The War is actually begun!

“THE WAR IS ACTUALLY BEGUN”

After debate of solutions to the impending extension of control by the British, the Virginia Assembly was addressed by Patrick Henry on March 23, 1775 (nearly a month before Lexington-Concord). Solutions had been presented that might be consistent with Common Law Courts, Redress through legislative action, petition, boycott, demonstration, etc. The British had already imposed military control over certain areas, including Boston where “Indians” had dumped 342 chests of tea into the harbor.

As you read the following, think of the efforts being exerted by “patriots” all over the country today. Think, also, of incidents in California (Scott), Idaho (Weaver and Harris), Arkansas (Kahl) and Waco, Texas (Branch Davidians). Think of the legislation that has been passed, or pending, in Congress.  Compare the circumstances of our past and determine whether we have learned from them, or not.

 

“No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the house. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen, if entertaining, as I do, opinions of a character very opposite to theirs, I shall speak forth my sentiments freely, and without reserve. This is no time for ceremony. The question before the house is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery. And in proportion to the magnitude of the subject, ought to be the freedom of debate. It is only in this way that we can hope to arrive at truth and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time through fear of giving offense I should consider myself guilty of treason toward my country and of an act of disloyalty toward the majesty of Heaven which I revere above all earthly kings.

Mr. President it is natural for man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth – and listen to the song of the siren till she transforms us into beasts. Is this the part of wise men engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it might cost, I am willing to know the whole truth; to know the worst and provide for it.

I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the house? Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those war like preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation – the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy in this quarter of the world to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British Ministry have been long forging. And what have we to oppose them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves longer. Sir, we have done everything that could be done to avert the storm which now coming on. We have petitioned – we have remonstrated – we have supplicated – we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free – if we mean to preserve inviolate those inestimable privileges for which we have been so long contending – if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained – we must fight! I repeat it, sir, we must fight!! An appeal to arms and to the God of Hosts is all that is left us!

They tell us, sir, that we are weak – unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs, and hugging the illlusive phantom of Hope, until our enemies shall have bound us hand and foot? Sir, we are not weak, if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of liberty, and in such a country as that which we posses are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat, but in submission and slavery! Our chains are forged, their clanking may be heard on the plains of Boston! The war is inevitable – and let it come!! I repeat it, sir, let it come!!!

It is in vain, sir, to extenuate the matter. Gentlemen may cry, peace, peace – but there is no peace. The war is actually begun. The next gale that sweeps from the North will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

 

Who makes the Laws?

Who makes the laws?

(“He has erected a multitude of new offices”)

Gary Hunt
Outpost of Freedom
December 22, 2009

“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?”

James Madison
Federalist Papers #62

We have been taught that the Congress of the United States makes the laws.  After all, we elected them to legislate, to make those laws that are necessary for the government to exist and to do its job.  But the question arises — does Congress make those laws that we are bound to?

Well, for over 150 years, the Congress did make the laws.  But, then, they got too busy with other things and found that they didn’t have time to do what they were elected to do, rather, they opted to delegate the authority to make the laws to others, giving them more time to socialize with their friends and local lobbyists.  Of course, they rationalize their actions as the way that they have found to work the best to conduct their duties for us.  They have put the specific authority for making most laws into the hands of those who are, well, more experienced and more qualified to make those laws than the Congressmen, themselves, the they, for the most part, are completely unknown to us.

I realize that this is a hard nut to swallow, so we must begin looking at a law that was enacted in 1946.  This law was passed by the Congress, but, it was also the beginning of the end of Congress ‘wasting their time’ doing what they were being paid to do.

We will begin with a brief legislative timeline of the Administrative Procedure Act.  In 1937, a Presidential committee recommended “separation of investigating/prosecuting functions from decision making functions”.  So, the first recommendation to deal with Administrative agencies was to separate their functions.  The Act, which claimed to address these concerns, was first submitted in 1939, under the title, Walter- Lagan administrative procedure bill.  It passed Congress, but was vetoed by then President Franklin Roosevelt.  It was again submitted to Committee in 1941, went through numerous hearings, and was resubmitted again in 1944, with no action taken.  It was submitted, again, as Senate Bill 7 (SB. 7) in 1945.  This Act was passed into law in 1946.

During the course of submission, review and resubmission, a number of statements were made in defense of the procedure being used to, well, refine the Procedures Act.  In an article by Wills Smith, a member of the North Carolina Bar and President of the American Bar Association, he said.  “A bill of that character in these days required a background of preparation to achieve such acceptance.”

Let me point out, here, that within the Congressional Record, many Bar associations, attorneys and CPAs (Certified Public Accountants) were shown to be supportive of the Act.  Why not?  It created a lucrative field from whence they could broaden their client base.

We can look at years of legislative practices that demonstrate that legislation will be submitted, objected to, refused, revised, resubmitted, and on and on, until the concept has been rendered acceptable.  This does not mean that what is first passed will be the ultimate result.  More often, it is simply a way for the Congress to “get their foot in the door”, and, once we, the People, have gotten used to the existence of such an such a program, they can then ‘adopt’ revisions to bring it up to where it was intended to be, in the first place.

The Bill, “Administrative procedure Act”, was submitted by Representative Pat McCarran, Democrat, Nevada, who gave us some insight into its purpose, when he said (from the Congressional Record, March 12, 1946), “We have set up a fourth order in the tripartite plan of government which was initiated by the founding fathers of our democracy.  They set up the executive, the legislative, and the judicial branches; but since that time we have set up fourth dimension, if I may so term it, which is now popularly known as administrative in nature.  So we have the legislative, the executive, the judicial, and the administrative.”

“Perhaps there are reasons for that arrangement.  We found that the legislative branch, although it might enact a law, could not very well administer it.  So the legislative branch enunciated the legal precepts and ordained that commissions or groups should be established by the executive branch with power to promulgate rules and regulations.  These rules and regulations are the very things that impinge upon, curb, or permit the citizen who is touched by the law, as every citizen of this democracy is.

 

“This is not a Government of man.  It is a Government of law; and this law is a thing which, every day from its enactment until the end of time so for is this Government is concerned, will touch every citizen of the Republic.

 

“Senate bill 7, the purpose of which is to improve the administration of justice by prescribing fair administrative procedure, is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal government.  It is designed to provide guarantees of due process in administrative procedure.

 

“The subject of the administrative law and procedure is not expressly mentioned in the constitution, and there is no recognizable body of such law, as there is for the courts in the Judicial Code.

 

“Problems of administrative law and procedure have been increased and aggravated by the continued growth of the Government, particularly in the executive branch.

 

Therefore, they have set up the fourth branch of government.  The Constitution established three branches of government.  It also provided means for amendments to the Constitution.  The provision for amendments was intended to modify the Constitution, if it were judged to be insufficient for the purposes.  It did not give the legislative branch, or, the executive branch, the authority to establish a fourth branch of government — that bridged the gap between the legislative and executive, and, created its own judicial branch.

Note, also, that he suggests that hundreds of thousands of Americans will benefit by the creation of these administrative agencies.  He does, however, recognize that there is no “body of such law” in the constitution, though the he does not prescribe a proper remedy.

