|
|
||
|
|
The U.S. Constitution—A Model for the World (but we must be vigilant to preserve it) By Richard Kieninger IntroductionA 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. |
|
|
|
|
|
