A) “12. The Majority - Limited for Liberty
". . . this sacred principle . . ." [Majority must respect Minority's rights] (President Jefferson's First Inaugural Address)
The Principle
1. The traditional American philosophy teaches that The Majority must be strictly limited in power, and in the operation of government, for the protection of The Individual's God-given, unalienable rights proclaimed in the Declaration of Independence and, therefore, of the rights of The Minority--of all minorities.
A Restricted Mechanic of Government
2. Self-government's system of rule by majority vote is based on necessity. Rule by majority vote is a necessary mechanic of any government of the popular type, featuring rule by the people through free [Truth], periodic elections such as, for example, those held in the United States. Under this philosophy, rule by majority vote is always subject to the "sacred principle" defined in President Jefferson's First Inaugural Address, quoted below.
"All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression."
A Minority of One Protected
3. The protection provided by this principle applies fundamentally, of course, in favor of a minority of one: The Individual. No majority, however great even all of the people but one Individual--may properly infringe, or possess the power to infringe, the rights of any minority, however small--even a minority of a lone Individual.
America a Republic--Not a Democracy--In Form of Government--So As to Limit Effectively The Majority To Protect the Individual
4. Therein lies the reason why the American leaders who framed and ratified the United States Constitution in 1787-1788 chose, for America's form of government, that of a Republic and not a Democracy. (The then existing Confederation was merely a treaty arrangement between completely independent and separate State governments, by agreement of their legislatures only and not by consent of the people, with no real central government--with only a legislative body--and with no power over those governments or over individual citizens; so it provided no protection for the rights of The Individual or The Minority against tyranny by The Majority in any State--later remedied, as to certain rights, by prohibitions in the original Constitution expressly made applicable against the States.) A Republic is a constitutionally limited government of the representative type, created by a written Constitution--adopted by the people and changeable (from its original meaning) by them only by its amendment--with its powers divided between three separate Branches: Executive, Legislative and Judicial. In a Republic, the whole system is designed primarily to protect The Individual's unalienable rights--therefore The Minority, all minorities--against any violation by government or by others. As the Declaration of Independence expresses this American goal of safeguarding these rights, the people form their governments "to secure these rights"--to make and keep them secure.
The Majority Omnipotent in Any Democracy
5. This is not the case under a Democracy, speaking of it as a form of government and not merely in the more general sense of its meaning a popular type of government. In a Democracy, The Majority is omnipotent, whether it be a Representative Democracy or a Direct Democracy. In the Representative type, the people function governmentally through an elected legislature, which selects and controls the head of the Executive Department, as in Great Britain where "the authority of the parliament is transcendent and uncontrollable" (as stated in The Federalist number 53, by Madison)--where in fact the House of Commons alone has by law become supreme. In the Direct type, all of the electorate (those entitled to vote) assemble as a single group to debate and decide directly and conclusively all governmental questions. This is suitable only for a very small number of people--as in a New England town with a town-meeting system of government, or in a situation like that of the small city-states of ancient Greece. (Decisions of a New England town-meeting are, of course, subject to the State and United States Constitutions which protect the rights of The Individual and The Minority, so such a town-meeting government is not a true Democracy featuring The Majority Omnipotent.)
In a Democracy, The Individual Is Subservient and Must Be Submissive to The Omnipotent Majority-------[There is no "Constitutional-Person"]
6. Any Democracy, either Representative or Direct, does not even recognize the existence of any unqualified rights of The Individual, much less his possessing God-given, unalienable rights as conceived by the American philosophy. A Democracy in America, as a form of government, would therefore provide no protection for these rights. Under a Democracy, Man is considered to have only qualified privileges permitted by The Majority in control of government and revocable by it at any time. This spells Rule by Omnipotent Majority, with The Individual and The Minority as well as all minorities victimized at the pleasure of The Majority, without limit and without any legal basis for objection or practical remedy. The idea of such unlimited rule, as if by "divine right of The Majority," is as abhorrent in the eyes of the traditional American philosophy as is the idea of rule by "divine right of kings." [Actually, there is, but We the People have never had to invoke it -- or should have invoked it in 1954, but forgot it exists: NULLIFICATION - No Matter What the Outcome is Tuesday, Novermber 8 ---it is Not Truth of God in Oath and Pledge of Allegiance -- It Is Not American God Is Law; And ENFORCING THE FACT IN EVIDENCE that "Whenever any Form of Government becomes destructive of these means...it is our Right....it is our Duty...it is our Lives, Fortunes, and sacred Honor...to enact Article II:4 Right Now]
The Uniquely American Principle Was Thoroughly Understood in 1776
7. The traditional American philosophy requires a Republic's constitutionally limited form of government for the security of Man's unalienable rights against violation by The Majority, by government, as well as by others. This philosophy was well understood in America in 1776 but was imperfectly practiced by the States in the post-1776 period, during which rights were violated. This correct understanding was exemplified by the previously noted (Par. 8, Principle 2) town-meeting petition of Pittsfield, Massachusetts, addressed to the legislature of Massachusetts in May, 1776. It urged the adoption by the people--as "the fountain of power"--of a Constitution as their fundamental law, to fill the void created by the end of royal rule, as "the first step to be taken" by the people in order to guard against despotism--against "the wanton exercise of power"--and it asserted, that the only safeguard is "the formation of a fundamental constitution" by the people. Their aim was to safeguard their liberties. This was accomplished by the people of Massachusetts in 1780, by their creating the first true Constitution and Republic in the world. They utilized successfully, for the first time in history, a constitutional convention--which is America's great, if not greatest, contribution to the mechanics of self-government through constitutional government. (Earlier Acts of Legislatures of other States were erroneously classified as "constitutions," while some countries' governments throughout history had generally been erroneously classified as "republics"--a much-misunderstood and loosely used term. See the correct definition of a Republic in Paragraph 4, above.)
