Will the Real Institute on the Constitution Please Stand Up?

Last week, a representative of the Institute on the Constitution, John Lofton, touted a  new initiative to alert elected officials that they must administer God’s law rather than make their own laws. Called the God and Government project, Lofton wants followers to go to town council, school board and other local government meetings with 2-3 minutes speeches promoting the IOTC view of civil government.  You can read all of them at the link, but I will cite the first one.

Suggested Statement for Those Going Alone
(The greeting you are most comfortable with but one that is respectful)
My name is __________________. And I wanted to come here this evening to tell about what God says is the duty of those holding the public office you hold.
In the 13th chapter of the book of Romans in the New Testament, God’s says that those who govern us, such as this (yourselves, this Council, whatever) are ministers of God — that actual word “minister” is used. And that you are a minister of God to us for good, for good, as defined by God’s Word. And that you are, conversely, to bring wrath on those who are evil — evil as defined by God’s Word.
Thus, your job is ministerial and not legislative. Your job is to administer and apply God’s Law. And this means it is not the role of government to house or feed or clothe or give health care or education or welfare to anyone.  There is no Biblical authority for that kind of thing. The provision of those things is the job of Christ’s Church.
Romans 13 also tells us that a law is just or unjust depending on whether it is in accord with what God says or whether it is at odds with God’s Law. That is the teaching of the Bible, St. Augustine, Thomas Aquinas, the British jurist William Blackstone and Martin Luther King in his “Letter From The Birmingham Jail.”
In that “Letter,” Dr. King said, and I quote: “A just law is a man-made code that squares with the moral law or the law of God….An unjust law is a code that is out of harmony with the moral law,” unquote. King said, and again I quote him directly: “We should never forget that everything Adolf Hitler did in Germany was ‘legal’.” The word legal in this letter is in direct quotes, King’s point being that what Hitler did in Nazi Germany was not  legal because it was against the Laws of God.
Thank you very much. And may God bless us all as we obey Him.

There is a lot wrong here, but I want to focus on the surprising citation of Martin Luther King, Jr.
Let’s review: The IOTC’s founder and director is Michael Peroutka who is a board member of the neo-Confederate, Southern secessionist League of the South. Peroutka pledged the resources of the IOTC to the League and even told a League audience that he acquired what he knows about government from the League. What does the League think of Martin Luther King, Jr.?
One could start with this review of a book on Martin Luther King, Jr., by John Lofton. After reviewing recitations of allegations about King’s character and morality, Lofton concludes:

In a nutshell,’ what Mr. Garrow’s book demonstrates is that King was one of the most grossly immoral hypocrites in American history.

and then

Well, indeed, Martin Luther King was not a saint, to put it charitably. And thanks to the scholarship of David Garrow, we now know that he was “perhaps worse” than even Buchanan imagined. But to think that this man is honored with a national holiday, and for as much as a week at a time he is honored as a saint in thousands of our public schools. What a disgrace! 

If he is such immoral person, then why quote him Mr. Lofton?
Then, in a press release in 2005 from the League of the South on Martin Luther King, Jr. Day we learn the League’s view. Written by Peroutka’s fellow board member and League president Michael Hill, the release leaves no doubt about the League’s position on King:

In a day when every facet of traditional Anglo-Celtic Southern heritage is called evil—including the thoughts and actions of Lee and Jackson—I am in no mood to mince words. The “Reverend” “Dr.” Martin Luther King, Jr., far from being the saint of recent liberal myth, was nothing but a philandering, plagiarizing, left-wing agitator. Conversely, Lee and Jackson were paragons of Christian manhood, though not without fault. But this year, as always, King is the object of veneration by liberals of every color and stripe, while Lee and Jackson are held in utter disdain. Even some so-called “conservatives” sing MLK’s praises, choosing to keep silent about Lee and Jackson, in hopes that they will not be called “racists” by the left-wing media.

and…

Only a sick and reprobate society would elevate Martin Luther King, Jr., and demonize Robert E. Lee and Stonewall Jackson. The former sought to manipulate white guilt and use the power of national government for the ends of black racial advancement; the latter risked their lives on the field of battle to preserve the true principles of Constitutional government and the integrity of their homeland. To King and his ilk (both then and now), the U.S. Constitution and the Bible are nothing more than words to be twisted in service of the liberal vision of the good life. To Lee and Jackson, and those who honor them, they are the wellsprings of Christian liberty and prosperity.

