Skip to comments.Patriots or Traitors - That is the Question
Posted on 12/27/2001 4:55:53 AM PST by serinde
Patriots or Traitors - That is the question
by Ed Lewis
December 26, 2001
During times of universal deceit, telling the truth becomes a revolutionary act. --George Orwell
KeepAndBearArms.com -- It is commonly thought that this union of states is one in which the truth is of utmost importance. Justice depends on truth, as does proper governing. Once lies are entered into the equation, though, the system breaks down into something other than the American way in which truth and justice prevail. We are now rapidly sinking into an abyss in which liberty will be forever lost that is, if we do not act immediately with extreme constitutional aggression against those who would subvert the American Way.
It was hoped that my return from a week long deer hunt would find increased numbers of American citizens extremely irate over the Bush Administrations raping of the US Constitution, that individuals and groups had united in wiping out actions being taken against the American people and freedom. It was even hoped that mainstream media would be presenting facts rather than the fictions perpetrated by the Bush Administration. After all, every action being taken by the current administration is unconstitutional, from the military actions in foreign lands to the Patriot Act. Americans cant remain forever dumbed-down to this fact, regardless of the efforts by the current administration and media lackeys of those who intend on destroying the sovereignty of this nation and of the people themselves through fear instilled by the government.
One posting has been found that boldly put forward in a manner befitting true patriotism and the power of the people over the federal government. It did so at great risk since the Patriot Act has nothing to do with patriotism but deals instead with the creation of tyrannical control by the government. The Tennessee League of the South has indirectly proclaimed itself a terrorist group as now defined by the despicable Act passed recently by Congress and I, for one, salute this organization.
First, in its 11/10/2001 message from its chairman, the Tennessee League of the South stated its position clearly with the following:
The Tennessee League of the South denounces the USA PATRIOT ACT of 2001 as the worst insult to the US Constitution since the Alien and Sedition Acts of 1798. The Tennessee League of the South also charges President George W. Bush with being a traitor worse than Benedict Arnold. Arnold attempted to turn a fort over to the British, President Bush has turned the US Constitution on its head by violating the 1st, 4th, 5th, and 6th Amendments. Congress has joined in the treason by voting to enact the USA PATRIOT ACT. Together they are attacking the 800 year-old heritage of American
liberty rooted in Magna Carta.
Second, it further called upon the Governor of Tennessee and the Tennessee legislature to denounce the Act and assert Tennessees constitutional responsibility to protect Tennesseans by expelling from the state any US official or agent who attempts to enforce any provision of the Act.
With these statements, the League is now classed as being engaged in domestic terrorism since the Act defines domestic terrorism as activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State or which appear to be intended to influence the policy of a government.
Please note that the Act says the criminal laws of the United States or of any State as this is important in understanding the basis for the states expelling any US official or agent who attempts to enforce any provision of the Act. This clearly shows that the United States is separate from the States, both geographically and in matters of jurisdiction. In other words, just as has been stated thousands of times by thousands of people well versed in the Constitution and law, there is federal jurisdiction, there is state jurisdiction, and never shall the two intertwine.
Also, without getting too complex, the term State when used by the government with the intent of misleading people refers to States of the United States, which are Guam, Puerto Rico, the Virgin Islands, American Samoa, and the Northern Mariana Islands or simply to the District of Columbia. Without the Act to refer to, and the proper definition for State being applied in this Act, misleading usage will prevail.
Federal jurisdiction is stated in Article I, Section 8, Clause 17. Since the many states are not listed, nor any clause indicating federal control over the states, the federal government hasnt any authority to make any law concerning the sovereign people. Thus, the responsibility of state legislatures and state law enforcement is to repel any invasive laws made by the federal government, including keeping any federal agents from enforcing unconstitutional laws, whether by the federal government or by any of the Republics (States of the united States of America).
Furthermore, the federal government is not given any policing powers under any conditions by the Constitution. It is not given any authority to form any agency or bureau with jurisdiction in the many states. Thus, any action doing so or attempting to do so is in violation of the Constitution and is, in reality, no different than any foreign power invading the many States.
Where is the proof of this? This will be shown below but for a moment, think rationally. If a president can issue orders that are laws, how is that any different than a monarch issuing orders or making laws? Where is the authority to do so and where are the checks and balances of the system? Where is the representation of the people, the only bona fide authority for law? Keep in mind the people do not elect the President.
Congress was given specific authority by the people. Its authority is to make laws concerning the carrying out of the responsibilities delineated by Article I, Section 8 and to meet the dictates of prohibited actions stated in Article I, Section 9 (for states prohibited actions are in Article I, Section 10). A thorough read of the Constitution (not the interpretation by those intent on subverting it) will show that no clause or section of any constitutional article gives the authority for the federal (or any state government) to suspend the Constitution, not even if Congress has properly declared war against an invading nation.
The president has very limited authority. Before a citizen enters on the Execution of this Office, he shall take the following Oath or Affirmation:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. (Article II, Clause 8, US Constitution)
His duties and authority are given in Article II, Sections 2 and 3. It is true that he is made Commander in Chief of the Army and Navy of the United States, and the Militia of the several States (if called into the actual direct service of the United States) but he is not given power to engage these forces in war since the declaring of war is reserved for Congress. Once war is declared, then he may direct the forces only with monitoring and approval by Congress.
