Congress Hall Cafe
US CONSTITUTION Preamble
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
“We the People…” – the Source of Sovereignty
George Washington :The power under the Constitution will always be in the People.” dc.306
Timothy Pickering 1787 “Do not the people constitute the states? Are not the people the fountain of all power? & Whether this flow in 13 distinct streams, – or in one larger stream, with thirteen branches, is not the fountain still the same? And the Majesty of the People undiminished?” 401
‘History of the Common Law’ speaks of the prerogative powers of the sovereign. The creation of law courts is one such power of prerogative manifesting from the king’s responsibility to render justice. In America, sovereign power and the responsibility for justice is in the people themselves. American citizenship is kingly and having the king’s prerogative through suffrage, they display their authority in their constitutions. 319 (not sure)
Chief Justice John Marshal “The Government of the Union then…is, emphatically and truly, a Government of the people. In form and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.”
James Wilson “…You have heard of Sparta, Athens, and of Rome; you have heard of their admired constitutions, and of their high-prized freedom…But did they, in all their pomp and pride of liberty, ever furnished, to the astonished world, an exhibition similar to the which we now contemplate? Were their constitutions framed by those, who were appointed for that purpose, by the people? After they were framed, were they submitted to the consideration of the people? Had the people an opportunity of expressing their sentiments concerning them? Were they to stand or fall by the people’s approving or rejecting vote?” aconst.10
History of the Common Law says that the sovereign by long tradition was the fountain of justice with a sacred obligation to right the wrongs of the people.” 275
Note: In ancient England the fountain of justice was in the king but in the American Union the fountain of justice is in the People. The American people as the fountain of justice are required by sacred obligation to bring justice to the people in general. Every American citizen is required to encourage and enforce justice in their community. They are to have the virtues and quality of a good sovereign and to be enlightened in the laws of the land and magistrates who execute them just as any good king would be required.
“We the People…” are to be Enlightened
Thomas Jefferson “I know no safe depository of the ultimate powers of the society, but the people themselves: and if we think them not enlightened enough to exercise their controul with a wholsome discretion, the remedy is, not to take it from them, but to inform their discretion by education. this is the true corrective of abuses of constitutional power.” 1820 September 28. (to William C. Jarvis)
Noah Webster “In no country is education so general…have the body of the people such a knowledge of the rights of men and the principles of government. This knowledge, joined with a keen sense of liberty and a watchful jealousy, will guard our constitution, and awaken the people to an instantaneous resistance of encroachments.” dc159
Plain Truth 1787 “…among this enlightened people, no government whatever could control the press: For after all that is said about “balance of power,” there is one power which no tyranny on earth could subdue if once roused by this great and general grievances, that is The People.” dc108
Noah Webster 1787 “In the formation of such a government, it is not only the right, but the indispensable duty of every citizen to examine the principles of it, to compare them with the principles of other governments, with a constant eye to our particular situation and circumstances, and thus endeavor to foresee the future operations of our own system, and it effect upon human happiness.” dc 129
“We the People” are to be Virtuous or Moral
|John Adams in a speech to the military in 1798 warned his fellow countrymen stating, “We have no government armed with power capable of contending with human passions unbridled by morality and religion . . . Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” John Adams is a signer of the Declaration of Independence, the Bill of Rights and our second President.
Benjamin Rush, Signer of the Declaration of Independence said. “[T]he only foundation for a useful education in a republic is to be aid in religion. Without this there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican governments. Without religion, I believe that learning does real mischief to the morals and principles of mankind.”
Noah Webster, author of the first American Speller and the first Dictionary said, “[T]he Christian religion, in its purity, is the basis, or rather the source of all genuine freedom in government. . . . and I am persuaded that no civil government of a republican form can exist and be durable in which the principles of that religion have not a controlling influence.”
