Reasserting the Spirit of '76; W. H. Hillendahl

Let us seek the roots of that spirit .. Perhaps we may find the key to cur·· ing what the late Dean Clarence Manion termed ((Cancer in the Con·· stitution. "l An examination of the Declara·· tion of Independence will produce! Wesley H. Hmendahl Is Vice President and Dlrectol' of the Economics Division of the Bank of Hawaii. This article Is from an address of November 19" 1980, before the Hawaii Chapter of the Freedoml! Foundation at Valley Forge. w. H. Hillendahl Reasserting the Spirit 01'76 several important clues: (((Men) are endowed by their Creator with cer tain unalienable rights . . . among these are life, liberty and the pur suit of happiness." u •••to secure these rights governments are insti tuted ... deriving their just powers from the consent of the governed." Government is to be founded on principles and its powers organized in such form ((most likely to effect safety and happiness."

Men capable of expressing thoughts such as these had of neces sity developed an inbred sense of self-reliance. They were God-fear ing, Bible-reading people who were accustomed to taking responsibility for their own actions. Whence would they likely receive guidance for these ideas of liberty? We know they in variably looked to the Bible as the source of inspiration and direction. So let us follow their steps. 161 162 THE FREEMAN March James, the President of the church at Jerusalem, was eloquent in translating the spirit of the Old Tes tament law into Christianity. In Chapter 1:25 he wrote: ((Butwhoever looks into the perfect law of liberty and abides in it is not merely a hearer of the word which can be for gotten, but a doer of the work, and this man shall be blessed in his la bor."2 In Chapter 2:11, James ad monished those who have broken the commandments: ((You have be come a transgressor of the law ...

so speak and act as men who are to be judged by the law' of liberty."3 This clearly denotes that individu als are to be held responsible for their choices and actions. Irrespon sible actions are to be judged accord ingly. Paul wrote from Corinth encour aging the Galatians to maintain Christian liberty. Chapter 5:1, ((Stand firm therefore in the liberty with which Christ has made us free, and be not harnessed again under the yoke of servitude." In Romans 8:21 we find that servitude is the bondage of corruption. Then in Gal atians Chapter 5:13 and 14, ((Formy brethren you have been called to liberty, only do not use your liberty for an occasion to the things of the flesh, but by love serve one another. For the whole law is fulfilled in one saying that is: You shall love your neighbor as yourself." Underlying liberty is freedom of choice. We are admonished to make only responsi ble choices. Our actions should focus on service rather than on the accu mulation of wealth as an end in it self. To live within the laws of the Commandments also includes the prohibition of making laws which institutionalize greed, envy, lust, or coveting of property. So herein is the spirit of the law.

The Purposeof Law As to the purpose of law, we may turn to the great English judge, Sir William Blackstone, who said ((The principal aim of society is to protect individuals in the enjoyment of those absolute rights which were vested in them by the immutable laws of nature .... The first and primary end of human laws is to maintain and regulate those (absolute' rights of individuals."4 The Frenchman, Frederic Bastiat, in his pamphlet on The Law wrote: ((We hold from God the gift which includes all others. This gift is life-physical, intellec tual and moral life.... Life, facul ties, production-in other words, in dividuality, liberty, property-this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. ((Life, liberty and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make 1981 REASSERTING THE SPIRIT OF '76 163 laws in the first place. . . . The law is the organization. of the natural right of lawful defense. It is the sub stitution of a common force for indi vidual forces.·And this common force is to do only what the individual forces have a natural and lawful right to do; to protect persons, lib erties, and properties; and to main tain the right· of each, and to cause justice to reign over us all."5 Constitutional Law Power to the People In the United States Constitution we find a codification of the Biblical laws. It provided for the protection of life, liberty, property and the pur suit of happiness. It provided for the freedom of choice of individuals··with implied self-responsibility for their actions,· and the protection of indi viduals against those who would abridge or infringe those rights. A society wherein individuals are free to choose requires a government supported willingly by the consent of the governed. Individuals who choose to be free must be willing to support laws which protect the rights of all others who choose to be free.

