To recover and keep our political and economic freedom – our Free Constitutional Republic – We the American People must recover our only legal bulwark of freedom: the U.S. Constitution as written and originally understood and intended. In doing so, the American People would once again establish the Rule of Law which is essential to political freedom, by reinstating the Constitution as the Supreme Law of the Land.
To recover our Free Constitutional Republic, therefore, the average American must familiarize himself or herself with the Constitution and understand how it mainly limits the federal government. Below is an outline of a step-by-step approach for the average American to understand the Constitution.
1st Step. Get a good grasp of the PRESUMPTIONS of the Constitution by reading the Ninth and Tenth Amendments, the Declaration of Independence and certain selected Federalist Papers. The major presumptions are
1) rights, freedoms, and powers are inherent in individuals, not government, and are given by God – among them are Life, Liberty, and the Pursuit of Happiness. They are the God-given birth right of every individual and are NOT given nor taken away by government,
2) the Constitution does NOT grant rights and powers to individuals but the Constitution protects those rights which are God-given,
3) the powers of the federal government are CREATED and DELEGATED by individuals through the states via the Constitution. The Constitution is the CREATOR and LIMITER of the Federal Government,
4) if it is not a specific, enumerated power, it is not a power of the federal government whereas the opposite is true with the states and individuals. The states and the people are presumed SOVEREIGN outside of Constitutional mandates and limitations.
2nd Step. Understand the basic STRUCTURAL doctrines in the Constitution by reading resources with solid Constitutional-based reasoning like Robert Bork’s works. The Constitution creates the federal government and is its ONLY source of legitimate power and authority. The major structure of the feds is the three branches and the separation of powers between the branches with its checks & balances of power among the branches.
Article I creates the legislative branch, Article II creates the executive branch, Article III the judicial branch, Article IV puts certain limitations on the states, Article V outlines how to amend the Constitution, and Article VI declares the Constitution and ONLY those U.S. laws PURSUANT to the Constitution is the Supreme Law of the Land.
3rd Step. Once you’ve got a hold of the presumptions and structure, you can READ THE TEXT of the Constitution with a basic understanding. For your convenience, a copy of the Constitution is on this website in the REFERENCE section.
4th Step. Understanding modern ALTERATIONS/PERVERSIONS that depart from the Constitution as written and originally understood and intended. Such perversions are generally those Congressional acts and SCOTUS decisions over the last 100 years or so that have given the feds sweeping, authoritative, and actually totalitarian powers with little to no constitutional reasoning or basis for doing so. The big three perversions plus a forth, are
1) “The Incorporation Doctrine” – judicial misapplication of the 14th Amendment giving the feds sweeping powers not contemplated by the ratifiers of the amendment who intended the 14th Amendment to be a post-Civil War Reconstruction Amendment establishing ex-slaves as full citizens, nothing more.
2) The [Interstate] “Commerce Clause” (Art I, Sec 8, Cl 3) astonishingly expanded by Congress and ratified by SCOTUS to give the feds almost unlimited power over intrastate and local economic activities again, not contemplated by the ratifiers of the Constitution.
3) The “Necessary and Proper Clause” (Art I, Sec 8, Cl 18), originally intended to allow executive enforcement and regulation (“necessary”) pursuant to legislation within the scope of the Constitution (“proper”), the N&P Clause has been expanded beyond constitutional grounds and limits by essentially knocking out the “proper” part of this clause to such an extent that a quasi-fourth branch of government has been created: the Regulatory/Administrative State with its behemoth unconstitutional regulatory bureaucracies.
4) The power and effect of the Supreme Court of the U.S. (SCOTUS) decisions. Society and the legal community have granted SCOTUS much greater power than what the ratifiers of the Constitution contemplated. Nowhere does the Constitution give SCOTUS power to create national law. SCOTUS, the judicial not legislative branch, is given power to decide INDIVIDUAL CASES and CONTROVERSIES (Art III, Sec 2). Thus SCOTUS decisions, if soundly based on the Constitution, are valid but limited to the parties of the case and any other case with the same questions of law and fact.
States and the other federal branches should not allow the scope of a SCOTUS decision to go beyond its constitutional limitations. Congress, as the legislative branch, is the only federal branch that has the power to make national law. Regarding the issues of a given case, if Congress so chooses, it can pass legislation as long as the law is pursuant to the Constitution. Meanwhile, SCOTUS as the judicial branch is limited to the case at hand and has no such sweeping legislative power.
A SCOTUS decision that is deemed unconstitutional should be rejected and nullified by the states and the other federal branches, but not without sound Constitution-based explanation and reasons for such nullification.
Post-1900 SCOTUS decisions are generally problematic while the pre-1900 decisions are better and more helpful in accurately interpreting constitutional phrases. There are very few good resources that critically analyze SCOTUS decisions based on sound constitutional understanding, and Bork’s books are one of those rare resources. https://www.amazon.com/Tempting-America-Robert-H-Bork/dp/0684843374
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This is an action plan to begin the recovery of political freedom in America. That recovery begins with the American People becoming familiar with and owning OUR Constitution as written and originally understood and intended as outlined above, which is the key to OUR political freedom. Armed with this knowledge and resulting boldness, the American People could begin to recover their freedoms and their Constitution that protects them.
At the state level, the citizenry should move intelligently and boldly to choose, elect, and hold accountable state representatives to enforce constitutional state sovereignty and nullify unconstitutional federal acts, which by definition are acts of tyranny. They need to elect state officials who are willing to become financially independent of the feds and, therefore, will not be afraid to reject and nullify unconstitutional federal acts. States are sovereign outside constitutional constraints as confirmed by the Ninth and Tenth Amendments and states have every constitutional right to reject unconstitutional federal acts. States are a “bottoms up” solution to federal tyranny.
At the federal government level, the “top down” solution is the American People voting for and demanding federal officials make and keep the federal government limited within the confines of its constitutional authority and power. This means cutting the current 2017 size of the $4 trillion federal government by about 80% down to its constitutional size. That in turn means sending home packing hundreds of thousands of federal officials, bureaucratic heads, and government workers without a job. Weep not for them for America will rejoice in its newly-found freedom and economic prosperity. In a short time, there will be opportunity aplenty in what would be the greatest economic boom ever.
With the help of the Divine Providence of Almighty God, we will accomplish the recovery of our Free Constitutional Republic and America will once again be a shining light of freedom to the world.