The Constitution is NOT a Suicide Pact

Gary Hunt
Outpost of Freedom
March 30, 2011

 

Through the process of conditioning (programming), especially in government schools and the press, we have lost sight of what this country really is, and, what it stands for.

Though there have been many nations throughout the history of the world, there is only one that was established, independent of outside source, by the people of that nation.  It was a nation of independent people who had learned to cherish their freedom, primarily established by an absence of control from across the ocean.

They had found, though bound by English laws and English government, that absent a regular imposition of that authority, that they did quite well for themselves, taming a wilderness and establishing a productive society, within the limits imposed by that far away government. They were, for all intents and purposes, the first and only truly free civilized nation.

When that foreign government began to impose upon these people who had developed self-sufficiency, beyond any before them, they resented their treatment as "children" rather than being treated as adults, and true sons of England, with all of the rights enjoyed by Englishmen.

Just eleven years after their separation from the then greatest power on the Earth, they established a government in a form that would best suit them -- developed, in part, by the political philosophers that preceded them; in part, from what they had learned from the natives of the land they shared; and, in part from their experiences with the previous government, which bonds they had so recently broken.

This new government was embodied in a document which was then styled, "Constitution for the United States of America". It was, through conventions in the various states, truly a document approved by "We The People", as its suggests in its preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

In this modern day, we have lost sight of the intention of the Framers of that great document. We can however, look to the past to understand just who embodied those "People" who set on forth this greatest venture in self-government that the world has ever seen.

Our best understanding can be found in a Supreme Court decision, rendered in Dred Scott v. Sandford [60 U.S. 393] , in 1856. Chief Justice Taney, who gave the decision of the Court, went into great detail in defining just who those "People" were.

The case hinges on who had standing, as a "citizen of the United States" (prior to the Fourteenth Amendment) to sue in court.  The details of the case is not necessary to understand the following.

The case ended up in the Supreme Court.  In its decision (below), the Court pointed out that Scott had claimed to be a citizen of Missouri, which would give him standing to sue Sandford.  It found that though Scott was not a citizen of Missouri, or of the United States, that standing for the Court to hear the case was based upon the Courts acting on the fact that the question of citizenship was not in the plea that brought the matter before the Court.

Going directly to the Final Decision, given my Justice Taney, we have the Court's determination of just who was a "citizen of the United Sates:

"The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing.  They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives.  They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty.  The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty?  We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.  On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.  "

* * *

"The question then arises, whether the provisions of the Constitution, in relation to the personal rights and privileges to which the citizen of a State should be entitled, embraced the negro African race, at that time in this country, or who might afterwards be imported, who had then or should afterwards be made free in any State; and to put it in the power of a single State to make him a citizen of the United States, and endow him with the full rights of citizenship in every other State without their consent? Does the Constitution of the United States act upon him whenever he shall be made free under the laws of a State, and raised there to the rank of a citizen, and immediately clothe him with all the privileges of a citizen in every other State, and in its own courts? "

"The court think the affirmative of these propositions cannot be maintained.  And if it cannot, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the Constitution of the United States, and, consequently, was not entitled to sue in its courts."

"It is true, every person, and every class and description of persons, who were at the time of the adoption of the Constitution recognised as citizens in the several States, became also citizens of this new political body; but none other; it was formed by them, and for them and their posterity, but for no one else.  And the personal rights and privileges guaranteed to citizens of this new sovereignty were intended to embrace those only who were then members of the several State communities, or who should afterwards by birthright or otherwise become members, according to the provisions of the Constitution and the principles on which it was founded.  It was the union of those who were at that time members of distinct and separate political communities into one political family, whose power, for certain specified purposes, was to extend over the whole territory of the United States.  And it gave to each citizen rights and privileges outside of his State which he did not before possess, and placed him in every other State upon a perfect equality with its own citizens as to rights of person and rights of property; it made him a citizen of the United States.

* * *

"It becomes necessary, therefore, to determine who were citizens of the several States when the Constitution was adopted.  And in order to do this, we must recur to the Governments and institutions of the thirteen colonies, when they separated from Great Britain and formed new sovereignties, and took their places in the family of independent nations.  We must inquire who, at that time, were recognised as the people or citizens of a State, whose rights and liberties had been outraged by the English Government; and who declared their independence, and assumed the powers of Government to defend their rights by force of arms. "

"In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument. "

Now, clearly, it is those who initiated the fight for independence that are of the class recognized by the Constitution as "citizens of the United States".  Many have pointed out that one of the first to "die for the cause" was a negro named Crispus Attucks, who was shot to death in the "Boston Massacre", in 1770.  This, however, in the eyes of the Court, does not qualify him as one of the people -- for which the country was intended.

