This article was featured on The Perrin Lovett Show (with usual amateur production, etc.).
The United States Constitution sets forth a very few enumerated powers for the federal government – 18 to 30 or so, depending on how one reads the text.Several others could be imagined given a certain degree of lucidity. The modern law and political crowd obviously has a very vivid imaginations.
“Our” government now involves itself in literally everything. The pretense of following the Constitution was long ago dropped in favor of a do-all, end-all, all things for all people nanny state. This proves, as Lysander Spooner noted toward the end of the 19th Century, the abject failure of the Constitution. Either it enabled the growth and development of the current system or it was powerless to prevent it. Either way a lost cause for the liberty-minded.
Amongst those few, ancient powers were the prohibition and prosecution of but three specific crimes. Others, a few, could, again, be imagined based on the surrounding text.
Insanity, rather than imagination, best describes the current vast expanse of federal criminal “justice.” Today there are something like 10,000 crimes in the federal code – not all of them are even contained in Title 18, criminal laws. If you have a system where laws escape their designated place, you then have a problem. Worse, the various federal administrative agencies – none of which are found in the Constitution – write a bazillion regulations every year. Many of these carry quasi-criminal penalties.
One gets the idea that any and everything is illegal in America. It is. Possessing a “short” lobster is illegal. Owning a flower banned by a foreign government is illegal. Installing a toilet with a decent sized water tank is illegal.
Few of these laws were enacted to preserve order or to protect the public. Rather, they are intended to promote the government’s over the populace. The people seem to approve. That is, until they find themselves on the wrong side of a federal courtroom.
The average American commits three felonies a day – usually with no intent. Most of these go unprosecuted. Most are never known. Even if a violation is disclosed it is rarely acted upon. It would be impossible to persecute 300 million citizens on a regular basis. Unnecessary too. Prosecution is selective at best. It’s designed to make examples to keep the people in line.
Again, it started out with but three crimes. All the rest were left to the states for enforcement by statute or under our English heritage of common law. While a few cases of the three original varieties occasionally come up, these crimes are almost completely committed, these days by the government itself.
“The Congress shall have the power …To provide for the Punishment of counterfeiting the Securities and current Coin of the United States.” U.S. Const., Art. I, Section 8.
You, dear reader, must be familiar with the concept of the counterfeiter. It’s some dude in a basement with a press and green ink or a high-end color copier, who manufactures fake twenties for use at the supermarket. This does happen. However, it is dwarfed by the scheme enacted by the government in 1913 through the Federal Reserve Act.
That Act created the modern central banking system. One of those thirty or so enumerated powers in the old parchment authorized only Congress to create currency. Said currency was to be based only upon the determined value of gold or silver. It was thus real money, linked to something of intrinsic value.
Via the Act Congress abdicated its authority to a private banking cabal. They were literally given a monopoly to print money. A tenuous link was, then, in place which, on the surface, to the Constitution and the gold standard. The Act’s original language stated the new federal reserve notes could be redeemed at any time for either “lawful currency” or precious metals. It was a sly admission the new notes were something other than lawful. Funny almost but deadly.
This cozy arrangement allows the government an endless supply of debt by which to prop up its income tax scheme and bottomless spending. The tax also, conveniently, came along in 1913. Like a plan or something.
The cabal benefits by being able to loan themselves and their friends an infinite amount of money. You may read all about this process, dubbed the “Mandrake Mechanism” in G. Edward Griffin’s The Creature from Jekyll Island.
The downsides for you are several. First, you endure the loss of Constitutional government – lost to a despicable gang of criminals. Second, you loss buying power to inflation. The more of something there is, the less each individual unit is worth. The more money the Fed prints, the less the money you have buys. Prices rise accordingly. Incomes are always the last to increase; they are perpetually behind the curve.
The Treasury still has the ability to print real money in addition to the Fed’s funny notes. The last time it did so was in the 1960s in a bid to boost currency circulation. The gold link was weakened during the great depression (by a Democrat administration) and severed entirely in the early 70s by Richard Nixon (a Republican) (2 parties, remember…).
“The Congress shall have the power … To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations…” U.S. Const., Art.I, Section 8.
This was a serious issue for the young Republic, being tied to European trade. It’s still an important issue. Ask Captain Phillips about piracy in the 21st Century. Again, however, the actions of the central government eclipse anything done by the hook and parrot set.
The government does not roam the seas looking for vessels to raid. Well, actually, they do. Most of their pillaging and plundering is conducted on land though. Piracy is synonymous with stealing. What doesn’t the government steal?
They get your money through taxes, fees, and insidious inflation. They get your flowers, short lobsters, milk, and produce. They get your arms, legs an lives through their endless wars. They get your children with their mandatory non-education system. They get it all. Pipe up too loudly about this theft and they bring out the guns – piracy. Everything, everywhere, everyday.
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason…” U.S. Const., Art. III, Section 3.
With the exception of the “Civil” war the government does not conduct military operations against itself. Sometimes one wishes the opposite. They do occasionally make war on us: whiskey tax protesters, poor coal miners, displaced veterans, Indians, those of Japanese ancestry, churches, etc.
The real crime they commit – constantly – is giving aid to our enemies. Any enemy they can find so long as the free people suffer. Piracy and counterfeiting (see above) are two good examples. Another example is the absolute infidelity to the limits of the Constitution. Yet again, the majority of the people seem okay with the ridiculous overextension of state authority – so long as they get (or are at least promised) some goodies.
A great example from the news of late is the American warfare/welfare policy concerning Islamic terrorism. The military trots around the globe in search of crazed radicals. Rather than defeating them, they stir the boiling pot. This allows for wholesale spending of the fiat money. It also gives them graft to loot. It also angers the hell out of already dangerous peoples.
As if that isn’t bad enough Washington then imports as many “refugees” to the States as it can locate. Screening be damned, they have a Civilization to wreck.
If any outsider attempted such unimaginable terror, it would be considered an act of war. As is, I view it as an act of Treason. The people may not go along with this one much longer. Not when Paris-style theater and sporting outings become the norm. Not when Sharia law emerges from the 7th century into places like Dearborn and Omaha.
What if anything can be done? I think reform is not an option. Many of my conservative friends want a “return to the Constitution.” That means going back to a document that was roundly ignored the first time. At best, it would reset the clock. This time around there’s no assurance the demise (eternal) would take so long to happen. They could just use history as a blueprint.
Congress, the President (any President), and their friends in beaurocracy and banking are non to eager to give up all that power and fun. The Courts have long since rubber stamped the insanity. It’s all okay because of the Necessary and Proper Clause, or the Welfare Clause, or the Santa Clause, or … Just because it just is.
Years ago, during a federal firearms case, I asserted the government’s lack of authority over firearms law as a defense for my client. I moved the court to dismiss the charges for lack of standing. I reminded the judge about Article One enumeration. I waived a copy of the parchment around like a fan. As I spoke there was a stunned silence. Attorneys are not supposed to uphold the law as I did literally.
My motion was denied instantly. My client took a plea deal and voided any chance of an appeal. Any appeal would have failed anyway. Law and order minus the law part.
These are not only my experience. Ted Cruz, whom I’m told is running for President, accessed the White House of ‘Counterfeiting Immigration Documents’
Given what we know about government, they probably did. They’re obviously getting away with it. This was a story about immigration too. Perhaps the merging of Treason and counterfeiting.
Speaking to Fox News following a federal judge’s decision to temporarily halt President Barack Obama’s executive action on immigration, the potential Republican presidential contender said the commander in chief is ignoring federal law.
“One of the things it points out is the president has claimed, rather absurdly, that the basis of his authority is ‘prosecutorial discretion.’ That he’s simply choosing not to prosecute 4.5 million people here illegally,” Cruz told Fox News. “But what the district court concluded, quite rightly, is they’re doing far more than that. The administration is printing work authorizations. It is affirmatively acting in contravention of federal law. Basically, what its doing is counterfeiting immigration documents, because the work authorizations its printing are directly contrary to the text of federal law. It is dangerous when the president ignores federal law.
“We’re not going to disregard this federal court ruling,” Obama said, but he added that administration officials would continue to prepare to roll out the program.
We’re not going to ignore the law, we’ll just not abide by it. To hell with it… That, in a nutshell, is the government. What can be done? Not much right now. For starters though we could all cease to hold the state up on a pedestal of honor. The gallows would be more appropriate. Stop legitimizing the monsters. Shun the long enough and maybe they will go away.
Arrrrrrr. Ye taxes and short lobsters I shall have! Disney.