![[Most Recent Quotes from www.kitco.com]](http://www.kitconet.com/images/sp_en_6.gif)
Michael Badnarik Constitution Class Notes & Video
http://video.google.com/videoplay?do...1528746978991# +links to the other parts.
Hopefully no one will kill me for this EXTREMELY LONG POST...it's basically a rough rough transcript of all the important things Michael Badnarik mentions in the class.
Might be a good thing to have when watching it. Some of the text in parantheses is my own comments. I made this because I saw that the views on the classes kept going down as it progressed because it's very tough to sit through 8 hours at one sitting.
It's no substitute for the whole 8 hours but it might help people get through it. I've done parts 1 to roughly 3 on google video so far but there is so much more. Stay tuned.
Intro to the Constitution
Part 1
-------
Flag upside signals a state of emergency; distress signal.
Iconoclast: a breaker or destroyer of images, one who attacks cherished beliefs
and traditional institutions as being based on error or superstitition.
Declaration of Independence authorized on July 4th, signed on August 2nd.
Quotes:
"Education is favorable to liberty. Freedom can only exist in a
society of knowledge. Without learning, men are incapable of knowing their rights.
And, where learning is confined to just a few people, liberty can neither be equal
nor universal." -James Rush (1786)
-You have to know your rights before you can protect them.
"I apprehend no danger to our country from a foreign foe. Our destruction, should it come at all, will be from another quarter. From the inattention of the people to the concerns of their government, from their carelesness and negligence I must confess that I do apprehend some danger.
I fear that they may place too implicit a confidence in their public servants and fail properly to scrutinize their conduct. That in this way, they may be made the dupes of designing men and become the instruments of their own undoing. Make them intelligent and they will be vigilant. Give them
the means to detect the wrong, and they will apply the remedy." -Daniel Webster
FIRST TOPIC: DIFFERENCE BETWEEN RIGHTS AND PRIVILEGES
Right
A Right: a power, privilege, faculty, or demand INHERENT in one person and incident upon another.
Powers of free action/something that you have the sovereign authority to do because there is no higher power to get permission from. Nobody to ask.
You are endowed by your creator with certain unalienable rights. You don't have to ask.
***This is the exact opposite of a privilege.***
FIRST IMPORTANT CONCEPT OF RIGHTS: RIGHTS ARE DERIVED FROM PROPERTY.
Anytime you come across a dispute as to who has the right to do this, that, or the other, the real question you should ask is who owns the property.
If you identify the owner of the property, the question answers itself.
The right of property is the most important right of all. Even a two year old understands the
right of property: mine! Mine! That's mine! They don't understand it well, but they do understand that owning property is important. We have to be more like two year olds and say that's mine! We have to be willing to defend our property.
Regarding Constitutional Rights: Don't say Constitutional Rights because it sounds like the
Constitution is granting you rights. If you are being granted rights, then it's not a right.
It's a privilege. It's impossible to grant someone a right. They are inherent unless you don't know them, assert them, or reserve them.
-You have a right to life. Where does that right to life come from? Property. You own
your body. If someone else owns your body, you are a slave. Can you do whatever you want with
your own body? Yes. (Now, if you think about that in the sense of the abortion issue you will see how much government is in involved in our lives. I'm guessing that while it's not illegal to
smoke at home, it's illegal to smoke in public places because you are harming other people's property a.k.a their body)
"The moment the idea is admitted into society that property is not as sacred as the law of God,
and that there is not a force of law and public justice to protect it, anarchy and tyranny commence." -John Adams
The Constitution and the Bill of Rights do not GIVE you rights. They list them so people can learn what they are but they are INHERENT, meaning you do not need to state that they have been GIVEN to you because what is given can be taken away, and that is a privilege. A right cannot be taken away, therefore there's no need to cite it if you know it. After reading it, you KNOW you have them. They are NATURAL RIGHTS. You have to KNOW your rights and you have to ASSERT them.
