9/13: PATRIOT WEEK DAILY READING

SEPTEMBER 13:  PATRIOT WEEK OVERVIEW 

On September 13, Patriot Week recognizes the First Principle of the Social Compact.  We also recognize George Washington, who made that First Principle come alive in America. In addition, we recognize the Congressional Resolution forwarding the Constitution to the states for ratification, as well as the current USA Flag (the symbol of our current Social Compact). 

FIRST PRINCIPLE: SOCIAL COMPACT

The Declaration of Independence recognizes as a self-evident truth that “governments are instituted among men, deriving their just powers from the consent of the governed. . . .” 

There are two aspects to this First Principle of the Social Compact. First, that legitimate governments are instituted among the people; second, that the just powers of the government are derived from the consent of the people. 

The Founding Fathers derived much of their understanding of this First Principle from John Locke, Thomas Hobbes, and and other like-minded philosophers. 

The Founding Fathers believed that because conflict is inevitable in a state of nature, individuals united in civil societies and established government to secure the peace. James Madison reflected that “If men were angels, no government would be necessary.” But men are not angels, Alexander Hamilton noted, and government becomes necessary to restrain “the passions of men.” Thus, paradoxically, legal restraints are necessary to preserve liberty. The alternative is vigilantism – which Hobbes aptly termed a “war of every one against every one.” 

The second aspect of the Social Compact is that the people must consent to give the government its authority. Robert Bates, a delegate to the Constitutional Convention, explained that “In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one.” 

Indeed, the American Revolution was strongly motivated by a defense of this First Principle. The cry of “no taxation without representation” was directly derived from the Social Compact. 

The Social Compact is an indispensable First Principle of American freedom.

RESOLUTION OF CONGRESS OF SEPTEMBER 28, 1787

On September 28, 1787, the Congress forwarded the proposed Constitution to the several States for their consideration. Although an often overlooked document, the resolution of Congress forwarding the proposed Constitution for ratification is the living embodiment of the First Principle of the Social Compact. Writing on a clean slate, the people of the United States had the opportunity to consent to – or reject – a proposed system of government.  The rest is history. 

FOUNDING FATHER GEORGE WASHINGTON

Born on February 22, 1732 in Westmoreland County, Virginia, Washington was the leading personality of the American Revolution. 

A Virginian plantation owner and large landholder, he had become a military leader during the French and Indian War, one well-known for his bravery. In one fierce engagement early in his military career, he led his troops when his commanding officer was slain. At the time, the Indian chief in charge of the battle ordered his troops to fire on Washington. After they fired 17 times and failed to hit him (although two horses were shot from under him), the Chief ordered his troops to stop targeting Washington and declared that Washington was a man blessed by God and would become the leader of a great empire. After Washington gathered his troops, he discovered that he had four bullet holes in his overcoat, but he was never scratched. 

Washington’s impact was remarkable. This skirmish led to the French and Indian War, which led to taxation of the colonies without representation and British oppression, which led to the American Revolution and Washington becoming the commander of Continental Army - and eventually President of the United States. 

A towering figure, he was truly larger than life. In May 1775, the Second Continental Congress elected Washington as the Commander in Chief of the Continental Army. A man of tremendous character and fortitude, through almost sheer willpower, Washington led the American Army and faltering nation through a grueling and successful war against the mightiest empire on earth. 

Although he attempted to retire to his estate at Mount Vernon, he was called back to service as the President of the Constitutional Convention in Philadelphia in 1789. Washington’s invaluable presence lent the Convention tremendous legitimacy. After the 

Constitution was ratified, he served two terms as the first President of the United States. 

When Washington had announced he would be voluntarily relinquishing power by retiring as President, his nemesis King George III stated that Washington was “placed in a light the most distinguished of any man living,” and was “the greatest character of the age.” 

No wonder, then, that in the wake of his death that the House of Representatives passed a resolution authored by Henry Lee that summarized America’s thoughts on Washington: “first in war, first in peace, and first in the hearts of his countrymen.”

THE CURRENT USA FLAG

On June 14, 1777 (now Flag Day), the Continental Congress, adopted the national flag through the following resolution: "Resolved: that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation." Lore has it that the Betsy Ross flag was the first official version of the flag. 

