The U.S. Constitution—A Model for the World

(but we must be vigilant to preserve it)

 

By Richard Kieninger

 

Introduction

A constitution establishes in writing a pact between the Citizens of any group or nation. It sets the standards of human inter-relationships and how the affairs of the whole shall be administered. It behooves the people to establish in their constitution just protections of their individual rights and freedoms. That is their natural, primary concern. The U.S. Constitution also tried to limit the powers of those who would become leaders and administrators. Most of those protections have since been overridden and the Constitution ignored by the courts and officialdom.

 

The Nation of God will also have a Constitution primarily directed toward protections of human freedom and the strict limitation of government Where there is not a strong moral convention agreed to by all citizens, there is a need for laws and punishment by the State. A moral people who carefully and lovingly pass along their karmically sound ways to succeeding generations need few codified directions imposed on them.

 

“Our Constitution was made only for a moral, religious people.

It is wholly inadequate for the government of any other.”

 

John Adams

 

Creation of the U.S. Constitution

In the beginning, all power and authority was in the hands of the People in each of the original thirteen American colonies. Because of the inexperience in working together to rebuild a new life in a new land, they learned that working together, in unison, was the secret to their success and this realization gave rise to the concept of State, which was eventually solidified through agreements through the legal process of the contract. Those original agreements formed State-level governments of the representative type that later became known as the original thirteen States.

 

During 1776, representatives of the original thirteen States met and created another contract called the Constitution of the United States of America. This contract was written and agreed to by the representatives from each State in order to establish an agency that was to act as an employee under the direction of the States. The States were authorized to enter into this agreement by their respective State Constitutions, which predated the Union and which were previously approved by the People in each of the States.

 

In overview, the U.S. Constitution grants the following:

 

Article I establishes the legislative section of the federal government and states exactly what it can do. Section 1:

“All legislative powers herein granted shall be vested in a Congress of the United States...” Section 8 enumerates all actions that the Congress may perform: borrow money, regulate commerce, establish uniform rules, coin money, provide for punishment of counterfeiting, establish post offices, etc. Article 1, Section 8, Paragraph 17 gives the geographical boundaries of the power and control granted to the federal government: “To exercise exclusive legislation in all cases whatsoever, over such district-not exceeding ten miles square-...” This geographical area has since become known as the District of Columbia.

 

The use of the word “exclusive” means that no other legislative body may exercise the listed legislative actions in that area, the actions cannot be delegated and the delineation of the geographical boundaries prohibits the federal government from creating legislation that is applicable outside that boundary.


Article II establishes the executive branch of the federal government. Sections 2 and 3 enumerate the powers and duties of the president, respectively. “The executive power shall be vested in a president of the United States” establishes an executive officer, who is the head of the corporate United States. He is the leader of the federal government, not of any individual State governments. Article II ends with, “The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.” Misdemeanors include traffic tickets, etc.

 

Article III establishes a judicial section of the federal government Section 1: “The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.” The U.S. Constitution establishes only the supreme court and grants only judicial power to it. Therefore, any court established by Congress is not an Article III court but rather a tribunal, legislatively established under the powers granted to Congress. These, too, have no judicial power to act within any State because the court has been established by the U.S. Congress.

 

Article IV defines the relationships between the States, and Article V describes the legal procedures used to

amend the Constitution. Article VI states that no State can enact laws contrary to the U.S. Constitution, meaning that if a State passes a law or has something in its Constitution that is contrary to the U.S. Constitution, the State judges are bound to follow the U.S. Constitution Article VII describes the original way the Constitution was accepted.

 

In addition to the contract between the States (U.S. Constitution), the Bill of Rights (first ten Articles) was ratified by the original thirteen States on December 15, 1791. These amendments serve to define some of the basic human rights and specify those that, over the centuries, have been singled out for attack by these who would seek to subjugate all mankind.

 

Of importance is Amendment IX, which states: “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people, “meaning that there are only “certain” (not all) rights listed in the Constitution, and the lack of complete listing does not deny the existence of any others nor does it imply a lack of protection of any other rights of the People. It also implies that the God-given, natural rights of the People are not granted by the Constitution, but rather, that some of these rights are administered and protected by a governmental organization. The Tenth Amendment states this explicitly: “The powers not delegated to the United States nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In other words, the Citizens of the fifty States are not subject to any power of the federal government-there can be no controversy between a Citizen of any State and the federal government because the U.S. Constitution grants the federal government no jurisdiction or authority to operate within the boundaries of any State, which is where all People reside. So if a power is neither specifically delegated to the federal government by the U.S. Constitution, nor prohibited to the States, then that power is reserved to the States or to the People.

