To Fight Progressivism

Glenn Beck: To Fight Progressivism, ‘Know What You Believe In — And Then Hold Fast to It’
Apr. 5, 2014 5:06pm Dave Urbanski

Radio and TV personality Glenn Beck said Saturday that Americans — in order to turn back the tide of progressive politics and a government that props it up — must “know what you believe in — and then hold fast to it.”

“Socialists and progressives are nothing more than communists with patience, that’s it,” Beck told the cheering crowd of thousands during his keynote address at the FreePAC Kentucky event in Louisville.

“The progressive disease is in both parties, period. It’s antithetical to the American system, period.”

Beck also reaffirmed his support of Republican U.S. Senate candidate ­ Matt Bevin (“I believe that man was called of God”) and vehement opposition to the man running against Bevin in the upcoming primary: “Mitch McConnell is as big a danger to this country as Barack Obama,” Beck said.

Beck also brought along a table full of historically significant artifacts that add tactile and visual exclamation points to his impassioned pleas for Americans to never forget history — and if they have, to get reacquainted with it.

Among the artifacts he shared with the audience was a microphone used by Tokyo Rose in World War II (to underscore the truth that she in fact used her time she was kept in Japan to help the allied cause) and the last script signed by Josef Mengele — a physician in the Auschwitz concentration camp during World War II, which was for sleeping pills to give to children who were “undesirables.”

“We have seen these times before,” Beck said. “History must be preserved” and not erased.

Beck reiterated a phrase he noted at the start of his speech, that “these are the beginnings of miracles” but added a crucial qualifier: “It requires us to stand…and it requires us to get hit.”

To that end, Beck told the crowd to dig in and get ready.

“I challenge you to know what you believe in — and then hold fast to it,” Beck said.

Near the end of his talk, Beck held up George Washington’s compass.

“He’s my hero because he didn’t do what he wanted to do,” Beck said, his voice choking up. “He did what God wanted him to do.”

Beck shared that one day toward the end of his time at Fox News, he kept the compass in his pocket — and his hand on the compass, feeling the indentation left by the fingers of Washington — to remind himself to “stay true.”

To conclude Beck noted a phrase from the original prospectus of the Disneyland theme park — that it would be about “the ideals, dreams, and hard facts that have made America” to “send them forth as a source of courage and inspiration to the world.”

Beck told the crowd that was his challenge as well — that all of us would “stay true” and hold fast to the ideas of American and “internalize them, live them, preach them…and send them forth.”

Other who spoke at FreePAC Kentucky included TheBlaze Radio’s Andrew Wilkow, constitutionalist attorney Rick Brueggemann, author Deneen Borelli, U.S. Congressional candidate Dan Bongino, FreedomWorks president Matt Kibbe, and U.S. Senate candidate ­ Matt Bevin.

Glenn Beck’s full speech

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Summary of Constitutional Rights, Powers and Duties

I thought this was an interesting article. Original article

Discussions of rights are sometimes confused concerning what are and are not rights of the people or powers of government or the duties of each. This is an attempt to summarize most of the more important rights, powers, and duties recognized or established in the U.S. Constitution, in Common Law as it existed at the time the U.S. Constitution was adopted, or as implied therein. Not included are certain “internal” or administrative rights and powers that pertain to the various elements of government within each level with respect to each other.

Personhood:[1]

“Persons” are one of the two main classes which are the subject of rights, powers, and duties, the other being “citizens”. Persons may be “natural” or “corporate”. “Citizens” are a subclass of “natural persons”. Only persons have standing as parties under due process. Each government has the power to define what is and is not a “person” within its jurisdiction, subject to certain restrictions of Common Law and the Constitution, the 15th Amendment to which requires that it not exclude anyone based on race, color, or previous condition of servitude. Under Common Law existing at the time of the adoption of the U.S. Constitution, “natural personhood” was considered to begin at natural birth and end with the cessation of the heartbeat. But technology has created a new situation, opening the way for statute or court decision to extend this definition and set the conditions under which personhood begins and ends.

Each government may also establish, within its jurisdiction, “corporate persons” such as governmental entities, associations, trusts, corporations, or partnerships, in addition to the Common Law “natural” persons, but the “personhood” of such corporate entities is not created by the government. Its corporate personhood derives from the personhood of its members. Corporate persons must be aggregates of natural persons.