He does have the power to make Treaties but only if two thirds of the Senators present concur. He may also appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, but Congress may by Law vest the Appointments of such inferior Officers, as they think proper, in the President alone, in the Courts of the Law, or in the Heads of Departments. This does not give him the power to CREATE departments, agencies, or bureaus.
He shall take Care that the Laws be faithfully executed. His oath demands that such laws are within the confines of the Constitution. He also shall Commission all the Officers of the United States and have the power to grant Reprieves and Pardons for Offences against the United States, except in cases of Impeachment (note that this does not includes pardon or offences made by one or more sovereigns against another citizen/s).
In other words, the President hardly has any power at all. The power he absolutely lacks is the authority to declare war and to circumvent the Constitution through Executive Orders (EO). In fact, at all times his duty is to uphold and defend the Constitution; thus, any act outside his powers as stated in the Constitution is an act of attempted treason or treason. Either is probable cause for impeachment.
Article VI, Clause 3 of the Constitution for the united States of America requires that every elected official, including state legislators, all executive and judicial officer both of the United States and of the several States (note once again the separation of the United States from the several States) shall be bound by oath or affirmation to support the Constitution. Then, Title 5, section 3331 states this:
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, [includes representatives and senators] shall take the following oath:
''I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.''
Thus, all officials or persons acting in an official government position whether in a civil office, military, judicial, or law enforcement are required to take an oath or affirmation to uphold and defend the Constitution for the United States against all enemies, whether foreign or domestic, and to faithfully discharge the duties of the office, so help them God. Failure to do so is treason.
It is important in putting together logical, irrefutable conclusions that one avoids any potential of being labeled a conspiracy theorist. This is the government catchall term for those attempting to tell the truth about government transgressions against the American people. Avoiding being labeled is particularly important in determining whether Congress, the President of the United States, the military, and a plethora of other executives and officers of various levels of government have committed treason. And, if so, what can be done?
The first question to deal with is whether war has been declared and, if it has, whether the rights of the American people can be circumvented?
Second, can Congress assume powers not given to it by the Constitution? In other words, does Congress have authority above and beyond the Constitution securing the rights of the citizens the sovereign of these united States and essentially doing away with the Constitution? This includes giving a president power beyond that given him in the constitution.
Third, what can be done if the government has far exceeded its authority? Is there any hope for Liberty in the union of States or must we supposedly free men succumb to dictates of a very small number of people?
The Influence of Education
The means by which the federal government has circumvented the Constitution in the past should have taught every American a lesson. But, as with most other people, I was unaware of the frauds due to my education. Actually, it was not due to my education but due to the fact that I believed what was written in textbooks and spouted by teachers of history was true. I actually had faith that my rights were observed and protected by the government. I was proud of this union of people and what I thought was the fact that we were the harbinger of Liberty. My heart swelled with pride when reciting the Allegiance to the Flag of the United States of America. I actually thought my stint in the military was to defend freedom. How naïve.
Please do not misunderstand. I still have faith that the people in this nation are the greatest people on Earth, that one day our ire will rise to the surface and squelch all those who would destroy our humanity. This is not to say we are superior but just that there are enough of us who understand true liberty and the premises this country was founded on to face one of the deadliest forces on Earth and willingly give our lives to take back what should always have been freedom of each and everyone of us. We will not behave as nearly two billion Chinese do by letting its tyrannical government control all human endeavors. We will not succumb as the German people did to Hitler and the forces behind him.
It is easy to understand in retrospect how little educators know about the Constitution, the Declaration of Independence, and the religious basis for the establishment of this union of independent states and the people living within them. It is also easy to understand how ignorant politicians are of the same. It is also easy to understand politicians being led astray power, money, and limitless immoral activities are great enticers even for those who do have a basic understanding but choose corruption over virtue.
However, when choices are made that are outside the limits of the Constitution by officials, then it is the duty of every American citizen to halt immediately the acts being done. It is the duty of every American citizen to force compliance with the Constitution, which is to say to defend the freedoms God, granted each of us. Every transgression, however seemingly insignificant, is an act of treason that history shows us has led to additional transgressions until the present state of monarch-like tyranny was created.
However, due to the concentrated effort by all levels of government spearheaded by the federal government public education has not given the people of this country the tools they needed to remain vigilant. It has instead gave misinformation leading to a false sense of security, that the government is benevolent and only interested in preserving the sanctions of the Constitution. Faith in a false government was the result. Faith in elected officials operating as servants of the people was erroneously preserved. And, why? Its for no more reason than ignorance of the facts left out by public education or unknown by educators.
Now, there is the monumental task of educating the people to the deceits of government and to the facts concerning their rights as human beings. It is a task that must be accomplished world wide just as government propagandas and tyrannical intents spread world wide propagandas used to create the false need for a one world government headed by less than 300 devils incarnate.
Our education and the current education of our youth should have taught us that each of us is endowed with rights by God, that government cannot circumvent those rights, that government may make no law concerning those rights, that the only crimes that can be committed by people must be an act which infringes upon the rights of another.
It should have taught us that each of us is sovereign to every level of government, that we and only we can actually interpret law; that the law of this land is the law of God as reflected in the Declaration of Independence and the Constitution for uniting us all in common effort. It is the law of common law established eons ago and not subject to human (government) intervention. It should have taught us it is our duty to rid ourselves of representatives in government meaning all elected/appointed officials of any nature who would deprive even one citizen of his rights.
