Quotable Moments in Time…

I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.”

~General Douglas MacArthur

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Quotable Moments in Time…

…the first official act of this nation declared the foundation of government in these words:  “We hold these truths to be self-evident***.”  While such declaration of principles may not have the force of organic law, or be made the basis of judicial decision as to the limits of right and duty, and while in all cases reference must be had to the organic law of the nation for such limits, yet the latter is but the body and the letter of which the former is the thought and the spirit, and it is always safe to read the letter of the constitution in the spirit of the Declaration of Independence. 

– US Supreme Court, majority opinion;

Gulf, Colorado & Sante Fe Railroad Co. v Ellis (1897)

Jury Duty

Next week I am scheduled for jury duty.  I am rather excited about it, as I honestly believe that it is not just our civic duty to perform, but also our moral duty.  You may be wondering “moral duty?”  Yes!  So many people are hell bent on getting out of this obligation, because it is interfering in their lives; however, they fail to realize the purpose of this duty.  YOU are all that stands between a fellow citizen and jail, potentially a wrongful imprisonment.  This is a serious subject and MUST be deemed as such.  You are not the Prosecuting Attorney’s friend, nor are you the District Attorney’s friend; you are, in fact, the ally of the accused, because you can stop the improper use of the law and say to one and all…THIS IS WRONG AND I WON’T STAND FOR IT!

Why a JURY of your PEERS is is so vital to FREEDOM?  One day long ago a man rode into the small town of Culpeper, VA He was totally shocked by what he saw!  There, in the middle of the town square was a minister tied to a whipping post, his back laid bare and bloody with the bones of his ribs showing. He had been scourged like JESUS, with whips laced with metal.  The man turned to someone and asked what the man had done to deserve a beating such as this.  The reply given him was that the man being scourged was a minister who refused to take a license. He was one of twelve who were locked in jail because they refused to take a license to preach.  The time was March, 1775 and the man who viewed this travesty was none other than Patrick Henry and the incident was the basis for his “…GIVE ME LIBERTY OR GIVE ME DEATH!” speech.

On another occasion in history a Mr. Bushnell sat on the jury for a man who was placed on trial for violation of a “Conventicle Act.” This was an elaborate Act which made the Church of England the only legal church. The Act was struck down by the jury’s not guilty vote. Freedom of Religion was established and became part of the English Bill of Rights and later it became the First Amendment to the U.S. Constitution. In addition, the Right to peaceful assembly was founded, and Freedom of Speech. Had Bushnell and his colleagues yielded to the guilty verdict sought by the judge and prosecutor, William Penn most likely would have been executed as he clearly broke the law.  The year was 1670 and the man on trial was William Penn.

As a member of the Jury you carry much weight and power, unfortunately people are more interested in going home to watch reruns of Friends or MacGyver, hmmmm!  The previous two stories are the basis for the Bill of Rights, more specifically the First, Fourth, Fifth, Sixth, and Eighth Amendments

AMENDMENT VI (1791) to the US Constitution reads as:  “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”  This guarantees each of us the right to an impartial Jury, but so many of us forget that we are INNOCENT UNTIL PROVEN GUILTY, not the other way around!

We are endowed with God-given, or inalienable, Rights.  They come from our creator; no one can take them from us and we cannot give them away without the ability to pick them back up and use them again.  Only YOUR creator can take them from you!  As a Juror you have an obligation to the accused to ensure and make certain that he, or she, gets a fair trial.  It is NOT your duty to make certain that every Tom, Dick, and Harry is found guilty of everything that the Prosecutor swings before you and says that he is guilty.  NEWS FLASH: Not every Policeman, District Attorney, Prosecutor, and Judge tells the truth – nor do they ensure that you know everything that you need in order to make that decision.

“All laws which are repugnant to the Constitution are null and void.” Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

“When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.