This constitutes a free and open so ciety wherein each can choose to serve God and mankind in the ways of his own choice, free from the will of others. At the same time, the men who drafted the Constitution accepted the fact that individuals are corruptible. They are subject to temptation; they can be envious, and greedy; they may steal, or covet property. As someone has said, each man has his price, and it is indeed a rare in dividual who is totally incorrupt ible, given the opportunity to gain power. So their principal concern was how to develop a legal frame work that would prevent corruptible individuals or groups from acquir ing power to infringe on the rights of other individuals. The key word is power. The division of power, fragmentation of power, and the checks and. balances of power ex tend through the entire fabric of the Constitution. A horizontal division ofpower was provided in the form of legislative, executive and judicial separation. A vertical division of power appears in the form of the federal, state and local govern ments. The goal was to limit oppor tunities to concentrate powers taken from the people.

Limiting the Government The Bill of Rights includes a set of specific ttthou shalt nots" which were designed to constrain the federal government from infringing on spe cific individual rights. In substance, the Constitution is a document which was designed to hold in chains the powers and authority of the federal government along with th9se who would use government to further their own ends.

164 THE FREEMAN March For such a system to survive re quires a continual effort toward maintaining the distribution and balance of power at all times. Dur ing a speech in Ireland on July 10, 1790 John Curran warned, ttThe condition upon which God hath given liberty to man is eternal vigilance." The guarantees of ttfreedom to" to choose, to try and to fail-can only be made under a government which is restricted from interfering with individual choices. In contrast, the constitution of the Soviet Union and the United Nations charter are vehicles of unlimited power. Their goals of ttfreedom from"-from war, disease, want, unemployment and the like-can only be enforced by an unlimited central authority and bu reaucracy. Being aware that neither the Constitution nor statutory law can ever change the nature of man, nor force him to be what he cannot or will not be, we may ask how suc cessful were the framers of the Con stitution. We live in an imperfect world. It is an imperfect Constitu tion and. we are imperfect individu als. Yet for nearly two centuries with freedom of opportunity the people of the United States increased their standard of living more rapidly than did those of any other nation in the world. Given the choice, the acid test is whether one would rather live in the United States or some where else in the world. The vast influx of legal and illegal aliens speaks for itself.

The Problems of Government Man Was Made Vain Yet we are troubled today; infla tion, unemployment, economic in stability, housing shortages, high taxes, high interest rates, are but a few of our problems. How do the con ditions underlying the problems of today compare with the concerns and grievances of the Founding Fathers? Let's look again at the Declaration ·of Independence. The signers were concerned about ttrelinquishing the rights of repre sentation in the legislature." Today we are concerned about centralized government and administrative law. In 1776 they were concerned about being ttexposed to dangers of inva sion from without and convulsions from within." Increasing numbers are concerned about our defense posture today and the problems of internal unrest. They complained that tJudges were dependent on the will (of the King) for tenure of their offices." Today's judges are political appointees who, to a significant extent, legislate ac cording to their ideologies rather than seek precedent for decisions.

The Founders were concerned about tta multitude of new offices," and we are concerned about bur geoning bureaucracy. They were concerned about ttim_ 1981 REASSERTING THE SPIRIT OF '76 165 posing taxes without our consent." Who isn't concerned today about high taxes, consent or otherwise? They were concerned about ((de_ prived ... benefits of trial by jury." Today administrative law has gone a long way to the same end, and has altered fundamentally the forms of government. They complained about exciting ((domestic insurrections among· us." Today who is not concerned about crime and personal safety? The very survival of our system is threatened by the encroachment of a totalitar ian ideology. Are we not faced again today with the problems of 200 years ago? We are in fact encountering an ageless collision· with a destructive ideol ogy. Paul wrote in his letter to the Romans 8:20, 21, ((Forman was made subject to vanity ... " (Definitions of vanity include, ((inflated pride of one's self," or ((emptiness, worthless ness." We may ponder the signifi cance of this polarity of meaning.) ((For man was made subject to van ity, not willingly, but by reason of him who gave him free will in the hope that he would choose rightly.

