use of caveats
This is very important for the war on terrorism.
The Constitution was set up
to accommodate a number of caveats or vulnerabilities which easily and effectively circumvent
limits placed by the Constitution.* The Constitution was written in such a way that it allows these to exist. Quite a few of them were thought of by the forefathers. Actually nearly half of them were
thought up by the wives of forefathers when they got together for their
knitting circle. The wives were quite a team. In fact Dolley Madison made a full list of them. That list may be in the Library of Congress. I have long since forgotten most of them.
The one which is the most potent and useful in the war on terrorism is the simple fact that martial law does not need to be made public. For instance the president or governor can declare martial law to only one other citizen such as a general or FBI agent.
The caveats were put in mainly because the
early government was in danger of being taken over by the Tories, French and the
fur traders. Fur was the New Worlds largest industry (after the Spanish
Gold played out) and at the time the fur interests were trying to take over the U.S. by bribery so we
had to make four caveats to handle them. Also we added to the Constitution
what now prevents former Governor Swartzeneger from becoming president. I write
about both of them here. There
are probably dozens of caveats that were created to prevent any country or group
from robbing us of our rights, property and liberties. They still exist and could be very useful today.
As I said I have forgotten most of them. I'm trying to think of one
of them that I can point out which won't bring the government to a full and screeching
halt. (That would probably make a lot of Americans highly upset.) We never had to use any of them. Just the threat of using them was more than enough. If we
had even used one of those of those caveats 200 years ago, the secret would be out. Then I
could point out it's use to you as an example but luckily we just never had to use
even a single one of them. I know, I can tell you one that we almost used.
We almost used this caveat against the French
'terrorists' (we called them fifth columnist then) that Napoleon was sneaking
into the country in an attempt to take over. However, before we could use it the Aliens and Sedition
Acts aborted France's planned attack and our need to use that caveat. It was all very real.
The French decided they were going to foment a take over of the US based on terror, the French Army and the Guillotine. They were sending over the bloodiest murderers who had fomented their revolution to take over our new nation. They had thousands of them and they did not know what to do with them. The French had to eliminate them somehow since they were so dangerous. So they decided to send them all to us and use them to take over the US!
We, a small group of the forefathers, were going to use just one caveat to capture all
those terrorists. However we did not want to expose the secret ahead of time so we had to keep it from the rest of the US government including about 90% of Congress. They would have certainly leaked the secret and that would have been the end of our plans.
Since the rest of the government did not know that our plans or that the caveat even existed they panicked
when they saw all the dangerous looking Frenchmen coming ashore and passed
the Alien and Sedition Acts. They were terrified by the French terrorists
that came to the US. One time I recall an English ship that sailed into
New York harbor and let off 150 of them at once. One Frenchman we took
into custody in Baltimore would not say much so we called the French Ambassador
in. The Ambassador refused to even go into the room with the man without his sword
drawn and with the back up of two American militia men that he had personally chosen and
who had their guns loaded and cocked. That is how dangerous even the French
Ambassador thought they were.
The Alien and Sedition Acts messed up everything for us.
- The Alien Friends Act (officially An Act Concerning Aliens; ch. 58, 1 Stat. 570) authorized the president to deport any resident alien considered "dangerous to the peace and safety of the United States." It was enacted June 25, 1798, with a two year expiration date.
- The Alien Enemies Act (officially An Act Respecting Alien Enemies; ch. 66, 1 Stat. 577) authorized the president to apprehend and deport resident aliens if their home countries were at war with the United States of America. Enacted July 6, 1798, and providing no sunset provision, the act remains intact today as 50 U.S.C. § 21–24. At the time, war was considered likely between the U.S. and France. Wikipedia
of us prominent fore fathers voted against the passage of the Alien and Sedition
Acts so that we could use our little trump card and capture all the terrorists at one swipe (when they met). We thought rightfully so that the terrorists would just go underground and we would never be able to catch them when congress voted in the Acts and we were right. They did. They all hid. Then to make matters worse
our voting against the acts made us forefathers look like we were French sympathizers.
It did not make sense then and it doesn't make sense now that us forefathers, who valued our liberty so much that we often openly gave up our lives in rebellion against England, would embrace slavery by France. It just made no sense at all. Does it to you? However, everyone else seemed to have thought we wanted the yoke of France on our shoulders. It made no sense at all to me.
looked so bad that the majority of the politicians banded together and called themselves
'Federalist'. Then they used the Act against us 'Republicans'. Since we did not need to use the caveat at that time we thought we might need it later on to use against
the English if they tried something similar. So we kept the caveat a secret and never explained our actions.
At the time our actions seemed like treason to most other Americans. Many of us 'Republicans' were suspect including yours truly, many were
put on trial and ten were convicted, yet we kept that caveat secret so that we could use it against the English if it was needed.
Historians have been far too
kind and have covered up most of the alleged 'treason'. But if you want
to find out more you can find it on the internet and read between the lines. You can also find out how
we voted and argued in the official records and especially locate the
comments that ended up in the newspapers. I'll try to find some of them.
