The Paper And Ink Of No Authority

The U.S. Constitution itself is a product of a vast conspiracy:

“The U.S. Constitution was prepared in secret, behind locked doors that were guarded by sentries.”

http://constitutioncenter.org/learn/educational-resources/historical-documents/constitution-fast-facts

“From these two acts, it appears, 1st, that the object of the convention was to establish, in these States, a firm national government; 2d, that this government was to be such as would be adequate to the exigencies of government and the preservation of the union

Do these principles, in fine, require that the powers of the general government should be limited, and that, beyond this limit, the States should be left in possession of their sovereignty and independence? We have seen that in the new government, as in the old, the general powers are limited; and that the States, in all unenumerated cases, are left in the enjoyment of their sovereign and independent jurisdiction.”~Madison – The Federalist No. 40

. . . . . . . . . . .
The error of this treatise in realpolitik is that a “national government” is a central government depositing imbalance by the force of weight as the pinnacle of a system of hierarchical structure. The ‘authority of last resort’ is inevitably the head of a general government over it’s parts.

The proof of my assertion that the reasoning put by Madison is ultimately unsound is in the history of the ensuing period when this national government was formed. In the panoramic, large arc of history is the steady trajectory to tyranny and despotism.
And this can be predicted by a deeper grasp of realpolitik, and the dictum; “Power corrupts and absolute power corrupts absolutely.” And the rational consequence of this prescient point is that, it is the ‘interpretation’ of the written law that holds as policy, not the intent of the author of the written law. So it is those with the power of interpretation who are the masters of the moment, not the written law.

This is why as a matter of practical politics, ie; Realpolitik, that ‘government’ is nothing but a racket, a circus of hawkers, shysters and con-men.

The summation of Madison’s, Federalist No.40:

“The sum of what has been here advanced and proved is, that the charge against the convention of exceeding their powers, except in one instance little urged by the objectors, has no foundation to support it; that if they had exceeded their powers, they were not only warranted, but required, as the confidential servants of their country, by the circumstances in which they were placed, to exercise the liberty which they assume; and that finally, if they had violated both their powers and their obligations, in proposing a Constitution, this ought nevertheless to be embraced, if it be calculated to accomplish the views and happiness of the people of America. How far this character is due to the Constitution, is the subject under investigation.”~PUBLIUS {James Madison}

. . . . . . . . . .
Let us consider this deeply:
“if they had violated both their powers and their obligations, in proposing a Constitution, this ought nevertheless to be embraced…” – in other words it matters not what the written and understood to be law is; if it is “practical” it is right; Realpolitik, the Machiavellian ‘rule by practical man’, not written law.

Notes of the Secret Debates of the Federal Convention of 1787
http://avalon.law.yale.edu/18th_century/yates.asp

The Constitution of No Authority by Lysander Spooner:
http://jim.com/treason.htm

“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 it does not so much as even purport to be a contract between persons now existing. It purports, at most, to be only a contract between persons living eighty years ago. [This essay was written in 1869.] And it can be supposed to have been a contract then only between persons who had already come to years of discretion, so as to be competent to make reasonable and obligatory contracts. Furthermore, we know, historically, that only a small portion even of the people then existing were consulted on the subject, or asked, or permitted to express either their consent or dissent in any formal manner. Those persons, if any, who did give their consent formally, are all dead now. Most of them have been dead forty, fifty, sixty, or seventy years. and the constitution, so far as it was their contract, died with them. They had no natural power or right to make it obligatory upon their children. It is not only plainly impossible, in the nature of things, that they could bind their posterity, but they did not even attempt to bind them. That is to say, the instrument does not purport to be an agreement between any body but “the people” THEN existing; nor does it, either expressly or impliedly, assert any right, power, or disposition, on their part, to bind anybody but themselves. Let us see. Its language is:

We, the people of the United States (that is, the people THEN EXISTING in the United States), in order to form a more perfect union, insure domestic tranquility, provide for the common defense, 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.”~Spooner

“So it was with those who originally adopted the Constitution. Whatever may have been their personal intentions, the legal meaning of their language, so far as their “posterity” was concerned, simply was, that their hopes and motives, in entering into the agreement, were that it might prove useful and acceptable to their posterity; that it might promote their union, safety, tranquility, and welfare; and that it might tend “to secure to them the blessings of liberty.” The language does not assert nor at all imply, any right, power, or disposition, on the part of the original parties to the agreement, to compel their “posterity” to live under it. If they had intended to bind their posterity to live under it, they should have said that their objective was, not “to secure to them the blessings of liberty,” but to make slaves of them; for if their “posterity” are bound to live under it, they are nothing less than the slaves of their foolish, tyrannical, and dead grandfathers.”~Ibid

“The ostensible supporters of the Constitution, like the ostensible supporters of most other governments, are made up of three classes, viz.:
1. Knaves, a numerous and active class, who see in the government an instrument which they can use for their own aggrandizement or wealth.
2. Dupes — a large class, no doubt — each of whom, because he is allowed one voice out of millions in deciding what he may do with his own person and his own property, and because he is permitted to have the same voice in robbing, enslaving, and murdering others, that others have in robbing, enslaving, and murdering himself, is stupid enough to imagine that he is a “free man,” a “sovereign”; that this is “a free government”; “a government of equal rights,” “the best government on earth,” and such like absurdities.
3. A class who have some appreciation of the evils of government, but either do not see how to get rid of them, or do not choose to so far sacrifice their private interests as to give themselves seriously and earnestly to the work of making a change.