"You only have the rights you are willing to fight and die for." -Thomas Jefferson
"Kings or Parliaments can not give you the rights essential for happiness. We claim them from a higher source: from the king of kings, the lord of earth. They are not annexed to us by parchments and seals. They are created in us by decrees of Providence." -John Dickison
Privilege
A Privilege: a particular and peculiar benefit or advantage enjoyed by a person, company, or class beyond the common advantages of other citizens. A temporary authority granted to you by someone of a higher authority. It can be revoked at any time.
***One of the biggest problems in the United States is that the government has convinced us
that we have certain privileges granted to us by them. We the people grant the government privileges. The power comes from us and goes to the government, not the other way around.
-Allodial Title: You own it without taxes. You genuinely own the property. This is generally referred to when talking about land ownership.
e.g. When you went to buy a home, did you go to a real estate agent? When you go to a real estate
agent, are you buying property or real estate? When you buy real estate you purchase everything
from the ground up. You own the house, the trees, but NOT the earth that it all sits on.
Example 1: Can you go out to your backyard to drill for oil? No! This is because you own REAL ESTATE and there are city ordinances that restrict you from it due to your ownership of REAL ESTATE. However, if you own the PROPERTY in Allodial Title can you go in your backyard to drill for oil? Yes! It's your PROPERTY!
Example 2: Do you pay property taxes? If so, why? Who are you paying the taxes to? If it's yours, why would you have to give somebody else money? The truth of the matter is that you do not own
the land. You own the house on top of the land, but you are renting the actual land. Unless
you have Allodial Title to the land, it is not yours. (This is the reason for which whole neighborhoods may be demolished to build a new highway. You're compensated for the destruction of the house because the house is your property, but not for the value of the land because it's not yours. You do not own the land in Allodial Title, hence you have no say in whether they can tear the house down. You can only get a compensation for the house.)
Example 3: Can you build a separate house on your property if you own it in Allodial Title? Yes! It's your property. You can even burn your house down if it's your property! It's not arson because it's your property, whether you have REAL ESTATE OR ALLODIAL TITLE. However, if you have INSURANCE on the house IN EITHER REAL ESTATE OR ALLODIAL TITLE and you burn your house down you will be tried for fraud because you're lying to the insurance company that you want your property maintained at its present state and not on fire.
-When we first broke away from England, the colonists were allowed to own their land in Allodial Title. Prior to that, everything was owned by the King. Out of the 50 states in the United States of America, only one allows you to own land in Allodial Title and that is the Republic of Texas. (I've heard some things about Nevada and Oregon though. Further research necessary.) However, most people in Texas do not own their land in Allodial Title. (For more information on learning how to own land in Allodial Title, you will have to ask Mr. Michael Badnarik or do your own research.)
2ND IMPORTANT CONCEPT THAT DERIVES FROM A RIGHT: Every single right has a responsibility.
You cannot have a right without a responsibility & you cannot have a responsibility without a right. You can't have one without the other. Your right holds you responsible for exercising that right properly.
Example 1: Does a 6 year old child have the right to life? Yes, because that six year old owns
its body. Your body is the first property that you own. As you come into the world, you are a property owner. It may not be much: tiny, pink, and crying but it's yours. Does a six year old have the right to carry around a gun? No, because a six year old does not have the mental capacity
to understand the responsibility that comes with the right to bear arms, i.e. the capability to end someone's life.
Example 2: If you go into a theater or public places your freedom is speech is limited and only that which is true can be said to others in the crowd. You cannot yell fire IF there is no fire.
Why? Because you are responsible for all of the people running out of the theater who could get hurt. You are responsible to the theater owner for the business he lost when all those people didn't get to see the movie. You are also responsible to the people who paid to see the movie and you interrupted it. ONLY IF YOU SEE A FIRE CAN YOU YELL FIRE because it is the responsible thing to do with your freedom of speech. Screaming fire when there is none is an irresponsible and criminal misuse of freedom of speech.
