Musings on the Preamble to the Constitution

Inspired by Theodora Anne Merry

   Goldflame* has presented an argument from the preamble to the constitution that Trump is violating the oath of office by not upholding the constitution, in a comprehensive way, and we think that is true. That is, tyranny of course does not fulfill any of the six stated purposes in the preamble. But there is reflection on the preamble that it worth considering, and we base our assertion that Trump has violated his oath of office on more particular points, such as his intimidation of the press, which, when done by the executive, violates the First Amendment protection of Free Speech. The Trumpsters will  of course say that fascism makes for a more perfect union, by destroying the share in sovereignty of the states, That tyranny such as that of Duterte in the Philippines and ICE in the United states woks to enforce justice, establish domestic tranquility, etc, and that their racist foreign wars provide for the common defense, all to the general welfare, and tyranny is what they call Liberty,” especially the liberty to oppress and the free speech to intimidate.

  The preamble of the Constitution is very strange in that, though implicit in the last purpose, it does not mention the purpose of government stated in the Declaration “to secure these rights,” nor does the word equality appear in the constitution until after the Civil War.  The preamble was written by Gouveneur Morris of Pennsylvania, while Jefferson was away in France. Mr. Morris sets out the purposes for which a people establish a constitution, but leaves something out that is uniquely in the American Constitution. Hence, Jefferson is present in the Constitutional Convention only as he is present in his friend James Madison. But Jefferson is a good half of the constitution of American Liberty, and after the addition of a Bill of Rights was promised, signed it.

    As stated by an old teacher, “Equality is not a right, it is a principle.” As Lincoln states, in his speech on the Dred Scott case, explains, all men are created equal in this sense: that they are equally endowed with the rights to life, liberty and the pursuit of happiness. The “Equal protection of the laws” as a statement of a right did not enter the Constitution until the Fourteenth Amendment, after the Civil War. The repetition of the Declaration’s “Life, liberty and the pursuit of…property” binds the states to observe the principles of the Bill of Rights, which had, prior to the Civil War, applied only to the national government. (The pursuit of happiness is secured in part by the religion clauses of the First Amendment, and can be spelled out by the other rights, such as the Fourth and Fifth, protecting privacy and liberty). Hence, despite the fine statement of the six symmetrical purposes of this particular Constitution,** when Madison consulted Jefferson about the need for a bill of rights, the answer was that some constitutions do not need a bill of rights, but this one does (Letter). Though the national government is delegated no power to violate these rights, history has proven that the national government is inclined to just not get it. And so, indeed as Madison was persuaded, the rights needed to be spelled out. The articulation of the Jeffersonian Second Sentence of the Declaration in the text of the Constitution is in the Bill of Rights. The purpose of Government is to secure rights, and tyranny violates this, though it claim to unify us, arbitrate fur us, pacify or tranquilize, protect, defend, “help”and free us. The Declaration, like the Constitution, is fundamental law in the United States, though it must be spelled out in the Constitution. Lincoln, drawing on the proverb, set a well spoken word when he described the relation between the two as “apples of gold in a filigree of silver,” the Constitution being the filigree.

   As seems unbelievable to the students today, just after The Civil War, and for about 10 years, the South was occupied by federal troops, and politics in the United States was much like it is today, now that the principles have been re-attained. Blacks were allowed to vote, there were Black men in the Senate, and Apartheid or segregation was forbidden in public accommodations.  What the 13th though 15th Amendments did was was to insert equality into the text of the Constitution itself, with the equal protection clause …nor deny to any person in its jurisdiction the equal protection of the laws,” XIV). According to an account of Morris Fiorina, after the Civil War, elections were highly competitive. But once the Democrats were no longer competitive in the North and West, the black voting block was no longer needed, and “the Republicans abandoned the South to the Democrats, who completed their disenfranchisement of black Americans.”***  Black voters as a block were needed by the Republican party, then the party of Lincoln, but as soon as the voting block was no longer needed, the South was allowed to roll back Reconstruction. The Civil Rights Act of 1875 was overturned, in 1883. Through segregation, Jim Cow laws and strange unconstitutional voting restrictions, By the time Harry Truman reached back again for the black vote, about 1948, only ten percent of African Americans were registered to vote. The Yarbrough case happened, just as after Reconstruction came to a close, and just prior to the Plessy v. Ferguson case (1896). In a word, the KKK was told they could not prevent Blacks from voting, even in primaries. This had little effect, as tyranny can make the Constitutional limits mere parchment barriers.

