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

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

Liberty or Laws?
Treason Against the State

Gary Hunt
Outpost of Freedom
July 24, 2014

Discussions regarding Treason are a common subject in the patriot community. Most often, if not always, they refer to the provision in the Constitution that defines Treason against the United States, specifically, Article III, §3:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

This requires a specific act, not a general presumption. It also requires either “levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” Now, there has not been any “levying War” against them since World War II. Nor, surprisingly, have we (The United States) had any “Enemies” since then.

The matter of enemies came up in a Supreme Court decision (Ex Parte Quirin, 317 U.S. 1) in that era when German soldiers, dressed in civilian clothes, came ashore and plotted to destroy infrastructure. In the Court establishing jurisdiction, they made clear that Congress had, in fact, declared war against Germany. This made Quirin and the other defendants “Enemies”. However, these elements only apply to the federal government, as the Constitution is the document that created that body. Treason then, according to the Constitution, only applies to enemies of the government created thereby.

However, as in the previous articles dealing with repelling invasion (Militia in Defense of the State) and militia (Militia in Aid of Our Neighbor), we must look in a different direction than just the federal Constitution.

In October 1776, Connecticut passed “An Act for the Punishment of High Treason and other atrocious Crimes against the State. It read, in part,

“That if any person or persons belonging to or residing within this state and under the protection of its laws, shall levy war against the state or government thereof, or knowingly and willingly shall aid or assist any enemies at open war against this state or the United States of America by joining their armies or by enlisting or procuring or persuading others to enlist for that purpose or shall form or be in any way concerned in forming any combination, plot, or conspiracy for betraying this state or the United States into the hands or power of any foreign enemy, or shall give or attempt to give or send any intelligence to the enemies of this state for that purpose, upon being convicted shall suffer death.”

Even though the Constitution was over a decade into the future, the separation/distinction between Connecticut state government and the national government was clearly expressed. One could commit Treason against Connecticut and not commit Treason against the United States, and vice-versa. Is it also possible that “the United States of America” could commit Treason against Connecticut, or vice-versa? After all, this enactment was to make criminal the support of the British government that had just been ousted.

The defining aspects of Treason, under this act, are far more extensive than those in the Constitution, and the requirement for two witnesses to the act, or “Confession”, are not imposed upon the need for conviction.

Had the United States of America, after that enactment favored the British, then Connecticut was totally within her authority to levy charges anyone from the United States of America with Treason. So, we have the same layering of jurisdiction on Treason that we have for the militia and repelling invasion. Since Connecticut was, in a sense, a lesser player (subordinate to the Continental Congress), and still had the authority to charge those above with Treason, if they committed the acts described, then we must also assume that the authority for such has come from the people of Connecticut, as they created the government of their choosing.

Of course, the consequence of charges of Treason against employees or agents of the federal government is grounds for potential armed conflict, unless handled politically, it is, surely, a possibility, should the federal government be determined to be aiding an enemy of a State. The State, however, does not have the requirement for Declaration of War by the Congress as a part of its limitations. Its perception of “enemy” does not fall within the constraints and limitations imposed upon the federal government. Nor, should the people of a state be required to abide by those constraints to determine whether someone is guilty of Treason. Our effort is not to arrest and try them. It is to understand the perspective of those who have seen so many violations of not only the federal Constitution, but the constitution of their own state.

For a more thorough understanding of the relationship between the people of any government, especially one such as ours, of the people, both state and federal, I would suggest an article on the subject, Sons of Liberty #14.

The final determination as to whether we have Liberty or are subject to laws foreign to our constitutions, resides wholly in our determination whether the governments are abiding by the documents that created them, or not.

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? — Government and Patriots Aiding and Abetting Criminal Activity

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

Liberty or Laws?
Immigration or Invasion

Gary Hunt
Outpost of Freedom
July 23, 2014

The government and Mainstream Media tell us that there is a massive immigration going on at our southern border. Massive, however, is, in any historical context outside of active warfare, a gross understatement. Is it possible that what is happening at that southern border should be more appropriately described as an invasion?

First, we’ll look at immigration. It is defined as — immigration n. The passing or removing into a country for the purpose of permanent residence. (from Webster’s 1828 Dictionary — In the United States, it assumes compliance with 8 US Code §1101.)

There is no doubt that the United States is a nation formed from immigration, even though many of us have generations going back to prior to the Revolutionary War. However, whether an immigrant, or one born here, the purpose is to become a citizen. With citizenship, there must also be allegiance to the country. Can it be expected that the country protects its citizens, yet the citizens have no allegiance to the country?

Theodore Roosevelt discussed A Problem that Can’t be Ignored in explaining some of the requirements of citizenship, and solutions for those who did not seem to desire to assimilate (To bring to a likeness; to cause to resemble; To convert into a like.) into the host nation. To assimilate into an industrious nation, one must work, participate, and contribute, to at least maintain the nature of the country, if not to improve it.

So, with the above given, are these multitudes crossing the border, intending to assimilate, or is their purpose otherwise? Or, are they deceived into believing that there is one purpose, when, in fact, there is another purpose? Let’s look at what another possible, perhaps plausible, purpose might be.

First, let’s, once again, look at history. In 1775, some farmers and mechanics decided to take on the greatest military force in the world, the British Empire’s army and navy. The didn’t hesitate, even though Hessians, vociferous fighters themselves, were added to His Majesty’s forces.

The colonists, from the first battle, fought in what is now known as asymmetrical (having parts that fail to correspond to one another in shape, size, or arrangement; lacking symmetry) warfare. They fought like Indians; they avoided a major battle, unless there was a hope of winning; the fled to fight another day; and, they conducted completely unanticipated actions. They did so with financial aid from other countries, and, eventually, military and naval forces from France.

The story of the “Trojan Horse” is well known, so, perhaps we can learn something about asymmetrical warfare by reviewing what may have happened, or may merely be mythology. The people of Troy were lovers of beauty. When the Spartan army was unable to defeat them, they devised a means of playing on the weakness of beauty to gain access to the walled city of Troy. The built a beautiful wooden horse, believed by the Trojans to be a token of homage paid by the defeated. We all know what happened, next. However, it was the weakness of the worship of beauty that led to the downfall of Troy.

The United States has a weakness, as well. That weakness is the failure to grasp the nature and the severity of this threat, due to the constant barrage of misdirection and propaganda spewing from mainstream media acting as government proxies, disguising the problem as a “humanitarian crisis” and relying upon the world renowned generosity of the American people to “resolve” a crisis created, funded, and protected by the federal government. The American people are being held hostage in a sense, by their moral principles of giving humanitarian aid whenever and wherever needed, without a firm foundation build upon full disclosure of the nature of the issue. It is called “humanitarianism”, and though our coffers are bare, we will spend our posterity’s future in providing humanitarian aid.

