The moment they do so they are TRAITORS to the USA. If we allow that to happen, we deserve the democide that will be used on us as it has been in Nazi Germany, Stalinist Russian, Mao's China, etc.
That is not only against our supreme law, it is TREASON, and it would be Terrorism against the USA and Americans. (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.)
Isn't anyone bothering to educate themselves anymore here in the USA? And I do not mean in a narrow sense.
You are incorrect. All MUST be in Pursuance of the US Constitution to be lawful here - ALL.
Nothing here in the USA can supersede the US Constitution. That is written into it. But if that is not enough...
The Supreme Court of the United States, 1866 - Yes, it is not only applicable, it is more applicable then the ones the domestic enemies within the judicial branch of the USA have been turning out in the last few decades: "The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism."
This also is saying that there is NO SUCH THING AS "martial law" or "emergency powers", which is just Military taking over and making a decision based on who is in charge of operations in that area at that time. Here in the USA, it is the US Constitution, NOT a person in any position they might occupy.
From the Father of the US Constitution, James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves"
Let's take the Healthcare Act (Obamacare); Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
The CRIMINALS are those who serve within our government and did those things. The "HERO" is the person (people) who told of those CRIMINAL activities.
The only way to stop the persecutions of Whistle - blowers is the ARREST and PROSECUTE the government criminals or they will keep injuring, murdering, and/or imprisoning those who let us know of those who are serving dishonest crimianl behavior.
Re: Re: (And beat it. And send it naked and bruised into the harsh winter, ..
"... it's useless these days... "
Why are you blaming the US Constitution? IT assigned these duties to us, "We the people" exactly so these things would not occur. WE are the militia of the several states, it is our duty to train and carry weapons to be able to:
- Enforce the US Constitution and each state's Constitution, - Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), - Protect the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This - Letters of Marque and Reprisal - is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias - NOT to the LE's, NOT to foreign terrorists, NOT to foreign countries - in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Joel Barlow, Revolutionary War veteran, American whose political writings were debated on the floor of Parliament said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
Thomas Jefferson: "None but an armed nation can dispense with a standing army. To keep ours armed and disciplined is therefore at all times important."
Richard Henry Lee, Member of the First U.S. Senate: "To preserve liberty, it is essential that the whole body of people always possess arms..."
Daniel Webster: "Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world."
Abraham Lincoln: ""We, the people are the rightful masters of both Congress and the courts not to overthrow the Constitution, but to overthrow men who pervert the Constitution."
James Madison: An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government.
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Thomas Jefferson: "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press."
BTW, what those "cops" did qualifies as terrorism against the American people:
28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
Does this sound familiar to anyone? Change a few words and it IS gun control.
SA Oberfuhrer of Bad Tolz, March, 1933: "All military type firearms are to be handed in immediately ... The SS, SA and Stahlhelm give every responsible opportunity of campaigning with them. Therefore anyone who does not belong to one of the above-named organizations and who unjustifiably nevertheless keeps his weapon ... must be regarded as an enemy of the national government."
California Oath of Office: Art 20 Misc Subjects, Sec 3: Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:
"I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. "And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows: ____________________________________________
(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________ I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."
And no other oath, declaration, or test, shall be required as a qualification for any public office or employment.
"Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing."
Art 5 Exec, Sec 7: "The Governor is commander in chief of a militia that shall be provided by statute. The Governor may call it forth to execute the law."
Art 5 Exec Sec 13: "Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced…"
Art 7 Public Officers And Employees: SEC. 9. "Notwithstanding any other provision of this Constitution, no person or organization which advocates the overthrow of the Government of the United States or the State by force or violence or other unlawful means or who advocates the support of a foreign government against the United States in the event of hostilities shall: (a) Hold any office or employment under this State, including but not limited to the University of California, or with any county, city or county, city, district, political subdivision, authority, board, bureau, commission or other public agency of this State; or (b) Receive any exemption from any tax imposed by this State or any county, city or county, city, district, political subdivision, authority, board, bureau, commission or other public agency of this State."
Actually it happens because people never bothered to learn what used to be taught within US schools, what those who serve within our governments are allowed to do, and most importantly what they are FORBIDDEN to do.
Except those who serve within the federal government do not have the authority or power to mandate that we buy lightbulbs, or healthcare.
Just because a person serving within the government says that something is "law" does not make it so. It can be "color of law" (pretend law) and is enforced by those too dumbed down - or domestic enemies of the USA - to know what they swore to support and defend.
Just because a person in a uniform is willing to enforce something does not make it lawful or even legal. Nazi Germany had many who was willing to "just follow orders" or "just do their jobs", as had military and others here. They discovered that those are NOT acceptable defenses and were sentenced for their crimes.
Also, I believe that Election Fraud had much more to do with those people being "elected" to positions of power. That haws been proven to be true in Obama and H. Clinton's case.
'"There are undoubtedly circumstances where a warrant is appropriate. The bill's exceptions, however, appear to be too narrow and could impose requirements beyond what is required by either the 4th Amendment or the privacy provisions in the California Constitution."'
943 Supreme Court, West Virginia Board of Education Vs. Barnette 319 U.S. 624, Justice Robert H Jackson said: “The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcomes of no elections.”
Let's see if Gov Brown's statement is true or false starting with the Preamble to the Bill of Rights:
"... THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, that FURTHER DECLARATORY AND RESTRICTIVE CLAUSES SHOULD BE ADDED: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. ..."
So this summary of the Bill of Rights says that "... to prevent misconstruction or abuse of its powers ..."
So who is to be prevented from misusing their "powers"? Our governments. Each state was guaranteed - and required to have - a Republican form of government, plus to support the US Constitution.
Amendment IV (Fourth): "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment IX (Ninth): "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment X (Tenth): "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So the 10th Amendment says that if a power is not expressly delegated to the federal (general) government, then it that power belongs to the states (state Constitution define the powers of those who serve within the state gov), or to the people.
The 9th Amendment says that not all of our natural rights our listed, but they are STILL PROTECTED by the US Constitution, the supreme law of this nation.
The amendments of the Constitution are not to be submitted to a vote. This means that the Congress does not have the power to pass laws concerning these rights. (Congress is the ONLY branch allowed to pass laws. Laws passed by anyone else is NOT a law, it is force and usurpation of legislative branch delegated powers)
Laws passed by the state cannot alter or change LAWFULLY our natural rights.
It is the enforcement of laws outside of the specific listed areas where they have do full jurisdiction within that area is where the subjugation of the American people to laws which those who serve within our government know/should know do not apply to citizens within the states unless they are on a base, etc.
Since the US Constitution says that all those that serve within our governments are forbidden to mess with the Bill of Rights in any way EXCEPT for in the ways specifically listed, Gov. Brown is acting unlawfully with that public comment with the veto. No warrantless searches, spying etc is allowed.
Article. IV. Section. 4: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;..."
Article. VI: "... This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."
This says that ALL state representatives are bound by Oath to support this Constitution.
That means the Bill of Rights applies to Governor Brown in the actions that he makes and the laws created within the state of California.
It is Perjury to not keep the Oath, plus a felony with a mandatory sentence, plus (depending) may qualify as terrorism under our laws (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”); - 42 USC § 1983 - Civil action for deprivation of rights; - Ca Government Code Section 19572. Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list: (s) Refusal to take and subscribe any oath or affirmation that is required by law in connection with the employment.; - 5 U.S.C. 3331, provides the text of the actual oath of office the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees are required to take before assuming office. - 5 U.S.C. 3333 requires the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law - 5 U.S.C. 7311 which explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”. - 18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine. - Etc.
Alexander Hamilton: "Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
James Madison: "Because if... [An Unalienable Natural Right of Free Men] be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves..."
Dr. Edwin Vieira: "Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power." (end Dr. Vieira quote)
”The Legislature, either by amending or otherwise, may not nullify a constitutional provision.” Rost v. Municipal Court of Southern Judicial District of San Mateo (1960)
"There can be no sanction or penalty imposed upon one because of his exercise of Constitutional rights.” Sherar v. Cullen, 481 F. 946
“Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” U.S. Supreme Court in Miranda v. Arizona, 380 U.S. 436 (1966)
“State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights.” Gross v. State of Illinois, 312 F 2d 257; (1963).
“Decency, security, and liberty alike demand that government officials be subjected to the same rules of conduct that are commands to the citizen. In a Government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Crime is contagious. If government becomes a lawbreaker, it breeds contempt for the law it invites every man to become a law unto himself and against that pernicious doctrine, this court should resolutely set its face.” Olmstead v U.S., 277 US 348, 485; 48 S. Ct. 564, 575; 72 LEd 944 U.S. versus Verdrigo-Urquidez, 110 S. Ct. 1056, 1060-61 (1990) South v.Maryland/Bowers v. DeVito
"The Bill of Rights could use some updating. Mostly to slap some old men and women wearing robes in DC that think "computers" make everything different.
The 2nd amendment doesn't really make sense today and should be replaced with something that prevents the government from outlawing anything it uses domestically. It would be a little bit complicated, because it would have to allow for regional things and it should allow for hunting in rural areas."
Actually it makes more sense today then ever. Read it, Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The problem is that you bought into the "new" interpretation of it which is incorrect (and NO, judges are not to "interpret" the US Constitution, but to see that it is followed.
It says that the Militia of the several states (that is us, "We the people") are necessary for freedom. Since the people are the Militia and might be needed at any time, they can and must bear arms.
George Washington: "A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies."
Why? Because those who serve within governments love power and always want more. Look at Obama, he gave himself First Degree Murder powers - assassination powers. Can he do that lawfully? NO! Shocked him as much as it did constitutionalists that the people were dumbed down enough to allow it.
Thomas Jefferson: "The law requires every militia-man to provide himself with arms usual in the regular service."
Joel Barlow said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
It has little to do with hunting, what it has to do with is: - Enforcing the US Constitution and each state's Constitution, - Enforcing and keeping the “Laws of the Union” (which is constitutional laws ONLY), - Protecting the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
Who did you expect to "police" those who serve within our governments and the law enforcement? Themselves. Like that ever works. It is OUR duty, "We the People" read the preamble(s) again - if they allowed it they are here in another comment.
This comment tells me that you do not know much beyond what you are told by propagandist about the US Constitution. If you want some really decent summaries on it may I recommend the Preambles:
Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Notice who it says does created it and why, "We the People of the United States". The idea was to create "a more perfect Union" by having the people take responsibility to hold accountable those who serve within our governments for the contract they agreed to and the PERSONAL guarantee that they will "Support and Defend it", except all who serve as US presidents who give their personal guarantee that they will Preserve, Protect and Defend" - all are required to follow it.
What are the PEOPLE responsible for doing, and using the TOOLS of government to do it/them? 1) Establish Justice, 2) Iinsure domestic Tranquility, 3) Provide for the common defence, 4) Promote the general Welfare, and 5) Secure the Blessings of Liberty to ourselves and our Posterity
Notice no where did it say that those who serve in ANY branch of our government are to do those things, but "We the people" are to do them.