Note* Goldflame, presented by the DNC in Daily Kos, Tuesday May 16 2017.

Note ** The symmetry, noted by students of Leo Strauss and George Anastaplo in his Commentary The Constitution of 1787, is most evident in the central pairing of policing and soldiering in the third and fourth purposes, but is also evident pairing 2 with 5 and 1 with 6.

These are, 1) To form a more perfect union;

2) To establish justice

3) insure domestic tranquility

4) provide for the common defense

5) promote the general welfare (Common good)

6) secure the blessings of Liberty to ourselves and our posterity

 

Note *** Morris Fiorina and Paul E. Peterson, The New American Democacy, 2001, p. 174

Advertisements

Off Twitter for a While

How cool! I lose functions and communications one piece at a time, a bit like the constrictor tactic in Juitsu. This one is mostly my fault, as I accidentally hoverclicked some button, and up came a list of the “cookies” on my WordPress account, and there was a new one from Twitter, so I removed it. The result is, I no longer have access to my own twitter account. Working in combination with poverty, it has been quite easy to silence me. I tried to put it back, but no its irreversible, (so far). Guess I did not know, but just found out, a bit about what a “cookie” is. They will not allow a certain function at all unless one agrees to live in a Nation that has no Bill of Rights. That can be said to be how I lost my phone and e-mail as well.

   That is quite alight, perhaps soon I will find buried the book that has me password written down, was it something like James Otis 1774? Something of which no one would ever think.

Revote Case is the way to AVOID Civil War

  The assertion has been made that the Revote case, if it should succeed, might cause civil war. Rather, it seems quite obvious to us that the best way to avoid such an event, to replace war with persuasive speech and constitutional procedure, is to void the 2016 election because it was decisively influenced by a foreign power, namely Russia, or their temporary tyrant, Vladimir Putin. The fascism, which everyone knows has been rising in America surrounding the election of Donald Trump, may well be a foreign contrivance. It is certainly being cultivated to the delight of Putin, as is foreign war for the United States. We do not know what he has in mind for us, or just how he plans to harm the United States, but as we have told him, it is time, even for his own good, that he go home and try to make his own nation “great.” We do not care to find out what beneficence this dictator intends for us. But as the Chaldeans, the Mexicans and Muslim Americans know already, and as ICE imposes fascism to the limit of its legal ability, just below the level of general public apprehension, it is quite real. The “Ethno-state,” is TREASON, adhering to a different constitution, and these have been and are in apparent alliance with the “white” guys over on the other side of the globe. The revote effort is in truth the best way to avoid civil war and worse. For do not think that fascism could seize power in the united states without some asserting their natural right as stated in the fourth clause of the second sentence of the Declaration, “whenever” government fails to secure these ends, the purpose to “secure” “rights,” …., but not for trivial causes. “But when…”

   All indications are that “when” will be much too late.

   One problem is that the anti-Trump forces would likely lose. One of the first things, one notes, that Trump did was to flatter the NRA people, so that they are supporting the tyrant and looking in the opposite direction for one wanting to end the gun show and gun lobby American promiscuity regarding firearms to come to “take their guns.” Never mind if arms are used to oppress or to arm fascist tyranny instead of Liberty. For some time now, the only Amendment in their Bill of Rights has been the Second. Next is to pretend to a power to “deputize” state police in the service of ICE. ICE is in fact guilty of MURDER if the Chaldeans are deported illegally to a place they are in danger, and they are killed. We must sit by like lambs and watch our government and Donald Trump cross the line of murder so characteristic of the tyrant (Plato, Republic, Book VIII). The way of peaceful, non-violent protest is not only right, but it is in our circumstances also a necessity. In Ancient Rome, the Republican forces lost a decisive battle with Pompey against Caesar, and then the Republicans were done. The error of Brutus inaugurated over a century of the worst tyranny the world had ever seen, and would see until Stalin and Hitler. Four or Five times, in the late days of Tiberius, Caligula, Nero, and Domitian, monsters took the imperial diadem and murdered at will until they were assassinated, but Rome could not rid itself of seemingly perpetual tyranny. The error of Brutus was to fail to observe the action of the first Brutus, who, upon the rape of Lucrece, expelled but did not kill the tyrant Tarquin, and founded the Roman Republic, from which, (and not from Imperial Rome) we copy our own Senate. The bad emperors killed Senators at will, and borrowed their wives as well, right in font of them while they smiled and flattered as though nothing were occurring. Tyranny cannot be expelled by assassination, because it is, despite appearances, not caused by a single man. It is a disease of a polity, now looming for America, though we are blessed not to even be able to imagine tyranny as a possibility for us. The Chaldeans know otherwise.

