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U.S. Constitution:

Annotation of the Decimation

 

By:  David R. Deschesne

This thesis may be copied and distributed for non-profit, non-commercial use provided proper attribution to author is retained.

 

The U.S. Constitution has effectively been "scrapped" by those who have sworn to uphold it.  The following is my private study of that document with highlighted clauses and accompanying footnotes (at the end of the writing) that illustrate those portions which the U.S. government no longer upholds.  

 

Hang on, it's going to be a bumpy ride...

 

Article I

 

Section 1.

 

Clause 1.  All1 legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

 

Section 2.

 

Clause 1.  The House of Representatives shall be composed of Members chosen every second Year by the People of the Several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

 

Clause 2.  No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

 

Clause 3.  Representatives and direct Taxes2 shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.  The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.  The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three.

 

Clause 4.  When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

 

Clause 5.  The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

 

Section 3.

 

Clause 1.  The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof,3 for six Years; and each Senator shall have one Vote.

 

Clause 2.  Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes.  The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State; the Executive thereof may make temporary appointments until the next Meeting of the Legislature, which shall then fill such vacancies.3

 

Clause 3.  No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

 

Clause 4.  The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided.

 

Clause 5.  The Senate shall chuse their other Officers, and also a President, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

 

Clause 6.  The Senate shall have the sole Power to try all Impeachments4.  When sitting for that Purposes, they shall be on Oath or Affirmation.  When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

 

Clause 7.  Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust of Profit under the United States:  but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law5.

 

 

Section 4.

 

Clause 1.  The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof:  but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

Clause 2.  The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

 

Section 5.

 

Clause 1.  Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day and may be authorized to compel the Attendance of absent Members, in such Manner, and under Penalties as each House may provide.

 

Clause 2.  Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and with the Concurrence of two thirds, expel a Member.

 

Clause 3.  Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those present, be entered on the Journal.

 

Clause 4.  Neither House, during the Session of Congress, shall, without the Consent of the other adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

 

Section 6.

 

Clause 1.  The Senators and Representatives shall receive a Compensation for their Services to be ascertained by Law, and paid out of the Treasury of the United States.  They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from  the same; and for any Speech or Debate in either House, they shall not be questioned in any other place.

 

Clause 2.  No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuation in office.

 

Section 7.

 

Clause 1.  All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

 

Clause 2.  Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States:  If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.  If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.  But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.  If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

 

Clause 3.  Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

 

Section 8.

 

Clause 1.  The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties and Excises shall be uniform throughout the United States;

 

Clause 2.  To borrow Money on the credit of the United States.

 

Clause 3.  To regulate Commerce with foreign Nations6 and among the several states, and with the Indian Tribes;

 

Clause 4.  To establish an uniform Rule of Naturalization7, and uniform Laws on the subject of Bankruptcies throughout the United States;

 

Clause 5.  To coin Money, regulate the Value thereof, and of foreign Coin8, and fix the Standards of Weights and Measures9.

 

Clause 6.  To provide for the Punishment10 of counterfeiting the Securities and current coin of the United States;

 

Clause 7.  To establish Post Offices and post Roads;

 

Clause 8.  To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

 

Clause 9.  To constitute Tribunals inferior to the supreme Court.

 

 

Clause 10.  To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

 

Clause 11.  To declare War11, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

 

Clause 12.  To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

 

Clause 13.  To provide and maintain a Navy;

 

Clause 14.  To make Rules of the government and Regulation of the land and naval forces;

 

Clause 15.  To provide for calling forth the Militia to execute the Laws of the Union12, suppress insurrections and repel Invasions13;

 

Clause 16.   To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress12;

 

Clause 17.  To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings14 And;

 

Clause 18.  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

 

Section 9.

 

Clause 1.  The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

 

Clause 2.  The Privilege of the Writ of habeus corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the Public Safety may require it15.

 

Clause 3.  No Bill of Attainder or ex post facto Law16 shall be passed.

