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Home | January 2006 Archives

  Questions for Alito, Part II | January 31, 2006


15. Article I, Section 10 of the U.S. Constitution asserts that no State shall "make any Thing but gold and silver Coin a Tender in Payment of Debts". How do you interpret this requirement and its current application?

16. Article II, Section 1 sets forth the oath to be taken by the President: "Before he enter on the Executive of his Office": "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States". In your opinion, has President Bush faithfully, consistently, and without exception defended the Constitution of the United States?

17. Article II, Section 2 says "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States". In your opinion, is the President entitled to be regarded Commander in Chief when the Army and Navy of the United States and the Militia of the Several States have not been called into the actual service of the United States?

18. Article II, Section 2 states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur". (a) Do you believe that U.S. participation in NAFTA and the World Trade Organization should have required as treaties a two thirds vote of the Senators present and voting? (b) Do you regard as valid Executive Agreements which may be entered into by the President of the United States?

19. Article III, Section 1 states that "The judicial Power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish". Do you agree that this implies that the Congress may disestablish inferior courts which have been created by statute?

20. Article III, Section 1 says "The Judges, both of the supreme and inferior courts, shall hold their Offices during good Behaviour". (a) How do you define "good behaviour"? (b) If a judge is found to have violated standards of "good behaviour", may such a judge be removed from office by simple majority vote of the Senate, which confirmed his appointment to office?

21. Article III, Section 2 says "The judicial Power shall extend to all Cases, in Law and Equity, arising under this constitution, the Laws of the Untied States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States; —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States…In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make". What restrictions, if any, do you think are permissible on the authority of Congress to limit the appellate jurisdiction of the Supreme Court?

22. Article III, Section 2 stipulates that "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed". The U.N.’s proposed International Criminal Court (ICC) treaty seems to be in clear violation of these provisions. Do you agree that it would be un-Constitutional for the Senate to ratify the International Criminal Court (ICC) treaty?


  Cleon Skousen | January 20, 2006


One of the greatest men I ever met, W. Cleon Skousen, died earlier this month just before his 93rd birthday.

Cleon, a former FBI agent, was the author of many books, some of which I took the time to read and from which I greatly profited.

My family learned much from his lecture series on the U.S. Constitution published by the Freemen Institute.

Two of his nephews, Mark Skousen and Joel Skousen, have been my friends for many years.

In addition to his work for the FBI, Cleon had been Chief of Police in Salt Lake City.

He leaves 70 children, grandchildren, and great grandchildren.

Cleon was a very great man. I most recently met with Cleon at his home in Salt Lake City in connection with a meeting of the Constitution Party National Committee. May he rest in peace.

  Questions for Alito, Part I | January 16, 2006


In observing the confirmation hearings of Judge Sam Alito, it was particularly disturbing to note all of the important Constitutional questions which were not asked. Were I a member of the United States Senate Committee on the Judiciary, here are some of the questions I would have directed to the nominee:

1. What relation, in your view, does the Declaration of Independence bear to the Constitution of the United States?

2. Do you agree with the statement in the Declaration that "all Men…are endowed by their Creator with certain unalienable Rights"?

3. The Preamble of the Constitution asserts that "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty ourselves and our Posterity, do ordain and establish this Constitution for the United States of America". Do you agree that "We the People" are the source of authority for the Constitution and everything in it?

4. How do you interpret the term "promote the general Welfare"?

5. Article I, Section 1 says "All legislative Powers herein granted shall be vested in a Congress of the United States". Do you believe that legislative powers may be exercised by entities other than the Congress? What about the Federal Reserve? May it exercise legislative powers? What about regulatory agencies? What about the Civil Service? What about Presidential Executive Orders? What about international organizations such as the World Trade Organization (WTO)? What about NAFTA? What about the Judiciary?

6. In the event of a national calamity, it is possible that many members of Congress may suffer death or disability. Article 1, Section 5 asserts that "a Majority of each [House] shall constitute a Quorum to do Business". In your view, how ought such a majority be defined? Would it be a majority of the living? A majority of those physically and mentally capable? What would it be?