Finally, he acknowledges that the problem is created by the “continued growth of the Government, particularly in the executive branch”.  So, I suppose, we are to accept that the founding fathers intended for the executive branch to extend ‘outward’ and touch every aspect of our lives.

Later, on May 24 (Congressional Record), Representative John Gwynne of Iowa provides insight into what “rule making” is when he has said, “After a law has been passed by the Congress, before it applies to the individual citizens there are about three steps that must be taken.  First, the bureau having charge of enforcement must write rules and regulations to amplify, interpret, or expand the statute that we passed; rulemaking, we call it.  Second, there must be some procedure whereby the individual citizen who has some contact with the law can be brought before the bureau and his case adjudicated…  Finally, there must be some procedure whereby the individual may appeal to the courts from the action taken by the bureau.

 

“Amplify, interpret or expand”?  Pretty much a free hand to extend their authority where the Founding Fathers never contemplated such power.  But, there you have it.  The agencies have become “rule maker” (legislator), judiciary, and overseer of their own activities.

When we think of the Bill of Rights, we think of those areas where the government cannot intrude into our lives.  Those Rights are preserved and sacred.  To assume that the government has created a “bill of rights” within the purview of the administrative agencies is about as preposterous as can be imagined.  Most of the Rights protected by the Bill of Rights have fallen prey to the administrative agencies’ rules, policies, and regulations.  The Due process that is assured by the Constitution is subordinated to agency tribunals rather than courts established in accordance with Article III of the Constitution.

The federal agencies have been established in such a way that their regulations have the effect of law, though they were promulgated by the agencies.  Though most actions by the agencies are subject to review by the Supreme Court, we need to understand what the Court has said, with regard to review of matters that come before it.

From Ashwander v. TVA [297 U.S. 288 (1936)]:

MR. JUSTICE BRANDEIS, concurring.

The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are:

1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals.  It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act

2. The Court will not anticipate a question of constitutional law in advance of the necessity of deciding it…  It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case.

3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.

4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of.  This rule has found most varied application.  Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter…  Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground.

5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation…  Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right.  Thus, the challenge by a public official interested only in the performance of his official duty will not be entertained…  In Fairchild v. Hughes, the Court affirmed the dismissal of a suit brought by a citizen who sought to have the Nineteenth Amendment declared unconstitutional.  In Massachusetts v. Mellon, the challenge of the federal Maternity Act was not entertained although made by the commonwealth on behalf of all its citizens.

6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7. ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

 

Understand that these principles laid out in Ashwander were laid out 10 years before the Administrative Procedure Act.  Those in Congress had no doubt that the Constitution would be subordinate to the Administrative Agencies’ rules, regulations, and procedures.

Administrative Agency rules have made slaves of states, by providing funding conditioned on action or activities predicated by the Agencies, without regard to the proper relationship between the States and the federal government (10th Amendment).

The “continued growth of the Government, particularly in the executive branch”, demonstrates the folly that we find ourselves in.  It was determined by the Founding Fathers that we should have a President, not a King.  The function of the President was broad in external matters (foreign policy), and was defined as to carry out the will of the Congress (Legislative Branch) in internal matters.  Instead, the Act has modeled the President, as executive over the Administrative Agencies, a King who can enact rule and regulations which ignore the prohibitions in the Constitution and subordinate both the States (members of the Union) and the People (the sovereigns from which the authority of government evolves) to his will.

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

Two classes of Citizen

Two classes of Citizen

Gary Hunt
Outpost of Freedom
April 2, 2009
Let’s begin by understanding what some words mean:

Definition of United States:

Blacks Law Dictionary, Fifth Edition

United States.  The term has several meanings.  It may be merely the name of the sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which sovereignty of the United States extends, or it may be collective name of the states which are united by and under the Constitution.  [Hooven & Allison Co. v. Evatt, U.S.Ohio, 324 U.S. 652, 65 S.Ct. 870, 880, 89 L.eEd. 1252.]

So, we have:

a)     name of the sovereign occupying the position analogous to that of other sovereigns in the family of nations

b)    designate territory over which sovereignty of the United States extends

c)    collective name of the states which are united by and under the Constitution

So, when we look at Constitution, Art. II Sec. 1 Cl. 5, we will find:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;”

We need to understand that at this point in our history, every citizen was a citizen of one of the States of the Union (definition “c”).  The Constitution granted Congress the power to “To establish an uniform Rule of Naturalization”, but made no other provision which would allow the United States to have its own citizens.  There would be no need for uniformity if the government were in charge of naturalization; rather, a uniform rule had to be established to apply to the Member States and their naturalization of citizens.  Basically, there was no ground (except the proposed ten miles square) which would constitute a place for citizens to exist, except in the respective states.

Further, Article III, Sec. 2 provides that the supreme Court has judicial power extending to all cases “… between a State and Citizens of another State;{9}–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”

And, Article IV, Sec 2 provides that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States,” again, implying only that state Citizens exist.  Note that “of each State” is different, grammatically, than ‘in each state’.  The “of” denotes “that from which anything proceeds; indicating origin, source, [and] descent” [Black’s Law Dictionary, 5th Edition].

It wasn’t until the dilemma of what to do with the guests, recently freed by the Slavery Amendment occurred that a solution needed to be found.  The Fourteenth Amendment was ratified, under pressure to the Southern States, to create a class of citizen which would provide for those recently freed.

The Fourteenth Amendment reads, in part:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Interestingly, the Constitution first sets forth the concept of “subject to the jurisdiction of” in that Amendment.  Though I can’t find it, now, I read an assessment of that portion of the Fourteenth that seemed to support that those “orphans” of the war (the freed slaves) went from chattel to persons and, since the states did not allow them citizenship, they became ‘property” of the United States (subject to the jurisdiction of).  That aside, however, since I can’t find support for it, but offer it only as a consideration, along with the rest of what will be presented to demonstrate the point.

It also sets forth, for the first time, a concept of dual citizenship. “[C]itizens of the United States and of the State wherein they reside” clearly gives us two jurisdictions of which those affected by the Amendment are included.  The United States (probably “b”, though the cases I will cite are silent as to which it is) and the State (“c”).

So, for the first time in our history we have a citizen of the United States and a citizen of a State – dual citizenship.

This begs the question as to whether this imposition of dual citizenship applies to people who would otherwise be citizens – absent the Amendment.  Obviously, citizens of the States existed prior to the ratification, and, since the Amendment does not remove anything that previously existed (repeal an existing law), it would appear that those who were not within the described realm (subject to the jurisdiction thereof) are not subject to the imposition of the dual citizenship status.

It is also interesting to note that subsequent to the Fourteenth Amendment, there is no reference to state citizens, even though the Fourteenth had reaffirmed the existence of that entity.  Is it possible that the subsequent amendments do not apply to those who are state citizens?

Going back to the first cases decided based on citizenship and the Fourteenth Amendment, we find:

Slaughterhouse Cases, 16 Wall. 74 (1873).

“We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other.”

