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AN INTRODUCTION TOTHE ORIGINAL UNDERSTANDING OF

THE CONSTITUTIONPart 2

“You are called upon to deliberate on a Constitution for the United States of America. The subject speaks its own importance.. It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force. If there be any truth in the remark, the crisis, at which we are arrived, may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act, may, in this view, deserve to be considered as the general misfortune of mankind.”

~ Federalist No. 1

SECTION 1

4 FOUNDATIONS OF FREEDOM

VIRTUOUS AND MORAL PEOPLE

WIDESPREAD EDUCATION

VIRTUOUS AND MORAL LEADERS

AUXILIARY PRECAUTIONS


What is a virtuous and moral person?


One who abides by the Golden Rule

Love thy neighbor as thyselfor

Do unto others as you wouldhave them do unto you

Thou shalt love the Lord thy Godwith all they heart, mind, and soul

What is a virtuous and moral person?


Freedom CANNOT be created or maintained UNLESS these fundamental laws of human action are obeyed

One who abides by the Golden Rule

• This is the Law AND the Prophets• This law governs the affairs of men within the

fold and in civil society• You must desire for all people, all rights and

freedom, you desire for yourself• These principles are the basis for what was called

“Natural Law”


All human institutions are made up of, made by, and maintained by

individuals

No such thing as the collective mind, will, or morality

The reason - or the end - defines the means

Individuals create institutions for specific reasons

IF...people are the source of legitimate government authority - they create it

AND...if they want good government - or the purpose [the end] of creating the institution is to secure freedom

AND...if good government and freedom require good people

THEN...if the people are not good, they cannot be free


“Avarice, ambition, [and] revenge...would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other”

~ John Adams


“Virtue is not [fostered] by written laws but by the habits of everyday life...Those who are rightly governed do not need [numerous laws]...for it is not legislation, but by morals, that states are well [governed]; since men who are bad...will [break] even laws which are [made] with [extra detail], whereas those who are [good] will be willing to [abide by simple and minimal laws]”

~ Isocrates BCE 350


“Over men void of principle, laws have no force...A power of restraining the tumultuous passions of the human heart, is found only in the dictates of solid morality; this therefore is as necessary To Republican Governments as blood to the Constitution of man.”

~ Noah Webster



1. In order for freedom to be preserved people need to be virtuous and moral

- However -• IF the people do not know:

• what a good leader should do • what the proper role of government is • what the principles of freedom are

• THEN how can they distinguish a good leader and good laws from a disguised demagogue and corrupt laws?

2. This particular kind of education must be perpetuated from generation to generation• Since it is a generational responsibility it must take place

primarily in the home


"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be"

~Thomas Jefferson

Education is to freedom what air is to fire, without the first the last will inevitably die out.

1. One of the best ways to insure virtuous and moral people is to elect virtuous and moral leaders• They should have the wisdom and courage to do the right and

proper thing - not just whatever the people or the highest bidder want

2. However, if leaders do not also obey the Golden Rule then they will strip the people of the rights God gave them



SOME DIFFICULTIES WITH REPRESENTATIVE GOVERNMENT THAT REQUIRE GOOD LEADERS

1. Representation is never complete

• Only a portion will be represented• That portion will tend to be the wealthy, organized, interested, and

powerful

2. If there are more elected officials in government than appointed officials(bureaucrats) then the rights of the people are more secure• But if there are more appointed than elected officials, the rights of the

people are less secure

"Most of the major ills of the world have been caused by well-meaning people who ignored the principle of individual freedom, except as applied to themselves, and who were obsessed with fanatical zeal to improve the lot of mankind-in-the-mass through some pet formula of their own...The harm done by ordinary criminals...and thieves is negligible in comparison with the agony inflicted upon human beings by the professional do-gooders, who attempt to set themselves up as gods on earth, who ruthlessly force their views on all - with the assurance that the end justifies the means”

~Henry Grady Weaver



1. Legitimate Foundation - Fed. 31a. Legitimate Authority - Fed. 1

b. Legitimate Role - Fed. 84

2. Vertical and Horizontal Separation of Powers - Fed. 27, 87, 51

3. Checks and Balances - Fed. 48

4. Written Constitution - Fed. 27

5. Periodic Elections - Fed. 53

6. Electoral College - Fed. 68

7. Factions - Fed. 10

Make up for what people and constitution lack in ability to check unjust use of power

2 METHODS FOR CURING MISCHIEFS OF FACTIONS

Remove the Causes Control the Effects


2 METHODS

DESTROY LIBERTY CLONE CITIZENS

• Create a governing power independent of the people (king)

• This is worse than the disease

• Make every person have same passions, opinions and interests

• Impractical as the first is unwise

REMOVE CAUSES

Remove the Causes

2 METHODS FOR CURING MISCHIEFS OF FACTIONS

Control the Effects


1. Extend geographical sphere of government

2. Secure unalienable rights to every man andleave them alone to pursue own interests

3. Make the FORM of government republican

4. Punish the violation of duties

CONTROLEFFECTS

“In the federal republic of the United States... society will be broken into so many parts, interests and classes of citizens, that the rights of individuals...will be in little danger from interested combinations. In a free government, the security for rights...consists in one case in the multiplicity of interests...Justice is the end of government...and in the extended republic of the United States, and among the variety of interests, parties and sects, a coalition of the majority could seldom take place on any other principles than those of justice...”

