What do we mean by "unconstitutional?"
Before we can properly define "unconstitutional" we need to
define what a constitution is
CONSTITUTION. In public law. The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers.
In American law. The written instrument agreed upon by the people of the Union or of a particular state, as the absolute rule of action and decision for all departments and officers of the government in respect to all the points covered by it, which must control until it shall be changed by the authority which established it, and in opposition to which any set or ordinance of any such department or officer is null and void. -- Black's Law Dictionary - 1st Edition - 1891
Please note that "In American Law" our Constitution is defined as "the absolute rule of action and decision."
This means that what We, the People, wrote in our Constitution must be followed by all departments and officers of the government exactly as we wrote it. There is no room for interpretation of what the Constitution means, or what it allows. If it says that something must be done -- then it must be done exactly how, and when, and by whom, the Constitution declares. If it does not say something can be done, then no power or authority to perform such actions is granted to the government by We, the People.
Please note also, that the provisions of the Constitution must control all actions taken by the several departments and officers until such time as "it shall be changed by the authority which established it," which is We, the People. The provisions of the Constitution cannot be changed, modified, altered, or amended by any branch, or department of the government, or any of our public servants, only by We, the People, and, even then, only in the manner that We set forth in our Constitution.
Bouvier's Law Dictionary - 6th Edition - 1853 defines the Constitution of the United States of America as follows:
The fundamental law of the United States.
It was framed by a convention of the representatives of the people, who met at Philadelphia, and finally adopted it on the 17th day of September, 1787. It became the law of the land on the first Wednesday in March, 1789.
We are now ready to define "Unconstitutional"
According to Bouvier's Law Dictionary - 6th Edition - 1853
That which is contrary to the constitution. When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void. The courts have the power, and it is their duty, when an act is unconstitutional, to declare it to be so; but this will not be done except in a clear case and, as an additional guard against error, the supreme court of the United States refuses to take up a case involving constitutional questions, when the court is not full.
Black's Law Dictionary - 1st Edition - 1891
That which is contrary to the constitution. The opposite of "constitutional".
Consistent with the constitution; authorized by the constitution; not conflicting with any provision of the constitution or fundamental law of the state. Dependent upon a constitution, or secured or regulated by a constitution.
A constitutional law is one which is consonant to, and agrees with, the constitution; one which is not in violation of any provision of the constitution of the particular state.
The quickest way to determine if the government's actions are unconstitional, i.e.,
if the government is doing things it has no power to do,
is to simply ask yourself the following questions:
1. Do I have the inherent right to do what the government is trying to do?
If the answer is no, then ask yourself
2. Does my neighbor have the inherent right to do what the government is trying to do?
If this answer is no, then ask
3. Is there anyone, anywhere, who has the inherent right to do what the government is trying to do?
If the answer to this question is no - then the actions of the government are beyond
what powers the people can even grant in the Constitution.
The government has no inherent powers
only the powers that can be lawfully granted by the people -
If the people don't have the power to give, then the government can't have it
It's as simple as that
Let's see how the questions work:
One of the major abuses of power today is the so called "Child Protection Act"
1. Do I have the inherent right to take my neighbor's children away?
NO! ! !
2. Does my neighbor have the inherent right to take away my children?
NO! ! !
3. Is there anyone, anywhere on the face of the earth who has the inherent right to take away someone else's children?
NO! ! !
Then the government does not have the right to remove anyone's children from their home,
the actions of the government are beyond what power and authority
the people are able to give the government
That means that every child who has ever been removed by any agency of any government has been unlawfully kidnapped.
The government is not only guilty of kidnapping, the officers of the government have committed fraud by persecuting you under laws which are unconstitutional and cannot, and do not, exist.
You have been persecuted, and prosecuted under what is called the "color of law."
"Color of Law" means that a Code, a Regulation, or a Rule has been written so that it looks like a law - but - the person who wrote the Code, Regulation, or Rule doesn't have any authority or power to write it. There isn't any lawful power or authority behind the Codes, Regulations, and Rules and so they are, in truth null and void, "ipso facto," which means are void from the moment they are enacted.
And, to compound the problem, you have been victimized by extortion.
When you are told that you must obey their bogus Codes, Regulations, and Rules or they will punish you with a fine, or they will take away your children, or they will lock you up, or persecute you in some other way, they have used extortion to keep you in line. And they have backed up their extortion with the threat of guns, and force.
We are not subject to their bogus Codes, Rules, or Regulations.
Our Constitution very clearly outlines exactly who has the authority to create a real law, and what steps must be taken to create a real law, and - more important than all that, We, the People, restricted the areas where these people could even create laws.
The Federal Government can only enact laws that govern how the Federal government will deal with Foreign Nations, Indian Tribes, and the several States. The Federal Government can only deal with other governments.
There is nothing in the Constitution for the United States of American that grants the Federal government any power of any kind over We, the People.
If we carefully examine our Constitution we find that the words - prison, police, sheriff, marshall, law enforcement, or any variation thereof do not appear anywhere in the Constitution for the United States of America.
All of the power and authority that could possibly be used to persecute, or to prosecute, We, the People, was specifically withheld from the Federal government.
It is inconceivable to even think that our Founding Fathers, after risking their lives to sign the Declaration of Independence, and in waging a war for Independence with England, would then turn around and give the government they are creating the power to persecute us.
They created a government whose sole purpose for existence, according to the Declaration of Independence, was to secure our unalienable rights, our right to Life, to Liberty, and to the pursuit of Happiness.
The corrupt men and women to whom We, the People, entrusted our Freedom, and our Liberty, understood full well that the way to control us was through the control of our finances.
