It Did What it Was Written to Do

Guest Post by Eric Peters

A great many people – especially conservatives – reverence the Constitution, consider that it has been abused and that if only the doctrines expressed within were revived and respected, all would be well with America again.

This, of course, is a kind of children’s bedtime story – and approximates reality to about the same degree as the story of the Three Little Pigs.

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The Constitution was peddled and imposed on us by men like Alexander Hamilton, a grasper after power who very openly loathed the ideas expressed by men like Jefferson in his Declaration (and even more so in his Virginia and Kentucky Resolutions).

Hamilton and his faction – they were called Federalists, which meant then what it means today – intended to create a centralized government on the British model, but without a hereditary monarch. The Bill of Rights was just barely added, in order to sooth the (rightly, as it turned out ) suspicious, such as George Mason of Virginia.

Patrick Henry smelled a rat.

At any rate, the fact remains that the Constitution was written with great calculation by lawyers – who are trained in and well understand the meaning and potential use of words – in such as way as to assure the expansion of federal power via (among other things) the purposely open-ended Commerce Clause and deliberately nebulous phrases such as “general welfare” that can be – and have been – interpreted to mean . . . anything those who control the levers of the federal government wish it to mean.

Including – as actually happened during the Roosevelt Years – that a man farming on his own land whose produce never leaves his land let alone the state is nonetheless subject to federal regulation, because his actions “affect” Interstate Commerce.

In the same manner, Americans are forced to pay for other people’s retirement (and in their turn, forcing others to pay for theirs) and this is characterized as a “contribution.”

Regardless – the debate ought not to be over a piece of paper and what it does or does not legalize. A thing can be morally vile and entirely legal. The debate ought to be over the question of rights vs. conditional privileges. And whether the immoral can ever – rightfully – be lawful.

Does a man have an absolute right to be left in peace, so long as he himself is peaceful – or not? If not, then we do not have rights but conditional privileges, subject to modification at any time – and morality is merely a question of legality. In which case, the Israelis did Adolf Eichmann a grievous injustice when they hanged him for doing as German law required.

The Constitution is an immoral document. It explicates a litany of conditional privileges, subject to modification at any time. That this is done in an orderly manner, via “constitutionally” prescribed mechanisms, does not make the doing of it morally legitimate.

It merely legalizes it.

Theft remains theft.

Slavery, to whatever degree, remains slavery.

The Constitution articulates in flowery prose the means by which rights are to be suborned and transformed into conditional privileges; for example, the gauzy “will of the people” will be “represented” by a handful of actual people called politicians and bureaucrats and judges – whose opinions become binding on “the people.”

But this is lawyer-talk. There is no “people.” No single body, imbued with a single consciousness and – morally, the key point – unanimous in its feeling, capable of giving unanimous free consent to an action of the government. Without such unanimity and free consent you have the trampling of the will of individual people, which is contrary to their rights and which therefore can never be moral.

This idea that the otherwise immoral act – when performed freelance, by an individual – becomes not merely legal but moral when it is done via “representatives” of “the people” or via the false proxy of the ballot box is the despicable doctrine at the very core of the immoral Constitution and its intended subordination of the individual.

It is responsible for everything the authors of the thing intended – and what they intended was unlimited government. A government which may-  in principle – do anything it likes, so long as it is done via “the people’s representatives” and after a vote on the matter.

Is this not abundantly the fact? Is there any sphere of our lives which the government may not, in principle, probe? You may not even take medicine to ameliorate the ills of your own body without the government’s supervision – and punishment, if you take issue with its prescriptions. The government asserts ownership over your body.

You are not free to associate.

You are not free to say “no, thanks.”

The government can do whatever it likes, so long as a law is passed or a judge decrees.

It is not accidental.

But it can be rooted out by insistence upon the use of plain, simple language not subject to “interpretation” – i.e., the sort of clear, precise language lawyers such as those who wrote the Constitution do their best to avoid using, in order to use language against us.

