Category Archives: Constitution

The Convention of States Project: A Bad Idea

Similar to Patrick Buchanan’s campaigns, Newt Gingrich’s “Contract with America,” the Tea Party, and to some extent Donald Trump’s presidency, the Convention of States Project* will not solve the crises that America faces.  It will, undoubtedly, like most of the previous reform and populist movements be sabotaged by the ruling class if it ever gets close to accomplishing its goals.

The Project’s rhetoric is “old-style” conservative/populist-speak which seeks to “[propose] amendments that impose fiscal restraint on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”** Some of the proposed amendments include:

  • Congressional term limits
  • Requiring a two-thirds vote of the House and Senate to increase the public debt
  • Restoring the Commerce Clause to its original intent and scope
  • Repeal of the 16th Amendment, which gave us the income tax
  • Giving states, by a three-fifths vote, the power to negate any federal law, regulation or executive order giving Congress an easy means of overriding regulation

So far, 19 state legislatures have called for a constitutional convention, 34 states are needed for a convention to be called and, for an amendment to be passed, it must be approved by three quarters of state legislatures. 

The state legislatures who have signed on have realized that the federal government has become omnipotent and the individual states are now merely appendages to Washington.  “The states,” said South Carolina state representative Bill Taylor, “have sort of lost their voice, and all we can do now is beg from the cheap seats and say, ‘Hey, don’t do that.’”***

After the totalitarian and draconian efforts of the U.S. government and those around the world the past two years in response to the “pandemic,” Mr. Taylor’s sentiment is, to say the least, an understatement!

The fundamental problem with efforts such as the Convention of States Project is that they do not understand the nature of the crises that both America and most of the world face.  For America, its current malaise can be traced shortly after its independence with the adoption of the Constitution itself. 

While it has long been touted as a great document of freedom and liberty, it is anything but.  The “founding fathers” knowingly created a powerful central government and decreased the sovereignty of the individual state governments which had existed under the Articles of Confederation. 

In the words of Murry Rothbard, the Constitution was a coup that, for the most part, was the antithesis of the spirit and drive of the American Revolution which was a movement against political centralization and empire:

It was a bloodless coup d’etat against an unresisting

Confederation Congress. . . . .  The Federalists, by use

of propaganda, chicanery, fraud, malapportionment of

delegates, blackmail threats of secession and even

coercive laws, had managed to sustain enough delegates

to defy the wishes of the majority of the American people

and create a new Constitution.****

Worse than the power grab was the establishment of an omnipotent state as Rothbard incisively continues:

The drive [for ratification] was managed by a

corps of brilliant members and representatives

of the financial and landed oligarchy.  These

wealthy merchants and large landowners were

joined by the urban artisans of the large cities in

their drive to create a strong overriding central

government – a supreme government with its

own absolute power to tax, regulate commerce,

and raise armies.*****

410jXD-zO+L

 

The celebrated “separation of powers,” and “checks and balances” within the federal system and even the Bill of Rights, so often lauded by conservative and populist commentators, have proven from the very start to be ineffectual in stopping the expansion of state power. 

The Constitution itself declares that it is the ultimate authority as Article VI states:

This Constitution and the laws of the United States which

shall be made in pursuance thereof, and all treaties made,

or which shall be made, under the authority of the United States,

shall be the supreme law of the land. . . . [Italics mine.]

The massive and now unresolvable social, economic and political troubles both in the U.S. and around the world stems from a concentration of political power that is inherent in the nature of constitutional government.  This power is augmented and sustained by a system of central banking which provides the nation state with seemingly unlimited financial power to implement its various social engineering schemes, conduct continuous warfare, and has the ability to crush any opposition to its hegemony. 

The solution, which is all too obvious, but not attainable in the current ideological atmosphere dominated by statist thinking, is political decentralization.

The smaller political alignments under decentralization would probably coalesce around peoples with similar economic, social and religious affiliations and status and those with similar ethnic and racial backgrounds.  Such a system would be truly diverse and undoubtedly lower social tensions which derive from the central state’s forced integration polices. 

Once political decentralization became a reality, the natural and mutually beneficial relationships and interactions between peoples would emerge.  The immense advantage of free trade – the widening of the division of labor and specialization – would be the norm between societies since smaller countries could not afford to restrict trade since doing so would lead to autarky and the resultant fall in standards of living to primitive levels. 

Likewise, a universal monetary standard, most likely based on gold and silver, would arise among differing communities since a multitude of currencies would lead to monetary chaos and render economic calculation an impossibility.  Since no central state could impose its currency, the only honest and sound money – gold/silver – would be quickly adopted by all.

The mass invasion of the U.S. taking place under the negligence and encouragement of the Biden Administration could also be thwarted through political decentralization.  Areas where the lives and property of people are threatened by invaders have more of an incentive to effectively deal with unwanted groups than bureaucrats living often times thousands of miles away. 

Each jurisdiction would make its own policies on who or how many it wanted in its territory.  Moreover, each community could expel undesirables without interference from those who are not property owners or members of such communities.

While those behind the Convention of States Project and the state legislatures which have called for a constitutional convention may be well meaning, they will ultimately fail.  Such efforts are a wrongheaded approach to address the myriad of problems that plague the U.S. and, for that matter, the entire world.

Instead of attempts to amend the Constitution or though the electoral process by finding the “right candidate,” the very viable and historically proven alternative of de-centralization through secession is the only pathway to ultimate success.  Until the break-up of the nation state is accomplished, America and the world’s future will be considerably bleak.

*https://conventionofstates.com/

**https://starkrealities.substack.com/p/activists-more-than-halfway-to-forcing

***Ibid

**** Murray N. Rothbard, Conceived in Liberty. Vol. 5, The New Republic, 1784-1791, ed., Patrick Newman.  Auburn, AL.: Mises Institute, 2019, p. 306.