Principle Violated by "Elective Despotism" after 1776
8. The post-1776 period witnessed gross violations by State Legislatures of the unalienable rights of victimized Individuals. In Virginia, for example, Jefferson protested vigorously against the Legislature's acts of tyranny by The Majority, stating: "An elective despotism was not the government we fought for ("Notes on The State of Virginia," 1782; emphasis Jefferson's). Misconduct in this period by The Omnipotent Majority in the legislatures of a number of the States was in reaction against the earlier oppressive rule by the king and his royal governors and judges. At that time, except in Massachusetts under its Constitution of 1780, there were no real State Constitutions to restrain the legislatures, which made sure that the governors and judges were without power to prohibit legislative enactments (by which the violations of unalienable rights were effected). The New Hampshire Constitution, based on this pattern, was not adopted until 1784 after a Constitutional Convention was successful in framing one acceptable to the people--several earlier conventions having been unsuccessful. Other States did not follow suit for a number of years, some not for decades.
"The Excesses of Democracy"
9. This type of tyranny, by Omnipotent Majority, is always possible under any Democracy as a form of government. This is what The Framers and Ratifiers of the Constitution and their fellow American leaders meant when, in the 1787-1788 debates with regard to the framing and adoption of the Constitution, they denounced the 11 excesses of democracy. They were, of course, not criticizing popular government as such--for instance as it exists under the Republic of the United States featuring constitutionally limited government, as limited by the Constitution. They were, therefore, not condemning democracy in the general sense of the term--meaning merely a popular type of government. They were speaking in support of America's being a Republic, not a Democracy, as a form of government. The more general meaning of Democracy--popular government--also applies to America; but this use of the term is only confusing in any discussion, as here, of the characteristics of different forms of popular government: a Republic in contrast to a Democracy. [Because what was not clearly delineated, even at that time, when both Presidents Washington and Adams fully recognized that Hamilton's Federalists and Jefferson's Republicans were making a serious mistake in man-deciding-man-secular, also in our Civil War against each other, though neither would have admitted to that, rather than the Truth in Oath - that was the basis of Both Documents they wrote in the Name of The Living Father in His Living Son in their Person.
"Secular man-choosing-man's definition of the word 'truth' is parallel, Noah defines it as "contradistinguised" that results in only making secular-Untruth -, to man-choosing-man's definition of divine truth; for YOU know, if you believe our Father, The Creator Is Exactly Who He Says He Is, that is an impossible statement ]
Federal and State Republics
10. The foregoing explains why the traditional American philosophy requires that the central (Federal) government and the State governments be Republics. (See Pars. 6-7 of Principle 5.) Each State is guaranteed the form of government of a Republic by the United States Constitution (Art. IV, Sec. 4). The foregoing also makes clear why this philosophy requires that The Majority, at any time in temporary charge of government, administer its affairs in keeping with the Constitution's limitations and for the benefit of all Individuals composing the people as a whole, meaning The Minority and all minorities as well as The Majority--not merely for the benefit of those constituting only The Majority of the moment.
The Conclusion
11. The traditional American philosophy demands that the power of The Majority be limited for the protection of The Individual's unalienable rights, for the security of Man's Liberty against Government-over-Man, in keeping with the American formula: The Majority--Limited for Liberty."
--Quotes from The American Ideal of 1776 supporting this Principle; “The American Ideal of 1776 The Twelve Basic American Principles” and http://www.inspiredconstitution.org/jh_cff/part_4.html by Hamilton Abert Long, c1976
B) "Declaration of Constitutional Principles" by Jon Roland, www.constitution.org and 2012 Independent Candidate for U.S. Senator from Texas
"Whereas, during the course of history usurpers have attempted to misconstrue certain principles of constitutional republican government for their own ends, and that the original language of
the Constitution for the United States did not anticipate all the ways it might be misinterpreted, we hereby set forth some of those principles with greater clarity, using more modern language:
[ And so "secular" a statment that only a good knowledge of the location in The Gospel, can the CONNECTIONS of all Three Sacred Documents be completed --- so that AMERICAN GOD IS LAW is KNOWN AND UNDERSTOOD by A MAN, A WOMAN, A CHILD - FOR ALL GOD'S ERAS OF HISTORY, man's need for earthly time, number, $$$ treasures, inaninimate/ inorgainic/ indifferent tools and instruments, and living objects which have their own "separate and equal station" in God's Creation - ism or not.
General Principles:
- The individual component of the polity is the person, which is defined as any being consisting of or having the essential cognitive attributes of a member of the species homo sapiens, including both the capacity to compete with others for the means to exercise the natural rights of life, liberty, and the pursuit of happiness, and the capacity to regulate its competitive actions to avoid depriving others of those rights and to sacrifice itself for the greater good of the polity as a whole or for their common posterity. (Italic emphasis)
- The polity, or society, is created by the social contract, in which persons agree to join together for mutual benefit and defense, and to regulate their behavior to avoid forms of competition which are destructive of social coherence and effectiveness, such as violence, deception, or collusion, or to infringe on the rights of others.
- Acceptance of the terms of the social contract is effected through, and based upon, a restricted form of the social contract called the filial contract, between parents and their children, in which the parents agree to be good parents and the children agree to be good children and to grow into good adults and members of society. As persons grow, they extend the social contract to others they encounter.
- The social contract is transitive, so that it extends to and includes not only those with whom one is in direct contact, but all those with whom those one is in direct contact with are bound to by the social contract as well, and therefore by recursion to all those persons who are members of the society, even if one has never met them.
- A state is a society in exclusive possession of a territory. It is not the government. A state may or may not have a government, although larger ones almost always do.
- A citizen is a person who has the civil right to remain within the territory of a state and to return to it if he leaves it, the right to delegate powers to agents who comprise any government of that state, and the duty to defend that state.
- A government consists of those persons to whom certain powers held by the citizens in common are delegated, to act as agents for those citizens, exercising only such powers as are delegated to them, and according to their instructions. That delegation and those instructions constitute an extension of the basic social contract called the constitution, which may be written or unwritten.
- A delegation of powers is not a transfer or assignment, and may be reclaimed at any time that the citizens, in their judgement, find that their agents are not acting in accordance with their wishes. (Italics emphasis).
This 2012 election....if not so stuffed, distorted by software-hardware design, popular-greater number-collective socialism over “Principle of One Person” and “Rule of Law” Scripture as God’s Law.
- The authority of an agent or official exists only for as long and to the extent that he exercises his legitimate powers properly, and he automatically ceases to be an agent or official if he exceeds his authority.
[A common occurrence by both this President and his cabinet underlings, to often ignored, neglected, omitted,transgressed by Article I's fellow-country-person(s) in the name of the very great and sacred-vain-idol-god's forms of treasure: votes, $$$$, control and manipulation of all language and communication--knowledge]
- A state is a democracy if all persons born to its territory or citizens are citizens, with the full rights and duties thereof, subject to the disabilities of minority, and the agents who are the government are agents of all of them in common through some form of voting in which all of those not minors are qualified to participate.
- A democracy is a republic if the legislative functions of government, other than the ratification of constitutional amendments, is exercised exclusively through representatives elected by its citizens rather than directly.
- A republic is constitutional if power to amend the constitution is not delegated to elected legislators of the highest legislative body to adopt like ordinary legislation, but requires
either a supermajority of citizens, or majorities of citizens or their representatives elected to lower-level political units in a supermajority of such political units, to ratify it; and if no such amendment infringes on either the natural rights of persons or the civil right of persons to be equally represented in at least one branch of the highest legislative body, or to have members of government act as other than the agents of the people, exercising only limited and specific delegated powers, and to be fully accountable to them equally.
- A republic or other democracy is nonconstitutional if any legislative act supersedes any conflicting act that precedes it, including any act or unwritten principle which may be called a
"constitution".
- A state is an autocracy if those exercising the powers of government are a minority of the persons living in the state and are agents only of themselves, and therefore the only true
citizens of that state, the remainder being only subjects or slaves. An autocracy is not a legitimate form of government.
- A state is an oligarchy if political power is concentrated in a minority ruling class, based on wealth, birth, connections, or other form of power other than constitutional delegation, and in
which the agents of government are accountable to the members of the ruling class, to varying degrees, rather than equally to all the persons living in the state. An oligarchy is not a legitimate
form of government.
- The natural rights of persons are inalienable, preceding the social contract and the constitution, and persons may not be deprived of them even with their consent, since they do not have the power to surrender those rights, and therefore do not have the power to delegate the deprivation of those rights to others.
- Persons do, however, have the power, and can delegate the power, to disable, or partially restrict, the exercise of those rights by some individual persons when their exercise would
conflict with the exercise of the rights of other persons, to strike a balance among the exercise of their rights by all persons.
- Due process is the totality of those rules and procedures under which a dispute at law [Oath in Pledge of Allegiance] may be resolved justly [Truth], intended to allow all parties to the dispute a fair opportunity to argue their
positions on their merits.
- Due process in both criminal and civil cases includes the following rights of the parties:
(1) To have process only upon legal persons able to defend themselves, either natural persons or corporate persons that are represented by a natural person as agent, and who are present,
competent, and duly notified, except, in cases of disappearance or abandonment, after public notice and a reasonable period of time.
(2) Not to be ordered to give testimony or produce evidence beyond what is necessary to the proper conduct of the process.
- Due process in criminal cases includes the following rights of the accused:
(1) Not to be charged for a major crime but by indictment by a Grand Jury, except while serving in the military, or while serving in the Militia during time of war or public danger.
(2) Not to be charged more than once for the same offense.
(3) Not to be compelled to testify against oneself.
(4) Not to have excessive bail required.
(5) To be tried by an impartial jury from the state and district in which the events took place.
