By Steven D. Miller
Do not be fooled by suggestions that the Constitution is a living document, to be reinterpreted by the whims of usurpers. Even if ALL congressmen and senators try to use their parliamentary procedure to unanimously change something they swore to uphold, it is still a crime to commit mutiny. It is your duty to control them. It is your duty to correct them. The U.S. Constitution does not change.
Even the U.S. government acknowledges that ” the American Constitution was a written and permanent document that would serve as a stable guide for the new nation.” Here is the link: https://constitution.congress.gov/browse/essay/pre-1-2/ALDE_00001234/[%27%27]
The Constitution is written, not unwritten. There is no government outside of the written Constitution.
“All power exercised over a nation, must have some beginning. It must either be delegated or assumed. There are no other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.”
— Thomas Paine, The Rights of Man, Chapter 4 – Of Constitutions, 1791
Those who swore oaths-of-office were appointed (by an election) to be guardians of the Constitution that created their office. They ARE NOT owners of the Supreme Law that they swore to uphold. IT IS NOT THEIRS to change. (with exceptions such as the 18th Amendment — to be explained below).
U.S. Government authority is ONLY delegated by the Constitution. (the tenth Amendment says so, as does the U.S. Supreme Court, quoted below) It cannot change. Nobody who swears an oath to uphold something can commit mutiny by suggesting that it be changed. Article 5 only allows amendments TO, not OF, the constitution.
- We the people are the jura summi imperii to which our civil servants owe allegiance. Those who created a government are responsible for controlling what they create. If you are not in control, then there is a reason. Let’s take a closer look.
- US Supreme Court in Yick Wo v. Hopkins, 118 US 356, page 370: “While sovereign powers are delegated to … the government, sovereignty itself remains with the people..”
- US Supreme Court in Julliard v. Greenman: 110 US 421: “there is no such thing as a power of inherent sovereignty in the government of the United States. It is a government of delegated powers, supreme within its prescribed sphere, but powerless outside of it. In this country, sovereignty resides in the people, and congress can exercise no power which they have not, by their constitution, intrusted to it; all else is withheld.”
In a 2014 speech entitled “Interpreting the Constitution: A View From the High
Court,” Justice Scalia said this: “The Constitution is not a living organism. It’s a legal
document, and it says what it says and doesn’t say what it doesn’t say.”
- Justice Scalia: ‘Constitution Is Not a Living Organism’, FOX NEWS POLITICS (March 15, 2014),
http://www.foxnews.com/politics/2014/03/15/justice-scalia-constitution-is-not-livingorganism.html; see also Antonin Scalia, Constitutional Interpretation, at 18:38, C-SPAN (Mar. 14, 2005), https://www.c-span.org/video/?185883-1/constitutional-interpretation &start=1073.
Thomas Jefferson letter to William Johnson, 12 June 1823, (The Writings of Thomas Jefferson, Volume 7, Cambridge Library Collection, page 296):
“On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.”
America was founded by those who ordained and established the Constitution FOR — not of — the United States of America. Ordain is a religious term. They were endowed by their Creator with unalienable rights. Governments are instituted among men to secure those God-given rights. The U.S. was not founded by atheists or agnostics.
They wrote a Constitution that cannot be changed, only amended. Just in case you think a law or an amendment changed the intent of the Constitution, think again.
- The authority of the government is delegated by the Constitution according to the Tenth Amendment. It is not delegated by fellow (legislative) officers who swore the same oath-of-office. “We The People” only delegated the 18 things they are allowed to do in Article 1 section 8. It cannot be changed by fellow (civil) servants.
- A congressman cannot swear an oath to support and defend the Constitution and then commit mutiny by suggesting an amendment to change something that he is sworn to perpetuate.
- Article V allows amendments TO the constitution, there can never be an amendment OF the constitution.
- It’s meaning does not change, as confirmed by the many Supreme Court cases cited below.
- Government is an artificial entity. It was created on paper. It can only be manned by those who swear oaths-of-office to support and defend it. Any officer of government who suggests a change would be denying the legitimacy of his office.
Liberals will say that the Constitution is a living document, and that it is reinterpreted whenever we vote for a new law.
Liberals will try to tell you that since we repealed the 18th Amendment, we can repeal any amendment, and therefore we can even change the Constitution itself. They ignore that the 18th Amendment is NOT self-enforced as the Supreme Law of the Land. As it is with all the other martial law amendments (13, 14, 15, 18, 19, 23, 24, 26), the 18th Amendment section 2 orders Congress to enforce it even if it is contrary to State Constitutions.
The Constitution does not change.
The Constitution is NOT a living document that changes with the whims of politicians. Politicians must swear oaths to uphold and perpetuate the supreme law that controls them.