Preamble to the Bill of Rights: "Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
What does the Bill of Rights do? It protects our natural rights from those who serve within government. They are forbidden to do anything against the people EXCEPT in the manner described within the Bill of Rights or not at all. "... in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added..."
Notice the words "FURTHER" and "ADDED". They are saying that MORE restrictions were put on those who serve within the US government.
Amendment I: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
What does this say? How does it say it? It says that there can be NO LAW made restricting in any way those things listed - EVER, for any reason. That there is/are no such thing as "emergency powers" or "martial law" because they are the exact OPPOSITE of the US Constitution. That those are unlawful here and actually terrorism against the US people (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”).
The Supreme Court of the United States, 1866 - yes it IS valid, more valid then those serving today: "The Constitution of the United States is a law for rulers and people, EQUALLY in war and peace, and covers with the shield of its PROTECTION ALL CLASSES OF MEN, AT ALL TIMES, AND UNDER ALL CIRCUMSTANCES. NO DOCTRINE INVOLVING MORE PERNICIOUS CONSEQUENCES WAS EVER INVENTED BY THE WIT OF MAN THAT THAT ANY OF ITS PROVISIONS CAN BE SUSPENDED DURING ANY OF THE GREAT EXIGENCIES OF GOVERNMENT. Such a doctrine leads directly to anarchy or despotism."
James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves."
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
Dr. Edwin Vieira: "This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides... The government of the United States has never violated anyone’s constitutional rights... The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.
... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
And that applies to any (and all) governmental action outside of the Constitution...” What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability..." (End Dr. Vieira quote)
Thomas Jefferson: “The government created by this compact (the Constitution) was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people of each state) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. HE DOES NOT DERIVE IT FROM THE STATE GOVERNMENT. IT IS ONE OF THE HIGH POWERS DELEGATED DIRECTLY TO THE CITIZENS, AND IS EXCEPTED OUT OF THE GENERAL POWERS OF GOVERNMENT. A LAW CANNOT BE PASSED TO INFRINGE UPON IT OR IMPAIR IT, BECAUSE IT IS ABOVE THE LAW, AND INDEPENDENT OF THE LAW MAKING POWER”
As I said, the problem is NOT the US Constitution, it is the deliberate "dumbing down" of Americans. If you read that you probably have a new idea of what the US Constitution means.
The First Amendment does not give us any rights, it PROTECTS them. The amendment is comprised of six limitations put on the government. It merely states what the government cannot do, and thus protects citizens rights from government infringement.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
The six protections against government encroachment within the First Amendment are:
1. Congress shall make no law respecting an establishment of religion 2. Congress shall make no law prohibiting the exercise of religion 3. Congress shall make no law abridging the freedom of speech 4. Congress shall make no law abridging the freedom of the press 5. Congress shall make no law abridging the right of the people peacefully to assemble 6. Congress shall make no law abridging the right to petition the government for a redress of grievance.
Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are two governmental limitations stated in this amendment. 1. The citizens are to be secure in their person, home, papers, and property, from unreasonable searches and seizure. In other words they have the privacy to go about their lives without worrying whether the government will invade them. This amendment was to ensure that the government does not trespass on the people nor take anything from the people without following correct legal procedure.
2. The government is restrained from taking either person or property without first getting a warrant, and only after proving probable cause. Thisis only as valid if the judge is honest. There have been cases in which judges have signed blank warrants, and the details are not filled in until after serving the warrant.
This amendment (none of the Bill of Rights does) does NOT "grant" the people any Rights, but instead a limits or forbids those who serve within our government to ensure that they do not trespass beyond the listed powers assigned to them by the US Constitution.
A few more;
The First Amendment does not give us any rights, it PROTECTS them. The amendment is comprised of six limitations put on the government. It merely states what the government cannot do, and thus protects citizens rights from government infringement.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
The six protections against government encroachment within the First Amendment are:
1. Congress shall make no law respecting an establishment of religion 2. Congress shall make no law prohibiting the exercise of religion 3. Congress shall make no law abridging the freedom of speech 4. Congress shall make no law abridging the freedom of the press 5. Congress shall make no law abridging the right of the people peacefully to assemble 6. Congress shall make no law abridging the right to petition the government for a redress of grievance.
Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are two governmental limitations stated in this amendment. 1. The citizens are to be secure in their person, home, papers, and property, from unreasonable searches and seizure. In other words they have the privacy to go about their lives without worrying whether the government will invade them. This amendment was to ensure that the government does not trespass on the people nor take anything from the people without following correct legal procedure.
2. The government is restrained from taking either person or property without first getting a warrant, and only after proving probable cause. This is only as valid if the judge is honest. There have been cases in which judges have signed blank warrants, and the details are not filled in until after serving the warrant.
This amendment (none of the Bill of Rights does) does NOT "grant" the people any Rights, but instead a limits or forbids those who serve within our government to ensure that they do not trespass beyond the listed powers assigned to them by the US Constitution.
"... the real cure is for Congress to start laws as of now that introduce competition..."
We already have laws that (supposedly) STOP monopolies and cartels from being formed. But it does not good to have the laws if you have a treasonous scum running the agency in charge of making sure those things do NOT happen within the USA.
Supreme Court stated in Red Lion v. FCC in 1969: “It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the Government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC.”
Re: When even the NSA looks reasonable in comparison...
"... hows that they clearly don't see themselves as representing the people either, and instead see themselves as above the people."
You are correct, but they are wrong. They would be correct in England, the nation we broke away from, or China, Japan, Russian, etc. But here in America, ALL people are created EQUAL, and that means that law enforcement as well as representatives are REQUIRED to be held accountable under our constitutional laws - no one is to be held accountable for unconstitutional laws, except if created in order to destroy or modify our Constitutional Republic, then it is considered terrorism:
28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
Alexander Hamilton: “Until THE PEOPLE HAVE, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act.”
A little education. We are a Constitutional Republic. The Constitution of the United States of America is our government in that it, and each state's Constitution, defines exactly what those who serve within our governments may do. The US Constitution even lists some things 100% forbidden to be changed, added to, destroyed by those who serve within our governments.
Preambles are a summary of what is in US Constitutions, plus a separate one for the Bill of Rights.
Take note of this section of the Preamble to the Bill of Rights: "THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, that FURTHER DECLARATORY AND RESTRICTIVE CLAUSES should BE ADDED: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
What that says is that the Bill of Rights restricts those who serve within our governments from messing around with the Bill of Rights in any way, shape of form.
Amendment Four says exactly how a search is to be committed to be lawful or legal within the USA:
Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NOT BE VIOLATED, and NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED."
That is the ONLY lawful search ALLOWED within the USA. Law Enforcement as well as those who serve within our governments are under contract to do those things exactly and ONLY as listed. Anything else is forbidden to them. Those who serve within our governments are NOT ALLOWED TO GIVE THEMSELVES MORE POWERS.
“Lawful”: in accordance with the law of the land; according to the law; permitted, sanctioned, or justified by law. Ex: Constitution of the United States of America, state Constitutions. “Legal”: Can be the “color of law”, “appearance of law”, “pretense of law without the substance of lawfulness”, “misuse of power made possible only because wrongdoer is clothed with authority of state”.
Dr. Edwin Vieira: "... What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability."
*Sidenote, off topic: There is also no such thing as "assassination powers" which is First Degree Murder. No such thing as "martial law" or "emergency powers" since it was the Supreme courts “gave” “emergency powers”, though it was not, and still is not, a power(s) granted to them to give or use.
Thomas Jefferson: “The government created by this compact (the Constitution) was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people of each state) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
This -> Alexander Hamilton: "Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
This is what is going on within our governments currently. They can create all the "laws, etc they want, but if they do not follow the US Constitution they are usurpations and NOT lawful here within America.
James Madison: “The ultimate authority resides in the people, and that if the federal government got too powerful and overstepped its authority, then the people would develop plans of resistance and resort to arms.” Federalist 57, James Madison wrote that Congress "can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society."
One, not one person who serves within our governments, whichever branch and duties apply to them are to pass something that they do not know for a FACT is constitutional. That is their duty, their OATH, their personal responsibility because of that Oath to make sure that all things that pass, are used as binding on the people are constitution BEFORE being implemennted.
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
It matters not what the courts decide, they were never given the duty to "interpret" the US Constitution, they were given the duty to see that all things are "in Pursuance thereof", follows, the US Constitution, the supreme law of THIS land. The courts gave themselves that "power" (interpreting the US Constitution) which is usurpation.
Tucker’s Blackstone, Volume I, Chapter 1 regarding how the Oath applies to the judiciary: “But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the supreme law of the land, the U.S. Constitution. Now this is a positive law, fixed and established by custom, which custom is evidenced by judicial decisions; and therefore can never be departed from by any modern judge without a breach of his oath and the law. For herein there is nothing repugnant to natural justice;...”
The judicial branch of the federal government is not in place to “interpret” the Constitution of the United States of America, but to decide if a law, bill, treaty, case is IN PURSUANCE THEREOF – they are to make sure that they are following the US Constitution.
Article 5: “... This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Thomas Jefferson: “…To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps…and their power is more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such tribunal, knowing that to whatever hands confided, with the corruption of time and party, its members would become despots….”
James Madison: “But it is objected, that the judicial authority is to be regarded as the sole expositor of the Constitution in the last resort"
John Marshall: Opinion as Chief Justice in Marbury vs. Madison, 1802: "The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument."
James Madison, Federalist 46: “The Foederal and State Governments are in fact but different agents and trustees of the people, instituted with different powers, and designated for different purposes... They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone; and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expence of the other. Truth no less than decency requires, that the event in every case, should be supposed to depend on the sentiments and sanction of their common constituents.”
Any law, bill treaty, etc that is not in Pursuance thereof the US Constitution is "Null an Void".
This by Madison does a pretty good summary of what the duties are of those who serve within our governments.
James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves..."
"... there is probably no way to reverse course short of a complete collapse and rebuild."
Actually there is a way. Know the US Constitution and the Constitution of the state you live in. Enforce them.
Why would knowing them reverse what is going on today? Because people had to have that knowledge "wiped" from their minds over decades of "progressive schooling, propaganda, subliminals so that they would accept what is going on as "normal" and that "We" cannot do anything about it.
First, WHO was assigned the duties to: - Enforce the US Constitution and each state's Constitution, - Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), - Protect the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
The US Constitution guarantees to each state its own “Republican form of government”. It is every state's Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.
Who is the Militia of the several states? Lets let the founders and framers answer that one:
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Thomas Cooley: “The right is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. . . . If the right were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for that purpose”.
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
So if "We the people" were the enforcers, what happened, and how did we get a governmental professional law enforcement to take over and do OUR duties (and be in place to be used against us)?