*****Ibid.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com

 

 

The Constitution IS the Crisis

410jXD-zO+L
A Review of Murray N. Rothbard’s Conceived in Liberty, Vol. 5The posthumous release of Murray Rothbard’s fifth volume of his early American history series, Conceived in Liberty, is a cause of celebration not only for those interested in the country’s constitutional period, but also for the present day as the nation is faced with acute social, economic, and political crises.  The fifth volume, The New Republic: 1784-1791, stands with Boston T. Party’s 1997 release, Hologram of Liberty, as a grand rebuttal of the cherished notion held by most contemporary scholars, pundits on the Right, and, surprisingly, many libertarians who believe that the US Constitution is some great bulwark in defense of individual liberty and a promoter of economic success.

ConceivedInLiberty4in1 Volumes 1-4

Rothbard’s narrative highlights the crucial years after the American Revolution focusing on the events and personalities that led to the calling for, drafting, and eventual promulgation of the Constitution in 1789.  Not only does he describe the key factors that led to the creation of the American nation-state, but he gives an insightful account of the machinations which took place in Philadelphia and a trenchant analysis of the document itself which has become, in the eyes of most conservatives, on a par with Holy Writ.

What Might Have Been

While Rothbard writes in a lively and engaging manner, the eventual outcome and triumph of the nationalist forces leaves the reader with a certain sadness.  Despite the fears expressed by the Antifederalists that the new government was too powerful and would lead to tyranny, through coercion, threats, lies, bribery, and arm twisting by the politically astute Federalists, the Constitution came into being.  Yet, what if it had been the other way around and the forces against it had prevailed?

It is safe to assume that America would have been a far more prosperous and less war-like place.  The common held notion that the Constitution was needed to keep peace among the contending states is countered by Rothbard, who points out a number of instances where states settled their differences, most notably Maryland and Virginia as they came to an agreement on the navigation of the Chesapeake Bay.  [129-30]

Without a powerful central state to extract resources and manpower, overseas intervention by the country would have been difficult to undertake.  Thus, the US’s disastrous participation in the two world wars would have been avoided.  Furthermore, it would have been extremely unlikely for a Confederation Congress to impose an income tax as the federal government successfully did through a constitutional amendment in 1913.

Nor would the horrific misnamed “Civil War” ever take place with its immense loss of life and the destruction of the once flourishing Southern civilization.  The triumph of the Federal government ended forever “states rights” in the US and, no doubt, inspired centralizing tendencies throughout the world, most notably in Germany which became unified under Prussian domination.

In a failed attempt in 1786 to enact an impost tax under the Confederation, Abraham Yates, a New York lawyer and prominent Antifederalist, spoke of decentralization as the key to liberty as Rothbard aptly summarizes:

Yates also warned that true republicanism can only be preserved in small states, and

keenly pointed out that in the successful Republics of Switzerland and the

Netherlands the local provinces retained full control over their finances.  A taxing

power in Congress would demolish state sovereignty and reduce the states, where

the people could keep watch on their representatives, to mere adjuncts of

congressional power, and liberty would be gone.  [64]

Antifederalists, such as Yates, had a far greater understanding of how liberty and individual rights would be protected than their statist opponents such as Alexander Hamilton and James Madison.  The Antifederalists looked to Europe as a model, which, for most of its history, was made up of decentralized political configurations.  The Federalists, on the other hand, got much of their inspiration from the Roman Republic and later Empire.  There is little question that an America, with the political attributes of a multi-state Europe, would be far less menacing to both its own inhabitants and to the rest of the world than what it has become under the current Federal Leviathan if the Constitution never passed.

Speculation aside, historical reality meant that America would be fundamentally different than it would have been had the Articles of Confederation survived, as Rothbard points out:

The enactment of the Constitution in 1788 drastically changed the course of

American history from its natural decentralized and libertarian direction to an

omnipresent leviathan that fulfilled all of the Antifederalists’ fears.  [312]

Limited Government Myth

One of the great myths surrounding the American Constitution – which continues within conservative circles to this very day – is that the document limits government power.  After reading Rothbard, such a notion can only be considered a fairy tale!

The supposed “defects” of the Articles of Confederation were adroitly used by the wily nationalists as a cover to hide their real motives.  Simply put – the Articles had to be scrapped and a new national government, far more powerful than what had existed under the Articles, had to be created as Rothbard asserts: “The nationalists who went into the convention agreed on certain broad objectives, crucial for a new government, all designed to remodel the United States into a country with the British political structure.”  [145]

In passing the Constitution, the nationalist forces gained almost all they had set out to accomplish – a powerful central state and with it a strong chief executive office, and the destruction of the states as sovereign entities.  The supposed “checks and balances,” so much beloved by Constitution enthusiasts, has proven worthless in checking the central state’s largesse.  Checks and balances exist within the central government and is not offset by any prevailing power, be it the states or citizenry.

There was no reform of the system as it stood, but a new state was erected on the decentralized foundation of the Confederation.  Why the idea of the founding fathers as some limited government proponents is a mystery.

The Chief Executive

As it developed, the Presidency has become the most powerful and, thus, the most dangerous office in the world.  While its occupants certainly took advantage of situations and created crises themselves over the years, the Presidency, especially in foreign policy, is largely immune from any real oversight either from the legislature or judiciary.  This was not by happenstance.  From the start, the nationalists envisioned a powerful executive branch, and though the most extreme among the group were eventually thwarted in their desire to recreate a British-style monarchy in America, the final draft of the Constitution granted considerable power to the presidential office.

As they did throughout the Constitutional proceedings, the nationalists cleverly altered the concept of what an executive office in a republic should be, by subtle changes in the wording of the document as Rothbard incisively explains:

[T]he nationalists proceeded to alter . . .  and exult the executive in a highly

important textual change.  Whenever the draft had stated that the president ‘may

recommend’ measures to the Congress, the convention changed ‘may’ to ‘shall,’

which provided a ready conduit to the president for wielding effective law-making

powers, while the legislature was essentially reduced to a ratification agency of laws

proposed by the president.  [190-91]

As if this was not bad enough the office was given the ability to create departments within its own domain.

