The Constitution is a contract between its creators – we the people, the sovereigns – and the several states to form a “United” union of “States”. The union – the United States – under this Constitution would be granted eighteen specific delegated powers by its creators to secure certain unalienable Rights, among which are Life, Liberty, Property and the pursuit of Happiness.
To ensure that the created – the United States and those who would occupy its offices of authority – would not exceed their authority a Bill of Rights was incorporated into the Constitution. This Bill of Rights, with its second amendment provision – A well regulated Militia, being necessary to the security of a free State … – guarantees the people its own “protections mechanism” to prevent tyrannical “police state” actions from occurring by the United States and those who would occupy its offices of authority.
The drafters of the Constitution, being learned men, understood that “there is nothing new under the sun”; that is, the nature of man and his behaviors had all been revealed and thus the founders drafted the Constitution and the Bill of Rights to protect righteous moral men from unrighteous immoral tyrannical men.
The Constitution is a fixed legal contract not open or subject to judicial reinterpretation. Like any contract, the Constitution can be modified in writing by the Amendment process described therein. Thus the U.S. Constitution is NOT a "Living Constitution", but rather a fixed legal contract, which is amendable per the rules described therein. It can only be changed and modified through the Amendment process and not by some judicial ruling, legislative action or executive order.
As John Adams stated: “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Thomas Jefferson feared that an unchecked judiciary would, over time, transfer power from the people and the states towards the federal government and stated: “the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body (for impeachment is scarcely a scarecrow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall be usurped from the states, and the government of all be consolidated into one. To this I am opposed, because when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.”
In conclusion, the Constitution is a legal enforceable contract by her citizens under all circumstances including when in service as jurors, when petitioning the Government for redress of grievances, which includes withholding payment of taxes and lastly to call forth the militia of one or more states to exact justice on unjust tyrannical leaders, judiciary and their coconspirators.
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