The 1905 U.S. Supreme Court, South Carolina v. U.S., 199 US 437:
“The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now…”
In the 1966 famous case of Miranda v. Arizona the Supreme Court said of our rights:
“And in the words of Chief Justice Marshall, they were secured “for ages to come, and . . . designed to approach immortality as nearly as human institutions can approach it,” (quoting Cohens v. Virginia, 6 Wheat. 264, 387 in 1821).
The 1901 Supreme Court in Downes v. Bidwill, 182 U.S. 244, ruled:
“It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution.”
The Federalist Papers are not just some antiquated editorial opinion, they are, according to the Supreme Court in Cohens v. Virginia, the exact record of the intent of the Constitution.
Cohens v. Virginia 19 U.S. (6 Wheat.) 264 at page 418:
“The opinion of the Federalist has always been considered as of great authority. It is a complete commentary on our constitution; and is appealed to by all parties in the questions to which that instrument has given birth. Its intrinsic merit entitles it to this high rank; and the part two of its authors performed in framing the constitution, put it very much in their power to explain the views with which it was framed. These essays having been published while the constitution was before the nation for adoption or rejection, and having been written in answer to objections founded entirely on the extent of its powers, and on its diminution of State sovereignty, are entitled to the more consideration where they frankly avow that the power objected to is given, and defend it.”
The U.S. Supreme Court, Byars v. U.S., 273 US 28 (1927) repeating their earlier decision in Boyd.
“…and it is the duty of the courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.”
The U.S. Supreme Court Reporter, Headliner note to Cohens v. Virginia, 19 U.S. 264
“The Supreme Court will construe provisions of Constitution which appear to be repugnant, so as to preserve the true intent and meaning of the Constitution… “
The U.S. Supreme Court, Boyd v. United States, 116 US 616, Page 635
“illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachment thereon. “
The U.S. Supreme Court, Norton vs. Shelby County 118 US 425 page 442
An Unconstitutional Act is not law; it confers no rights: it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”
The U.S. Supreme Court, Miranda vs. Arizona, 384 US 436 page 491
Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”
The U.S. Supreme Court, Marbury vs. Madison. 5 US 137: All laws which are repugnant to the Constitution are null and void
President John Adams: “Our Constitution was made only for a religious and moral people. It is wholly inadequate for the government of any other.”
U.S. Supreme Court in Olmstead v. United States, 277 U.S. 438, 469-471:
In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
STATUTES MUST CONCUR WITH THE CONSTITUTION
Before there were United States Codes, the Acts of Congress could be compared to the national constitution to see if the statute was valid.
Federal Statutes Annotated, Vol IX, page 77; U.S. v. Burlington, etc., Ferry Co. (1884) 21 Fed. Rep.334.
Constitution and statutes must concur. …
In order to give jurisdiction to a federal court in any case whatever, the Constitution and the statute law must concur. It is not sufficient that the jurisdiction may be found in the Constitution or the law. The two must co-operate; the Constitution as the fountain, and the law of Congress as the streams from which and through which the waters of jurisdiction flow to the court”.
See also In re Barry (1844) 42 Fed. Rep. 122; and In re Metzger, (1847), 5 NY Leg Obs 83, 17 Fed. Cas. No. 9,511.
TREATIES ARE ALSO THE SUPREME LAW OF THE LAND
The phrase “supreme Law of the Land” is used in the U.S. Constitution, Article 6, paragraph 2 to refer equally to treaties as well as to the U.S. Constitution itself.
Disclaimer: I am not suggesting that we need a government. I am not suggesting that the Constitution is legitimate, nor that it can be imposed on the State governments that refused to ratify it. I am not suggesting that the debt of the constitutors became our debt. And I’m not suggesting that high ranking Freemason Cornwallis surrendered to lower ranking Freemason Washington at Yorktown.
John Adams and Ben Franklin and Thomas Jefferson, by signing the peace treaty with England, authorized the U.S. to exist. The John Adams that authorized the United States to exist, also signed a treaty with Tripoli in June 1797 that confessed that “… the government of the United States is not in any sense founded on the Christian Religion…”. This quote is from the English language version signed by President Adams, in U.S. archives, even though the original foreign version of this treaty is missing this controversial clause. President Adams and two thirds of the Senators in 1797 knew the truth about the overthrow of Washington DC. Welcome to your Novus Ordo Seclorum secular new world order.
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Let virtue, honor, the love of liberty and of science be, and remain, the soul of this constitution, and it will become the source of great and extensive happiness to this and future generations. Vice, ignorance, and want of vigilance, will be the only enemies able to destroy it. Against these provide, and, of these, be forever jealous. Every member of the state, ought diligently to read and study the constitution of his country, and teach the rising generation to be free. By knowing their rights, they will sooner perceive when they are violated, and be the better prepared to defend and assert them.” — John Jay First Chief Justice of the Supreme Court comments on the 1777 NY State Constitution.
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