JURY RIGHTS

“The jury has the right to judge both the law as well as the fact in controversy.” John Jay, 1st Chief Justice U.S. Supreme Court, 1789

“The jury has the right to determine both the law and the facts.” Samuel Chase, U.S. supreme Court Justice, 1796, Signer of the unanimous Declaration

“The jury has the power to bring a verdict in the teeth of both law and fact.” Oliver Wendell Holmes, U.S. Supreme Court Justice, 1902

“The law itself is on trial quite as much as the cause which is to be decided.” Harlan F. Stone, 12th Chief Justice U.S. Supreme Court, 1941

“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge…” U.S. vs. Dougherty, 473 F 2nd 1113, 1139. (1972)

And these are the Judges from the days of old speaking on the subject. During the Reconstruction Period of our history it was difficult at best to get justice for the previously known slaves and  ultimately impossible to find a white man guilty of murdering a previously know slave and that was when the Judges began to instruct the jury and essentially said that the jurors needed to listen to them.

The ultimate goal of the Communist belief is power and the Communist Manifesto represents a misguided philosophy, in my opinion, which teaches the citizens to give up their RIGHTS for the sake of the “common good,” but it always ends in a police state.  Just listen to the news and all of the things that YOUR government is implementing and how YOUR RIGHTS are being ebbed away by their law making and chiseling away at the Constitution.  This is considered preventive justice.  Control is the key concept. Read the ten tenets of communism carefully:

1. Abolition of private property.

2. Heavy progressive income tax.

3. Abolition of all rights on inheritance.

4. Confiscation of property of all emigrants and rebels.

5. Central bank.

6. Government control of Communications & Transportation.

7. Government ownership of factories and agriculture.

8. Government control of labor.

9. Corporate farms, regional planning.

10. Government control of education.

As a juror you may have to make a decision that takes away someone’s rights, rights are equivalent to property.  Just think about it and consider these things when you are on a panel of jurors.  I would highly suggest you read and reread the Declaration of Independence, US Constitution, Bill of Rights, and the Citizen’s Rule Book (which has the founding documents in it).  It would serve you well to know your rights and the rights of your fellow citizens.

 

References:

http://archive.org/stream/CitizensRuleBookJuryHandbook/

http://lewrockwell.com/peters-e/peters-e165.html

http://www.archives.gov/exhibits/charters/

Files for your viewing pleasure:

citizen-rule-book

CARLTEXT

Forms of Government Part1

Republic

A Republic form of Government is one that hinges upon several key concepts: Freedom, Individual Sovereignty, Common Law, and Rights over Privileges. This was the great American Experiment, because no such Republic was ever attempted on such a grand scale, only on a small scale. The basis of the Republican form of Government is that all men were endowed with unalienable, or inalienable, rights by their creator or by nature’s God. The representation elected has no power to vote concerning these endowed rights, nor can they limit or abridge them as they are the sovereigns (or Kings & Queens in their own right.) And “The People” consent to be governed by the created government. The limitations and requirements are generally laid out and set forth in a Constitution, which is essentially the road map that the government must follow.

Freedom as defined by Merriam-Webster dictionary is:

  1. the quality or state of being free: as
  2. the absence of necessity, coercion, or constraint in choice or action
  3. liberation from slavery or restraint or from the power of another : independence
  4. the quality or state of being exempt or released usually from something onerous <;;freedom from care>;;
  5. ease, facility <;;spoke the language with freedom>;;
  6. the quality of being frank, open, or outspoken <;;answered with freedom>;;
  7. improper familiarity
  8. boldness of conception or execution h : unrestricted use <;;gave him the freedom of their home>;;
  9. Another thought
    1. a political right
    2. franchise, privilege

I am free to do whatever I choose to do so long as it does not infringe upon your rights and freedoms. Just because something disagrees with you does not infringe on your rights because you can set the record straight by letting others know your opinion as well.

Sovereignty, as defined by Merriam-Webster dictionary is:

  1. obsolete : supreme excellence or an example of it

2. a : supreme power especially over a body politic

b : freedom from external control : autonomy c : controlling influence

3. one that is sovereign; especially : an autonomous state

Even the Black’s Law dictionary uses, or indicates, this definition.

