Category: Commentary

    Federalist 51 by Dianna Greenwood

    Federalist 51 by Dianna Greenwood

    January 30, 2025 by Stephanie Phelps in /

    Can one branch of government claim authoritative legitimacy over another branch of government?

    Publius (James Madison) tackles this question in Federalist 51 by outlining how government is divided to avoid the scenario of one branch of government claiming absolute authority over another branch of government. Federalist 51 also extended Federalist 10, which spoke of factions. Here, Publius expands many aspects of his arguments in Federal 10, which focused on extended factions, and he goes back to that argument while also informing the reader on how the distinct powers of each branch prevent another branch from claiming authoritative legitimacy over another branch.

    Publius firmly establishes at the beginning of the piece that to maintain a partition of government; it is important that “the defect must be supplied, by so contriving the interior structure of the government, as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.”[1] Our Constitution does this in several ways, such as allowing an executive to veto legislation and appointing a lifetime position to the Supreme Court. Additionally, the Constitution lays out a series of steps for the election of the President and members of Congress. The President is elected every four years, while Representatives are elected at two-year intervals and Senators 6 six-year intervals, with The Senate, divided into thirds so that one-third of the Senators are up for election every two years. By making the Supreme Court a lifetime appointment, a justice is not continuously beholden to the President who appointed him. Finally, in order for the appointment to be final, the Senate must consent to it.

    Publius continues his argument by noting that because of its specific requirements, the judicial branch’s selection of judges by the people would be impractical; therefore, we may not get the best-qualified judges if it were up to the voters. Since the appointment to the judiciary is permanent and would exceed the term of the executive branch appointing them, dependency on the executive branch is destroyed.

    However, it is not only through staggered elections or permanent appointments that each branch would stay independent but also through the specific jobs they must perform, which are then checked by other branches. Here, Publius issues his famous quotes: “Ambition must be made to counteract ambition” and “If men were angels, no government would be necessary.” This means that each branch must check itself and be checked by the other branches because human nature is such that abuses would arise if no checks were in place. For example, the House originates legislation, and the Senate then carefully deliberates on each piece of legislation and then sends it back to the House or lets it die. Once all the differences are worked out, the legislation goes to the President, who either signs into law or vetoes. If the President vetoes the legislation, Congress has a certain number of days to override the veto. Finally, the people can oppose the legislation through the courts, which would review it and determine if it is constitutional or not. Now the court could strike down a law, which doesn’t necessarily mean that the executive is forced to listen to them because it is a separate branch. However, tradition has necessitated that the executive adheres to the judicial decision.[2]  That being said, it does not mean that the Supreme Court is the final authority because Congress can go back and revise the law, pass it, and send it to the President again in a different format.

    There is yet another avenue available to the people to check the national government: our compound republic, which is divided into two main governments (national and state), with one being divided even further. The state governments are also elected by the people and not appointed by the national government. Furthermore, within the states, there is a further division of government at the county and local levels, which have their own distinct functions. Each has a check on the other level and the national government. The state generally checks on our national government by using the court system or the compact provision of the Constitution. These are small but significant steps the Founders worked into our national government to slow down and control the potential abuse of government.

    Publius touches on factions again, but I will not go into further discussion on this subject other than to highlight religion in America and why we do not have a state-sponsored religion. Here, Publius makes his firmest argument for factions in an expanded republic because of the many different religious sects in the United States – even in 1787. The national government’s authority is “derived from, and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or the minority, will be in little danger from the interested combinations of the majority.” Therefore, religious freedom prevails because of the expansion of the republic, the variety of religious sects, and the differences within those sects across the country. This litmus test can be applied to many other factions or specific interests a government would undertake. Because of the divisions of government, the divisions within each branch make it difficult for the majority to oppress the minority. This does not mean that it has not been attempted, but that different branches of government can tamp it down.

