- The two U.S. Constitutions…
- A Constitution so alive it’s practically dead…
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Dear Reader,
With inexpressable regret I bow my head in contrition… and confess:
I failed to observe Constitution Day this week.
The holy day fell on Wednesday, Sept. 17. And it eluded my notice.
Today I attempt atonement.
Let us then reflect upon the Constitution of the United States — or rather the Constitutions of the United States.
Here I refer to the Old Testament Constitution… and the New Testament Constitution.
The Same, But Different
The Old Testament constitutional text remains, it is true. The original procedures and formalities remain.
The constitutional republic has its three branches of government. It has its official separation of powers.
It has its protocols and decorums.
That is, the Constitution’s skeletal structure is intact.
Yet take a scalpel in hand. Knife your way through the outer layers… past the intermediate tissues… to the innards, to the vital organs.
There you will discover astonishing discombobulations of the bodily processes.
The heart breathes oxygen, the lungs pump blood. The kidneys digest food and the liver thinks thoughts.
The appendix assumes the powers of the spleen and the spleen is reduced to an appendage.
On What Constitutional Authority?
I lift my pocket Constitution from my breast pocket, where it is permanently stationed — near my heart — a heart that pumps the reddest blood.
I consult Article 1, Section 10, Clause 1 of the United States Constitution, which reads, in part that:
“No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts.”
Is there a state today that accepts gold and silver Coin a Tender in Payment of Debts?
Next I thumb to Article II, which limits presidential powers to:
Signing or vetoing legislation. Ordering around the military and naval forces. Requesting the written opinion of his Cabinet. Convening or adjourning Congress. Granting reprieves and pardons. Receiving ambassadors.
Thus 98% of a modern president’s doings are not constitutional.
Examples of constitutional derangement multiply and multiply.
The Old Testament Constitution
The Old Testament Constitution is the “government shalt not” Constitution.
The New Testament Constitution is the “government shall” Constitution.
The Old Testament Constitution represents what the legal men term a “charter of negative liberties.”
It binds and shackles the federal authority. It throws up a cordon around it.
What is the Bill of Rights but a charter of negative liberties?
Congress shall make no law… shall not be infringed… The right of the people to be secure… No person shall be… the accused shall enjoy the right to… shall not be construed to deny or disparage (other rights) retained by the people.
The New Testament Constitution
But the Old Testament Constitution has yielded to the New Testament Constitution over time, a process vastly accelerated during the Great Depression.
The needs of the day — we are told — required an energetic, centralizing government… busy on ever-expanding fronts.
The Great Society legislation of the 1960s was perhaps the New Testament Constitution’s high moment, its apotheosis, its grand culmination.
Every last detail of American life is presently subject to New Testament oversight, supervision and regulation.
That is, the New Testament Constitution rotated the Old Testament Constitution upon its head.
Under the Old Testament, the people looked after the government.
Under the New Testament, the government looked after the people.
Government That Does for You Must First Do to You
Yet the government that does on your behalf is the government that vandalizes the Old Testament Constitution, ransacks the Treasury… and shatters the domestic peace.
That is, government generally assists society the way a hammer assists a nail. It assists society the way a leech assists the blood.
It assists society the way a termite assists a house.
Perhaps the business was inevitable.
The “parchment barrier” of the Old Testament Constitution could never restrain men determined not to be restrained.
As 19th-century individualist Lysander Spooner lamented, in devastating fashion:
- Whether the Constitution really be one thing, or another, this much is certain — that it has either authorized such a government as we have had, or has been powerless to prevent it…
Can you argue against it?
What Happened to the Amendment Process?
The Old Testament Constitution could be updated and revised through the amendment process.
Yet the last amendment to the United States Constitution — the 27th Amendment — was stenciled in over 30 years ago.
That amendment process has been co-opted by the high priests and priestesses of the New Testament Constitution — the Supreme Court.
It is they — and they alone — who interpret scripture.
The abstruse and nuanced legal insights of these clergy are beyond my slender abilities to appreciate.
The “penumbras and emanations” glowing from the constitutional text are visible to them. They are invisible to me.
That is, I am incapable of distinguishing Article I from Article II or Article III. I am incapable of distinguishing “shall” from “shall not.”
Thus I am disqualified from service upon the Supreme Court of the United States.
Yet the clergy has blown so much life into the Constitution, so much vitality… the thing is so alive… it is nearly dead.
Soft Elastic
New Testament beatitudes have displaced the Old Testament injunctions.
Authors Bill Bonner and Addison Wiggin, from their Empire of Debt:
- The United States Constitution is almost exactly the same document with exactly the same words it had when it was written, but the words that used to bind and chafe have been turned into soft elastic.
- The government that couldn’t tax, couldn’t spend and couldn’t regulate can now do anything it wants. The executive has all the power he needs to do practically anything. Congress goes along, like a simpleminded stooge, insisting only that the spoils be spread around.
And so we have a nation — a supposed republic — sunk $37 trillion in debt.
Happy belated Constitution Day!
Regards,
Brian Maher
for Freedom Financial News