 

Clause 4.  No Capitation, or other direct, Tax shall be laid, unless in the Proportion to the Census of Enumeration herein before directed to be taken17.

 

Clause 5.  No Tax or Duty shall be laid on Articles exported from any State.

 

Clause 6.  No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another:  nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.

 

Clause 7.  No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and expenditures of all public Money shall be published from time to time.

 

Clause 8.  No Title of Nobility shall be granted by the United States: and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolumnet, Office, or Title, of any kind whatever, from any King, Prince, or foreign State18.

 

Section 10.

 

Clause 1.  No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts19, pass any Bill of Attainder, ex post facto law16, or Law impairing the Obligation of Contracts20, or grant any Title of Nobility.

 

Clause 2.  No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it [apos]s inspection laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Law shall be subject to Revision and Control of the Congress.

 

Clause 3.  No State shall, without the Consent of Congress, lay an duty of Tonnage, keep Troops, or Ships of War in time of Peace21, enter into any Agreement of Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

 

Article II

 

Section 1.

 

Clause 1.  The executive Power shall be vested in a President of the United States of America.  He shall hold his Office during a Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

 

Clause 2.  Each State shall appoint, in such Manner as the Legislature thereof may direct22, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the congress:  but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

 

Clause 3.  The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.  And they shall make a List of all the Persons voted for, and of the Number of votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.  The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.  The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President.  But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for the Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.  In every Case, after the Choice of the President, the Person having the greatest Number of Votes of Electors shall be the Vice President.  But if there should remain two or more who have equal Votes, the Senate shall chuse from them by ballot the Vice President.

 

Clause 4.  The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes;  which Day shall be the same throughout the United States.

 

Clause 5.  No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

 

Clause 6.  In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may be Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

 

Clause 7.  The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished23 during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

 

Clause 8.  Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: - I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”24.

 

Section 2.

 

Clause 1.  The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States25; he may require the Opinion, in writing, or the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

 

Clause 2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur57; and he shall nominate, and by and with the Advice and Consent of the Senate shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law:  but the Congress may be Law vest the Appointment of such inferior Officers, as they think Proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

 

Clause 3.  The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

Section 3.

 

Clause 1.  He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration, such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions26, convene both House, or either of the, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Lws be faithfully executed, and shall Commission all the Officers of the United States.

 

Section 4.

 

Clause 1.  The President27, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of Treason, Bribery, or other high Crimes and Misdemeanors.

 

Article III

 

Section 1.

 

Clause 1.  The judicial power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.  The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall at stated times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office23.

 

Clause 2.  In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.  In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

 

Clause 3.  The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury28; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

 

Section 3.

 

Clause 1.  New States may be admitted by the Congress into this union; but no new State shall be formed or erected within the Jurisdiction of any other State29; nor any State be formed by the Junction of two or more States30, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

 

Clause 2.  The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.31

 

Section 4.

 

Clause 1.  The United States shall guarantee to every State in this union a Republican Form of Government32, and shall protect each of them against Invasion33; and on Application of the Legislature, or of the Executive (when the legislature cannot be convened) against domestic Violence.34

 

Article V

 

Clause 1.  The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States35, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no amendment which may be made prior to the Year One thousand eight hundred and eight shall in any manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Sufferage in the Senate.36

 

 

Article VI

 

Clause 1.  All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

 

Clause 2.  This constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.  Any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.37

 

Clause 3.  The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution38, but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States39.

 

Article VII

 

Clause 1.  The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.

 

Clause 2.  The Word, “the.” being interlined between the seventh and eighth Lines of the first Page, The Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, the Words “is tried” being interlined between the thirty second and thirty third Lines of the first Page and the Word “the” being interlined between the forty third and forty fourth Lines of the second Page.  Attest William Jackson, Secretary.

 

Clause 3.  Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eight seven and of the Independence of the United States of America the Twelfth.  In witness whereof We have hereunto subscribed our Names.

