THE SUPREME LAW OF THE LAND
Since the law has only a shadow of the good things
to come and not the true form of these realities, it can never,
by the same sacrifices that are continually offered year after
year, make perfect those who approach.
Hebrews 10, verse 1
[EXTRACTS FROM] THE DECLARATION OF INDEPENDENCE
in Congress, July 4, 1776 [Emphasis added]
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government.
Specific Charges against the King
The history of the present King of Great Britain
is a history of repeated usurpations, all having in direct object
the establishment of an absolute tyranny over these States. To
prove this, let facts be submitted to a candid world:
...He has dissolved representative Houses repeatedly
for opposing with manly firmness his invasions on the rights of
the people.
...He has erected a multitude of new offices,
and sent hither swarms of officers to harass our people and eat
out their substance.
...He has kept among us, in times of peace, standing
armies, without the consent of our Legislatures.
He has affected to render the military independent
of, and superior to, the civil power.
He has combined with others to subject us to a
jurisdiction foreign to our Constitution and unacknowledged by
our laws, giving his assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us;
For protecting them, by a mock trial, from punishment
for any murders they should commit on the inhabitants of these
States;
For cutting off our trade with all parts of the
world;
For imposing taxes on us without our consent;
For depriving us, in many cases, of the benefits
of trial by jury;
...For abolishing the free system of English
laws in a neighboring province...
...He has plundered our seas, ravaged our coasts,
burnt our towns, and destroyed the lives of our people.
...In every stage of these oppressions we have
petitioned for redress in the most humble terms: our repeated
petitions have been answered only by repeated injury. A prince,
whose character is thus marked by every act which may define a
tyrant, is unfit to be the ruler of a free people...
Conclusion and Declaration
...And for the support of this declaration, with
a firm reliance on the protection of Divine Providence, we mutually
pledge to each other our lives, our fortunes, and our sacred honor.
John Hancock ...
"When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided [in the Constitution] of one government on another and will become as venal [capable of being bought] and oppressive as the government from which we separated."Thomas Jefferson, 1821
[EXTRACTS FROM] THE CONSTITUTION OF
THE UNITED STATES OF AMERICA
[Emphasis added]
PREAMBLE
We the people of the United States 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,
do ordain and establish this Constitution for the United States
of America.
THE LEGISLATIVE DEPARTMENT
Article I
SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consists of a Senate and House of Representatives...
SECTION 2. ...Representatives and direct taxes [taxes laid directly on individuals, to be paid directly to the federal government] 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...
SECTION 7. 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...
POWERS GRANTED TO CONGRESS
SECTION 8. The Congress
shall have power to lay and collect taxes, duties, imposts
and excises [indirect taxes on things], to pay the debts and
provide for the common defense and general welfare of the United
States; but all duties, imposts and excises shall be uniform
throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations,
and among the several States, and with the Indian tribes;
To establish an uniform rule of naturalization, and
uniform laws on the subject of bankruptcies throughout the United
States;
To coin money, regulate the value thereof
and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting
the securities and current coin of the United States;
To establish post offices and post roads;
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;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed
on the high seas, and offenses against the law of nations;
To declare war... and make rules concerning
captures on land and water;
To raise and support armies, but no appropriation
of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of
the land and naval forces;
To provide for calling forth the militia to execute
the laws of the Union, suppress insurrections and repel invasions;
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 Congress;
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, dockyards, and other
needful buildings; - and
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.
POWERS DENIED TO FEDERAL GOVERNMENT
SECTION 9. ...The privilege
of the writ of habeas corpus shall not be suspended, unless
when in cases of rebellion or invasion the public safety may require it.
No bill of attainder [extinction of civil rights]
or ex post facto [retroactive] law shall be passed.
No capitation [uniform tax on each person;
poll tax] or other direct tax shall be laid, unless in
proportion to the census or enumeration hereinbefore directed
to be taken.
No tax or duty shall be laid on articles exported
from any State.
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.
No money shall be drawn from the Treasury, but in
consequence of appropriations made by laws; and a regular statement
and account of the receipts and expenditures of all public money
shall be published from time to time.
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 any present,
emolument, office, or title, of any kind whatever, from any king,
price, or foreign state.
