Archive for August, 2014

“No bended knee for me” – the Charge against Robert Beecher

Saturday, August 30th, 2014

“No bended knee for me” – the Charge against Robert Beecher

Gary Hunt
Outpost of Freedom
August 30, 2014

The charge against Robert Beecher is not based upon the malicious allegations made by FBI Special Agent Stanley H. Slater that Robert Beecher was involved in an operation, known as “Operation Mutual Aid”, to kidnap and torture a DHS agent. In fact, it seems that the threat implied by Agent Slater has, well, just disappeared. The only charge is “Felon in Possession of a Firearm”.

Now, before I proceed with discussing the charge, I want to establish a bit of background on the government and their US Code. Harvey A. Silverglate is an attorney. His book “Three Felonies a Day” is instrumental in beginning to understand the nature of that beast (government), when it targets someone for persecution (resulting in prosecution). It is suggested reading for anyone interested in the complexities, and chicanery of the federal legal system.

The Forward, by Alan M. Dershowitz, to Sliverglate’s book begins,

The very possibility that citizens who believe they are law-abiding may, in the eyes of federal prosecutors, be committing three federal felonies each day… But when the executive branch, through its politically appointed prosecutors, has the power to criminalize ordinary conduct through accordion-like criminal statutes, the system of checks and balances breaks down.” He continues, “These prosecutors threaten to indict underlings for conduct that is even further away from the core of criminality unless they cooperate against the real targets. Because federal criminal law carries outrageously high sentences — often with mandatory minimums — these prosecutorial threats are anything but illusory. They turn friends into enemies, family members into government witnesses and employees into stool pigeons. Silverglate believes that we are in danger of becoming a society in which prosecutors alone become judges, juries and executioners because the threat of high sentences makes it too costly for even innocent people to resist the prosecutorial pressure. That is why nearly all criminal defendants today plead guilty to “reduced” charges rather than risk a trial with draconian sentences in the event of a conviction.

On to Silverglate’s Introduction, where we find reference to a 1952 Supreme Court decision, Morissette v. United States, [342 U.S. 246, 250-251]. This is interesting because it states that there must be intent to be a criminal act, to wit:

The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil. A relation between some mental element and punishment for a harmful act is almost as instinctive as the child’s familiar exculpatory “But I didn’t mean to,” and has afforded the rational basis for a tardy and unfinished substitution of deterrence and reformation in place of retaliation and vengeance as the motivation for public prosecution.

Finally, Silverglate refers to an anecdote told by Tim Wu in a 2007 article titled “American Lawbreaking,” published in the online magazine Slate:

At the federal prosecutor’s office in the Southern District of New York, the staff, over beer and pretzels, used to play a darkly humorous game. Junior and senior prosecutors would sit around, and someone would name a random celebrity — say, Mother Theresa or John Lennon. It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her. The crimes were not usually rape, murder, or other crimes you’d see on Law & Order but rather the incredibly broad yet obscure crimes that populate the U.S. Code like a kind of jurisprudential minefield: Crimes like “false statements” (a felony, up to five years), “obstructing the mails” (five years), or “false pretenses on the high seas” (also five years). The trick and the skill lay in finding the more obscure offenses that fit the character of the celebrity and carried the toughest sentences. The result, however, was inevitable: “prison time,” as one former prosecutor told me.

Hence the title, “Three Felonies a Day”.

The only charge against Robert, now, is a violation of 18 USC §922(g)(1) (the full text of §922(g) can be found at 18 USC 922). The pertinent part is as follows:

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

So, let’s look at the obvious intent of the law. First, “It shall be unlawful“, well, no problem with that.

Next, if that person “has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” Let’s assume for the sake of discussion, that that criterion has been met — that Robert has such a criminal record. So, now we move on to the third portion of the Statute.

