They overran it in the early morning while the British sentry was sleeping.
Ethan Allen, whose statue is in the U.S. Capitol‘s Statuary Hall, demanded immediate surrender.
The bewildered British captain asked in whose name such a request was being made.
Ethan Allen hotly retorted:
“In the Name of the Great Jehovah and the Continental Congress.”
Fort Ticonderoga’s 50 cannons were incredibly moved by 25-year-old Colonel Henry Knox over 200 miles from New York across Vermont and New Hampshire to a hill overlooking Boston Harbor, forcing British ships to evacuate.
“If God be for us, who can be against us?..May our land be purged from all its sins! Then the Lord will be our refuge and our strength, a very present help in trouble, and we will have no reason to be afraid, though thousands of enemies set themselves against us.”
As General, Washington acknowledged God after victories throughout the Revolution and as President thanked God for the Constitution, October 3, 1789:
“Whereas it is the duty of all nations to acknowledge the Providence of Almighty God…
I do recommend…rendering unto Him our sincere and humble thanks, for…the favorable interpositions of His Providence…we experienced in the course and conclusion of the late war…for the peaceable and rational manner in which we have been enabled to establish constitutions of government.”
Get the book, Prayers and Presidents
Washington was Anglican, and after the Revolution, Episcopalian.
His great-great-grandfather, Rev. Lawrence Washington, was an Anglican minister in Essex, England, who lost his position when the Puritans won the Civil War.
Washington’s great-grandfather, John Washington, immigrated to Virginia and became a planter, politician, and militia leader, who even had a local Anglican church renamed “Washington” in his honor. John Washington left to the church of a tablet with the Ten Commandments..
Washington’s grandfather, Lawrence, was
Anglican, as was his father, Augustine, who served as a vestryman at the Anglican Truro Parish.
George Washington became vestryman in Truro Parish, and was godfather in baptism to a niece and several nephews.
Washington had the Declaration of Independence read to his troops, then ordered chaplains placed in each regiment, stating July 9, 1776:
“The General hopes and trusts, that every officer and man, will endeavour so to live, and act, as becomes a Christian Soldier, defending the dearest Rights and Liberties of his country.”
General Washington wrote at Valley Forge, May 2, 1778:
“To the distinguished character of Patriot, it should be our highest Glory to laud the more distinguished Character of Christian.”
To the Delaware Indian Chiefs who brought three youths to be trained in American schools, General Washington stated, May 12, 1779:
“You do well to wish to learn our arts and ways of life, and above all, the religion of Jesus Christ.”
On October 2, 1775, General George Washington issued the order:
“Any…soldier who shall hereafter be detected playing at toss-up, pitch, and hustle, or any other games of chance…shall without delay be confined and punished…The General does not mean by the above to discourage sports of exercise or recreation, he only means to discountenance and punish gaming.”
On February 26, 1776, General Washington issued the orders:
“All…soldiers are positively forbid playing at cards and other games of chance. At this time of public distress men may find enough to do in the service of their God and their country, without abandoning themselves to vice and immorality.”
On July 4, 1775, General Washington ordered:
“The General…requires…observance of those articles of war…which forbid profane cursing, swearing and drunkenness; And.. .requires… punctual attendance of Divine Services.”
As recorded in The Writings of George Washington (March 10, 1778, 11:83-84, U.S. Government Printing Office, 1934), General Washington ordered:
“At a General Court Marshall…Lieutt. Enslin of Colo. Malcom’s Regiment tried for attempting to commit sodomy….and do sentence him to be dismiss’d the service with Infamy. His Excellency the Commander-in-Chief approves the sentence and with Abhorrence and Detestation of such Infamous Crimes orders Liett. Enslin to be drummed out of Camp tomorrow morning by all the Drummers and Fifers in the Army never to return.”
In his Farewell Address, 1796, Washington stated:
“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.”
“The Arkansas Sheriff’s Association supports the Constitution and the 2nd Amendment rights of our citizens’. We recognize the recent increase in violence and mass shootings have raised questions relating to the sale and possession of firearms. The Arkansas Sheriff’s Association further believes that we must hold offenders responsible, not law abiding citizens.
The Arkansas Sheriff’s Association does support enforcement of the existing gun laws and the strengthening of current back ground checks including identifying individuals with mental health issues. The Arkansas Sheriff’s Association does not support legislation that restricts current gun possession or sales to our citizens that weakens our 2nd Amendment rights.
Thanks to Johnson County Sheriff, Jim Dorney, for the heads up!
This is nothing more than intimidation by the federal government, ignoring laws and violating the trust of the people. This video needs to be shared far and wide. The reason for the raid will shock you! The tactics that are used are determined to instill fear. hat tip to my friend D for this post!