Under Common Law, persons include only individual human beings and combinations of them acting in concert, but it provides a basis for inclusion of entities that are sufficiently like human beings in their behavior to be indistinguishable for legal purposes, such as aliens, androids, or genetically enhanced animals, which have interests, an ability to reason, and an ability to communicate. This would exclude, however, establishment of other things as persons, such as inanimate objects, which have no ability to represent themselves under due process. Inclusion of such inanimate objects as parties to civil due process, in effect making them “persons”, has found its way into the U.S. legal system as in rem proceedings, unconstitutionally, through recent seizure/forfeiture statutes.

Although not a well-developed area, there is also a basis for excluding entities which, although they are born to human beings, lack attributes which would enable them to be functionally human, such as some minimal level of cognitive capacity, but such beings must be considered natural persons as the default unless proven otherwise through due process.

Citizenship:

Citizenship is the attribute of persons who, as members of the polity, have certain privileges and duties in addition to those they have as persons. Citizens include those born on U.S. or State territory or naturalized according to law.

Natural Rights:

The classic definition of “natural rights” are “life, liberty, and property”, but these need to be expanded somewhat. They are rights of “personhood”, not “citizenship”. These rights are not all equally basic, but form a hierarchy of derivation, with those listed later being generally derived from those listed earlier.

Personal Security (Life):

(1) Not to be killed.

(2) Not to be injured or abused.

Personal Liberty:

(3) To move freely.

(4) To assemble peaceably.

(5) To keep and bear arms.[18]

(6) To assemble in an independent well-disciplined[13] militia.

(7) To communicate with the world.

(8) To express or publish one’s opinions or those of others.

(9) To practice one’s religion.

(10) To be secure in one’s person, house, papers, vehicle[14], and effects against unreasonable searches and seizures.

(11) To enjoy privacy in all matters in which the rights of others are not violated.[7]

Private Property:

(12) To acquire, have and use the means necessary to exercise the above natural rights and pursue happiness, specifically including:

(1) A private residence, from which others may be excluded.

(2) Tools needed for one’s livelihood.

(3) Personal property, which others may be denied the use of.

(4) Arms suitable for personal and community defense.

Non-natural rights of personhood, created by social contract:

(1) To enter into contracts, and thereby acquire contractual rights, to secure the means to exercise the above natural rights.[1,15]

(2) To enjoy equally the rights, privileges and protections of personhood as established by law.

(3) To petition an official for redress of grievances and get action thereon in accordance with law, subject to the resources available thereto.

(4) To petition a legislator and get consideration thereof, subject to resources available thereto.

(5) To petition a court for redress of grievances and get a decision thereon, subject to resources available thereto.

(6) Not to have one’s natural rights individually disabled except through due process of law, which includes:

(a) In criminal prosecutions:

(1) Not to be charged for a major crime but by indictment by a Grand Jury, except while serving in the military, or while serving in the Militia during time of war or public danger.

(2) Not to be charged more than once for the same offense.

(3) Not to be compelled to testify against oneself.

(4) Not to have excessive bail required.

(5) To be tried by an impartial jury from the state and district in which the events took place.

(6) To have a jury of at least six for a misdemeanor, and at least twelve for a felony.[1]

(7) To a speedy trial.

(8) To a public trial.

(9) To have the assistance of counsel of one’s choice.

(10) To be informed of the nature and cause of the accusation.

(11) To be confronted with the witnesses against one.

(12) To have compulsory process for obtaining favorable witnesses.

(13) To have each charge proved beyond a reasonable doubt.[1]

(14) To have a verdict by a unanimous vote of the jury, which shall not be held to account for its verdict.[1]

(15) To have the jury decide on both the facts of the case and the constitutionality, jurisdiction, and applicability of the law.[1]

(16) Upon conviction, to have each disablement separately and explicitly proven as justified and necessary based on the facts and verdict.[1]

(17) To have a sentence which explicitly states all disablements, and is final in that once rendered no further disablements may be imposed for the same offense.[1]

(18) Not to have a cruel or unusual punishment inflicted upon oneself.