It is unlawful “to ship or transport in interstate… commerce“. Now, this next phrase is rather interesting. “Possess” means “To occupy in person; to have in one’s actual and physical control“. So this must mean that you have in your control the firearm or you affect the commerce. The possession must be done while participating or affecting that commerce. Finally, “to receive any firearm or ammunition which has been shipped or transported in interstate commerce.” Well, that last one surely must be the direct recipient, the addressee – to “receive”, as opposed to “possess”. For if that were the case, it would read, “to possess any firearm or ammunition which has been shipped or transported in interstate commerce.” Otherwise, there would be an inequitable application of the law. The construction, if mistaken, would mean that you could possess the firearm, if it were made in your state, though you could not take it with you, if you moved. It would also mean that if the ammunition were not made in your state, then you could have the firearm, but could never use it. So, the only logical construction would be that you could not be the direct recipient – could not receive a firearm or ammunition shipped from another state. Otherwise, only those who live in a state that has a plant that manufactures firearms could possess one, and could use it only if the requisite ammunition were also manufactured within that state. If that were the case, then the federal law would only apply to those people who happen to live in certain states, which would fly in the face of the concept of equal justice for all. Further, it would defy the concept of Article IV, § 2, which states, “The Citizens of each State shall be entitled to all of the Privileges and Immunities of the Citizens of the several States.”

Finally, we need to look at what was intended by the Framers, as the prepared they plan for the creation of the federal government in devising the Constitution (Federalist Papers #62 – James Madison).

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

The manipulation of the intent of a law to serve the purpose of persecution and an effort to convert decent people into informants, or, at least, force them into a submissive condition, thereby removing that spirit that made US America.

 

“No bended knee for me” – the Persecution of Robert Beecher

“No bended knee for me” – the Demonization of Robert Beecher

“No bended knee for me” – No Speedy Trial – Just Punishment

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

Liberty or Laws? – Appeasement

Friday, August 22nd, 2014

Liberty or Laws?
Appeasement

Gary Hunt
Outpost of Freedom
August 23, 2014

 

Last October (29, 2013), I wrote an article on “Appeasement – Giving in, inch by inch“. In that article, I addressed the appeasement, by the government, regarding both foreign and domestic matters.

At the time, it had not crossed my mind that we have a choice between “Liberty or Laws”, only that we had to try to change what was happening – though the methods of achieving that end varied, greatly. This current series, however, delves into the supposition that the country belongs to us, not the government. Not really a strange concept, as it was that very way of thinking that led to the Revolutionary War — that the country, in fact, belongs to the people of that country — that when government violates the trust, the people will either accept the condition, or the will take back that government. This concept is embodied in the Declaration of Independence:

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.

What happens, then, when the people continue with a doctrine of appeasement with government? Can there be any justification for such doctrine, and, if so, at what point in the invariable course of government do we determine to do our duty — for the sake of our posterity?

So, perhaps we should look at just how we are appeasing the government:

  • The Constitution provides that only Congress can declare war (Art. I, §8, cl. 11), though we have allowed both the President and Congress to engage in war, without a requisite declaration. Over time, it has become the “prerogative” of the President to engage in war, absent an objection by the Congress.       The provision in the Constitution was so placed so that the power and expense of war would not lie in the hands of one man.
  • The Constitution provides that only Congress call forth the militia to repel invasion (Art. I, §8, cl. 15), though Congress has failed to do so repel the invasion, in violation of existing laws regarding immigration, which can be described as no less than an invasion. If Congress called them forth, the President would be Commander in Chief but the obligation to utilize them to repel invasion could not be detracted.
  • The Constitution makes no provision for the federal government to become a benefactor, taking money from those that justly earn it to give to those unwilling to earn their own livelihood. This has historically been an act of private people and organizations, and to some degree, within the local community (Not Yours To Give). It was never mandatory, until the government decided to buy the favor (chicken in every pot) of a class of people.
  • The supporters of the Constitution, in addressing at least five of the state ratifying conventions, explained that “direct taxes” would only be imposed in an emergency (to pay for war, or other extraordinary events – See “Ratification” by Pauline Maier). Instead, we pay a minimum of 1/5th of our earnings directly to government. This does not include the taxes paid prior to purchase of an item by every person involved in the production of the item — compounding the true tax paid.       “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance” (Declaration of Independence).
  • The First Amendment mandates that Congress “shall make no law respecting an establishment of religion“.       This means that they cannot set one church above others (and, to Framers, Christianity was the acceptable religion, the various denominations being the object of the Amendment). However, by administratively creating and forcing churches into 501(c)(3) status, then limiting what they could include within their sermons (except Muslim churches), they have “established” a religion that has no moral values, and allowed another to espouse values foreign to our nature, without consequence.
  • The Constitution makes no provision for the control of education of the children of the People. Public Education belonged, for over 180 years, to the public, not the government.       The Department of Education was created in 1867, under Reconstruction), though abandoned after a year of existence. Its purpose, at the time, was to “educated” southern children to Northern values. It was reconstituted in 1953 as the Department of Health, Education, and Welfare, and has become a source of absolute and arbitrary control over the education process throughout the country, in a form of indoctrination which exceeds anything ever imagined by Adolph Hitler, as a tool of government propaganda, to the point that basic skills have nearly been removed from the curriculum and social engineering programs have replaced them as the focus of the educational system.
  • With the recent militarization of police, and the ongoing efforts to restrict and outlaw gun ownership, we find that we are fast approaching absolute subjugation to government authority. We are far worse off than our English ancestors in the mid-seventeen-hundreds, when in Parliament, William Pitt said:

The poorest man may, in his cottage, bid defiance to all of the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement

And, we find that concerns that are recorded in our document of Independence from despotic government included within its concerns:

For quartering large bodies of armed troops among us…          For protecting them, by mock trial, from punishment for any murders they should commit on the inhabitants of these states” (Declaration of Independence).

For the sake of brevity, I will leave you to add your additional concerns regarding the intentions of government.

The question arises, do we stand for our Liberties, or, do we abide by fabricated laws? To continue on the path we walk renders us as guilty of appeasement as was Chamberlin prior to World War II, and our own government is today, as addressed in “Appeasement – Giving in, inch by inch“.

Appeasement
n. The action or process of appeasing.

Appease
v. pacify or placate (someone) by acceding to their demands.

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Defense of the State

Liberty or Laws? — Militia in Aid of Our Neighbor

Liberty or Laws? — Immigration or Invasion

Liberty or Laws? — Treason Against the State

Liberty or Laws? — Government and Patriots Aiding and Abetting Criminal Activity

Liberty or Laws? — … and jealously guard our Liberties

Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

 

Liberty or Laws? — … and jealously guard our Liberties

Monday, August 11th, 2014

Liberty or Laws?
… jealously guard our Liberties

gov const balance

Gary Hunt
Outpost of Freedom
August 11, 2014

 

Who will fire the first shot? Who can fire the first shot? Contemplation of these questions causes me to recall a situation, many years ago, when I was first confronted with the thought of aiming, squeezing, and taking the life of another human being. It is not difficult to recall that memory, as it is one that will stay with me the rest of my life; that thought and that first time that I did aim, squeeze and fire.

The thought first occurred as we began the second leg of a flight from California to Hawaii, and then on to Tan Son Nhut Airbase, Saigon, Vietnam. Our short stop in Hawaii was about long enough to get a Scotch and Water, and then re-board. We snuck our drinks onto the charter commercial aircraft, took off, and headed southwest, into a combat zone.

Shortly after we settled in at flying altitude, I finished my drink and began thinking of the adventure that awaited me. Through training and my previous two years in the Army, I had relived the adventures of war, as presented by the prolific black & white movies of action during World War II. However, it struck me that I was not going into training; rather, I was going to put that training into action. I would surely find myself, at some point, faced with the necessity of aiming and squeezing. Would I be up to such a task, when that time came?

My religious beliefs never distinguished between murder and killing, so there was a moral dilemma, which, for the first time in my life, I had to seriously contemplate. Could I do what I had surely been called upon to do?

As I reflected upon the moral consequences, I realized that back there, behind me, throughout the country, there was a government, representing the people of the United States, which had, by issuing my orders into combat, taken the burden of the moral responsibility from of me. My job was to do for my country what it had asked me to do.

Months later, even though there had been some long range exchanges of rifle fire, and some mortar attacks on our base, I did find myself with a clear view of the enemy. I was in the back seat of a Bird Dog. We were flying low over a Viet Cong transfer point at the “Horseshoe” of the Mekong River. My M-14, being as long as it was, was tucked behind me. The pilot, however, handed me his M-16. As I raised the barrel, I could see the one that I had in my sights running, rapidly, for cover. We were flying at treetop, with nearly full flaps, and I was probably not more than 60 meters from him. His hat flew off as he ran, and I could see the expression on his face, which I judged to be fear. This didn’t distract me, as I fired off about ten rounds. One of them struck him in the leg. His partner, ahead, apparently responded to his call, turned and grabbed him and helped him into some bushes, in the attempt to cover their location. The pilot then turned back to the location where they had sought cover, and laid a 2.75″ HE (High Explosive) rocket into the bushes.