It should have additionally taught us that no person has the authority to order us around, that we are free to make any decision we wish but that if a decision infringes upon the rights of another, then the person who was harmed has the right to redress. All laws must follow this. In other words no victim no crime.
Think for a moment. Where in the Constitution does it state any official, whether president or elected local official, has the authority to circumvent your rights by making a law infringing upon those rights?
Where in the Constitution is the authority given for government to determine what is a right or what is not to determine privileged acts of citizens of this country?
Come on get real, and try to understand. No elected official has any authority to tell you what you can do, nor to force any individual into behaviors not of the individuals desire. This includes such unconstitutional acts as making your travel a privilege, taxing your private property, controlling your religion, controlling what you say and write, getting together in groups (license to hold a rally), and forcing the theft of your property through unconstitutional seizures (such as through lack of payment of unconstitutional taxation), along with thousands of other unlawful laws removing freedom of choice.
Education has failed miserably except in the eyes of the government. It was governments intent to dummy down the American people, to create faith in a false government, and to train through propaganda the American people to the tyrannical state now nearly completed.
Remember this if nothing else: Not even the President of the United States has the authority to issue an order to any human being unless the human being is in the direct employ of the Executive Branch of the US Government as a civil or military servant to the people; and never does he have the authority to order to deprive citizens of their rights. The authority to order we sovereigns around is not in the Constitution. It makes no difference whether it is in a time of a declared war or any other emergency. If he did have the authority, the Constitution would state it. He is not a king he is merely an official who has the task of assuring that the rights of the individual are not infringed upon. He simply hasnt the authority to make a law, which is what an order to an individual would have to be based on.
Now, it is certain some person is going to bring up Article I, Section 9, Clause 2, that the privilege of the Writ of Habeas Corpus can be suspended in cases of rebellion or invasion if public safety requires it. This, however, does not mean that additional laws affecting the people can be made.
The Writ of Habeas Corpus is a common law measure, with the most frequently used writ being the Habeas Corpus ad sujiciendum. It is an independent civil action and a form of collateral attack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution. However, there is great danger with this - perhaps needless to state - a danger that will be discussed below.
Education, whether formal, through the media, peers, family, entertainment, by attorneys, and so on, has not taught the American people the most important ingredient to knowledge the willingness to question and to learn directly from the source, not what others say the source states. We are taught a type of faith that causes us to believe a politician simply because he is a politician or to believe an attorney simply because he has been trained as an attorney or to believe media personalities simply because they are media personalities.
In other words, we are taught to have blind faith that whatever a person in apparent authority (meaning knowledgeable) says is actually factual. We are taught to not investigate their statements but to merely accept them. An example is that we all are required to pay income tax. Totally false since the Constitution and the tax code both state otherwise.
We are also taught to respond to persons of authority (civil positions) as if they have the authority to order us around. They dont. They are nothing more than public servants with their primary responsibility being to help protect and preserve the rights of the individual sovereign. Instead, most actively pursue just the opposite to deny the individual sovereign his rights whether intentionally or because of ignorance. License bureaus and state/local treasuries are a great example of this, especially in regard to false requirements placed on automobiles and tying such things as fraudulent property taxes to the right to travel in any mode chosen by the sovereign.
It is this false faith and taught degree of authority that has led to the hundreds of thousands of acceptances of congressional measures and lesser governments - that are more properly classes as acts of treason. In the next section, one public law will be the focus in explaining the utter unconstitutionality of laws made by Congress and the misinterpretations or intentional wording which causes people to believe the bogus laws are valid and within the authority of Congress.
War Powers Act of 1973
Due to the circumstances the US Government has now placed us in, it is the duty of every American to find out the truth and base their actions on the truth, not on the fallacies Congress, the President, and the Supreme Court base decisions on. It is time to rid the American people of the ignorance permeating our society and rotting away the very core of Liberty.
We must first understand that Congress is prohibited from making any law concerning the sovereign. The people are the sovereign and, as the sovereign, are above the Congress. Congress may make any law it wishes concerning the jurisdictional areas of the US Government, areas that do NOT include the many States. I would say the 50 states but, at this point, it is quite probable that Hawaii was a military take-over, not the proper constitutional creation of the Kingdom of Hawaii as a state of the united States of America. According to at least one Hawaiian statehood expert, this is the case. Once again, remember federal jurisdiction versus state jurisdiction.
We are being subjected to the nearly free will of the current resident of the White House. We are also being subjected to the will of a Congress that does not have the internal fortitude to question what is going on, nor to question the constitutionality of the act known as the Patriot Act. In fact, the current Congress is so ignorant and treasonous that it passed a bill of this magnitude without even reading it. These people never even questioned who wrote the bill and its rapid preparation. Logically, it was already prepared because spokespersons of the federal government started immediately following the WTC crashes to speak out about Americans giving up their rights.
The actions that have been taken so far by the administration and Congress, including the bombing and invasion of Afghanistan, were done outside the authority of the President and of Congress. And, without any proper and effectual knowledge of the intent of such a measure, the American people have accepted the Patriot Act. This in spite of the fact that it is a direct attack against Liberty by the current administration and the Congress of the United States, organizations fast becoming the most treasonous and most terroristic entities the world has ever known.
