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NOTES ON THE U.S. CONSTITUTION AND THE BILL OF RIGHTS COMPILED BY JEFFREY BRACKEEN Music Faith of Our Fathers ********************************************************** The United States Constitution, like the Christian Bible, has been hated by tyrants around the globe. This would be inexplicable unless one comes to realize that much of the Constitution is based upon Biblical precepts. As we examine some of the clauses in this historic document, I am confident that my reader will be amazed at just how true this is. It also draws heavily on Common Law. On August 5th, 1975, I published a special edition (Issue 35) of THE STANDARD, a magazine I edited and published for five years in Missoula, Montana, devoted to the BILL OF RIGHTS. It was well received at the time and I believe that the time has now come to update the material in that commentary, in view of the many events that have affected our beloved Country. This will not be an attempt to comment of every phrase and line in the U.S. Constitution. Rather, it will serve as my attempt to call attention to certain important truths enshrined in that document, highlighted by News clippings, Court Rulings and other comments. Therefore, this will not be your run of the mill commentary on the Constitution. It is my hope and prayer that this study will help you to defeat the I.R.S. and defend yourself, your property, your family and your reputation from assault and the wicked abuses that are currently plaguing us. Lets start with English Common Law. HOW DID WE GET ENGLISH COMMON LAW? When we look back into the Middle Ages, we see estates, castles and various kinds of property being seized to sate the greed of bishops, bankers, military personnel, crusaders Page 1. and conquistadors. Estates were liable to be seized by money-lenders, who lent money out with high interest or by the King himself. Sometimes lords found it necessary to leave their castles, manors, and estates, and venture forth -- sometimes on a quest. They went on Crusades to the Holy Land in attempts to "liberate" the holy land from the "infidels" who lived there. Or, just like in the story books, they went on a Quest for the Holy Grail (the cup used by Jesus at the Last Supper). When they left, the King would often declare their lands vacant and would appropriate them for himself. He would also confiscate the towns, animals, serfs, and other treasure and wealth which was on the land. But as it happened the King often found that there were other competitors for those estates, such as religious orders, money-lenders, etc. The following quotes are from my book, FORBIDDEN TRUTHS REVEALED. "King Alfred in the 10th century assured that the effects and lands of those who loaned money upon usury should be forfeited to the crown and the lender not buried in consecrated ground. In the next century Edward the Confessor provided that usurers forfeit all property, be declared outlaws and banished from England. "Under Henry II in the 1100s the estates of usurers were seized and their children disinherited. King John confiscated and gathered the wealth of all known usurers in the 13th century and in the 14th century loaning money was made a capital offense punishable by death. James
I held that taking of usury was no better than taking a mans life."
This "Grand Charter" first stated that the common man possessed certain guaranteed rights. This was the foundation of the English COMMON LAW. One of these "rights" was the Right to a Trial by a Jury, made up of ones peers. You will find that our Bill of Rights has a lot to say about Trial by Jury and equal justice under the law. Another was the Right of Contract. This "Right" said that each person has the unalienable right to enter into a contract -- and not have that right tampered with by government. This revolutionary idea continued down through history until it served as the founding cornerstone for our nation, first in the Declaration of Independence, and then in the United States Constitution. The Constitution also has a lot to say about money and whether it should be paper or coin, even what kind of metals. "At the dawn of the modern era, two developments transpired that were to have an enormous impact on the economic development of the West. Prior to this time, Rome had obtained much of her gold from Spain. But with the collapse of the Roman empire, the only gold in circulation in Europe for centuries was Roman coins that had been melted down and recoined in each countrys private stock. But as time went by the supply seemed to diminish and eventually, we see Columbus making an agreement with King Ferdinand and Queen Is Page 