In another fateful change, the president was given the power to create a

bureaucracy within the executive by filling all offices not otherwise provided for in

the Constitution, in addition to those later created by laws.  [191]

The totalitarian federal agencies that plague the daily lives of Americans were not some later innovation by the Progressive movement or New Dealers, but had been provided for within the document itself.  The efforts of those opposed to the various social welfare schemes of the past, which have been put into effect through the various Cabinet departments, have been in vain since the power was given to the Presidency and has been taken advantage of by nearly all of its occupants.

Rothbard’s analysis of the chief executive office is especially pertinent since the nation is once again in the midst of another seemingly endless presidential election cycle.  The reason that the office has attracted so many of the worst sort (which is being kind) is because of its power.  If elected, the ability to control, regulate, impoverish, and kill not only one’s fellow citizen, but peoples across the globe is an immense attraction for sociopaths!

A Coup d’état and Counter Revolution

Rothbard makes the compelling case that the Constitution was a counter revolution, which was a betrayal of the ideology that brought about the Revolution:

The Americans were struggling not primarily for independence but for political-

economic liberty against the mercantilism of the British Empire.  The struggle was

waged against taxes, prohibitions, and regulations – a whole failure of repression

that the Americans, upheld by an ideology of liberty, had fought and torn

asunder. . . .   [T]he American Revolution was in essence not so much against Britain

as against British Big Government – and specially against an all-powerful central

government and a supreme executive.  [307]

He continues:

[T]he American Revolution was liberal, democratic, and quasi-anarchistic; for

decentralization, free markets, and individual liberty; for natural rights of

life, liberty, and property; against monarchy, mercantilism, and especially

against strong central government.  [307-08]

There was, however, always a “conservative” element within the revolutionary leadership that admired Great Britain and wanted to replicate it in America.  It was only when there was no alternative to British political and economic oppression that they joined with their more liberal-libertarian brethren and decided for independence.

Conservatives did not go away after independence, but would continue to push for an expansion of government under the Articles and finally, after most of their designs were consistently thwarted, did they scheme to impose a powerful central state upon the unsuspecting country.

Yet, they would not have triumphed had a number of key liberal-libertarians of the revolutionary generation moved to the Right during the decade following independence.  Rothbard shows why he is the master in power-elite historical analysis in his discussion of this tragic shift, which would spell the death knell to any future politically decentralized America:

[O]ne of the . . .  reasons for the defeat of the Antifederalists, though they

commanded a majority of the public, was the decimation that had taken place in

radical and liberal leadership during the 1780s.  A whole galaxy of ex-radicals, ex-

decentralists, and ex-libertarians, found in their old age that they could comfortably

live in the new Establishment.  The list of such defections is impressive, including

John Adams, Sam Adams, John Hancock, Benjamin Rush, Thomas Paine, Alexander

McDougall, Isaac Sears, and Christopher Gadsden.  [308-09]

As the country’s elite became more statist and as political (Shays Rebellion) and  economic (a depression) factors played into their hands, conservatives seized the opportunity to erect on America a powerful national government:

It was a bloodless coup d’état against an unresisting Confederation Congress. . . .

The drive was managed by a corps of brilliant members and representatives

of the financial and landed oligarchy.  These wealthy merchants and large

landowners were joined by the urban artisans of the large cities in their

drive to create a strong overriding central government – a supreme government

with its own absolute power to tax, regulate commerce, and raise armies.  [306]

Conclusion

The Mises Institute and the editor of the book, Patrick Neumann, must be given immense credit for bringing this important piece of scholarship into print.  Once read, any notion of the “founding fathers” as disinterested statesmen who sublimated their own interests and that of their constituents to that of their country will be disavowed.  Moreover, The New Republic:1784-1791 is the most important in the series since the grave crises that the nation now faces can be traced to those fateful days in Philadelphia when a powerful central state was created.

Volume Five shows that the problems of America’s past and the ones it now faces are due to the Constitution.  The remedy to the present societal ills is not electing the “right” congressman, or president, but to “devolve” politically into a multitude of states and jurisdictions.  For the future of liberty and economic well-being, this is where efforts should be placed and Murray Rothbard’s final volume of Conceived in Liberty is essential reading if that long, arduous, but much necessary task is to be undertaken.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com

posted 02-10-’20

 

 

 

 

 

The Constitution Myth

One reason for the failure of the modern conservative and libertarian movements to scale back, in even a miniscule way, the now gargantuan US welfare/warfare state has been the misinterpretation of the US Constitution.  Many conservatives have a slavish devotion to the document, placing it on a par with the Ten Commandments and New Testament.

A typical misunderstanding of the Constitution’s history and content appeared in this recent op-ed:



The Constitution was intended to limit 1) the power


of government over the citizenry 2) the power of each branch of


government and 3) the power of political/financial elites over the


government and the citizenry, as the Founders recognized the intrinsic risks


of an all-powerful state, an all-powerful state dominated by one branch of


government and the risks of a financial elite corrupting the state to serve


the interests above those of the citizenry.*

The author, like so many “Constitution enthusiasts” has also been hostile to the Medieval era, denigrating its institutions and social constructs – feudalism, aristocracy, crusading – when, in fact, the Middle Ages, in many respects, were far freer with less government than the present epoch. **

When the founding fathers decided to meet in Philadelphia in 1787, they did so at first to “amend” the Articles of Confederation which had guided the young country through some perilous times.  While the Articles had some defects (some libertarians even contend that they were too statist***), the delegates, at first, did not want it scrapped, however, it was the “leading lights” of the convention which connived to completely do away with it.