Rather than fighting terrorism which was never the goal of the current or any other administration in the past 150 years Congress fights to install laws meant to remove all vestiges of the Constitution. And we take it. One public law, Number 93-148, by the 93rd Congress, the WAR POWERS ACT, epitomizes how it is done but not the why as to our allowance. Ignorance through dummying down (and fear) answers the why we accepted this and all other unconstitutional actions by the three branches of government.
We have been taught through government controlled schools, the courts, law enforcement, and politicians put in office time after time even though acting as felons and traitors that the Supreme Court, the Congress, and offices created through the two speak only what is factual. We currently believe that in times of emergencies, such as wars, the President has special powers that authorize invoking unconstitutional laws against the people of this country; that liberty must be surrendered in order to combat the evil attempting to invade and take over our country. Is this true?
One must remember or take it on faith that a law must state exactly what it is intended to mean. The analysis by the Supreme Court is that a law must say what it means and mean what it says. Furthermore, the meanings of words must be the everyday, common usage meaning. Additionally, no law may be expanded beyond the meaning of the words used. (See Gould v Gould, 245 US 151) Thus, the basic rules are that if two or more citizens read the law and derive different meanings, the law is void for vagueness.
Above all and never to be forgotten or ignored no law by any level of government may be made that is repugnant to the Constitution for the united States of America. In other words and to reiterate for those in government who apparently havent any command of the English language if a law infringes upon a right of any one sovereign, it is unconstitutional and no law at all according to American Jurisprudence.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it; No one is bound to obey an unconstitutional law and no courts are bound to enforce it. (16 Am Jur 2nd 177).
Therefore, a proposed law containing even one unconstitutional provision should never be considered by Congress or State legislators or the governing body of political subdivisions as a law but should have be trashed immediately for its unconstitutionality. No word games should be permitted which lend to its passage. Furthermore, word games should not be used by any court or other entity including the media in defense of any fraudulent law already passed that is more or less taken as public policy.
The Constitution being the supreme Law of the Land must also be taken exactly as to the meanings of the words used by our forefathers. The words are not open to interpretation by any persons in government, whether they are Supreme Court justices or some congressional lackey; whether it is a governor of a State or a peace officer; whether it is the mayor of a city or a city worker. Furthermore, if there is a question concerning meaning or applicability, the issue is to be resolved in favor of the citizen, not the government.
Since we have many actions going on because of the so-called war against terrorism, it is most appropriate that the alleged war powers be investigated through actual documents, including the Constitution (includes the amendments to it) and the basis for congressional and presidential which is to say federal government actions that have been and/or will be taken.
The author searched for war powers act to begin his investigation into this matter. What the search revealed was the War Powers Act of November 7, 1973, known also as Public Law 93-148, by the 93rd Congress, H.J.Res.542. If you care to read the act for yourself, here is a link for it: http://www.temple.edu/histdept/wpa.html.
The basis for the stated authority to issue such a law in found in Section 2(b) under Purpose and Policy, which states:
(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
Sounds valid, doesnt it? The Constitution in Article I, Section 8, Clause 18 does indeed state that Congress does have the authority to make all laws necessary for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
By foregoing, of course, is meant clauses 1 17 of Article I. The only other powers vested in the Government of the United States (departments and officers all fall within this category) not enumerated in Article I are concerned with proper procedures for controlling the President, election of the President in case of an electoral tie or lack of a majority for any one person, to propose amendments to the Constitution when the need arises, to make all rules to dispose of and make all needful rules and regulations respecting any territory or property belonging to the United States, and to declare the Punishment of Treason.
Additionally, the Senate is to try all cases of impeachment with the House of Representatives being responsible for all spending by the federal government.
The powers of the President are given above. If one cares to check, one will find out that the Constitution does not state that a President has the power of vetoing a law. If he doesnt sign, it makes little difference since the bill simply goes back through Congress and, if two-thirds of the Senate and House again approve the bill, it becomes law. Or, if the President does not return the bill to the originating House, then it again becomes law with two-thirds of the Senate and House once again approving it.
Simply put, the constitutional President has absolutely no authority to make, control, or modify any law deemed by Congress to be needed in meeting its constitutional obligations to the American people. It is beyond the Constitution for him to do so and beyond the Constitution for Congress to allow him to do so. He may not sign and may make recommendations but that is all. To do otherwise is to establish a president as a dictator.
In the matter of the alleged war powers, section 2(c) of the acts states this:
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
Now, we can get to the nitty-gritty. The powers of Congress that might allow a law such as the war powers acts must be stated in Article I, Section 8 since all other powers granted to government by the Constitution are concerned with other than hostilities. What exactly does the Constitution state concerning responses to hostilities?
We can discount Number (2) immediately. There is no statutory authorization other than the Constitution itself that may affect the sovereign. The jurisdiction of the federal government is only over the District of Columbia (the accepted seat of government), and all places purchased by the consent of the legislature of the state, specifically for the establishment and operation of forts, magazines, arsenals, dockyards, and other needful buildings.
In regards to (c-3), the United States referred to must be only the District of Columbia. The reason is that the US Governments jurisdiction applies only to the District of Columbia (Article I, Section 8, Clause 17).