Because man himself shall be deliv ered from the bondage of corruption into the glorious liberty of the Chil dren of God." Or perhaps more clearly, man (of) himself shall be delivered ... Man only by his own choice of responsi ble thoughts and actions can achieve the soul growth that is required to achieve grace, and entrance into the Kingdom of God. But in fact, has he chosen ((rightly"? In spite of the command ment uThou shalt not covet thy neighbor's property," we have per mitted laws to be passed which, taken all together, confiscate almost half of our neighbor's property via taxes in the vain concept of doing good. These vain thoughts manifest in a number of syndromes: • The ((welfare" syndrome which enforces the privilege of the few at the expense of the rights of the in dividuals who constitute the body politic. • The ttfreelunch" syndrome which looks on dollars sent from Washing ton as free. If we don't get them someone else will.

• The ((meddling in the affairs of others" syndrome in which individ uals feel compelled to attempt to solve the problems of others rather than minding their own business and concentrating on solving their own problems. • Similarly, the ((let George do it" syndrome considers today's prob lems to be too complex to be solved equitably at the state or local level they must be sent to Washington. • The ((exploitation" syndrome in which the producers in society are held to have victimized those less stationed. Therefore the producers 166 THE FREEMAN March must be chained with regulations and their ill-gotten profits must be taxed away. • The tcvictims of society" syn drome maintains that criminals are the innocent victims of society-they cannot be held responsible for their crimes or misdeeds; therefore they must be pampered and ttrehabili tated" rather than punished, while many live in fear that they may be the next victims .

• Finally, the tthomogenized milk" syndrome which is destroying all natural affinity groups and is forc ing all people to live and work to gether on the basis of a ttsocial ad justment"· formula of equality based on race, color, creed, or whether one fancies dogs, cats, horses or white rats. These syndromes are all manifes tations of an ideology that is anath ema to liberty. They reflect the atti tude of those who lack faith in the ability of each individual to solve his or her own problems; hence, a forced redistribution of society is necessary to overcome maladjust ments. The thermometer of a redistribu tive society is what? Inflation. Infla tion is a measure of the maldistri bution of wealth via government no more, no less. The underlying motivating forces and the mechan ics of inflation are complex and widely misunderstood. Yet no one in good conscience can deny the neces sity to help those who are in a con dition of misfortune. However, to day much redistributed wealth is going to those who have established vested positions of privilege. The consequence is that regardless of how legitimate a given cause may be, the total burden of aggregate causes on the nation has exceeded the car rying capacity of its productive re sources to the point where inflation is an unavoidable condition. The problem goes far deeper than any transient federal administration, its roots extend back through decades.

Inflation is the manifestation of vain thoughts and ideas applied cumula tively since the Civil War. It repre sents the misapplication of free will and an accumulation of a vast num ber of wrong choices. The Redistribution of Power What have been the mechanics of change wherein these false doc trines have gained ascendancy? Dr. Cornellius Cotter, Professor of Political Science at the University of Wisconsin, appeared before a spe cial Senate committee in April, 1973.6 He remarked: ttyou know, Senator Mathias, it has been said and, I think wisely so-that if the United States ever developed into a totalitarian state we would not know it. We would not know that it had happened. It would be all so grad ual, the ritualism would all be re1981 REASSERTING THE SPIRIT OF '76 167 tained as a facade to disguise what had happened. Most people in the United States, in official position, would continue to do the sorts of things that they are doing now. The changes would have all been so sub tle although so fundamental that people generally would be un aware."

Senator Church responded, ttThat is the way it happened in Rome, is it not?" Dr. Cotter: ttIndeed." Senator Mathias: ttNo Roman was more deferential than Augustus." Dr. Cotter: ttExactly." Senator Church: ttAnd kept the Senate happy, although the Senate had lost its power." So this age-old collision of ideas is producing very subtle changes in the power structure of the United States. The mechanism of change involves power, its balance and the concen tration. Four simultaneous flows have been underway for a century: (1) Power from the Congress to the Executive Branch, (2) power from the Congress to the Supreme Court, (3) power from the states to the fed eral government, and (4) power from individuals to the government. JudicialAbuses Let's examine some of these flows of power. First, the Supreme Court. The Bill of Rights expressly forbids the federal government to interfere with the fundamental personal liberties of individuals in this society.