Dr Edwin Vieira states it so well in his book “Constitutional “Homeland Security” Volume 1: the Nation in Arms”: “That means "that NONE of those tasks are assigned to the Army, to a Navy, to a (constitutionally unknown) National Guard, or least of all to any unnamed professional police, security, or intelligence agencies of the General Government or of any state or locality. Rather, the Constitution's explicit emphasis on the Militia as the preeminent forces..."
The duty of US citizens to enforce the law was - still is - a duty assigned to the people by the US Constitution. Here in our constitutional republic LEAs – state and fed – have NO constitutional basis for existence. They were created to destroy the Militia of the several states and to bring dependence of the people upon “government”.
The “concept” for governmental professional law enforcement comes from England. Our country had cut its ties with England to develop our own form of government with LESS governmental involvement in the affairs of the people, but some factions still worked to put us back under government control. The “new” law enforcement was incorporating MORE government into the affairs of the people explicitly against the US Constitution as is found in England.
What is also interesting is that Joseph Stalin in 1933 said, ”The United States should get rid of its militias”. Those serving within our governments proceeded to do exactly that. The Militias, who are us, the people, enforcing the US Constitution, each state's Constitution was a danger to the destruction of the USA. I suspect not only because of being part of the Militia, but because to be in the Militia required training, and that made the USA dangerous to attack when most everyone was trained.
The ONLY legality the LE’s have as our Militia replacements is WHEN they keep the OATH to support and defend the US Constitution and their state Constitution. Anything else voids their "authority", and the only lawful "authority" they have then is the same ones gangs use - force.
When our governments began to destroy each state’s Militia and to delegate their law enforcement duties to governmental professional law enforcement – federal and state, the *laws were relaxed to allow police to execute “warrantless felony arrests” based upon information received from 3rd parties – think of it as allowing rumors to cause warrantless arrests. (*actually “color of law”, “pretend laws” since ALL laws MUST be in Pursuance thereof the US Constitution) Then governmental professional LE’s could no longer be required to be “right” all of the time since it was NOT BASED ON FACTS, so the rule of strict liability for false arrest was “lost” (taken away from the people).
This loss of ‘actual guilt’ rather then the now perceived that “might be guilty”, when combined with greater deference to the state in most law enforcement matters, has reversed the original intent and purpose of American law enforcement THAT THE STATE ACT AGAINST THE REQUIRED CONSTITUTIONALLY DESIGNATED LIMITATIONS AND AT ITS OWN PERIL. Because arrest has now become the near exclusive province of governmental professional police instead of the Militia of the several states, Americans now have less assurances that they are free from unreasonable arrests or unreasonable deaths.
The modern disparity between the rights and powers of police and citizen shows up most in the modern law of "resisting arrest". Any US citizen was privileged to resist arrest if probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed as individual liberty is the bedrock of our constitutional republic. It wasn't that long ago that the United States Supreme Court held that it was permissible (or defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause. Officers who executed an arrest without proper warrant were themselves considered trespassers, and the owners had a right to violently resist (or even assault and batter) an officer to evade such an unlawful arrest.
Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations by law enforcement. Even other people who stepped in to assist those being arrested unlawfully were protected under the US Constitution from prosecution.
By the 1980s many states had eliminated the common law right of resistance for the people in order to make it easier for professional governmental law enforcement to do the work of the state, plus criminalized the resisting of arrest or anything else by the general populace of any "officer" acting in his official capacity. Then they eliminated the requirement that an arresting officer present his warrant at the scene, PLUS decreased the number and types of arrests for which a warrant is required. They were destroying the basis of our legitimate government, and the level of protection given to us by, put into place within the US Constitution and state Constitutions by the Framers.
The right to resist unlawful arrest IS still a constitutional one. It stems from the right of every person to his bodily integrity and liberty of movement, which are among the most fundamental of all natural rights. Substantive due process principles require that the government interfere with such a right ONLY to further a compelling state interest — and the power to arrest the citizenry unlawfully can hardly be characterized as a compelling state interest. The advent of governmental professional policing has endangered important rights, lives, and property of the American people. This" changing balance of power" between police and private citizens now revels itself by the unlawful power of modern police to easily use violence against the population, and to use unlawful arrest techniques with no consequences.
Probably more then you wanted to know, but still VERY important that it IS known by the general populace here within the USA.
First, understanding our government will help you to understand the answer to those question.
The US Constitution is (basically) the main part of our government, the people who are elected, hired, temporary, contract, volunteers, interns, etc are there to carry out the duties assigned to the branch they are occupying. That is why they are "servants", "serve", etc; admittedly some are very high priced and have an inflated ego the size of Jupiter.
We are a Constitutional Republic, we have two governments that have different duties to carry out - the general (federal) is to deal with mostly foreign affairs and to see that the states trade fairly with each other.
Madison, the “Father of the Constitution”: “The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.”
Justice Sandra Day O’Connor put it this way: "The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: “Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.”
Alexander Hamilton: “... a treaty cannot be made which alters the Constitution or which infringes any express exceptions to the power of the Constitution of the United States.”
Alexander Hamilton: “The only constitutional exception to the power of making treaties is, that it shall not change the Constitution... On natural principles, a treaty, which should manifestly betray or sacrifice primary interests of the state, would be null.”
“The rule of law is not for the protection of the guilty, but for protection from government violations of individual rights.”
The opinion in Mack and Printz v. United States stated, “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service–and at no cost to itself–the police officers of the 50 States…Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”
Natural Rights are ours from birth, and the US Constitution and each state's Constitution PROTECTS them from those who serve within our governments.
The problem is that most Americans do not know what our government is, have been taught incorrectly concerning it, and that our RECENT ancestors gave up the Militia that we ALL are a part of.
The Militia, us - you, you, and you, and me - are constitutionally assigned the duties to be armed, trained, and always ready to defend our families, neighbors, counties, states and our nation from enemies both domestic and foreign. Each state's Militia is made up of “We the People” protecting our own interests, homes, states, nation, and enforcing our governments. The Militia has as its constitutionally assigned duties to:
- Enforce the US Constitution and each state's Constitution, - Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), - Protect the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
The US Constitution guarantees to each state its own “Republican form of government”. It is every state's Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.
The US Constitution refused to let our governments create their own law enforcement, and limited the (standing) military to ONLY when the congress declares war, and when needed to defend our nation from attack - which is not acceptable to the Military Industrial complex since it limits their power.
Stalin, in 1933 said: ”The United States should get rid of its militias”. Those serving within our governments (not all of them) started doing just that.
Constitution of the United States of America, Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Key words are "of the United States of America, Second Amendment: "A well regulated Militia, being necessary to the security of a free State" which is "We the People" guarding our own freedom, enforcing our constitutions - federal and state, and defending our nation which stops most corruption of those who serve within our governments.
The US Constitution and all that is “in Pursuance thereof” it, as the supreme (highest) law of this land in the areas where it was given jurisdiction says that “We” (as the Militia of the several states) are personally responsible for maintaining and protecting the US Constitution, each state's Constitution, and seeing to their enforcement against ALL foes - domestic and foreign. “We” are the ones responsible for enforcing the laws of this land, and are charged with it's defense plus the defense of our homes, neighborhoods, cities, counties, states, and country.
It says it here within the Constitution of the United States of America:
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
The congress has the duty to grant Letters of Marque and Reprisal when they are needed to enforce the US Constitution, the laws, or defend the people and the nation. This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 12 specifies that there shall be no military beyond that of two years. The Militia of each state is charged with our nations defense here within the USA until and unless the congress has declared war and a “standing” military is raised:
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”.
The money that the congress has illegally spent beyond the lawfully allowed time of two years for the support of a “standing military” was/and still is a misappropriation of funds (the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official...). It is a felony, a crime against the American people.
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years” is really straightforward, and no “misunderstanding” of the words can be used as an excuse for disobeying that lawfully required duty. The members of congress can be, and should be, held personally responsible for that breach of trust. That is correct, they must pay back the funds used unlawfully out of their personal accounts. There can lawfully be no (NO!) standing army except in times of war, and ONLY the congress can lawfully declare war under the contract they get their duties and powers from.
War must be declared by congress in order to be a lawful war that our US military are used to fight in, it must be in defense of our nation ONLY which is why so many lies were used as excuses to get us into wars. Since they were not, and are not, lawfully declared wars, ALL who died on all sides make that mass murder, etc that those who serve within our government had a hand in and MUST be fully prosecuted for.
War cannot lawfully be "declared" against a tactic such as the "war against terror" or the "war against drugs"; both are not wars and not even the congress can declare a war against a tactic.
Clause 12 was put in as a lawfully assigned duty of congress because, as James Madison, the Father of the US Constitution warned: “No nation could preserve its freedom in the midst of continual warfare”.
Rep. Elbridge Gerry of Massachusetts, floor debate over the 2nd Amendment, I Annals of Congress: “What, Sir, is the use of a militia? It is to PREVENT THE ESTABLISMENT OF A STANDING ARMY, the bane of liberty….”
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16. Yes, those weapons and vehicles the military have been giving to terrorists - many still fighting against our soldiers, foreign nations, and governmental professional law enforcement are being done illegally.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
"Within 100mi of the US Border?"
Wrong, that is a lie. The US Constitution, our government applies everywhere, even in the oceans that are under US jurisdiction. That is called terrorism: 28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
And it is also Treason against the USA and her people.
"3 degrees of separation from someone who is a suspected terrorist"
That is another lie, they are doing the exact same thing here in the USA that Hitler did in Constitutional Germany in the past.
Right do apply, but the people MUST know and understand our government, and it IS OUR government - but the servants within it are trying to take over.
There is a reason that George Washington said this:
"A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies." George Washington
Not only were we the people to be armed and trained on every weapon used by those who might attack us, but we were to make sure we could create them ourselves so that those who serve in the governments of our nation could not "take over" - either for themselves or for a foreign entity or nation.
Americans were not as well-armed as Jefferson wished. The only book Jefferson ever wrote was Notes on the State of Virginia (1782), in which he explained the arms shortage that had developed during the Revolutionary War: "The law requires every militia-man to provide himself with arms usual in the regular service. But this injunction was always indifferently complied with, and the arms they had have been so frequently called to arm the regulars, that in the lower parts of the country they are entirely disarmed."
We let this happen, and it is going to cost us deary to repair the damage, but we will see to it that no one after us will ever TRUST those who are put into office.
Understand this, there is NO such thing as "emergency powers" or "marital law". They are the exact opposite of what our government is and requires of those who serve within it.
The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism." The Supreme Court of the United States
"Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves, James Madison
"Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume." Judge Thomas M. Cooley
Basically as Dr. Edwin Vieira says: “This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides...
The government of the United States has never violated anyone’s constitutional rights... The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.
... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
And that applies to any (and all) governmental action outside of the Constitution...” What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability. (end Dr. Vieira quote.)
Proof in the words of our founders and others of the time;
Thomas Jefferson, 1st inaugural, explained that: "a well-disciplined militia" is "our best reliance in peace and for the first moments of war, till regulars may relieve them" and also a guarantee of "the supremacy of the civil over the military authority; [and] economy in the public expense."
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge, wrote of the Second Amendment: “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” (The Supreme Court has cited Tucker in over forty cases, in the major cases of virtually every Supreme Court era.)
Samuel Adams: “Under every government the last resort of the people, is an appeal to the sword; whether to defend themselves against the open attacks of a foreign enemy, or to check the insidious encroachments of domestic foes. Whenever a people ... entrust the defence of their country to a regular, standing army, composed of mercenaries, the power of that country will remain under the direction of the most wealthy citizens. And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions”.
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them.”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
William Rawle, whose work was adopted as a constitutional law textbook at West Point and other institutions, and was United States Attorney for Pennsylvania, describes the scope of the Second Amendment's right to keep and bear arms: “The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”
Justice Story, Associate Justice, Supreme Court wrote: “The next amendment is: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”.
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
Tench Coxe, ‘Remarks on the First Part of the Amendments to the Federal Constitution’, in the Federal Gazette, June 18, 1789, on the Second Amendment where he asserts that it's the people with arms, who serve as the ultimate check on government: “As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms”.
James Madison, Federalist 46 wrote: “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation...”
Alexander Hamilton, Federalist 28: “ there exists a right of self-defense against a tyrannical government, and it includes the people with their own arms” “If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government... if the persons intrusted with supreme power become usurpers... The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair… The people, without exaggeration, may be said to be entirely the masters of their own fate... If their rights are invaded... How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized! (being armed)“
Joel Barlow said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Daniel Webster: “Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents and parents from their children, and compel them to fight the battles of any war in which the folly and wickedness of the government may engage itself? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest right of personal liberty? Who will show me any Constitutional injunction which makes it the duty of the American people to surrender everything valuable in life, and even life, itself, whenever the purposes of an ambitious and mischievous government may require it?"
“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.” John Adams
Representative Jackson, first U.S. Congress, when it met and turned to defense measures in 1791: “The inhabitants of Switzerland emancipated themselves by the establishment of a Militia, which finally delivered them from the tyranny of their lords.”
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.
Andrews v. State explains, this "passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights."
Nunn vs. State:'The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.
Bliss v. Commonwealth: “Arms restrictions - even concealed weapons bans - are unconstitutional, since arms bearing is an individual right and the legislature may not restrict any aspect of such a right.”
Black's Law Dictionary, 3rd Edition: The body of citizens in a state, enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army.
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
Kentucky Revised Statutes: “The Governor is hereby authorized to enlist, organize, maintain, equip, discipline and pay when called into active field service a volunteer state defense force other than the National Guard...
James Madison: "An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government."
John Norton Pomeroy: The object of this clause [the right of the people to keep and bear arms] is to secure a well-armed militia.... But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms.
Noah Webster: Another source of power in government is a military force. But this, to be efficient, must be superior to any force that exists among the people, or which they can command; for otherwise this force would be annihilated, on the first exercise of acts of oppression. Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed..."
State Gazette (Charleston): "No free government was ever founded or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state.... Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen."
"If you don't break the law, or hang around people breaking the law, your chances of arrest are almost nil. Despite your beliefs, police are not just grabbing random people off the street and trumping up charges just to lock them up."
No, they are just kicking in your doors, killing your dogs, injuring and killing the children and elderly, raping women, murdering innocent people in their own homes all of which is against our laws.
No knocks are FORBIDDEN by the US Constitution. Since the US Constitution did NOT give any of our governments the authority to create governmental professional law enforcement the ONLY lawful authority the LE's have is when they keep that Oath. The US Constitution assigns those duties to the PEOPLE as the Militia so that we would protect our freedoms, hold those who serve accountable for their actions, enforce the Constitutions - federal and state.
THIS is the ONLY lawful way arrests can be carried out HERE in the USA, nothing else is allowed for;
Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
As Dr Edwin Vieira states in his book “Constitutional “Homeland Security” Volume 1: the Nation in Arms”: “That means "that NONE of those tasks are assigned to the Army, to a Navy, to a (constitutionally unknown) National Guard, or least of all to any unnamed professional police, security, or intelligence agencies of the General Government or of any state or locality. Rather, the Constitution's explicit emphasis on the Militia as the preeminent forces by politicians of a garrison, "national-security", or police state..."
There is no such thing as "emergency powers" or "martial law" here in the USA as they are the exact opposite of the US Constitution and all in Pursuance thereof it.
James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves"
"The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism." The Supreme Court of the United States
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
Dr. Edwin Vieira, Jr: ... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed". And that applies to any (and all) governmental action outside of the Constitution... What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability."
Professional police as we know them today originated in American cities during the second quarter of the nineteenth century, when municipal governments drafted citizens to maintain order. Toward the end of the nineteenth century, police forces took on the role of crime-fighting. The goal of maintaining public order became secondary to chasing lawbreakers. The police cultivated a perception that they were public heroes who "fought crime" in the general, rather than individual sense.
This "new" role followed the law enforcement model developed in England. Our country had cut its ties with England to develop our own form of government with LESS governmental involvement in the affairs of the people. The "new" law enforcement was incorporating MORE government into the affairs of the people against the US Constitution as is done in England.
“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?” Supreme Court Justice Ruth Bader Ginsburg
Under the common law, there was no difference whatsoever between the privileges, immunities, and powers of constables and those of private citizens. Professional governmental law enforcement faced the same liabilities — civil and criminal — as everyone else under identical circumstances.
When the people of the USA started letting their representatives delegate their constitutionally required law enforcement duties to the professional governmental law enforcement, the laws were then relaxed to allow police to execute warrantless felony arrests upon information received from 3rd parties. Since the information received could not be confirmed, the Professional governmental law enforcement could no longer be required to be "right" all of the time, so the rule of strict liability for false arrest was lost.
The modern disparity between the rights and powers of police and citizen shows up most in the modern law of "resisting arrest". Any US citizen was privileged to resist arrest if probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed as individual liberty is the bedrock of our constitutional republic. It wasn't that long ago that the United States Supreme Court held that it was permissible (or defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause. Officers who executed an arrest without proper warrant were themselves considered trespassers, and the owners had a right to violently resist (or even assault and batter) an officer to evade such an unlawful arrest. Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations. Even any third-party person who voluntarily assisted were lawfully able to forcibly liberate wrongly arrested persons from unlawful custody.
By the 1980s many states had eliminated the common law right of resistance for the people in order to make it easier for professional governmental law enforcement to do the work of the state, plus criminalized the resisting of arrest or anything else by the general populace of any "officer" acting in his official capacity. Then they eliminated the requirement that an arresting officer present his warrant at the scene, PLUS drastically decreased the number and types of arrests for which a warrant is required. Basically destroying the basis of our legitimate government, and the level of protection given to us by, and put into place by the Framers into the US Constitution and state Constitutions.
The right to resist unlawful arrest IS a constitutional one. It stems from the right of every person to his bodily integrity and liberty of movement, which are among the most fundamental of all natural rights. This" changing balance of power" between police and private citizens now revels itself by the unlawful power of modern police to easily use violence against the population, and to use unlawful arrest techniques with no consequences. Just because something is called a "law" or a "bill" does not make it so. There are many "color of law", "pretend" laws that are being unlawfully enforced today.
"It occurs to me that there is to some degree a militarized opposition already in existence. What some people might call 'wacko conspiracy types', already armed to the teeth."
The US Constitution does NOT recognize or authorize a governmental professional law enforcement - federal or state precisely because they are always used against the people.
That "'wacko conspiracy types' you refer to is not only recognized by the SUPREME law of this nation but it is the ONLY governmental agency that is given the duties to: - Enforce the US Constitution and each state's Constitution, -Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), -Protect the country against all enemies both domestic and foreign, and -“to suppress Insurrections and repel Invasions”.
It is NOT to governmental professional law enforcement that those military grade weapons are REQUIRED to go to to train with and on, anymore then they are to be handed out to foreign terrorists and nations.
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”. This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Thomas Jefferson, 1st inaugural, explained that: "a well-disciplined militia" is "our best reliance in peace and for the first moments of war, till regulars may relieve them" and also a guarantee of "the supremacy of the civil over the military authority; [and] economy in the public expense."
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge, wrote of the Second Amendment: “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” (The Supreme Court has cited Tucker in over forty cases, in the major cases of virtually every Supreme Court era.)
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe"; and American whose political writings were debated on the floor of Parliament said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Nunn vs. State:'The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.
Andrews v. State explains, this "passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights."
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
James Madison: "An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government."
James Madison: "... large and permanent military establishments ... are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark."
John Norton Pomeroy: "The object of this clause [the right of the people to keep and bear arms] is to secure a well-armed militia.... But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms."
State Gazette (Charleston): "No free government was ever founded or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state.... Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen."
You, armed or not, trained or not, ARE the Militia of your state.
The US Constitution assigned the duties to: - Enforce the US Constitution and each state's Constitution, - Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), - Protect the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
To us as the TRAINED Militia of the several states. When the governmental professional law enforcement replaced us the Oath they are required to take, since they are not constitutionally recognized, as our replacements their FIRST duties are to: - Enforce the US Constitution and each state's Constitution, - Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY), - Protect the country against all enemies both domestic and foreign, and - “to suppress Insurrections and repel Invasions”.
If they refuse to do so, then we MUST replace them with the organized (trained) Militias of the several states to KEEP our freedom and our sovereignty.
US Constitution assigns those duties to us which is why we are REQUIRED to be armed and TRAINED here: US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
William Rawle, whose work was adopted as a constitutional law textbook at West Point and other institutions, and was United States Attorney for Pennsylvania, describes the scope of the Second Amendment's right to keep and bear arms: “The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”
Justice Story, Associate Justice, Supreme Court wrote: “The next amendment is: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”.
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
U.S. Constitution: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, OR IN THE MILITIA, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
On the post: Now In Charge Of Congress, GOP Plans To Give Up Its Own Constitutional Powers To The Obama Administration
Give up their constitutional assigned powers
The moment they do so they are TRAITORS to the USA. If we allow that to happen, we deserve the democide that will be used on us as it has been in Nazi Germany, Stalinist Russian, Mao's China, etc.
That is not only against our supreme law, it is TREASON, and it would be Terrorism against the USA and Americans. (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.)
Isn't anyone bothering to educate themselves anymore here in the USA? And I do not mean in a narrow sense.
On the post: Court Says By Agreeing To AOL's Terms Of Service, You've 'Consented' To Search By Law Enforcement
Re: Re: Constitution Supercedes
Nothing here in the USA can supersede the US Constitution. That is written into it. But if that is not enough...
