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The US Constitution

The document discusses the history and key aspects of the US Constitution. It notes that after declaring independence in 1776, the country was initially governed by the weak Articles of Confederation until the Constitution was ratified in 1788. The founders felt a stronger national government was needed beyond what the Articles provided. The document then examines key parts of the Constitution, including the Preamble, Article 1 Section 8 which outlines Congressional powers, and the Bill of Rights. It argues that parts of the Constitution have been misinterpreted over time to expand federal power beyond what the founders intended.

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0% found this document useful (0 votes)
132 views

The US Constitution

The document discusses the history and key aspects of the US Constitution. It notes that after declaring independence in 1776, the country was initially governed by the weak Articles of Confederation until the Constitution was ratified in 1788. The founders felt a stronger national government was needed beyond what the Articles provided. The document then examines key parts of the Constitution, including the Preamble, Article 1 Section 8 which outlines Congressional powers, and the Bill of Rights. It argues that parts of the Constitution have been misinterpreted over time to expand federal power beyond what the founders intended.

Uploaded by

drtimadams
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The US Constitution

Articles of Confederation
America declared independence in 1776, and the Constitution was ratified in 1788. In
between, America was governed by the Articles of Confederation, and thus for all
practical purposes, America had no central government, and yet we still managed to
defeat the world’s dominant super power, but the founders felt that the national
government needed some additional powers beyond those granted by the Articles of
Confederation, and so they added just what they considered the minimum necessary
powers beyond the American anarchy that led them to victory over the British
monarchy.

That’s right. Anarchy defeated monarchy. No. A weak anarchy defeated


the strongest monarchy. Get over it.
Now back to the Constitution.

The Constitution
The US Constitution derives its legitimacy from the consent of the governed, and the US
government derives its legitimacy from the Constitution.

The extent of Constitutional violations is the extent of lost legitimacy for the US
government, and the extent of constitutional violations is great indeed. The parts of the
Constitution that are used to justify the accumulation of power are highlighted in red,
and the parts that tend to refute those interpretations are in green.

Although the meaning of the Constitution is clear to any honest and independent
thinking person, some parts are phrased in such a way that enable a shyster or ditto
head to claim that it means the opposite and still feign gravitas. So proud were the
Founders of their accomplishment, and so universal was the understanding of individual
liberty after the American Revolution, that the Founders would not have foreseen a
future where many Americans would turn government into the dominant religion.

The Preamble – Original Text


We the People of the United States, in Order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common Defense, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of America.

The Preamble – Exposition


The preamble is not law, and its language grants no powers to the government. It is no
more law than the Declaration of Independence, neither of which has ever been used by
the Supreme Court to uphold any act of Congress. Nor was the preamble describing the
Constitution. It was describing the Founders and their act of creating the Constitution.

The Founders had previously created the Articles of Confederation, which established a
government tantamount to anarchy at the national level, and the Preamble describes
what these men believed that they themselves were accomplishing by their act of
adding a few more powers at the national level.

The Founders claimed their act of establishing the Constitution promoted the general
welfare, and we know the act of establishing the Constitution was primarily an act of
creating a very limited government. Therefore, the Constitution promotes the general
welfare by limiting government.
The Founders believed that freedom and limited government are good for everybody.

Article 1, Section 8 (The powers of Congress) – Original


Text
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to
pay the debts and provide for the common defense and general welfare of the United
States; but all duties, imposts and excises shall be uniform throughout the United
States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the
Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of
bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of
weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the
United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses
against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning
captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a
longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress
insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such
part of them as may be employed in the service of the United States, reserving to the
states respectively, the appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not
exceeding ten miles square) as may, by cession of particular states, and the
acceptance of Congress, become the seat of the government of the United States, and
to exercise like authority over all places purchased by the consent of the legislature of
the state in which the same shall be, for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings;–And

To make all laws which shall be necessary and proper for carrying into execution the
foregoing powers, and all other powers vested by this Constitution in the government
of the United States, or in any department or officer thereof.

