Path to Liberty

The first attempt in history to include anti-slavery, free-soil provisions into a national constitutional instrument was written by Thomas Jefferson. Most historians teach us about the slave-owning of Jefferson – which is important history, but they ignore this fact, and the fact that his text of 1784 was copied almost verbatim as Section 1 of the 13th Amendment.

Path to Liberty, Fast Friday Edition: July 15, 2022

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Monticello intro and 13th Text

California African American Museum

Thomas Jefferson Report of the Committee (1 Mar 1784)

Jefferson’s Observations (22 June 1786)

Northwest Ordinance of 1787

Wikipedia page for the Northwest Ordinance

Free Soil Party platform of 1848

Kurt Lash, the Original Meaning of the 13th Amendment

Michael Vorenberg’s book, Final Freedom

Jack Balkin and Sanford Levinson

Thomas Jefferson to James Heaton (20 May 1826)

William Merkel – Seton Hall Law Review

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From a four-step plan to undermine and defeat federal programs in 1788, to a duty to interpose in 1798 – and nullification as a natural right in 1834 – James Madison saw the states and people as essential checks on federal power.

Path to Liberty: July 13, 2022

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Federalist 46 (29 Jan 1788)

Virginia Resolutions (21 Dec 1798)

On Nullification (Dec 1834)

Alexander Hamilton – Federalist 16 (4 Dec 1787)

Episode – The Seeds of Nullification: A Lesson from the Articles of Confederation

Episode – Did James Madison Reject Nullification?

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“Treason against the sovereignty of the people” is how St. George Tucker described usurpation – or theft – of power by government. But this view was nothing new – the founders and old revolutionaries had long understood usurpation to be an act of tyranny, even including it in the Declaration of Independence.

Path to Liberty: July 11, 2022

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Declaration of Independence

George Washington, Farewell Address (19 Sept 1796)

Samuel Johnson – Dictionary of the English Language (1792)

Nathan Bailey English Dictionary (1775)

Thomas Paine – Rights of Man

Algernon Sidney – (1681, published 1698)

John Locke – Two Treatises Chapt XVII (1691)

Thomas Gordon – Cato No. 75 (5 May 1722)

Thomas Paine – letter to the Abbe Raynal (1782)

Alexander Hamilton – Federalist 33

St. George Tucker – View of the Constitution of the United States (1803)

Samuel Adams – Candidus, Boston Gazette (14 Oct 1771)

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“Life, Liberty and the pursuit of Happiness.” We’re all familiar with this from the Declaration of Independence, but there’s much more to our natural rights foundation. Learn from the Founders and Old Revolutionaries.

Path to Liberty, Fast Friday Edition: July 8, 2022

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Natural Rights overview

Thomas Jefferson to Francis W. Gilmer (7 June 1816)

Devin Watkins – How Natural Law Informs our Understanding of the Constitution

Rob Natelson – The Values in the Declaration of Independence

Samuel Adams – The Rights of the Colonists (20 Nov 1772)

Forgotten Foundation: Virginia Declaration of Rights

Natelson – The Values in the Constitution

Luther Martin – Philadelphia Convention (27 June 1787)

Theophilus Parsons – Massachusetts Ratifying Convention (5 Feb 1788)

Thomas Paine – The Rights of Man

TJ Martinell – Of the Natural Rights of Individuals

Thomas Jefferson – Fair Copy – Kentucky Resolutions of 1798

James Madison – On Nullification (1834)

Thomas Jefferson to Issac H. Tiffany (4 Apr 1819)

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Responding to Federalist claims that rejecting ratification would lead to danger, chaos and potential ruin, Patrick Henry took the other side, “it is the fortune of a free people not to be intimidated by imaginary dangers” and urged the addition of a bill of rights first.

Path to Liberty: July 6, 2022

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Intro – from Concordia Univ. Irvine

Patrick Henry to John Lamb (9 June 1788)

Day-by-Day Summary of Virginia Ratifying Convention

Patrick Henry’s Speech of June 7, 1788

Forgotten Foundation: Virginia Declaration of Rights

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Government schools never teach this stuff. But the American Revolution – and the War for Independence – were about much more than “taxation without representation.” The Revolution was about unlimited, arbitrary power – complete and total supremacy over the colonies. And the battles started over a British gun control program.