The Supreme Court of the United States, 1866 - Yes, it is not only applicable, it is more applicable then the ones the domestic enemies within the judicial branch of the USA have been turning out in the last few decades:
"The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism."
This also is saying that there is NO SUCH THING AS "martial law" or "emergency powers", which is just Military taking over and making a decision based on who is in charge of operations in that area at that time. Here in the USA, it is the US Constitution, NOT a person in any position they might occupy.
From the Father of the US Constitution, James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves"
Let's take the Healthcare Act (Obamacare); Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
Everyone who signed that is a criminal.
On the post: FBI Raids House Of 'Second Leaker' Who Provided Terrorist Watchlist Documents To The Intercept
The only way to stop the persecutions of Whistle - blowers is the ARREST and PROSECUTE the government criminals or they will keep injuring, murdering, and/or imprisoning those who let us know of those who are serving dishonest crimianl behavior.
On the post: SWAT Team Raids House And Kills Homeowner Because Criminal Who Burglarized The House Told Them To
Re: Re: (And beat it. And send it naked and bruised into the harsh winter, ..
Why are you blaming the US Constitution? IT assigned these duties to us, "We the people" exactly so these things would not occur. WE are the militia of the several states, it is our duty to train and carry weapons to be able to:
- Enforce the US Constitution and each state's Constitution,
- Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
- Protect the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This - Letters of Marque and Reprisal - is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias - NOT to the LE's, NOT to foreign terrorists, NOT to foreign countries - in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Joel Barlow, Revolutionary War veteran, American whose political writings were debated on the floor of Parliament said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
Thomas Jefferson: "None but an armed nation can dispense with a standing army. To keep ours armed and disciplined is therefore at all times important."
Richard Henry Lee, Member of the First U.S. Senate: "To preserve liberty, it is essential that the whole body of people always possess arms..."
Daniel Webster: "Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the
American Constitution should fail, there will be anarchy throughout the world."
Abraham Lincoln: ""We, the people are the rightful masters of both Congress and the courts not to overthrow the Constitution, but to overthrow men who pervert the Constitution."
James Madison: An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government.
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Thomas Jefferson: "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press."
BTW, what those "cops" did qualifies as terrorism against the American people:
28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
Does this sound familiar to anyone? Change a few words and it IS gun control.
SA Oberfuhrer of Bad Tolz, March, 1933: "All military type firearms are to be handed in immediately ... The SS,
SA and Stahlhelm give every responsible opportunity of campaigning with them. Therefore anyone who does not belong to one of the above-named organizations and who unjustifiably nevertheless keeps his weapon ... must be regarded as an enemy of the national government."
On the post: California Governor Shoots Down Warrant Requirement For Law Enforcement Drone Usage
"I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows: ____________________________________________
(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________ I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."
And no other oath, declaration, or test, shall be required as a qualification for any public office or employment.
"Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing."
Art 5 Exec, Sec 7: "The Governor is commander in chief of a militia that shall be provided by statute. The Governor may call it forth to execute the law."
Art 5 Exec Sec 13: "Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced…"
Art 7 Public Officers And Employees: SEC. 9. "Notwithstanding any other provision of this Constitution, no person or organization which advocates the overthrow of the Government of the United States or the State by force or violence or other unlawful means or who advocates the support of a foreign government against the United States in the event of hostilities shall:
(a) Hold any office or employment under this State, including but not limited to the University of California, or with any county, city or county, city, district, political subdivision, authority, board, bureau, commission or other public agency of this State; or
(b) Receive any exemption from any tax imposed by this State or any county, city or county, city, district, political subdivision, authority, board, bureau, commission or other public agency of this State."
On the post: California Governor Shoots Down Warrant Requirement For Law Enforcement Drone Usage
Re: Re:
On the post: California Governor Shoots Down Warrant Requirement For Law Enforcement Drone Usage
Re:
On the post: California Governor Shoots Down Warrant Requirement For Law Enforcement Drone Usage
Re: Re:
Just because a person serving within the government says that something is "law" does not make it so. It can be "color of law" (pretend law) and is enforced by those too dumbed down - or domestic enemies of the USA - to know what they swore to support and defend.
Just because a person in a uniform is willing to enforce something does not make it lawful or even legal. Nazi Germany had many who was willing to "just follow orders" or "just do their jobs", as had military and others here. They discovered that those are NOT acceptable defenses and were sentenced for their crimes.
Also, I believe that Election Fraud had much more to do with those people being "elected" to positions of power. That haws been proven to be true in Obama and H. Clinton's case.
On the post: California Governor Shoots Down Warrant Requirement For Law Enforcement Drone Usage
943 Supreme Court, West Virginia Board of Education Vs. Barnette 319 U.S. 624, Justice Robert H Jackson said:
“The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcomes of no elections.”
Let's see if Gov Brown's statement is true or false starting with the Preamble to the Bill of Rights:
"... THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, that FURTHER DECLARATORY AND RESTRICTIVE CLAUSES SHOULD BE ADDED: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. ..."
So this summary of the Bill of Rights says that "... to prevent misconstruction or abuse of its powers ..."
So who is to be prevented from misusing their "powers"? Our governments. Each state was guaranteed - and required to have - a Republican form of government, plus to support the US Constitution.
Amendment IV (Fourth): "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment IX (Ninth): "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment X (Tenth): "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So the 10th Amendment says that if a power is not expressly delegated to the federal (general) government, then it that power belongs to the states (state Constitution define the powers of those who serve within the state gov), or to the people.
The 9th Amendment says that not all of our natural rights our listed, but they are STILL PROTECTED by the US Constitution, the supreme law of this nation.
The amendments of the Constitution are not to be submitted to a vote. This means that the Congress does not have the power to pass laws concerning these rights. (Congress is the ONLY branch allowed to pass laws. Laws passed by anyone else is NOT a law, it is force and usurpation of legislative branch delegated powers)
Laws passed by the state cannot alter or change LAWFULLY our natural rights.
It is the enforcement of laws outside of the specific listed areas where they have do full jurisdiction within that area is where the subjugation of the American people to laws which those who serve within our government know/should know do not apply to citizens within the states unless they are on a base, etc.
Since the US Constitution says that all those that serve within our governments are forbidden to mess with the Bill of Rights in any way EXCEPT for in the ways specifically listed, Gov. Brown is acting unlawfully with that public comment with the veto. No warrantless searches, spying etc is allowed.
Article. IV. Section. 4: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;..."
Article. VI: "... This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."
This says that ALL state representatives are bound by Oath to support this Constitution.
That means the Bill of Rights applies to Governor Brown in the actions that he makes and the laws created within the state of California.
It is Perjury to not keep the Oath, plus a felony with a mandatory sentence, plus (depending) may qualify as terrorism under our laws (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”);
- 42 USC § 1983 - Civil action for deprivation of rights;
- Ca Government Code Section 19572. Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list: (s) Refusal to take and subscribe any oath or affirmation that is required by law in connection with the employment.;
- 5 U.S.C. 3331, provides the text of the actual oath of office the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees are required to take before assuming office.
- 5 U.S.C. 3333 requires the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law
- 5 U.S.C. 7311 which explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”.
- 18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.
- Etc.
Alexander Hamilton: "Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
James Madison: "Because if... [An Unalienable Natural Right of Free Men] be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves..."
Dr. Edwin Vieira: "Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power." (end Dr. Vieira quote)
”The Legislature, either by amending or otherwise, may not nullify a constitutional provision.” Rost v. Municipal Court of Southern Judicial District of San Mateo (1960)
"There can be no sanction or penalty imposed upon one because of his exercise of Constitutional rights.” Sherar v. Cullen, 481 F. 946
“Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” U.S. Supreme Court in Miranda v. Arizona, 380 U.S. 436 (1966)
“State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights.” Gross v. State of Illinois, 312 F 2d 257; (1963).
“Decency, security, and liberty alike demand that government officials be subjected to the same rules of conduct that are commands to the citizen. In a Government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Crime is contagious. If government becomes a lawbreaker, it breeds contempt for the law it invites every man to become a law unto himself and against that pernicious doctrine, this court should resolutely set its face.” Olmstead v U.S., 277 US 348, 485; 48 S. Ct. 564, 575; 72 LEd 944 U.S. versus Verdrigo-Urquidez, 110 S. Ct. 1056, 1060-61 (1990)
South v.Maryland/Bowers v. DeVito
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Re: The Constitution
The 2nd amendment doesn't really make sense today and should be replaced with something that prevents the government from outlawing anything it uses domestically. It would be a little bit complicated, because it would have to allow for regional things and it should allow for hunting in rural areas."
Actually it makes more sense today then ever. Read it, Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The problem is that you bought into the "new" interpretation of it which is incorrect (and NO, judges are not to "interpret" the US Constitution, but to see that it is followed.
It says that the Militia of the several states (that is us, "We the people") are necessary for freedom. Since the people are the Militia and might be needed at any time, they can and must bear arms.
George Washington: "A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies."
Why? Because those who serve within governments love power and always want more. Look at Obama, he gave himself First Degree Murder powers - assassination powers. Can he do that lawfully? NO! Shocked him as much as it did constitutionalists that the people were dumbed down enough to allow it.
Thomas Jefferson: "The law requires every militia-man to provide himself with arms usual in the regular service."
Joel Barlow said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
It has little to do with hunting, what it has to do with is:
- Enforcing the US Constitution and each state's Constitution,
- Enforcing and keeping the “Laws of the Union” (which is constitutional laws ONLY),
- Protecting the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
Who did you expect to "police" those who serve within our governments and the law enforcement? Themselves. Like that ever works. It is OUR duty, "We the People" read the preamble(s) again - if they allowed it they are here in another comment.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: The Constitution
Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Notice who it says does created it and why, "We the People of the United States". The idea was to create "a more perfect Union" by having the people take responsibility to hold accountable those who serve within our governments for the contract they agreed to and the PERSONAL guarantee that they will "Support and Defend it", except all who serve as US presidents who give their personal guarantee that they will Preserve, Protect and Defend" - all are required to follow it.
What are the PEOPLE responsible for doing, and using the TOOLS of government to do it/them?
1) Establish Justice,
2) Iinsure domestic Tranquility,
3) Provide for the common defence,
4) Promote the general Welfare, and
5) Secure the Blessings of Liberty to ourselves and our Posterity
Notice no where did it say that those who serve in ANY branch of our government are to do those things, but "We the people" are to do them.
Preamble to the Bill of Rights: "Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
What does the Bill of Rights do?
It protects our natural rights from those who serve within government. They are forbidden to do anything against the people EXCEPT in the manner described within the Bill of Rights or not at all. "... in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added..."
Notice the words "FURTHER" and "ADDED". They are saying that MORE restrictions were put on those who serve within the US government.