(b) In civil cases:

(1) To trial by an impartial jury from the state and district in which the events took place[1] where the issue in question is either a natural right[1] or property worth more than $20.

(2) In taking of one’s property for public use, to be given just compensation therefor.

(3) To have compulsory process for obtaining favorable witnesses.[1]

(c) In all cases:

(1) To have process only upon legal persons able to defend themselves, either natural persons or corporate persons that are represented by a natural person as agent, and who are present, competent, and duly notified, except, in cases of disappearance or abandonment, after public notice and a reasonable period of time.[1]

(2) Not to be ordered to give testimony or produce evidence beyond what is necessary to the proper conduct of the process.[1]

Non-natural rights or citizenship, created by social contract:

(1) To enjoy equally the rights and privileges of citizenship as established by law.

(2) To vote in elections that are conducted fairly and honestly, by secret ballot.

(3) To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials.[17]

(4) To receive militia training.[7]

See also List of constitutional rights.

Disabilities of minority: [1]

Certain of the above rights are restricted, or “disabled”, for minors, but the definition of who is a minor and the extent to which each of these rights are disabled for minors, is limited to the jurisdiction over which each government has general legislative authority, which for the U.S. government, is “federal ground” (see below). Minors are the only class of persons whose rights may be disabled without a need to justify the disablement as arising from the need to resolve a conflict with the rights of others, either through statute or due process. The disablement consists of the assignment of a power to supervise the exercise of the rights under the headings of “liberty” and “property” listed above to a guardian, by default the parents, who acts as agent of the State for the purpose of nurturing the minor. The disability is normally removed by statute providing for removal when a certain age, such as 18, or condition, such as marriage, is attained. The disabilities of minority can also be removed earlier by court order or, if statute allows, extended beyond the usual statutory expiration by court order in cases of incompetence. The right to vote is not included among the disabilities of minority, but is defined separately by law, so that removal of the disabilities of minority does not in itself affect having the right to vote.

Constitutional duties of persons under U.S. or State jurisdiction: [7]

(1) To obey laws that are constitutional and applied within their proper jurisdiction and according to their intent.

(2) To comply with the terms of legal contracts to which one is a party.

(3) To tell the truth under oath.

Constitutional duties of citizens under U.S. or State jurisdiction: [7]

(1) To preserve, protect, and defend the Constitution.[6]

(2) To help enforce laws and practices that are constitutional and applied within their proper jurisdiction and according to their intent, and to resist those which are not.

(3) To serve on juries, and to render verdicts according to the constitutionality, jurisdiction, and applicability of statute and common law, and the facts of the case.

Constitutional duties of able-bodied citizens under U.S. or State jurisdiction:[7]

(1) To defend the U.S. or State, individually and through service in the Militia.

(2) To keep and bear arms.[18]

(3) To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials when present.[17]

Powers delegated to U.S. (National) Government:

(1) Exclusive powers

(1) To lay and collect import duties.[8]

(2) To pay the debts of the U.S. Government.

(3) To regulate commerce with foreign nations and Indian Tribes.

(4) To regulate commerce among the States.[2]

(5) To regulate immigration.[7]

(6) To establish a uniform rule of naturalization.

(7) To establish uniform laws on bankruptcy throughout the United States.

(8) To coin money and regulate its value and that of foreign coin, and to issue bills of credit.

(9) To provide for the punishment of counterfeiting the securities and current coin of the United States.[3]

(10) To fix the standard of weights and measures.

(11) To provide and regulate postal services.

(12) To establish protection for intellectual property, including patent, copyright, and trademark rights.

(13) To constitute lower national courts.

(14) To define and punish piracies and felonies committed on the high seas, and offenses against the laws of nations.[3]

(15) To declare war, authorize warlike activities by other than the armed forces, and make rules concerning captures.

(16) To raise, support and regulate the armed forces.

(17) To govern what part of the Militia shall be employed in the service of the United States.

(18) To exercise general Legislation[9] over federal ground, which is limited to federal territories and districts, land purchased from states with the consent of their legislatures, U.S. flag vessels on the high seas, and the grounds of U.S. embassies abroad.

(19) To guarantee a republican form[12] of government to the States.[3]

(20) To enter into a treaty, alliance, or confederation with a foreign state.

