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Commentary :: Politics
the constitution
29 Dec 2003
other ways the constitution is being violated
mailto:newsuneed (at)
mailto:wrh (at)

Gold: Article 1.1 states in part that [No State shall] “ make any Thing but gold and silver Coin a Tender in Payment of Debts”. According to the most current information America’s paper currency is made of neither gold nor silver.

The Air Force: Articles I.8 and II.2 and Ammendment V all refer to the Army, the Navy and the Militias. Article I.8 authorizes the Congress to raise and maintain an army and a navy. Article II.2 makes the president the commander in chief of the Army and Navy, and the militias when in actual service to the United States. The Fifth Ammendment specifically refers to “land and naval forces”. There is no authorization for the creation of an Air Force or “Space Force”, such as the Air Force is currently seeking to create. Even if there were, there is no provision for the president to be the commander in chief of any such forces.

The “War on Terrorism”: Article I.9 states that the write of habeas corpus can only be suspended in the case of rebellion or invasion, and yet the government has sought to deny many people that right without even pretending that a rebellion or invasion is occurring.

Article II.3 states that the president “shall take Care that the Laws be faithfully executed”. The examples of this administration violating the laws of the United States are too numerous to list.

Article III.2 states that “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;” and “when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.” And yet the administration is at this very moment conducting secret trials behind closed doors without the benefit of juries, and is seeking to hold trials in Guanatanamo Bay without Congressional authorization, and also without juries. Further, the Fifth Ammendment states that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury” and that no person shall “be deprived of life, liberty, or property without due process of law”. This does not say any _citizen_, as other sections do, it says any _person_. The Fourteenth Ammendment reinforces this distinction in section 1. It refers to the “privileges or immunities of citizens of the United States” and then changes and refers to “persons”. it says “ nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. Again the instances of the administration violating this section of the Constitution are too numerous to list.

Article I.8 makes no provision for an air force or space force
“To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union,
suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for
governing such Part of them as may be employed in the Service of the
United States, reserving to the States respectively, the Appointment
of the Officers, and the Authority of training the militia according
to the discipline prescribed by Congress;”

Article I.9- “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
when in Cases of Rebellion or Invasion the public Safety may require it.”

Article I.10- “[No state shall] make any Thing but gold and silver Coin a Tender
in Payment of Debts”

Article II.2- “The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States;” no air force

Article II.3- “[The president] he shall take Care that the Laws be faithfully executed”

Article III.2- “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;
and such Trial shall be held in the State where the said Crimes shall
have been committed; but when not committed within any State, the Trial
shall be at such Place or Places as the Congress may by Law have directed.”

Article III.3- “Section 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless on
the Testimony of two Witnesses to the same overt Act, or on Confession
in open Court.

The Congress shall have power to declare the punishment of Treason,
but no Attainder of Treason shall work Corruption of Blood,
or Forfeiture except during the Life of the Person attainted.”

Ammendment V.- whole thing

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