Agencies of government are relying upon that moral mandate so well depended upon by the world at large, humanitarianism, to be the means by which this invasion can be facilitated, using children to force open the gates to this once fair country. ? The outpouring of sympathy for the wretched children, being accompanied by parents or sent unaccompanied through the most violent country in the Western Hemisphere, surely plays on the heartstrings of the humanitarian nature, especially when embellishment and omission, by press and government, divert our attention away from practical considerations while attempting to smother us with our own ignorance of the facts, using the ploy of “humanitarianism.”

Meanwhile, while the attention is directed at the children (paraphrasing Hillary Clinton, “it takes a nation to raise a child”), some unconfirmed, yet quite plausible, reports of increased border crossings, at least in Arizona, perhaps 4 time previous numbers, have been occurring since the current “children’s crusade” began.

Diversion is a masterful art of war. Every effort was made, for two years, to convince the Germans that Calais was the point of invasion. While the German High Command was so sure that they had good intelligence, their resources were directed to the wrong location. This was a fatal error, as they were watching, and relying upon the left hand, while the right hand was ignored.

Now, an “invasion” was defined, in the time of the Framers (Webster’s 1828 Dictionary) as:

A hostile entrance into the possessions of another; particularly, the entrance of a hostile army into a country for the purpose of conquest or plunder, or the attack of a military force.

Well, it seems that the definition just about covers the current situation. It is an entry into the possessions of Americans. It is hostile, as so often displayed by MECHA, AZTLAN, and other groups supportive of the invasion — and the rights of foreigners to our possessions and whatever plunder they can realize. And, according to those same groups, conquest is clearly a part of their professed plan.

Now, let’s look at weapons. The Spartans had their spears and shields with them. Surely, the Trojans would not have provided the means for arming other than those so designated. However, if someone wants to buy a gun in this country, they only have to prove that they have no criminal record, in this country. The sole exception being those veterans who have recently fought for this country and have been determined to be domestic terrorists, and those with mental disabilities.

If “Fast and Furious” had not been exposed, and cut short, how many weapons by those who were able to purchase huge numbers of weapons would have been acquired? Could those weapons have been stockpiled for future use?  How many weapons were supplied to foreign entities before Fast and Furious came to light?

The Soviet Union, during the “Cold War”, established arms caches throughout Europe and Great Britain (Soviet agents placed weapons caches across Europe during Cold War). Wouldn’t that be even more easily done in the United States, today? Caches, ready to arm those soldiers who have come across the southern border, apparently peacefully, simply waiting for the call to arms — to continue their invasion — this time, from inside of the gates?

A final consideration, which weighs very heavily on the side of invasion, is the cost of ‘immigration’, under the current circumstances. Reports indicate that the cost per person ranges from $5,000 to $50,000. Those in the $5,000 class are from a country with an average household income of $2,000. Who are those willing to pay $50,000 to sneak across the border? Who has the economic resources to pay such prices? It isn’t the everyday person looking for a better life, most certainly.

This leaves us to contemplate whether this is a massive immigration, which doesn’t, at all, resemble normal immigration, at any time in our historical past, or an invasion, using the concepts of asymmetrical warfare described above.

If the former, then they, and our government, should be abiding by the laws. If the latter, then we should be abiding by our rights. The final questions, however, and the most important aspect of this entire debacle, are:

• Should we prepare for the least offensive, or the most offensive of the possibilities?
• If we prepare for the least offensive, will we be able to deal with the more offensive, if it is the case?
• If we prepare for the most offensive, have we caused any harm by sending people back to where they came from, until they follow the law, and have we provided assurance that we are protecting the birthright of ourselves, and our posterity?
• What are the consequences of the wrong decision?

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? — 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? – 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?
Militia in Aid of Our Neighbors

Gary Hunt
Outpost of Freedom
July 26, 2014

In the previous article (Militia in Defense of the State), we discussed the right of the People to defend themselves, if Congress, the President, and the governor of their state, all abrogate their responsibility to protect us from invasion. If the need therein suggested arises, we must first question whether the Congress, the President, or the governor of the state, by abrogating responsibility, allowing a foreign invasion, without challenge, have become “enemies, domestic”, along side of the “enemies, foreign”.

Regardless of how we perceive those in government who have failed in their responsibilities, the question will arise whether a person from one state has the right to go to another state, in aid of the militia of that second state. Given the current nature on the ongoing invasion, along the southern border, it would make sense to recognize that Ohio is not in need of immediate aid, though one of the border states (California, Arizona, New Mexico, and Texas) is. If someone from Ohio decided that he wished to aid his neighbor in Texas in dealing with the invasion, has he a right to go to their aid, either as an individual, or, as a member of a militia organization?

In a strict sense, and probably also in a lawful sense, the militia organization cannot go as an organization. Texas Government Code, § 437.209

FOREIGN TROOPS. A military force from another state, territory, or district, except a force that is on federal orders and acting as a part of the United States armed forces, may not enter this state without the permission of the governor. The governor may delegate the powers granted by this section to the adjutant general.

specifically forbids a militia unit from another state to enter, absent the permission from the governor or under federal orders.

However, if the members of the Ohio militia organization do choose to go to Texas to aid their neighbor, there is nothing that would prohibit their traveling together to visit the host, whether a property owner or a Texas militia organization, as long as they were going to Texas as individuals. Well, by what authority, or form of reasoning, do we come to that conclusion?

When the Framers wrote the Constitution, they provided something that had not been true, before that document was ratified. Had you gone from one state to another, you did not have any of the rights enjoyed by the citizens of that state, unless they gave them to you. However, the Framers, wishing to assure that any citizen could feel comfortable and safe, while traveling to another state of the Union, made provision so that citizens in one state, while traveling, would enjoy all of the privileges and immunities enjoyed by the citizens of the host state. The authority can be found in the federal Constitution at Article IV, § 2:

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Now, if you were visiting Texas, and chose to assist that neighbor state in resisting the invasion of aliens, would it not afford you the “privilege” of joining the militia; and, “immunities” provided by law as a member of that Texas militia — the same as afforded a Texan?

Your right as a citizen provides the lawful authority to aid your neighbor in repelling an invasion, so long as you enter the host state as a guest, or a visitor, and then decide to enroll in a Texas militia. The Texas laws and Constitution notwithstanding, the nature of the Union of States under the federal Constitution afford you that protection.

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Defense of the State

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? – 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?
Militia in Defense of the State

Gary Hunt
Outpost of Freedom
July 21, 2014

Prior to the Constitution, under the Articles of Confederation, each State (nation) had a right to defend its borders. The Articles created a collective pursuit of defense of borders against the British.