Path to Liberty, Fast Friday Edition: July 1, 2022

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The Declaration of the Causes and Necessity of Taking up Arms (6 July 1775)

John Hancock – Massacre Day Oration (5 Mar 1774)

Declaration of Independence – full text

Thomas Paine, The Crisis No. 1 (23 Dec 1776)

Episode – Unlimited, Centralized Power: “In All Cases Whatsoever”

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How the British Gun Control Program Precipitated the American Revolution

Gen. Gage’s Offer of Amnesty (12 June 1775)

No Deal: When the British Offered Amnesty in Exchange for Gun Control

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Incorporation – the legal doctrine whereby the Supreme Court applies the Bill of Rights to the states, was not part of the original, legal meaning of the Constitution. Instead, it arose out of the 14th Amendment, and the court first started applying it “selectively” in 1925.

Path to Liberty: June 29, 2022

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Richard Henry Lee – Confederation Congress (27 Sept 1787)

Cato I (27 Sept 1787)

George Clinton – New York Ratifying Convention (11 July 1788)

Hamilton’s Dictatorship: Antifederalist Cato No. 2

Bill of Rights: The Untold Story of Why it Exists

Joint Resolution of Congress Proposing 12 Amendments

Was the Bill of Rights Meant to Apply to the States?

Barron v. Baltimore (1833)

14th Amendment

Slaughter-house (1873)

US v Cruikshank (1876)

Gitlow v New York

Selective Incorporation by Amendment: Cases

General and Unlimited Power: Antifederalist Brutus No. 12

Books:

Dave Benner – 14th Amendment and the Incorporation Doctrine

Randy Barnett and Evan Bernick – The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

Ilan Wurman: The Second Founding

Re-Speaking the Bill of Rights: A New Doctrine of Incorporation (paper)

The Reconstruction Amendments

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Going from despotism – living under the largest government in history – to liberty – isn’t going to be a cake walk. But we’ve got some great teachers on how to get from here to there: the Founders and Old Revolutionaries. In their words – telling the story of our foundation, our path to liberty.

Path to Liberty: June 22, 2022

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Samuel Adams – The Rights of the Colonists (20 Nov 1772)

Thomas Paine – the Rights of Man (1791)

George Mason: Virginia Declaration of Rights

James Wilson – Pennsylvania Ratifying Convention (24 Nov 1787)

James Madison – citing Thomas Jefferson – Federalist 49

Federal Farmer IV (12 Oct 1787)

Abigail Adams to John Adams (27 Nov 1775)

Thomas Jefferson to Joseph C Cabell (2 Feb 1816)

Fisher Ames – Massachusetts Ratifying Convention

Thomas Jefferson – Opinion on the Constitutionality of a National Bank (15 Feb 1791)

James Otis – Argument Against the Writs of Assistance (24 Feb 1761)

George Clinton – New York Ratifying Convention (11 July 1788)

James Madison – Federalist No 48

John Dickinson Fabius IV (1788)

James Iredell – North Carolina Ratifying Convention

Mercy Otis Warren – A Columbian Patriot (1788)

Samuel Adams – Candidus, Boston Gazette (14 Oct 1771)

Thomas Jefferson to Lafayette (2 Apr 1790)

Thomas Paine, The American Crisis IV (12 Sept 1777)

Thomas Jefferson to Rev. Charles Clay (27 Jan 1790)

John Dickinson – Letters from a Farmer in Pennsylvania No I (5 Nov 1767)

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One of the grievances in the Declaration of Independence, the founders and old revolutionaries not only rejected the notion of “arbitrary” government, they considered it the definition of a tyranny.

Path to Liberty: June 20, 2022

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Declaration – full text

Geoff Smock – Journal of the American Revolution

James Otis Jr – 1762

Samuel Adams – The Rights of the Colonists (20 Nov 1772)

Blackstone (1753)

Thomas Gordon – Cato’s Letter No 36 (8 July 1721)

Samuel Adams, James Otis Jr – Massachusetts Circular Letter (11 Feb 1768)

John Adams – Novanglus (1774)

Henry Lee (not Richard, as mentioned in the show) – Virginia Ratifying Convention (9 June 1788)

Luther Martin – January 27, 1788

James Madison – Federalist No. 14 (30 Nov 1787)

Mike Maharrey – a “living and breathing” constitution

Thomas Jefferson – Opinion on the Constitutionality of a National Bank (15 Feb 1791)

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The founding generation repeatedly warned us about the great dangers to liberty posed by large standing armies. The best way to guard against that danger? Prevent the need for them – one of the leading principles behind the 2nd Amendment.

Path to Liberty, Fast Friday Edition: June 17, 2022

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Joseph Warren – Massacre Day Oration (March 1775)

Samuel Adams – Letter to James Warren (1776)

George Mason Virginia ratifying convention 14 June 1788

We Were Warned: The Founders on Standing Armies

James Madison – Philadelphia Convention (23 Aug 1787)

James Lovell – Massacre Day Oration (1771)

James Madison, Speech Proposing Bill of Rights (8 June 1789)

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