America was founded on certain basic legal foundations. Those legal foundations were espoused by America's founding fathers in the founding documents they created to enshrine those legal structures that they desired to establish in their collective vision for a new nation - America. The two principal documents used by the founding fathers to promote their vision of America were The Declaration of Independence and the Constitution. Through them, America's founding fathers desired to establish a new type of nation - one that had never existed before - a nation of joint tenants in sovereignty.
That was the founding fathers vision for America. This vision was spelled out by America's early Supreme Court in a case entitled, Chisholm v. Georgia, 2 U.S. 419 (1793). In that case, John Jay, who was the Chief Justice of the Supreme Court, drafted this legal opinion. In his opinion, he surveyed the founding fathers vision for America as it was drafted in the Constitution. Now, it has been contended that this opinion was superceded by the 11th Amendment, and it was in part, but the founding fathers original vision for America was not.
The 11th Amendment has been reinterpreted and misinterpreted to obscure that original vision. How? By ascribring sovereignty to the States and United States. But the 11th Amendment doesn't do that. Rather, the clear language of the 11th Amendment says,
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.
What does the 11th Amendment do? Relying on the plain language of the 11th Amendment, it states clearly that federal Judicial power does not extend to State, if a person from another State, whether domestic or foreign, has sued that State in federal court. Or, citizens from another state cannot sue a different state in federal court. Why is it important that we understand the plain language of the 11th Amendment? Because through the reinterpretation of the Constitution through the lens of the 11th Amendment, Americans have been stripped of their Constitutional sovereignty.
For nearly 200 years, Americans have been stripped of the sovereignty through the misinterpretation and reinterpretation of the American Constitution by obscuring that sovereignty through the lens of the 11th Amendment. Further, the original idea of sovereignty that was espoused by America's founding fathers in the Constitution has been replaced by a different vision - that sovereignty rests within our governmental structures - the States and United States.
That vision is contrary to the original vision of the founding fathers. Why is it so important for us to understand this fundamental shift of sovereignty from "We the People" to the States? Because if we fail to identify what was taken from us, we cannot recover it. To continue to walk in the original vision of liberty of its founding fathers, Americans must recover that vision. That includes their understanding regarding the sovereignty of America's citizens.
As a result, that vision of America is threatened by a callous and careless, reckless and feckless judges who has arisen to become the dominant threat to America. The judicial branch, which is insulated from the will of the people, has used its ill-advised opinions to crush the consent of the people through their illegitimate rule over the other two elected branches of our government. To restore our Republic, we must end the elitist reign of unelected judges.
Today, America is governed by a hodgepodge hegemony of incompetent judges who use their elitist positions and partial opinions to amass political power unto themselves and their allies. As Supreme Court Justice, Antonin Scalia said in Obergefell v. Hodges, 576 U.S. 644 (2015),
This [decision] is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government.
But Scalia didn't end there. To describe what his fellow justices had done in this judicial opinion, he described it this way:
The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Then Scalia went even further.
A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.
Remember this is a legal scholar who graduated from Harvard Law School. He was considered to be among the best and brightest judges of our time. He was an individual who studied American law his entire life. He was a Supreme Court Justice for 30 years. Scalia described the results of this radical decision:
It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court.
Seven months later, Scalia was found dead. Scalia was terrified of what the Supreme Court, his court, had become. In his mind, the judicial might has become second to none in our nation. Terrifying. Yes, tragic, especially when our nation was founded on the principles of liberty. By placing themselves at the pinnacle of the Republic, the judiciary has placed America on the precipice of its own demise. Scalia describes it this way:
what really astounds is the hubris reflected in today’s judicial Putsch.
To establish that vision for America, judges have modified the terminology contained in the great treatise for America's government - the Constitution. Besides modifying the Constitution's terminology, judges have altered the fundamental precepts in the Constitution by changing the rules on which law is premised. Literally, the judiciary has changed the rules of the game and the terms of the game for the purpose of establishing itself as the preeminent power in America.
Our Republic is being torn in two. The reasons for that divide is two opinions control the minds and hearts of Americans. One side despises America's past and delights in America's present progressive nature. The other side prizes America's past and wants to retain its high heritage. I am from the later group. But I also recognize the issues that have caused the former to want to break the bonds of our nation: systemic racism, cultural sexism, and class divisions. The question becomes: How does a divided nation move forward?
I believe the pathway forward is by restoring truth to our national consciousness. The advantage America's founding fathers had was their understanding of truth (most were learned men who studied history, law and government). That truth led to the freedoms we experience today. At the same point, as we have departed from the basic truths contained in America's founding documents, The Declaration of Independence and Constitution, we have entered into a place of bondage. That bondage is economic, physical, relational, and spiritual. Ultimately, it is our own ignorance of truth that created our present state of bondage. We must recover the self evident truths that America's founding fathers understood:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
America's present state of bondage is rooted in the American people's ignorance of those foundational pillars of America's Republic. Those foundational thoughts contained in America's founding documents created what has been described as a miracle by the famed lawyer, Daniel Webster. That miracle was premised in the founding principles contained in the Declaration of Independence and Constitution. Through those two documents, legal structures were established for the furtherance of America's founding vision - a government of the people by the people and for the people.
America was always meant to be ruled by its people through their own self governance. It was and is self governance that was the primary motivation for America's government. Today, we have descended into the abyss of anarchy. The backbone of our government has been broken. The Declaration of Independence was and is the backbone of America's Republic; it was meant to be the conscience of the American people. Without that Declaration, America is soulless. With it, America became a beautiful place for the common man.
To return to that place of beauty, we must rediscover what we lost (or was taken) in our history. I wrote Secret Corruption for the purpose of describing what I learned up to the point I wrote that book. It was a timely word for America in 2012. Today, it must be updated. In the next few months, I will publish what could be called a sequel book. In that book, I will detail the spiritual roots of America's bondage. I will also detail the 4 main periods where America was thrust into the bondage it is wrestling with today.
If you have not read my book on Secret Corruption, I would encourage you to get a copy. That will prepare you for what I will unveil in my next book. In this blog series, I will attempt to provide you insights into why corruption exists in our nation as it does today. And I will seek to inform you how change the decline of America, through corruption, to America's founding principles.
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