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Larry Becraft Jr, an attorney who has fought the IRS, wrote in the 1990s on his website debunking these sovereign citizen theories- http://home.hiwaay.net/~becraft/deadissues.htm While I agree that these theories are ineffective and sometimes false, in a general sense they are true. According to the US Code, the United States organic law is comprised of the Declaration of Independence(1776), the Articles of Confederation (1777), the Northwest Ordinance (1787) and the Constitution (1787). While mainstream academia says these have no legal or constitutional force, I'd disagree. In France, the organic law does have constitutional force and thus overrules statutes. In essence, the United States is based on the natural rights acknowledge in the Declaration that says we have the "right to life, liberty and the pursuit of happiness". And any government whether, local, or state or national that diminishes these natural rights, we have a duty to alter or abolish them. This is the Right of Revolution, although the establishment would say this is now invalid since we have democratic methods to change the government. Regardless, American rights pre-existed the Constitution, the government and the Declaration. Our rights are derived by the nature of our humanity and a natural "God" in the context of Deism, not religion. And there are endless moderate abuses of the state; wholesale denials of civil rights, aggressive and unjust actions by judges, prosecutors and police. It's akin to Chinese water torture, a mild form of oppression that has a cumulative effect resulting in gangs, distrust between the public and the police and endless crimes. |
To be clear, you are stating that "mainstream academia" purports to hold that the "Constitution for the United States of America" does not have constitutional force? I find that more than a little hard to fathom.
(By the way, you do note that the Articles of Confederation were superseded by the Constitution through the acts of the state legislatures at the time and subsequent resolution of the Continental Congress, yes?)