THE FLOOR
THE AMERICAN WAY
as it is, has been and as it should be understood
The Constitution of The United States is presented here for two reasons. First, as more and more Americans stand on the floor called our Constitution, a non-partisan educational refresher may reinforce the floor by reaffirming The American Way for Americans. Second, while refreshing our understanding of our Constitution, patriotism begs my activism and calls for reinvigorating the document by accepting a change so that The Preamble has legal force and effect as The Policy under girding the document. Every word of The Constitution has ben parsed into practical absurdity because The Policy is missing, and by including the 52 words we may for a good healthy period refresh ourselves back to The American Way.
The Floor as referred to here is the bundle of planks or rights the Constitution requires our government, the Federal Government, to preserve, protect and defend, as well as enforce, guarantee and pass-off more perfect to our posterity. The Policy is The Preamble.
To be sure, while American laws should aim to break the ceiling, they should not fall below The Floor, either directly or through the actions of the several states. In our name we are have been falling below The Floor. For example, The Great Writ (Habeas Corpus) has become other than absolute by presidents both Republican (Bush) and Democratic (Obama). Such politicking outside the amendment process is treason and should be dealt with swiftly and absolutely. Given the complicity waxed into the system for more than 200 years, the time has come for We The People to shore-up and clean The Floor for ourselves and our posterity by becoming more constitutionally aware and practiced, while also nailing those planks, those rights more securely to The Floor, The Floor we shall not go below as we build toward A More Perfect Union.
Please use this educational toolbox to help better understand the rights well fought for over the centuries, and if you agree, utilize these rights to wax on The Preamble into the system as The Policy under girding The Floor called The American Way.
By Anonymous 2012
THE CONSTITUTION
OF THE UNITED STATES OF AMERICA
We the people, in order to form a more perfect union have certain unalienable rights referred to here as The Floor. The Floor plus The Policy discussed here is much of The American Way.
I love America and love the American Way. I want to help shore-up the loosening floorboards and make more perfect The American Way. Look for the creaking one and shore them up by waxing The Floor planks, the rights established for ourselves and our posterity.
The Constitution of the United States and The Bill of Rights are The Floor. In discussing The Floor here I will in large measure bypass the judiciary because that creaky floorboard can be nailed down by Congressional laws executed by The Executive Branch. The judiciary is punching holes in The Floor with absurdities. The Preamble is the subfloor, The Policy that under girds The Floor. A Constitutional repair crew is needed to fix the hole in The Floor by declaring the legal force and effect of The Preamble. This will shore-up planks, the rights that make up The Floor by recognizing The Policy that make the planks The Floor.
Subfloors hold up floors, policies hold up laws. Constitutional Policy, The Preamble, has always been there, but is never recognized.
THE PREAMBLE
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
If this were the recognized under girding Constitutional Policy, all laws would have to comport and the judiciary would necessarily be guided toward Justice, domestic Tranquility, a common defence and general Welfare. Only by guiding laws toward The Policy, the under girding frame, will The Floor be supported with a framed subfloor that renders confident all who tread upon it, all being Ourselves and Our Posterity.
THE POLICY
Americans have the right to JUSTICE, blind, objective and equal justice under the law. The United States government, Our Government has the obligation to define by Constitutional and Common law that which constitutes justice. Any plank that is uneven or subjective is not justice secured, and thus not justice guaranteed.
America must contract for DOMESTIC TRANQUILITY. When it is not tranquil, The Floor must be nailed down until the creaks are gone and we who tread upon it do so quietly. Currently those known as the 99% are treading and The Floor is creaking and squeaking waking up the whole house. If the bend of functional society is toward the rich, as it usually and now is, Our Government’s job is to Constitutionally shore-up The Floor. The in-tranquility should be corrected.
America’s COMMON DEFENCE must mean that which is common and can be defended. Illegal immigration is an in-tranquil example of the failure on the part of Our Government to defend our legal commonality. 9/11 was a most gross example of failure to defend our land. The common defence, however, is not merely military. It extends to our people, our homes, papers and effect. It extends to our lands, air and water. These things must be defended for ourselves and our posterity.
Our Government is the guarantor of our common agreement. That guarantee must be fashioned to SECURE THE BLESSINGS OF LIBERTY. Those blessings of liberty are an amalgamation of the best practices that secure us the most liberty. Having been through greatness and depression, The American Way is to aim to greatness, to the ceiling. Without The Policy recognized, this phrase is hollow and unsupported.
ARTICLE ONE
Article One provides the CONGRESSIONAL BRANCH planks in The Floor. To wit:
American legislation comes from a properly elected congress. Americans have a right not just to a congress, but to a congress ALWAYS upholding The Preamble. America has a right to properly elected congress, so that any laws that punch holes in the right to full and fair, i.e. just elections, is not part of The American Way and is a creak in the The Floor. Creaky loose planks must be shored up immediately if America is to secure and preserve The American Way. Any member of Congress causing creaks in The Floor is a member upon who all available sanctions must be leveled swiftly and decisively without concern for the politics domestic or international. Honest disagreements aside, dishonesty deserves swift and absolute justice from ourselves for our posterity. Compensation, privileges, bills and other procedural articles and clauses in The Constitution are similarly answerable to the swift and decisive action necessitated by any aberration in the policies of The Preamble.
Congress’ ENUMERATED POWERS are substantive planks in the floor, but too often are not wielded in accordance with The Policy and should thus be subject to the swift and absolute corrections already discussed. These powers include:
Proper taxation necessary to keep ongoing The American Way. Congress may utilize credit, regulate commerce, define immigration, define bankruptcy, coin money, punish counterfeiting, establish a post office and post roads, promote science and useful arts through what is known as Copyright and Patent protection, establish and maintain courts, define our criminal laws, raise and properly maintain a paid Army and Navy as well as the ability to call-up a Militia under American Law, which includes making all Laws “necessary and proper” to carry into Execution these powers.
The People in their several States shall have the right to reject certain encroachments by Congress, but may not go below or punch holes in The Floor.
Habeas Corpus shall not be suspended, except during war, and while the Constitution includes rebellion and invasion of the public safety, such invasion or rebellion must be Congressionally declared.
There shall be no conviction without a trial, there shall be no retroactive law.
The limits of taxation and monetary policy shall be Constitutional, thus just and equitable. Congress must report to We The People ALL of its, our fiscal dealings. The age of information is wrongly becoming the age of privilege and privileged information.
While the limitations on title seem antiquated, it appears that Sun Myung Moon was crowned King in a US Senate Building.
The rights not claimed by Our Government are reserved by our government in the several states.
The rights retained by the states must be Constitutional and as argued here moving toward The Policy.
ARTICLE TWO
Article Two provides EXECUTIVE BRANCH planks for The Floor. To wit:
The Executive Branch has both rights and limits, which on whole provide no planks in The Floor. The branch of execution must follow The Policy and The Oath of office, which must not only be followed, but understood. The Oath is to preserve, protect and defend The Constitution, not the people, not the party, not the politics. The Policy must be upheld as it is The Constitution.
Executive rights include assuming the role of Commander in Chief – which is by definition civilian and not military, even if POTUS was a military person. POTUS gets to solicit opinions and grant pardons and reprieves.
Executive limits include the requirement to utilize the senate for advice and consent for treaties and hiring (ambassadors, judges and others). The latter includes recess appointments during times the Senate is out-of-session.
The President must report. Let us remember, we are Our Government, we pay for Our Government and Our Government fails to exist outside proper elections. POTUS must provide what has become the State of the Union, a report to both houses of congress.
POTUS is also our Ambassador of many things. This is where the presidential personality counts a lot. POTUS decides both what is addressed and what is done in our name.
The Attorney General and The Justice Department have become the law enforcement arm of our collective government. This Department must, must, must act to uphold The Policy when it is being illegally transgressed. The Executive, in large measure through this Department is the guarantor of the rights in The Floor. Like all illegality, POTUS can be removed from office without an election if convicted of treason, bribery, high crimes and misdemeanors.
ARTICLE THREE
Article Three creates the courts. As previously discussed the courts’ independence is limited by the powers of appointment, the powers to make and enforce laws and can be directed by wielding these powers. It will therefore not be discussed here. However, it is worth noting that the job of the judiciary is to give life to The Constitution, which should include giving life to The Policy. To interpret the cases and controversies in a way that is blind qua equal insures domestic tranquility, allows for the common defense, secures for we the people the blessing of liberty and guide us toward a more perfect union despite politics. The equal administration of justice is so fundamental to The Floor that any transgression should be met with swift and absolute replacement of the transgressor.
ARTICLE FOUR
Article Four details the fundamental uprising of America. All rights began with the states, but the agreement to establish Our (Federal) Government removed some of those rights to Our Government. Holes cannot be punched in The Floor by any of the several states and in fact the states must under gird The Floor, The Policy and The American Way in support of Our Government. The Constitution is a living document because it changes in both amended text and modern interpretation. While the former may change any part of the agreement through ratification, the latter or the interpretation cannot fall below The Floor, as noted by the 14th Amendment. Some of rights the states retain are mutually exclusive, but where they meet The Constitution they must be on the floor, not under.
THE AMENDMENTS
The Amendments began with the adoption of 10 Amendments knowns as THE BILL OF RIGHTS. The Bill of Rights is commonly understood to be The American Way, but given the vast power of the main text of The Constitution, The Policy and The Floor begin with planks in the Articles add on through these amendments.
The Bill of Rights is often tempered by absolutes such as the congress shall make no laws. The decimation of these absolute rights is rank. No law ceased being no law, even though the text of absolutism is clear. How the Courts can fail to recognize The Policy while they decimate the absolutism written in is confounding. While many precedential court decisions may singularly make sense and may make sense as a progression, the distance between no laws and laws that work against The Policy is like America, far and wide from sea to shining sea.
THE FIRST AMENDMENT is problematic for much of the world, but it makes us great.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Americans may be religious or not and our government can do nothing about that and can do nothing to support or deter that. There is a trend that religious institutions are under no laws due to this absolutism, but 501 (c)(3) status, for example, is a law that helps religion by exempting it from The Policy, The Floor and The American Way. It should be noted that while many consider religious law to govern either over and above The Floor or outside The Floor, once equally distributed any religion must be afforded the same outsider status.
Americans may speak freely either in word or in press. This absolutism has been severely tempered and now we as Americans can no longer say that stick and stones may break out bones, but names will never hurt us. This is a double-edged sword that calls to a reinvigorated absolutism.
Americans may peaceably assemble for any reason, including petitioning our government to uphold The Floor and The Policy.
THE SECOND AMENDMENT is domestically controversial due to the disparity in lifestyles between urban and rural Americans.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Many arguments have been made on both sides, but at its foundation is the need to defend against our government and the governments of the several states, because when the government comes these days they come with guns. Even our police have been militarized in recent years. This too is absolute as it cannot be infringed.
THE THIRD AMENDMENT is out of use, but is also absolute.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law
THE FORTH AMENDMENT is not controversial, except that it has taken a beating over the years and is being circumvented regularly by both our government and the governments of the several states thus falling below The Floor in practice.
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.
Any controversy associated with this is the movement to retitle these rights as the right to privacy. I note both the absoluteness of this amendment and that it covers our person, home, paper and effects. The reasonableness standard guides here, but when viewed in light of The Policy and with the need for probable cause, everything is covered except our thoughts and our dreams, which is at least protected by The Preamble.
THE FITH AMENDMENT is in quite a battle for its life, as noted earlier. Politicians have begun an assault on these rights ostensibly for the protection of We The People thereby forgetting that the oath is to the Constitution and not we.
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.
This popular amendment is not absolute. By executive order from both sides this has been suspended for American citizens. While one may still refuse self-indictment, may not be tried again and must get a quick and fair trial, all in need of creek proofing, We must consider the array of civil-military joinings. Stuck further in here is the idea that the government can or cannot take personal property for the good of our collective whole. This is why swift and absolute justice must be rendered on those not adhering to the Oath, The Policy, The Floor and The American Way.
THE SIXTH AMENDMENT much like the Fifth is under attack. The sixth is a great example of how we must learn to use the amendments to protect The Floor. Public trials by jury advocated by professional attorneys who insist on confronting accusers take time and resources that can be used to overwhelm the system and stop further encroachment.
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.
THE SEVENTH AMENDMENT seems innocuous, but has been bastardized by the courts to overturn the will of the people.
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.
The hue and cry for tort reform seeks to undermine this private attorney driven system that forces adherence to The Floor. Likewise, judges regularly and without conscience overturn juries’ findings of fact and replace it with their own. In trials the judges are in charge of the law, the jury of my peers in charge of the facts. This is an absolute amendment chipped away at by a paternal judiciary.
THE EIGTH AMENDMENT has been at sprayed by the stain of societal whim, which improperly tosses it on the heap of political naiveté.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Capital punishment is one of many and the main controversy here. If the state is to kill someone it does so to satisfy its own, our own will rather than The Oath. Nothing is more cruel than death, although some things seem to come awfully close.
THE NINTH AMENDMENT seems to be in need of reinvigorating its practical application.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
.
Can the ninth Amendment be used to uphold The Policy?
THE TENTH AMENDMENT preserves for the several states that which was not transferred by agreement to Our Government.
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.
THE REMAINING AMENDMENTS tend to enhance and make larger The Floor by shoring up a variety of rights. These amendments will not be discussed at length, but instead described as follows:
There can be no slavery (13th); the States must adhere to the Floor and American Citizenship has requirements, the most intriguing of which is being born on American soil confers automatic citizenship and governments must treat equally (14th); voting is a right despite race, color (15th) or gender (19th), once the age of 18 is reached (26th), including in the District of Columbia (23rd) and voting shall not require payment (24th); and POTUS only gets two terms (22nd).
There is much more that can be said, read and argued from a variety of viewpoints concerning the social contract we wrote down and called The United States Constitution, but there must be action taken to reclaim The Floor, The Policy and The Rights that we have all agreed our government, the Federal Government exists to protect, defend and guarantee.
Make known in whatever circles you travel that The Preamble must be given force and effect in law, that swift and absolute justice must be reckoned on those holding government power, which is the people’s power, who transgress The Oath. The Policy and The Floor. The American Way must be redefined from the text of our contract if America and The American Way is to be loved for the right reasons, even if it will also be hated for those same reasons.
I pledge allegiance
To the flag
Of the United States of America,
And to the republic
For which it stands,
One nation,
Indivisible,
With liberty and justice for all.