2. abella of Spain to find a new route to the orient and hopefully new stocks of gold. "When Christopher Columbus discovered gold in the West Indies and South America in the beginning of the 16th Century, Spain was on her way to becoming a world empire. England and Holland sent ships to intercept Spanish shipments of bullion gold and were highly successful on a number of occasions. It was the gold stolen from the Peruvian kingdom that financed the expansion and economic empowerment of Spain, Portugal, Holland and England during the Colonial period. Indeed, much of the gold coinage used by the early English colonists was Spanish doubloons. "Secondly, Marco Polo returned from Cathay (China) with samples of paper money used by the Mongol empire in China. It seems that the Khans had learned how to replace precious metal with paper currency. And it worked well for a period of time but eventually, the people learned through inflation that their savings evaporated with fiat currency. However this did not deter the bankers of the West from seeking to gain control of national banks and issuing paper money in the name of the king. "The real showdown came in the sixteenth Century when the Jews and a few Gentile money-lenders conceived the idea of hiding all the gold. Parliament at the time was attempting to crack down on money-lending and so the money-lenders hid their gold, bringing on economic stagnation. Finally, Parliament relented and went so far as to legalize money-lending. At long last, the Jews and their Gentile cohorts had prevailed. Now, it would be possible to obtain the necessary capital to move on to greater exploits. 1663 - "As the year 1663 rolled around, England treasury was empty and in order to conclude her four year old war with King Louis XIV of France, she needed gold. Since most of the gold in circulation was now being hoarded by the Jews and their Gentile cohorts, King William III appealed to the gold-smiths and money lenders, for a loan of five million pounds, which they were happy to give him. But as 1694 came in, the war with France was still raging and the treasury was again bare. So King William again approached the money-lenders for a loan of six million pounds. This time they granted the loan with a string attached. 1694 - "During the autumn of 1694, the Jewish money lender (and a few gentile money-lenders - for now money-lending had become fashionable) met in Mercers Chapel, in London to draw up the blue-prints for a National Bank. When William III asked for the loan, they stated their condition. First, a Charter must be granted to the lenders for the establishment of a bank to be known as the Bank of England and Second, the bank must be granted the right to issue currency against the gold in its vaults. William III was all too willing to comply with these terms and thus began Englands national debt." (pp. 396, 397 FORBIDDEN TRUTHS REVEALED, by Jeffrey Brackeen) THE BIRTH OF THE BANK OF ENGLAND AND ENGLANDS NATIONAL DEBT Del Mar in A History of Monetary Crimes, writes: Page 3. "...From the remotest time to the seventeenth century of our era, the right to coin money and to regulate its value (by giving it denominations) and by limiting or increasing the quantity of it in circulation, was the exclusive prerogative of the state. In 1604, in the celebrated case of the Mixed Moneys, this prerogative was affirmed under such extraordinary circumstances and with such an overwhelming array of judicial and forensic authority as to occasion alarm to the moneyed classes of England, who at once sought the means to overthrow it. These they found in the demands of the East India Company [commonly referred as the Dutch East India company], the corruption of Charles II [Englands reigning king] and the influence of Barbara Villiers [Charles paramour]. "The result was the surreptitious mint legislation of 1666-7 and thus a prerogative, which, next to the right of peace or war, is the most powerful instrument by which a State can influence the happiness of its subjects, was surrendered or sold for a song to a class of usurers, in whose hands it has remained ever since. . ." The British Law of 1666, 18 Charles II, c. 5, transformed sovereign currency into a private debt-based medium which possesses an inherent depreciating value. 1743 - One of the greatest money-lenders of all time was born at Frankfort-on-the-Main in Germany. Amschel Moses Bauer, was the son of a rabbi. Because he was a wine dealer and a precious metal dealer, it was needful for him to travel extensively. As he approached old age, he grew tired of traveling and opened up a shop in Frankfort. Over the entrance to his shop, he placed a red shield (rothschild), thus acquiring the name Rothschild. His loans to various countries, not including personal loans, by the time he died, amounted to an incredible $462,000,000. Before his death (in 1812) he set each of his five sons up in the banking business throughout the various countries of Europe. Amselm Rothschild (1773-1833) was to remain in Frankfort. Solomon Rothscild (1774-1835) was sent to Vienna. Nathan Rothschild (1777-1836) was sent to London. Charles Rothschild (1777-1836) was sent to Naples and James Rothschild (1792-1868) was placed in Paris. ********************************************************** When I explore the history of Europe for the past 2,000 years, my heart is made heavy because of the wars of persecution waged against Christians by Emperors, Kings, Priests and Popes. We see the enormous disaster created in every country where the Inquisition was allowed to enter, with its thought police. As we read those pages of history, we see homes and villages raided, because someone possessed a Bible or a sacred book. Bible translation was a very risky business back then. The fourteenth century reformer John Wycliffe was denounced as a heretic for translating the Bible into English. His books were burned. In the early 16th century, William Tyndale was strangled as a Page 4. form of execution, in Belgium, and then burned, just in case he wasn't dead, for translating the Bible into English. A little later, Miles Coverdale, a disciple of his, made another translation; and by that time the Church itself had split up quite nicely, so Coverdale's version was accepted by the Protestant Church, but he was still a heretic in the eyes of Rome. No wonder those early pioneers who came to these shores were wary of government and hierarchical abuse and exploitation. With the Providence of God, they were able to enshrine their aspirations in written documents like the Article of Confederation, the Declaration of Independence and the United States Constitution. The U.S. Constitution is based on two items: The Holy Bible and English Common Law. In order to understand the actions of our Forefathers, we need to take a peek at a little more history. Three areas of concern will become quite obvious as we proceed. Injustice arising from unlawful proceeding, victimization via money and usury, and freedom of speech, which included freedom of Press. 1620 - When the first pilgrims arrived on these shores, they met together, before they disembarked from their ship, to draw up what was to become known as the "IN THE NAME OF GOD, AMEN, We whose names are underwritten, the loyal subjects of our dread sovereign Lord, King James, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, etc., "Having undertaken, for the glory of God and Advancement of the Christian faith and honor of our King and Country, a voyage to plant the first colony in the northern parts of Virginia, do by these present solemnly and mutually in the presence of God, and one another, Covenant and Combine ourselves together into a civil body politic, for our better ordering and preservation and furtherance of the ends aforesaid: and by virtue hereof to enact, constitute and frame such just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony: unto which we promise all due submission and obedience, IN WITNESS THEREOF, we have here under subscribed our names at Cape Cod the 11th of November [the old calendar], in the year of the reign of our sovereign Lord, King James of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Ano. Dom. 1620.
*************************************************************************** 1633 - Roger Williams breaks with the Puritan Establishment to start a new Colony called Rhode Island, where freedom of Religion could be practiced. He and his friends founded the First Baptist church in America but allowed others to practice that form of religion which best suited them. 1641, March 2nd - The New Haven Colony records show that they made the Judicial Laws of Moses to be the official law of the Colony. "And according to the fundamental agreement, made and published by full and gen(e)r(a)l consent, when the plantation began and government was settled, that the judicial law of God given by Moses and expounded in other parts of Scripture, so far as it is a hedge and a fence to the moral law, and neither ceremonial nor typical, nor had any reference to Canaan, hath an everlasting equity in it, and should be the rule of their proceedings." "April 3, 1644: It was ordered that the judicial laws of God, as they were delivered by Moses . . . be a rule to all the courts in this jurisdiction in their proceeding against offenders. . . ." - Copied from Pp. 1,2, The Institutes of Biblical Law, by Rousas J. Rushdoony, Presbyterian & Reformed Publishing. 