TRANSFORMATION OF OUR FOUNDER’S NATION

CONTENTS

VISION FOR THE FOUNDER’S NATION
TRANSFORMATION OF OUR CONSTITUTION
TRANSFORMATION OF EDUCATION
TRANSFORMATION OF OUR CULTURE
TRANSFORMATION OF OUR POPULATION
TRANSFORMATION OF OUR NATIONAL DEFENSE

Our Founder’s nation, like every nation that cannot defend itself, maintain geographic integrity, and loses its unique culture, economic and political identity will wither away as Marx and Engels stated it. The Marxist left, whatever name they have used throughout the last two centuries, communists, socialists, Critical Theorists, humanists, progressives, liberals, or Democrats have accomplished a significant transformation of our Founder’s nation using their plan to transform America. Progressives used the tools provided by our Constitution and culture in a relentlessly incremental process to transform the United States into a nation that our Founders never envisioned.

A man in a hat and a quote
The Founders also understood that God (Providence) had His hand on this nation.

From colonial times until the Constitution was ratified and well into the twentieth century, We the People of the United States shared a strong, significant Judeo-Christian heritage which the Founders clearly understood. In the late eighteenth century, the majority of the population was of British descent, spoke English, and attended one of the many Protestant denomination or Catholic churches. All of the universities were of Christian origin, including Harvard which was named after a wealthy preacher who gave his theological library and wealth to the university. Most of the first departments established at these universities were Divinity Schools and Law Schools. Additional universities were established after the Great Awakening revivals of the mid-eighteenth century to train more evangelists. Our Founder’s nation shared a strong Judeo-Christian heritage.

VISION FOR THE FOUNDER’S NATION

The Founders also understood that God (Providence) had His hand on this nation from the time the first colonists set foot on this continent.  This sentiment was eloquently stated by John Jay, first Chief Justice of the Supreme Court of the United States of America, in The Federalist No. 2 where he wrote,

Providence (God especially when conceived of as exercising this) has blessed it (Independent America) for the delight and accommodation of its inhabitants.  Providence has been pleased to give this one connected country, to one united people, a people descended from the same ancestors, speaking the same language, professing the same religion (Christianity with all its orders and denominations), attached to the same principles of government, very similar in their manners and customs, and who, have nobly established their general Liberty and Independence.

This country and this people seem to have been made for each other [by] design of Providence for a band of brethren, united by the strongest ties, should never be split into alien sovereignties.

Similar sentiments have hitherto prevailed among all orders and denominations of men among us (Parenthetical remarks added).

James Madison in The Federalist No.14 was also confident that a constitution so ordained and based on Judeo-Christian morality, ethics, and law would be a model for mankind. He stated,

Posterity will be indebted for the possession, and the world for the example of the numerous innovations displayed on the American theater, in favor of private rights and public happiness.  Happily for America, happily we trust for the whole human race, they pursued a new and more noble course.  They accomplished a revolution which has no parallel in the annals of human society: They reared the fabrics of governments which have no model on the face of the globe.  They formed the design of a great confederacy, which has been new modeled by the act of your Convention, and it is that act on which you are now to deliberate and to decide (Ratify the Constitution, Remark added).

Fifty of the fifty five men who attended the Constitutional Convention were practicing Christians including theologians, denominational leaders, pastors, and evangelists. Many were also legal scholars and attorneys. After shepherding the nation through the first eight years of our experiment, the Father of our Country, George Washington, expressed similar sentiments in his Farewell Address to the Nation:

“With slight shades of difference, you have the same Religion, Manners, Habits and Political Principles.  You have in a common cause fought and triumphed together; the Independence and Liberty you possess are the work of joint councils, and joint efforts “ of common dangers, sufferings, and successes.

