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July 28, 2007 at 10:04:10

Return to the Consitution?!?

by Kitty Antonik     Page 1 of 1 page(s)

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"Return to the Constitution!" is a cry raised frequently by many who are understandably angered by heavy government intervention in their daily affairs at home, in the workplace, traveling - everywhere and at any time. It is the position taken by these rightfully frustrated individuals that if the US had a government pared back to the scope of that envisioned by the Founding Fathers, then all would be well; freedom to act - short of violating one's neighbors - would reign and taxes would be inconsequential. But this was exactly the situation that the Founding Fathers created - so they thought. They wrote a Declaration of Independence and a Constitution with a Bill of Rights that were unequaled in the history of the world to that date. What happened to make those documents written 250 years ago a mockery of their authors' intentions?

Many would argue that the Federalist movement spearheaded by James Madison and Alexander Hamilton was what began the move towards a dominant federal government, since although the US Constitution they helped to create did "correct" some clear weaknesses in the earlier Articles of Confederation, it also abandoned the many strengths of those Articles. Others would say that the government became intrusive with the birth of many agencies begun in the 1930s to "boost the economy" out of the Great Depression, which still others would note was caused to begin with by government intervention in the market place in the preceding decades. However, a perceptive reader of US economic history could trace that intervention back further to the creation in 1887 of the Interstate Commerce Commission, the first "modern" federal agency - or even to the very first federal agencies in 1789 under George Washington.

But what of the governments in each of the 50 states and the counties (parishes, for Louisiana) which comprise them, and even to the cities, towns, and villages that fill (or sprinkle) these? At each of these levels, getting "closer to the people," there are still senates, courts, agencies, boards, councils, etc. that decide all manner of actions that individuals can and cannot take on "public" and private property, and whether by themselves or with others. Some of the officials are probably honestly trying to do what they think is best for the large number of others who they have been elected (or appointed) to protect, guide, safeguard, etc. Others, no doubt, purely enjoy the power that they possess by being in positions where they have the legal use of force themselves, or of authorization of the actual enforcers.

While I have not examined any of the other state constitutions besides that of Arizona, of which I am a legal resident, I would be quite surprised if any contain language substantially different from that of the last of the 48 contiguous states, admitted to the Union on February 14, 1912. Its preamble begins with the words "We the people . . . .", as does that of the United States itself. The earlier USA Declaration of Independence, also was written in the first person plural, and that, I contend, is the crux of the problem. [Note: The Arizona Legislature website location for the Arizona Constitution no longer shows the Preamble, although it still exists on the .pdf file; it can also be seen in html via the Internet Archives, April 2003 ]

The use of "we" (or "us" or "our") is collectivist and implies, even claims, that, in regard to such documents, all involved are in agreement. This is highly unlikely, even in the case of modest arrangements between moderate numbers of individuals; but then all parties involved actually sign the document, and in doing so commit themselves to obeying its terms voluntarily, presumably because the overall result is worth it to each of them. This was never the case for the US foundational documents, still highly revered by most today. Moreover, by this use of "we," the signers of The Declaration of Independence and The Constitution attempted to involuntarily bind not just everyone in the US at the time, but also their posterity, who had no say whatever in the matter, for all time. This act of binding those who had not actually signed - generations not even born - to a legal document is such an act of arrogance and even tyranny, that despite the fact that the Founding Fathers probably had all of the best intentions in mind when they did so, they should be roundly condemned even while still being revered.

Thus, it is my contention that a detailed analysis of the Founding documents is needed to discover what among their many words and phrases allowed the beginning cracks in a system that was better than any in recorded times for affording the residents a homeland where their lives and liberty were recognized and they could pursue happiness. Such an in depth examination of The Declaration of Independence , the Articles of Confederation , and the Constitution - primarily the Bill of Rights - was carried out 4 years ago by Paul Wakfer as a preliminary step before writing a draft of a Declaration of Individual Independence (and an annotated version to explain it) to correct what he and I see as the major flaws within those original documents. I have but briefly mentioned here the pitfall of speaking for the collective - the "We," but there are many more flaws which Paul's analyses uncovered. If a thoughtful reader studies the ideas of these documents both included and excluded, and the full implications of those ideas, then s/he will see that voting out the current culprits and returning to the original documents (if that were even possible in the world of politics and all that entails) will not assure the life, liberty, and ability to pursue happiness that Paul and I - and, hopefully, most on earth - desire.

 

I am a professional life-extensionist and liberty promoter who practices what I and husband, Paul Wakfer, preach. More detail about both of us - philosophically and physically - at http://morelife.org/personal/ When the comment time period has closed at OpEdNews.com, readers are welcome to post their comments/questions at MoreLife Yahoo after meeting the posting requirements of that group, sent to all new members upon joining. All archived messages, however, are available to anyone. http://groups.yahoo.com/group/morelife/

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Union Construction Electrician for the past 21 years. Former United States Marine 1982 - 1986 who participated in the Multinational Peacekeeping Force sent to Beirut, Lebanon back in 1983.
SleeperUnion Construction Electrician for the past 21 years. Former United States Marine 1982 - 1986 who participated in the Multinational Peacekeeping Force sent to Beirut, Lebanon back in 1983.

