Basic Jurisdictional Principles
A Theological Inventory of American Jurisprudence
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  Amendments XI-XXVII  
 
 
"You ask me what Bible I take as the standard of my faith – the Hebrew, the Samaritan, the old English translation, or what? I answer, the Bible containing the Sermon on the Mount – any Bible that I can . . .  understand. The New Testament I have repeatedly read in the original Greek, in the Latin, in the Geneva Protestant, in Sacy’s Catholic French translations, in Luther’s German translation, in the common English Protestant, and in Douay Catholic translations. I take any one of them for my standard of faith. . . .  But the Sermon on the Mount commands me to lay up for myself treasures, not upon earth, but in Heaven. My hopes of a future life are all founded upon the Gospel of Christ. . . .  You think it blasphemous that the omnipotent Creator could be crucified. God is spirit. The spirit was not crucified. The body of Jesus of Nazareth was crucified. The Spirit, whether external or created, was beyond the reach of the cross. You see, my orthodoxy grows on me, and I still unite with you in the doctrine of toleration and benevolence." 1
 
 

The amendments to the Constitution that follow the Bill of Rights, on the whole, are a mixed bag. 2 The 11th Amendment essentially changed Article III § 2 cl 1 to make it impossible for a citizen of one State to sue the government of another State. 3 As such, it gave more latitude to State’s rights advocates, even giving comfort and safety to people that practiced institutionalized bloodshed. — The 12th Amendment essentially corrected a real flaw in the way the president was elected — The "Civil War Amendments" (13th, 14th, and 15th) can be characterized as being much needed corrections to the slavery embedded in the original Constitution. — Three of the subsequent amendments are efforts at national consolidation. In other words, three of the remaining amendments are active efforts by ignorant and/or malicious people at eliminating the compact theory of government from American jurisprudence. The 16th, 17th, and 18th Amendments are either clearly and obviously aimed at enhancing national consolidation, or they are clearly and obviously aimed at eliminating the global covenant’s consent rule, or both. — The 19th Amendment rightly made the voting privilege available to women. The 20th Amendment changed the date a newly elected president took office from March to January. The 21st Amendment rightly repealed the 18th Amendment (prohibition of alcoholic beverages). 4 The 22nd Amendment merely ensures against permanent takeover of the presidency by a tyrant. The 23rd Amendment gave people who live within the District of Columbia the privilege of voting for the President and Vice President. The 24th Amendment banned the poll tax. The 25th Amendment ensures orderly succession to the presidency if the president dies or becomes disabled. The 26th Amendment merely lowers the voting age to eighteen. The 27th Amendment makes it difficult or impossible for legislators of the general government to vote pay raises for themselves that take effect prior to the next election.

The single amendment which was designed to protect the State’s rights of slave States (11th), along with all the amendments aimed clearly and obviously at eliminating the compact theory of government via national consolidation (16th, 17th, 18th), should all be repealed. In other words, the 11th, 16th, and 17th amendments should be repealed for the sake of helping to return the country to a legal system consistent with the global covenant. The 18th has already been repealed by the 21st. The 23rd should probably be repealed, but it’s probably not worth squabbling over at this time. The 12th, 13th, 14th, 15th, 19th, and 27th amendments are important, and need to remain fully functional parts of the Constitution. The 20th, 22nd, 24th, 25th, and 26th amendments may be acceptable, and are probably not worth squabbling over at this time.

Amendment XI: 5

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

In 1793 a citizen of South Carolina sued the State of Georgia based on Article III § 2 cl 1, which says, "The judicial Power [of the United States] shall extend . . .  to Controversies . . .  between a State and Citizens of another State". 6 Chisholm, the executor of a textile merchant from South Carolina, sued Georgia to recover the value of clothing supplied by the merchant to Georgia during the War for Independence. The State of Georgia claimed sovereign immunity and refused to appear. The supreme Court found in Chisholm’s favor. Justices Wilson and Jay issued opinions that sovereignty resides with the people, and Georgia needed to pay up. — It makes sense that if sovereignty resides in the consent of the people, a State is nothing more than a public corporation created by the consent of the people, and such corporation can sue and be sued. But Congress later led the people to ratify the 11th Amendment, which essentially protected the concept of sovereign immunity. 7

Because sovereign immunity is an obvious violation of the consent rule implicit in the global covenant, the 11th Amendment should be repealed.