“It will be of little avail to the people that the laws are made by men of their choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood” James Madison
“The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms.” James Madison
“Democracy… while it lasts is more bloody than either aristocracy of monarchy. Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” John Adams
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” John Adams
“Work as if you were to live a hundred years. Pray as if you were to die tomorrow.” Benjamin Franklin
“Rebellion against tyrants is obedience to God.” Benjamin Franklin
There is a lot of discussion about State’s Rights and whether so many of the policies and regulations that are being proposed on the Federal Scale are in violation of the States Rights. Personally I think that many of them are, but one of the worst cases is the Federal Involvement in our schools. I think that a large portion of our educators, legislators, and laypeople are unaware that legally the federal government has no right to force any standards upon the schools. They may suggest, offer money for the policies that they want implemented, but they have no legal authority to force states to follow these standards.
How much influence do we want a federal government to have? When do we stop letting them force by bullying and threatening the schools in order to get policies in place that go totally against our moral values and common sense? We have in power an administration that uses bullying, threats, and even suing states in order to force their will upon the people of this country. How far do they go before it becomes treasonous? When you are in the process of destroying the very thing that you took an oath to protect, when does it become a violation? I am not saying that this leadership should be tried for treason, I am saying when are the people of this country and leaders in the separate states going to wake up and realize that what is being done to them is in violation of the Constitution and that they do have other options that to just answer the lawsuits in court and depend upon a Federal Court that may be just a guilty of violating their own oath of office.
Our founders intent was for the States to trump the Federal, for the Federal to be an arm of the State to promote the welfare of the States and the people. We have let it be turned around where the States are an aterthought and only seem to enjoy rights granted to them by the Federal Government and those are constantly being ignored or whittled away if they don’t fit the desires of whomever is in power at the time.
A DISCOURSE ON THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES–
John C. Calhoun, Union and Liberty: The Political Philosophy of John C. Calhoun 
If it be possible still to doubt that the several States retained their sovereignty and independence unimpaired, strong additional arguments might be drawn from various other portions of the instrument—especially from the third article, section third, which declares, that— “treason against the United States, shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort.” It might be easily shown that— “the United States” —mean here—as they do everywhere in the constitution—the several States in their confederated character—that treason against them, is treason against their joint sovereignty—and, of course, as much treason against each State, as the act would be against any one of them, in its individual and separate character. But I forbear. Enough has already been said to place the question beyond controversy. Read the entire discourse at Online Library of Liberty!
When the United States of America was formed there were many forms of government that were considered. One of them was a monarchy but this was the very type of governance that they were fleeing. They established a republic in the hopes that this was what would be the best for all the people. Something that would give them all the chance of a future without being under the thumb of rulers that had only their own interests in mind most of the time. They did not want the people to wind up a nation of servants.
And yet here we are. Our leaders have brought us to the very place that we ran away from. The place that many of the founders laid down their lives and fortunes to give us something better. Not only did they sacrifice, but a selfish and self centered nation is in the process of erasing them from the very history that they sacrificed for. They are being repainted as selfish men who had no other desire than to profit for themselves, without any real regard to the true history that shows how much they actually lost in money and life.
The people of this country have given control to a few men and women who lie to them with glib tongues and illusions to make it appear as if they themselves are not responsible for anything and that it is always someone else fault. That if we don’t give them what they want we will be destroy. A constant fear being laid upon our souls as if they are the only thing that stands between us and eternal destruction. And if anyone thinks that I am referring to any particular party here, I am not. Neither of them know how to lead. None of them seem to even understand and care how the country was founded or the sacrifices that were made.
Instead the current generation is so far from the sacrifice as to simply be greedy hogs simply looking for the next way they can profit from our despair. They use fear as a tool and our money to line their own pockets. They lie as fast as they open their mouths and tell anyone and all whatever they think that will get them what they desire. They take no responsibility for their own actions, even when those actions cost the lives of so many good men and women.
The have abdicated their own power for profit, or grabbed power that they have no right to in order to subvert the Constitution and enslave the men and women that they took an oath to protect and defend. They give away our secrets to our enemies, turn their backs on our allies, and destroy our country in so many ways that it is impossible to keep up with. They are constantly imposing new regulations than cripple our economy or stifle business’.
With the stroke of a pen our President declares that abortion must be made available and therefore anyone who doesn’t wish to provide is in the wrong and must pay through the nose. If this were anyone else, forcing their ideas upon some other country, they would and have been declared dictators. And yet somehow because he was elected President those that approve of his actions, go right along, even though the previous President was maligned right and left for doing similar actions.
Since when does two wrongs make a right? Since when is it okay for someone to break the law simply because they are on the other side of the fence? Should we not hold our own leaders to a higher standard than we hold the rest of the world? Since when does it become alright for our guy but not for yours? Evil is evil no matter who commits it. Wrong is wrong no matter what letter comes after their name as in political party.
The people of this country voted for a President!! A man to lead them not a man that they were expected to serve. We voted for a continuation of our county. We were not asked to vote for a monarchy!!!! And yet it seems as if that is what our leaders feel is due them.
When the people of Israel decided that they wanted a King, God warned them of what to expect. It looks an awful lot like what we have right now. The difference is that we didn’t ask for it and it is being forced upon us.