 

The Bill of Rights

FIRST AMENDMENT

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof40; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble41 and to petition the Government for the redress of grievances.42

 

SECOND AMENDMENT

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.43

 

THIRD AMENDMENT

No Soldier shall in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

 

FOURTH AMENDMENT

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,44 and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.45

 

 

FIFTH AMENDMENT

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.46

 

SIXTH AMENDMENT

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury47 of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor48, and to have the Assistance of counsel for his defense.49

 

SEVENTH AMENDMENT

In all suits at common law50, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall otherwise be re-examined in any Court of the United States, than according to the rules of common law51.

 

EIGHTH AMENDMENT

Excessive bail shall not be required, nor excessive fines imposed52, nor cruel and unusual punishment inflicted.53

 

NINTH AMENDMENT

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.54

 

TENTH AMENDMENT

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively,55  or to the people.56

 

Notes

 

1Over the past 50 years executive orders issued by the president have increased in use to allow the president to pass a “law” that otherwise would not have made it through congress.  Also, the Emergency Banking Act of 1933 allows the President to declare a national emergency and completely bypass the power of Congress.

 

2Income tax is not apportioned (divided evenly) among the states, it is divided disproportionately based upon income.

 

3The seventeenth amendment (which may or may not have been properly ratified by the states) took away from the state legislatures the right to send representatives to the Senate and gave it to the people.  This abolished our originally established bi-cameral, Republican form of government and turned us into a complete democracy.  We started with Representatives of the people on one side (National form of government,) and Representatives of the State legislatures (Senators) on the other (Federal form of government.)  Now both sides of Congress are elected by, and beholden to, the “will of the people” and the Federal form of government has been destroyed - being replaced with a National one. Also, depriving a state its suffrage without its consent specifically prohibited by Article V:  "...no State without its consent, shall be deprived of its equal suffrage in the Senate."  Two States specifically rejected the proposal for the 17th Amendment and eight other States failed to do anything about it either way, thus "withholding their consent".  It only takes one to make the 17th invalid. 

 

4 Because Senators are beholden to the people, this, in effect, causes the various high profile cases to be tried, via the news media and its polls, by the people, instead of the Senate with Senators acting merely as “rubber stamps” for the people.

 

5Due to the great pressure brought to bear by the (“majority” of the) American people during the Clinton impeachment, the precedent has now been established that a President, or other public official, not only will not be removed from office upon impeachment, regardless of the offences, but will escape any and all legal ramifications of his actions after his term, as well.  Not one U.S. Senator looked at the evidence in the Clinton impeachment because the “will of the people” convinced them otherwise.  This is one of the problems with having Senators elected by the citizenry instead of appointed by the State legislatures. 

 

6Congress has, in most cases, relinquished this authority - giving it to the President and the World Trade Organization (WTO.)

 

7While rules are established regarding illegal immigration to the United States, our borders  are “wide open” to any who wish enter illegally and obtain Social Security, Welfare, Medicare, Driver’s Licenses, etc. without being naturalized - making this portion of Clause 4 moot.

 

8Congress gave up this authority in December of 1913 with the passage of the Federal Reserve Act.  The Federal Reserve is not owned by the Federal government - it is a private corporation owned by foreign and domestic banks.  This private corporation, operating under the veil of  “official” government authority now has this power.

 

9Under their noses, and without knowing how to stop it, the Metric system has been allowed to co-mingle with our original British unit of measurement to the point that we now have two systems of measurement co-existing in this country resulting in the non-standardization of weights and measures.

 

10Striking the word ‘punishment’ makes this clause more factual since all banks in the United States today create counterfeit money from nothing, the same way a counterfeiter does, with nothing to back it. and tricking the population into believing it has real tangible value - when, in reality, it doesn’t.  The Congress now allows ‘legal’ counterfeiting as long as the banks belong to the private banking cartel - the Federal Reserve.

