Posted under Political Philosophy
This piece is part 2 of Jay Madison’s essay on Incorporation vs. Interposition
Statesâ€™ rights, Doctrine of 98, Tenth Amendment, and nullification,  are some terms that are used interchangeably with interposition. Secession is the most extreme form of interposition.
Black’s Law Dictionary: Revised Fourth Edition defines interposition:
” Interposition. The doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government.
The concept is based on the 10th Amendment of the Constitution of the United States reserving to the states powers not delegated to the United States. Historically, the doctrine emanated from Chisholm v. Georgia, 2 Dallas 419, wherein the state of Georgia, when sued in the Supreme Court by a private citizen of another state, entered a remonstrance and declined to recognize the court’s jurisdiction. Amendment 11 validated Georgia’s position.
Implementation of the doctrine may be peaceable, as by resolution, remonstrance or legislation, or may proceed ultimately to nullification with forcible resistance.
The Constitution does contemplate and provide for the contingency of adverse state interposition or legislation to annul or defeat the execution of national laws.” In Re Charge to Grand Jury, Fed. Case No. 18,274 [2 Spr. 292].
Walter Williams, a black American, had this to say about a decade ago in â€œThe Civil War Wasnâ€™t About Slavery:â€  â€œStates should again challenge Washingtonâ€™s unconstitutional acts through nullification. But you tell me where we can find leaders with the love, courage and respect for our Constitution like Thomas Jefferson, James Madison and John C. Calhoun.â€ Obviously, interposition is not rebellion; and it isnâ€™t about racism. Itâ€™s impossible to overemphasize those two aspects in the present politically correct climate that has emasculated pundits, professors, preachers and politicians. Phyllis Schlafly put it this way: â€œThe feminists are powerful enough in the media, in schools and colleges, and in politics and government to intimidate most of their opposition, especially men.â€ Cowards must be ignored, until they repent of their wicked disposition.
Anyone thinking that the 2nd Amendment was passed and ratified for hunting, gun collecting, target shooting, and self-defense must read The Revolutionary Second Amendment  by Brent J. McIntosh, who clerked for Clerk, Hon. Dennis Jacobs, United States Court of Appeals for the Second Circuit: â€œThe revolutionary understanding of the Second Amendment is founded on the idea that the right to bear arms exists to protect the American populace from governmental tyrannyâ€¦. This so-called â€˜right of revolutionâ€™ is a fundamentally collective right; it does not exist for just any dissatisfied citizen to attempt overthrow of the government.â€ The right to â€œkeepâ€ is an individual right; and the right to â€œbearâ€ against the federal government is a collective right, under the command of elected officials. As Prof. Stanley Bamberg noted in â€œA Footnote to the Political Theory of John Adams: Vindiciae contra tyrannos:â€ â€œVindiciae, therefore, does not argue for anarchy. It recommends resistance to tyranny based upon the authority of lower officers of the state.â€ Book 4, Chapter 20, Section 31 of John Calvinâ€™s Institutes agrees that individuals are forbidden to rebel against government; but affirms that lower officers of the state have a duty to interpose against evil government. Finally, â€œThe National Lawyers Association takes the position that there is a legal connection or relationship between the Declaration and the Constitution.â€ 
Only the basest of depraved minds, enraptured by tyrannical beasts, would deny the Biblical right and Constitutional power of the states to interpose between their citizens and the federal government:
â€œFranklin went so far as to propose that the inscription of the Great Seal should read, â€˜Resistance to tyrants is obedience to God.â€™ Why did Franklin and Jefferson see the American emancipation from England in light of the emancipation of the nation of Israel from Egypt? And where did Franklin get the strange notion that, â€˜Resistance to tyrants is obedience to God?â€™ The answer, according to Walzer, is that Franklin and Jefferson read the Torah – what they called the Old Testament – according to its original intention: they read it as a political text.â€
It follows that unqualified submission to tyranny is rebellion against God!  Let the â€œgirly-menâ€ preachers rage in denial (John 8:44). They need to repent and feast their collective mind on the sermon of a real preacher, Samuel West, â€œOn the Right to Rebel Against Governors.â€ He commenced with Titus 3:1 and included 1 Peter 2:13, 14; Romans 13:1-6 and other pertinent verses. The following is an excerpt from his roughly 16,000 word sermon:
â€¦.when they become the pests of human society, when they promote and encourage evil-doers, and become a terror to good works, they then cease being the ordinance of God; they are no longer rulers nor ministers of God; they are so far from being the powers that are ordained of God that they become the ministers of the powers of darkness, and it is so far from being a crime to resist them, that IN MANY CASES IT MAY BE HIGHLY CRIMINAL IN THE SIGHT OF HEAVEN TO REFUSE RESISTING AND OPPOSING THEM TO THE UTMOST OF OUR POWER; or, in other words, that the same reasons that require us to obey the ordinance of God, do equally oblige us, when we have power and opportunity, to oppose and resist the ordinance of Satan.
