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Friday, December 11, 2009

What is Constitutional?

This article was pretty funny.

If you're an "expert on Constitutional law", your goal is not "Interpret what the Constitution actually says." Your goal is "Predict how the Supreme Court will rule on specific issues." All "Constitutional law experts" working at universities are making up pro-State propaganda to justify Supreme Court decisions that restrict freedom.

if the Supreme Court adopts a "presumption of constitutionality" by which it defers to the Congress's judgment of the constitutionality of its actions--as it has and as "judicial conservatives" urge--and the Congress adopts Professor Jost's view that "unconstitutionality" means whatever the Supreme Court says, then NO ONE EVER evaluates whether a act of Congress is or is not authorized by the Constitution. A pretty neat trick--and a pretty accurate description of today's constitutional law.
That's pretty funny. The Supreme Court says "This law is Constitutional. Otherwise, Congress would not have passed it." Congressmen say "We won't worry if this law is Constitutional. If we're wrong, then the Supreme Court will object."

That is how the evil of the State works. Evil occurs, but nobody is responsible.

Freedom is gradually eroded. It's the "frog in slowly boiling pot of water" story. If freedoms are gradually and slowly eroded, then nobody objects.

With a monopoly, there's no correction when State parasites abuse their power. In a really free market, if you try to abuse your power, then you will be faced with competition.

Members of the Supreme Court are chosen by the President and Congress. It's like picking your best friend to decide your disputes for you.

These "What is Constitutional?" debates illustrate the fallacy of relying on a piece of paper to protect your freedom. If a handful of insiders have a violence monopoly, then there's no restriction when they abuse their power.

Asking "What is Constitutional?" sets the debate in the wrong frame. The question "Is this law Constitutional?" is itself pro-State trolling.

The correct question is "Do the Constitution and Federal government have any legitimacy at all?" The Constitution is not a valid contract. I didn't sign it. State parasites say that I don't have the right to individually withdraw my consent.

3 comments:

Anonymous said...

Yes, you're right, you're not bound by the Constitution, unless you have so chosen.

The Constitution does not bind you at all from seceding. It binds the government to the only way it can exist if it is created to exist at all.

By the way, the only logical solution to the problem of sovereignty is the private property. If you decide to do anything at all tomorrow, you should have a right to do that. Yet, if you decide that your action of choice will be living of my sweat, the only way to protect me from you is by me declaring you "non grata" on my property. This is why so much attention and energy is given to the elimination of the concept of private property by the government and their public competitors - anarchists.

Both groups seek to create the world where there is no private property, and therefore no one has a right to secede unilaterally. Both seek to remove the term "individual" from the dictionary (even though anarchists [those denying property] do not publicly admit to their end goal).

Government does use the concept of check kitting not only as mentioned in the post, but also to "borrow" money, where it floats checks between the government and the FED, to create the impression that the money were borrowed through some complicated and hard to follow mechanism rather than simply created on zero account.

CorkyAgain said...

The myth of constitutionality is an important part of the pro-state brainwashing which attempts to convince us that we have a governments of laws, not men.

How do you rule a population that vastly outnumbers you? You somehow get them to think that putting you in charge was *their* idea, and that you are governing according to rules which *they* have agreed to. People who have been brainwashed this way are the ones who say "The government is us!"

Anonymous said...

not a comment...

FSK, you want to read this buddy...:

http://www.garynorth.com/public/5797.cfm

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