JUNE 18, 2003 WED
Updated 6:17am CST
PRISON PLANET.com Analysis
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
PRISON PLANET.com          Copyright © 2002-2003 Alex Jones          All rights reserved.
A Supreme Act Of Treason

Harry Goslin June 18 2003

The USA Patriot Act is a legislative paradox. Like every other piece of legislation emanating from Washington it is blatantly unconstitutional. Yet, it is also unique. Unlike other pieces of legislation which typically assault our liberties one at a time, the Patriot Act completely shreds the Bill of Rights.
Our Founders would have never even debated such a proposition; they probably would have reached for their guns.

The Patriot Act has survived so long because of the persistent myth surrounding the "supremacy" of federal law. Article VI of the Constitution includes the so-called "supremacy clause," which states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land." All judges, legislators, and executive officials, at the State and federal levels, are bound by "Oath or Affirmation, to support this Constitution." This apparent confirmation of the supreme power of federal law is actually tempered by the letter and intent of the Constitution. 

The "supremacy clause" is limited to those powers of government enumerated in Article I, section 8 of the Constitution. The president has no real powers; he only enforces the constitutionally enumerated powers of Congress. What little power the president has is limited and clearly defined in Article II . The Supreme Court has absolutely no power; its only job is to rule on the constitutionality of the actions of the other two branches of government. If either branch chooses to ignore the Court, then there*s nothing the Court can do to enforce its decisions. It*s that simple.

Speaking of the "supremacy clause" in Federalist #27, Alexander Hamilton said, "the laws of the Confederacy as to the enumerated and legitimate objects of its jurisdiction will become the Supreme Law of the land . . . Thus the legislatures, courts, and magistrates of the respective members (States) will be incorporated into the operations of the national government as far as its just and constitutional authority extends" (emphasis in the original). The "supremacy" of national laws, as Hamilton declared in Federalist #34, is "expressly" confined "to laws made pursuant to the Constitution" (emphasis in the original).

Federal "supremacy" is further limited by the Tenth Amendment. The original seven articles of the Constitution were ratified in 1789. The Bill of Rights was ratified in 1791. By declaring, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the Tenth Amendment amended the "supremacy clause," further solidifying the limitations of federal power. Thus, federal powers are clearly confined to those enumerated in Article I, section 8 of the Constitution. 

By logical interpretation, there is no federal power to provide Social Security, conduct random searches at airports, fund education, feed the children of the poor, provide medical care for the elderly, or declare certain substances to be illegal. Regardless of the wishes of a majority of Americans, no such powers are enumerated in the Constitution.

Also absent from the enumerated powers of the federal government is the power to abridge any of the liberties of the people enumerated in the Bill of Rights. The Patriot Act, which does exactly this, is therefore null, void, and unenforceable. It should be treated as an act of treason against the Constitution, and when necessary, forcefully resisted.

Opposition to the Patriot Act is growing. To date, more than a hundred communities have passed resolutions condemning the act. In some instances, local law enforcement officials have been directed not to cooperate with federal officials acting under the broad and unconstitutional directives of the Patriot Act. Most of these condemnations, however, are merely symbolic. Only one "community" has passed a resolution with any real teeth, one that would surely make the Founder Fathers beam with pride. 

The Alaska Legislature recently passed a resolution which "recognizes the Constitution of the United States of America as amended by the Bill of Rights to be the supreme law of the land" (emphasis added). The resolution clearly recognizes the limiting power of the Tenth Amendment. The resolution states, in part, "to the extent legally possible, agents of the state . . . shall not assist or voluntarily cooperate with investigations, interrogations, or arrest procedures," in violation of individual civil rights and liberties, the U. S. Constitution, or the Alaska Constitution. In effect, the Alaska Legislature has nullified the Patriot Act.

More States should follow the lead of the Alaska Legislature and defend the Constitution, as the Founders would have done, against the growing fascist tyranny in Washington. It*s the prudent, constitutional, and peaceful course of action. Otherwise, contemporary American patriots might be forced into the potentially ugly business of exercising their Second Amendment right to defend their life, liberty, and property against the encroachments of yet another George so far away.
Harry Goslin welcomes your comments at enemyofthestate@globalmtn.com.
E Mail This Page

Disclaimer: This column appears as would a syndicatecd column in a newspaper. It does not necessarily reflect the views of Alex Jones.