Category Archives: Constitution

Why does Ron Paul insist on a declaration of war?

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TAMPA, August 14, 2012 – Ron Paul insists that the U.S. government shouldn’t go to war without a declaration of war by Congress. His son Rand has also taken this position, as have a few other libertarian-leaning Republican candidates. The U.S. Constitution delegates the declaration of war power to the Congress, but they have not exercised this power since WWII.

Why is this important?

Most people misunderstand the declaration of war power as “permission” to start a war. By that definition, George W. Bush argued that H.J. Res. 114 (October 16, 2002) fulfilled this constitutional requirement regarding the Iraq War. With that resolution, Congress authorized the president to use military force in the war on terror.

The declaration of war power is not the power to start a war. It is the power to declare that a state of war already exists. This can only be true if the nation in question has committed overt acts of war against the United States.

Each time the U.S. Congress has declared war, the resolution has followed the same format.

1. Congress cites the overt acts of war committed by the nation in question against the United States.

2. It recognizes the existence of the war because of those overt acts.

3. It directs the president to utilize the military to end the war.

The process is some what analogous to a criminal trial. The president “makes his case” to Congress that certain actions by a foreign nation amount to acts of war. Congress then deliberates, renders its verdict and passes sentence. The president is directed to execute the sentence.

Here is just one example. When James Polk asked Congress to declare war on Mexico in 1846, he said,

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Audit the Fed first shot in Ron Paul’s revolution

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TAMPA, August 3, 2012 – “When I was your age, I went to the movies for a dime and bought a big bag of popcorn and a soda for a nickel.”

My father said that to me a hundred times when I used to pay $2.75 to go to the movies and another $1.25 for the popcorn and soda. For five generations, Americans have understood steadily rising prices as an immutable law of nature. Yet history shows that this just isn’t true.

The Federal Reserve of Minnesota publishes historical inflation figures on its website going back to 1800. The attached chart from that website shows annual inflation rates from 1800 through 2008. I added the last column to calculate the price movements of a basket of goods that cost $100 in 1800.

You don’t need a Ph.D. in finance for the numbers to jump off the page. The basket of goods that cost $100 in 1800 only cost $58.10 in 1913 (the year the Federal Reserve System was created). For that entire first full century of American history, steadily decreasing prices were something Americans took for granted.

In the ninety-nine years since the creation of the Federal Reserve System, that same basket of goods has risen to $1,265.14.

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Obama Romney debate could be a staring contest

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TAMPA, July 16, 2012 – Since this is a presidential election year, everyone is focused on the White House. As usual, this election is being hyped as some sort of crossroads in American history: The American electorate will either choose to make an irreversible turn down the road to socialism or conservatives will save the country by electing a Republican president who will restore the American principles of free enterprise and individual responsibility.

It all makes a pretty good story until one attempts to back it up with tangible evidence: Why is Barack Obama a “socialist?” Why is Mitt Romney different?

The first answer you’d get on Obama from most conservatives is Obamacare. That was virtually the single issue for most Tea Party rallies in 2010. Yet Republicans are going to nominate the former governor who pioneered the same program in Massachusetts. If Obamacare makes the president a socialist, then why doesn’t Romneycare make his opponent one also?

Romney answered that question throughout the Republican nomination debates by taking a states rights position. He had signed a healthcare program into law in Massachusetts that was good for that state, but president Obama had been wrong to impose it upon the whole country.

Why the program is socialist when the federal government imposes it nationally but not when the state government imposes it on its millions of citizens is unclear.

However, that point is moot given other facts that came to light following the Supreme Court’s decision to uphold Obamacare. It turns out that despite repeatedly stating that Obama was wrong to impose the healthcare program on the  whole nation, Romney actually told Obama to do exactly that just three years ago.

Oops.

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Morning Joe Wrong on Ron Paul and Social Security

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TAMPA, June 21 2012 — Ron Paul appeared on MSNBC’s Morning Joe yesterday, giving one of his most succinct criticisms of the Republican Party to date. Host Joe Scarborough had recently endorsed Paul and explained why he had voted for him in his Republican presidential primary.

For most of the segment, the hosts concentrated on Paul’s ideas, policy positions and vision for the future of the party. However, near the end of the segment, Sam Stein decided to ambush Paul on Social Security. After Paul explained his position on letting young people opt out of the program, Stein asked Paul if he collected Social Security payments himself. When Paul replied in the affirmative, Stein implied that Paul was being hypocritical by collecting Social Security payments while asking young people to opt out.

Non sequitur.

Ron Paul’s plan to phase out Social Security does not ask people who have paid into the program to forego the benefits. Those he wants to give the opportunity to opt out would also not be taxed to support Social Security. Perhaps somewhat surprised by the line of inquiry, Paul did not give the best answer he’s ever given to this question. However, he explained it in detail in my own interview with him last year.

