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| January 2006
for Alito, Part II | January 31, 2006
JUDGE ALITO SHOULD HAVE
BEEN ASKED THESE QUESTIONS: PART II
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?
TO BE CONTINUED
Skousen | January 20, 2006
CLEON SKOUSEN: A GOOD, GREAT, AND GODLY MAN
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
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.
for Alito, Part I | January
JUDGE ALITO SHOULD HAVE
BEEN ASKED THESE QUESTIONS (PART I):
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
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
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
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
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?
Release - Alito Hearings | January 9, 2006
|FOR IMMEDIATE RELEASE
||For further information, contact:
|Charles Orndorff, 703-281-6782
PHILLIPS ASKS JUDICIARY
COMMITTEE CHAIRMAN ARLEN SPECTER TO CORRECT HIS STATEMENT
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
"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
"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
Release - United Nations | January 6, 2006
|FOR IMMEDIATE RELEASE
||For further information, contact:
|Charles Orndorff, 703-281-6782
CONSERVATIVES SAY IT'S TIME TO LEAVE THE UNITED NATIONS
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%
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
Diebold | January 5, 2006
A BRILLIANT PIONEER IS
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
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