By superior political maneuvering, the pro-Constitution forces were able to ramrod their plan through despite being in the minority.  Not only were the majority of the delegates initially against scrapping the Articles, but most Americans were opposed to the creation of a new central government. 

Despite this, the Constitution was ruthlessly pushed through and, as its opponents feared, America would be saddled with a highly centralized national government, the loss of considerable state sovereignty, and the eventual erosion of individual liberties even with the inclusion of a Bill of Rights.

A brief examination of the document reveals that its implicit and explicit language grants wide latitude for the expansion of state power.  In its Preamble, the ambiguous clause to “promote the general welfare” can and has led to all sorts of destructive social engineering schemes.  More ominously, for anyone that is under the illusion that America is governed by a “federal” system, they should reread Article VI which in part says

This Constitution, and the Laws of the United his Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land. [emphasis added]

An all-powerful central state went against much of Western history after the fall of the Roman Empire and the idea was always feared by philosophers.  Basic political theory and practical experience showed that a multitude of sovereign states were preferable not only for the protection of personal liberty, but for economic growth.  Numerous states and jurisdictions were a far greater check on government than the much celebrated “separation of powers” concept of constitutional government.

Under the Articles of Confederation, each individual state was autonomous while the national government had to rely on the states for most of its support.  Unfortunately, it will never be known what would have happened if the country remained as a confederacy of states, it is likely however, that there would have been less bloodshed, greater economic growth, and more personal freedom under a decentralized regime.

It is curious, therefore, why so many on the Right continue to revere the Constitution as some great bulwark against state power.  Much of it probably stems from ignorance or personal bias against the political conditions which existed prior to the late 18th century. 

Much of European history was under the sway of monarchial and aristocratic rule and the integral presence of the Catholic Church in society with a diffusion of power among kings, princes, dukes and Churchmen.  While far from perfect, the social order which existed under Christendom may not have been as materially or technologically advanced as contemporary times, but in regard to morality, justice, and individual freedom, there is no comparison.  The Christian age saw nothing of the social depravity, war making with its mass murder, the trampling of individual rights, and the existence of totalitarian government as witnessed in the supposedly “enlightened” modern age.

Decentralized Europe of 1300

Until it is realized that the Constitution is an impediment to rolling back the American Leviathan, there will be little progress in the fight for individual liberty and economic progress.

   

*Charles Hugh Smith, “Let’s Face It: The U.S. Constitution Has Failed.”  Zero Hedge.  20 February 2019. 

**One example, Charles Hugh Smith, “America’s ‘Neo-Feudal’ System is ‘Both False & Precarious.”  Zero Hedge 19 December 2018.

***David Gordon, ed., Strictly Confidential: The Private Volker Fund Memos of Murray N. Rothbard, Auburn, AL.: The Ludwig von Mises Institute, 2015, pp. 96-98.

Antonius Aquinas@antoniusaquinas

https://antoniusaquinas.com

[emphasis added]

The Gold Standard: Protector of Individual Liberty and Economic Prosperity

goldstandard vs.    the-bill-of-rights

 

 

The idea of a constitution and/or written legislation to secure individual rights so beloved by conservatives and among many libertarians has proven to be a myth. The US Constitution and all those that have been written and ratified in its wake throughout the world have done little to protect individual liberties or keep a check on State largesse.  Instead, in the American case, the Constitution created a powerful central government which eliminated much of the sovereignty and independence that the individual states possessed under the Articles of Confederation.

While the US Constitution contains a “Bill of Rights,” the interpreter of those rights and protections thereof is the very entity which has enumerated them.  It is only natural that decisions on whether, or if such rights have been violated will be in favor of the state.  Moreover, nearly every amendment which has come in the wake of the Bill of Rights, has augmented federal power at the expense of the individual states and that of property owners.

History has shown the steady erosion of individual rights and the creation of “new rights” and entitlements (education, health care, employment, etc.) which have occurred under constitutional rule.  Instead of limitation on government power, constitutions have given cover for the vast expansion of taxation, regulation, debt, and money creation.

While taxation has always been a facet of constitutional governments, it has been the advent of central banking and with it the elimination of the gold standard which has provided the means for the state to become such an omnipresent force in everyday life.  Irredeemable fiat paper money issued by central banks has also led to the entrenchment of political parties which has allowed these elites to create and subsidize dependency groups which, in turn, repeatedly vote to keep the political class in office.

Without the ability to create money and credit, the many bureaucracies, regulations, and laws could neither be created or enforced.  This would mean that the vast and powerful security and surveillance agencies could not exist or would be far less intrusive than they currently are.  With commodity money, debt creation would have to be repaid in gold, not monetized as it is currently done through the issuance of paper currency.

Just as important, it would have been next to impossible for the two world wars to have been fought and carried to their unimaginable destructive ends.  None of the populations involved would have put up with the level of taxation necessary to wage such costly undertakings.  Few of the wars which followed (most of which have been instigated by the US) could have taken place without central banking.  Nor could the level of “defense” spending – currently at a whopping $717 billion for fiscal year 2018 – be financed if the US was on a commodity standard.*

Under a gold standard, governments would have to rely on taxation alone.  Since citizens directly feel the effects of taxation, there is a “natural level” that it can be raised.  Punitive tax rates usually lead to a backlash and potential social insurrection which strike fear in the hearts of political elites.

Recent projections by the Congressional Budget Office again demonstrate that constitutional government provides little restraint on spending.

If present trends continue, the federal government will spend more on its interest serving its debt than it spends on the military, Medicare, or children’s programs.  It is also expected that next year’s interest on the debt will be some $390 billion, up an astonishing 50 percent from 2017.** And, for the entire fiscal year of 2018, the gross national debt surged by $1.271 trillion, to a mind-boggling $21.52 trillion.***

At one time, economists used to speak of the pernicious effects that “crowding out” had on an economy.  Since the onset of the “bubble era,” talk about deficits has almost dropped out of financial discussions.  Yet, the reality remains the same: public spending and borrowing divert scarce resources away from private capital markets to unproductive wasteful government projects and endeavors.