Though the decision of the Court continues to give examples of just how the Court perceived this relationship, I would prefer to not include too many more of the over one-hundred and ten thousand words in the Decision.  There are some words, however, that warrant our attention in fully understanding what was intended by the founding of this nation, and so I will provide these few paragraphs:

"The language of the Declaration of Independence is equally conclusive:
It begins by declaring that, 'when in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and nature's God entitle them, a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation.' "

"It then proceeds to say: 'We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among them is life, liberty, and the pursuit of happiness; that to secure these rights, Governments are instituted, deriving their just powers from the consent of the governed.'"

"The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood.  But it is too clear for dispute, that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration; for if the language, as understood in that day, would embrace them, the conduct of the distinguished men who framed the Declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted; and instead of the sympathy of mankind, to which they so confidently appealed, they would have deserved and received universal rebuke and reprobation. "

"Yet the men who framed this declaration were great men-high in literary acquirements-high in their sense of honor, and incapable of asserting principles inconsistent with those on which they were acting.  They perfectly understood the meaning of the language they used, and how it would be understood by others; and they knew that it would not in any part of the civilized world be supposed to embrace the negro race, which, by common consent, had been excluded from civilized Governments and the family of nations, and doomed to slavery.  They spoke and acted according to the then established doctrines and principles, and in the ordinary language of the day, and no one misunderstood them.  The unhappy black race were separated from the white by indelible marks, and laws long before established, and were never thought of or spoken of except as property, and when the claims of the owner or the profit of the trader were supposed to need protection. "

"This state of public opinion had undergone no change when the Constitution was adopted, as is equally evident from its provisions and language. "

"The brief preamble sets forth by whom it was formed, for what purposes, and for whose benefit and protection.  It declares that it is formed by the people of the United States; that is to say, by those who were members of the different political communities in the several States; and its great object is declared to be to secure the blessings of liberty to themselves and their posterity.  It speaks in general terms of the people of the United States, and of citizens of the several States, when it is providing for the exercise of the powers granted or the privileges secured to the citizen.  It does not define what description of persons are intended to be included under these terms, or who shall be regarded as a citizen and one of the people.  It uses them as terms so well understood, that no further description or definition was necessary. "

So, we have, from many angles, the Supreme Court's interpretation of who the Constitution was written both by, and, for.  It was never intended to be a catch all for the diverse populations, cultures, and religions of the world.

In 1867, the Fourteenth Amendment to the Constitution was ratified. Though many of the Congressmen believed that its purpose was to provide a place, in this country, for the negro population (recently freed slaves, as well as those negros previously freed), it has since been interpreted, by the government, not the Court, to be inclusive of all walks of life.

The Amendment first made "[a]ll persons born or naturalized. . . . citizens of the United States". It then prohibited any state from passing laws which would "abridge the privileges and immunities of citizens of the United States".

Since the Fourteenth Amendment extended the privileges and immunities to those who were henceforth known as "citizens of the United States", it made no mention, nor is there any wording that would confer upon them, the status of those "sovereign people" who had established this government, and nation. It simply granted to them the "privileges and immunities".

This left the original intent in place, though extended only certain rights to those who had, prior to the Amendment, no access to those "privileges and immunities".

The country was still, as intended, only for those who were as described by Justice Taney, "it was formed by them, and for them and their posterity, but for no one else," though it was then willing to share some of the bounty of this great land with others. In essence, it took  phrase, "citizen of the United States", and made it a legal term. It did not remove the meaning of "citizen of the United States", as it existed prior to the amendment, it simply created a second meaning, which, in legal context, conveyed only certain specified rights, and nothing more.

Regardless of the Amendment, we can clearly understand that if the door were opened to include any who wished to walk in and enjoy that bounty, it would absolutely destroy the context in which the country was formed. It was, after all, the heritage and culture, and the moral foundation espoused by Christianity, that was the very foundation for the great experiment. To allow that a single amendment, with an alleged purpose of only extending certain rights, could not be subsequently interpreted to be the means by which all that was embodied in the document to retracted  whiteout specific wording nullifying that original intent.

A nation has to have some binding force. In most nations, that force is the common language, heritage, and, culture, of the dominant people of the nation.  In the United States, that language is English; the heritage is English and the culture is European.  It is under such conditions that the United States evolved into an effective world force between its inception (the Declaration of Independence in 1776) and its ability to defend itself against outside forces (the War of 1812).

Its growth in prestige, power, influence, productivity, and pride, continued to grow, providing what became the deciding factor in World Wars I and II.  It had, without a doubt, become the dominant world power, especially considering that it did not suffer the devastation that most other countries realized in those conflicts.