[Note: Look up the definition of United States and States in the many Codes issued by the government. The normal definition for United States in the geographic sense is the States and District of Columbia. Then, one will find the definition of State to: includes the District of Columbia. Quit adding in what you think you know and expanding the definition the word includes in law is inclusive, not expansive. Thus, usually State is defined only as the District of Columbia. You see, Congress knows (at least it did when the fraudulent federal tax was imposed on citizens of the united States) it may make no law concerning the sovereign many States so federal codes are written with the intent to deceive citizens. Start with the fraudulent federal income tax scheme with the definition for United States in Section 7701(a)(9) and the definition for State in Section 7701(a)(10)]
Declaring an emergency within any sovereign State must be done only by the States, themselves. It is not within the authority of Congress to do so. If it were, it would be enumerated in the Constitution. Remember that we are talking about US military forces being used with the purpose of the military being to defend us (thats you and me) against enemies, both domestic and foreign.
Congress may not add to nor modify the Constitution without following proper procedures for doing so, which means it must follow the law for amending the Constitution as delineated in Article V of the Constitution. This has not been done in regards to the authority of Congress as stated in Section 8 of Article I. It, therefore, has no additional powers nor has the executive branch beyond those enumerated in the Constitution.
With the clauses standing as written, the only power Congress has in regard to the use of the US military is given in Clause 2 of Section 8 of Article I. Thus, the authority Congress has is to declare war, grant Letters of Marque and Reprisal, and to make rules concerning captures on land and water. The president has none of these powers, nor may Congress grant him any of these powers.
What this means is Congress may declare war against nations intent on invading the many States. Its only function in this case is to defend the many Republics making up this union against invaders. It may not do any less, such as declaring war against an individual(s). That is a matter that might fall under Letter of Marque and Reprisal.
A Letter of Marque is a document issued by Congress (the president has no authority to do so) allowing a private citizen to seize citizens or goods of another nation or a document issued by a nation allowing a private citizen to equip a ship with arms in order to attack enemy ships. In the case of current hostilities conducted by the US military, this does not apply.
A Letter of Reprisal is retaliation for an injury with the intent of inflicting at least as much injury in return, forcible seizure of an enemys goods or subjects in retaliation for injuries inflicted, and the practice of using political or military force without actually resorting to war. (Definitions are by the American Heritage Dictionary of the English Language, 4th Edition, 2000)
Thus, Congress may formally declare war, issue a Letter of Marque, or issue a Letter of Reprisal. Then, it may make rules for declaring war and for captures made upon land or sea. But, can it deploy US forces to foreign lands without any of these? Can it invade (or occupy) another land without a declaration of war? Can a president simply start using the US military to force another country to succumb to US Government wishes without a Letter of Reprisal against another country? The answer to all these questions is NO.
It is therefore clear that Public Law 93-148, the War Powers Act, is made null and void for its unconstitutionality as it is beyond the powers given to Congress. This also means that the actions that have been taken against Afghanistan are in violation of the supreme Law of the Land, the Constitution for the united States of America. War must have been declared or, at the very minimum, a Letter of Reprisal issued against the persons or nation responsible for the attack on the WTC.
Afghanistan was not accused of the acts against the people of this nation nor was war declared against it nor was a Letter of Reprisal issued against it. Afghanistan is also a sovereign nation, whether those in the US Government like its governing body or not. Therefore, the US Government is acting in violation of the Constitution, the very document and principles it is supposed to uphold and protect at all costs.
How does the unconstitutionality of the War Powers Act and the Constitution relate to the Gestapo government that has been created through the so-called Office of Homeland Security, the USA Patriot Act, and now the threat of the US military being used to patrol the several states? Are such creations and actions within the powers of Congress and the Executive Branch of government? This is the topic of the next section.
Homeland Security, USA Patriot Act, and impending use of the U.S. Military within the several states
The actual intent of the Constitution is often forgotten or never known. Most people assume their rights are constitutional rights. This is not true. The rights of Man are the rights of Man whether there is a written document to that effect or not. The rights of Man pre-exist the establishment of any government or any document written by Man. Put simply, the rights of Man are God-given from the first human-being created and will continue to exist regardless of any governments subversive attacks against them.
The Constitution was and is unique to the world in that it secures the rights of Man NOT by enumerating rights but by limiting the authority of government. It thusly provides safeguards against a government that would infringe upon unalienable rights. When one studies the document closely, one will find that it specifies exactly what government may or may not do and, in this manner, establishes control by the people over the government.
It, or any of its amendments, never states this is a right of Man. It instead is worded that self-evident rights will not be infringed upon, not by any individual or by any government. For example, the 1st Amendment states: Congress shall make no law The 2nd Amendment states: shall not be infringed; and the 3rd states that No soldier shall In fact, the 9th Amendment to the Constitution assures that rights need not be listed
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In regard to the Office of Homeland Security, it must first be noted that Congress hasnt any jurisdiction over the many States. It may create such an office to protect the District of Columbia since it does have jurisdiction over the District. But applying its functions to the many states is prohibited by the Constitution. States retain their Republic form of government and sovereignty, as do the people who are citizens of the many States.
The USA Patriot Act is in no way related to patriotism. In fact, it is quite the contrary. First, the Constitution does not allow for such measures whether war has been declared or not. One cannot fight to preserve freedom while removing freedoms since the two are mutually exclusive. The most the federal government can constitutionally do is establish such measures only in the areas within its jurisdiction.