U S v. CRUIKSHANK, 92 U.S. 542 (1875)

Citizens are the members of the political community to which they belong. They are the people who compose the community, and who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as their collective rights. In the formation of a government, the people may confer upon it such powers as they choose. The government, when so formed, may, and when called upon should, exercise all the powers it has for the protection of the rights of its citizens and the people within its jurisdiction; but it can exercise no other. The duty of a government to afford protection is limited always by the power it possesses for that purpose.

* * * * *

The people of the United States resident within any State are subject to two governments: one State, and the other National; but there need be no conflict between the two. The powers which one possesses, the other does not. They are established for different purposes, and have separate jurisdictions. Together they make one whole, and furnish the people of the United States with a complete government, ample for the protection of all their rights at home and abroad. True, it may sometimes happen that a person is amenable to both jurisdictions for one and the same act. Thus, if a marshal of the United States is unlawfully resisted while executing the process of the courts within a State, and the resistance is accompanied by an assault on the officer, the sovereignty of the United States is violated by the resistance, and that of the State by the breach of peace, in the assault. So, too, if one passes counterfeited coin of the United States within a State, it may be an offence against the United States and the State: the United States, because it discredits the coin; and the State, because of the fraud upon him to whom it is passed. This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.

 

Each within its own jurisdiction?  Interesting how the feds seem to have expanded their jurisdiction to wherever they want it to be.

This next case, in the United States supreme Court, deals with a person, over forty years after the ratification of the 14th Amendment, who was compelled to testify against himself in a New Jersey court.  He was convicted, and appealed to the New Jersey Supreme Court.  The conviction was upheld and the case then went to the United States supreme Court.

Though the court did not address the issue of state citizenship, directly, the jurisdiction of the New Jersey court where the trial was held had determined that, since the defendant was a state citizen, and not a federal citizen under the 14th Amendment, the extension of portions of the Constitutional requirements being imposed on the states by the 14th Amendment did not apply in this case.  This left the Defendant (petitioner) without the protection afforded by the 14th Amendment, and subject to the laws, as they existed in New Jersey, without regard to the 14th.  The supreme Court upheld the lower court.

I will include excerpts from the record which demonstrate the status of the defendant and the court’s indirect agreement to the absence of a nexus to the 14th Amendment. This is supported by both the Court’s opinion and the dissenting opinion – leaving no doubt that there are the two classes of citizen.

TWINING v. STATE OF NEW JERSEY, 211 U.S. 78 (1908)

Mr. Justice Moody, after making the foregoing statement, delivered the opinion of the court:

* * *

It was argued, inter alia, that the statute abridged the privileges and immunities of the plaintiffs in error as citizens of the United States, and the particular privilege which was alleged to be violated was that of pursuing freely their chosen trade, business, or calling. The majority of the court were not content with expressing the opinion that the act did not in fact deprive the plaintiffs in error of their right to exercise their trade (a proposition vigorously disputed by four dissenting justices), which would have disposed of the case, but preferred to rest the decision upon the broad ground that the right asserted in the case was not a privilege or immunity belonging to persons by virtue of their national citizenship, but, if existing at all, belonging to them only by virtue of their state citizenship. The 14th Amendment, it is observed by Mr. Justice Miller, delivering the opinion of the court, removed the doubt whether there could be a citizenship of the United States independent of citizenship of the state, by recognizing or creating and defining the former. ‘It is quite clear, then,’ he proceeds to say (p. 74), ‘that there is a citizenship of the United States and a citizenship of a state, which are distinct from each other and which depend upon different characteristics or circumstances in the individual.’ The description of the privileges and immunities of state citizenship, given by Mr. Justice Washington in Corfield v. Coryell, 4 Wash. C. C. 371, Fed. Cas. No. 3,230, is then quoted, approved, and said to include ‘those rights which are fundamental,’ to embrace ‘nearly every civil right for the establishment and protection of which organized government is instituted,’ and ‘to be the class of rights which the state governments were created to establish and secure.’ This part of the opinion then concludes with the holding that the rights relied upon in the case are those which belong to the citizens of states, as such, and are under the sole care and protection of the state governments. The conclusion is preceded by the important declaration that the civil rights theretofore appertaining to citizenship of the states and under the protection of the states were not given the security of national protection by this clause of the 14th Amendment.

* * *

Due process requires that the court which assumes to determine the rights of parties shall have jurisdiction. [The New Jersey court, since the defendants were State Citizens]

* *

Much might be said in favor of the view that the privilege was guaranteed against state impairment as a privilege and immunity of national citizenship, but, as has been shown, the decisions of this court have foreclosed that view.

* *

We do not pass upon the conflict, because, for the reasons given, we think that the exemption from compulsory self-incrimination in the courts of the states [as a State Citizen] is not secured by any part of the Federal Constitution. [Final reason for the decision was an absence of jurisdiction, since the defendants did not come under the 14th Amendment]

* *

Mr. Justice Harlan, dissenting:

* *

That Amendment, it was long ago decided, operated as a restriction on the exercise of powers by the United States or by Federal tribunals and agencies, but did not impose any restraint upon a state or upon a state tribunal or agency. The original Amendments of the Constitution had their origin, as all know, in the belief of many patriotic statesmen in the states then composing the Union, that, under the Constitution, as originally submitted to the people for adoption or rejection, the national government might disregard the fundamental principles of Anglo-American liberty, for the maintenance of which our fathers took up arms against the mother country. [Harlan argues that the protection against self incrimination is inherent in the due process clause, and applies regardless of the 14th Amendment]

The matter of state citizenship has not been brought before the supreme Court, for many years. There are probably two reasons for this:
1) That, as stated above, “as has been shown, the decisions of this court have foreclosed that view”
2) That most subsequent cases (all that I have found) deal, specifically, with Amendments which were ratified after the Fourteenth, and deal with privileges granted to US citizens, such as suffrage, civil rights, etc.

Based upon the above, can there be any doubt that there are, in fact and in law, two classes of citizen in the United States; And, that one can be of one class, the other class, or both classes?

Our Security Team

Our Security Team

Gary Hunt
Outpost of Freedom
May 10, 2009

Back in about the middle of 1992, a number of us had gotten together.  We were concerned over the future of America and wanted to be prepared for the changes that we expected to come.  Five of us (all men) met and decided to establish a network that could act to protect ourselves and provide aggressive action, if necessary.

We used to meet every Thursday, for lunch.  All would meet at my office and then we would pick a restaurant, rather randomly, so as to minimize the possibility of establishing a pattern that would leave us open to surveillance during our meetings.  Upon arrival at the restaurant, we observed all who come, after our arrival.  Not so much that we were concerned, at the time that we might be watched, rather, to establish a habit so that we were less likely to be subject to scrutiny during our future meetings.

After the third or fourth meeting, one of the members (George Sibley) asked if his common law wife (Lynda Lyon) could become a member, as well.  It was decided that we would have an answer by the next meeting.  We had decided that, once we were established, we would open the door to no new members.

I had not met Lynda, nor had two of the others.  George and the other member, however, had spoken very highly of her, so, by the next meeting, she was brought in to the group.  The decision had been made at the office, so she joined us at that meeting.  Now, we were six.