1 Samuel 8
Good News Translation (GNT)
10 Samuel told the people who were asking him for a king everything that the Lord had said to him. 11 “This is how your king will treat you,” Samuel explained. “He will make soldiers of your sons; some of them will serve in his war chariots, others in his cavalry, and others will run before his chariots. 12 He will make some of them officers in charge of a thousand men, and others in charge of fifty men. Your sons will have to plow his fields, harvest his crops, and make his weapons and the equipment for his chariots. 13 Your daughters will have to make perfumes for him and work as his cooks and his bakers. 14 He will take your best fields, vineyards, and olive groves, and give them to his officials. 15 He will take a tenth of your grain and of your grapes for his court officers and other officials. 16 He will take your servants and your best cattle[a] and donkeys, and make them work for him. 17 He will take a tenth of your flocks. And you yourselves will become his slaves. 18 When that time comes, you will complain bitterly because of your king, whom you yourselves chose, but the Lordwill not listen to your complaints.”
The sermon that Samuel Cooper gave on the day of commencement for the Constitution in 1780 is a truly wonderful read, it you are interested you may find it here:
He truly believed in what was being created in this United States of America and he played his part in teaching the people who followed him. He didn’t shy away and say pastors should stay out of politics. He and so many other pastors of his day were instrumental in shaping the future of this country. Far from thinking that their place was separate, they believed themselves an essential part of the fabric of the country. They probably would be amazed and horrified to find that far from a country that followed the tenets of Biblical Law, we are fast becoming a nation that has no center at all and in fact is just as likely to follow Shariah law. From the Online Library of Liberty we find the following about him and an excerpt from one of his sermons:
The Massachusetts clergyman Samuel Cooper (1725-1783) gave a patriotic sermon in 1780 to celebrate the adoption of the Articles of Confederation. He concludes by urging his listeners to help build “the new city” in America by making the wilderness fruitful, inviting the injured and oppressed to come to America, and to create a country which “breaths” the principles of “peace on earth, and good will towards men”
“… So favourable, through the divine superintendence, is the present situation of the powers in Europe, to the liberties and independence for which we are contending. But as individuals must part with some natural liberties for the sake of the security and advantages of society; the same kind of commutation must take place in the great republic of nations. The rights of kingdoms and states have their bounds; and as in our own establishment we are not likely to find reason, I trust we shall never have an inclination to exceed these bounds, and justly to excite the jealousy and opposition of other nations. It is thus wisdom, moderation and sound policy would connect kingdoms and states for their mutual advantage, and preserve the order and harmony of the world. In all this these free states will find their own security, and rise by natural and unenvied degrees to that eminence, for which, I would fain perswade myself, we are designed.
“It is laudable to lay the foundations of our republicks with extended views. Rome rose to empire because she early thought herself destined for it. The great object was continually before the eyes of her sons: It enlarged and invigorated their minds; it excited their vigilance; it elated their courage, and prepared them to embrace toils and dangers, and submit to every regulation friendly to the freedom and prosperity of Rome. They did great things because they believed themselves capable, and born to do them. They reverenced themselves and their country; and animated with unbounded respect for it, they every day added to its strength and glory. Conquest is not indeed the aim of these rising states; sound policy must ever forbid it: We have before us an object more truly great and honourable. We seem called by heaven to make a large portion of this globe a seat of knowledge and liberty, of agriculture, commerce, and arts, and what is more important than all, of christian piety and virtue. A celebrated British historian observes, if I well remember, that the natural features of America are peculiarly striking. Our mountains, our rivers and lakes have a singular air of dignity and grandeur. May our conduct correspond to the face of our country! At present an immense part of it lies as nature hath left it, and human labour and art have done but little, and brightened only some small specks of a continent that can afford ample means of subsistence to many, many millions of the human race. It remains with us and our posterity, to “make the wilderness become a fruitful field, and the desert blossom as the rose”; to establish the honour and happiness of this new world, as far as it may be justly our own, and to invite the injured and oppressed, the worthy and the good to these shores, by the most liberal governments, by wise political institutions, by cultivating the confidence and friendship of other nations, and by a sacred attention to that gospel that breaths “peace on earth, and good will towards men.” Thus will our country resemble the new city which St. John saw “coming down from God out of heaven, adorned as a bride for her husband.” Is there a benevolent spirit on earth, or on high, whom such a prospect would not delight?…
O thou supreme Governor of the world, whose arm hath done great things for us, establish the foundations of this commonwealth, and evermore defend it with the saving strength of thy right hand! Grant that here the divine constitutions of Jesus thy Son may ever be honoured and maintained! Grant that it may be the residence of all private and patriotic virtues, of all that enlightens and supports, all that sweetens and adorns human society, till the states and kingdoms of this world shall be swallowed up in thine own kingdom: In that, which alone is immortal, may we obtain a perfect citizenship, and enjoy in its completion, “the glorious Liberty of the Sons of God![”] And let all the people say, Amen!”
When Noah Webster wrote this public letter to the dissenting members of the Convention of Pennsylvania, published in the Daily Advertiser of New York on the 31 of December, 1787, he could not foresee a time when land owners in the United States of America would be even more restricted in many ways that what they faced at the time in Europe. With the EPA and many other government agencies, we have gone far beyond the restrictions that they faced then. Now we have to have the government approve what we build, what we till and plant, how much dust we are allowed to stir up, and even how we use any water on our property. They can declare it a wetland and fine you or forbid you from using it even if it has no water on it and is surrounded by a subdivision. I wonder what he would say today?