Hear the words of Jesus Christ: â€œIt is written, that man shall not live by bread alone, but by every word of God (Matt. 4:4). How do Christianâ€™s do that? It takes exegesis, application, and the power of Godâ€™s indwelling Spirit. The exegetes do justice to Romans 13. They go all the way back to Neroâ€™s Rome and rummage around in ruins for clues. Leaving no stone unturned there, they fast forward to the present, without so much as a pause at 1776, 1787 and 1791, and announce that Nero, not the Constitution, lives in whatever official happens to be acting unconstitutionally. By willful misapplication, their excellent exegesis has the same result as deadly eisigesis. They learned the black art (2 Peter 3:16) from their master, the Old Deluder.
â€œLet every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of Godâ€ (Romans 13:1). The Bible in Basic English renders pas psuche as â€œeveryone;â€ and the Weymouth New Testament states â€œevery individual.â€ If government officials are humans, they are subject to huperecho exousia, which is the â€œSupreme Law of the land.â€ Contention to the contrary subverts the rule of law, â€œordained of God,â€ by the rule of rebellious men! Expositors, missing that point, continue to Romans 13:2 making a case that is already fatally flawed. Application must include those who govern and the governed! America is a compound republic with vertical and horizontal separation of powers. Government exists to secure the rights of those made in the image of God (Gen. 9:6).
Without a Creator, Jefferson’s appeal to the “Supreme Judge of the world” in the Declaration of Independence is pure nonsense and so are your RIGHTS! Your highest appeal is to the State, where godless might seizes your God-given rights. Mao Zedong declared, â€œAll political power comes from the barrel of a gun. The communist party must command all the guns, that way, no guns can ever be used to command the party.â€ Think about it next time you hear someone scream separation of Creator and State. Think about what a person means when they emphatically state, “there are no absolute truths” in contradistinction to Jefferson’s: “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!” Contrast Maoâ€™s declaration with the following from The Thomas Jefferson Building: â€œBeneath The Rule Of Men Entirely Great, The Pen Is Mightier Than The Sword.â€ When a society can no longer be moved by words to resist tyranny, it will be moved by the barrel of a gun past the point of no return. In the opening remarks of his 1983 Templeton Prize address, Alexander Solzhenitsyn emphatically stated three times â€œMen have forgotten God.â€  He continued with this observation: â€œThe concepts of good and evil have been ridiculed for several centuries; banished from common use, they have been replaced by political or class considerations of short lived value. It has become embarrassing to state that evil makes its home in the individual human heart before it enters a political system.â€
Rush Limbaugh and Bob Barr acknowledged that abortion is murder. Several Christian leaders signed a declaration acknowledging, â€œThe direct and intentional taking of innocent human life in abortion, euthanasia, assisted suicide, and embryonic research is rightly understood as murder.â€ Thirty-six states have fetal homicide laws and thirty states have unenforced murder (abortion) laws. But most politically conservative Christians prefer to substitute abortion for murder. Former Chief Justice Berger stated twenty-two years ago in Bowers v. Hardwick that â€œthere is no such thing as a fundamental right to commit homosexual sodomyâ€¦.To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.â€  Politically conservative Christian organizations, sodomized by culture, use the term â€œgay.â€ Who knows what term their Republican masters will dictate for bestiality and child molestation, when those crimes become politically correct.
The history of the Supreme Court is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute judicial oligarchy over these States. To prove this, let Facts be submitted to a candid world:
It was judges not legislators who by an act of “raw judicial power” struck-down the abortion laws of the states and created a constitutional “right” to abortion. Roe v. Wade, 410 U.S. 113 (1973).
It was judges not legislators who ruled that a school district policy permitting student-led, student-initiated prayer prior to school football games violates the Constitution. Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000).
