The Essence of Liberty: Part 228 (1), The Imperial Judiciary: It Started with Marshall Madison’s banking flip-flops
The Essence of Liberty: Part 228 (1)
Dr. Jimmy T. (Gunny) LaBaume
A Summary of Gutzman, Kevin R.C. The Politically Incorrect Guide™ to the Constitution
(The book is available from the Ludwig von Mises Institute at http://www.mises.org)
Chapter 5: The Imperial Judiciary: It Started with Marshall
Madison’s banking flip-flops
By the end of the War of 1812, the government had accumulated a sizeable debt. So, President Madison asked Congress to charter the second Bank of the uS. This was in spite of the fact that he had been the leading opponent of the first Bank of the uS in 1791. (Only a politician can turn so abruptly and not feel the least bit inconsistent.)
The second bank charter provided that the federal government would hold a 20% interest in the bank. So, House Republicans sponsored what they called the Bonus Bill. Their intent was to spend the profits from the government’s interest in the bank spend them on “internal improvements” (what we now call “infrastructure).
But, Madison vetoed the bill and explained his veto by saying that the Constitution’s list of powers of Congress was exhaustive. The Bonus Bill was for purposes not enumerated and, therefore, it was unconstitutional. He did, however, point out that Congress could amend the Constitution.
As it was written, the Bonus Bill violated Republican constitutionalism. However, the second bank bill did not raise similar concerns because of the precedent established by Hamilton’s bank. In other words, the constitutionality of congress chartering banks had become a dead issue. Congress had exercised authority reserved to the states, the president had signed Hamilton’s bank bill, and a string of Congresses and presidents had joined in on what Jefferson had called King George III’s ”long train of abuses and usurpations.”
But, a group who called themselves “Old Republicans” opposed Madison ‘s bank and some states even passed measures intended to exclude it from their territory. One shining example was Maryland who decided it would keep the Bank of the uS from its territory by imposing a stiff fee on it. But, the Baltimore branch of the Bank failed to comply. So Maryland sued its cashier, James William McCulloch.
The main issue in McCulloch v. Maryland was the constitutionality of the Maryland law. Behind that was the question of whether the Bank had been constitutionally chartered.
On behalf of the bank, Daniel Webster reiterated Alexander Hamilton’s 1791 constitutional justification for the first bank—i.e. that Article I, Section 8 of the Constitution does not provide an exhaustive list of congressional powers. The powers listed are only “suggested” and several of these powers dealt with the economy. Thus, Congress could be understood to have general supervisory power over the economy and, in that role, it might well decide that a bank was useful. Furthermore, because the Constitution does not expressly prohibit Congress from chartering a bank, it is free to do so.
Marshall, in his opinion for a unanimous Court, wrote that Maryland had argued that the Constitution had been ratified by the states for express, limited purposes and that chartering a bank was not among those. Furthermore, the 10 th Amendment underscored this. However, he rejected that argument. This was extraordinary, considering that he and other Federalists had assured their ratification conventions that the federal government would have only the powers that it was “expressly delegated.”
In this opinion Marshall “corrected” the interpretation of the Constitution as not been created by the states but by one American people who had given the federal government certain powers. Thus a state could not interfere with Congress when it exercised one of its “constitutional” powers. Was chartering a bank among those powers?
Marshall’s “interpretation” essentially rendered the 10 th Amendment null and void. Furthermore, it contradicted what the Federalists, including Marshall himself, had promised. “The Constitution was going to be read by the…Court as the product of one American people, and the powers it gave the Congress were going to be the discretionary powers of a national legislature, not the enumerated powers of a federal legislature. In short, the Philadelphia Convention, the ratification process, the 10 th Amendment, and the political defeat of the Federalist Party…were all undone by the Marshall Court …The Revolution had substituted the federal government for the Crown…and the states were still subordinate.”
James Madison wrote that if people had known in 1788 that the Constitution would be read as giving Congress such extensive discretionary powers, Virginia would never have ratified.
Thomas Jefferson regarded Marshall as the greatest threat to federal republicanism. To him, the judiciary was not the final arbiter, the sovereign people of each state were. He wrote, “The judiciary…is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated republic.” But this was a losing argument. The Chase impeachment had demonstrated to the judges that they could do as they pleased, and they intended to do exactly that.
Copyright ©2004, FlyoverPress.com
Jimmy T. LaBaume, PhD, ChFC is a full professor teaching economics and statistics in the School of Agricultural and Natural Resource Sciences, Sul Ross State University, Alpine, TX. He does not speak for Sul Ross State University. Sul Ross State University does not think for him.
Dr. LaBaume has lived in Mexico and spent extended periods of time in South and Central America as a researcher, consultant and educator.
“Gunny” LaBaume is a decorated veteran of the Vietnam War and Desert Storm. His Marine Corps career spanned some 35 years intermittently from 1962 until 1997 when he refused to re-enlist with less than 2 years to go to a good retirement. In his own words, he “simply got tired of being guilty of treason.”
