There Are No Such Things as Constitutional Rights
by Gary D. Barnett, GaryDBarnett.com
April 19, 2020
“A man’s natural rights are his own, against the whole world; and any infringement of them is equally a crime, whether committed by one man, or by millions; whether committed by one man, calling himself a robber, (or by any other name indicating his true character,) or by millions, calling themselves a government.” ~ Lysander Spooner (1867). “No Treason: No. 1-”, p.7
In the midst of this fraudulent pandemic, there has been a renewed call to look to the Constitution for answers. This is a smoke and mirrors solution that does not address the real problem. Constitutional rights do not exist, and if they did, those so-called rights would be worthless. Rights cannot be written into law or claimed due to a political document because they would have no merit.
The rights of man are natural, and all rights stem from the single factor of life itself, for if man has a right to life, all other natural rights are inherent as well. A right to life means that one has a right to defend his life. It means that one has a right to support and sustain his life. This means he has a right to property, the highest form of property being self. It means he has a right to move about freely, to work, to protect others, to speak and congregate in order to protect and defend life. All individual and natural rights are inherent due to humanity, not to any other men or documents drafted by men.
This seems simple enough, but Americans seem to clamor for direction and approval by those that wish to rule over them. Instead of accepting that a right to life is natural, and cannot be bestowed by men, people seek approval by some authoritarian class for clarity concerning the legitimacy of something so obvious. This in and of itself destroys the very core of common rights, because having to put into contract or law the guidelines for what is natural is the acceptance that rights do not exist unless sanctioned by a higher body. This is asinine, and the notion of a constitution to spell out what is inherent weakens any position of strength of the individual.
Some have forgotten, and most have no understanding of the history of the Constitutional Convention. This was a coup completed by Hamilton and his followers to create a strong central governing system, where most all power was given to a federal or national government instead of to the individual and the states. Those attending the convention had claimed their task as only to alter and improve the Articles of Confederation, not to scrap the current Constitution of the United States. But there was never any intention of improving upon the current “law of the land,” but only to set up a new federal state with unlimited power. Keep in mind that the Articles of Confederation did not allow for a president, did not allow the federal government any power whatsoever to tax, so it was extremely restrictive of any executive or federal power whatsoever.
So if freedom were desired, why then would a new constitution that gave immense powers to the federal government over states and individuals be so revered by those calling themselves Constitutionalists? Why do any that have read Article 1, Section 8 of the Constitution, the power’s clauses, claim that this document was ever meant to protect the rights of man? How is an unlimited power to tax, to control all commerce, foreign and domestic, to coin and control all money, to provide for the general welfare, to borrow money on the credit of the United States, to declare and prosecute war, to raise and support militaries, and to make all laws necessary to enforce all these powers and more?
The Constitution is a contradiction at every level, as granting these unlimited powers to the federal nationstate, and then at the same time claiming to protect the freedom of the the individual, is not possible. Every single power “granted” in this horrendous document negates any protection of liberty.
So why is this document that was long plotted through conspiracy, that was secretly written and accepted behind locked and closed doors in the dark of night, that erased all protections of liberty then in place in the Articles of Confederation, and that was signed by politicians, many of whom gained much more power in government after its implementation, so revered? Selling the Constitution in the late 18th century was in effect not much different than selling total tyranny over a fake pandemic today.
If the Constitution was meant to protect individual rights and the freedom of Americans, why are the masses of this population being forced into poverty, loneliness, isolation, quarantine and self-imprisonment? Why are medical martial law and martial law being carried out? Why have the businesses of Americans been forcibly closed down? Why have Americans been forced to avoid contact with all others? Why is mass surveillance of everyone the new normal, and constant threats by government of forced vaccination and mandated behavior in place? Why does anyone think this is a free country due the the totalitarian powers authorized in the United States Constitution?
Lysander Spooner explained this perfectly when he said:
“But 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 exsist.” ~ Lysander Spooner (1971). “The collected works of Lysander Spooner”
The Constitution is used, administered, and defined by government, it is interpreted by the Supreme Court, which is made up of nine judges appointed for life also by government. In other words, it is simply a political tool of government used and interpreted to give power to the state, not to its people. It was only intended to fool the people into believing that they had freedom and power only due to a piece of paper drafted by politicians. It is worthless and has absolutely nothing whatsoever to do with the natural rights of man, but in fact is detrimental to liberty because of the assumption that only government can define individual rights through parchment secretly drafted in the dark of night 233 years ago.
We are born with rights and we die with rights, whether any piece of paper exists or not. If rights are claimed to exist because of a constitution , no rights exist at all. The tyranny we face today is because of the Constitution, not in spite of it.
As to the Constitution:
“It was a bloodless coup d’état against an unresisting Confederation Congress….The drive was managed by a corps of brilliant members and representatives of the financial and landed oligarchy. These wealthy merchants and large landowners were joined by the urban artisans of the large cities in their drive to create a strong overriding central government – a supreme government with its own absolute power to tax, regulate commerce, and raise armies.” ~ Murray N. Rothbard–Conceived in Liberty, Vol. 5, [306]
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