I wonder at his thought at the Constitution that he helped to establish would be perverted in the ways that it has been to become instead of an acclamation of our freedom and rights to a tool being used to limit us from those freedoms and rights? I wonder what he would say to those currently trying to limit our rights to bear arms?
“America” [Noah Webster]
To the DISSENTING MEMBERS of the late Convention Of Pennsylvania.
But to complete the list of unalienable rights, you would insert a clause in your declaration, that every body shall, in good weather, hunt on his own land, and catch fish in rivers that are public property. Here, Gentlemen, you must have exerted the whole force of your genius! Not even the all-important subject of legislating for a worldcan restrain my laughter at this clause! As a supplement to that article of your bill of rights, I would suggest the following restriction:—“That Congress shall never restrain any inhabitant of America from eating and drinking, at seasonable times, or prevent his lying on his left side, in a long winter’s night, or even on his back, when he is fatigued by lying on his right.”—This article is of just as much consequence as the 8th clause of your proposed bill of rights.
But to be more serious, Gentlemen, you must have had in idea the forest-laws in Europe, when you inserted that article; for no circumstance that ever took place in America, could have suggested the thought of a declaration in favor of hunting and fishing. Will you forever persist in error? Do you not reflect that the state of property in America, is directly the reverse of what it is in Europe? Do you not consider, that the forest-laws in Europe originated in feudal tyranny, of which not a trace is to be found in America? Do you not know that in this country almost every farmer is Lord of his own soil? That instead of suffering under the oppression of a Monarch and Nobles, a class of haughty masters, totally independent of the people, almost every man in America is a Lord himself—enjoying his property in fee? Where then the necessity of laws to secure hunting and fishing? You may just as well ask for a clause, giving licence for every man to till his own land, or milk his own cows. The Barons in Europe procured forest-laws to secure the right of hunting on their own land, from the intrusion of those who had no property in lands. But the distribution of land in America, not only supersedes the necessity of any laws upon this subject, but renders them absolutely trifling. The same laws which secure the property in land, secure to the owner the right of using it as he pleases. Read more at the Online Library of Liberty!
The Federal Convention, 17 September 1787
In the debate between Federalists and Anti-Federalists over the need for a bill of rights, Anti-Federalists generally believed that the absence of a written declaration was a major defect of the proposed Constitution. Without a bill of rights, they claimed, the government may become one of unlimited powers and trample on the rights and liberties of the people. Most Federalists argued that a written declaration of rights was unnecessary in theory and ineffectual in practice. In practical terms, Federalists claimed that the people’s rights and liberties are protected by the numerous constitutional safeguards that provide for mutual checks among the departments of government. Further, they insisted, the real security for the people’s rights is achieved by connecting the interests of the rulers with the interests of the people so that the rulers will have no motive to invade the rights of the people; or they argued that the true security for rights and the preservation of liberty can only be achieved by the ongoing perseverance of a freedom-loving people of sound sense and honest hearts. In theoretical terms, many Federalists claimed that the very idea of a constitution of enumerated and limited powers removes the need for a bill of rights. Elaborating on the notion of constitutionalism, they maintained that because the people delegate power to the government, and not vice versa, all powers that are not delegated are necessarily reserved to them as men or as citizens. The enumeration of the rights of the people carries with it the potential for abuse, for in the future it may be presumed that only those rights listed belong to the people. And it would be sheer folly, they said, to attempt to enumerate all the rights of mankind Online Library of Liberty
In the post I put up previously about the founding Father’s there was something that struck me! Roger Sherman stated:
There is one amendment proposed by the convention of South Carolina respecting religious tests, by inserting the word other, between the words no and religious in that article, which is an ingenious thought, and had that word been inserted, it would probably have prevented any objection on that head. But it may be considered as a clerical omission and be inserted without calling a convention; as it now stands the effect will be the same”
This was written in his second letter to the New Haven Gazette on the 25th of December 1788. It made me wonder how much history would have changed if that word, other, had been inserted in between the words no and religious?
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
From the Congressional Debates of 1789, we have this discussion on Religious Amendments:
August 15, 1789 First Federal Congress (Amendments-religious reference)
The House again went into a Committee of the Whole on the proposed amendments to the Constitution. Mr. Boudinot in the chair.
The fourth proposition being under consideration, as follows:
Article 1. Section 9. Between paragraphs two and three insert ‘no religion shall be established by law, nor shall the equal rights of conscience be infringed.
Mr. SYLVESTER had some doubts of the propriety of the mode of expression used in this paragraph. He apprehended that it was liable to a construction different from what had been made by the committee. He feared it might be thought to abolish religion altogether.
Mr. VINING suggested the propriety of transposing the two members of the sentence.
Mr. GERRY said it would read better if it was no religious doctrine shall be established by law.
Mr. SHERMAN thought the amendment altogether unnecessary, inasmuch as Congress had ‘no authority whatever delegated to them by the Constitution to make religious establishments; he would, therefore, move to have it struck out.’