With the ratification of the Constitution, there was a greater consolidation of the collective into a Union. It also imposed upon that Union an obligation to protect each State against invasion, first, within the Powers of the Congress:

Article I, § 8, clause 15– The Congress shall have the Power… To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Secondly, a guarantee (the only guarantee in the Constitution), with the mandatory “shall”:

Article IV, § 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; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

It is apparent, then, that protection from invasion warrants the attention, and cooperation, of the federal government. However, we must consider whether the States lost their right to repel invasion, absent the federal government fulfilling their oblation and guarantee. This, then, leads us to the 10th 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.

Congress was given the Power, though nothing makes that Power exclusive. If it had been exclusive, surely a prohibition against the state protecting its borders would have been written as a prohibition in Article I, Section 10.

Well, that all makes sense; however, can that right to protect a State’s borders be affirmed by example? Answer: Most assuredly. Though the incidents being used to demonstrate this “Right of the State” to protect its borders were from the early part of the 19th Century, there have been no changes to the Constitution that would eliminate that right.

* * *

The Toledo War

In 1835, based upon an incorrect map of the region, two lines were established between the boundaries of Michigan and Ohio. The land within this disputed area comprised about 486 square miles. Ohio had become a state in 1803, though the boundary in dispute was between Ohio and the then territory of Michigan.

Beginning in late 1834, Michigan’s Territorial Governor Stevens Mason sent the Militia to the disputed line and claimed that he would not use force, so long as Ohioans stayed out of the disputed area. Ohioan responded by sending their Militia to the same area. Michigan’s militia ended up arresting some Ohio Surveyors and Officials, firing some shots into the air to scare off others from the survey party.

The dispute was finally settled where President Jackson and the Congress redefined the boundary between Ohio and the Territory of Michigan, give each portions of the disputed lands. Finally, in 1837. Michigan was granted statehood.

The extent of federal authority was limited to resolving the dispute politically. There was no federal armed intervention.

* * *

The Honey War

Missouri became a state in 1821. The boundaries of the state were defined in the Constitution adopted at statehood. The description of the Northern boundary, however, was unclear and lay in Indian lands. At the expiration of the Indian’s usage of the land, in 1836, Sullivan surveyed the boundary. The future Iowa was then a part of Wisconsin Territory. The land, based upon subsequent review of the description of Missouri’s boundary, and a correct interpretation, created an overlap of up to 12 miles.

When a Sheriff from Missouri entered the disputed land to collect taxes, the locals (future Iowans) disputed his jurisdiction and he was arrested. Iowa Governor Robert Lucas warned Missouri Governor Lilburn Boggs that the Missouri sheriffs would not be allowed to collect taxes in Iowa. Boggs then threatened militia action to enforce the collection of the taxes. Both governors then called out their militia to the disputed area. The only damage being the destruction of some profitable honey trees, hence the name of the war. The two militia were called off when the dispute was submitted to Congress, and eventually, to the United States Supreme Court.

Although Iowa attained statehood in 1846, the Court did not settle the dispute until 1851. The extent of federal authority was limited to resolving the dispute judicially. There was no federal armed intervention.

* * *

So, there, we have it. The Constitution remains unchanged, and the States in these disputes, called forth their respective militia to protect their boundaries. Though nobody was killed, the face off and the potential for real war was present. The only federal solution was political or judicial.

Suppose, then, that the intrusion, without question of a boundary dispute, exists. Suppose, also, that the intruders were not Americans, rather, are foreigners. Would the federal government have any more authority than what has been discussed? Would they be limited, as they were in the past, to either a negotiated political solution, or a judicial determination? Is it possible that the right is inherent, in each State (or even as a territory) to defend its borders, by use of the militia?

If some unconstitutional law; Some federal mandate; Some divisive compact between the federal and state government; or, Some financial obligation, precludes the state from protecting its own borders against invasion, is it not, under the current onslaught of illegal immigration across state borders, an abrogation of the responsibility of the governor of any state who refuses to fulfill his duty?

If he should fail to do so, then the People themselves should recognize that the right to self-defense against invasion resides, ultimately, with them, whether under the Congress, the President, or the State governor, or the People who would become that militia force. In addition, nothing within that Constitution prohibits the militia from acting upon its own behalf. It only provides for subordination, if the higher governing authority does not abrogate its responsibility. The 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.

This is further supported by the oft-overlooked Ninth Amendment:

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

Ultimately, the final decision to act is in the hands of the People. It is their country; It does not belong to the Government. If the government refuses to act, especially, when the laws of the land require such action, both of federal and state government, the People are left naught — except to act on their own behalf — for their sake and the sake of their posterity.

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

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? – 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?
Dealing with the Current Invasion

Gary Hunt
Outpost of Freedom
July 11, 2014

The Continental Congress, being the first government of what was to become the United States of America, was able to assemble, without undue influence by the British government, though contrary to the law of the land. That Congress (like the many Committees of Safety) was created in violation of British law. The British Parliament often, subsequently, passed specific laws to criminalize some of the actions taken by the colonists.

Ultimately, based upon a political philosophy (see Sons of Liberty #14), a Declaration of Dissolution of Government, more commonly described as the Declaration of Independence from British rule, was signed on July 4, 1776.

The arduous efforts of the colonists, prior to that Declaration, were, without question, based upon illegal acts. Some of those acts were reacted to by the Parliament, with additional acts, making even more laws, which were soon to also be violated.

Beginning in 1765, with the Stamp Act, destruction of both personal, and government property held by the Crown or its representatives was conducted, in violation of the law. Personal injury was imposed on individuals, either because of their government office, or because of their violation of certain illegal agreements of non-importation.

The British continued to enact laws making certain activities, construed by the colonists as rights, illegal. This culminated in the seizure of arms and munitions by the British, as well as the colonists, coming to that final flash point on April 19, 1775, at a country village named Lexington. Within hours, tens of thousands of militiamen were converging on the area around Boston, ready and willing to break even more laws.

Today, we have many laws that denigrate the rights both fought for, and purchased at great cost, by those colonists of two centuries ago. We are facing the same proliferation of laws enacted to reduce, restrict, or otherwise deny our rights, redefining some as criminal and thereby subjecting Americans to incarceration and/or loss of property. We also see that laws enacted to protect our country from invasion, by force under arms, or by use of the “Trojan Horse” whereby invaders are placed within our communities, only needing the access to “cached arms”, are being ignored. Those arms possibly even held by government entities, to aid an invasion, from within, in order to render moot, and destroy that Great Experiment, known as the United States of America.

Is it possible to reclaim our birthright — that United States of America be returned to its intended form, and proper Glory — if we continue and abide by the very laws that were enacted to destroy it?

