. They believed to default about this is to betray. (emphasis the author's)

- The Author, from his Note About the Book

(To read the following three articles click on "Visit Author's Website")

Author's Introduction and Information regarding the Author

Commendations of the book appearing on the original cover

Author's extensive introductory quotes on the subjects being discussed.

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Part I: Twelve Basic American Principles:

Author's Prefatory Note regarding the Principles

1. The Spiritual is Supreme

2. Fear of Government-over-Man

3. Unalienable Rights--From God

4. Man Organizes Governments to Be His Tools

5. Limited Government

6. Decentralized Government

7. Equal, By God's Gift, In Sight of God and Law

8. Life and the Pursuit of Happiness

9. Liberty--Against Government-over-Man

10. Private Property--Liberty's Support

11. Taxes--Limited to Safeguard Liberty

12. The Majority--Limited for Liberty

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(To read the following Part II and Part III click on "Visit Author's Website")

Part II: Some Aspects of the Traditional American Philosophy

Author's Preliminary Comment

The Traditional American Philosophy--A Definite, Unique, American Philosophy of Government Does Exist--Composed of a Set of Specific, Fundamental, Traditional Principles

The Two Revolutions of 1776--for Individual Liberty and for Independence

Evolution a Main Part of the Revolution

Uniqueness of the Twin Revolution

Magna Carta's King-granted Rights

Understanding the American Heritage

Comments About A Few of the Sources Consulted Regarding Definition of the American Principles

"The Federalist"--A Rich Source of Sound Knowledge

An Important Distinction: Democracy versus Republic

The Planning in 1776-1788--That the New Government Be a Republic

The Federated System of Republics in America

Representative Government--a Chief Characteristic of a Republic

Limited Government in Relation to the "Bill of Rights" (or Prohibitions)

Limited Government In Relation to Some Fields of Power Prohibited to the Federal Government

Limited Government in Relation to The Constitution's Treaty Clause

Limited Government in Relation to the Role of the Supreme Court

Limited Government under the Constitution in Relation to Religious Considerations Which the Declaration of Independence Makes Express

Limited Government and Individual Enterprise and the Profit Motive--Soundness Ethically, Morally, Socially and Otherwise

Concluding Comment as to Background Material

Part III: All Honor to the Founders

Respect Due The Founders

Refutation of the Charge That The Framers Perpetrated a Coup d'etat

The Founders' Concept of "Property"--Embracing All Rights--Not Merely Things Material

The Just Heritage of Posterity Always Uppermost in The Founders' Minds

Samuel Adams' Warning

A 1765 Call to Action--"Educate Young and Old: For Liberty"--As Timely Today as When Originally Made

--------(End of Primary Sections)--------

Author's Additional Comment Regarding Charles A. Beard's 1913 Book

The Supreme Court's Ruling in the 1905 South Carolina Case: The Original Meaning is Controlling

Brief Biographical Notes

A Few of the Writings Repeatedly Quoted (list from the book)

Author Finder - Not functional until page numbers are translated to hypertext links.

Acknowledgements - Includes additional copyright information.

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1. The Spiritual is Supreme

". . . all men are created . . . endowed by their Creator . . ." (Declaration of Independence)

The Principle

1. The fundamental principle underlying the traditional American philosophy is that the Spiritual is supreme--that Man is of Divine origin and his spiritual, or religious, nature is of supreme value and importance compared with things material.

Religious Nature

2. This governmental philosophy is, therefore, essentially religious in nature. It is uniquely American; no other people in all history have ever made this principle the basis of their governmental philosophy. The spiritual brotherhood of men under the common fatherhood of God is a concept which is basic to this American philosophy. It expresses the spiritual relationship of God to Man and, in the light thereof, of Man to Man. To forget these truths is a most heinous offense against the spirit of traditional America because the greatest sin is the lost consciousness of sin.

The fundamentally religious basis of this philosophy is the foundation of its moral code, which contemplates The Individual's moral duty as being created by God's Law: the Natural Law. The Individual's duty requires obedience to this Higher Law; while knowledge of this duty comes from conscience, which the religious-minded and morally-aware Individual feels duty-bound to heed. This philosophy asserts that there are moral absolutes: truths, such as those mentioned above, which are binding upon all Individuals at all times under all circumstances. This indicates some of the spiritual and moral values which are inherent in its concept of Individual Liberty-Responsibility.

An Indivisible Whole

3. The American philosophy, based upon this principle, is an indivisible whole and must be accepted or rejected as such. It cannot be treated piece-meal. Its fundamentals and its implicit meanings and obligations must be accepted together with its benefits.

The Individual's Self-respect

4. The concept of Man's spiritual nature, and the resulting concept of the supreme dignity and value of each Individual, provide the fundamental basis for each Individual's self-respect and the consequent mutual respect among Individual's. This self-respect as well as this mutual respect are the outgrowth of, and evidenced by, The Individual's maintenance of his God-given, unalienable rights. They are maintained by requiring that government and other Individuals respect them, as well as by his dedication to his own unceasing growth toward realization of his highest potential--spiritually, morally, intellectually, in every aspect of life. This is in order that he may merit maximum respect by self and by others.

Some Things Excluded

5. This concept of Man's spiritual nature excludes any idea of intrusion by government into this Man-to-Man spiritual relationship. It excludes the anti-moral precept that the end justifies the means and the related idea that the means can be separated from the end when judging them morally. This concept therefore excludes necessarily any idea of attempting to do good by force--for instance, through coercion of Man by Government, whether or not claimed to be for his own good or for the so-called common good or general welfare.

It excludes disbelief in--even doubt as to the existence of--God as the Creator of Man: and therefore excludes all ideas, theories and schools of thought--however ethical and lofty in intentions--which reject affirmative and positive belief in God as Man's Creator.

The Truly American Concept

6. Only those ideas, programs and practices, regarding things governmental, which are consistent with the concept that "The Spiritual is supreme" can justly be claimed to be truly American traditionally. Anything and everything governmental, which is in conflict with this concept, is non-American--judged by traditional belief.

