How To Curtail the Federal Beast

By Judge Andrew Napolitano


Dred Scott's Revenge: A Legal History of Race and Freedom in America


by Andrew P. Napolitano

1.)  The Scope of the Problem.

The Constitution gives the Congress only 17 discrete powers. One of them is the power to regulate interstate commerce and another is the power to tax incomes. Unfortunately, but not surprisingly, almost from the time the first Congress sat, it used its Commerce Clause power to tax goods, to control private behavior, and even to prohibit items in interstate commerce. Subsequent Congresses used that power to control the conditions for production and sale of goods that eventually made their way into interstate commerce. And modern Congresses have used that power to regulate any human behavior they wish, so long as the behavior, when combined with other similar behavior, might conceivably affect the movement of goods or persons in interstate commerce. Thus, today, the water you drink, the air you breathe, the size of the toilet bowl in your bathroom, the number of legs on your desk chair, the strength of the water pressure in your shower in your home, the amount of wheat you can grow in your yard, the amount of sugar manufacturers can put into ketchup, the words you can utter in public or private, are all regulated by the Congress, claiming power under the Commerce Clause. And the feds, as well, use their enormous horde of cash from our income taxes to bribe the states by paying them to regulate in areas that the Constitution prohibits Congress from regulating.

2.)  How to address this?

We need an amendment to the Constitution that expressly limits Congress to exercising only the 17 specific powers that are delegated to it in the Constitution and defines and limits the regulation of interstate commerce to its original meaning of keeping commerce regular by preventing all governments, state and federal, from interfering with it. We also need to rescind the 16th Amendment and affirmatively prohibit any federal tax on persons, as individuals or as groups. These two measures will starve the federal government back down to the footprint established for it by the Constitution. The Constitution can only be amended by enactment of an amendment by three-quarters of the legislatures of the states. In order to get to the state legislatures, an amendment can only come from an affirmative vote of two-thirds of both houses of Congress, or from a constitutional convention which Congress must call if asked to do so by two-thirds of the state legislatures.

3.)  What should freedom lovers do?

Here are a few simple steps. First, agree on the wording of two amendments addressing commerce and income taxes. Next persuade the state legislatures of 34 states to enact a resolution by a simple majority vote of each house of the states’ legislatures instructing Congress to convene a constitutional convention for the express and sole purpose of considering these two amendments. I don’t know if 34 states will agree to this; but I firmly believe that as the number of agreeing states approaches 34, Congress will become terrified, and will begin to curtail its regulation of our behavior and lower our taxes. If the convention does come to pass and sends the two proposed amendments to the states, the goal is then to get 38 states to adopt the amendments. Note, the state legislative process of demanding a convention and the state legislative process of approving an amendment only requires a simple majority in each house of a state legislature, and neither is subject to a governor’s veto.

4.)  What else can freedom lovers do?

They can elect state legislators who are intelligent and courageous enough to challenge and defy the federal government. Montana, Texas, and Oklahoma have many legislators who are prepared to direct their law enforcement to refrain from enforcing any federal laws; to authorize that products that originate and remain within their borders not be subject to any federal regulation; and even to begin the process of seceding from the Union. Even states with more liberal attitudes can be recruited into this effort by persuading them to save money and enhance freedom by prohibiting state and local law enforcement from prosecuting persons for possessing small amounts of controlled substances. The federal government simply cannot enforce all its criminal laws (there are over 4,000 of them) without the active assistance of state and local law enforcement. Secession, even under the biggest of Big Government theories, is perfectly lawful and can lawfully be accomplished by the consent of three-quarters of the remaining state legislatures.

5.)  Congress is not a general legislature.

The federal government did not come into existence in order to right every wrong. The feds are obliged to recognize our natural rights. When the government behaves with no self-recognized limitations, when its only restraint is whatever it can get away with, when it actively attacks rather than forcefully protects our natural rights, then, as Jefferson wrote in the Declaration of Independence, and as federal law still states, “it is the duty of the people to alter or abolish it.”

Judge Andrew P. Napolitano joined Fox News Channel (FNC) in January 1998 and currently serves as the senior judicial analyst. He provides legal analysis on both FNC and Fox Business Network daily. He co-hosts Fox News Radio's "Brian and The Judge" show daily, and hosts “FreedomWatch” on Foxnews.com weekly. Judge Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He is a graduate of Princeton University and the University of Notre Dame Law School. He lectures nationally and publishes op-ed pieces in national publications. Judge Napolitano has written four books on the Constitution and human freedom, including his most recent, “Dred Scott’s Revenge: A Legal History of Race and Freedom in America.” To learn more: http://www.judgenap.com


Note from Glenn

Let’s be clear that no one is calling for a Constitutional Convention. The Judge has outlined what would need to be done, legally, in order for the 10th Amendment to have some real teeth put back into it. No one really wants a Constitutional Convention. Nobody on the left or the right really pushes for one for two reasons. First, no matter how limited the scope of the proposed constitutional convention if one actually takes place it’ll be almost impossible to restrict the changes that could be made to the Constitution. Remember that when the Founding Fathers met in Philadelphia for their constitutional convention their orders were to do nothing more than “amend the Articles of Confederation.” By day three they had unofficially agreed to abolish the Articles and create a new form of government. If a constitutional convention were held today there would be no limits on what they could do and it’s very possible we end up with the Constitution shredded and in tatters. I don’t want to take that risk.

