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writing for godot

We the People v. The Supreme Court. The only conflict that matters

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Written by W'Lawpsh   
Friday, 14 October 2011 09:03
The Beatles — REVOLUTION — Lyrics


You say you want a revolution

Well, you know

We all want to change the world

You tell me that it's evolution

Well, you know

We all want to change the world




Evolution is too slow. What about “rapid-evolution” or “rapidevolution”? The fastest way would be a declaration by the Supreme Court of the United States in the Mahican and Mi’kmaq Indian tribes’ Case (that currently is being obstructed). The declaration will strike down the two federal statutes upon which the unconstitutional empire depends for its existence. The corresponding reinstatement of constitutional democracy changes the standard for political and judicial affairs across the board. From bad to good.

The Judges have only to read the constitutional question previously asked and answered and invited back to the Court by Justice Thomas in 2004 in the Lara Case. The other Judges in that Case did not take notice. Justice Thomas asked how could the denial possibly NOT be declared unconstitutional and void in light of the Treaty Clause. The denial, that is, by Congress’s Appropriations Act of 1871 of the Indian tribes’ sovereignty that rests secure against infringement by the Treaty Clause.

The obstructed Case establishes Justice Thomas’s answer is correct not only upon the basis of the Treaty Clause but upon the strongest possible base: the conjunction of the Commerce, Defence and Treaty Clauses. The Mahican and Mi’kmaq Indian tribes’ Case requires the Judges to account in their written Reasons for Judgment for the words of the Commerce, Defence and Treaty Clauses as settled by the precedents that establish the constitution’s express intent is Justice, Tranquility, Defence, Welfare and Liberty in peace based upon respect for the sovereignty of foreign Nations and Indian tribes.

That set of clauses is the reason the United States constitutionally can regulate trade with the Mahican and Mi’kmaq tribes subject to staying out of their territories except upon consent recorded under the Treaty Clause or, if either or both were to invade the United States, the United States can retaliate. Regardless of that constitutional law the only "law' that gets applied is the policy of war with contempt for the sovereignty of foreign Nations and Indian tribes.

The Mahican and Mi'kmaq tribes both have treaties (1724 and 1776) that recognize their sovereignty and its constitutional right to protection. Even if the Appropriations Act of 1871 were immune to constitutional question (which self evidently is absurd and perverse and impossible), the statute itself exempts from its operation Indian tribes with pre-1871 treaties. The Clerk applies the statute even to the exempted tribes.

Treason is “adhering to their Enemies, giving them Aid and Comfort.” “Enemies” includes Judges who instead of doing their judicial duty of serving and protecting constitutional democracy by upholding the supremacy of the Commerce, Defence and Treaty Clauses over the Appropriations Act of 1871, do the reverse. By obstruction. Not with Reasons for Judgment.

Another set of “Enemies” are the emperors of the unconstitutional empire. They demand and get the unconstitutional political policy of war and genocide by means of the U.S. Supreme Court's obstruction and ignoring of questions challenging the federal imperialist statutes: the Appropriations Act of 1871 (Indian tribes) and the War Powers Act of 1973 (foreign Nations).

But why is the entire political branch such a willing accomplice? Perhaps each member or officer feels the Appropriations Act of 1871 and the War Powers Act of 1973 are constitutional until the US Supreme Court says otherwise. It is a legal argument. I do not know whether it is valid. Sometimes I think the constitution is too clear to permit a person who swears an oath to uphold it to say federal statutes that obviously conflict are the law until the Supreme Court takes action.

War and genocide have since 1871 ruled in place of peace and respect because the underlying conflict is We the People v. The Supreme Court. We the People are not at this time sovereign because the Supreme Court has usurped sovereignty. The constitution did not anticipate a judicial counter-revolution. Nevertheless, that is the problem.

The constitution anticipated the perennial and inevitable allure of political counter-revolutions to re-establish imperialism. As Chief Justice Marshall explained in Marbury v. Madison in 1803 the constitution dealt with the political threat to its own existence by constituting the U.S. Supreme Court as its champion. The Court was designed to save and continue the sovereignty of the People by declaring void statutes that conflict with the People's constitution, which by restricting the power of government to peace with respect precludes the federal imperial statutes' policy of war with contempt for the others' sovereignty.

The constitution does not contain a fail safe device to take care of the present crisis in human and planetary affairs caused by the treason of the U.S. Supreme Court. No institution exists to which to turn. Occupy Wall Street like Occupy Madrid or Occupy the World can draw attention to the fact the People of all the former constitutional democracies of the current American empire are powerless to remedy the yoke of imperialism placed upon their necks by the Court at the imperial center.

This is why I am pleading for others to let the Judges know the People know and want them to save constitutional democracy by answering Justice Thomas and the Indian tribes' question.

The Court must declare void the Appropriations Act of 1871 and the War powers Act of 1973 since they are the federal imperial statutes. They inaugurated the unconstitutional empire's policy of war with contempt for sovereignty of foreign Nations and Indian tribes.

The Judges need to know you know those statutes conflict with the commerce, defence and treaty clauses' policy of peace with respect for the sovereignty of foreign Nations and Indian tribes.

Until the U.S. Supreme Court strikes down the Appropriations Act of 1871 and the War powers Act of 1973 the unconstitutional empire will continue to rule through those statutes. Until that declaration has been made the People are not yet killed or beaten more than they are only because the emperors are confident the People do not constitute a threat to the empires' amassing of money and power.

This position is precarious and unsafe and becoming more so. But if the individual Judges are informed the People know then the Judges may serve justice as the application of the truth to affairs. The constitution entrusts that task to the Judges of the Supreme Court of the United States. The constitution intends the judicial reinstatement of constitutional democracy by means of the rule of law.

The practical objective can only be: to obtain that declaration before the military industrial money complex decides upon the basis of some big lie or set of them to crush peaceful resistance. Certainly it will not be allowed to grow beyond a point of no return from the emperors' perspective. And as the pressure builds the political branch will remain powerless. Its position is that only the Supreme Court can dismantle the empire. Only that Court has jurisdiction to answer the constitutional question of whether the federal imperial statutes are unconstitutional and therefore null and void.
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