Are the Founding Fathers too extreme? Is being an advocate for liberty or wanting to make the world a better place incompatible with military service? Somebody seems to think so.  After filing a Freedom of Information Act request, an organization called Judicial Watch was able to obtain documents from the Department of Defense, which labeled the Founding Fathers as extremists and states, “participation in extremism is inconsistent with the duties of military service.” To be specific, it was the Defense Equal Opportunity Management Institute (DEOMI) which claimed in a January 2013 lecture on “Extremism”:
"In U.S. history, there are many examples of extremist ideologies and movements. The colonists who sought to free themselves from British rule and the Confederate states who sought to secede from the Northern states are just two examples."

The document further claims:
“Individuals who hold extremist views are in conflict with the standards expected of all military members, and participation in extremism is inconsistent with the duties of military service...”
 “All nations have an ideology, something in which they believe. When a political ideology falls outside the norms of society, it is known as extremism. When extremists take their ideology to the next level and believe that it is the only right ideology to follow, it becomes supremism.”


My immediate questions involve trying to figure out who decides what the “norms of society” are and what do they mean by “taking it to the next level?”  Does that mean holding a rally or protest? A letter writing campaign?  Starting a petition?

But here is the really alarming statement in the document:
“Nowadays, instead of dressing in sheets or publicly espousing hate messages, many extremists will talk of individual liberties, states’ rights, and how to make the world a better place.”
In the twelve years after the terrorist attacks on 9-11 by Islamic militants, our nation has been engulfed in a Global War on Terror and we continue to seek out, identify and eliminate threats from extremists the world over. At this point however, it seems that extremism has been used so broadly that it can mean anything from a suicide bomber to the signers of our Declaration of Independence only because they signed a document highlighting the sanctity of individual liberty. 

“Nowadays, instead of dressing in sheets or publicly espousing hate messages, many extremists will talk of individual liberties, states’ rights, and how to make the world a better place.”

-Department of Defense Document, January 2013

We need to understand the parameters this document has set.  The document states that you become an extremist simply because your political ideology doesn’t fit the norms of society. Who, we should ask, is in charge of looking at the 300 million plus people in our country and gets to decide what the scope of normal is?  How does the government establish whose ideas are normal and whose aren’t? From my understanding of history and the constitution, I have been under the impression that the 1st amendment was established to protect my right to express my ideology and thoughts and religion even if they were unpopular, or outside the “norms of society” if you will.  Furthermore, the Department of Defense basically implies that those who advocate for states’ rights, a constitutionally identifiable mechanism of checks and balances, are also extremist.     

Here is a real mind bender: the document states that, “Nowadays… many extremists will talk of individual liberties… and how to make the world a better place.” Huh? Lets follow the logic here.  If the Department of Defense is setting policy for our military that identifies extremism as an ideology that falls outside the norms of society and they identify extremist behavior as those who advocate liberty and want to make the world a better place then it means that someone has already established that it is “normal” in our society for the majority of people to demonize liberty and to be so immoral as to not want to make the world a better place. What is going on at the Department of Defense that someone could actually get away with writing this? I believe just the opposite; the vast majority of Americans want to enjoy liberty and in fact want to make the world a better place.

Many people have always been under the impression, and rightfully so, that the point of American government was to protect liberty in an effort to make the world a better place. That might still be the case but apparently, someone has decided that the prevailing thought is something else. If you are in the group of people who still hold to the traditional, constitutional and liberty-minded school of thought, this document has branded you an extremist. According to this document, traditional American government and constitutionalism is now so far outside the scope of normal society that the Department of Defense must label it “extremism” and incompatible with U.S. military service. The irony here is that in order to become a member of the U.S. Military, one must still swear an oath to the Constitution, at least for now. 



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"I consider the foundation of the [Federal] Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." [10th Amendment] 
To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition."
--Thomas Jefferson: Opinion on National Bank, 1791

Among the first orders of business of the First Congress was the debate over establishing a bill of rights. Although the Constitution had made the separation and enumeration of powers very clear, the American people and the States wanted certain rights of the people to be explicitly stated within its text. After securing their independence from Britain, our Founding Fathers understood, better than anyone else, what freedoms a despotic and tyrannical government would attempt to take from the people.

The rights enumerated to the people in the bill of rights are those that are required to be exercised by the people if they are to retain their power over the government. For example, the inherent freedom of speech is one that any despotic government must take in order to control information. After all, knowledge is power; so whoever controls the dissemination of information has the power. Similar to the freedom of speech, the freedom of assembly, religion, and the right to bear arms and maintain a militia are all just as necessary to the people so they always have the means of establishing themselves as the ultimate authority over the government.