Amendment I: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
What does this say? How does it say it? It says that there can be NO LAW made restricting in any way those things listed - EVER, for any reason. That there is/are no such thing as "emergency powers" or "martial law" because they are the exact OPPOSITE of the US Constitution.
That those are unlawful here and actually terrorism against the US people (28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”).
The Supreme Court of the United States, 1866 - yes it IS valid, more valid then those serving today: "The Constitution of the United States is a law for rulers and people, EQUALLY in war and peace, and covers with the shield of its PROTECTION ALL CLASSES OF MEN, AT ALL TIMES, AND UNDER ALL CIRCUMSTANCES. NO DOCTRINE INVOLVING MORE PERNICIOUS CONSEQUENCES WAS EVER INVENTED BY THE WIT OF MAN THAT THAT ANY OF ITS PROVISIONS CAN BE SUSPENDED DURING ANY OF THE GREAT EXIGENCIES OF GOVERNMENT. Such a doctrine leads directly to anarchy or despotism."
James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves."
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
Dr. Edwin Vieira: "This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides... The government of the United States has never violated anyone’s constitutional rights...
The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights.
The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.
... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
And that applies to any (and all) governmental action outside of the Constitution...”
What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability..." (End Dr. Vieira quote)
Thomas Jefferson: “The government created by this compact (the Constitution) was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people of each state) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. HE DOES NOT DERIVE IT FROM THE STATE GOVERNMENT. IT IS ONE OF THE HIGH POWERS DELEGATED DIRECTLY TO THE CITIZENS, AND IS EXCEPTED OUT OF THE GENERAL POWERS OF GOVERNMENT. A LAW CANNOT BE PASSED TO INFRINGE UPON IT OR IMPAIR IT, BECAUSE IT IS ABOVE THE LAW, AND INDEPENDENT OF THE LAW MAKING POWER”
As I said, the problem is NOT the US Constitution, it is the deliberate "dumbing down" of Americans. If you read that you probably have a new idea of what the US Constitution means.
The First Amendment does not give us any rights, it PROTECTS them. The amendment is comprised of six limitations put on the government. It merely states what the government cannot do, and thus protects citizens rights from government infringement.
“Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
The six protections against government encroachment within the First Amendment are:
1. Congress shall make no law respecting an establishment of religion
2. Congress shall make no law prohibiting the exercise of religion
3. Congress shall make no law abridging the freedom of speech
4. Congress shall make no law abridging the freedom of the press
5. Congress shall make no law abridging the right of the people peacefully to
assemble
6. Congress shall make no law abridging the right to petition the government for a
redress of grievance.
Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are two governmental limitations stated in this amendment.
1. The citizens are to be secure in their person, home, papers, and property, from
unreasonable searches and seizure. In other words they have the privacy to go about their lives without worrying whether the government will invade them. This amendment was to ensure that the government does not trespass on the people nor take anything from the people without following correct legal procedure.
2. The government is restrained from taking either person or property without first
getting a warrant, and only after proving probable cause. Thisis only as valid if the judge is honest. There have been cases in which judges have signed blank warrants, and the details are not filled in until after serving the warrant.
This amendment (none of the Bill of Rights does) does NOT "grant" the people any Rights, but instead a limits or forbids those who serve within our government to ensure that they do not trespass beyond the listed powers assigned to them by the US Constitution.
A few more;
The First Amendment does not give us any rights, it PROTECTS them. The amendment is comprised of six limitations put on the government. It merely states what the government cannot do, and thus protects citizens rights from government infringement.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
The six protections against government encroachment within the First Amendment are:
1. Congress shall make no law respecting an establishment of religion
2. Congress shall make no law prohibiting the exercise of religion
3. Congress shall make no law abridging the freedom of speech
4. Congress shall make no law abridging the freedom of the press
5. Congress shall make no law abridging the right of the people peacefully to assemble
6. Congress shall make no law abridging the right to petition the government for a redress of grievance.
Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are two governmental limitations stated in this amendment.
1. The citizens are to be secure in their person, home, papers, and property, from unreasonable searches and seizure. In other words they have the privacy to go about their lives without worrying whether the government will invade them. This amendment was to ensure that the government does not trespass on the people nor take anything from the people without following correct legal procedure.
2. The government is restrained from taking either person or property without first getting a warrant, and only after proving probable cause. This is only as valid if the judge is honest. There have been cases in which judges have signed blank warrants, and the details are not filled in until after serving the warrant.
This amendment (none of the Bill of Rights does) does NOT "grant" the people any Rights, but instead a limits or forbids those who serve within our government to ensure that they do not trespass beyond the listed powers assigned to them by the US Constitution.
On the post: Apparently The Reason Comcast Has Crappy Customer Service Is Because It Was Lacking A 'Customer Experience' VP
Re:
We already have laws that (supposedly) STOP monopolies and cartels from being formed. But it does not good to have the laws if you have a treasonous scum running the agency in charge of making sure those things do NOT happen within the USA.
Supreme Court stated in Red Lion v. FCC in 1969: “It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the Government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC.”
On the post: NJ Town Proposes Law That Would Grant Law Enforcement The Right To Warrantlessly Search Houses To Find Underage Drinkers
Re: When even the NSA looks reasonable in comparison...
You are correct, but they are wrong. They would be correct in England, the nation we broke away from, or China, Japan, Russian, etc. But here in America, ALL people are created EQUAL, and that means that law enforcement as well as representatives are REQUIRED to be held accountable under our constitutional laws - no one is to be held accountable for unconstitutional laws, except if created in order to destroy or modify our Constitutional Republic, then it is considered terrorism:
28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
Alexander Hamilton: “Until THE PEOPLE HAVE, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act.”
On the post: NJ Town Proposes Law That Would Grant Law Enforcement The Right To Warrantlessly Search Houses To Find Underage Drinkers
NJ town...
A little education. We are a Constitutional Republic. The Constitution of the United States of America is our government in that it, and each state's Constitution, defines exactly what those who serve within our governments may do. The US Constitution even lists some things 100% forbidden to be changed, added to, destroyed by those who serve within our governments.
Preambles are a summary of what is in US Constitutions, plus a separate one for the Bill of Rights.
Take note of this section of the Preamble to the Bill of Rights:
"THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, that FURTHER DECLARATORY AND RESTRICTIVE CLAUSES should BE ADDED: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
What that says is that the Bill of Rights restricts those who serve within our governments from messing around with the Bill of Rights in any way, shape of form.
Amendment Four says exactly how a search is to be committed to be lawful or legal within the USA:
Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NOT BE VIOLATED, and NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED."
That is the ONLY lawful search ALLOWED within the USA. Law Enforcement as well as those who serve within our governments are under contract to do those things exactly and ONLY as listed. Anything else is forbidden to them. Those who serve within our governments are NOT ALLOWED TO GIVE THEMSELVES MORE POWERS.
“Lawful”: in accordance with the law of the land; according to the law; permitted, sanctioned, or justified by law. Ex: Constitution of the United States of America, state Constitutions.
“Legal”: Can be the “color of law”, “appearance of law”, “pretense of law without the substance of lawfulness”, “misuse of power made possible only because wrongdoer is clothed with authority of state”.
Dr. Edwin Vieira: "... What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion.
But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability."
*Sidenote, off topic: There is also no such thing as "assassination powers" which is First Degree Murder. No such thing as "martial law" or "emergency powers" since it was the Supreme courts “gave” “emergency powers”, though it was not, and still is not, a power(s) granted to them to give or use.
Thomas Jefferson: “The government created by this compact (the Constitution) was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people of each state) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
This -> Alexander Hamilton: "Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
This is what is going on within our governments currently.
They can create all the "laws, etc they want, but if they do not follow the US Constitution they are usurpations and NOT lawful here within America.
James Madison: “The ultimate authority resides in the people, and that if the federal government got too powerful and overstepped its authority, then the people would develop plans of resistance and resort to arms.”
Federalist 57, James Madison wrote that Congress "can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society."
On the post: NSA Agent Is Oh So Shy About Being Filmed/Questioned In Public
Re: legano, no legano ... is grey area
One, not one person who serves within our governments, whichever branch and duties apply to them are to pass something that they do not know for a FACT is constitutional. That is their duty, their OATH, their personal responsibility because of that Oath to make sure that all things that pass, are used as binding on the people are constitution BEFORE being implemennted.
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
It matters not what the courts decide, they were never given the duty to "interpret" the US Constitution, they were given the duty to see that all things are "in Pursuance thereof", follows, the US Constitution, the supreme law of THIS land. The courts gave themselves that "power" (interpreting the US Constitution) which is usurpation.
Tucker’s Blackstone, Volume I, Chapter 1 regarding how the Oath applies to the judiciary: “But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the supreme law of the land, the U.S. Constitution.
Now this is a positive law, fixed and established by custom, which custom is evidenced by judicial decisions; and therefore can never be departed from by any modern judge without a breach of his oath and the law. For herein there is nothing repugnant to natural justice;...”
The judicial branch of the federal government is not in place to “interpret” the Constitution of the United States of America, but to decide if a law, bill, treaty, case is IN PURSUANCE THEREOF – they are to make sure that they are following the US Constitution.
Article 5: “... This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Thomas Jefferson: “…To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps…and their power is more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such tribunal, knowing that to whatever hands confided, with the corruption of time and party, its members would become despots….”
James Madison: “But it is objected, that the judicial authority is to be regarded as the sole expositor of the Constitution in the last resort"
John Marshall: Opinion as Chief Justice in Marbury vs. Madison, 1802: "The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument."
James Madison, Federalist 46: “The Foederal and State Governments are in fact but different agents and trustees of the people, instituted with different powers, and designated for different purposes... They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone; and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expence of the other. Truth no less than decency requires, that the event in every case, should be supposed to depend on the sentiments and sanction of their common constituents.”
Any law, bill treaty, etc that is not in Pursuance thereof the US Constitution is "Null an Void".
This by Madison does a pretty good summary of what the duties are of those who serve within our governments.
James Madison:
"Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves..."
On the post: The Miraculous Works Of The Criminal Justice System
Re: comment
Actually there is a way. Know the US Constitution and the Constitution of the state you live in. Enforce them.
Why would knowing them reverse what is going on today? Because people had to have that knowledge "wiped" from their minds over decades of "progressive schooling, propaganda, subliminals so that they would accept what is going on as "normal" and that "We" cannot do anything about it.
First, WHO was assigned the duties to:
- Enforce the US Constitution and each state's Constitution,
- Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
- Protect the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
The US Constitution guarantees to each state its own “Republican form of government”. It is every state's Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.
Who is the Militia of the several states? Lets let the founders and framers answer that one:
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Thomas Cooley: “The right is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. . . . If the right were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for that purpose”.
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
So if "We the people" were the enforcers, what happened, and how did we get a governmental professional law enforcement to take over and do OUR duties (and be in place to be used against us)?