3RD IMPORTANT CONCEPT OF RIGHTS: The only limitations of rights are the equal rights of others.
You can do anything you want as long as you do not violate someone else's rights.
SUMMARY: A right is something you don't have to ask permission for. A privilege is something you must ask permission for from a higher power than you.
-Rights derive from property.
-Rights must be exercised responsibly.
-Rights cannot be exercised if they violate the rights of others.
Do you have a right to walk into a restaurant and say "I'm hungry, feed me, for free."? No. Do you have a right to eat? No. You have a right to eat if it's YOUR food. If it's not your property, you don't have a right to it.
Do you have a right to free health care? No. Are you going to walk into a doctor's office and say "Cure me, for free." No. Somebody's gotta pay that doctor. You want someone to walk into your office and say "Provide service for me, for free." Why would you walk into someone else's place of business and demand service for free? People will say "Well I'm not demanding free service because the doctor is getting paid." By who is he getting paid? The government and insurance companies? Where do they get the money? From somebody else. Do you have a right to somebody else's money? No, because it's not your property, not even if the government is giving it to you.
You do not have a right to anybody else's property. You only have a right to your property.
ALLODIAL TITLE MINI-LESSON IN REGARD TO CAR OWNERSHIP
-Try to pay cash for your car. To own the car in Allodial Title you must get the Manufacturer's Statement of Origin. It's like a birth certificate for the car, also known as an MSO. Most people buy their car with a bank loan. The bank pays the money, and we get a payment coupon book from the bank. The MSO is generally transferred to the state in which you bought your car. They will microfish it and then shred the original document so that it can't exist anymore. 3 or 4 years later you finish paying off your car and then the bank sends you a certificate of title.
To understand the certificate of title you have received let's look at an example:
If I give you a piece of paper that says gift certificate, do you have the gift or do you have a piece of paper that claims the gift? You have the piece of paper. In order to get the gift, you must go to the place listed on the paper and trade the piece of paper in for the gift. The certificate of title is a gift certificate that can't be exchanged because the MSO has already been shredded. The MSO is the gift, not the certificate of title.
With a certificate of title you are a co-owner of the car. Who else owns it? The state which the bank sent the MSO to, which shredded it.
Example: If two friends buy a car, each putting down $10,000 each in order to make the purchase then they are equal co-owners. If one of the owners allows the other to drive the car for a year and then demands to use it the next year, it must be allowed to happen correct? Same with the state. The state is co-owner and they want rent for your use of the car. It's called registration.
This is why you must pay the state the registration fee each year. The state is co-owner of the car and you are paying them rent on their part of the ownership of the car in order to use it each year.
-If you can go into a car dealership and pay outright the money needed to purchase the car AND obtain the MSO, it is then YOUR car. You don't need to register it, or pay taxes on it. However, it is reccommended to buy the car you want in ANOTHER state because dealers, by their contract, cannot sell you the car in the way described above if you are residing in the same state. Buy it in another state and bring it back to where you live.
-Possession is 9/10th's of the law. Ownership is the law.
-If you have the MSO for your car, you do not need a driver's license or tag unless your car is used for commerce. (For this, you must research GIM for ways to avoid or explain the confrontation with the police officers for not having a license, registration, or tag)
SUPREME COURT CASES QUOTES
Supreme Court Case: Hail VS Henkel
"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his own business in his own way. His power to contract is unlimited."
-This is good news and bad news. You can sign up a contract to do anything you want. That's good. However, you have also signed contracts with the government that you are not aware that you have signed. That's bad.
"An unconstitutional statute, although having the form and name of law, is in reality no law & is wholly void and ineffective for any purpose since it unconstitutionally dates from the time of enactment and not merely from the date of the decision branding it so."
-If an unconstitutional law is passed it doesn't become unconstitutional the day you protest it, it becomes unconstitutional from the moment it is passed.
