Episode 425 – Declared Charges From The Top – Tucker Tucked Away

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Last week I began to incite you with the simple modern examples of Declared Charges from the Declaration of Independence. Yes, if you haven’t taken the time to read the full Declaration of 1776, you should. I gave you the link to the simple analysis of each charge here. If you take the time to look at the news with an honest ear, or open eye, you will see that we are reliving those days of 1765 through 1775. Declared Charges -Tucker Tucked Away

Yet, there is a question that has to be asked, ‘How should we understand Constitutionalism in light of the fight for Liberty now and in relationship to the common grievances of the past again upon US in the present?

In regards to the first part of the question that I just asked, I am reintroducing a great commentator on law and the Constitution, St. George Tucker. His work on Blackstone is foundational for studying law as well as he is a strong proponent of true republicanism and federalism. I do highlight this more in the program.

For all who are attorneys or are striving to become one, Tucker has much to say to you through what he taught those entering the legal profession during the Founding era. To which, ‘Tucker assures fledgling lawyers that, as future framers of law, they must have a knowledge of the constitutions and history of their country, as well as of law itself, if liberty is to be preserved.1

I respect that those who listen to this program have true sensibility to what is the righteous means of dealing with tyranny and despotism. Consider St. George Tucker in the midst of upheaval:

‘Even during the suspension, or annihilation of government, the laws of nature and of moral obligation, which are in their nature indissoluble, continue in force in civil society. Hence social rights and obligations, also, are respected, even when there is no government to enforce their observance. This principle, during state convulsions, supplies the absence of regular government: but it cannot long supply its place; government, therefore, either permanent or temporary, results from a state of civilized society.2

This sensibility and righteous means does require action. There are a number of well developed groups that are again coming to the forefront to take up the challenges that are before US in this 2024 election cycle.

If you cannot find at least one of those organizations, contact me and I will point you in a solid direction.

Declared Charges

For this week let us take a look at the second and third charges, which in our time are not only tied to illegal immigration but also to the foundational elements of Federalism.

Again we have to take note from the descriptive corresponding analysis compiled by National Humanities Center, 2010/2013. AMERICA IN CLASS® :

Quick SummaryOf Declared Charges

Charge Number 2: He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

The analysis: In several instances, the king instructed royal governors to block pending colonial legislation. At times, months or years would pass before the king addressed a colonial enactment, if ever.

Modern instances of the charge: (three examples)

1. In the early 20th Century, Congress gave over the monetary system to a private, self-governing entity, the Federal Reserve; thus renouncing their authority to govern the monetary system according to the Constitution.

2. Over the 124 years Congress has abdicated its governance to bureaucrats, oligarchs, technocrats and internationalism such that U. N. treaties and various executive agreement have greater policy affect on our liberties.

3. The invasion of illegals at the borders. Complete violation of the Constitution regarding protecting the States from invasion as well as existing Federal law on immigration. See the articles in the References.

Charge Number 3: He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

The Analysis: The British officials feared large legislative bodies as parochial and democratic, so they sought to restrict their growth. This restriction left many new frontier communities poorly represented in their colonial assemblies.

We are under-represented in the House. The Constitution began with ‘The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative;’

When one looks at the history of apportionment for the House it is clear that this has been politicized for a power structuring and not for true intent of a functional Constitutional Republic. See the links in the References for more on this.

The essence of this charge is that Congress, the President’s Administrative Cabinet’s bureaucrats and the creatures in the modern swamp, fear a sovereign Citizenry. Therefore, historically they did not want greater representation that Washington and Madison noted was critical for true representative Liberty.

Remember that the Anti-federalists were concerned that the number of representatives would not grow to meet the demands of larger populations. Madison attempted to quench those fears in Federalist #55. Although he wrote with good intentions, his hope in Enlightenment human nature has proven out the fears of the Anti-federalists.

Starting Strategy

Re-read and understand the 1773 Election Sermon by Charles Turner.

Study the work of St. George Tucker.

To The Point

St. George Tucker writes in his Preliminary Remarks:

Since no person possesses any inherent right to govern, or rule over the rest; and since the few cannot possess, naturally power enough to subdue the many; the majority of the people, and, much more the whole body, posses all the powers, which any society, state, or nation, possesses in relation to its own immediate concerns.

This power which every independent state or nation, (however constituted, or by whatever name distinguished, whether it be called an empire, kingdom, or republic and whether the government be in its form a monarchy, aristocracy, or democracy, or a mixture or corruption of all them,) possesses in relation to its own immediate concerns, is unlimited, and unlimitable, so long as the nation or state retains its independence; there being no power upon earth, whilst that remains, which can control, or direct the operations, or will, of the state in those respects.

This unlimitable power, is that supreme, irresistible, absolute, uncontrollable authority, which by political writers in general, is denominated the sovereignty; and which is by most of them, supposed to be vested in the government, or administrative authority, of the state: but, which, we contend, resides only in the people; is inherent in them; and unalienable from them.’

A reminder, According to the sermon by Charles Turner we not only have the right to resist all the evils occurring at this time in history, but also, the moral duty to do so. Otherwise, we are sinning against God and our fellow humans. Rev. Turner understood the truth that Tucker writes concerning the all power resides in the People.

Sam Adams Wisdom

Sam Deffers to the Election Sermon of 1773 and St. George Tucker.

Thank you to all who are subscribers to the program. Please share the newsletter and subscribe to the Rumble or YouTube channel.

References:

1. St. George Tucker – View of the Constitution of the United States with Selected Writings

2. United States congressional apportionment

3. Apportionment Legislation 1790 – 1830

This Weeks News Articles

1. From Staten Island To Eagle Pass, Americans Revolt Over The Border Invasion Biden Invited Into Their Homes

2. Federal Judge Invokes Supremacy Clause to Stop Efforts by County Judges to Keep Patients in Oregon State Hospital

3. Supreme Court rejects Independent State Legislature theory, but leaves door ajar

4. Supreme Court denies state legislatures the unchecked power to set election rules

5. In the 2020 election, more than 1-in-5 voters who submitted ballots by mail say they did so fraudulently, a survey reveals.

6. Vigilant Fox: Italian Health Minister Under Investigation for Murder for Concealing COVID-19 Vaccine Deaths

7. Using Force Against Mexican Drug Cartels: Domestic and International Law Issues

8. Fairfax County School Board Member Sworn In On ‘Banned’ Explicit Lgbtq+ Books 139

1See Reference #1, pg. 33

2Reference #1, pg. 77

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