PRESERVING THE ORIGINAL PRINCIPLES THOMAS JEFFERSON FOUNDED THE REPUBLICAN PARTY (GOP) ON...
"Federal union and Republican government." --Thomas Jefferson
"If Jefferson was wrong, America was wrong; if Jefferson was right, America is right." --James Parton, Life Of Thomas Jefferson
The goal:
Safeguarding peace, liberty & safety for all Americans. Guaranteeing the responsible use of individual freedom within the limits drawn around us by the equal rights of others. Upholding uncorrupted justice in government while not improperly depriving anyone of their rightful liberties.
These United States were and should always be based on "individual rights for all" from the family unit up not "selective group rights" from the national government down.
Defining the rule of law:
Ronald Reagan's Executive Order 12612 --on Federalism (not to be confused with Hamilton's "Federalist Party" which usurped the name but did not believe in actual "federalism.")
Retaining what was accepted as the 1787 Constitutional Convention's final design (the fundamental law the State Ratifying Conventions thought they were setting in stone when they voluntarily agreed to accept the Constitution of 1787) --a decentralized societal organization firmly based on the sovereign right of local self-government; kept intact nationally by a federative union and a Jeffersonian / Madisonian "strict construction" of that Constitution.
October 26, 1987
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation of policies, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this Order:
(a) "Policies that have federalism implications'' refers to regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
(b) "State'' or "States'' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States.
Sec. 2. Fundamental Federalism Principles. In formulating and implementing policies that have federalism implications, Executive departments and agencies shall be guided by the following fundamental federalism principles:
(a) Federalism is rooted in the knowledge that our political liberties are best assured by limiting the size and scope of the national government.
(b) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments, State and national, is formalized in and protected by the Tenth Amendment to the Constitution.
(d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.
(e) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. In Thomas Jefferson's words, the States are "the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies."
(f) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues.
(g) Acts of the national government -- whether legislative, executive, or judicial in nature -- that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers.
(h) Policies of the national government should recognize the responsibility of -- and should encourage opportunities for -- individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort.
(i) In the absence of clear constitutional or statutory authority, the presumption of sovereignty should rest with the individual States. Uncertainties regarding the legitimate authority of the national government should be resolved against regulation at the national level.
Sec. 3. Federalism Policymaking Criteria. In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the policymaking discretion of the States, and should carefully assess the necessity for such action. To the extent practicable, the States should be consulted before any such action is implemented. Executive Order No. 12372 (``Intergovernmental Review of Federal Programs'') remains in effect for the programs and activities to which it is applicable.
(b) Federal action limiting the policymaking discretion of the States should be taken only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope. For the purposes of this Order:
(1) It is important to recognize the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively deal with them).
(2) Constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, there is no provision in the Constitution prohibiting Federal action, and the action does not encroach upon authority reserved to the States.
(c) With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive, Federal oversight of State administration is neither necessary nor desirable.
(d) When undertaking to formulate and implement policies that have federalism implications, Executive departments and agencies shall:
(1) Encourage States to develop their own policies to achieve program objectives and to work with appropriate officials in other States.
(2) Refrain, to the maximum extent possible, from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards.
(3) When national standards are required, consult with appropriate officials and organizations representing the States in developing those standards
Sec. 4. Special Requirements for Preemption. (a) To the extent permitted by law, Executive departments and agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only when the statute contains an express preemption provision or there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption of State law, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute.
(b) Where a Federal statute does not preempt State law (as addressed in subsection (a) of this section), Executive departments and agencies shall construe any authorization in the statute for the issuance of regulations as authorizing preemption of State law by rule-making only when the statute expressly authorizes issuance of preemptive regulations or there is some other firm and palpable evidence compelling the conclusion that the Congress intended to delegate to the department or agency the authority to issue regulations preempting State law
(c) Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated.
(d) As soon as an Executive department or agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the department or agency shall consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict.
(e) When an Executive department or agency proposes to act through adjudication or rule-making to preempt State law, the department or agency shall provide all affected States notice and an opportunity for appropriate participation in the proceedings.
Sec. 5. Special Requirements for Legislative Proposals. Executive departments and agencies shall not submit to the Congress legislation that would:
(a) Directly regulate the States in ways that would interfere with functions essential to the States' separate and independent existence or operate to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions;
(b) Attach to Federal grants conditions that are not directly related to the purpose of the grant; or
(c) Preempt State law, unless preemption is consistent with the fundamental federalism principles set forth in section 2, and unless a clearly legitimate national purpose, consistent with the federalism policymaking criteria set forth in section 3, cannot otherwise be met.