Mr. CARROLL As the rights of conscience are, in their nature, a peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the government than almost any other opinion he heard proposed. He would not contend with gentlemen about the phraseology, his object was to secure the substance in such a manner as to satisfy the wishes of the honest part of the community.
Mr. MADISON said he apprehended the meaning of the words to be, that Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience. Whether the words are necessary or not, he did not mean to say, but they had been required by some of the state conventions, who seemed to entertain an opinion, that under the clause of the Constitution, which gave power to Congress to make all laws necessary and proper to carry into execution the constitution, and the laws made under it, enabled them to make laws of such a nature as might infringe the rights of conscience, and establish a national religion; to prevent these effects he presumed the amendment was intended, and he thought it as well expressed as the nature of the language would admit.
Mr. HUNTINGTON said that he feared, with the gentleman first up on this subject, that the words might be taken in such latitude as to be extremely hurtful to the cause of religion. He understood the amendment to mean what had been expressed by the gentleman from Virginia; but others might find it convenient to put another construction on it. The ministers of their congregations to the eastward were maintained by contributions of those who belong to their society; the expense of building meeting houses was contributed in the same manner. These things were regulated by bylaws. If an action was brought before a federal court on any of these cases, the person who had neglected to perform his engagements could not be compelled to do it; for a support of ministers or buildings of places of worship might be construed into a religious establishment.
By the charter of Rhode Island, no religion could be established by law; he could give a history of the effects of such a regulation; indeed the people were now enjoying the blessed fruits of it. He hoped, therefore, the amendment would be made in such a way as to secure the rights of conscience, and the free exercise of religion, but not to patronize those who professed no religion at all.
Mr. MADISON thought, if the word ‘National’ was inserted before religion, it would satisfy the minds of honorable gentlemen. He believed that the people feared one sect might obtain a pre-eminence, or two combined together, and establish a religion, to which they would compel others to conform. He thought if the word ‘National’ was introduced, it would point the amendment directly to the object it was intended to prevent.
Mr. LIVERMORE was not satisfied with the amendment; but he did not wish them to dwell long on the subject. He thought it would be better if it were altered, and made to read in this manner, that Congress shall make no laws touching religion, or infringing the rights of conscience.
Mr. GERRY did not like the term National, proposed by the gentleman from Virginia, and he hoped it would not be adopted by the House. It brought to his mind some observations that had taken place in the Conventions at the time they were considering the present constitution. It had been insisted upon by those who were called anti-federalists, that this form of government consolidated the union; the honorable gentleman’s motion shows that he considers it in the same light. Those who were called anti-federalists at that time, complained that they were in favor of a federal government, and the others were in favor of a National one; the federalists were for ratifying the constitution as it stood, and the others did not until amendments were made. Their names then ought not to have been distinguished by federalists and anti-federalists, but rats and anti-rats.
Mr. MADISON withdrew his motion but observed that the words single ‘no National religion shall be established by law’, did not apply that the government was a national one; the question was then taken on MR. LIVERMORE’s motion, and passed in the affirmative 31 for it, and 20 against it.(5)
(End of Religious Reference)
I find it odd that people can read the amendment and clearly understand that the government is not allowed to infringe on the rights of the press, and yet as the same time ignore the statement that this same government is forbidden from infringing upon the rights of the people to practice their religion and to assemble peaceably as they will.
ARTICLE THE THIRD.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition to the government for a redress of grievances.
I also find it odd that those we elect to serve us and defend and protect the Constitution of the United States of American, assume that their role is instead to change that very document into something that suits their ideas of what should be. We have a responsibility to those who come after us to teach them the true meaning of what the oath of affirmation says.
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
We have strayed very far from our beginnings, so far that children today seem to believe that our President serves as a Monarch, instead as part of a trinity of three equal branches of government with each having their own established jobs to do. We have let Presidents take power by way of Presidential Signings that has no real basis in law, and yet they use this power to force their will upon the people even when the people who elected them cry out for change. Our current discussion of limiting the rights of the people is another power grab that goes totally against the Constitution and knowing it, our leaders intend to do all they can to steal this right away from the people. This was not unforeseen by those very writers of the Constitution:
“A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.”
Mr. GERRY: This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous and prevent them from bearing arms.
What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Now, it must be evident, that, under this provision, together with their other powers, Congress could take such measures, with respect to a militia as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins. This was actually done by Great Britain at the commencement of the late revolution. They used every means in their power to prevent the establishment of an effective militia to the eastward. The Assembly of Massachusetts, seeing the rapid progress that administration were making to divest them of their inherent privileges, endeavored to counteract them by the organization of the militia; but they were always defeated by the influence of the Crown.
These gentlemen knew what it was like to be under an oppressive government. They understood the probability that there would come a time when our government no longer served the people but instead used force to impose their will upon them. They wanted to prevent this from happening.
Thomas Jefferson (1743-1826)
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
Was the government to prescribe to us our medicine and diet, our bodies would be in such keeping as our souls are now.
I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.
“Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes… Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” (Quoting Cesare Beccaria)
The beauty of the Second Amendment is that it will not be needed until they try to take it.
The policy of the American government is to leave their citizens free, neither restraining nor aiding them in their pursuits.
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.
To take from one because it is thought that his own industry and that of his father’s has acquired too much, in order to spare to others, who, or whose fathers, have not exercised equal industry and skill, is to violate arbitrarily the first principle of association—the guarantee to every one of a free exercise of his industry and the fruits acquired by it.
I think myself that we have more machinery of government than is necessary, too many parasites living on the labor of the industrious. (Back then!)
When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
I am not a friend to a very energetic government. It is always oppressive.
Shake off all the fears of servile prejudices, under which weak minds are servilely crouched. Fix reason firmly in her seat, and call on her tribunal for every fact, every opinion. Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear.
The god who gave us life, gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them.
And the day will come, when the mystical generation of Jesus, by the Supreme Being as His Father, in the womb of a virgin, will be classed with the fable of the generation of Minerva, in the brain of Jupiter.
In matters of style, swim with the current;
In matters of principle, stand like a rock.
What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?
The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all.
The majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society.
When wrongs are pressed because it is believed they will be borne, resistance becomes morality.
Were we directed from Washington when to sow and when to reap, we should soon want bread.
The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg.
The price of freedom is eternal vigilance.
God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty…. And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure.
Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add “within the limits of the law,” because law is often but the tyrant’s will, and always so when it violates the right of an individual.
It is strangely absurd to suppose that a million of human beings, collected together, are not under the same moral laws which bind each of them separately.
Liberty is the great parent of science and of virtue; and a nation will be great in both in proportion as it is free.
He who knows nothing is closer to the truth than he whose mind is filled with falsehoods and errors.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
I have sworn on the altar of God eternal hostility against every form of tyranny over the mind of man.
I have never been able to conceive how any rational being could propose happiness to himself from the exercise of power over others.
To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.
In a government bottomed on the will of all, the…liberty of every individual citizen becomes interesting to all.
I’m a great believer in luck, and I find the harder I work the more I have of it.
Say nothing of my religion. It is known to God and myself alone. Its evidence before the world is to be sought in my life: if it has been honest and dutiful to society the religion which has regulated it cannot be a bad one.
The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.
Most bad government has grown out of too much government.
Timid men prefer the calm of despotism to the tempestuous sea of liberty.
The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. Read more at
“A Citizen of New Haven” [Roger Sherman]
The Letters: I-II
New Haven Gazette, 18 and 25 December 1788
Observations on the Alterations Proposed as Amendments to the new Federal Constitution.
6. It is proposed that no commercial treaty should be made without the consent of two-thirds of the senators, nor any cession of territory, right of navigation or fishery, without the consent of three-fourths of the members present in each branch of congress.
It is provided by the constitution that no commercial treaty shall be made by the president without the consent of two-thirds of the senators present, and as each state has an equal representation and suffrage in the senate, the rights of the state will be as well secured under the new constitution as under the old; and it is not probable that they would ever make a cession of territory or any important national right without the consent of congress.
7. There is one amendment proposed by the convention of South Carolina respecting religious tests, by inserting the word other, between the words no and religious in that article, which is an ingenious thought, and had that word been inserted, it would probably have prevented any objection on that head. But it may be considered as a clerical omission and be inserted without calling a convention; as it now stands the effect will be the same
Observations on the New Federal Constitution
The immediate security of the civil and domestic rights of the people will be in the government of the particular states. And as the different states have different local interests and customs which can be best regulated by their own laws, it should not be expedient to admit the federal government to interfere with them, any farther than may be necessary for the good of the whole. The great end of the federal government is to protect the several states in the enjoyment of those rights, against foreign invasion, and to preserve peace and a beneficial intercourse among themselves; and to regulate and protect our commerce with foreign nations.
These were not sufficiently provided for by the former articles of confederation, which was the occasion of calling the late Convention to make amendments. This they have done by forming a new constitution containing the powers vested in the federal government, under the former, with such additional powers as they deemed necessary to attain the ends the states had in view, in their appointment. And to carry those powers into effect, they thought it necessary to make some alterations in the organization of the government: this they supposed to be warranted by their commission.
The powers vested in the federal government are clearly defined, so that each state still retain its sovereignty in what concerns its own internal government, and a right to exercise every power of a sovereign state not particularly delegated to the government of the United States. The new powers vested in the United States, are, to regulate commerce; provide for a uniform practice respecting naturalization, bankruptcies, and organizing, arming and training the militia; and for the punishment of certain crimes against the United States; and for promoting the progress of science in the mode therein pointed out. There are some other matters which Congress has power under the present confederation to require to be done by the particular states, which they will be authorized to carry into effect themselves under the new constitution; these powers appear to be necessary for the common benefit of the states, and could not be effectually provided for by the particular states
Read more from letters from Roger Sherman and our other Founders at Online Library of Liberty
“While we are zealously performing the duties of good citizens and soldiers, we certainly ought not to be inattentive to the higher duties of religion. To the distinguished character of Patriot, it should be our highest glory to add the more distinguished character of Christian.”
