Outpost of Freedom blog

The Bundy Affair – Answering the Most Common Question

Gary Hunt
Outpost of Freedom
September 5, 2014

One question that is often asked of me, when the discussion involves the Bundy Affair is, “Was Cliven Bundy in charge of the militia?” Though it has been addressed, to some degree, in my previous writings on the incident in Nevada, many still have not grasped it.

So, let’s look at what happened when the entire matter went public. Cliven Bundy, the patriarch of the family, went public with a request for help and support from anyone who saw that the federal government was being unfair. This wasn’t new, since back in 1993, large numbers of people had gone to the ranch in support of the Bundys, in opposition to the aims of the federal government.

In 1993, the grazing fees were raised. Bundy refused to pay the increased fees, for a number of reasons — primarily that the fees were not going back into grazing land improvements, which was supposed to be the primary expenditure for the money raised by those fees. He was, however, willing to pay the old fee rate to Clark County, though they refused to accept them. Hundreds of people went to the Ranch in support of Cliven’s resisting what was apparently an effort to terminate grazing on public lands. Among those who put out the call, at the time, was Lou Epton, a popular radio host in Las Vegas. Lou even went to the Ranch, in support of Bundy.

Two federal judges, Senior District Judge Lloyd D. George (July 9, 2013)and Judge Larry R. Hicks (October 8, 2013) signed orders enjoining Bundy’s “trespass cattle” from grazing on “new trespass land” and allowing the BLM to “arrest” those “trespass cattle” if they grazed on the Trespass land. What the judges failed to recognize is that, first, cattle don’t read very well, and, second, that if the cattle were “arrested”, for any use to be made of them, they would require both Cattle Health certification and Brand certification, both of which, by law, require the signature of the owner of the cattle. Absent Bundy’s signature, transportation into another state, auction, even slaughterhouses, would have to violate the law by receiving the cattle. This made the BLM and the judges complicit in criminal activity — an oft-overlooked consequence of trying to rustle cattle, in this modern age.

Well, what worked in 1993 might also work in 2014. So, when the BLM began their effort to “rustle” the Bundy cattle, Cliven put out a call for supporters to came, as they had twenty years before, and stand against the chicanery of government.

Among those that heard the call, were Jerry Bruckhart and Ryan Payne, both of Operation Mutual Aid (OMA). Ryan arrived on April 6 and met with Cliven. He offered his services to act as a liaison and coordinate activates of militia members from around the country, who might arrive in support of Bundy’s position of defiance against irrational federal activity. Cliven made clear to Payne that he was not calling up the militia, nor was he encouraging them to help. He was only seeking support by anyone who was willing to contribute their time and effort.

The volunteers who answered the call can be classed in four different categories: Local supporters who were concerned over the intrusion of their community by an onslaught of armed federal agents; cowboys from the area who were willing to stand in defense of Bundy’s rights; Other supporters, many from other states, who felt that the government was, once again, acting contrary to the Constitution and against the people; and, Militia members, again many from other states, being willing to stand, armed, against government aggression — though only in a defensive posture.

Each of the groups decided what they wanted to do, often coordinating with another group. On April 12, 2014, all of the groups worked in concert to achieve the now famous “cattle unrustling”. It was not coordinated from above — by Cliven Bundy. On the contrary, throughout the entire event, he was unaware of much of what occurred, until reports came back of an incident. He simply had faith that those who came to support him would do so in a lawful and peaceful manner.

This doesn’t mean that some of his children and close friends were not working with others. How could you not do what you could to help such fine people as Cliven and Carol Bundy, whether related, or not. Consequently, there was a degree of coordination between groups, as they were all there for the same purpose. And, there were members of the family that were aware of what was going on, from day-to-day, though they never sought advice from, nor apprised Cliven, of what was going on — only reported things that had happened.

So, go back to the beginning question. There were essentially two militia groups. One was off the Ranch on public lands, this group providing a defensive perimeter — to insure that the BLM agents did not enter the Bundy property — which was not authorized by either court order. The other militia unit was detached from the militia and took a role, as individuals, to protect the immediate family, at the Ranch. They were not acting as militia, rather as a Personal Security Detail. They remained on the property and near the house, wary of the government, especially in light of incidents including Donald Scott, Vicki Weaver, David Koresh, and others who had managed to bring the lethal wrath of government upon them. However, Cliven didn’t control them any more than the President controls the Secret Service. Each have their job to do, and each will do all within its power to fulfill its mission.

The method of relationship established between the militia and the owner of the proper, in this incident. resulted in the making the establishment of such a relationship a principal element of the Organizational Plan for Militia Response, as a guideline in any future incident.

So, it’s time to put to rest the idea that Cliven Bundy was the Commanding Officer of the militia. It is much more reasonable to understand that Cliven Bundy was subject to the effect the militia had on the situation. It was independent, and only had a liaison with Bundy so that each would know what the other was doing, to the degree that there might be conflict between the two. It might best be said that Cliven was relying on Divine Providence, and, the militia was, also, relying on Divine Providence.

Related articles:

The End of the Bundy Affair (maybe)

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 – The Revenge of the BLM

“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

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?
… jealously guard our Liberties

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

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

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