Timothy N. Baldwin, JD.
November 26, 2010
Those who would classify themselves as the enemies of tyranny and advocates of freedom have offered—and for quite some time—many reasons why the United States are in the condition they are in. These reasons need to be reduced to their principle and need to be studied in terms of both society and government phenomenon before real remedies can be applied to the problems caused by the reasons. The reasons can be summarized into three main statements. The problem with the United States:
is not with the United States Constitution (“USC”) but with
the people of America;
(2) is not with the USC or the people but with government rulers; and
(3) is with the USC, regardless of the people or rulers.
(3) The problem with the United States of America is with the USC, regardless of the people or rulers.
this argument to be more incorrect than the prior two general arguments
posed and already discussed namely because this proposition focuses on
the inanimate, the non-living as the source for the problems of the animate,
the living. However, as discussed in parts 1,
2 and 3 of this
series, the USC is not blameless. Still, if there is anything that social
history and science shows, it is that constitutions do not enforce themselves,
regardless of how well or badly the constitution is worded.
Further, constitutions are more than formations of government: they are political connections of people. Constitutions must be executed and applied by people in society. Yet, it is only because people possess inherent flaws and defects that constitutions are implemented. Do we not see the contradiction and quandary?
Human nature has the capability of destroying anything good whether intentionally or not. In a republican form of government, the government rulers reflect in large part the character of the constituents, and the downward spiral of government and the constitution become more intense as society continues to breakdown. When society loses the necessary ingredients for self-government and self-responsibility, no constitution can save them from self-destruction and even slavery. The nation of Israel in the Old Testament provides a prime and useful example of this truth. Israel at one time had as perfect of a constitution for their people and circumstances under a theocratic form of government as any society could form. God administered justice through His administers (Moses, Joshua, etc.) on behalf of the twelve separate and distinct jurisdictions, called tribes (i.e. a federation). Yet, the tribes of Israel rejected their Theocratic form of justice and administration and rather chose to be governed under a monarchy form of government where a human king unilaterally administered justice instead. This proved to be a harmful and unwise decision. So, regardless of how good the constitution was for Israel under God’s rule, human nature chose differently and prevailed to destroy the good they possessed under their constitution.
At the same time, where society possesses the necessary ingredients of self-government and self-responsibility through their recognition of their duties to God and man, that society need not possess a written constitution at all. Their constitution would reflect the purposes for which that society was formed. History, however, shows that such societies exist only for a short period of time (if at all) and in limited circumstances. Eventually, society’s conditions require a reformation of the constitution, government and body-politic. For these same reasons, even societies living under a written constitution require similar reformations and restructuring, simply because the social, commercial, political, moral and religious dynamics require so for the sake of freedom.
Still, stating a general theory, if the people of the United States over two centuries sufficiently guarded their own freedom under the same or similar cultural conditions of 1787 (as the USC was framed), any delinquencies in the USC could and would be supplied by the good will, morals and character of the people. For in truth, constitutions and laws do not make people law-abiding. Respecting and following the law (as it comports to true justice) comes from an internal desire to please God and not to invade the rights of others. However, human nature tends to shirk and forget these duties, and societies inevitably change to the point that it is impossible for parts of society to be governed under the same government framework as others, especially where part of the society falls in line with statism and the other with individualism. Thus, the problem with the United States is not with the USC alone. Rather, the makeup and character of the people, with the help of their (religious and government) rulers, over the past two centuries have contributed to the corrosive decay of society and government on all levels.
The observation and conclusion stated above may reveal the obvious, but perhaps what may not be so obvious and what requires more study and analysis in the posed problems is that all three problems correlate to and interconnect with each other. Especially in a republican form of government, the interconnectivity of the problems’ contributing factors become much more complex and difficult to identify, qualify and quantify; thus, the answers are harder to find and apply. The natural result in republics, as history shows, is ultimately a complete collapse because the problems are never solved but are perpetuated by society and government collectively. Human nature rarely likes to endeavor in ventures outside its comfort zone, and most of the time, true solutions are uncomfortable. So, instead of the people taking responsibility for the problems and situations at hand, they indifferently and willingly give to government all the authority and power to “solve” the problem which the people or smaller governments should be responsible for in the first place. Simultaneously, the government tells the people that they need them and ask for (or take) more power to “solve the problem,” never giving the power back of course. Eventually, both society and government are incapable of reconciliation to the constitution.
The truth is, all of the problems stem from human nature; that is, all of the flaws, inclinations, tendencies and corruptions inherent in not just an individual but also groups of individuals and groups of societies. As the societies grow and become more complex, the problems stemming from human nature correlatively (and even exponentially) increase. Therefore, understanding the true nature of the problems the United States faces requires a much deeper thought process than just generalized conclusions about the people, the constitution and the government.