(21) To declare the punishment for treason.[3]

(22) To prescribe the manner in which the acts, records, and judicial proceedings of each state shall be proved to other states and what should be done about them.

(23) To admit new states into the Union.

(24) To dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.

(25) To make laws necessary and proper for executing the powers delegated to the U.S. government.

(2) Pre-emptive but non-exclusive powers

(1) To provide for the common defense and general welfare.

(2) To provide for calling forth the Militia to execute the laws, suppress insurrections, and repel invasions.[16]

(3) To provide for organizing, arming, and disciplining the Militia.

(4) To prescribe the times, places and manner of holding elections for members of Congress, except the places for electing senators.

(5) To conduct a census every ten years.

(3) Non-pre-emptive non-exclusive powers

(1) To lay and collect excise taxes on commerce or income taxes on persons.[8]

(2) To borrow money.

Restrictions of the powers of the national Government:

(1) No exercise of powers not delegated to it by the Constitution.

(2) No payment from the Treasury except under appropriations made by law.

(3) Excises and duties must be uniform throughout the United States.

(4) Shall pass no tax or duty on articles exported from any state.[5]

(5) No appointment of a senator or representative to any civil office which was created while he was a member of Congress or for which the amount of compensation was increased during that period.

(6) No preferences to the ports of one state over another in regulation or tax collection.

(7) No titles of nobility shall be granted by the U.S. government, or permitted to be granted to government officials by foreign states.

(8) May not protect a State against domestic violence without the request of its legislature, unless it cannot be convened, in which case, without the consent of its executive.

(9) U.S. courts do not have jurisdiction over suits against a state by citizens of another state or foreign country.

Powers delegated to State Governments:

(1) Exclusive powers

(1) To appoint persons to fill vacancies in the U.S. Congress from that state and to hold special elections to replace them. State executive may make temporary appointments if state legislature in recess and until they reconvene, when they shall appoint a temporary replacement.

(2) To appoint the officers of its Militia.[11]

(3) To conduct the training of its Militia.[12]

(2) Non-exclusive powers[4]

(1) To prescribe the times, places and manner of holding elections for members of Congress.[10]

Restrictions of the powers of the State Governments:

(1) State constitutions and laws may not conflict with any provision of the U.S. Constitution or U.S. laws pursuant to it.[7]

(2) May not exercise powers not delegated to the State government by the State Constitution.[7]

(3) May not make anything but gold or silver coin a tender in payment of debts.

(4) May not pass a law impairing the obligation of contracts.

(5) May not grant a title of nobility.

(6) May not collect imposts or duties on imports or exports without consent of Congress, except fees necessary to cover the costs of inspections and paid to the U.S. Treasury.[8]

(7) May not lay a duty on tonnage.

(8) May not keep troops or ships of war in time of peace or make war without the consent of Congress, unless actually invaded and in imminent danger that does not admit of delay.

(9) May not make a compact or agreement with another state of the U.S. or with a foreign state without the consent of Congress.

Duties of the State Governments:

(1) Must provide a republican form[12] of government to their citizens.[7]

(2) Must conduct honest and fair elections, by secret ballot.[7]

(3) Must give full faith and credit to the public acts, records, and judicial proceedings of every other state, and recognize the privileges and immunities granted thereby.

(4) Must extradict a person charged with a crime in another state to that state.

(5) Must organize and train their militias.[7]

Restrictions of the powers of all Governments:

(1) Shall not disable any natural or constitutional right without due process of law, and then only to the extent necessary to avoid infringing the rights of others.

(2) Shall not deny any person within its jurisdiction equal protection of the laws.

(3) Shall not suspend habeas corpus, except in case of rebellion of invasion and the public safety may require it.

(4) Shall not issue a search warrant but on probably cause, supported by an oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

(5) Shall not arrest members of Congress, except for treason, felony, or breach of the peace, while their house is in session.

(6) Shall not question a member of Congress on anything he says during a speech or debate in his house.

(7) Shall not pass any bill of attainder or ex post facto law.

(8) Shall allow no slavery or involuntary servitude except as punishment for a crime of which the party shall have been duly convicted.

(9) Shall not deny or abridge the right to vote to any person on account of race, color, previous condition of servitude, sex, for failure to pay any tax, or on account of age if older than 18.