Since that time, we have begun a downward spiral, destructive of both the nation (integrity of) and the Constitution, with but few exceptions.

In 1954, the Congress enacted the Communist Control Act of 1954. This act recognized that the Communist Party posed an eminent threat to the United States and its Constitution.  The codification of that act, at 50 U.S.C. § 842 , provides that:

"The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated. . ."

Clearly, there is legitimate concern that the Communist Party might use force to overthrow the government. Unfortunately, at the time, there was no due consideration of an overthrow by other means, such as subversion of the Constitution by political chicanery.  After all, subversive means had not then been developed to the fine art that has been achieved in the past half-century.

The authority within the Constitution, however, to enact laws that would protect the Constitution were, clearly, within the means and authority of the government.  Would it make any sense to be able to outlaw force as a means of supervision of the Constitution and not to allow means to avoid such an overthrow, without force?

What has effectively happened is that the manipulation, without Amendment to the Constitution, and with the abrogation of the Supreme Court's responsibility to rule upon the constitutionality of laws (see About Ashwander v. TVA), we have seen a dilution of the Constitution which has resulted in a de facto revision to the Preamble, as follows:

We the People of the United States, in Order to form a more perfect workers Union, establish Justice Injustice, insure domestic Tranquility disharmony, provide for the common defence of any nation we see fit, promote provide the general Welfare, and secure the Blessings of Liberty to all but ourselves and our Posterity, do ordain and establish this Constitution for the United States of America, which shall continue in effect until such time as the people decide that they will burden their posterity with unmanageable debt and allow revision to this Constitution, without regard to the provision in Article V for amendment hereto.

Unless we stand firm and demand that the Nation be retained, as intended by the Framers of the Constitution, we will find that our children will be living in a third world country by the time they have grandchildren.  There is no middle ground.

We must understand that any organization, association, political philosophy, or, religion, which is not consistent with the Constitution, and, our way of life, should of necessity, be made unlawful, since its purpose would be to allow the Constitution to be the weapon of its own demise

The Communist Party and the Socialist Party espouse a politics of government control of, and, redistribution of, wealth.  Islam, though a religion, retains social, political and legal requirements that are inconsistent with our Constitution. Labor unions, though they may have served a useful purpose, in times past, before the government instituted laws that were protective of labor, are now too powerful and political to be consistent with the intention of the Constitution. They have become manipulators of the law, to their own favor, and with total disregard to the economy and our world trade situation.  These serve no useful purpose to the continuation of our way of life, and must be outlawed.

If we don't act, firmly and soon, we will find that the new Preamble to the Constitution will be taught, at our expense, to our own children:

We the People of the United States, in Order to form a workers Union, establish Injustice, insure domestic disharmony, provide the defence of any nation we see fit, provide the general Welfare, and secure the Blessings of Liberty to all but ourselves and our Posterity, do ordain and establish this Constitution for the United States of America, which shall continue in effect until such time as the people decide that they will burden their posterity with unmanageable debt and allow revision to this Constitution, without regard to the provision in Article V for amendment hereto.

Though the Constitution may be equated to a "birth certificate" for the new nation conceived and embodied within it, unlike a birth certificate that certifies that you and I have entered life, only to leave it at some point in the future, that "birth certificate" was written to include posterity -- it was the birth of a perpetual union - intended to live as long as free men do.

 

This article can be found on line at The Constitution is NOT a Suicide Pact

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Replies to This Discussion

Very instresting
Iteresting read but flawed a bit by modern understanding of 'free' and tainted too much by the concept that freedom of religion meant seperation of church and state. John Adams said it succinctly that (America) was free only if we could keep it and that was a wholely inadequite government for a non christian nation since only the moral fiber of its people would suffice to compell people to behave in such a way as to perpetuate the union.

The christians of our nation at the time of the framing were deeply motivated to end slavery as an institution since obviously, men are not beasts but the men with power compelled language written into our founding to reflect their personal as well as comercial interests.

As the article states Cripus Attis was a free man and was unfortunate enough to have been the first to lay down his life for the country and this article does nothing to ameliorate it. I think this is unfortunate as I find almost at much fault with the equal protection clause as this writer uses without the racist undertones, which of course reflect badly, not only for the author but for the cause which we hold dear. Something he gets right as we all are aware is the fact that we are definately in trouble and possibly the wound to the nation is fatal.

Bullet,

The site does not allow indented paragraphs, so I put all quoted material in italics. The words are from Chief Justice Taney, we he defined who "We the People" are.

A nation should have a common heritage and culture, if it is to survive. You presume that the modern conept of equallity has supplanted the concept envisioned by the Founders, without an Amendment stating that the concept has been changed and adopted.

If you believe that the Constitution is a "fluid" document, then on that we will disagree.

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