Second, in regard to emergency measures, all acts and amendments to the acts passed by Congress that do not comply 100% with the Constitution cannot be arbitrarily applied to the several states and should be ignored by the many States. Within the many States, the Militia which is the whole of the people may be called forth (Article I, Section 8, Clause 15). The purposes are to execute the laws of the union (meaning to uphold the Constitution) and suppress insurrections (local matter for the militia, not federal) and repel invasions, whether domestic or foreign.
Then, Clause 16 states that the Congress may provide for organizing, arming, and disciplining, the Militia, and for governing only such part of them as may be employed in the service of the United States. It further reserves to the States respectively, the Appointment of Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
Thus, the federal government has no power to use the US Military as a means of policing the states and forcing American-by-birthright citizens to comply with unconstitutional acts. If it does so it is akin to an act of war or at the minimum an act of terrorism within the many States by the federal government. Waco is an example. Neither the military nor the FBI should have been pursuing the Davidians. The FBI, DEA, or Customs could have been involved if the Davidians had imported arms, drugs, or some other product without paying the necessary excise tax placed on the goods. But, the Davidians did not have any goods that excise taxes had not been paid. Therefore, the federal government committed either an act of war or an act of terrorism against American citizens on American soil.
Additionally, any military personnel, law enforcement, or other enforcers of unconstitutional laws whether federal, state, or local who act to remove rights from the people are committing treason against the American people. They are traitors to the oath taken to uphold and defend the Constitution. And a citizen even if military may NOT be ordered to surrender his rights, to ignore his constitutional obligations to the people, or to follow orders that are contrary to the laws of God (which are the laws this country was founded on, no matter what corrupted courts and military leaders have stated).
The dangers to Liberty that now exist because of presidential and congressional abuses of office, including but not limited to malfeasance and nonfeasance, will be discussed in the conclusion.
God-Given Not Government Created or Granted
It is apparent that the American people are for the most part completely ignorant of the design of this country as a unified group of Republics. Furthermore, it is equally clear that the majority perhaps as high as 75% havent any concept whatsoever of the importance of the individual and the true meaning of freedom.
Using this information, along with the general tendency of the American people to respond to authority blindly and the great fear of doing something wrong and being punished by the federal government has essentially turned this nation into a dictatorship now headed by the Bush Cartel. There is no other conclusion that can be reached when one itemizes major transgressions and constitutional violations.
The first major violation is, of course, that the president of the government of this Republic established by the Constitution does not have any - that is nadda - zip - zilch - law-making authority. He may not make law in peace or during times of war. He is not a lawmaker. And, yet, presidents, including the current resident of the White House, have issued hundreds of Executive Orders (EOs). EOs should be completely ignored by the people of the nation because of their unconstitutionality. To do otherwise is unpatriotic.
Furthermore, all States should notify the federal government that the EOs will not be honored and that federal enforcers will not be allowed in the States (except to aid in collecting due that is due excise tax on imported goods). Remember that States are sovereign to the federal government and that the feds havent any jurisdiction over the states, only over imports.
The second major violation is that Congress has no power whatsoever to pass any law outside its jurisdiction established by the Constitution. It may only pass laws as dictated in the Constitution. This does not include any law made to affect any citizen of the 50 states. The thousands of laws made by Congress that rely on law enforcement and corrupt judges to enforce through coercive measures should be rejected by every state.
Any official complying with the laws should be rejected and put immediately out of office for criminal intent to defraud and commit extortion, racketeering, conspiracy, usually mail fraud, misrepresentation, malfeasance/nonfeasance of office, misprision of felony, along with violations of nearly every federal title listed which has resulted in the property of citizens being taken through fraudulent means. An example is the fraudulent application of Title 49 to privately owned, privately used automobiles supported by officials in the many states due to the revenue unlawfully generated.
And, now, of course, there is the damnable "USA Patriot" Act. The States and the people who are citizens of them must stand up and refuse to allow the provisions in this act to affect the many States. The feds must not be allowed to apply this awful piece of fraudulent legislation to the people. It is more terroristic as defined by the act itself than bin Laden ever thought about being.
The third major violation is that judges on every level are bound to the rule of the law. This means they are bound by the Constitution and their oaths of office to uphold the Constitution. However, judges on every level violate their oaths in nearly every case brought before them. Every decision ever uttered by any judge or, coerced from any jury not being properly advised as to jury nullification or, led to believe they must decide as the judge says or, that the prosecutor is right should be vacated. The judge or any other court official should be immediately removed from office and replaced with a person (preferably not an attorney) who has a thorough understanding of the Constitution and common law proceedings and knows every jury should be told of jury nullification and the true meaning of justice.
The fourth major violation is that law enforcement is enforcing laws created by man that are unconstitutional and not applicable to the sovereign. They completely ignore the Constitution and seem to get great perverse pleasure out of denying people their constitutional rights. Many are not even reprimanded for shooting innocent people. They seem to have the belief they have control over people rather than being the peace officers they are supposed to be.
Fifth, the federal government cannot own property except as provided for in Article I, Section 8, Clause 17. It has jurisdiction over the District of Columbia (not to exceed ten square miles) and has authority over all places purchased by the consent of the legislature of the state in which the erection of forts, maintaining arsenals, dockyards, and other buildings are needed. That is it. It may not take property under imminent domain and place any lien or levy against any American citizens property or any public property owned in common by all citizens. Since no citizen of the 50 states is liable for any tax except that paid on imports, then a lien is impossible constitutionally speaking, that is.