In recent discussions, the “rights” of those southern border invaders, under somewhat absurd laws, and contrary to the immigration laws of other countries, seem to have the “weight of law” in the minds of those individuals who should defend this country from invasion; Whether the children should be let in or, whether the parents should be let in, if they accompany their children; Whether we should allow those with provable or admitted criminal backgrounds, because of their youth, to be let in; Whether we should allow those in who have contagious, and often terminal, diseases, though by so doing, we expose our own children to those diseases, and bear the economic burden of care, form entry to grave, of those so infected, to be let in; Are the questions that we must answer, for ourselves, not according to the “law”.

The purpose of the Second Amendment is to leave in the hands of the people, the first, and the most important, defense of nation, state, community, and family. Does that defense require a blessing from a higher authority than the people, themselves? Laws enacted by the Congress, or rules promulgated by executive agencies, have removed the right of the governors of these states from protecting the states from invasion. They have not removed that right from the people, regardless of what laws they may enact in an effort to do so. Reserving the right to determine if it is an invasion to those who have enacted the laws, removing their responsibility to even make such a determination, and leaving it solely in the hands of the Executive, who has steadfastly refused to enforce existing immigration laws, defies logic. These Executive actions defy the very purpose of the inclusion of Article IV, Section 4, of the Constitution, and the Ninth and Tenth Articles in Amendment to the Constitution

Whatever the government (federal or state) uses to excuse the destructive activity currently going on along our southern border, does not remove from the people the rights embodied in the Constitution. Simply because Congress ignores our petitions and the state governments acquiesce to the unlawful influence of the federal government does not nullify immigration law. It is time for the People to enforce those immigration laws.

Do we not, as citizens of the various states of the Union, retain those rights protected by the Constitution? Do we have the inherent right to repel invasion? Are we required to restrict our actions simply because the federal government fails to enforce those laws?

Let’s ask ourselves some hard questions:

• If armed foreign invaders were coming into our country, do we have the inherent right to protect our state and country?
• If invaders, with the full potential of coming into your country, or state, unarmed, having arms readily accessible to them, by “law” (no criminal record in this country) or from stored arms caches, do you have the right to shoot them?
• Do you have an obligation to risk your life to separate those who are a potential threat from those who are not a threat, or only to endeavor to not shoot those who appear not to be a threat?

Let’s look at the war strategy of the federal government in the non-wars that they are fighting, throughout the Middle East. Smart bombs and missiles do not discriminate between good and bad, though we have this corrupt government insisting that we must abide by their laws, while their practices defy bounds of decency. The federal government’s wartime strategy is to shoot everyone, indiscriminately, around a single designated threat. Are we allowed to use the same strategy to protect our own borders?

The federal government has violated state, federal, and international law by providing arms, knowing that they will cross both international boundaries and go into the hands of the drug cartels, or possibly to caches on this side of the border. They have now opened the borders in an attempt render our sovereign nation status moot. It should be no surprise to anyone that arms and ammunition provided by the federal government has metastasized into wholesale violence in both of those nations. It does appear that the federal government is more than willing to allow those arms to be turned against American citizens, all the while pretending that we are blind to its actions, and will only see a “Humanitarian Crises” involving children, using Main Stream Media propaganda to berate Americans for being cruel and heartless because we insist the laws be enforced.

We are left with the choice of Liberty and our Responsibility, as intended by the Founders, or, laws, dictated by “the Crown”, which are self-serving and contrary to OUR Constitution, our rightful sovereign nation status, and individually, the right to the fruits of our labor. We have a decision to make, much the same as the decision made by those who bequeathed this great nation to their posterity, to apply the Laws of Nature, rather than the edicts of kings and princes, so that we may restore Constitutional Government, protecting our nation from assured destruction.

Has the time come for us to determine to break those laws, for failure to do so will, most certainly, lead to the destruction of our country?

Suggested Reading:

Tuberculosis
Murrieta
Information Blackout
Illegal Immigration: Diseases
MSM cover-up

Related articles:

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? – 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

The Three Constitutions – Which One do You Defend

Gary Hunt
Outpost of Freedom
May 3, 2014

What? Three Constitutions? What must he be talking about?

What we will be looking at is that there are, in the minds of various people, especially those within certain vocations, who perceive the Constitution from a perspective differently than others might. It may appear that when we speak of the Constitution, we think that we are all speaking of the same document. However, we will explore whether there is a document attached, at all, to one of these perspectives; what minimal role the original Constitution plays in another perspective, and finally, the Constitution, as written and intended by the Framers.

Well, the conversation began when I was talking with an Oath Keeper. I had asked, regarding their stated of purpose of keeping their oaths by not obeying unconstitutional laws, just how they interpreted the Constitution. My query was whether that interpretation included the Fourth and Fifth Amendments to the Constitution they had “sworn an oath to”. Well, how do those come into play?

It that phone conversation with an Oath Keeper, that I first asked the question, “Which of the three Constitutions do they affix their oath of allegiance and obedience to?” Of course, he was as perplexed as I had been until the reality formulated in my head. So, let’s venture into the realm of, “I knew that, I just didn’t realize it”.

The 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.”

I have no trouble reading the words. Quite simply, they say that “Writs of Assistance” are no longer recognized in this country and that “unreasonable searches and seizures” cannot be conducted. That means, you can’t search to find something that might incriminate a person, you have to have a Warrant, which must be issued based upon “probable cause, supported by Oath or affirmation, and, particularly describing the place to be searched, and the person or thing to be seized.” It is clearly the intent of the Framers that the Warrant must be based upon knowledge of a crime, identifying the person or object to be seized. A judge, not a cop, must sign the Warrant and it is supported by an oath, which must be based upon personal knowledge.

Now, this is a tough concept to those of us who have been raised in a world where that line, as defined by the Constitution, and that which we recognize to have moved by interpretation, has been so blurred that we accept the latter, without due consideration of the former. (To understand how this worked in the time of our Founders, see Are Cops Constitutional?)

However, before we get to how this applies, we must visit, also, the Fifth Amendment, or at least a part of it:

“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.”

Let’s start by attempting to understand what the (perhaps intentionally archaic) phrase, “held to answer” means. Well, I answer when I go to court to “answer” to the charges. Simple enough. So, let’s go to the other, “held”. Well, if you are arrested, you are held or detained. Again, quite simple.

Now, let’s visit the next portion, “for a capital, or otherwise infamous crime”. We all know what capital is, and, with a little research we find the “infamous crime” transitioned into “felony”, though its original meaning did carry with it a crime that could result in imprisonment for a year and a day, or more. Those crimes had to be against person or property. They were never, at least back then, applied to a rule violation, as they are in many states, now.

So, putting these two elements together and coupling it with the final provision of this portion of the Amendment, we get paraphrasing, based upon interpretation of the wording and apply it to our language of today:

No person may be arrested and charged in a court of justice (yes, that is what they were called back then, not a court of law), for the serious crimes bearing either the death penalty or over one year in prison, that crime being against person or property, unless a Grand Jury, comprised of “good and honest men” determine that there is probably cause that the crime alleged did appear to have taken place.