~ Federalist 51

CONTROL EFFECTS


SUMMARY





3. People must choose leaders who are also good

2. People must be educated in the principles and laws of freedom and good government - done primarily in home

4. However - 1, 2, and 3 and the limited and defined powers of government are not enough to check usurpation of power

5. Must include additional “fences”, or precautions against encroachments and usurpations of power

1. People must be good - obey what was called natural law


SUMMARY

6. Must leave people alone to pursue their own interests to prevent one or two groups from dominating the whole

SECTION 2

THE CONSTITUTIONAND OUR RELATIONSHIP TO IT

PEOPLE

STATES

JUDICIARYHOUSEEXECUTIVE SENATE

THE CONSTITUTION

STANDARD OF REVIEW FOR UNDERSTANDING OUR RELATIONSHIP TO THE CONSTITUTION

In order to understand the relationship we must:

1. Know who and what the parties are - and their true naturea. Know yourself first - who and what are you?b. Know other parties second

2. Know the historical nature of the relationship

a. What was the process that created the legal relationship? b. Only then do the details of the relationship have any meaning

3. Discover the details by asking and answering all questions in connection with points 1 and 2.

KNOW TRUE NATURE OF ALL PARTIES

WHO AND WHAT ARE YOU WHO AND WHAT ARE THE OTHER PARTIES

• The Sovereign

• The source of authority

• The representation of those who made the Constitution legal

- WE THE PEOPLE -

• Government officials

• The servants/guardians

• The Constitution

• God

QUESTION

WHAT IS THE CONSTITUTION?

America’s heritage of legal covenants as a basis for law

THE CONSTITUTION AS COVENANT LAW

Colonial Charters• Mayflower Compact - 1620• Massachusetts Bay Colony - 1628• Fundamental Orders of Connecticut - 1639• Government of Pennsylvania - 1682


Covenant: An agreement between 3 parties; entered into by two of the partiesand confirmed by the third.


Mayflower Compact - 1620

1. “In the name of God, Amen.”

2. “We, whose names are underwritten...mutually

covenant”

3. "Combine ourselves together into a civil Body

Politick."

4. “And by virtue hereof do enact . . . such just and equal Laws . . . from time to time . . .unto which we promise all due Submission and Obedience,"

5. "Laws, Ordinances, Acts, Constitutions, and Officers" would be enacted "from time to time" in accordance with the compact




Ancient Israel

Gods covenants with ancient Israel set the pattern for just covenants between men, including civil covenants.

6 Principles

1. Justification of Authority2. Reciprocity3. Community3. Irrevocability4. Limited Modifiability5. Bindingness on Future Generations6. Legal Framework for Administration of Law



Mayflower Compact of 1620 - Principles from Ancient Israel

1. “In the name of God, Amen.”a. Justification of Authority to make law

2. “We, whose names are underwritten...mutually covenant”a. Reciprocity

1. "Combine ourselves together into a civil Body Politick."a. Community

2. “And by virtue hereof do enact . . . such just and equal Laws . . . from time to time . . .unto which we promise all due Submission and Obedience,"a. Irrevocability and Binding on Future Generations

2. "Laws, Ordinances, Acts, Constitutions, and Officers" would be enacted "from time to time" in accordance with the compacta. Framework for administration of law




Covenant concepts in the Constitution

1.Justification of Authority• “We the People”

2.Reciprocity• “We the People...do Ordain and Establish”

3.Community• “We the People...form a more Perfect Union• A Federated Nation. Many states, one people

4.Irrevocability and Binding on Future Generations• Supreme Law of the Land, Secure the blessings of liberty to...our posterity

5.Limited Modifiability• Amendments

6.Legal Framework for Administration of Law• Limited, Defined, and Enumerated Powers



1. Despite the covenant nature of the Constitution it was not written in theological terms like the Mayflower Compact

2. Written in the same manner as 18th century standards of private and common law contracts

3. But where did English common law come from?a. Ancient Israel through the Anglo-Saxons

The Common Law was The Law of God

TRUSTRequirements for

legal creation of Trust1. Trustor - Settlor: Creator

2. Trustee: Agent of Trustor and Beneficiary

3. Beneficiary: Party protected by or benefits from Trust

4. Valuable consideration over time: corpus/body of Trust

5. Trust is intentionally and deliberately made and accepted by proper parties

THE CONSTITUTION A PUBLIC TRUST

3 COMMON ELEMENTS

Do everything the creator of the trust would do if present

Act as agent deemed fit and proper in accordance with

delegated powers

1. TRUSTS DELEGATED POWER TO AGENT TO:

COMMON LEGAL ELEMENTSOF TRUSTS IN FOUNDING ERA

3 COMMON ELEMENTS

Do everything that is absolutely necessary to carry out specific

powers

Do everything that is reasonably necessary - or incidental - to carry out specific

powers

Choose the best method, among many, for executing the specific powers

2. IF AGENT WAS NOT TOLD OTHERWISE, POWER WAS ALSO SPECIFICALLY GRANTED TO:


3 COMMON ELEMENTS

The agent must maintain undivided loyalty to creator and beneficiary

The agent’s actions must be proper to his delegated powers

Agents must also:•Remain above “corruption”•Be a disinterested promoter of creator’s and beneficiary’s general interest and welfare

