"A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives."
James Madison Letter to W. T. Barry, on education, August 4, 1822 (National Archives)
"A rule of law contained in the Constitution prevails over any act, policy, or practice of government inconsistent with that Constitutional rule. But who properly has the power to interpret and apply the Constitution? The text of the Constitution simply does not say."
Paulsen, Calabresi, McConnell and Bray, "The Constitution of the United States"
Thomson Reuters/Foundation Press, New York, NY; 2010, (with legal disclaimer).
It's Ours to Interpret from The Federalist Papers...
A Spy Satellite System Cold Warrior's 5-year study and examination of The Federalist Papers of Alexander Hamilton, James Madison, and John Jay to help us understand the Systems put in place by our Constitution to Protect and Prosper us.
A Course: PRODUCTIVE THINKING for a SPACE RACE and a PERFECT CONSTITUTION
Preface/Introduction: Productive THINKING for a Perfect CONSTITUTION
I. CONCEPT MODELS for Our CONSTITUTION – James Madison
II. FUNCTIONAL MODEL of Our SYSTEM of GOVERNMENT
President George Washington’s Farewell Address (1796)
– The SYSTEM of GOVERNMENT and FINANCE in OPERATION, 1791
III. The 1913 COUP D’ÉTAT to the PRESENT
RULES of CONSTRUCTION, INTERPRETATION, and UNIFORMITY
Our BRITISH COLONIAL System since 1913 BREAKS All the RULES
Exhibit A: Manufacturing Data: JOBS and WAGES LOST 1977-2017; NAFTA
Exhibit B: MONETARY POLICY and The FEDERAL RESERVE BANK
IV. The Power of System Thinking and Our Constitution
V. The CONSTITUTION POWER SERIES Meets State Government Laws, S.C. ACT 26 of 2021
A Summary of Our First President George Washington’s Farewell Address (1796) in Section II. (Transcript from U.S. National Archives and Records Administration 700 Pennsylvania Avenue NW, Washington, DC 20408, March 4, 2021)
The Value of “the whole” Union of States "…that your union may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained; that its administration in every department may be with wisdom and virtue..."
The Union – A System Greater Than Its Parts "The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize...
Avoid the necessity of those overgrown military establishments which, under any form of government, are …particularly hostile to republican liberty. …your union ought to be considered as a main prop of your liberty …a proper organization of the whole with agency of governments for respective subdivisions."
The Nature of Political Parties is to be Hostile to Republican Liberty
"One of the expedients of party to acquire influence within particular districts is to misrepresent the opinions and aims of other districts. …A government for the whole is indispensable. No alliance, however strict, between the parts can be an adequate substitute…"
Changing the Constitution Requires “an explicit and authentic act of the whole people”
"The Constitution …exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown."
Political Parties are Enemy #1 to the Preservation and Energy of Popular Government
"...in the course of time and things, [Parties] become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.. The baneful effects of the spirit of party in those of the popular form, is seen in its greatest rankness, and is truly their worst enemy.
"The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism; the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.…It opens the door to foreign influence and corruption."
Checks and Balances
"There is an opinion that parties in free countries are useful checks upon the administration of the government and serve to keep alive the spirit of liberty. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged."
Separation of Powers
"The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public [well being] against invasions by the others, …To preserve them must be as necessary as to institute them. …But let there be no change by usurpation (unlawful seizure of Power); …it is the customary weapon by which free governments are destroyed."
Virtue and Education
"Virtue or morality is a necessary spring of popular government. …Promote as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened."
"The execution of these maxims belongs to your representatives, but it is necessary that public opinion should co-operate.
"The selection of the proper objects ought to be a decisive motive for a candid construction of the conduct of the government in the measures for obtaining revenue."
Proper Treatment of All Nations
"Against the insidious wiles of foreign influence, the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial…"
The GREAT RULE of CONDUCT in COMMERCE with FOREIGN NATIONS
"The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith.
"Here let us stop. Europe has a set of primary interests which to us have none or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties [to] her politics, or the ordinary combinations and collisions of her friendships or enmities.
"Our detached and distant situation invites and enables us to pursue a different course. …Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or caprice?
It is our true policy to steer clear of permanent alliances with any portion of the foreign world."
Our Republic as the Constitutional Convention Defined It, James Madison Federalist No. 39, The Conformity of the Plan to Republican Principles:
1. A republic is defined as “a government that derives all its powers directly or indirectly from the great body of the people.”
2. Republican government must be "derived from the great body of our society, not from either an inappropriate or favored class of people." (Alexander Hamilton’s ideal: the “merchant class.”)
3. Persons administering Republican government must be appointed either directly or indirectly by the people; and serve for limited terms.
4. A Republic reflects the constitutions of every State in the Union. Highest offices, like the President, and members of Congress serve for limited terms.
5. Comparing our Constitution with these standards, the great body of the people elects the House of Representatives immediately. The Senate derives its appointment indirectly from the people.
6. The most decisive proof of a republican “system is the absolute prohibition of titles of nobility under both federal and the State governments, and express guaranty of a republican form” for each of them.
7. The FEDERAL UNION is a CONFEDERACY of Sovereign States NOT a NATIONAL CONSOLIDATION of those States.
Definitions of FRAUD:
An intentional (when one knows the truth) or reckless (without justified belief in the truth) concealment or misrepresentation of material fact made to induce another to act to his or her detriment...
"An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury." [Brainerd Dispatch Newspaper Co. v. Crow Wing County, 196 Minn. 194, 264 N.W. 779, 780.]
"Any kind of artifice employed by one person to deceive another." [Goldstein v. Equitable Life Assur. Soc. of U. S., 160 Misc. 364, 289 N.Y.S. 1064, 1067.]
"A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated." [Johnson v. McDonald, 170 Okl117, 39 P.2d 150.]
""Bad faith" and "fraud" are synonymous, and also synonyms of dishonesty, infidelity, faithlessness, perfidy, unfairness, etc." [Joiner V. Joiner, Tex.Civ.App., 87 S.W. 2d 903, 914, 915.]
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About this Series: Founders and T.E.A.M. Courses are not legal courses or prepared by lawyers or those schooled in Constitutional law; they are about our Constitution's System of Government and Finance, a topic of many Federalist Papers, but not with members of Congress. The meaning of "systems" is not constrained to technology as The Federalist Papers plainly state 136 times the word is used. Sources and authorities are in the Series of Courses. The Federalist Papers permit us to construct our country's founders' and Constitutional framers' view and thinking regarding the Constitution based on the Papers' "structure or internal logic."
About The Federalist Papers: 85 Federalist essays were written in 1787/8 by Alexander Hamilton (1st Treasury Secretary and founder of the 1st Bank of the U.S.); James Madison (one of 1st U.S. Representatives from VA, 4th U.S. President, father of the Constitution); and John Jay (1st Supreme Court Chief Justice and Governor of New York). This is a course about Federalist Papers in regard to the System of Government and Finance they created; not a legal course, nor is it prepared by anyone in the legal profession. Our Country is like a giant Fortune 500 company; that experience is reflected here.
The Constitution Power Series of Courses incorporate five "system of government" themes from The Federalist Papers: 1. The "System of Finance: Revenue and Taxation to protect and prosper us; 2. Popular Sovereignty and the Federal Republic; 3.Our Agency and Trust of limited Federal enumerated Powers; The System of Government and Finance: 4. Separation of Powers by permanent Vesting Clauses and 5. Legislative Balances and Checks of the guaranteed System.
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