    Publius ends the paper by noting, “Justice is the end of government. It is the end of civil society,” all means of obtaining it have been instilled in the Constitution as best as possible to ensure fairness for the people of the United States. He ended the paper with the example of Rhode Island being an independent country and a limited sphere, highlighting the ability of a majority to take over and oppress the minority. However, this is less likely to happen with the expanded sphere of the United States and its division of government under the newly created Constitution. The larger sphere and division of government are more practical in ensuring the liberties of its citizens.

     

    [1] Hamilton, Alexander, John Jay, James Madison, George W Carey, and James Mcclellan. 2001. The Federalist: The Gideon Edition. Indianapolis: Liberty Fund. Pg 267

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    [2] “Executive Enforcement of Judicial Orders | Federal Judicial Center.” Fjc.gov, 2020, www.fjc.gov/history/administration/executive-enforcement-judicial-orders.

    Extension of the Sphere, by Contributing Writer Dianna Greenwood

    Extension of the Sphere, by Contributing Writer Dianna Greenwood

    January 23, 2025 by Stephanie Phelps in /

    Why does the Constitution promote the extension of the sphere of influence and is this good for the country and for free people? It is a question worth asking in this day and age when so many of our young people are being influenced by Marxist and socialists who deem our form of government as reprehensible. A government that by its very definition is racist towards the less fortunate and minorities. I contend it is not because through its creation we have been able to avoid those sorts of governments which suppress freedom and cause more harm to the human condition.

     Extending the sphere of influence in government is the real innovation of the American Constitution because it encourages growth in land mass and population of the country. It suppresses the influence of factions to cause disunity and eventual failure of the government. Finally, it allows liberty to be preserved for the betterment of the union and humanity.

    An extended sphere is where a country is spread over a large area with a large number of people. Hamilton stated that it is “the consolidation of several smaller member states into a one great confederacy.[1]” While he noted Montesquieu’s idea for a small extended sphere is in proportion to its dimensions, Hamilton said that it doesn’t work in America because of the size of the states in terms of area. Were we to follow Montesquieu’s recommendations, we really would be no better off than we were under Great Britain’s rule because monarchies could form, or we would be split into several small commonwealths that form rivalries with each other. Therefore, the idea of extending the sphere is to amass land and more people to reduce those jealousies that manifest themselves into factions. If we don’t, then powerful factions can form which would be detrimental to the preservation of the union.

    Extending the sphere is a way to suppress factions from producing “instability, injustice, and confusion[2]” which can lead us down the road to disunion and tyranny. Factions in a small republic “whether amounting to a majority or a minority[3]” can be adverse not only to people’s rights but also to the community because they are motivated by their passion for a single interest regardless of whether or not it is good for the community. Since people have different interests and opinions, the strength of factions is reduced when the number of individuals in a country increases. As such when the sphere is extended, by population, it becomes less likely a strong faction will form. In addition, when the populations are spread out over a large area, the people will naturally form different interests, even if they perform the same type of job. For example, a farmer in New England raising cranberries is not going to have precisely the same concerns or interests that a farmer in Georgia raising cotton is likely to have. In this example both individuals have a general farming interests, but the interests are vastly different making it harder for a large cohesive faction to form and suppress the interest of non-farmers in the union.

    In addition to removing majority or minority factions which oppress the interest and/or rights of the community; extending the sphere forces the government to grow from a direct democracy to a representative government. If we are spread out over a larger area it makes it hard for everyone to directly participate in government. Not only does this prevent majority factions from forming but, as Madison notes in Federalist Paper 51, “by comprehending in a society so many separate disruptions of citizens, as will render an unjust combination of a majority of the whole improbably if not impractical,” prevents heredity or self-appointed rule. Therefore, the extended sphere lessens the opportunity for tyranny by breaking up majority factions into diverse factions spread over a large area.

    Good government is ensured with representatives rather than direct democracy, where the self-appointed ruler can rise out of mob rule. Liberty is preserved because a majority or minority faction is not suppressing the rights or interest of the community because the community is now composed of a large number of people over large areas. Finally, the union is preserved because liberty has been preserved through the prevention of large factions by the extension of the sphere through land acquisition and population growth.