END OF PART 1 ON GOOGLE VIDEO
Part 2
-------------
PURPOSE OF GOVERNMENT
-The purpose of government is to protect your rights. To secure these rights governments are instituted among men.
-If I have a right to carry arms why do I have to get a conceiled carry permit?? Doesn't a permit give me permission? Permission is related to a privilege. If I have a right, thats a contradiction. You cannot give me permission to exercise a right.
A conceiled carry permit is contradictory.
-First gun permit was issued just after the civil war. If you have a right to do something you don't require permission. White people had rights. Black people did not because they were slaves. 13th Amendment is passed making slavery illegal. However, it was considered contrary to logic to free a people and then freely provide them arms after having chained them and being forced innto slavery. We gave Blacks privileges so they could not rise up against us due to the wounds from slavery.
-Marriage licenses were issued just after the civil war. If two white people want to get married and have children, they have a right to do that. They can do anything they want with their property (body). Whites didn't have to ask anybody for permission.
Blacks could marry other blacks without any penalties. But if a black person wanted to marry a white person, they needed permission. Marriage licenses were intended to be used for interracial marriages.
Black's Law Dictionary 1870 3rd Edition reads:
Marriage License: a license or permission granted by public authority to persons who intend to intermarry.
-In marriage licenses, there are three partners. The man, the woman, and the state.
The state has part-ownership of whatever the other two partners produce e.g. children.
How can social workers come to your door and say you're not being a good parent and take away your kids? Because they own them! This is also why they can demand that your children go to school. They want THEIR children in THEIR schools.
-If you don't get a marriage license and live together and reproduce, this is called a Common Law marriage. Common Law marriage is based on property.
CONCEPT OF SOVEREIGNTY
Sovereignty: The status, dominion, power, or authority of a sovereign. Royalty; supreme or independent power of or authority in government. The idea that you don't have to ask permission for what you do.
-Who was the sovereign in England in the 1600s? The King. How did he become a sovereign? There was the idea of the divine right of kings. He had all of the rights, because he owned all of the property. Who owned England? The king. It was his country.
He had all of the rights. All the other people in England were his subjects. They get
privileges given to them by the king.
-Many of his subjects got on boats, went over to the new world, made our homes, and then eventually signed the Declaration of Independence. The Declaration of Independence is a letter to King George. We basically told him that we were now sovereign and independent. Instead of you getting the power from god and giving us privileges, we're gonna get god to give us rights, thus ending the divine right of kings. Once we finished with the revolutionary war, we owned all the land in Allodial Title. Who owned the land before we did? The king. The Declaration of Independence severs all ties with the king and makes us sovereign citizens.
-You have no one to answer to but yourself.
-We the people created Congress. If we create or give power to someone are we not giving them privileges? Are they not then working for us?
-The created can never be higher than the creator.
-There are different levels of sovereignty
1) Mental Sovereignty
-You at least have to think of yourself as a King. If you don't think it, you'll never get the other kinds.
2) Financial Sovereignty
-You have to protect your property so no one else can take it away.
3) Physical Sovereignty
-No one messes with you because they recognize that you are the King.
If We The People are sovereigns do we not have the right to overthrow the government if necessary and by use of violence? Yes.
"Give me liberty or give me death." -Patrick Henry
From the Declaration of Independence:
"To secure these rights, governments are instituted among men. That when any form of government becomes destructive of these ends it is the right of the people the alter or abolish it. Governments long established should not be changed for light and transient causes. 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 provide new guards for their future security.
-Not only do you have a right to overthrow the government, but you have a moral obligation to do so.
We The People are responsible for Congress. If they do something wrong it is our responsibility, having created them, to reign them in and put them in their place.
THOUGHTS FROM THE FOUNDING FATHERS & OTHER PRESIDENTS:
"And what country can preserve its liberties if its rulers are not warned from time to time that these people preserve the spirit of resistance. Let them take arms. The tree
of liberty must be refreshed from time to time with the blood of patriots and tyrants." -Thomas Jefferson
"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of their existing government they can exercise their constitutional right of amending it or their constitutional right to dismember or overthrow it."