That's clear enough. As an outfall of the Civil War, the 14th Amendment was adopted in 1868. This amend ment forbids the states to interfere with the rights of the people. How ever, it had a devious intent, namely to give Congress control over the people of the South. But in 1873 the Supreme Court thwarted that intent in the ttSlaughterhouse Cases." For half a century an ideal situation prevailed in which both the federal government and the states were constrained by the Constitution and its amendments from interfering with the liberties of the people. However, in more recent years a subtle but profound change has been effected by the Supreme Court. Dean Clarence Manion wrote, tt. . . . For the 32 years of service together on the Supreme Court, Justices Black and Douglas have been repeti tiously citing each other as author ity for a gross and gratuitous mis construction of the First and 14th Amendments."?

ttThe accumulation of these ma lignant constitutional misconstruc tions of the first eight amendments with the 14th has placed a cancer near the heart of our constitutional system which is proliferated with each successive term of the United States Supreme Court."8 Essen tially, today the Court has legis lated its jurisdiction over the rights of people.by effectively merging the 168 THE FREEMAN March Bill of Rights into the 14th Amend ment and reversing its position in 1873. The specific consequences of the Black and Douglas decision were highlighted in an editorial which appeared in the San Diego Union: uThe United States Supreme Court has returned three more decisions drastically altering the pattern of American life. uFor more than 15 years now the Court has been steadily rewriting the laws and reinterpreting the Constitution to suit the ideological bias or judicial whims of its mem bers ...

~~In recent days the Supreme Court has ridden over states' rights abol ishing residency requirement for re lief, sidestepped a ruling in a case of burning the American Flag, and placed further restrictions on law enforcement by freeing a convicted rapist because the police took his fingerprints in some legal hocus-pocus . u Court majorities in those 15 years have returned more than 30 decisions .... have brought about basic and often demoralizing changes in the fields of politics, criminal pro cedure, religion, race relations, sub version and communism, antitrust laws and obscenity. ~~e Court has told the states how they are to portion their legisla tures, granted avowed Communists the run of defense plants; made a criminal's confession almost iI.J1pos sible to use; approved even second ary school demonstrations against the South Vietnam war; banned prayers or reading of the Bible in public classrooms; ruled that pass ports cannot be withheld from Com munists just because they are Com munists; and held that deserters from the armed forces, even in wartime, cannot be stripped of citizenship ....

ttIn the notorious Keylishian case, a majority opinion held that a col lege professor may not be dismissed for teaching and advocating, in col lege, or anywhere, the overthrow of our government by force and vio lence ...9 The Court, once the ulti mate in both prudence and jurispru dence, is now the darling of the liberal radicals; it has done for them what the Congress has refused to do."1O This is a most concise summary of the consequences of the Court's ab rogation of states' rights and the ju risdiction of Congress. CourtsTake Chargeas CongressForfeitsControl At this point, the more perceptive will grasp the real issue which un derlies the polarization of the Na tion concerning the Equal Rights Amendment. Under the facade of women's rights, the real objective\is to deliver the jurisdiction for defin ing the rights of all individuals into the hand of a congress which has al1981 REASSERTING THE SPIRIT OF '76 169 ready defaulted its jurisdiction to the legislative whims of the Su preme Court. At the heart of the op position to ERA are those who rec ognize its passage would give validity to the Supreme Court's abridgement of the Bill of Rights, and encourage further intrusions into the private affairs of individuals.

As a curtain over these actions, a myth has been erected which holds that Supreme Court decisions are the ((Law of the land." It presumes that once the Court takes a position on a case, every similar case would be adjudged that way. IIi actuality, each ruling is the ((law of the case." It is possible for a court, made up of the same or different justices, to ar rive at a different interpretation if it were to rule on a similar case. Under a second myth, the prevail ing belief is that Congress has no control over the Supreme Court, hence, Congress has no way to re dress the sorties of the Court into the legislative arena. Such an al leged lack of control is far from fact. Congress enacted the first Federal Judiciary Act in 1789 and this act has been employed to apply its un questioned constitutional power over the jurisdiction of all Federal courts. The Congress by a wide margin recently voted to deny the Supreme Court the right to spend appropri ated funds to conduct hearings into school busing cases, in effect, deny ing the court jurisdiction.