 

11Congress no longer exercises this power.  The President now exercises authority to send troops to war without Congressional approval.  Congress merely votes, ex post facto (after the fact,) to support the President’s moves and to fund the operations.  They always do - for fear of being labeled “unpatriotic.”

 

12While Congress does authorize the existence of private volunteer citizen soldiers, known as the militia (US Code, Title 10, §311,) it does not utilize their services anymore.  The militia has been replaced with a federalized version under temporary State control known as the National Guard.  The National Guard is not the militia it is simply a federal branch of the military service to which it is connected (i.e. Army, Air Force, Navy.)  Today the unorganized Militia exists in every state and is comprised by all men between the ages of 18 and 45 years of age.  The Militia is a volunteer force which operates under the authority of the County Sheriff, at his discretion.   The volunteer Militia was reformed in the early 1900s in order to take control away from the people and centralize it with the Federal Government.

 

13Congress does not exercise this authority anymore, because every year our country is invaded by thousands of illegal immigrants with no effort whatsoever put into stopping them. 

 

14Congress now allows the executive branch, with powers never granted to it, to utilize its own agencies (FBI, OSHA, FAA, FCC, IRS, etc.) as law enforcement arms in all counties of all states, though this constitution never has allowed it.  Good county sheriffs are stopping this in a few select locations, however.

 

15President Lincoln first abolished this clause when he arrested and detained anyone who spoke out against his war.  They received no trial and no conviction but were in jail for, in some cases, several years.  Today, “terrorist” suspects are detained indefinitely without a trial or conviction under the authority of ‘homeland security.’  A corrupt leadership may, potentially, use this to silence its critics - regardless of them not being a direct threat to society.

 

16An ex post facto law is a law that is passed ‘after the fact’ and making it retroactive to a time in the past when the act it is against was not illegal.  For example, the Federal government has passed laws which makes ownership of certain firearms a criminal offense even though the firearm was legal to purchase prior to passage of the law - that is an ex post facto law.

 

17With the enforcement of the non-existent law to pay a heavy and progressive Income Tax, this clause is destroyed, because the income tax is not apportioned (divided evenly) among all the people.

 

18The following public officials have received the title of nobility “knight” from Queen Elizabeth:  General Wesley Clark, General Colin Powell, General Norman Schwartzkoptf, President George Bush Sr., Henry Kissenger, Casper Weinberger.  With lawyers who have the suffix ‘esquire’ at the end of their name enter into public office, it is a direct violation of this section.  Esquire is a title of nobility issued by a King, namely the King or Queen of England, or the appropriate representative and loosely translates “a knight in training.”  Titles of nobility were frowned upon by our founders for obvious reasons.  Most Congressmen today are Esquires/lawyers and write laws which are contradictory to the fundamental principles of freedom this Union was founded upon.

 

19With the passage of House Joint Resolution 192, June 5, 1933, and subsequent amendments to the Federal Reserve act taking our currency off of the gold and silver standard, this section has been completely eliminated.

 

20State Income taxes violate this section because they impair the contractual price between two people in respect to the trade for products and labor for money.  The person receiving a weekly pay check receives less than the originally contracted hourly rate due to withholding taxes.  One who trades his products for money must surrender a portion of the originally contracted price.

 

21Today all States have a form of military troops in their State Police or Highway Patrol.  In addition to local and municipal police officers, these troops use military rank designation and posses military-style weapons.  SWAT  and Drug interdiction teams use militarized tactics in the enforcement of all State laws.  These police systems are under direct control of the State government, as opposed to the Sheriff, who is to be a freely elected representative of the people.

 

22No voter actually votes for President, he or she votes for the electors who will vote for President.  The State Legislatures were allowed to set up the choosing of electors any way they wanted and this is how they chose.  However, since the votes are now counted by a private, secret corporation known as Voter News Service, which is owned by all major media outlets, and is not open to public scrutiny, all votes for electors are now subject to contamination by this single vote counting organization which is not open to the general public.  VNS was formed shortly after John F. Kennedy’s death and has been secretly tabulating our national electoral votes ever since.