The payment of taxes, being compulsory, of course furnishes no evidence that any one voluntarily supports the Constitution.”~Ibid

“Still another reason why the payment of taxes implies no consent, or pledge, to support the government, is that the taxpayer does not know, and has no means of knowing, who the particular individuals are who compose “the government.” To him “the government” is a myth, an abstraction, an incorporeality, with which he can make no contract, and to which he can give no consent, and make no pledge. He knows it only through its pretended agents. “The government” itself he never sees. He knows indeed, by common report, that certain persons, of a certain age, are permitted to vote; and thus to make themselves parts of, or (if they choose) opponents of, the government, for the time being. But who of them do thus vote, and especially how each one votes (whether so as to aid or oppose the government), he does not know; the voting being all done secretly (by secret ballot). Who, therefore, practically compose “the government,” for the time being, he has no means of knowing. Of course he can make no contract with them, give them no consent, and make them no pledge. Of necessity, therefore, his paying taxes to them implies, on his part, no contract, consent, or pledge to support them — that is, to support “the government,” or the Constitution.

All political power, so called, rests practically upon this matter of money. Any number of scoundrels, having money enough to start with, can establish themselves as a “government”; because, with money, they can hire soldiers, and with soldiers extort more money; and also compel general obedience to their will. It is with government, as Caesar said it was in war, that money and soldiers mutually supported each other; that with money he could hire soldiers, and with soldiers extort money. So these villains, who call themselves governments, well understand that their power rests primarily upon money. With money they can hire soldiers, and with soldiers extort money. And, when their authority is denied, the first use they always make of money, is to hire soldiers to kill or subdue all who refuse them more money.”~Spooner
__________
Spooner’s entire essay should be read, it is absolutely brilliant.

“The constitution not only binds nobody now, but it never did bind anybody. It never bound anybody, because it was never agreed to by anybody in such a manner as to make it, on general principles of law and reason, binding upon him.

It is a general principle of law and reason, that a written instrument binds no one until he has signed it. This principle is so inflexible a one, that even though a man is unable to write his name, he must still “make his mark,” before he is bound by a written contract. This custom was established ages ago, when few men could write their names; when a clerk — that is, a man who could write — was so rare and valuable a person, that even if he were guilty of high crimes, he was entitled to pardon, on the ground that the public could not afford to lose his services. Even at that time, a written contract must be signed; and men who could not write, either “made their mark,” or signed their contracts by stamping their seals upon wax affixed to the parchment on which their contracts were written. Hence the custom of affixing seals, that has continued to this time.”~Ibid

“It is no exaggeration, but a literal truth, to say that, by the Constitution — NOT AS I INTERPRET IT, BUT AS IT IS INTERPRETED BY THOSE WHO PRETEND TO ADMINISTER IT — the properties, liberties, and lives of the entire people of the United States are surrendered unreservedly into the hands of men who, it is provided by the Constitution itself, shall never be “questioned” as to any disposal they make of them.

Thus the Constitution (Art. I, Sec. 6) provides that, “for any speech or debate (or vote), in either house, they (the senators and representatives) shall not be questioned in any other place.”

The whole law-making power is given to these senators and representatives (when acting by a two-thirds vote); [1] and this provision protects them from all responsibility for the laws they make. [1] And this two-thirds vote may be but two-thirds of a quorum — that is two-thirds of a majority — instead of two-thirds of the whole. The Constitution also enables them to secure the execution of all their laws, by giving them power to withhold the salaries of, and to impeach and remove, all judicial and executive officers, who refuse to execute them.

Thus the whole power of the government is in their hands, and they are made utterly irresponsible for the use they make of it. What is this but absolute, irresponsible power?

It is no answer to this view of the case to say that these men are under oath to use their power only within certain limits; for what care they, or what should they care, for oaths or limits, when it is expressly provided, by the Constitution itself, that they shall never be “questioned,” or held to any responsibility whatever, for violating their oaths, or transgressing those limits?

f, then, nobody is individually responsible for the acts of Congress, the members of Congress are nobody’s agents. And if they are nobody’s agents, they are themselves individually responsible for their own acts, and for the acts of all whom they employ. And the authority they are exercising is simply their own individual authority; and, by the law of nature — the highest of all laws — anybody injured by their acts, anybody who is deprived by them of his property or his liberty, has the same right to hold them individually responsible, that he has to hold any other trespasser individually responsible. He has the same right to resist them, and their agents, that he has to resist any other trespassers.”~Ibid

APPENDIX.

“Inasmuch as the Constitution was never signed, nor agreed to, by anybody, as a contract, and therefore never bound anybody, and is now binding upon nobody; and is, moreover, such an one as no people can ever hereafter be expected to consent to, except as they may be forced to do so at the point of the bayonet, it is perhaps of no importance what its true legal meaning, as a contract, is. Nevertheless, the writer thinks it proper to say that, in his opinion, the Constitution is no such instrument as it has generally been assumed to be; but that by false interpretations, and naked usurpations, the government has been made in practice a very widely, and almost wholly, different thing from what the Constitution itself purports to authorize. He has heretofore written much, and could write much more, to prove that such is the truth. But whether the Constitution really be one thing, or another, this much is certain — that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”~Lysander Spooner
http://jim.com/treason.htm

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