The Constitution Explained

This is the start of a series of articles that examine and explain the Constitution to help people understand what it is and why it is so important.

If you haven’t already read it, click here to download it.

Before we discuss the Constitution, we should first understand what the Constitution is based on.

When our Founding Fathers started meeting to discuss writing a Constitution for Australia they were guided by a set of principles and laws known as Common Law.

As we learn about the Constitution you will see these principles and laws clearly defined as the basis for our Supreme Law of the land.

Natural Law is the Basis of Common Law

The root of Common Law lies in the Anglo-Saxon tribal traditions of Europe and their village-based system of justice and government.

In this tradition, authority arose from the will of the people, and not a ruler. Liberty was understood to dwell inherently (naturally) within every man and woman born.

Rights are not granted by one person to another. We are born with natural rights from the beginning. All people, therefore, have the inborn capacity to govern themselves, to know right from wrong, to act justly, and to judge for themselves all things, including the conduct of others.

In short, Common Law is defined as the Golden Rule: Do unto others as you would have them do unto you.

However, the Catholic Church created an opposite and very different concept: Government and imposition of authority by conquest, war, and enslavement. It is often called the Imperial System, and it is designed to dominate and dictating what we may or may not do. This is the system the political parties have imposed on us today in Australia.

There has always been a permanent war between the Imperial System and Common Law.

Natural Liberty and Common Law are defined as: (from the book “Establishing the Reign of Natural Liberty – A Common Law Training Manual”, issued by the International Common Law Court of Justice)

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  1. Every man, woman and child is born and is by nature free, equal and sovereign, and possesses an inherent knowledge of what is true and right. Accordingly, no-one can be subordinated to another or to any external authority, since every person’s inherent wisdom and liberty makes them complete and sufficient creations in themselves, within a wider community of equals.
  2. This personal sovereignty is a reflection of the wider Natural Law, whereby all life by nature is indivisible and placed in common for the survival and happiness of all. In any just society, this commonality endows all people with the unalienable (cannot be changed) right to establish among themselves their own governance, and defend themselves against any tyranny or violence, including that inflicted by external authorities. Any authority that rules unjustly and arbitrarily, without the free and uncoerced consent of the people, has lost its right to rule and can be lawfully overthrown – Unjust government is not government but tyranny: Plato. This is the basis of Article 61 of the Magna Carta demanding that we Lawfully Rebel when the government has become a tyranny.
  3. This Natural Law gives rise to customary Common Law whose purpose is to protect the inherent liberties and sovereignty of men and women in a community by maintaining equity and peace among them. The Common Law derives its authority from the people themselves, and from the capacity of the people to know what is just and to judge right and wrong for themselves. This capacity is expressed in a jury system of twelve freely chosen people who are the ultimate judge and authority in Common Law courts.
  4. Historically, Common Law and its early expression in the Magna Carta of 1215 arose in England after the 11th Century Norman Conquest as a bulwark of defense of the people against the arbitrary rule of self-appointed elites like monarchs and popes. The authority of these elites was derived unnaturally from warfare, conquest and the theft of the earth, rather than from the consent of the community and its basis, the divine law of peace and equality. This elite rule arose most strongly in the Roman Empire and its descendant, the Church of Rome, according to whose beliefs God is a dominator and conqueror (domine), and all people are subjects of the Pope.
  5. Such a conquest-based rule of papal and kingly elites gave rise to a legal system known as Civil or Roman Law, and the belief that men and women are not endowed with the capacity for self-rule and wisdom. All law and authority is therefore derived externally from statutes devised and imposed by a ruler, whether a pope, a monarch, or a government. This system developed from Aristotelian philosophy and Roman property law, in which creation is divided and human beings are treated as chattels and the possessions of others, and are thereby devoid of inherent liberties. The people are thus in every sense enslaved, cut off from the world given freely and in common to all. This slave system ranks and categorizes all people, and grants restricted “freedoms” (friethoms or slave privileges) that are defined and limited through statues issued by rulers – a good example of this is the current system of legislated laws by the dictatorial governments operating in Australia that are designed to punish us unjustly.
  6. Common and Civil (Roman) Law are therefore fundamentally opposed and are at war with each other. They cannot be reconciled, since they arise from two completely different notions of humanity and justice: Common Law knows life as a free gift given equally to all, while under Civil Law, life is a conditional privilege, and humanity is a managed slave populace. Accordingly, governments operate in practice according to Civil (statute) law and denigrate or ignore Common Law altogether through the rule of unaccountable judge-dominated courts. This is why magistrates and judges will tell us that the Constitution does not apply in their courts.
  7. The most extreme form of elite-based Civil/Roman Law is what is called Papal or Canon Law, which defines the Church of Rome as the only legitimate authority on earth to which all other laws, people and governments are subordinate. Canon law is self-governing and completely unaccountable to anything but itself. Behind its front of Christian rhetoric, Roman Catholicism is a neo-pagan system known as Sol Invictus (from the sun worshiping early religions), in which one sovereign entitle God and Master (Deus et Dominus) rules heaven and earth; formally the Emperor and now the Pope. This tyrannical cult has not surprisingly been the cause of more warfare, genocide, conquest and murder than any other power in human history, and continues to constitute the single greatest threat to Common Law and human liberty.
  8. The Church of Rome was the first and is the oldest corporation on our planet: a legal entity designed for the protection of tyrants, which nullifies the individual liability and responsibility of the elites for any crime or conquest they perpetrate. From Rome and the Vatican Incorporated has spread the contagion that now threatens to destroy our planet and our lives, as unaccountable corporate oligarchy everywhere subverts liberty and the health of our planet by subordinating all of life to profit and power.
  9. At this very moment of corporate conquest and its subjugation of humanity, a counter-movement is arising to reassert the divine purpose and its operation through the Common Law, and to restore the earth and humanity to their natural being as a common body. This movement is foretold biblically and in prophecy as the time when all people are returned to their natural equality, devoid of all division, privileges and oppression, in order to live in harmony with creation and one another.
  10. This restoration of humanity to its natural condition of freedom and equality is a divine purpose. It begins by dis-establishing all existing authority and institutions derived from Roman civil law, and replacing them with a new governance under Common law jurisdiction. The creation of that new Natural Law authority among a liberated humanity is the fundamental purpose of the Common Law Courts.