Something that that we had been discussing and working on developing was creating cells under leadership of each of the members.  Each member could enlist cell members, up to seven in number, which would be subordinate to that member.  George & Lynda opted for a single cell.  Cell members would be recruited, trained, understand that there was a larger unit, but no information about who, where, or anything else, which might jeopardize the other cells, was ever to be presented to the cell members.

Each member was to train his cell, as he saw fit.  We began, however, to work on standardizing the training, so that the best ideas of each of our members could be incorporated into the overall scheme.

We discussed how we would come together in the event that circumstances warranted it.  We picked a location in a heavily forested area northwest of Orlando for the meeting place.  We had arranged our communications so that if that meeting was ever called, by voice communication and contingent signals that we were to meet.

We discussed the possibility of infiltration of the cells.  It was decided that, if we were called up, once the cell was brought together, and long before they had any idea where the meeting place was, that any observable attempt at delay, communication or suspicious activity would warrant the immediate ‘dismissal’ of that cell member.  The whole was too important to observe any rules of etiquette or justice in assuring that all laws done to best provide for the protection of the whole.

George and Lynda began publishing a magazine called “Liberatus” (http://www.outpost-of-freedom.com/liberatus.htm ) and I was setting up to begin a newspaper, “Outpost of Freedom” (http://www.outpost-of-freedom.com ).  The others, their names, functions, etc., are not relevant to the remainder of this story.  But, as a concern over whether there would be any attempt to ‘cause trouble’ for any of us, we set up a “dead man switch” phone system, so that if it was suspected that anyone was doing anything risky, or had reason to be concerned, the dead man system was activated.  The persons that we were concerned about would have to contact a designated member, at regular intervals.  That interval would be set, as was deemed best serve the situation.  Provision was made for night time, and sleep.  If the member did not make the call by the required time, the designated contact person would contact the others and efforts would commence to find, or find what happened to the concerned about member.

As it was, I went to Waco on March 5, 1993.  My writings (fax network) were going out to, perhaps, ten thousand people, every night.  We know that we riled the FBI, because they excluded me from Press Conferences after March 21.  Unlike the regular networks, we were contacting Davidians who were no in jail or Mt. Carmel, and digging in to the actions of the FBI.

On April 21, I returned to Florida.  The Security Team had my schedule, and arranged for three members, armed, to be in the airport, outside of the security area, to provide for my protection on returning from Waco.  Though, as it turned out, the Team wasn’t necessary, the exercise was a good one in that it showed that we could and would respond, should the need arise.

My first night back, George and Lynda spent the night with me in a motel, as an additional precaution.

The next day, the dead man calling system was implemented.  I was required to call the designated person every half hour, for the first two days back.  Then we shifted to 1 hour intervals for two days.  Finally, we determined that the need for the calling system no longer existed.

We never did have to call an alert, to gather in the woods with our respective cells.  But, we were able to develop, and test a system to see how it worked.  We found deficiencies, and corrected them.

Though I have only touched on some aspects of the Team, our development was much broader than it appears.  The whole exercise was an invaluable lesson, and one that might provide some ideas to those of you who wish to pursue some sort of organization for your own protection.

About Ashwander v. TVA

About Ashwander v. TVA

 

Gary Hunt

Outpost of Freedom

January 9, 2006

 

There has been s lot of discussion about Agencies, immunity, privilege, etc., and much of each argument has merit. So far, however, I haven’t seen any discussion on how the nature of the person and the court is established, and then, by what rules that relationship proceeds.

 

Many years ago, I became aware of what I believe to be the most damning of the Supreme Court decisions – at least, with regard to our liberties (rights, too!). In fact, a few of us coined a term to reflect what had happened when you found yourself without recourse. “Ashwanderized” was the term, and how we got to be Ashwanderized became the subject of study.

 

Before I continue, I will mention an instance where I had forgotten all about this aspect (due to the urgency of the situation, I think) and found myself, and others, beaten by this omission. The Court (Judge Walter Smith) ruled that we “had not exhausted all administrative remedies”, therefore he was denying our Emergency Petition for Writ of Mandamus. Unfortunately, the Bar attorney, acting in a non-bar capacity, was not versed on this matter and it did not occur to me. We pondered what remedies we had failed to pursue, and it wasn’t until it was too late that it occurred to me that we had not taken precautions against this eventuality.

 

I have, however, understanding Ashwander, managed to use Habeas Corpus to remove myself from jurisdiction. This came to me one evening, facing court the next morning, while pondering the question, “How do I get myself into Common Law jurisdiction? I realized that it was not Common Law that I wanted to get into, rather it was Common Law that I wanted to get out of.

 

That aside, for now, below are the seven (7) rules developed by the Supreme Court in dealing with Ashwander v. T.V.A. [297 U.S. 288 (1936)]. Though all are damning, to a degree, with regard to the current subject, pay particular attention to #4 and #6.

 * * *

MR. JUSTICE BRANDEIS, concurring.

“The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision.

 

They are:

 

“1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals…

 

“2. The Court will not ‘anticipate a question of constitutional law in advance of the necessity of deciding it… ‘It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case…

 

“3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied….

 

“4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter… Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground…

 

“5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation… Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right…

 

“6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits…

 

“7. ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided…

* * *

 

It would appear that a public servant, who felt that his duties violated the Constitution, could not get the Court to make a determination as to the Constitutionality of that duty. For example, if one of Hitler’s SS troops felt that he was being told to do something that he perceived as a violation of the Constitution, he would have no standing to ask the Court for a determination. He would be compelled, by law, to “just do his job”. (Number 5)

 

Once a person seeks a benefit from an agency (Social Security, Internal Revenue Service, Department of Motor Vehicles, Welfare, Child Protective Services, etc.), he is no longer protected by the Constitution, for the supreme Court will rule that, since he has availed himself of its benefits, he is bound by that agency’s rules (number 6)

 

The First Amendment, Bill of Rights: “Congress shall make no law respecting … the right of the people peaceably … to petition the Government for a redress of grievances.

In effect, the Court has removed itself as a means of ‘redress of grievances, by allowing itself to ‘rule’ that they will not answer questions regarding the Constitutionality of laws, enactments, or rules promulgated by agencies (whether in violation of the Constitution, or not).

 

 

If you read the entire case, you will see that it hinges on Administrative Agencies. Basically, if anybody has sought a benefit from an Administrative Agency, they have developed a relationship with the agency. In so doing, it has accepted the rules (statutory construction or general law, see #4) that the agency has adopted. This allows the court to sidestep reviewing the Constitutionality of the matter (see #6).

It should be easy, after reading the above, to begin to understand what has happened to “privileges and immunities.” They are still there, though they are difficult to find.

 

Gary Hunt,

Outpost of Freedom

http://www.outpost-of-freedom.com

 

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

post referred to at:

 

http://www.Thedailybell.com/1234/Ron-Holland-Back-To-the-Articles.html

 * * * * * * * * * * * * *

Divide and Conquer

Divide and Conquer

Gary Hunt
August 16, 2009

In War — in battlefield combat, one of the most important strategies, especially if the enemy has superior numbers, is ‘divide and conquer’. Very briefly, it can be explained that if you have a force of 3,000 and the enemy has a force of 4,000, you will probably be defeated in combat. However, if you can cause him to divide his forces into 2 groups, each having about 2,000 men, is beneficial. You have gone from 25% less men, against his entire force, to a 50% advantage over one of the split units. Once the first unit is defeated, the second unit can be attacked, with much better odds than if an attack was made on the entire force, at the onset.

