The Constitution --- Plain and Simple
Curtis W. Caine, MD
Every issue of the Medical Sentinel [Ed. note: the
Official, peer-reviewed, bimonthly journal of the
Association of American Physicians and
Surgeons (AAPS)] has contained an article on The
Constitution --- Plain and Simple. Volume 1, Number 1 was headed freshman
"U.S. Constitution 101." Each column was planned as extant to stand on
its own, and as progressive background. Each has gone into considerable depth to
authenticate the assertions made of the infraction, violation, evasion, neglect,
contempt, disregard, obstruction, sabotage, thwarting, misinterpretation,
ignoring, misquoting, and subversion of the founding documents of our Republic
--- The Declaration of Independence (The Charter) and the Constitution (The By
Laws). Time having validated the reliability of the previous 16 columns, it now
seems appropriate to consolidate a potpourri in this 17th essay (which I have
designated as having hopefully advanced to the sophomore rank of The
Constitution 201, I trust) referring back to those previous commentaries to draw
some inferences:
1. The "the" in front of United States of America begins with a small
"t," is plural, and is not part of the name of our country. Ergo,
"the U.S.A." translates into "these American States that are in a
Union."(1)
2. This is a Republic, not a democracy.(2) In a Republic, fixed law overrules
the majority; producing order and stability. In a democracy, the vacillating
majority (even a poll) overrules law; producing chaos and tyranny. Yet, on every
hand we are incorrectly told this is a democracy. Aptly, but ironically, the
nine Judges sit in the Supreme Court building on the wall of which is inscribed
--- "This a government of law, not of men." On this perverse mockery
rests much of the blame for the lawless, degraded shambles America is in.
3. In the Declaration of Independence the Colonists "declared" 27
"causes" for their "separation" from the British Crown.(3)
4. The Constitution was intentionally constructed to prevent any one of those 27
reasons from ever happening again in America. Yet, by devious means, we are now
oppressed by most of them.(4)
5. The scholarly Founders knew history exceedingly well. They comprehended the
ages old, repetitive, lustful penchant for power over and control of the
citizenry by unprincipled and unbridled men in government. They agreed with
Thomas Jefferson who said "Let no more be said of confidence in man, but
bind him down from mischief by the chains of the Constitution." Therefore
they constructed the Constitution to be the fixed, overriding "supreme Law
of the Land."(5)
6. In it, the Fed's only authority is 1) delegated to it by its boss, the
States, and 2) enumerated in Article I, Section 8.(6)
7. These authorized and delegated and enumerated functions and activities of the
Fed are further locked-in and chained-in as per the 9th and 10th Amendments ---
ordered and required to be done. Any and all others are locked-out and
chained-out --- denied and forbidden to be done. Yet today, 80 percent of the
activities of the Fed violate the Constitution.(7)
8. No treaty may/can (is authorized to) supersede, violate, or abrogate the
Constitution. Yet today, most of them do. Ergo, treaties ("made, or which
shall be made") that violate the U.S. Constitution by subjugating the
United States to an outside power ARE PROHIBITED, of no effect, and thus, null
and void.(8)
Thomas Jefferson was clear on this point: "If the treaty power is
unlimited, then we don't have a Constitution. Surely the President and the
Senate cannot do by treaty what the whole government is interdicted from doing
in any way." Alexander Hamilton agreed: "A treaty cannot be made which
alters the Constitution of the country or which infringes any express exceptions
to the power of the Constitution of the United States."(8)
9. The organizational table pecking order of priority is set by lineage ---
i.e., the people formed/created (begat) the States, the States formed/created
(begat) the Union. Ergo; the people are the boss of the States, and the States
are the boss of the Fed.(9)
10. Of the three branches of the Federal government, only Congress can/may (is
authorized to) legislate. But the courts (the Judiciary, via judicial
"opinions"), the Executive (via "orders"), and his bureaus
(via rules, regulations, and administrative law) do many times each day.(10)
11. The Congress is over the Supreme Court.(11) Yet, we have neglected to heed
Thomas Jefferson. He admonished that destruction of our constitutional checks
and balances would be found in the judicial branch of government, "The germ
of dissolution of our federal government may be found in the Judiciary which may
become an irresponsible body...working like gravity by night and by day, gaining
a little today and a little tomorrow, and advancing its noiseless step like a
thief, over the field of jurisdiction, until all shall be usurped from the
states, and the government of all be consolidated into one."(12)
12. The Constitution does not say the Congress is "to provide for the
general welfare," as we are told. It says Congress is "to provide for
the general Welfare --- of the United States" --- the(se) States of
this Union; a very different directive from that given us as the reason the Fed
can institute and fund "welfare programs." All so-called
"welfare" activities of the Fed that are specific
"assistance" to individual people or favored political groups are
illicit because they are not in pursuit of the general welfare of the States.
