Written by W'Lawpsh   

The great republic started off life as a two adjective democracy: constitutional; representative. “Constitutional” was supposed not only to guarantee ordinary people won’t turn into a mob that out of jealousy cuts the heads off privileged people but, also, to ensure that the privileged don’t mistake it for a right and set about exceeding and abusing it. The constitution identified its legislative intent as “Justice, Tranquility, defence, Welfare and Liberty.” Secondly the political and judicial branches of government have no powers other than those expressly and explicitly delegated to them by the constitution. In sum the government is to implement that intent without either exceeding the powers delegated, or abusing them.

“Representative” accommodated the fact that getting the opinion of each individual person before taking a decision on behalf of them all is not efficient, at least when the informing of the public and the gathering of its informed consent is slower than sometimes is in the national interest. In 1789 illiteracy was common. And the speed by which written messages could travel was constrained by the time it takes to walk or ride a horse. Sending off representatives in the hope they would do their duty to uphold the constitutional values was the way it had to be. Still representatives once in power can sell their power for ends that conflict with the values. Privileges for example can be converted into rights and they will stay rights so long as the U.S. Supreme Court does not declare the conversion unconstitutional.

And that was the constitution’s fatal flaw: its exposure to being replaced by an unconstitutional empire with contrasting values and government powers so long as the U.S. Supreme Court would obstruct and ignore the Federal Imperial Statutes. And it did, and is. Although a “constitutional” era existed 1789-1870 since 1871 we have been in the historical era of the unconstitutional empire. The constitution’s values have been reversed and peace with respect for others’ sovereignty replaced by war and dictatorship. This altered state of affairs is due to the obstruction and ignoring by the U.S. Supreme Court of the constitutional question of the Federal Imperial Statutes.

Bowing to the Court the “representative” aspect also changed over, to serving and protecting the values, wars and genocides for the profit of the emperors of the unconstitutional empire put and maintained in power by the Court’s willful blindness to the constitution. “Constitutional representative democracy” failed the People because the Supreme Court failed the constitution and, therefore, restoration of any kind of democracy based upon the rule of law can best begin with the Court addressing the constitutional legislation and precedents answering the question.

David DeGraw in his concise history of Occupy Wall Street identifies as one key document the “OpESR Communication #1” of March 12 (“How Anonymous, the NYC General Assembly, US Day of Rage, Adbusters and Thousands of Individual Actions Led to the Occupation of Liberty Park and the Birth of a Movement,” AmpedStatus.com, reproduced 29 September as “A Report from the Frontlines: The Long Road to #OccupyWallStreet and the Origins of the 99% Movement” by Washington’s Blog”:

We are a decentralized non-violent resistance movement, which seeks to restore the rule of law and fight back against the organized criminal class.

One-tenth of one percent of the population has consolidated wealth in unprecedented fashion and launched an all-out economic war against 99.9% of the population.

We are not affiliated with either wing of the two-party oligarchy. We seek an end to the corrupted two-party system by ending the campaign finance and lobbying racket.

Above all, we aim to break up the global banking cartel centered at the Federal Reserve, International Monetary Fund, Bank of International Settlement and World Bank.

We demand that the primary dealers within the Federal Reserve banking system be broken up and held accountable for rigging markets and destroying the global economy, effective immediately.

As a first sign of good faith, we demand Ben Bernanke step down as Federal Reserve chairman.

Until our demands are met and a rule of law is restored, we will engage in a relentless campaign of non-violent, peaceful, civil disobedience.


The first and last paragraphs identify as a priority the restoration of the rule of law. The restoration of the rule of law has been my life’s work and after forty years of trudging the legal swamp I’m on the high ground on its other side: the Courthouse steps of the Supreme Court of the United States. I’m along to witness the filing of the one and only Case in the one and only Court that has jurisdiction to declare void the Federal Imperial Statutes. This Case geographically arises where the American Empire of the Empire State all began: the sovereign territory of the Mahican “Indian tribe” within the meaning of the power of Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

The other “Indian tribe” in that specifically constitutional law (as opposed to the federal law) sense in the Case is Mi’kmaq, which fought and died alongside the Americans against the British in virtue of their Treaty of 1776 with the United States of America by Massachusetts at the instance of the Continental Congress at the explicit invitation of George Washington.

The precedents 1789-1871 establish 1stly the treaty clause applies equally to foreign Nations and Indian tribes. Being sovereign, their territories are extraterritorial the government of the United States. 2ndly their territories specifically are extraterritorial the use of force by the United States except in self defence to repel an invasion by them or any of them. There is no way the constitution ever intended the commerce clause to be a delegation of a “plenary power” i.e., sovereignty over foreign Nations and Indian tribes, supposedly investing in Congress the jurisdiction to have enacted the Federal Empire Statutes.

Congress asserted the imperial jurisdiction surreptitiously (without complying with the mandatory amendment clause) to repeal the treaty and defence clauses’ precedents settling the constitutionally protected status if foreign Nations and Indian tribes. By the Appropriation Act of 1871 Congress purported to wipe out the territorial sovereignty of the Indian tribes. By the War Powers Act of 1973 it did the same with regard to foreign Nations. On the pretence the commerce clause considered in isolation and without reference to the defence and treaty clauses signifies sovereignty over others; supposedly rendering wars and genocide constitutional, as sovereign and therefore unchallengeable acts.

The same as if it had done by constitutional amendment in compliance with the amendment clause. But it wasn’t. It was done and is maintained solely by the U.S. Supreme Court’s obstruction and ignoring of the determinative constitutional question.

If as it might seem the restoration of the rule of law is not only an objective but perhaps the first objective since its achievement is the precondition to the others, then the Mahican and Mi’kmaq tribes‘ case-under-obstruction is the means. When it gets beyond the obstruction the Supreme Court Justices will have to restore the rule of law; not only for the purposes of that Case, but for all purposes. Helping the tribes to clear the obstruction could be worth considering.

When the rule of law has been restored the constitution can rule and through their exclusive control of it the People. Constitutional democracy seems viable, no? But the “representative” aspect seems not so much a failed experiment as one that succeeded in proving that form of government is not workable in a money economy, even if it is no longer run by the war monger emperors as in the era 1871 to the present. Maybe an amendment to make amendments easier and to establish direct democracy instead might be a way to go for the next era 2012 to the future? Perhaps it is time to move up to genuine democracy. The Indian tribal way.

Case Details are available at:http://mightisnotright.org/.