Publius Huldah – The U.S. Census: Rule of Law or Rule of Men?Page 1 of 4
The U.S. Census: Rule of Law or Rule of Men?
By Publius HuldahMarch 9, 2010
1. The American People have forgotten the most important Principle of our Founding: Thedistinction between the “Rule of Law” and the “Rule of Men”. This distinction was illustratedin a discussion about the census questions between Megyn Kelly (Fox News) andCongresswoman Michele Bachmann (R. Minnesota) on June 25, 2009. Ms. Kelly illustratedthe Rule of Men; Rep. Bachmann, the Rule of Law.http://tinyurl.com/ygnlpnx 2. What is the “Rule of Law”? The Rule of Law prevails when the civil authorities act inaccordance with a body of Law
which is established by a higher authority
. The Preamble toThe Constitution of the United States says it is ordained and established by WE THE PEOPLEof the United States. Thus, WE THE PEOPLE are the highest political authority in our Land.It is OUR Constitution – WE ordained it – WE created the federal government; and thefederal government has only those powers WE granted to it in The Constitution.[i] Alexander Hamilton recognized inFederalist No. 33(6th para), that the federal governmentis our
, and WE are to judge the acts of the federal government using the “standard[we] have formed” – the Constitution. When the federal government departs from thisstandard, WE are to “take such measures to redress the injury done to the Constitution as theexigency may suggest and prudence justify”.Noah Webster’s American Dictionary of the English Language (1828), says under the entry for “Constitution”:“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, thelegislature is created, and its powers designated, by the constitution.”Do you see? The Constitution is superior to Congress, and
the Constitution limits andcontrols Congress’ powers!
InFederalist No. 33(last two paras), Hamilton said that acts of the federal government “which are
to its constitutional powers” are “merely actsof usurpation, and will deserve to be treated as such”; that only “laws made
pursuant to theConstitution
” will become part of the Supreme law of the land; and that laws which are notmade pursuant to the Constitution “would not be the supreme law of the land, but ausurpation of power not granted by the Constitution.”Our Founders were emphatic that ours is a Constitution of enumerated powers only. InFederalist No. 45(9
para), James Madison said:
“The powers delegated by the proposed Constitution to the
federalgovernment are few and defined.
Those which are to remain in the Stategovernments are numerous and indefinite. The former
will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce
with which last the power of taxation will, for the mostpart, be connected. The powers reserved to the several States will extend to all