varieties_tyranny

Varieties of Tyranny in the United States

Tyranny is generally defined as official action contrary to law. That gets to the question of "what is the law". That is not always so clear. At the national level that law is the U.S. Constitution, which declares itself to be the "Supreme law of the land", by which it meant the nation as a whole. Each state also has a state constitution, which is the supreme law for that state, with the U.S. Constitution being supreme to all of them. The U.S. Constitution delegates to Congress and other officials only a few limited powers, the main exception being broad power to "define and punish offenses against the law of nations. It does not grant power to define and punish "common law crimes", or to exercise police powers.

State constitutions follow the model of the U.S. Constitution in delegating only limited, specific powers to the state legislature, except that most delegate broad police powers to legislate for the "health, safety, morality, and good order" of its citizens and residents. I have argued elsewhere that such a broad grant of police powers is itself unconstitutional, if the U.S. and state constitutions are properly understood.

Constitutions and other laws are subject to interpretation, both by judges in court cases, and by legislative and executive officials. Lawyers tend to follow such interpretations, though they are often wrong, because it is too expensive and uncertain to try to overturn them. It important for laypersons to keep in mind that such interpretations are only opinions, and as such not law, but evidence of the law, as though such interpreter were acting as as witness rather than as a judge or other official playing a judicial role. Keep that in mind if you are ever empaneled on a trial jury and told by the judge to "follow the law as I give it to you." That will not be the law, but his opinion of the law. (You could ask for certified copies if the actual law, but that might only get you thrown off the jury.)

Federal income tax on compensation for labor

We have a subsite on this elsewhere. Suffice here to say there is no constitutional law that requires anyone to file a return or pay. That is a hoax that too many believe without question.

Federal criminal statutes based on individual actions having an effect on interstate commerce

This is the area of most common tyranny. We have discussed it elsewhere. The original Constitution only provided against conflicts between state and federal regulation, and asserted that in the event on conflict, the federal would prevail. This is essentially a restatement of the Supremacy Clause. It is not about conflicts with individual actions. Such statutes are all based on a single Supreme Court case, Wickard v. Filburn, not on the Constitution. Many common law crimes are improperly prosecuted this way.

Here are two examples of how it can go wrong:

Treating administrative regulations as laws governing private conduct

Administrative regulations are only supposed to govern government employees and contractors. More on this elsewhere.

Making paper money legal tender within states

Only the states can make anything legal tender within the state, and only gold or silver coin. This was the result of the wrongly decided Legal Tender Cases. See elsewhere.

Taking control of the banking system, and letting banks create legal tender

See elsewhere.

Thwarting the use of Ninth Amendment rights

See Here.

Asset forfeiture

This can be criminal or civil. See elsewhere.

Failure to properly utilize Law of Nations Clause

See elsewhere.

Seizure of public domain authority from the states

Originally it had to get consent of the state legislature.

Treating stare decisis as binding

There is no provision of the U.S. Constitution that requires it. See here.