The idea is if you study US history, the Declaration of Independence, and the US Constitution, that the People are sovereign as it was “The People” who created the individual states, and the states thereby created the Federal Government. If that is so, we as Citizens of the United States have been lacking in our duties to protect our rights and liberties. As you listen to and read the news these days you are hearing that the Federal Government has enacted a law that limits a right; however, this is not permissible because your rights cannot be abridged, managed or governed by the elected Government! As “The People” are governed by their consent. Within the last year, or two, many states have asserted their power of sovereignty over the demands of the US Government by using the Tenth Amendment, which reads “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Article 1, Section 8 of the US Constitution (http://caselaw.lp.findlaw.com/data/constitution/article01/) states what the elected representatives can do (there are only about 18 items, or orders of business that they may tend to). Article 1, Section 9 of the US Constitution is a list of what our representatives cannot do. And what seems to astound me is they (the President, Senators, and Congress) take it upon themselves to pass a Law and use it to amend, abridge, and manage the rights of the Citizens, thereby usurping the Constitution and delegated authorities.

Rights over Privileges (defined by Merriam-Webster dictionary)

Right: something to which one has a just claim (and has no need of permission; my emphasis)

Privilege: a right or immunity granted as a peculiar benefit, advantage, or favor : prerogative; especially : such a right or immunity attached specifically to a position or an office

YOUR unalienable rights are innumerable! Your rights are guaranteed and protected by the Bill of Rights to the US Constitution; you do not receive them because of the Constitution. The Bill of Rights (first 10 Amendments) are a short list of those rights which our Founding Fathers believed to be the most important but were shortened to the “…life, liberty, and pursuit of happiness…” However, the Ninth Amendment which says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”, which states that those rights not listed, are also guaranteed to “The People.” On the other hand, privileges are granted to you by those who create the law. Beware of the loss of your rights and protect them at all costs!

And finally, a republican form of government is guaranteed to ALL States to the Union (US Constitution, Article 4, Section 4; http://caselaw.lp.findlaw.com/data/constitution/article04/). But is that truly the case?? Look around you; though it may seem you can do anything you desire to do…much you do is treated as a privilege, not a right.

What can you do? Become active in your community and be that protector of “The People’s” Rights and Liberties. Remember, the Rights and Liberties you don’t uphold for the least in our society are the same rights you let slip away for those who may be your daughter, son, granddaughter, grandson, etc…the list can go on. To remove God from our society and beliefs, you also remove the impetus from which your rights are derived.

Learn and study the History of the US, the founders, and the founding documents. Know your rights!

Quotable Moments in Time…

A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury. After that, the majority always votes for the candidate promising the most benefits with the result the democracy collapses because of the loose fiscal policy ensuing, always to be followed by a dictatorship, then a monarchy.

~Alexander Tytler (1747-1813)

So Many Book, So Little Time…

BROKE: THE PLAN TO RESTORE OUT TRUST, TRUTH, AND TREASURE by Glenn Beck

This is a very interesting book about the economic condition of the US, to say the very least.  This book is for those who believe that the direction, in which this country is headed, economically, is the wrong direction.  In-fact, deep down we know that this economic crisis which we find ourselves in is potentially devastating and cataclysmic for this country.  It will take the actions of true Americans to perform their patriotic duty by taking it upon them to restore this country to the greatness and stature it once held.  No longer can we wait for and seek out a leader to pave the way, but rather we each must pave the way by becoming and being the leader that we must be.  In so doing we can set things right by restoring this republic to its rightful place and making the truly tough decisions to cut spending instead of borrowing the money from our children’s future.  This book is chock full of great ideas to change the direction of this country, if we would only seek their fruition.  And if only our representatives sought our input.  Unfortunately, they have far greater ideas to utterly destroy the economic and financial future of this grat country.

On a personal note I highly recommend this as an eye opening read, but should also be accompanied by reading Hayek’s “The Road to Serfdom,” and G.E. Griffin’s “The Creature from Jekyll Island.”