- What is the nature of the document?
- What is its purpose and intent?
- What limitations does the document place against the powers it establishes?
- How does this compare with today?
These questions are fairly thorny ones. This idiot tends to over analyze, so I've attempted to simplify. The following are the moronic maundering of this total idiot.
The constitution was, is, and remains a civil document, a contract between the people and the federal government. Though representatives of the people came from the Several States under the constitution, it was the people that ultimately had to allow the ratification of that document, and establish a new entity, the federal government. By incorporating that government via civil contract, it could outlast its own creators, and establish a power to perpetuity, according to the terms of that contract. The original contract, if you notice, bore no punishments, no pains and penalties for violations, though it did bear the limitation of attainder for death for making war against the United States, her people, or the Constitution as an attainder of treason. The remedy for the misuse of those governmental powers was twofold.
1. All laws made outside of the authority explicitly granted in the original contract were null and void, deemed to never have had the capability or authority for existence.
2. Any act against the people would be met by whole force, as an act of treason and war.
The purpose and intent, as well, of that constitution was fairly visible. Looking at the history, our budding confederacy of states had just gone through a revolutionary war, seceding from the power and authority of the Empire of Great Britain, and forging for themselves hard-won liberty in the process. This road was difficult, however, banks were established and writs of credit issued, bills of paper that were unbacked by the state banks, and the people were rapidly defrauded of great amounts of gold, property, and liberty. Rebellion stirred when the newly formed state governments attempted to tax, and there was potential for invasion on every front. Loose monetary policy and attempts at barring trade between states led to potential war between states, and armies levied in one state threatened the perceived well being of another.
Amid this turbulent backdrop were men who were determined to ensure the survival of the new colonies, and to prevent them from being snapped up, purchased, or flat-out fraudulently stolen by the British Government and their banks. They established a constitution to:
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.
Today's 'flavor' of law puts a great deal of weight on intent of the law, rather than the rights of the people, quite in opposition of the original intent. In cases where rights and powers came into argument, the weight of proof was to be against the power, not the individual right.
The rights, indeed, were seen to pre-exist the constitution, and to be outside of the authority of that document. No rights were created, or destroyed by its establishment, and they were protected from infringement not by the bill of rights, but by article 1, section 9, and article 1, section 10.
article 1, section 9. No bill of attainder or ex post facto Law shall be passed.
article 1, section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
What is a bill of attainder? A bill of attainder is any document that attempts to by writ remove any property from a person, without due process of law, the court, and the jury. According to the writers of the constitution (Madison, Hamilton, Adams) and the first supreme court justices (John Jay) the rights that were established outside of the government were also property, because by having property within those rights, one could file suit in a court of law for infringement of those rights, and further had the right, duty, and power to protect them by force of arms if necessary.
The rights to life, liberty, and property were the keys to the pursuit of happiness, and the adjunct right to defend such property against all takers was also important. Your liberty is, and was, expressed in your rights.
The government claims the power at this point to remove rights, not simply by the rule of law, but by whim, claiming that it is their provenance that establishes those privileges, and their power to determine the means by which they may be used. If your right to defend your life is a privilege, then is your life your own? This idiot must ask: if a people are limited in the operation of their rights to only what is permitted, are they rights? If someone else controls how you must live, how you must work, how you must eat, how you must sleep, how you must think, how you must travel, how you must vote.. are those rights still your own property? Property boils down to control of a subject. It would seem to this idiot that the control of the subjects is strongly within government hands.
Can you travel outside the country and return without their permission? Can you travel as you wish within it without showing your identification? Can you rely upon the officers of the law to actually protect you, or has the government chosen to indemnify them from that purpose? Does your nation or state control more of your life today... than you do?
Sure, we eat, we sleep, we drink when we wish. We watch our televisions and see our stars in the limelight without ever seeing the pasty makeup that's plastered on their faces, or even understanding what has been done to us.
We bemoan the standards of education dropping, but what do we do about it?
We sit and gripe in a coffee shop, kvetch about the winery. We're angry, we're hurting, but we're unfocused, unable to grip and grasp the enormity of what has been done to us.
I know of very few with no debt whatsoever for their personal debt, and none without debt from the government.
We are bound, eternally, to serve the government, on pain of prison. We can never pay off our debts, nor can we ever get beyond them. They establish for us, in our misery, scapegoats and whipping boys whom we reach out and gleefully flay. They propose laws for 'our own good' destroying our economies, our work, our futurity in its entirety, and we still sit back and watch them, and do nothing.
Oh yes, there are words for what has been done to us. We sit idly, supplicating the throne for surcease from our misery, and by the supplication we have time to have further chains bound down upon us.
Yes, there are words... and the word is slavery. By international law, we, as the people, are slaves. The government, established to serve us, and given power to protect our liberty, has chosen instead to make war against us, and to take up ownership of our lives, our property, our very existence and that of our children.
This is partly our own fault, and partly the fault of our parents and grandparents, and greatly the fault of our elected officials that for scraps from the table of power, are perfectly willing to continue selling us.
We can't let it continue... and any idiot can see that.
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