Under Paul’s plan, those who have paid into the program would continue to receive the benefits they were promised. The funds not collected from young people who opt out would be raised from savings realized by Paul’s cuts to overseas military spending and elimination of federal departments.

So, Paul is not asking young people to do something that he is not willing to do himself. As he pointed out on Morning Joe, he’s still paying into Social Security right now.

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Will Ron Paul delegates make Romney flip flop again?

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TAMPA, June 10, 2012 – With all but one of the Republican primaries concluded, there are two things that are clear. The first is that unless something very improbable occurs, Mitt Romney will be the Republican nominee for president in 2012. The second is that Ron Paul will have an army of delegates at the Republican National Convention (RNC) in August.

The media continue to wonder what Paul hopes to accomplish with those delegates, although he has been clear from the beginning. His primary goal was to win the nomination. His secondary goal was to influence the direction of the Republican Party.

Paul has remained consistent in his strategy. In a June 6 e-mail to supporters, Paul said

“We stand to send nearly 200 bound delegates to the Republican National Convention in Tampa…What’s more, we will send several hundred additional supporters to Tampa who, while bound to Romney, believe in our ideas of liberty, constitutional government, and a common-sense foreign policy. When it is all said and done, we will likely have as many as 500 supporters as delegates on the Convention floor.

And while this total is not enough to win the nomination, it puts us in a tremendous position to grow our movement and shape the future of the GOP!”

Some of Paul’s supporters dispute that any of the RNC delegates are bound to vote for any candidate, citing Republican Party Rule No. 38. Obviously, Ron Paul doesn’t see it that way.

However, one thing everyone acknowledges is that no delegate to the RNC is bound to any candidate’s position on the issues. That means Paul’s 500 delegates can vote any way they want regarding the Republican Party platform.

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James Madison and the Making of America: The real story of the early American republic

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TAMPA, June 1, 2012 – Everyone has their version of the founding fathers and the U.S. Constitution. The most common is that the British colonies rebelled against their king because of “taxation without representation” and formed an independent republic. Their first try at a government didn’t work, so the best and the brightest among them met in Philadelphia and devised a new one. United in their desire to “form a more perfect union,” the delegates placed their trust in the “father of the Constitution,” James Madison, who masterfully wove “checks and balances” into a document that codified the limited government principles he would fight for the rest of his life.

That’s a nice, sentimental story, but the real one is far more interesting. If you want to know what really happened, then pick up a copy of James Madison and the Making of America by Kevin R. C. Gutzman.

Meticulously researched using primary and secondary sources, Gutzman’s book covers most of Madison’s life, concentrating on his key role in bringing about the constitutional convention and subsequent ratification of the Constitution itself. Gutzman follows the Philadelphia Convention almost day by day, managing to keep the story downright riveting without resorting to the “historical novel” format popular in recent decades. While doing so, he blows up just about every myth about Madison, his colleagues and the Constitution.

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Can Ron Paul supporters accept Gary Johnson?

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TAMPA, May 15, 2012 — Ron Paul’s announcement today that he will “no longer spend resources campaigning in primaries in states that have not yet voted” may finally have some of his supporters considering the possibility that he will not be the Republican Party’s nominee. That may be overly pessimistic considering that Paul also stated that he will continue to pursue his delegate strategy, which has been far more successful than his quest for a primary win.

However, even the most ardent supporter may find it prudent to have a “Plan B,” especially in states where the rules on write-in candidates are onerous. There is one man who believes he’s wide open in the Plan B end zone. He’s former Governor of New Mexico Gary Johnson.

Johnson secured the Libertarian Party’s nomination for president at its national convention last Saturday in Las Vegas, winning over 70% of the delegate votes.

Johnson supports Ron Paul, but doesn’t think Paul will win the Republican nomination. He wants Ron Paul supporters to know that he represents an opportunity to vote for a lot of the things they believe in.

“Ron Paul has always been about a message and so have I and it’s the same message. It’s about liberty and it’s about freedom, first and foremost, and when Dr. Paul’s candidacy comes to an end, there’s a viable alternative and I don’t think it’s a handicapped choice. I think it’s reloading. There’s no concession.”

So, do Paul supporters have to compromise to vote for Johnson?

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Why can’t Romney win delegates like Ron Paul?

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TAMPA, May 10, 2012 – With his wins in Maine and Nevada last weekend and imminent wins at state conventions in six more states, it appears that some of us were correct when we said over a month ago that rumors of Ron Paul’s campaign demise were greatly exaggerated.

The media continues to insinuate that there is not only something underhanded about Paul’s strategy, but something fundamentally wrong with what Politico describes as “the country’s cumbersome and arcane system for nominating presidential candidates.” According to this narrative, Paul’s supporters are “undermining democracy” by using said “arcane rules” to nullify the wishes of the electorate.

