Our Founding Documents Then and Now
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About this ebook
This book covers the Constitution, Founder Fathers, History, Declaration of Independence, Republic, Democarcy, Bill of Rights and much more.
By Preserving America’s Past We Insure America’s Future. This comprehensive book of many Founding documents from the Magna Carta to our great Constitution and Bill of Rights also gives some background and quotes by several Founders. You have to ask the question: Who and What brought us Principles of Freedom, Liberty, Life, Liberty, Pursuit of Happiness, Prosperity and Private property ownership?
Our national Pledge of Allegiance states that we are a Republic and not a Democracy and that we are one nation “under God”, indivisible, with liberty and justice for all”
Well, which is it, “ Republic or Democracy, Is There a Difference?”
This is not only spelled out in our Constitution, but also in the Rule of Law and it was locked down so that the process would require the People’s involvement. This is why our Constitution has been classed as "rigid". The term "rigid" is used in opposition to "flexible" (or a “living” document) because the provisions are in a written document which cannot be legally changed with the same ease and in the same manner as ordinary laws.
"History Is God's Providence In Human Affairs."
Daniel Webster
Taylor E Hoynes, Jr
Taylor Hoynes was born in Columbia, S.C. and grew up in Atlanta, GA. He spent 24 years in sales, service and rental of Audio Visual equipment with Colonial Film & Equipment Co., a family owned business. He eventually became President and then owner and President of Colonial Films, Inc. which specialized in the production of educational and industrial audio visual software. He obtained his real estate licensed in 1979 and worked with United Farms and Land and became a licensed Georgia Real Estate Broker in 1986. He was with Northside Realty Land Division in Alpharetta then Metro Brokers Real Estate, specializing in land and development properties. In 1995 he formed Shiloh Realty specializing in land sales and then started new home building and residential development and services to other builders and developers around Lake Lanier and GA 400 to North Georgia. He has an active State of Georgia Residential General Contractors license and Brokers license. He is a conservative American Patriot and a conservative Christian. He grew up in the 50's as a Patriot and saw what happened in during the 60's in our colleges and schools. He realized many educators were trashing our Constitution, writing revisionist history and promoting humanism/socialism and global collectivism since the early 1900's. We are bearing the consequences of this today. People say today, “Who is responsible for this mess we are in, this government takeover of our lives?” And, the answer is; “We the People” are. On July 4, 1776, Fifty Six men signed their death warrants by signing the Declaration of Independence and pledged “our lives, fortunes and our Sacred Honor”. Many did just that and lost their lives and all their fortunes. Those original Patriots shed blood so we could have this great country, imperfect yes, but still the greatest country in history with “Liberty and Justice for all”. Why should we let others decide how we should live our lives or how our government is to be operated? Our Founding Fathers were great men of history and pledged and gave their “Lives, Fortunes and Sacred Honor. Don’t defame their great legacy and their spirit. Let’s stand up and show your Spirit of ’76 and become those great men and women who gave us the world’s greatest Constitutional Republic and take our country back so we can again become “One Nation Under God”
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Our Founding Documents Then and Now - Taylor E Hoynes, Jr
Preface
Who and What brought us Principles of
Freedom
Liberty
Life
Liberty
Pursuit of happiness
Prosperity
Private property ownership
The foundation of America was based on the Judeo/Christian principles of God our Creator and his Word, the Bible.
It was from the teaching of the Old Testament and New Testament that our Founding documents were based on;
The Declaration Of Independence, The Constitution And The Bill Of Rights.
History Is God's Providence In Human Affairs.
Daniel Webster
By Preserving America’s Past
We Insure America’s Future
"Let the American youth never forget, that they possess a noble inheritance, bought by the toils, and sufferings, and blood of their ancestors;
and capacity, if wisely improved, and faithfully guarded, of transmitting to their latest posterity all the substantial blessings of life,
the peaceful enjoyment of liberty, property, religion, and independence."
