Briggs: As a natural accompaniment to Ianto’s article, please do not miss Richard Greenhorn’s explanation of SCOTUS’s latest misery: “Justice Thomas’s 14th Amendment: The culmination of a career, and testament to another generation.”
Every morning, I descend my stairway to the hall that leads to my hearth room and kitchen. As I walk this hall, I pass before a large, beautifully illumined copy of the Constitution of the United States of America. I write this on the eve of the 250th anniversary of the passage of this document into history. And 223 years into the dustbin of history.
I write this tonight because I am grieved at our loss of memory. I have not seen, in these past six months leading to this date, not a single article that calls into question whether this document still actually exists. Not a single article that asks whether it died aborning in 1803. Not a single word on what that death means for us today.
But I will now fill that void, out of a sense of obligation, akin to the death of a dearly departed child sibling. Because it’s true. America, the nation, has died. America’s place has been overtaken by a golem that resembles her, in the most superficial way. A true nation, the one we had hoped in.
To do this properly, I must first ask for a show of hands. Who here has actually read this document? Further, who has actually read it’s antecedent, The Articles of Confederation? Be honest, please.
Now let us examine this matter of whether we are observing a corpse or a living being. To do this properly, we need to take a short digression into contract law. Because we are dealing with the supposed Social Contract that governs us as a people. The Leviathan that rules us.
Supposedly, our government derives its power from those it governs. Think about that oxymoron for a moment. It would make sense, if man wasn’t a fallen creature. And if there was no God. But neither of those propositions is true. At least, obviously, not the first of them.
Now anyone who has signed a contract does (or should) understand what a contract is. It is an agreement of terms. And so, the terms are stated and defined. And this is done in the order of their importance to the matter at hand. The most important things come first. In other words, the who, what, when, where, why and how’s are stated and affirmed.
So we start with who (we, the people), the what (constrained by an unwieldy compact), the when (1789), the where (the American states), the why (in order to form a more perfect union), do hereby re-establish the order of our union. That is, we are now going to re-define the how. Now we get to the meat of the matter. The Articles that define us.
We now define the re-organization of the Leviathan. Which will directly predict its eventual size, and scope of power. The definition of our particular version of the Leviathan is spelled out in the Articles of this Constitution of 1789 (that is, 13 years after the Declaration of Independence, and the initial Articles of Confederation).
As in most contracts, the most important elements are placed first. That is, the elements of ‘the how’ mentioned above. The ‘how’ of which we are to be governed. So let us review the document, and we see that Article One of this new social contract is entitled ‘The Legislative Department’. This article then defines the scope and powers of this first of three branches of government envisioned in this re-organization of America, the singular nation.
Here we need to take note of a single, incredibly important fact, which is this: this new Constitution did certainly NOT contemplate or define a government of three co-equal branches. If it did, why were the three separate branches (legislative, executive, judicial) defined separately? And ranked in order? Simple. Because they were not intended to be co-equal. Why? Because, apart from the Trinity, with its underlying hypostasis, there is no way a three- (or even two-) way division of power will ever work. Not among fallen men, at least. And after all, if we are not fallen men, then why do we need a government?
What is the proof of my assertion that the Legislative department is the most important of the three branches the Constitution enumerates? Simple, citizen. Look at the enumerated powers it is given: the power to tax, the power to legislate, the power to declare war, the power to impeach and remove. Neither of the two other branches has these powers. Plus, it also has the power to over-ride the executive, when it vetoes a law the majority of Congress has passed. In other words, Congress has ultimate power over the executive (Presidency). And even more importantly, over the third branch, the Judiciary.
What am I referring to here? Simple, friend. I am referring to the article I read every morning, as I pass across my copy of the Constitution in my hallway. That is, Article III, Section 2, SubSection 2. This is the section that deals with what was overthrown in 1803 in the Supreme Court decision known as Madison vs Marbury.
Please note, this Wikipedia explanation omits the most salient fact of this case; namely that the defendant personally involved here was William Marshall, the brother of the Chief Justice, John Marshall. William Marshall, is who was going to jail if the matter was decided on either the facts or the law. And both the facts and the law were against him. So then, Komrade. What is to be done? Simple, citizen- find something in the penumbra of the law! Shades of Roe vs. Wade.
What does all of this mean? Simple, my fellow American: this fourteen year-old document (at that time) we know as The Constitution, was overthrown in a judicial coup that would lead to our change from nation to empire. The change from a government of the People to a government of the un-elected black-robed Tyrants.
Let’s be clear. The Articles of the Constitution were intended to go from the most important to the least important. The Legislative branch was set up to enact the law. The second Article (the Executive presidency) was set up to enforce the law the Legislature passed. The third branch (Article III, the Judiciary) was set up to rule on the law. But nowhere was there any power enumerated for the Judiciary (or Presidency) to nullify the laws enacted by the Legislature!
Let’s be even more clear here. In Article III (the Judiciary), Section II, Sub-section 2, it specifically removed the power of the Judiciary to review the acts of the Legislature, as specified by the Congress.
In other words, the Judiciary was subordinate to both Congress and the Presidency. There was never any intent to create three co-equal branches of government.
But here we are today, where the third and subordinate branch of government has jiu-jitsu’d its way to being the Supreme (Court) ruler of America. A complete reversal of the original intent of this document that supposedly places the will of the People as the source of legitimate rule. Instead, the will of the People is now subordinated to the will of five or more black-robed, un-elected tyrants who have somehow discerned the will of God in the affairs of men.
So much for Democracy. Which, by the way, is a word unspoken in this same document. And no wonder, eh? Aristotle knew the problem here.
We are now back to the question of whether America is what we think it is. Is it a nation ruled in favor of the elected will of the People? Or an empire ruled by a majority of an un-elected few who have overthrown the clear intent of the Founders, and the People they persuaded to ride along on this road to perdition?
Let me conclude by pointing out that I am not a fan of either choice. I hold no truck with the defenders of democracy, as I fully understand that The People can be wrong, on any given point. And I know full well that a Judicial microscopic subsection of these same People can be wrong as well.
But this I do know as well. It is easier to subvert five individuals than it is to pervert a majority of 435 locally elected individuals. Especially if it is supposedly illegal for a foreign nation to influence (buy) anyone’s allegiance against our own self-interest.
But given that this foreign purchase of influence of either the five (the Judiciary), the one (The Presidency) or the 435 (the Legislature) is not precluded by law (or rather, enforcement), we will end up in the same place we are in today.
That is to say, in the Waiting Room of Hell. Please take a number. We will be calling your name soon.
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