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by
Robert Harris Brevig
When we choose to study our American Constitution and ponder the many thoughtful provisions aimed at preserving the welfare of the citizens, we are filled with a warm and bolstering confidence. Why then does that warmth and confidence begin to fade and ebb away when we enter our American courts and we find that Constitutional or Common Law is scarcely relevant to us any longer? Rather, we discover that we are governed entirely by Civil or Equity Law instead. To answer this question we must examine what has transpired since the U.S. Constitution was adopted in 1789 and our present time. This was the same year Thomas Jefferson warned that, "the judiciary, if allowed too much power might ruin our republic, and destroy our rights."
It is doubtful, however, that many Americans these days have either the presence of mind or the courage to ask what the differences are between these two types of law and how these differences affect our lives. This is especially so when we find ourselves quavering before an ominous, dark-robed administrator of the law seated high above us, seemingly all knowing, and all powerful, within a stage-setting complete with necessary props and actors designed to dramatize just the right ambiance of intimidation to cower the average person.
If we should have the presence of mind and the courage to ask, however, what is it that we discover? It is possible we may find that our U.S. Constitution, though favorably worded and well-intended toward citizens rights, provided a small group of "statesmen" and "businessmen" the means to gain sufficient power to govern and control an entire nation, its resources and its people, to whatever end they might choose. How is this so? By virtue of the fact that the U.S. Constitution, worded as favorably as it was to the American people, provided the basis for the creation of the laws by which dubiously motivated legislators could govern for all time.
If there had been some assurance that those who would be subsequently attracted into this new government might all be as benignly disposed to peoples rights as were, the signers of the Declaration of Independence, it might have been a more prudent effort. As history has so glaringly and persistently shown, the Constitution gave powers to legislators to create various other forms of law by means of codes, statutes and ordinances which are not laws, but are enforceable under "color of law". (The appearance or semblance, without the substance of legal right. Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state, is action taken under "color of state law." - Blacks Law Dictionary)
This type of legislation provides a gradual means of obscuring the original intent of the U.S. Constitution without the knowledge or awareness of the American people. Over time this would serve to establish an "elitist" control by introducing Protectionism to large corporate holdings, the banking and insurance industries, the maritime shipping concerns and monopolized mercantile interests.
How was this accomplished? Simply by re-defining and "sweetening" the sound of the old "feudal justice" system, calling it a "criminal" justice system (which it most assuredly is) and then slowly but methodically introducing their existing feudal legislation under such headings as Equity (Commercial) or Civil Law.
This type of law is all you will hear in an American Court of Law at present. If you so much as mention the U.S. Constitution in the presence of an Equity or Civil Court Judge today, he will likely become infuriated with you, demanding that you not mention it in his court again. Sadly, the original Common Law has no place in our courts today.
Common Law and Constitutional Courts are, in a practical sense, almost non-existent these days and people have been educated to believe they are quaint but antiquated institutions of the past, no longer suited to the needs of the present. Yet it is only in these courts that the citizens God-given rights can be upheld. In our Equity Courts only State granted "privileges" can be protected.
Common Law and Constitutional Courts must be convened by special judges who are trained specifically in Constitutional Law rather than in Civil and Equity Law. Yet the judges who preside over these court proceedings now deal with any and all matters, from unpaid parking tickets and domestic complaints to larceny and murder. Constitutionally, and thus legally, the Equity Courts are only allowed jurisdiction over commercial matters of dispute. But, because of the average American's ignorance they intrusively exercise unconstitutional jurisdiction over nearly all human activity and they get away with it. Again, this is only because no one has the presence of mind or courage to challenge these technically illegal practices.
What this means is that under Equity Law we all are treated as though we are corporate entities enjoying "privileges" granted by the State, rather than private citizens with unalienable rights under God, and our Constitution. That is, we are regarded as chattel, or property, owned by the State, rather than natural persons, or free men, self-responsible and independent under our Creator. So it would seem that we Americans are condemned to be continually jostled about between these two opposing philosophies, the supremacy of the State over God and His people, or the supremacy of God and His people over the State. It cannot be both ways!
The Declaration of Independence acknowledged the supremacy of God and gave power to His people over the State as does the Constitution. The Constitution, however, also provided the means for unscrupulous men to take that power back from God's people over time and return the State to supremacy by means of deception.
We are informed that our nation was formed by a few men to insure that the virtues of "Liberty, Fraternity and Justice for all" would be enforced and in no way infringed upon. If we examine this guarantee more closely we find a contradiction arises in terms of intent or cause, and the result, or ultimate effect.
Our Constitution is generally understood to be the "law of the land" and law is accepted as the authority to use force to ensure people's rights. Yet one cannot use force to ensure fraternity without destroying liberty and justice. The reason is that it is impossible to separate the term fraternity from the term voluntary. Fraternity cannot possibly be legally enforced without liberty being legally destroyed, and hence, justice being legally destroyed along with it.
This is false protection, an oxymoron in terms of cause and effect, and invites a question as to the genuineness or the effectuality of such Constitutional assurances.
Let us now examine what our Constitution has actually allowed to be engendered, who in the final analysis it actually does protect, and who ultimately becomes disadvantaged by a State system of government given its authority by such a documentary decree. We have become indoctrinated in the belief that the purpose of law is to cause justice to prevail, when in fact, we should realize and recognize that the actual purpose of the law is to prevent injustice from prevailing.
We can see that the former thought tends to justify, in our minds, the use of law as a means of force to achieve some desired condition dictated by the State. As an extreme example, let us suppose a thief, a particularly cunning and seemingly respectable thief, has been stealing from another of his own ilk, from one who is considerably less cunning and more obvious than he. Let us suppose the clumsy thief steals something back from the clever thief. The cunning thief can now avail himself of the "criminal" justice system and its superfluous cargo of laws that protect the booty of all his prior thieving while the bungling thief must pay the price for his ineptitude. The cunning thief, of course, is free to continue stripping others of their property as the whim takes him.