1641, Dec. 10 - Massachusetts Bay Colony adopted the Biblical law code which had been authored by Nathaniel Ward (a Christian Pastor) and footnoted by John Cotton. It was called The Body of Liberties. This became the Massachusetts Code of 1648 and it served as a model for all the other Colonies Law codes. (See Collections of the Massachusetts Historical Society for the Year 1798, Vol. 5, Boston, Samuel Hall 1798, reprinted 1835) John Cotton published abstracts from the original document, in which he states: "This Abstract may serve for this use principally (which I conceive was the main scope of that good man, who was the author of it) to shew the complete sufficiency of the Word of God alone, to direct his people in judgement of all causes, both civil and criminal . . . But the truth is, both they, we, and other of the Gentile nations, are loth to be persuaded to . . . lay aside our old earthly Forms of Government, to submit to the Government of Christ. Nor shall we Gentiles be willing, I fear to take up his Yoke which is easy and his Burden light, until he has broken us under the hard and heavy yoke of men and thereby weaned us from all our old forms and customs . . . So that there will be a necessity, that the little stone, cut out of the mountain without hands, should crush and break these obstacles, ere the way can be prepared for erecting his Kingdom, wherein dwells Righteousness. - And verily great will be the benefit of this Kingdom of Christ, when it shall be submitted unto by the nations . . .(Ps. 95:10; Isa. 66:12). All burdens and tyrannical exactions will be removed; God will make their officers Peace and their exactors Righteousness. Isa. 60:17 ****************************************************************************** "But when a long train of abuse . . ." Because the early Americans used a variety of items for money, they began to prosper immensely. They used: Gold (Spanish) Doubloons and Silver Coins, Wampum, Copper Coins, Script, Colonial Bills of Credit, Continental Notes, Quartermasters Certificates, Registers Certificates, Private Bank Notes, Tory Notes, Private Bills of Exchange and in later years of the Republic Greenbacks. Because these items were considered to have equal value to the objects of purchase, the American people living in the various colonies along the east coast of America were becoming well-to-do by trading, using their own script. It was not created by the money-monopoly of London but by themselves. Consequently, the colonists were prospering more than England. 1764 - the Decree by King George III (as a result of pressure by Baron Rothschild) that the Colonists must cease printing their own money and pay all of their taxes in gold or silver. The King (his bank) would buy all of the colonialists money at 50% value (Sounds like Roosevelts gold confiscation executive order in the 1930s, doesnt it?) 1764 Colonies go into a massive depression that lasts until the late 1790s. Thomas Jefferson warned his fellow Americans, "I believe that banking institutions are more dangerous to our liberties than standing armies." In a letter to then Secretary of the Treasury, Albert Gallatin (1802), he warned, "If the American people ever allow private banks to control the issue of their currency, first by inflation and then by deflation, the banks and the corporations that will Page 8. grow up around them, will deprive the people of all property until their children will wake up homeless on the continent their fathers conquered." 1773, Dec. 16th Bostonians dressed like Indians dumped tea off an English vessel into the harbor, to prevent the British from collecting taxes on it. The colonists were upset because they were being taxed without representation. We have often been led to believe that the cause of the War for Independence was the tax on tea but this is far from the truth. Benjamin Franklin, one of the signers of the Declaration of Independence, wrote about the real cause of the war, saying: "The colonists would willingly have born the tax on tea and other imports, had it not been that the British, by order of the Rothschilds, took away their money, which then created the unemployment and finally led to the war." This unemployment was caused when the King of England, decreed the colonial script to be of no value after a certain date. He
then ordered the people to redeem their script by exchanging
two of their colonial notes for one note drawn on the Rothschilds
Bank of England, thus cutting the savings of the colonists in half and
thereby producing wide-spread unemployment throughout the colonies.