Sec. 6. Agency Implementation. (a) The head of each Executive department and agency shall designate an official to be responsible for ensuring the implementation of this Order.
(b) In addition to whatever other actions the designated official may take to ensure implementation of this Order, the designated official shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a Federalism Assessment. With respect to each such policy for which an affirmative determination is made, a Federalism Assessment, as described in subsection (c) of this section, shall be prepared. The department or agency head shall consider any such Assessment in all decisions involved in promulgating and implementing the policy
(c) Each Federalism Assessment shall accompany any submission concerning the policy that is made to the Office of Management and Budget pursuant to Executive Order No. 12291 or OMB Circular No. A - 19, and shall:
(1) Contain the designated official's certification that the policy has been assessed in light of the principles, criteria, and requirements stated in sections 2 through 5 of this Order;
(2) Identify any provision or element of the policy that is inconsistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order;
(3) Identify the extent to which the policy imposes additional costs or burdens on the States, including the likely source of funding for the States and the ability of the States to fulfill the purposes of the policy; and
(4) Identify the extent to which the policy would affect the States' ability to discharge traditional State governmental functions, or other aspects of State sovereignty.
Sec. 7. Government-wide Federalism Coordination and Review. (a) In implementing Executive Order Nos. 12291 and 12498 and OMB Circular No. A - 19, the Office of Management and Budget, to the extent permitted by law and consistent with the provisions of those authorities, shall take action to ensure that the policies of the Executive departments and agencies are consistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order.
(b) In submissions to the Office of Management and Budget pursuant to Executive Order No. 12291 and OMB Circular No. A - 19, Executive departments and agencies shall identify proposed regulatory and statutory provisions that have significant federalism implications and shall address any substantial federalism concerns. Where the departments or agencies deem it appropriate, substantial federalism concerns should also be addressed in notices of proposed rule-making and messages transmitting legislative proposals to the Congress.
Sec. 8. Judicial Review. This Order is intended only to improve the internal management of the Executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
Ronald Reagan
The White House,
October 26, 1987.
Executive Order 12612: Federalism [Filed with the Office of the Federal Register, 4:33 p.m., October 28, 1987]
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation of policies, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this Order:
(a) "Policies that have federalism implications'' refers to regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
(b) "State'' or "States'' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States.
Sec. 2. Fundamental Federalism Principles. In formulating and implementing policies that have federalism implications, Executive departments and agencies shall be guided by the following fundamental federalism principles:
(a) Federalism is rooted in the knowledge that our political liberties are best assured by limiting the size and scope of the national government.
(b) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments, State and national, is formalized in and protected by the Tenth Amendment to the Constitution.
(d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.
(e) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. In Thomas Jefferson's words, the States are "the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies."
(f) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues.
(g) Acts of the national government -- whether legislative, executive, or judicial in nature -- that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers.
(h) Policies of the national government should recognize the responsibility of -- and should encourage opportunities for -- individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort.
(i) In the absence of clear constitutional or statutory authority, the presumption of sovereignty should rest with the individual States. Uncertainties regarding the legitimate authority of the national government should be resolved against regulation at the national level.
Sec. 3. Federalism Policymaking Criteria. In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the policymaking discretion of the States, and should carefully assess the necessity for such action. To the extent practicable, the States should be consulted before any such action is implemented. Executive Order No. 12372 (``Intergovernmental Review of Federal Programs'') remains in effect for the programs and activities to which it is applicable.
(b) Federal action limiting the policymaking discretion of the States should be taken only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope. For the purposes of this Order:
(1) It is important to recognize the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively deal with them).
(2) Constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, there is no provision in the Constitution prohibiting Federal action, and the action does not encroach upon authority reserved to the States.
(c) With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive, Federal oversight of State administration is neither necessary nor desirable.
(d) When undertaking to formulate and implement policies that have federalism implications, Executive departments and agencies shall:
(1) Encourage States to develop their own policies to achieve program objectives and to work with appropriate officials in other States.
(2) Refrain, to the maximum extent possible, from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards.
(3) When national standards are required, consult with appropriate officials and organizations representing the States in developing those standards
Sec. 4. Special Requirements for Preemption. (a) To the extent permitted by law, Executive departments and agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only when the statute contains an express preemption provision or there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption of State law, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute.
(b) Where a Federal statute does not preempt State law (as addressed in subsection (a) of this section), Executive departments and agencies shall construe any authorization in the statute for the issuance of regulations as authorizing preemption of State law by rule-making only when the statute expressly authorizes issuance of preemptive regulations or there is some other firm and palpable evidence compelling the conclusion that the Congress intended to delegate to the department or agency the authority to issue regulations preempting State law
(c) Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated.
(d) As soon as an Executive department or agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the department or agency shall consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict.
(e) When an Executive department or agency proposes to act through adjudication or rule-making to preempt State law, the department or agency shall provide all affected States notice and an opportunity for appropriate participation in the proceedings.
Sec. 5. Special Requirements for Legislative Proposals. Executive departments and agencies shall not submit to the Congress legislation that would:
(a) Directly regulate the States in ways that would interfere with functions essential to the States' separate and independent existence or operate to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions;
(b) Attach to Federal grants conditions that are not directly related to the purpose of the grant; or
(c) Preempt State law, unless preemption is consistent with the fundamental federalism principles set forth in section 2, and unless a clearly legitimate national purpose, consistent with the federalism policymaking criteria set forth in section 3, cannot otherwise be met.
Sec. 6. Agency Implementation. (a) The head of each Executive department and agency shall designate an official to be responsible for ensuring the implementation of this Order.
(b) In addition to whatever other actions the designated official may take to ensure implementation of this Order, the designated official shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a Federalism Assessment. With respect to each such policy for which an affirmative determination is made, a Federalism Assessment, as described in subsection (c) of this section, shall be prepared. The department or agency head shall consider any such Assessment in all decisions involved in promulgating and implementing the policy
(c) Each Federalism Assessment shall accompany any submission concerning the policy that is made to the Office of Management and Budget pursuant to Executive Order No. 12291 or OMB Circular No. A - 19, and shall:
(1) Contain the designated official's certification that the policy has been assessed in light of the principles, criteria, and requirements stated in sections 2 through 5 of this Order;
(2) Identify any provision or element of the policy that is inconsistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order;
(3) Identify the extent to which the policy imposes additional costs or burdens on the States, including the likely source of funding for the States and the ability of the States to fulfill the purposes of the policy; and
(4) Identify the extent to which the policy would affect the States' ability to discharge traditional State governmental functions, or other aspects of State sovereignty.
Sec. 7. Government-wide Federalism Coordination and Review. (a) In implementing Executive Order Nos. 12291 and 12498 and OMB Circular No. A - 19, the Office of Management and Budget, to the extent permitted by law and consistent with the provisions of those authorities, shall take action to ensure that the policies of the Executive departments and agencies are consistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order.
(b) In submissions to the Office of Management and Budget pursuant to Executive Order No. 12291 and OMB Circular No. A - 19, Executive departments and agencies shall identify proposed regulatory and statutory provisions that have significant federalism implications and shall address any substantial federalism concerns. Where the departments or agencies deem it appropriate, substantial federalism concerns should also be addressed in notices of proposed rule-making and messages transmitting legislative proposals to the Congress.
Sec. 8. Judicial Review. This Order is intended only to improve the internal management of the Executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
Ronald Reagan
The White House,
October 26, 1987.
Executive Order 12612: Federalism [Filed with the Office of the Federal Register, 4:33 p.m., October 28, 1987]
(Unfortunately for the Republic it was later rescinded by Clinton.)