(6) To have a jury of at least six for a misdemeanor, and at least twelve for a felony.
(7) To a speedy trial.
(8) To a public trial.
(9) To have the assistance of an attorney of one's choice.
(10) To be informed of the nature and cause of the accusation.
(11) To be confronted with the witnesses against one.
(12) To have compulsory process for obtaining favorable witnesses.
(13) To have each charge proved beyond a reasonable doubt.
(14) To have a verdict by a unanimous vote of the jury, which shall not be held to account for its verdict.
(15) To have the jury decide on both the facts of the case and the constitutionality, jurisdiction, and applicability of the law.
(16) Upon conviction, to have each disablement separately and explicitly proven as justified and necessary based on the facts and verdict.
(17) To have a sentence which explicitly states all disablements, and is final in that once rendered no further disablements may be imposed for the same offense.
- Due process in civil cases includes the following rights of the parties:
(1) To trial by an impartial jury from the state and district in which the events took place where the issue in question is either a natural right or property worth more than $20.
(2) To have compulsory process for obtaining favorable witnesses.
- Disablement of all rights other than the rights of majority may only be done by due process for individuals, not by legislation.
- The only rights which may be disabled by default or by statute for an entire class of persons are the rights of majority, and those disabilities of minority, except for the right to vote, may be removed earlier than the default age of majority, or extended beyond the default age of majority, by petition to a court of competent jurisdiction. All other rights must be disabled individually, by due process of law, and then only to the extent that is determined to be necessary to avoid infringing on the rights of others.
- Only individual persons or corporate "persons" which are composed of individual persons maybe the subject of legal process. Inanimate objects and living objects not capable of
conducting their own defense in a court of law may not be parties to an action at law.
- Upon establishment of the social contract, the natural right of what in the state of nature would be self defense is transformed into the duty to defend the state and the constitution, including
oneself as a member of the state.
- Defense of the state and the constitution includes defense against threats of all kinds, including invasion or attack, insurrection, criminal acts, natural or manmade disasters, or public ignorance or apathy.
- The duty to defend the state and the constitution entails the right to acquire the means and the skills to exercise that duty, including the skills of the soldier, the policeman, and the fire
and rescue worker, to be organized to act alone or in concert with others to exercise those skills to meet any threat that may arise, and the power to exercise those skills and use those means, alone or in concert with others, with or without official direction or participation.
- In a republic, all citizens are soldiers, policemen, and fire and rescue workers, with the default rank of private. Delegation of official powers to agents of government is the conferring of higher rank to those persons, and persons of lesser rank are subject to the lawful orders of persons of higher rank when persons of higher rank are present and exercising their authority legally and effectively. If not, their rank ceases and highest rank devolves on the person present who most effectively represents that authority, whatever his previous status. A citizen with the default rank of private also outranks any person who is acting in violation of law, for the rank of lawbreakers is lower than that of private, whatever their previous status.
- A citizen not only has the duty to obey the law, but to help enforce it, within his ability, and to do what he can to prepare himself and others to do so.
- In a constitutional republic, the constitution is the supreme law, superior to all other public acts, whether by officials or private citizens. Any statute, regulation, executive order, or court ruling which is inconsistent with that supreme law and not derived from it is unconstitutional and null and void from inception.
- There are several ways in which statutes or other official acts may be unconstitutional:
(1) It may be contrary to a right guaranteed under the Constitution.
(2) It may not be based on one of the powers delegated to the government under the Constitution.
(3) It may violate the provisions for the structures and procedures of government, such as the delegation of legislative or judicial powers to an executive agency in violation of the separation of powers principle of the Constitution.
(4) It may neglect to perform some duty imposed under the Constitution.
(5) It may involve the operation of government outside its constitutional jurisdiction.
(6) It may not be applied in the way it was intended by those who wrote and adopted the original act.
(7) It may be vague or incomprehensible to the people who must obey or enforce it.
(8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly.
(9) Proper notice of the law or act may not have been given in a way that would allow people subject to it to become aware of it.
(10) The aggregate of laws or regulations may become so burdensome that it becomes unreasonable for everyone subject to it to be sufficiently familiar with it to comply with all of it.
(11) It may have never been properly adopted, or due process may not have been practiced.
(12) Information needed to make a proper determination
- An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a regime. In a
constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law.
- Whenever any person is confronted with a situation in which two or more official acts are in conflict, he has the duty to know which is the superior one, and to obey or help enforce the
superior one, which, if one of them is [The Bible, The Declaration,] the constitution, means to obey or help enforce [The Bible, The Declaration,] the constitution. This duty cannot be delegated to another person : not to a superior, a court, or a legal advisor. It is not a defense that one was ignorant of the law or just doing one's job or following orders. This is
- The judgement of the consistency of an official act with the constitution is called constitutional review. When this duty is performed by a judge, it is called judicial review. It is not a power of government but the exercise of a duty of citizenship. (Emphasis added0
- Each level and jurisdiction of government has been delegated the power to punish as crimes the deprivation of constitutional and civil rights of persons by agents of government, and some governments the power to punish deprivation of rights by individuals not agents of government. Statutes to implement those powers have been enacted in almost every jurisdiction, and they
cover almost every such deprivation.
- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.