It was judges not legislators who ruled that burning the American flag is “expressive conduct” protected by the First Amendment. Texas v. Johnson, 491 U.S. 397 (1989).
It was judges not legislators who created a right of homosexual marriage. Goodridge v. Department of Health, 440 Mass. 309, 798 N.E.2d 941 (Mass. 2003).
It was judges not legislators who ruled that the First Amendment protects “virtual” child pornography. Ashcroft v. Free Speech Coalition, 122 S. Ct. 1389 (2002)
It was judges not legislators who ruled that minor girls may obtain an abortion without parental consent. Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976).
It was judges not legislators who ruled that a state law requiring the posting of the Ten Commandments in public school classrooms is unconstitutional. Stone v. Graham, 449 U.S. 39 (1980).
It was judges not legislators who ruled that sodomy is a constitutional right. Lawrence v. Texas, 123 S. Ct. 2472 (2003).
It was judges not legislators who ruled that a university may use race as a factor in selecting students for admission. Grutter v. Bollinger, 123 S. Ct. 2325 (2003).
â€œNine Men Against America: The Supreme Court and Its Attack on American Libertiesâ€  was written in the middle of last century. The court has gotten worse, not better; because both political parties remain determined to establish a federal dictatorship. The conservative media, conservative political action committees, James Dobson, Gary Bauer, Pat Robertson, Mike Huckabee, Richard Land, Albert Mohler and their hellish horde of wannabes are determined to help both political parties achieve that goal! Surely, the Spirit of God had those people in mind when 2 Timothy 3:5 was written: â€œHaving a form of godliness, but denying the power thereof: from such turn away.â€
Pastor Chuck Baldwin and Adam Clarkeâ€™s Commentary on Romans 13 teach the correct application of Godâ€™s ordinance to people and rulers governed by a written Constitution. Law professor, John Eidsmoe, wrote The Doctrine Of Interposition In Christian Theology to show that the divine right of the rule of law has various means to address subversion by the evil rule of Republicans and Democrats.
Stanley Monteith, M.D., had this to say almost a decade ago:
Had our Founding Fathers believed they must respect King George III, we would still be British subjects. Two hundred years ago ministers taught that “resistance to tyranny is allegiance to God”, and that we should have “no King but King Jesus”. Two hundred years ago ministers taught that sin was wrong, that Hell was a place of eternal punishment, and that there was damnation for those who refused to accept salvation. Two hundred years ago churches influenced government policies, and church-sponsored schools produced a 95% literacy rate. Two hundred years ago children obeyed their parents, and the Ten Commandments were the foundation of American law. That is no longer the case.
Dobson, Gary Bauer, Pat Robertson, Mike Huckabee, Richard Land, and Albert Mohler and others like them ensure that will never again be the case. Their motto is â€œno King but the godless GOP and their wicked Supreme Court.â€ They are dedicated to neo-conning politically conservative Christians: â€œWhen Ron Paul was asked about Mike Huckabee’s overt usage of a cross for a campaign advertisement, he quoted Sinclair Lewis as saying, â€˜When fascism comes to America, it will be wrapped in a flag and carrying a cross.â€â€™ Laurence M. Vance called Falwell, Robertson, Dobson, Lindsey, Thomas, and Boone, â€œThe Christian Axis of Evilâ€  There isnâ€™t a “dime’s worth of difference” between Democrats and Republicans. Politically conservative Christians must pry their minds away from Dobson, Gary Bauer, Pat Robertson, Mike Huckabee, and Richard Land and associated ilk. That clan knows better than the Democrats; but they refuse to do any better than the Republicans.
Ken Connor replaced Gary Bauer as President of the Family Research Council that was established by James Dobson. Bauer left FRC to run for President in 2000. Connor left FRC in 2003 and help found the Center for a Just Society in 2005. He serves as the organization’s Chairman and one of its principal spokesmen. About two years ago, he wrote â€œDiamonds and Pearls: Are Christian Conservatives Being Bought Off?â€
If you are a faithful evangelical or Catholic, the Republican Party has a box they put you inâ€””values voter”. They know that they need a certain number of voters from this box in order to keep their jobs. And they have a game plan: pay lip service to a few subjects that animate “values voters” right before the election and maybe, just maybe, they can win. They know perfectly well that many “values voters” find it difficult to vote for Democrats, so they do the absolute minimum necessary to win us over and then largely forget us until the next campaign season. Part of this is our own fault.