After declaring their independence from England, they drafted the Articles of Confederation, which was later strengthened and relabeled The Constitution of the United States. It is my belief that this document, even with its flaws, reflected the distilled wisdom of many ages. 1775 - Patrick Henry delivers his famous address on March 23. "For my own part, I consider it as nothing less than a question of freedom or slavery... It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country... "Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical Page 9. hands of the ministry and parliament. Our petitions have been slighted; our remonstrance's have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt... An appeal to arms and to the God of Hosts is all that is left us! "...Sir, we are not weak, if we make a proper use of the means which the God of nature hath placed in our power. Three millions of people, armed in the Holy cause of Liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. "Besides, sir, we shall not fight our battle alone. There is a just God who presides over the destinies of nations; and who will raise up friends to fight our battle, for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave... "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!" *************************************************************************** 1775 April 19, The battles of Lexington and Concord begin, as the British seek to seize the arms and munitions of the colonists. 1775 May, George Washington expresses his disinterest in severing relations with the King of England. If you ever hear of me joining in any such measure [as separation from Great Britain], you have my leave to set me down for everything wicked- He also said: It is not the wish or interest of the government [meaning Massachusetts], or of any other upon this continent, separately or collectively, to set up for independence" - Ingersoll, North American Review, CLV. No.2, August, 1892, p. 183, also quote in Sources of the Constitution of the United States, c. Ellis Stevens, 1927, page 36. Neither did John Jay favor independence from Britain. His absence from the signing of the Declaration of Independence was noted by Thomas Jefferson. 1775 1783 Revolutionary War 1775 - PROCLAMATION WHEREAS, in just Punishment of our manifold Transgressions, it hath pleased the Supreme Disposer of all Events to visit these United States with a calamitous War, through which his Divine Providence hath hitherto in a wonderful Manner conducted us, so that we might acknowledge that the Race is not to the Swift, nor the Battle to the Strong: AND WHEREAS, notwithstanding the Chastisements received and Benefits bestowed, too few have been sufficiently awakened to a Sense of their Guilt, or warmed with Gratitude, or taught to amend their Lives and turn from their Sins, that so he might turn his Wrath: Page 10. AND WHEREAS, from a Consciousness of what we have merited at his Hands, and an Apprehension that the Malevolence of our disappointed Enemies, like the Incredulity of Pharaoh, may be used as the Scourge of Omnipotence to vindicate his slighted Majesty, there is Reason to fear that he may permit much of our Land to become the Prey of the Spoiler, our Borders to be ravaged, and our Habitations destroyed: RESOLVED,
that he will be pleased to avert those impending Calamities which we have but too well deserved: That he will grant us his Grace to repent of our Sins, and amend our Lives according to his Holy Word: That he will continue that wonderful Protection which hath led us through the Paths of Danger and Distress: That he will be a Husband to the Widow, and a Father to the fatherless Children, who weep over the Barbarities of a Savage Enemy: That he will grant us Patience in Suffering, and Fortitude in Adversity: That he will inspire us with Humility, Moderation, and Gratitude in prosperous Circumstances: That he will give Wisdom to our Councils, Firmness to our Resolutions, and Victory to our Arms: That he will bless the Labors of the Husbandman, and pour forth Abundance, so that we may enjoy the Fruits of the Earth in due Season: That he will cause Union, Harmony, and mutual Confidence to prevail throughout these States: That he will bestow on our great Ally all those Blessings which may enable him to be gloriously instrumental in protecting the Rights of Mankind, and promoting the Happiness of his Subjects: That he will bountifully continue his paternal Care to the Commander in Chief, and the Officers and Soldiers of the United States: That he will grant the Blessings of Peace to all contending Nations, Freedom to those who are in Bondage, and Comfort to the Afflicted: That he will diffuse Useful Knowledge, extend the Influence of True Religion, and give us that Peace of Mind which the World cannot give: That he will be our Shield in the Day of Battle, our Comforter in the Hour of Death, and our kind Parent and merciful Judge through Time and through Eternity. Done in CONGRESS, this Twentieth Day of March, in the Year of Our Lord One Thousand Seven Hundred and Seventy-Nine, and in the Third Year of our Independence. JOHN
JAY, President. **************************************************************************
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