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THE FEDERAL GOVERNMENT HAS GONE ROGUE

MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT

PART SIX

SUBPART A

“All tyrannies rule through fraud and force, but once the fraud is exposed they must rely exclusively on force.” ~ attributed to George OrwellThe central theme of our multi-series set of articles on “treason,” and the principal focus of our series, is that treason, as defined in the U.S. Constitution, has been operating at the highest levels of the Federal Government since the inception of the Harris-Biden Administration, on January 20, 2021.Our discussion here is dedicated to laying out a case for the inference of treason in the legal sense of the word, and not in a mere colloquial, hyperbolic, or pejorative sense. This treason exists in and has infected the whole of the present Administration, and this infection extends to Congress.The Government under the Harris-Biden Administration is rogue and renegade.Our central thesis is that the extent of and expansiveness of infection is so pervasive, so dominant, so permeates the Administration that an inference of treason by Government against the Nation, Constitution, and People must be drawn.Corruption of Government extends to the Pelosi-Schumer-controlled Legislative Branch of Government, working in lockstep with the Executive Branch.Beyond the present policy decisions indicative of treasonous intent on the part of Joe Biden and other known and unknown individuals who control and manipulate him, the Administration intends to corrupt or control or neutralize the Third Branch of Government, the Judiciary.The Three Branches of Government have, since the creation of the Federal Government, through ratification of the Constitution, operated as discrete independent bodies—Legislative, Executive, Judicial.Each Branch is expected to perform its tasks within the confines of the limited powers and authority ascribed to it by the dictates of the U.S. Constitution, always operating in and remaining within its own orbit, its own sphere of influence and activity, as each was meant to.This Governmental construct was meant not to be a stopgap measure for the Federal Government, but a permanent fixture in it.The doctrines of “Separation of Powers” and “Co-Equal Branches,” that underlie the Federal Government construct for this Nation, were designed to discourage and forestall, if not prevent, the inception of tyranny in the Federal Government.Having successfully defeated the tyranny of one regime through armed revolt, the framers had no wish to plant the seeds of tyranny for another through the Government they would create that would, ironically, come from their own hand. So, they gave scrupulous attention to the creation of a Government that would have the best chance of avoiding the tyranny that besets a monarchy—even a Constitutional Monarchy—that England ostensibly had. They sought to create a Government for a new Nation that would best secure for themselves, and for their fellow Americans, and for generations that followed, one conceived in liberty.The Founders determined that a Republican form of Government would best serve the interests of the American people and would be least likely to turn against the people. They constructed a Federal Government that rejected a monopoly of powers in Government.The first three Articles of the Constitution attest to the Framers’ intention to preclude the consolidation of legislative, executive, and judicial power in one body. And they hoped that clear division of authority and power would also prevent the accumulation of power in two or all three Branches of the Government.That structure is now crumbling. Two Branches of Government—one controlled by the Harris-Biden Administration and the other controlled by the Pelosi-Schumer Congress—are overlapping, embracing each other; converging and merging into each other; operating in unison as a single entity.The intention of both the present Administration and the present Neo-Marxist-led and controlled Congress is to bring the Third Branch of Government, the Judiciary, the U.S. Supreme Court, into their fold.And their actions to date demonstrate this maneuvering to consolidate power into one super organ of Government.If this process continues, there is nothing to stop the Government from collapsing in upon itself, centralizing power of the Legislative, Executive, and Judicial Branches in one Branch even if the trappings of separate, co-equal Branches should continue. It would all be an illusion.The aim of the present Administration and the Democrat Party-controlled Congress in orchestrating consolidation of power is, as is self-evident, to streamline and to steamroller execution of Neo-Marxist and Neoliberal Globalist policies. Thus, the Government avoids debate among the few dissenting voices in Government that would be able to stop the operations of a rogue Government and avoid accountability to the polity that would justifiably object to and reject those policies.Further consolidation of all the power functions of Government, if left unchecked, would degenerate into Authoritarianism and eventually to outright Totalitarianism. The Federal Government would have long ceased to operate and function in accordance with Republicanism.At that point even the vestige of a Federal Government ruled by law and not by men would be dropped, as there would no longer be any need for it.The citizenry would live under perpetual surveillance: thoughts and behavior strictly controlled; dissent denied; the armed citizenry, disarmed.The Executive and Legislative Branches of Government are being drained of vitality as they lose their respective independence of function.The Federal Government is coalescing into autocratic rule.But whatever the form of autocracy—Authoritarianism, Totalitarianism, Fascism—it all denotes TYRANNY. This Country is treading close to that. And we may already be there.The legacy Press fails to acknowledge this even as the public recognizes it; is forced to come to grips with it; accept the disturbing, frightening reality of it.Tyranny is rapidly coming to fruition because—The Harris-Biden Administration and the Pelosi-Schumer-Controlled Congress do not perceive the Constitution as an essential framework within which they are to exercise their respective powers in a lawful manner. Rather, this Government perceives the Constitution merely as an obstacle, an obstacle to be overridden by Congressional statute and/or by Executive fiat, or simply ignored.

THE ADMINISTRATION AND CONGRESS ARE OPERATING OUTSIDE THE BOUNDS OF THE U.S. CONSTITUTION

The Executive Branch, the Office of the President of the United States, is operating in contradistinction to its Constitutional directive in defiance to the “TAKE CARE” CLAUSE of the Constitution.Article 2, Section 2 of the Constitution says, in pertinent part, that the U.S. President “shall take Care that the Laws be faithfully executed.”This isn’t a suggestion or wish. This is an obligation and one that the present Administration has not only flaunted but has dismissed out-of-hand.And the Legislative Branch, Congress, is failing to heed its salient obligation to Nation, Constitution, and People, in contradistinction to the “NECESSARY AND PROPER” CLAUSE of the Constitution.As set forth in Article 1, Section 8, Clause 18 of the Constitution, it is the function of Congress,“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Neo-Marxist Pelosi-Schumer-controlled Congress extracts from the “NECESSARY AND PROPER” CLAUSE what it wants.But, this clause DOES NOT grant to Congress unlimited power to alter the Constitution as it wishes, outside the strict bounds set by the Constitution.“The Necessary and Proper Clause does not vest Congress with any power to alter constitutional structure by statute. Congress may only use that Clause to assist itself and the other branches by providing the means for carrying into execution a power already possessed by a branch of the federal government.” “The President’s Power to Execute the Laws, 104 Yale, L.J., 541, by Steven G. Calabresi, Associate Professor, Northwestern University School of Law; J.D. Yale University; and Saikrishna B. Prakash, J.D., Yale University.The only way Congress can change the Constitution, lawfully, is through the Amendment process. That process is set forth in Article 5 of the Constitution. It is a difficult, complex, time-consuming task; deliberately so.This is as the Founders made it, lest unscrupulous, ruthless individuals in Government attempt to utilize the Constitution to corrupt it, transforming the Government operating under Republicanism into Authoritarianism or Totalitarianism.But, even if the Pelosi-Schumer Congress or some other unscrupulous Congress could convince enough States to cede power to it, through the Article 5 Amendment process, this would amount to the shredding of the doctrine of Federalism.The amendment process would drastically alter the framework of Government grounded on REPUBLICANISM. But that is the goal: to dismantle a free Constitutional Republic, unimpeded. It would be an impossible task, as well it should.A massive reconfiguration of the Federal Government even if attempted lawfully, through the application of the Article 5 amendment process, would require:

  • REPEAL OF THE BILL OF RIGHTS OF THE CONSTITUTION
  • REVISION OF ARTICLE 4 OF THE CONSTITUTION

Let us look at this more closely.

REPEAL OF THE BILL OF RIGHTS

Congress cannot modify or abrogate the Bill of Rights through Article 5 of the Constitution, even theoretically. The reason is this: The Bill of Rights is a codification of Natural Law Rights. These Rights precede the creation of Government.Natural law Rights exist intrinsically in man, bestowed by the grace of the Divine Creator. They aren’t bestowed on man by the grace of Government.The Article 5 amendment process would also require repealing Article 4 of the Constitution.

