States Have Rights
By Dan Itse
()
About this ebook
Benjamin Franklin once said, “They who would give up essential Liberty to purchase a little temporary Safety deserve neither Liberty nor Safety.”
The founders of our country, the drafters of the Federal Constitution and of the State Constitutions, knew the need to protect individuals from the authoritarian repression of overbearing government and the tyranny of the majority. They knew the unique sovereignty of the individual. They knew that the "men of Darkness" would always be with us and would always tempt us with the offer of a trade of liberty for unattainable utopia. In recent years, the Federal constitutional protections have been eroded, most often in search of security. We often encounter the Federal Constitution not as a means of protection for our inalienable rights, but as a tool to undermine the very source of those rights.
Ronald Reagan noted in a speech over 50 years ago, that “Freedom is never more than one generation away from extinction.” Generations have passed since then. Were we to rely now on the Federal Constitution as a safeguard of liberty, there would be no generation standing between us and its extinction.
Hope, however, is not lost. The best hope for our country to recapture our liberty lies in the many State Constitutions. Dan Itse, in States Have Powers, gives us an encouraging reminder that, within our State Constitutions, lie the tools to fight for freedom, protect freedom, and hand freedom down to our children.
States Have Powers is a fight by Dan Itse for freedom and a fight to protect freedom and to hand that freedom on to our children.
We should heed that message.
Dan Itse
Representative Dan Itse is the husband of Lisa and proud father of five grown children. He has been a New Hampshire State Representative since 2000. Dan has served on the Legislature’s Children and Family Law Committee and as chairman of the Committee on Constitutional Review and Statutory Recodification. He votes consistently in strict accordance with the United States Constitution and the New Hampshire Constitution and boasts an attendance record that is among the highest. A registered professional engineer in both New Hampshire and Massachusetts, Dan’s educational background includes a Bachelor of Science degree and a Master of Science degree in chemical engineering from Worcester Polytechnic Institute. He is responsible for the development of a number of technologies for protecting the environment while expanding power generation and industrial activity. He holds patents on one of the most widely used low emissions burners for coal-fired power plants, a low emissions combustion system for waste-to-energy, a process for disposing of heavy metals, and a device for improving the injection of chemicals for reducing air pollution from power plants. Representative Itse served for ten years on the board of the national Heritage Center for Constitutional Studies and is credited with helping inspire the Tea Party movement. He has appeared on radio and television with Glenn Beck, on Fox and Friends and has been interviewed by Fox 25 in Boston and by Alex Jones. He also participated in a Cato Institute colloquium on the power of States to limit the scope of an Article V Constitutional Convention.
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States Have Rights - Dan Itse
SUPPORT FOR THE CONCEPTS OF STATES POWERS AS EXPRESSED BY DAN ITSE
Glenn Beck, during his Fox News TV program
"I find this so fascinating, because I read the founding fathers, I know what they believed, and it makes no sense that you couldn’t back out of the union if they started trampling on those rights, it would only make sense..."
Rush Limbaugh, during his radio program
Dan: We’ve got to rally people...embolden them. Rush: I agree with you.
Bernie Quigley, The Hill’s Pundits Blog
"NH state Rep Dan Itse proposed that New Hampshire need not participate in Obamacare, citing Thomas Jefferson’s Kentucky Resolutions. Twenty-nine states followed..."
Skip Murphy, co-founder of GraniteGrok
"Dan has proven himself to be a very serious student of the Constitution..."
STATES
HAVE POWERS
The Powers of the People
Dan Itse
Published by Rosstrum Publishing at Smashwords
Smashwords editionCopyright 2014 Daniel C. Itse
All rights reserved
A print version of this book is available from Rosstrum Publishing and other fine booksellers.
Print version ISBN number: 978-1-62570-007-0
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Print version Library of Congress Control Number: 2013947964
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Cover design: Paul Ingbretson with Zachary T. Byrd
DEDICATION
As one would expect, I dedicate this work to my wife Lisa and my children. Ultimately, it is for them that I engage in this conflict, and it is they who suffer the deprivations we endure. I could not have a more remarkable help-mate than Lisa. She is jealous of my time in the Legislature. However, when once considering whether I should run again, though she didn't want me to, the thought of my not continuing made her sick to her stomach. Several years ago now, when I asked my youngest daughter, Ariel, and my youngest son, Jarrod, whether I should run again; Ariel paused for about 30 seconds and responded with, I guess it’s better that you do than that you don't.