Not everyone believed that the bill of rights was necessary. For example, Alexander Hamilton believed that the structure of the Constitution was enough to bind down the federal government. He explains that the Constitution is set up so that the people of America “surrender nothing” by delegating powers to the central government. In that sense, Hamilton was right. Any federal legislation that falls outside of the confines of the Constitutional limits of Congressional power is by default unconstitutional; it is a breach of contract; it is an invasion of the sovereignty of the State or the States and the will of We the People. In Federalist No. 84, Alexander Hamilton uses the Preamble of the Constitution to explain that a bill of rights is not necessary. Hamilton wrote:

“[Our Constitution is] professedly founded upon the power of the people...Here, in strictness, the people surrender nothing; and as they retain everything they have no need of particular reservations. ‘WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do establish this Constitution for the United States of America.’ Here is a clear recognition of popular rights...”

Hamilton then went on to reference several articles, sections, and clauses which did, in fact, identify the structure of the new government as one that protects the rights of the people. Hamilton’s main fear was that the enumeration of certain rights would lead to the belief that those certain rights were all the rights of the people and that they were granted by the benevolence of the government. In the end, the will of the people and the States led to the ratification of the bill of rights.

With one hundred proposed amendments supplied to Congress by the States, James Madison initiated the debate. Of the proposed amendments, only ten were selected for ratification as the people’s bill of rights. Two amendments chosen for ratification, the ninth and tenth, were designed to be solid reinforcements of the limited role of the federal government. These two amendments did not enumerate any rights to the people; rather, they were composed in a manner that identified the rights of the people as almost completely unlimited.

The ninth amendment to the United States Constitution was written to explain that the people have rights that go beyond what is expressed in the bill of rights, thus eliminating Hamilton’s fear that a bill of rights would be identified as the entirety of the rights of the people. The Ninth Amendment states:

“The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.”

The Ninth Amendment gives explicit attention to the protection of liberty by preventing the federal government from reaching beyond its delegated powers. In other words, the Ninth Amendment is saying “just because we list
some of the people’s rights it does not mean that we have listed all of the people’s rights.” It also means, “all the rights of the people need to be protected but here is a short list of the ones that need special attention.” The Ninth Amendment is not a delegation of power; it is a statement of understanding The Ninth Amendment ensures the context of the bill of rights as a protection of the people’s liberty; not as granting the peoples liberty. James Madison stated this understanding as he proposed the bill of rights on the House floor when he said:

“It has been objected also against a bill of rights, that, by enumerating particular exception to the grant of power, it would disparage those rights which were not placed in that enumeration, and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the general government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but, I conceive, that may be guarded against.”

Just as the Ninth Amendment is written to reinforce personal liberty, the Tenth Amendment is written to reinforce the limitations of the federal government by making it clear that undelegated powers belong to the people unless given by the people to the States or the federal government. Just in case the Preamble to the Constitution wasn’t clear enough; incase Article 1 Sections 3 and 8 were not made clear at all; in case Article 2 Section 2 and Article 4 Section 4 left the American people wondering whether the States or the federal government had more authority to govern the people, our Founding Fathers added one last reinforcement for State sovereignty. That last reinforcement of State sovereignty came with the ratification of the Tenth Amendment to the Constitution. The Tenth Amendment says that before Congress can act, it must point to one of their enumerated powers as the source of their authority; and if they do not have that power enumerated to them, then it is a power left to the people. The Tenth Amendment states:

“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 the people.”

Paraphrased #1:

“All the powers we forgot to give the federal government and all the powers we forgot to tell the States
they don’t have....those powers then, are by default, given to the States and to the people.”

Paraphrased #2:

“If they didn’t put it in the Constitution then they didn’t put it in Washington!”

It was America’s intent all along to keep the States free from intrusiveness that might someday come from an overbearing and tyrannical central government. Also, many people do not know that Article II of the Articles of Confederation, America’s first form of government, had a similar provision which clearly stated the same point:

“Each State retains its sovereignty, freedom and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress Assembled.”

Much like the previous declaration in the Articles of Confederation, the Tenth Amendment to the United States Constitution defines the scope of federal power as only that power enumerated to the federal government by We the People. All power that is not enumerated to the federal government must necessarily remain with the States or the people. To further assure the American people of this limit on the federal government’s ability to intervene in their lives, James Madison wrote in Federalist No. 45:

“The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former [federal power] will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce...The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the State.”

Should the people ever decide to enumerate any more power to the federal government, we can amend the Constitution to legally provide for that delegation of power. We have already discussed the amendment procedure which is detailed in Article 5 of the Constitution.                                                                                                                                                                 

This is why we call it the federal government; because it is a federation of sovereign States. Governments exist on two levels in America: the defined sovereignty of the federal government and the indefinite sovereignty of the State governments. Madison referred to this when he said, “The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.” State Sovereignty is
not unlimited, simply because the States have delegated some power to Congress. States do however have indefinite sovereignty because of the indefinite issues that exist outside of those powers delegated to Congress. James Madison, the Father of the Constitution and the drafter of the Bill of Rights, had this to say about the sovereignty of the States:

“[T]he government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general.”

By this point, we have come to understand that the United States Constitution is saturated with the idea of having sovereign States; free to exercise all the powers reserved to them outside of those delegated to the federal government. Not only have we found that the States have a larger array of powers but we have also found out that the federal government exist only for the benefit of the States so that they may enjoy domestic tranquility, a general welfare and have provided for them, a common defense. We have also discovered that the federal government, according to the Constitution prior to the ratification of the 17th Amendment, could only operate with the consent of the States. It is obvious, considering the principles outlined in the Declaration of Independence, that just as our government operates only with our consent for the protection of our rights, so does the federal government operate only with the consent of the States to protect the sovereignty of the States. 