This is the basis of the work that CIRNOW and Advance Australia are doing today. We are standing on the shoulders of the many giants of the past who have laid the foundations for our Common Law.

As John Adams, one of the original Founding Fathers of the Unites States Constitution stated in 1798:

“The way to secure liberty is to place it in the peoples’ hands, that is, to give them the power at all times to defend it in the legislature and in the courts of justice.”

The First Step in the Advance Australia Plan is to put the power into the hands of the people through Citizens Initiated Referendums (CIR).

What is a Constitution, and why is it important?

A constitution sets a basic framework for forming a government and creating laws for the good order of society.

The Commonwealth of Australia Constitution Act 1900 is the result of many years discussion, and finally, agreement between the original British colonies to unite as six states under a Federal government and Parliament. The draft of this Constitution was sent to the United Kingdom for HM Queen Victoria to sign into law.

Finally, it returned to Australia in time for the turn of the Century and Australia became a Federated nation on January 1, 1901. This is why we sometimes refer to the Constitution by the years 1900 or 1901. But they are one and the same.

The only official mentioned in the Constitution is the Governor-General, who must be appointed by the reigning Monarch of the United Kingdom. It doesn’t mention allowing a Prime Minister to rule the country as head of a political party with its own separate constitution that does not include the People of the Commonwealth of Australia.

The important sections in the Commonwealth of Australia Constitution Act 1901 are:

Section 106, State Constitutions are subordinate to the Commonwealth of Australia Constitution Act 1901.

Section 107, State Parliaments under their Constitutions can still make laws as long as they are not exclusive to the Commonwealth Parliament example, Print Money, have Armed Forces etc.

Section 108, Colony’s on becoming States, their Laws within the Power of the Parliament of the Commonwealth subject to this Constitution can still be changed by the State Parliaments.