Viz:

“The people” – it sounds dreamy – have no “will” – and are certainly not sovereign – because no such creature as “the people” exists in fact; the term is a rhetorical device used  by lawyers to legitimate the trampling of the rights of individual people – who do exist and have rights. These must be respected – morally as well as legally – else they are merely conditional privileges subject to modification or outright revocation at the whim of any politician, or group of them – or court – which declares it is acting on behalf of “the people.”

In fact, of course, these politicians and so on are acting on behalf of themselves. Or a clique. They cannot ever be acting on behalf of all, in which case the rights of some are  necessarily abused. And if is permissible to abuse the rights of some, then the rights of none are secure – are anything other than conditional privileges.

As intended.

Hamilton desired a “vigorous” central government, wanted to hang Americans who questioned the moral right of the federal government – of any government – to steal their property. Supported slavery – so long as it was done according to legalprocess and called by another name.

But that is mere history.

The question at hand – whether here in the United States or anywhere on this Earth – is whether the individual has rights that others are bound to respect – morally as well as legally.

Or, not.

Is your physical body is your exclusive property – to do with as you see fit? If it is, then you are a free man. If it is not, you are a slave – the degree of your slavery being morally (as well as logically) immaterial.

Theft is theft. Rebranding legalized theft as “taxes” doesn’t change the nature of the thing. A person’s property is taken from him by violence. This is theft, by whatever name.

Moral human interactions are either voluntary and consensual – the concept of free association – or they are not. When a man is forced to interact with other men in any way whatsoever, he is no longer a free man.

Do you agree  – or disagree – with the proposition that the only moral basis for interfering with any man is when he causes tangible harm to the person or property of another free man?

If you do not agree, then you believe in conditional privileges  . . . as articulated in the Constitution.

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Is every free man free to urinate in public? Is it necessary to provide this kind of freedom to avoid conditional privileges?

Anonymous
Anonymous

Ever been to Paris?

MarshRabbit
MarshRabbit

“You are not free to say “no, thanks.” lol

i forget
i forget

Just so. Not to mention ‘no authority’ a la Spooner.

Write it in, with pomp & circumstance, & lock it down. Word addicts…will rob you blind…& ‘change’ the words to not only protect the guilty, but to lionize & deify them.

RIF. Comprehension – a kind of integrity – not so much.

Anonymous
Anonymous

What a horrible country we live in.

Probably the worst in the world.

Maybe we should point this out to the millions and millions leaving their far superior countries to come here by any means they can use to get here, legal or illegal.

CCRider
CCRider

Yes, glory in your bondage. Your prison is better that a Mexican’s. What a miserable standard to brag on. Stay Anonymous house negro.

Andrea Iravani

Hamilton was a con artist that set up the first privately owned central bank.

People must consider the ends of what America would be like today had there not been a federalist movement. That would be most of America under control and ownership of England, France, and Spain.

To consider what that could have turned out to be, we can look to the Philippines, Caribbean, the African continent, Central and South America, the Middle East , or, if we lucked out, Canada and Australia.

Canada and Australia both have centralized governments. Just sayin.

It’s simply a matter of choosing your poison.

Hey Executive, Legislative, and Judicial Branches, America Called and We Want Our Rights Back!
Hey Executive, Legislative, and Judicial Branches, America Called, and We The People Want Our Rights Back!

digitalpennmedia
digitalpennmedia

No – no he wasnt… and Peters should stick to writing about cars as he is just as ill read on the federalists and anti-federalists and the argument for the Bill of Rights as he is arrogant. The Rights were ultimately included but the federalisst argued they were not needed because the contract was clearly dictating which rights the fed would have and it would have no more rights; all other rights were … not to mention all the states (states had all the power at that time) all had their own Bill of Rights so it was considered redundant. Even when the official Bill of Rights was written the 9th/10th still reiterated the points that this list was NOT all inclusive and any rights not given to the fed would be reserved to the people and the states.
Hamilton was the ultimate proponent for what would be known as the 1st Amendment and specifically that of religion having himself seen strict religious practices as a child. If you read his papers, biography or anything related to him you would know that his authorship couldnt have come from a con artist, but hey dont let ignorance stop your arrogance.