Gouverneur Morris, Penman and Signer of the Constitution. “[F]or avoiding the extremes of despotism or anarchy . . . the only ground of hope must be on the morals of the people. I believe that religion is the only solid base of morals and that morals are the only possible support of free governments. [T]herefore education should teach the precepts of religion and the duties of man towards God.”
Fisher Ames author of the final wording for the First Amendment wrote, “[Why] should not the Bible regain the place it once held as a school book? Its morals are pure, its examples captivating and noble. The reverence for the Sacred Book that is thus early impressed lasts long; and probably if not impressed in infancy, never takes firm hold of the mind.”
John Jay, Original Chief-Justice of the U. S. Supreme Court , “The Bible is the best of all books, for it is the word of God and teaches us the way to be happy in this world and in the next. Continue therefore to read it and to regulate your life by its precepts.”
James Wilson, Signer of the Constitution; U. S. Supreme Court Justice, “Human law must rest its authority ultimately upon the authority of that law which is divine. . . . Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. Indeed, these two sciences run into each other.”
Noah Webster, author of the first American Speller and the first Dictionary stated, “The moral principles and precepts contained in the scriptures ought to form the basis of all our civil constitutions and laws. . . All the miseries and evils which men suffer from vice, crime, ambition, injustice, oppression, slavery, and war, proceed from their despising or neglecting the precepts contained in the Bible.”
Robert Winthrop, Speaker of the U. S. House, “Men, in a word, must necessarily be controlled either by a power within them or by a power without them; either by the Word of God or by the strong arm of man; either by the Bible or by the bayonet.”
George Washington, General of the Revolutionary Army, president of the Constitutional Convention, First President of the United States of America, Father of our nation, ” Religion and morality are the essential pillars of civil society.”
Benjamin Franklin, Signer of the Declaration of Independence “[O]nly a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.”
“Whereas true religion and good morals are the only solid foundations of public liberty and happiness . . . it is hereby earnestly recommended to the several States to take the most effectual measures for the encouragement thereof.”
Continental Conghttp://www.free2pray.info/5founderquotes.htmlress, 1778
Samuel Bryan “The state of society must be very corrupt and base indeed, when the people in possession of such a monitor as the press, can be induced to exchange the heaven born blessing of liberty for the galling chains of despotism.” dc.77
Note:Why is America suffering under judges who do not know the rule of law? We can look to the failure of the Senate as a viable check on Presidential nominations or we can go to the source of the problem – the American People. The American people headlines the US Constitution preamble as We the People. As the constituted sovereign of a federated union, We the People have certain sovereign duties such as: to be enlightened, to be virtuous, to be able to discern good and evil, to have a sovereign knowledge of God’s law and the laws of the land, to review and remove public agents. Until the sovereign, the people, returns to the weekly Sabbath throne for the performance of its public duty, the nation will be left wondering without their instituted ruler even as the servants of the ruler work to overthrow their master.
Note: The written words of the Constitution is understood and supported by the unwritten principles and legal culture that ordained the written version. In this light, “We the People” in their culture, customs and beliefs become constitutionally important. At the time of signing of the Declaration, America’s social compact, and at the enactment of the Constitution, creating the America’s federal system, the People were predominately and homogeneously Christian, thus Christianity and its legal principles, the unwritten constitution, are constitutionally inclusion in the written version. “We the People” is a constitutional statement that encompasses the moral ethics of the People of the Holy Book, and it becomes the constitutional work of the federal system to ensure the inclusion of Christian principles in their interpretation. For example, Blackstone states, “The law of nature, being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this.” Additionally, this principle supports America’s social compact, the Declarations of 1776, that says God as Creator of our people’s inalienable rights and the Supreme Judge of their rectitude and as a nation we are under the laws of nature and nature’s God. A constitutional responsibility.