    [1] Federalist Paper #9, Gideon Edition, pg. 30 Paragraph 1

    [2] Federalist Paper #10, Gideon Edition, pg. 42 Paragraph 1

    [3] Federalist Paper #10, Gideon Edition, Pg 43 Paragraph 1

    14th Amendment: Birthright Citizenship or Freedom from Slavery? – by Dianna Greenwood

    January 10, 2025 by Stephanie Phelps in

    “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    Birthright citizenship or anchor babies have been in the news for many years now, causing a multitude of controversy because we know that there are pregnant women crossing the border to have their children in the United States and therefore claim residency. This has been fueled by a lack of enforcement of our immigration laws and by the Democrat Party who are courting voters to turn our constitutional republic into a pure democracy.

    The use of the 14th amendment to establish birthright citizenship for the babies of illegal immigrants is a misuse of an amendment that was passed as part of the Reconstruction Amendments that directly affected Black Americans after the end of the Civil War. Historically speaking the Reconstruction Amendments consist of the 13th, 14th, and 15th amendments to the U.S. Constitution. The 13th amendment ended slavery in the US but was riddled with problems such as enabling criminal punishments of involuntary servitude and the establishment of black codes because of its ambiguous wording.[1] Thus the 14th amendment was introduced to counter the problems arising from the 13th amendment.

    In its entirety, the 14th amendment compromises five sections and more words than any other amendment. It was conceived by John Bingham of Ohio who believed that Reconstruction should place “limitations upon the States in favor of the personal liberty of all citizens of the Republic.”[2] His initial proposals in February of 1866 were considered to be too sweeping and would not be implemented. This would result in the first Civil Rights Act dubbed the Civil Rights Act of 1866. Later, they returned to the idea of a constitutional amendment when President Johnson vetoed the Civil Rights Act. The Congressional record at the time showed the first section caused rigorous debate much like today and the other sections of the amendment are direct answers to confederacy issues such as repayment of debt, eliminating the 3/5th clause, leadership until the 5th section which deals with the assertion of congressional enforcement power.

    Our concern in this paper is Section One and whether or not it grants automatic citizenship to children born to illegal aliens. First, we need to look at the original intention of the amendment writers. Their intention was to ensure that black citizens who were born in this country prior to its enactment were citizens now rather than slaves. The intent of the first sentence is to overturn the horrendous Dred Scott Decision of 1857 which stated that Black slaves were not eligible for citizenship even though they were born in the several states. The amendment continues on to say “and are subject to the jurisdiction there of” would also be citizens of the United States. Prior to the implementation of the Constitution citizens of one state were aliens in another state as each state (colony) at the time had a sovereign right to establish their own laws. Upon the ratification of the Constitution, this changed and “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” Thereby making each citizen of a state also a citizen of the United States at large and naturalization in each state unnecessary.

    This intent of creating citizenship for former black slaves is further stated by Senator Howard in his speech introducing the 14th amendment to the 39th Congress. He specifically states “This abolishes all class legislation in the states and does away with the injustice of subjecting one caste of persons to a code not applicable to another. It prohibits the hanging of a black man for a crime which the white man is not to be hanged. It protects the black man in his fundamental right as a citizen with the same shield which it throws over the white man.”[3] He and others who were proponents of the amendment were specifically talking about the injustices that had been faced by the black man (peoples) since the end of the Civil War. Therefore, it ended the practice of denying citizenship, as laid out by the Dred Scott Decision of 1857, on ethnicity. As such it had nothing to do with immigration and conferring citizenship upon the offspring of those who illegally entered this country. But instead, it was intended to grant citizenship to Black Americans who had been born in this country prior to 1866.