POWERS DENIED TO STATE GOVERNMENTS
SECTION 10. No State
shall enter into any treaty, alliance, or confederation; grant
letters of marque and reprisal; coin money; emit bills
of credit; make anything but gold and silver coin a tender
in payment of debts; pass any bill of attainder, ex
post facto law, or law impairing the obligation of contracts,
or grant any title of nobility...
THE EXECUTIVE DEPARTMENT
Article II
THE PRESIDENT AND VICE PRESIDENT
SECTION 1. The executive
power shall be vested in a President of the United States of America.
He shall hold his office during the term of four years, and together
with the Vice President, chosen for the same term, be elected
as follows:
THE ELECTORAL COLLEGE
Each State shall appoint... a number of Electors
equal to the whole number of Senators and Representatives to which
the State may be entitled in the Congress... The Electors shall
meet in their respective States, and vote by ballot for two persons...
The person having the greatest number of votes shall be the President...
after the choice of the President, the person having the greatest
number of votes of the Electors shall be the Vice President...
...OATH OF THE PRESIDENT
...Before he enter on the execution of his office,
he shall take the following oath or affirmation: "I 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."
THE JUDICIAL DEPARTMENT
Article III
THE FEDERAL COURTS...
SECTION 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 ordain
and establish...
JURISDICTION OF FEDERAL COURTS IN GENERAL
SECTION 2. The judicial
power shall extend to all cases in law and equity arising under
this Constitution, the laws of the United States...
JURISDICTION OF SUPREME COURT
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.
TRIAL BY JURY
The trial of all crimes,
except in cases of impeachment, shall be by jury...
THE SUPREME LAW OF THE LAND
AND THE OBLIGATION OF STATE JUDGES
Article VI
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
FEDERAL AND STATE OFFICERS BOUND BY OATH TO SUPPORT THE CONSTITUTION
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
Constitution; but no religious test shall ever be required
as a qualification to any office or public trust under the United
States...
[EXTRACTS FROM] THE AMENDMENTS TO THE CONSTITUTION
The first ten Amendments to the Constitution, known
as The Bill of Rights, were adopted by the first Congress, called
to meet in New York City, March 4, 1789. They were later ratified
by the various States, and on December 15, 1791, were made a part
of the Constitution.
Amendment I
FREEDOM OF RELIGION, SPEECH, AND THE PRESS; RIGHT
OF ASSEMBLY AND PETITION
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the
right of the people peacefully to assemble, and to petition
the government for a redress of grievances.
Amendment II
RIGHT TO KEEP AND BEAR ARMS
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.
Amendment III
QUARTERING OF SOLDIERS
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.
Amendment IV
PROTECTION AGAINST UNWARRANTED SEARCH AND SEIZURE
The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, 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.
Amendment V
PROTECTION FOR PERSONS AND THEIR PROPERTY
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
offense 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.
Amendment VI
RIGHTS OF PERSONS ACCUSED OF CRIME
In all criminal prosecution, the accused shall enjoy
the right to a speedy and public trial by an impartial jury
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 favor, and to have the
assistance of counsel for his defense.
Amendment VII
RIGHT OF TRIAL BY JURY IN SUITS AT COMMON LAW
In suits at common law, 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
be otherwise re-examined in any court of the United States, than
according to the rules of common law.
Amendment VIII
PROTECTION AGAINST EXCESSIVE BAIL AND PUNISHMENTS
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
CONSTITUTION DOES NOT LIST ALL INDIVIDUAL RIGHTS
The enumeration in the Constitution of certain
rights shall not be construed to deny or disparage others retained
by the people.
Amendment X
POWERS RESERVED TO THE STATES AND THE PEOPLE
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
Amendment XIII
ABOLITION OF SLAVERY (1865)
SECTION 1. Neither slavery
nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
Amendment XIV
GUARANTEE OF PROTECTION TO ALL CITIZENS (1868)
...No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny
to any person within its jurisdiction the equal protection of
the laws...
Amendment XVI
POWER TO LEVY INCOME TAXES (1913)
The Congress shall have the power to lay and collect
taxes on incomes, from whatever source derived, without
apportionment among the several States, and without any regard
to any census or enumeration.