"We The People are the rightful masters of Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution."
-Abraham Lincoln
-How do you know if the Constitution is being perverted if you haven't read it?
HOLOCAUST COMMENTARY
Generally deemed to be the worst travesty in human history. Hitler did not take Germany by force. He did not drive in on Army tanks. Hitler was elected. 98% voted for him in Austria. Everybody voted for Hitler because he was going to solve all their economic problems. Did Hitler get elected on monday and start throwing people into ovens on friday? No, it was a gradual process. The first thing he did was to have newspaper articles printed blaming the jews for all of Germany's problems. Did the jews write their own newspaper articles saying they disagreed? No. The jews then had to wear the star of david so the government could know who they were. Did the jews say no, that's a violation of my privacy I don't have to tell you whether I'm jewish or not. The jews decided, well it's a religious symbol. We love God, we should be proud to wear the star of david. Eventually, the germans broke all of the windows of all of the jewish businesses in one weekend. It was a saturday night known as Kristallnacht. That's german for night of glass. You couldn't walk up and down the sidewalks because they were filled with glass. Did the jews rise up and say now damn it, you're violating my property you shouldn't do that. No. They didn't want to make the germans any madder than they were they just wanted to get along. Don't want to piss them off, they've got guns. Eventually the germans are loading them up into cattle trailers on the train.
Where do you think you're going? On vacation? Where do you think they're going to take you? Well, now you're cold and naked and they're walking you into the ovens where you're going to go into mass execution. Is it time now to raise your hand and say you know I tend to disagree with all of this? Bang, you're dead. It's too late to complain.
You should have complained at the beginning when you at least had a chance.
My question to you and I don't expect you to answer it, just think about it in your
head. How bad do things have to get before you do something? Do they have to take away all your property? Do they have to license every activity you want to engage in?
Do they have to start throwing you in on cattle cars before you start saying now wait a minute, I don't think this is a good idea. How long is it going to be before you finally resist and say no I will not comply. There's a different answer for each person. Ask yourself now because sooner or later you're going to get to that line and
when they cross it what are you going to say? Well, okay, cross this line. Okay, now this line, okay now cross that line and pretty soon you're in a corner. Sooner or later you've got to draw the line and stand your ground, whether anybody else does or not. That is what liberty is all about.
*****************
DIFFERENT FORMS OF GOVERNMENT
George Washington said that government is not eloquence, it is not reason, it is force.
And, like fire, it is a dangerous servant and a fearful master. He admits that we need some form of government.
If you're going to cook your food, you need fire. But you've got to keep it under control. It it gets out of control and catches you or the forest on fire, where are you going to live?
Government is power. It is the authorized use of force.
Depending on where that power comes from comes the different forms of government.
The first form of government was MONARCHY. One person has all the power. That was the King, or the Emperor. If the king wants to make a law does he need consent? No. And you have two choices. You can agree to follow his law, or you can dangle at the end of a rope.
When you shift power to a small group of people you have an oligarchy, also known as an aristocracy. We make the rules, you follow them. If I'm making all the rules, all the rules are going to benefit me. You are going to be on the short end of the stick.
Forms of oligarchies are socialism and communism. They make the rules, you have to follow them.
Let's take that power and spread it out a little more. Now, everyone has power. That's called a democracy. It is ruled by the many, the majority. Democracy is majority rule.
In a democracy what they don't tell you is that the minority loses (no racial pun intended, minority here meaning those who lost to the majority votes). You have no rights in a democracy. You only have privileges which are granted to you by the will of the majority.
Example: So if the majority votes to let you keep your house, you can keep it. Otherwise, we're going to take it away from you. Let's assume everyone is a landowner and we all have about the same amount of land. John, however, has water on his land. I want some of that water so I go to John and ask him if he'll sell me his land. John says no it's been in my family for generations and I don't want to sell it. You say, alright, well we're a democracy and so I'm going to put it up to a vote with all the other landowners. So landowners, if you want to take John's land and divide it up among all of us landowners then everyone will get a little piece of John's land. Go ahead and vote. Oh, John, don't worry you get to vote of course but it's only for one vote of course because this is a democracy. John loses. Democracy is mob rule.
-The founding fathers loathed democracies, they hated them. They called it tyranny of the majority.
"A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largess (gifts) from the public treasury. From that moment on, the majority always votes for the candidates promising
the most benefits from the public treasury; with the result that a democracy always collapses over loose fiscal policy and followed always by a dictatorship."
-Alexander Fraser Tytler
The average age of the world's greatest civillizations has been 200 years. The United States has been around for 225+ odd years.
People have to stop thinking of this country as a democracy. You hear it on the news, in movies, and in the newspaper all the time. Even learned scholars say it.
We have a republic.
What's a republic? Don't we get to vote? Yes. Then isn't it a democracy? No.
A republic is based on individual rights. It is based on property. In a Republic, we can vote on anything, except your property. In a republic, the rights and property of the losing majority of the vote are protected and no vote can be put into place to take property or rights away from anyone.
Now, if I want to take John's land under a republic, the purpose of the republic is to say no that's not your land it's John's land and we can't vote on it. Even if we all are in favor of taking John's land, it is government's job to protect John's land.
One person and the law will overrule the 300 million people that want to take his land.
It's not yours. There are certain things you don't get to vote on.
democracy spelled with a small d and republic spelled with a small r are forms of government.
Democracy spelled with a big D and republic spelled with a large R are political parties. They have nothing in common with the lowercase forms of government.
In general the Democrats say: you can think anything you want. you have all sorts of rights. you want to read playboy? go ahead. you want to have abortions? go ahead. The problem is, it's not your money. We're going to take your taxes and we're going to spend your taxes for you on all of these really good causes.
In general the Republicans say: no no no, that's not right. that's your money. you should keep your money. but, you should think like we do. we want you to go to church and accept jesus as your lord and savior. we want you to think like us, that playboy magazine is evil. we want to control the way that you think.
Which one would you like to give up? Your money or your mind? I'd say none of the above. Yet, the system is biased against other parties so that the D and R are always the only choices.
One of the things they've done is twist the question around so the answer is bad whichever way you answer it.
For example: Do you still beat your wife? Are you going to answer, yes I still beat my wife or no, I stopped beating my wife?
You have to be careful not to take the question for granted. One of the common questions asked of all people is "Are you right-winged or left-winged?" Democrat or Republican? WHY ARE THOSE THE ONLY TWO CHOICES? Are you going to vote for Hitler or Stalin? Are you going to vote for the electric chair or lethal injection?
Why not vote for a third party? Do you think your vote is not going to matter? I ask you again, do you want Hitler or Stalin? If you want things to be different then don't vote Democrat or Republican.
Once the percentages go up, they're going to take a look at where those votes are going to and pay attention.
All of FDR's New Deals were socialism.
Fascism is a form of dictatorship. It forcibly surpresses both opposition and criticism. No freedom of speech. In fact, if you speak out, you won't be around anymore.
Stalinism was a form of dictatorship characterized by the extreme suppression of other ideological views. He was our ally so we didn't want to call it Totalitarianism. Stalin killed up to 20 million of his own people. Why isn't he worse than Hitler? He was our buddy of course.
Socialism is a theory which takes your property. It's not your car, it's our car and we're letting you use it. Not your house, ours. You can borrow it though. If you have no property, you have no rights. Where do rights derive from? Property!
Communism is a theory which is based on the state holding all property in common. They have all your stuff. They leave you with no rights because you have no property to derive rights from. They also eliminate god and the family.
