Constitutions provide the means to solve the civilization we face today:

  • Resource depletion. US Peak Oil was in 1970. Since Peak Oil foreign oil addiction and Federal debt has grown in tandem.
  • Foreign oil-addiction despite calls by eight Presidents to exercise the self-discipline to be energy self-reliant.
  • Perpetual, undeclared oil-wars to feed that foreign oil addiction.
  • Taxation without Representation to buy foreign oil. Debt is the tax on future labor. Federal debt mortgages the future labor of each child for $67,000 without consent.
  • Climate Change.

These defect all have a single cause, government power and transportation monopolies forbidden by the US and most State Constitutions. Enforcing the anti-monopoly clauses in Constitutions provides a means to mitigate these defects.Why do so many American constitutions have anti-monopoly clauses?

The Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war. To preempt wars, Constitutions forbid monopolies.

What are the anti-monopoly clauses?

  • Four State Constitutions (remainder follow the US Constitution):
    • Massachusetts, Article 6: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges."
    • Maryland: Article. 41. "That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered."
    • Georgia: Article I, Bill of Rights, Section VI, Paragraph V: "Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void."
    • Oklahoma: Article II, Bill of Rights, SECTION II-32. "Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State."
  • US Constitution:
    • The US Constitution is an enumerated powers document. Powers not enumerated are not granted. There is no enumerated power to tax and build roads.
    • There is a specific prohibition against Federal taxing to build roads beyond "post Roads" voted into the Constitution 8 states to 3 on Sept 14, 1787:
      • Dr. Franklin proposed in the Constitutional Convention that the Federal government be enumerated power to tax to build highways and canals.
      • Madison recommended it be raised to a power to tax to create corporations to accomplish Federal objectives.
      • Then George Mason reminded delegates of the King's monopolies ("He was afraid of monopolies of every sort").
      • The Convention voted to limit Federal taxing for infrastructure to defending free speech, to building "post Roads" if no other roads existed.
      • In the age of the Internet, free speech is defended by other means than letters.
    • The Preamble, the Federal mission statement, divided sovereignty with one mandate and one prohibition:
      • Mandated is the obligation to "provide" for defense.
        • The Federal government is granted unlimited taxing powers for the limited monopoly of violence (sovereignty) to wage war and prevent paths to war.
      • Restricted is the duty to only "promote the general welfare".
        • The powers enumerated to Congress in Article 1, Section 8 are subordinated to the Preamble.
      • Amendments 9 and 10 restate the Divided Sovereignty of the Preamble:
        • Amendment 9: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
        • Amendment 10: "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."
    • Enumerated powers, Article 1, Sections 8 and 9:
      • "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Limited to suppressing commerce that might build paths to war.
      • "To establish Post Offices and post Roads;". Limited to letters.
      • "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers," Taxing to build roads beyond "post Roads" is not necessary or proper as demonstrated by the Civilization Killers created by Federal infrastructure monopolies.
    • Equity Obligations to the people in each state:
      • "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another"
      • Powerful Congressmen are forbidden from taxing all Americans for pork projects that benefit their districts and friends.
    • There are 21 Presidential vetoes that document the "post Roads" restriction.

Example, President Madison, March 3, 1817:

"Having considered the bill this day presented to me entitled 'An act to set apart and pledge certain funds for internal improvements,' and which sets apart and pledges funds 'for constructing roads and canals, and improving the navigation of water courses' . . . I am constrained by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States to return it with that objection to the House of Representatives. The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers."

    • State ratifying documents confirm Divided Sovereignty with States sovereign over internal improvements.

Example, Massachusetts:

"First, That it be explicitly declared that all Powers not expressly delegated by the aforesaid Constitution are reserved to the several States to be by them exercised.

Fifthly, That Congress erect no Company of Merchants with exclusive advantages of commerce."

    • Federalist Papers underscore the Divided Sovereignty of the Federal Constitution:

Federalist #45:

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

Federalist #46 (Madison):

"The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes."

Federalist #51 (Madison):

"Ambition must be made to counteract ambition."

Federalist#28(Hamilton):

"Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!"[The people have found it necessary to use these two types of governments to wage war on the other in the Revolutionary and Civil Wars.]

 

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