Article 1, Section 8 – Exposition


Article I, Section 8 does not grant Congress the power to promote the general welfare –
nor does it grant Congress the power to “make all laws which shall be necessary and
proper”; and the power to regulate interstate commerce most certainly does not confer
infinite power over all portable objects and services. However, these extreme fascistic
interpretations are how the Congress, and the Democrats in particular, see the
Constitution today.
If the Constitution actually did grant any one of these three fascist powers to Congress,
then the Congress would have more power over the people than any fascist or
communist government in the history of the world.

It is impossible that the Founders intended for the US government to ever have more
power than the King of England over the colonists.
Although the Democrats trumpet the imaginary power to promote the general welfare,
the Supreme Court never used such an interpretation to uphold any law. It is the
commerce clause, which has been used as the primary justification for constitutional
violations. Sometimes the necessary powers clause is also abused in order to violate
the Constitution.

Commerce Clause
The power to regulate commerce among the several states clearly refers to Congress
directly regulating transactions between the states. There is no hint that it refers to the
manufacture or possession of portable objects. There is no hint that it refers to
transactions within a state. There is no hint that it can ban a transaction between two
states where both permit such a transaction. There is no hint that Congress can
regulate any facet of an interstate transaction except the interstate part.

Necessary Powers
Congress thinks it has the power “to make all laws which shall be necessary and
proper”, but what it actually says at the end of Article I, Section 8, is that the Congress
shall have the power “to make all laws which shall be necessary and proper for carrying
into execution the foregoing powers.”
The number of “foregoing powers” is 18.

Promoting the General Welfare


Promoting the general welfare is not itself a power. It is a limitation on the power to tax –
so that taxes cannot be collected for the benefit of just one or several states. I’ll bet that
now they would wish they had phrased it in the negative and said that the Congress
may not collect any tax with the intent to benefit only one or several states. So, why did
they phrase it in a positive form? Under the Articles of Confederation, the US
government had no power to tax, and thus the Founders were trying to sell the idea that
taxes were a necessary evil.

In February 1791, Thomas Jefferson, James Madison, and Attorney General Edmund
Randolph declared the creation of a national bank unconstitutional because at the very
beginning of Article I, Section 8, the Constitution only granted Congress the power to
tax, and limited that power to the purpose of promoting the general welfare (not the
welfare of any one state), and only to carry into execution the following powers (in
Article I, Section 8).
Whereas, Alexander Hamilton led the first major assault on the Constitution by claiming
that the Congress could create a national bank because Congress had the power to
“promote the general welfare”. To understand the full scope of Hamilton’s evil, consider
that the Bill of Rights was not ratified until December 15 th, 1791, and thus Hamilton was
basically claiming that individuals had no rights because the Congress could violate any
individual right in order to “promote the general welfare”.

The Bill of Rights – Original Text


Perhaps in response to the assault on the Constitution by Alexander Hamilton before
the ink was dry, the Founders added a list of rights that had previously been considered
so obvious that actually writing them was thought to somehow diminish them, which is
probably why they included the 9th and 10th Amendments.

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-
examined in any Court of the United States, than according to the rules of the common
law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people.
The Bill of Rights – Exposition
Amendment II
Just like the rest of the Constitution, what the second amendment is saying is pretty
obvious to an honest man who tries to understand it. It is saying:

A well trained militia being necessary to the right of the states and the people to defend
their freedom, the right of the people to form militias shall not be infringed, and the right
of the people to keep and bear any and all armaments shall not be infringed.

Of course, the purpose of the people’s armaments is to be sufficient to defeat any


military force that could pose a threat to their freedom.

Had they foreseen the development of nuclear weapons, they would have added:

The Congress shall have the power to regulate the use of any weapon that can kill
everyone within a square mile and/or render the environment uninhabitable for more
than 100 years in 10 square miles.
Note that even with nuclear weapons, the Founders so trusted the people and so
cherished their freedom that they would not have entirely prohibited the possession of
nuclear weapons.

Clearly, the Second Amendment is sufficient reason to conclude that the Founders
could not have been a part of any long term conspiracy to rule the peoples of the Earth.
In fact, the Second Amendment makes one suspect they may have been explicitly trying
to combat such a conspiracy.

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