The sixth major violation the people have allowed is the false belief that government officials are not subject to the law of the land, that they have immunity from being prosecuted for unlawful activities. They are not immune by the Constitution except that members of Congress on the way to session or while in session may not be arrested. These people are not above the law in fact, they should epitomize the observance of all laws with any violation to the contrary subjecting them to immediate vacating of their office. That is, after all, the essence of the oath of office all must take. Violating the oath is treasonous to the people who have placed their trust in them.
The seventh major violation is that the people have allowed governments, from the federal to city levels, to create a group of people with titles of nobility and honor, namely Bar attorneys. Lawyers have been put as being above citizens elite and this is unconstitutional. Bar attorneys permeate our lives through the creation and support of unconstitutional legislation that lends quite well to the creation of wealth within this group. By doing so, the federal (and State) governments have given control over peoples rights to this group of tyrants. Rights have been converted to privileges with citizens paying for freedoms they inherently have. The scam results in billions of dollars unlawfully taken from Americans every year.
This is not new to this country. Long before lawyers made it law that only Bar attorneys could act as paid counsel for people in court, Americans recognized the parasitic nature of lawyers on the people. This is made apparent by the Shays Rebellion, the Second American Revolution.
The Rebellion, named for its leader, Daniel Shays, began on August 29, 1786. The below is taken from Shays Rebellion and the Battle for the American Jubilee by Michael Hoffman (1996). (http://www.loompanics.com/Articles/Shays.htm)
As their petitions increasingly fell on deaf ears, the citizens of the new Republic began to examine what force it was that chiefly obstructed them. Like the great anti-Masonic movement that would appear forty years later, the farmers discovered that one of the chief obstructions to reform was that class of parasite known as lawyers, who the farmers termed, the pests of society and an altogether useless order.
In running up against the society of lawyers, the farmers felt their petitions were crashing against the equivalent of their famous New England stone walls.
One of the rebels allied with Shays, Thomas Grover, gave as his reason for revolt, the large swarm of lawyers...who have been more damage to the people at large, especially the common farmers, than the savage beasts of prey. (George R. Minot, The History of the Insurrections in Massachusetts).
These despicable traitors to the American people have essentially the eighth major violation - converted our constitutional common law courts to courts of military/equity in which the rights of people and the Constitution are largely ignored. With every unconstitutional law written and enforced through coercion by this group, the further we have been removed from a constitutional Republic form of government. That yellow-fringed flag in every courtroom says it all that is the flag of a military tribunal, not a common law court.
(Authors note: Not all lawyers are found objectionable - it is only those who out of ignorance or intent that work diligently to deprive the American people of their rights.)
What we now have in this rapidly deteriorating union of States founded on the God-given rights of Man are officials who are as ignorant of the Constitution as they are treasonous. They care neither for the Constitution nor for the life, liberty, and pursuit of happiness secured by our most important documents the Declaration of Independence and the Constitution for the united States of America. Government is filled with people of greed, lust, and amorality with wannabe Hitler syndromes acting as if they are concerned about freedom, Christian values (including family values), and the like doing everything except what they profess to believe.
The war against terrorism and for freedom is anything but that. How can it be when Congress does not even read a bill written possibly by people a decade ago that effectively removes the rights secured by the Constitution? Call Homeland Security what it really is Fatherland Security the establishment of the American Gestapo through unconstitutional laws. No more is the intent to preserve rights but is instead to suppress all human rights.
This is the set up and what will be except that it doesnt take into account the 25% of the people who do think for themselves, that do know the frauds perpetrated and perpetuated by the federal government have been with the intent of establishing complete totalitarian control over the people of the world. It is with those people that hope for the goodness in mankind still exists.
And, even though 25% of the military has indicated its willingness to kill American citizens who do not want to comply with unconstitutional proceedings, such as forced firearm confiscation, there is the 75% who will not. Hopefully, the 75% know who the 25% are and will work to disarm and corral them rather than the American public when the time comes.
We must pray that for every law enforcer who is willing to deprive citizens of all rights that there are two or three who will not. Surely to God many officers in all levels of enforcement know how wrong the federal and other levels of government are for imposing unconstitutional laws on the people of this nation. Surely far more are cognizant of the fact that removal of due process and ignoring the property and personal rights of people is not the law of the land and must be defended against not worked for since it affects them as well as their fellow citizens.
People, our very liberty is being threatened as it has never been threatened by any opposing force before. Never has any foreign country laid the groundwork for complete takeover and subversion as has been accomplished through actions spearheaded by Bush and his oil/other economic interests, Ashcroft, Rumsfeld, and the Congress of the United States. Our very sovereignty is in dire danger of being removed. And many American people support this man, those who stand beside him, and those who control him. For shame.
Time will expose the truth. And, it is likely to be sooner than later since all is set for the United States to take over these united States of America. No conspiracy theory just facts.
It may be too late, though, to take the actions that should have been taken for the past century. We could begin by filing criminal charges against those who have led the way to recent unconstitutional bills being passed into law and those who have enforced Executive Orders as law, including judges. We could force a hearing with Congress to find out exactly why it voted to pass a bill that removed the very freedoms Bushs so-called war against terrorism is supposed to be defending. This is especially of necessity since this oil magnate is now spreading his battle for oil control to his daddys alleged foe Iraq.