(10) Shall not exercise any power in an unreasonable manner or for other than a legitimate public purpose, as partially indicated in the Preamble. (No power is “plenary”, and discretion can be abused.)

Some arguably needed national powers:

(1) To regulate the manufacture, distribution, operation, and disposition of aircraft and spacecraft, the regulation of their crews, and the definition and punishment of crimes committed on U.S. registered aircraft or spacecraft or on aircraft or spacecraft operating in U.S. airspace.

(2) To regulate cabled or wireless communications beyond a distance of 1 kilometer.

(3) To regulate the production, distribution, and use of nuclear energy, and electric energy transmitted more than 1 kilometer.

(4) To limit tort liability on commerce and commercial articles subject to U.S. regulation of their manufacture.

(5) To pre-emptively pass and enforce laws needed to conserve wildlife and natural resources, to protect the climate and natural environment, to prevent an excess of population, and to regulate public health and workplace safety.

(6) To provide for the punishment of abuses of power by any official, agent, or employee of, or contractor for, any institution of government, and specifically any violations of the Constitution and laws pursuant thereto.

(7) To provide for the punishment of abuses of the natural rights of persons by other persons, in the event that those abuses, if the occurred on state ground, are not prosecuted by a State government.

(8) To define “due process” to include the elements given above which are not now explicit in the U.S. Constitution.

(9) To define the arms to which persons have a right to keep and bear as including “all those weapons which may be carried by one person and which might be useful or necessary to defend oneself or the community, except weapons of mass destruction such as bombs, heavy missiles or artillery, or biological, chemical, or nuclear agents which may cause lasting injury or death.”

(10) To make explicit that only natural persons or corporate persons composed of natural persons may be the subject of due process in any civil or criminal proceeding.

NOTES:

[1] This is established in Common Law at the time the U.S. Constitution was adopted, but is not explicit in the U.S. Constitution.

[2] Originally, “commerce” meant only transfers of goods or services for a valuable consideration, so that “interstate” commerce would not include interstate migration, carrying across a state border of one’s own possessions that one intends to keep, the sending across a state border of a gift or inheritance, nor include articles which had not yet crossed a state border, or articles which had “come to rest” with the completion of the transfer. It would not include manufacturing, local sales, or things that are “part of an aggregate” of interstate commerce, or things that might “affect” interstate commerce. Note also that the power to regulate does not include the power to criminally prosecute violations of regulations, but only to seize property through civil process.

[3] These are the only provisions that allow federal criminal laws jurisdiction outside federal ground.

[4] These powers, if not exercised by the State, revert to the people.

[5] This provision would seem to forbid taxes on interstate commerce if export to another state of the U.S. is included, leaving only intrastate commerce or commerce on federal ground subject to excise taxes or duties, although interstate commerce can otherwise be regulated.

[6] This means obeying constitutional laws and practices, and resisting unconstitutional ones.

[7] This is not clearly stated, but implied.

[8] The power to tax is not the power to regulate or license, and vice versa. That is why the powers to tax and to regulate are separately specified. With one exception, which is never used (in Art. 1 Sec. 10), no allowance is made for the charging of fees to cover the costs of regulation, even though this has become a common practice, in violation of the Constitution.

[9] This use of the word “Legislation” is a term of art which grants general powers within its jurisdiction, including powers of criminal and civil law that a State might exercise within its jurisdiction, but unlike a State in that a State would be restricted by a state constitution granting it only certain powers. This is a major gap in the Constitution. Although it applies only to federal ground, it also does not make clear what are the limitations on such legislative power, other than the natural and constitutional rights of persons, and so has been interpreted to allow anything that does not violate those rights. There is a need for a federal sub-constitution, similar to a typical state constitution, that applies to federal ground.

[10] The wording suggests that the States have the power, but allows the Congress to pre-empt it.

[11] But this implies that if the State fails to appoint such officers, local militias are left to elect their own, which was the established Common Law practice at the time the U.S. Constitution was adopted. But “according to the discipline prescribed by Congress”. This means Congress can direct, but not forbid it, and implies that, in the absence of any training conducted by the State, local militias are left to organize and train themselves, which was the established Common Law practice established at the time the U.S. Constitution was adopted.

