Written by W'Lawpsh   

“Justice, Tranquility, Defence, Welfare and Liberty” for We the People is perhaps acquiring a second chance to exist, due to Occupy Wall Street. “We” includes not only those particular people organized as a nation by the Constitution of the United States of America but all peoples of the world who harbor the same intent. The five constitutional objectives are the heritage of the American People and their gift to all Peoples. The meaning of their conjunction and sequence I think is relevant to the renaissance inspired by Occupy Wall Street.

“Justice:” “Truth,” said Ralph Waldo Emerson, “is the summit of being: justice is the application of it to affairs.” The Constitution constituted the judicial branch of government for that purpose. To the political branch it delegated the complementary task of enacting laws in compliance with the Constitution that, according to John Rawls, would serve not justice as applied truth but rather “Justice as political, social and economic fairness.” Constitutional democracy is premised upon the judicial branch’s application of the constitutional truth to affairs, specifically, by declaring void statutes such as the Appropriations Act of 1871 and the War Powers Act of 1973 that substitute a Defence Policy based upon universal sovereignty and war and genocide against foreign Nations and Indian tribes, for the Constitution’s Defence Policy pursuant to the Commerce, Defence and Treaty Clauses, of regulating Commerce for mutual benefit in peace and with respect for each other’s sovereignty based upon mutual consent recorded by treaties or, if justified in self defence, war to repel an invasion of one by another.

“Tranquility” is that quality of life engendered by the judicial branch’s true application of the political branch’s fair laws and, correspondingly, by the judges’ striking down as unconstitutional such of them as neglect to comply with the Constitution’s objective of true and fair justice. Tranquility is peace and quiet. It is the condition of being that the People attain when their judicial and political branches are true to their own delegated tasks. It does not exist when, as with the Appropriations Act of 1871 and War Powers Act of 1973, the political branch pretends the Constitution’s commerce clause asserts “plenary power” i.e. sovereignty over Indian tribes and foreign Nations; nor when the judicial branch presumes to legitimize that legislation in willful blindness to the commerce, defence and treaty clauses’ previously settled respect for the sovereignty of Indian tribes and foreign Nations. The excess and abuse of jurisdiction by both branches substitutes the anxiety of war for the tranquility of peace.

“Defence” is the extension of Justice and Tranquility from domestic affairs into the realm of foreign affairs. The Constitution’s Commerce, Defence and Treaty Clauses read together, as was done by their constitutive interpretive precedents, signify the People of the United States authorize their government to regulate trade with foreign Nations and Indian tribes but not to trespass on their lands unless pursuant to a treaty with them or, alternatively, a war in self-defence to repel an invasion of the United States by them.

“Welfare,” according to Wikipedia, the free encyclopedia, “refers to a broad discourse which may hold certain implications regarding the provision of a minimal level of wellbeing and social support for all citizens without the stigma of charity….In the end, this term replaces "charity" as it was known for thousands of years, being the act of providing for those who temporarily or permanently could not provide for themselves.” I think that is what “Welfare” within the meaning of the Constitution’s 4th value means. The ordinary meaning.

“Liberty” is what “We the People” have in virtue of being in control of our Constitution by means of which we limit the power of our political branch to those powers only that explicitly it delegates. Total reliance for the protection of the People’s sovereignty was delegated to their Supreme Court. Protection consists of the Court fulfilling its Original Jurisdiction Clause Duty. Pursuant to that duty the Court must answer the Mahican and Mi’kmaq Tribes’ public Ministers’ constitutional question of jurisdictional law alone of Indian tribal sovereignty under the Constitution’s Defence Policy of peace and respect under the Commerce, Defence and Treaty Clauses, as opposed to the conflicting and therefore unconstitutional and void Defence Policy of the unconstitutional empire that has supplanted the constitutional democracy in virtue of the judicial application of the war and dictatorship Defence Policy of the People’s treasonable political branch, aided by the willful blindness of the judicial branch to Appropriations Act of 1871 as against Indian tribes and as against foreign Nations by the War Powers Act of 1973.

The Case restricted to that purpose is being obstructed with apparent impunity by the Clerk of the Supreme Court. By obstruction at the entry level the Justices evade their Original Jurisdiction Clause Duty to serve as the People’s constitutionally designated independent and impartial third-party adjudicator with regard to sovereignty disputes (boundaries and jurisdictions) involving foreign Nations and Indian tribes. 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 invokes the Supreme Court’s Original Jurisdiction Clause Duty. The Clerk, going far beyond his restricted duty to reject for wrongly formatted Cases by rejecting it on the judicial ground the federal legislation cannot be challenged by an Indian tribe or “an Ambassador or public Minister” of an Indian tribe because the Appropriations Act of 1871 outlaws Indian tribes. This administrative obstruction is the precise modus operandi that replaced constitutional democracy 1789-1871 with unconstitutional empire 1871-2011. The internal government system of Court Clerks so easily obstructs the constitutional question and thusly establishes the governance under the unconstitutional federal legislation. See, Record & Background, Available at: http://mightisnotright.org/.

That Case presents an opportunity for the reinstatement of “Liberty” based upon “Justice, Tranquility, Defence and Welfare” by means of the Supreme Court of the United States lifting its Clerk’s obstruction of the Court’s Original Jurisdiction Clause Duty forthwith to adjudicate the constitutional question of jurisdictional law alone of Indian tribal sovereignty raised by 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. When that constitutional question is adjudicated by that Court the People’s constitutional democracy will have been reinstated for the first time since 1871. The Court’s duty was asserted and settled by the Court in Marbury v. Madison (1803).

It must either do that duty by reinstating constitutional democracy by answering, with reasons, the constitutional question or, alternatively, be seen by ‘We the People” to commit treason by “giving Aid and Comfort” to the “Enemies:” those who would evade the Commerce, Defence and Treaty Clause foreign policy of peace and respect, and thereby establish and maintain unconstitutional empire in place of the constitutional democracy the Court exists to protect.

If this adjudication were to occur the Occupy Wall Street idea would gain the one ally it absolutely has to have to hope to succeed: the Supreme Court. With it on side the political branch must successfully and permanently reform itself pursuant to each Congressperson’s, the President’s and every Judge’s sworn or affirmed constitutional duty. The conjunction of Supreme Court agreement with grassroots’ opinion can reinstate constitutional democracy’s way of justice, tranquility, defence, welfare and liberty in place of the current way of the elite’s war mongers who run their unconstitutional empire to gain the money and power from the wars and genocides that throughout history have been every empire’s modus operandi.

So Occupy Wall Street people and everybody else who is not able to be there with you but is rooting: please fully be conscious of the judicial branch’s power of veto, or encouragement; and, therefore, of the urgency of asking the judicial branch also to hear the message that their duty, just like everybody else’s, is to support the Constitution’s intent of “Justice, Tranquility, Defence, Welfare and Liberty” for all. Many of the guns and beating sticks that must be stood down will harken to the Occupiers’ message when it has been confirmed by the Supreme Court. The political branch will comprehend that restoring constitutional democracy is not an option but a compelling necessity. The judiciary has the power and responsibility to ensure political reform can be enabled that will be structural and permanent as opposed to cosmetic and ephemeral like always before.

The tribes involved in the obstructed Indian tribal sovereignty Case send to you their respect and love. Back in 1776 the Mi’kmaq tribe of the particular nation that contracted by treaty with Massachusetts on behalf of the United States at the invitation of George Washington and the Continental Congress, to fight beside them, did, mortally. The tribes have you in their minds as must everybody who can hopes that constitutional democracy can be.