Amendment XII: 8

The 12th Amendment changed the way that the president is elected. Article II originally provided that one ballot be used for both President and Vice President, so that whoever received the most votes became President, and the runner-up became the Vice President. This arrangement caused so much trouble in the election of 1800 that the 12th Amendment was ratified to fix it. 9

We see nothing about this amendment that violates the global covenant.

Amendment XIII: 10

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Congress shall have power to enforce this article by appropriate legislation.

This is one of the three amendments that correct the Constitution’s institutionalization of bloodshed. The only thing wrong with it is that it was ratified after the slave States were invaded, instead of before. For the sake of preserving consent as the basis for all government – for the sake of preserving the compact theory of government – this amendment should have been ratified first, then the slave States should have been forced to eliminate slavery. 11 Obviously, divine providence rules rather then our ideals.

Amendment XIV: 12

The 14th Amendment is the second of the three amendments that correct the Constitution’s most prominent institutionalized bloodshed. It is pivotal to many, if not most, of the legal changes that have happened since the War Between the States. Because it has been covered piecemeal elsewhere in this inventory of American jurisprudence, and because we’re attempting merely a cursory examination of the Constitution here, we’ll not attempt to examine it in detail. — The main thing that the 14th Amendment has done – besides making all slaves citizens and guaranteeing that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens . . . ; nor . . .  deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws." – is that it has thereby eliminated the fa├žade of legitimacy that States claimed in executing their police powers. In other words, the general government, through the 14th Amendment, started genuinely enforcing the Supremacy Clause, 13 and started genuinely enforcing the concept of "Republican Form of Government", on the States. 14 Regrettably, the general government’s concept of Republican . . .  Government is a long way from being consistent with republican government defined by way of the global covenant. Rather than acknowledging that both the general government and the State governments are lawful only as secular social compacts, the general government has in essence been claiming to be a religious social compact, with all the myriad police powers associated with religious social compacts. The 14th Amendment has been at the core of this system of delusional jurisprudence, this nest of rationalizations. — There is nothing wrong with the 14th Amendment, on its face. But its implementation has been outrageous. It has been the vehicle through which the general government and its administrative provinces have been turning into a police state.

Amendment XV: 15

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

This third of the three "Civil War Amendments" has absolutely nothing wrong with it, at least on its face.

Amendment XVI: 16

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Since the 16th Amendment modifies the original methods of taxation, it’s absolutely critical to see it in the context of the global covenant’s constraints on taxing (taking) and spending. The constraints demand that there be a linkage between taxing and spending, and the constraints demand that there be acknowledgement that lawful spending of the general secular social compact is limited by specific jural and ecclesiastical functions. Lawful confiscatory taxation – i.e., the lawful authority of the government to collect taxes without the consent of the tax payer (takings) – is confined to spending on jural functions. In contrast to this, the 16th Amendment laid the legal foundation for building the Internal Revenue Service. The IRS collects gargantuan quantities of tax "dollars" for practically every purpose under the sun, especially "social engineering". 17 If the general and State governments limited themselves to their lawful functions as secular social compacts, there would have never been any reason to modify the original tax clauses. But this is a long way from being the only thing wrong with the 16th Amendment.

A principle deriving from the global covenant is that it’s perfectly lawful for a social compact that’s part of a confederation of social compacts to stand as a guard and protector of its citizens against the confederacy’s abuse of power. In other words, it’s perfectly lawful for such a social compact to nullify the confederation’s laws, even to secede if necessary. By collecting "taxes on incomes . . .  without apportionment", the general government goes directly into the pockets of State citizens as though the State governments didn’t even exist. This is the essence of national consolidation. It’s a clear negation of the compact theory of government, and it’s a clear negation of the principle that lawful governments are built on consent.

These two factors – (1)lack of linkage between lawful taxation and lawful spending, and (2)negation of government by consent – are absolutely undeniable reasons to repeal the 16th Amendment. Other reasons are so numerous as to be practically beyond counting.