 

23Since we now use artificially created money in the form of bank notes (Federal Reserve notes) it continually looses its value as more of it is produced.  Since the pay in dollars that the President, or a Judge, receives remains constant throughout his term, the purchasing power of those dollars is reduced via inflation. He is thus unable to purchase a similar product at the end of his term with the same amount of money it took to obtain it at the beginning.  His pay, in effect, has been ‘diminished.’

 

24As is illustrated by this thesis, Since about 1933, the Presidents (of either party) spoke these words at their inaugurations but rarely ever lived up to the meaning and intent.  If they had, there would be a lot less sections crossed out than there currently are.

 

25Today, the President is considered “Commander in Chief” for the entire duration of his stay in office.  When our country was first founded, he was only Commander in Chief of the military when they were called into action to defend our land.

 

26Today, the President calls the House and Senate into session every year for the “State of the Union” address...hardly and extraordinary occasion.

 

27President Clinton was impeached in the House, but the Senate refused to examine any of the mountains evidence of his wrongdoings because of a roaring economy and an ignorant, apathetic, lazy citizenry dictating the duties of said Senators.  Because of a Senator’s reliance on a popular vote for his/her continuation in office, this section has little significance in our Constitution anymore.

 

28Some judges are choosing to not use juries in criminal trials anymore and are getting away with it.  One notable trial was in Texas where a federal district court judge chose initially not to use a jury at all with the trial against the government burning a church in Waco.  After much public outcry the judge relented and allowed a jury to be seated, but only as an “advisory” jury.  He retained the power to use their verdict or reject it, as it benefited his employer - the federal government. 

 

29Shortly after the Reconstruction period (1863-1867) the U.S. Government was dissolved and reconstituted as a corporation February 21, 1871 (see Forty First Congress, Session III, Chapter 62, 1871).  States were adopted as part of this federal corporation which was, and still is, administered by the District of Columbia (formerly the city Washington, which no longer exists as a charted city).  A federal corporation-state today is identified with its abbreviation, rather than all spelled out, (e.g.  ME, NY, CA instead of Maine NewYork, California.

 

30With the creation of the 10 Federal Emergency zones in 1969, complete with a Presidentially appointed governor and a defacto capital, all 50 states have been reorganized into 10 federally controlled regions with the President ‘Commander in Chief’ of all law enforcement activities via the Federal Emergency Management Agency (FEMA).

 

31By arbitrarily declaring an area or river a “wildlife reserve” to protect “endangered species” (the Endangered Species Act expired in the early 1970s, but Congress still continues to fund it) and prohibiting the inhabitants of any given State to conduct their affairs thereon, the Federal Government has, in effect, abolished this portion of the Constitution.

 

32While today’s State governments appear on the face to be of a Republican form (run by the rule of law) they are really quasi-Democratic/majority-rule factions whose laws may change from one election cycle to the next by the will of the people - not necessarily the majority.  The will of a well-financed minority; able to bribe, elect, or otherwise control weak politicians is now what is administered against an unsuspecting public both at the State and National level while our officials in Washington do nothing to prevent it.

 

33Our national government no longer protects the States from thousands of illegal immigrants flooding into our country every day.  This problem has gotten so bad that the Congressmen and Senators in Washington have set up “migrant exchange programs” where they use taxpayer money to subsidize the salaries of immigrant workers from other countries who now work here.

 

34Months before the World Trade Center was hit in September of 2001, FBI agents had legitimate intelligence that an event such as that was soon to happen.  Recruiting former Clinton impeachment Chief Prosecutor, David Schippers, they attempted to warn Congress, the Senate, the Justice Department and the President - all to no avail.  Nobody in Washington was willing to listen or have an audience with Mr. Schippers.  The attacks could have been prevented if those in charge would have read and followed this clause of the Constitution.

 

35When the original 13th amendment was passed by the States in 1812, barring lawyers from holding public office, the White House and some of the National archives was burned  by the British in an attempt to cover up passage of that amendment.  Some textbooks with it printed in it survived, but this illustrates what happens when an amendment passes that higher powers don’t like.  Also, the 16 amendment - the Income Tax - amendment was fraudulently passed by a lame-duck Secretary of State who declared the Amendment ratified even when the necessary three fourths of the States had not completely ratified, or had not ratified properly.  This 16th amendment research can be found in the book, The Law That Never Was, by Bill Benson.

 

36Since State Legislatures no longer send their own duly appointed Senators to the Senate (Senators elected by popular vote and are beholden to the people, not the State Legislature) the States no longer have suffrage in the Senate.

 

37With State passing gun legislation, driver licensing, and vehicle registration laws in direct violation of the constitution and judges converting their courtrooms from constitutional courts to quasi-admiralty/commercial courts, governed by the Uniform Commercial Code (UCC), this “Supremecy Clause” is virtually extinguished.

 

38Our public officials may affirm this oath, but do nothing to restore the destroyed parts of the constitution or take measures to eliminate further erosion.

 

39While a religious test is not necessarily required, per say, if one were to admit a belief in God or the Lord Jesus Christ, he will be severely reprimanded by either a Federal District Court, a vicious public, or both - under a non-existent law mandating the ‘seperation of church and state’.

 

40The first church seizure in US History - the 51 year-old Indianapolis Baptist Temple - was seized by our government, under George W. Bush and John Ashcroft, on February 13, 2001 for choosing not to enlist as a non-profit corporation/government-run church which was against their religious convictions.

 

41Before any group of people can assemble, be it for a parade, protest, etc. they must get a permit from the city they plan to assemble in.  Since a permit is required, the city may just as easily refuse to allow them their right to peacefully assemble.  Another strategy the government has begun using against peaceful protesters is to infiltrate a large group of them with “agents provocateurs.”  These agents will beat, burn, smash and steal all forms of property in order to make the whole group look bad.  Thus, “No Protest Zones” have been created in order to solve these ‘problems’.  This system was perfected in Seattle, Washington during the World Trade Organization Summit in 2000.

 

42The majority of our representatives are now simply for sale to the highest bidder.  Any letters or phone calls are screened and answered by a low level staffer.  It is virtually impossible for citizens to speak with their representatives or change their minds on any matter.  The representatives work for the Federal Reserve system and the banking/business interests that now fund, control and administer the entire government of the United States.  Years of appeals to the Internal Revenue Service requesting a copy of the law requiring an American to pay an Income Tax have been met with silence and avoidance by both the private, corporate IRS and Senators and Representatives, alike.

 

43Any law that a State of the Federal Government passes that restricts the right of a citizen to freely own or acquire a weapon is a direct violation of this amendment.  However, gun registration and concealed carry permits continue unabated.  The Second amendment is your concealed carry permit!

 

44Police and the BATF routinely kick in doors in the so-called ‘war on drugs’ without announcing themselves, or, sometimes, even producing a valid warrant.  Many innocent people have been killed in the past decade when the police show up at the ‘wrong house’ using militarized tactics developed by the CIA in the early 70’s.  Automobiles are also routinely searched at unconstitutional roadblocks all without warrants or probable cause.

 

45Section 213 of the USA PATRIOT Act, passed in October of 2001, allows police officers to search homes in secret, without warrants, (the act requires warrants - but the searches are secret - so, what the judge “doesn’t know won’t hurt him.”)  Police officers may now search homes in secret and tell nobody they were there, all with no accountability.  Under a law passed in 1992 (18 U.S.C. §984(B)(2))  the government is not required to identify the specific property in the offense that is the basis for forfeiture. 

