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 "Malo periculosam libertatem quam quietam servitutem" |
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"Malo periculosam libertatem quam quietam servitutem" |
FEDCON:
Death of the American Republic
Presented By F.A.C.T.S.
Section 4
Chapter 3
Part 2
Facing Yesterday
Nothing new runs well at first and there were still some fine adjustments that the federalists needed to make to the system that they set up in America. Such an opportunity to improve Federal control and power comes unexpectedly and very conveniently in 1793.
In a 1793 lawsuit, Chisholm v. Georgia (1793), brought before the Supreme Court of the United States, Chief Justice John Jay makes an error in judgment and agrees with the Constitution that an individual does have the free right to sue government. This action by Chief Justice Jay infuriates his fellow federalists to no end, and the federalist Congress reacts on March 4, 1794, by proposing to the States the 11th Amendment to the Constitution:
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."
President John Adams and the Secretary of State proclaimed the 11th Amendment to be part of the Constitution on January 8, 1798. The ratification came at a perfect time for the federalists, as public sentiment was turning heavily against the federalists and their cause, and this new amendment would help preserve the federalists position and power, and it would also hinder what the anti-federalists or masses of common people could legally do to federalism.
The primary purpose for the passage of the 11th Amendment in that time period was to prevent anti-federalists or other "radicals" from suing the Federal government and stopping the federalist movement in America. When the people have no direct Judicial recourse to address the government for wrongs committed against them and the Constitution, then the select few controlling government are allowed to rule without fear of interference from the people. So the 11th Amendment enforces that arbitrary power, and any form of control over federalism, by establishing a law that prevents any serious legal threats against it. This is nothing but the arbitrary government dominated control by force, manipulation, and intimidation of the Constitution and the masses of people in America, and the 11th Amendment, in 1998, continues to hinder the basic human rights of "due process" and Judicial redress of government wrongs, that was guaranteed to the common people by the original intent and construction of the Constitution.
There are sound legal arguments against the 11th Amendment, and one argument is that the amendment conflicts with the overall intent of the original part of the Constitution, Article III, Section 2, clause 1, which reads, "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws…." The intent of the original part of the Constitution is very clear; it proclaims the basic human right of the American people to have direct legal access to the highest court in the land, the Supreme Court, so that the people can maintain the right to redress wrongs committed against the common people and the Constitution by those in government that are in power. This very basic argument shows that the 11th Amendment is clearly in direct conflict with that basic human right as guaranteed to the people and preserved by the Bill of Rights. The 11th Amendment is no more than a misconstruction of the intended and true law, and the 11th Amendment was created only for the purpose of protecting the benefit and gain of the select few in power.
The second argument against the 11th Amendment presents conclusive evidence that the first argument conclusions are totally accurate as well as being legally correct and sound in judgment.
Argument two against the 11th Amendment is a little more complex in structure and involves the movement through several complex issues, but the argument is possibly the best case against the validity and Constitutionality of the 11th Amendment. This argument will clearly show that the 11th Amendment clearly interferes with and is in direct conflict with several other basic human rights established by the Constitution and guaranteed by the Bill of Rights.
When the 11th Amendment was ratified the 16th Amendment was still 115 years into the future, but that future amendment plays a critical role in the argument against the validity and Constitutionality of the 11th Amendment. Those members of Congress that misconstructed the Constitution with the 16th Amendment probably had no idea of the legal ramifications and complexities that quietly surrounded that amendment and its direct intrusion into basic Constitutional rights that belong directly to the common people or just how much that amendment would effect other areas of the Constitution and Bill of Rights.
Article V and Article I of the Constitution provide the justification for the argument and the Bill of Rights enforces the argument. The facts discovered will demonstrate that there are definitely violations to the basic human rights of the masses of people in America, and that the abuses and laws passed in connection with those illegal amendments were pressed onto the masses of common people without their general and equal consent.