Winston Churchill said that if you are 20 years old and you are not a socialist you have no heart. He then said if you are 40 years old and are still a socialist you have no brain.
When you're 20 and you're listening to the advertising for socialism, what does it say?
We're all going to have health care, we're all going to have education, we're going to live together and everyone will share everything and we're all going to sing kumbaya and socialism is wonderful. When you're 20 you're idealistic. You want everyone to love each other.
Now that you're 40, where is all that health care, education, licensing, registration fees, taxes, and all your money going? To the wonderful causes. And guess what? You're broke. Where did the money come from to pay for all this? Well, government. Where did the government get it from? FROM YOU!
-In the 1800s, someone asked Karl Marx what he would need if he were to start his own coummunist country from the ground up, from scratch, from nothing. What would you need o have in order to make this a perfect communist government? The communist manifesto is the answer. Read it, not because I want you to be a communist, but because I want you to know how they are attacking you! The communist manifesto features ten steps to get a pure utopian communist government.
Step one, by the way, is abolition of private property.
No property, no rights.
If I start a government where I say "I'm going to take all your rights away," how many people will you get as volunteers?
Communism is evil. It's not a personal opinion. It takes away your rights.
The other 9 planks are basically ways to keep taking your property. The second plank is a progessive income tax. The more you make, the higher the percentage taken out of your pay.
3rd is abolition of all rights of inheritance. The government gets half of your money when your parent dies. Why? What did they do to get half?
4th confiscation of all property of emigrants and rebels. You can't leave the country with more than 10,000 dollars.
5th A central bank. Federal Reserve.
here is a referrence for all 10 planks and what they mean.
http://www.libertyzone.com/Communist...to-Planks.html
10 out of 10 of the planks are in the United States now. Are you glad to be living in a communist country?
(Michael Badnarik has a dvd of the 10 planks in detail which you can get in contact with him through his website)
END OF PART 2 ON GOOGLE VIDEO
Part 3
---------
THE FOUNDING DOCUMENTS
A crash course in American History.
-People came to the new world and started setting up their houses and documents here.
They were English. They were proud to be English. The King started laying taxes.
He needed money because he was fighting France and Spain. So he says, wow I've got all this land I own in North America. I'll tax the people living there. Eventually we got tired of taxation without representation. You're taking all our money and we don't have a say in what it's being spent on and you won't allow us a seat in Parliament to vote.
Eventually we wrote the Declaration of Independence. We are not going to be English
anymore. We will sever all ties and have no allegience with the crown.
The Declaration of Independence was not the start of the fighting. The fighting had been going on prior to that.
-1775 British soldiers come to Lexington and Concord to take all of our guns. Why? Well you can't resist if you don't have guns. We want to collect them all from you. The Americans said no, and we ended up firing the shot that was heard around the world.
A year later we formalized the war through the Declaration of Independence.
The end of the revolutionary war came by the Treaty of Paris. Why Paris? Because you want a neutral place, somewhere that's not yours and not mine.
-The Treaty of Paris is more like a divorce paper. It's a divorce from England. We got property. What did England get? They get to come here and sell their products.
-While we were fighting in the Revolutionary war we didn't have the Constitution. We had the Articles of Confederation.
united states, spelled lowercase in the declaration of independence legal document, is a unanimous union among 13 sovereign states.
-We did not kick butt in the revolutionary war. We won 2 battles. We ran away most of the time. We didn't win. We just refused to lose. King George was fighting France and Spain and thought we were annoying.
-The French and Spanish loaned us money to fight King George of England. The war was won. Now France and Spain want their money back after war.
Washington could only ask the states for the funds, he could not make demands under the Articles of Confederation. None of the states were paying their fair share.
Each one of the new states was an independent country.
They each kept printing up their own money until they printed so much that it become worthless. If people do not take money as payment for goods and services, the economy stops. The states had to reconvene at Philadelphia to try to edit the Articles of Confederation to find a good monetary system for all the states.
