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Understanding The Constitution of the United States of America
To give a good path to an overall understanding, consider the beginning and ending of this wonderful document.
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 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."
The power flowed from the people. The people were the source of the power.
Those people exercised their power to form a more perfect union.
In saying they were forming a "more perfect union", they were acknowledging they already had a union and a good one.
They were making more perfect what they already had. The union of the United States of America was legally documented in the Declaration of Independence.(DOI)
That document (DOI) was like a charter that gave the spirit and purpose of the United States of America. The Constitution was to form a more perfect
understanding of how the people of the United States would operate their government to the purposes mentioned above. Compare the Constitution
to the by-laws giving the details and limits of how an organization is authorized to operate.
Four points of the final sentence of the Declaration of Independence
1. It was done in a group that was called together and authorized by the states.
2. There was unanimous consent
3. of the states
4. They acknowledged " our Lord ".
5. They acknowledged the United States of America had already existed twelve years.
Here is the quote of the final sentence:
"Done in convention
by the unanimous consent of the states present
the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven
and of the independence of the United States of America the twelfth."
The power flowed from the people of each state to their elected representatives who then represented their individual states.
Count from July 4, 1776 to July 4, 1777 as one year. To July 4, 1786 would be ten years. To July 4, 1787 would be eleven years.
To September 17, 1787 would be two months into the twelveth year. It was the second month of the twelvth year of the United States of America as formed
by the Declaration of Independence. Eleven full years had passed and the nation was into the third month's cycle of the twelve year, not a full twelve years had passed
but the date was in the twelvth year. We're so used to counting in terms of birth days, whole years. We even think of our children as being six
while they're truely into their seventh year, just not the whole completed seventh year. This is important because many will try to tell you
the Constitution does not date itself back to the Declaration of Independence and in the year of our LORD, 1787. And why is it important that
this Constitution links itself back to the DOI??? For that answer, read the Jubilee Speech of the Constitution delivered by President John Quincy Adams.
Jubilee Speech After you read down to the end of that , read the last two paragraphs aloud so you can more truly hear the words.
Take turns with your family, reading and putting expression into that speech. Oh that it was still taught in schools today. Perhaps you can get it into your children's school.
At least read it to them at home.
The Declaration of Independence gave life, gave birth, and gave the spirit the reasons and purpose
The Resolutions of the First Continental Congress of Oct 14, 1774 described
themselves as the people of America and as the colonists of the King.
"That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS:"
The members of the Stamp Act Congress of 1775 called themselves colonies of the King. Click here to read their document.
It was the Declaration of Independence that formed the union of the United States of America by the consent of the thirteen states who now
called themselves states instead of colonies. For example the STATE of Virginia instead of the COLONY of Virginia.
Previous documents refered to the thirteen as colonies of England. So the DOI was the first document of the United States of America.
And it has never been rescinded. Therefore it is in full effect from the founding fathers of The United States of America.
That this is so important can be seen and heard from the speech of President John Quincy Adams, the Jubilee of the Constitution.
The Constitution gave them a more perfect union, yes; but the Union of The United States already existed. And the spirit and purpose
and guiding light was already established as shown by their state constitutions and reflected in the Declaration of Independence.
The Constitution of Virginia, their Bill of Rights made be read click here
Other American fundamental legal documents, in historical order, may be read by clicking here
How differently we could have all understood had our schools only taught these truths.
Let it be known that Jefferson did not write the constitution from scratch out of his head. Rather he was called to compile it from many written documents
and ideas compiled over time of history. Indeed many of the great ideas of liberty and government had been preached in detail from the pulpits
of the colonists' preachers during the Great Awakening, and the 2nd Awakening of America. We are in dire need of another Great Awakening now.
And here is what I consider to be the most important paragraph for today from President John Quincy Adams' Jubilee Speech.
"Fellow-citizens, the ark of your covenant is the Declaration of independence. Your Mount Ebal, is the confederacy of separate state sovereignties, and your Mount Gerizim is the Constitution of the United States. In that scene of tremendous and awful solemnity, narrated in the Holy Scriptures, there is not a curse pronounced against the people, upon Mount Ebal, not a blessing promised them upon Mount Gerizim, which your posterity may not suffer or enjoy, from your and their adherence to, or departure from, the principles of the Declaration of Independence, practically interwoven in the Constitution of the United States. Lay up these principles, then, in your hearts, and in your souls - bind them for signs upon your hands, that they may be as frontlets between your eyes - teach them to your children, speaking of them when sitting in your houses, when walking by the way, when lying down and when rising up - write them upon the doorplates of your houses, and upon your gates - cling to them as to the issues of life - adhere to them as to the cords of your eternal salvation. So may your children's children at the next return of this day of jubilee, after a full century of experience under your national Constitution, celebrate it again in the full enjoyment of all the blessings recognized by you in the commemoration of this day, and of all the blessings promised to the children of Israel upon Mount Gerizim, as the reward of obedience to the law of God. "
Constitution of Virginia
June 12, 1776
BILL OF RIGHTS
A declaration of rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity, as the basis and foundation of government.
SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
SEC. 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
SEC. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
SEC. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
SEC. 5. That the legislative and executive powers of the State should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
SEC. 6. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assembled, for the public good.
SEC. 7. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
SEC. 8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.
SEC. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
SEC. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
SEC. 11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred
SEC. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
SEC. 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
SEC. 14. That the people have a right to uniform government; and, therefore, that no government separate from, or independent of the government of Virginia, ought to be erected or established within the limits thereof.
SEC. 15. That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
SEC. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance love, and charity towards each other.
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Article 1 Section 1 says the power to make laws (the legislative powers) abides with congress.
It does not say the judiciary can make laws.
It does not say the president can make laws.
However it does say in Article 1 Section 1 that all legislative powers granted by the constitution
shall be in the congress. Then it goes on again to clarify that means only the House of Representatives and the Senate
shall have the power to make law.
Note: To make law is to legislate. To legislate is to make law. This is why Congress is called the legislative branch of our government.
Full text of Article I Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Note: Supreme Court Opinions Are Only Evidence of Law, Not Law Itself and Not the Supreme Law of the Land
http://www.lonang.net/foundation/3/f36b.htm
ISSUE of Contention: This article is broken when the president, the executive branch, tries to effect legislation by so called "Executive Orders".
Legislative and Executive Powers Lonang.com
ISSUE of Contention: Article 1 Section 1 is broken when the Judiciary tries to erase and replace laws established and accepted and practiced
over a century.
Article 1 Section 7 All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
ISSUE OF CONTENTION: Neither the president nor any "czar" can raise revenue, not by EO (Executive Order) nor any other breaking of the law of the land.
Article 1 Section 8: The enumerated powers of the congress.
Issues of Contention: See this in light of the Ninth and Tenth Amendment which were written to assure
the enumerated powers would not be ignored by a power-grabbing central government. The Founding Fathers put in both the ninth and the tenth
amendments, twice, so that even a lawyer could understand it, and a congressman could get the point. Don't take over state's rights, and don't
take over the right of the people. For further background, see the Anti-Federalist papers.
Article 1 Section 9:
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
ISSUE OF CONTENTION: It is my understanding that Hussein has recently been appointed as Chairman of the U.N. Security Council.
Have we the people authorized congress to consent to such appointment? I don't think so.
Article 2 Section 1:
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President;
ISSUE OF CONTENTION: Hussein's eligibility was never ratified by the Democratic National Committee, and he continues to avoid disclosure of his documents.
Article 2 Section 4:
Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article 4 Section 4
Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Issue of Contention: Many today fail to know what was meant by "...a republican form of government,..." Noah Webster and others explained it clearly.
Article 6:
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;
Issue of contention: Some are not upholding this Constitution. They must.
1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONTESTING THE VOTE.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
More to come . Check back soon.
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