Jarrod grunted in affirmation.
ACKNOWLEDGMENTS
In chronological order, I would like to thank the following:
Diane Gilbert and the board of the National Heritage Center for Constitutional Studies who ignited my interest in all things constitutional.
Hon. Paul Mirski for suggesting that I write my commentary on the Constitution of New Hampshire, which started me down this path.
Rev. Garrett Lear, The Patriot Pastor, my pastor, whose fervent prayer, even before this particular journey, has been a constant covering, and whose supply of reference books, particularly my Geneva Bible, was invaluable.
Mr. Richard Lambert, Legislative Researcher, whose love of history, and diligent crawling through the archives of New Hampshire in pursuit of support for my legislation, laid the foundation for many of the thoughts expressed in this book.
My many fellow Representatives on both sides of the debate, who challenged me to research and define my under-standing of Liberty. Rep. George Lambert (no relation) for pushing me to write this book. Elaine Winn, whose efforts at the initial editing were indispensable.
Joe Ross and Rosstrum Publishing, my editor and publisher for his assistance in making this book a reality.
And to all of you who have sponsored the publication of STATES HAVE POWERS: The Powers of the People, including:
Mr. Ralph Demicco, Hon. Joshua Davenport, Mr. Frederic (Buck) Christopher Dumaine III, Rep. J R Hoell, Hon. Joseph Krasucki, Rep.
Carol McGuire, Rep. Daniel McGuire, Rep. William O’Brien, Rep. James Parison, Sen. John Reagan, Hon. David Scott, Hon. Brian Seaworth, William Smith, Hon. Gregory Sorg, and the folks of Camp Constitution.
I am truly humbled and honored by your support in this effort as I know it to be an expression of your love of liberty. I know you share my hope that this expository on State sovereignty will help to fan the spark of renewed interest in American Liberty into a full-fledged prairie fire. That, through you, God has allowed me to remain in the fight means more than words can adequately express.
For Christ and Liberty
Dan Itse
STATES
HAVE POWERS
The Powers of the People
TABLE OF CONTENTS
FOREWORD
PREFACE
Chapter 1 - STATES
Chapter 2 - RIGHTS AND POWERS
Chapter 3 - ORIGIN AND DELEGATION OF POWER
Chapter 4 - FEDERAL COMPACT
Chapter 5 - LIMITS OF POWER
Chapter 6 - FEDERAL CRIMES
Chapter 7 - COMMANDEERING BY CONGRESS
Chapter 8 - UNAUTHORIZED FEDERAL OFFICERS
Chapter 9 - UNAUTHORIZED MEANS OF ENACTMENT
Chapter 10 - USURPATION OF POWER
Chapter 11 - FINAL JUDGE OF DELEGATED POWERS
Chapter 12 - STATES’ DUTIES
Chapter 13 - SECCESSION OR NULLIFICATION
APPENDIX
ABOUT THE AUTHOR
FOREWORD
When Saul of Tarsus instructed generations to come that they should [s]tand fast … in the liberty wherewith Christ has made us free and be not entangled again in the yoke of bondage…,
he gave us one of the most poignant expressions of the reason personal liberty and individual autonomy have arisen as core concepts in Western political thought.
These timeless words by St. Paul stand both as a perfect example and an important extension of the Judeo-Christian belief in the primacy of Man over the political powers of the moment. They establish an understanding that there exists a direct relationship between each person and God and this relationship has dignity and significance that no political entity may violate. They explain that from such relationship there arise inalienable rights that no government may set aside.
Without Christianity in the West, which arose in the face of Roman statism, political liberty would have no primacy; without a continuing affirmation of its belief in the sanctity of the individual, liberty and individual autonomy will not be sustained in the face of the darkness of collectivist politics: As has been said, ...the truth did set man free, although the men of darkness were offended and they tried to put out the light.
Perhaps better than today – certainly with more accepted conviction than we find today – our founders, the drafters of the Constitutions of our States and our federal government, appreciated the unique sovereignty of the individual. They well knew that the men of darkness
would always be with us, and always tempting us with a trade of liberty for unattainable utopia. Benjamin Franklin joined others from that time in warning us of this appeal to forego liberty when he said, [t]hey who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.
The founders knew, of course, that governments are necessary to secure liberty against the terror of anarchy and the totalitarianism of pure democracy. They knew as well, however, that it is necessary to prepare the foundational laws of those governments, our federal and State Constitutions, in a manner that