- Any citizen who becomes aware of an illegal or unconstitutional act of an apparent official, which is a criminal deprivation of rights, has the duty to disobey that act, to report it as a crime, and to arrest the offender and deliver him to a court of competent jurisdiction for prosecution.
- A militiaman is any citizen or would-be citizen in his or her capacity as a defender of the state and the constitution. A militia is one or more persons acting in concert in that capacity. The general militia is the totality of all such persons, which, because even simple obedience to law is a defense of the state and the constitution at a low level, comprises all law-abiding citizens and would-be citizens. The obligatory militia is the subset of the general militia who may be required to keep and bear arms and to respond to militia call-ups. The voluntary militia are those not in the obligatory militia who voluntarily respond to a militia call-up. The ready militia is comprised of the obligatory militia together with the voluntary militia. A select militia is a subset of the general militia which is not representative of the population as a whole, and which may therefore be used to achieve the unconstitutional purposes of some faction. National and state "guards" and law enforcement agencies are select militias. (Italics added)
- Whenever a citizen or other person becomes aware of a threat to the state and the constitution, he or she has the duty to issue a call-up to the militia, even if he or she is the only person present, and all persons who receive that call-up have a duty to respond and act as a militia to meet the threat. In the context of the social contract, an act of "self defense" is more properly described as a call-up of the militia, consisting of oneself, to defend the state and the constitution, also represented by oneself. (Italics added)
- No level or branch of government has the power to tax or regulate any instrument suitable for militia duty, including any firearm or ammunition therefor, except to maintain quality and
reliability for their intended functions, or to disable the right of any person to keep and bear such instruments, or to assemble and train as independent militias, except by due process of law
upon petition to a court of competent jurisdiction, in which each side shall have the right to argue its case and present its evidence, and the burden of proof shall be on the petitioner seeking the disablement.
- There are no "implied contracts" involving government as a party. A constitution is the entire agreement among the citizens, and no benefit received by any person from government legally
obligates that person to make any payment therefor, except through constitutional taxes and fees, nor is any person legally obligated to account for any such benefits, or to be subject to penalties for perjury or fraud for misstating such benefits. Conversely, neither is government legally obligated to provide some minimal level, quality, or distribution of benefits to persons, other than according to constitutional laws.
- No level or branch of government has the power to impose criminal penalties, such as deprivation of life or liberty, for violations of civil laws. Only deprivations of property or
privileges may be imposed for violations of civil laws. Persons may not be imprisoned for failure to pay a fine unless the offense is criminal and a criminal penalty is authorized for that offense.
- No judge may imprison a person for contempt of court unless the constitution delegates the power to do so and a criminal statute authorizes it.
- The jurisdiction of a criminal offense is determined by the location of the offender's head when the offense was committed, not by the location of the effects of the crime. The crime is the
mental act, not the outcome.
- No treaty or compact may contain effective provisions which would require agents of government to exercise powers not delegated to them under the constitution of their jurisdiction.
As agents of the people, they may not make powers they do not have elements of any treaty or compact, and no such treaty or compact may confer on them any new powers within the territory of their jurisdiction.
- Statutes passed with the intent that they not be enforced uniformly, but at the discretion of law enforcement agents, are unconstitutional. They violate the Constitutional requirement for equal protection of the laws, and constitute an unconstitutional delegation of legislative authority to executive officials.
- The appropriate exercise of the powers delegated in the Constitution is not discretionary, but represent positive duties, and the failure to exercise such powers appropriately constitute
violations of the Constitution. Among these duties is the duty to keep the Militia sufficiently organized and trained so that it might always prevail over any standing military or select militia.
Principles Specific to the Constitution for the United States:
- The term "commerce" as used in Art. I, Sect. 8, consists only of exchanges of goods and services for a valuable consideration. "... among the states" is a restriction to those exchanges that
begin in one state and end in another. It does not include everything that has ever been a part of such an exchange, or that might be a part of such an exchange in the future, or which is a
part of an aggregate of such exchanges some of which may begin in one state and end in another, or which "affect" such exchanges.
- The power to "regulate" commerce includes the powers to license those enterprises which engage in such exchanges, and to prescribe the form, size, quality, measure, labeling, scheduling,
transport, and routing of goods and services, but not prohibition of the content or terms of such exchanges. It includes the power to impose civil penalties for violation of such regulations, such
as fines or loss of licenses, but not criminal penalties, such as the deprivation of life or liberty. (Italics added)
- The power to impose an excise tax may not be used for any purpose then to raise revenue. It is not the power to prohibit an item by imposing a confiscatory tax on it, or by refusing to accept payment of a tax on it and then declaring the item itself illegal because the tax has not been paid. For this reason, the National Firearms Act of 1937 is unconstitutional.
- The power to impose a tax is not the power to impose criminal penalties for the failure to pay the tax, or to make the item on which a tax has not been paid illegal. Property belonging to the
delinquent may be seized and sold at public auction to raise the money to pay the tax, and the reasonable costs of seizure and sale, but all items not thus sold, and all surplus proceeds of the sale, must be delivered promptly to the taxpayer.