This applies particularly to that which is agnostic, or atheistic--neutral about, or hostile to, positive and affirmative belief in this concept based upon belief in God as Man's Creator. There is not room for doubt, much less disbelief, in this regard from the standpoint of the traditional American philosophy. Its indivisible nature makes this inescapably true. This pertains, of course, to the realm of ideas and not to any person; it is the conflicting idea which is classified as non-American, according to this philosophy.

America a Haven For All Religions

7. The traditional American philosophy teaches that belief in God is the fundamental link which unites the adherents of all religions in a spiritual brotherhood. This philosophy allows for no differentiation between them in this unifying conviction: ". . . all men are created . . . endowed by their Creator . . ." This philosophy is all inclusive as to believers in God. Although America was originally colonized predominantly by adherents of the Christian religion, and principally by Protestants, the Founding Fathers steadfastly conformed to this all-embracing character of the approach of the American philosophy to religion. This was expressly and affirmatively indicated in the proclamation of 1776 of the fundamental American philosophy, of its basic principles, in the Declaration of Independence. This was further indicated, negatively, in 1787-1788 by the Framers and Ratifiers of the Constitution--as a "blueprint" for the structure of the then proposed Federal government, with strictly limited powers--by not permitting it to possess any power with regard to religion. This implied prohibition against the Federal government was reinforced by the addition of the First Amendment expressly prohibiting it, through the Congress, from making any law "respecting an establishment of religion, or prohibiting the free exercise thereof . . ."--the words "an establishment of religion" being intended to mean, specifically and only, a church or religious organization which is established, supported and preferred by the government, like the Church of England establishments then existing in some of the States.

The Conclusion

8. Belief in Man's Divine origin is the foundation of the fundamental American principle which controls his relationship to government: that Man--The Individual--is of supreme dignity and value because of his spiritual nature.

Quotes from The American Ideal of 1776 supporting this Principle.

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2. Fear of Government-over-Man

"In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution" - Thomas Jefferson (Kentucky Resolutions)

The Principle

1. A main principle of the traditional American philosophy is expressed in the phrase: fear of Government-over-Man.

Cause of Fear

2. This fear is due to the ever-present, never-changing weaknesses of human nature in government which are conducive to "love of power and proneness to abuse it," as Washington's Farewell Address warned. This means public officials' human weaknesses, especially as aggravated by the corresponding weaknesses among the self-governing people themselves. It is a truism that government's power needs only to exist to be feared--to be dominant, over the fear-ridden, without ever needing to be exercised aggressively.

Man--Good and Evil, Mixed

3. This philosophy asserts that human nature is a mixture of good and evil, of strength and weakness, and is not perfectible during life on earth. There is "a portion of virtue and honor among Mankind" and the better side of Man, the Individual, can be strengthened and made more dependable through spiritual growth. The resulting moral development is conducive to sound conduct, in keeping with conscience in the light of a personal moral code based upon religious-moral considerations. Yet history teaches that the previously mentioned weaknesses of human nature provide just cause for never-ceasing fear of Government-over-Man.

Government Like a Fire

4. Americans of the period 1776-1787 firmly believed in the soundness of the accepted maxim that "government is like a fire: a dangerous servant and a fearful master;" that, to be useful, it must be strictly controlled for safety against its getting out of hand and doing great harm. Through the generations, the people have considered that this maxim expresses one of history's most profoundly important lessons for Free Man. This maxim is based upon the knowledge that, in last analysis, government is force and must be feared and controlled accordingly. The great fear in 1787-1788 of the new, central government under the proposed Constitution was evidenced by the fact that the State Ratifying Conventions proposed scores of amendments, designed chiefly to keep under more rigid control what they considered to be this potential monster of power so dangerous to their liberties: the central, or Federal, government.

The Views of Jefferson and Madison and the Kentucky and Virginia Resolutions

5. This fear was of abuse by government of power granted to it by the people, as well as of usurpation by it of power denied or prohibited to it by them, through the Constitution, to the injury if not doom of their liberties--of the God-given, unalienable rights of The Individual. Jefferson merely voiced the lesson of history--well known to, and accepted by, his fellow Americans--when he stated, in the "Diffusion of Knowledge" Bill in 1779, in the Virginia legislature:

". . . experience hath shewn, that even under the best forms [of government], those entrusted with power have, in time, and by slow operations, perverted it into tyranny . . ."

Jefferson also expressed this traditional, American viewpoint in his famous writing known as the Kentucky Resolutions, as adopted in 1798 by the Kentucky legislature, in these words in part:

". . . it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism: free government is founded in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which and no further our confidence may go; . . . In questions of power then let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

These Kentucky Resolutions are closely akin to the contemporaneous Virginia Resolutions of 1798 adopted soon afterward by the Virginia legislature--written mainly by Madison who was, as usual, in close touch with Jefferson in this period. Both sets of resolutions were protests against what were considered and denounced as abuses and usurpations of power by the Federal government--chiefly through the Alien and Sedition Laws adopted by Congress in 1798. Such protests by a State legislature were in keeping with the remedies available to the States in such a situation - remedies contemplated by The Framers as being within the constitutional system--as discussed, for example, by Madison in 1788 in The Federalist number 46. The Sedition Act was designed to restrict freedom of speech and of the Press so as to stifle criticism of Federal officials and therefore grossly violated the Constitution; and it was opposed, for example, by John Marshall, as a member of Congress, and by Alexander Hamilton--the latter stating: "Let us not establish a tyranny." (These laws soon disappeared from the statute books, due to their widespread unpopularity which the above-mentioned 1798 resolutions had helped initially to foster.)