    Now there will be people who argue against this and will use other sections of Senator Howard’s speech to prove they meant to apply it to everyone under every circumstance. Such as when he states, “It will, if adopted by the states, forever disable every one of them from passing laws trenching upon those fundamental rights and privileges which pertain to citizens of the United States, and to all persons who may happen to be within their jurisdiction.”[4] Again we are injecting modern beliefs rather than looking at what they meant  and the circumstances at the time of the amendment’s introduction. But more specifically the writers of the amendment use the word “citizen” to describe who is protected under our laws and Constitution. So, the question becomes can a child born of illegal aliens be a citizen when the parents are not subject to the jurisdiction of the country? The 14th amendment doesn’t address that, and it was never intended to address that issue so it should not be used as justification for granting citizenship to children born in this country to illegal aliens who have broken our laws to live here. Let me make this clear least someone accuse this writer of racism due to the large influx of illegals and anchor babies who are Hispanic – this opinion is colorblind. The use of the 14th amendment to justify granting citizenship to the children of any illegal alien regardless of race, creed, color, religion, or ethnicity is wrong and counter to the intent of the 14th amendment.

    The debate over the 14th amendment is a prime example of why Civics and historically accurate history should be taught in schools across this nation.

    [1] Constitutional Amendments – Amendment 14 – “Citizenship, Equal Protection, Apportionment, and War Debts” | Ronald Reagan

    [2] The 14th Amendment: A “Mini-Constitution” | Teaching American History

    [3] Speech Introducing the Fourteenth Amendment | Teaching American History

    [4] Speech Introducing the Fourteenth Amendment | Teaching American History

    Great Gift Ideas for that Special Republican!

    November 23, 2024 by Stephanie Phelps in / / / / / /

     Great gift ideas for that special Republican in your life! These items are available for purchase and pickup at our office or purchase online HERE

    Bastrop County Republican Office.

    443 Highway 71 West Bastrop Texas 78602

     To have your purchase shipped, please email us at

    ~ BCRP’s own Tumbler. Perfect for your hot or cold beverages. $20.00 ~

    ~ An AUTOGRAPHED copy of “TARGETED” One Mom’s fight for life, liberty and the pursuit of happiness, by Lindsey Graham, The Patriot Barbie. $20.00 ~

    Online Order form HERE

     

     

    Veterans Day Message, by contributing writer Dianna Greenwood

    November 11, 2024 by Stephanie Phelps in / / / /

    On this date, 106 years ago at the 11 th hour of the 11 th day of the 11 th month, the Allies signed a ceasefire agreement with the Germans at Compiégne, France. This date, at the time, was regarded as the end of World War I or “the war to end all wars.” However, this was only a ceasefire and World War I would not officially end until June 29, 1919, when the Treaty of Versailles was signed just outside of Versailles, France at the Château de Versailles. One year after the ceasefire was signed, President Wilson proclaimed the first Armistice Day as Veteran’s Day was then known. Since then, we have commemorated this day every year. The sacrifices that countless veterans have made since World War I have not gone unnoticed, and we give tribute to all veterans whether deceased or alive because without them we would not have the freedoms we enjoy today. This is vastly different from Memorial Day which is a day set aside to honor those who gave the highest sacrifice, their lives to save our freedom.

    Our history is replete with men answering the call to duty from Jamestown up to today and it is woven into the fabric of America. It is what makes us the greatest nation on earth, and it is a spirit of not only individualism but of pragmatism, honor, and duty. It is really the fabric of America and something that most people in the world cannot understand until they actually experience it.

    In Jamestown, a group of British men initially come as part of the Virginia Company to make money and find the northwest passage among other things. They were to be run by those back in London and their sole responsibility was to work for the Virginia Company but soon the hardships of living in the New World would appear; from dealing with local Native tribes to starvation and near annihilation from disease and tribal attacks they endured hardship, death, starvation, and mismanagement until finally they realized the system they were living under in this new world was unworkable and needed to be changed.

    Through that hardship, the first representative assembly now known as the House of Burgess was formed. While this is not a military issue, it is here that the roots of liberty unknowingly begin to take place. Those roots of liberty would grow into the American Spirit which appears in 1775 resulting in thousands of men willing to sacrifice their lives for their fellow citizens so that all could live unencumbered by a monarchial government.