- Congress does not have the power to delegate its legislative powers to elements of other branches, nor do agencies of the executive branch have the power to adopt "regulations" or
"executive orders" that deviate from constitutional legislation adopted by Congress and signed by the President in any way whatsoever. Any such "regulations" or "executive orders" must be adopted as ordinary legislation before they can become effective. The only exceptions are restrictions on legislation to that part of it which is constitutional, and executive orders that implement legislation for specific cases. (Italics added. This is violated 24/7 by this President and his lemmings in both Houses 2009 to 11/2010--to 11/03/2016; but now only in the Senate with Republicans often missing the boat this principle addresses).
- Of the approximately 3000 federal criminal statutes, all but a few are unconstitutional if applied to offenses committed on state territory or to federal territory not ceded by a state legislature to the exclusive jurisdiction of the U.S. government.
- The "blanket" cessions of any property acquired by the federal government, on the books in some states during the 1840-1940 time frame, were unconstitutional, in that they exceeded the authority of the state legislatures by attempting to delegate their legislative powers. No such cession is legal, and jurisdiction for those parcels remains with the states.
- It is unconstitutional for a state agency to delegate to a federal agency the power to make a determination that will affect the way a state law will be applied. This includes letting the
IRS determine the tax status of a corporate entity, or letting a federal agency determine the legality of an element of commerce under state law. All such determinations must be made by agents of the state government, accountable to the people of that state through their elected state officials. (Our CA Board of Equalization which “We the people” often ignore - to the peril of business in this state - 3 Socialists, a.k.a Dems to 2 Repubs).
- It is not a reversible error to fail to inform a jury that they have the right and duty to judge the law as well as the facts in a case in which the government is a party, provided that they can
be presumed to already know that and that the parties in the case have an opportunity to remind them of that fact. However, since juries can no longer be presumed to know that, it is a reversible
error under the prevailing circumstances if the judge fails to so inform them, and to instruct them on all the ways in which a statute or official act involved in the case might be unconstitutional and a deprivation of the rights of the private parties. It is also a reversible error if the judge interferes in any way with the parties so informing the jury, directly or through their attorneys.
- The natural and civil rights identified in the first eight Amendments to the Constitution apply to all levels and branches of government, and, indeed, to all governments of persons everywhere, in all nations and times. They do not establish such rights, which precede the Constitution, but only recognize them. They are not just restrictions on the Congress of the United States, but on all governments everywhere.
- While emergencies may make it impossible to strictly comply with some provisions of the Constitution for a short period of time, neither Congress nor the President has the power to suspend the Constitution or any provision of it indefinitely. The economic crisis which prevailed during the 1933 time frame was not an emergency requiring a departure from any provision of the Constitution.
[This 01/20/2009 anti-Republic under God Regime's government-over-man, through man-choosing-man demonstrated in fact and evidence: Election 2015-2016 IS SUSPENDING THE BIBLE, THE DECLARATION, THE APPLICATION OF THESE TO SUPREME LAW OF THE LAND---BOUND BY OATH IN PLEDGE OF ALLEGIANCE]
- Secret budgets and spending authorizations are a violation of the Constitutional requirement for a public accounting of all funds. There is no provision for a "national security" requirement which would permit this. Such secret expenditures are only a secret from the people, not from any credible foreign enemy.
[Or State of California’s Governor declaring that how money spent in CA is private info for the government and will not be disclosed to the citizen - residents of this State. 2012 Election, take the union-seats away from the Socialists of plastic bags, sexual transgressions while forbidding “Religion and Morality from Posterity’s Learning and determining the content of history Posterity shall be allowed to learn while excluding other - not politically correct by government definition - of it Political party named social Justice ... while all other - only Republican is left - if forbidden or not required of the” top-two vote getters” of number - never Rule of Law or Principles of “Religion and Morality”.
- There is no provision for the operation of "administrative" or "municipal" courts which deny the defendant the right to a jury trial where amounts of more than twenty dollars are involved, and all such courts are unconstitutional.
- An amendment to the Constitution may only be considered ratified if every state counted as ratifying it approves the same language, including spelling, capitalization, and punctuation.
Watch out for Electoral College to ‘popular vote’ only! Remember ‘State’s Rights’ for small States and that only CA, TX, FL. And NY are required to count the “constitutional votes of person by”.. whole numbers apportioned among the several States..”]
- It is not a violation of the Constitution to issue credit instruments whose value, measured in unit weights of gold or silver, is determined by the marketplace, or to allow such credit instruments to be used for the payment of obligations, as a matter of convenience and security, at their current market value. However, it is a violation of the Constitution to express legal monetary obligations in units other than weights of gold or silver. If the "dollar" is no longer to be a fixed weight of gold or silver, then legal obligations must be expressed in units that are, such as grains, grams, or ounces.
- The power delegated exclusively to the U.S. Congress to declare war is not the exclusive power to authorize the President to send troops into a war situation. A declaration of war is necessary to
relieve soldiers and the President of liability for what would otherwise be criminal acts of violence in the jurisdiction in which they operate, provided that they otherwise conduct themselves according to law and international treaties.
- The U.S. Congress has no power to withhold funds from states or other legislative jurisdictions as a way of coercing them into adopting legislation. Such coercion is a violation of the requirement for equal protection of the laws.
True at this level, is true State versus County or City.