 

46In the ‘war on drugs’, property and money is now confiscated on a grand scale.  The police departments get to receive most of their annual take if they launder it through the FBI and allow the feds to keep a cut.  The seized money, and money from the sales of seized property, goes directly into their operating fund.  If a person was framed with drugs, he has to prove they weren’t his and sue to get his property back.  If the police finally are required to give back the property, they are not liable for the damage that they always inflict upon it.  If property is permanently seized, the owner is simply jailed and never paid for it.  Regardless of the tactics, a property owner is never compensated for his seized property which is used for “public use” by being deposited into the police department’s general operating account.- see Forfeiting our Property Rights, Rep. Henry Hyde, ©1995, pp. 30-31.

 

47Juries used to be impartial when 12 people were selected at random and asked to serve.  Today, a pool of jurors is called and, after intense questioning, 12 are selected.  The questioning always serves the lawyers on both sides who are jockeying for a jury that will give them their pre-selected outcome.  Some judges are using juries only in an “advisory” role which is blatantly unconstitutional.  The lawyers on both sides belong to the same BAR association and are working in concert to select a jury which will award the maximum amount of revenue for the state, should that particular case require it.  Juries, unwittingly,  are now used as tools of revenue generation - not justice.

 

48The USA PATRIOT Act now denies these rights to anyone the President has determined to be an “enemy combatant” in the so-called ‘war on terrorism’ whether he is an American or not.

 

49The only purpose for a defense attorney today is to make sure none of your still remaining rights have been violated so when the judge does find you guilty, you will have no ability to appeal.  Defense attorneys, who also all belong to the same private club - the BAR association, are required to protect the court system first, not their clients.  Defense attorneys are friends with, and work with the prosecuting attorneys in many cases to ensure victory for the State, not the defendant.

 

50We no longer operate under “common law”.  We now operate under the Law Merchant- a derivation of the ancient Roman “civil law.” where the rights of the human are superceded by the rights of a corporation (e.g.; local, county, or state government).  Courts today are merely courts of arbitration where they are enforcing a contract.  Every single transaction with the government from the city up to Federal is a contract and judges are bound to uphold those terms outside of the jurisdiction of the Constitution.

 

51Some judges are using juries only in an “advisory” role which is blatantly unconstitutional.   An advisory jury, which was used by a Federal judge in the Waco criminal trial against the US government, for wrongful death, in order to advise the judge of what he should do.  Any finding of fact by the jury was allowed to be revised by the judge as it suited his employer - the US government.

 

52Excessive bail and fines are levied on an unsuspecting public every day by corrupt courts across the United States.

 

53In some law enforcement magazines the FBI is pitching the strategy of torture as an effective tool of information gathering.  In the so-called ‘war on terror’ the Federal Government is shipping captured POWs to countries who use torture in order to extract information from them.  Under the USA PATRIOT Act, the President now has the power to declare an American an ‘enemy combatant’ and use torture on him, too.   Council of Foreign Relations-run television networks now feature police dramas which are doing an effective job of selling this form of barbarism to the American people as a legitimate means of obtaining information from the “bad” guy.

 

54The ACLU and Americans United for the Separation of Church and State has effectively convinced the courts in this Union to falsely interpret the free exercise of religion clause in the 1st amendment into the non-existent law of ‘seperation of church and state’; and uses it to prohibit the free exercise of religion in this country - an act it was intended to guarantee.

 

55The War Between the State from 1861 -1863 decided this issue.  The central government now has all power over the States and exercises this power through federal funding and/or the withholding of those funds.  States pretty much do whatever the central government now tells them to do.

 

56 ”The people” no longer are aware they have this power, so if they don’t know they have the right, they won’t very well use it.  

 

Footnote 57 updated September, 2006

57  President George W. Bush recently entered into a verbal "agreement" with Mexican President Vicente Fox which merges many of the security bureaucracies of both countries.  Since is was termed as an "agreement" - not a treaty - no Senatorial approval was required.  It does, however function for all intents and purposes as a treaty, ultimately designed to merge the borders, military and governments of the Western Hemisphere, its propaganda to the contrary notwithstanding.  See www.spp.gov