REVISION OF ARTICLE 4 OF THE CONSTITUTION

Article 4, Section 4 of the U.S. Constitution sets forth in critical part that, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”

THE “GUARANTEE” CLAUSE

The first clause, the “GUARANTEE” CLAUSE, isn’t a suggestion or wish, or whim. It is a mandate, guaranteeing REPUBLICANISM.Even if it were theoretically possible to erase Republicanism through the Article 5 amendment process, most States would never agree to this.But, AUTHORITARIANISM in the Federal Government cannot logically coexist with REPUBLICANISM in the States. These two forms of Government are logically, not simply empirically, incompatible.The Government would either have to reject AUTHORITARIANISM or convince the States to agree to AUTHORITARIANISM as the new mode of Government in the Nation.

THE “PROTECTION AGAINST INVASION” CLAUSE

The Federal Government isn’t protecting the States from invasion. That is a fact. The Harris-Biden Administration is actively inviting the invasion of the Nation through its “OPEN BORDERS” policy.The States, as sovereign entities themselves, have every right, and duty, to take those steps necessary to protect themselves from invading hordes if the Federal Government cannot or, as is evident, will not protect the States from invasion.Texas and Florida are therefore compelled to act to protect themselves from invasion and have done so since the Harris-Biden Administration has refused to do so.The Administration even tries to prevent the States from protecting their own borders.These facts suggest the Administration isn’t merely enabling invasion of the Country, it is involved in orchestrating it. This is unconscionable.The States—all fifty of them—have every right to protect their borders from invasion. They are sovereign entities. The sovereignty of the States is manifested through the Tenth Amendment of the Bill of Rights of the Constitution.  The Tenth Amendment sets forth,“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”The Tenth Amendment is a statement of FEDERALISM. This means that sovereignty is shared between the Federal Government and the States.The Administration’s actions are inconsistent with the sovereignty of the States, protected under the Tenth Amendment of the Constitution and with the DOCTRINE OF FEDERALISM, underlying the Tenth Amendment.The Administration’s actions are also inconsistent with the DOCTRINE OF REPUBLICANISM, mandated by Article 4 of the Constitution, and inconsistent, as well, with its obligations to the States under Article 4.The States would never agree to revisions of the Constitution that would operate as waivers of Federal Government obligations under Article 4 of the Constitution and of States’ sovereignty under the Tenth Amendment to the Constitution.The Administration’s unwillingness to protect the States from invasion and, at once, attempting to foreclose States from protecting themselves, is not only unconscionable, it is patently illegal, amounting to treachery and betrayal of the Nation, Constitution, and People.

THE FEDERAL GOVERNMENT ESCHEWS ANY DISCUSSION OF ARTICLE FIVE OF THE U.S. CONSTITUTION IN A MONSTROUS PLOT TO RESHAPE EVERY INSTITUTION OF THE NATION

The Pelosi-Schumer Congress and the Harris-Biden Administration realize the Herculean task if not outright impossible task of utilizing Article 5 of the Constitution to transform the Nation into a functioning Neo-Marxist Dictatorship. The difficulty of doing so is no accident. It is by design. It is as the Framers of the Constitution intended.“Amending the Constitution should of course be undertaken with the gravest of care. After all, there is a reason why constitutional designers impose special rules for amending a constitution. If it were just as easy to amend a constitution as it is to amend an ordinary law, there would be nothing special, more authoritative, or more meaningful about it than a statute. It may admittedly be unwise to fiddle with the constitutional text because frequent constitutional changes breed uncertainty, which itself undermines the stability that government requires to function properly. Stability was in fact a chief objective in the minds of the Framers as they set out to establish the parameters for amending the constitution. Other objectives which Article V serves are popular legitimacy and federalism,  the former oriented toward ensuring that any amendment may be said to flow from the durable will of the people, and the latter permeating the entire constitutional text and indeed its very genesis. The high procedural hurdles of Article V that citizens and legislators must clear in order to perfect a constitutional amendment also entail considerable investments of time and cost, which together serve an important purpose of diluting the passions that may otherwise suffuse the daily business of popular politics.” “The Constitutional Politics Of Presidential Succession, 39 Hofstra L. Rev. 497, Spring 2011, by Richard Albert, Assistant Professor, Boston College Law School; Yale University (J.D., B.A.); Oxford University (B.C.L.); Harvard University (LL.M.). The frustration of the Neo-Marxist Internationalists and Neoliberal Globalists is palpable.They reject Republicanism for Authoritarianism or Totalitarianism, either of which requires the dismantling of a free Constitutional Republic. The tacit goal is to INSTITUTIONALIZE TYRANNY of Government.This monumental task cannot be undertaken through the lawful operation of Article 5 of the Constitution. That would be much too time-consuming and, in part, logically, as well as legally, impossible. So the Government attempts to reconfigure the political, social, economic, and legal fabric of the Nation, avoiding Constitutional stricture, through the operation of statute and executive fiat; openly denying and defying the Constitution.Is this radical, illegal alteration of the structure of a free Constitutional Republic truly coming from the faces of Government that the American people see? Or is this transformation coming from unseen forces behind the scenes?If an unseen hand is making executive-level policy decisions, then this points to treachery and betrayal of the Nation, Constitution and people, for the Chief Executive cannot Constitutionally delegate executive-level policy decision-making authority to unnamed, unelected individuals.Article 2 of the Constitution places EXECUTIVE DECISION-MAKING AUTHORITY in one person, and one person, only: The President of the United States.The President is the only person who has executive-level decision-making authority. THIS IS NOT DELEGABLE.It is a violation of the Constitution if Biden did attempt to delegate this authority to others or consciously or unconsciously acquiesced to it.If Biden is not making executive-level decisions or even involved in the policy-making process, he is not serving as U.S. President. That means he is merely a figurehead, a placeholder.If true, this means the Nation is devoid of a sitting President of the United States.

THE SALIENT PROPOSITIONS THAT COMPRISE MATTERS TO BE DISCUSSED IN OUR ESSAY ON TREASON INCLUDE THE FOLLOWING:

  • The present Government’s actions amount to treachery and betrayal of the Nation, the Constitution, and the People in failing to perform and in actively disregarding its core functions and duties to preserve, protect, and defend the Nation, the States, and the People.
  • The present Government has not only failed to perform its duties and to comply with its obligations under the Constitution of the United States but has unlawfully usurped power and authority that resides solely in the States and in the People as codified in the Tenth Amendment to the U.S. Constitution.
  • The present Government’s usurpation of power and authority residing in the States and the People reflect a conscious effort of the Government to undermine the security and well-being of the Nation, the States, and the People.
  • The present Government’s policies and actions are directed to harming the States and the people and to the eradication of, not the preservation of a free Constitutional Republic.
  • The present Government’s actions are directed to transforming a free Constitutional Republic into an autocratic regime, inconsistent with the Constitutional Requirement and mandate of Republicanism.
  • The insinuation of Autocracy in the present Government is incompatible with and constitutes a direct assault on the continued existence of a free Constitutional Republic.
  • Treachery against the States and the people constitutes a betrayal of the U.S. Constitution, the Nation, and the People.
  • The Treachery of the Federal Government is equivalent to the Tyranny of the Federal Government.
  • The Tyranny of Government directed against the States and the people has its expression through the subversion of the Constitution and of the law; contempt for and defiance of the Rule of Law; disrespect for and denial of the sovereignty of the States and of the ultimate sovereignty of the American people over Government; suppression of the Peoples’ right to exercise their Natural Law Rights and Liberties, codified in the Bill of Rights; and repression, oppression, subjugation, persecution of, and unlawful prosecution of the people in defiance of due process and equal protection under the law.
  • The present Government’s actions evidence a deliberate intention and desire to impose Tyranny on the States and on the American people.
  • Imposition of Tyranny of Government extends to the institutionalization of Tyranny in the Government and throughout the Nation.
  • Tyranny of Government constitutes a Treason of Government directed to and against the States and the People.
  • Treachery of Government is equivalent to Tyranny of Government.
  • The Treason Clause, Article 3, Section 3, Clause 1 of the United States Constitution, extends to Treachery of Government directed against the States and the People.
  • Application of the Treason Clause of the Constitution was intended not only as of an assertion of treachery directed against the United States and against the United States Government but as the assertion of the treachery of the United States Government directed against the States and/or the People.
  • The Right of the People to Keep and Bear Arms was designed to be the ultimate protector of the States, the People, and the United States, not only against their enemies, both foreign and domestic but as a defense against the tyranny of the United States Government and its standing army as might be directed against them—namely, the States and the People.

______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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IT IS TIME FOR THE U.S. SENATE TO VOTE ON NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY.

The Arbalest Quarrel has been at the forefront in the call for national concealed handgun carry reciprocity legislation. Posting our first article on the subject in 2015, in our “Roadtrip with a Handgun” series, we have  remained a strong proponent of national concealed handgun carry, and have since published two dozen articles on the subject; our latest posted on November 30, 2018.We were very pleased when the Republican controlled House at long last passed their version of national handgun carry. But that was almost one year ago. The House bill is titled, “Concealed Carry Reciprocity Act of 2017,” 115 H.R. 38. The House immediately sent the bill to the Senate for consideration. But, there has been no action on it to date. It has been sitting idle in the Senate Judiciary Committee ever since. That is unacceptable. More, this inaction is unconscionable. Millions of American gun owners want it, need it, and have the right to have it.We cannot wait because once the Democratic Party majority takes over control of the House on January 3, 2019, we will likely never again see it. The measure would have to be brought up once again, in the new Congress. It would then have to be voted on, and passed by the full House, and that won’t happen—not with a substantial Democratic Party House majority.The Democratic Party leadership that will define the measures to be taken up and voted upon by the full House has no desire to strengthen the Second Amendment. That is not part of the leadership’s agenda. Indeed, the goal of the Party leadership, for decades, has been, on that score—unlike its policy position on illegal aliens and border protection, where it flip-flopped—remarkably consistent. The aim of the Party leadership is to weaken the Second Amendment to the point that the fundamental right set forth in the Amendment ceases to have practical effect.It is therefore imperative for the Senate to bring the House version of the bill it has been sitting on for close to a year, to the Floor of the Senate for a vote by a full complement of Senators. The Senate will hopefully then pass the bill, and get the bill onto the desk of the U.S. President Trump, for his signature, before it adjourns. There is still time. But, the Senate must act now, without further delay.

National Handgun Concealed Carry Reciprocity Would Be a Good Thing; a Rational, Positive Step Forward.

