We are all aware that we have Rights and Liberties, which are protected by the US Constitution. We also know that the US Constitution is constantly being re-interpreted thereby abridging, modifying, and eroding our Rights and Liberties. The questions are: (1) Do you even know that is happening? (2) Do you even care that it is happening? (3) Are you doing anything about it? (4) What can you do about it? AND at what point will you make a stand for your Rights and Liberties?
People have made their stand against the tyranny of government, elitism, and other forms of hatred toward the sovereignty of the individual over his, or her, government or the corporate lobbies which push the agenda they desire. Unfortunately, many of our representatives give in to the temptation in order to attain re-electability for the next term. It is up to We the People to take back our government from the politicians and take back the courts from the judges who choose to legislate from the benches throughout America. But exactly, how far are you willing to go? Are you willing to be jailed to protect the Rights of another individual as was mentioned in the last part?
States and the Government are constantly requiring you the individual to obtain a permit in order for you to do something. Don’t you find that rather odd? I do! For you have absolute Rights, corporations and governments have privileges. Let me clarify, you are the individual from whom (you and others) created the local and state governments and you gave them certain privileges to do things on your behalf (read the Declaration of Independence), the states in-turn created the federal government and we elected our representation to serve at our pleasure by caring for the day-to-day business of governmental dealing.
Murdock v. Pennsylvania, 319 U.S. 105 (1943) (Supreme Court trumps everything else) Murdock is basically a religious test case. A religious group wanted to go out and preach among the public as that is their right to evangelize. Pennsylvania wanted them to have a license to solicit. The group claimed their first amendment right of life, liberty and the pursuit of happiness, the right to worship and exercise their religion unencumbered. The points on the case that are established are “A state may not impose a charge for the enjoyment of a right granted by the federal constitution; and that a flat license tax here involved restrains in advance the constitutional liberty of press and religion, and inevitably tends to suppress the exercise thereof.” That the ordinance is non-discriminatory, and that it applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are in a preferred position. Since the privilege in question is guaranteed by the federal constitution, and exist independently of the state’s authority, the inquiry as to whether the state has given something for which it cannot ask a return is irrelevant. No state may convert a secured liberty into a privilege and issue a license and a fee for it.
The first thing you need to understand is Article 6 paragraph 2 of the constitution. This is known as the supremacy clause of the constitution. Basically what it says is “This constitution, and the laws of the United States which shall be made pursuance thereof, and the treaties made or which shall be made under the authority of the United States shall be the supreme law of the land. The judges in every state shall be bound thereby. Anything in the constitution or laws of any state to the contrary are not withstanding in law.
One of the most important cases in American history is Marbury v. Madison, 5 U.S. 137 (1803). This is one of the leading cases in the history of the U.S. The opinion of the court was “Anything that is in conflict is null and void of law; Clearly for a secondary law to come in conflict with the supreme was illogical; for certainly the supreme law would prevail over any other law, and certainly our forefathers had intended that the supreme law would be the basis for all laws, and for any law to come in conflict would be null and void of law. It would bear no power to enforce, it would bear no obligation to obey, it would purport to settle as though it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded by a court of law. No courts are bound to uphold it, and no citizens are bound to obey it. It operates as a mere nullity or a fiction of law, which means it doesn’t exist in law.”
Now, that is quite powerful to say the very least! Most people do not study law or the Constitution. With all due respect to all Americans, I believe it is high time that we started studying both again, taking all of the lessons to heart. A little background for you so that you may relate to me. I listened to many shows while at work trying to understand the Constitution, my Rights, and the law because I was interested in them. Of course, when you learn something new, you want to share it all with your friends and so I did. Then one day I received a ticket based upon an accusation. First off, an officer of the law cannot write out a ticket based upon an accusation without proof, one person’s accusation is not proof; secondly, an Animal Control Officer is not an officer of the law, but is a corporate subcontractor of the county; then there is what the laws stated which were not violated, that which the Nebraska Supreme Court had stated on the subject and we cannot forget there was in the state statutes which stated, “…No such ordinance or resolution shall place a duty or liability on any person, other than an employer, employment agency, or labor organization…” Which in-turn says that the county makes laws applicable to the employers and labor organizations, not the people that reside within. I wrote my own briefs and had a blast doing it and I learned quite a lot about the law. Oh, let us not leave out the fact that my neighbors enjoyed the entertainment value. Also, you elect one body to create laws within each state, and that is the legislature. The counties are extensions of the state, but are empowered to govern the businesses within their borders. I found that rather interesting, oh by the way they had to drop the case because they had nowhere to go with it.
Even though these court cases are specific to religion, taxation, politics, etc. they are applicable to all situations. You are required to think for yourself and determine how it applies. Another thing you must keep in mind is the fact that when you obtain a lawyer to fight your battle you deem yourself to incompetent before the court, but if you fight your own battles you have greater leeway because most laws and rules within the courtroom are geared toward lawyers, you aren’t a lawyer, huh.
Butler, J. (n.d.). THE BEST OF CARL MILLER. Retrieved January 15, 2013, from MY PRIVATE AUDIO: http://www.myprivateaudio.com/CARLTEXT.pdf; https://www.youtube.com/watch?v=1s-zHrNPfkQ (PARTS 1, 2, & 3)
Geiger, R. (2008, June 4). Background on the First Amendment. Retrieved March 5, 2013, from Oklahoma State University School of Media & Strategic Communications: http://journalism.okstate.edu/faculty/jsenat/foioklahoma/educationlessons/Background_on_First_Amendment.pdf
Lockhart, W. B., Kamisar, Y., & Choper, J. H. (1970). THE AMERICAN CONSTITUTION Cases and Materials. St. Paul: West Publishing.
Know Your Constitution – Carl Miller Parts 1 – 3 (abt. 1980). [Motion Picture].