Article V states, "Provided that no amendment which may be made prior to the year 1808 shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article." What Article V establishes, is that if the 11th Amendment was passed and ratified prior to the year 1808, which it was, then the 11th Amendment cannot be valid if it affects in "any Manner" Article I, Section 9, first and fourth Clauses of the Constitution.
Article I, Section 9, Clause 4 of the Constitution states, "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration hereinbefore directed to be taken," and Article I, Section 2, Clause 3 which is the "hereinbefore directed" part of the above, further goes on and states, "Representatives and direct Taxes shall be apportioned among the several States…according to their respective Numbers…." Those Articles, Sections, and Clauses firmly spell out as basic American human rights to the people, equal and fair representation in Congress and the right to taxation based strictly on those Articles, and not on any other methods or amendments that federalists in government might dream up.
When the Constitution clearly spells out specific instructions to those in government, on more than one occasion, then the intent of those instructions are clear and are not to be tampered with or misconstructed by those within government for any reason. The instructions are basic human rights that belong to the American people and they are guaranteed by the Bill of Rights. Any government that chooses to violate such instructions and rights are no better off then the totalitarian governments of Communism and Fascism, and those within government that continue to allow such rights and instructions to be violated are traitors to America.
The 16th Amendment is the amendment that allows the Federal government to disregard Article I, Sections 2 and 9, and to levy income tax without regard to any census or enumeration and gives further power to Congress to legislate unfair and unconstitutional tax laws on the masses of people. The 16th Amendment is a clear violation of a very sacred American agreement between the common people and their government, because of its continued violations against the intent of the Constitution and Bill of Rights. There was not to be any representation and taxation of any manner unless that representation and taxation was in strict accordance with the census and enumeration, yet the Federal government continues to ignore the wishes of the people and founding fathers of the United States.
When arguments to the Constitutional validity of the 16th Amendment cannot be heard first and foremost by the Supreme Court, because an individual or group of individuals is denied direct access to the court by the power of the 11th Amendment, then by virtue of Article V of the Constitution, the 11th Amendment is automatically invalidated due to its blatant and unconstitutional disregard of the Constitution and Bill of Rights brought on by the 16th Amendment.
This is another example of arbitrary Federal government, and proves that the United States is not a "republic," but instead is a federalist state with regard for only the select few.
Legislation and amendments that also interfere with the fair and equal representation in Congress as originally provided for in the Constitution are also unconstitutional for the same argument.
Without the restraints of Article III, Section 2, Clause 1 of the Constitution, the Congress, the Courts, the President, and any other governmental office or legally empowered government body can apply any restraint or abuse to the people, in any manner that they deem necessary and they can do this without any fear of judicial redress by the common people. Without the power to be legally questioned by the masses of people or by any one individual, the Federal government is free to treat the people in any manner that they desire, and to do anything they want to do, which will benefit themselves at the expense of the masses of common people in America.
Remember that one of the primary characteristics of federalism is the absolute power of Federal government over the common people and the continued application of the 11th Amendment to prevent the people from questioning the Federal government proves that the United States is a totalitarian form of government and not a free and true "republic" for "We the People."
If the current form of government in the United States were really a true and real "republic," then the types of constitutional abuses that have been shown so far would not be allowed to continue on endlessly without being legally challenged. A true "republic" that is working in and for the best interests of all those who live in its domain of power, offers to the masses of common people, or to even the one lone individual, the ability and the absolute right to have the direct redress to the abuses of government. The current Federal government does not even come close to fulfilling that most basic of Natural human rights. A "republic" would fulfill that right to the masses of people.
A real and true "republic" merges the consensus of the people together for the overall good of society and the country, and applies all governmental powers and benefits on a fair and equal basis, but most of all the common people have equal and fair representation within their government in order to prevent the abuses and excesses by the government.
True and real "republics" also have "term limits" on Representatives and there is also "term limits" on other officers of public trust within government.
