".. the Espionage Act, which the Obama Administration has used more than twice as many times as all previous administrations combined, is terrible in part because there is no whistleblowing defense"
Yet the supreme LAW of THIS land that all MUST be "in Pursuance thereof" to be lawful here says in the Bill of Rights which is unalienable says that " "In all criminal prosecutions...". The word "ALL" means every single one regardless if military or civilian courts:
Amendment VI: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
For those of us who still labor under the conviction that the U.S. Constitution is the supreme law of the land, it must be observed that the only crimes assigned to the federal government in the Constitution for law enforcement purposes are Treason, Piracy, Counterfeiting, and International law violations. That’s it! All other law enforcement matters are the purview of the individual states, according to the Tenth Amendment. http://www.newswithviews.com/baldwin/baldwin800.htm
"... the state that elected and consistently RE-ELECTED ..."
Two words, Election Fraud. What makes you think that Pelosi, Brown, etc were elected by the people instead of being put into position?
It has been that way in most states, but California had to be controlled the most as it can feed the world. Destroy the food supplies and restrict water and you have obedient slaves or democide.
You are incorrect. Governmental professional law enforcement agencies have no lawful expectation of privacy here in the USA. In China, Russia, Japan, etc they can do what they want. Here they are now TRYING to do what they want and are being used as the first wave to DESTROY our legitimate government and our nation.
There is NO authority give to our governments to have created a governmental professional law enforcement. The US Constitution does NOT recognize governmental professional law enforcement which is why the ONLY lawful authority they have here in the USA is the OATH they are REQUIRED to take and keep. When they do not do that they are committing an act of terrorism against the US people under 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”.
You see, they took over OUR constitutionally mandated requirement to train as the Militia of the several states and 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”.
Around the 1930's those serving within our government started pushing for governmental professional law enforcement for "our own good". Also, at this time is when Joseph Stalin in 1933 said, ”The United States should get rid of its militias”.
We did.
The drafters of the Declaration of Independence had experience of the use of a standing army to oppress the people. They knew that a standing army is a tool of government and can be used by that government to enforce its rule in defiance of the wishes of the people. Because a standing army is usually distanced from the people, and its members are usually not from the locality in which they are stationed there is not a relationship with the locals making their use against the local population much easier.
Yes, governmental professional law enforcement is a standing army.
Understanding the 2nd Amendment is important. 2nd Amendment, Bill of Rights: '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.'
"A well regulated Militia, being necessary to the security of a free State" means that when the people are doing the duties assigned to them as the Militia we will always have our freedoms, and be relatively free from corruptness within our governments since it is OUR assigned duty to see to it that those who serve within them are constitutional in action or removed, and charged with crimes where it applies.
From the framers and others of that period who tried to give us the way to keep our nation free; and for us to make sure that EVERY person was equal in standing, with the right to create the life that they wanted instead of what we have today:
"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
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.)
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: “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: 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: “... 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.”
Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe” said of the US Constitution: "… not only permitting every man to arm, but OBLIGING him to arm.” (caps are mine)
Early American Caselaw;
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”.
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.”
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."
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."
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, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive."
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."
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 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions."
This clause shows that 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.
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."
"It's why you can't fly a drone over the White House or why you can't fly a drone over an airport."
No, Washington DC was given to the federal government by the states so that it would be neutral in behavior, not favoring one state over another. It is those who serve within the federal government's property while they serve and under their laws except they are REQUIRED to support and defend the US Constitution.
Article One, Section 8, Clause 17 states, Congress has the power: "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States (Washington DC), and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."
They have no LAWFUL expectation of privacy when using a citizen paid for building, using vehicles paid for by the citizenry, salaries paid for by the citizenry, etc.
Actually all modern federal and state law enforcement agencies violates our constitutional republic's most firmly held conceptions of criminal justice which was written into the Constitution of the United States of America. Law enforcement under our legitimate government was a duty of every citizen, not the duties of professional governmental law enforcement which is the direct opposite of a limited government - each state's Militia.
It was set up this way to protect the peoples liberty and natural rights, and to hold those who serve within the governments accountable to the people by the people. There is a reason that the Preamble to the US Constitution starts with: “We, the people of the United States... do ordain and establish this constitution for the United States of America.
