17SEP1787 – Coup d’etat in Philadelphia: US Constitution

Anyone who attended public school in the last 100 years have been taught that the US Constitution was one of the milestones in this country’s birth and maturation process towards being and becoming the land of the free.

This is rubbish. Americans were more free in 1783 with the Treaty of Paris than they were after the US Constitution was revealed on 17SEP1787 and finally ratified by 11 of the 13 former colonies two years later in 1789.

For those that would like to dig into the details rather than be persuaded by a single blog post I would recommend Sheldon Richman’s book ‘America’s Counter-Revolution: The Constitution Revisited‘:

This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America’s break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of “power, consequence, and grandeur.” America’s Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class.

Personally, way back in MAR1976 when I was a high school senior and 17 years old, I made the oath below:

“I, (state name of enlistee), do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

Enlisting in the US Navy, I had little to no idea as to the words I was repeating. At that time I was not aware how defective the Constitution was, the way it was created (the charge in 1787 was to amend the Articles of Confederation, not to replace it) and the way it has been abused.

Note that my first charge in this oath I took is to support and defend the Constitution from all enemies, foreign and domestic. So what if the President of the US is that enemy, how can I still “obey the orders of the President of the United States”?

Looking back in history, I see that many if not all the presidents have subverted the US Constitution either in the letter or spirit of that defective document. LBJ, FDR, Wilson, Lincoln and even Washington all said that some existing crises necessitated their decisions and actions. So what good is this document (as Lysander Spooner said)?

The answer is “Absolutely Nothing!” This document does nothing to restrain tyranny in these united States as it was originally intended, by some of its authors.

But I digress, for a better question is why was this document needed? Why were the Articles of Confederation just tossed aside? Why was this document drafted in the summer of 1787 in Philadelphia behind closed doors in tremendous secrecy?

The truth is, if word leaked out of the actual contents, the original intent and the agenda that was behind this major shift, the revolution that had just concluded would have been set ablaze again. The authors of this document were in a race against time and did everything in their power to ensure that the adoption took place as quickly as possible to avoid reflection and contemplation in the public square that would kill the proposal once the consequences of its agenda became apparent.

They were actually insisting that the states ratify first and then propose amendments later. The document had no bill of rights and it actually gave more power to the general or central government. It was a political coup d’état. No wonder Patrick Henry said he smelled a rat.

It was nothing less than an oligarchical coup to ensure that the moneyed interests, bankers and aristocrats could cement their positions and mimic the United Kingdom from which they had been recently divorced.

In the interests of truth, the document that should be taught before the US Constitution is in fact the Articles of Confederation that was conceived in 1776 and adopted in 1781. As William Buppert explains:

As Austrian economists have discovered, bigger is not necessarily better. The brilliant and oft-dismissed Articles of Confederation (AoC) and Perpetual Union are a testament to voluntarism and cooperation through persuasion that the Constitution disposed of with its adoption. Penned in 1776 and ratified in 1781, the spirit and context of the Articles live on in the Swiss canton system and are everywhere evident in the marketplace where confederationist sentiments are practiced daily. The confederation’s design divines its mechanism from what an unfettered market does every day: voluntary cooperation, spontaneous information signals and the parts always being smarter than the sum A. confederation according to the Webster’s 1828 dictionary is:

  1. The act of confederating; a league; a compact for mutual support; alliance; particularly of princes, nations or states.

This ‘marriage’ retains the freedom of the entities that would voluntary join to also exit. What is obvious is that the US Constitution did not guarantee this exit clause, otherwise the state constitutions of New York and Virginia would not have had exit rights penned into their own documents. Furthermore, when the Constitutional Convention convened in 1787, 55 delegates came but 14 later quit as the Convention eventually abused its mandate and scrapped the Articles of Confederation instead of revising it.

Ultimately, actions spoke louder than words when even the much admired Washington was revealed as having none of the talk of independence and wanting a firm hand on the yoke of the states to make them obey their masters on high. Washington’s behavior in the Whiskey Rebellion cast away any doubts of the imperious behavior of the central government a mere four year after the adoption of the Constitution.