   Soon we may see that despite non-violent efforts, the protesters against the rising fascism may be attacked. Then with the seized law, the Trumpsters will simply reverse the guilt with a fake news statement and arrest anyone so rude as to defend themselves or other innocents: That is the sort of thing that tyranny and tyrants do. We have already seen it emerge. I myself am labeled dangerous, while doing nothing wrong, but warning of real dangers, such as the planned attack on Chicago. Martin Luther King and Company would train the activists to be able to sit calmly even while women and girls are attacked by men with badges right in front of you-what else can one do that does not bring more harm than good? Get the innocents out of the way. Use caution gathering in one place. But do not doubt that these things are “just a shot away.”

   The revote effort is precisely the way to avoid the civil war that fruitlessly will be caused by the rising fascism left unchecked. Our Constitution provides the means, in both the Supreme Court and though impeachment, to avoid tyranny and to remove a tyrannical president without war- that is indeed its point. Though fee speech, press and assembly would be bound to get rowdy, election is precisely the replacement for civil war, even as football is a civilized sublimation of war between cities. And here is  fine thought: Colin Powell received the third most votes in the Electoral College, due to one “faithless” elector out east. He would then be available for the House to choose as President, a compromise candidate, should neither candidate receive a majority in an Electoral College e-vote. Now that is a way to heal the faction leading to civil war, should Mr. Powell be available. I am still angry that his career was harmed by the vote in the U.N. on Iraq, Saddam,and WMD (Saddam violated the treaty that ended the Gulf War, so the war resumed.WMD was not the issue. They just wanted an unanimous vote in the U.N., remember?) The Republicans seem slow to realize that they do not need Donald Trump at all, nor does America, for the most, need any individual, with perhaps Lincoln and Jefferson excepted. Obvious is Obvious, and we need merely make the truth, now known to two thirds of the electorate, effective through our constitutional institutions. The Russians threw the 2016 election. We would not otherwise elect a man who had literally never read the Constitution. Russia wanted us to have a pilot who literally does not know what he is doing, but can be led about by flattery and such ends as “winning” and Money. One  cannot serve both God and mammon, but especially the US. Christians have been thoroughly deceived, as were the Republicans, by the prospect of running the table with their dear partisan platform. But what two thirds may never know, until it is much too late, is what depends upon our action, to now stand up for Liberty and for our now 230 year old Constitution.

Amicus Brief: On Supreme Court Case #16-1464

I am wondering what the deadline is for these Friend Letters, and any editorial suggestions are most welcome.

Thoughts, Comments and Questions

The Supreme Court

1 First St. NE

Washington, D.C.  20543

   I would like to submit my whole website as arguments and my whole internet experience as evidence in a letter as a friend of the Supreme Court in deciding case #16-1464 to void the 2016 election due to Russian interference.

   As indicated in Ex Parte Yarbrough (1885), the constitution assumes elections that are fair and not thrown, as by violence, bribery or indeed by foreign interference. As stated in Yarbrough, it is unthinkable that Congress have no power to pass laws to secure elections. We say that it is alike unthinkable that a presidential election be thrown and the Supreme Court have nothing to say about it. As stated in Marbury v. Madison, the Court is the interpreter of the Constitution. “It is emphatically the province and duty of the judicial department to say what the law is.”…

View original post 2,613 more words

Stones: “Time Waits for No Man”: “No favors Has He”

Copied from the songmeanings site, where Replican1212 has an extraordinary comment from 2008.