The same is true of the psychological warfare America is embroiled in, today, and the political warfare that has begun to divide the country.

Each unit that advocates an idea, solution, or objective is limited to the number of people in that unit against the joined forces of the Congress; the Executive administration; and, the multitude of Administrative Agencies. The effectiveness of our side is usually diminished further by forces in different states not coordinating their effort; units with the same objective or goal, not working in unison; and, variations of methods of achieving the objective sought.

I have compiled a list of singular objectives that are commonly pursued, today. Bear with me as we look at these issues, and discuss what they will achieve, in the end, if the groups are successful in their pursuit. The items presented are in no logical order, but the primary issues, I hope, are all included.

911 Truth Seekers – the truth seekers – The goal here is to prove that the government was involved in the planning and execution of the events, which destroyed the World Trade Center, and resulted in our involvement in war in Afghanistan and Iraq. Though the issues brought up by the group are ambiguous rather than tangible, let us suppose that they convince the majority of the people in this country that the government was involved. What happens then? Will it end the wars in Iraq and Afghanistan? Or, have they established a totally separate identity from the World Trade Center? If the government does acknowledge culpability, they will throw out a few dogs to be devoured by the press and public, and go on with their evil ways — planning better, in the future.

Problem: Administrative Agencies have too much authority, often independent of the legislative and executive branches of government.

Birth Certificate pursuers – Suppose irrefutable proof of the bastard president’s birth elsewhere (disqualifying him from office) is brought forward. What will Congress and the Courts do? They have a dilemma. Every enactment or document signed by the President becomes void, nunc pro tunc (from the beginning), or, since the task of, say, recovery of the stimulus money approaches impossible, and the undoing of the troop allocations to Afghanistan cannot be undone, what is Congress to do. Nothing –is what they can do. It may cost the President his job. He may be charged with high crimes, and convicted and imprisoned. Who will take his place? The successor would be Joe Biden, as Vice-President, or, John McCain, as runner up in the election. So, you, at best, get a Republican President. Was Bush that much better than the bastard president? Or, are both parties in bed to bring this country to its knees. Remember, the first stimulus package was under Bush

Problem: The Congress has not ventured into qualifying Presidential aspirants, and the Court refuses to look at the matter. There is a qualification in the Constitution, but no direction as to who is to act as the qualifier. Congress has not, as was intended by the Founding Fathers, sought to fill the gap of omission in the Constitution. Congress has let us down.

Audit the Federal Reserve – Suppose there is an audit of the Federal Reserve. What audit standard would apply to an entity as unique as the Federal Reserve? So, first, a standard would have to be developed to assure that the audit provided the desired results. I would suggest that this would first be given to the Treasury Department to propose the standard. I can see Treasury taking a year or two to develop their proposal for a standard. Then, it would go to the Congress who would assign it to committee, and it would be in Congressional committees for at least two years. Once the standard was determined, the audit would be conducted. Most assuredly, at least some of the auditors would be people well versed in the practices and procedures of the Federal Reserve (inside men). Even if the audit, when (if ever) completed showed massive fraud, the result would be to enact laws to prohibit that sort of fraud in the future, and, at best, begin the process of looking for an alternative to the Federal Reserve Act.

Problem:  Congress was outside of its authority when it enacted the Federal Reserve Act in 1913. The effect of the subsequent years of entrenchment; loss of GOLD and silver as a means of paying debt; and, the enormous debt that has been created and mostly owed to the Federal Reserve makes a solution under the present system almost impossible. The Congress failed to adhere to the Constitution.

End the Federal Reserve – Even if ended abruptly, the effect on the economy, especially with regard to the National debt, would be devastating. What alternative to both dealing with circulating currency and payment of debt would be implemented to avoid such disaster?

Problem: The Congress abrogated their responsibility under the Constitution and allowed an Administrative Agency (Treasury Department) and a private (foreign) group of investors to control our economy.

Healthcare – Objections to national health care are late, and will do nothing to reduce costs. As has resulted from mandatory (in some cases) healthcare insurance, the costs have escalated because the marketplace was undermined. Once the captive audience (mandatory insurance) was implemented, costs could only go up. If healthcare were left in the free market, there would still be hospitals, doctors, and producers of prescription drugs. They would, however, have to provide their services at prices that were reasonable and manageable. Otherwise, they would have no customers. Absent customers, they would lower their prices, or look for new work. Supply and Demand is the best manager of costs. Supply and Demand allows us, the ”consumers”, to determine what appropriate and acceptable costs are. Once removed from our hands, the value of the service was also removed.

Problem: Congress usurped authority that was not granted by the Constitution, by adopting socialism as a means of buying votes. There is no Constitutional authority to require businesses to provide mandatory health insurance, not is there authority, now, to implement national healthcare.

Continental Congress – The First Continental Congress was called for by the New York Committees of Safety. The other colonies responded, in kind, by agreeing to the Congress. The primary result was the “Non-importation Agreement”, as well as some petitions, and, most importantly, they understanding that the colonies could work together for a common goal. The delegates were either existing members of the respective legislatures who were NOT on the side of the Royal Government, or delegates selected by the various Committees. This was true of the subsequent Continental Congresses. The Congresses were called for by the delegates, not the delegates being called for by the Congress. The current call for a Continental Congress is a small group (though, admittedly, growing) of people who have called for delegates to their Congress. This could never be construed to be an emulation of those first Congresses. Since their line of representation is downward and selective, anything that they do or ask for is nothing more than any other group could do or ask for. It bears no weight, and is not representative of the people or a constituency.

Problem: We have been denied Redress of Grievances, as guaranteed by the Constitution. In desperation, we are seeking ways to regain that right, but it will only come when the Rebel US government returns to its willingness to heed the will of the people.

Ron Paul – Ron Paul has come along and captured the hearts of many of those who believe that the Rebel US government has gone astray. He is right in much of what he says, and those who have adhered themselves to him, are also right in doing so. However, we must think, also, of what effect it would have if Ron Paul were elected President. What would change? The President cannot act without the consent of the Congress. If he does, he places himself in a position to be censured or overruled by the Congress. He has a multitude of administrative agencies to deal with (Over 1000), and most of them have already developed a mind of their own. Alone, or even with as many as one hundred members of Congress on his side, the changes on the nature of government, and the power of the political elite is such that there would be no substantial change in the operation of the government.

Problem: The nature of government has changed to the point that return to the confines of the limitations imposed by the Constitution is nearly impossible. Separation of powers has become ineffective because of the power of the political parties and the political elite.

