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Dead Constitution
See other Dead Constitution Articles

Title: NUTSHELL
Source: Various
URL Source: [None]
Published: Oct 5, 2006
Author: rich9151
Post Date: 2006-10-05 14:52:14 by richard9151
Keywords: Constitution, Amendment, Solution
Views: 212
Comments: 7

NUTSHELL

Now that we have got the supporting documentation out of the way, please permit me the opportunity to place a nutshell explanation in the record.

There is a problem in America. Everybody knows this, but no one can agree as to what, exactly, is the problem. Everybody wants to discuss the sleight of hand of some Supreme Court Justices in 1933, or the bankruptcy of the United States government in 1929, or the Trading With the Enemy Act in 1917, or the Federal Reserve Act in 1913, or, the more radical of the Patriot groups will only discuss the Civil War and the actions of the United States government going forward from that time. If you will notice something about each of these arguments, they go backward in time, getting older and older as the discussions drag on and on and on. But no one can agree as to what, exactly, is THE problem.

Are the things enumerated above, problems? Of course they are, but it is silly to fragment ourselves arguing about which is the first problem, which is the most important problem, and what is necessary to fix each and every problem…. Unless we FIRST identify what permitted each and every one of these problems to occur. It is also silly to run around in circles screaming about they are ignoring the Constitution when federal judges keep telling us that this or that is not a Constitutional issue, and they are correct, it is not. It is generally a contractual problem/issue.

So, here is THE problem, in a NUTSHELL:

Article 1, Section 8, Clause 17 of the Constitution is called the Exclusive Jurisdiction clause in the Constitution.

United States v. Cornell 25 Fed. Cas. 646, no. 14,867 C.C.D.R.I. 1819 … It is under the like terms in the same clause of the constitution that exclusive jurisdiction is now exercised by congress in the District of Columbia …

In Downes v. Bidwell, 1901, the Supreme Court ruled that "exclusive" meant exactly that; EXCLUSIVE jurisdiction, with no control from the Constitution. (In Downes v. Bidwell, the Court ruled that "exclusive" meant "without consideration of the Constitutional restraints...")

"without consideration of the Constitutional restraints...") means exactly what it says; under the exclusive jurisdiction of the Congress, the limitations on governmental power enumerated within the Constitution, DO NOT APPLY. This means that there are no Constitutional limitations of power exercised within the United States Federal Zone.

The Constitution was NEVER meant to apply to the exclusive jurisdiction of the Congress. How do we know this? Because in politics there are no accidents. If this had been an accident, it would have been corrected long ago, and it has not been. I would assume that this means that unless the people correct it, it will never be corrected.

Now, we have a Supreme Court Justice who addressed these issues in 1901.

Justice Harlan said; The idea prevails with some -- indeed, it found expression in arguments at the bar -- that we have in this country substantially or practically two national governments; one, to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise.

Justice Harlan was right on the mark. He knew what he was talking about, but only a very few attorneys and the like would have been interested, because there simply were no people under the EXCLUSIVE JURISDICTION of Congress in 1901. Basically, the only United States citizens who existed were the former slaves of the South, and they had no knowledge or understanding of what was being done to them. So most of what Justice Harlan had to say just went into the history books and it was pretty much the end of the story (until now).

But, Justice Harlan then went on to add; I take leave to say that if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system of government will be the result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism. ...

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.

Now if this strikes a bell with you; We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism. ...

Then perhaps you should take a close look at what is causing the problems we are experiencing today; Article 1, Section 8, Clause 17; EXCLUSIVE JURISDICTION.

And if you study the Fourteenth Amendment, it was intended to put United States citizens under the EXCLUSIVE JURISDICTION of Congress.

What does my proposed Amendment do? Simple. It applies the Constitution to the Federal Zone.

Now, the question was asked, do I have a plan? Why, yes, thank you for asking, I do indeed have a plan.

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#2. To: Neil McIver, BTP Holdings, wbales, Tausero, christine, jessejane, RickyJ, mehtable, Zoroaster, robin, Eoghan, tom007, lodwick, angel, AngelSpawn, max, phant2000, range, critter, rowdee, destro, mehitable, all (#0)

repeal the 17th Amendment and put things right in the process.

(The above comment came from a different post/thread/comment)

Ahhh, you Constitutionalists, I thought that you would see what happens when, for the first time in the history of the United States, the Constitution was applied to Washington, DC, but I guess it has to be spelled out, step-by-step:

Fourteenth Amendment, Black’s Law Dictionary, 6th Edition: The Fourteenth Amendment of the Constitution of the United States, ratified in 1868, creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the states;…

"The amendment (fourteenth) reversed and annulled the original policy of the constitution," United States v. Rhodes, 27 Federal Cases, 785, 794

And I have read the Supreme Court of Utah decision that declared the Fourteenth Amendment to be UnConstitutional; very lucid, very on-point, except.... IT ONLY APPLIES TO WASHINGTON, DC. So, what happens if you apply the Constitution to Washington, DC? Why, the Fourteenth Amendment disappears!

"The rights of citizens of the state, as such, are not under consideration in the fourteenth amendment. They stand as they did before the adoption of the fourteenth amendment, and are fully guaranteed by other provisions." United States v. Anthony 24 Federal Cases 829, 830.

“The rights of a citizen under one (state or United States citizenship) may be quite different from those which he has under the other...” Colgate v. Harvey, 296 US 404, 429.

What is the Constitution?

Lysander Spooner, in his 1869 treatise titled No Treason, said it very well: “The Constitution has no inherent authority or obligation. It has no authority or obligation at all, unless as a contract between man and man.”

And by the way, what about the Thirteenth Amendment?

"The thirteenth amendment is a great extension of the powers of the national government." United States v. Morris, 125 Federal Reporter, page 322, 325.

So what happens to the Thirteenth Amendment once the Constitution is applied to Washington, DC? Why, it disappears, of course.

How about the 17th Amendment? It is unConstitutional on its face, and it also disappears. JUST LIKE THAT!!

Oh, and did someone ask if I had a plan? Why, yes, I do, and thank you for asking!

Here is a small part; This is what is called a hot button item: the constitution DOES NOT apply to Washington, DC (with a little supporting info). That means that EVERYONE who hates Washington, DC; dem, repug, independent, does not matter; they all hate Washington, DC., all of them. And once they are told that the Constitution HAS NEVER applied to Washington, DC, well, you figure it out.

I am really surprised at all of you so-called patriots. In the other locations where I am talking about this, two caught on right away. For instance, one message to me was; JESUS CHRIST! You are talking about cancelling all of the amendments from the Thirteenth on!

To which I simply replied, why, yes, thank you for noticing. If the Amendments are against the Constitutional restraints detailed within the Constitution, once the Constitution is applied to Washington, DC, then they are of no force and effect and become simply a footnote in history.

Oh, and by the way, this also destroys the UnConstitutional police powers, such as the FBI and etc. And the Federal Reserve.

Now, is this going to be accepted without question? Of course not; there would be a howl of gigantic volume come out of every attorney and criminal in Washington, DC, and they would react. I suspect you would get your wish about a round-up..... BUT, it would not be done when they want to do it, and, we would have an opportunity to galvanize the people, so that some small measure of understanding could begin to chip away at the power structure.

richard9151  posted on  2006-10-06   15:27:50 ET  Reply   Untrace   Trace   Private Reply  


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