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August 12, 2021

The US Constitution Is A 'Higher Law' Than 'Government', And The American People Are 'The Keepers' Of The Constitution


By Alan Barton aka Bart's Bantering for All News Pipeline

The Constitution is a higher law than the Government, and the People are keepers of the Constitution.  There is a great quote floating around all over the internet that says "the Declaration is the promise, the Constitution, its fulfillment" attributed to “a Great Chief Justice” in so many writings yet not a single one that I can find actually says WHO that Chief Justice is. I have heard this line since I was young, and I believe it to be true. I suspect it may have been Supreme Court Chief Justice John Marshall, but as of yet I have no proof, only suspicions. I may be way off base, so if you know for sure and have references who originated that statement, I want to know! 

It is Marshall that raised the status of the Supreme Court to that of a coequal branch of the US government, and he loved the Constitution and the Declaration that spawned it. He attended the convention where Virginia debated whether to ratify the Constitution, arguing strongly for its ratification as a replacement for the Articles of Confederation that had proved to be inadequate to govern the new nation, a very strong Constitutionalist. 

Anthony M. Kennedy, in a speech “The Constitution and Its Promise”, stated this immortal truth: “The heritage of freedom is fragile and must be transmitted from one generation to the next ….. The heritage of our freedom is, of course, closely tied to the Constitution of the United States. The heritage of liberty is bound up with the Constitution of the United States. 

Americans talk always about the Constitution, and there is a reason for that. The Constitution gives us our identity. The Constitution gives us our self-identity, our self-authentication, our self-esteem, defines our purpose, defines our mission, defines who we are as a people. We come from many ethnicities, nationalities, religions, and yet we are bound together as one people because of our allegiance to and our respect and reverence for the Constitution.” 

Or at least it used to give us our identity; or perhaps better stated, should represent our identity as a nation rather than how so many seem to view it now. 

“It’s hard to find superlatives for the work that the Framers did in Philadelphia in 1787.” 

“The Single Most Wonderful Work.” 

On the First Amendment, Justice Kennedy stated “The structural components of the federal Constitution work quite well with the Bill of Rights. The First Amendment, for example, in a way is structural. You cannot have the government work unless you have free speech, so it is structural in that sense. But it is also a substantive right. It is a right inherent in human personality, in human dignity, that you have the right of free expression and free worship...... there are many people who think—and in my view, rightly so—that there are other things in the world that are more important than politics: arts, culture, religion, science, philosophy, sports; whether the umpire got it right last week; whether or not the nature of dark matter is going to be first discovered by microphysicists rather than astrophysicists. This is all part of the speech and thought and belief protected by the First Amendment. We ought not think of it just in political terms..... Speech is what allows you to define your persona, your personality. Your speech and your thought, your beliefs, are who you are, and this is an essential human right. 

Well stated sir. 

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. 

“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.” 

Declaration of Independence 

The Declaration of Independence was written with the purpose of explaining to foreign nations WHY the Colonies chose to separate themselves from Great Britain, the most powerful nation on Earth at that time, and the most powerful in history up to that time. The Constitution of the United States fulfilled the PROMISE of the Declaration of Independence by establishing a Republican form of government with SEPARATE Executive, Legislative and Judicial branches to balance out each other’s quest for power and control. Thomas Jefferson, along with the other founding Fathers, believed that people were born with NATURAL RIGHTS that NO government can take away. Natural Rights are those rights “considered to be conferred by natural law” according to Merriam Webster as the legal definition, but NATURAL LAW also refers to ‘Nature and Natures God’, the Creator of all Nature, which is Jesus Christ. It is GODS LAW, and the satanic left hate God. They hate our Constitution and they hate us. 

Back to Life, Liberty and the Pursuit of Happiness which started out as Life, Liberty and Property as John Locke put it. In his Second Treatise Concerning Civil Government Locke wrote of the principles of checks and balances, of governments PRIMARY purpose of protecting Life, Liberty and Property using a representative form of Government and RULE OF LAW. In other words, a Republican Democracy or Democratic Representative REPUBLIC. Our Constitution fulfills the Law portion of that idea as well as can be done by mortals here on Earth. He wrote “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions… (and) when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another.” That last segment follows the Higher Law that Jesus gave in the Sermon on the Mount that surpasses the basic law, or “training” law, of the Ten Commandments, that to love your fellow man as you would be loved is the highest law. 

He also wrote in that same treatise “The necessity of pursuing happiness [is] the foundation of liberty. As therefore the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness; so the care of ourselves, that we mistake not imaginary for real happiness, is the necessary foundation of our liberty. The stronger ties we have to an unalterable pursuit of happiness in general, which is our greatest good, and which, as such, our desires always follow, the more are we free from any necessary determination of our will to any particular action, and from a necessary compliance with our desire, set upon any particular, and then appearing preferable good, till we have duly examined whether it has a tendency to, or be inconsistent with, our real happiness: and therefore, till we are as much informed upon this inquiry as the weight of the matter, and the nature of the case demands, we are, by the necessity of preferring and pursuing true happiness as our greatest good, obliged to suspend the satisfaction of our desires in particular cases.” 