Section 109, which states… When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

This means that before a State can pass any law or legislation it must ensure that it is consistent with the Federal Constitution. If a State wants to pass a law that is inconsistent with the Federal Constitution it is invalid and it cannot be passed into law.

Therefore, the State Acts that created the third tier of government they call Local Government, are invalid and unlawful.

Underpinning our Constitution is English Common Law – it is the highest law in the land. English Common Law is based on the body of laws passed in the United Kingdom over many centuries, as well as the Magna Carta, the English Bill of Rights 1689, the King James Bible and Habeas Corpus that guarantee each member of the Commonwealth of Australia certain inalienable (cannot be changed) rights and freedoms. Among these are the right to freedom of speech, freedom of movement, the right to own our own land under Fee Simple title to do with as we wish, and the right to be innocent until proved guilty before a court and a jury of 12 of our peers.

Unfortunately, since Gough Whitlam took the Crown out of our Constitution in 1973 the political parties have ignored our Constitution, and created their own corporate constitution that denies the people any rights by deleting the Preamble and the first 6 Clauses. The political parties now govern according to Admiralty law or whatever suits them at the time. Simply put, Admiralty law states that you are guilty until you can prove your innocence.

The Preamble of our Commonwealth of Australia Constitution Act establishes We, the People as the supreme Authority and government of Australia. It does not say anything about political parties having any power to make laws and dictate how we should live our lives according to their rules.

This is what the Preamble states:

WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established :

The words, humbly relying on the blessing of Almighty God establish the spiritual basis of the Constitution. This does not mean that Australia is exclusively a Christian nation. It merely acknowledges that Man is more than a corporeal body. We have a spiritual side as well that includes all religions, and our laws are and must be created on that basis.

In fact, throughout English history there has been a struggle to separate Church and State. When we look at countries like Saudia Arabia and Iran it is clear why separating church and state is preferable.

The preamble also states that it is created in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland. As a result, the highest law of the land cannot be dissolved. The only way we can amend the Constitution is enshrined in Section 128 of the Constitution that gives only we, the People the right amend our Constitution. For any political party to change it without a referendum is HIGH TREASON!

Yet, in recent years we have seen these political party governments attempt to change the Constitution using a plebiscite (a non-binding vote) to change the definition of marriage, and even a poll to give homosexuals the right to get married. The results of these votes have no lawful or legal power to amend the Constitution. Therefore, all those homosexuals who have married since then have no legal standing under the law. The original definition of marriage still stands today; a lifetime union between a man and a woman only.

In addition, the Crown of the United Kingdom is the highest authority giving power to our laws. The Crown is not a person. It is a spiritual and lawful authority. No political party or politician can usurp that authority without committing HIGH TREASON!

It doesn’t matter if we like the Royals or not. The Queen is just the figurehead. It is the Crown and the Shield in the Coat of Arms that give the power to the laws created under them.

A Brief History

As Australia grew from a penal colony to a rich nation thanks to wool, wheat, and the discovery of rich gold deposits, many people wanted our country to become self-governing.

After years of meetings and debate the Commonwealth of Australia Constitution Act was finally approved in a series of referendums held over 1898–1900 by the people of the Australian colonies. It was then sent to the United Kingdom for approval by HM Queen Victoria, who signed it into law as the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom.

A year later the Australian people adopted this Constitution, naming it the Commonwealth of Australia Act 1901, which came into power on January 1, 1901.

The Preamble and first eight Clauses of the Constitution are, and remain, an Act of the Parliament of the United Kingdom. They cannot be changed, except by an Act of the British Parliament after a referendum of all members of the Commonwealth.

It wasn’t easy to achieve Federation.

Western Australia, for example, almost didn’t join the Federation.

At one stage New Zealand was also considering joining the Federation. But eventually, the six British colonies agreed to form a united Federation, while New Zealand went its own way to become a separate nation.

Until Federation, each colony had its own government with its own laws and constitution. These colonies became the States after Federation. By agreement, they retained their State Constitutions and State Laws. However, it was agreed that each State constitution and law must always agree with the Federal Constitution.