For those who seek a reduction in State power, defense of individual rights, and economic prosperity, the re-establishment of a monetary order based on the precious metals is the most efficacious path to take.  Such a social system would not require elaborate legislation or fancy proclamations of man’s inalienable rights, but simply a return to honest money – gold!

*Amanda Macias, “Trump Gives $717 Billion Defense Bill a Green Light. Here’s What the Pentagon is Poised to Get.”  CNBC.com 14 August 2018. https://www.cnbc.com/2018/08/13/trump-signs-717-billion-defense-bill.html

**Nelson D. Schwartz, “As Debt Rises, the Government Will Soon Spend More on Interest Than on the Military.”  The New York Times. 25 September 2018 https://www.nytimes.com/2018/09/25/business/economy/us-government-debt-interest.html

***Tyler Durden, “US Gross National Debt Soars $1.27 Trillion in Fiscal 2018, Hits $21.5 Trillion.” Zero Hedge.  2 October 2018.   https://www.zerohedge.com/news/2018-10-02/us-gross-national-debt-soars-127-trillion-fiscal-2018-hits-215-trillion

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com

A Constitutional Anniversary to Forget

constitutionstupid

While not a jubilee year, last week marked the 230th anniversary of the US Constitution.  Naturally, most of its devotees enthusiastically praised the document which by now is seen on a par with Holy Writ itself.  An editorial from Investor’s Business Daily provides an example of such hagiography:

The Constitution’s beauty is that it not only delineates our rights

as Americans, but expressly limits and defines government’s ability

to interfere in our private lives.   This equipoise between citizens’

duties, responsibilities and rights makes it the defining document

or our nation’s glorious freedom.

 

But America is wonderful largely because of the Constitution and

those who framed it . . . .

 

What we have is too precious to squander . . . .*

Most of the piece laments about the widespread ignorance of its sacred contents among the denizens in which it rules over and encourages the unlearned “to bone up a bit on your constitutional heritage . . . .”  The editorial fails, as do most others on the Right, to understand that it is not a lack of knowledge of the Constitution’s contents among the populace which lies at the heart of America’s social, economic, and political problems, but the very document itself.

One of the main reasons why the Constitution continues to be so widely venerated is due to the deliberate distortion of history that its “founders” promoted and that generations of its sycophants have continued to perpetuate to this very day.  The official narrative runs that the Constitution was enacted because of widespread popular support for a change to the supposed inadequacies and deficiencies of the Articles of Confederation.

This is a myth.  Instead, the Constitution was a coup deliberately schemed by the leading political and mercantile classes to set up a powerful central government where ultimate authority rested in the national state.  The use of the term “federal” to describe what was created in Philadelphia in those fateful days was a ruse much like the banksters and politicos used “Federal Reserve” to describe the central bank created in 1913.  It was neither “federal” – a decentralized monetary order – nor a “reserve” of gold, but a monetary institution which could create money out of thin air and eventually eliminate the gold standard.

It was a similar political maneuver 230 years ago as a new American national state was established and touted as a decentralized form of government where power was evenly divided between state and national levels and between the different branches of the government itself  – “separation of powers.”  In actuality, however, the “federal system” was the elevation of central power at the expense of local authority which had previously existed.  Section VI of the Constitution says it all:

The Constitution and the laws of the United States  . . .

shall be the supreme law of the land; and the

judges in every state shall be bound thereby, anything in the

Constitution or laws of any state to the contrary notwithstanding.

Elementary political science has shown and plain common sense knows that any person or institution given “supreme authority” will misuse and abuse such power.  Power tends to corrupt and absolute power corrupts absolutely is an undeniable dictum of human nature.  A truly decentralized system of governance would not contain a plank as “supreme law of the land” as part of its foundation.  Instead, real federalism would be dispersed, as it existed in the past in such political arrangements as confederacies, leagues, and, certainly, under the much maligned feudal social order.

Even the Constitution’s celebrated Bill of Rights is flawed and has proven to be ineffective in protecting basic human freedoms.  It is the federal government which enumerates and interprets what freedom individuals should possess.  Thus, the meaning and extent of individual liberties will be in the hands of federal jurists and courts who will invariably rule on cases in favor of the state.  The ensnaring of individual rights within the central government’s authority did away with the venerable common law which was a far greater defender of liberty than federal courts.

Just as important, the enactment of the Constitution, which brought all the individual states under it suzerainty, did away with one of the most significant checks on state power – “voting with one’s feet.”  When there are multiple governing authorities, if one jurisdiction becomes too oppressive, its subjects can move to freer domains.  This still happens on a local level as high tax and regulatory states such as California and New York have lost demographically to freer places like Nevada and Texas.  Yet, from the Federal Leviathan there is no escape, except expatriation.

Unless and until Americans and all the other peoples of the Western world who live under constitutional rule recognize that it is the type of government which is the cause of most of the political turmoil, social unrest, and economic malaise  which they face, there is no hope of turning things around.

*”Sturdy Constitution, ” Investor’s Business Daily, Week of September 18, 2017, A20.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com

Welcome to Totalitarian America, President Trump!

Deep-State-vs-Trump II

If there had been any doubt that the land of the free and home of the brave is now a totalitarian society, the revelations that its Chief Executive Officer has been spied upon while campaigning for that office and during his brief tenure as president should now be allayed.

President Trump joins the very crowded list of opponents of the American State which includes the Tea Party, tax resistors, non-interventionists, immigration opponents, traditional family advocates, and a host of others who have been spied upon, persecuted and badgered by federal “intelligence” authorities.  While Congress conducted some feeble hearings and investigations of the shenanigans of the US spy agencies during the interminable Obummer Administration, no real action or reform was taken to reign in the eavesdropping and spying by the national security state on American citizens.