One could argue that Paul’s strategy is perfectly legitimate and that the process is deliberately set up the way it is to ensure that only informed and committed voters become delegates and choose the nominee. It is a republican rather than a democratic electoral process.

This process doesn’t disenfranchise anyone because everyone has an equal opportunity to become a delegate. The rules are not “arcane.” Arcane means that the information is only available to some people. The rules for how one can become a delegate and how the nominee is chosen are published on the Republican Party website in each state and are equally available to everyone.

That brings us to the real question, representing the other side of all of the passive-aggressive attacks on Paul’s strategy and the nominating process itself.

Why can’t Romney simply employ the same strategy as Ron Paul? Why can’t he win delegate majorities in states where he won the popular vote?

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Washington Times Communities link no longer active. Here is a recovered segment from quotation in Reason:

As far as I know, no one has conducted a poll of primary or caucus voters asking them why they did not participate in the delegate selection process. That means that one can only speculate as to why people who support Romney in the popular vote don’t tend to go on to become delegates…

for the most part, one need only be registered to vote in the primary or caucus. In some states, one must be a registered Republican to participate in the popular vote. In others, Democrats and independents can participate.

If one meets those minimal qualifications, one may cast a vote in the primary or caucus. One does not have to be informed on the issues or even know who is running. That doesn’t necessarily mean that all or even most participants in popular votes are uninformed. However, there is no requirement that they are informed and there is plenty of anecdotal evidence that this may be a problem.

For example, a CNN poll following the 2008 Republican primary found that John McCain had strong support from voters who said that they disapproved of the Iraq War, even though McCain had recently said that it would be fine with him if the U.S. stayed in Iraq for a hundred years. Were these voters unaware of McCain’s position?…

This could never happen in the delegate selection process. By the time that a candidate for the RNC delegation has participated in the local caucus, the district or county conventions, and finally the state convention, he not only knows who all of the candidates are but can likely recite their policy positions. He’s heard them over and over during that process…

Delegates are also required to be more committed to their candidates than primary voters. Those local, district, county and state conventions aren’t exactly exciting. In fact, they’re downright boring…

So, Romney does overwhelmingly better in contests that don’t require the participants to be informed on the issues or even know all of the candidates….All they have to do is register and make a 15-minute commitment to pull a lever behind a curtain.

Ron Paul does overwhelmingly better in contests that require delegates to commit months of their time to the process, to hear the arguments of the other candidates ad nauseum and make arguments for their own candidate in return, and sometimes even form coalitions with the delegates supporting other candidates in order to achieve common goals.

 

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Ron Paul delegate strategy is perfectly legitimate

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For at least a month, the media have been ignoring compelling evidence that Ron Paul is doing much better in the Republican nomination race than he did in the primary/caucus popular votes. In their hurry to write the general election narrative, the media have forgotten to perform their primary function: to report the facts. The facts are that Ron Paul has won at least two states and will likely win more.

Now that Paul’s success is impossible to ignore, the media are writing a new narrative. Headlines like “Ron Paul’s stealth state convention takeover” and “Ron Paul People Playing Mischief with Delegates” indicate that instead of ignoring Paul’s victories, they now seek to imply that there is something sneaky or unfair about them. Some even suggest that his delegate success in states where he did not win the popular vote may even (gasp!) “undermine democracy.”

Undermining democracy would be a good thing.  If there is anything we have too much of in 21st century America; it’s democracy. The United States flourished as a free and prosperous society largely because it was founded as a republic. The reason for the bicameral legislature, the separation of powers, and the other so-called “checks and balances” was to protect us from democracy, which James Madison called “the most vile form of government.”

Based upon the belief that government “even in its best state, is but a necessary evil,” the American republic was built to check the will of the majority whenever it wished to confer more power on the government. That’s why there are two houses in Congress. In a democracy, there would be only one. Even after the House passes a law, it then has to pass the Senate, which originally represented the state governments, not the people. The 17th Amendment removed this important check on the power of the federal government.

Ron Paul’s strategy takes advantage of the republican nature of the nomination process. That process does not rely purely on a popular vote to determine who will be the nominee. Instead, voters must go through a multi-tiered vetting process of successive elections in order to become a delegate to the RNC.

This does not remove all of the dangers inherent in a pure democracy, but it helps. At least a delegate has been forced to hear the arguments of other candidates before blindly casting a vote. He also must have the commitment necessary to endure the long delegate selection process.

That the process is republican rather than democratic does not disenfranchise anyone. Everyone has an equal opportunity to become a delegate. Everyone has an equal opportunity to read the rules. That supporters of some candidates choose not to go through the process does not “nullify their wishes.” That they choose not to become informed on how candidates are actually nominated does not represent a deception. On the contrary, the whole process is intentionally designed to ensure that uninformed or uncommitted people do not directly choose the nominee.