 

“The theory that the United States government created by the Constitution is one of limited and enumerated powers and that the Constitution is a measure and test of the powers conferred applies with as much force to its judicial as to its executive and legislative powers. At the time of the adoption of the Constitution, the several States had their own system of courts which had general jurisdiction over persons and things within their territorial limits. whatever judicial powers were not specifically conferred on the federal judiciary were withheld and belonged to the several States or the People thereof Therefore, in prosecuting and defending any litigation in a federal court, it must always be remembered that the jurisdiction of the federal court is a limited one, depending either upon the existence of a federal question or citizenship of the parties in different States. where these elements of jurisdiction are wanting, it cannot proceed, even with the consent of the parties. “        

 

Charles C. Montgomery (Professor, College of Law, USC)

 


The State Constitutions

The State Constitutions are supreme to the U.S. Constitution within the boundaries of their respective States. In this regard, the U.S. Constitution can be considered simply as a contract between culturally diverse groups of People organized within State boundaries. The freedoms and protections enumerated and guaranteed by the Constitutions, along with the practical implementations (economic, agricultural, educational and scientific) installed by President Lincoln, set the stage for an unparalleled growth and subsequent rise in stature and power of the United States that was acclaimed by many of the nations of the world

 

States are free and independent groups of People, subject only to their Constitution and the Constitution of the United States. The maintenance of our free institutions and the perpetuity of the Union depend on the preservation of the right of local self-government, unimpaired to all the States. That political power is inherent in the People, and all free governments are founded on their authority and instituted for their benefit. The faith of the People of any State stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

 

Neither the U.S. nor the State Constitutions grant the People any rights. They grant us nothing. They enumerate the rights God gave us. We, the People, grant government power through delegation.

  

“The greatest disadvantage to socialistic governments is that they tend to become dominated by bureaucrats and dictators. Looters who publicly mouth their devotion to the general welfare manage to gain control over the vast public resources of the state for their own gain. The laborers are all too receptive to the power-seeking politician’s promise of legalized seizure of envied wealth, but the politician’s promised and much-vaunted classless society somehow soon gains a new aristocracy embodied in the bureaucrats. Clandestine pilfering by government officials later gives way to thinly veiled grabbing of vast sums. The economy becomes ever weaker from these blood-sucking officials; and when financial chaos looms on the nation’s horizon, a battle for power is inevitable among the officials over the dwindling revenue available for pilfering. The strong man who arises victor in such a contest is usually the most unscrupulous of the lot, and he takes over as dictator. “          

 

The Ultimate Frontier

  

Creation of the United States, Inc.

The limits placed on federal control and jurisdiction were subverted by an interpretation of Article I, Paragraph 17 and used to justify creation of a corporation called “the United States.” By this means, the federal government created an entity to eventually acquire legislative control over the entire nation. Operating within the laws of a corporation, it could evade the restrictions of the Constitution and offer personal immunity to members of Congress, to the judiciary and to the executive branch, making it nearly impossible to prosecute those members for their wrongful actions.

 

Creating Citizens of the U.S., Inc.

The 14th Amendment, allegedly ratified in 1868, created dual citizenship for all native-born or naturalized Citizens by a legislative (Congressional) act. Although promoted as a grant of equality for non-whites, all State Citizens fell under the jurisdiction of the United States. “United States,” (the District of Columbia and Territories) does not include any States, then or now. Before that Amendment, there was no such thing as a U.S. citizen, as everyone was a Citizen of the State of their birth, first and foremost.

 

If true racial equality had been the issue, Congress could have simply extended the God-given Rights, Privileges and Immunities of the Common Law to all people regardless of race. But Congress chose instead to assume jurisdiction over all non-white people by granting them citizenship in the District of Columbia—a “privilege” that could be taxed. Under Common Law, God-given Rights cannot be taxed by any American government, Federal, State, County or City.

 

Section 4 of the 14th Amendment appears to prevent payment of damage claims against the federal government to Southerners who had been damaged by the loss of slaves or property in the Civil War. But the real point of Section 4 is to grant Congress the right to enter into debt without challenge as to the validity of that debt. Now the courts merely take “silent judicial notice” and refuse to consider the national debt in any ruling.

 

Expanding the United States, Inc.

In 1913, Congress enacted three major pieces of legislation to further solidity the growing power of the federal Government.

 

 First, the Federal Reserve Act was enacted, which is entirely unconstitutional and was never ratified. This congressional action turned control of the country’s money supply over to a private corporation, called the Federal Reserve Bank. For the first time in our nation’s history, a private corporation controlled the nation’s money supply. In return’ Congress received unlimited borrowing and spending power, which was quickly reflected in a greater national debt and rising inflation.