Yes, star crossed in pleasure the stream flows on by
Yes, as we’re sated in leisure, we watch it fly
And time waits for no one, and it won’t wait for me
And time waits for no one, and it won’t wait for me
Time can tear down a building or destroy a woman’s face
Hours are like diamonds, don’t let them waste
Time waits for no one, no favours has he
Time waits for no one, and he won’t wait for me
Men, they build towers to their passing yes, to their fame everlasting
Here he comes chopping and reaping, hear him laugh at their cheating
And time waits for no man, and it won’t wait for me
Yes, time waits for no one, and it won’t wait for me
Drink in your summer, gather your corn
The dreams of the night time will vanish by dawn
And time waits for no one, and it won’t wait for me
And time waits for no one, and it won’t wait for me
No no no, not for me….

   Coming out of “Rocky Mountain High,” I see that the first sentence here is a shooting star. Sated in leisure, we wast time, when hours are like diamonds. Cat Stevens: “Lets all start livin’ for the one that’s going to last.” “All your money won’t another minute buy,” (Kansas). Incidentally, what a joke to think ill of Jaggar /Richards: look what fun he makes even of cheating, the injustices humans do, upon the argument that one must. Drink in your summer, gather your corn, the dreams of the night will vanish by dawn,” “indeed we are such stuff as dreams are made on.” And fame? The very ground of fame in our generations we seek to benefit and save by our legacy, even as the Stones do for us here, will be rolled up like a scroll! Indeed, and “Leave not a rack behind.” But “hours are like diamonds.” We cannot but underestimate the value of the gift of the fact that we are here at all to begin. Hence, loss, for which some are angry at God, is just less of the gift we never appreciated, as when our love was there (Dylan, “Tomorrow…).

Consider the Language of Ex Parte Yarbrough (1885), and Apply It to the Supreme Court Itself, (Which Has Article IV.4)

   It is of course difficult to base the revote case on precedent, because, (duh) the circumstance is literally unprecedented. But the language of the Yarbrough case, in which Yarbrough and others were convicted of intimidating a citizen from voting for a member of Congress in violation of  federal legislation, might well make one think that a foreign actor cannot turn a presidential election without the Supreme Court itself having something to say about the matter. In Yarbrough, the issue is whether congress has the power to punish violations of election laws under the Constitution, but we believe that the statements to the effect that the Constitution ASSUMES elections free of “violence, corruption or fraud” amounts to a precedent that pertains to the present case, #16-1464, to void the 2016 election due to Russian interference.

   Justice Miller states:

The idea that Congress has no power to secure elections from violence, corruption, or fraud by making appropriate laws is startling. The proposition that every power of Congress must be expressly granted in the Constitution has never been adhered to by this court. The Constitution itself recognizes this inherent inability to put into words all derived powers when it gives Congress the authority to pass all laws necessary and proper to carry out its functions.

 Another objection was advanced, that the right to vote for a member of Congress is not dependent upon the Constitution, but upon the law of each state, respectively. Even if that were true, the election would still have to be free from bribery and corruption. However, the right to vote for a member of Congress does flow from the Constitution, for the Constitution adopts the qualifications of the state for electing the members of the most numerous branch of the state legislature. therefore, the right does not depend exclusively on the law of the state.

   It is essential that a government such as ours have within its constitutional framework the authority to provide against these evils, or it will soon be at the mercy of combinations of brute force.

   While there are Federal statutes prohibiting interference with the right to vote, the execution of those statutes is now in the power of those benefiting from the corruption of the 2016 election. See my Amicus Brief (at 777) and previous blogs for an account of what happens when a citizen calls the Federal office to learn what these statutes might be, and that was before the inauguration.

Note* They told me to go read Tik Nat Han. So I did!

The Pauline Epistles: Known and Suspected Forgeries.

I have added some thoughts in the comments to this nice update on what the scholars are up to of late- MM

The Ancient World

By Pat Lowinger

Within modern Christianity there remains pervasive misunderstandings regarding the date(s), authorship and transmission of various portions of the New Testament.  One of the most prolific New Testament authors was the Apostle Paul.  Of the fourteen Epistles credited to Paul, the current mainstream consensus among scholars is that no more than nine are authentic.  The remaining five, some would argue seven, are known forgeries- falsely attributed to the Apostle Paul.

