Posted: November 8th, 2010 by Militant Libertarian
Today it is fairly common to see laws passed for almost anything. From laws against driving while talking on a cell phone, to laws requiring people to purchase health care, it has fast become the norm rather than the exception. But the question we must ask is; where in the constitution did we grant congress the power to pass any law they wish? The answer is; absolutely nowhere.
It is imperative we remember that our servant government can only do what ‘We the people’ have granted them the power to do. Those granted powers are documented in the constitution. If we did not grant the power, then they do not have the power!. That being said, the granted powers for lawmaking are stated in Article 1 of the Constitution. Note;
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’
All legislative powers herein granted. That is the important part to note. This means that the powers of legislation are limited to those granted in the following article, Article 1. Now, to see a list of those granted powers please see Article 1, section 8 of the Constitution.
One of the most abused sections in the constitution is the last paragraph of Article 1, Section 8. It is sometimes referred to as the ‘elastic clause’. The government will often make laws that are outside of their granted powers, and will cite this clause to try to justify their actions. It states;
‘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.’
Definition of foregoing- previously stated, written, or occurring; preceding [Dictionary.com]
Just as the first paragraph says “you can make laws for the following” the last paragraph sandwiches the granted powers and basically says “and you can make any laws for the previously mentioned” Once this is understood, it is clear to see that the government has passed thousands of laws that are unconstitutional.
It must also be mentioned that if you are ever accused of a crime and have to appear in court, the law goes on trial when you do. This means that the law must be tried and must be proven constitutional. If you are guilty of breaking a law that is unconstitutional, then you are innocent! This is not my opinion this is supreme law and I can prove it by citing Article 6, Paragraph II of the Constitution;
‘This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.’
So, if a law is made and it contradicts the constitution, then it must be held notwithstanding in the court. So congress may pass unconstitutional laws, they have, they do and they always will. It is up to ‘We the people’ to educate ourselves enough to be true patriots in the courtroom. It is our responsibility to educate our fellow jurors of the supreme law. It is our responsibility to vote ‘not-guilty’ when a man is being accused of breaking an unconstitutional law. Laws are born in the legislative branch, and can be killed in the judicial.
Another abused section is known as the ‘commerce clause’. This is the 3rd paragraph in Article 1, Section 8 and it states,
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Now regulation of commerce among the several states means exactly that; the regulation of commerce between the states. It does not give the government the power to regulate commerce between the people. And there is a good reason for that. The reason being YOU are the master. You are the sovereign citizen. The government cannot tell you what to do, it is you who must tell the government what it can and cannot do.
With that in mind, here is a word of warning. . .
If we are not vigilant then the government will continue to pass draconian laws until they successfully close what was an open society. They start small, first a seat belt law…that they will sell to you as ‘for your own protection’. Are you an adult? Or do you need big brother to tell you to buckle your seat belt? Better question, are they more concerned about your health or about their quarterly earnings…i.e. seat belt ticket revenue? Once they see that you have accepted the seat belt law, then they implement ‘no talking on the cell phone’. Coming down the pipeline now is ‘no eating while driving’. Now you may be thinking “These are great, people need to pay more attention while driving” Well sure they do, but does there need to be a law? Should you be found guilty for a crime when you’ve not harmed anyone’s person or property? Should you have to pay the police ring a fee because you, (a sovereign citizen in your private car, on a public road), are caught driving without your seat belt on? What happened to this being a free country? Shouldn’t you have the choice? Not to mention the above point that was made, clearly showing that the seat belt law is unconstitutional because they were never granted the power to make such a law.
Many of these ridiculous laws are statutory laws. Laws that you must obey because at one point or another you signed a contract stating you would follow them. Now you might be thinking “What contract! I never signed a contract stating I would follow these ridiculous laws” Sure you did, just open your wallet and take a look at your drivers license. See that signature at the bottom? That shows that you signed a contract with the government (because you thought you had to in order to drive a car) and because of that contract you are liable to follow all of their bogus laws. But fear not, there is a way out.
Under the Uniform Commissioners Code 1-207, they had to legally leave you an ‘out’ in order to pass such insane legislation. Next time you renew your drivers’ license be sure to write ‘All Rights Reserved’ right after your signature. This relieves you of the statutory law and brings you back into your sovereign rights, including common law. Under common law if there is no victim then there is no crime. If you have not harmed someone’s person or property then you have not committed a crime. [Common law is mentioned in Amendment 7 of the Constitution.]
Now it should be understood that congress cannot pass just any law they wish, at least not legally. How far will congress go? As far as we allow them to. I’ve also shown that you do not have to follow unconstitutional laws. If you are ever accused of a non-crime, get a jury trial, represent yourself and educate the jury of what you have learned. Stand up for yourself. Protect your rights. They are passing more and more laws, each biting and nipping at your sovereignty. Just turn on c-span and watch for a few minutes. For one, they will always package an unconstitutional bill in a pretty wrapping paper with a nice big red bow on top. Don’t buy it. Two, if you are not aware of your rights then how will you know when they are being taken away or violated? You must educate yourself. Do your part and read the constitution, and I’ll do mine by helping make sense of it. Thank you for reading and remember,
You are a free and sovereign citizen. Start acting like it!
Or leave them in ‘The Commons’ section of
You can also download an informative Jury Rights pdf in the Doc’s/Books/Literature link on the left.