that qualification could be met.  Article 2 section 1 clause 5 reads:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;”

revolutionThe exception to the Natural Born Citizen requirement was that the President must be a “Citizen of the United States, at the time of the Adoption of this Constitution.”  Joseph Story in his “Commentaries on the Constitution, 1833” explains that this was to ensure that people who were “Patriots of the Revolution” could be considered for this office.

“This permission of a naturalized citizen to become president is an exception from the great fundamental policy of all governments, to exclude foreign influence from their executive councils and duties. It was doubtless introduced (for it has now become by lapse of time merely nominal, and will soon become wholly extinct) out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honours in their adopted country.”

This is an important distinction that helps us understand WHY the Natural Born Citizen requirement is a must.  The President is the commander in chief of the military.  Our framers knew from their history that it would be extremely dangerous to allow someone of foreign influence to exercise power over our military.  Founder, John Jay wrote a letter to George Washington on July 25, 1787, expressing this very point.

john jay“Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolved on, any but a natural born Citizen.”

The commander in chief could have no fractionalized loyalty.  The commander in chief must be loyal to the United States, first and only.  Prior to being a Natural Born Citizen, the candidate for president would have proven that loyalty by having been a “distinguished revolutionary patriot.”  Once time established the availability of Natural Born Citizen candidates, that unbroken loyalty would be proven in party by the fact that both parents were citizens of the United States and establishing that the candidate would have been raised in a home with loyalty only to the United States.

When a child is raised in a home where one or both parents are citizens of a foreign country, then that child will naturally be raised with an attachment to that foreign militarycountry out of love for that parent.  Our framers knew that in time of military crisis, our commander in chief must be free from all attachments and bias with a foreign country and mattered not if that bias was for or against the foreign country.  The president must not hesitate or haste in matters of war.  He must only act upon the best interest of the United States, free from internal conflict.  George Washington explains this fact in his Farewell Address:

“Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other.”

Alexander Hamilton gives another perspective upon the Natural Born Citizen requirement.  He postulates why a foreign country might actually want to actually raise up someone to become president of the United States and the inherent danger in that possibility:

alexandar hamilton“Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one querter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union?”

Just as the birth of a child on US soil does not create citizenship in the parent, the birthplace of the child does not establish the status of Natural Born Citizen.  Throughout history citizenship has been based upon the criteria of the parents.  It has not been linked to the child.  This criteria of Natural Born Citizen does not deviate from that norm.

In summary, the entire reason for establishing the criteria for a president to be a Natural Born Citizen was to help to eliminate any possibility that the commander in chief of the military be influenced by love or hate of a foreign nation.  Because of this well established and historically justified reason, we should think very long and hard before we consider altering or diluting this established requirement through modern interpretation or modern court opinions.  Our framers did what they did on purpose and with a purpose.  We only endanger our Liberty when we assume they didn’t know what they were doing, and our advanced intellect means we can disregard their reasons for our own personal preferences.  We would do well to learn from this history, instead of dooming ourselves to repeat history’s mistakes.

Meet Elizabeth- Our 1st Liberty First Intern!

As you may know, we have been wanting to expand the Liberty First ministry.  One of our goals was to begin an internship program to bring young people into the Liberty First mission to train and equip them to stand for Liberty against government infringements.  We are seeing this goal become a reality!  I am so excited to introduce to you, Elizabeth Manley, our First Liberty First intern.  Elizabeth will be traveling, working, and studying under my Constitutional training from August 11th through August 20th.  Our Youth is the future of Liberty, that cannot be denied.  Your continued support will help us meet the costs of this invaluable training program.

If you would like to help us out with this program, please click HERE and donate.  We are so grateful for the combined efforts of the Liberty First Brigade.  Through the grace of God and your generosity, Elizabeth will be the first of many interns for the Liberty First mission.  Don’t forget to keep us in your prayers and thoughts as we travel and teach the future of Liberty!

Now, let’s hear from Elizabeth and learn about this amazing young lady.

11228098_1396205297372274_8576963675370872750_nI was born July 25th, 1998. I am 17. I have seven siblings, four brothers, three sisters, and am third oldest. Though I was born in Oregon, we moved to Idaho shortly after I turned one. The trip to Idaho was a God thing. He thoroughly and obviously instructed my parents to move. My parents didn’t have much money, but they trusted God, and He provided.  Our little family of only five at the time, packed up and moved to Idaho.  They had been praying for a home debt free, were able to purchase 5 acres, and planned to slowly build a small home.  However, our church came together and in three days the framework and shell of a house was standing.  It was a direct answer to prayer.  “… unless the Lord build the house they labor in vain that build it.”

familyphotoI grew up on this little 5 acre farm.  I was a home-schooled, free, semi-tomboy blessed with few cares and a wonderful life.  I grew up with my older brother (2 years older) taking me hunting, playing tag with me, and having general daily adventures.  I was baptized and publicly accepted Christ at age ten alongside him.   My sibling and I all enjoy each other very much!