In this analogy, we see evidence of a philosophy which is becoming generalized in the American psyche: "Do whatever you wish, but don't get caught!" This is essentially the problem that is taking root in widespread fashion throughout America.
Americans are gradually becoming devoid of any viable social, political and economic character. This is the root of our problem at home and it seems to be spreading like cancer throughout the world. We must consider at the same time, however, that individually we are either part of the problem, or part of the solution. Since there would seem to be no solution in sight we can only assume that the vast majority of Americans are the crux of the problem. We can qualify this to some extent by examining the varying degrees of the problem and offering some general, yet not totally arbitrary, statistics. Consider, for example, a mere one percent of our population in America is directly, knowingly and intentionally the cause of the problem. Another nine percent may be aware of the problem but are in denial, helpless or refuse to become involved in changing it.
Finally the remaining ninety percent are simply the uncaring, ignorant and complacent victims in this treacherous and tragic human juggernaut. They are incapable of understanding or accepting that, like cattle, they are being herded into economic, political and social enslavement, and LAW is the cattle-prod, in the hands of the State, steering them along the desired path.
This has become a systematized and institutionalized paradigm to such a fixated degree that the people themselves are fast losing the ability to recognize or even question the ethics or morality of how their own lives, their relationships or their businesses are conducted. They are being educated to believe that if they are in conformity with the law, they are then automatically morally and ethically correct as well. In fact, nothing could be further from the truth.
The Law, with its many far ranging and insidious codes, statutes and ordinances, has been created and implemented in the manner it has to facilitate legal exploitation of our nation's resources, its wealth and its people, by a few treacherously greedy elitists who utilize the constitutionally protected "criminal" justice system to assure the success of their own criminal activities. The unfortunate spin-offs of such a system, once established, are that for those people who truly are moral and ethical, no justice can really be had. And, on the other hand, those people who will be easily swayed by convenience or opportunity may be encouraged into unethical and immoral activity and behavior without realizing it. The average person will develop an "If you can't beat 'em, join 'em!" sort of mentality.
A State system of government, with its trusted judiciary, that empowers a few unscrupulous persons with authority that gradually and deceptively advantages the moneyed-interests over the toiling, productive classes must be re-examined. It may be true that their methods, their labels and their titles have been modified somewhat, but as a result, a feudal condition has descended upon our citizens as they toil blindly within the ever-tightening grip of the State. All the while the State increases its authority over them, and at the same time, gives license to those parasitic speculators and gamblers who produce nothing, yet are allowed to leverage their dubious transactions with the fruits from ignorant, yet trusting, citizens.
These trusting citizens place their hard-earned savings in so-called private banks, insurance plans, pension plans, money-market funds, Social Security, etc., under the authority of the Federal Reserve System, where it then becomes accessible to the gamblers who borrow it to fund their speculative ventures. Ironically, if they win they profit immensely, and if they lose, the borrowed funds are supposedly replaced by the Federal Depositors Insurance Corporation (FDIC), or the country is faced with massive bank closures as depositors suffered during the BCCI and Savings and Loan scandals a few years ago. More ironically, the FDIC gets it's money to supposedly cover such losses from the tax monies paid by the same common wage-earners who made the savings deposits, paid the insurance premiums, invested the funds, etc., etc., in the first place, making it available for these criminals indiscriminate profit-making schemes.
Surely, a person with even meager intelligence would feel compelled to find the answer to the following question: In this rather bizarre and circuitous transfer of the working persons finances, why are the ones who actually produce something exploited for it, and those who produce nothing rewarded for it? Who is really at risk, and who is secure? Who wins, and who loses?
At this juncture let me point out it is not the Constitution per se, its wording, or even its declared intent that needs questioning here. Instead, we should be questioning what is allowable under the auspices of its existence, its guidelines. Each of us must examine what is permissible within its provisions. If we truly believe the Constitution to be our rightful guide, we must follow it to the letter. If we simply see it as a banner to wave when adversity strikes, it will dissolve like the paper on which it is recorded.
We must recognize that our U.S. Constitution, finely worded and nobly intended as it originally was, by its very statutory existence made provision for the establishment of a national governing body, the State. This has become administered by legislators and opportunists, people who are neither inspired nor ethical and are entrusted to make laws, codes, statutes and ordinances that govern us all. It is certainly not the Constitution, in and of itself, which has encouraged the corruption of our country, yet by means of its uncontestable provisos, corrupt individuals and elitists have undermined and weakened its original noble purpose.
The American people should ask themselves these important questions: Who am I? What am I? Where do I really fit into this scam? It is soon discovered that the State has ruled that you are not who or what you believe yourself to be. When these questions develop in the minds of the average citizen, it will be interesting to note whether "We, the people..." will be able to re-establish our true identity; whether increasing our awareness of the truth will eventually free us from this overwhelming illusion in which we live.
To the Establishment "Power Elite", the controlling monied-interests, the answer is quite clear. "We, the people" are fools! Don't we prove it to them every day? They control and are protected by a fool-proof "system". Yet, as Gene Brown, in the Danbury, Connecticut, News & Times, has so succinctly put it: "Fool-proof 'systems' don't take into account the ingenuity of fools." This means the American people can still choose their own destiny, but if they do not, the "powers that be" will.
We shall see!
RHB - Sept.1999
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All Written Materials Copyright,
1997,1998,1999 Robert H. Brevig
All Rights Are Reserved, Without Prejudice.
U.C.C. 1-207.4 U.C.C. 1-103.6,.7