Treason and Revolution

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. --Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

I don't care for this anaylitical critique of a these living documents.  The above quote from The Declaration of Independence basically states that all forms of government are inherently corrupt.  It is the Duty of "We The People" to do whatever it takes to correct the corruption.

The philosophy behind this is that polar opposite forms of corruption will play to control each other.  Although it is the people that government is responsible to appease.  The document was voted on and signed by a group of men from all social standings.  Many of these men were considered smugglers prior and after they risked suffering the penalties reserved for TREASON against the crown.

This great debate formed by our documents allows freedom of speach in order to keep opposition hopefully away from bloodshed.  Although it is Bloodshed that it speaks to when it talks of the peoples duty to throw off such Government, and to provide new Guards for their future security. 

by Sleeper (1 articles, 1 quicklinks, 6 diaries, 272 comments) on Saturday, July 28, 2007 at 3:13:57 PM
 


A political junky from childhood cut my teeth on vietnam era protests.Have lived in Bucks county all my life.My favaorite saying" Good ani't cheap and cheap ain't good,never has been never will be"
tjbA political junky from childhood cut my teeth on vietnam era protests.Have lived in Bucks county all my life.My favaorite saying" Good ani't cheap and cheap ain't good,never has been never will be"

Have we tried it yet?

I love the promise of our constitution.In college I was lucky to have a professor who put it simply.After watching history run by imbiciles (may-be through in breeding) this document was meant to be a bright line of the power allowed the goverment by the governed.this far and not an inch further.

Let's see how closely we adhere to the intent of the founders of our experiment and other than the power of congress to declare war which has been ignored three times in my lifetime I just will focus on the bill of rights.
# 1 office of faith based anything not allowed.Freedom of the press dosen't mention imbeded reporters.Have you seen the results of our unconstitutional invasion of Iraq babies blown to bits ,wedding parties bombed ?Our founders expected us to see this for a full open and honest debate.Freedom to give the goverment an earfull dosen't include free speach zones but in your face screaming without violence seems to be expected.None of this loyality pledge to hear the president speak, first come first in period.
#2 that's easy. Same weapons as the state posesses nothing less. We must be able to keep the troops in line if they come after you or me unlawfully.If they're going to use violent instruments they should be worried they may be repelled with same as they have.
#3That bright line no thought police in our house, living or electronically.
#4This applies to crimes where there are no victims.Consenting adults shall not be subject to the religious beliefs of others.Feel free to convince me with your best argument but keep the power of the state out of it.
#5 No blood test to determine your guilt Laws should should punish the results of your actions if it harms others not actions you chose for yourself.
#6 Speedy trial means when you're charged the state should be ready for a trial the next week no more evidence developed after your arrest.The jury is meant to judge both you and the law for balance.We should be able to vote not guilty if the person will go to jail for life for stealing a piece of pizza.(three strikes)
#7 THe right to a trial means a trial .No plea bargaining with an all powerful prosecuter who stacks the deck.
#8Forfiture  laws i.e. Losing your house for posession of a few of natures plants does not seem to be allowed.
#9 & 10  Again that bright line this far and not an inch further for the government.
So before we trash it let's live it for say for ten years and see how that works out.
 

by tjb (0 articles, 0 quicklinks, 0 diaries, 202 comments) on Saturday, July 28, 2007 at 11:07:36 PM
 


I am a professional life-extensionist and liberty promoter who practices what I and husband, Paul Wakfer, preach. More detail about both of us - philosophically and physically - at http://morelife.org/personal/

When the comment time period has closed at OpEdNews.com, readers are welcome to post their comments/questions at MoreLife Yahoo after meeting the posting requirements of that group, sent to all new members upon joining. All archived messages, however, are available to anyone....

to see more of bio, click on member name

Kitty Antonik WakferI am a professional life-extensionist and liberty promoter who practices what I and husband, Paul Wakfer, preach. More detail about both of us - philosophically and physically - at http://morelife.org/personal/

When the comment time period has closed at OpEdNews.com, readers are welcome to post their comments/questions at MoreLife Yahoo after meeting the posting requirements of that group, sent to all new members upon joining. All archived messages, however, are available to anyone....

to see more of bio, click on member name

"Yes, for multiples of 10 years."

The US Constitution is not a theoretical proposition, an idea being worked out on paper for proposed implementation. It was written in 1787 and the Bill of Rights (first 10 ammendments) added in 1789. This last completed ratification by the states' legislatures in 1791. It became the *law* of the land under jurisdiction of those united states at that point. It was not and has not been a theory yet to be tried for all those years. It has been lived for many multiples of 10 years.

