Armstrong Economics Blog/Rule of Law Re-Posted Jan 26, 2022 by Martin Armstrong
This is what is WRONG with our rule of law. The Supreme Court held before that the Constitution is NEGATIVE, not positive back in 1980. But that ruling has been largely ignored. In addition, the Supreme Court has held that there is a limitation to the Judicial Power that there must be a “case or controversy” according to Article III. That interpretation is what is destroying the United States. Biden and Congress can may any damn law they want. They can literally decree that you must kill your firstborn on an altar before the White House and pray to Schwab, Gates, and Soros when you make that sacrifice. Nobody would have “standing” to run to the Supreme Court to say this is unconstitutional and completely nuts.
The ONLY person who would have “standing” to challenge this crazy decree is someone they try to prosecute for not sacrificing their firstborn. Therein lies our demise of the United States. They get to do whatever they want. It is our obligation to take them to court and say this is unconstitutional. In the meantime, they inflict all kinds of chaos and harm and this is why the United States is doomed.
Here is the Fifth Amendment. It is drafted in a NEGATIVE context that “no person shall be held” yet if you speak, they immediately claim you waived your right to remain silent but it is NOT YOUR RIGHT, it is a restraint upon the power of government.
To all the lawyers who read this blog, this is why I did not wish to join your field. I probably would have spent my life in prison on criminal contempt because I would have rebelled constantly. You cannot CONSTRUCTIVE AMEND the Constitution by waiving a pretend right you do not have bestowing power of a ruthless tyrant upon the government. That defeats even Equal Protection of the Law for if someone remains silent and someone who speaks, so the government must respect the liberty of the first but not the second.
Biden had no authority under the Constitution whatsoever to order OSHA to mandate vaccines. Some people cannot even take a flu shot for they get violently sick with any vaccine. Do they have no right to the freedom of their own person? Where in the Constitution is NEGATIVE does the government have any POSITIVE power to wipe out any individual’s liberty? They have the power to regulate commerce – not health!
The first legal interpretation of the scope of the Commerce Clause came down from the Supreme Court in 1824 in the case of Gibbons v. Ogden. That was the first major expansion of the powers of the federal government. The Court held that Congress could use the Commerce Clause to enact laws regulating both interstate and intrastate trade. This was then followed by the 1905 ruling in Swift and Company v. United States, where the Court held that Congress could apply the Commerce Clause in regulating the practices of local businesses—intrastate commerce—ONLY if those local business practices were in some way a part of a “current” or stream of commerce that also involved the movement of goods between states. That did not have anything to do with the health of its employees.Then in 1937, the ruling in NLRB v. Jones & Laughlin Steel Corp, broadened the reach of the Commerce Clause holding that any local business activity could be defined as “commerce” as long as it had or was likely to have a “substantial economic effect” on interstate commerce. This interpretation was done for the Roosevelt socialist agenda where Congress gained the power to enact laws that even regulated local firearms dealers for they were concerned about revolution and civil unrest. As long as the guns were manufactured outside of the state where the business operated then it was involving interstate commerce.Congress used this Socialist interpretation to seize power over virtually everything. Not until 1995 did the Court finally narrow that wild interpretation of commerce with its ruling in the case of United States v. Lopez. In that decision, the Court struck down parts of the federal Gun-Free School Zones Act of 1990, finding that the act of possessing a firearm is not an economic activity.Getting the flu or any disease is also NOT economic activity. My view of Biden’s attempt to mandate vaccines was totally unconstitutional. The power of government is defined in Article I. Here we have the express powers granted. Congress does not have the power to create laws that are outside of these restraints upon power.WHEN will someone challenge this casual execution of the Constitution where people truly have no rights, it is the government that has no such claimed powers. The First Amendment was violated by every governor who used COVID to shut down churches. It expressly states:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.There is no exception to the First Amendment. Big Tech claims they are not the government so they can regulate our right to speak. Sorry, but they obtain a license to be in business, and as such, they cannot operate without that authority as such paying lobby fees links them to the government and they are acting under the Color of Law and this is sanctioned by the government to deny our free speech. “Congress shall mar no law” also means they cannot grant them immunity.The passage of the Constitution was NOT unanimous. Only 39 delegated voted for it out of 70 so it passed on a bare majority vote. They voted against it, including Patrick Henry, because there was no Bill of Rights. I do not believe that the United States will survive for the rule of law is collapsing. The Biden administration is doing whatever they want, and hopes they get it through with the Supreme Court cowering in fear of their attempt at stacking the Court to rule only in their favor. That will be the end of the United States!
Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;–And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Section 9.
The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Section 10.
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it’s inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Centinel2012 