Dean Clarence Manion held that a major step will be taken toward rectifying the consequences of the Court's unconstitutional decisions when the Congress restricts, abol ishes or controls selected types of appellate jurisdiction of both the Supreme Court and all other Fed eral Courts. ll A federal court system comprised mainly of judges and jus tic,es who are committed to uphold ing the original tenets underlying the Constitution, can do a great deal to curb the judicial misuses and ex. cesses which have prevailed in re~ cent years. Legislative Abuses For many decades the Supreme Court routinely struck down as un constitutional various acts passed by Congress which infringed on the Bill of Rights. However, over the last two decades the Congress, tak ing its cue from the Black-Douglas Supreme Court decisions, has en acted a number of bills which have intruded ever-increasingly into those rights which were originally held to be out of bounds. These intrusions are being felt by the public in their opportunities for employment, work environment, on the highway, in the air, while shopping and banking, in schools, among family relations and in the home. While obviously ac complishing some benefits, the bulk of this legislation has been under taken in response to the highly vo170 THE FREEMAN March cal, sometimes rowdy, pressure of special-interest groups. In the main, these intrusions have caused vast numbers of people to become out raged, resentful and rebellious.

In its attempts to legislate social justice and equality, the Congress has cut to the core of the mores of the incredibly complex but gener ally balanced and tolerant Ameri can society. The wisdom of those who insisted on including the Bill of Rights in the Constitution is gradually seeping into the subconscience of all but the most hardheaded advocates of re form by coercion. It would be a wise Congress indeed that undertook to reverse or modify these unconstitu tional intrusions which prior con gresses have made over the years. Executive Abuses The scope of the powers of the ex ecutive branch has been expanded enormously, particularly in recent years. Authority of the office of the President has increased while de partments, commissions, boards and agencies have proliferated. Professors Cotter and Smith de termined that the powers entrusted by Congress to the Executive Branch can be grouped in four categories: (1) Powers over persons, (2) powers to acquire property, (3) powers to regulate property, and (4) control of communications. 12 Executive Orders: The President normally employs Executive Orders to·implement the effi~ient conduct of the daily routines of the office.13 However, several presidents have employed Executive Orders to con duct international relations and to effect legislation.

For example, President Roosevelt used an Executive Order in 1933 to establish diplomatic relationships with the Communist regime in Rus sia at a time when it was unlikely that such action by Congress would have been supported by a consensus of the people. Under the pressure of time, the President has employed emergency orders properly in the declaration of national emergencies. However, one would believe that matters as basic as the legal framework for the con duct of government under such na tional emergencies would be given extensive examination by the Con-' gress in the process of passing suit able laws. Such is not the case. President John F. Kennedy issued a series of Executive Orders in 1962 which established a comprehensive legal framework to deal with any national emergency as defined by the President or the Congress. 14 On its face, this would appear to have constituted an unwarranted intru sion into the legislative process.

On October 11, 1966 President Lyndon Johnson issued Executive Order 11310 which continued the process by transferring the author1981 REASSERTING ,]~HE SPIRIT OF '76 171 ity granted under the emergency or ders from the Office of Emergency Planning to the Department of Jus tice. President Richard Nixon also gave attention to updating the emer gency orders while in office. Early in the 1970s Congress be came sufficiently concerned about the existence of national emergen cies· that the. Senate established a Special Committee on the Termina tion of the National Emergency.15 This led in 1976 to the passage of the National Emergencies Act.16 This act terminated all existing declared emergencies and established proce dures and limits for the declaration of future national emergencies. The matter took on new impetus when, on July 20, 1979, President Jimmy Carter issued two new Ex ecutive Orders: (1) E.O. 12148 Federal Emer gency Management, which autho rized a thorough overhaul of both civil and war emergency procedures and placed them under a newly cre ated Federal Emergency Manage ment Council.