CCRider
CCRider

You don’t have to guess if the constitution was a failure. It’s a fact. Its stated aim was to limit governmental powers “in questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.”— Thomas Jefferson

Right. So now there’s a federal government larger than ancient Rome by some multiple. Does anyone doubt Jefferson would be heartbroken by this federal monstrosity if brought back to life? If you do read Rothbard before you die a fool.

Fatty
Fatty

That’s why the basterds made sure Tom was in Europe.

Sam I Am
Sam I Am

so instead of those countries, we are under Israel’s thumb.

Grog
Grog

Oh no!
“They’re back”

Boat Guy
Boat Guy

Anonymous I must agree to a point , this is the best system yet conceived and the fear of a constitutional convention scares the shit out of me . We as a Constitutional Republic Of Independent States have our issues and problems many , maybe most by meddling basturds buying or selling favor and a step or so from the crony capitalism would be a good start . Then comes the laundry list of grievances that need to be aired out in the light of day .
Certainly there are few arguments that the stocks , whipping posts and tar and feathers would be in order for many of our so called representitives for violating the public trust and treasury . For now let’s hope we can put a lid on some of the corrupt shenanigans .
Allowing any meddling with the constitution and bill of rights would be a nightmare of untold proportions .

Andrea Iravani

@ Boat Guy- I agree with you, it is a complete mess and in total shambles, but the alternative of decentralization and ending the republic is even worse.

The problem is that the constitution Bill of Rights are being completely ignored.

I would favor repealing the 11th amendment and allowing for snap elections, and ending lifetime supreme court appointments.

Anonymous
Anonymous

How does the 11th deal with elections?

In any event, ending lifetime appointments of the Supremes, an indirect language in the Constitution, originally intended to remove them from political influence, would require a Constitutional Amendment which is an unlikely development.

CCRider
CCRider

The constitution has a fatal flaw. It creates a ruling elite held to an arbitrary standard. So the best, most ambitious bullshit artists get elected and are held accountable only by other such power mongers. They win-we lose. It’s the exact opposite of the world of free enterprise where value and goods trade hands without coercion to the benefit of both. Why not use that as a societal standard? Try Hans H Hoppe’s Private Law Society.

karalan

It might be the best system yet tried, but is it really the best ever concieved? Surely at some point humanity can rise beyond a structure whereby a few have a monopoly on violence over everyone else? Or is that hopeless idealism?

MarshRabbitt
MarshRabbitt

I heard a law professor say: “I wouldn’t call our system the the best, but it’s the least bad”

MuckAbout

No, it is not a complete shambles.. Only screwed up by those intent on modifying the original intent of it.

Our almost “Constitutional Republic” , now a Democracy of questionable quality is still the most free of any political system on the face of the earth. It is not perfect – that has changed over many years of tinkering by those who more dictatorial power over its’ citizens.

The problem always lies with with people who want more power and lust after more ability to direct other people how they “should” act and behave.

Human nature will not change – at least within out limited life span. So keep a low profile, do your best and fuck ’em all..

muck

22winmag - ZH refugee who just couldn't take the avalanche of damn-near-hourly Bitcoin and doom porn stories
22winmag - ZH refugee who just couldn't take the avalanche of damn-near-hourly Bitcoin and doom porn stories

Slow news cycle.

Exhibit A.

rhs jr
rhs jr

Kill the Federal Reserve and The ZOG Beast will bleed out (of Blood Money) like a snake with it’s head cut off. We The People will then destroy what’s left of the putrid carcass like the Russians did to their Oligarch Tyrants 20 years ago.

Llpoh
Llpoh

R – oligarchs rule Russia today.

Llpoh
Llpoh

Amazing. The stupid running around here burns deeply. Do you people seriously not know who runs Russia? Do you really think it is an democracy? How do you think Putin stays in control? How do you think the Russian billionaires got rich? Hint: they did it by “buying” state assets from govt officials. And guess what happens to such oligarchs if they do not obey their master’s bidding? They suddenly find themselves jailed. The govt transferred govt assets to “private” individuals, that must do the govts bidding – or else.

