Category Archives: States’ Rights

Posse Comitatus? You’re Being Told That America Doesn’t Have Borders, So No Law Can Defend Her

Homeland Security, IMMIGRATION, Law, Left-Liberalism, Military, Neoconservatism, Secession, States' Rights

The 1878 Posse Comitatus Act: It’s the excuse parroted by almost everybody, Republicans included, for lack of vigorous military action against invaders on the border.

It took Ann Coulter to point out the obvious: “You can’t shoot … AMERICANS. You can shoot invaders.”

What on earth is The US Army for?

In effect, what you’re being told is, there is no law that’ll defend American borders.’

Or, America doesn’t have borders. Therefore, there is no law that can defend a de facto and de jure borderless country. And certainly some laws even prohibit a defense of America’s borders.

In truth, and according to the Congressional Research Service, as relayed by the Military Times, the Act means that “the U.S. military is not used to control or defeat American citizens on U.S. soil.

The hordes amassed on the border with Mexico, rushing the port of entry in San Ysidro, Calif., are not Americans. They are not even very nice.

Posse Comitatus sets “limitation against active-duty U.S. forces conducting law enforcement on U.S. soil,” but watch how quickly military force will be used “to suppress insurrection or to enforce federal authority.”

Feeling free?

Whodunit? Who “Meddled” With Our American Democracy? (Part 2)

America, Conservatism, Constitution, Democracy, Government, Russia, States' Rights

THE NEW COLUMN is “Whodunit? Who “Meddled” With Our American Democracy?” (Part 2). The unabridged version is on WND.com. A slightly abridged version is on Townhall.com:

Not a day goes by when the liberal media don’t telegraph to the world that a “Trumpocracy” is destroying American democracy. Conspicuous by its absence is a pesky fact: Ours was never a country conceived as a democracy.

To arrive at a democracy, we Americans destroyed a republic.

One of the ways in which the republic was destroyed was through the slow sundering of the 10th Amendment to the Constitution. The 10th was meant to guarantee constitutional devolution of power.

“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.”

The de facto demise of the 10th has resulted in “constitutional” consolidation.

Fair enough, but is that enough? A perceptive Townhall.com reader was having none of it.

In response to “Whodunit? Who ‘Meddled’ With Our American Democracy” (Part 1), the reader upbraided this writer:

“Anyone who quotes the 10th Amendment, but not the 14th Amendment that supplanted it cannot be taken seriously.”

In other words, to advance the erosion of the 10th in explaining who did our republic in, without mentioning the 14th: this was an omission on the writer’s part.

The reader is admirably correct about Incorporation-Doctrine centralization.

Not even conservative constitutional originalists are willing to concede that the 14th Amendment and the attendant Incorporation Doctrine have obliterated the Constitution’s federal scheme, as expressed in the once-impregnable 10th Amendment.

What does this mean?

You know the drill but are always surprised anew by it. Voters pass a law under which a plurality wishes to live in a locality. Along comes a U.S. district judge and voids the law, citing a violation of the 14th’s Equal Protection Clause.

For example: Voters elect to prohibit local government from sanctioning gay marriage. A U.S. district judge voids voter-approved law for violating the 14th’s Equal Protection Clause.

These periodical contretemps around gay marriage, or the legal duty of private property owners to cater these events, are perfectly proper judicial activism. It flows from the 14th Amendment.

If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.

Put differently, matters previously subject to state jurisdiction have been pulled into the orbit of a judiciary. Yet not even conservative constitutional originalists are willing to cop to this constitutional fait accompli.

The gist of it: Jeffersonian constitutional thought is no longer in the Constitution; its revival unlikely. ….

Into the Cannibal's Pot
Order columnist Ilana Mercer’s polemical work, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa”


 

… READ THE REST:  THE NEW COLUMN is “Whodunit? Who “Meddled” With Our American Democracy?” (Part 2). The unabridged version is on WND.com. A slightly abridged version is on Townhall.com.

Texas Vs. The Pacific Coast: Explaining The Yankee Mindset

America, Environmentalism & Animal Rights, Fascism, History, Left-Liberalism, Pop-Culture, Pseudo-history, States' Rights, The South

NEW COLUMN IS “Texas Vs. The Pacific Coast: Explaining The Yankee Mindset.”
A slightly abridged version is now on Townhall.com.

Unabridged, “Texas Vs. The Pacific Coast” appears on Unz Review, WND.com, Constitution.com, and other discerning outlets.

Excerpt:

I recently traveled to Texas to speak about South Africa, at the Free Speech Forum of  the Texas A & M University.

To travel from the Pacific Northwest all the way to College Station, Texas, without experiencing more of the “Lone Star State” was not an option.

So, after driving from Austin eastward to College Station (where I was hosted by two exceptional young, Southern gentlemen), I headed south-west to San Antonio. There I lingered long enough to conclude:

The Republic of Texas is a civilization apart.

Ordinary Texans—from my brief travels—tend to be sunny, kind and warmhearted. Not once did I encounter rude on my Texas junket.

On the Pacific Coast, however, kindness and congeniality don’t come naturally. State-of-Washington-statists are generally aloof, opprobrious, insular. And, frankly, dour.

Southern historian Dr. Clyde N. Wilson tells of receiving “a package containing a chamber pot labeled ‘Robert E. Lee’s Soup Tureen.'”

It came from … Portland, Maine.

Unkind cuts are an everyday occurrence around here, where the busybody mentality prevails.