 

Second, the 16th Amendment, the so-called Income Tax Amendment, allegedly overrode Article 1, Section 2, Paragraph 3 of the Constitution, which read: “Representatives and direct taxes shall be apportioned among the several states which may be included within the Union, according to their respective numbers...” The 16th Amendment changed it to read: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

 

In 1861, Congress passed the first income tax that was only applied to federal employees. Their idea was that working for the federal government was a “privilege.” Privileges can be taxed and therefore, a tax on federal income is a valid tax. Even though this and similar taxes were struck down over the years by the Supreme Court, Congress finally instituted a way for Americans to voluntarily subject themselves to income taxes via the 16th Amendment

 

The Supreme Court ruled, in 1908, (Shanlow vs. the United States) that although the 16th Amendment was not properly ratified, it was read into the Congressional Record by the Secretary of State; therefore, it is a valid constitutional amendment. Not only is this contrary to the constitutional amendment procedure, but the then President was not a properly qualified President—he wasn’t a citizen of the United States; he was from Ohio, which did not become a State until 1953, and he did not even sign the amendment Additionally, since the law doesn’t apply equally to everyone, it is unconstitutional.

 

Despite the belief that this amendment (also enacted unconstitutionally) gave Congress the power to lay and collect taxes on income, Congress had’ in reality, already been taxing the incomes of federal employees for many years, beginning during the Lincoln administration. Because federal employment was defined a privilege, those employees’ salaries therefore were taxable.

 

The Federal Reserve Bank, working with the U.S. government, eventually eliminated all gold and silver basis for money by 1964. Once stripped of its backing, money could be printed at will.

 

Lastly, in a move designed to stem the power of the States, the 17th Amendment was enacted to provide the direct election of Senators by the People instead of the State legislatures. The original constitutional provision was designed to allow States to block the Acts of Congress by veto in the Senate. The Amendment effectively stopped the ability of the States to stop the growing power of the federal government

Then, on March 9, 1933, the State governors met and declared 1) the United States bankrupt, 2) in a state of national emergency, and 3) subject to the Emergency War Powers Act The latter declaration, according to the Constitution, can only be invoked for two years. So, in order to continue the War Powers Act, every president since Franklin Roosevelt has declared war on something, drugs, poverty, etc., which in effect has suspended constitutional law ever since.

 

The next day, President Franklin Roosevelt issued the Acts of March 10 in 1934 that instituted a system that promised to bring every State out of the Great Depression by allowing the federal government to give money to the States. Even though Congress is constitutionally empowered to coin and regulate money and could have taken this action at any time, Roosevelt had an ulterior motive—the States had to agree, by contract, to allow the federal government to operate within their boundaries. The Washington, D.C. government accomplished this by setting up work programs in every State under such names as TVA, WPA, ERA, etc., and through the Wildlife Refuge Act of 1934, took control of the management of the States’ forest areas. Unemployed people were hired, who became paid employees of the federal government, to build roads, dams, etc. Even though this appeared to be legal under the constitutional clause, “No law shall be passed impairing the obligation of contracts, “ it is quite illegal under Article I, Section 8, Paragraph 17, as no part of any contract can be taken out of context and used independently. Every clause must be applied in the context of the entire contract. Therefore, given that the precise jurisdiction of the federal government has been defined by the Constitution, changing it requires a constitutional amendment, not another contract.

 

“The Constitution of the Kingdom of God will be closely patterned after the Constitution of the United States of America, which was itself directed by the Brotherhoods. The Bill of Rights will also be included and so will the basic laws of the Lemurian Empire.”

 

The Ultimate Frontier

 

Common Law

The last remaining governmental tool in the hands of the People was the Common Law. So long as the Courts of Common Pleas and qualified judges existed, all People had a place for remedies that were quick, effective and low in cost In 1934 Congress authorized the U.S. Supreme Court to merge the rules of procedure for Common Law and Equity (contract law) into one form of pleading. State governments then followed suit; and even though Superior Courts still have a place in which one can file an At-Law action, there are no longer qualified judges who can hear At-Law actions. This is because judges (and lawyers) with a law degree and Bar Association membership acquire the right to be called Attorney at Law or Esquire, and as such acquire a privilege and a Title of Nobility from a foreign government (England). This, along with a driver’s license, Social Security card, etc., prevents them from ruling-without prejudice-on At-Law actions.

 

In 1938, the new Federal Rules of Civil Procedure took effect along with the Social Security Act; and within the next ten years, Courts of Common Pleas began to disappear, the Income Tax became widespread (billed as a Victory Tax during World War), and every American joined the Social Security System, hence becoming citizens of the District of Columbia.

 

The Social Security System

In 1935, after the federal government was operating in all the States, the Social security System was put into effect, ostensibly to provide a retirement income (an extremely valuable commodity at the time) for federal employees. At that time, the only people eligible to join were federal employees. This was subsequently extended to allow employees who left federal service to work in the private sector to continue with the program, thus forcing their new employer to make contributions to the plan. A predictable outcome of this system was the creation of an “army” of new federal employees who were being paid with income taxes collected from State Citizens that had the power to act within the boundaries of any State on orders from their bosses in Washington, D.C.