[12] The term used is “form” of government, but the Framers seem to have meant substance as well, and that is reasonably implied.

[13] The original term was “well-regulated”, but this is what was meant. Militias were originally local and independent of official authority, and it was intended that although they be subject to official authority when called into service by such authority, that they also be able to convene and operate independently when not.

[14] “Vehicle” was not explicitly included, but implied as an “effect”.

[15] This is needed to allow persons not only to have rights but the means to exercise them, and also to acquire those means if they do not already have them, without which the right would be unduly burdened. However, beyond this right, the community has the general power to restrict contracts for reasons of public policy and not just to avoid conflicts with the rights of others, so that there is not a general “right” of contract, but a “default privilege” of doing so, subject to law, for contracts that do not involve securing the means to exercise their natural rights.

[16] This is worded as “to execute the Laws of the Union”, thus allowing States to also call forth their Militias to execute their own laws.

[17] The exercise of general police powers is both a right of citizens, and a duty of able-bodied ones. All citizens are policemen, although ordinary citizens may be outranked by professional police officers when such officers are present in a law enforcement situation.

[18] Likewise, the keeping and bearing of arms, while a right of persons, is also a duty of able-bodied citizens.

FURTHER COMMENT:

Note that there is no right to marry or bear children included among any of the rights listed above. It is not a “natural” right, because natural rights are only rights of individuals, and exercise of a “right” to marry, without the consent of the other, would be an assault. Since consent is required, it is a matter of contract, and contractual rights are created by the community, even if it is a “community” of only two persons. Since the community is normally a larger polity, and since all legal contracts are agreements not only between the contracting parties, but also with the entire community, therefore the community has the power to regulate marriage and childbirth, and has exercised that power since time immemorial, for the benefit of the community.

Note also that the fundamental unit of the social contract is the local community, ward, or village. These may aggregate into a larger “state” or “federal union”, but the basis is agreement among those who are in direct contact with one another.

It is sometimes thought that “the Constitution” consists only of the written document. This is not so. The title “The Constitution of the United States” was added after the document was adopted, but “constitution” meant the “basic legal order”, and the Constitution consists of both the written document and the common law at the time the document was adopted, which is here referred to as the Common Law in caps. Now, the written document does supersede the Common Law where they might be in conflict, but it does not replace it, and courts must refer to the Common Law for guidance where the written document is silent or ambiguous.

In addition to the written document and the Common Law, the Constitution also includes Treaties, which, although they are valid only insofar as they are not in conflict with the written Constitution, are superior to both the Common Law and to State constitutions and laws, to the extent that those might be in conflict with the Treaties. Thus, some of the Treaties that have been adopted extend and clarify some of the rights, powers, and duties provided in the written Constitution. For example, that is how “federal ground” is extended to include coastal waters out to a certain distance from shore, and the grounds of U.S. embassies abroad, and how the rights of the people are amplified by the Charter of the United Nations and by various bilateral and multilateral Treaties that extend civil and commercial rights to U.S. citizens abroad.

The following diagrams can help clarify the relationship among the various elements of law in the U.S. legal system. Each element is superior to the one below it, although state constitutions are derived from their people, not from the U.S. Constitution. Although not shown, each element also includes the body of writings and recorded speeches of the legislators, diplomats, and judges who wrote the constitutions, treaties, laws, and court decisions, which clarify their intent, and which must be accepted as the basis of interpreting the words as originally meant and understood when there is confusion or dispute over their meaning.

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Bill of Rights

debate_Constitution

Part 11

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

If you truly wish to understand the First Amendment, you would be wise to study/read the Federalist Papers, writings of the individual founding fathers, and the Debates on the Constitution, and of course the letters sent by each of the founders to others (even though this may be considered part of their writings, I view them as personal correspondence.)