Second, I don’t trust our current crop of politicians to do the right thing. I don’t see a modern-day George Washington, Benjamin Franklin, or James Madison. All I see are selfish politicians willing to do anything to get re-elected. I don’t want to put the future of my children and grandchildren in their fat money-stained fingers.

So let’s hold off on the constitutional convention but move forward with the gun legislation in Montana, Utah, Texas and other states in an effort to have the Supreme Court re-consider the 10th Amendment. Good people doing great things is all it takes to return America to what our Founding Fathers intended Her to be—a bastion of freedom and liberty!

-glenn

 

This week on the Glenn Beck Podcast, Glenn spoke with Vox co-founder Matthew Yglesias about his new book, "One Billion Americans: The Case for Thinking Bigger."

Matthew and Glenn agree that, while conservatives and liberals may disagree on a lot, we're not as far apart as some make it seem. If we truly want America to continue doing great things, we must spend less time fighting amongst ourselves.

Watch a clip from the full interview with Matthew Yglesias below:


Find the full podcast on Glenn's YouTube channel or on Blaze Media's podcast network.

Want to listen to more Glenn Beck podcasts?

Subscribe to Glenn Beck's channel on YouTube for FREE access to more of his masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, or subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

'A convenient boogeyman for misinformation artists': Why is the New York Times defending George Soros?

Image source: Simon Dawson/Bloomberg via Getty Images

On the "Glenn Beck Radio Program" Tuesday, Glenn discussed the details of a recent New York Times article that claims left-wing billionaire financier George Soros "has become a convenient boogeyman for misinformation artists who have falsely claimed that he funds spontaneous Black Lives Matter protests as well as antifa, the decentralized and largely online, far-left activist network that opposes President Trump."

The Times article followed last week's bizarre Fox News segment in which former House Speaker Newt Gingrich appeared to be censored for criticizing Soros (read more here). The article also labeled Glenn a "conspiracy theorist" for his tweet supporting Gingrich.

Watch the video clip below for details:


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The former ambassador to Russia under the Obama Administration, Michael McFaul, came up with "7 Pillars of Color Revolution," a list of seven steps needed to incite the type of revolution used to upend Eastern European countries like Ukraine and Georgia in the past two decades. On his TV special this week, Glenn Beck broke down the seven steps and showed how they're happening right now in America.

Here are McFaul's seven steps:

1. Semi-autocratic regime (not fully autocratic) – provides opportunity to call incumbent leader "fascist"

2. Appearance of unpopular president or incumbent leader

3. United and organized opposition – Antifa, BLM

4. Effective system to convince the public (well before the election) of voter fraud

5. Compliant media to push voter fraud narrative

6. Political opposition organization able to mobilize "thousands to millions in the streets"

7. Division among military and police


Glenn explained each "pillar," offering examples and evidence of how the Obama administration laid out the plan for an Eastern European style revolution in order to completely upend the American system.

Last month, McFaul made a obvious attempt to downplay his "color revolutions" plan with the following tweet:

Two weeks later, he appeared to celebrate step seven of his plan in this now-deleted tweet:



As Glenn explains in this clip, the Obama administration's "7 Pillars of Color Revolution" are all playing out – just weeks before President Donald Trump takes on Democratic candidate Joe Biden in the November election.

Watch the video clip below to hear more from Glenn:


Watch the full special "CIVIL WAR: The Way America Could End in 2020" here.

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multiplatform network of voices who love America, defend the Constitution and live the American dream.

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Modern eugenics: Will Christians fight this deadly movement?

Photo by Olga Kononenko on Unsplash

Last month, without much fanfare, a new research paper disclosed that 94 percent of Belgian physicians support the killing of new-born babies after birth if they are diagnosed with a disability.

A shocking revelation indeed that did not receive the attention it demanded. Consider this along with parents who believe that if their unborn babies are pre-diagnosed with a disability, they would choose to abort their child. Upwards of 70 percent of mothers whose children are given a prenatal disability diagnosis, such as Down Syndrome, abort to avoid the possibility of being burdened with caring for a disabled child.

This disdain for the disabled hits close to home for me. In 1997, my family received a letter from Michael Schiavo, the husband of my sister, Terri Schiavo, informing us that he intended to petition a court to withdraw Terri's feeding tube.

For those who do not remember, in 1990, at the age of 26, Terri experienced a still-unexplained collapse while at home with Michael, who subsequently became her legal guardian. Terri required only love and care, food and water via feeding tube since she had difficulty swallowing as a result of her brain injury. Nonetheless, Michael's petition was successful, and Terri's life was intentionally ended in 2005 by depriving her of food and water, causing her to die from dehydration and starvation. It took almost two excruciating weeks.