–The Writings of Washington, pp. 342-343.
“The general principles, on which the Fathers achieved independence, were the only Principles in which that beautiful Assembly of young Gentlemen could Unite, and these Principles only could be intended by them in their address, or by me in my answer. And what were these general Principles? I answer, the general Principles of Christianity, in which all these Sects were United: And the general Principles of English and American Liberty, in which all those young Men United, and which had United all Parties in America, in Majorities sufficient to assert and maintain her Independence.
“Now I will avow, that I then believe, and now believe, that those general Principles of Christianity, are as eternal and immutable, as the Existence and Attributes of God; and that those Principles of Liberty, are as unalterable as human Nature and our terrestrial, mundane System.”
–Adams wrote this on June 28, 1813, excerpt from a letter to Thomas Jefferson.
3rd U.S. President, Drafter and Signer of the Declaration of Independence
“God who gave us life gave us liberty. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the Gift of God? That they are not to be violated but with His wrath? Indeed, I tremble for my country when I reflect that God is just; that His justice cannot sleep forever; That a revolution of the wheel of fortune, a change of situation, is among possible events; that it may become probable by Supernatural influence! The Almighty has no attribute which can take side with us in that event.”
–Notes on the State of Virginia, Query XVIII, p. 237.
1st Signer of the Declaration of Independence
“Resistance to tyranny becomes the Christian and social duty of each individual. … Continue steadfast and, with a proper sense of your dependence on God, nobly defend those rights which heaven gave, and no man ought to take from us.”
–History of the United States of America, Vol. II, p. 229.
“I believe that there is one only living and true God, existing in three persons, the Father, the Son, and the Holy Ghost, the same in substance equal in power and glory. That the scriptures of the old and new testaments are a revelation from God, and a complete rule to direct us how we may glorify and enjoy him. That God has foreordained whatsoever comes to pass, so as thereby he is not the author or approver of sin. That he creates all things, and preserves and governs all creatures and all their actions, in a manner perfectly consistent with the freedom of will in moral agents, and the usefulness of means. That he made man at first perfectly holy, that the first man sinned, and as he was the public head of his posterity, they all became sinners in consequence of his first transgression, are wholly indisposed to that which is good and inclined to evil, and on account of sin are liable to all the miseries of this life, to death, and to the pains of hell forever.
“I believe that God having elected some of mankind to eternal life, did send his own Son to become man, die in the room and stead of sinners and thus to lay a foundation for the offer of pardon and salvation to all mankind, so as all may be saved who are willing to accept the gospel offer: also by his special grace and spirit, to regenerate, sanctify and enable to persevere in holiness, all who shall be saved; and to procure in consequence of theirrepentance and faith in himself their justification by virtue of his atonement as the only meritorious cause.
“I believe a visible church to be a congregation of those who make a credible profession of their faith in Christ, and obedience to him, joined by the bond of the covenant.
“I believe that the souls of believers are at their death made perfectly holy, and immediately taken to glory: that at the end of this world there will be a resurrection of the dead, and a final judgement of all mankind, when the righteous shall be publicly acquitted by Christ the Judge and admitted to everlasting life and glory, and the wicked be sentenced to everlasting punishment.”
–The Life of Roger Sherman, pp. 272-273.
Read More at About.com Christianity
I am truly sorry to say that this is happening in my state!
“It is impossible to account for the creation of the universe, without the agency of a Supreme Being. It is impossible to govern the universe without the aid of a Supreme Being. It is impossible to reason without arriving at a Supreme Being. Religion is as necessary to reason, as reason is to religion. The one cannot exist without the other. A reasoning being would lose his reason, in attempting to account for the great phenomena of nature, had he not a Supreme Being to refer to; and well has it been said, that if there had been no God, mankind would have been obliged to imagine one.” Paulding, Life of Washington Vol. 2 p. 209
I reprinted this from Sami at Village of the Banned and Voting American; If you have never visited his sites and you love this country, he is a patriot first and foremost and you may learn a few things.. But be forewarned, he does not hold back and he is very passionate. He also has a cadre of very impassioned followers who are ready and willing to engage you. So if you are looking to learn or want to debate, it is a great place to check out. God bless!
Bill of Rights
The Preamble to The Bill of Rights
March 4th 1789
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
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.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I haven’t really written anything about the Supreme Court’s ruling this week that the Healthcare Bill that passed, is actually constitutional based on the fact that it is a tax. I have a lot of questions and I do not like the answers. I am going to pose some of those questions to you my friends and would like you to consider the answer.
- Are there now any limits on what Congress can require us to purchase?
- Can Congress now tax us for our lifestyle?
- Has Congress given one un-elected person in the form of the HHS Secretary, the power to decide what is the correct lifestyle we need to live?
- Can this be used for Religious Beliefs? By that I mean can the HHS Secretary decide that a Christian lifestyle would be dangerous and therefore anyone who practices our faith could be taxed so much that we can not survive?
- Have we gone from limited government to unlimited government?
- If this is not repealed by the next Congress and it continues in force, can it be stopped at any other point?