Of all the dispositions and habits, which lead to political prosperity, Religion, and Morality are indispensable supports. “ In vain would that man claim the tribute of Patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of Men and Citizens. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths in Courts of Justice?  And let us with caution indulge the supposition, that morality can be maintained without religion. Reason and experience both forbid us to expect, that national morality can prevail in exclusion of religious principle.

Cultivate peace and harmony with all. “ Religion and Morality enjoin this conduct; and can it be, that good policy does not equally enjoin it? “ It will be worthy of a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence. Who can doubt that the fruits of such a plan would richly repay any temporary advantages, which might be lost by a steady adherence to it?  Can it be that Providence has not connected the permanent felicity of a Nation with its virtue?  The Experiment, at least, is recommended by every sentiment which ennobles human nature. “ Alas!  is it rendered impossible by its vices?

The Father of our Country clearly stated that the international reputation of the United States, sound governmental policies, and the integrity of our courts were dependent on our shared Judeo-Christian religion and morality, our cultural and societal identity. In our Founder’s nation, We the People had leaders like John Jay who summarized the Founders’ view of the importance of Christianity to the successful future of the United States as follows:

No human society has ever been able to maintain both order and freedom, both cohesiveness and liberty apart from the moral precepts of the Christian religion. Should our Republic ever forget this fundamental precept of governance this great experiment will then be surely doomed.

Not only did these four Founders express this view, but virtually all the significant Founders wrote expansively about the importance of our Judeo-Christian heritage to previous success and future benefits that would come to the world as a result of the virtue and religious morality of the United States. Consequently, our Founder’s nation was a Judeo-Christian nation. In my opinion, most of the current societal, cultural, political, and legal problems in our nation are the consequence of our abandonment of Washington’s admonition concerning Religion and Morality.”

Historically, great nations deteriorate from within. Moral and ethical deterioration of cultures normally precedes political, economic and military instability. These problems often lead to the inability of nations to defend themselves against external economic or military forces. In the United States, our national greatness flowed historically from the individual and collective character, virtue, strength, and moral integrity of We the People. Our Judeo-Christian heritage, Constitution and the rule of law, and our economic system based on individual entrepreneurialism and capitalism have been largely responsible for the success of the United States on the world stage. Virtually every aspect of the historical cultural, political, and economic strength of our nation is being incrementally undermined by forces seeking to fundamentally transform the United States of America.

The preamble to the Constitution of the United States outlined five general functions of constitutional governance, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. Only those areas of life and governance detailed in the various Articles and Amendments to the Constitution were intended to fall under the authority and responsibility of the National or Federal government.  In the Founder’s nation, Tranquility, general Welfare, and the Blessings of Liberty were the responsibility of citizens, state, and local governments. The Constitution was established for a virtuous, moral, industrious, and responsible citizenry free to pursue their personal general Welfare and secure the Blessings of [their] Liberty.

In my view, one word in the Preamble to the Constitution has great significance to understanding why our Founder’s nation subsequently exceeded the expectations of the world. The word is  “ordain,” to set apart for a sacred function in service of God. The Preamble states, We the People of the United States do ordain’ and establish this Constitution. This meaning for ordain is the only one that fits the context and definitions of ordain and establish found in Samuel Johnson’s 1755 Dictionary of the English Language because all of the meanings for establish are synonymous with the non-sacred meanings in the definition for ordain. If the Framers had not intended the sacred meaning of ordain, they would not have included the word establish which would, therefore, have been redundant. The Constitution was not written as a strictly secular document. The Constitution of our Founder’s nation was a document design to serve God.

During the first half-century or more of the history of our Founder’s nation, our Judeo-Christian heritage was critical to the principles and doctrines of law.  Sir Edward Coke (1552-1634) wrote, The Law of Nature is that which God at the time of creation of the nature of man infused into his heart, for his preservation and direction the moral law called also the law of Nature.  Similarly, Commentaries on the laws of England by William Blackstone, was a widely respected commentary on law in America.  In a statement almost identical to that of Coke, Blackstone wrote, Upon these two foundations, the law of nature and the law of revelation (Biblical Law), depend all of human laws; that is to say, no human laws should be suffered to contradict these.  Additionally, prior to the mid-1800’s, it is safe to assume that Constitutional manifest tenor was the basis of court decisions related to the constitutionality of laws. Manifest tenor is the readily perceived, obvious, plain understanding of the course of thought running through the applicable article, amendment, section, or clause of the Constitution in relation to the case or statute under consideration. A synonymous phrase for manifest tenor is contextual original intent. During this period in the history of our Founder’s nation, the “law of nature” which “God… infused” into the “heart” of We the people was critical to our understanding of the meaning and purpose of our laws and duties as citizens.

TRANSFORMATION OF OUR CONSTITUTION

Progressives  have used several tools to “fundamentally transform America. The first, and possibly  most important tool, is the transformation of  Constitutional law which has had a significant effect on our Founder’s nation. In 1848, Marx and Engels published The Communist Manifesto promoting atheism and social evolution; and in 1859, Charles Darwin published Origin of Species positing biological evolution which challenged Biblical creationism.  Both concepts were widely embraced by academics throughout the world.  In 1869, scholars at the Harvard Law School embraced evolutionary thinking as keys to life and the law.  They taught that great legal scholars and judges could develop the laws governing mankind since mankind did not need God and Scripture for guidance in law. All references to both God and Scripture were eliminated   from legal education, and consequently, from the practice of law.

To accomplish this goal, these legal scholars developed the concept of case law in which legal principles, doctrines, and presidencies are developed over time by degrees through a series of cases.  John Chipman Gray, summarized the concept by stating, The law is a living thing with a continuous history, sloughing off the old, taking on the new.  After three to six decades of the development of legal principles and doctrines based on case law, Supreme Court Justice Oliver Wendell Holmes, summarized the legal system as follows, [Law is] simply an embodiment of the ends and purposes of society at a given point in its history, beliefs that have triumphed and nothing more. These two statements regarding constitutional law bear a striking resemblance to the following discussion of truth found in A Dictionary of Marxist Thought edited by Tom Bottomore:

The criterion for evaluating truth-claims normally is, or involves, human practice, a practicist criterion of truth. Truth is conceived as essentially the practical expression of a subject, rather than the theoretically adequate representation. Truth becomes a totality to be achieved in the realized identity of subject and object in history…. Truths are the this-worldly manifestations of the particular class-related needs and interests. Truth is an ideal asymptotically approached in history but only finally realized under communism after a practical consensus has been achieved.

Apparently, according to legal scholars, jurists, and philosophers, the Constitution, law, and truth are living things, ideas that have triumphed at a given point in history. Through case law over time, judges have transformed our Constitution and laws into a changing body of this-worldly manifestations of the particular class-related needs and interests. One could say that the Constitution of the United States of America, as envisioned by the Founders, has already withered away; or the Constitution is being transformed and will soon wither away.

Progressives have been using courts and the concept of living Constitutions to challenge long held Judeo-Christian cultural norms for decades. Consequently, progressives have used our courts to undermine the sanctity of life through abortion and right to die decisions, marriage and the traditional family through same-sex marriage decisions, biological sexuality through decisions recognizing LGBT identity and access to previously gender specific public facilities, and religious freedom in business, public schools, governmental lands and facilities, and government agencies. Our courts have been the most effective tool used by progressives to fundamentally transform the Judeo-Christian culture of the United States of America. As time passes, the United States of America is becoming less and less like our Founder’s nation.