Neither of the two mainstream parties follows nor even vote along Constitutional lines anymore. One has not for a century now with an aggregate about 15~20% (even less recently) record of voting constitutionally by the Democrats and less than 50% by the Republicans and DECLINING rapidly. No wonder there are many third parties out there that decry their abysmal voting records claiming they do or can do much better. 

Two of those parties are the Libertarian and the Constitution Parties. On the Libertarian website, those differences are notes as 

“The Constitution Party gratefully acknowledges the blessing of our Lord and Savior Jesus Christ as Creator, Preserver and Ruler of the Universe and of these United States. We hereby appeal to Him for mercy, aid, comfort, guidance and the protection of His Providence as we work to restore and preserve these United States. 

This great nation was founded, not by religionists, but by Christians; not on religions but on the Gospel of Jesus Christ. For this very reason peoples of other faiths have been and are afforded asylum, prosperity, and freedom of worship here. 

The goal of the Constitution Party is to restore American jurisprudence to its Biblical foundations and to limit the federal government to its Constitutional boundaries.” 

While the Libertarian party is described as 

“As Libertarians, we seek a world of liberty; a world in which all individuals are sovereign over their own lives and no one is forced to sacrifice his or her values for the benefit of others. 

We believe that respect for individual rights is the essential precondition for a free and prosperous world, that force and fraud must be banished from human relationships, and that only through freedom can peace and prosperity be realized. 

Consequently, we defend each person’s right to engage in any activity that is peaceful and honest, and welcome the diversity that freedom brings. The world we seek to build is one where individuals are free to follow their own dreams in their own ways, without interference from government or any authoritarian power.” 

The primary difference appears to be the acknowledgement of our Creator in our views on our governing body. “From the get-go, the differences of the two parties are quite obvious. At its very roots, the Constitution Party is unabashedly a party of Christian philosophy and spirituality, where as the Libertarian Party remains much more secular in its composition and values.” 

This author is Independent, but follows closely the thoughts of these two parties; noted as a disclosure for a reference point of opinions given.

Another great American thinker is Ezra Taft Benson, former Secretary of Agriculture and very strong Constitutional man. In an article titled “Proper Role of Government” Mr. Benson said “It is generally agreed that the most important single function of government is to secure the rights and freedoms of individual citizens. The great Thomas Jefferson asked: "Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath?

Very strong wording indeed and that is only the beginning. He continues “let us first consider the origin of those freedoms we have come to know as human rights. There are only two possible sources. Rights are either God-given as part of the Divine Plan, or they are granted by government as part of the political plan. Reason, necessity, tradition and religious convictions all lead me to accept the divine origin of these rights. If we accept the premise that human rights are granted by government, then we must be willing to accept the corollary that they can be denied by government. I, for one, shall never accept that premise. As the French political economist, Frederick Bastiat, phrased it so succinctly, "Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." (The Law, p.6)” 

I am with Mr. Benson on this, that “Reason, necessity, tradition and religious convictions all lead me to accept the divine origin of these rights” and I hold these rights sacred. 

“Biden’s Unprecedented Attack on the Constitution”, a Daily Signal report from August 6th, David Harsanyi said “Joe Biden certainly isn’t the first president to violate his oath of office, but he might be the first in memory to openly brag about doing it…. Biden admitted to the media that he would be circumventing the courts, the law, and his oath of office, in which he promised, to the best of his ability, to “preserve, protect, and defend the Constitution of the United States,” not to infringe on the property rights of Americans to placate crackpot socialists in his party.” He lied. 

On August 3rd, the Canada Free Press asks the question “America, A Police State?” and answered “There are many disturbing activities going on in America regarding law enforcement and how local and federal law enforcement resources are being used. The Marxist Democrat Biden Administration has engaged in too many questionable law enforcement actions that seem contrary to the instructions provided by the United States Constitution. They then bring in the “Kenyan” when they state “During the Marxist years of Obama and now with Biden, the abusive use of law enforcement assets has been staggering. Having federal swat teams serving warrants for potential white collar crimes is nothing less than excessive use of force. But who is going to call out the federal government for these abuses when they even bring along television crews? Then there is the fact that under Obama and Biden, only selective laws are being enforced. This is not supposed to be happening in the United States of America. 