Joseph Story, Supreme Court Justice
Commentaries on the Constitution, 1833
§
ref_Table_of_Contents
Preface
Chronology of American Law
Introduction
Democracy vs. Republic~Which are we?
The Constitution and The Rule Of Law
The Doctrine of Lower Magistrates
Federalism: Elliot's Debates
The 17 "Enumerated (LIMITED) Powers"
Government of the United States ofAmerica
Government and Constitution Charts
Senate Organization Chart
House of Representatives Chart
Map Of The Thirteen Colonies
Declaration of Independence Time Line
Declaration of Independence Original Document
The Signers DOC
Influential Founding Fathers Quotes
George Washington
Thomas Jefferson
Benjamin Franklin
John Adams
James Madison
George Mason
Slavery The National Sin
Sir William Blackstone
Frederick Douglass
Three Fifths of a Person Clause
End Of Slavery
Constitution The Beginnings
The Signers Constitution
Joseph Story Supreme Court Justice
Constitutional Interpretation J. Story
Constitution Original Page One
Constitution of The United States With Comments
Bill of Rights
Amendments 1-10
Amendments XI- XXVII 11-27
The Virginia Declaration of Rights
The Constitution Questions and Answers
Articles Of Confederation
Magna Carta June 15,1215
Mayflower Compact
Chronological List of Presidents
THE FEDERALIST (Papers)
The Federalist Papers No. 9
The Federalist Paper No. 10
The Federalist Paper No. 51
The Oaths of Office~Pre Revolution
Current Oaths Of Office
Transcript of Northwest Ordinance (1787)
Postscript
About the Author
Chronology_of_American_Law
Magna Carta 1215
Sir Edward Coke
John Wycliffe 1330–1384
Columbus discovers America 1492
Martin Luther The Reformation 1517
John Calvin 1509
John Knox (c.1514–November 24, 1572)
Mayflower Compact 1620
Lex Rex Samuel Rutherford, Lex Rex 1664
John Locke 1680-1690
William Penn (Pennsylvania)
Montesquieu, Baron Charles Louis Joseph de Secondat
Wrote the commentary The Spirit of Laws
1748
Sir William Blackstone’s Commentary (excerpts) 1765-1770
The Declaration of Independence July 4,1776
The Constitution of the United States of America 1788
The Bill of Rights December 15, 1791
§
Introduction
Before you can really study and understand our government and its founding documents, you have to understand how, why, what and who created it.
Magna Carta
On JUNE 15, 1215, England's barons surrounded King John on the plains of Runnymede and forced him to sign the Magna Carta, the Great Charter of English Liberties.
British judge, Lord Denning, described the Magna Carta as the greatest constitutional document of all times - the foundation of the freedom of the individual against the arbitrary authority of the despot.
The Magna Carta was the first time in history that the unlimited and unpredictable power of a king was handcuffed, and the process began of guaranteeing individual rights under a rule of law which eventually culminated in the United States Constitution.
The Magna Carta ends:
...for the salvation of our souls, and the souls of all our...heirs, and unto the honor of God.
Because of the great importance of the Magna Carta considered to be the Constitutional Charter document of England and subsequently of America this section is a little longer than most. This great document was the legal precedent used down through the ages guaranteeing the rights and liberties of freemen. During the 13th century in England freemen were ‘in’ a minority, but the term would include all English eventually. The same thing
applies to all Americans with the phrase We the People
.
§
Democracy_vs_Republic_Which_Are_We
Below is an excerpt from Republic Or Democracy, Is There A Difference?
© Taylor E. Hoynes, Jr. 2011
§
A perfect democracy is therefore the most shameless thing in the world.
Edmund Burke
Democracy and Republic: Definitions
To better understand this we must understand the definition of each form of government. So many times we have several different definitions and understanding of words by listening to different positions. This is what gets us into trouble so much of the time. You can ask 10 people their opinion on something and you can get 15 different answers because 5 of them changed their minds already. Sometimes it is much more expedient to go to the dictionary and look up the definitions. Merriam Webster dictionary defines both:
DEMOCRACY
government by the people; especially : rule of the majority
b : a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections
Webster’s 1828 Definition
In other words majority rule
by the ruling majority at the time and not under a Constitutional Rule of Law as in a Republic.