I realize that some of these are questions without answers, but the possibilities that I see are not ones that lead to good. This seems to me to be mans attempt to force utopia onto his fellow man. Social Engineering at it’s worst. I know that there are some who look forward to the benefits, but I ask you to take a closer look at the probabilities that mortal man will use this to try and force those that don’t agree with his idea of utopia, to accept it anyway. Just as Nebuchadezzer tried to force Shadrah, Meshach, and Abedniggo to bow down to his golden idol, we will probably be pressured to abide by rules and regulations that we find repugnant. But like the “three men in the fire” we have reassurance that God will be with us and we can trust that whatever they try to force upon us, as long as we have faith and stand true to the word of God, He will be the “fourth man in the fire.”
Thanks to Grumpyelder for finding this video:
Hattip: A BIN reader. This article may be freely reproduced in its entirety provided a link is provided back to the original BIN story.
This Executive Order was posted on theWhiteHouse.gov web site on Friday, March 16, 2012, under the name National Defense Resources Preparedness. In a nutshell, it’s the blueprint for Peacetime Martial Law and it gives the president the power to take just about anything deemed necessary for “National Defense”, whatever they decide that is. It’s peacetime, because as the title of the order says, it’s for “Preparedness”. A copy of the entire order follows the end of this story.
Under this order the heads of these cabinet level positions; Agriculture, Energy, Health and Human Services, Transportation, Defense and Commerce can take food, livestock, fertilizer, farm equipment, all forms of energy, water resources, all forms of civil transporation (meaning any vehicles, boats, planes), and any other materials, including construction materials from wherever they are available. This is probably why the government has been visiting farms with GPS devices, so they know exactly where to go when they turn this one on.
Specifically, the government is allowed to allocate materials, services, and facilities as deemed necessary or appropriate. They decide what necessary or appropriate means.
UPDATE: BIN reader Kent Welton writes: This allows for the giving away of USA assets and subsidies to private companies: “(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and (c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.”
What happens if the government decides it needs all these things to be prepared, even if there is no war? You likely won’t be able to walk into a store to purchase virtually anything because it will all be requisitioned, “rationed” and controlled by the government. Construction materials, food like meat, butter and sugar, anything imported, parts, tires and fuel for vehicles, clothing, etc. will likely become unobtainable, or at least very scarce. How many things are even made here in the USA any more?
A bit of history… During WWII, price stabilization didn’t begin until May of 1942, which froze prices on nearly all every day goods and rationing started in 1943. Why would the government want to control everything before a war?
Here’s what some gas ration cards looked like during WWII. Will there be rationing under this kind of system? What better way to control the movement and actions of the populace…
WWII era gas ration cards via Old Chester PA. You couldn’t go on vacation without a “vacation pass”.
Under this new Executive Order, cabinet heads are authorized to loan money, offer loan guarantees and even subsidize payments at above market rates (no bid contracts?) for whatever they need. This could make Solyndra or Halliburton look like Junior Achievement. Nothing like a war will generate these kinds of huge profits for the corporate “partners” and you can bet the bankers and contractors are already lining up for this one — because under this order no war is even required!
In a crisis situation, the government will be able to take whatever they need, print money to get whatever they want and distribute it as they see fit….for the benefit of a “war effort” or the politically connected corporations and individuals. All other contracts except those for employment are superseded by this executive order, it’s all here in black and white.
Specifically, it orders:
“to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
The White House
Office of the Press Secretary
Executive Order — National Defense Resources Preparedness
NATIONAL DEFENSE RESOURCES PREPAREDNESS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
PART I – PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.
Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
(c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;
(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and
(e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;
(2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this order, shall:
(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and
(2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.
PART II - PRIORITIES AND ALLOCATIONS
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;
(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.
Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.
PART III – EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.
(b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.
(c) Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.
Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.
(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.
Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.
Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;
(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.
Sec. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.
Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.
Sec. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).
PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).
PART V - EMPLOYMENT OF PERSONNEL
Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.
(e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.
(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.
Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.
PART VI - LABOR REQUIREMENTS
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.
PART VII - DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.
(b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.
Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.
PART VIII - GENERAL PROVISIONS
Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:
(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.
(b) “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.
(c) “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.
(d) “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.
(e) “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.
(f) “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).
(g) “Functions” include powers, duties, authority, responsibilities, and discretion.
(h) “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.
(i) “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.
(j) “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.
(k) “Offsets” means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.
(l) “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.
(m) “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.
(n) “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”
Sec. 802. General. (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.
(b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:
(1) the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and
(2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.
(c) Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.
Sec. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.
(b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.
(c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.
Sec. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
March 16, 2012.
Related Stories: from Maggies Notebook
Obama: Executive Order 3/16/12 – National Defense Resources Preparedness Executive Order – Some EO History
From Prof. Jacobson at Legal Insurrection:
I’ve received a number of e-mails and comments about an Executive Order signed by Obama on Friday, titled National Defenses Resources Preparedness, and what it means.
It appears that this Executive Order is an update of prior Executive Orders signed in 1988 and 1994 which elaborate similar powers in time of war or national emergency. The 1994 Order in particular was not limited to national emergency: