Written by W'Lawpsh   

Re: Noam Chomsky, “Can Revolutionary Pacifism Deliver Peace?” RSN, November 5, 2011, http://readersupportednews.org/opinion2/287-124/8264.

No one does American imperialism better, from the cutting of its teeth on Indian Tribes under the authority of the first federal imperial statute of 1871, to picking out the bones of foreign Nations under the second of 1973.

I just wish I could get him to notice and publicize the “Pacifist Rule of Law Way” to terminate imperialism most quickly and painlessly. There is such a solution ready to hand. But it is obscured by the brilliance of the light shone upon the problem.

At the bottom of it all is the simple fact that the Constitution protected its supremacy against the political branch’s usurpation of the imperial power to disregard the territorial sovereignty of foreign Nations and Indian Tribes. “Imperial power” signifies the “might is right” entry upon the sovereign territory of foreign Nations and Indian Tribes without complying with the treaty and defence clauses.

The Constitution protects itself specifically by imposing the original jurisdiction clause duty upon the US Supreme Court to uphold the supremacy of the anti-imperialist commerce, defence and treaty clauses against the federal imperial statutes. Imperialism exists in practice only because since 1871 the US Supreme Court has obstructed and ignored this duty. Correspondingly, constitutional democracy under the rule of law can be reinstated only by the performance of this duty.

An Indian Tribes’ Case is pending that requires the US Supreme Court to perform this particular duty at the request of “Ambassadors, public Ministers and Consuls of Indian Tribes” that are “affected” within the meaning of the original jurisdiction clause by the federal imperial statutes’ repeal of their government’s previously established constitutionally protected status of Indian Tribes in a mutually sovereign constitutional relationship, as confirmed by the Indian Treaties of 1724 and 1776 by Massachusetts in right of the United States.

The Case-Under-Obstruction demands performance by the Court of its original jurisdiction clause duty to protect the territorial sovereignty of the United States, States, foreign Nations and Indian Tribes by enforcement of the anti-imperial commerce, defence and treaty clause law of the Constitution by declaring null and void ab initio the two federal imperial statutes.

The Court Clerk refuses to file the Case on the ground that since the statute under attack abolished Indian Tribes they therefore can’t be heard to attack it.

The Case documents the constitutional legislation and precedents that constitute the “law” within the meaning of “constitutional democracy under the rule of law.” The law obligates the Court to uphold the supremacy of the Constitution by declaring null and void ab initio the conflicting federal imperial statutes.

If the quest of revolutionary pacifism is to deliver peace the fastest and least painful way to go is the pacifist rule of law way——of restoring the Constitution’s intent of Justice, Tranquility, defense, Welfare and Liberty in peace based upon respect for the territorial sovereignty of foreign Nations and Indian Tribes pursuant to the anti-imperial commerce, defence and treaty clauses——by means of the US Supreme Court doing its duty of letting constitutional democracy live on the ashes of unconstitutional empire.

The empire stands on two pillars.

Topple one and down will come empire.

Particulars of the Indian Tribes’ Case are available at their Website, “Might is Not Right” .