Hopefully, the surveillance of President Trump will change his outlook on the US “intelligence community” especially in regard to those courageous souls who have spoken out and risked life and limb to alert the public about their rulers’ nefarious activities.  Edward Snowden should be among the first to receive a pardon while the person who provided him sanctuary from his American persecutors, the reviled Vladimir Putin, should be commended for his noble act, a rarity among world leaders in this democratic age.

President Trump has demonstrated throughout his life loyalty to those who have supported him.  He should, therefore, do all in his power to extricate Julian Assange from the Ecuadoran Embassy in Great Britain and provide him with safe conduct to the US or any destination in which the heroic whistleblower prefers.  Without the deluge of Wikileaks during last fall’s presidential contest exposing the massive corruption of the Clintonistas, it is unlikely that Trump would have ever prevailed never mind winning by an electoral landslide.

Not only has candidate and President Trump been monitored, but just about every American citizen is under surveillance, the data of which can be used against them at the appropriate time if and when they should challenge the American Leviathan.  NSA whistleblower William Binney confirmed what has been long known in government circles and by those Americans awake to Washington’s tyranny.

Binney confirmed Trump’s suspicion about surveillance to Fox News, “I think the president is absolutely right.  His phone calls, everything he did electronically was being monitored.”* He added that, “Everyone’s conversations are being monitored and stored.”

Ironically, it has been the immense wealth generated by a relatively free market in America that has provided the means for the government to create, expand, and maintain such a sophisticated and dangerous spying apparatus that is now being used on the very people funding it.  That such a situation could emerge under the supposed “checks and balances” of the US Constitution demonstrates again how truly worthless the document is in the protection of individual rights.

While reform of the current system has proven to be futile and without any constitutional restraint, it, unfortunately, will mean that spying and the murderous US empire of which it is a part will continue as long as the economy does not collapse and the dollar retains its world reserve status.  A silver lining, therefore, from a dollar crisis, would mean a decline in the US military and security state.

Of course, the demise of the US spy and military establishment will not be a simple process, but will be fraught with tremendous social and political upheaval and more than likely bloodshed as the Deep State will do everything in its power to protect its turf.

While a collapse may be a ways off, it is hoped that the spying on President Trump will move him to rethink his position on the Deep State which wants to sabotage his every move that goes against its interests most notably a potential detente with Russia.  Talk of deescalation of American military presence in world affairs is anathema to the powers that be.

In his Inaugural Address, President Trump repeatedly promised to put America first.  The nation’s intelligence agencies do not share that vision, but instead owe their allegiance to the New World Order.  If the President has not figured this out after having been secretly monitored, there is little hope for the near future.

*Tyler Durden. “Former NSA Whistleblower: ‘Trump Is Absolutely Right, Everything Was Being Monistored.'”  Zero Hedge.  3 March 2017. http://www.zerohedge.com/print/589722

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/

California, Nestle and Decentralization

calexit

Nestle USA has announced that it will move its headquarters from Glendale, California, to Rosslyn, Virginia, taking with it about 1200 jobs.  The once Golden State has lost some 1600 businesses since 2008 and a net outflow of a million of mostly middle-class people from the state from 2004 to 2013 due to its onerous tax rates, the oppressive regulatory burden, and the genuine kookiness which pervades among its ruling elites.* A clueless Glendale official is apparently unconcerned about the financial repercussions of Nestle’s departure saying that it was “no big deal” and saw it as an “opportunity,” whatever that means!

The stampede of businesses out of what was once the most productive and attractive region in all of North America demonstrates again that prosperity and individual freedom are best served in a political environment of decentralization.

That the individual states of America have retained some sovereignty, despite the highly centralized “federal” system of government of which they are a part, has enabled individuals and entrepreneurs living in jurisdictions that have become too tyrannical to “escape” to political environments which are less oppressive.  This, among other reasons (mainly air conditioning), led to the rise of the Sun Belt as people sought to escape the high taxes and regulations of the Northeast to less burdensome (and warmer!) southern destinations.

This can also be seen on a worldwide scale.  The US, for a long time, had been a haven of laissez-faire economic philosophy, which, not surprisingly, became a magnet for those seeking opportunity and a higher standard of living.  No longer is this the case as increasing numbers of companies and individuals are seeking to avoid American confiscatory tax and regulatory burdens and move “offshore” or expatriate to more favorable economic climates.

The idea of political decentralization as a catalyst for economic growth has become a part of a “school of thought” in the interpretation of how Europe became so prosperous compared to other civilizations.  After the fall of the Roman Empire, Europe for centuries was divided politically among numerous jurisdictions and ruling authorities with no dominant central state on the Continent.  The multitude of governing bodies kept in check, to a large degree, the level of taxation and regulation.  If one state became too draconian, it would lose population to less oppressive regimes.

Just as important, Europe’s governing system was aristocratic and monarchical which has proven to be far more conducive for economic growth than democracies.

While the economic oppressed can escape among the various states, there is no avoidance from the wrath of the federal government unless through expatriation and that option has become less viable with those leaving still subject to tax obligations.  This, fundamentally, is the crux of the problem and has been since the ratification of the US Constitution in 1789.

The chance that a totalitarian state such as California or the Leviathan on the Potomac would actually reform themselves or relinquish power through legislative means is a mirage.  Nor will revolution work as revolutionaries while appearing altruistic, typically get a hold of the machinery of government to plunder society for their own self interest on a far grander scale than the supposed despots which they replaced!

The only viable option for the productive members of society to seek redress of state oppression is to argue, work, and eventually fight for political secession and the fragmentation of states as much as possible.  Decentralization is the only hope for those opposed to the modern, omnipotent nation state.  Moreover, any notion or effort to salvage the current centralized political system must be abandoned.