Given the nature of the national system under the USC today, one must analyze the problems from the individual States’ perspective. This allows the problems to become more manageable, understandable and answerable. However, to do this requires that he recognize the significance and importance of the sovereignty and independence of local and State authority, for as was admitted by James Madison, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The problems of the republics of the United States will never and can never be solved on a national level. To be certain, this large and complex national system is destined for ruin and destruction until the people of the States begin solving problems in their own house and in their own yards.
So, start cleaning up your own local mess. Take personal responsibility for your actions and teach your children morality, accountability and the principles of freedom. Focus your political efforts on the state level. Learn what it means to be a sovereign body-politic and State: (1) government, (2) economy, (3) money, (4) borders, (5) people and (6) defense. Demand your state officials to govern pursuant to the parallel and impenetrate lines of sovereignty as required by the USC. Quit focusing so much effort, time and money on Washington D.C. Elect a county sheriff who understands the role and authority of the head law-enforcement official in the county and who is willing to protect your freedom against State or Federal encroachment. Elect state legislators who will use their authority to protect freedom. Elect a governor who has the mind, heart, backbone and guts to resist federal encroachment.
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Conduct personal study: (deeply) study philosophers, such as, John Locke, John Rousseau, Algernon Sidney, Hugo Grotius, Emer De Vatel, Ludwig Von Mises, Francis Bacon, Nicolo Machiavelli, Sir Edward Coke, Sir William Blackstone, David Hume, Samuel Rutherford, Charles Montesquieu, George Berkley and a host of others, to help you analyze political truth and understanding. When the States become strong, independent and sovereign in their own internal function and power, their ability to rectify the problems emanating from the current national system will become noticeably more identifiable and manageable. Consequently, freedom will have, at last, a hope of success once again in at least one State in America. For if there is anything revealing and obvious about the problems in the United States (whatever the cause), it is that the placement of priority, authority and power among federal, state, local and individual entities is extremely misplaced.
Note: I added “or the people” to this statement, which was
not contained in parts 1 and 2 of this article series.
2. “Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers. For whoremongers, for them that defile themselves with mankind, for menstealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine.” 1 Timothy 1:9,10 (kjv) (emphasis added). “[T]he law made nothing perfect.” Hebrews 7:19 (kjv).
3. See, Romans 13:1-7 (kjv).
4. America is a political union made up of sovereign and several States and not one mass of American people. See, “[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere. In this relation, then, the proposed government cannot be deemed a NATIONAL one.” James Madison, Federalist Paper 39. “[T]he Constitution is to be founded on the assent and ratification of the people of America…[T]his assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore, establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.” James Madison, Federalist Paper 39.
5. James Madison, Federalist Paper 45 (emphasis added).
6. “Is the administration of justice between the citizens of the same State the proper department of the local governments? [The States] must possess all the authorities which are connected with this object, and with every other that may be allotted to their particular cognizance and direction.” Alexander Hamilton, Federalist Paper 23.
7. “[P]owers of the general government should be limited, and that, beyond this limit, [and] the States should be left in possession of their sovereignty and independence.” James Madison, Federalist Paper 40. “State governments, by their original constitutions, are invested with complete sovereignty.” Alexander Hamilton, Federalist Paper 31 (emphasis added).
8. “[T]he States will retain, under the proposed Constitution, a very extensive portion of active sovereignty.” James Madison, Federalist Paper 45.
9, “Independent of parties in the national legislature itself…the State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if any thing improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.” Alexander Hamilton, Federalist Paper 26. “If the [federal] representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state.” Alexander Hamilton, Federalist Paper 28.
10, “[I]n a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these [state governments] will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress.” Alexander Hamilton, Federalist Paper 28.
11, Not the least of which, the Bible.
12, “When will the time arrive that the federal government can raise and maintain an army capable of erecting a despotism over the great body of the people of an immense empire, who are in a situation, through the medium of their State governments, to take measures for their own defense, with all the celerity, regularity, and system of independent nations?***It may safely be received as an axiom in our political system, that the State governments will…afford complete security against invasions of the public liberty by the national authority.” Alexander Hamilton, Federalist Paper 28.
© 2010 Timothy N. Baldwin, JD - All Rights Reserved
Timothy N. Baldwin is an attorney from Pensacola, FL. He received his bachelor of arts degree at the University of West Florida in 2001 and received his Juris Doctorate degree from Cumberland School of Law at Samford University in 2004. Baldwin was a Prosecutor in the 1st District of Florida from 2004 to 2006. In 2006, he started his own law practice, where he created specialized legal services entirely for property management companies.
Like his father, Chuck Baldwin, Timothy Baldwin is an astute articulator of cutting-edge political ideas, which he posts on his website, www.libertydefenseleague.com and speaks about in various public forum. Baldwin is the author of Freedom For A Change, in which he expounds the fundamental principles of freedom believed by America’s forefathers and gives inspiring and intelligent application of those principles to America’s current political and cultural standing. Baldwin believes that the times require all freedom-loving Americans to educate, invigorate and activate the principles of freedom within the STATES of America for ourselves and our posterity.
Web site: LibertyDefenseLeague