To better understand what was intended, I might direct you to The Right to Self Defense , which discusses both arrest, under the Constitution, and killing a law enforcement office attempting to serve an unlawful warrant. Yes, he could kill that officer.

Have you every scratched your head when someone is “arrested for resisting arrest”? First, where is the warrant demonstrating that he was to be arrested for resisting arrest? Second, where is the warrant for the alleged crime that he is to have committed, warranting the arrest that he was arrested for resisting? Wait! Where is our Constitution? Has it, too, been arrested? The answer to that last is, unequivocally, yes. So, let’s venture into that First Constitution.

Superiors tell Law enforcement officers what they can, and what they cannot, do. They accept those instructions as if they were firmly grounded in the Constitution; whether by deception or assertion of their “them or us” authority. Regardless, both the Second and Third Constitutions will be violated by this activity.

Before we get to that, we have to think back to many situations, mostly in those two unconstitutionally undeclared wars, on drugs and terrorism. Well, that can’t be all bad, can it?

As we have seen in Interstate highway stops, resulting in unlawful searches, they have been challenged in the Supreme Court. So, the Court decided that “just searching because of suspicion” doesn’t pass muster (note that I didn’t say “constitutionality, which will be addressed, shortly). However, once the person is no longer detained as the result of the traffic stop, whether valid or not, the rules change. The officer can then, after he has said, “you are free to go”, ask for permission to search. If the answer is yes, he searches. If the answer is no, then he can justify “suspicion”, based upon the answer, even though he may have to call the drug or explosive smelling dogs, he has achieved the point of an unconstitutional search, the Constitution notwithstanding.

So, this began, and not just in the highway searches, as an act by the officer, firmly believing that he has constitutional authority, because his boss told him he could do it — just obeying orders, sir — an act has been committed outside of any reasonable constitutional authority.

Thus concludes the First Constitution.

Now, let us eaxamine the Second Constitution. When the Supreme Court ventures into a matter before it, when they rule, we assume that the ruling is based upon the “constitutionality”. Silly us, we are so deceived. Let’s take a decision made just a few days ago, Hedges v. Obama, U.S. Supreme Court, No. 13-758, wherein the Court said that Hedges had no standing to challenge the National Defense Authorization Act (NDAA) as unconstitutional. Why can’t we challenge a law, made by the legislature, or even an administrative agency, to see if we are bound by that which the law applies?

Here is what James Madison said about laws in Federalist Paper #62:

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?

So, did they rule on the Constitutionality, as we would expect? No, they did not; they only said that they won’t hear the matter, since Hedges had no standing. But, more about standing, shortly. Just remember this, “Rule #5”, as we continue.

Now, let’s look at another decision from 2012, dealing with Patient Protection and Affordable Care Act, National Federation of Independent Business v Sebelius, Supreme Court, No. 11-393. This is the case that many of us are familiar with because of Chief Justice Robert’s opinion, wherein he held that the “penalty” described in the Statute was not, in fact, a penalty, rather that it was a “tax”. Well, was he addressing constitutionality? Now, just remember “Rule #7”.

Finally, at least in subject matter for consideration of the Second Constitution, let’s look at our belief that the Supreme Court rules on the Constitutionality of most, if not all, of the matters before it. I will refer to Rules #1, #2, #3, #4, and #6. Well, that’s all of the Rules, and you can find out what that means, in the words of Justice Brandeis, by going to About Ashwander v. TVA.

So, the Second Constitution is the one that most believe to be the “real” Constitution, as set forth by the Framers. Instead, we find that it is the “Constitution” promulgated (or, should I say foisted upon us?) by a Supreme Court that is unclear or ambiguous in their decisions, or is simply codifying the incremental expansion of police powers by slowly decimating our rights, from case to case, extending those powers to law enforcement and other agencies of government. Most attorneys (if not all) are taught this as Constitutional Law, most often dealing with cases decided after the early 1900s. After all, many of them are in direct conflict with the John Bad Elk decision from the Self Defense article (linked above). It was in the late 1800s that Yale began teaching case law instead of substantive law. That change allowed the Court to avoid consideration of constitutionality, in favor of what has resulted in incrementally undermining the written word and the intent of the Framers, along with our Rights, in favor of what can best be described as a Despotic government — death of the Constitution — by judicial activism.

So, on to the Third Constitution. This does not require any special skills, it only requires that you get a copy of the Constitution, remove those preconceived notions (based upon the above) of what you have been lead to believe it says, and digest each and every word of it.

So, what we have seen is that the First Constitution is an interpretation by a chief law enforcement officer who believes that he has to give his “troops” a greater discretion in fighting the evils of “them”, whether under the guise of the War on Drugs, terrorism, Officer Safety, or any other rationalization. This, then, becomes a practice that, when it appears to violate the Constitution, will be challenged by an individual, an organization, ACLU, SPLC, or even the Justice Department, for the purpose of getting a ruling from the Supreme Court, hopefully to obtain an extension of police powers or a further encroachment on our Rights. But, have no fear. They will run this same gauntlet, yet again, to revise the Second Constitution, each time, granting more powers and obscuring more rights. Each of these is a subversion of the Constitution that created the very government that is intent upon destroying the limitations within the Document, and expanding those powers that were intended to be limited.

So, the final question for you to answer is, which Constitution have you taken your Oath to?

The End of the Bundy Affair (maybe)

Gary Hunt
Outpost of Freedom
April 12, 2014

Though I have been in touch with one of the Bundys, I haven’t been reporting on it.  Surely, there is more coverage of this event and activity than any in recent memory.

That, however, brings up something noteworthy.  At Waco, a call went out, early in the siege.  Less than a hundred people showed up.  Later, in April, another event was called by local Texans.  That had a bit better showing of perhaps 200-300 people.  That, however, was the extent.

Since that time, a number of organizations came into being, though many fled after the Murrah Building Bombing.  Some, however, stayed, quietly prepared for such an event as has just occurred.  It is that preparation , and subsequent new entries into the patriot community that were far more prepared to deal with, by whatever means necessary, the Bundy affair.

So, what is the outcome?  Well, BLM says that they are backing down out of concern for the safety of government employees, government contractors, and the public.  However, they failed to mention that they had bribe inspectors and an auction house in Utah to ignore laws requiring cattle health certification and branding laws — to avoid rustling of cattle, which is exactly what they were doing — as each of these (safety and branding) would have required Cliven Bundy to sign the certifications, as the owner of the livestock.

They also ignore the fact that the patriot community has, for the first time, responded, in large and growing numbers, to the VR Ranch, in opposition to the government’s activities.

The foundation for the government’s claims rests with the desert tortoise.  They wanted to designate this as a preserve that would protect them and allow them to safely prosper.  However, that is a load of, well, cattle poop, as cattle poop, in itself, is one of the best things that can happen to such critters.

