Constitutional Crisis: The Real Virus
My progression towards Anarchism began when I started studying the founding documents and the other writings by the authors of The United States Constitution. Little did I know that I was on a path that would turn my understanding of the political world upside down.
The Constitution is the document that outlines how the government is to establish and maintain its legitimacy and restrict it’s authority. The first ten amendments, known collectively as the Bill of Rights, are supposed to secure and protect our Liberty. Do I believe the Constitution has been proven ineffective? Yes. Do I believe if the Constitution was actually followed we would be in a better situation than we are today? Yes. Does this mean the constitution should be regarded as some God given authority? Absolutely not! It is probably best recognized as a rule book ratified by the States to create the Federal government.
At the time of this writing, we are in a crisis, and that crisis is not Covid-19. We are in a Constitutional crisis. We are in a Loss of Liberty crisis.The Bill of Rights is being stripped right before our eyes, and it is happening with thunderous applause from Americans. I expect pushback from other Anarchists and Statists alike for this article and that's fine. Both will say, why do you care what the Constitution says--you are an Anarchist.
There is a very simple explanation for that and it goes something like this: I believe Anarchists have a real responsibility to have a working knowledge of the United States Constitution, because with it we can point to the numerous violations of the Constitution committed by the government in conversation with both Statist and non-Statist.
We will never convince a Statist that Anarchism is preferable to a centralized government without being able to point out the violations of our Liberty the federal and/or state governments have and continue to commit. To do this we as Anarchists need a working knowledge of the Constitution--without that, Statists will continue to disregard our attempts at pointing out how a Voluntary society is preferable to a society that relies on a centralized government.
Before we continue
I need to preface the rest of this article with this: my understanding of the Constitution is from an originalist point of view. I have no interest in Supreme Court rulings that are meant to determine the constitutionality of laws passed by Congress. Thomas Jefferson was adamant about who the final arbiters of the Constitution were and it is We the People. Not someone adorned in a black robe.
He made this clear in many letters written about his concern for Judicial tyranny.
“If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,”..., then indeed is our Constitution a complete felo de so. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they may please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law…”
Letter to Judge Spencer Roane, Nov. 1819
“The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine our Constitution from a co-ordinate of a general supreme one alone. This will lay all things at their feet… I will say, that” against this every man should raise his voice,” and, more, should uplift his arm…”
The oath
Politicians of all parties, police officers, and soldiers in the military all swear the same oath to protect and uphold the Constitution.This oath makes it necessary to understand the original intention behind the Constitution, the same intention that is being violated daily by those who swear an oath to it.
I completely agree with Lysander Spooner’s assessment of the Constitution, when he says:
"...whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
And to quote my favorite founder, Patrick Henry, who himself refused to sign the Constitution:
“It is said eight states have adopted this plan. I declare that if twelve states and a half had adopted it, I would, with manly firmness, and in spite of an erring world, reject it….Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earthly blessing- give us that precious jewel, and you may take everything else!”
That being said I still believe we should have a working knowledge of the Constitution. We have to, as Anarchists, be capable of pointing out to someone when they are defending government actions that violate the Constitution. People are waking up to our awful situation, but they need some direction. The Constitution isn't difficult to understand, especially if you approach it by reading what was put down in various State responses.
James Madison served as one of the chief architects of the Constitution and championed the Bill of Rights. He took extensive notes of the proceedings of the Federal Convention and insisted that the document be interpreted according to the understanding of its ratifiers. He believed the records of the state ratification conventions provided the best evidence of the Constitution's original meaning, saying:
“Whatever veneration might be entertained for the body of men who formed our Constitution, the sense of that body could never be regarded as the oracular guide in expounding the Constitution. As the instrument came from them it was nothing more than the draft of a plan, nothing but a dead letter, until life and validity were breathed into it by the voice of the people, speaking through the several State Conventions. If we were to look, therefore, for the meaning of the instrument beyond the face of the instrument, we must look for it, not in the General Convention, which proposed, but in the State Conventions, which accepted and ratified the Constitution.”
How’s the Constitution today? Let's examine the 1st amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”
We are witnessing this amendment being violated by governors and law enforcement officers alike, both of which, we should remember, have taken oaths to uphold this “sacred” document . For instance, look at the pastor in Tampa who was arrested for holding a church service or the multiple reports of folks being given citations for hanging out with family and friends. One such example is a father being detained for playing catch with his 6 year old daughter in a Colorado park.
Let's examine the 4th amendment
“The right of the people to be secure in their persons, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In Rhode Island, the governor announced that the national guard will be conducting house to house searches to hunt down New Yorkers seeking refuge in their state. In addition, Rhode Island police officers will be pulling over every vehicle they see with a New York license plate. This order was rescinded due to a lawsuit threatened by NY governor Cuomo, which in itself is laughable considering his continued violations of the 4th amendment.
Let's examine the 5th amendment
“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 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.”
“Due Process” is defined by the legal requirement that the state must respect all legal rights that are owed to a person. Upon examination of this article, we should be able to admit that every stay-at-home order and business obliged to close due to state-force clear violation of the 5th amendment.
We have a real opportunity as Anarchists here
Our rights are not suspended due to a pandemic and with a working knowledge of the Constitution, we as Anarchists/Voluntarists can begin to point out the multitude of violations the state has made against its own rules.
Before we can begin to point out what a free society could look like, we must meet people where they are. Your average American will not take the time to research the original intent of the Constitution, but will choose to listen to what their favorite politician or mainstream media outlet says regarding the content of the Constitution, making it even more important to have this type of knowledge.
I applaud anyone who can help point folks to Liberty without pointing out the many contradictions and violations of the state. Studying the constitution has allowed me to better explain the infringements being made on our individual and collective rights, both as Americans and, for many of you reading this, Christians.
Love Y’all!