Now you know what well meaning historians have been covering
up for more than 200 years.
SO WHAT WAS THE CAVEAT ALREADY? Here is the caveat that we were willing to go to prison for. As I said it was intended to be use against the French 'terrorists' in the 1790's. I also sent information concerning this caveat to President Bush several years ago. Maybe I should send it to Trump. What do you think?
The caveat was that martial law does not have to be declared to the general public.
We found out from very impeccable sources in France that these French terrorists were going to keep coming in and building up their strength until we declared martial law. Then two days after that when there was ensuing panic the 'terrorists' were going to meet and strike against the US from within. They were going to attempt to cripple all transportation and communication. They intended to kidnap the president and bomb congress. In the meantime it would have taken the US a good 6 days to organize our militias. The terrorists would have either brought down the government or tied us up with sabotage and subterfuge while they sent for French ships and the French army.
The caveat is this. The president can keep the declaration of martial law a secret! He can order martial law in secret, then the military can be organized and sent out to attack and capture the terrorists without ever announcing it to the public. And likely without firing a shot. We planned to declare martial law in secret, organize the military, announce martial law publicly and then take out all the French terrorists when they arrived at their meeting places two days later!
You might think, as the French Terrorists did, that martial law has to be announced publicly. In fact the French were literally betting their lives on it. However, both you and they would have been wrong. And them dead wrong.
Legally the president can do a lot with martial law. For instance he can declare martial law from 11:00 to 11:05 pm tomorrow night in order to allow the army to raid a terrorist outpost during those five minutes. He also only has to tell one person, a US citizen, when he declares martial law. Later he is supposed to notify congress but both George Washington and I never did. When George could not sleep at night he would often declare martial law to Martha. He said it made him sleep a lot better.
I think I declared it maybe three times during my presidency. Once at a party I declared martial law just to impress some foreigners and show them how much power I had. You had to often demonstrate raw power to the Germans just to keep them in line. Then after I had made my point I declared the end of martial law. The problem was that the only American in that group had walked away by then. I woke up two weeks later in a sweat having somehow connected the dots in my sleep and realized in my unconscous state that we were under martial law. I had to get up and go find a US citizen in order to end martial law which had been in effect the whole time.
The point of this exercise is the following. All the removal of American's rights in regards to searches without warrants is not necessary. The constitution and our very way of life is threatened by such actions. All the government needs to do is declare martial law and they can do just about anything they want.
As you can see we actually planned for the likes of al Qaeda over 200 years ago. You just have to know where to look (or who to listen to) for the answers. All the tools the government needs are in the Constitution itself.
Do you want to know what the most amazing thing is? Those horrible murderous Frenchmen that were sent to America changed. A few left and a few more were deported but the vast majority liked America a lot and settled down and become great American citizens.
to the Constitution can be considered caveats as a new one canceling
any of them could have been voted and passed in an hour if need be. On
that same page you will read about the treaties of Europe that worked
at cross purposes. They were in essence several dozen secret caveats.
With the Louisiana Purchase
we eliminated the problem of the fur interests and the War of 1812 ended
the threats of any internal take over by Tories since suddenly they were
very unwelcome in the U.S. When they left the United States, mostly to
Canada, we forgot the caveats.
They are very powerful and are
not to be used except in great emergencies like armed attempts to take over the
government. There are several other ways to deal with the recent Supreme
Court decision besides using the drastic measures the government is now taking. You may only need
a pen knife to cut out the cancerous growth and not an axe which could
decapitate the entire country.
Here is another caveat. The President shall be Commander in Chief of the Army and Navy of the United States. Article II, Section 2, Clause I of the United States Constitution
The word that creates the caveat is 'shall'. 'Shall' was not an imperative in 18th century American English. That means that the President can appoint another person to act as Commander in Chief.
And here is yet another caveat. The Constitution does not apply to non citizens. It states the situation right at the start. 'We the people' that means the citizens of the United States and no one else is a party to the Constitution.
Non citizens do not have 'Constitutional rights' in the U.S.
Technically nothing in the U. S. Constitution applies to anyone except citizens. The Constitution simply does not apply to non-citizens. They do not fall under it's jurisdiction or it's protection.
They simply don't have any rights at all under the Constitution unless someone wants to extend them those rights. But those rights would probably not hold up in a US court of law against a good attorney like I used to be. I wrote it so that it would be easy to knock down on purpose. I did not wish for any foreigner who was raised with ideas contrary to my own to ever be able to beat an American attorney of modest abilities if this ever got taken to court.
The caveat was made like this so that in case of war or an attack by such as the above stated French terrorists who were not U.S. citizens they could be treated any way that we felt like.
*An example of a caveat in
a contract involving taxes would be to include this statement. 'The amount
of tax shall be 2% if the sum is between $100 and $10,000 and 5% if it
is above $10,000. Otherwise no tax is required.' You are thinking that
you don't have to pay a tax if it less than $100. What you perhaps did not notice
is that if it is exactly $10,000 then you don't have to pay any tax either.
Caveats are called 'buyer beware' but I made this one a 'seller beware')
2005, 2019 John Pinil