 

After numerous changes to the Social security System, it was reduced to a state of bankruptcy. When the plan was first put into effect, an account number in an actual trust was created for every registered individual. But in 1939, after approximately 70 million people were registered, the individual accounts were eliminated and replaced by three trust accounts. The system’s lack of funds is attributable to the fact that no payments have ever been made to or from the trust fund accounts. Monies have been paid from the government’s General Fund, a holding account for collected taxes, and leaving the Social Security System holding IOU’s worth 17 trillion dollars.

 

 “The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine the foundation of our confederate fabric. The federal judiciary, an irresponsible body, for impeachment is scarcely a scarecrow, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless steps like a thief over the field of jurisdiction until all shall be usurped from the States and the government of all be consolidated into one. When all government, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided by one government on another and will become as venal and oppressive as the government from which we separated.”

 

Thomas Jefferson

 

Merging of the Three Law Systems

Article III, Section 2: “The judicial power shall extend to all cases, in law and equity...” When this country was formed, there were three court jurisdictions: law, equity and admiralty/maritime. Law addresses crimes (actions defined by the States’ legislatures), equity addresses contracts (now know as civil law), and admiralty/maritime, which is essentially military law.

 

This latter jurisdiction implies that a ship’s captain cannot be held accountable for his actions while on the seas. In 1972, the Supreme Court of the United States ruled that only two court jurisdictions were needed. Admiralty/maritime and civil were combined into a new system. Even though admiralty/maritime law is predicated on contracts, the States do not and cannot have admiralty maritime jurisdiction. Only the U.S. government has been granted that power, and that jurisdiction is limited to passengers and crew aboard a boat. It was that part of admiralty/maritime law that was incorporated into the civil law base and is used to ensure that a judge cannot be held accountable for any of his actions in the courtroom.

 

“In the democratic nations of Western Civilization, the average citizen sells himself out at the polls. I believe Freud was on the right track when he stated that democracy fails because of the emotional flaws in man. The British and American traditions of democracy continue to be undermined by universal suffrage. Western Civilization is producing some of the most exalted men and women to be seen for many millennia, but decadent and irresponsible individuals are multiplying far more prolifically and, consequently, so is their voting power. The hard-won freedoms of the democracies are being thoughtlessly surrendered by ‘emotional peasants’ in exchange for ‘security’.”       

 

The Ultimate Frontier

 

Treating Civil Statutes as Criminal Offenses

Civil statutes exist, separate and distinct from criminal law, to determine negligence after damage or injury has been indicted For example, a driver exceeding the posted speed limit is committing no crime under civil or criminal law. But if that individual then causes property damage with his vehicle, in light of any State Constitution, a crime has occurred and reparations will be required. Only after that could the speeding be seen as an indication of negligence—a factor contributing to the damaging action. At least, that is how each State’s civil and criminal codes are currently written.

 

Furthermore, money collected from traffic fines (civil cases) goes into the General Fund. Any money that goes into the General Fund is called taxes, and traffic violation fines should be regarded as taxation without representation. Traffic police officers and municipal courts are essentially tax collectors.

 

By the year 1948, that which the Congress set out to do eighty years earlier was complete. Foreign bankers, by manipulating Congress, and with the driving force of the federally funded Council of State Governments behind it, essentially control the United States of America and are moving the country toward a merger with other nations they virtually own via indebtedness. The federal government now owns the birth certificates of Americans (through the Social Security System), legally making us agricultural chattel; and by using fraudulent titles to the National Parks, they also have pledged our land as collateral for the national debt to the Federal Reserve Banks (owned by 12 foreign families) and the International Monetary Fund.

 

“Despite these drawbacks, the Brotherhoods insist that a democratic form of government is best for mankind; but They admit it can survive only among a citizenry almost wholly composed of emotionally mature individuals. The Brotherhoods expect to prove their contention by assembling the truly capable and mature persons of the world into a single group. If men of maturity and wisdom fail to unify themselves in this way soon, it could well mean the end of political and philosophical freedom anywhere on Earth for all time to come.”

 

The Ultimate Frontier

 

People of this generation have been subjected to the propaganda that we are actually under safeguards and terms of the Constitution when in fact we are not. People are so used to federal incursions into their lives that they think this state of affairs is the freedom for which our founding fathers fought to give to posterity. The States have become subservient to the federal government instead of being its master. Self-determination and the inherent freedoms of individuals are much restricted as compared to the day when the U.S. Constitution was signed, but few people seem to notice. Even the American Bar Association prohibits teaching the Constitution in public and private schools, and only law schools may delve into its implications. Lawyers are taught only statutory law, not constitutional or Common Law.

 

 

 

Developing a Transitional Culture