A few readers of our articles have argued against passage of national handgun carry reciprocity, asserting the right of the people to keep and bear arms—as one of our fundamental, unalienable, and natural rights—rests beyond the lawful control of Government to regulate. If so, this would mean that present federal, State, and local Government regulation of the exercise of the right is facially invalid, and unlawful.The concern expressed is understandable. The Arbalest Quarrel has not been unmindful of the issue whether Government can legitimately regulate our fundamental, natural, enumerated rights at all, and if it can, then the extent to which Government can regulate these rights.The tension between Governmental power on the one hand and the rights and liberties of the people, on the other, was, in fact, a focus of attention for the founders of the Republic, and a dilemma. They came to an understanding, if guardedly and grudgingly by some, that, for the fledgling Republic to exist and persist through time, it would be necessary to establish a strong national government. But, having thrown off the yoke of oppression created by one autocratic rule—that of King George III—the founders, who met at the Constitutional Convention in Philadelphia, in 1787, had no desire to draft conditions, albeit unintentionally, that would allow for imposition of yet another such rule—and this one of their own making.The answer, for the framers of the Constitution, referred to as antifederalists, was to place an express Bill of Rights into the Constitution, to protect the rights and liberties of the people. The antifederalists saw inclusion of a Bill of Rights as necessary to curb a tendency of a national Government to exercise and accumulate ever more power at the expense of the people to whom that Government was, after all, designed and expected to serve.The federalists were opposed to this idea, but not because they were against securing fundamental rights and liberties for the people. Rather, they felt that a Bill of Rights was unnecessary and redundant, as the power and authority of a central Government would be express and limited. Everything else—rights, liberties, powers—would reside in the respective States and in the people. Further, the federalists felt that, by placing emphasis on a formal Bill of Rights, this would obscure the need for creating an effective and efficient Government that could provide both national security and strength, and, at once, promote liberty. But, we have seen how this has played out, 200+ years later. And, it isn’t good. Thankfully, the antifederalists’ demand for inclusion of a Bill of Rights in the Constitution prevailed over the federalists’ objections against such inclusion.The federal Government has indeed, through time, become very effective and efficient in amassing unbridled power, along with securing, for itself, extraordinary levels and layers of secrecy, even as the American citizenry, conversely, has lost its own fundamental right to be free from unlawful Governmental searches and seizures. Indeed, there likely now exists a Government within a Government, an ominous, parallel Shadow Government, separate and apart from the apparent, ostensibly “open” Government the public sees.This Shadow Government likely siphons off billions of taxpayer dollars annually, using that money to advance its own illegitimate goals; money that serves its own interests, not those of the American people; hence, the concern of many citizens against any Government regulation of fundamental, enumerated, unalienable, and natural rights, including the right of the people to keep and bear arms, else Government inevitably, inexorably, and insidiously encroach upon and systematically and oppressively control the lives and actions of its own people.But, is there any statement in the Constitution prohibiting Government regulation of fundamental rights, as some readers assert? Let’s look at a few clauses.

The “Necessary and Proper Clause”

Article 1, Section 8, Clause 18 of the Constitution states in part that Government is “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers. . . .”  This clause would appear to be an express limitation on Government regulation, certainly of the enumerated rights, as set forth in the first eight Amendments, apart from the unenumerated rights referred to in the Ninth  and Tenth. If so, the “necessary and proper clause” does restrain federal Government regulation of the Second Amendment and of other fundamental, enumerated rights of the people.

The “Supremacy Clause”

Article 6, Clause 2 of the Constitution states in part, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land. . . .”  The “supremacy clause” is essentially an assertion of federal preemption. The idea alluded to is that the Constitution, acts of Congress, and treaties are the Law of the Land and are subordinated to no other laws. But, contrary to some views expressed, the supremacy clause is not an assertion of the sanctity of the Bill of Rights, beyond the power of Congress to regulate. In fact, at least some antifederalists were much concerned about it, fearing the clause would give the federal Government too much power over the States. Yet, it may also be argued, that the supremacy clause implies that the enumerated rights set forth in the Bill of Rights are—since an express part of the Constitution, along with the Articles—well beyond the power of the federal Government to lawfully regulate. In that respect, the supremacy clause serves to contain and restrain Government regulation of the citizenry’s fundamental, enumerated rights.

The “Commerce Clause”

Article 1, Section 8, Clause 3 of the Constitution sets forth the power of Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”  National concealed handgun carry reciprocity does implicate interstate commerce, but whether Congressional power to regulate the carrying of a firearm across State lines amounts to an over-extension of the commerce power, at the expense of the States, will require further review by the U.S. Supreme Court.

What Will Happen When National Concealed Handgun Carry is Passed by the Senate and Signed into Law by the President?

Were the Senate to pass national concealed handgun carry reciprocity and the President sign it into law, it would be an odd thing, indeed, yet possible to see antigun groups and some pro-Second Amendment groups both opposing the law. Yet, both sides could do so, albeit each for its own reasons, both claiming Congress had gone beyond its authority to regulate firearms’ possession.Be that as it may, however this might play out, the Arbalest Quarrel feels that, given the myriad antigun laws already enacted, there would be far more to gain from having this one, at this moment in time, than not. National concealed handgun carry reciprocity would at least serve as a significantly pro-Second Amendment federal law to counter the plethora of State and Federal laws that aren’t. Still, we understand and respect such misgivings some pro-Second Amendment people may have on the matter._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

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