FEMA Camps – Back in the nineties, a list of alleged FEMA prison camps surfaced and circulated via fax network and other methods that were common. That same list has resurfaced and circulated on the Internet. The list, at least part of it, was bogus. I personally investigated four of the sites and they were not what they were alleged to be. More recently, another list has begun to circulate. It is completely different, though it does mention locations near some of the older lists’ locations. This list may have more truth to it than the previous list. It appears that either bids have been taken, or even contracts let for restoration and/or construction on a number of World War II camps or internment centers. So, what if they are building these camps? What will we do about it? Can they be stopped? Yes, if the new construction is destroyed, but that will simply delay things. Will exposure to the public of the camps service any purpose? Yes, and NO People will be aware of them and maybe resentful that they are being built, but the government will, most assuredly, come up with a plausible explanation that will satisfy at least some, and nothing will be done to change the continuation of what they have already begun.

Problem: An Administrative Agency (FEMA) has been granted extraordinary power, authority and budget funds to ‘prepare for an emergency, whether man-made or natural’.

Codex Alimentarius & Genetically Modified Products (GMP) – The Food and Drug Administration has determined, without anymore than administrative consent from Congress, what is good, and what is bad in our food supply. Once those few people make the decision, regardless of the source or influence behind the idea, it becomes law — and, we have to eat it — unless we grow our own food. Some suggest that we will not be allowed to grow our own food, but that aside, we have lost quality food from retail sources (unless small and local) and, in most cases, cannot even find out, without extensive research, what they have been doing to that food supply. If we get rid of the agency, we still have thousands of food production companies that have implemented the programs, and will be reluctant to withdraw from what they have gotten used to.

Problem: An Administrative Agency (FDA) has been granted extraordinary power, authority and budget funds to decide what we eat, regardless of who benefits and who suffers because of their decisions.

Child Protective (sic) Services – Every state has, under suggestion or pressure from the Rebel US government, established a Child Protective Service, or equivalent. Though the name sounds good, in fact, the agency (with federal funding) has the right to determine whether you are a fit parent, or not. “Spare the Rod and Spoil the Child” has become criminal, when applied to disciplining your child. CPS can seize your children without due process of law, and then place them where they see fit. It is likely that some of these agencies have even found that putting children out for adoption can be profitable – beyond the already lucrative government funding. Were we to simply get rid of the agencies (an awesome task, in itself), that will not undo the damage, not the condition, of decades of these agencies affect.

Problem: The government, Congress and administrative agencies in Washington, D.C., have funded and encouraged the establishment of agencies within the states who are ‘legally’ qualified to determine if you are fit parent, or not. This has been destructive of traditional family values upheld in this country for centuries, and has put the state as parent, under color of law, of all children.

Uniform Commercial Code (U.C.C.) – The Uniform Commercial Code was adopted by nearly every state, back in the fifties or sixties. Its purpose who to have a set of rules, easily understood and established, with the purpose that consumers would be able to understand their relationship to merchants, lenders, etc., and know where they stood and what their rights were in transactions. It was implemented by being enacted, in near pure form into the statutes of the respective states. There were a number of provisions that, definitely, benefitted the consumer. One was that when you made a payment, the postmark date of that payment had to be accepted as the date of payment by the lender. This has been overridden by the legislatures and now the lender can even hold your payment for a few days before recording it, which often throws the borrower into an overdue status and attaches the penalties that apply to overdue payments. Though beneficial, when implemented, it has become more of a tool for the commercial interests and means by which they can screw us out of penalties, add charges on top of charges, and, generally run the show. This, like CPS, is administered by the states. Congress tends to support the changes to credit cards, with a total disregard for the consumer.

Problem: The Congress had, at first, encouraged enactment and acceptance of the UCC. Then, they turned their backs on the intended purpose and allowed lobbyists to encourage changes that took away the protections and passed laws contrary to the UCC.

Stop the New World Order – This is an admirable goal. However, the question is whether it is achievable? And, if it were achievable, how would we achieve it? There is no doubt that certain identifiable organizations are major players in the effort to create a New World Order. I believe that some organizations, though often included, are not, at least in rank and file memberships, supporters of the effort. Once identified and exposed, do you think anything will change? They sit in their positions of power and influence (backed by their wealth) and dictate what they perceive as the solution to all of man’s problems on earth. We can touch, feel, taste and see the accomplishments that they are making, every day of our lives. The only conceivable way of stopping this effort is to dispose of those who are participants. Let them know that their lives have as little value, or less, than the lives that are lost, every day, because of their programs

Problem: Congress, the Executive, the Courts and all of the principle Ministers of administrative agencies are pawns in the game of world domination. This extends, largely, into the state and local governments. Where that influence is not direct, it is, at least, indirect. So long as there is no accountability for public officials, officers and agents, there is no solution.

Kick Them All Out – So, who will fill their vacancy? Another programmed member of their political party, or the programmed member of the other political party. In the event that you do manage to get a third party candidate in office, it will, more likely, be a lowly office that offers no threat to the establishment power scheme. Further, if against all odds, your third party candidate ascends to a higher and more influential position, you can rest assured that he will either succumb to “the way that it’s done” by trading votes to get some of his items passed, or, being but one or two who vote against bad legislation because they believe it to be bad (Note: many votes are cast against certain programs which already have assured votes for passage, for the sake of impressing their constitutions that they are “not party men”).

Problem: The legislative system in this country, at federal, state, county, and city levels has, with few exceptions, become corrupted and the office is sought for personal gain and influence.

Drug Wars; Medical Marijuana – Drug wars are nothing more than an attention getter and a tool used to demonstrate to the naive portions of the public that government is doing all that it can to get rid of ‘crime’. Of course, there is no victim to the crime, except the person who spends thousands for their lawyers, thousand more in fines, and, perhaps a few years of his life in prison.

Problem: Administrative Agencies have been granted, by the Congress, the authority to enact policies that, a Constitutional Amendment could, only impose less than a century ago. They have also ignored the guarantee of Republican Form of Government [Art IV, Sec 4, Constitution] in the states by allowing their policy to override state enactments and initiatives that have removed penalties for certain drugs and persecuting those who they have managed to license, by removing licenses of those who violate their administrative policies.

Confederate States of America – This group of sincere patriots have endeavored to arise from the past. They have taken the mantle of those who, many years ago, tried to stop them, then beginning to grow, element of Congressional and Presidential tyranny. Though secession was not considered unconstitutional when the New England States met in Hartford, Connecticut, in 1814-1815, to, among other things, discuss secession, it was those same states that supported Lincoln in his claim that secession was unconstitutional. Therefore, the most damaging war in our history was conducted to ‘prove’ that secession was unconstitutional. The precedence having been established, just how far do you think that you will get with the current effort?

Problem: Congress and the Executive have, in effect, revised the Constitution effectively outlawing any attempt to remove oneself from the compact. Once in, you are stuck. There is no way out of the corrupted influence of government by secession.

American Party; Constitutional Party; Libertarian Party; Christian Conservatives – In terms of any of these entities achieving any successful political advancement, they are little more than any social organization. Though it may feel good to be among people who think like you, the ability to effect any change within the current political structure with a new party is non-existent.

Problem: The Congress has managed to manipulate the electoral and election processes to remove, or reduce to insignificant, the possibility of a challenging third party to achieve even a modicum of success.