I love people. They are my passion in life. I love to encourage and edify them. I love speaking and reaching out to people. That said, over the last few years my life has continued to revolve quite fully around people.  Last fall, a friend and I taught a Geography class for middle-schoolers, and my brother and I taught a ballroom dance class. That was fun and incredible.  I’ve tried to learn during low times in my life to be thankful for the things I do have in life, not what I don’t.  This has helped me look around myself and see what I can do to bless others, instead of being “bored” or lonely.  I have also worked at a week long summer camp for the last three years.  Last fall I was blessed to begin working as a waitress at 11406796_1413962775596526_8626643297602997288_na tiny cafe right down the road from my house.  This working experience has been absolutely thrilling for me.  It has continued to mature me in learning how to interact with co-workers and the general public.

I was also blessed when the Lord opened doors, allowing me a week long adventure.  I flew to Colorado in early July of 2015 and attended a Home School Legal Defense Association sponsored camp. This camp was very interesting and was a complete simulation of the White House and our government.  I loved making new friends with the staff and campers. The chapel and worship sessions were also incredible. Overall my experiences there were insightful, wonderful, and challenging!

Besides the fact that I love people, I also love to read.  As I have gotten older, I have found a natural desire to stand up for people. I very much dislike when people are wrongly treated, and I want to change that.  I realize that there is only so much one person can do, but I want to live my life for Christ completely.  My favorite Bible verse is probably Joshua 1:9 which states: “Do not be afraid nor be thou dismayed for the Lord your God is with you withersoever thou goest.”11428006_1413963575596446_1937286650381165831_n

I am really looking forward to this trip with you, Mrs. Hall. I don’t know what the Lord has in mind, but I am excited to trust Him.  I look forward to seeing what His plans are.  He made this trip possible for me.  It was thrilling to see Him act in such a real way, providing finances, food, and the opportunity as a whole.

Thank you so much for being willing to train me and let me “tag” along with you.  I look forward to getting to know you in person!

Sincerely,

Elizabeth Grace Manley

We Need The Help of Patriots Today!

slider7Greetings Liberty Loving Patriots!  We are off to a great year for the Liberty First mission.  We have already taught hundreds of high school and college students, legislators, Sheriff Deputies, as well as Liberty minded (and some not so Liberty minded) groups.  I am working so hard, traveling and teaching on average of 265 times in over 20 States every year.  Who can put a price on the education of our young people and adults to drive the cause of Liberty?  What is our ignorance costing us?

I do not charge speaking fees, nor do I require groups to compensate us for travel and accommodations. This is so important because we are able to reach people that would not have the opportunity to hear these essential truths if I charged the fees that most speakers charge in this field.   We don’t ever want to change that philosophy, but we need your help because the reality of the airfare, car rentals, hotels and food are beyond what I am able to pay.  We must building the futurecontinue this mission to defend the Constitution and preserve Liberty!

These are our PRESSING Needs:

  1. Vehicle Repairs
  2. Airfare
  3. Car Rentals
  4. Hotels
  5. Food

DONATE HERE: http://goo.gl/FlkYtC

There are so many things we want to do in the Liberty First mission.

  1. We want to set up an online Liberty school, where we can have classes for people all the time, any time so we can reach more people at less expense to the ministry.
  2. We want to increase awareness of my book Sovereign Duty, which is so important to the restoration of personal Liberty
  3. We want to have more resources to give young people the education and tools they need to become Patriots on Purpose.

revivalYour support of the Liberty First mission is essential to these projects.

DONATE HERE: http://goo.gl/FlkYtC

Please consider sowing the seeds of Liberty by sending the Liberty First mission a donation today.  If everyone who read this letter simply donated $5, $10, or more, we could have all we need to continue this mission, set up our online school, pay for the publicity we need to further the mission, and continue to give books away to students and teach without speaking fees.

Just a small seed of $5 or more could be all we need to plant the truths of Liberty for generations to come.

DONATE HERE: http://goo.gl/FlkYtC

Thank you for your continued support.  Thank you for helping us to fight for Liberty.  If you are unable to give, PLEASE PRAY for us.

We must stand against tyranny today, or our children will bow tomorrow.”  slider-3Mercy Otis Warren.

In Liberty,

KrisAnne Hall