- Law Cases
by JB Williams, ©2013
(Feb. 23, 2013) — As states, communities and people across the country rush to protect State and Individual Rights under assault by a federal administration which has become tyrannical, operating far beyond its constitutional authority and at odds with the fundamental rights of the people, Michigan State House Speaker Jase Bolger issues an official position statement that should instantly end his political career. Even though Bolger’s state, Michigan, is ranked as one of the worst in the country, with Detroit ranked as the worst and most dangerous city in America, Bolger sees federal powers as absolute, supreme and without state checks and balances even when federal actions are blatantly far beyond the scope of constitutional federal authority. He couldn’t possibly be more wrong, and he knows it. Over a month ago, Michigan representatives of The North American Law Center presented Speaker Bolger with a Model Bill being introduced in numerous states across the country, aimed at restoring Michigan’s Constitutional Balance of Power. Bolger referred the Model Bill to legislative legal aide Doug Mains, who contacted representatives of the Law Center for further insight. Mains agreed with the constitutionality of the Model Act in an extensive phone conversation with the center. However, following that phone conference and at the direction of Speaker Bolger, Mains prepared a statement in opposition to not only The Balance of Powers Act, but ALL states and individual rights.
Although Bolger represents the opinion as his own, it is actually a poorly copied and pasted collection of opinions taken from The Heritage Foundation and David Barton at Wall Builders, both of whom have come out against the Tenth Amendment and States Rights for years now. Contrary to Bolger’s claim, the opinions presented in his letter of 2/22/13 are not his own, but rather that of Barton and Heritage Foundation, both of whom have been working to support unbridled federal authority by destroying states’ rights via false history and anti-state propaganda for years.
Bolger’s letter is entirely embarrassing. It demonstrates exactly why RINOs like Bolger cannot be trusted with the business of the people of Michigan. Bolger’s letter is a carefully crafted false propaganda piece designed to destroy State and Individual Rights protected by the Michigan State Constitution and the U.S. Bill of Rights. Working through ALEC, a national organization of Republican State Legislators guided by Heritage Foundation, Wall Builders and Eagle Forum, and using false propaganda written by these inside-the-DC-beltway RNC firms, the Republican National Committee is directly engaged in destroying the rights of the people and their states, and Michigan Speaker Bolger is their ringleader in Michigan.
In his letter, Bolger states the following:
“While I understand this is not the opinion you were hoping for, I hope you will allow me to explain as my opposition is based on conservative values of limited government, respect for our Founding Fathers and concern for individual rights.” – MI Speaker Bolger
However, Bolger quotes well-known New England liberal Daniel Webster, who was not a Founding Father, but rather the younger brother of Founder Noah Webster. Unlike his very conservative Republican brother Noah, Daniel Webster was a staunch supporter of Nationalism and federal authority.
Webster even joined forces in 1833 with Democrat President Andrew Jackson to suppress South Carolina’s attempt to nullify the tariff, which explains why leftists quote both Daniel Webster and Andrew Jackson as opposing states’ Tenth Amendment Rights. It also explains why RINOs freely quote these gentlemen in opposition to States’ Rights, something no self-respecting conservative Republican would ever do.
Bolger concedes the problem:
“In recent years, as the federal government has sought to expand its reach, these insights have become even more important, and have, perhaps surprisingly, found much favor with conservative groups.” – MI Speaker Bolger
And then he immediately speaks from the other side of his mouth.
“I strongly believe that this legislation is contrary to the intentions of our Founding Fathers, as expressed in the Federalist Papers, which are the foremost source of information concerning the aims and objectives of the drafters of the Constitution.” – MI Speaker Bolger
However, Bolger, or more specifically, his legal counsel, cherry-picked the same text used by modern progressives to assert unchecked federal powers while ignoring all else.
Bolger’s borrowed opinion is self-contradictory throughout his letter. He quotes Federalist Papers #33, #78 and #80 written by well-known nationalist Alexander Hamilton, and #44 authored by James Madison. But he fails to quote Madison’s Federalist #46, The Influence of the State and Federal Governments Compared, in which Madison states the following:
(Paraphrased) – All power rests with the people. All free governments derive their power from the people. The government body closest to the people, as in local and state government, is entrusted with the most political power. The government furthest from the people, as in the federal government, is entrusted with the least power. – Federalist #46 – James Madison
Bolger acknowledges the many efforts of the Supreme Court to grant itself powers which the U.S. Constitution does not grant it and the Bill of Rights denies the court.
“Based upon these provisions, the Supreme Court declared in 1803 that the judiciary had the ability to review the constitutionality of state and federal laws, stating: It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.” – MI Speaker Bolger
But once again, Bolger entirely ignores the words of our best-known Founder, Thomas Jefferson:
“You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves … When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know of no safe depository of the ultimate powers of the society, but the people themselves.” …. — Jefferson letter to Mr. Jarvis, Sept, 1820
How odd is it for a Republican State Speaker of the House to quote some Founding Fathers with great reverence while at the same time, totally ignoring all others? This is a standard means of undermining the Constitution and Bill of Rights, once only used by the political left.
