Our Constitution

Declaration of Independence, Clause 2:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness

US Constitution Preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Federalist Paper # 22, p. 94, Hamilton

The American empire should rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power should flow immediately from that pure, original fountain of all legitimate authority.

See also the The Virginia Declaration of Rights (Click here)

Virginia's Declaration of Rights was drawn upon by Thomas Jefferson for the opening paragraphs of the Declaration of Independence. It was widely copied by the other colonies and became the basis of the Bill of Rights. Written by George Mason, it was adopted by the Virginia Constitutional Convention on June 12, 1776.

CONSTITUTION OF THE STATE OF GEORGIA
(Revised January 2005)

SECTION II.

ORIGIN AND STRUCTURE OF GOVERNMENT

Paragraph I. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them.

Paragraph II. Object of government. The people of this state have the inherent right of regulating their internal government. Government is instituted for the protection, security, and benefit of the people; and at all times they have the right to alter or reform the same whenever the public good may require it.

The purpose of this review is to drive home the point that “We the People” are the earthly sovereigns in our nation and in each one of our states, and that our U.S. Constitution along with our individual state constitutions belong to us. Neither our president, governor, legislators, nor our judges are ever allowed to change or amend them without out our final stamp of approval – PERIOD!

Sadly most branches of our federal and state governments seem to conveniently forget this critically important fact. The Federal Judiciary is especially guilty.

Thomas Jefferson said:

"The Constitution...is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please."

He also said:

"It has long, however, been my opinion, and I have never shrunk from its expression...that the germ of dissolution of our federal government is in the constitution of the federal Judiciary; ... working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped."

Hamilton said in Federalist 81, p. 326, *

“The power of interpreting the laws, according to the spirit of the Constitution, will enable that court to mold them into any shape it thinks proper. … This is as unprecedented as it is dangerous.” …

“In the first place, not a syllable in the proposed Constitution directly empowers the national courts to construe the laws according to the spirit of the Constitution.”

He also said in Federalist 65, p 266,* on Impeachment:

"Several State constitutions follow the example. Those States and Great Britain seem to regard the practice of impeachments as a bridle in the hands of the legislative body on the executive servants of the government. Isn't this the true light in which it ought to be regarded?"

Madison quoted Montesquieu in Federalist 47, p. 198*,

And: "Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge, would then be the legislator. Were it joined to the executive power, the judge might behave with all the violence of an oppressor."

Hamilton said in Federalist Number 78, p. 313*

• Federal Judiciary: Hold Office during Good Behavior … (Good Behavior does not include violating their oath to the Constitution by legislating, and thereby violating Art I, Section 1: “All legislative Powers herein granted shall be vested in a Congress of the United States, …”)


• Least Threat to Constitutional Rights …


• The executive not only dispenses honors but holds the community's sword.


• The legislature not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated.


• The judiciary, however, has no influence over either the sword or the purse. It directs neither the strength nor wealth of society. It can take no active resolution whatever.


• The judiciary may be said to have neither FORCE nor WILL, merely judgment. It even depends on the aid of the executive arm for the efficacy of its judgments.

Justice Story is considered the Father of American Jurisprudence. He founded Harvard’s law school, was appointed to the Supreme Court by President James Madison. He said the following about impeachment:

The offences to which the power of impeachment has been and is ordinarily applied as a remedy are ... what are aptly termed political offences, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests.

Story also cited: … unconstitutional opinions and attempts to subvert the fundamental laws and introduce arbitrary power …, as reasons for impeachment of judges.

In future articles we will be citing specific Supreme Court cases and how these cases have changed the original intent of the Congress and “We the People”. This has been done in violation of the specified Constitutional procedure for amending our Constitution found in Article V.

For comments or questions, please contact Richard Gruetter at:

constitution1776@bellsouth.net

*Federalist Papers in Modern Language, Edited by Mary E. Webster