Dr Edwin Vieira states it so well in his book “Constitutional “Homeland Security” Volume 1: the Nation in Arms”: “That means "that NONE of those tasks are assigned to the Army, to a Navy, to a (constitutionally unknown) National Guard, or least of all to any unnamed professional police, security, or intelligence agencies of the General Government or of any state or locality. Rather, the Constitution's explicit emphasis on the Militia as the preeminent forces..."
The duty of US citizens to enforce the law was - still is - a duty assigned to the people by the US Constitution. Here in our constitutional republic LEAs – state and fed – have NO constitutional basis for existence. They were created to destroy the Militia of the several states and to bring dependence of the people upon “government”.
The “concept” for governmental professional law enforcement comes from England. Our country had cut its ties with England to develop our own form of government with LESS governmental involvement in the affairs of the people, but some factions still worked to put us back under government control. The “new” law enforcement was incorporating MORE government into the affairs of the people explicitly against the US Constitution as is found in England.
What is also interesting is that Joseph Stalin in 1933 said, ”The United States should get rid of its militias”. Those serving within our governments proceeded to do exactly that. The Militias, who are us, the people, enforcing the US Constitution, each state's Constitution was a danger to the destruction of the USA. I suspect not only because of being part of the Militia, but because to be in the Militia required training, and that made the USA dangerous to attack when most everyone was trained.
The ONLY legality the LE’s have as our Militia replacements is WHEN they keep the OATH to support and defend the US Constitution and their state Constitution. Anything else voids their "authority", and the only lawful "authority" they have then is the same ones gangs use - force.
When our governments began to destroy each state’s Militia and to delegate their law enforcement duties to governmental professional law enforcement – federal and state, the *laws were relaxed to allow police to execute “warrantless felony arrests” based upon information received from 3rd parties – think of it as allowing rumors to cause warrantless arrests. (*actually “color of law”, “pretend laws” since ALL laws MUST be in Pursuance thereof the US Constitution) Then governmental professional LE’s could no longer be required to be “right” all of the time since it was NOT BASED ON FACTS, so the rule of strict liability for false arrest was “lost” (taken away from the people).
This loss of ‘actual guilt’ rather then the now perceived that “might be guilty”, when combined with greater deference to the state in most law enforcement matters, has reversed the original intent and purpose of American law enforcement THAT THE STATE ACT AGAINST THE REQUIRED CONSTITUTIONALLY DESIGNATED LIMITATIONS AND AT ITS OWN PERIL. Because arrest has now become the near exclusive province of governmental professional police instead of the Militia of the several states, Americans now have less assurances that they are free from unreasonable arrests or unreasonable deaths.
The modern disparity between the rights and powers of police and citizen shows up most in the modern law of "resisting arrest". Any US citizen was privileged to resist arrest if probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed as individual liberty is the bedrock of our constitutional republic. It wasn't that long ago that the United States Supreme Court held that it was permissible (or defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause. Officers who executed an arrest without proper warrant were themselves considered trespassers, and the owners had a right to violently resist (or even assault and batter) an officer to evade such an unlawful arrest.
Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations by law enforcement. Even other people who stepped in to assist those being arrested unlawfully were protected under the US Constitution from prosecution.
By the 1980s many states had eliminated the common law right of resistance for the people in order to make it easier for professional governmental law enforcement to do the work of the state, plus criminalized the resisting of arrest or anything else by the general populace of any "officer" acting in his official capacity. Then they eliminated the requirement that an arresting officer present his warrant at the scene, PLUS decreased the number and types of arrests for which a warrant is required. They were destroying the basis of our legitimate government, and the level of protection given to us by, put into place within the US Constitution and state Constitutions by the Framers.
The right to resist unlawful arrest IS still a constitutional one. It stems from the right of every person to his bodily integrity and liberty of movement, which are among the most fundamental of all natural rights. Substantive due process principles require that the government interfere with such a right ONLY to further a compelling state interest — and the power to arrest the citizenry unlawfully can hardly be characterized as a compelling state interest. The advent of governmental professional policing has endangered important rights, lives, and property of the American people. This" changing balance of power" between police and private citizens now revels itself by the unlawful power of modern police to easily use violence against the population, and to use unlawful arrest techniques with no consequences.
Probably more then you wanted to know, but still VERY important that it IS known by the general populace here within the USA.
On the post: FISA Court Twists PATRIOT Act To Pretend It's Okay To Spy On Americans Based On Their Constitutionally Protected Speech
Re: "What good are rights, ..."
The US Constitution is (basically) the main part of our government, the people who are elected, hired, temporary, contract, volunteers, interns, etc are there to carry out the duties assigned to the branch they are occupying. That is why they are "servants", "serve", etc; admittedly some are very high priced and have an inflated ego the size of Jupiter.
We are a Constitutional Republic, we have two governments that have different duties to carry out - the general (federal) is to deal with mostly foreign affairs and to see that the states trade fairly with each other.
Madison, the “Father of the Constitution”: “The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.”
Justice Sandra Day O’Connor put it this way: "The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: “Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.”
Alexander Hamilton: “... a treaty cannot be made which alters the Constitution or which infringes any express exceptions to the power of the Constitution of the United States.”
Alexander Hamilton: “The only constitutional exception to the power of making treaties is, that it shall not change the Constitution... On natural principles, a treaty, which should manifestly betray or sacrifice primary interests of the state, would be null.”
“The rule of law is not for the protection of the guilty, but for protection from government violations of individual rights.”
The opinion in Mack and Printz v. United States stated, “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service–and at no cost to itself–the police officers of the 50 States…Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”
Natural Rights are ours from birth, and the US Constitution and each state's Constitution PROTECTS them from those who serve within our governments.
The problem is that most Americans do not know what our government is, have been taught incorrectly concerning it, and that our RECENT ancestors gave up the Militia that we ALL are a part of.
The Militia, us - you, you, and you, and me - are constitutionally assigned the duties to be armed, trained, and always ready to defend our families, neighbors, counties, states and our nation from enemies both domestic and foreign. Each state's Militia is made up of “We the People” protecting our own interests, homes, states, nation, and enforcing our governments. The Militia has as its constitutionally assigned duties to:
- Enforce the US Constitution and each state's Constitution,
- Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
- Protect the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
The US Constitution guarantees to each state its own “Republican form of government”. It is every state's Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.
The US Constitution refused to let our governments create their own law enforcement, and limited the (standing) military to ONLY when the congress declares war, and when needed to defend our nation from attack - which is not acceptable to the Military Industrial complex since it limits their power.
Stalin, in 1933 said: ”The United States should get rid of its militias”. Those serving within our governments (not all of them) started doing just that.
Constitution of the United States of America, Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Key words are "of the United States of America, Second Amendment: "A well regulated Militia, being necessary to the security of a free State" which is "We the People" guarding our own freedom, enforcing our constitutions - federal and state, and defending our nation which stops most corruption of those who serve within our governments.
The US Constitution and all that is “in Pursuance thereof” it, as the supreme (highest) law of this land in the areas where it was given jurisdiction says that “We” (as the Militia of the several states) are personally responsible for maintaining and protecting the US Constitution, each state's Constitution, and seeing to their enforcement against ALL foes - domestic and foreign. “We” are the ones responsible for enforcing the laws of this land, and are charged with it's defense plus the defense of our homes, neighborhoods, cities, counties, states, and country.
It says it here within the Constitution of the United States of America:
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
The congress has the duty to grant Letters of Marque and Reprisal when they are needed to enforce the US Constitution, the laws, or defend the people and the nation. This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 12 specifies that there shall be no military beyond that of two years. The Militia of each state is charged with our nations defense here within the USA until and unless the congress has declared war and a “standing” military is raised:
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”.
The money that the congress has illegally spent beyond the lawfully allowed time of two years for the support of a “standing military” was/and still is a misappropriation of funds (the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official...). It is a felony, a crime against the American people.
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years” is really straightforward, and no “misunderstanding” of the words can be used as an excuse for disobeying that lawfully required duty. The members of congress can be, and should be, held personally responsible for that breach of trust. That is correct, they must pay back the funds used unlawfully out of their personal accounts.
There can lawfully be no (NO!) standing army except in times of war, and ONLY the congress can lawfully declare war under the contract they get their duties and powers from.
War must be declared by congress in order to be a lawful war that our US military are used to fight in, it must be in defense of our nation ONLY which is why so many lies were used as excuses to get us into wars. Since they were not, and are not, lawfully declared wars, ALL who died on all sides make that mass murder, etc that those who serve within our government had a hand in and MUST be fully prosecuted for.
War cannot lawfully be "declared" against a tactic such as the "war against terror" or the "war against drugs"; both are not wars and not even the congress can declare a war against a tactic.
*War defined: 'Open and declared conflict between the armed forces of two or more states or nations'. http://legal-dictionary.thefreedictionary.com/war
Clause 12 was put in as a lawfully assigned duty of congress because, as James Madison, the Father of the US Constitution warned: “No nation could preserve its freedom in the midst of continual warfare”.
Rep. Elbridge Gerry of Massachusetts, floor debate over the 2nd Amendment, I Annals of Congress: “What, Sir, is the use of a militia? It is to PREVENT THE ESTABLISMENT OF A STANDING ARMY, the bane of liberty….”
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16. Yes, those weapons and vehicles the military have been giving to terrorists - many still fighting against our soldiers, foreign nations, and governmental professional law enforcement are being done illegally.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
"Within 100mi of the US Border?"
Wrong, that is a lie. The US Constitution, our government applies everywhere, even in the oceans that are under US jurisdiction. That is called terrorism: 28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
And it is also Treason against the USA and her people.
"3 degrees of separation from someone who is a suspected terrorist"
That is another lie, they are doing the exact same thing here in the USA that Hitler did in Constitutional Germany in the past.
Right do apply, but the people MUST know and understand our government, and it IS OUR government - but the servants within it are trying to take over.
There is a reason that George Washington said this:
"A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies." George Washington
Not only were we the people to be armed and trained on every weapon used by those who might attack us, but we were to make sure we could create them ourselves so that those who serve in the governments of our nation could not "take over" - either for themselves or for a foreign entity or nation.
Americans were not as well-armed as Jefferson wished. The only book Jefferson ever wrote was Notes on the State of Virginia (1782), in which he explained the arms shortage that had developed during the Revolutionary War:
"The law requires every militia-man to provide himself with arms usual in the regular service. But this injunction was always indifferently complied with, and the arms they had have been so frequently called to arm the regulars, that in the lower parts of the country they are entirely disarmed."
We let this happen, and it is going to cost us deary to repair the damage, but we will see to it that no one after us will ever TRUST those who are put into office.
Understand this, there is NO such thing as "emergency powers" or "marital law". They are the exact opposite of what our government is and requires of those who serve within it.
The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism." The Supreme Court of the United States
"Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves, James Madison
"Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume." Judge Thomas M. Cooley
Basically as Dr. Edwin Vieira says: “This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides...