In the past, nature had wildlife that roamed, and pooped, in this area.  Man has moved most of them out into other realms, leaving little to supply the wants of the tortoise.  However, in a recent article on Canada Free Press (http://canadafreepress.com/index.php/article/62380) that argument is made for what it is — cow poop.  A study demonstrated that cattle poop is salvation for the tortoise, and that it can prosper because of it, and will struggle to survive without it.

Probably most important, however, is the fact that patriots responded.  Cliven Bundy put out a call.  Unfortunately, the patriot community, in many instances, chose to implant their conspiracy theories into the story, explaining that the reason behind the government actions had to do with _____ (fill in the blank).  Simply put, it had to do with the government taking control over as much of the public lands as possible, thinking that the public is the government, not the people, themselves.

The efforts of the government to misrepresent, and to utilize means described in “Vortex” (http://www.outpost-of-freedom.com/blog/?p=642), they could not sway the distaste of government intrusion in our lives from the concern of so many who answered the call.

Most important of all, however, is the fortitude of Cliven Bundy and his family, who really were willing to put their “lives, fortunes, and sacred honor” on the line for a cause they believed in.

Second, those who did answer the call deserve our profound respect, as they took from their time and resources, and responded when the call was given.

And, finally, to those who supported the Bundys, by others means, believing that the government was wrong and devoted their time and energy to support, as best they could, those who were in need.

Related articles:

The Bundy Affair – The Battle Continues

The Bundy Affair – Who Was Not in the Front?

The Bundy Affair – Is Anybody in Charge Here?

The Bundy Affair – Oathkeepers vs. Militia

The Bundy Affair – Oath Keepers vs. Militia – Part II

Stealing Valor

The Bundy Affair – Vetting the Millers

The Bundy Affair – Answering the Most Common Question

The Bundy Affair – The Revenge of the BLM

Merry Christmas 2013
Duck Dynasty as a wonderful moral Christmas present

Gary Hunt
Outpost of Freedom
Christmas Eve, 2013

Just a week before Christmas, the Spirit of the Christian Faith has arisen to a degree unseen for decades.  It began when a reality program personality, in an interview, made observations about his faith and the Bible, principally directed at queers – those who have aberrational lifestyles.

In just a few days, the forces of the oppressed people of Christian Faith, or simply, Christian moral values, have come together by the millions to denounce those who would use social, political, or economic pressure to suppress what has been foundational to this country, and land, for nearly four centuries.

Under the guise of political correctness, “tolerance”, and verbicide (the changing of the meaning of a word to effect a social or legal change), our country has been chicaned (past tense of chicanery) into a submissive state, in terms of moral values.

Let’s look at how verbicide works (See Freedom of Speech).  We take a perfectly innocuous word, having a meaning that is readily accepted and has a positive connotation, such as:

Webster’s New Ideal Dictionary (1978)
gay:  1.) happily excited; MERRY, 2 a.)  BRIGHT, LIVELY, b.)  brilliant in color, 3.)  given to social pleasures; also, LICENTIOUS

Now, that third definition may border on immorality, though it is the least significant, and most often referred to the “gay blades” of the aristocracy.

Merriam-Webster on line (2013)
gay:  1 a.)  happily excited: merry <in a gay mood>, b.) keenly alive and exuberant: having or inducing high spirits <a bird’s gay spring song>, 2 a.)  bright, lively <gay sunny meadows>, b.)  brilliant in color , 3.)  given to social pleasures; also : licentious, 4 a.)  homosexual <gay men>, b.)  of, relating to, or used by homosexuals <the gay rights movement> <a gay bar>

In just over thirty years, we have a fourth definition, that, though in fourth place in Merriam-Webster, has become, in common usage, the only remaining definition of the word, as any other definition would tend to assign an improper connotation to the use of the word.

An example would be, say, the old “Donna Reed Show” (1958-1966), where, on occasion, the Stones would be invited to a “gay party” (actual expression in a number of the series episodes).  Of course, it was not a party of queers, rather, it was a party where the atmosphere would be jovial, and there would be humor in the telling of clean jokes.

However, if one were to say that they were going to a “gay party”, today, some would be excited, however most, being those of Christian moral values, would look askance at the person who made such claim.

What has happened is that a change in definition has had the affect of changing the moral and social acceptance of a lifestyle that might best be left in “the closet”.

Once the structure — the verbicide — has come into play, the next step is a demand for tolerance (how can you demand tolerance, isn’t that, in itself, intolerance?).

This call for tolerance came out because of the interview, mentioned above, when GLAAD (Gay & Lesbian Alliance Against Defamation) responded to what Phil Robertson said, when explaining his religious beliefs.  He explained that there is a logical fit between certain parts of the human anatomy, and there is a “not logical” fit.  He then paraphrases Corinthians, in the Bible, when he lumps “the adulterers, the idolaters, the male prostitutes, the homosexual offenders, the greedy, the drunkards, the slanderers, the swindlers” into one lot, those that will not inherit the Kingdom of God.

GLAAD spokesperson, Wilson Cruz, condemned his Robertson’s words, saying that “Phil and his family claim to be Christian, but Phil’s lies about an entire community fly in the face of what true Christians believe.”  I do find it interesting when a spokesman for queers asserts his understanding of the Bible and its moral values, contrary to the wording in that Bible.

But, wait, GLAAD admits, by their organization’s name, that they are “Against Defamation”.  So, they, then, defame Robertson for paraphrasing an ancient source of moral values, when they, GLAAD, have probably never taken the time to read, let alone understand, that book that was fundamental to the origination of our country and moral laws.

Instead, he reverts to a one-sided attempt at “tolerance” (the ability or willingness to tolerate something, in particular the existence of opinions or behavior that one does not necessarily agree with), which in his statement, is demonstrative of intolerance.  Cruz continues, “He clearly knows nothing about gay people or the majority of Louisianans — and Americans — who support legal recognition for loving and committed gay and lesbian couples.”  Interesting that the presumption of what the majority believes is coming from one that is desperately seeking acceptance, and presumes to speak for those who have, as a result of both verbicide and “tolerance”, simply remained silent (tolerant) for the sake of “political correctness”.

Perhaps, however, the greatest gift that Providence has given to mankind, in recent times, is this demonstration of the deviation from holding moral principles and values, and the necessity to begin to stand, once again, for those values that are at the very heart of this great nation.

Like fireworks bursting forth, to celebrate the birth of Jesus, the Christ, the rebirth of moral values, and against political correctness, is now bursting forth in a brilliance, and with a magnitude, that will propel us forward an return us to the moral nation that was once, and will be again, the greatest nation on this earth.

