Chapter 5

foreign to the 18th century ear but we have worked with fascination and at all levels of decibel, and harsh abrasion, and soothing sound and learned of the evolution from phonograph (of the master inventor, Edison) to the unfathonable archiving and instantaneous summoning of thousands of scores with the "touch of a button" as you say and on a, so called, "ipod", which we are understanding only on faith across the time spectrum.

Whilest exceedingly tempting to choose melodies to while the hours languishing in reverie and lounging in recline, it is strictly encumbant to the task that we subordinate idle pulls of pleasantry and bring crucial focus to the imminent point to the research of the political and profoundly dangerous crossroads descending upon 2011 realities. Impending realities that, if continued, preclude and run counter to all freedom including to enjoy the niceities that Freedom and Liberty provide.

And to that end and toward assailing with great vehemence the threat of tyranny quietly invading

all corners of 2011 and 2012 realities, the following is submitted for illustration in modern terms to

speak to the slithering persuasions enslaving a people and their way of life with visually concealed

stealth.

It might be correctly asserted that this lyric "jumped at us" with its paradoxical and oxymoronic alure

and fascination as an example and metaphor of government iniquity and I defer to and give

appropriate accreditation to our great elder statesman and world traveler, Dr. Franklin, for his

insistence that we employ this "modern" modem of provoking thought with entertaining tones and lyrics by way of example.

(Rendition and Title (The Snake) and lyrics from artist, Al Wilson,. circa 1968, to set the picture, to sound an alarm, and to say and convey the essence of the extremely dire warning by way of modern, illustrative "s" aliteration and "hissing" onomatopoeia.)

The Snake

On her way to work one morning

Down the path along side the lake

A tender hearted woman saw a poor half frozen snake

His pretty colored skin had been all frosted with the dew

"Oh well," she cried, "I'll take you in and I'll take care of you"

"Take me in oh tender woman

Take me in, for heaven's sake

Take me in oh tender woman," sighed the snake

She wrapped him up all cozy in a curvature of silk

And then laid him by the fireside with some honey and some milk

Now she hurried home from work that night as soon as she arrived

She found that pretty snake she'd takin in had been revived

"Take me in, oh tender woman

Take me in, for heaven's sake

Take me in oh tender woman," sighed the snake

Now she clutched him to her bosom, "You're so beautiful," she cried

"But if I hadn't brought you in by now you might have died"

Now she stroked his pretty skin and then she kissed and held him tight

But instead of saying thanks, that snake gave her a vicious bite

"Take me in, oh tender woman

Take me in, for heaven's sake

Take me in oh tender woman," sighed the snake

"I saved you," cried that woman

"And you've bit me even, why?

You know your bite is poisonous and now I'm going to die"

OH SHUT UP, SILLY WOMAN," SAID THAT REPTILE WITH A GRIN

"YOU KNEW DARN WELL I WAS A SNAKE BEFORE YOU TOOK ME IN"

"Take me in, oh tender woman

Take me in, for heaven's sake

Take me in oh tender woman," sighed the snake

Many more examples abound however, this seemingly simplistic and short, as you say, "ditty",

of all the archives researched, loudly shouts the poignant and poisonous and fatal tale of self deluding seduction that has been the age-old Siren call of dangerous government engaging help and empowerment

at the behest and request of feigned illusion for false and seductive security and at the vicarious

hope submitted to all too sheepish solicitation from a forked and imploring tongue.

To my distinguished fellow collegues from Virginia, Mr. Jefferson and Mr. Patrick Henry, let me, in no misconstruing terms, say that they were so correct to forewarn so gravely about the magnitude and maneuverings of the insidious and insatiable aspects of government pursuit of power. On the other side of the great debate, as Federalists, we did not foresee these magnitudes so warned. So the onus is more squarely on our reputations to recommend and remedy run-away, Federal Power and it is with great deference and apology to my fellow collegues of the opposite persuasion and with regrets that better constraints and chains and redundancies were not designed and placed upon the Federal Branch and in late acknowledgement for original effect I belatedly nod to their sagacious foresights and insights at this rectifying and remedial convening.

And in that line of deference and apology we, the "Federalists" have in these redebates, quietly been the attentive audience to the cautionary and correcting counsel of these fine gentleman as leaders of the well-known sympathies of "Anti-Federalists".

In a moment of levity, I share the most recent statement by the distinguished Mr. Wilson from Pennsylvania that "We are all "Antifederalists" now!"

And it is to those ends that these assembled committees have tackled each of the major categories of most aggregious "Usurpations". "Usurpation", is the word given strong and strict authority throughout the 85 Federalist Papers to delineate in the strongest terms the original definitions laid out for what is outside the bounds of Constitutional authority versus what is not out of the "limited and enumerated" bounds and in concert to then give a thorough accounting of what the intended limitations are to the Federal governments authority and purview in this limited setting to its powers.

The findings and summarizations of the committees is provided as requested with prioritization given of the most aggregious oversteppings of their authority by Federal entities. Beyond the findings and summarizations as to the original intent of each power being addressed, arguments are presented as to how the transgression of power has been manifested and "usurped", and also how each "Usurpation" should to be addressed, offset, assailed if necessary, and remedied in the 21st Century.

The ultimate remedy of course is the People and their ability to work with the State Legislatures to Amend the Constitution as set forth in Article V when it becomes necessary and when the collective control of the national Congress becomes intransigent to the will of the People.

As to enforcement and judicial discerning as to "constitutionality, in all of our research, we find a misconception that 5 people (assuming 9 justices on the national Supreme Court) on the highest court are perceived to be the one monolithic true arbiter of the Constitution as to what is "Constitutional" and what is "Unconstitutional". That is not nor was this ever the intent. "Original Intent" regarding "Constitutionality" includes the following:

Here is what "Publius" wrote in Federalist #33 the 5th paragraph:I

If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed [the Constitution], and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.

Every local official, every state official, every federal official who takes the Oath of Office to "defend and protect the Constitution of the United States of America ..." is sworn to uphold "constitutional" laws and to not uphold and to correct "unconstitutional" laws. There are thousands of "arbiters" who are sworn to decide if a law is or is not constitutional and in the course of those thousands making decisions based on intellect, conscience, and sworn duty, they are to "rule" on the constitution as they see fit. Many "Supreme" decisions are "usurpations" by the Judiciary and are to be treated as such by those sworn to correct these Usurpations.

The "Oath of Office" puts the power closer to the People for remedial Judicial/Legislative/Executive branch "usurpations" and we see that this is a message long given short shrift and whose time has come to ring out across the "Land of the Free".

The People have to understand this message and they have to hold their officials accountable.

Congress has no authority to pass any law just because a majority in Congress think the law is a good thing. Article I, Section 8, gives Congress only the following enumerated powers and these only:

(1) To lay taxes;

(2) To pay the debts of the United States;

(3) To declare war and make rules of warfare, to raise and support armies and a navy and to make rules governing the military forces; to call forth the militia for certain purposes, and to make rules governing the militia;

(4) To regulate commerce with foreign Nations, and among the States, and with the Indian Tribes;

(5) To establish uniform Rules of Naturalization;

(6) To establish uniform Laws on Bankruptcies;

(7) To coin money and regulate the value thereof;

(8) To fix the standard of Weights and Measures;

(9) To provide for the punishment of counterfeiting;

(10) To establish post offices and post roads;

(11) To issue patents and copyrights;

(12) To create courts inferior to the supreme court; and

(13) To define and punish piracies and felonies committed on the high seas, and offenses against the Laws of Nations.

(14) An enumeration of the population for purposes of apportionment of Representatives and direct taxes (Art. I, Section 2, clause 3);

(15) Elections of Senators & Representatives (Art. I, §4, cl. 1) and their pay (Art. I, § 6);

(16) After 1808, to prohibit importation of slaves (Art. I, § 9, cl. 1); **

(17) A restricted power to suspend Writs of Habeas Corpus (Art. I, §9, cl. 2);

(18) To revise and control imposts or duties on imports or exports which may be laid by States (Art. I, § 10, cl. 2 &3)

(19) A restricted power to declare the punishment of Treason (Art. III, §3, cl. 2);

(20) Implementation of the Full Faith and Credit clause (Art. IV, §1); and,

(21) Procedures for amendments to The Constitution (Art. V).

We see that additionally The 13th, 14th, 15th, 16th, 19th, 23rd, 24th, & 26th Amendments grant additional powers to Congress respecting civil rights & voting rights, the public debt [lawfully incurred], income tax, successions to vacated offices, dates of assembly, and appointment of representatives from D.C.

The Constitution authorizes Congress to exercise these and only these powers!

More on this in the later reports by Mr. Jefferson and Mr. Henry.

Respectfully Submitted for the Committee,

James Madison

Virginia delegate

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