Origin and Acceptance of Paul’s Letters:

St. Paul Modern Orthodox Icon depicting the Apostle Paul

Current scholarship dates the earliest of Paul’s Epistles (First Thessalonians) to around 50 CE and the latest (Romans) at some point prior to 60 CE.  This isn’t to imply that there isn’t some room for debate.  For example, some scholars would argue that First Thessalonians wasn’t authored until 52 CE, but generally it’s excepted that the authentic letters of Paul were…

View original post 978 more words

#16-1464 to Void the 2016 Russian-U.S. Election

…On our news, we have only heard about how the CIA has Vlad directly ordering cyber attacks on the elections. And they talk about our response. #16-1464 is the Revived Re-vote case, to void the 2016 election due to Ruskies meddling to elect Donney and co.

   Elections are assumed by the constitution, fundamental, and, we say, “think the Supreme Court has nothing to say about it?” They say, “no precedent,” we say it is unprecedented. The case is based on Article IV.4, plus things said in the Classic and Yarbrough cases, which are about the suppression of the black vote. Federalist 68 indicates that the electoral college was to provide a remedy should some foreign power raise some “creature of their own” to the presidency. Mark Small has written up the case, and it is granted mandamus, with a response from the Trump-Russophiles due by July 7. For my Amicus Brief- which is a letter that any citizen is allowed to submit as a friend of the court, Amicus meaning Amigos, friends (in Latin rather than Latin-American). I tried to write only things I could add, without repeating much that is in the case. The truth is that when the Trump-Russians interfere with political association, speech and free political action, violating two clauses of the First and then the Fifth amendment liberty clause-when they do this, they leave a trail, and collusion is demonstrated in the very attempt to silence free opposition. This is a whole un-mined category which coheres with the other categories of evidence to “prove” what is by now so obvious the few doubt it: Russia elected Trump for us, and we do not know their full perfidious purpose even yet, but we do not want to find out! Hence we are asking the court to provide a remedy such as a re-vote. And if some think that this will cause “civil war,” to have a new election, we see who was against elections, we see that fascism rising is what will cause civil war, and we see the fourth clause of the second sentence of the Declaration as well, which means that we are not required to give up on republican or free self-government. My draft is at mmcdonald777Wordpress, with three sevens- my secret site where I tell the truth about my other site, and its more fundamental purposes. I am hoping for criticism and feedback on the draft before I print it, and send it in.

“Thomas Jefferson lives!”

– John Adams, July 4, 1826.

Invention: An Internet of Integrity

   I am astonished that no one starts up an internet of integrity. The Niche is wide open, entrepreneurs! Imagine tech that does not spy on you and use you for their profit. Soon the people will be catching on, so it may well be a bull market. Imagine a Twitter that does not sell fake followers, a WordPress that does not block search term access to one’s site awaiting an extortion fee. Imagine a government obliged to obey the Bill of Rights they swore an oath to uphold, and just not use the camera and audio in every computer to take paternal and tyrannical powers over every citizen. Imagine a nation that cared to secure elections more than short term profits, and a 2016 election that was not hacked by the Russians to run Donney up the flagpole and watch the slavish Republicans salute! Perhaps we would have had Bernie or Hillary v. Marco Rubio or Ted Cruz. Imagine if thee wee not a Russian hacking of U.S. hospital computers, and no Russian mob induced Oxy epidemic! We may have even had Ben Carson!

   And imagine an FBI that would admit to using the spy-tech and Russian assistance against ISIS and domestic terrorism, but made a terrible mistake in forgetting what it means to have risen through the ranks of the KGB-oops! Imagine a Congress that would regulate the internet and perhaps gun lobbies to boot, and oversee the federal executive agencies like it is supposed to, pursuing questions when these arise, rather than allowing the FBI/etc. to attack the one raising the questions.

   But that is what it means to be a Platonist, to bear the pain of knowing not that the best regime is unachievable- who cares?- but that all these evils are entirely avoidable if we would just stand up with a little integrity, even on the internet.

   So what if we set up such a thing, right alongside the old internet, now we have seen the flaws in that which will surely lead to disaster? And in the meantime, remember, the key to the discontents of modern tech is manual backup. Have they deported Emmanuel Backupez already? Senior Peace?