The US Constitution
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.
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 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.
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 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 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.
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.
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”.
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.
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.