Amendment XVII: 18

The 17th Amendment essentially trashes the Great Compromise that allowed the Constitution to be framed in the first place. It replaced election of Senators by State legislatures, with election by the general population of the State. "No other amendment to the Constitution has done so much to unsettle the structure of the government conceived by the Founders.". 19 This is another act of national consolidation. This national consolidation essentially eliminates a check built by the framers into the Constitution to protect citizens against centralization of power in a monolithic, imperial government. The ratification of the 17th Amendment paved the way for the Welfare State. The 17th Amendment should be repealed because it is the abandonment of the compact theory of government, which is an abandonment of the principle that governments can be lawfully constructed only through consent.

Amendment XVIII: 20

The 18th Amendment prohibited the manufacture, sale, and transportation of "intoxicating liquors". The manufacture, sale, and consumption of alcohol were originally within the scope and purview of the States, or were "retained by the people". After the War Between the States, the general government usurped police powers over such things. This was therefore another brazen act of national consolidation. This amendment was repealed by the 21st Amendment. But we have still not recovered from the damage it did, evidenced by the fact that the "drug war" continues. In it the general, State, and local governments exercise police powers that are properly "retained by the people", and they commit bloodshed against a whole class of humanity, where this class of humanity is not overtly harming anyone other than themselves. If we don’t want to be around drug addicts, then we need to form religious social compacts to keep them out without violating the global consent rule. — This amendment and the "war on drugs" are clear examples of how our government is plagued by a syndrome in which (1)it identifies or misidentifies a problem; (2)it creates a solution that violates property rights and ignores lawful jurisdictions; and (3)it continues with this pseudo-solution until the government implodes.

Amendment XIX: 21

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

The 19th Amendment gives women the privilege of voting. It in no way conflicts with the global covenant.

Amendment XX: 22

The 20th Amendment essentially changed the date on which a newly elected President takes office. There’s nothing obvious about it that conflicts with the global covenant.

Amendment XXI: 23

The 21st Amendment repealed the 18th Amendment.

Amendment XXII: 24

The 22nd Amendment ensures against takeover of the presidency by a tyrant. There’s nothing inherently wrong with it.

Amendment XXIII: 25

The 23rd Amendment gave people who live within the District of Columbia power to vote for President and Vice President. Some people may consider this a step towards national consolidation, since Washington, D.C., already has too much power over the rest of the country. This is a valid argument, especially in light of the fact that D.C. has virtually no industries, and everyone who lives there is either a government employee, someone who services government employees, or someone who is on the dole (and needs to be weaned). So perhaps the 23rd Amendment should be repealed because it is part of the national consolidation.

Amendment XXIV: 26

The 24th Amendment eliminated the poll tax. We see nothing wrong with it.

Amendment XXV: 27

The subject of the 25th Amendment is presidential succession and the process of getting another Vice-President when the existing one becomes President. We can see nothing inherently wrong with it.

Amendment XXVI: 28

The 26th Amendment lowered the voting age to eighteen. Assuming that all the other problems with citizenship, consent, rites of passage from minority to majority status, etc., 29 were resolved, there would be nothing wrong with this amendment. But since most eighteen-year olds have been indoctrinated into secular humanism by government schools, their knowledge about how to vote wisely is virtually non-existent. The country is better off when ignorant people – especially ignorant people who receive benefits from government-funded entitlement programs, like public schools and Pell Grants – stay away from the polls. But this is a government that presumes to be built on consent. So even brainwashed adolescents need to have a say.

Amendment XXVII: 30

The 27th Amendment makes it difficult for legislators of the general government to increase their pay prior to an election. Being elected, then increasing one’s pay before the next election, is a great way to betray the constituency’s trust. This amendment was originally proposed in 1789. The fact that it wasn’t ratified until 1992 probably relates to the fact that Congress has been held in lower regard in recent decades, and they feel compelled to put up some window-dressing, more than ever before.