7. Do you attach any religious significance to the language in Article I, Section 7 which, in defining the time available to the President to consider whether he shall veto a piece of legislation which has arrived on his desk, permits him "ten Days (Sunday excepted) after it shall have been presented to him". Is there a Christian premise to this language in the Constitution?

8. Article I, Section 8 says "The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States". Do you believe that the power of Congress, as stipulated, is limited to those matters set forth in Article I, Section 8?

9. Article I, Section 8 says "Congress shall have Power…To regulate Commerce with foreign Nations". Did Congress violate this provision in accepting U.S. participation in the WTO, in NAFTA, and in CAFTA?

10. Article I, Section 8 says "Congress shall have Power…To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures". Does this not imply that our money shall be of fixed value, not subject to regulation by an entity such as the Federal Reserve?

11. Article I, Section 8 says "Congress shall have Power…To constitute Tribunals inferior to the supreme Court". Does this not suggest that Congress also has the power to abolish Tribunals which it has constituted?

12. Article I, Section 8 says "Congress shall have Power…To declare War". To what extent can the President intrude on this authority?

13. Article I, Section 8 says "Congress shall have Power…To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions". What is your understanding of the term "the Militia"?

14. Article I, Section 9 says "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State". During his tenure as Chairman of the Federal Reserve, Alan Greenspan accepted a title of nobility from the Queen of England. Did this violate, in your opinion, the Constitution, even though Congress had previously legislated a general waiver to this Constitutional restoration?

  News Release - Alito Hearings | January 9, 2006


FOR IMMEDIATE RELEASE  For further information, contact:


Charles Orndorff, 703-281-6782


Howard Phillips, Chairman of The Conservative Caucus, who led pro-life opposition to the Senate confirmation of Supreme Court Justices Sandra Day O’Connor in 1981 and David Souter in 1990 has released the following statement:

"In his opening statement at the Judiciary Committee hearings concerning the nomination of Samuel Alito to the Supreme Court of the United States, Committee Chairman Arlen Specter (R-Penn.) has brazenly misrepresented the facts concerning preconfirmation positions on abortion advocated by Sandra Day O’Connor and David Souter.

"As an Arizona State Senator, O’Connor, on more than one occasion, took a pro-abortion stance. Moreover, she was a strong supporter of Planned Parenthood", Phillips stated.

"David Souter, as the Trustee of two New Hampshire hospitals, Concord Memorial and Dartmouth Hitchcock, helped change the policies of those hospitals from zero abortion to convenience abortion.

"Senator Specter should correct the record and acknowledge that he misrepresented the facts in his opening statement concerning Judge Alito."

The Conservative Caucus, founded in 1974, is a non-partisan, grass-roots public policy action organization.


  News Release - United Nations | January 6, 2006


FOR IMMEDIATE RELEASE  For further information, contact:


Charles Orndorff, 703-281-6782


    Conservatives overwhelmingly agree that it is time  "to get the U.S. to out of the United Nations", according to a poll conducted by The Conservative Caucus Foundation (TCCF).

    Withdrawal from the U.N. had the support of 95.2% of the respondents, while only 2.1% favored staying in and 2.7% were undecided. 

    TCCF President Howard Phillips, when releasing the poll, pointed out that President Bush acknowledged the danger posed by the U.N. when he expressed concern over its International Criminal Court, Kyoto, Landmine, and Test Ban treaties. Later, Bush correctly declared that decisions on national security are not subject to the control of the UN Security Council. 

    However, the President has failed to recognize that the UN's actions show its fundamental hostility toward the independence and liberty of the United States.

    The United Nations poll was conducted by mail from throughout 2005, and included about 1,500 responses.

    The Conservative Caucus Foundation, founded in 1976, has published studies on many foreign policy and defense issues, including China policy, the Panama Canal, the START treaties, and SDI.


  John Diebold | January 5, 2006


John Diebold has died at the age of 79.

I had the pleasure of meeting and conversing with Mr. Diebold in 1960, when along with two of my colleagues from the Board of Directors of Young Americans for Freedom, I had the privilege of addressing a convention of the National Association of Manufacturers. Diebold and I were seated at the head table during one of the events.

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