There is a wide array of information, books, web-sites, articles, etc. concerning the founders and their intention.  Me personally, I am both an Originalist and a Textualist…I believe the Constitution and the Bill of Rights live on with the original meaning that the founder’s intended and can be used in all governmental circumstances; also, I believe the founders wrote exactly what their intentions were in word form and can be gleaned from the text we presently have before us.  I do not believe it to be a “living document” that is breathed new meaning with the advent of a new generation.  You may not like the right that someone has, but guess what…not everyone likes the rights you are exercising! 

debate1I leave you with this quote:

“I do not agree with what you have to say, but I’ll defend to the death your right to say it.” ~Voltaire

 

See also: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9,  Part 10

Bill of Rights

freedom-of-speech

Part 10:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

We have a RIGHT to peaceably assemble with others, this is not in dispute.  We also have the RIGHT to petition our government for redressing our grievances; this also is not in dispute.  These articles are foundational to our right to gather as a people to tell those who govern us, by our consent, that they have done us a great disservice.  However, the US Supreme Court stated in a 1984 decision, “Nothing in the First Amendment or in this Court’s case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues.”  Seems a bit odd, don’t you think?  Our Founding Fathers fought over one of the grievances of just such a nature.  In-fact, it was not unheard of that if someone was considered such an upstart the British Crown would remove that person(s) to England for trial there, which created the impetus for the requirement of a jury of one’s peers in the Sixth Amendment.

Here is where things get interesting as I was reading the definition of the “Freedom of Speech” in Black’s Law Dictionary; I was referred to the “Fighting Words Doctrine.”  Who knew?  And clearly indicate that not all speech is protected by the First Amendment.  “These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting” words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”  Over the course of some 60-70 years the doctrine has been honed down to be more specific than ambiguous.  An interesting case in 1971 comes to bear with this aspect of the First Amendment:  “The Court further expanded its protection of offensive speech in Cohen v. California, 403 U.S. 15 (1971). Cohen was arrested and convicted for disturbing the peace after wearing a jacket bearing the words “F— the Draft.” The Supreme Court reversed the conviction, redefining fighting words as only those “personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reactions.” The Court reasoned that because Cohen’s statement was not an insult directed toward a particular individual, it could not be regulated as fighting words.”

Our Founding Fathers intended for our government to listen to us, since they had just shaken off the British who listened to no one but themselves.  And though the US Supreme Court has deigned it to not be a requirement of Government to answer the People, historically speaking, the people redressed their grievances with the King of England; two examples being the Magna Carta of 1215 and the Petition of Rights.  The colonists attempted to all things peacefully, over the course of a decade but the crown would not relent.  In those similar instances the people of England attempted peaceful solutions and then waged war on the crown.  The crown knew if he did not relent, it would have been sure death at the hands of his servants, hmmmmmm… The colonists followed a similar path and ended up booting the British forces out of the colonies!  On a side note, what the colonists were experiencing was far less intrusive than that of us in this present day.  People are still fighting in courts this very day, but the courts (for the most part) are siding with the government.

See also: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9,  Part 10

Works Cited

Alexander Hamilton, J. J. (1788). THE FEDERALIST PAPERS.

Andrews, J. (2001). Amendments to the US Constitution: Amendment I. In J. Andrews, Guide for Learning and Teaching the Declaration of Independance & US Constitution (p. 382). San Marcos, CA: Center for Teaching the Constitutiuon.

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)

freedomforum.org. (n.d.). What is the Fighting Words Doctrine? Retrieved January 1, 2014, from Freedom Forum: http://www.freedomforum.org/templates/document.asp?documentID=13718

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

Justia. (1984, February 21). Minn. Bd. Commun. for Colleges v. Knight – 465 U.S. 271. Retrieved January 1, 2014, from JuUSTIA US Supreme Court: http://supreme.justia.com/cases/federal/us/465/271/

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].

Turner, B. (2011, January 18). The Tyranny Of The Supreme Court. Retrieved January 1, 2014, from American Patriot Commision blog: http://americanpatriotscommission.wordpress.com/2011/01/18/the-tyranny-of-the-supreme-court/

Bill of Rights

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Part 9:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Did you ever wonder why the “Occupy Movement” was neither sanctioned, nor jailed (i.e., though they may have been arrested, they were released by the Judge with the charges being dropped not at the behest of the District Attorney, either) it was because it is our fundamental right and liberty to exercise.  Especially, when done on-the-fly and without any preplanning as if it were by a corporate mindset. 

