Written by W'Lawpsh   

It is apparent from reading the comments and articles published by Reader Supported News that We the People know somewhere along the line their constitutional democracy ceased being either constitutional or democracy and, instead, was transformed into empire under the control of an oligarchy—the very thing the Declaration of Independence and the Constitution were intended to preclude—without a constitutional amendment to justify the transformation.

The TRANFORMATION

FROM:

The declaration’s recognition that “all men are created equal” and the constitution’s expressly proclaimed intent to establish “Justice, Tranquility, defence, Welfare and Liberty” based upon peace with respect for the territorial sovereignty of foreign Nations and Indian tribes, as stipulated by the commerce, defence and treaty clauses.

TO:

The imperial values of exponential growth of money, power and global territorial sovereignty by means of war and genocide to gratify the elite’s pathological belief that its superiority over ordinary people justifies its entitlement to obscene excess at the cost of their impoverishment, as authorized and set in motion by the federal imperial statutes Appropriations Act of 1871 and the War Powers Act of 1973.

THANKS TO OCCUPY WALL STREET EVERYONE KNOWS THIS NOW: THE TRUTH IS SET FREE.

The empire is impregnable head on, and more ruthless than a sane human fully can comprehend, until the blood is seen flowing and the screams from torture heard night after night in the prison that once was the land of the free. And so the challenge is to find the means to stop the elite unleashing the dogs of war against We the People, as they have against foreign Nations and Indian tribes. The means is this: to focus on the empire’s supply lines—of which there are two.

What is being supplied is the profit that accrues to the elite from perpetual war. What keeps the money flowing is Congress and the Supreme Court: Congress by enacting and maintaining the two federal imperial statutes pursuant to which the wars are fomented and waged; the Supreme Court by obstructing and ignoring the constitutional question of the manifest unconstitutionality of those statutes.

Constitutional democracy died not when Congress declared the war of extermination in perpetuity against the Indian tribes, but when the Supreme Court perfected this treason; specifically, by instructing its Clerk to return-to-sender any Cases submitted by Indian tribal ambassadors and public ministers under the constitution’s original jurisdiction clause. That particular clause exists for the very purpose of protecting the sovereignty of foreign Nations and Indian tribes against imperialism. The war of Independence was fought for the express purpose of forever precluding not just British imperialism but all imperialism as an inherent and irredeemable evil.

The Congressional declaration of war to eradicate Indian tribal sovereignty specifically took the form of the Appropriations Act of 1871, 25 United States Code §71¶1 and 28 United States Code §1251¶(b)(1). The first codification ostensibly abolished the tribes’ previously established sovereign power to contract treaties with the United States pursuant to the constitution’s treaty clause (except for the fact it didn’t comply with the amendment clause and so is null and void rather than a valid constitutional change). The second abolished the tribes’ previously established constitutional remedy to object to the first (except for the fact it didn’t also comply with the amendment clause and so is also null and void rather than a valid constitutional change).

Regardless of the obvious unconstitutionality of the repeal of the tribes’ constitutional right and remedy the genocidal fact is, whenever a tribe submits a Case under the Supreme Court’s original jurisdiction clause the Clerk of the Court refuses to file it on the ground that the federal imperial statute being challenged can’t be challenged because it says it can’t. This pathetically transparent, manifestly fraudulent and obscenely genocidal Catch-22 has the secondary constitutionally impossible result of effectively repealing the cornerstone precedent that established the inviolability of the essential principle of judicial review settled by the superprecedent Marbury v. Madison, 5 US 137 (1803).

The second federal imperial statute, the War Powers Act of 1973, 50 United States Code §1541, abrogated the sovereignty of foreign Nations if the President, in his unfettered discretion, should feel the presence of a threat to the economy of emergency proportions. He supposedly (except for the fact the statute is unconstitutional) can then declare and wage war to exterminate the threat. Which is to say, do the same thing to foreign Nations as to Indian tribes, and for the same reason: the profit of the elite.

Two supply lines. One protected by the Supreme Court. The other protected by Congress. We the People are unarmed. Congress and the Court bristle with weapons of destruction aimed at the masses of this world. We the People consider their killing and torturing unacceptable and intolerable conduct. There are no inferiors. All men are created equal. Even if the People were willing physically to fight to defend their constitution, they won’t do it by means of the brutal arts the elites have been perfecting for all of recorded history. Ordinary folk toil to survive while supporting the elite in the luxury it believes is its birthright: an inalienable right of superiority and an assumed right to kill not in self defence and without any due process, as was so arrogantly, brutishly and laughingly celebrated by Hillary Clinton’s paraphrasing of Julius Caesar (http://www.informationclearinghouse.info/article29472.htm#.TqI8Y77CnBk.email): “We came, we saw, he died.”

And so the first implementation of the energy of Occupy Wall Street, if the Occupiers were to agree, might consist of a petition or petitions inundating and compelling Congress to repeal the federal imperial statutes. Secondly the petitions could suggest, in the alternative, that Congress may prefer to inaugurate the process of constitutional amendment so as to make constitutional amendments possible by referendums or petitions directly approved by We the People. Thirdly is litigation. The fastest and most direct route to a Court solution would be to get behind the Case of Mahican Tribe and Rick Vanguilder and Mi’kmaq Tribe and Gary Metallic v. Canada, France, Netherlands, Portugal, Spain, Russia, United Kingdom and United States.

That Case presently is being obstructed by this generation’s Clerk of the Supreme Court because it raises and indeed is restricted to the constitutional question of the prima facie unconstitutionality of the federal imperial statute the Appropriations Act of 1871. Since that statute rests upon the same non-existent constitutional foundation as the second federal imperial statute the War Powers Act of 1973, the answering of the constitutional challenge to the first by necessary implication of law alone takes care of the second. .

A slower but nonetheless complementary way is to commence hundreds of cases in lower courts across the country adopting the legal proof already recorded by the Indian tribes’ Case at http://mightisnotright.org/. This would be simplicity itself; merely a matter of cross-referencing and then appealing when the lower courts refuse to see the constitutional question, the ground of appeal being they didn’t answer the question. Eventually the Supreme Court can be inundated with Cases asking the same constitutional question. And if neither Congress nor the Supreme Court will yield to the People’s respectfully tendered wish to reinstate constitutional democracy then the decision will have taken whether once again to raise the cry of “Give Me Liberty, or Give Me Death.” In that event only a fool would underestimate the personal courage of the American People and their love of their constitution. Although the imperial rulers may be insane with self love, it is not certain they are fools. If and when they see the People mean it, that the decision has been made, they will give the People back their constitution for the constitution belongs to them. And, if they do not, their foot soldiers with the guns may refuse to fire them, for the constitution belongs to the ordinary soldier no less than to the ordinary People of which they are a part.

We the People neither carry weapons in this cause nor harbor any intent or anticipation in future of doing so in order to apprehend the treason-in-progress of our government and the elite it unconstitutionally serves; even though, legally, Amendment II of the constitution affirms “the right of the people to keep and bear Arms” and, factually, no intent is more pure and justified than the will of the people to defend against their government’s violent substitution of its own unconstitutional empire for the People’s constitutional democracy. We rely upon peaceful assembly and protest, upon reason, upon petitions and upon court applications and some upon prayer to remedy our government’s breach of its constitutional duty. We trust in our great numbers, good hearts and loyalty to the constitution to persuade our government to return to the constitutional way and, in the meantime, to keep us safe from the beatings, incarcerations and killings that are the unconstitutional empire way. Though the internment of the land of the free has begun it is not dead but only in a deep sleep so long as its twinned quality as the home of the brave still lives. Occupy Wall Street give assurance it does. And there is reasonable and probable cause for hope for the rise of constitutional democracy’s anti-imperial aspiration of Justice, Tranquility, defence, Welfare and Liberty for all, with imperial injustice, war, aggression, contempt and domination for none.