The government of the United States has never violated anyone’s constitutional rights...
The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.
... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
And that applies to any (and all) governmental action outside of the Constitution...”
What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability. (end Dr. Vieira quote.)
Proof in the words of our founders and others of the time;
Thomas Jefferson, 1st inaugural, explained that: "a well-disciplined militia" is "our best reliance in peace and for the first moments of war, till regulars may relieve them" and also a guarantee of "the supremacy of the civil over the military authority; [and] economy in the public expense."
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge, wrote of the Second Amendment: “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” (The Supreme Court has cited Tucker in over forty cases, in the major cases of virtually every Supreme Court era.)
Samuel Adams: “Under every government the last resort of the people, is an appeal to the sword; whether to defend themselves against the open attacks of a foreign enemy, or to check the insidious encroachments of domestic foes. Whenever a people ... entrust the defence of their country to a regular, standing army, composed of mercenaries, the power of that country will remain under the direction of the most wealthy citizens.
And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions”.
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them.”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
William Rawle, whose work was adopted as a constitutional law textbook at West Point and other institutions, and was United States Attorney for Pennsylvania, describes the scope of the Second Amendment's right to keep and bear arms:
“The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”
Justice Story, Associate Justice, Supreme Court wrote: “The next amendment is: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”.
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
Tench Coxe, ‘Remarks on the First Part of the Amendments to the Federal Constitution’, in the Federal Gazette, June 18, 1789, on the Second Amendment where he asserts that it's the people with arms, who serve as the ultimate check on government:
“As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms”.
James Madison, Federalist 46 wrote: “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation...”
Alexander Hamilton, Federalist 28: “ there exists a right of self-defense against a tyrannical government, and it includes the people with their own arms”
“If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government... if the persons intrusted with supreme power become usurpers... The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair… The people, without exaggeration, may be said to be entirely the masters of their own fate... If their rights are invaded... How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized! (being armed)“
Joel Barlow said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Daniel Webster: “Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents and parents from their children, and compel them to fight the battles of any war in which the folly and wickedness of the government may engage itself? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest right of personal liberty? Who will show me any Constitutional injunction which makes it the duty of the American people to surrender everything valuable in life, and even life, itself, whenever the purposes of an ambitious and mischievous government may require it?"
“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.” John Adams
Representative Jackson, first U.S. Congress, when it met and turned to defense measures in 1791: “The inhabitants of Switzerland emancipated themselves by the establishment of a Militia, which finally delivered them from the tyranny of their lords.”
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.
Andrews v. State explains, this "passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights."
Nunn vs. State:'The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.
Bliss v. Commonwealth: “Arms restrictions - even concealed weapons bans - are unconstitutional, since arms bearing is an individual right and the legislature may not restrict any aspect of such a right.”
Black's Law Dictionary, 3rd Edition: The body of citizens in a state, enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army.
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
Kentucky Revised Statutes: “The Governor is hereby authorized to enlist, organize, maintain, equip, discipline and pay when called into active field service a volunteer state defense force other than the National Guard...
James Madison: "An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government."
John Norton Pomeroy: The object of this clause [the right of the people to keep and bear arms] is to secure a well-armed militia.... But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms.
Noah Webster: Another source of power in government is a military force. But this, to be efficient, must be superior to any force that exists among the people, or which they can command; for otherwise this force would be annihilated, on the first exercise of acts of oppression. Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed..."
State Gazette (Charleston): "No free government was ever founded or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state.... Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen."
On the post: The FBI's Criminal Database Is Filling Up With Non-Criminals And No One In Law Enforcement Seems To Care
Re:
No, they are just kicking in your doors, killing your dogs, injuring and killing the children and elderly, raping women, murdering innocent people in their own homes all of which is against our laws.
No knocks are FORBIDDEN by the US Constitution. Since the US Constitution did NOT give any of our governments the authority to create governmental professional law enforcement the ONLY lawful authority the LE's have is when they keep that Oath. The US Constitution assigns those duties to the PEOPLE as the Militia so that we would protect our freedoms, hold those who serve accountable for their actions, enforce the Constitutions - federal and state.
THIS is the ONLY lawful way arrests can be carried out HERE in the USA, nothing else is allowed for;
Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
As Dr Edwin Vieira states in his book “Constitutional “Homeland Security” Volume 1: the Nation in Arms”: “That means "that NONE of those tasks are assigned to the Army, to a Navy, to a (constitutionally unknown) National Guard, or least of all to any unnamed professional police, security, or intelligence agencies of the General Government or of any state or locality. Rather, the Constitution's explicit emphasis on the Militia as the preeminent forces by politicians of a garrison, "national-security", or police state..."
There is no such thing as "emergency powers" or "martial law" here in the USA as they are the exact opposite of the US Constitution and all in Pursuance thereof it.
James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves"
"The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism." The Supreme Court of the United States
Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."
Dr. Edwin Vieira, Jr: ... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed".
And that applies to any (and all) governmental action outside of the Constitution...
What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability."
Professional police as we know them today originated in American cities during the second quarter of the nineteenth century, when municipal governments drafted citizens to maintain order. Toward the end of the nineteenth century, police forces took on the role of crime-fighting. The goal of maintaining public order became secondary to chasing lawbreakers. The police cultivated a perception that they were public heroes who "fought crime" in the general, rather than individual sense.
This "new" role followed the law enforcement model developed in England. Our country had cut its ties with England to develop our own form of government with LESS governmental involvement in the affairs of the people. The "new" law enforcement was incorporating MORE government into the affairs of the people against the US Constitution as is done in England.
“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?” Supreme Court Justice Ruth Bader Ginsburg
Under the common law, there was no difference whatsoever between the privileges, immunities, and powers of constables and those of private citizens. Professional governmental law enforcement faced the same liabilities — civil and criminal — as everyone else under identical circumstances.
When the people of the USA started letting their representatives delegate their constitutionally required law enforcement duties to the professional governmental law enforcement, the laws were then relaxed to allow police to execute warrantless felony arrests upon information received from 3rd parties. Since the information received could not be confirmed, the Professional governmental law enforcement could no longer be required to be "right" all of the time, so the rule of strict liability for false arrest was lost.
The modern disparity between the rights and powers of police and citizen shows up most in the modern law of "resisting arrest". Any US citizen was privileged to resist arrest if probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed as individual liberty is the bedrock of our constitutional republic. It wasn't that long ago that the United States Supreme Court held that it was permissible (or defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause. Officers who executed an arrest without proper warrant were themselves considered trespassers, and the owners had a right to violently resist (or even assault and batter) an officer to evade such an unlawful arrest.
Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations. Even any third-party person who voluntarily assisted were lawfully able to forcibly liberate wrongly arrested persons from unlawful custody.
By the 1980s many states had eliminated the common law right of resistance for the people in order to make it easier for professional governmental law enforcement to do the work of the state, plus criminalized the resisting of arrest or anything else by the general populace of any "officer" acting in his official capacity. Then they eliminated the requirement that an arresting officer present his warrant at the scene, PLUS drastically decreased the number and types of arrests for which a warrant is required. Basically destroying the basis of our legitimate government, and the level of protection given to us by, and put into place by the Framers into the US Constitution and state Constitutions.
The right to resist unlawful arrest IS a constitutional one. It stems from the right of every person to his bodily integrity and liberty of movement, which are among the most fundamental of all natural rights. This" changing balance of power" between police and private citizens now revels itself by the unlawful power of modern police to easily use violence against the population, and to use unlawful arrest techniques with no consequences. Just because something is called a "law" or a "bill" does not make it so. There are many "color of law", "pretend" laws that are being unlawfully enforced today.
On the post: Police Militarization, Citizen Journalism And The Suppression Of Free Speech: The Ferguson Fiasco Highlights Systemic Problem
Re: Militia's
The US Constitution does NOT recognize or authorize a governmental professional law enforcement - federal or state precisely because they are always used against the people.
That "'wacko conspiracy types' you refer to is not only recognized by the SUPREME law of this nation but it is the ONLY governmental agency that is given the duties to:
- Enforce the US Constitution and each state's Constitution,
-Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
-Protect the country against all enemies both domestic and foreign, and
-“to suppress Insurrections and repel Invasions”.
It is NOT to governmental professional law enforcement that those military grade weapons are REQUIRED to go to to train with and on, anymore then they are to be handed out to foreign terrorists and nations.
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Thomas Jefferson, 1st inaugural, explained that: "a well-disciplined militia" is "our best reliance in peace and for the first moments of war, till regulars may relieve them" and also a guarantee of "the supremacy of the civil over the military authority; [and] economy in the public expense."
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge, wrote of the Second Amendment: “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” (The Supreme Court has cited Tucker in over forty cases, in the major cases of virtually every Supreme Court era.)
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe"; and American whose political writings were debated on the floor of Parliament said of the US Constitution: "… not only permitting every man to arm, but obliging him to arm.”
Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."
Nunn vs. State:'The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.
Andrews v. State explains, this "passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights."
Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.
Thomas J. Jackson: “The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.”
Thomas Jefferson:“Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.”
James Madison: "An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government."
James Madison: "... large and permanent military establishments ... are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark."
John Norton Pomeroy: "The object of this clause [the right of the people to keep and bear arms] is to secure a well-armed militia.... But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms."
State Gazette (Charleston): "No free government was ever founded or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state.... Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen."
You, armed or not, trained or not, ARE the Militia of your state.
On the post: Whistleblowers Should Be Allowed A 'Public Accountability' Defense
Re: Re:
- Enforce the US Constitution and each state's Constitution,
- Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
- Protect the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
To us as the TRAINED Militia of the several states. When the governmental professional law enforcement replaced us the Oath they are required to take, since they are not constitutionally recognized, as our replacements their FIRST duties are to:
- Enforce the US Constitution and each state's Constitution,
- Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
- Protect the country against all enemies both domestic and foreign, and
- “to suppress Insurrections and repel Invasions”.
If they refuse to do so, then we MUST replace them with the organized (trained) Militias of the several states to KEEP our freedom and our sovereignty.
US Constitution assigns those duties to us which is why we are REQUIRED to be armed and TRAINED here:
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.
This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves …"
George Mason, Co-author of the Second Amendment: "I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them."
Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control ... The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them..”
Patrick Henry: "If you have given up your militia, and Congress shall refuse to arm them, you have lost every thing. Your existence will be precarious, because you depend on others, whose interests are not affected by your infelicity."
William Rawle, whose work was adopted as a constitutional law textbook at West Point and other institutions, and was United States Attorney for Pennsylvania, describes the scope of the Second Amendment's right to keep and bear arms:
“The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”
Justice Story, Associate Justice, Supreme Court wrote: “The next amendment is: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”.
Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American...The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”
U.S. Constitution: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, OR IN THE MILITIA, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
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