Since that date, the official flag of the United States has altered - mostly due to the increasing number of states. With the addition of each state, the flag has been modified, until its current composition including 50 stars (one for each state) in the field of blue, and with 13 stripes representing the original 13 states. 

This flag is a reflects a deep commitment to the Social Compact.

Learn more about America and Patriot Week, and renew the American Spirit, visit www.PatriotWeek.org, Facebook, Twitter, or contact Judge Michael Warren at patriotweek@gmail.com.

9/12: PATRIOT WEEK READING: THE RULE OF LAW

SEPTEMBER 12:  PATRIOT WEEK OVERVIEW

On September 12, Patriot Week recognizes the First Principle of the rule of law.  We also recognize Chief Justice John Marshall; the Supreme Court decision Marby v. Madison (authored by Marshall); and the Betsy Ross Flag.

FIRST PRINCIPLE: RULE OF LAW

For much of history, justifying the ruling government went no further than the point of a sword. As John Adams described, “In the earliest ages of the world, absolute monarchy seems to have been the universal form of government. Kings, and a few of their great counselors and captains, exercised a cruel tyranny over the people. . . .” Rulers mostly governed through fear – there were no citizens, only subjects beholden to the ruler. Such government still exists – Vietnam, Libya, North Korea, and Cuba are just a few examples where oppressive regimes continue to rule the people by the barrel of a gun.

The Founding Fathers, however, believed that the rule of law is a fundamental First Principle of a free and just government. John Adams explained the Founders’ understanding when he wrote that good government and the very definition of a republic “is an empire of laws.”

In America, the government governs the citizenry according to the law, not by the whims or fancies of our leaders. By requiring our leaders to enact and publish the law, and to adhere to the same law that applies to each citizen, the rule of law acts as a potent barrier against tyrannical and arbitrary government.

The rule of law also requires that the same law govern all citizens. Founding Father Samuel Adams observed that the rule of law means that “There shall be one rule of Justice for the rich and the poor; for the favorite in Court, and the Countryman at the Plough.”

By requiring both the government and the people to adhere to the law, the rule of law serves as the foundational First Principle for protecting our liberty.

MARBURY V. MADISON

Perhaps the most important decision ever issued by the United States Supreme Court, Marbury v Madison addressed the issue of whether an act passed by Congress in conflict with the Constitution was valid. Ironically, the law at issue granted the United States Supreme Court original jurisdiction to hear a case (a writ of mandamus) brought by a judge who had been appointed by the prior President (John Adams) but who the current President (Thomas Jefferson) refused to provide the necessary paperwork to be seated. In an opinion written by Jefferson’s distant cousin - and nemesis - the Supreme Court found that the law granting them the authority to the hear the case to be unconstitutional and dismissed the case. 

Chief Justice John Marshall first explained that “The government of the United States has been emphatically termed a government of laws, and not of men.” 

Marshall also explained that under the doctrine of separation of powers and the inherent judicial power of the Supreme Court, that the Supreme Court would be the final arbitrator of what the law means:

It is emphatically the province and the 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. . . This is the very essence of judicial duty.

Because the Constitution was the paramount law of the land ratified by the people, Marshall found that Congress could not alter it through mere legislation: “It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.” Marshall continued, “Between these alternatives there is no middle ground. The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.” 

Those who oppose judicial review, Marshall explained, “would subvert the very foundation of all written constitutions.” Such a theory “reduces to nothing what we deemed the greatest improvement on political institutions, a written constitution...” 

“Thus,” Marshall continued, “the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.” 

Marbury v Madison established the bedrock principles that the Constitution would govern the affairs of the government of the America, and that the Supreme Court would be the guardian of the supreme law of the land.

FOUNDING FATHER JOHN MARSHALL

Chief Justice John Marshall began his public service as a soldier in the Continental Army fighting the British during the American Revolution. He served a leading role in the Virginia Constitutional Convention that approved the Constitution. He served for a short period as Secretary of State under Adams, who then appointed him to be Chief Justice of the United States Supreme Court. 

Marshall took hold of what had up to then been a relatively modest institution and transformed the Supreme Court into the guardian of the Constitution and the rule of law. 

BETSEY ROSS FLAG

Legend - in hot dispute - holds that In May of 1776, on behalf of the Continental Congress, George Washington, Robert Morris, and George Ross met secretly with Betsy Ross and asked her to sew the first official flag of America. George Ross was the uncle of Betsy’s late husband; and according to lore Betsy also attended the same church as Washington. 

There is no doubt, however, that on June 14, 1777 (now Flag Day), the Continental Congress, adopted the national flag through the following resolution: "Resolved: that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation." 

The origin of the design and the reasons for the colors remain in hot dispute. However, Secretary of the Congress Charles Thompson wrote in connection with the Seal of our Nation that

"The colors of the pales (the vertical stripes on the shield of the eagle) are those used in the flag of the United States of America; 

WHITE signifies purity and innocence, 

RED, hardiness & valour, and 

BLUE, the color of the Chief (the blue band at the top of the shield) signifies vigilance, perseverance & Justice."

Learn more about America and Patriot Week, and renew the American Spirit, visit www.PatriotWeek.org, Facebook, Twitter, or contact Judge Michael Warren at patriotweek@gmail.com.

9/11: PATRIOT WEEK DAILY READING

SEPTEMBER 11:  PATRIOT WEEK OVERVIEW

On September 11, Patriot Week recognizes the First Principle of Revolution (i.e., the right to alter or abolish an oppressive government); Founding Fathers Thomas Paine, Patrick Henry, and John Adams; the key document of the Declaration of Independence, and the historical Bennington (’76 Flag).

FIRST PRINCIPLE: REVOLUTION

Our Declaration of Independence recognizes the right of the people to alter or abolish an oppressive government when it declares that “whenever any Form of Government” becomes destructive to protecting the unalienable rights of men, “it is the right of the people to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its power in such form, as to them shall seem most likely to effect their Safety and Happiness.” 

Indeed, after suffering the cruel tyrannical actions of the British Empire such as as taxation with representation, suppression of the right to the jury, quartering of troops, military occupation, and the closure of legislative assemblies, the Founding Fathers determined that they must declare independence. 

Patrick Henry eloquently explained that “If we wish to be free – if we mean to preserve inviolate those inestimable privileges for which we have been so long contending – if we mean not basely to abandon the noble struggle in which we have so long engaged . . . we must fight! . . . What is it that gentlemen wish? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but for me, give me liberty, or give me death!” 

Later, Henry could rightly declare that America rebelled for “the holy cause of liberty.” 

The Declaration of Independence crystalized our Founding Fathers understanding of the proper role of government when it declared that governments are instituted to protect the unalienable rights of men, and “That whenever any Form of Government becomes destructive to these ends, it is the right of the people to alter or abolish it, and to institute a 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.” 

Thus, recognizing that in the end the people are responsible for maintaining their freedom, the Declaration of Independence and the Founding Fathers recognized that if a government oppresses the people through a “long train of abuses and usurpations,” that “it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” 

THE DECLARATION OF INDEPENDENCE

The Declaration of Independence recognized the right of the people to alter or abolish an oppressive government.  The Founders’ sentiments are so eloquently expressed that it is best to let the Declaration speak for itself.

“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 to 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; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.   

“But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. -Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. . . . 

"In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.  

"Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. "We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor."

FOUNDING FATHERS THOMAS PAINE, PATRICK HENRY, AND JOHN ADAMS

PATRICK HENRY

Born on May 29, 1736 in Hanover County, Virginia, Henry was a former storekeeper, turned lawyer and political leader. He led colonial resistance to British oppression as early as 1763. 

Thomas Jefferson gave Henry credit for setting “the ball of the revolution” in motion. On March 23, 1775, Henry solidified the cause of independence before the House of Burgesses. He exclaimed:

"If we wish to be free – if we mean to preserve inviolate those inestimable privileges for which we have been so long contending – if we mean not basely to abandon the noble struggle in which we have so long engaged... we must fight! It is in vain, sir, to extenuate the matter, Gentlemen may cry, Peace, peace – but there is no peace... Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but for me, give me liberty, or   give me death!"

Although the Constitution was ratified over his objections, his opposition to the original Constitution - along with many others - led to the quick ratification of the Bill of Rights. 

THOMAS PAINE

Through his unparalleled powerful pamphlets Common Sense and The Crisis, Thomas Paine played a critical role in sparking and supporting the American Revolution.  Born in Thetford, England on January 29, 1737, Paine’s eclectic background before the American Revolution included, among other things, careers as a corset maker, merchant seaman, supernumerary officer, excise officer, stay-maker, school teacher, and inventor. 

He penned Common Sense (1776), which more than any other tract, gave voice to the reasons why the time had come for America to declare independence from the British Empire. Within three months, over 120,000 copies of Common Sense were distributed in colonial America, and Paine’s work became the largest selling book (other than the Bible) in the century. Common Sense in large measure swayed public opinion in favor of independence. 

During the difficult days of the Revolutionary War, Paine wrote The Crisis (1776-1777), which helped solidify patriotic support for the war effort.

JOHN ADAMS

Born in Massachusetts Bay Colony in 1736, Adams was the son of a modest preacher. 

During the revolutionary era, he challenged British oppression in Boston. He served in the First and Second Continental Congress. He also, however, successfully defended several of the British soldiers who were accused of murder in the Boston Massacre. 

Fellow Founding Father Benjamin Rush wrote that “Every member of Congress in 1776 acknowledged him to be the first man in the House. Dr Brownson (of Georgia) used to say that when he spoke, he fancied an angel was let down from heaven to illuminate the Congress.” Adams’ forceful and well reasoned arguments led the colonists to declare independence. 

After the adoption of the Declaration of Independence, he was sent to France and Holland, and aided in negotiating the peace treaty with England. After the American Revolution, he served as minister to the Court of St James in England. After his return he was elected as Vice President under George Washington. 

After Washington voluntarily retired after two terms as President, Adams was elected the second President of the United States. In 1800, he lost his bid for re-election to his political rival Thomas Jefferson. 

HISTORICAL BENNINGTON FLAG

The Bennington (’76) Flag  was marched into battle during the Revolution in 1777 around Bennington Vermont.  It has long stood as a symbol of American freedom and liberty.

Learn more about America and Patriot Week, and renew the American Spirit, visit www.PatriotWeek.org, Facebook, Twitter, or contact Judge Michael Warren at patriotweek@gmail.com

Patriot Week Celebrates the Best of America

Please check out my most recent Patriot Week article in the Oakland Press.  God Bless the USA!

American Patriotism is Beyond Loving the Soil, It is Loving Our First Principles

Noah Webster's An American Dictionary of the English Language from 1828 defines patriotism as follows: n. Love of one's country; the passion which aims to serve one's country, either in defending it from invasion, or protecting its rights and maintaining its laws and institutions in vigor and purity. Patriotism is the characteristic of a good citizen, the noblest passion that animates a man in the character of a citizen. 


Merriam-Webster's Collegiate Dictionary 11th Edition from 2004 defines patriotism as: n. Love for or devotion to one's country.

[Credit to Tara Russo for finding these definitions!]

Interestingly, the definition of Noah Webster - who was a true Patriot - has a much deeper and richer meaning.  It is beyond loving the soil.  It is loving and understanding our Founding First Principles articulated in the Declaration of Independence and embedded in our Constitution.  The modern day version of Patriotism, like so much of society, completely ignores the deeper meaning.  And with its passing, we lose what it means to be an American.  That's why we need Patriot Week..

We hold the fate of America

We hold the fate of America

On the eve of his inauguration, Abraham Lincoln addressed Governor Oliver Morton and the citizens of Indiana with these telling words:

In all the trying positions in which I shall be placed, and doubtless I shall be placed in many trying ones, my reliance will be placed upon you and the people of the United States - and I wish you to remember now and forever, that it is your business, and not mine; that if the union of these States, and the liberties of this people, shall be lost, it is but little to any one man of fifty-two years of age, but a great deal to the thirty millions of people who inhabit these United States, and to their posterity in all coming time. It is your business to rise up and preserve the Union and liberty, for yourselves, and not for me. I desire that they shall be constitutionally preserved.

What say today's political class to this? It does not matter, what matters, as Lincoln remarked, is what we say - and do.

For more on Lincoln and our future, visit Patriot Week and America's Survival Guide.

America: Blessed by God

George Washington perceptively commented in his First Inaugural Address:

"No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency..." 

Those that really know American history, no that this was no idle observation.