They violate the "general welfare" clause of the Constitution, the
very clause misquoted as the green light for having the programs in the first
place. This is a forbidden usurpation --- a perversion of the Constitution.(13)
13. The Constitution does not say the Fed is "to provide for the common
defense" of the world (Germany, Japan, Bosnia, Kosovo, the Persian Gulf,
etc.), as at present. It says "The Congress shall have Power To --- provide
for the common Defense --- of the United States" --- the(se)
States of this Union; a very different directive from what is taking place
today. Thus, all U.S. government involvement in so-called
"peacekeeping" around the world is illicit because it violates the
U.S. Constitution --- a forbidden usurpation. Since when does aggression with
bombs and missiles (and probably ground troops) remotely constitute common
defense and peace?
If individual Americans are concerned about Kosovo, they are free to get
involved as individuals, as volunteers, at their own expense and risk;
but the government of the United States has no authority to originate such and
do it with U.S. money, with U.S. personnel, with U.S. ordnance, with U.S.
military men who are ordered involuntarily to do so. On top of that, to
add insult to injury, the federal government also has no Constitutional
authority to get involved in such offence through NATO and the UN.
It's worth repeating: It is forbidden for a "treaty" to violate the
Constitution. Frankly, the president who negotiates a treaty that overrides the
Constitution has violated his oath to "protect and defend the Constitution
of the United States." And each Senator who concurs violates his oath
"to support this Constitution." Such action by each is an
impeachable federal offense, open and shut case. Bona fide treaties
overrule State Constitutions, but may not overturn the U.S.
Constitution.(14)
Was Thomas Jefferson being an alarmist when he admonished us that
"single acts of tyranny may be ascribed to the accidental opinions of the
day, but a series of oppressions begun at a distinguished period, unalterable
through every change of ministers too plainly proves a deliberate, systematical
plan of reducing us to slavery?"
In Part II of this essay, we will add to our list of
inferences that will be helping us reach a conclusion of whether our present
travails as a nation are due to mere chance occurrences as we are led by mere
mortals who are only trying to do their best, or whether we are victims of a
sinister conspiracy of men in government usurping power for themselves and bent
on reducing us to slavery.
1. Medical Sentinel, Vol 2, No 3, p. 108.
2. Medical Sentinel, Vol 3, No 5, p. 188 and Vol 4, No 2, p. 63.
3. Medical Sentinel, Vol 1, No 2, p. 25.
4. Medical Sentinel, Vol 1, No 2, p. 25.
5. US Constitution, Art VI, Paragraph 2.
6. US Constitution.
7. Medical Sentinel, Vol 3, No 3, p. 103.
8. Medical Sentinel, Vol 2, No 2, pp. 70-71.
9. Medical Sentinel, Vol 3, No 1, p. 30 and No 2, p. 63.
10. US Constitution, Art I, Sec 1.
11. US Constitution, Art III, Sec 2, Paragraph 2b.
12. Letter to Mr. Hammond. The Writings of Thomas Jefferson, 1821.
13. Medical Sentinel, Vol 2, No 4, p. 144.
14. Medical Sentinel, Vol 2, No 2, p. 70.
Dr. Caine is an anesthesiologist in Jackson, Mississippi, and a member of the
editorial board of the Medical Sentinel.
The editor also researched the views of the Founding Fathers contributing to
this article.
Originally published in the Medical Sentinel 1999;4(4):145, 147. Copyright©1999
Association of American Physicians and Surgeons (AAPS)
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