Show me the Law (IRS – income tax) – Though there are a number of reasons why the Income Tax, as applied, is illegal or unconstitutional, there are many who have ended up in prison, or dead, in their efforts to avoid this unlawful imposition on our lives. To their credit, probably millions do not pay Income Taxes. Will this change anything other than how much of what one earns they are allowed to retain? It absolutely will not. With all of those who have moved out of the system, there has still been no substantial change to the nature of imposition and collection of this tax. The government needs the tax, the benefits, and deductions so that they can ‘social engineer’ the society. It has nothing to do with the government’s need for the money, and everything to do with ‘teaching us that they control our very lives’.

Problem: Congress has given an Administrative Agency (IRS) power over our lives, without regard to the Constitutional restrictions on taxation.

Freedom Communities – Wonderful ideas, in concept. Live amongst those with like minds. They will only serve as indefensible enclaves, if the government ever chooses to crack down and arrest resistors. They are quite capable of becoming their own prisons.

Problem: Congress has extended its authority beyond the scope allowed by the Constitution, and encroached upon the domains that were preserved to the States.

State Sovereignty – In the nineties, 17 states adopted sovereignty resolutions. To my knowledge, they were never rescinded. Today, states, once again, are adopting sovereignty resolutions. Most of them were the same states that did so, back in the nineties. Though nice proclamations, they end up having no merit. Whether they were passed out of sincerity, or to ‘convince’ the citizens of the respective states that they would not succumb to federal pressure, they failed then, and they will, most likely, fail now. States have relinquished their authority, under the Constitution, for contributions of money from the federal agencies. They have sold us down the drain. When we object, they pass resolutions as pacification, but will still continue to take the greenmail that is offered by the Rebel US government. If these resolutions passed, and then are forgotten we cannot expect the states to be a viable part of our efforts to restore the government to its proper role.

Problem: The federal government usurped constitution powers to control the states, and then bought the states into submission.

State Citizen (National) – A valid exercise that, when completed, frees you from US citizenship. Once freed, however, you have to be vigilant and careful. A misstep may land you in jail, or worse. If you manage to establish your credential in your home community, you will have to repeat the education of law enforcement and judicial officers, when you leave you local area. This will be a perpetual battle for Rights retained by the Ninth and Tenth Amendments. If millions were to adopt this status, what would change regarding the other evils of government?

Problem: The unconstitutional Fourteenth Amendment to the Constitution, allowed by the Congress, the Executive, and the Courts, created a fictional relationship between our public servants and ourselves. The effect was to make them master and us the servant.

North American Union – If we do not stop the North American Union, we will be like the European Union and we will have foreign trucks and drivers driving through our country. Yep! Even if you do manage to stop it, how long do you think it will be until the steam goes out and it gets started, again?

Problem: Congress has, many times before, relinquished or sovereignty in favor of foreign alliances that do not come under the heading of “Treaty’, as the Founding Fathers perceived it. NATO, SEATO, United National, NAU, all of them are just car on a train toward one world government.

H1N1 vaccine – This subject has generated a disproportionate amount of debate. The facts appear to suggest that the ‘outbreak’ and the ‘death rate’ are substantially lower than many other sources of disease/death. This brings in to question (suspicion) the insistence of a vaccine. Quite simply, take the vaccine, or don’t take the vaccine.

Problem: The Administrative Agencies, in conjunction with United Nations agencies have determined a course of action to be implemented (forced) upon the American people. This application seems to be inconsistent with the facts, but there is no recourse (Redress of Grievances), as provided for by the Constitution).

Illegal immigration/aliens; Border protection – Our borders, especially the southern border, have become sieves which allow illegal entry (invasion) into the United States sovereign lands. This breech of responsibility by the federal Administrative Agencies required by law to enforce immigration laws has allowed access, without the security that is required even for legal entry, to our country by workers, drug dealers, criminal elements, and very probably terrorists. In the meantime, for the first time in our history, American citizens are required to have a passport and go through extensive security to return to their own country, from visits to Mexico and Canada.

Problem: Administrative Agencies, by the policy and failure to enforce existing law, provide a fertile ground of activity that is in conflict with our professed Foreign Policy. Since both foreign policy and execution of the laws of the land fall in the Executive Branch of government, there is an apparent conflict within that branch which can be demonstrative of nothing less than contempt for the laws of the land.

Education – Public Education has its foundation in this country prior to the Revolution. It has been held that an educated citizenry would be watchful of abuses by government. The concept, as implemented and conducted for over a century was that local school boards: raised revenue through ad valorem taxes; determined curriculum based upon the needs of the community; provided facilities for the purpose of education; received all of Section 16 in the Western lands (the only participation by the federal government); and, hired instructors to provide the education to the students. As time went on, the federal government created a new cabinet position (Administrative Agency) for Health Education and Welfare. Over e few decades, nearly all of the authority for the above listed responsibilities evolved to absolute control by the federal government.

Problem: An Administrative Agency has displaced community, county, state, and family from the determination of what their children will be taught. They have controlled who may teach; what material can be used to teach; and extended their control to matters outside of the realm of education.

Homeschooling – Public education was, historically, ‘”made available”. This left the parents of children to decide whether they want to allow their children to attend public school,; be taught at home (homeschooling); or, receive no formal education, at all. The state stepped in, first, to make education mandatory (truant officers). Now, many states have imposed their guidelines on what qualifications, what material and what guidelines parents must adhere to, if they choose to educate their own children.

Problem: State and federal Administrative Agencies have remove much of the responsibility that God gave to the parents, with regard to the rearing of their children, so that they can be indoctrinated in the ways of the government’s choosing.

Abortion – Abortion is a moral issue. It is not a federal matter, but is, or was, in the purview of state and/or local government. That is the nature of the Constitution, as understood by the Founding Fathers. Federal crimes were limited to those enumerated in the Constitution, and, those that were passed in accordance with Article I, Section 8, clause 17, of the Constitution. In Roe v. Wade [410 U.S. 113]. Justice Rehnquist, dissenting, said, ” the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment… in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion… The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.”

Problem: The Supreme Court has become a legislative authority in their country. It has used its position of power to aid in the usurpation of both state and individual rights, reverting the people to the roll of subjects, as they were under British rule.

Eminent Domain – Eminent Domain has a long history in our English heritage. Eminent Domain was the means by which the entire community could be served with roads, canals, and other necessities for common use. It has been used for private gain, aided and abetted by city and county governments, since at least the 1960s. Its original intent is a benefit to the community, though the many of current applications are motivated by greed.

Problem: The courts, from local to supreme, have ignored the history and intent of the law by allowing ‘reinterpretations’ of previous cases (stare decisis). If the courts are allowed to change the meaning of a word or phrase top obtain their desired conclusion in a case, the will, by such action, remove Justice entirely from the courtroom.

Congress not reading the bills that the vote for – It has always astounded me the Congress seems to find more new need for legislation, every year. Over 3,000 pieces of legislation are enacted, every year. One would think that, if what Congress did to solve problems worked, there would be less need for new laws rather than more. Perhaps understanding, as they have recently admitted, that they do not read the laws that the pass, we can understand why things are getting worse rather than better.