How do you think Putin has remained in power? He has run around all the rules that were meant to have prevented that. There were term limits in place to prevent that from happening. He has put puppets in place, that then keep him in power.

karalan

I don’t know that to be true, but I’m willing to be convinced. Show us some evidence.

GilbertS
GilbertS

Huh, I’m conflicted.

Either Eric Peters has the driest sense of humor in the world, or he sounds exactly like the SJWs I would assume he wouldn’t pee on if they were totally engulfed in flaming fiery doom. I’m assuming he’s being humorous, otherwise he sounds like another cultural marxist attacking the foundational document of this country because, ohmigoshthefoundershadslavesdidyouknow?!?!

Yeah, so the Constipation isn’t perfect. So what? The people who made this country and founded its government were people. Hell, if you want to get real about it, they were a tiny minority group of radical terrorists who waged a guerrilla war against their rightful monarch and forced their nation, on pain of beating, tarring and feathering, arson, and murder, to join them in their rebellion. So what? I have a hard time taking seriously people’s attacks on the Constipation and the Founders because they weren’t perfect people and their lives weren’t as perfect as ours.

The US is far from perfect and its government is downright evil in many respects, but there aren’t many other governments that are better. Seeing as its made by people, I assume it will be at least as flawed as people. Still, and this tiny point is the only one that is really important-at least you can try to make it better. At least we offer you a means to redress grievances.

If we were as bad as many people, snowflakes included, seem to think, why did we stop having slaves? Why did we stop wholesale pollution of the environment? Why didn’t we just kill all the spotted owls and whatever else when we had the chance? Why do we have national parks and preserves? Why do we let blacks live in the USA? Why did we let a black run the USA? Why is abortion legal? Why do we allow homos to adopt? Why aren’t little kids still working in mines and sewing factories? Why aren’t we all working 18 hour days? Why do any Indians survive in the US today? Why haven’t we wiped them out and kept all the land? Why did we bother letting women vote or get educations or jobs? Why did we let blacks vote? Why are Catholics allowed in the US? Or Irish and Italians? Why did Vietnam end? Why did Reconstruction end? Why did we turn over the Panama Canal? Why do they punish drunk drivers so heavily? Why was alcohol banned? And why was it legalized again? Why was weed starting to be allowed up to this week?

You don’t have to like or agree with all these issues, but a lot of people have pushed the country and its leaders over the years to change the country to suit their ideas of what is good. How many other nations allow that? Did the USSR allow people to protest? Millions of their people starved to death for being Ukrainian. How about King George’s England? When the colonists, who considered themselves loyal subjects, attempted to seek relief from what they considered unfair taxation, they were shit on. How did those same Brits treat Ghandi’s movement in India? How did the French treat the Viet Minh when they demanded freedom after liberating their own country? How does Saudi treat uppity women who don’t wear a tablecloth over their heads? Ever hear about the girls school that burned down and they made the girls who weren’t covered burn with it? How did Winnie Mandela treat people she disagreed with? Look up the South African Football Team and Necklacing. How about Pinochet? 30K people who might not agree with him vanished under him.

I am not the first one to speak up about how great we are. USA-USA-USA! I’m disgusted by much of the reality of my country, but I revere the ideals of the country and its founding document and founding leaders. They weren’t perfect and this country isn’t perfect, but it tries a lot more than any other nation to do better. It fails a lot and I hate a lot of things about it, but at least we try. Even with all the evidence that our votes don’t matter and we haven’t got a snowball’s chance in hell of succeeding, we still try.

As a caveat-I think we’re about worn out and about the only way things will get any better is when the country finally craters into total collapse or some violent revolution breaks out, but for most of our history these things stood true and once the nation does go, we’ll be remembered like Rome is today.

Oh, and while I agree with Peters some about Adams and Hamilton and the Federalists being douchers, you can’t hold Jefferson and the anti-Federalists as being 100% right, either. Jefferson took his anti-government ideals to such an extreme, he believed, for instance, in building a navy entirely made up of 1-cannon gunboats which could theoretically swarm attack a Ship-Of-The-Line from an invasion fleet and sink it with lots of pinprick attacks. Such a fleet, he theorized, would never be capable of oppressing the US and could be kept drydocked permanently under massive sheds on the Potomac. Thankfully, clearer minds prevailed and we constructed a few Frigates which saved the day in the Quasi-War of 1805, the Barbary Wars, and the War of 1812.