The fact that the intentions of some, or even all, of the writers of the Constitution (or even all the Founding Fathers) did not remain is strong evidence that the mechanism has basic flaws. Actually the flaw is government itself - but the Founding Fathers themselves did not understand that, more understandable then than now. Simply going back to a much reduced government no larger than it was in the late 18th century with the US Constitution as it was then - even allowing for no slavery and women's suffrage actually enacted later - the results would be little different than they are now in regards to size and interference by government. Actually it would likely happen even faster and the interference would be even more severe. There is nothing within the Constitution that can prevent it from happening, and government run schools has assured that the majority of the populace looks to the government for the solutions to all problems.

It does not appear to me that you actually read the full reasoned critique of the US Constitution Preamble and Bill of Rights. My piece above is but a brief introduction to the idea that this revered document is in need of thorough examination for its flaws rather than wishful thinking over what it has become. So the very short answer to your question is an obvious "Yes". The US Constitution has been tried, and found wanting.

 **Kitty Antonik Wakfer

by Kitty Antonik Wakfer (14 articles, 3 quicklinks, 5 diaries, 100 comments) on Sunday, July 29, 2007 at 1:15:34 PM
 


Union Construction Electrician for the past 21 years. Former United States Marine 1982 - 1986 who participated in the Multinational Peacekeeping Force sent to Beirut, Lebanon back in 1983.
SleeperUnion Construction Electrician for the past 21 years. Former United States Marine 1982 - 1986 who participated in the Multinational Peacekeeping Force sent to Beirut, Lebanon back in 1983.

All Forms of Government are wanting

The Declaration sets forth reasons for a revolution.  It Declares that all Governments are wanting an that it is best to suffer mild injustices as the pendulum of power swings.  The middle is best served riding the tide.  Our Constitution sets up a form of government that has been altered since.  The Senate are now elected by the people of their states not the state legislatures, but the rights of Corporations have been increased.  They have since been granted Personhood and can also own other Corporations.  They are know able to inject every race with enough money to render the opinions coming from "We The Pepole" virtually useless.  The media take their money and hynotises the masses with a fairy tale that utilizes fear to escape being held to account.

by Sleeper (1 articles, 1 quicklinks, 6 diaries, 272 comments) on Saturday, August 4, 2007 at 9:00:41 AM
 


I am a professional life-extensionist and liberty promoter who practices what I and husband, Paul Wakfer, preach. More detail about both of us - philosophically and physically - at http://morelife.org/personal/

When the comment time period has closed at OpEdNews.com, readers are welcome to post their comments/questions at MoreLife Yahoo after meeting the posting requirements of that group, sent to all new members upon joining. All archived messages, however, are available to anyone....

to see more of bio, click on member name

Kitty Antonik WakferI am a professional life-extensionist and liberty promoter who practices what I and husband, Paul Wakfer, preach. More detail about both of us - philosophically and physically - at http://morelife.org/personal/

When the comment time period has closed at OpEdNews.com, readers are welcome to post their comments/questions at MoreLife Yahoo after meeting the posting requirements of that group, sent to all new members upon joining. All archived messages, however, are available to anyone....

to see more of bio, click on member name

True, All Forms of Government are Wanting

The Declaration of Independence states reasons why the authors (claiming to speak for everybody in the American colonies at the time) wanted to sever relations with England. While there is much that is good in that document, there is also much that is poor. Even with the knowledge of that time the document could have been better written and thereby avoided the pitfalls that resulted and misinterpretations that have occurred. I suggest that you read a full critique of the document which takes into consideration also the over 200 years of thought and experience that has occurred since that time.

The phrase "We the People" is meaningless - unless the group of people is defined and all those referred to are in agreement with what follows that phrase. Even just the word "we" is far too often used with the speaker/writer not defining to whom s/he is referring, and when s/he does, cannot in truth speak/write for all those in that group. For a greater understanding of the distortions in thinking that this word can bring with it when used improperly, I recommend reading "Collectivism in Language: Its Effects on Valid Reasoning".

As for the "Constitution sets up a form of government that has been altered since", it is the Constitution itself that has made those alterations possible. It is the self-contradictory flaws within the Constitution and its lack of the correct philosophical basis that is responsible for most of the problems of today within the US. It does not sound as though you actually read the full critique of the Constitution Preamble and Bill of Rights for which my article was merely to wet one's appetite. When you have done so (and any of the other essays to which I've linked), if you have comments or questions, bring them forward in the Web searchable forum linked at the bottom of each website page - or some other public forum where discussion can take place.

So yes, all forms of government are wanting - they lack the philosophical basis for a society of minimally restricted individuals interacting to mutual benefit each for the purpose of optimizing his/her own lifetime happiness.

**Kitty

by Kitty Antonik Wakfer (14 articles, 3 quicklinks, 5 diaries, 100 comments) on Saturday, August 4, 2007 at 7:44:26 PM
 

 

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