IPFS News Link • Constitution
The Constitution and the Standing Army
• http://original.antiwar.com, by Sheldon RichmanHowever, there's a third leg to this stool. It was a national-security program as well – almost a proto-PATRIOT Act. Indeed, these three elements formed an integrated project: it gave the new central government independent power to raise revenue by taxing individuals directly and to establish an army and navy in order to advance, by force if necessary, American trade. This, I submit, was not exactly a libertarian project. It let a terrifying genie out of the bottle ostensibly in order to contain it. Or, as James Madison put it, "You must first enable the government to control the governed; and in the next place oblige it to control itself."
While the nationalists (that is, the self-identified but misnamed Federalists) saw military power as essential to the development of American commerce, the ability to raise an army and navy was intended to accomplish more than that, namely, continental hegemony and national security in a hostile world.
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1 Comments in Response to The Constitution and the Standing Army
There is one major safety clause for the people. It is called the Preamble. From https://www.law.cornell.edu/constitution/preamble:
The actual Preamble reads...
Notice that there is a United States in place before the Constitution was set up. What is this United States? Is it still around? Was it deleted when the Constitution came into existence? If so, where is the wording that says this? In addition, is there any place in the Constitution or elsewhere that "we the people" gave up our rights or authority to the Constitution or any statutes, codes or laws flowing out of it?
Look at what the Preamble essentially says that the purpose of the Constitution is: "... in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity..." In other words, the Constitution exsists to be a benefit for the people, right?
When a cop pulls you over and shoots you for nothing, is that a benefit for you:
When the IRS takes you money, is that a benefit for you?
When the State takes your property for failure to pay property tax, is that a benefit for you?
When your child has his or her little lemonade stand going, and the City shuts it down, is that a benefit for you?
When you can't hand out pamphlets to potential jurors that tell about jury nullification, is that a benefit for you?
The list goes on and on. Is it a benefit for you when the people in government tell you that it IS a benefit for you, but it hurts like the dickens, and you lose your property or family or life?
An average attorney will tell you that the Preamble means nothing, legally. And he is right.But if you as a man or woman apply it to any man or woman of Government who harms you or steals your property using Government as an excuse, then that Government man or woman owes you reimbursement for your property. Why? Because that Government person is acting outside of the scope for which the Constitution was made.
In other words, the Preamble overrides the Constitution and all the laws that flow out of the Constitution if the result of the Constitution goes against the purpose for the Constitution, which is, to be a benefit for you.
The way to make the Preamble benefit yourself when Government people harm you is, sue them using the strength of the 6th, 7th, and 9th Amendments, thereby taking them out from the Government through your law suit.
And, it won't work if you play by their rules and laws and rules of court. You can't do it "pro se" or "propria persona" because those are their terms. You need to file a claim against them, person to person, not being represented by an attorney, or even by representing yourself. You need to do it standing present, in a court of record, where you write your own rules of court into your suit, if advisable.
Go to https://www.youtube.com/watch?v=Twn96nj0jfw&list=PLHrkQxgz0mg6kUBciD-HIvTXByqjcIZ-D&index=10 and listen carefully to the way it is done. Then go here https://docs.google.com/document/d/1tNkWzZSNBDTl4CcjZcj1naheT0yaH9WDxdr4Q60Zz2A/edit to find a Karl Lentz audio that pertains to the kind of information you are looking for more directly.