Tag Archives: Constitution

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/

Another Constitutional Convention: An Idea Whose Time Has Not Come

const conven

In the midst of the seemingly indeterminable presidential electoral campaign, some of the candidates have been asked about the possibility of convening a constitutional convention in the hope of addressing the nation’s most pressing issues, most ominously the gargantuan federal deficit now in excess of $18 trillion.

Governor John Kasich supports such a notion with the explicit purpose of passing a balanced budget amendment.

Mark Meckler, president of Citizens for Self Governance, a leading group pushing the idea, believes that “If it starts to become a serious presidential issue, we could get it done in 2016.”*

Not all presidential contenders are on board with the idea. Senator Marco Rubio has expressed trepidation over the possibility of a convention for amending the current document fearful that it would lead to a total rewrite:

Just make sure that we know how it is going to turn out
because if you open up the Constitution, you are also
opening it up to people that want to re-examine the First
Amendment, people that want to re-examine the Second
Amendment, people that want to re-examine some other
fundamental protect[ions] that are built into the Constitution.”**

Unlike most issues on which he pontificates, Senator Rubio is this time right in his analysis, but most likely for the wrong reasons.

The original Constitutional convention was called to “revise” the supposedly defective Articles of Confederation, but by the time the deliberations (more like arm twisting, threats, and bribes) were over, the Articles had been replaced by a brand spanking new document. The Constitution granted the central government far more power than it had before while the individual states had, in effect, lost their cherished sovereignty and had become mere appendages within the new “federal” union.

Under the current ideological climate, the convocation of another constitutional convention would not return the nation to its halcyon days as a confederation of independent states, but would more than likely increase the central government’s power at the expense of what is left of state and individual rights. The idea of amending the current document is naïve at best, but more importantly a gigantic waste of time.

Groups like Citizens for Self Government do not grasp the essential problem of American political, social and economic life. It is the Constitution itself that is the cause of the myriad of problems which besiege the land. The adoption of the Constitution despite what its sycophantic champions of today and yesteryear have erroneously argued, created a highly centralized national state which is virtually limitless in its power.

The Articles of Confederation, on the other hand, were just that – a system where the national government was dependent for its existence on the individual states’ benevolence. American constitutional history can be seen as the systematic destruction of state, regional, local and, eventually, individual sovereignty from the aggrandizement of federal power, all achieved under Constitutional rule.

The Constitution negates one of the great safeguards of individual liberty – “voting with one’s feet.” Under a confederation of states, tyranny can be avoided, to an extent, by simply relocating to another political jurisdiction. If a state becomes too confiscatory in its taxing policies, its subjects can move to a less tax burdensome district. Thus, the more political jurisdictions there are the better.

Under the Constitution, there is no escape from its dictates unless one expatriates. The ability of populations to move and the greater number of political units provides a far superior check on tyranny than the supposed “checks and balances” and “separation of powers” so celebrated in American federalism.

Amendments, conventions, “strict interpretation” of the Constitution, and all other reforms of the federal system will do nothing to limit or eventually slay the American Leviathan. Decentralization is the key which means secession and a dismantling of the Union.

Secession should not be limited to the Union, but allow for the breakup of the existing states along political, economic and cultural lines. States as geographically, culturally, and economically diverse as California should be broken down into numerous smaller entities. The overriding principle in regard to liberty and prosperity is the greater number of political configurations the better.

Until the Constitution is seen for what it truly is, the rapacious federal state will continue to gorge itself on the ever dwindling productive efforts of its citizenry. Once this is recognized and efforts are taken to disembowel the beast, will the lives, liberties, and property of Americans and a great many around the globe be secured.

*David Sherfinski, “GOP Hopefuls’ Support Boosts Constitutional Convention Idea.” The Washington Times. 24 December 2015.
**Ibid.

