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Let’s Get This Straight… The Constitution Applies To Government… Not You

The Constitution a Contract

First, we must realize that the constitution is a contract which gives validity to our political and legal systems. It grants the government authority so long as it abides by a following set of rules. Both the authority and the rules are established in the constitution. Because of this, the constitution does not address what the people can and cannot do. It also does not confer rights to the people. Rights are absolute.

Evidence

This is pretty apparent once you start reading through the constitution. Let’s take the second amendment as an example, since many people interpret it as only applying to U.S. citizens. If the constitution granted a right or privilege to U.S. citizens allowing them to own guns, one would expect the wording to go something like this “citizens have the right to own guns.” But that’s not the wording at all. The second amendment says that “the right the right of the people to bear arms shall not be infringed.” First, it assumes that the right exist naturally. Second, it tells the government that it cannot act in opposition to gun rights. This is how the other amendments and how pretty much all of the constitution is laid out.

In theory, the authority of the government does not extend beyond those who implicitly or explicitly agreed to the contract and so only those who were born here or who immigrated here would be bound by the contract. This does not mean that the restrictions do not extend to these people however. This would require that the restriction list only U.S. citizens. The rules in the constitution do not have this limitation.

Impact on Due Process

Interestingly I have recently had the “joy” of discussing this with someone who takes the exact opposite view. This is incredibly dangerous. It’s used to justify a great deal of actions including the rejection of due process rights for non-citizens, which has been in the news lately due to investigations into the use of enhanced interrogation methods. So because of that, let’s take a look at the 8th amendment. Again, one would expect the text to be directed at the people or specifically at citizens if the latter view were correct, but it’s not. The amendment states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In this case, “people” or “person” is not even used. This statement is clearly directed at the government.

To be fair, the 8th amendment is in large part a reiteration of the 5th amendment and the 5th amendment does use the word “person” again. Specifically, “no person shall be held to answer for a capital, or otherwise infamous crime…”. I made “person” bold because again it is important to realize that this rule does not forbid the government from violating due process for citizens, but for all people. But still, the constitution does not say that a person has the right to due process. It prevents the government from violating that right.

The constitution applies to government only… not you!

It doesn’t matter that we are not the ones that instituted the various constitutions, because the constitutions are not created to obligate and compel we the People from generation to generation, but to obligate and compel GOVERNMENT from the moment of its founding until it is dissolved by the will and consent of the governed.

It is there to compel obedience to the People’s established standards for governmental function and behavior, regardless of the age, until we the People alter or abolish it, not the government.

Therefore, just as I have said over and over again, the solution is and has always been the same, the willingness of the people to do whatever is necessary under their moral and lawful power as was preserved in the Bill of Rights to re-subjugate a government that is operating outside of its founding principles and law and the limitations therein.

No constitution is self-enforcing, as is no other piece of paper with simple words written upon it. It only has force and power when it is held in high regard by those that believe in its words and purpose enough to fight for its existence and governments subjugation and obedience to it.

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