- Broad delegations of powers, such as those in the constitutions of some states, or in Art. I, Sect. 8, of the Constitution concerning territories ceded to exclusive U.S. jurisdiction by state legislatures, are inconsistent with as republican form of government, under which all delegations must be specific, and such state constitutions are in violation of the guarantee in the U.S. Constitution of a "republican form of government". This particularly applies to those which delegate "general police powers". The only "police powers" which may properly be referred
to as "general" are the powers all citizens have to enforce the laws. The term is not properly used to include general powers to punish anything that some official decides is an offense.
[This is 12/26/11 National Defense Act - debate. Formation of a Federal Police force who can arrest “no matter who” without due process, interred at military prison, not charged except by “Threat” the definition of which is determined by the Federal government itself. ....and We the People, know full-well how “Rule of Law” vanishes in the face of force of distorted, withheld, absent, censored-flagged information!]
C) “American Dictionary of the English Language 1828/ 1844" by Noah Webster.
“Today when the Biblical basis of education is under systematic attack we need to capitalize upon the availability of our first American Dictionary — the only dictionary — to utilize God’s written word as a key to the meaning of words. Historically, it documents the degree to which the Bible was America’s basic text book in all fields. .... The Bible, which Noah Webster indicated as the source of “the principles of republican government” was closed to its primary function — namely to testify of God’s redeeming grace for mankind through Jesus Christ. ...”
(from Foundation for American Christian Education’s “Introduction”).
From Noah, in his Preface to his “History of the United States”: “Republican government loses half its value, where the moral and social duties are imperfectly understood, or negligently practiced. To exterminate our popular vices is a work of far more importance to the character and happiness of our citizens, than any other improvements in our system of education.”.
“..There is also a question of whether the meanings should be taken from the public
meanings shared among the literate populace, the private meanings used among the
drafters and ratifiers that might not have been widely shared, or the public
legal meanings of terms that were best known by more advanced legal scholars of
the time. .. Most of the U.S. Constitution appears to have been written to be
understood by ordinary people of that era, although people then were much more
literate in the law than people are now. .. (“Principles of Constitutional Construction” by Jon Roland available at www.constitution.org under ‘Rights, Powers, Duties’ menu.)”.
Naysayers which demand that the constitution must be separated from the Declaration as in the video of the Senate Confirmation Hearing for now Justice Elena Kagan (at https://www.youtube.com /watch?v=BAt9RDCP5SI ) continue to dominate our courts. Denial of God Laws in public places including State and Federally controlled education - especially here in Socialist State of California; and the crosses at Mt. Soledad and now a remote hilltop behind Camp Pendleton allowing “class of naysayers of God’s Laws” to dominate over the ‘exercise of religious values of person’ provided by the First Amendment. Absolute Adherence to the full separation of church and state as axiomatic to formation of bills, acts, amendments, statutes, Executive Orders, court rulings, Regulations dominates.
Yet, if you take any noun, verb or word from any sentence in “A” or “B” and look up the word at www.1828.mshaffer.com you shall find the resource from which all parts of Both Founding Documents originate. That does mean The Bible, as well as ‘common, daily language of Americans from 1620 through the 1950's and still present today; but struggling because of State and Federal mandates against “Religion - Religion, in its most comprehensive sense, includes a belief in the being and perfections of God, in the revelation of his will to man, in man's obligation to obey his commands, in a state of reward and punishment, and in man's accountableness to God; and also true godliness or piety of life, with the practice of all moral duties. It therefore comprehends theology, as a system of doctrines or principles, as well as practical piety; for the practice of moral duties without a belief in a divine lawgiver, and without reference to his will or commands, is not religion. and Morality “The doctrine or system of moral duties, or the duties of men in their social character; ethics. The system of morality to be gathered from the writings of ancient sages, falls very short of that delivered in the gospel.
1. The practice of the moral duties; virtue. We often admire the politeness of men whose morality we question. 2. The quality of an action which renders it good; the conformity of an act to the divine law, or to the principles of rectitude. This conformity implies that the act must be performed by a free agent, and from a motive of obedience to the divine will. This is the strict theological and scriptural sense of morality. But we often apply the word to actions which accord with justice and human laws, without reference to the motives form which they proceed.”.
Socialism must decline ‘Religion and Morality’ for it cannot utilize the ‘group or class-think, collective’ as concepts, versus Religion’s One Person before God; and our Constitution’s One Person protected from Government - and the unique, individual who when death occurs, removes that unique person from mortal existence on earth....”I am” versus “It all begins with Me!” the slogan current in public, grammar schools grouped into classes by age, but chanting the slogan as one collective mass of ....children.
Attention to words like due, process, polity, contract, democracy, ‘Assembly’, Congress with its “concert of measures” and Republican form of government, ‘person’, corporate, ethics, whole versus as collective, law.... and so much more. Even comparing words like congress, collective, group, assembly, democracy, republican form of government in 1828 and what happens to it in the 2011 Merriam Webster Dictionary meanings. And within the definition,,,other words to check out to be clear how the definition is used as applied to The Bible, Declaration, and Constitution.
Astute persons can even evaluate the content of Bill, Acts, Amendment to those Bills, Acts, Sections, Subtitles; speeches and words, with or without the substance of action, from incumbent and/or proposing candidates for the presence and absence of the wolf wearing sheepskin or RINO designation; and evaluating the use / disuse of State and US Constitution’s as appointed to position writer’s of Regulations continue their paths of destruction of “Rule of Law” as a daily present occurrence in fact of action....totally ignored by anyone else in government.
To those who don’t believe in God’s Laws or in the accuracy of the definitions Mr. Webster Placed in The American Dictionary, won’t believe in the sanctity of ‘person’ with conscience and integrity either. But will give full support to the state of government as the sole sources of production, distribution of “body” absent “thought as spirit”, word as ‘on-high man’s law’, and disdain for what is history expressed in ‘A, B, and Mr. Webster’.
Because A, B, and C all express history through the teachings and word of our Lord God, All are timeless...and all are relevant to any issue, at any hour, in any location on this planet and in God’s universe. Put the Declaration’s way: “and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them,..”.
Imprimis, this month’s edition, article is titled “The Unity and Beauty of the Declaration and the Constitution” an interview with Larry P. Arnn...there will be a ‘free’ course on line at Hillsdale.edu starting in 02/12.
The Introduction to “The American Patriot’s Bible, The Word of God and the Shaping of America” by Dr. Richard G. Lee, holds “While other nations have built their governments upon the shaky foundations of communism, socialism, [open society, borderless nations and jurisprudence of UN] and countless other anti-God philosophies only to see those foundations crumble, America stands without equal as a beacon of hope and freedom in a hurting world. Our Founding Fathers delivered to us a system of government that has enjoyed unprecedented success: we are now the world’s longest ongoing constitutional republic. Well over two hundred years under one form of government is an accomplishment unknown among contemporary nations.”. This is the 400th Anniversary of the King James Version of The Bible. Thomas Nelson is the publisher of the Patriot’s Bible and it is a tribute from Great Britain to the United States. It is a New Version of King James (NKJV); but not all changed and very carefully described 5W’s and H of this New Version.
However imperfect our Nation’s history, the opposite, as this Obama Anti-law Regime represents, cannot reach up to the soles of the feet of Americans throughout the ages who have protected and given everything they have of life and liberty Plus Duty, Service, and Honor. The socialists over time, with the epitome of Obama’s and CA’s Legislature of Union dominance — unfettered by any Constitution or Law — except their personal definitions, are the worst brigands in US History. Their diffusion into every aspect of life, liberty, and pursuit is like a black widow spider’s web: it is sticky, clings itself to whatever is available, stays in the dark corners, is deadly to the male brown, smaller widow and will always return to where ever opportunity awaits impending disaster. Other spiders don’t cling, webs are easily broken or removed, are geometrical, and even beautiful when capturing water drops or light.
The election in 23 weeks and 3 days shall determine which candidates for CA State and Congressional office will expedite return of our nation to Constitutional, Representative government of our Republic of protection for One Sovereign Person, the Sovereignty of State over the proper, tiny tip of Federal government; or the continuation of the black widow’s sticky, diffuse web of control and force over life, liberty and pursuit as the Obama-CA, Union Legislative political party of Socialism. There is no Democratic Party. For those Democrats would not vote against our Nation’s history, though they do like big government....just not black widow spider big. Please pay attention to the Superior Court judges and do not place an “X” or electrical touch screen to any who do not understand the words “illegal”, “privileges and Immunities”, equal protection... and the connection between ‘life, liberty, and pursuit with the first 8 Amendments of our Constitution = “Natural Rights” which are unalienable.
The Presidential race is not as important as the those candidates who will protect “Person”, speak from the legislative floor to stop.. Unconstitutional Bills, Acts, subtitles, sections or any part of government’s concept of protection and safety for government’s intrinsic required force - demand- conform - cooperate or civil disobedience for those who do not!!
*incorporation: “3. Formation of a legal or political body by the union of individuals, constituting and artificial person. From 1828 “American Dictionary of the English Language” by Noah Webster; www.1828.mshaffer.com
Comment added....
?"..Becomes 'the god"': no medical care by physician to one-person-illness. Socialism of group via statistical report with complete executive branch control of production and distribution of all products and the development of all products. And the definition of all products and even the person's use of "preventative products like, food as nutrition, water as what is pure. Incandescent light is no longer allowed compliments of Barney Frank, et.al "the tyranny of the majority"; as among chief underling's of of Soros-Obama-UN Socialism (no God' s Law any document). Education by indoctrination of our Nation's posterity: defined by State and Federal 'tyranny of majority' as sexual deviation absent God's Laws and Morality and the State defining-controlling censoring the content of subjects including Nature and Nature's God: Nature as to what is 'green' with complete control by appointed, Cabinet underlings of Obama-UN named EIP and Dp. Ag. and FCC and "America's financial security Act (also Barney Frank et al "tyranny of majority' albeit with left of center Republican assistance) control over the definition, development, distribution as subsidy- grant(unfettered, free tax as earnings-property of "person" ) and costs of manufacturing; as well as what is 'not green' - abolishing nuclear, petroleum (by maintaining Middle East turmoil and allowing Sadr - a known enemy of "We the People of Iraq" to return to domination of Obama's Islamic religious beliefs).... and Obama with his cabinet wants to be a "good" 2nd term President.
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December 30, 2011 8:53 AM
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