Precedents for Other States' Protests Such As The Hartford Convention Resolutions

6. These 1798 protests by the Kentucky and Virginia legislatures were not the first such development in the life of the Republic. A predecessor resolution of protest, for example, had been adopted by the Virginia legislature in 1790: the "Protest and Remonstrance" against the assumption by the Federal government of the war-incurred debts of the States, as being unconstitutional. This protest set a precedent for the above-mentioned 1798 resolutions. They, in turn, set precedents for similar resolutions of protest adopted by various States--in New England, the North, the Mid-west as well as in the South--during the following decades when they considered themselves to be victimized, potentially or actually, by either abuses or usurpations of power by the Federal government; such developments being the subject of comment, for example, by former President John Quincy Adams in his celebrated "Jubilee" address of April 30, 1839. (Some of these later resolutions even relied on the Virginia Resolutions of 1798 as a precedent.) An example is the set of resolutions adopted in 1815, during the war with England, by the Hartford Convention--representing Massachusetts, Connecticut, Rhode Island, Vermont, and New Hampshire--protesting against what were considered to be Federal usurpations, potential or actual, regarding use of the States' Militia in war operations and other national defense matters.

The View of Patrick Henry

7. In the Virginia Ratifying Convention in 1788, Patrick Henry protested with vehemence against the proposed new Constitution's lack of adequate limits on the central government's power, lack of sufficient safeguards against governmental abuses due to human weaknesses among its officials, saying:

"Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty! I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt." [Click here to read entire speech - LEXREX]

The American People's View Also Expressed in the Pittsfield Petition of 1776

8. These quoted sentiments were accepted as maxims by American leaders in general and by the American people as a whole in that generation of Free Men--free in spirit and willing to fight and die for their Freedom from Government-over-Man. This acceptance is illustrated by the below-quoted words of the Pittsfield, Massachusetts, town-meeting petition of a decade earlier, in May, 1776. It was penned by the Reverend Thomas Allen, ardent friend of American Independence and of Man's Liberty against Government-over-Man. It stated why Massachusetts needed a new, basic law of the people, a Constitution to be adopted by the people only, in part as follows:

"That knowing the strong bias of human nature to tyranny and despotism, we have nothing else in view but to provide for posterity against the wanton exercise of power, which cannot otherwise be done than by the formation of a fundamental constitution."

This petition reflected the sentiments of the frontier, "backwoods" people of Berkshire County, led by this patriot as head of "The Berkshire Constitutionalists," over a decade before the 1787 Federal Convention framed the United States Constitution. These were truly the sentiments of the American people at large. They are in harmony with the later phrasing of this idea as follows in The Federalist (number 55, by Madison):

"As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust: So there are other qualities in human nature, which justify a certain portion of esteem and confidence."

Never-changing Weaknesses of Human Nature Create Never-changing Need for Safeguards

9. The never-changing need for, and value of, constitutional safeguards against abuse, or usurpation, of power by public servants--as contemplated, and as provided for, by The Framers and Adopters of the Constitution in 1787-1788 and by those who proposed, framed and adopted the first ten Amendments (including the Bill of Rights made applicable against the Federal, or central, government only)--are due to the never-changing weaknesses of human nature in government and among the self-governing people. These weaknesses never change; therefore the need for these safeguards can never change.

The Conclusion

10. Fear of Government-over-Man was the dominant fear in that day of uncompromisingly individualistic Americans--Free Men, ever jealous of the safety of Individual Liberty, of the security of their God-given, unalienable rights against violation by government.

Quotes from The American Ideal of 1776 supporting this Principle.

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3. Unalienable Rights - From God

". . . endowed by their Creator with certain unalienable rights . . ." (Declaration of Independence)

The Principle

1. The traditional American philosophy teaches that Man, The Individual, is endowed at birth with rights which are unalienable because given by his Creator.

The Only Moral Basis

2. This governmental philosophy is uniquely American. The concept of Man's rights being unalienable is based solely upon the belief in their Divine origin. Lacking this belief, there is no moral basis for any claim that they are unalienable or for any claim to the great benefits flowing from this concept. God-given rights are sometimes called Natural Rights--those possessed by Man under the Laws of Nature, meaning under the laws of God's creation and therefore by gift of God. Man has no power to alienate--to dispose of, by surrender, barter or gift--his God-given rights, according to the American philosophy. This is the meaning of "unalienable."

One underlying consideration is that for every such right there is a correlative, inseparable duty--for every aspect of freedom there is a corresponding responsibility; so that it is always Right-Duty and Freedom-Responsibility, or Liberty-Responsibility. There is a duty, or responsibility, to God as the giver of these unalienable rights: a moral duty--to keep secure and use soundly these gifts, with due respect for the equal rights of others and for the right of Posterity to their just heritage of liberty. Since this moral duty cannot be surrendered, bartered, given away, abandoned, delegated or otherwise alienated, so is the inseparable right likewise unalienable. This concept of rights being unalienable is thus dependent upon belief in God as the giver. This indicates the basis and the soundness of Jefferson's statement (1796 letter to John Adams): "If ever the morals of a people could be made the basis of their own government it is our case . . ."

Right, Reason, and Capacity to Be Self-governing

3. For the security and enjoyment by Man of his Divinely created rights, it follows implicitly that Man is endowed by his Creator not only with the right to be self-governing but also with the capacity to reason and, therefore, with the capacity to be self-governing. This is implicit in the philosophy proclaimed in the Declaration of Independence. Otherwise, Man's unalienable rights would be of little or no use or benefit to him. Faith in Man--in his capacity to be self-governing--is thus related to faith in God as his Creator, as the giver of these unalienable rights and this capacity.

Rights--as Prohibitions Against Government

4. Certain specific rights of The Individual are protected in the original Constitution but this is by way of statements "in reverse"--by way of express prohibitions against government. The word "right" does not appear in the original instrument. This is because it was designed to express the grant by the people of specific, limited powers to the central government--created by them through this basic law--as well as certain specific limitations on its powers, and on the preexisting powers of the State governments, expressed as prohibitions of things forbidden. Every provision in it pertains to power.