Naturally, before the breakup of the nation state can become a reality, the ideological case for political decentralization must be made.  Public opinion must be convinced of the superiority of a world consisting of many states.  Such a cause, however, will be considerably difficult after generations have been raised and made dependent upon social democracy.

When Nestle and other oppressed businesses and individuals can easily escape the clutches of totalitarian entities like California and, more importantly, the most dangerous government on the face of the earth for freer destinations, then will individual liberty and economic growth be assured.

*Terry Jones, “Another Big Company Departs California – Will Last One to Leave Shut the Lights?”  Investor’s Business Daily. February 3, 2017.  http://www.investors.com/politics/commentary/another-big-company-departs-california-will-last-one-to-leave-shut-the-lights/

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/

 

On the 225th Anniversary of the United States’ Bill of Rights

the-bill-of-rights

This December, 2016, marks the 225th anniversary of the ratification of the first ten amendments to the US Constitution which would become known as the “Bill of Rights.”  To secure passage of the Constitution, the framers of the document (the Federalists) had to agree that it would contain explicit language on individual rights.

Ever since its ratification, the Bill of Rights and the Constitution in which it is a part, has been hailed as one of the seminal achievements in the annals of human history while the political arrangements prior to it (primarily monarchy and aristocratic rule) have been sneered at and belittled by the Constitution’s hagiographers.   Moreover, the American Constitution has provided a model for the emergence of the nation state which came into its own after the French Revolution and the tragic breakup of Christendom.

History, however, if looked at outside the Anglo-American perspective has shown that far from a protector of individual liberty, the Bill of Rights has been mostly useless in defense of basic freedoms while the Constitution, that it is a part of, has been a vehicle for the expansion of state power to an unfathomable degree.

Despite the supposed guarantees of individual liberty within the Bill of Rights and the supposed limited nature of the Constitution itself, there has never been a more intrusive state in world history both domestically and in its myriad of interventions across the globe than the Leviathan that rests on the shores of the Potomac River.  And, the rise of American totalitarianism did not begin with the revelations of Edward Snowden and the other courageous whistle blowers of the recent past, but started soon after the new “federal” state came into existence with the passage of the Alien & Sedition Acts.  Each year since has witnessed the growth of state power at the expense of individual rights where now domestic spying and surveillance are part of the nation’s social fabric.

The primary reason why the Bill of Rights has been unable to secure basic liberties is because the federal government and its courts are the ultimate interpreters of the Constitution and its amendments as explicitly stated in Article VI, section 2, subtitled, Supreme Law of the Land:

This Constitution and the laws of the United

States which shall be made in pursuance thereof,

and all treaties made, or which shall be made, under

the authority of the United States, shall be the supreme

law of the land; and the judges in every state shall be

bound thereby, anything in the constitution or laws of

any state to the contrary notwithstanding.

Since the central government is the final arbitrator of the document, any ruling or decision on particular laws or regulations which would impinge on individual rights will, for the most part, be favorable to the government itself.  And, due to man’s fallen nature, any such power will be abused.

The ratification of the Constitution in 1789 made in essence the individual states mere appendages of the central government.  While the Constitution’s sycophants boast of its “checks and balances,” a far superior bulwark against political repression is that of people “voting with their feet.”  Under the Articles of Confederation, when the national government was not the supreme law of the land, if a certain state became too tyrannical, at least in theory, and had the much neglected Articles remained in place, those persecuted could simply move to a more friendlier jurisdiction.

This would also hold true in the realm of taxation and regulatory policy.  Those political authorities who became too confiscatory in their taxing or enacted burdensome regulations could also see population outflows.  Similar activity goes on all the time currently as people flee high tax municipalities and states like California and New York to lower tax regions such as Florida and Texas.

For voting with one’s feet to be most successful, there needs to be a multitude of states and political jurisdictions.  In the current political climate, this would mean the breakup of the nation state.  Secession and political decentralization should thus be the goals of those who prize individual liberty and prosperity, not the celebration of constitutionalism and the supposed guarantees of personal freedoms under ideas such as the Bill of Rights.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/

“A Date Which Will Live in Infamy:” President Nixon’s Decision to Abandon the Gold Standard

Nixon-Gold

Franklin Delano Roosevelt called the Japanese “surprise” attack on the U.S. occupied territory of Hawaii and its naval base Pearl Harbor, “A Date Which Will Live in Infamy.”  Similar words should be used for President Nixon’s draconian decision 45 years ago this month that removed America from the last vestiges of the gold standard.

On August 15, 1971 in a televised address to the nation outlining a new economic policy entitled, “The Challenge of Peace,” Nixon instructed the Treasury Department “to take the action necessary to defend the dollar against the speculators.”*

Nixon continued:

I have directed Secretary Connally to suspend temporarily the convertibility of the dollar into gold or other reserve assets, except in amounts and conditions determined to be in the interests of monetary stability and in the best interests of the United States.**

Of course, any objective student of history knows that this was a lie and that it was not “speculators” which were causing monetary instability, but the U.S.’s own crazed inflationary policy which attempted to fund its imperialistic endeavor in Vietnam while expanding the welfare state at home.  This resulted in the Treasury losing an alarmingly amount of gold reserves to other central banks who rightly sought real value in exchange for depreciated American greenbacks.

In essence, Nixon’s decision ended gold redemption and placed the U.S. and the rest of the world on a purely fiat paper standard for the first time in recorded time.  By doing so, the U.S., in effect, became a deadbeat nation which no longer honored its obligations and was set on the road to its current banana republic status.

Instead of impeachment proceedings and his ultimate resignation for the juvenile break in at the headquarters of the nation’s other ruling crime syndicate, Nixon should have been imprisoned for this deliberate and destructive act which has led, in large measure, to the nation’s crushing and insurmountable debt burden, reoccurring booms and busts, and now economic stagnation.

Nixon’s disastrous decision had precedent.  FDR had his own day of monetary infamy in 1933 when, by Executive Order 6102, he outlawed the private ownership of the precious metal while eliminating  gold redemption by banks for dollars.  Ostensibly, the order was instituted as an emergency measure to combat the Depression, but in reality, it was done to allow the Federal Reserve greater “flexibility” in inflating the money supply.

While Roosevelt and Nixon’s decisions would backfire economically, their actions highlighted the totalitarian direction that the federal government and its executive branch were heading throughout the 20th century.  Moreover, the lack of opposition or protest to blatant executive dictatorial decrees by either the legislative or judicial wings of the federal government demonstrates again the flawed and frankly naive argument put forth by Constitutionalists of every ideological persuasion on how the celebrated “separation of powers” theory checks tyranny.

Nixon’s final abandonment of the gold standard had far greater ramifications than simply bad economics.  Without the discipline of hard money, central banks could, and did, create massive quantities of paper money and credit, which enriched the politically connected financial elites and the governments which they were aligned.  Such power was used, in time, to control, spy on, and regulate the subject populations to a degree never seen before.  The power of the state has swelled mostly through bank credit expansion without worry of gold redemption.

Despite what is taught in social science courses, a true gold standard is a greater protector of individuals’ economic well being and, ultimately, their political liberty than any legislation or “rights” document ever penned.  Hard money limits state power!

While it is painful to quote from an ardent opponent of sound money, the international bankster Baron Rothschild said it best when he described the relationship of money and power: “Permit me to issue and control the money of a nation, and I care not who makes its laws.”

Richard Nixon’s elimination of the last remnant of the gold standard over four decades ago combined with FDR’s earlier decree has fulfilled to the detriment of the American and world economies Baron Rothschild’s adage to a tee.  The return of prosperity and individual liberty will only come about when these two heinous acts are eradicated.

*Richard M. Nixon.  “Address to the Nation Outlining a New Economic Policy: ‘The Challenge of Peace.’”  The American Presidency Project.  15 August 1971. http://www.presidency.ucsb.edu/ws/?pid=3115

**Ibid.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/

 

Presidential Dictatorship

Sic Semper tyrannis II

Executive orders, undeclared wars, drone hits, assassination of citizens and non-citizens alike, the overthrow of foreign regimes, domestic spying, the abetting of known criminal activities through pardons, economic planning, opening borders, monetary manipulations are just some of the nefarious activities that routinely emanate from the most dangerous political office that the world has ever painfully come to know – the United States Presidency!

The U.S. presidents can and have created a veritable “hell on earth” for their opponents, perceived enemies, and the innocent not only in the country in which they reign, but over the lives and fortunes of peoples and places where they have absolutely no authority to interfere.  While other chiefs of state have theoretically had such power, U.S. presidents have been able to inflict their destruction and chaos because, paradoxically, the nation’s free-market system, for a long time, created immense wealth which could be tapped into.

The tyrannical nature of the presidency was recognized long ago by those politically perspicacious men who opposed both the office and the draconian document which created it.  Few groups in history have been so vindicated for their foreboding as those who vainly argued against the ratification of the United States Constitution than the Antifederalists.

“An Old Whig”* aptly sums up the damage that would come about if the Constitution was ratified and the office of president would come into being:

. . . the office of President of the United States appears to me

to be clothed with such powers as are dangerous.  To be the

fountain of all honors in the United States, commander in chief

of the army, navy and militia, with the power of making treaties

and of granting pardons, and to be vested with an authority to

put a negative upon all laws, unless two thirds of both houses

shall persist in enacting it, . . . .**

An Old Whig saw that the president would become a “king” but without the natural and binding checks that even the most absolutist of monarchs were restrained by:

[The president] is in reality to be a KING as much a King

as the King of Great Britain, and a King too of the worst

kind; – an elective King. . . . The election of a King

whether it be in America or Poland, will be a scene of

horror and confusion; and I am perfectly serious when

I declare that, as a friend to my country, I shall despair

of any happiness in the United States until this office

is either reduced to a lower pitch of power or made

perpetual and hereditary.***

One of the Federalists’ counterarguments to the Antifederalists’ concern over the presidential office was the widely held assumption that George Washington would become the new Republic’s first chief executive and the general knowledge of his impeccable character would assuage those worried of potential executive overreach.  Such a lame response neglected to look into the future when the office’s huge potentiality for despotism would be sought after and won by those who had less upstanding personal traits than the father of the country.

The growing decentralized political movements throughout the world with, for instance, the hopefully upcoming British exit from the European Union, can only be enhanced if the office of the president and, for that matter, all other nation state’s chief executives are exposed as tyrannical institutions which are anathema to individual liberty and collective self-determination.  Presidents, premiers, chancellors, prime ministers, and their like along with central banking are the two nefarious pillars of power of the modern nation state whose continued existence guarantees perpetual war and economic regression.

In this seemingly interminable presidential election cycle, populist, libertarians, conservatives, and all sorts of anti-Establishment types are delusional if they believe the totalitarian direction in which the country is now headed will be reversed through elections or choosing the “right” candidate.  “Making American Great Again” will only come about when the chief executive office and the statist document that created it have been repudiated.

Prior to the presidency’s abolition, its ideological justification must be first debunked.  There is no finer place to start for this most necessary task to take place than in the dissemination of the perceptive and enduring words of the much neglected Antifederalists.

 

*Probably penned by a group of Philadelphia Antifederalists – George Bryan, John Smilie, James Hutchinson and maybe others.  See, John P. Kaminski & Richard Leffler, eds., Federalists and Antifederalists: The Debate Over the Ratification of the Constitution.  Madison, Wisconsin: Madison House Publishers, 1989, p. 18.

**Ibid., p. 86.

***Ibid.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/