(2) E.O. 12149 Federal Regional Councils, which established coun cils for ten standard federal regions, their principal function being to im plement federal programs. Taken separately or together these Executi ve Orders provide wide ranging ramifications when ana lyzed from the point of view of the powers delegated to these Councils. While these structures may be thought of as logical provisions for the implementation of federal pol icy, increasing numbers of states are taking the position that Regional Councils constitute a major intru sion into their autonomy. 17 Such widespread reaction would lead one to conclude that a deep tift has developed in the power struc ture as a consequence of the thrust underlying these Executive Orders. As a consequence of these and other Executive Orders, a broad review by Congress of their use and abuses should lead to establishing guide lines which define appropriate uses of Executive Orders by the Execu tive Branch.

Administrative Law: The myriad of statutes, regulations and codes by which the various departments and bureaus of government administer their operations under the Execu tive Branch constitute administra tive law. In large part they are es tablished to implement details of the broad language of the acts of Congress. These regulations are es sential to the smooth and orderly functioning of government. Nevertheless, the structure of de partments which combines execu tive, legislative, and enforcement or judicial functions, provides a con centration of power and authority which lends itself to potential bu reaucratic abuses. Among many 172 THE FREEMAN March The history of liberty is a history of the limitationof governmentalpower, not the increase of it. When we re sist, therefore, the concentration of power, we are resisting the pro cesses of death, because concen tration of power is what always pre cedes the destruction of human liberties.

-Woodrow Wilson possible examples, congressional hearings have revealed that the de tailed statutes developed in admin istering the Occupational Safety and Health Act (OSHA) went far beyond the intent of the act, and provided the basis for executive abuses and deliberate harassment, .in particu lar of small business. Many are aware of instances in which the An titrust Division of the Justice De partment, using the charge of con spiracy and restraint of trade, has imposed fines and/or jail sentences though the accused firms and their officers were innocent. These firms chose to make payment under a plea of nolo contendere because the legal fees required to establish their in nocence would exceed the fine. Administered properly, govern ment agencies should facilitate trade and commerce, and protect the var ious interests of the people. At best, administrative law can only regu late, prohibit, or constrain individuals or groups from imposing on the rights of others. However, in in creasing numbers of cases the bu reaucracy has gone far beyond its legitimate functions. One may find dozens of magazine and newspaper articles reciting wasteful or counter productive bureaucratic. activities, and arrogant abuses of power.

Today the friction and costs to so ciety of the bureaucracy have reached destructive proportions. These excesses must be brought again under control. The implemen tation of reforms is·too broad a sub ject to address here. A comprehen sive report by the Heri tage Foundation 18 has recommended a broad platform of reforms to Presi dent-Elect Reagan ((to roll back big government." Included are specific recommendations concerning Exec utive Orders and administrative law. Implementation of these recommen dations should go a long way in res toring a proper balance of power. RevitaliZingthe AmericanDream The foregoing are but a few ex amples of the restructuring of power which has been achieved during the last century. They have been se lected to illustrate the vast depar ture from the spirit in which the Constitution was written some 200 years ago. As a consequence, people in all walks of life-both the provid ers and the recipients of govern ment aid-are hurting as they have 1981 REASSERTING THE SPIRIT OF '76 173 never hurt before. The thermome ter-inflation-shows that the wa ters of our economic and political environment -are approaching the boiling point. Not one amongst us is immune to the heat.

In the face of these adversities, a new spirit is emerging in the land. The new religious revival extending from neighborhoods to nationwide television is a new expression of the old Spirit of '76. People are going back to basics. They are thinking, questioning, and organizing. 19 The overwhelming choice by the electorate of a new administration dedicated to redressing these abuses of power is a manifestation of the revival of the spirit. The retirement of many congress men who have aided and abetted this misdirection of power, together with the election of other congress men who affirm the original pre cepts of the Constitution are further manifestations of the spirit. Yet this is only a beginning. We must not expect miracles from any administration, nor can any of us es cape the painful process of readjust ment. We are presently in a position to achieve a victory in this battle. But the foes in the· ageless war for the minds of men are not to be easily vanquished. It will require years of unrelenting effort to overcome the damages which have been incurred by the Republic.