Copyright 2012 by Paul Curtman, All rights reserved. Don't Tread On Me! The Constitution and State Sovereignty. 2009

 
Picture
The Gadsden Flag from Americas war for Independence.
Today a bill was presented that would allow Missourians to purchase a special made license plate with the Gadsden Flag on it.  This flag was used by early American patriots as a symbol of our individual liberty and our wish to be left alone to pursuit happiness with out the coercive intrusiveness of an out of control government that is bent on micro managing the lives of the people and depriving them of their money, property  and freedom.

This bill is supported by a bi-partisan effort but there are some who do not like it  because people associated with the TEA Party often use the Gadsden flag at their events or they display it on a bumper sticker. Most of the opposition came from a representative who asked several members on the house floor if they were members of the TEA Party. The representative was against the license plates because the TEA Party uses the flag; that it. She basically said the flag is offensive and that the rattlesnake on the flag sends the wrong message. If the license plate was to have the words TEA Party on it or some other symbol that is exclusive to the TEA Party, then I would totally see her point but to be against such an important piece of American history directly related to our struggle for liberty simply because you don't like the people that identify with it not something that I can agree with.

I inquired of the lady on the house floor and she confirmed that she doesn't have a problem with the bears on our state flag. I told the lady that I am a proud supporter of the TEA Party because I believe Thomas Jefferson was right when he said "Resistance to government is so valuable on occasions that I wish it to be always kept alive." I am inclined to support anyone who is for limited, accountable and financially responsible government. I identify with the message that governments are instituted to protect our rights and this is the message TEA Parties  I am familiar with promote. Yes, I am likely to be a proud supporter of any organization that promotes the protection of our freedom and sound financial principles no matter what they are called.

The preservation of liberty was the idea behind the Gadsden flag and I think every American can appreciate a special license plate that reflects those values although some of them may or may not agree with the TEA Parties.

About the Gadsden Flag from my book, Don't Tread On Me © 2009
DON’T TREAD ON ME! In other words, and in another time, its meaning was unmistakable: “Leave me alone, or else!” It was a popular phrase in the early days of America’s war for independence and it is most famous for the yellow flag on which it was written just underneath a picture of a rattlesnake. A decade prior to America’s Declaration of Independence, there were several patriot groups which worked fervently for the protection of the people’s individual rights. Among these were groups such as The Sons of Liberty, whose South Carolina group was led by a man named Christopher Gadsden, a Colonel who served in the Continental Army. It was Colonel Gadsden who presented this flag to Esek Hopkins, the Commander-in-Chief of America’s new navy, for him to use as his personal standard. Colonel Gadsden also presented this flag to the State Legislature of South Carolina in Charleston. The record of this presentation is recorded in the South Carolina Congressional Journals:
"Col. Gadsden presented to the Congress an elegant standard, such as is to be used by the commander in chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle, in the attitude of going to strike, and these words underneath, “Don’t Tread on Me!”

The Gadsden flag began to gain popularity among the Americans maybe because it almost perfectly symbolized the American patriot. Before too long, this particular symbol and others like it could be seen flying over buildings or painted on signs. In December of 1775, an anonymous letter was written to the Pennsylvania Journal in which the author signed his name as “American Guesser.” There are many scholars who attribute this pen name to none other than Benjamin Franklin. This letter was written after the Revolution began but before the Declaration of Independence was signed, and it provides the reader with a unique perspective of the symbolism behind the rattlesnake. The writer of the letter began by saying :
“ I observed on one of the drums belonging to the marines now raising, there was painted a Rattle- Snake, with this modest motto underit, ‘Don’t tread on me.’ As I know it is the custom to have some device on the arms of every country, I supposed this may have been intended for the arms of America…I sat down to guess what could have been intended by this uncommon device…”

The writer of this letter found it appropriate that the rattlesnake be identified with the American patriot as he stated, “it occurred to me that the Rattle-Snake is found in no other quarter of the world besides America.” The American patriot was constantly on guard, maintaining a keen situational awareness and therefore the rattlesnake, with its sharp eyes, “May be esteemed an emblem of vigilance.” Neither the rattlesnake nor the American patriot ever strikes until they have “generously given notice, even to her enemy, and cautioned him against the danger of treading on her.” Another interesting point, and one that has to do entirely with the subject of this book is the opinion formed by the observant eye of the author of this letter when he stated, “I confess I was wholly at a loss what to make of the rattles, ‘till I went back and counted them and found them just thirteen, exactly the number of the Colonies united in America…Tis curious and amazing to observe how distinct and independent of each other the rattles of this animal are, and yet how firmly they are united together.”

The Gadsden flag is, to this day, still used by the United States Navy and it flies over America’s oldest commissioned United States Naval ship, appropriately name by George Washington, the USS Constitution.