Footnotes

1Writings of John Quincy Adams, vol. 6, pp. 135-136. — This quote appears in From Sea to Shining Sea, pp. 184-186. It comes from a letter written by John Quincy Adams to his father, John Adams, in about 1817. "[T]he incipient spread of Unitarianism gradually, imperceptibly engulfed the upper, more enlightened strata of Boston society. While few would go so far as to espouse the nihilistic extremes of the French Deism, nonetheless it had become unfashionable to adhere to the simple Trinitarian doctrine on which the Bay Colony had been founded. . . .  The . . .  son . . .  received a letter from his father, mildly remonstrating with him for beginning to gain an unfortunate reputation for being a champion of orthodoxy. . . .  [A] transatlantic debate now ensued . . . . . . .  John Adams the elder had never been one to enter into any area of thought without careful study, least of all something as important as religious doctrine, and now he challenged his son on academic grounds. He had discussed the matter in recent correspondence with Thomas Jefferson, among others; he had read books and listened to sermons on the subject and was now convinced that Unitarianism was the correct, the only sensible course that a man with an inquiring mind could take. He was surprised that his son should dispute this . . . .".

2Bill of Rights URL: ./0_6_Bill_of_Rights.htm.

3Article III § 2 cl 1 URL: ./0_4_1_0_0_Art_III_Sec_2_Cl_1_(Intro).htm.

4Rightly because the 18th Amendment was the arrogation by a secular social compact of police powers that can only be exercised without bloodshed by a religious social compact.

5Passed March 5, 1794. Ratified January 8, 1798. — The 11th Amendment modifies Article III § 2 cl 1, URL: ./0_4_1_0_0_Art_III_Sec_2_Cl_1_(Intro).htm.

6Article III § 2 cl 1 URL: ./0_4_1_0_0_Art_III_Sec_2_Cl_1_(Intro).htm.

7The Oxford Companion to the Supreme Court of the United States, p. 144, "Chisholm v. Georgia", by Charles F. Hobson.

8Passed December 9, 1803. Ratified September 25, 1804.

9The Oxford Companion to the Supreme Court of the United States, p. 881, "Twelfth Amendment", by Stephen E. Gottlieb.

10Passed February 1, 1865. Ratified December 18, 1865.

11Since all people are mandated by the global covenant to execute justice against bloodshed, it’s absolutely appropriate for private individuals and groups to fight slavery, even if – perhaps especially if – the government doesn’t. We’re saying that the "Civil War Amendments" should have been ratified before the invasion of the South, rather than after, only for the sake of the rule of law – for the sake of the principle that due process is generally better than vigilance committees. — For more about this, see Article II § 2, URL: ./0_3_Art_II.htm​#Article2Sec2Cl1.

12Passed June 16, 1866. Ratified July 28, 1868.

13Supremacy Clause URL: ./0_5_Art_IV-VII.htm​#Article6Cl2.

14Regarding "Republican Form of Government", URL: ./0_5_Art_IV-VII.htm​#Article4Section4.

15Passed February 27, 1869. Ratified March 30, 1870.

16Passed July 12, 1909. Ratified February 25, 1913.

17Some have posited a plausible argument that taxes, including "income taxes", are unnecessary because the current secular governments are able to generate adequate revenues through the "hidden tax" levied by making money out of nothing. If this is the case, then the IRS is clearly not really a revenue procurement agency, but rather a safety valve for the Federal Reserve System. For more about this, see The Creature from Jekyll Island, pp. 185-207, Chapter 10, "The Mandrake Mechanism".

18Passed May 16, 1912. Ratified May 31, 1913.

19Carson's Basic History of the United States, Vol. 4, pp. 176-178.

20Passed December 17, 1917. Ratified January 29, 1919.

21Passed June 5, 1919. Ratified August 26, 1920.

22Passed March 1, 1932. Ratified January 23, 1933.

23Passed February 20, 1933. Ratified December 5, 1933.

24Passed March 12, 1947. Ratified March 1, 1951.

25Passed June 16, 1960. Ratified April 3, 1961.

26Passed August 27, 1962. Ratified January 23, 1964.

27Passed July 6, 1965. Ratified February 10, 1967.

28Modifies 14th Amendment § 2. Passed March 23, 1971. Ratified July 1, 1971.

29See Article I § 8 cl 4, URL: ./0_2_1_3_Art_I_Sec_8_Cl_4.htm​#AlienageAndNaturalization.

30Originally proposed, September 25, 1789. Ratified May 7, 1992.

 
 
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