The Constitution's first eight (Bill of Rights) amendments list certain rights of The Individual and prohibit the doing of certain things by the central, or Federal, government which, if done, would violate these rights. These amendments were intended by their Framers and Adopters merely to make express a few of the already-existing, implied prohibitions against the Federal government only--supplementing the prohibitions previously specified expressly in the original Constitution and supplementing and confirming its general, over-all, implied, prohibition as to all things concerning which it withheld power from this government. Merely confirming expressly some of the already-existing, implied prohibitions, these amendments did not create any new ones. They are, therefore, more properly referred to as a partial list of limitations--or a partial Bill of Prohibitions--as was indicated by Hamilton in The Federalist number 84. This hinges upon the uniquely American concepts stated in the Declaration of Independence: that Men, created of God, in turn create their governments and grant to them only "just" (limited) powers--primarily to make and keep secure their God-given, unalienable rights including, in part, the right to Life, Liberty and the pursuit of Happiness. As Hamilton stated, under the American philosophy and system of constitutionally limited government, "the people surrender nothing;" instead, they merely delegate to government--to public servants as public trustees--limited powers and therefore, he added, "they have no need of particular reservations" (in a Bill of Rights). This is the basic reason why the Framing Convention omitted from the Constitution anything in the nature of a separate Bill of Rights, as being unnecessary.

An Endless List of Rights

5. To attempt to name all of these rights--starting with "Life, Liberty and the pursuit of Happiness" mentioned in the Declaration of Independence--would be to start an endless list which would add up to the whole of Man's Freedom (Freedom from Government-over-Man). They would add up to the entirety of Individual Liberty (Liberty against Government-over-Man). Innumerable rights of The Individual are embraced in the Ninth Amendment, which states: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." (Here "Constitution" includes the amendments.) Some idea of how vast the list would be is indicated by just one general freedom which leads into almost all of Free Man's activities of daily living throughout life: freedom of choice. This term stands for the right to do--and equally not to do--this or that, as conscience, whim or judgement, taste or desire, of The Individual may prompt from moment to moment, day by day, for as long as life lasts; but always, of course, with due regard for the equal rights of others and for the just laws expressive of the above-mentioned "just powers" of government designed to help safeguard the equal rights of all Individuals. Spelled out in detail, this single freedom--freedom of choice--is almost all-embracing.

Right To Be Let Alone

6. In one sense, such freedom to choose involves Man's right to be let alone, which is possessed by The Individual in keeping with the Declaration and Constitution as against government: in enjoyment of his unalienable rights, while respecting the equal rights of others and just laws (as defined in Paragraph 5 above). This right to be let alone is the most comprehensive of rights and the right of most prized by civilized men. This right is, of course, also possessed as against all other Individuals, all obligated to act strictly within the limits of their own equal rights. Consequently any infringement of any Individual's rights is precluded.

Rights Inviolable by Government or by Others

7. Neither government nor any Individuals--acting singly, or in groups, or in organizations--could possibly possess any "just power" (to use again the significant term of the Declaration) to violate any Individual's God-given, unalienable rights or the supporting rights. No government can abolish or destroy--nor can it rightfully, or constitutionally, violate--Man's God-given rights. Government cannot justly interfere with Man's deserved enjoyment of any of these rights. No public official, nor all such officials combined, could possibly have any such power morally. Government can, to be sure, unjustly and unconstitutionally interfere by force with the deserved enjoyment of Man's unalienable rights. It is, however, completely powerless to abolish or destroy them. It is in defense of these rights of all Individuals, in last analysis, that the self-governing people--acting in accordance with, and in support of, the Constitution--oppose any and all violators, whether public officials or usurpers, or others (par. 9 below).

Each Individual Consents to Some Limitations

8. In creating governments as their tools, or instruments, and equally in continuing to maintain them--for the purpose primarily of making and keeping their unalienable rights--all Individuals composing the self-governing people impliedly and in effect consent to some degree of limitation of their freedom to exercise some of their rights. This does not involve the surrender, or the alienation, of any of these rights but only the partial, conditional and limited relinquishment of freedom to exercise a few of them and solely for the purpose of insuring the greater security and enjoyment of all of them; and, moreover, such relinquishment is always upon condition that public officials, as public servants and trustees, faithfully use the limited powers delegated to government strictly in keeping with their prescribed limits and with this limited purpose at all times. It was in this sense that George Washington, as President of the Framing Convention in September, 1787, wrote to the Congress of the Confederation--in transmitting to it, for consideration, the draft of the proposed Constitution: ". . . Individuals entering into society, must give up a share of liberty to preserve the rest." Here he meant merely conditional relinquishment of liberty of action in the exercise of certain aspects of unalienable rights--not the surrender of any unalienable rights, which would be impossible because a nullity, a void act.

An Offender's Just Punishment

9. Whenever Man violates either the equal rights of others or the above-mentioned just laws, he thereby forfeits his immunity in this regard; by his misconduct, he destroys the moral and legal basis for his immunity and opens the door to just reprisal against himself, by government. This means that any person, as such offender, may justly be punished by the people's proper instrumentality--the government, including the courts--under a sound system of equal justice under equal laws; that is, under Rule-by-Law (basically the people's fundamental law, the Constitution). Such punishment is justified morally because of the duty of all Individuals--in keeping with Individual Liberty-Responsibility--to cooperate, through their instrumentality, government, for the mutual protection of the unalienable rights of all Individuals. The offender is also justly answerable to the aggrieved Individual, acting properly through duly-established machinery of government, including courts, designed for the protection of the equal rights of all Individuals.

It is the offender's breach of the duty aspect of Individual Liberty-Responsibility which makes just, proper and necessary government's punitive action and deprives him of any moral basis for protest. By such breach he forfeits his moral claim to the inviolability of his rights and makes himself vulnerable to reprisal by the people, through government, in defense of their own unalienable rights. By this lack of self-discipline required by that duty, he invites and makes necessary his being disciplined by government.