. We know in our hearts that cold, impersonal welfare will never suc ceed loving charity. Government can never provide security to replace self reliance. No government can accom plish those things we must do for ourselves if our souls and spirits are to expand. If we are to restore the American dream we must never again become complacent and allow ourselves to be overridden by those who are in a vain quest for false goals. Let us again restore the balance between spiritual and material val ues. The institutions of church and state are inseparable, they are as inseparable as two ends of a rope, each is a manifestation of the spirit and substance of society.20We·may recall that the spirit of liberty was heralded from every pulpit during our Revolutionary War. I maintain that Spirit of '76 has never really disappeared, we have simply al lowed it to become encrusted with false doctrine.

Paul offered words of encourage ment: UStand firm therefore in lib erty with which Christ has made·us free. Be not harnessed agajn· under the yoke of servitude .... the bond age of corruption."·James urged us: ««So speak and so act as men and women who are to be judged by the law of liberty." Let freedom-loving individuals prevail by reasserting the Spirit of'76. i See next page for footnotes.

174 THE FREEMAN -FOOTNOTESIClarence E. Manion, Cancer in the Consti tution (Shepherdsville, Ky.: Victor Publishing Company, 1972). 2HolyBible, trans. George M. Lamsa (Phila delphia: A. J. Holman, 1957). This version is translated into English from the Aramaic, the language of Jesus and is recognized for accu racy and clarity of expression. 3Thelaw of Liberty within the context of Bi ble usage expresses freedom ofchoice with con sequences. All thoughts and actions cause re actions for which we are to be held accountable. The Law of Liberty is the Christian counter part of the Sanscrit term, Karma. 4James Mussatti, The Constitution of the United States, Our Charter of Liberties (Princeton: D. Van Nostrand Co., Inc., 1960), p.9. 5Frederic Bastiat, The Law, trans. Dean Russell (lrvington-on-Hudson: Foundation for EconomicEducation, Inc., 1950), pp. 5,6,7. (The , Law was first published as a pamphlet in June 1850.) 6U.S. Congress, Senate, Special Committee on the Termination of the National Emer gency, National Emergency, Part 1 Constitu tional Questions Concerning Emergency Pow ers, Hearings before the Special Committee of the Senate, 93rd Cong., 1st sess., April 11,12, 1973, p. 29.

7Manion, p. 33. 8Ibid., p. 35. 9As a consequence of this Supreme Court de cision, by 1975 an estimated 2,000 campus uradical economists" who urespect the point of view of Mao" and who believe in cca socialism of affluence" were members of the Union of Radical Political Economists. (Los Angeles Times, December 21, 1975). IOSanDiego Union, April 28, 1969. llManion, p. 27. 12C. P. Cotter and J. M. Smith, Powers of the President During Crises (Washington, D.C.: Public Affairs Press, 1960). 13Executive Orders are issued by the Presi dent, reviewed by the Office of Legal Counsel and published in the Federal Register. They becomelaw unless rescinded.by Congress within a specified period of time. 14ExecutiveOrders including numbers 10995, 10997,10998, 10999 and 11000, 11001, 11002, 11003, 11004, 11005 and 11051 define proce dures during war, attacks or other emergen cies for executive control of communications, energy, food and farming, all modes of trans portation, civilian work brigades, health, edu cation and welfare functions, housing, public storage and so on.

15U.S. Congress, Senate, National Emer gency. 16NationalEmergencies Act, U.S. Code, vol. 50, sec. 1601-51 (1976). 17Extensive hearings on regional gover nance have been conducted by legislative com mittees in a score of states. The proceedings of these hearings appear in bulletins published by the Committee to Restore the Constitution, Inc., P.O. Box 986, Fort Collins, Colorado80522. 18Charles Heatherly, ed. Mandate for Lead ership (Washington, D.C.: Heritage Founda tion, 1980). 19Foran example of grass roots organization see uThe Pro-Family Movement: A Special Re port" in ConseroativeDigest 6 (May/June 1980). Responding to this movement, Senator Paul Laxalt has introduced S. 1808, The Family Protection Act, designed to strengthen the American family and to promote the virtues of family life. 2°Into the artfully contrived rift between church and state has been driven the wedge of Humanism. According to the book The Assault on the Family, ttAs a religion, Humanism de mands the end of all religions that are God oriented, and the abolition of the profit-moti vated society, so that a world utopian state may be established which will dictate the dis tribution of the means of life for everyone."

See uQur Last Opportunity" in Don Bell Re ports, November 13, 1980.