Stand still long enough, and they’ll tell you how to live. They’ll even give chase to deliver that “corrective” sermon. A helmeted cyclist once chased me down along a suburban running trail.

My sin? I had fed the poor juncos in the dead of winter. (Still do. Bite me, you bully.)

Having caught up with me, SS Cyclist got on his soap box and in my face about my unforgivable, rule-bending. Wasn’t I familiar with the laws governing his pristine environmental utopia?

Didn’t I know that only the fittest deserved to survive? That’s the natural world, according to these ruthless, radical progressive puritans.

Yes, mea culpa for having an exceedingly soft spot for God’s plucky little creatures.

When a Washington statist gets wind of your core beliefs—why, even if your use of the English language irks His Highness—he will take it upon himself to fix your “flaws,” try to make you over in his sorry image.

For the distinct cluster of characteristics just described, Dr.  Wilson aforementioned uses the term Yankee. …

… READ THE REST. The column is  “Texas Vs. The Pacific Coast: Explaining The Yankee Mindset”.

Or, unabridged. 

Oh, Clyde Wilson adds this: “Telling other people not to feed God’s creatures according to some supposed scientific official plan is simply fascism.”

No Daylight Between ‘Conservatives’ & The Far Left About The South, American History & Nation’s Founding

Conservatism, Cultural Marxism, History, Neoconservatism, Racism, States' Rights

By Dr. Boyd Cathey

Today I want to discuss vaunted “conservative” Victor Davis Hanson who, it seems, possesses a fixation about the Confederacy and the Old South. The pre-War Between the States South was a region dripping with racism and bigotry, he repeatedly exclaims, that deserved its “punishment” from those Godly soldiers who went marching, burning and pillaging through to bring to the poor, unenlightened Southerners all the fruits of democracy, equality and “righteousness.”

In the past, Hanson has praised Sherman’s March as “holy work” and “actually not that hard” on Southern civilians, and called any decent or fair treatment of Confederates in cinema as glorifying “folksy racists.” Obviously John Ford, who treated Confederates with respect, if not sympathy (think here of John Wayne’s Ethan Edwards in the classic, The Searchers, or Pvt. John Smith, AKA General Rome Clay, CSA, in She Wore A Yellow Ribbon, for instance), did not get the memo.

Hanson is a prominent senior contributor to the “conservative” magazine National Review, and his views are shared by its other contributors, including editor Rich Lowry. It is a view that partakes of the very same narrative as the Marxist writers, historians and journalists on the “farther Left.” It is the same viewpoint that is now being foisted off every Sunday evening by Fox News in its televised “history” program titled, “Legends & Lies: The Civil War.” It is a theme that posits that the United States was founded specifically on an “idea,” and that “idea” was equality, which, they quickly point out, is proclaimed in the Declaration of Independence.

But it is an idea that the Founders rejected and, in fact, understood was and would be the death of the American republic.

In several columns and published articles over the past few years, I have cited the twenty year correspondence and series of debates between the late Professors Mel Bradford and Harry Jaffa regarding the American Founding and the idea of “equality.” Bradford’s volume, Original Intentions, gives the lie to those who pose the ideology of equality as this nation’s founding principle. And, more recently, Professor Barry Alain Shain (Colgate University), in his mammoth study, The Declaration of Independence in Historical Context: American State Papers, Petitions, Proclamations, and Letters of the Delegates to the First National Congresses (2014), provides overwhelming documentation of Bradford’s view and the ahistorical views of Hanson and those like him. An excellent, if detailed, summary can be found in Bradford’s essay in Modern Age quarterly, “The Heresy of Equality” (Winter 1976). [The essay may be online; I have a PDF of it, should anyone desire a copy.]

In short, the arguments of Hanson, Lowry, and other Neoconservatives violate the basic standards of historical investigation and writing.

There is no daylight historically between the Neocons and those now leading the establishment “conservative movement,” and the far Left Marxists when it comes to interpreting American history and our nation’s Founding. Indeed, George W. Bush’s point man and vaunted political consultant, Karl Rove, has praised anti-Southern Marxist historian Eric Foner as his “favorite historian.”

Given that fatal historical myopia, is it any wonder that “conservatism inc.” is now a miserable and losing proposition when it comes to opposing the forces of the farther Left in the battle for what is left of the American republic and our inherited culture? Needless to say, any traditional American who claims to be a real conservative and who continues to accept the tutelage of such individuals and their organs—indeed, any Southerner who continues to conflate such historical drivel with a defense of his own heritage—needs to re-examine his views and undergo a reality check.

***

RELATED: “Victor Davis Hanson’s Attack On Southern Heritage Is Vintage Leftist, Cultural Marxism.”

~ DR. BOYD D. CATHEY is an Unz Review columnist, as well as a Barely a Blog contributor, whose work is easily located on this site under the “BAB’s A List” search category. Dr. Cathey earned an MA in history at the University of Virginia (as a Thomas Jefferson Fellow), and as a Richard M Weaver Fellow earned his doctorate in history and political philosophy at the University of Navarra, Pamplona, Spain. After additional studies in theology and philosophy in Switzerland, he taught in Argentina and Connecticut before returning to North Carolina. He was State Registrar of the North Carolina State Archives before retiring in 2011. He writes for The Unz Review, The Abbeville Institute, Confederate Veteran magazine, The Remnant, and other publications in the United States and Europe on a variety of topics, including politics, social and religious questions, film, and music.