Note: Income tax is an excise or an indirect tax on a thing (income). The Sixteenth Amendment confers no new taxing power. It uses legal sophistry to define the income tax as an indirect tax, rather than a direct tax. The Supreme Court has found:
"...[T]he Sixteenth Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary [absolute] power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged and being placed in the category of direct taxation...", Stanton v. Baltic Mining Co., 240 U.S. 112 (1916).
COMMON LAW IS THE SUPREME LAW OF THE LAND
Webster's defines Common Law as "the body of
law developed in England primarily from judicial decisions based
on custom and precedent, unwritten in statute or code, and constituting
the basis of the English legal system and of the system in all
of the U.S. ..." Common Law developed out of
customs that were found to work in practice. It is based on common
sense and reason. (There are two fundamental Common Laws: (1) Do not encroach on other persons or their property; (2) Do all you have agreed to do.) Much of English Common Law is rooted in the
Magna Carta, signed by King John in 1215. The Magna Carta limited
the powers of the King (government), and guaranteed the liberties
of the people.
"It [The U.S. Constitution] must be interpreted in the light of Common Law, the principles and history of which were familiarly known to the framers of the Constitution. The language of the Constitution could not be understood without reference to the Common Law." U.S. v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456."Law of the Land" means "The Common Law." Taylor v. Porter, 4 Hill. 140, 146 (1843) - Justice Bronson; and State v. Simon, 2 Spears 761, 767 (1884) - Justice O'Neal.
The U.S. adopted the Common Laws of England with the Constitution. Coldwell v. Hill, 176 S.E. 383 (1934).
In contrast, legislated law - like the laws of Congress - are written mostly by attorneys to further their own self-interest or to favor special-interest groups with big bucks - exactly as Thomas Jefferson predicted in 1821.
TRIAL BY JURY
To learn the importance of trial by jury, I strongly recommend reading at least the first chapter of Lysander Spooner's Trial By Jury.
As Lysander Spooner points out, every member of a jury has the right and the duty to judge both the facts and the law. A jury member may find an accused not guilty for reasons of conscience or because he or she regards the law as bad. This is called jury nullification.
Among checks on government, trial by jury is the final say. We the people have the final say on the validity of any law. Whatever jury instructions are given by an ignorant or corrupt judge, the jury has the final vote. One member of a jury says, "not guilty." That's it. Jury nullification. In this respect the individual jury member has more power than Congress, Supreme Court judges, and the President. Congress can pass a law, the President can sign it, and the Supreme Court can rule it constitutional - but one jury member can nullify the law, at least in a specific case, by voting "not guilty." The jury vote is by far the most important vote in the American political system.
Thomas Jefferson regarded jury nullification as the most important check on government. In 1789 he wrote:
"But we all know that permanent judges acquire an Esprit de corps; that being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative power... It is in the power, therefore of the juries... to judge the law as well as the fact."
It is important to realize that where the Constitution says "trial by jury," it means trial by jury as understood by the framers of the Constitution (as described by Lysander Spooner). It is even more important to realize that the duty of judges, including of the Supreme Court, is to uphold the Constitution, not to "interpret" it.
Whenever a judge - deliberately or unwittingly - fails to inform a jury of the jury's right and duty to judge both fact and law, that judge is violating his or her oath to uphold the Constitution. The American judicial system has been subverted and corrupted by criminal judges who don't inform juries of their right of jury nullification.
In my opinion, our best hope for "changing the system" is through jury nullification. Imagine what would happen if a significant percentage of the population knew they had the right and duty of jury nullification. The bad laws would be effectively nullified. And, heaven forbid, should you ever end up in court, it would help a great deal if at least one of the jury members knew about jury nullification. It just takes one jury member out of twelve to prevent you from being convicted when you have been accused of contravening a bad or unconstitutional law, or if the judge refuses to let you use the Constitution in your defense.
So it may be worth your while to spread the jury nullification message. Contact the Fully Informed Jury Association, PO Box 59, Helmville, MT 59843 - 1-800-TEL-JURY.
Trial by jury, as understood by our Founding Fathers, is in my opinion, the single most important aspect of the U.S. Constitution.
You shall not follow a majority in wrongdoing: when
you bear witness in a lawsuit, you shall not side with the
majority so as to pervert justice.
Exodus 23, verse 2