Problem: Congress, whether a Senator or a Representative, is elected and paid to do a job for his constituency. That job is to represent our interests. Regardless of recent flagrant disregard with respect to spending, answering questions about why they support something, and, there general unwillingness to accept any responsibility for their action, it would seem that enacting laws because someone told them that they were good law (and, we don’t have any idea who told them), is as far away from “representation” as one could possibly imagine.

Balance the Budget – There has been for years an effort to force the federal government to ‘balance the budget’. Let’s just suppose that they did. The budget would of necessity, include debt service (payments on interest, and, hopefully, substantial amounts to reduce principal), along with the necessary expenses to conduct the business of government. Even if the operating expenses of the government were reduced to minimal, when added to the debt service, the amount required to continue the conducting of government would be well beyond the means of the current sources of revenue. This would require imposing a tax that would be unbelievable, and totally unacceptable to most Americans.

Problem: The debt is increasing at an alarming rate because Congress and the Executive have determined that if they want it, they will buy it. Consider that the debt, right now, is in excess of $38,000 for every man, woman and child in this country. Congress and the Executive have dug a hole so immense that it is nearly impossible to get out of it.

Militia (Civilian Defense) – Militia have been actively forming and then disbanding for the past 15 years. They generally participate in some combat training, establish a chain of command, and then get bored with their actions. There are some, however, who have retained their character. They, the ones that have stood the test of time, have also acknowledged that the Militia is subordinate to the civil authority. At this point in our history, that civil authority is the governor of the state in which the militia is formed. Similarly, the colonial militia were subordinate to the Royal Governor and to their local Committee of Safety, if they had one. The necessity was different, then. Indians were a major concern. The Committees would also establish night watchmen if the community might be subject to Indian attacks. Much of the activity of the militia was totally without knowledge of the Governor, and the right to bear arms, though unwritten, was without question.

Problem: The Rebel US government has done everything that they could to delegitimize the militia. Most states have followed suit, even to the point of trying to redefine militia as the National Guard. Most states, however, retain laws which make all able-bodied males between the ages of 15 and 45 (may vary from state to state) members of the militia, and require no registration.

Committee of Safety – There is an effort afoot that is attempting to build Committees of Safety from the top down, much like the Continental Congress (above). They claim that all of the Committees were composed of existing legislators. They have, however, put the cart before the horse. Their page refers to a book by Agnes Hunt about the Provincial Committees of Safety. These colony level Committees came long after the original Committees had called for and conducted the Continental Congresses. The Provincial Committees of Safety, for the most part, came after the Declaration of Independence. The foundation for organization, leadership, and, equipping of the militia came first from the local Committees of Safety. Relief for the people in Boston, during the embargo, was provided by the local Committees of Safety. They were, without a doubt, the foundation of the American Revolution. They were not supporters of candidates, nor did they support issues. They were a single focus group that was intent on providing guidance to the community for its own defense and well-being.

Problem: Through the educational process and the qualifying of text books, the Department of Health, Education and Welfare has managed to relegate, nearly to oblivion, the role played by the Committees of Safety. They have attempted to destroy any understand of true Grass Roots Activism, by so doing. The problem is — we do not have any Committees of Safety upon which we can depend for lawful guidance of our activities, should the need arise.

In reviewing the above issues, and realizing what the outcome of each will provide as a result, we can see that we are facing myriad task, none, or few of which will result in more than a very singular accomplishment — which might easily lead us down another path to pursue.

If the particular objective is reached and the results are adequate, this leaves us only to join another battle.

If, after years of effort, a battle, which has been waged, is won, leaving no residual to encumber us into a continuation of that battle, we can choose another battle to pursue.

However, who is to believe that if a battle is won, finally and decidedly, that another objective will not appear to take its place.

If a New World Order, dominated by a few, against the many, is truly being waged, the tactic of ‘divide and conquer’ will surely be continued. It will drain our resources from now to eternity, if we choose to pursue our goal, one issue at a time.

The division of our forces is inherent in the struggle that we are pursuing. Each, due to his personal ideology, has chosen one, or another, of the objectives, and is willing to give 100%, not realizing the futility of success, once the battle is completed.

If our forces are so divided as to assure the success of the New World Order, we are only passing time until, battle completed, or not, we realize that failure is the only course that we have pursued.

Is there an alternative course that can achieve all of the objectives?

If we were in a battlefield where an effort was made to divide the forces, giving advantage to the enemy, we would, if our objective was to win and we had superior forces, refuse to divide our force. The enemy would have anticipated being successful in creating the division (as they most certainly believe to be the case), and would not anticipate an all out attack on their main base, leaving them divided simply by believing that we were divided.

In this psychological, or, political war that we are engaged in, what strategy would overcome the division that has given such an advantage to the enemy? Could it be to concentrate our forces in a single issue (of those above mentioned)? Most assuredly, it would be unsuccessful, since even though that battle may be won, it would only lead us to the next battle. Each battle fatiguing us even more, as we trudge through dozens of issues, and leaving the door open for the creation of even more issues to string along our forces until exhaustion and frustration finally lead us to accept defeat.

Where could we concentrate our efforts to expect that we could ‘attack their headquarters’ and achieve success on all fronts?

Unfortunately, in this world of rapid and advanced communication, their headquarters are spread all over the world. There are, however, many identifiable ‘sub-headquarters’ where their leaders work, meet, relax, or live.

If we were to begin an effort to attack them on terms that were advantageous to us, rather than them, we would begin by going to these locations and finding the culprits. We would tar and feather them, and we would destroy the buildings that they used to enjoy that which they have reaped from our toil.

Yes, they will arrest us for doing such things. They have established a support base (police, courts, etc.) to protect them, since they realize that the Founding Fathers did not face such protection for the taxmen and politicians of the day. However, arrest is a small price to pay for the goal that we seek. And, if the juries are fully informed, there will be no convictions.

Create such discomfort and generate fear in their hearts, and, perhaps, they will find another country to plunder. It is for us to take back our country, and, in so doing, all of the problems enumerated above, along with the dozens unmentioned, will be capable of solution by We the People.

If we take to heart the last two mentioned items (Committees of Safety and Militia), we can begin forming a substitute government (as did the Founding Fathers), which, once installed as the true Government of the United States, we can dispense with the problems, one after another.

Would we rather pay lip service to George Washington? Or, would we rather do that which is necessary to achieve the removal of a despotic government? He was willing to do what was necessary to expel those who resisted allowing freedom and liberty to prevail in the land. He supported those peaceful efforts, when there was hope for them to succeed. When peaceful methods had convinced the Founding Fathers that they would be of no avail, the efforts were stepped up, as necessary, to force the hand of the despotic government. Retreat was not in the dictionary. How extensive an effort would be required was unknown, and every effort was made to escalate only to the extent necessary. The desire of the despots to retain control was the force that was needed to compel the colonists to risk all, when all else had failed.

We have tried petitions. We have tried demonstration. We have been ignored by those in power for every effort we have exerted. Perhaps, now is the time to extend our efforts into a minimal physical effort. Create displeasure and discomfort of those in power, and those who support them. In addition, we must be sincere and thorough, for if we fail in this effort, there remain but two choices – Victory by force of arms, or, defeat by failure to be willing to commit to the cause.

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