"To protect and to defend the Constitution" has real and constructive meaning to those people that live in a true "republic" and that are true in heart and spirit to the meaning of "truth and justice for all."
With the passage of the 11th Amendment and the strict restraints that it exercised against any legal recourse that the common people might have to correcting the wrongs committed against them by the Federal government, the federalists continued forward with their course of establishing their total control and domination over America and all of its potential wealth and resources.
By 1798 most of the poor class, including small landowners and others of low standing, had started the long journey West to escape the lies, deception and other abuses that were being inflicted on them by this new "bastard" Federal government. Many poor had their land literally stolen away from them with no where to call home the only practical choice left to many of the common people was to move, or face the certain prospect of starvation and/or slavery at the hands of federalism. The way to escape the sufferings and abuses imposed by the powers of federalism became the incentive that in turn became the motivation for common people of that time to move westward.
The common people were to have shared in the new American government and all of the sweet dreams, but the affluent federalists had quickly snatched away the government, promises and dreams of the common people, many of whom that had fought in the Revolution. Instead of the sweet dreams of freedom and peace, the common people got the continued nightmares of more tyranny and oppression.
Countless graves created by the Revolution are strewn throughout the original thirteen States and some have no names to mark the graves of the fallen, and no great monuments arise above those graves, they are unknown but to a few or none at all - they are unknown names in unknown places, where great men of all walks died. In the great American Revolution the common people bled and died, while the federalists laughed and lied. Are we to remember, as a people, the solemn promises that had been made to those that fought and died or do we as a people continue with the federalist lie and continue to be the people that died?
Conditions continued to worsen throughout America in 1798, and the common people were becoming more openly vocal about the 11th Amendment and the oppression that the Federal government was inflicting on the people. Even the newspapers were being a little more forward about questioning and challenging the authority and power of federalism.
The federalists were not taken back very much by this vocalization and opposition to them because they had come up with another high handed plan that would finally shut up Thomas Jefferson and the other anti-federalists who were speaking openly and opposing the Federal government.
In 1798 Congress passed the notorious Alien and Sedition Acts, and the laws empowered the federalists with the necessary tools to shut up Jefferson and the others that opposed them. These laws gave the federalists the power to imprison and shut up anyone or anything that spoke out publicly against the Federal government. Thomas Jefferson was furious, but there remained relatively little that he could do, as Jefferson himself was afraid of being jailed, and if he was in jail there was nothing that he could do to help protect the common people. Countless numbers of people who were anti-federalists and in open opposition to the federalists were rounded up and carted off to jails and prisons. Writings and other paperwork that was considered seditious and not in the best interests of federalism was confiscated and quickly destroyed, as well as any incriminating government paperwork that might be considered harmful to the cause of federalism. Basic human rights were thrown to the wind and the Constitution and Bill of Rights were ignored and violated. The federalists had come to practice the principal of; Why not rape the Constitution and people again, after all, we (the federalists) got away with it once so why not again!
Armed with the necessary laws created and empowered to the federalists by the Alien and Sedition Acts, and by the legal immunity granted to them by the 11th Amendment, the federalists were able to move forward and destroy the resistance to Federal government literally unopposed. Jeffersonians and others who disagreed with the federalists and supported a "republican form" of government were now being called traitors and anti-American.
Many of the common people who had fought in the Revolution and who were now being branded as seditious because of their outspoken views against the Federal government, were literally being forced off of their lands by the affluent federalists who were seizing the common peoples property any way that they could. For the poor it was flee for your life, and if you were an alien it was even worse, but in the eyes of the affluent federalists, those that had no standing and wealth were nothing but aliens. For two long years a reign of terror, illegal seizures of property, and mass violations of the Constitution and Bill of Rights was committed against the people by the Federal government. Tyranny replaced the right of free speech and no one was immune to the persecution if they were opposed to the Federal government in any manner.
The total picture on the outcome of all those poor people who fled is unclear at this point, as only fragments of stories remain, but one of those stories is worth mentioning.
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