The Conclusion

10. Man's unalienable rights are sacred for the same reason that they are unalienable--because of their Divine origin, according to the traditional American philosophy.

Quotes from The American Ideal of 1776 supporting this Principle.

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4. Man Organizes Governments To Be His Tools

"That to secure these rights, Governments are instituted among Men . . ." - (Declaration of Independence)

The Principle

1. The traditional American philosophy teaches that government is merely the creature and a tool, or instrument, of the sovereign people.

Government's Primary Function

2. The people create their governments primarily to serve one supreme purpose: to "secure" the safety and enjoyment of their God-given, unalienable rights. To make and keep them secure is government's primary function and chief reason for existence, according to the philosophy proclaimed in the Declaration of Independence.

Government a Tool

3. This makes clear the correct role of government in relation to the people, as viewed by the American philosophy. It is merely their tool, like any other tool such as saw, or a plow, or a steam engine, created by them to serve its assigned and limited purpose. As the people's tool, or instrument, any government could never soundly be said to possess sovereign power--that is, unlimited, or total, power over all things and all persons. Under the American philosophy, no legal, meaning governmental, sovereignty exists anywhere; while any political sovereignty is possessed by the people alone and even they are limited by the obligation to keep inviolate the God-given, unalienable rights of every Individual. Government may possess and its officials may exercise, as the people's servants and trustees, only such limited part of the people's power as they see fit from time to time to delegate to it through their fundamental law: the Constitution, as amended by them; and this applies to all governments and Constitutions, Federal and State.

Government Lacks "Just Power" to Violate Rights

4. Therein lies the significance of the limitation by the people of government's role and power, under the American philosophy. The fact that government cannot have any "just" power or authority--as meant by the term "just powers" in the Declaration of Independence--to violate any unalienable right of The Individual follows from the fact that no Individual can have any right, power or authority to violate any other Individual's unalienable rights. Because it is created by the people (a group of Individuals) primarily for the purpose of making secure all rights of all Individuals, this tool of the people, government, could not conceivably derive from them any power or authority, morally or constitutionally, to do the opposite by infringing any such right. Since no Individual possesses, or could grant, any such power or authority, the many Individuals composing the people of a country are similarly lacking; many times zero equals zero. No vote of the people, by however great a majority--even all of the people but one Individual, opposed to that lone Individual--could give to any government any such authority or power. (This is subject, of course, to the point previously discussed in Paragraph 9 of Principle 3, regarding just punishment of offenders against just laws, or against the rights of other Individuals.)

Government Cannot Delegate Any Power to Violate Man's Rights

5. By the same token, it is impossible for the people's tool, government, to possess any authority from the people--any "just power" (to use the term of the Declaration of Independence)--to delegate to others any power which it does not and could not possess under the traditional American philosophy. As such a tool, government could not possibly possess, could not be given, any power to authorize any person, group or organization to do that which it is itself powerless to do. This precludes, for example, government's authorizing or empowering any person, group, or organization to violate any Individual's unalienable rights--including the right to "Life, Liberty and the pursuit of Happiness"--or any of the supporting rights, such as the right to property and to freedom of association.

No Coercion of Man as to His Labor

6. Under the American philosophy, these supporting rights include, for example, The Individual's right to use all of his faculties, talents, abilities and energies--basically his own labor--as, when and where he sees fit without any restraint by government or by others. This is subject, of course, to his duly respecting the equal rights of other Individuals (in part as discussed regarding Equality in Pars. 8-9 of Principle 7) and just laws expressive of the above-mentioned "just powers" of government designed to help safeguard the equal rights of all Individuals. This means, for example, the enjoyment of this right without any such restraint upon his right to freedom of association, to freedom of choice with regard to joining, or not joining, any organization--for instance, an organization of his fellow employers or an organization of his fellow workers. Violation of this right involves necessarily violation of his unalienable rights to "Life, Liberty and the pursuit of Happiness" as well as of the supporting rights--notably the right to property (money or any other type), including acquiring, possessing and using it. Such violation results in any case of coercion of The Individual to join, or not to join, such an organization. This is true whether perpetuated by government directly, or by it indirectly through others acting with its sanction--for instance, by any group or organization of other Individuals who exert pressures of any kind or degree to induce, or impel, him so to join, or to refrain from joining. As Man's tool, government not only can have no just power so to perpetuate any such violation but is affirmatively obligated, under just laws, not only not to tolerate but actively to prevent such violation by others--always strictly in keeping with its limited powers and related responsibilities as prescribed in the applicable Constitution (as amended), Federal or State, as the case may be. To repeat, any Individual's right to freedom of association (freedom of choice of associates) is always subject to the equal rights of others - including their right to similar freedom of choice of associates. This right's enjoyment always involves the essential factor of mutual consent, free from any element of coercion.

Sovereign Citizen over Public Servant

7. All public officials are subordinate as public servants to all citizens. Under the American philosophy of Man-over-Government, the American heritage assumes that the most modestly circumstanced Individuals among the sovereign people rank higher than any public officials, even those serving as the highest ranking of public servants. It is a case of The Sovereign over servant--each Individual in this regard representing in a sense the sovereign people as the creator of their tool, or instrument: government.

Betrayal of the American Heritage

8. It was the firm conviction of those who founded America--notably the leaders of the period 1776-1787 and their fellow Americans in general--that to forget, neglect , or defy this great American principle is to betray the American heritage of Individual Liberty--Man's Freedom from Government-over-Man--and to contribute in practice to its erosion, or subversion. Sins of omission in this connection are as heinous as sons of commission. Any public servants who ignore this truth are guilty of desecration of the spirit of traditional America and the higher the offender's rank, the worse the offense morally. Any Individual who condones such an offense against this heritage is similarly blameworthy.

The Conclusion

9. Each Individual, among the sovereign and self-governing people, embodies a part of the supreme sovereignty of the people in relation to their creature and tool, or instrument, government, and to its officials as public servants--wholly subservient to the people as their superiors, their masters.

Quotes from The American Ideal of 1776 supporting this Principle.

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5. Limited Government

Governments derive "their just powers from the consent of the governed" - (Declaration of Independence)

The Principle

1. The traditional American philosophy teaches that government must be limited in power if Individual Liberty is to be safeguarded, if each Individual's God-given, unalienable rights are to be made and kept enduringly secure.

"Just Powers" Defined

2. This philosophy asserts that the self-governing people allow any government they may organize to possess, by grant from them, only the limited and few powers with which the people think the particular government may sensibly be entrusted in order to serve their purposes without endangering their rights--their liberties or freedoms. These powers constitute the "just powers" of government, as the Declaration of Independence phrases it. This is in keeping with the primary purpose for which the people organize governments: to make and keep these unalienable rights secure and most beneficial to themselves and to Posterity--time without end.

"Limited" - a Key Word

3. "Limited government" is a key term in the American philosophy. Its great significance is indicated by describing the purpose of limiting government's power in these words: Limited for Liberty. This summarizes what is meant by the statement in the Declaration of Independence about governments being limited in power "to secure these rights"--to make and keep them ever secure. "Limited" means limited by a written Constitution adopted by the sovereign people as their basic law--never changing in its meaning, as originally intended by The Framers and Adopters, except subject to change by the people only by amendments at any time and to any extent they may see fit. All governments in America are thus limited by written Constitutions--by the United States Constitution as the "supreme Law of the Land" and, as to each State government, by that States' Constitution. (Note again Par. 4 of Principle 3, regarding the first eight, or Bill of Rights, amendments being intended to apply against the Federal government only.)

Limited Powers, Duties, Responsibilities and Limited Threat to Liberty

4. The few and limited powers of the United States government are enumerated and defined in the people's fundamental law--the Constitution, as amended. This is the basis of Rule-by-Law (basically the people's fundamental law, the Constitution) in contrast to Rule-by-Man. The limited quantity of its powers means it is limited in potential threat to the people's liberties. These "just powers," being few and limited, automatically define the limits of the duties which the people assign to this government. It can have no duties, no responsibilities, other than those consistent with the limits of the powers granted to it by the people in the Constitution, as amended, It is equally as violative of the Constitution for government to assume duties--to pretend to have responsibilities--as it is to grasp powers, beyond these prescribed limits.

Division of Powers and Checks and Balances

5. As a further safeguard for the people's rights, The Framers and Ratifiers of the Constitution provided for division of powers not only between the Federal and State governments but also within the Federal government between its three, separate Branches and, further, specified various checks and balances among these Branches, to help prevent either usurpation of power (grasping unauthorized power) or misuse of the limited quantity of power granted to it by the people: as explained, for instance, by Madison in The Federalist number 51. Each of the Branches was designed to help restrain the other Branches from any violation of the Constitution. The admonition on this topic expressed in Washington's Farewell Address reflected the conviction of all of The Founders.

"It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. The necessity of reciprocal checks in the exercise of political power; by dividing and distributing it into different depositories, and constituting each the Guardian of the Public Weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them."--George Washington (Farewell Address; Emphasis added)

The Compound Republic

6. The limitation of government's power, by a written Constitution adopted by the people (by the electorate), is the main distinguishing characteristic of a Republic. The correct definition of a Republic is: a constitutionally limited government of the representative type, created by a written Constitution--adopted by the people and changeable (from its original meaning) by them only by its amendment--with its powers divided between three separate Branches: Executive, Legislative and Judicial. Each American government, Federal and State, is a Republic; and such a form of government is expressly guaranteed to each State by the United States Constitution. (Article IV, Section 4.) This makes the American system a combination, or federation , of Republics--a compound Republic as noted in The Federalist number 51 by Madison. Although the term "Federal Republic" has sometimes been used to refer both to the central (Federal) government and to the federated system of Republics--including both central government and State governments (all Republics)--it will facilitate clear thinking if this term "Federal Republic" is applied only to the central government while using the phrase "federated system of Republics" or "federation of Republics" to designate the combination, or confederation, of all of these Republics. Clarity of understanding will be best assured by referring to the central government as the central Republic.

The electorate adopt a Constitution as their basic law by utilizing a Constitutional Convention to frame it for their final approval, or ratification, as was done successfully for the first time in history by the people of Massachusetts with regard to its Constitution of 1780; it was so framed by a convention specially chosen by the people for this sole purpose and then submitted to the people for approval. Final adoption, or ratification, may also be effected in behalf of the people by a specially chosen convention for this sole purpose; and later amendments may be so approved for the people or through the regular legislative body--the alternatives specified in the United States Constitution. This Constitution was framed by the Federal (Constitutional) Convention in 1787 and then adopted in 1787-1788 by State Ratifying Conventions especially chosen by the people for this sole purpose; which is the complete and perfect method of Constitution-making. A Constitutional Convention--one chosen by the people for the sole purpose of framing or ratifying a Constitution--is one of America's greatest contributions, to the mechanics of self-government through constitutionally limited government.

Federal Delegated-Power, and State Full-Power, Republics

7. The Federal government is a delegated-power Republic which possesses only the comparatively few and limited powers granted to it by the people as enumerated in the United States Constitution, as amended--chiefly the powers concerned with "war, peace, negotiation, and foreign commerce" (quoting The Federalist, number 45 by Madison. It is in sharpest contrast that each State government is a full-power Republic which possesses the vast and varied powers needed to administer intra-State affairs--"all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State" (again quoting number 45). The full-power Republic of each State is subject to the State Constitution, as well as to the united States Constitution as the "supreme Law of the Land." Neither the Federal, nor any State, government therefore possesses legal sovereignty--the unlimited power of sovereignty--while the people's political sovereignty is limited in favor of preserving inviolate the God-given, unalienable rights of each Individual. (See Par. 3, Principle 4.)

The "General Welfare" in Relation to the Constitution

8. The Preamble of the United States Constitution specifies "the general Welfare" merely as one of the listed goals to be served by the Federal government in the exercise of the limited powers delegated to it, as enumerated in the body of that instrument. This mention of "the general Welfare" in the Preamble was intended, therefore, to serve in effect as a limit on the use of those delegated powers. The Preamble does not constitute a grant of any power whatever to the government. The only other mention of the words "general welfare" in the Constitution is in the Taxing Clause (Article I, Section 8) which authorizes Congress to collect taxes ". . . to pay the Debts and provide for the common Defense and general Welfare of the United States . . ." Here, too, the words "general Welfare" were designed to serve as a limitation in effect--as a limit on the power granted under that clause. This excludes any power to tax and spend for all purposes which would not qualify as being for the "general Welfare of the United States" as a whole--for instance, it is excluded if for the benefit merely of a locality or some Individuals in the United States. The clause does not empower Congress to spend tax monies for any and every purpose it might select merely on the pretense, or even in the belief, that it is for the "general welfare." (Discussed also in Pars. 4 and 5 of Principle 11.) Congress possesses no "general legislative authority," as Hamilton stated in The Federalist number 83.

Hamilton's Opinion

9. All of those who framed and ratified the Constitution were in agreement on this point of the limited and limiting meaning of the words "general Welfare" in the Taxing Clause. As Secretary of the Treasury, Hamilton contended for the first time in 1791 ("Opinion as to the Constitutionality of the Bank of the United States") in favor of a broader interpretation of this clause than he had formerly espoused and broader than that which Madison - with Hamilton's silent acquiescence--had presented in 1788 in The Federalist (especially number 41) as reflecting the controlling intent of the Framing Convention, which Madison and Jefferson consistently supported. Hamilton did not claim, however, that this clause gives to the Federal government any power, through taxing-spending, so as in effect to control directly or indirectly anything or anybody, or any activities of the people or of the State governments. Despite his assertion that this clause gives Congress a separate and substantive spending power, Hamilton cautioned expressly (Report on "Manufactures," 1791) that it only authorizes taxing and spending within the limits of what would serve the "general welfare" and does not imply a power to do whatever else should appear to Congress conducive to the "general welfare"--that it does "not carry a power to do any other thing not authorized in the Constitution, either expressly or by fair implication."

The Supreme Court's 1936 Decision Ascertaining and Defining the Original, Controlling Intent

10. As the Supreme Court decided (1936 Carter case) in ascertaining and defining the original, controlling intent of the Constitution as proved by all pertinent records and confirming its prior decisions over the generations since the adoption of the Constitution, the contentions advanced from time to time that "Congress, entirely apart from those powers delegated by the Constitution, may enact laws to promote the general welfare, have never been accepted but always definitely rejected by this court." It also decided that the Framing Convention "made no grant of authority to Congress to legislate substantively for the general welfare . . . [citing 1936 Butler case] . . . and no such authority exists, save as the general welfare may be promoted by the exercise of the powers which are granted." The American people have never amended the Constitution so as to change the limited and limiting meaning of the words "general Welfare" in the Taxing Clause, as thus originally intended by The Framers and Adopters in 1787-1788.

The Founders' Warnings

11. As Jefferson warned many times in his writings, public and private--for instance in the Kentucky Resolution--in keeping with the traditional American philosophy, strict enforcement of the Constitution's limits on the Federal government's power is essential for the protection of the people's liberties. This point was stressed at great length in The Federalist (notably numbers 17, 28, 33 and 78 by Hamilton and 44 and 46 by Madison) in reporting and explaining the intent of the Framing Convention expressed in the Constitution--as was understood and accepted by the State Ratifying Conventions. Hamilton's repeated warnings against permitting public servants to flout the people's mandate as to the limits on government's power, as specified in their basic laws (Constitutions) creating their governments, were in keeping with his words on one occasion in relation to the New York State Constitution. He stated ("Letters of Phocion," 1784) that any such defiance, by public servants, of the Constitution would be "a treasonable usurpation upon the power and majesty of the people . . ." Washington's Farewell Address expressed the conviction of The Founders of the Republic and their fellow leaders, in keeping with history's lesson, when he warned that usurpation "is the customary weapon by which free governments are destroyed."

Resistance to Usurpers, as Tyrants, Is Obedience to God

12. It is a traditional American motto that: "Rebellion to tyrants is obedience to God." This motto was suggested by Benjamin Franklin in mid-1776 in the Congress as being an appropriate one for the seal of the United States; and it was so truly expressive of traditional American thinking that Jefferson adopted it for use on his personal seal.

A major part of the American philosophy underlying the resistance to the tyranny of king and parliament prior to the Declaration of Independence, and in support of that Declaration in 1776, was as follows. Public officials who exceed the limits of the powers delegated to them by the people under their fundamental law and thus violate, or endanger, the people's God-given, unalienable rights thereby and to this extent make of themselves defaulting trustees, usurpers, oppressors and tyrants. They thereby act outside of this supreme law, which defines these limits and the scope of their authority and office, and therefore act without authority from the people. By thus seceding and violating the restrictions of this law, they act outside of Law: lawlessly, as "out-laws." As Samuel Adams stated: "Let us remember, that 'if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others [Posterity] in our doom'" (Emphasis added.) They thereby, in practice, replace Rule-by-Law with Rule-by-Man. These defaulting trustees--thus acting lawlessly--thereby free the people from any duty of obedience; because legally and morally, under Rule-by-Law, obedience by the self-governing people is required only to Law and not to law-defying public servants.

The reasoning supporting the above-quoted motto's concept of moral duty is this: Man, being given by his Creator unalienable rights which are accompanied by corresponding duties, has the moral duty--duty to God--to safeguard these rights for the benefit of self and others, including Posterity. Man is therefore obligated to oppose all violators of these rights; and such failure betrays Man's duty as the temporary trustee of Posterity's just heritage. This is in keeping with the philosophy of the Declaration of Independence as reiterated in part, for example, in 1788 in the Virginia Ratifying Convention's proposals for amendments to the Constitution including a Bill of Rights stating in part as follows:

". . . that the doctrine of non-resistance against arbitrary power and oppression is absurd slavish, and destructive of the good and happiness of mankind."

Applied to the United States Constitution, which Federal and State officials are sworn to support, this means that--in resisting Federal officials who, as usurpers, defy the limits on their powers imposed by the "supreme Law of the Land"--the people and governments of the States are opposing Rule-by-Man and defending Rule-by-Law (basically the people's fundamental law: the Constitution). They are thus defending the Constitution against its violators: the Federal usurpers; and they are acting in defense of the people's God-given, unalienable rights and the States' reserved powers. The American philosophy and system of constitutionally limited government contemplates that the people of the several States--acting through their State governments--will, in last resort, use force to oppose any force employed by the Federal usurpers, that they will use military force (Militia of the States) to oppose any military force used by such usurpers; as Hamilton and Madison explained in detail in The Federalist, numbers 28 and 46.

The Conclusion

13. The American philosophy reflects the knowledge that the history of Individual Liberty is the history of the effective limitation of government's power, which is expressed in the traditional principle summarized in the phrase: Limited for Liberty.

Quotes from The American Ideal of 1776 supporting this Principle.

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6. Decentralized Government

". . . true barriers [bulwarks] of our liberty in this country are our State governments . . ." (Thomas Jefferson, 1811 letter to Destutt de Tracy)

The Principle

1. The traditional American philosophy teaches that decentralization of governmental power, to the maximum practicable extent, is essential to the security of Man's God-given, unalienable rights.

Man's Unalienable Rights and "States Rights" Doubly Protected

2. It asserts that these rights are most securely protected by a federated system of government--consisting of a central government (a Republic) and State governments (each a Republic). Under this system, the whole quantity of governmental power is not only limited by written Constitution, Federal and State, but also decentralized so that the vast majority of powers are kept on the State and local levels. The correct definition of a Republic is: a constitutionally limited government of the representative type, created by a written Constitution--adopted by the people and changeable (from its original meaning) by them only by amendment--with its powers divided between three separate branches: Executive, Legislative and Judicial. The American system is "a compound Republic"--a federation, or combination, of central and State Republics--under which: "The different governments will control each other . . . ," while within each Republic there are two safeguarding features: (a) a division of powers, as well as (b) a system of checks and balances between separate departments: "Hence a double security arises to the rights of the people." (The Federalist, number 51, by Madison.)

Greater Quantity of Power Retained by Each State

3. By far the greater quantity and variety of power was retained by the government of each State when the United States Constitution was framed and adopted in 1787-1788. Only a comparatively small part of each State's power was delegated by its people to the new central, or Federal, government--chiefly the powers concerning "war, peace, negotiation and foreign commerce" (per The Federalist, number 45 by Madison). This delegated-power government--the central Republic--was granted few and limited powers; while each State's government is a full-power Republic under the State Constitution, subject to its restrictions, also to that grant, and to the few restrictions specified expressly in the United States Constitution as applying to the governments of the States.

"Home Rule" the Basic, Controlling Principle

4. This federated system of decentralized power is a chief characteristic of the American governmental arrangements. This is in keeping with the controlling intent of those who framed and adopted each of its Amendments. The main aim was to preserve maximum "Home Rule" by the States, to keep the greatest feasible quantity of power as close as possible to the source--the people--where they can best watch it alertly so as to check and prevent its abuse or misuse, as well as to prevent its unsound, or unnecessary, expansion, to the peril or perhaps doom of their liberties.

Economic Liberty and Decentralized Government

5. Such decentralized government is favorable, indeed essential, to America's traditional philosophy and system of economic liberty--the inseparable and indispensable economic aspect of the indivisible whole of Individual Liberty-Responsibility. This includes the system of individual, private, competitive enterprise (called Individual Enterprise--the term used by President Jefferson in his 1801 Annual Message to Congress). This system features a free-market economy--free from Government-over-Man controls, although subject to just regulation as authorized by the Constitution's pertinent provisions) under just laws expressive of "just powers" (to use the term of the Declaration of Independence) designed to protect the equal rights of all Individuals and thus to safeguard sound competition--which gives full play to individual initiative inspired by the incentive of economic liberty of The Individual and is a main characteristic of the traditional American philosophy. This right is not a goal or end, in and of itself, but a necessary means, and it is an essential and main support of Man's unalienable rights. It involves freedom of choice by both producer-seller and consumer-buyer, subject always to the potently persuasive influence of community opinion and standards in the sound environment of an ethical society which emphasizes the duty factor of Individual Liberty-Responsibility, including due respect for the equal rights of others. This means that the central government is limited strictly to the consistent role of mere regulation (not control) to those ends--regulation as limited by the Constitution. This excludes any control by the central government directly or indirectly of the whole or any part of the national economy, which includes all of the people's economic activities.

The free-market economy is controlled by the people as a whole through their acting as buyers and sellers--a multitude of Individuals generally acting individually as both buyer and seller of things or services a number of times each day in the ordinary course of life's daily activities, involving transactions great or small--through their exercise of freedom of choice daily, even hourly; for example, the free-market economy is both a result and instrument of the exercise of this freedom of Individuals--not a mechanistic, independently operating "Thing" which oppressively controls human beings.

Sample Warnings by The Founders

6. The American people and their leaders in 1776-1787 were determined that the central government should never be allowed to possess power to act, or be permitted to act, as a "consolidated" government with sovereign, unlimited power over all of the people and things in the country. Vigilant friends of Individual Liberty, including for example leaders such as Thomas Jefferson, Samuel Adams, Alexander Hamilton and James Madison, warned repeatedly and emphatically against the danger of ever permitting such a government to exist i