With that in mind, let me wish to all,

A Merry Christmas

Habeas Corpus Suspended by the United States Supreme Court
The Sacred Writ has been Removed from the Constitution

Gary Hunt
Outpost of Freedom
December 5, 2013

What is Habeas Corpus?

There is only one Right embodied in the Constitution; the remainder are found in the Bill of Rights.  For the most part, the Constitution created a government and granted it only certain powers and authorities.  So, what right is so significant as to be included within the Constitution, while the Bill of Rights was not adopted until 2 years later?

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.  [Article I, §9, cl. 2]

What?  That says “Privilege”.  Well, a “Privilege” is a right that can be suspended, under certain circumstances.  Those circumstances are only in “Cases of Rebellion or Invasion”, and, being in Article I, of the Constitution, the authority to suspend that right lies only with the Congress.

If you were old enough, or fortunate enough, to have been taught about Habeas Corpus in your early schooling, you would know that it is the “sacred writ” and that it means, “produce the body”.  Well, that doesn’t tell you a lot, though it does demonstrate that even in school, the assurance that you had a rudimentary understanding of what Habeas Corpus was a part of the educational process.

So, what is Habeas Corpus?  We can look to Black’s Law Dictionary, 5th Edition, to find what a modern definition is:

habeas corpus ad subjiciendum.  A writ directed to the person detaining another, and commanding them to produce the body of the prisoner, or person detained.  This is the most common form of habeas corpus writ, the purpose of which is to test the legality of the detention or imprisonment; not whether he is guilty or innocent. 

This is the well-known remedy in England and the United States for deliverance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ, in all manner of illegal confinement.  The “great writ of liberty”, issuing at common law out of the Courts of Chancery, King’s Bench, Common Pleas, and Exchequer.

Perhaps we can look for a more specific explanation of just what it means by “the purpose of which is to test the legality of the detention or imprisonment.”  Detention, of course, would be simply “arrest”, while imprisonment is a consequence of conviction.  This is important to understand, as we proceed.  Now, we can see what some legal scholars, in the era of the framing of the Constitution, have to say.

First, we will look at the very foundation of Habeas Corpus in the Magna Carta, from 1215 A.D., which states, in Article 39, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”

Now, as you continue to read, you will see reference to “ill nature [or] mere inattention of government“; “repels the injustice of unconstitutional laws or despotic governors”; and, that it is “the great bulwark of personal liberty.”  Understand, regardless of what you have believed, that the Framers were concerned, as they understood human nature, and provided for, not in the Bill of Rights, but, in the body of the Constitution, this single means, this right, to challenge unconstitutional laws, giving the people, themselves, the means to nullify such enactments that were contrary to the powers and authorities granted by the Constitution.

In 1768, William Blackstone, in his Commentaries, says of the writ, “A remedy the more necessary, because the oppression does not always arise from the ill-nature, but sometimes from the mere inattention of government.”

In 1829, William Rawle, in his “A View of the Constitution of the United States”, tells us that it “is the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors.”

Finally, in 1833, Justice Joseph Story, in his “Commentaries on the Constitution”, provides that, “At the common law there are various writs, called writs of habeas corpus.  But the particular one here spoken of is that great and celebrated writ, used in all cases of illegal confinement, known by the name of the writ of habeas corpus ad subjiciendum...  It is, therefore, justly esteemed the great bulwark of personal liberty.”

There is another aspect of Habeas Corpus that is not addressed in any of the above descriptions, though, as we will learn as we continue down this road, the Supreme Court of the United States has also ruled that since there is both a federal constitution and a constitution within each state, jurisdiction is a consideration of Habeas Corpus, as well.

Demand for a Writ of Habeas Corpus

Habeas Corpus is two things; first, it is the demand for a writ of habeas corpus.  It is not automatic, and absent such request, there is no reason for the courts to even consider it.  Second is the issuance of a writ of habeas corpus, which, in past practice, required that the party incarcerated be brought before the court to determine if his imprisonment is legal.

So, we can look, once again, to the legal scholars, to see what they say about the demand.  However, before we do this, there is another source from which modern Habeas Corpus emanates, and we shall consider it.

In 1679, the first Habeas Corpus Act was enacted in England.  From that Act, we find:

And be it further enacted by the authority aforesaid, That if any officer or officers, his or their under-officer or under-officers, under-keeper or under-keepers, or deputy, shall neglect or refuse to make the returns aforesaid… shall for the first offence forfeit to the prisoner or party grieved the sum of one hundred pounds; (2) and for the second offence the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office…

So, we see that punishment for failure to respond to a writ of habeas corpus has penalties.

And, from Blackstone, we find, “it was, and is still, necessary to apply for it by motion to the court,… [that] if a probable ground be shewn, that the party is imprisoned without just cause, and therefore hath a right to be delivered, the writ of habeas corpus is then a writ of right, which may not be denied, but ought to be granted to every man that is committed, or detained in prison, or otherwise restrained, though it be by the command of the king, the privy council, or any other.”

So, the question arises, can the court not issue the Writ of Habeas Corpus, without showing cause why it should not be issued?  To answer this, we must first understand just what “suspend” means.  From Black’s Law Dictionary, Fifth Edition:

Suspend – To interrupt; to cause to cease for a time; to postpone; to stay, delay, or hinder; to discontinue temporarily…

Is Habeas Corpus Suspended?

Habeas Corpus, being a “writ of right”, as explained above, has a status similar to an “objection” during a trial.  Once demanded, it must be answered, prior to proceeding, as the objection will be “sustained” or “overruled” before proceeding.  Habeas Corpus, once demanded, is treated equally, in that it must be answered, prior to proceeding.  That answer can be either a refusal to grant the writ, based upon grounds expressed by the opposing party, or it must be granted and the writ issued.

It is significant, in terms of timeliness, to understand that when the writ is demanded, from 28 U.S.C. § 2243:

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith [immediately] award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

The writ, or order to show cause shall be directed to the person having custody of the person detained.  It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.

The judge or justice must respond to the demand immediately, and then the person having custody has three days, except for cause, which extends those three days up to twenty.  That is a requirement for a timely response, by the judicial branch, to a demand for habeas corpus.

So, we must begin at the beginning to understand that Habeas Corpus has been not only suspended, but has been blatantly ignored by the Judicial Branch of government, at every level; absent any lawful suspension by the Congress.

A Demand for Habeas Corpus was served on the jailers of Larry Mikiel Myers on January 27, 2012, direct to the Court.  This Demand was also mailed directly to the Sheriff, who should have forwarded it to the District Court Judge.  Mr. Myers received no response and was tried in the District Court beginning February 9, 2012.  The trial should not have commenced until the Habeas Corpus was answered.

A Demand for Habeas Corpus was prepared and sent, Certified Return Receipt, on February 10, 2012, to the District Court, the Sheriff, the 11th Circuit Court of Appeals, and, the Florida Supreme Court.  It was received by all parties on February 12, 2012.  The Sheriff and the District Court never acknowledged the service.