There can be no compromise between the worldviews of those who follow MLK and those who salute Lee and Jackson. Moreover, there is no way that a man can, in good conscience, pay homage to both sides at the same time. 

At present, the IOTC appears to pay homage to both sides. On one hand, Michael Peroutka writes for League publications, speaks at League meetings, gladly joined the League’s board of directors and pledged the resources of the IOTC to the League. On the other hand, his organization favorably cites Martin Luther King, Jr. What a hypocritical ploy this is.

King’s letter from the Birmingham jail was addressed to clergy who opposed his non-violent resistance approach to inequality. The League of the South has no sympathy for African-Americans who suffered under Jim Crow laws and worse. In fact, Michael Hill defended Jim Crow laws. In a League essay, Hill said:

Whereas whites and blacks in the antebellum South had lived and worked together in close proximity, once the situation changed at the end of the war (especially with the passage of the Reconstruction amendments) some new arrangement became necessary if whites were to preserve their society. Few Southerners of the late nineteenth century believed that whites and blacks could live together in a state of equality without serious social consequences for both races. Therefore, postbellum Southern blacks were disenfranchised and “Jim Crow” laws resulted in a segregated South (today “Jim Crow” has been replaced by what might be called “Jim Snow” policies that discriminate against whites). Through these measures white Southerners were able to exert some control over a still primitive black population. Nonetheless, the “black community” of the late nineteenth century began to experience problems largely absent prior to 1865: black-on-black crime, illegitimacy, abject poverty, disease, and family disintegration, among others. Despite trillions spent on welfare and other programs, these problems–and many others–still plague the “black community” in the present day. Clearly there is an ever-present problem here that emancipation and money did not solve. 

In another essay (see also this one), Hill decried the civil rights movement led by King:

Sadly, our true interests were compromised and sold for a mess of pottage by our so-called leaders a long time ago. For instance, if the South had had real leaders of the people there would have been no second reconstruction known as the civil rights movement. 

Either the IOTC has betrayed the League or there is an effort to obscure the sentiment of the League to which the IOTC has been pledged.  If the IOTC really wants to celebrate civil rights and the legacy of King, publicly and decisively step away from the League of the South.

League of the South President Says Immigration Reform Could Spark True Civil War

Michael Hill, president of the League of the South appeared on the American Nationalist Network on Saturday (8/3). The ANN is the radio arm of a new white nationalist organization, the American Nationalist Association. It appears that the ANA leaders are Holocaust deniers/revisionists.
On the program, among other things, Hill said if the Congress passes immigration reform, there will be a secession or a civil war. At 47:40 into the interview, Hill says:

Michael Hill: You talk about a transformation in 1965? That would be a slow and gradual transformation compared to what will happen if they pass this amnesty act in 2013 or 2014. The changes there will be immediate and drastic.
Rodney Martin: Absolutely.
Hill: The South will either leave the union, or there will be another civil, a true civil war.
Martin: You know, you mention civil war, I think if they do, if they ramrod this amnesty bill through, then I think where I talked about the United States being a Soviet Union, I think overnight, we become Yugoslavia, and it becomes not a pretty picture.
Hill: It’s going to be extremely ugly.
Martin: I’m not sure that this power elite in Washington really understand how people feel about when they look out their front doors and see that their government, obviously its not our government anymore, they don’t represent us. They’re looking to replace us. They’re looking to ethnically cleanse us from our own lands.
Hill: This is genocide.
Martin: That’s exactly what it is.
Hill: This is genocide; this is anti-white genocide.

The American Nationalist Association promotes the American National (radio) Network. One of the first guests was David Duke; other early guests were leaders in the American Nazi Party. On their website, the ANA lauds Hitler and Goebbels in a section of the website titled “fundamental truths.” The Hitler quote indicates their position on Jews:

“He who would live must fight. He who does not wish to fight in this world, where permanent struggle is the law of life, has not the right to exist.”
“Should the Jew, with the aid of his Marxist creed, triumph over the people of this world, his Crown will be the funeral wreath of mankind, and this planet will once again follow its orbit through ether, without any human life on its surface, as it did millions of years ago.
And so I believe to-day that my conduct is in accordance with the will of the Almighty Creator. In standing guard against the Jew I am defending the handiwork of the Lord.”
– Adolf Hitler, Mein Kampf

Earlier in the broadcast, Hill advertised the League of the South’s rally against demographic displacement to be held in Uvalda, GA. According to the League, Mexicans are taking jobs that he says should belong to whites (“Anglo-celtic southerners” to use his term) and so they are protesting a mayor there who supports the immigrants.  Despite his warning over civil war, Hill acknowledged that he hopes immigration or the “gun issue” leads to people being willing to consider Southern secession.
Hill was asked to name the main concern for League of the South members. Hill responded (22:54):

I tell you what the unifying issue is for people in the League: It is that we must have our independence in order to assure our survival and well being as a people. That overshadows everything, our survival, our well-being hinges on our independence as a people.