George Washington “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens.” Farewell Address
George Washington “And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.” Farewell Address
“We the People” begins the American Constitution. The People are the highest constituted authority in the American Union. The nature and character of the People will determine the nature and character of the American Union. Is it not reasonable to say that if the People are ill-informed then the American Union will suffer from that ignorance, or if the People are immoral that its depravity will comprise its institutions, and if the People are enslaved to addictions that such slavery will permeate through the entire system. Is it not just as reasonable to say that if the People are enlightened to the dangers of civil government that they will be ever vigilant over the laws and the agents who execute them. It is not just as reasonable to say if the People are striving toward virtue that their virtue will bless their institutions to the profit of all, and if the People place a high bar on morality that high bar will bring decency to our municipalities. Can the sovereign of America, the People, forsake their sacred obligations of being informed and virtuous and yet still have the quality of life that all desire and want? What folly to the let the People surrender the sovereign duties ! He is a threat to all who sanctions the abdication to moral duty by the American Sovereign for a life of vice and ignorance when so much is at stake.
We the People – Juries
Theophilus Parson “only his fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congressman hurt him; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation.” a.const.240
Chief Justice Jay 1794 “Gentlemen….you have…a right to take upon yourselves to judge of both…the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay the respect, which is due to the opinion of the court: For, as on the one had, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumable, that the court are the best judge of law. But still both objects are lawfully, with your power of decision.” Georgia v Brailsford.
Note: At the time of the ratification of the US Constitution and Bill of Rights the jury was power over both fact and law. The jury as well judges could declare a law unconstitutional much like judicial review and an executive veto. Jury over fact and law being part of the Constitution can only be changed by a constitutional amendment.
‘…a more perfect Union…”
Note: From 1781-1789 the Union of States operated insufficiently under the Articles of Confederation, an improved Constitution was needed. A list improvement according to Hamilton…
– Establish a government capable of regulating, protecting, and extending the commerce of the Union.
– Protect Americans against domestic violence and the depredations which the democratic spirit is apt to make on property.
– Respectability of the nation. Give hope to the creditors of the United States by a general government possessing the means of paying the debt of the Union.
– Overall belief in the people of the insufficiency of the present confederation to preserve the existence of the Union.
-Without a new constitution a civil war, division, and foreign influence would result. deb/cons.9
Hamilton “A man must be far gone in Utopian speculations who can seriously doubt, that if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other.” fedPap.#6
Note: The basic goal or effect of the Constitution is to “establish Justice”. The first principle of justice relies on the accurate definition of good and evil. Without this definition justice cannot be assured. Fortunately, the definition of good and evil is linked to the subscription clause of the Constitution Article VII that says “done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth.” “Our Lord” refers to Jesus Christ and “Lord” is the word for Divine Authority. Americans find their definition of good and evil from a Higher Constituted Authority of “our Lord” referring to Jesus who authorizes the laws given to Moses. For the Independence of America, we can refer to the Declaration of Independence which declares God the Creator of our Inalienable rights and Supreme Judge of our Rectitude and according to the Christian signers of this document, this is the God of Israel, the God of the Bible.
General Welfare and Defense
Holt writes the from the accession of the English kings Henry II and John the complexities and industrial advantages where growing in the nation. This required settled legal procedures, inheritance and succession rules, rights of ownership and the like which the Crown had power to provide but reserved to itself the right to break, ignore, withhold, or suspend these required rules at its own convenience, or bend and twist them to suit its immediate interest. 35
Note: The General Welfare and Defense clause directs the power and resources as granted in the US Constitution towards the welfare and Defense of the people and not for the benefit and aggrandizement of their agents.
P. Webster 1787 “There can be no doubt that each State will receive from the union great support and protection against the invasions and inroads of foreign enemies, as well as against riots and insurrections of their own citizens; and of consequence, the course of their internal administration will be secured by this means against any interruption or embarrassment from either of these clauses.” 185
P. Webster 1787 “Another benefit they will receive from the control of the supreme power of the union is this, viz, they will be restrained from making angry, oppressive, and destructive laws, from declaring ruinous wars with their neighbors, from fomenting quarrels and controversies…all which ever weaken a state, tend to tis fatal disorder, and often end in its dissolution.