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NOT JUST A CAMPAIGN, IT’S A MOVEMENT
by Alan Stang
January 24, 2008
Those of you who are not Ron Paul people don’t need to read this. If you are, here are some thoughts that could be helpful. I write after the Nevada caucuses, where Dr. No racked up a smashing second place and 14% of the vote, ahead of Giuliani, Huckabee, Hunter, McCainand Thompson, doing so in the face of the orchestrated cover-up of highly paid network barf bags.
So, Dr. No utterly thrashed not only the erstwhile Republican candidates who have already departed, not only Duncan Hunter, who has now dropped out, but he also soundly whipped Rudy Giuliani and Fred Thompson yet again, certainly proving he is a “top tier” candidate, which will be underlined when Thompson and then Mike Huckabeerun out of money.
Remember, Rudy was supposed to be the “runaway front runner.” Nobody was supposed to be able to touch him. Now he is Rudy Who. The only thing you need to know about Fred Thompson is that he is a member of the Council on Foreign Relations, the Marxist group in New York that is the secret government of the United States and has been conspiring assiduously for decades to destroy our national independence.
New web site details how DIA manipulates intelligence on US POWs Pentagon cover-up of POWs is still happening today
New web site details how DIA manipulates intelligence on US POWs
Pentagon cover-up of POWs is still happening today
By John LeBoutillier
June 06, 2007
Have you ever wanted to see exactly how our government is deceiving the American people?
The authors of AN ENORMOUS CRIME; The Definitive Account of US POWs Abandoned in SE Asia , former US Congressman Bill Hendon and MIA daughter/lawyer Elizabeth A. Stewart, have launched www.enormouscrime.com
This massive new site provides the `meat on the bones’ for one of the most controversial charges in the book: that the Pentagon’s Defense Intelligence Agency (DIA) deliberately `cherry-picks’ and plays fast and loose with first-hand, live-sighting intelligence – as well as overhead aerial and satellite photography – beginning in 1983-1984 and <i>continuing to this day.
This manipulation of intelligence information began during an intense period in Washington DC: POW activists were pushing the Reagan Administration to bring our men home and the bureaucracy was desperate to discredit the mounting evidence that indeed hundreds of our POWs were left behind and were still there.
Over 100 pages of a new and unique chapter is now available on this shocking and perfidious behavior at www.enormouscrime.com under the heading:
The 1983-84 cover-up, how it was structured, how it was sustained. All you have to do is to click on that listing on the main page – and start reading. You will see 15 cases of US POWs sighted after the end of the Vietnam War – when supposedly all our men had already been returned.
But, alas, you will soon see a pattern: DIA analysts – when faced with credible evidence of US POWs at a specific place at a specific time – often spotted by multiple independent sources who never even knew each other – come up with the most deceitful and dishonest ways to `close’ the case and ignore the cries for help from our still-serving American servicemen.
Indeed, this is a DIA cover-up in action – witnessed by you, the reader, right as it happens.
For example, to discredit multiple sources who saw US POWs after the end of the war in 1973, the DIA analysts did the following things:
- Took a sighting of ten US POWs forced to carry lumber and explained it away as the work of two 4-foot tall boys who used water buffalos to carry lumber;
- Took the secret “USA K Escape and Evasion code” (pictured on the cover of the book) – which could only have been placed by a US airman and was photographed in 1988 – and said it was the work of a 6-year old Laotian boy copying a US postage stamp;
- Took multiple sightings of US POWs in a POW camp in the northern part of North Vietnam – under a thick triple-canopy jungle – and said that because no aerial or satellite photography was possible, that such a camp could not exist;
- Took a credible sighting by a friendly foreign diplomat of 20-30 US POWs in 1983 in a new detention facility on the outskirts of Hanoi and discredited the sighting by claiming the facility was not a POW Camp but was in fact a “luxury hotel for VIPs.”
- Took another report of 20 US POWs at a prison in southern Vietnam in the early 1980s and discredited it by claiming that there was no prison there; instead there was only a PAVN (North Vietnamese Army) cemetery there.
- Took cases of satellite imagery of Escape and Evasion signals placed in rice paddies and fields by US airmen and discredited them by claiming they were “natural vegetation” or “shadows.”
This is not in the past!
This is an ongoing cover-up inside our Pentagon.
Sources report that new – and credible – live-sighting reports of US POWs held today against their will in Vietnam and Laos are still coming into the Pentagon.
You can rest assured they are getting the same treatment that all the previous cases have received.
Please read the material at www.enormouscrime.com at once. We have a duty to our American comrades still being held against their will to do more than we are doing now to bring them home alive.
And then go buy AN ENORMOUS CRIME – and read the entire sordid tale of how our government has abandoned these men.
This issue goes to the heart and soul of America: with 200,000 troops now serving in Iraq, all of them and their families – and all of you, need to know how our own government behaves behind closed doors.
Now – for the first time ever – you can see for yourself at www.enormouscrime.com.