Prior to my sister's predicament, the biases that existed towards persons with disabilities had been invisible to me. Since then, I have come to learn the dark history of deadly discrimination towards persons with disabilities.

Indeed, some 20 years prior to Germany's T4 eugenics movement, where upwards of 200,000 German citizens were targeted and killed because of their physical or mental disability, the United States was experiencing its own eugenics movement.

U.S. Supreme Court Justice Clarence Thomas documented some of this history in his concurring opinion in Box v. Planned Parenthood of Indiana and Kentucky, Inc., Justice Thomas describes how eugenics became part of the academic curriculum being taught in upwards of 400 American universities and colleges.

It was not solely race that was the target of the U.S. eugenics movement. Eugenicists also targeted the institutionalized due to incurable illness, the physically and cognitively disabled, the elderly, and those with medical dependency.

In 1973, the U.S. Supreme Court handed down Roe v. Wade, which wiped out pro-life laws in nearly every state and opened the floodgates to abortion throughout the entirety of pregnancy. Since then, 60 million children have been killed. Abortion as we know it today has become a vehicle for a modern-day eugenics program.

Since the Catholic Church was established, the Truth of Christ was the greatest shield against these types of attacks on the human person and the best weapon in the fight for equality and justice. Tragically, however, for several decades, the Church has been infiltrated by modernist clergy, creating disorder and confusion among the laity, perverting the teachings of the Church and pushing a reckless supposed “social justice" agenda.

My family witnessed this firsthand during Terri's case. Church teaching is clear: it is our moral obligation to provide care for the cognitively disabled like Terri. However, Bishop Robert Lynch, who was the bishop of the Diocese of St. Petersburg, Florida, during Terri's case, offered no support and was derelict in his duties during the fight for Terri's life.

Bishop Lynch had an obligation to use his position to protect Terri from the people trying to kill her and to uphold Church teaching. Indeed, it was not only the silence of Bishop Lynch but that of the United States Conference of Catholic Bishops (USCCB), which also remained silent despite my family's pleas for help, that contributed to Terri being needlessly starved and dehydrated to death.

My family's experience, sadly, has turned out to be more of the rule than the exception. Consider what happened to Michael Hickson. Hickson was a 36-year-old, brain-injured person admitted to a Texas hospital after contracting COVID-19. Incredibly—and against the wishes of Michael's wife—the hospital decided not to treat Michael because they arbitrarily decided that his “quality of life" was “unacceptably low" due to his pre-existing disability. Michael died within a week once the decision not to treat him was imposed upon him despite the efforts of his wife to obtain basic care for her husband.

During my sister's case and our advocacy work with patients and their families, it would have been helpful to have a unified voice coming from our clergy consistently supporting the lives of our medically vulnerable. We desperately need to see faithful Catholic pastoral witness that confounds the expectations of the elite by pointing to Jesus Christ and the moral law.

A Church that appears more concerned with baptizing the latest social and political movements is a Church that may appear to be “relevant," but one that may also find itself swallowed up by the preoccupations of our time.

As Catholics, we know all too well the reluctance of priests to preach on issues of abortion, euthanasia, assisted suicide, and other pro-life issues. We have heard that the Church cannot risk becoming too political.

At the same time, some within the Church are now openly supporting Black Lives Matter, an organization that openly declares itself hostile to the family, to moral norms as taught by the Church, and whose founders embrace the deadly ideology of Marxism.

For example, Bishop Mark J. Seitz of El Paso, Texas, knelt in prayer with a cardboard sign asserting his support for this ideology.

Recently, during an online liturgy of the mass, Fr. Kenneth Boller at The Church of St. Francis Xavier in New York, led the congregation with what appears to sound like questions affirming the BLM agenda. Moreover, while reading these questions, pictures of George Floyd, Breonna Taylor, and Ahmaud Arbery, assumed victims of racial injustice, were placed on the altar of St. Francis Xavier Church, a place typically reserved for Saints of the Catholic Church.

Contrast these two stories with what happened in the Diocese of Lafayette, Indiana, where Rev. Theodore Rothrock of St. Elizabeth Seton Church fell victim to the ire of Bishop Timothy Doherty. Fr. Rothrock used strong language in his weekly church bulletin criticizing the Black Lives Matter movement and its organizers. Consequently, Bishop Doherty suspended Fr. Rothrock from public ministry.

In 1972, Pope Pius VI said, “The smoke of Satan has entered the temple of God." It seems that too many of our clergy today are enjoying the smell.

I encourage all who are concerned about the human right to life and about Christ-centered reforms in our culture and our Church to raise your voices for pastoral leadership in every area of our shared lives as Christian people.

Bobby Schindler is a Senior Fellow with Americans United for Life, Associate Scholar at the Charlotte Lozier Institute, and President of the Terri Schiavo Life & Hope Network.