As we flew back to base, I thought about what had happened, and I knew that I was able to do what is probably the most difficult single obstacle in combat, taking a human life for the first time. That thought, however, was not passing. No, it remains with me, and will do so until I have become the dust that those two Viet Cong became, because of our action.

Many records available demonstrate the difficulty in “fresh” soldiers being willing to aim and squeeze. They will often fire over the head of the enemy, doing their job, but doing so in such a way as to “protect” their moral values. Those records include from the Revolutionary War to the present, though nowadays, the Army uses electronic games, similar to “Doom”, to train the soldier to overcome that moral objection. They fire, and a very human looking figure reacts in a very natural manner, with the blood squirting or misting, just as in real life, to condition the trainee to accept that taking another life is nothing more than a game. However, for most, the moral stigma still attaches itself to our conscience.

So, who will fire the first shot, when that event that will spark the inevitable confrontation between a people wishing to be free, and a government which continues to encroach upon their Liberties?

In a previous article (He Who Leads the Charge), I address the consequence that will fall to many of us, as we take upon ourselves the task bestowed upon us by the Founders — to retain our form of government for “ourselves and our Posterity“. While we are at it, let’s look at another well-known phrase from our Founding, “with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.

Those phrases have historical significance, though we have some newer phrases that most are familiar with, such as, “… from my cold, dead hands“, “… one bullet at a time“, etc. Now, those last two are purely rhetorical, as they serve no purpose other than bluster on the part of the speaker. However, many in the patriot community often express the first two. The question is, when they are expressed, is it rhetorical, or is it sincere? If the former, then clearly you are not prepared to face the challenge that lies before us, nor have you seriously contemplated that challenge.

Let’s look at some more rhetoric, “They will soon declare martial law. We cannot do anything because if we do, they will declare martial law.” Isn’t that rhetoric a bit oxymoronic?

It is clearly evident that the law enforcement in this country is rapidly becoming militarized. Should we await the completion of the militarization before we act?

Perhaps we should heed the words of Patrick Henry, when he said, “The war is inevitable – and let it come!! I repeat it, sir, let it come!

If we are to retain our birthright, Liberty, the object of the sacrifices of those who gave us this once great nation, it will come at a cost. Of that, we can be assured.

One thing is certain in combat. Once the action begins, those who have resolved themselves to the necessity of taking lives have taken the necessary action. Others, regardless of the moral hesitation, when the necessity has passed beyond rhetoric and into reality, will eventually follow. If they don’t catch on, they will probably be killed. The idea, quite simply, is to KILL him before he kills you. It will be the truly courageous — the heroes of our future history — who fire those first shots, with a clear understanding of the necessity of doing so.

Our choice, our actions, our future, depend upon whether we agree to obey the laws that currently protect the government and criminalize our actions, or to obey our conscience, and jealously guard our Liberties, an obligation imposed by the Founders and memorialized by our Founding Documents.

94th Rec. Airplane Co. Duc Hoa, Vietnam 1967

94th Rec. Airplane Co.
Duc Hoa, Vietnam
1967

 

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Defense of the State

Liberty or Laws? — Militia in Aid of Our Neighbor

Liberty or Laws? — Immigration or Invasion

Liberty or Laws? — Treason Against the State

Liberty or Laws? — Government and Patriots Aiding and Abetting Criminal Activity

Liberty or Laws? – Appeasement

Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

Liberty or Laws? – Government and Patriots Aiding and Abetting Criminal Activity

Saturday, August 9th, 2014

Liberty or Laws?
Government and Patriots Aiding and Abetting Criminal Activity

gov const balance

Gary Hunt
Outpost of Freedom
August 10, 2014

 

If a crime is being committed, and you assist in that criminal activity, you are guilty of a crime. If you aid someone who has committed a crime, assisting them in the completion of that crime, you have committed a crime. Of these two statements, there can be little doubt of those conclusions — that to act, in any way, in the commission or completion of a crime, is criminal. So, let’s look at some crimes that some federal and state officers, and, yes, even many border patriots, are guilty of.