For political operatives in Washington, Christian conservatives are often no more than a mass of voters to be energized and mobilizedâ€¦.They carefully calculate what needs to be said to placate us, and then move on to do what is necessary to cultivate the continued support of the business and special interest groups who fund their campaigns.
Christians should be no less fed up with national organizations that try to mobilize us every-other year with overheated rhetoric and bombastic lettersâ€¦.”Did you know that Senator Hilary Clinton wants to make prayer illegal in America? Did you know that the Democratic Party wants to force all pregnant women to have abortions? It’s true! SEND US YOUR MONEY NOW!”
It’s time for Christian conservatives to reject the cheap, tawdry tactics aimed at manipulating us before Election Dayâ€¦.We want results, not just rhetoric.
We have a simple message for the Republican Party: stop “using” us in an effort to secure our vote. Give us substance, not symbolsâ€”or be prepared for disappointment in November.
Professor Thomas J. DiLorenzo explains one of the reasons that resistance to the rule of evil men is, for all practical purposes, nonexistent:
â€œThe parties who are interested in limited constitutional government are widely dispersed and not very well organized politically (i.e., the general public); whereas the advocates of ever-expanding legal plunder (the state itself, and all of its special-interest groups) tend to be much more concentrated and well organized. Therefore, it is the nature of politics that the enemies of constitutional limitations on government will win outâ€¦.â€ 
Several of these widely dispersed groups could unite and possibly start to make a tiny dent in the rule of evil Republicans and Democrats: 1) National Federation of Republican Assemblies; 2) Constitution Party; 3) Libertarian Party; 4) America First Party and 5) the Ron Paul group mentioned by Sean Scallonâ€™s The New Fusionism Joining Libertarian And Constitutionalist. That group probably has many constituents of the other four.
The Republican and Democrat Parties are two sides of the same evil coin. Many living conservatives have been tossing that same coin since Goldwaterâ€™s defeat with the same result: Heads, evil wins; tails, good loses. DiLorenzo identified the problem and Scallon proposed the solution. The American National Election Studies Guide to Public Opinion and Electoral Behavior Party Identification 7-Point Scale 1952-2004 demonstrates that voter sentiment is clearly not with the two major parties. The public is Independent; and the two major parties are dependent on excluding a third-party contender. The problem is easy to identify; but the Republicans and Democrats take advantage of the fact that the solution will be almost impossible to implement. Thatâ€™s why both will continue to front and fund fiscal socialists and social degenerates for office.
The precipitating event that united the American colonists was tyranny. Walter Williams tells us that “The War Between the States” resulted from states united into a Confederacy against tyranny. Obviously, the only thing that will unite those five groups into opposition against the evil duopoly is tyranny. Bush took the nation to the precipice of tyranny. What will stop McCain and Obama from taking the plunge?
The false doctrine of incorporation, spontaneously arising decades after the 14th amendment was passed and ostensibly ratified, broke the Constitution. This false doctrine is illegal and contradictory to Godâ€™s ordinance for America set fort in Romans 13. Christians are Godâ€™s children; but He expects them to act like adults and assume some responsibility. They are made in His image (Gen 9.6); and He expects them to act accordingly, in conformity to the image of His only begotten Son. The striking thing is that so many in politics and ministry act like â€œgirly-men.â€ Occasional lapses can be expected; but prolong activity of this sort is psychologically destabilizing to maturity and warrants discipline that will in all probability be in the form of tyranny.
Hebrews 11 is â€œBy Faith!â€ That faith was combined with Biblical action including much more than prayer, fasting, preaching, taping, marching, networking, protesting, conferencing, talking about doing something, and more talking about doing the same thing in the same way and expecting a different result. If THE WORD was made flesh (John 1.14), then those same words can animate American Christians to conquer sin in their lives and provide salt and light to a corrupt nation in darkness. Faith is the only modus operandi God acknowledges. Jericho canâ€™t be explained. It just fell. Faith works. Forty wandering years (Numbers 14:34) proved nothing else will.
Pragmatism is a proven means to perdition. It will take miracles of Exodus proportions to extricate America from the morass made by decades of departure from Godâ€™s Will expressed in His Word. Out of nothing, from nowhere, this universe was instantaneously created by Godâ€™s Word. Thatâ€™s the power Godâ€™s children have working for them, whenever they TRUST & OBEY!