===================================
"This should be the creed of our political faith, the text of civil instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which leads to peace, liberty, and safety." --TJ
"...let those who would change our republican form, stand as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it." --TJ
"the rights of the whole can be no more than the sum of the rights of individuals." --TJ
"a wise and frugal government, which shall restrain man from injuring each other, which shall other wise leave them free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of [this] labor, the bread it has earned." --TJ
"the true foundation of republican government is the equal right of every citizen, in his person and property, and in their management." --TJ
"[the states] are not united upon the principle of unlimited submission to their general [national] government." --TJ
"A little patience, and we shall see the reign of witches pass over, their spells dissolve, and the people, recovering their true sight, restore their government to it's true principles." --TJ
"God bless you, and all our rulers, and give them the wisdom, as I am sure they have the will, to fortify us against the degeneracy of our government, and the concentration of all it’s powers in the hands of the one, the few, the well-born or but the many." --TJ
"justice is the fundamental law of society...the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest, breaks up the foundations of society..." --TJ
"All, too, will bear in mind this sacred principle, that though the will of the [uncorrupted] majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possesses their equal rights, which equal laws must protect, and to violate which would be oppression." --TJ
"Liberty...is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will, within the limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will and always so when it violates the right of an individual." --TJ
"I am not a friend to very energetic [centralized] government. It is always oppressive." -- TJ
"I think my self that we have more machinery of government than is necessary, too many parasites living on the labor of the industrious. I believe it might be much simplified to the relief of those who maintain it." --TJ
"Debt & Taxes are public evils of the first magnitude as they drain capital from the mass of the citizens, divert it from productive enterprise, and support a system of coercion, corruption, & privilege that was the bane of every government and is necessarily fatal to a free one!" --TJ
"An elective despotism is not the government we fought for." --TJ
"Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are the most thriving when left most free to individual enterprise." --TJ
"For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." --TJ
"And they believe rightly; for I have sworn upon the altar of god, eternal hostility against every form of tyranny over the mind of man." --TJ
=====================================
Rejoice, ye States, rejoice,
And spread the patriot flame;
Call'd by a Nation's voice,
To make his country's fame,
And dissipate increasing fears,
Our favorite Jefferson appears!
Taken from: Thomas Jefferson & The New Nation, Merrill D. Peterson
Valuable Philosophical Sources:
- Declaration of Independence July 4th, 1776
- The History of Commonwealthmen and the Early Republicans
- Jeffersonian Republican Platform
- Land Ordinance of 1784
- Opinion on the Constitutionality of a National Bank : 1791
- Virginia Resolution December 24th, 1798
- Kentucky Resolution December 3rd, 1799
- First Inaugural Address March 4th, 1801
- Second Inaugural Address March 4th, 1805
- Draft Declaration & Protest of Virginia, 1825
- Complete Thomas Jefferson Library Catalogue
- "The complete anas of Thomas Jefferson"
- The Papers of Thomas Jefferson
- The Sacred Fire of Liberty & James Madison
- Founders Online: Search (archives.gov)
- Thomas Jefferson Heritage Society (tjheritage.org)
- Ronald Reagan 1st Inaugural Address, January 20, 1981
- Ronald Reagan 2nd Inaugural Address, January 21, 1985
- Ronald Reagan's Major Speeches 1964-1989
- The Public Papers of Ronald Reagan 1981-1989
- Classic/Prophetic TRP Phone Call from 2014 on "Jeffersonian Republicanism..."
- Michael Maharrey, National Communications Director for the Tenth Amendment Center (11/10/17)(TenthAmendmentCenter.com)
- Dr. Kevin Gutzman, Professor and Chairman in the Department of History at Western Connecticut State University, author, Thomas Jefferson Revolutionary: A Radical's Struggle to Remake America (3/23/18)
- Dr. Mark Andrew Holowchak, author, Jefferson scholar, (8/10/18) (Interview #1)
- Interview #2 Dealing with the censorship of the Leftist Orthodoxy (4/5/19)
- Interview #3 Thomas Jefferson's 277th Birthday Celebration! (4/17/20)
- Interview #4 Independence Day (7/3/20) TRP Jeffersonian Celebration!
- Interview #5 Part 1 of 2: Crushing the Leftist "Neo-Bolshevik" Sally Hemings Cult (6/25/21)
- Interview #6 Part 2 of 2: Defining "Jeffersonian Republicanism" (7/9/21)
- Interview #7 The "Woke Washing" & Attempted Cancellation of Thomas Jefferson by the Left (12/3/21)
- Professor Marco Bassani, author, Liberty, State, & Union: The Political Theory of Thomas Jefferson (2/18/22)
- Interview #8 Dr. Mark Andrew Holowchak, The many hats of Thomas Jefferson and his private life! (4/15/22)
- Amazing Interview with Nick from the Georgia Sons of Confederate Veterans! (8/5/22)
- Professor Marco Bassani TRP Interview #2, author, Chaining down Leviathan: The American Dream of Self-Government (3/24/23)
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| Thomas Jefferson Founder of the Republican Party Hero of the Productive Class |
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