This is only the tiniest part of the injustice that’s going on in our American judicial system now, with the unconstitutional federal administrative agencies leading the way (that’s what happens when the constitutional shark is jumped and those unconstitutional agencies are created by Congress and the executive, and illegally rubber-stamped by the judicial branch, and empowered), especially the “justice” department, and its gestapo shock troops, the FBI.
The FBI has no constitutional basis for existing AT ALL in the Republic since the 18th amendment (Prohibition), which authorized it in its enabling language, was long ago repealed by the 21st amendment.
The federal government was never supposed to be in the business of systematically investigating citizens for anything, and there are only a handful of crimes which the federal government is actually permitted to prosecute under article I § 8 of the constitution, together with the few crimes specifically authorized by the enabling language in the 13th, 14th, 15th and 19th amendments. Those are the only criminal statute permitted in the republic.
That’s why there was no “justice” department until 1870 when it was created to subjugate the defeated South, treating it like a defeated enemy, not as a part of the country at all.
And that is how they have been treating the entire country ever since, treating us like an enemy to be constantly investigated by the federal government and its bureaucrats, lives ruined by those investigations, the very process of the investigation becoming the punishment, preying on us at the whim of politicians and bureaucrats, with the endless, unconstitutional administrative agencies inventing new “crimes” for them to use to criminalize harmless actions by citizens, actions which would be prosecuted by the states IF THEY WERE ACTUALLY CRIMINAL, and result in lawsuits against the perpetrators by actual victims if there were any such people, any such actual victims of those actions.
And no, the federal government does not have any inherent powers to do anything, let alone criminalize whatever it wants, as our federal courts have been pretending it has, since the 9th and 10th amendments specifically PRECLUDE any such inherent powers. Yes, the federal government only has those powers vis-à-vis the citizens specifically granted it in the words of the constitution – and nothing else.
And the few crimes authorized in article I § 8 (counterfeiting and piracy, but only on the high seas) happen to be COMMERCIAL CRIMES, so it’s clear that the Interstate commerce clause (which the courts have been fraudulently relying on since the late 1930s EXCLUSIVELY to authorize the existence of EVERY SINGLE ONE of those federal alphabet (and others, including entire departments of the executive branch) agencies, NONE of which are actually constitutional – other than the IRS, which is permitted by the 16th amendment, although with vastly less power than it has been given by Congress and has been exercising) authorizes no additional criminal prosecutions of any kind.
In response to: Un-American at its core: More insights into the current U.S. system of justice
Clifford Ribner is a Tax Lawyer, Litigator, and Trial Lawyer based in Tulsa, Oklahoma and he is the author of Freedom’s Last Stand – A Common Sense Guide to Understanding the Tyranny of Collectivist Ideology and How We The People Can Recover Our Stolen Constitutional Rights.