TRANSFORMATION OF EDUCATION

The second tool used by progressives to fundamentally transform America culturally is the establishment of a public education dictatorship. Our current public education curriculum promotes progressive cultural, social, economic, and political values and principles from pre-school to Ph.D. These curricula seek to undermine or eliminate discussion of the influence of our Judeo-Christian heritage and culture, in relation to our Constitution and legal system. Curricula ignore or minimize our Founders’ emphasis on the relationship between shared moral and ethical values and cultural harmony, individual and national prosperity, and national identity and strength on the world stage. Curricula stress claimed abuses of all western civilization on the rest of the world, capitalism as a form of western imperialism a concept espoused by Marxism, the benefits of socialist systems, and the progressive cultural agenda. The left’s educational dictatorship has been extremely effective as an agent to fundamentally transform the United States of America which has less and less resemblance to our Founder’s nation.

TRANSFORMATION OF OUR CULTURE

The third tool used by progressives to fundamentally transform America culturally is our telecommunications and entertainment industry including social media and pop culture. Television, movies, and music promotes non-traditional families and include LGBT characters, single parent families, illicit sexual content including workplace affairs between co-workers and supervisors of both sexes with subordinates, violence, and murder. Christianity, the essence of our Founder’s nation, is often mocked, portrayed as a form of manipulation, or Christian leaders portrayed as criminal. Capitalism is portrayed as an evil often criminal economic system. Our government is also portrayed as a source of problems in the world. Mainstream news outlets including print and on-line sources forward narratives supporting the progressive cultural, political, and economic agenda, policies, and candidates. The advertising industry is a more subliminal medium used to promote the fundamental transformation of America.

The final tool used by progressives to fundamentally transform America culturally is legal immigration policy and border security. Between 1960 and 1970, the 1965 Immigration Act began to change the composition of the US foreign-born population. Due to the ethnic and religious strife between Balkan Muslims and various Christian sects that started WWI, the 1965 Act ended a 1924 regional immigration quota system that discriminated against Southeastern Europeans including Italians, Asians, and Africans. The previously favored regions included Northwestern Europe including the British Isles, and Canada.

TRANSFORMATION OF OUR POPULATION

A group of people standing next to each other.
“Only one other great republic has ever experienced such a change in the texture of its people ” the Roman Republic.” It failed.

Many considered the 1965 Immigration Act to be an extension of the Civil Rights and Voter Rights legislation of the Johnson Administration granting immigration civil rights to the world by eliminating regional quotas. Although some Republicans supported the 1965 Immigration Act in its initial form, the Democrat Party promoted the bill in the legislature giving assurances that the bill would not adversely influence our nation, economy, and culture. When he signed the bill into law, President Lyndon Johnson said, “This bill we sign today is not a revolutionary bill. It does not affect the lives of millions. It will not restructure the shape of our daily lives.” Immigration Subcommittee Chairman Edward Kennedy (D-MA.) reassured his colleagues and the nation with the following:

“First, our cities will not be flooded with immigrants. Secondly, the ethnic mix of this country will not be upset. [The bill] will not inundate America with immigrants from the most populated and deprived nations of Africa and Asia. In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs.”

Senator Hiram Fong (R-HI) testified that Our cultural pattern will never be changed as far as America is concerned.” In an October 4, 1965 article on the immigration bill, The Washington Post author wrote,

“The most important change [is that] preference categories give first consideration to relatives of American citizens instead of to specially skilled persons. This insured that the new immigration pattern would not stray radically from the old one.”

Sen. Strom Thurmond (R-SC), testified as follows: “The preferences established by this proposal are not entirely dissimilar from those which underlie the national origins quotas of existing law.” With hind sight as twenty-twenty, it seems fair to ask whether the supporters of the 1965 Immigration Act were actually honest about their claims that the new immigration policy would not alter the culture and ethnic composition of our Founder’s nation.

Some opponents and legislators asked critical questions painting a less rosy picture of the potential outcome. William Miller of New York wrote:

‘The number of immigrants next year will increase threefold and in subsequent years will increase even more.’ He asked, ‘Shall we, instead, look at this situation realistically and begin solving our own unemployment problems before we start tackling the world’s?'”

Myra C. Hacker, Vice President of the New Jersey Coalition, testified in the Senate Immigration Subcommittee hearing:

“We should remember that [the bill will] lower our wage and living standards [and] disrupt our cultural patterns. Whatever may be our benevolent intent toward many people, [the bill] fails to give due consideration to the economic needs, the cultural traditions, and the public sentiment of the citizens of the United States.”

In his 1982 book America in Search of Itself, Theodore White contradicted President Johnson’s signing-day assurance that it was not a revolutionary bill, writing that the bill was revolutionary and probably the most thoughtless of the many acts of the Great Society. In reality, critics were correct and the assurances that the Act would not upset the ethnic mix of our society were not justified as noted by the above data on the changes in foreign-born population associated with the Act.

Data from the US Census Bureau showing the region of birth of the foreign-born population of the United States is informative regarding the cultural transformation of the United States. From 1850-1960, Europeans and Canadians averaged approximately 95% of the foreign-born population. Southern and Eastern Europeans were greatly underrepresented in the US foreign-born population prior to 1960. In 1960, Europeans and Canadians comprised 75% which was a reduction of more than 15% of the foreign-born population compared to the previous 90 years. In 1970 this group comprised 61.7%; 1980, 39.0%; and in 1990 Europeans and Canadians comprised 26.9% of the US foreign-born population which was less than one third of the 1960 level and slightly more than one fourth of the 1850-1960 level. In contrast, Hispanics comprised an average of only 2.8% of the foreign-born population from 1850-1960. In 1960, the composition was 9.4%; in 1970, 19.4%; 1980, 33.1%; and 1990, 44.3% nearly 16 times the 1850-1960 average of the US foreign-born population. Asians comprised an average of only 1.7% of the US foreign-born population from 1850-1960. In 1960, the composition was 5.1%; 1970, 8.9%: 1980, 19.3%; and 1990, 26.3% which was more than 15 times the 1850-1960 average of the foreign-born population. In 1990, people from Africa and Oceania composed less than 2.5% of the US foreign-born population. By 2050, the racial and ethnic composition of the US population is expected to be 47% White, 29% Hispanic, 14% Black, and 9% Asian. According to this projection, the composition of whites will decline; the composition blacks will be stable; and the composition of Hispanics and Asians will increase. Although conservative pundits and other intellectuals agree, progressives always start immigration discussions with the phrase, We are a nation of immigrants, or We are all descendants of immigrants. What they fail to say is that, prior to the 1965 Immigration Act, we were a nation of European and Canadian immigrants; and after 1965, we became and nation of Asian and Hispanic immigrants .

Thirty years after implementation of the 1965 Immigration Act became law some conclusions are relevant to this discussion. A new era of mass immigration ensued in which country origins of immigrants changed radically. The European economy stabilized resulting in fewer European immigrants. Mass entry of people from Asia and Latin America and emphasis on family reunification ensured that these groups could bring in their relatives, freezing out potential immigrants from Europe and from other developing nations because of limits on total immigration numbers. Unfortunately, twice as many immigrants as native-born Americans did not have high school diplomas in the mid-1990’s. This contributed downward wage pressure to a growing pool of blue-collar workers competing for a shrinking number of well-paying jobs. This issue is compounded by increasing levels of illegal immigrants who also compete for these jobs.

In 2000, sociologist Christopher Jencks predicted that the US population will grow to 500 million by 2050 if our immigration policies do not change. After evaluating congressional politics, Jencks concluded that congress did not want to appear to be racist and their leaders would not direct change. Consequently, Jerry Kammer, in his 2015 concluding remarks, included a dire analysis of our national future by Theodore White concerning of the potential impact of the 1965 Immigration Act,

‘Only one other great republic has ever experienced such a change in the texture of its people ” the Roman Republic’ He then observed that ‘Rome could not pass on the heritage of its past to the people of its future’ and ultimately unraveled so badly that it could no longer govern itself. ‘

Kammer also included this contrarian and optimistic quote from a 1965 Immigration Act, 50th anniversary book, A Nation of Nations (2015) by Tom Gjelten, which disregards the lesson of Roman Empire history,

While immigration may swamp us, it may, if we seize the opportunity, mean the impregnation of our national life with a new brilliancy. It is only in the half century after 1965, with a population connected to every corner of the globe, that the country has finally begun to demonstrate the exceptionalism it has long claimed for itself.’

One Amazon reviewer of A Nation of Nations wrote,

“While Gjelten doesn’t make statements about assimilation with current tides of immigrant groups, he suggest[s] that these groups who differ more widely culturally than past [European immigrants] will ultimately accept the national ethos and fit in well.”

Apparently, like most US progressives, Gjelton and the reviewer believes that we can do things better than the Romans, the Soviet Communists, the Maoists, and the Cuban Communists, and achieve an internal globalist culture of new brilliancy and exceptionalism in the United States.

Without the benefit of actually reading his book, it appears that Gjelton does not believe that our Constitution and Bill of Rights are exceptional guidelines for governance or that turning the tide of victory in both World War I and World War II were exceptional events in world history. It doesn’t appear that he considered our Industrial Revolution, railroads, interstate highway system, technical revolution, IBM, Microsoft, Amazon, Facebook, and Twitter to be brilliant contributions making the United States the greatest economic power in history. As a true progressive globalist, Gjelton apparently believes that until the United States looks like the rest of the world, we cannot be either brilliant or exceptional. None of the reviews or excerpts answer the question posed by White, [With] such a change in the texture of [our] people, will the United States of America be able to govern itself? The cultural and racial diversity created by the 1965 Immigration Act has not resulted in a political and social environment of greater stability. Our educational, cultural and political elites discourage acceptance of our national ethos, our Judeo-Christian heritage, Constitutional capitalism, and individual freedom. The progressive elites consider and communicate that this national ethos is offensive to the rest of the world, especially the regions of origin for most of today’s immigrants.  Under these circumstances, how can we expect these immigrants to fit in well? Under the current circumstances in which we are losing our national ethos, my fear is that the admonition of John Jay portends a dire outcome for the United States of America, Should our Republic ever forget this fundamental precept of governance this great experiment will then be surely doomed. This component of the fundamental transformation of the United States of America could help ensure that our nation will wither away. Phrased alternatively, our Founder’s nation will cease to exist.

Border security is a critical component of immigration policy. Secure borders insure that nations have control over immigration into each country. Without secure borders and immigration policies that immediately detain or expel illegal immigrants, all immigration has the potential of becoming legal immigration which is the goal for progressive open border advocates. In this situation, citizenship and related voting rights would be meaningless; the wealthy and unscrupulous could import voters to gain control of any jurisdiction; or politicians could promise immigrants free benefits for their votes. Criminals, revolutionaries, insurgents, and freeloaders as well as unskilled and skilled workers, artisans, entrepreneurs, technicians, and highly educated professionals could flow in and out of countries. All pretexts of economic, political, legal system, and numerical population stability and predictability would be eliminated. Determination of population based representation in our republic, as in the US House of Representatives, would not be fair with the fluid population possible without immigration control and border security.  This would be a fundamental transformation of the United States of America; and our Founder’s nation could wither away.

TRANSFORMATION OF OUR NATIONAL DEFENSE

The final requirement necessary for nations to persist is the ability to remain strong and defend themselves against both foreign and domestic enemies. For the most part, we have adequate local, state, and national law enforcement and legal system to ensure domestic Tranquility; but this nation has a great deal of difficulty to provide for the common defense. The primary reason for this difficulty is the fact that the Democrat and Republican Parties have vastly different priorities regarding defense and domestic expenditures. The two parties seem to have vastly different ideas regarding the necessity maintaining the world’s most powerful military force that can defend our nation on multiple battle fronts and contingencies simultaneously. Progressives and the Democrat Party do not see this level of military power as a national necessity for funding compared to domestic program spending. Military power and force size was drastically decreased in the Carter, Clinton, and Obama administrations. Each of the intervening Bush Administrations and the current Trump Administration were confronted with depleted military forces which they attempted slowly rebuild throughout their Administrations. Unfortunately the overall trend in our military strength since the Carter Administration is downward in both numbers and capabilities. The problem was compounded during the last Bush and Trump Administrations by the long multi-front war on Radical Islamic Terrorism which has resulted in attrition of equipment due to fiscal constraints. With reduced force size, our military heroes are forced to deploy more frequently or for longer tours in theater. The result is combat fatigue, home front family difficulties for deployed forces, and potential reduction in re-enlistment numbers resulting in less experienced fighting forces.

Currently, our military cannot fight on two fronts, equipment is old and waring out with high percentage of the equipment out-of-service due to lack of repair and replacement parts. This problem and inadequate funding for continuing training means that many of our military unites are not combat ready. These problems have resulted in higher numbers of military training and mission related accidents, personnel injuries, and deaths in the last few years. In my opinion, this situation has the potential to become a threat to our national security due to increasing tensions throughout the world.

The threat of North Korean ballistic missiles armed with nuclear warheads capable of striking anywhere in the United States intensifies our military readiness issues. Incursion of China into the South China Sea seeking to control sea travel, trading routes throughout the south Pacific, and exert their naval power in the region is also worrying. The fact that China is expanding military forces with the goal of becoming the world’s preeminent military power is cause for additional concern. Iran’s expansion and aggression in the Middle East is troubling. Radical Islamic terrorism is growing not declining in Africa where the opportunity to train is enhanced due to weak governments unable to control terrorist activities.  Other parts of the world are also subjected to Radical Islamic terrorist attacks. Threats to the safety and security of the United States of America are increasing worldwide. This aspect of the transformation of the United States of America is the most concerning to me. Without a strong military capable of defending our nation against all enemies foreign and domestic is essential to ensure that my country, the United States of America, does not wither away.

In my opinion, the progressive plan to fundamentally transform of the United States of America has been executed in an incremental evolutionary manner for approximately 170 years. The goal of this transformation has always been a unified global community and economy, a utopia, governed by Marxist principles which ensure that all people share equally in all the benefits of the world regardless of their ability or willingness to contribute to the good of the world community. Phrased another way, from each according to his ability to each according to his need wealth will be redistributed on a global scale. For this goal to be achieved, the United States of America must wither away, a really fundamental transformation.  Our Founder’s nation would no longer exist.

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JUDICIAL “GOOD BEHAVIOR”

 

A woman standing in front of the supreme court.
The Constitutional term judicial good Behavior equals opinions based Constitutional original intent.

The Constitutional term judicial good Behavior equals original intent.  In my opinion, many Appellate Court and Supreme Court decisions would not be consistent with our nation’s Founders vision of judicial “good behavior.” Consequently, it is critical to ascertain the origin and meaning of the phrase judicial “good Behavior.” To progressives, judicial “good Behavior is activist court decisions that make law when the legislative process cannot, like R v Wade. To conservatives, judicial “good Behavior is judicial decisions based on the “original intent” of the Constitution and the plain meaning of the text of enacted laws. To put this in personal terms, the difference between these two perspectives on judicial “good Behavior” is the differences in the written opinions of Justice Ginsberg and Justice Scalia.

According to Article III, Section 1, the Constitutional term judicial good Behavior equals original intent in relation to term of service. The article states, The Judges shall hold their Offices during ˜good Behavior’.” Good Behavior is not used to describe either the qualifications or term of service for members of Legislative or Executive branches of the national government in Articles I and II of the Constitution, respectively. Unfortunately, the Constitution ds not define good Behavior.