There were those who stood in the way, but typical to politics in general, these people are marginalized. Patrick Henry gave the firmest defense of the skeptical posture when he questioned the precarious position the Constitution put to the state’s sovereignty on 5 June 1788 at the Virginia Ratifying Convention. It should be noted that the savvy ‘Founding Lawyers’ ensured that the process of ratification was sped along by bypassing the bicameral house requirements and simply asking the states to conduct ratifying conventions. Henry’s text says:

“How were the Congressional rights defined when the people of America united by a confederacy to defend their liberties and rights against the tyrannical attempts of Great-Britain? The States were not then contented with implied reservation. No, Mr. Chairman. It was expressly declared in our Confederation that every right was retained by the States respectively, which was not given up to the Government of the United States. But there is no such thing here. You therefore by a natural and unavoidable implication, give up your rights to the General Government. Your own example furnishes an argument against it. If you give up these powers, without a Bill of Rights, you will exhibit the most absurd thing to mankind that ever the world saw — A Government that has abandoned all its powers — The powers of direct taxation, the sword, and the purse. You have disposed of them to Congress, without a Bill of Rights — without check, limitation, or controul. And still you have checks and guards — still you keep barriers — pointed where? Pointed against your weakened, prostrated, enervated State Government! You have a Bill of Rights to defend you against the State Government, which is bereaved of all power; and yet you have none against Congress, though in full and exclusive possession of all power! You arm youselves against the weak and defenceless, and expose yourselves naked to the armed and powerful. Is not this a conduct of unexampled absurdity? What barriers have you to oppose to this most strong energetic Government? To that Government you have nothing to oppose. All your defence is given up. This is a real actual defect. . . “

We, in 2019, are feeling the full effects of this constitution’s real purpose with the emergence of the government spying on its citizens and the whole Red Flag law emergence. Total control implies that all guns are in the government’s hands so that “All your defence is given up”

Helpless tax slaves is the aim of the government we have today, thanks in part to the efforts of Madison, Hamilton and John Jay.

It appears that James Madison tried to reverse himself somewhat by introducing ten amendments called the Bill of Rights, but it was too little, too late, and only represented a piece of paper:

“Our constitutions purport to be established by ‘the people,’ and, in theory, ‘all the people’ consent to such government as the constitutions authorize. But this consent of ‘the people’ exists only in theory. It has no existence in fact. Government is in reality established by the few; and these few assume the consent of all the rest, without any such consent being actually given.”~ Lysander Spooner

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Big Picture – When an Empire Starts Invading Your Region (Part 1 of 2)

 

(20AUG2018: New image replaces old image that had an error)

You probably thought I would be talking about the Middle East, or Africa, and the American Empire of the 2000s, but this will be about 1776-1780 South Carolina when kicking out an empire is starting to become a lot harder than imagined. The resolve of the British Empire to retain the American colonies was evident in the early part of the war but led to a stalemate in the northern colonies.

In the southern colonies, Savannah fell to the British in late December 1778. Efforts by the Southern Command of the Continentals, Maj. Gen. Benjamin Lincoln, to get control of Georgia back under patriot control left Charleston vulnerable to British forces elsewhere.

By April 1779, British general  Augustine Prévost, decided to move his forces from Florida and threaten Charleston. By May 11th he arrived near the port and demanded its surrender. The South Carolina legislature, ticked at the lack of northern support, decided to offer the port only if South Carolina could remain neutral during the rest of the war. So much for South Carolina being fire-eaters right?

A politician might have accepted this, but this British military commander would have nothing of that and rejected the offer.  All it took was word that the Continentals under Lincoln were heading back to Charleston to force the British back to Georgia. Charleston dodged a capture like they did back in June 1776 when the British attempted to take the port and South Carolina. John Laurens, age 24, son of the famous Henry Laurens and an aide-de-camp to General George Washington himself suggested arming 3000 black slaves to protect South Carolina from another British threat! Those who served would be freed after the war and their masters would be compensated by South Carolina for their loss of capital. Christopher Gadsden however, fearful of slave insurrection, thought that plan was dangerous on multiple fronts.

The Continental Southern Command decided that the best way to defend Charleston, was to attack and recapture Savannah, Georgia. With the assistance of the French under Admiral d’Estaing who had defeated the British in the West Indies in August 1779. The French had 4000 in their regular army and 500 free Haitian blacks to join the 3000 American Continentals including Francis Marion and his 200 men.

 Replica of French frigate

The French arrived early and never mentioned that the Americans were in route and demanded Savannah’s surrender. The British dug in and then a siege was the only other option as a direct assault was no longer possible. This strategic blunder meant that the clock was ticking as the French navy would only stay for the balance of the hurricane season before returning to its primary mission in the West Indies. By mid-October 1779 the French – American forces made their assault and 1500 died, 70% of them French. OUt of the 600 South Carolina forces, 250 died. The French promptly left and Lincoln returned to Charleston leaving Francis Marion near Beaufort, SC to guard against any possibly movement from Savannah.

The American Continentals are now on the defensive and British general Clinton in New York harbor senses an opportunity to exploit this and by December 1779 sets a plan in motion to move ships and troops into the South towards wrapping up this rebellion in the American colonies.

Part 2 of this overview will be covered in a subsequent post. A handy resource for this piece in history can be found in John Oller’s book “The Swamp Fox: How Francis Marion Saved the American Revolution

SF1