Mr. Peters, if you weren’t joking at the outset, please tell me which nation you will be moving to in order to practice a purer form of freedom? If you find a good one, let me know. Personally, I think Andorra has the best %s, based on the CIA Factbook, but I don’t know if accept me. Hopefully, your newer, better nation will be everything you hope it can be and it will be one which isn’t quite so aggravating for you on the automobile front.

Anonymous
Anonymous

Gil

Always look forward to your sensible, down-to-earth responses.

Stucky

“Yeah, so the Constipation isn’t perfect.”
—– GilbertS

“I have a hard time taking seriously people’s attacks on the Constipation ”
—— GilbertS

So, you’re saying people shouldn’t be concerned about their constipation? They should remain full of shit?

Well, that’s just bullshit.

CCRider
CCRider

People like Gil baffle me. Just what about TBP excites and inspire people like him? To me this site is about knocking down walls. Straining at the leash of those who lord over us. It’s the ‘fuck you ruler’ attitude of this site that keeps me coming back for more.

How does that fit with: “The US is far from perfect and its government is downright evil in many respects, but there aren’t many other governments that are better.”
Christ.

GilbertS
GilbertS

CC- I can understand your being baffled, because I think you misunderstand my point. My rejection of his point is its similarity to the Cultural Marxists who attack the Constipation, the Founders, and the Country for being imperfect. I don’t say “Accept the imperfections and never change them.” We have the Bill of Frights for that purpose. And we’ve exercised it. The slavery he decries the government for permitting in his attack was also ended by that government operating on behalf of the people.

GilbertS
GilbertS

No, I think his assault on it sounded like the cultural marxists’ resentful bullshit. Could have sworn one of the principles they use in their assault on civ is the fact it isn’t perfect.

Go ahead, Stucky, leave out half the line you quoted. I’ll cut and past it in for you, “… and the Founders because they weren’t perfect people and their lives weren’t as perfect as ours.”
Again, attacking people from 200+ years ago because they didn’t meet your present-day values is silly. Again, it’s the tactic of the folks trying to tear apart our country to endlessly critique and rip apart our past because it isn’t as cool as our present. So let’s join Antifa in tearing down the Founders’ statues.

Where did I say we shouldn’t change the Constitution and our government? Where? I thought I made the point abundantly clear in Para4 we can and we have changed it. We’ve amended it many times. We even amended it once, then amended it back, when we realized our mistake. That’s kind of profound, if you think about it. System is imperfect, but we have changed it over the years.

Susan Harrison
Susan Harrison

For this article to completely ignore that the Constitution was written to protect the minority of wealthy landowners and that we are not a democracy in any way because the “will of the people” was the thing they most feared makes it meaningless. It is no less skewed than the Constitution itself is.

But I do agree with the headline, it certainly has done what it was intended to do.

Mark
Mark

Can we all agree that the K.I.S.S. principle would be our best course of action:

1. Audit and then as rhs jr said: “Kill the Federal Reserve.” (The Audit will do it)

2. Shove “Term Limits” down both houses throats!

Then, 3, 4, 5, 6, 7, etc. will take care of themselves once the unlimited funding and the unlimited power are stripped away from our ruling class, who masquerades as our democratically elected representatives.

Boat Guy
Boat Guy

Mark , that’s a good start on my laundry list of grievances
I mentioned earlier . Remember we are looking at a system of government that has been twisted and mangled for a century or more allowing legislation and favor to be purchased in a manor that could only be described as extortion and bribery . Both illegal for us dirt merchants but not the elitist few . Congress exempt from insider trading . When our congressman and senators are bought they stay bought . Wow what a deal !

Mad as hell
Mad as hell

Exactly. I love when I see a glimmer of people that get “it”. The problems is that WE THE PEOPLE have sold ourselves down the river. Term limits and Audit the Fed are a great start, but awareness happens at your door.
Eric says “Theft is theft. Rebranding legalized theft as “taxes” doesn’t change the nature of the thing. A person’s property is taken from him by violence. This is theft, by whatever name.” – Which is true, however the theft is currently totally avoidable. What happens when you earn a lot of money – you pay a lot of taxes. Everyone nashes their teeth about the percentage, and bitches because this guy pays more than that guy, and this guy gets to “write off” more than this guy. OK, that is like comparing the difference between being mugged in NYC vs. being mugged in Chicago. The better question is: How do I stop being mugged? Answer is, and telling from the article on migration patterns, a lot are getting it.
1. – Get the fuck out of debt. Then you don’t HAVE to work at all if you don’t want to. No law or IRS telling you that you MUST work. And if you need to to work for daily expenses, then ONLY work as much as needed for those. The new tax law gives you a lot of leeway in earning a little, and paying NO taxes (other than payroll of course), IF you are not paying some blood sucking banker his nut every month.
2 – Move out of a high tax (theft) state. Period. One recent benefit (at least is some places currently) is that the blue states have had higher relative property values than the red states. So, sell the home to some Marixst loving liberal, make money, and move. Buy something cheaper in a low (or no) tax state. Fuck the drones and their pensions. Let them live high on someone else’s ignorance. There, fixed a large portion of that forced theft problem, with an added benefit of less funding for the politicians causing this.
3. Use the extra time you now have to get healthier. A gym membership in some parts of the low cost areas is around 15.00 / month. vs. Obummer care premiums of 500.00 / mon, going up at 30% a year. Eat better food. Avoid the crap sold to you by the large food companies. Read ingredients, if you don’t know what it is, or what it will do to you – don’t eat it. Another way to hurt the politicians – Monsanto, ADM etc. pay a LOT to these political asshats. So do the American cancer society, Diabetes society, and of course the AMA and pharma. No money, no bribe.
4. Get rid of that cable subscription. It is 300+ channels of CRAP. Period. Have more choice, and enjoy the hell out of watching what you choose. The future is cord cutting, and it is getting more momentum every day. The Comcast’s and Cox’s of the world are dying a death of a thousand cuts, and in their death throws, they will have less to bribe with to maintain their monopoly. Real “net neutrality” – competition.
5. Stop buying new cars through dealers (see above on debt slavery). It is a complete scam from the moment you walk in, to the moment you drive away. Who gets rich, the dealer, the state (in inflated fees) and the manufacturers. Buy used, get the warranty. Learn something about a car. In many of the low cost states, buying private party carries NO SALES TAX. Think about that. On a $20,000 used car, 8% sales tax is $1600.00. That $1600.00 would pay for any repairs (and most likely then some) on a private party car still with the factory warranty. Sales tax does NOT benefit your “community” whatever the hell that means. It benefits revenue collectors in blue, drones and various organs of local government. If it somehow benefits any small business or individual in the community, it is either by accident, or some token amount just to keep the illusion up that they actually do something. I assure you, their pensions are their primary concern.

After you change your mindset, and get the fuck OUT OF THE MATRIX, it is amazing how things seems to gain better perspective, and you feel like you are indeed living in two Americas. Its just not the two Americas the MSM talks about, it is the Americas that have waken up to reality, and the rest that still think that a “career” and status / lifestyle make you happy.

Mark
Mark

Boat Guy,

We have to take back our money – our wealth and end the manipulation and the control over U.S. and limit their power. (I know I’m I’m being redundant – but that’s the foundation to get the Republic back from the elites and the ruling class we let boondoggle U.S.).

No matter what reforms are made…it will just be temporary until the next pendulum swing.

Everything else beside those two fights are side battles in the long run in the war for our children and grandchildren’s freedom and liberty.

Hollow Man

If you look at the amount of employees the money spent. The amount of laws and regulations. I find it hard to fantasize we have a small government. Our government is huge. Intrusive. And only follows its own laws when it feels like it. But you and I must follow the laws so numerous we cannot know when we break one. Free my ass.

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