As Dr Edwin Vieira states 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 by politicians of a garrison, "national-security", or police state... So those bound by Oath who "knowingly, with willful blindness, or in reckless disregard of the consequences of his/her action" votes for an unconstitutional act, bill, etc; when a "President or state governor refuses to veto it and instead executes it; or when a Judge, either of the supreme and inferior courts of the general government, or of any state knowingly declares such a statute valid and enforceable - each and every one of them violates his oath of office....” (End Dr. Vieira quote)
This growing power differential goes against the principles of equal citizenship that is the bedrock of this nation. The great principle of the American Revolution was, after all, the doctrine of limited government. Advocates of the Bill of Rights saw the chief danger of government as the inherently aristocratic and disparate power of government authority, so wrote in immunities (natural rights) of the people from those in government overreaching themselves against the people. Constitutions - state and federal - specify the principle that all men are "equally free" and that all government is derived from the people.
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 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, and put into place by the Framers into the US Constitution and state Constitutions.
“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,
The right to resist unlawful arrest IS a constitutional one. It stems from the right of every person to his/her own bodily integrity/health and his/her liberty of movement, which are among the most fundamental of all natural rights.
The treatment of law enforcement in the courts shows that the law itself of crime control has hugely changed. 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 were literally and figuratively clothed in the same garments as everyone else and faced the same liabilities — civil and criminal — as everyone else under identical circumstances.
When the USA started delegating 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 from 3rd parties (heresay)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.
This deprived Americans of the certainty of guilt when warrantless arrests are committed against the populace. Plus judges now only consider only if there was "reasonable grounds" to suspect a person because of 3rd party information not being able to be confirmed, rather than "actual guilt" in committing a crime by those doing the (illegal here) warrantless and no knocks on peoples homes.
This, combined with greater deference to the "state" in most law enforcement matters has reversed and gone against the Supreme LAW of our land that they all are sworn to support and defend and all must be in Pursuance thereof it.
It has reversed the original intent and purpose of American law enforcement that the state act against stern limitations and at its own peril.
Americans now have fewer assurances that they are free from unreasonable or unlawful arrests, and no way to recover the damages caused from false arrests under the "color of law" being perpetuated on the people.
On the post: Whistleblowers Should Be Allowed A 'Public Accountability' Defense
Re: Double Standard
It IS up to us to actually use our brains.
On the post: Whistleblowers Should Be Allowed A 'Public Accountability' Defense
Yet the supreme LAW of THIS land that all MUST be "in Pursuance thereof" to be lawful here says in the Bill of Rights which is unalienable says that " "In all criminal prosecutions...". The word "ALL" means every single one regardless if military or civilian courts:
Amendment VI: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
For those of us who still labor under the conviction that the U.S. Constitution is the supreme law of the land, it must be observed that the only crimes assigned to the federal government in the Constitution for law enforcement purposes are Treason, Piracy, Counterfeiting, and International law violations. That’s it! All other law enforcement matters are the purview of the individual states, according to the Tenth Amendment.
http://www.newswithviews.com/baldwin/baldwin800.htm
On the post: Bad Idea: California Legislature Passes Bill To Mandate Mobile Phone Kill Switches
Re: SWEET!
Two words, Election Fraud. What makes you think that Pelosi, Brown, etc were elected by the people instead of being put into position?
It has been that way in most states, but California had to be controlled the most as it can feed the world. Destroy the food supplies and restrict water and you have obedient slaves or democide.
On the post: Los Angeles Police Develop Sudden Privacy Concerns When Someone Flies A Drone Over Their Parking Lot
Re:
There is NO authority give to our governments to have created a governmental professional law enforcement. The US Constitution does NOT recognize governmental professional law enforcement which is why the ONLY lawful authority they have here in the USA is the OATH they are REQUIRED to take and keep. When they do not do that they are committing an act of terrorism against the US people under 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”.
You see, they took over OUR constitutionally mandated requirement to train as the Militia of the several states and 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”.
Around the 1930's those serving within our government started pushing for governmental professional law enforcement for "our own good". Also, at this time is when Joseph Stalin in 1933 said, ”The United States should get rid of its militias”.
We did.
The drafters of the Declaration of Independence had experience of the use of a standing army to oppress the people. They knew that a standing army is a tool of government and can be used by that government to enforce its rule in defiance of the wishes of the people. Because a standing army is usually distanced from the people, and its members are usually not from the locality in which they are stationed there is not a relationship with the locals making their use against the local population much easier.
Yes, governmental professional law enforcement is a standing army.
Understanding the 2nd Amendment is important. 2nd Amendment, Bill of Rights: '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.'