8 USC § 1324 – Bringing in and harboring certain aliens

(a) Criminal penalties

(1)

(A) Any person who –

(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

***

(v)

(I) engages in any conspiracy to commit any of the preceding acts, or

(II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).

***

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs –

(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

***

(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs –

(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or

(B) in the case of –

(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,

***

(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if –

(A) the offense was part of an ongoing commercial organization or enterprise;

(B) aliens were transported in groups of 10 or more; and

(C)

(i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.

(b) Seizure and forfeiture

(1) In general

Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

 

So, “any person who, knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, or, “engages in any conspiracy to commit any of the preceding acts“, or, “aids or abets the commission of any of the preceding acts, shall be punished…

As far as punishment, any person who commits those named crimes “shall, for each alien in respect to whom such a violation occurs…” That is for “each alien”.

Punishment can be from one to 10 years, fines, and seizure of property (Asset Forfeiture), and a criminal record, precluding future ownership of firearms.

If you read the entire statute (presented above), you will find that there are even a few more “enhancements” that can rack up even more penalties.

Well, if that hasn’t awakened you, let’s continue:

42 U.S. Code § 264 – Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General

The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.

(b) Apprehension, detention, or conditional release of individuals

Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General.

(c) Application of regulations to persons entering from foreign countries

Except as provided in subsection (d) of this section, regulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession.

(d) Apprehension and examination of persons reasonably believed to be infected

(1) Regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be infected with a communicable disease in a qualifying stage and

(A) to be moving or about to move from a State to another State; or

(B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary. For purposes of this subsection, the term “State” includes, in addition to the several States, only the District of Columbia.

(2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—

(A) is in a communicable stage; or

(B) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.

(e) Preemption

Nothing in this section or section 266 of this title, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 266 of this title.

Now, when it comes to communicable disease, the discretion is left with the Surgeon General, though we have not been informed of any proactive decision that would protect us from the infestations coming across the border. We do find that our hands are tied, since subsection (b) states that this section, “shall not provide for the apprehension, detention, or conditional release of individuals.” Wow, a law with no teeth, unless the President provides such teeth. Interesting that Congress abrogated their responsibility in providing protection for communicable diseases crossing the border, especially, illegally.

However perhaps we do find some salvation subsection (e), “Nothing in this section…, or the regulations promulgated under such section, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States).” So, if a state has a quarantine law, these statutes would not supersede it. It seems like some emergency legislation in the Border States is in order.

So, we can see that “Laws” make criminals out of anybody that aids and abets the commission of the crime of allowing illegals gain entry into the country. Though we know that the feds have yet to enforce that provision, it is quite possible that they could choose to apply that law selectively, disregarding such criminal activity on the part of state officials, but enforce it against patriots who are attempting to ease the burden on the overworked state and federal officials. And the punishment could even exceed what one might get for manslaughter or second-degree murder.

When it comes to aiding people illegally entering the country, and bringing with them communicable diseases, it is possible that the Surgeon General and/or the President have created rules that would make assisting them into the country a criminal act, though it, too, would probably only be enforced against patriots. Even without consideration of the implications, if such rules exists, is the disfavor of the American People for assisting in getting these diseased border crossers into the hands of the federal government so that they can be fairly distributed throughout the country, for maximum effect.

As James Madison said, in Federalist Papers #57:

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

Can we even begin to rely upon the self-serving laws promulgated by the Congress, or even worse, Congress abrogating legislative authorities, and turning them over to the Executive Branch of government? Or, can we determine, for ourselves, using just a little common sense, what is necessary to stop both the invasion and the communicable diseases coming across our Southern border?

We (We the People) did create this government, and we have every right to assume, for ourselves, according to the Ninth and Tenth Amendments to the Constitution.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

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.

Do we determine that the ultimate power lies with us, the people, or that we are subject to the laws, no matter how ridiculous or impractical, when they are made in violation of the intent of the Constitution?

 

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Defense of the State

Liberty or Laws? — Militia in Aid of Our Neighbor

Liberty or Laws? — Immigration or Invasion

Liberty or Laws? — Treason Against the State

Liberty or Laws? — … and jealously guard our Liberties

Liberty or Laws? – Appeasement

Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful