Article VII of the NAC includes, almost in its entirety, the text of the judicial process and powers given in the original Articles of Confederation (AOC), except that a new procedure is put forth for determining who will be the judges when the parties cannot agree as to who will form the court. Apart from that, everything else is pretty much the same. The effect is a super-scaled down version of a judiciary from the all-powerful SCOTUS we have today, which the authors of the Federalist Papers (which really should have been named the Nationalist Papers) called the weakest branch of the constitutional government, but which currently wields vast powers over the people and the States in its decisions.
In Federalist No. 78, Hamilton says that the Judiciary branch of the proposed government would be the weakest of the three because it had “no influence over either the sword or the purse, …It may truly be said to have neither FORCE nor WILL, but merely judgment.” There was little concern that the judiciary would be able to overpower the political branches; congress controls the money flow and the President controls the military. Courts, on the other hand, do not have the same clout from a constitutional design standpoint. The judiciary depends on the political branches to uphold its judgments. Legal academics often argue over Hamilton’s description of the judiciary as the “least dangerous” branch. Hamilton also explains how federal judges should retain life terms as long as those judges exhibit good behavior. (Wikipedia entry on Federalist No. 78)
In conjunction with Article VII, there is also this section:
Article X. Section 5. As the decisions of the supreme court of the former national government were made according to that law which was the United States Constitution and its treaties, which law is no longer binding upon the States, nor upon the people thereof, neither shall such decisions be binding upon any of the States, nor upon their people.
These two parts of the NAC then, which deal with Congressional judicial matters, grant Congress extremely limited judicial jurisdiction, just as the AOC did, and negate all the prior SCOTUS decisions. (See, for example, this list of Twenty-Five Landmark Cases in Supreme Court History to get a feel of what will be wiped out by the NAC.) Nevertheless, some things that SCOTUS ruled on will be retained by the NAC. For example, the following two rulings, regarding the right to remain silent, are addressed by the NAC:
Miranda v. Arizona, 1966
“You have the right to remain silent …”
After police questioning, Ernesto Miranda confessed to kidnapping and raping a woman. The Court struck down his conviction, on grounds that he was not informed of his 5th Amendment right against self-incrimination. Hereafter, the Miranda warnings have been a standard feature of arrest procedures.
SCOTUS ruling: Silence can be evidence as guilt
A 5-4 ruling upheld the murder conviction of a Texas man who bit his lip when an officer asked him about shotgun shells
Here is how the NAC addresses them:
Article II. Section 2. (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;
But all the other judgments will be null and void, including this recent doozy by SCOTUS:
Obergefell v. Hodges, 576 U.S. ___ (2015), is a landmark United States Supreme Court case in which the Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. (Wikipedia entry on Obergefell v. Hodges)
For the most part, the States will judge all matters, though they will also be constrained by the NAC, per this section:
Article X. Section 10. These articles of Confederation, and all the treaties made, or which shall be made, under the authority of the united States in Congress assembled, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Laws or Constitution of any State to the Contrary notwithstanding.
Article VIII contains a list of Congressional powers and also deals with the powers granted to the United States Committee when Congress is not in session.
Now, the main difference between the USC and the NAC when it comes to their respective powers is that under the USC, government power has become, in effect, unlimited. This is because of a perversion in reading the “general welfare” clause of the USC, as well as other clauses that have been interpreted as granting enormous powers. The NAC, though, keeps everything very limited, quite enumerated, and makes no allowance for generalities. It literally shackles the government and says, in effect, “You can do this and nothing more.” So, on the one hand we have the behemoth of the national government (the USC’s incorrectly named “federal” government,) which ostensibly claims that the USC grants all this power legitimately, and on the other hand we have a very small, but extremely effective (truly) federal government (the NAC’s Confederacy), which wields very limited power, but in a way that is quite useful, yet not oppressive to the people. Limited government, then, is represented by the NAC and not by the USC.
As there is not much else in this article that, in my opinion, is revolutionary, except maybe for the fact that Congress must turn a profit on their business operations, I will proceed to the next article.