REPUBLIC, n. [L. respublica; res and publica; public affairs.]
1. A commonwealth; a state in which the exercise of the sovereign power is lodged in representatives elected by the people. In modern usage, it differs from a democracy or democratic state, in which the people exercise the powers of sovereignty in person. Yet the democracies of Greece are often called republics.
Webster’s 1828 Definition
REPUBLIC. re•pub•lic \ri-ˈpə-blik\ noun
1 a (1) : a government having a chief of state who is not a monarch and who in modern times is usually a president
1b : a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers
and representatives responsible to them and governing according to law.
3 : a constituent political and territorial unit of the former nations of Czechoslovakia, the U.S.S.R., or Yugoslavia (see note below).
Merriam-Webster's collegiate dictionary
Thesaurus: (synonyms): State, Nation, Democracy, (antonym: Monarchy)
So what are we, a Democracy or a Republic? What did these great learned and wise men create for us that would be a lasting form of Liberty and Freedom.
The Constitution does not contain the word Democracy, but it does contain "a Republican Form of Government as spelled out in the following legal definition as to what our government is:
United States Constitution Article IV, Section. 4.
"The United States shall guarantee to every State in this Union
A Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence." (emphasis added)
Rule of Law
The Founders created the Constitution over all the Land
i.e. Law of the Land (Rule of Law), all branches of government, all lower government and all citizens.
ARTICLE VI, Clauses 2 & 3 (Comments in italics)
Clause 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
The supremacy clause
is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts.
Clause 3
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.
State and federal officials, whether legislative, executive, or judicial, must take an oath to uphold and defend the Constitution. No religious test, either an avowal or a repudiation of any religious belief, shall ever be required of any public officeholder in the United States.
The Founders put the Law of the Land (Rule of Law) under the Constitution with all branches of government and all officials and bound them with a Legal Affirmation of the Oath Of Office.
The supremacy clause
is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts.
State and federal officials, whether legislative, executive, or judicial, must take an oath to uphold and defend the Constitution.
They are all bound by the Law of the Land to uphold this legal Oath of Office. (emphasis added)
For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the central and state governments.
William E. Gladstone’s famous remark about the U.S. Constitution:
As the British Constitution is the most subtle organism which has proceeded from the womb and long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man.
(emphasis added)
Gladstone, William Ewart (December 29, 1809–May 19, 1898), was British Prime Minister four different times during Queen Victoria’s reign and an author.
The Constitution therefore is not a "living document or a floating document subject to be changed by special interest groups or even by those in government including the courts by claiming it is outdated and not suitable for modern times. As we will see in this book in the
Founders" own words they were not concerned with technology and industrial advancements. They knew that only a culture that was concerned with character, honor, truth, virtue, morality, absolutes, integrity and Godliness would survive and flourish.
Tis substantially true, that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every species of free Government.
George Washington W.B. Allen, ed. (521)
James Madison, Thomas Jefferson, George Mason, Samuel Adams, Roger Sherman, Benjamin Franklin and most of the others believed our freedoms come from our Humanities; Jefferson had just written in the Declaration of Independence that, all men are created equal and are endowed by their
Creator…………………………
"Happily for America, happily we trust for the whole human race, they pursued a new and more noble course. They accomplished a revolution which has no parallel in the annals of human society.
They reared the fabrics of governments which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate."
James Madison ( Federalist Papers , No. 14)
So, our Natural
rights come from our Humanities which come from God and are confirmed by the Constitution, and the Bill of Rights with the Declaration of Independence as our Charter Document; government’s role is to guarantee these rights.
God is free and he created us free and therefore we are free
men and women. The framers took great pains to create a unique and limited
federal government based on God’s law.