The Federalist Papers, written to support ratification of the Constitution, provide the best available insight into the constitutional Framer’s meaning of good Behavior. In The Federalist No. 78 Alexander Hamilton wrote,

Judges hold their offices during ‘good behavior,’ which is the best expedient to secure a steady, upright and impartial administration of the laws.

The duty (of courts of justice) must be to declare all acts contrary to the manifest tenor of the constitution,’ void. Without this, all the reservations of particular rights or privileges would amount to nothing.

Every act of a delegated authority (including decisions of the judiciary), contrary to the tenor of the commission (Constitution) under which it is exercised, is void.

Consequently, good Behavior, described in Article III, Section 1, is court decisions that reflect the manifest tenor of the constitution. Manifest tenor is the original intent based on the constitutional text, grammar, textural construction, and the words as defined when the Constitution and Amendments were ratified by We the People. Manifest tenor also refers to the principle train of thought or idea that runs through each article and  section of the Constitution.

Hamilton also discouraged judicial activism which seeks to infer original intent regarding the Constitution or laws that extends beyond the actual text and grammatical construction of the documents. In The Federalist No. 81, he wrote,

There is not one syllable in the plan under consideration (Constitution), which directly empowers the national courts to construe the laws according to the spirit of the constitution.

Hamilton went on to write that court rulings that go beyond the manifest tenor of the Constitution would constitute “a series of deliberate usurpations on the authority of the legislature. Finally, Hamilton suggested that rulings outside the manifest tenor of the Constitution should lead to the important constitutional check the power of instituting impeachments, upon the members of the judicial department. Throughout the Constitutional history of the United States of America the legislative branch has failed to use the power of impeachment to control judges who do not base their opinions on the manifest tenor of the Constitution. Consequently, the Judicial Branch of our national government is an unchecked oligarchy, a flaw in our system, since the Constitution ds not specify any meaningful checks on the decisions of the Federal judiciary.

Additionally, disrespectful judicial rulings that usurp the will of We the People occur when jurists proport an ability to construe the laws according to the spirit of the constitution or craft opinions that are not based on the textural original intent, the manifest tenor of the Constitution and its Amendments. After all, We the People ratified the manifest tenor of each part of the Constitution and its Amendments. Each of the 535 members of the US Congress and the President were elected by We the People. It is the US Congress which passes legislation that becomes law when signed by the President. Consequently, State and Federal laws, and Inferior US Court opinions consistent with the manifest tenor of the Constitution, must be upheld by our courts because they reflect the collective will of We the People. The same is true of Presidential Executive Orders that are consistent with the manifest tenor of the Constitution.

Conversely, The duty (of courts of justice) must be to declare all acts contrary to the ˜manifest tenor of the constitution,’ void. When judicial rulings are not based on the manifest tenor of the Constitution, the offending jurist places their opinion above the collective wisdom of all We the People. This is true whether the opinion is that of an individual judge, a panel of judges, or a nine Justice US Supreme Court ruling, Judicial rulings that give the standing of law to progressive social policies remove the political initiative from We the People giving it to the government agencies or private entities, like Planned Parenthood, adding to Democrat power. When the elected representatives of We the People make laws about social issues, as Conservatives and the Republican Party prefer, power originates with We the People.

In accordance with Article II, Section 2, Paragraph 2 of the Constitution, President Trump has nominated Supreme Court Justices and US Inferior Court Judges that will make decisions based on originalist concepts that include manifest tenor and reject attempts to “construe the laws according to the spirit of the constitution. The Republican Senate has fulfilled its Article II Advice and Consent obligations and confirmed President Trump’s Judicial nominations. Consequently, progressive changes to our society should be decided through the legislative process where We the People, through our elected legislators, will determine what is best for We the People.  An unelected Judiciary will no longer rule against the will of We the People. The Democrat Party will lose power; and, through his Judiciary nominations, President Trump and the Republican Senate returned power to We the People.

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