Americans need to understand that a Marxist country is by nature a police state. The weaponization of the IRS and FBI was quietly accepted by too many Americans. The militarization of Washington, D.C. after the Biden coronation signaled the mindset of the Marxist Democrat government and their minions. Their goal is weak local government law enforcement and an ever greater presence of a stronger federal law enforcement organization.” And come to the logical conclusion that “When one assesses the overall scope of what is happening in law enforcement and the Marxist Democrat approach to governing, it seems like they are getting more and more extreme in their abandonment of the principles defined in the United States Constitution. A person using common sense and critical thinking skills might conclude that the Marxist Democrats are baiting patriotic Americans into actively taking action to protect themselves. The Marxist Democrats and their minions could then lay on the hammer using all these federal law enforcement agencies against American citizens and rationalize going for our guns. After that, the Marxist Biden Administration might even invite their friends, the Chinese, to help quell civil unrest in the United States. " 

The American Thinker author L.K. Samuels ended a great article asking if America was a Police State (it is now) with this bit of wisdom, “In reality, there is no truth in socialism, because it has never worked. Still smarting from the hard lessons of history, today's Marxist socialists have learned to swiftly bury truth and any truth-seekers, before they can become entombed themselves.” A wise conclusion. 

“New FBI Initiative Will Put “Hate Crime” Quotas On Local Law Enforcement” in The Geller Report from July 29th, “Gupta and FBI Deputy Assistant Director of the Criminal Investigative Division Jay Greenberg have declared “hate crimes” by “racially motivated violent extremists” (a euphemism generally reserved for right-wing white men) to be a national threat priority — a rare designation. 

According to Greenberg, the FBI will be increasingly specialized in pursuing “hate crimes” through increased training in the matter, an aggressive media campaign designed to recruit victims in “underrepresented and targeted populations,” and putting federal pressure on local law enforcement to charge and report hate crimes when they otherwise wouldn’t.” 

Remember, Hate Crimes are NOT REAL CRIMES but instead are THOUGHT CONTROL, THOUGHT CRIMES. They hunt you down, prosecute and sentence you for what you may or may not think about something, perhaps the worst form of discrimination and dictatorial farce and evil out there, they can prosecute you for whatever THEY say you are guilty of regardless of any reality. ”Hate crimes laws are political and racially motivated….. The mad rush for white racists at the FBI is bound to cause more embarrassments for the increasingly discredited agency.” 

Not only have they weaponized the Federal, and even some State law agencies, but the DOJ now threatens PRISON TIME for anyone organizing audits of elections. On August 7th JD Heyes of Natural News said “It has become patently clear that the Biden regime has no regard for the rule of law, doesn’t care what federal courts say, and has no tendency to follow precedent, as a series of recent actions prove beyond a shadow of a doubt….. “The ultimate purpose of the Civil Rights Act’s preservation and retention requirements for federal elections records is to ‘secure a more effective protection of the right to vote,'” a document from the department states

“There are federal criminal penalties attached to willful failures to comply with the retention and preservation requirements of the Civil Rights Act,” it reads further that “Election audits are exceedingly rare. But the Department is concerned that some jurisdictions conducting them may be using, or proposing to use, procedures that risk violating the Civil Rights Act. The duty to retain and preserve election records necessarily requires that elections officials maintain the security and integrity of those records and their attendant chain of custody, so that a complete and uncompromised record of federal elections can be reliably accessed and used in federal law enforcement matters,” the document continues,“ Case in point: Finchem is right. The duty to conduct and hold elections falls first to the states, via the Constitution. States would not have joined a federal union at the beginning if those autonomous enclaves were not permitted to control their own balloting

But again, the Biden regime doesn’t care about the Constitution. It cares about power, even if it means plunging the nation into civil war to get it.” 

“PRISONERS OF WAR: ‘Biden’ Justice Dept Can’t Produce Evidence It Supposedly Used To Indict the January 6th Protest Cases” proclaims the headline in the Geller Report, from which this graphic is taken noting that the Feds are CRIMINALIZING opinion and party affiliation. “They are prisoners of war because there is a war going on with evil Democrat-communists.” 

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will in this crisis, shrink from the service of his country; but he that stands it NOW, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly; ‘tis dearness only that gives everything its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed, if so celestial and article as FREEDOM should not be highly rated.” (THE POLITICAL WORKS OF THOMAS PAINE, p.55.) 

The Law, by Frédéric Bastiat 

“How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. Bastiat’s essay here is timeless because it applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. Ezra Taft Benson’s “The Proper Role of Government” takes many of its principles from this timeless classic. 

The Law by Bastiat in online readable HTML can be found here.  

“Whatever you think you can do or believe you can do, begin it. Action has magic, grace, and power in it.” JOHANN WOLFGANG VON GOETHE 

A great six part set of videos on the Constitution can be found here.

E.T. Benson – Full version Proper Role of Government (over an hour) 

E.T. Benson – Shorter version Proper Role of Government, includes conclusions (about 15 min.) 



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