So why is the Republic of the United States of America different from other Republics past and present? What holds us to absolutes
of the Rule of Law under the Constitution; that binds us as a people and keeps majority rule
from taking us over?
It is because America was set up as a Republican form of Government based on the Covenant Law of God (Judeo/Christian) with elected representatives by the people. Remember the definition of a Republic
?
a government having a chief of state who is not a monarch and who in modern times is usually a president
"a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law"
The Thesaurus says a Republic is a State, Nation.
Russia and Iran are republics and they are under law so what is the difference?
We were founded as a Republican form of Government with elected representatives by the people, but our rights (life, liberty and the pursuit of happiness) come from our Creator, not the government.
Again, it is clear that the supreme power of the land is the Constitution and it is not in any of the three branches of our government. And, the beginning of our Constitution was formed by The Laws of Nature and Nature’s God
as spelled out in our Charter Document, The Declaration of Independence.
The_Constitution_and_The_Rule_Of_Law
The Declaration of Independence was written to cast out the dictatorship of the monarch George III the King of England. Imperialism was back in England and the Colonies were under bondage of an Imperial government, yet they were citizens
of England.
Absolute control by the elite
, the royals who knew all things and the sheeple
were just that, dumb sheep that had to be tended to.
Imperialism; Belief in Empire Building, Domination by Empire;
the extension of power or authority over others in the interests of domination. (Encarta Dictionary)
Imperial; Commanding; maintaining supremacy; as the imperial democracy
of Athens.(Webster’s 1828)
The Declaration states that Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.
The Declaration says that civil governments are instituted to secure our unalienable God-given rights.
"When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes" (emphasis added)
UNDER THE LAWS OF NATURE AND NATURE’S GOD
(Declaration of Independence)
(Article IV, Section 10 the United States shall guarantee to every State in this Union a Republican Form of Government..
)
The basis of our political systems is the right of the people to make and alter their constitutions of government.
President George Washington
This (right of the People) is the leading principle~the sheet of anchor of American republicanism
President Abraham Lincoln
A Republic
is where civil power is exercised by representatives of the people under the rule of law
under the Constitution.
It is evident that no other form (Republican) would be reconcilable with the genius of the People of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every voary of freedom to rest all our political experiments on the capacity of mankind for
self-government".
James Madison
James Madison is refered to the Architect & the Father
of the Constitution.
REMEMBER, THE FOUNDERS REFERED TO DEMOCRACY AS DESPOTISM AND TYRANNY
(The power, spirit, or principles of a despot; absolute control over others; tyrannical sway; tyranny).
DEMOCRACY
"government by the people; especially : rule of the majority"
In other words majority rule
is mob rule
by the ruling majority at the time and not under a Constitutional Rule of Law as in a Republic.
The People, who have all civil authority, separately delegated some authority to the states and some authority to the national government.
Civil rulers have no authority to adopt a new form of government.
The United States Government has only the authority expressly enumerated (specifically listed and/or counted things) in the Constitution.
Public officials have no right to define their own powers
No government branch, department or official has absolute power.
The separation of powers is mandatory, and the authority to regulate must always be justified under the Constitution.
"The accumulation of all powers, legislative, executive and Judiciary, in the same hands…may justly be pronounced the very definition of tyranny"
James Madison
All civil authority belongs to the People, some of which has been delegated to the federal government. What the people have not delegated has been reserved. The government has no inherent authority. (Amendments Nine and Ten, see below)
The Constitution specifies the purposes of government which are intended to be permanent, not the means of government which are subject to change.
OATHS OF OFFICE BY ALL OFFICIALS: "I do solemnly swear (or affirm) that I will support and defend (AND PRESERVE) the Constitution of the United States against all enemies, foreign and domestic…"
Amendment IX (1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
(Failure of the Constitution to mention a specific right does not mean that the government can abridge that right, but its protection has to be found elsewhere.)
Amendment X (1791)
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are