If we look at our Federal government today We see that it regulates our banking industry through its Federal Reserve, the FDIC, and the Office of the Comptroller of the Currency. Through these same organizations, the Federal government forces its will upon the States and are thereby in a position to determine who will, and who won't be issued a Charter to do business as a financial institution. By unlawfully controlling the issuance of charters, the government officials assure themselves that they keep and maintain total and complete control of all money matters.
They regulate the stock market through the Securities and Exchange Commission. By licensing the Brokerage Firms, the Stock Brokers and the Salesmen they are forced to function in accordance with the wishes of the government.
By controlling our banks and our stock market, the Federal government controls all aspects of our money. They control where we keep it, and where we invest it. They control where our businesses must go to raise the capital that is necessary for them to operate effectively, and by doing so, are in a position to decide who will be successful, and who will fail.
The Government does not have the right to regulate any business.
Let's look a little deeper
The letters B-A-N-K only appear once in the Constitution
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States
- Article I, Section 8 - Constitution for the United States of America
There is no Mandate from the People for the government to be involved in our banking system - and - in fact, because banking is not mentioned, it is specifically Prohibited
There is nothing mentioned anywhere in our Constitution that could even be loosely construed to grant any regulatory powers to the government
I know they claim they have the right under the provisions of interstate commerce - The word "Interstate" doesn't appear anywhere in our Constitution.
To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes;
- Article I, Section 8, Constitution for the United States of America
In order to properly understand this provision of the Constitution we need to realize that Foreign Nations, the States, and the Indian Tribes are all fictitious entities, they are all governments that have been created by their citizens.
We, the People, did not, nor could we, grant our government the power to regulate the commerce of France, or England, or any other government. The only power we had, was to grant our government the right to handle any commerce that may occur between our Federal government and the other governments, i.e., Foreign Nations, Indian Tribes, and the several States.
The States, and the Indian Tribes are both mentioned in the same breath as the Foreign Nations.
Obviously, because everything is said in the same sentence, the exact same ability to regulate commerce was granted over all three. We, the People, did not give our government any rights to regulate the commerce of the people - even if it occurred between citizens of different States, Citizens of one of the several States and Citizens of Indian Tribes, or of one of the Foreign Nations
The very greivances set forth in the Declaration of Independence
are the exact same grievances that we are presently saddled with
Our Forefathers did not do this to us
We did it to ourselves
by not properly controlling the people we hired to work for us
in our government offices
Another simple way to determine if the government is doing things it has no power to do, is to read what the Constitution has to say:
The Constitution is the Law that was written by the People to control the actions of their Public Servants.
If the Constitution says something has to be done - then it must be done exactly how the Constitution says to do it. (This is referred to as Mandatory Provisions)
If the Constitution does not say something has to be done - then it cannot be done. (This is referred to as Prohibitory Provisions)
Even though a written Constitution may not say that its provisions are Mandatory and Prohibitory, it is understood that the very reason a Constitution, or any other document, is written, is to be sure that the lawful provisions are spelled out clearly and firmly so everyone will know and understand the Mandatory and Prohibitory clauses the People are establishing.
Our Public Servants, whoever they may be, have no more power or ability to interpret what the Constitutional Laws say, than we have to interpret the valid laws that we must live by.
We can't go into a court and claim that our interpretation of the law against theft needs to be understood in light of our private interpretation, and so we can't be prosecuted because we interpret the law differently than what it actually says.
Our public servants cannot come to us, and tell us, their employers, that they have decided our laws mean something other than what we said in writing
Through deceit, and subtrefuge, our employees have slowly, and carefully, taken over every facet of our lives
They control our money
They control our ability to raise money for our business ventures
They control our ability to invest our money. They deny us the freedom to invest in the manner we deem will give us the most benefit from our investments
They control our ability to work by requiring that we be licensed as Carpenters, Plumbers, Electricians, Day Car Workers, Bankers, Car Dealers, and the list goes on forever. These are the common businesses and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial. These are the trades and pursuits which the U. S. Supreme Courts says must be free to all alike, upon the same conditions, without let or hinderance from any governmental agency.
"Let" is defined as the granting of a charter, a license, a franchise, a permit, or some other right to conduct our desired business. We still use the word "let" today. When we rent an apartment, we often refer to the fact that we have "let" the apartment - this means that the owner of the apartment has granted the right to use the apartment.
Our governments, both the Federal and the State, are not the owners of the businesses. They have no power to "let" the right to pursue our Happiness.
Our public servants are violating our unalienable rights when they insist that we must obtain a license, a charter, a franchise, a permit, or some other grant of right, in order to work at our chosen profession. God gave us the right to pursue our Happiness - not the State government, and not the Federal government.
Neither the State or Federal governments have the ability to grant any rights, of any kind, to us. We created them. We gave them their powers. They have no power, authority, or ability to grant anything to us. The sole purpose for their existence is to secure the rights that were given to us by our Creator.
We granted the government no such powers
The United States Supreme Court does not recognize any such rights.
We hold these truths to be self-evident that is, so plain that their truth is recognized upon their mere statement that all men are endowed not by edicts of emperors, or decrees of parliament, or acts of congress, but by their Creator with certain unalienable rights. that is, rights which cannot be bartered away, or given away, or taken away, except in punishment of crime and that among these are life, liberty, and the pursuit of happiness; and to secure these not grant them, but secure them governments are instituted among men, deriving their just powers from the consent of the governed. Among these unalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment. The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let (To let is to grant a charter or contract to a person or group who has made a proposal) or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. -- U. S. Supreme Court 111 U. S. 746
The black are the original words of the Declaration of Independence. The blue is what the U. S. Supreme Court had to say in its decision. The red is what Constitutional Concepts added to define the meaning of the word "Let."
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