What people is Hill talking about? Earlier in the program (7:25) he identified the group.

First of all, this is about our survival as a people, white Southerners of European descent.

Some commenters on this blog and in emails have asserted that the League is interested in preserving Southern culture and less interested in matters of race. While that might have been true at one time, it appears to me that the League in recent years has moved more toward white nationalist position. He was certainly clear on this program that the League’s concerns are “blood and soil,” i.e.,  race and region.
Given the fact that Institute on the Constitution founder, director and teacher, Michael Peroutka, just joined the League board of directors and pledged the IOTC’s resources to the League, it was surprising to hear Hill say at 26:38 that the members of the League are not “constitutionalists.”

The Constitution has been a bad deal for the South; we’re anti-Federalists. We believe they should have stopped with the Articles of Confederation.

Which state seems most ripe for secession? According to Hill, South Carolina. A problem is they have a large black population. Hill later said he believes there will be a non-binding resolution for secession in SC sometime in the next two or three years. Hill said the League is always looking for a good “Leipzig-like” moment to provoke such a resolution. For Hill, as noted above, immigration reform could be that hoped-for moment.
As I was listening to this, I reminded myself that the same person who has a show on the National Religious Broadcasting network and Liberty University Network is a board member of the League and has pledged his resources to achieving the ends Michael Hill described on the broadcast.

League of the South President Says League Will Do Whatever It Takes To Gain Independence

In a message distributed to supporters recently and published on League websites, League of the South president Michael Hill says his supporters will do “whatever it takes” to gain independence. Hill proclaimed this in the context of defending armed conflict with what he called the “U.S. empire.”
Hill began his column by recounting an appearance on the Alan Colmes radio show. On the program, Colmes asked Hill if “Southerners would physically defend ourselves if we were denied our rights, including the right to self-government and self-protection.” Hill’s answer startled Colmes:

He was startled when I answer unequivocally “Yes!” “You mean,” he asked, “you Southerners would take up arms against the US government if they threatened your rights?” He simply could not believe that someone in modern America could contemplate actually defending themselves and their rights by force!

He adds:

The modern American regime seeks to destroy real manhood, especially among us Southerners, because it knows—both instinctively and historically—that it is only real men who will dare stand against tyranny. And if you know your history, you know that Southerners are “defenders of the blood.” We are mostly Anglo-Celts (or we are descended from other European ethnicities that have a martial tradition), so it should not come as a surprise to those who know our history.

In Hill’s mind, time is short, and decisive action may be needed:

When you take stock of the current position of our people and what the future likely has in store for us if things continue as they are, we will be outnumbered, dispossessed, and have no land on which to live, work, worship, and raise our families. That is unacceptable. But it will become the reality unless we stand and do something to stop it.
For nearly twenty years The League of the South has advocated for the survival, well being, and independence of the Southern people. We want our separation from the US empire to be peaceful, if possible. But when the Southern people are rallied to our cause in sufficient numbers to effect a separation, then we will do whatever it takes to secure our independence and establish our own nation based on our own self interests.

Hill seems to think there is a critical mass of Southern white males who are ready to use violence to fight the “U.S. empire” for Southern independence.  I have no idea whether or not Hill is serious, but the rhetoric is ominous.

Institute on the Constitution Supports Controversial PA Police Chief's Actions to Nullify Gun Control Legislation

UPDATE: Kessler was suspended by his city council for using borough weapons for non-borough purposes. According to local media, Kessler’s supporters showed up armed to the teeth.
……….
Mark Kessler is the Chief of Police in Gilberton Borough, PA and is making some people nervous. Today, Change.org is promoting a petition to the mayor of Gilberton in opposition to Kessler. Kessler has garnered some national attention for his efforts to nullify any gun control legislation in his borough.
Someone who isn’t nervous about Kessler is Michael Peroutka, director of the Institute on the Constitution. Peroutka thinks Kessler’s efforts to nullify all gun control laws is just what the country needs:

On January 3rd of this year, Kessler drafted a “Second Amendment Protection Resolution” for his Pennsylvania town which, when passed by city officials a few weeks later, nullified every single gun control law in the nation.
“If you want to own a firearm,” Chief Kessler said, “the Second Amendment is your concealed carry permit, period. It has nothing to do with self-defense: it has to do with freedom from tyranny.”
Police Chief Kessler went on to say: “Nullification is the key. We just have to tell them, ‘that’s it’. I drew my line in the sand back on Jan 3rd. One person can make a difference: you just need to do something about it.”
Well, Amen.
Remember, when a law enforcement officer, like Chief Kessler, refuses to enforce an unconstitutional act, he is not breaking the law, he is upholding the law.
This is because unconstitutional acts of legislatures are NOT the law.

Thus, it is up to Kessler to decide what is constitutional or not and go by his own analysis. You don’t need a permit to carry a gun, you already have one Kessler opines. Thus, he is not going to enforce any gun control laws and the IOTC is fine with that.
Peroutka recommends support for an organization of like-minded police chiefs and sheriffs which promotes nullification.

We recommend that you give your support to the Constitutional Sheriff and Police Officers Association, whose mission is to equip sheriffs, peace officers and public officials with the necessary information and public support to carry out their duties in accordance with their Oaths of Office.

Peroutka, in a speech before the neo-Confederate League of the South, extolled the virtues of nullification and interposition and says his IOTC course is helping to create a consensus around nullifying laws. At 45:49 into the video, Peroutka describes how Carroll County in MD passed an ordinance forbidding any county resources for the use of implementing a MD gun control law. The sheriff pledged not to enforce the law there. Then at 47:33, speaking about the MD law, he says:

We don’t care what the legislature passes, it’s not valid, we don’t recognize it, and it’s not going to be enforced in Carroll County. And that’s the first step of nullification. The next step and what we really need is the step of interposition. Where we need the sheriff and the police to come out and the county executive to come out and say we not only are not going to enforce that but if somebody else comes into our county and tries to enforce it, we’re going to arrest them. That’s the step we need and some counties have done that.

Peroutka then explains the actions of Kessler and Gilberton Borough as being an illustration of nullification and interposition. He added that Kessler intends to arrest anyone who attempts to enforce a gun control law of any kind.
The oath of Kessler’s “Constitutional Security Force” sounds non-violent, but his videos (note the Confederate flag in this onestrike a more confrontational tone (NSFW – profanity) .
The concepts of nullification and interposition can be traced back to James Madison and Thomas Jefferson. See these two articles, first by Kevin Gutzman and the second published by the Heritage Foundation and written by Christian Fritz for conservative analyses of the concepts.
Gutzman points out that fans and opponents of nullification can use Madison as an authority because Madison took both sides at different times and for different causes. Toward the end of his life Madison noted that one state alone could not nullify federal law. Gutzman noted that at the end of his life, Madison said:

The advice nearest to my heart and deepest in my convictions, is that the Union of the States be cherished and perpetuated. Let the open enemy to it be regarded as a Pandora with her box opened, and the disguised one as the serpent creeping with deadly wiles into Paradise.

In 1835, Madison also stated his opposition to John C. Calhoun appeals to Madison’s earlier writings on nullification. About a single state nullifying a federal law, Madison wrote the following:

But it follows from no view of the subject that a nullification of a law of the United States can, as is now contended, belong rightfully to a single State as one of the parties to the Constitution, the State not ceasing to avow its adherence to the Constitution. A plainer contradiction in terms, or a more fatal inlet to anarchy cannot be imagined. 

As Fritz documents, Madison did not consider nullification, in the sense Peroutka advocates, to be constitutional. In fact, I don’t know of anyone outside of the Confederates or neo-Confederates who consider nullification to be constitutional. Perhaps my readers will help out if there are others who make a constitutional case for nullification.
It remains to be seen what will develop from these nullification impulses and actions. What does seem clear is that Peroutka hopes that teaching the IOTC course will lead to more actions which Madison called “fatal inlet[s] to anarchy.”

TX Rep. Steve Stockman Joins with League of the South Board Member on Amicus Brief

And he seems happy about it…

Stockman may not know that the Institute on the Constitution (IOTC) is essentially Michael Peroutka, board member of the League of the South. However, this brief is another indication of the emergence of the IOTC as a player among right leaning advocacy groups, and now with the assistance of a U.S. Congressman.
For more information on the brief regarding a gun rights case, click the link in the tweet.