War with the Super-Armed Society
Article IX is the war article and it surely IS revolutionary. The NAC completely alters the war activities of the nation from how they exist under the U.S. Constitution. To begin with, the USC allows a standing army during peacetime and also military conscription, while the NAC does not:
Article II. Section 2. (3) because of the extreme danger posed to liberty, there shall be no standing army in times of peace, and military conscription shall be abolished forever;
On the surface that would seem to make the American people insecure, but in reality, it makes them more secure. Remember, the NAC creates a super-armed society:
Article II. Section 2. (1) as a well-armed populace, skilled in the use of all weapons, is essential for the security of the United States—in order to wage warfare against any enemy, foreign or domestic, that should threaten any of their rights—the right of the people to make, keep, bear and carry all manner of weapons of every kind, openly or concealed, shall not be infringed nor regulated;
Article IX Section 9. When men enlist in the armed forces, they shall have power to bring with them all their weapons of war, if they have them, and to retain and use them during battle, and Congress shall also supply the armed forces with other weapons and ammunition, and with other needed supplies, that the armed forces shall have all it needs, in abundance, to defend the Confederacy lands; and if the supplies of the armed forces are greatly reduced during wartime, each State shall open its militia supplies to the armed forces, by writ of Congress, to defend the land, and after a war is over and peace has been declared by Congress, all weapons and supplies, which are left, shall be returned to the rightful owners.
Article XII. Section 6. Any State that has one or more international points of entry, or an international land or sea border, shall have power to restrict, according to law, imported goods brought through such entry points and borders, by any person, excepting personal weapons.
America under the NAC will be the most weaponized society of the entire world. Not only will all Americans possess a great deal of weapons, and of all types, but they will also be free to walk around fully armed pretty much anywhere they like. This alone, will be a huge deterrent to foreign invaders and domestic conspirators alike. A disarmed populace is easy pickings, while one that is armed is a great deal harder to overthrow and conquer. But the super-armed society that the NAC creates the conditions for is a would-be conqueror’s worst nightmare.
The NAC doesn’t just address firearms, but all manner of weapons of every kind. Why is this important? Because firearms require bullets. When your bullets run out, what do you do? Just surrender? No. You reach for your javelin, and bow and arrows, and boomerangs, and throwing stars, and darts, and slings and stones, and swords, and axes, and everything else you’ve amassed. You don’t surrender, YOU KEEP FIGHTING, with your other weapons. The NAC fully arms the people with everything they need to defend the land by allowing them to exercise their right to fully arm themselves and defend the land. It does not mandate that the people arm themselves, because it does not need to. It only needs to allow them to exercise their rights and they will arm themselves. Remember what Joseph Smith said when asked how he was able to govern such a vast people? “I teach them correct principles and they govern themselves.” Well, if you allow a people to arm themselves with all manner of weapons of every kind, they arm themselves. Why? Because that is just the nature of things.
The entire populace as the standing army
This, then, causes the whole freaking populace to be the “standing army” in times of peace. Who in their right mind wants to face 380 million, fully armed people?! No one. It is easier to conquer a nation when there is a standing army of half a million professional soldiers. When you defeat the professional soldiers, you win the war, and the people’s leaders issue the official surrender in behalf of them. Easy as pie. But facing 380 million people? That’s a hard pill to swallow.
Besides being wrong, conscription is ineffective
Everyone knows that military conscription is bad for soldiering. (Or everyone should know.) Those forced to fight do so reluctantly and make poor soldiers; they will desert at first opportunity, are bad for troop morale, etc. Military conscription is not a good policy, despite the fact that it violates the people’s rights. If you want to properly defend the land, you must have a policy that causes people to volunteer for service.
The NAC does just that. How? By creating the conditions for justified war. When men feel like they are justified in taking up arms against an enemy, they volunteer in droves. Justified war is defensive war and that is what the NAC is all about.
A restricted eligibility
Got a hankering for blood? Wanna be able to crack open some heads and shoot you some people and not hafta go to jail? Well, then, boy, the U.S. Armed Forces is the place for you! We’ll send you to plenty of places overseas in conflicts and undeclared wars where you can have plenty of opportunity to kill to your heart’s content, even women and children, too! All under the guise of protecting American interests, so you won’t be brought up on any charges. Heck, if you get transferred to some of the prime prison locations we offer, you can even torture people, too!
Such is the sadistic state of military affairs under the USC.
The NAC corrects this trend toward barbarity by issuing the following decree:
Article IX. Section 9. Paragraph 2. Men who are reluctant to contend with their enemies, and who are sorry to take up arms against them, and who are sorry to be the means of sending them out of this world, who do not delight in the shedding of blood, but who are willing to shed blood to defend their country, who are of sound mind and body, and who are of the strength of the Confederacy, even the young men and the middle-aged men, who are people of the States, shall be eligible to enlist in the armed forces. Men of blood shall at all times be barred from enlistment and if any blood-thirsty men are found within an army, or any that delight in bloodshed, their commanders shall promptly remove them from the ranks, or their commanders shall face charges and be held responsible for their murderous actions. Congress shall have power to extend, by law, enlistment to old men, and to women, and so forth, who are also people of the States, only if necessity requires it due to facing an enemy of overwhelming numbers, to marshal the entire population to defend the land, provided none such are blood-thirsty.
In other words, the honorable act of warfare, in which one defends against an attacker, is going to be restored back to its noble and civilized origins, under the NAC. Warfare under the NAC is to defend, not to murder in order to further certain political or secretive agendas. The NAC will take warfare out of the hands of the conspirators and put it back into the hands of the people. The cause of war must be just (defending the land from an invading force) and also the defenders must be just (no would-be murderers allowed.) The NAC then sets up the conditions for a righteous army.
Voluntary and freedom of choice
The voluntary nature of the enlistment allows the people themselves to decide the justness of any war. If, for any reason, a war is deemed unjust by the populace, Congress will be unable to raise up an army, because all recruits must be voluntary and Congress will be unable to hire mercenaries or foreign forces. Additionally, a recruit gets to pick the army he wants to join, “according to the commander they desire to follow into battle.” This creates cohesion among the troops as friends and family will join the same units.
The restoration of Minutemen
The NAC also brings back the Minutemen, which are first responders in any given emergency.
The land is to be fortified
As the armed forces under the NAC cannot go beyond the land and sea borders
Article IX. Section 13. Paragraph 1. at no time shall the armed forces go beyond the boundaries of the land and sea borders, for warfare shall never be fought upon enemy lands, nor upon neutral lands or seas, but only upon Confederacy lands and seas, for the armed forces shall only drive an invading force from the Confederacy land and sea borders, and there shall be no retaliation.
all fighting must be done upon our own lands and seas, therefore the NAC provides for fortifications to be built around the lands, cities, borders, with walls and lookout towers, etc., so that when it comes to war, we are prepared to defend. These operations are all defensive in nature, as they are on our own lands, thus negating all offensive warfare that currently goes on under the USC. This will be a total change in conditions which will create a sense of justified warfare that will resound in the hearts of the people.
No more spying upon the American people
Good-bye drones and all other things used to spy upon the American people under the USC. The NAC does away with these things:
Article IX. Section 12. Paragraph 1. no watchmen, nor anyone in the employ of this Confederacy, shall spy upon the people of the several States, nor shall any device of the Confederacy be operated to the same effect
Good-bye mercs, Blackwater and other security firms
Article IX. Section 12. Paragraph 1. Congress shall not have power to employ private security firms, nor those who are not the people of the States.
Good-bye military-industrial complex
Article IX. Section 12. Paragraph 1. Congress shall not have power to employ private manufacturing firms
Good-bye undeclared conflicts
Article IX. Section 13. Paragraph 3. Congress shall have no power to assemble the armed forces except upon a declaration of war.
Letters of Marque and Reprisal are to be used
Article IX. Section 13. Paragraph 2. when there are enemies of small numbers of less than a state or nation, consisting of one or more persons, or small groups or gangs, or when American prisoners have been taken captive abroad, Letters of Marque and Reprisal shall be issued to retrieve the prisoners or to deal with these small numbers of enemies, and not the armed forces, for the United States shall never use its armed forces to invade foreign lands.
While the USC has power to issue letters of marque and reprisal, in practice they are never used, for we’ve got a standing army that we can send overseas to build up the American empire. So, these letters are pesky annoyances to would-be tyrants. But the NAC makes them mandatory in certain situations. Yet another shackle upon government.
No more sabre rattling
Article IX. Section 13. Paragraph 1. If any nation, tongue or people should proclaim war against the Confederacy, or any one or more of its constituent States, Congress shall first lift a standard of peace, through its ambassadors, to that people, nation or tongue; and if that people does not accept the offering of peace, neither the second nor the third time, Congress shall be justified in waging war against them and shall declare war on them and prepare for war
We are not to be a belligerent nation, but a peaceful nation, trying to sue for and propose peace to those who wish to do us harm. Three times Congress must do this and only then can they declare war. This wording, enshrined in law, will make all nations view America as a land of peace, and not a land of war, despite the Americans being armed to the teeth. This can only reduce the number of conflicts we will have with other nations.
Go in peace with a covenant of peace
Many of these enemy nations are using men who are conscripted or otherwise reluctant to fight us. This NAC policy will cause many of them to put down their weapons against us:
Article IX. Section 14. All prisoners of war that surrender their weapons with a covenant of peace—that they shall never again come against the Confederacy, or any of the States, or the American people, to war—shall be deported as free men, but no enemy soldiers shall be allowed to surrender their weapons, nor be afterwards released, unless they first take such an oath or covenant, except in the case in which an enemy force has also captured American soldiers, in which case enemy soldiers shall be allowed to surrender without an oath of peace, to be used as a ransom for the exchange of prisoners.
In fact, this may cause many of such men to not only leave in peace, but to come back as Americans, wanting to join the land and people who lift up such standards of peace. In other words, enemy nations will be hard-pressed to convince their people to take up arms against the Americans, because of our peaceful natures manifested even during wartime. The NAC sets up these curious conditions which can only have the effect of making Americans safe, both at home and abroad. In other words, the NAC will make “being an American” in vogue in foreign lands and many will want to think of themselves, and also call themselves, “Americans.” Foreigners will again come to love America and Americans. No more will we be regarded as “the great Satan” by certain factions, or be spoken of in terms of empire building and pride, but many who now say we are in sin and error will have a change of heart and think, “It appears the Americans have repented.” Friendly relations with all nations and people will go forth throughout the world and the eyes of all people will be on America.
The effect of all these war policies
On the one hand, the NAC will reduce or altogether eliminate war and conflict between Americans and other peoples. Peace, freedom, liberty, these will be the things people think of when they think of America under the NAC. The enslaved masses, enslaved by rights infringement and also economically through taxation will come to love what America represents. So, the motivation for war will be almost entirely eliminated.
On the other hand, the NAC will create unheard of prosperity in America. Which means that manufacturing will come home. Which means that the American economy will finally be fully unleashed upon the world. Which means that America will once again, and permanently, dominate the economic landscape, world-wide. In every area. This will cause disruptions in the manufacturing industries in China, and in the petroleum production of the Middle East, and in the textile-making industries around the world, and in the currencies markets, etc. The NAC’s passage will send economic shockwaves throughout the world, causing all the world’s societies to enter a new, previously unknown condition, in which the entire world suddenly finds that their economic hats have been handed to them by the Americans. That kind of total economic disruption can only destroy the economic power bases of some very powerful entities currently existing in the world. These powerful entities are NOT going to like this.
Also, the rest of the world is taxed to the hilt and the plans are to increase them even more. The NAC will eliminate all federal taxes and open up the opportunity to eliminate even the State taxes. This, along with the enticement of living a life with full rights and privileges, will cause a mass exodus of all the world’s people toward America. Some very powerful entities currently existing in the world need these masses of people, as taxpayers and also to enslave, through the infringement of their rights. These very powerful entities are NOT going to like this.
A world war like no other
Now, the fortification of America, militarily, under the NAC, and the policy of “come and get us if you want a fight,” gives a home court advantage to America. An invader has to cross one of the two oceans of water that surround us on either side. This is costly and dangerous. Invading America is a logistical nightmare. But these very powerful entities are not going to sit idly by while America robs them of all their economic and population wealth (money and people.) The passage of the NAC will be seen as if the prize (America) was snatched from their clutching fingers in the very moment they were closing their grasp tight to hold it forever. While the world’s people will be cheering the NAC’s passage in the streets, these powerful people will, behind closed doors, be throwing a temper tantrum. Like Amalickiah before them, they will be
exceedingly angry with [their] people, because [they] had not obtained [their] desire over the [Americans]; [they] had not subjected them to the yoke of bondage. Yea, [they will be] exceedingly wroth, and [they will] curse God, and also [the Americans], swearing with an oath that [they will] drink [their] blood (Alma 49:26-27)
As the NAC completely undoes the secret combinations and other conspiracies in government, found here in our land, destroying their ability to control America from the inside, this means they will have only ONE option, upon passage of the NAC: invade from the outside.
This other hand that I am describing, then, paints a picture of inevitable war, in which extremely powerful entities will use their people as fodder to regain control of America, by crossing the oceans to conquer us, by force of arms.
To the north, we have socialist Canada, which, ostensibly, is our friend. Sure the people are friendly to us, but the government, and the powerful entities that control it, are friendly to us only at present. Under the USC, we are under, essentially, a proto-socialist government, marching forward towards Marxism at an ever increasing rate. Thus, Canada, and America under the USC, have much in common. But when the NAC is installed, socialist Canada and the free American Confederacy will have NOTHING in common. The friendship between the two nations will soon thereafter end.
To the south, we have corrupt Mexico, whose people love America, but whose government is corrupt from top to bottom, and whose drug cartels defy everyone. This government, to our south, is also ostensibly friendly to us. But corrupt Mexico and the corrupt national government of the USA have much in common currently, namely, corruption. Enter the NAC and that commonality goes by-by. The NAC will be able to eliminate corruption on the federal level, and also on the State levels (through grand jury presentments), making the new Confederacy squeaky clean from the start. Also, the newly super-armed American populace will have all they need to deal with the drug cartels, as well as the street and criminal gangs found among them. Do you think the Americans will not move immediately to eliminate these sources of corruption? Do you think that criminal gangs are not going to have their options severely reduced by the American people upon passage of the NAC? Surely they will. The Americans, upon finding themselves free from the tyrannies of the national government will certainly turn their eyes to every observable corruption found among themselves, and they will organize themselves and deal with the gangs and cartels in a hot minute, sending all the criminals left alive running to the borders.
Thus, Canada and Mexico, upon passage of the NAC, will no longer be as friendly as they formerly were. And the socialists of Canada will then conspire with other powerful foreign entities, to take out America. (For Canada is too weak to take us on alone.) And the cartels and corrupt interests in Mexico will use their government influence to conspire with other powerful foreign entities, to take out America. (For Mexico is too weak to take us on alone.)
Now, neither Canada, nor Mexico, working together, can deal with America under the NAC. No, sir; they will most certainly need help. And help they will get, because those two oceans of water create too much of an obstacle for the conspiring powerful people. A proper invasion needs to come from the land. And from the land, as well as from the sea, it will inevitably come, for these powerful foreign entities will conspire with Canada to enter into America from the north, and with Mexico to enter into America from the south, as well as sending their troops over the waters.
Everyone thinks that the next world war (World War Three) is going to happen in the Middle East and that it will be the final conflict, even Armageddon. But there is a world war that is mentioned in the scriptures that is going to take place right here, in good ol’ America, after the NAC passes. For China and Russia and everyone else that wants a piece of the American pie, (which is everyone,) are going to conspire to take on the world’s first super-armed society, thinking that with their huge numbers it surely can be done. But, the NAC has already anticipated and prepared for that.