-They didn't modify the Articles of Confederation. Instead, they threw it away completely and started all over again from scratch. They came up with the Constitution.
There was constant fighting.
There were two main groups: Federalists & Anti-Federalists
Federal: of or pertaining to a compact or league, especially a league between nations and states. It's a club. A Federal government is many.
National: of or pertaining to or maintained by a nation as an organized whole or independent unit. A National government is one.
-In the early stages of our country we talked about our country as These united states, as in plural. Now, we talk of it as The United States, singular i.e. a nation.
-Alexander Hamilton and his supporters wanted a National government. He wanted a strong central government. He knew the people would not vote for a strong central government after just fighting off the strong central government of King George so him and his group called themselves the Federalists, which means the many group of nations. He called his groups federalists, while he was really a nationalist! Switching the definitions to confuse the people.
Hamilton was a monarchist. He did not like King George, but he did like the idea of a King. He wanted to have the English system brought to America i.e. their own King, House of Commons, Parliament etc. He actually asked George Washington to be the first King.
Hamilton and his supporters wrote the Federalist Papers. (nationalist)
-Thomas Jefferson (PATRICK HENRY) and his supporters wanted the Federal way, but Hamilton had stolen the name and the definition it implied so he was compelled to name his group the Anti-Federalists, which to the people meant the Nationals of central government, even though the Anti-Federalists wanted a Federation!
Before the Constitution was even written, you can see our politicians were already lying to us. It's also interesting to note that the Federalist Papers are cited much more often than the Anti-Federalist papers. It should come as no surprise that state's rights do not mean very much in this day and age because the weights were tipped to begin with.
Patrick Henry and his supporters wrote the Anti-Federalist Papers. (federal)
Read both.
-The Constitution was written as a response to the inflation caused by all the money being printed.
Signed Sept. 17, 1787 CONSTITUTION DAY
All 13 states ratified it, only 9 were required. It was ratified in 1789, the same year as the Bill of Rights.
Why was the Bill of Rights written? For further limitations on the government. Ratified in 1791.
THE CONSTITUTION
The Preamble- Statement of purpose
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.
-One thing to notice is that they wanted to establish a MORE perfect Union. That means there was already a Union. The Articles of Confederation.
-Notice that the term These United States is not present. The United States is acknowleged and as seen before, is singular and therefore a national government instead of the federation the people wanted.
-Remember, we have the rights, they have have the privileges.
The Constitution of the United States and of each state is a political trust. Who wrote the trust? The founding fathers. What did they want to give us? Liberty and security. Everyone who goes into office after them swears on the Constitution to preserve it and your rights. It's their responsibility to preserve your rights, it's not just a good idea. They are liable for perjury and treason if they pervert or violate the Constitution. Perjury is punishable by imprisonment, treason by death.
-The Constitution was set up to act as a negative authority. It wanted to place as many limits as possible on government so that it could not violate our rights. The founding fathers set up a system of checks and balances. The 3 branches of government are the judiciary, legaslative, and executive branches. We want to make sure that they don't have too much power so we separate them.
Article 1 Legislave
Why two houses?
Senate represents all states equally in votes by giving each state 2 votes.
House of Rep. represents votes by population.
Article 1 section 2 clause 3
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
The ten years remark is the census. The census determines the number of seats available in the house of representatives and taxation.
George Washington wrote the first executive order and they are for the people who work at the white house: order more paper & ink....not seize control of all modes of transporation.
-----------------------------------
Common Law ---- based on property
criminal cases (violation of property)
civil cases (promise of word)
Due process: common law, equity law, and admiralty law
Equity Law ----------based on fairness
Admiralty/Maritime Jurisdiction-------- no one owns the ocean. law of the sea.
the captain's word is law. law of commerce
salvage rights
ONE OF YOUR RIGHTS IS THE RIGHT TO CONTRACT.
(To be continued at a later date)
 |
 |
| |
Reply With Quote