    And since then, our fellow citizens have answered the call of duty to serve and protect this nation and its values repeatedly. We honor all of those who came before us and gallantly served starting with the American Revolution, through the War of 1812, the Texas Revolution, the Mexican War, the Civil War, the Spanish American War, World War I, World War II, Korea, Vietnam, the Cold War, the Gulf War, and until now with the Afghanistan and Iraq War. Never before in the history of the world have so many people been freed from the constraints of tyrants and allowed to enjoy the fruits of liberty should they choose to. It is veterans, who we can thank, that accepted the call to arms to preserve, protect and defend liberty and freedom.

    To all veterans we thank you, but especially our American Veterans both living and dead whom without you and your courage, we would not exist as a country. You are an inspiration to us all.

    2024 General Election Voter Guide Featured

    October 14, 2024 by Darrell Smith in / / / / / / /

    The Bastrop County Republican Party (BCRP) and Lost Pines Republican Women (LPRW) joined together to generate a 2024 Voter Guide  for early voting and on Election Day November 5th, 2024.  Available in English and Spanish.

     

    Remember cellphones and other digital devices are not permitted inside the polling place, but you can take the red boxed tear off section of candidates on the last page of the Voter Guide as your helpful notes.

    Leadership Institute GOTV Tour

    August 30, 2024 by Mark L. Torrey in / / / / /

    If you have concerns for Election Integrity, Motivating your neighbors, Participating in the Election process, or just want to learn more, The Leadership Institute is looking for you to sign up to their Get Out The Vote training seminar. Please review the graphic below to see what will be presented. Click HERE for more information, or HERE to pre register. The seminar is is well worth the investment.

    August Informational Meeting Alternative

    July 27, 2024 by Mark L. Torrey in / / / / / / /

    In lieu of our normal 4th Monday Informational Meeting, the Bastrop County Republican Party is partnering with several other Bastrop County and Central Texas organizations to present …

    Kimberly Fletcher, Moms for America Founder, President & CEO

    Monday, August 19, 2024

    Time: Doors open at 5:30pm for networking, Meeting starts at 6:30pm 
    Location: Southside Market & BBQ, 1212 US-290, Elgin, TX 78621

    Topic: Real-time current coverage of events of the day

    In Partnership with …

    • Bastrop County Republican Party
    • Bastrop County Conservatives
    • Bastrop County Young Republicans
    • Lee County Republican Party
    • Lee County Conservatives
    • Austin County Republican Party
    • Milam County Constitutional Conservatives
    • Travis County Republican Party
    • Williamson County Republican Party
    • Citizens Defending Freedom Williams County
    • Fredericksburg Tea Party
    • Washington County Republican Party
    • and more … 

    Kimberly Fletcher is the Moms for America Founder & President.  We’re excited to hear how MFA is Empowering Moms, Promoting Liberty, and Raising Patriots by providing educational resources, programs, and events to support moms in nurturing a love of liberty in the home, advance freedom in their communities, and protect it with their vote.   Click here for more information on Moms for America.

    August 12th Update:  Jessica Colon, Donald J. Trump’s Texas State Campaign Director, will address the meeting with thoughts on campaign status, election, support and more.   Don’t miss out! 

    Visit the Moms for America website and find out about some of their upcoming events!

     

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    July Informational Meeting followup

    July 26, 2024 by Mark L. Torrey in / / / / / / / /

    One of our best attended Informational Meetings so far, with a full house and some of us standing in the hallway.  Sergeant Miller spoke on the presence, dangers and Bastrop County Sheriff’s Office reduction efforts of the Fentanyl epidemic sweeping our County, State and Nation, and answered several questions at the end.  The biggest take away is being aware of the symptoms:

    • slow, shallow breathing or respiratory distress
    • slurred speech
    • loss of consciousness

    These can quickly become serious health problems, resulting in permanent injury or death. The next biggest is knowing what forms Fentanyl is typically trafficked:

    • pills
    • powder
    • liquid

    Don’t take chances and certainly DO NOT TOUCH anything suspicious, such as small plastic baggies with unknown pills, powder or other substances.  It could contain products that, in the smallest quantities could cause you or others irreparable harm or death. If you see or find anything suspicious, or encounter someone who might need medical assistance Call 911 immediately.   If you have any questions or would like further details, please call Bastrop County Sheriffs Office .

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