When those troops get here, there will be fortifications everywhere, even at the borders of Canada and Mexico, and in all the cities and lands. And many of these troops will know of our war policies, and how if they surrender their weapons with a covenant of peace, they can go. There will be very many defections of the invading army. There will be many who will switch sides in the midst of the conflict. The enemy, of course, will understand that this is a very likely possibility, so they will not extend the war, but will come with their limitless numbers to win a decisive and quick victory, if possible.
What will the outcome be? Why, victory for the Americans, of course:
And I beheld the Spirit of the Lord, that it was upon the Gentiles, and they did prosper and obtain the land for their inheritance; and I beheld that they were white, and exceedingly fair and beautiful, like unto my people before they were slain.
And it came to pass that I, Nephi, beheld that the Gentiles who had gone forth out of captivity did humble themselves before the Lord; and the power of the Lord was with them.
And I beheld that their mother Gentiles were gathered together upon the waters, and upon the land also, to battle against them.
And I beheld that the power of God was with them, and also that the wrath of God was upon all those that were gathered together against them to battle.
And I, Nephi, beheld that the Gentiles that had gone out of captivity were delivered by the power of God out of the hands of all other nations. (1 Nephi 13:15-19)
But behold, this land,
shall be a land of thine inheritance, and the Gentiles shall be blessed upon the land. And this land shall be a land of liberty unto the Gentiles, and there shall be no kings upon the land, who shall raise up unto the Gentiles. And I will fortify this land against all other nations. (2 Nephi 10:10-12)
Notice that the prophecy says ALL other nations. So, this is going to be a war in which the nations of the entire world participate, a truly world war, fulfilling the prophecy in which “war shall be poured out upon all nations” (D&C 87:3.) And it is going to happen here in America. Not under the USC, but under the NAC (or something like it.)
The plan under the USC
The conspirators do not want to invade externally. They want to use the USC to entirely emasculate the male population of America, to the point that they just either voluntarily give up all their rights, or are too weak to stop the police state from taking whatever rights are still left. The coup d’état is planned to be done internally, with external support on an as needed basis, or, even better yet, just the threat of external support. This is why the land is almost entirely devoid of fortifications at present. The plan is to emasculate the men, take from them their rights and privileges, disarm them, and leave their cities, lands and borders completely defenseless, so that all who resist will be mowed down with minimal casualties on the part of the conspirators.
And, behold, the enemy is combined. And now I show unto you a mystery, a thing which is had in secret chambers, to bring to pass even your destruction in process of time, and ye knew it not (D&C 38:12-13)
But let the enemy combine all they want. Their plan will not work, for the NAC completely demolishes this scheme, leaving them no other option except externally applied warfare, (for the conspirators will not allow America to slip through their fingers.)
This picture is not meant to alarm anyone
On the one hand I am painting a picture of reduced or eliminated warfare, while on the other hand the picture is one of a conspiracy-inspired, all-out, world war, initiated by extremely desperate and evil men. These are the two possible scenarios that may occur under the NAC.
Some may be tempted to think that the USC seems better if those are our two possible NAC futures. But the USC future is one of enslavement, in which we lose everything without even having the chance to fight. The NAC future is one of freedom, in which we gain everything without fighting, but then we will have to maintain our rights and privileges against those who will try to take them from us, by force of arms. Only those with a slave mentality, who don’t mind being a captive to tyrants, would choose the USC over the NAC. The NAC is superior to the USC because it gives us freedom and liberty that the USC does not give us, plus it gives us the very means we need to maintain these same freedoms and liberties, which, again, the USC does not give us. The USC only gives us a false hope and lip-service of freedom and liberty, without delivering the actual goods. The NAC delivers, but it will be up to us to use those goods to remain free. So, an effectual struggle is still ahead of us, and the NAC foresees this, and so it does not leave us disarmed and without fortifications, like sitting ducks, as the USC does.
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