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The Constitution…Be Careful What You Wish For

Posted on April 16, 2014

I’ve discussed before the trouble with relying on the Constitution when making arguments for this or that policy, particularly among libertarians. There is a great irony in seeing those that deride “statism” stand side-by-side with a document that created one of the largest, most overreaching states in the history of the world.

Before the Constitution, the “united” states were loosely affiliated under the Articles of Confederation, but there was no overriding federal authority until the Constitutional Convention formed the federal government in 1787. I see no need to delve into history further; if you so choose there are many avenues by which one can educate themselves on U.S. history.

During the recent standoff at the Bundy Ranch which I discussed earlier this week, many of his supporters were giving reverence to the Constitution in their defense of Bundy. Cliven Bundy himself has referenced the Constitution in his defense, stating to Fox News:

This is a lot bigger deal than just my cows…It’s a statement for freedom and liberty and the Constitution.

So what’s the problem? I’m all for freedom and liberty; heck, I’m all for encouraging the Federal Government to, at the very least, limit itself to the powers clearly defined in the Constitution. Powers which are far too broad, but I digress….

The problem is that the Constitution has ushered in many of the very issues which Cliven Bundy and his supporters are battling with right now. The Constitution not only created the federal government; it also allowed that very same federal government to own and acquire land for public use. Article I, Section 8 of the Constitution allows the federal government to own land for a variety of uses (though of course, “protecting tortoises” was not one of them.) Additionally, the Fifth Amendment of the Constitution essentially codifies the federal government’s right to use eminent domain to seize formerly private property for its own use. Most of the fifth amendment sounds just peachy until you get to the end (emphasis mine):

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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11 thoughts on “The Constitution…Be Careful What You Wish For

  1. Thanks to Amendment 5 of the federal Constitution and its establishment of eminent domain (including via the BLM), leading to the appropriation (theft) of private land turned into public land, and the Constitutional Republic’s insidious property taxes, every square inch of land in America is owned by the government of the Constitutional Republic (something impossible under Biblical law, see Exodus 19:5, Psalm 24:1, Leviticus 25:23) and therefore the Bundys and the protesters ultimately don’t have standing in this situation. Appealing to the Constitution or the Bill of Rights in this and similar situations is the epitome or irony!

    For more, see online Chapter 14 “Amendment 5: Constitutional vs. Biblical Judicial Protection” of “Bible Law vs. the United States Constitution: The Christian Perspective” at http://www.bibleversusconstitution.org/BlvcOnline….

    It’s over UNTIL Americans wake up and realize what’s been done to them. And, in order to do that, they need to isolate, expose, and address the vehicle by which it’s been accomplished. Find our how much you REALLY know about the Constitution as compared to the Yahweh’s perfect law of liberty, take our Constitution Survey in the right-hand sidebar at the site above, and receive a FREE book that EXAMINES the Constitution by the Bible.

    See also Dr. North's book "Conspiracy in Philadelphia: The Broken Covenant of the U.S. Constitution."

  2. Public land belongs to the PEOPLE, the public. It appears to me that Mr. Bundy is a member of said public. His grazing of cattle there costs the rest of the public NOTHING, and the cow excrement helps feed an "endangered" tortoise. Any fees paid are poured into that cauldron of waste and fraud in Washington, D.C.


  3. libertylouis says:

    Jim Red YOU are CORRECT! I see Gary North and Ted Weiland above are NOT understanding the Constitution as is. Maybe they need to take a lesson in it. Sounds like Gary North thinks like the Left and Obama wanting to CHANGE and MISINTERPT the Constitution and Re-WRITE it. Be Careful North, you are leaning to the FAR LEFT on this one!

  4. libertylouis,
    Thank you for reading and throughtfully commenting. To clarify, the article above was not written by Gary North. It was written by Marc Clair, a contributor to the linked website lionsofliberty.com. You most likely would have realized this if you followed the link to read the entire article.
    The author is pointing out that the Constitution allowed the formation of the tyrannical federal government we have today. This is not a liberal or "far left" viewpoint. In fact, it is the exact opposite. Pounding the table and screaming, "follow the constitution" will only get you so far, until the central authority finds another clause in the document to justify infringing upon your liberty. The ideas of liberty are significantly more important than the Constitution, if the end goal is maximizing our freedom and stopping the advancement of the immoral State.

  5. Well said, John Odermatt. The article written by Marc Clair very simply and superbly makes the case that the Constitution is not and never was the friend you thought it was.
    The Federal government is not needed or wanted. It is a bane of our existence.
    And without the Consitutionalal Convention and the resulting Constitution, the federal government never would have come into existence (or at least until the next time a group of federalists tried again).
    Like you say, the principles and ideas of liberty are much more important than the docuement that birthed the US federal government.

  6. Stuart Shepherd says:

    We've been post-constitutional for SO LONG that it's hard to even remember its' principles. At least back in the day when they wanted o totally destroy what it stood for they passed ammendments essentially nullifying parts of it (the 16th and 17th ammendments come to mind and could serve as one conceptual line when we went "post-constitutional." Just forget it. Libertarians are generally pro- gay marriage, pro-drugs, pro-pot smoking, pro- "anything goes" more so than concerned with the constitutionand our civil liberties and restoring a republic, not a democracy, and the proper role of government. They should be called "Libertinarians." They are a little confused from smoking all the pot. The constitution was intended for a GOOD people, said Adams, and he was right. Self-indulgence in anything that "feels good" or feels "right" or you were somehow born a transgender homo bi reverse genitals or whatever freak is NOT a "good people." This country is totally TOAST!

  7. Neither the federal government, state governments, nor the people own the land. Yahweh, as Creator does.

    "…all the earth is mine." (Exodus 19:5)

    "The earth is YHWH's, and the fullness thereof; the world, and they that dwell therein." (Psalm 24:1)

    "The land shall not be sold [nor confiscated] for ever: for the land is mine…." (Leviticus 25:23)

  8. "…The creation of public lands is another method employed by the Constitutional Republic to move boundary markers. Identifying these lands as “public” is part of the ruse to conceal the theft. Except that the public is permitted limited access, they are not public at all. These lands, which are often stolen by legislation (such as the Wilderness Act of 1964, the Clean Air Act of 1970, the Endangered Species Act of 1973, and the Clean Water Act of 1977) from private property owners, are owned by the government, not the public. Even public use is changing due to the government’s increasing restriction of access. The fact that the government can and does restrict access further proves its ownership. Moreover, the public is perpetually paying taxes toward upkeep and paying fees to gain admittance to National Parks and other lands that are supposedly already theirs…."

    Excerpted from online Chapter 14 “Amendment 5: Constitutional vs. Biblical Judicial Protection” of “Bible Law vs. the United States Constitution: The Christian Perspective” at http://www.bibleversusconstitution.org/BlvcOnline….

  9. President John Adams wrote that: “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

    This is an accurate quotation. However, it's often employed by Christians as if Adams was referring to Christianity and Yahweh's morality as codified in His commandments, statutes, and judgments. This is untrue.

    Adams emphasized that the same “moral liberty resides in Hindoos and Mohametans, as well as in Christians” (John Adams, Letter no. 13 to John Taylor (1814), in “Works of John Adams,” 6:474.)

    He once asked, “Where is to be found theology more orthodox or phylosophy [sic] more profound than in the introduction to the [Hindu] Shast[r]a?” (John Adams, December 25, 1813, letter to Jefferson, in “Adams-Jefferson Letters,” 2:412.)

    According to Adams, “religion and virtue are the only foundations, not only of republicanism and all free government, but of social felicity under all governments and in all the combinations of human society.” (August 28, 1811, letter to Benjamin Rush, in “Works of John Adams,” 9:636.)

    Any nation's constitution and government benefits from moral Christian citizens, even those nations whose constitution are not based upon Yahweh's morality as found in His perfect law and altogether righteous judgments (Psalm 19:7-9) – such as the United States of America. However, when such constitutions are not based upon Yahweh's law, it is inevitable that such nations will become more and more immoral and corrupt, being they do not have a Biblical standard to fall back upon. Case in point, the United States of America today.

  10. Eminent Domain: Build Highways and Railways … great! Protect the Tortoise … Oops!

  11. The problem is not with the Constitution but with the people's failure to stand up for their plainly stated protections. Beginning with the Marbury decision that erroneously established the superiority of federal over state courts to the gradual usurpation of powers specifically reserved to the states and the people (everything except national defense, diplomacy, and regulation of taxes between states, which was the original intent of the Commerce Clause). The 2nd Amendment guarantees that the people hold ultimate power.