The Federal Constitution – defines what the Federal Government can and cannot do

Put simply, the Constitution is divided as follows:-

  1. Chapter I.-The Parliament :
    1. Part I.–General:
    2. Part II.-The Senate :
    3. Part III.-The House of Representatives :
    4. Part IV.-Both Houses of the Parliament :
    5. Part V.-Powers of the Parliament :
  2. Chapter II.-The Executive Government :
  3. Chapter III.- The Judicature (courts) :
  4. Chapter IV.-Finance and Trade :
  5. Chapter V.-The States ;
  6. Chapter VI.-New States:
  7. Chapter VII.—Miscellaneous :
  8. Chapter VIII.-Alteration of the Constitution.
  9. The Schedule.

The following explains briefly the rules for setting up a Federal government

Chapter 1 – The Parliament

Section 1 begins by defining how the Parliament is organized. “The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is herein-after called “The Parliament” or “The Parliament of the Commonwealth.”

If we look at the Parliament today, we do not see this.

Instead, we have a fake Queen of Australia who has no vested power. In other words, ever since 1973, when Whitlam took the Queen out of the Constitution, the political parties have created their own “Queen” – a name on a piece of paper, an abstract with no corporeal body and no power vested in the People of the Commonwealth of Australia.

We still have a Senate and a House of Representatives, but without the authority of the Crown they are not the Parliament of the People of the Commonwealth of Australia.

In fact, they don’t even pretend to be. Instead, they call themselves “The Australian Government”, or “THE COMMONWEALTH OF AUSTRALIA”. Using all capitals like this is known as pig Latin. It is not English and therefore it does not represent We, the People of the Commonwealth of Australia.

We see clearly by the many decisions they have made over the last 50 years that these political party governments have harmed the nation and the people.

Whitlam signed the Lima Agreement on 27 March 1975 (click the date to learn who signed it) which started the destruction of our manufacturing and agricultural sectors. The political party governments increased taxes on all manufactured goods, forcing manufacturers to flee the country to cheaper Asian countries. As we lost our manufacturing, thousands of Australians lost their jobs as a result.

The same thing has happened to our agricultural sector. Fifty years ago we had about 400,000 farms. Today, Australia has less than 40,000 farms left. We have been forced to import much of the food and other goods that we used to produce ourselves from countries like China.

Since then, successive political party Prime Ministers have signed other United Nations agreements like the Barcelona Declaration, and Agenda 21 / Agenda 2030. These agreements are all aimed at destroying the fabric of our society so that the United Nations and the International Banking Cartel can impose a Communist-style rule on us instead.  They have nearly succeeded.

We only have to look at nations like Argentina, China, Cambodia, the Soviet Union, and South Africa to see how successful Communism has been….NOT!

English Common Law states that a government may not harm the people. When it fails to protect the people Article 61 of the Magna Carta gives us the right and a duty to Lawfully Rebel.

The next section in Chapter 1 of the Constitution is:

Chapter 1, Section 2 which states, “A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.”

The Constitution also states that the Governor-General must be paid in pounds (£) out of Consolidated Revenue. That is clearly impossible, as the political party government got rid of our Pounds Sterling currency and substituted American dollars ($) in 1966 instead.

HM Queen Elizabeth II of the United Kingdom has not appointed a Governor-General since 1973. All Governor-Generals since then have been appointed by the political party corporate governments. These “governor generals” answer only to the political party governments, not to the Queen. They have no lawful authority. In fact, all they do is rubber stamp whatever the political parties tell them to.

Therefore, we have not had a legitimate, lawful government since 1973. None of the Acts, Laws, and Legislation passed by the political party governments have any authority, and we are not bound to obey them.

Of course, that is easier said than done. While the political parties continue to control the police and ADF they hold the power to force us to obey. They have the guns. In fact, it is getting harder these days to tell the difference between the police and ADF, as this picture attests.

But if enough Australians unite and decide to act as one to arrest the political party criminals and traitors, we can put a stop the crimes, theft, and TREASON we have been subjected to for so long.

The good news is that Advance Australia has already started educating Aussies how to convene a Grand Jury and set up Common Law Courts. In time, we will convene these and start taking our nation back to the rule of Common Law.

In the next article in this series we will learn how the Senate and House of Representatives work.

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