3. AGENTS ALSO REQUIRED TO ACT IN GOOD FAITH:


“Parliaments possess no power beyond the limits of the trust for the execution of which the were formed. If they contradict the trust, they betray their constituents and dissolve themselves.”

~ 1776 Richard Price


“Notwithstanding the different modes in which [state and federal officers] are appointed, we must consider both of them, as substantially dependent on the great body of the citizens of the United States. The Federal and State Governments are in fact but different agents and trustees of the people, instituted with different powers and designated for different purposes.”

~ Federalist 46


“[The Constitution is]...a great power of attorney, under which no power can be exercised but what is expressly given.”

~ James Iredell


“Judgement in cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any office of honor, Trust or Profit under the United States...”

~Art. 1 Sec. 3 Cl. 7 - Constitution


“...no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

~Art. VI Cl. 3 - Constitution


“The purpose was “to reinforce the role of congress as agents of the people, exercising implied incidental (necessary, as a legal term) power ‘for carrying into execution’ their written instructions (the Constitution), [according] to [normal requirements of private] trusts. This was the meaning the Federalists sold to the ratifying public.”

~ Robert G. Natelson


We The People

The Constitution

Lawyers

The People through the ratifying conventions1. Trustor, Creator, Maker

Agents of the people - All government officers elected and appointed

2. Trustee

3. Beneficiary

4. Valuable Consideration Over Time

5. Framers Role


ORIGINAL INTENT V. ORIGINAL UNDERSTANDING

PURPOSE OF THE PREAMBLE

DEFINES THE ENDS FOR WHICH THE TRUST WAS WRITTEN

1. Form a “more perfect” Union - Than the Articles of Confederation

2. Establish Justice

3. “Insure” Domestic Tranquility

4. Provide for the Common Defense

5. Promote the General Welfare

6. Secure the Blessings of Liberty

7. Transfer that Security and those Blessings to Posterity


1. Make trustees of the public, Trust agents of the people, and officers of the government• Separate, check and balance their powers• Framers drew up a Limited, Extended, Commercial, Federal, Democratic,

Republic - Trust2. Limit and define their powers to keep officers from violating the public

trust

3. Require them to take legal Oath to uphold the Trust

How to prevent government from usurping authority and violating rights of man




trust


The person who takes an oath is bound in two ways:

1.His words should agree with his intent or to “swear truly”2.His action should be consistent with his words or to “swear faithfully”

~Hugo Grotius





trust


Oath: An outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God

Official Oath: Taken by the authority of law, by which the party declares that he will fulfill certain mentioned duties

~William Blackstone





trust


4. If officers violate the public trust they are guilty of treason and perjury - and held accountable before the people

• Because government officers are Agents and Trustees of the people, they have no authority to betray their principals

~WE THE PEOPLE~



1. Ratification Debates Understanding • To the extent discoverable

2. Federal Convention Intent

3. Textual Reading of Constitution• How at the time, the text would have been interpreted

by an objective reasonably well informed observer

STANDARD OF REVIEW FOR DISCOVERINGORIGINAL UNDERSTANDING OF CONSTITUTION


CONCLUSIONS & QUESTIONS1. Freedom is impossible to create and maintain unless:

2. In order to begin understanding Constitution we must understand the true nature of our relationship to it

3. The Constitution was framed in the same manner as 18th century private law Trusts

4. Government officers are legal agents and trustees of the people with limited and defined authorized powers and sphere(s) of action - (rights)

5. Original intent of the framers is important, but original understanding of the ratifying conventions is the legal manner in which Constitution should be interpreted - at least to the extent discoverable

6. Because this knowledge is a generational requirement for freedom to survive it must be taught principally in the home

• People are good• People pick good leaders and those leaders remain good• People know and understand principles of freedom, can define them,

articulate them, and defend them• Additional supports are in place to help people and constitution

prevent and redress abuse of power

Q: If I had to articulate and accurately define the principles of freedom and good government how well would I do?

Q: What can I start doing right now to begin re-creating good government?

Q: If it is my responsibility to learn true principles of freedom and good government, and teach them in my home, how can I start doing that more effectively right now?

Q: If I had to help in the creation of good government in my community, would I be able to positively contribute to the process?

Q: Do I actively practice and implement the principles of good government within my family unit?

Q: What kind of person do I need to be in order to do what I need to do?

CONCLUSIONS & QUESTIONS

WHAT IS YOUR VISION?

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