A secondary purpose would be to force the federal government to show its hand. If those who attempted to force a hearing or filed criminal complaints against officials mysteriously disappeared, were incarcerated, or accidentally shot while being arrested, then the remainder would know the extreme fallacy in allowing a law to exist such as the Patriot Act. Just how American is it when any American citizen can be arrested, held indefinitely, or otherwise treated as a terrorist simply for upholding the Constitution?
Remember this. No matter what when all is said and done THIS IS OUR COUNTRY. It does not belong to those in the federal government, the Federal Reserve owners (mostly foreign), the Bushes and Clintons of the world; nor to England, Germany, France, or to the rest of the countries on Earth. IT IS OURS.
Furthermore, our lives created by God not government are our own. Our will also created by God is ours to freely exercise without government interference or any control other than our respect for the same God-given rights of others. It is to the laws of God we must submit, not the laws of man because, you see, we are human beings we are not animals to be sequestered by and for the use of governments.
Decisions concerning these matters must be made immediately. We must take every peaceful avenue possible (even though the government is not) to force compliance from Congress and all other levels of government. We must not sit back and wait and see what will happen. The writing on the wall is quite clear about what will happen if we continue to acquiesce to the many unconstitutional events taking place.
Freedom will be lost but not to Middle East terrorists.
MACV SOCOM, PhuBai/Hue '65-'66
Or in other words:
"We have in our political system (two governments), a Government of the United States and a government of each of the several (50) states. Each is distinct from the other and each has citizens of its own". US vs Cruikshank 92 U.S. 542,23L Ed.588
"The United States Government is a Foreign Corporation with respect to a State". NY re. Merriam S. Ct. 1073, 41 L Ed 287
"Thus, all officials or persons acting in an official government position whether in a civil office, military, judicial, or law enforcement are required to take an oath or affirmation to uphold and defend the Constitution for the United States against all enemies, whether foreign or domestic, and to faithfully discharge the duties of the office, so help them God. Failure to do so is treason." [...]
"However, when choices are made that are outside the limits of the Constitution by officials, then it is the duty of every American citizen to halt immediately the acts being done. It is the duty of every American citizen to force compliance with the Constitution, which is to say to defend the freedoms God, granted each of us. Every transgression, however seemingly insignificant, is an act of treason that history shows us has led to additional transgressions until the present state of monarch-like tyranny was created." [...]
"It is this false faith and taught degree of authority that has led to the hundreds of thousands of acceptances of congressional measures and lesser governments - that are more properly classes as acts of treason." [...]
etc., etc., etc...
There are some interesting points in this article, but these aren't among them. The very same author who is quoting in detail from the Constitution would do well to read the very clear definition it contains in Article III, Section 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.
Suggesting that Congress and the President are guilty of treason because of their laws and policies, however unconstitutional they might be, is incorrect, irresponsible and self-discrediting. Dubya is not levying war against the U.S., nor giving aid and comfort to its enemies. To equate unconstitutional acts with acts of war is irrational and justly invites ridicule. There is a very real difference between usurping state powers and the United States!
If the framers of the Constitution had intended to include malfeasance in office or passing unconstitutional legislation as treasonous, I can assure you that such acts and anything else considered treasonous would be specifically defined in Article III, Section 3. Many of the framers were concerned enough about the improper use of the word "treason", so skillfully demonstrated above, that they saw fit to include its definition in the Constitution itself rather than rely on Congress or the states to define it in law. It appears their concerns were valid.
Like the author of this article, I also am concerned about usurpations and abuses of federal power. I was concerned about this before 9/11, and subsequent events have not made me feel any better about the situation. I myself have sworn to uphold and defend the Constitution, and I don't like seeing it trampled on by anyone.
However, slinging the word "treason" around recklessly does not serve the cause of upholding and defending the U.S. Constitution. Aside from being wrong by constitutional definition, it's also impractical.
The solution does not lie at the end of a pointed finger. Rather, it can be achieved by diligently and faithfully "cleaning house" in the federal government, through proper means specified in the Constitution of the United States. That's not the easiest course of action, but it is the only one that is right.
Foolishness? Other than a misunderstanding of the definition of treason, as provided by the Constitution, it was backed up 100% by the Constitution. You do support the Constitution right? I agree with Boonie Rat, it seems like conservatives can get away with anything lately. Having the magic (R) after their names should not exempt them from close scrutiny. In fact, as far as I'm concerned, their party affiliation is totally irrelevant. Case in point:
Zell Miller (D) Georgia
John McCain (R) Arizona
Who's the conservative???
It cites the Constitution but it is not backed by the Constitution. Many cite the Bible to support their arguments because anything can be found there that you care to find if you are willing to misinterpret it and take things out of context. I don't intend to go back through the whole long article looking for examples but you can rest assured that a Constitutional scholar(I am not one) could take it apart.
Despite that, let's look at real transgressions of the Constitution which are already in place. Are the income tax and the IRS legal? What about the Departments of Education, Labor, Agriculture, Commerce, Interior, etc., etc.? Are restrictions on gun ownership for nonfelon citizens legal? What about separation of church and state, prayer in school, saying the pledge to the flag? Are they unconstitutional?
See, the Constitution is trampled on everyday and all these things need to be corrected but that will take time and many changes in our present politics before it can happen. Articles like this one which challenge actions taken in time of war, actions intended for our protection, actions which have been taken before and later recinded, not actions to usurp the Constitution, are dangerous and out of place, as well as mistakened. Don't get on that bandwagon.
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