Bolger continues his assault on states’ rights:
“A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.” – MI Speaker Bolger
In short, Bolger has bought the lie that our Founding Fathers created an unbridled federal power protected by a nine-member unelected oligarchy, hook, line and sinker. His lawyer, Doug Mains, knows better, as I spoke to him personally. But desperate for legal cover, Bolger has chosen to lie, support unbridled federal authority and lynch the people of his state at a most critical moment in history. Bolger chose the coward’s way out.
We have seen this before…
Sadly, it is not odd at all today. In fact, it has become a common practice for most Republican politicians, federal and state, to hide behind the misinformation shared through ALEC and promoted by inside-the-DC-beltway propagandists, Heritage Foundation and Wall Builders.
In fact, we have seen all of Bolger’s false statements and arguments many times before. In anticipation of this response from Bolger, the North American Law Center prepared a rebuttal aimed directly at the state of Michigan and its State Legislators, released two days before Bolger’s propaganda letter.
Though Bolger’s letter was addressed to state representatives of the North American Law Center and its Constitutional Balance of Powers Act, which is based entirely upon the U.S. Constitution and Bill of Rights, his comments are actually directed at every Michigan citizen and organization who still live under the belief that their State Constitution, U.S. Constitution and Bill of Rights are in full force and effect. Bolger’s letter is written so broadly as to completely dispel any notion that Michigan is a sovereign state, or that Michigan or its people have any constitutional rights at all.
Even though Bolger is careful to proclaim his personal belief in our Founding Fathers and Founding Documents, everything in his letter is designed to promote unbridled federal powers and deny the people of Michigan any state protections from federal tyranny whatsoever.
Unfortunately for Jase Bolger, we have seen this cowardly effort to evade the responsibility of state Republicans a number of times already. Under attack for corruption in what has become known as Bolger-Gate, the Michigan House Speaker finds himself running with leftists in a desperate attempt to retain political power in a party he does not represent.
When I asked several key Michigan GOP Delegates about Bolger as they headed into the State Republican Convention this weekend, the response came in two words… “RINO SNAKE…” Little did they know that Bolger had just proven them right in a letter dated earlier that morning. All state legislators willingly take an oath, first and foremost to the people of their state under their State Constitutions and then to uphold the U.S. Constitution and Bill of Rights.
According to Speaker Bolger, the Founding Fathers created a Supreme Federal Authority protected by a nine-member unelected and unchecked oligarchy, rather than a Constitutional Representative Republican form of government in which political powers are balanced not only between three co-equal federal branches, but between federal, state and individual rights as well.
Of course, Speaker Bolger is dead wrong and so is his closing recommendation;
“Thus, the individual states are not without recourse to stem the flow of increasing federal regulation. However, this power does not extend to the ability to nullify laws or pass legislation such as the Balance of Powers Act. Indeed our Founding Fathers considered such a thing dangerous.”
“Instead of focusing our effort and energy on this debate, we should follow the advice of our Founding Fathers and focus our efforts on electing candidates to Congress who philosophically embrace a commitment to constitutional principles, limited governments and conservative policies. Through these efforts, the people of Michigan can assure that the federal government does not continue to expand and increase at the expense of the states.”
As both the RNC and DNC have perfected the art of controlling the outcome of elections prior to the election happening, it comes as no surprise that a GOP RINO wannabe like Bolger would tell the people that their remedies for unconstitutional government are limited to electing better representatives.
However, I must direct the good Speaker to what our Founding Fathers really told the people to do about a circumstance we find ourselves in today, when State officials like Bolger refuse to keep their oaths to protect the people of the state from federal tyranny…
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable 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 affect their Safety and Happiness.”
Speaker Bolger had better pay attention to everything the Founders said, including the basis for his position as Speaker of the Michigan State House of Representatives affirmed in the Michigan State Constitution.
Preamble – “We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.”
Art. II, Sec. I – “All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.”
The Michigan State Speaker has sided with the Federal government against the people of Michigan. It is up to the people of Michigan what to do about that.
If the state of Michigan is to right itself, the people of Michigan will have to overcome the cowardly actions and inactions of their state representatives. Time is short…
The states either have enforceable Tenth Amendment Rights or they don’t. Be very careful how you answer this question, as it will drive what happens next in America.
Tags: Andrew Jackson, Balance of Powers Act, Bill of Rights, Daniel Webster, Founding Fathers, inalienable rights, Michigan, Michigan constitution, Noah Webster, Rep. Jase Bolger, The Heritage Foundation, The North American Law Center, tyranny, U.S. Constitution, Wall Builders