The 11th Circuit replied by returning the Demand for Habeas Corpus and saying that it must be filed with the District Court, and referenced FRAP (Federal Rules of Appellate Procedure) 22, which states, “Application for the Original Writ.  An application for a writ of habeas corpus must be made to the appropriate district court.  If made to a circuit judge, the application must be transferred to the appropriate district court.”  So, even though their rules state that THEY must transfer it to the District Court, They chose to pass it back to the Petitioner, avoiding dealing with their obligation to justice.

The Florida Supreme Court returned the Demand claiming that they had no jurisdiction — contrary to the record in which Wisconsin, in fulfilling its obligation to its citizens, twice, granted habeas corpus so that it could be taken to the United States Supreme Court.

So, the lower courts have failed to answer and return habeas corpus, effectively denying it, or, perhaps, since their own rules establish procedures, they “suspended” habeas corpus, arbitrarily and capriciously; and permanently.

This left only one recourse to assure that Mr. Myer could get a fair ruling on the constitutionality of the laws he was charged under.  If the Constitution still had standing in the government of the United States, original jurisdiction was forced, by inaction of the lower courts, to the United States Supreme Court — which is obligated to assure that the people of the United States have justice.

On November 26, 2012, the Petition for Habeas Corpus was submitted to the United States Supreme Court.  It was directed to Justice Antonin Scalia as the designated Justice for the Fifth Circuit, where Mr. Myers is currently incarcerated.  The Rules provide that the appropriate Justice may hear a habeas corpus, and in a review of Supreme Court decisions where the original jurisdiction (first hearing) of a habeas corpus was before that Court, it was always heard and decided by a single Justice.  However, the Clerk’s office, through seven rounds of correspondence, refused to direct it to Scalia, changed the caption from “In Re Larry Mikiel Myers” to “In Re Gary Hunt”, where the record shows that the incarcerated person is the proper name for the caption, not the “attorney of record.”

In an effort to correct these errors, on September 22, 2013, an “Emergency Petition for Writ of Mandamus” (a Mandamus is an order for an official to perform his duty)  (Exhibits to Mandamus) was served on the Court.  Receiving NO response, whatever, to that Petition, a follow up letter was sent on October 12, and no response has been forthcoming regarding the Mandamus.  It would appear as if they can’t respond to something with legal authorities, they just don’t respond.

The final effort at disposing of the original Petition by the Clerk’s office was a claim that I had no right, as a non-attorney, to file a Petition of Habeas Corpus on behalf of another party, Mr. Myers (See Mandamus and Exhibit 9 to Mandamus, linked above).  A 1990 Supreme Court decision dispelled that claim (you would think that the Clerk’s office should know what decision the Court had made in that matter), wherein the decision did allow one in my position to file on behalf of Mr. Myers.  The Petition was finally put on the Docket on June 29, 2013, to be discussed in Conference on September 3, 2013.  That Conference then DENIED the Petition.  Subsequently, a Petition for Rehearing was filed, within the requisite time frame, for a November 26, 2013 (exactly one year after the first service to that Court — so much for being timely) Conference, and this, too, was subsequently DENIED on December 2, 2013.

Who can Suspend Habeas Corpus?

“Under the constitution of the United States, congress is the only power which can authorize the suspension of the privilege of the writ.”

“The clause of the constitution, which authorizes the suspension of the privilege of the writ of habeas corpus, is in the 9th section of the first article.  This article is devoted to the legislative department of the United States, and has not the slightest reference to the executive department.  It begins by providing “that all legislative powers therein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.”  And after prescribing the manner in which these two branches of the legislative department shall be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants [and legislative powers which it expressly prohibits]; and at the conclusion of this specification, a clause is inserted giving congress “the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.”

The above from Ex Parte Merryman, Circuit Court D, Maryland, April Term 1861, Decision by Supreme Court Justice Robert B. Taney.

Now, there may be some ambiguity in just what is meant by “suspend”, so we will refer to Black’s Law Dictionary, Fifth Edition:

To interrupt; to cause to cease for a time; to postpone; to stay, delay, or hinder; to discontinue temporarily…

However, if Congress were to suspend Habeas Corpus, it would have to be an enactment, by them, stating what the cause was, rebellion or invasion, and other matters that would advise us that they had temporarily, suspended habeas corpus, and when the “suspension’ would be concluded.  Any other denial of that right would be a blatant and unmitigated violation of the Constitution.  On the other hand, the United States Supreme Court has simply done away with Article I, Section 9, clause 2, of the Constitution — they have simply removed it from the Constitution — a blatant and unmitigated violation of the Constitution.

The Petition for Rehearing

Some of the arguments presented in the Petition for Rehearing include:

A court has a legal and constitutional obligation to answer and return a Writ of Habeas Corpus, when demanded.  When the District Court refuses to answer and return, the next step is the Circuit Court.  When the Circuit Court refuses, in violation of their own Rules, to send the Demand for Habeas Corpus to the District Court, and refuses to answer and return, that leaves only this Supreme Court in which a citizen may find remedy, by answer and return.

To Deny this Petition [for Rehearing] is to Deny the obligation on government created by Article I, § 9, clause 2.

To Deny to answer and return the Demand for Habeas Corpus is to Deny the Constitution, itself — and the government created thereby.

This last argument is based upon a decision by the North Carolina Supreme Court in 1787, they being cognizant of the relationship and responsibility of the government to its constitution.  The case is Bayard v. Singleton (1 N.C. 42):

But that it was clear that no act they [the legislature] could pass could by any means repeal or alter the constitution, because if they could do this, they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established. 

That is the consequence of a government failing to abide by its responsibility under a constitution.

* * * * * * * * * * * * *

From: Supreme Court Docket 13-5008

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So, there, you have it.  If you understand what the Supreme Court has done to remove that sacred right embodied in the Constitution, you might also realize that if this is to change, it will be to the benefit of ourselves, our Posterity, the Constitution, and the insight of the Framers who wanted to give us a form of government that would not find us resorting to our “duty”, according to the Declaration of Independence, to secure our Liberties”

“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.”

I believe that, if we can muster our forces, the Supreme Court needs to be put on trial in the Court of Public Opinion.  This would require a massive effort to get the information out to as many as possible, such as:

To your Congressional Representatives, as the Court has usurped their authority.

To radio and TV talk shows.

To patriot websites.

To everybody on your mailing lists, with a request that they pass it on to all of their lists, show hosts, representatives, etc.

Let the Court of Public Opinion Convene

The People and the Constitution v. United States Supreme Court

 A PDF of this article, suitable for forwarding to contacts or representatives:

Habeas Corpus Removed from the Constitution

There is more to this story at Another Story Behind the Story