"A well regulated Militia, being necessary to the security of a free State" means that when the people are doing the duties assigned to them as the Militia we will always have our freedoms, and be relatively free from corruptness within our governments since it is OUR assigned duty to see to it that those who serve within them are constitutional in action or removed, and charged with crimes where it applies.
From the framers and others of that period who tried to give us the way to keep our nation free; and for us to make sure that EVERY person was equal in standing, with the right to create the life that they wanted instead of what we have today:
"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
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.)
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: “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: 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: “... 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.”
Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe” said of the US Constitution: "… not only permitting every man to arm, but OBLIGING him to arm.” (caps are mine)
Early American Caselaw;
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”.
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.”
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."
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."
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, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive."
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."
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 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions."
This clause shows that 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.
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."
On the post: Los Angeles Police Develop Sudden Privacy Concerns When Someone Flies A Drone Over Their Parking Lot
Re: Re:
No, Washington DC was given to the federal government by the states so that it would be neutral in behavior, not favoring one state over another. It is those who serve within the federal government's property while they serve and under their laws except they are REQUIRED to support and defend the US Constitution.
Article One, Section 8, Clause 17 states, Congress has the power: "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States (Washington DC), and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."
That is the difference.
On the post: Los Angeles Police Develop Sudden Privacy Concerns When Someone Flies A Drone Over Their Parking Lot
Re: kenichi tanaka, "... LAPD is quite correct"
They have no LAWFUL expectation of privacy when using a citizen paid for building, using vehicles paid for by the citizenry, salaries paid for by the citizenry, etc.
Actually all modern federal and state law enforcement agencies violates our constitutional republic's most firmly held conceptions of criminal justice which was written into the Constitution of the United States of America. Law enforcement under our legitimate government was a duty of every citizen, not the duties of professional governmental law enforcement which is the direct opposite of a limited government - each state's Militia.
It was set up this way to protect the peoples liberty and natural rights, and to hold those who serve within the governments accountable to the people by the people. There is a reason that the Preamble to the US Constitution starts with: “We, the people of the United States... do ordain and establish this constitution for the United States of America.
As Dr Edwin Vieira states 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 by politicians of a garrison, "national-security", or police state...
So those bound by Oath who "knowingly, with willful blindness, or in reckless disregard of the consequences of his/her action" votes for an unconstitutional act, bill, etc; when a "President or state governor refuses to veto it and instead executes it; or when a Judge, either of the supreme and inferior courts of the general government, or of any state knowingly declares such a statute valid and enforceable - each and every one of them violates his oath of office....” (End Dr. Vieira quote)
This growing power differential goes against the principles of equal citizenship that is the bedrock of this nation. The great principle of the American Revolution was, after all, the doctrine of limited government. Advocates of the Bill of Rights saw the chief danger of government as the inherently aristocratic and disparate power of government authority, so wrote in immunities (natural rights) of the people from those in government overreaching themselves against the people. Constitutions - state and federal - specify the principle that all men are "equally free" and that all government is derived from the people.
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 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, and put into place by the Framers into the US Constitution and state Constitutions.
“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,
The right to resist unlawful arrest IS a constitutional one. It stems from the right of every person to his/her own bodily integrity/health and his/her liberty of movement, which are among the most fundamental of all natural rights.
The treatment of law enforcement in the courts shows that the law itself of crime control has hugely changed. 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 were literally and figuratively clothed in the same garments as everyone else and faced the same liabilities — civil and criminal — as everyone else under identical circumstances.
When the USA started delegating 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 from 3rd parties (heresay)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.
This deprived Americans of the certainty of guilt when warrantless arrests are committed against the populace. Plus judges now only consider only if there was "reasonable grounds" to suspect a person because of 3rd party information not being able to be confirmed, rather than "actual guilt" in committing a crime by those doing the (illegal here) warrantless and no knocks on peoples homes.
This, combined with greater deference to the "state" in most law enforcement matters has reversed and gone against the Supreme LAW of our land that they all are sworn to support and defend and all must be in Pursuance thereof it.
It has reversed the original intent and purpose of American law enforcement that the state act against stern limitations and at its own peril.
Americans now have fewer assurances that they are free from unreasonable or unlawful arrests, and no way to recover the damages caused from false arrests under the "color of law" being perpetuated on the people.
On the post: US Government Begins Rollout Of Its 'Driver's License For The Internet'
Re: A very concerning point
No thank you.
This is why there are many working on the "alter" net.
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