Antonius Aquinas@AntoniusAquinas

The Constitution’s Big Lie

Rossiter II

One of the greatest hoaxes ever perpetrated upon Americans at the time of its telling and which is still trumpeted to this very day is the notion that the U.S. Constitution contains within its framework mechanisms which limit its power. The “separation of powers,” where power is distributed among the three branches – legislative, executive, judicial – is supposedly the primary check on the federal government’s aggrandizement.

This sacred held tenet of American political history has once again been disproved.

Last Friday (October 23), the Attorney General’s office announced that it was “closing our investigation and will not seek any criminal charges” against former Internal Revenue Service’s director of Exempt Organizations, Lois Lerner, or, for that matter, anyone else from the agency over whether they improperly targeted Tea Party members, populists, or any other groups, which voiced anti-government sentiments or views.

The Department of Justice statement read:

The probe found ‘substantial evidence of mismanagement,
poor judgment and institutional inertia leading to the
belief by many tax-exempt applicants that the IRS targeted
them based on their political viewpoints. But poor
management is not a crime.’ (My emphasis)

Incredibly, it added:

We found no evidence that any IRS official acted based on
political, discriminatory, corrupt, or other inappropriate
motives that would support a criminal prosecution.*

That the DOJ will take no action against one of its rogue departments demonstrates the utter lawlessness and totalitarian nature of the federal government. The DOJ’s refusal to punish documented wrongdoing by the nation’s tax collection agency shows the blatant hypocrisy of Obummer, who promised that his presidency would be one of “transparency.”

It can be safely assumed that Congress will not follow up on the matter, as Darrell Issa (R-Ca.), who chaired a committee to investigate the bureau’s wrong doings, admitted that its crimes may never be known.** The DOJ and Issa’s responses are quite predictable once the nature of the federal government and, for that matter, all governments are understood.

Basic political theory has shown that any state is extremely reluctant to police itself or reform unless threatened with destruction, take over, or dismemberment (secession). The Constitution has given to the federal government monopoly power where its taxing and judicial authority are supreme. It will not relinquish such a hold nor will it seek to minimize such power until it is faced with one of these threats.

While it was called a federated system at the time of its enactment and ever since by its apologists, the reality of the matter is quite different. As the Constitution explicitly states in Art. VI, Sect. 2, the central government is “the supreme law of the land.” The individual states are inferior and mere appendages to the national government – ultimate control rests in Washington.

In fact, it was the Constitution’s opponents, the much derided Antifederalists, who were the true champions of a decentralized system of government while their more celebrated opponents such as Madison, Hamilton and Jay wanted an omnipotent national state.

Thus, in the American context, the only method for those oppressed by the federal government is to either threaten or actually go through with secession. Attempts to alter its dictatorial rule through the ballot box or public protests are futile. While there will naturally be outrage at letting the IRS off the hook, focus and anger must be redirected away from participation within the current political system to that of fundamental change.

Congress’ refusal to prosecute an executive bureau that has deliberately used (and is still using) state power to oppress and harass opponents of the Obama regime demonstrates the bankruptcy of the idea that separation of power limits tyranny. Federal power and the corresponding tyranny and corruption which it has bred has never been countered by the checks and balances and separation of powers of the supposed “federal republic” created a little over two centuries ago.

Until the “big lie” of the Constitution is realized, agencies like the IRS will continue to target and tyrannize anti-government organizations, groups, and individuals. The Constitution provides no real mechanism for the redress of grievances from the subjects which it rules. Only when the breakup of the federal Union has taken place, will American liberties and freedoms be secured.

*Tyler Durden, “DOJ Closes Lois Lerner Investigation Without Charges.” Zero Hedge http://www.zerohedge.com/news/2015-10-23/doj-closes-lois-lerner-investigation-without-charges
October 23, 2015.
**Melanie Batley, “Issa on IRS Scandal: May Never Get the Truth.” Newsmax http://www.newsmax.com/US/issa-scandal-irs-investigation/2014/07/09/id/581638/ July 9, 2014.

Antonius Aquinas@AntoniusAquinas

Down with the Constitution!

constitution burning

 

 

 

 

 

It has been quite an eventful and productive couple of weeks for the forces of statism in the former “land of the free, and home of the brave.”

The federal government’s highest court has enshrined “perversity” into law, guaranteeing untold amounts of future litigation while infringing on the right of freedom of association and, just as important, “disassociation” for those who rightly consider sodomy an abomination which wantonly mocks the Author of the natural law.

Prior to its cultural wrecking decision on “gay marriage,” the Court ensured that socialized medicine would become a permanent feature of American life upholding a key provision of Obamacare.

While the Supreme Court was issuing its heinous decisions, the two other federal branches of government were also actively augmenting the American Leviathan. After considerable arm twisting, threats, payoffs, and a large dose of GOP support, President Obummer was able to secure passage of the TPA fast-track legislation one of, if not, the greatest piece of “crony capitalism” ever conceived. Of course, in the current statist era, the exact details of this monstrous law has, as of yet, been made public, however, what has been made known is quite chilling.

While these liberty-defying acts were being committed, a prior provision of the American police state was renewed by Big Brother Barack and his Congressional Commissars. The National Defense Authorization Act (NDAA) which outlines the budget and expenditures of the U.S. Defense Offense Department has since 2012 contained the provision (section 1021) “which allows the Federal government, through military force, to arrest anyone, including American citizens, without a warrant, and hold them indefinitely without charges or due process – habeas corpus.”

Naturally, there was considerable outrage among freedom groups and those within the alternative media over the latest expansion of federal power. The responses, however, were typical with calls for “taking back the country from the globalists,” “restoring the Constitution,” “electing liberty-loving candidates to office.” The latter cry was spoken about the most with the Presidential election around the corner with some commentators speculating on which candidate could best “turn things around.”

Such talk and the tactics promoted to combat totalitarian America have been trumpeted so many times that they have long ago lost their appeal. They are not only worn out, but they would not work even if successfully implemented, simply because they are not directed at the source of the problem.

The recent judicial decisions, the many wars, the debasement of the currency, spying, the fomentation of racial violence, and the ruination of the economy are the result of a single institution – the United States federal government – which was surreptitious created with the “ratification” of the Constitution in 1789 against, as most historians agree, the will of the American majority for which it would tyrannically rule over ever since.

“The Miracle at Philadelphia” was a “miracle” only in the sense that the event has been viewed as some sort of liberty defining watershed where individual rights would be safeguarded and state power held in check by the Constitution. Few historical fantasies have been believed for so long!

Instead of a federated system where power is decentralized between national and local governments, the Constitution created a highly centralized state through the document’s often vague terminology “for the general welfare,” and its explicit grants of power, “federal statute is the supreme law of the land.”* The highly lauded system of “checks and balances” between the three branches of government have rarely, if ever, stemmed the growth of state power.

Yet, despite the suzerainty of the federal state, “patriots” and all those opposed to the regime still believe the system can be “reformed.” Even when the national government is controlled by those supposedly sympathetic to liberty, government power continues to expand while any previous welfare or draconian measure enacted are never curtailed, much less abolished.

Attempts at reform or working within the “political process” is a gigantic waste of time. Instead, such efforts should be directed at secession the goal of which is the dismemberment of the Federal Union into sovereign, independent entities, the greater in number the better.

Until the Constitution is recognized for what it is, the chances of ending the American police state, economic recovery, and the cessation of the myriad of global conflicts, wars, and hostilities in which the U.S. is actively fomenting, are next to nil.

The dissolution of the U.S. “federated” Republic is not only necessary for the well being of Americans, but for the peoples of the globe, millions of which have been murdered, intimidated, plundered, and spied upon by the Leviathan residing on the shores of the Potomac. Likewise, as the Constitution has served as a model in the development of nation states throughout the last three centuries, so its demise will provide an example for the rest of the world to hopefully emulate.

* Kenneth W. Royce, Hologram of Liberty: The Constitution’s Shocking Alliance with Big Government.  Javelin Press, 2nd ed., 2012, pp. 105-106.

Antonius Aquinas@AntoniusAquinas