The U.S. Constitution (USC) Sucks, The New Articles of Confederation (NAC) is Better: Part 3 of an Open Debate—USC 4th-8th,13th Amendments vs. NAC Article II, Section 2.9-2.24


An awful lot of stuff to go over in this one…

USC Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 NAC Article II, Section 2.9

(9) to abolish the abomination of general warrants forever, the right of the people to be secure and private in their persons, houses, papers, data, metadata, communications, and all other effects, whether invisible, intangible or otherwise, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but from a judge, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;

NAC Article II, Section 2.10

 (10) the right of grand juries to file presentments shall not be abridged or regulated;

USC Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

NAC Article II, Section 2.11-2.15

(11) no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land, air or naval forces, or in the militia, when in actual service in time of war or public danger;

(12) no person shall be subject for the same offense to be twice put in jeopardy of life or limb;

(13) the right to remain silent shall not be violated, and shall be self-executing, being claimed merely by refusing to speak or communicate, and no person shall be compelled to be a witness against himself nor to communicate in any way;

(14) no person shall be deprived of life, liberty, or property, without due process of law;

(15) private property shall not be taken for public use;

NAC Article II, Section 2.16

(16) in all criminal prosecutions, the accused shall be presumed to be innocent, until proven beyond a reasonable doubt to be guilty, and the government shall have the burden of proof, not the accused;

USC Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

NAC Article II, Section 2.17-2.19

(17) in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

(18) in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him;

(19) in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense, but there shall be no compulsory process for obtaining witnesses, neither for the accused nor for the prosecution, for the conscription of witnesses shall be abolished forever;

NAC Article II, Section 2.20

(20) the privilege of the writ of habeas corpus shall not be suspended;

USC Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

NAC Article II, Section 2.21

(21) in suits at common law, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of this Confederacy, than according to the rules of the common law;

USC Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

NAC Article II, Section 2.22

(22) excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

USC Amendment XIII

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

NAC Article II, Section 2.23

(23) as it is not right that any man should be in bondage one to another, except as a punishment for crime whereof the party shall have been duly convicted, slavery and involuntary servitude shall not exist within any of these United States nor within any place subject to any of their jurisdictions;

NAC Article II, Section 2.24

(24) the right of the people to nullify a law by their voice shall not be abridged;

Okay, so here I go…

NAC’s Art.II.Sec.2.9 vs. USC’s 4th Amendment

Section 2.9 restores both the intent of the 4th Amendment and corrects its deficiencies.  The intent is included as “to abolish the abomination of general warrants forever.”  Had that wording been in the 4th Amendment, we wouldn’t have general warrants today, yet as everyone should now know, they are still being issued.  Deficiency number one is corrected by the wording: “data, metadata, communications, and all other effects, whether invisible, intangible or otherwise.”  Basically, that covers everything, making absolutely no room to wiggle around the restriction.  Deficiency number two is corrected by the wording, “but from a judge”.  Requiring an unbiased judge to be the one that decides what is or is not probable cause does away with the current tyrannical practice which allows biased people to decide the same.  The NAC’s wording comes out the winner on this one.

NAC’s Art.II.Sec.2.10 vs. USC’s nothing

The USC has nothing on this.  Current practice removes the right of grand juries to file presentments.  The NAC restores it.  Why is that important?  Because grand juries have the power to root out corruption in all levels of government, by filing presentments.  Take away this right, and government corruption can thrive unchecked.  So, the NAC re-empowers grand juries, making sure that the new government established by the NAC, stays just as squeaky clean as the day it is born.  Under the NAC, government corruption can and will be targeted and destroyed by grand juries.

NAC’s Art.II.Sec.2.11-2.15 vs. USC’s 5th Amendment

Section 2.11-2.12 is almost identical to the wording in the 5th Amendment.  But Section 2.13 expands the Amendment’s wording, “nor shall be compelled in any criminal case to be a witness against himself”, into a self-executing right to remain silent.  This, then, is the Miranda right made self-executing.  It is kind of retarded to say that you must expressly state that you are going to exercise your right to remain silent before you are considered exercising your right to remain silent by remaining silent.  So the NAC corrects this lunacy.  Section 2.14 has the same wording as the 5th Amendment.  But Section 2.15 alters things quite a bit by leaving off the words, “without just compensation.”  What does this do?  It eliminates eminent domain.

NAC’s Art.II.Sec.2.16 vs. USC’s nothing

Hear about all those university students being accused and presumed to be guilty before being proven innocent?  Well, that is the future we are heading into.  That is what is being planned and worked toward.  That is what tyrants want for us.  The NAC nips this trend in the bud before it really gets going.

NAC’s Art.II.Sec.2.17-2.19 vs. USC’s 6th Amendment

Section 2.17-2.18 is more or less the same as the 6th Amendment, but Section 2.19 makes a very big change by abolishing the conscription of witnesses, for both prosecution and defense.  In effect it does the opposite that the 6th Amendment does, for the 6th Amendment allows the defense to have the same compulsory power that the prosecution has.  But, as such compulsory power is intrinsically evil, the NAC does away with this abomination altogether.  This shows, yet again, that the NAC is superior to the U.S. Constitution in every single particular.

NAC’s Art.II.Sec.2.20 vs. USC’s Art.I.Sec.9.Para.2

Article I, Section 9, Paragraph 2 of the U.S. Constitution says the following:

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.

Section 2.20, has the same wording, but leaves off the exception.  Also, even foreigners have access to this privilege:

This Confederacy is also created to ensure that that principle of freedom, which maintains rights and privileges, which is justifiable before God, and which belongs to all mankind, be befriended, be maintained for the rights and protection of all flesh, citizens and foreigners alike, and be supported throughout the United States.

What would this do to the current practice of indefinitely detaining “illegal combatants”?  Like I previously stated on this blog, the NAC completely destroys tyranny.

NAC’s Art.II.Sec.2.21-2.23 vs. USC’s 7th, 8th and 13th Amendments

Section 2.21 is essentially the same as the 7th Amendment, except it leaves off the wording, “where the value in controversy shall exceed twenty dollars.”  Section 2.22 is precisely the same as the 8th Amendment.  Section 2.23 is essentially the same as the 13th Amendment.

NAC’s Art.II.Sec.2.24 vs. USC’s nothing

Now, this Section 2.24 is a doozy.  A DOOZY.  The right to nullify a law by the voice of the people is such a gigantic power, that this little bit here alone, once read by the powers that be, will give them nightmares and they will use every means within their power to stop the NAC from becoming the supreme law of the land.  This allows the people to nullify taxes (!) and anything else they think is wrong!  Simply put, this section says that ultimately, the people are the ones in control, and no law the majority disagrees with can oppress the people, for they have the final say in all matters.  The tyranny of the shrill minority cannot oppress the majority because of this section.

Conclusion

These sections of the NAC, (listed here and also in the first two parts of this series), contain “the constitution of the land” established by the Lord.  The constitution of the land, spoken of in the revelations, is the Bill of Rights, as I wrote 8 years ago.  (See What the Lord has said about the Constitution?)  The NAC includes the Bill of Rights, but corrects them and fully restores them, and adds other rights which fully empower the people against any and all tyranny that might show its head in the new Confederacy.  So, the installation of the NAC does not destroy the constitution of the land, but actually more fully establishes it.  The NAC, then, is essentially, a sort of new Title of Liberty.

In the next installment of this series, I will move on to Article III of the NAC.  Feel free to disagree on any point mentioned in this post.  Bring your strongest reasons against the NAC and let’s have an open debate.  And for those who like the NAC and want to install it as the Supreme Law of the land, here is my advice and prediction (and also see this comment, and this comment and this comment) :

A continual strategy of debate will install the NAC in this country and I challenge anyone to prove me wrong. I say that Americans will jump at the chance to debate the NAC and to show that the Constitution is better, but, according to the rules of the debate, they will have to read the NAC first, and once read, they will be hard pressed to defend the Constitution. Thus, everyone who hears, or watches, or reads, or participates in, a NAC debate, will become convinced that the NAC is what this country needs.

To read the other parts of this series, click any of these links:

Part 1, Part 2, Part 3, Part 4, Part 5,

Part 6, Part 7, Part 8, Part 9, Part 10,

Part 11, Part 12, Part 13.

Also see: The New Articles of Confederation (NAC) and The Right to Abolish, Revert and Replace Amendment.

Complete List of Articles authored by LDS Anarchist

Advertisements

2 Comments

  1. Abridged vs. Unabridged
    The Bill of Rights in the USC are in an abridged form. The NAC has the unabridged version of the Bill of Rights. Comparing the abridged Bill of Rights found in the USC to the unabridged Bill of Rights found in the NAC, is like comparing a Reader’s Digest version of a story to the original unabridged novel, or a five and dime dictionary of the English language to the multi-volume Oxford English Dictionary, or the Book of Mormon (an abridgment of the plates of Nephi) to the actual plates of Nephi. Which would rather have? The abridged Bill of Rights or the unabridged Bill of Rights?

    Elders of Israel saving the Constitution
    The Mormon prophecy about the Constitution hanging by a thread and the elders of Israel saving it from destruction, if true, (and I have never received any revelation concerning this thing, so I don’t claim it is true or false), must apply to the Bill of Rights and not to the whole U.S. Constitution, because the Lord was referring solely to the Bill of Rights when He spoke, in the revelations, of the constitution of the land being established by Him.

    The saving, then, of the Bill of Rights, if the prophecy is true, must also apply to the New Articles of Confederation, which contain the Bill of Rights in an unabridged form. The installment of the NAC, then, would literally fulfill the prophecy about the Constitution being saved, for under the USC, the Bill of Rights are being shredded, but under the NAC, they are firmly established forever, with no room to wiggle around their actual meaning by false interpretations.

    So, Mormon elders, you who believe this prophecy, get to it and start saving the constitution by installing the NAC.

  2. As stated in the above post, there is no eminent domain under the NAC. Also, there is a right to nullification of any law by the voice of the people. Together these two things create the possibility of allodial titles existing in America, for citizens. (The citizens would have to nullify their property taxes, of course, for this to happen.)


Comments RSS

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s