The Constitution of the United States is “the supreme Law of the Land.” All members of Congress “shall be bound by Oath or Affirmation, to support this Constitution.” Article III, Section 3 states, “No person shall be convicted of Treason unless on the Testimony of two Witnesses . . . or on Confession in open court.” Seditious conspiracy (18 U.S. Code § 2384) occurs when “two or more persons . . .conspire to overthrow . . . put down, or to destroy . . . the Government of the United States . . . [the Conspirators] shall each be fined under this title or imprisoned not more than twenty years, or both.”
On January 23, 2023, 86 House Democrats openly violated their oath to support the U.S. Constitution by voting against H.CON. RES. 9, “Denouncing the horrors of socialism.” This Concurrent Resolution passed 328 to 86, with 14 Democrats voting present, and 6 members (3 Republicans and 3 Democrats) not voting. Some of the prominent Democrats who voted against the resolution include Pramila Jayapal from Washington, Jerry Nadler and Alexandria Ocasio-Cortez from New York, Ilhan Omar of Minnesota, Ayanna Pressley from Massachusetts, Jamie Raskin of Maryland, and Rashida Tlaib from Michigan.
The resolution concludes, “the United States of America was founded on the belief in the sanctity of the individual, to which the collectivistic system of socialism in all of its forms is fundamentally and necessarily opposed: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That Congress denounces socialism in all its forms, and opposes the implementation of socialist policies in the United States of America.”
The resolution quotes President Thomas Jefferson, “To take from one, because it is thought that his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it.”
In addition, the resolution states, “the Father of the Constitution”, President James Madison, wrote that it “is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest.”
Unfortunately, most members of Congress, at one time or another, have violated their oath by voting for legislation they have not read. How would members of Congress know if the legislation is constitutional if they have not read it? Just as important, many members of Congress have supported legislation that takes property from A and gives it to B, in violation of the Constitution. This Current Resolution quotes Presidents Jefferson and Madison; and is further supported and explained by Justice Samuel Chase in Calder v. Bull (1798), who holds the same views as Jefferson and Madison regarding the Constitution:
“There are acts which the federal, or state legislatures cannot do, without exceeding their authority. [An] act of the legislature (for I cannot call it a law), contrary to the great first principles . . . cannot be considered a rightful exercise of legislative power. [A] law that destroys or impairs . . . private contracts of citizens . . . or a law that takes property from A and gives it to B . . . is against all reason and justice . . . [and] altogether inadmissible in our free republican governments.”
Article IV, Section 4 of the Constitution states, “The United States shall guarantee to every State . . . a Republican Form of Government,” as defined in the Current Resolution by Jefferson and Madison; and elaborated more fully by Supreme Court Justice Samuel Chase in Calder v. Bull.
Sadly, many members of Congress, knowingly and unknowingly, have and continue to violate their oath to support the Constitution, thereby conspiring to overthrow the American Republic and replace it with a democratic-socialist regime. As Jefferson warned, “The natural progress of things is for liberty to yield and government to gain ground.”
We now have 86 members of Congress on the record, with more than the required 2 witnesses, who openly oppose the U.S. Constitution and in particular, “a Republican Form of Government,” violating their oath to support the Constitution: Thereby committing treason and seditious conspiracy.
What about the First Amendment, “Congress shall make no law . . . abridging the freedom of speech?” Maybe the First Amendment allows these 86 Congressional members to denounce the American Republic? It certainly does. HOWEVER, if members of Congress propose or support legislation that violates our Constitutional Republic or, as Justice Chase opines, “our free republican governments,” they are committing treason or seditious conspiracy.
The problem we have today is that several generations have been indoctrinated rather than educated. In 1937, the Supreme Court abandoned its responsibility to protect private property, contracts, and basic economic rights. Chief Justice Roberts believes his responsibility is to “call balls and strikes” whereas, Justice Bradley believed, “It is the duty of the courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments [by Congress and the Executive Branch].”
The Constitution has not been amended since 1798 when Justice Chase explained that taking property from A and giving it to B is against all reason and justice; and is unacceptable in our free republican governments. But from 1937 through today, Congress, with the continued support of the Supreme Court, is taking property from A and giving it to B in complete violation of the Constitution. This Current Resolution, opposed by 86 Democratic members of Congress, supports the Constitution and the American Republic given us by our Founders, who include Jefferson, Madison, and Justice Samuel Chase.
Will the 328 members that passed this Current Resolution begin the slow process of restoring our individual private property rights, contract rights, and economic freedom? Will the Supreme Court quit “calling balls and strikes,” siding with increased government power, and do its job as stated by Justice Bradley, “It is the duty of the courts to be watchful for the constitutional rights of the citizens and against any stealthy encroachments”?
Our constitutional obligations and rights should be introduced and taught in all grade levels, especially beginning in middle school (6 th through 8 th grade). Each student should have their own pocket Constitution (The Cato Pocket Constitution | Cato Institute), which includes the Declaration of Independence. After all, the U.S. Constitution is “the supreme Law of the Land!”
Rather than ignoring the Constitution and the Declaration of Independence, as is done in most Law Schools — i.e., “beginners in constitutional law are often amazed by how little of the Constitution they find in constitutional opinions, which tend to be filled with elaboration and application of various doctrinal ‘tests’ extracted from prior decisions” (Laurence H. Tribe, Harvard Law) — students, and ALL citizens, should be taught to first read the Constitution to determine if any legislation proposed or passed is authorized under Article I, Section 8 and if so, do any of the provisions violate Article I, Sections 9 and 10, the Bill of Rights (first ten Amendments), Amendment XIII (Neither Slavery nor involuntary servitude is allowed), and Amendment XIV (No State shall abridge the privileges or immunities of citizens and due process of Law is required for all citizens). Never forget, the Constitution is “the supreme Law of the Land,” NOT an opinion of a Judge using “esoteric hermeneutics rationalizing expansive powers for the government”* in order to rewrite the Constitution according to his or her liking!
What can we do? Separate Education and State; change the rules of the Supreme Court (see Freedom vs. Democracy, The Supreme Court May Be Our Last Hope, Freedom vs. Democracy : The Supreme Court May Be Our Last Hope - Kindle edition by Beard Jr. , Robert G.. Professional & Technical Kindle eBooks @ Amazon.com.); and remove centralized power from Washington DC, by repealing the 16th Amendment, the right of Congress to tax all incomes. Please sign our petition, Abolish IRS — Jeffersonian Group | Financial Planning & independence).
Practically speaking, none of this will happen without a grass-roots effort to educate voters or ultimately, through revolution, as justified and required by our founding documents.
Dum Spiro Spero—While I breathe, I hope,
Robert G. Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.
*Clarence Thomas, An Afro-American Perspective: Toward a ‘Plain Meaning’ of the Constitution—The Declaration of Independence in Constitutional Interpretation, 1987 How. L.J. 691.