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The right of assembly was first tested by the Supreme Court in 1876, in United States v. Cruikshank. The defendants in the case had been indicted under the Enforcement Act of 1870, which prohibited any act to “intimidate any other person from freely exercising and enjoying any right or privilege granted or secured by the Constitution of the United States”.  While the indictment could not be upheld, the court declared, “’The right of the people peaceably to assemble for the purpose of petitioning Congress for a redress of grievances, or for anything else connected with the powers or the duties of the National Government, is an attribute of national citizenship, and, as such, under the protection of, and guaranteed by, the United States. The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances.” (United States v. Cruikshank, 1876) [1]

In the precedent setting 1937 Supreme Court case De Jonge v. State of Oregon, Dirk De Jonge had been convicted for teaching communist doctrine to a gathering of 300 people .The Court reversed his conviction, observing that “the right to peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.”  In other words, said the court, you can’t deny the the right to assemble “ without violating those fundamental principles which lie at the base of all civil and political institutions.” More profoundly, the court ruled that “the holding of meetings for peaceable political action cannot be proscribed.””[2]

“Peaceable” remains the operative word. The First Amendment protects peaceful, not violent, assembly, although there must be a “clear and present danger” or an “imminent incitement of lawlessness” in order for government to restrict assembly rights.  Generally, though, the Supreme Court maintains that it is imperative to protect the right to peaceful assembly, even for those with whose speech many may disagree, such as Ku Klux Klan (KKK) gatherings, which many perceive as hateful, ruling (in National Socialist Party v. Skokie, 1977) that “it is better to allow those who preach racial hatred to expend their venom in rhetoric rather than to be panicked into embarking on the dangerous course of permitting the government to decide what its citizens may say and hear.” [3]

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The rights of Free Speech and Assembly are protected rights and liberties we all possess; however, they do not protect us from being offended by the purpose the Assembly and Speech being exercised.  The so-called Hate Laws are, in-fact, unconstitutional if you think long and hard on them, because they hinder us from saying what we desire to say and for the “Political Correctness” of the day which forces you to be tolerant of others and permits one side to be intolerant.  In essence, “Political Correctness” forces us to allow intolerance to be practiced and exercised against one group and prevents their exercising their rights, in a peaceable manner, toward the originating group.

You may consider bullying, in a sense, to be similar.  How often have you heard of a child being bullied to the point they couldn’t take it any longer and finally stood up for themselves?  And how many of them were suspended and expelled for none other than “Bullying”?  Seems a bit ironic and ludicrous, but happens much more often than you may think.  I have heard of a few occurrences here in my home area and at least 5 times, or more, nationwide.

People are becoming so fed up with the business-as-usual politicians, which created the vacuum to create the Tea Party movement.  The Tea Party is made up of Conservative Republicans with a Libertarian and Constitutionalist twist, who have found that the Republican Party had left them in spirit, heart, soul and principle.  Myself, I left long ago when I felt they left their roots and instead of standing on principle when they should have, the negotiated (and vise versa.)

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HOW DOES TYRANNY BEGIN?  WHY ARE THERE SO MANY LAWS?

Heroes are men of glory who are so honored because of some heroic deed. People often out of gratitude yield allegiance to them. Honor and allegiance are nice words for power!  Power and allegiance can only be held rightfully by trust as a result of continued character.  When people acting in the name of government violate ethics, they break trust with “WE THE PEOPLE.” The natural result is for “WE THE PEOPLE” to pull back power (honor and allegiance).  The loss of power creates fear for those losing the power. Fearing the loss of power, people acting in the name of government often seek to regain or at least hold their power. Hence, to legitimatize their quest for control, laws and force are often instituted.  Unchecked power is the foundation of tyranny.

See also: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9

Works

1.      http://suite101.com/a/understanding-freedom-of-assembly-a66325 “Early Challenges

2.      http://suite101.com/a/understanding-freedom-of-assembly-a66325 “Early History of Freedom of Assembly”

3.      http://suite101.com/a/understanding-freedom-of-assembly-a66325 “Peaceful Assembly Protection for All”

 

Part 8:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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Here is a very telling part of this Amendment, speech and press.  Both are protected, excepting under certain reasons such as yelling fire in a crowded theatre, that I find very reasonable; however, I recently read where a man was arrested and charged with felonies for holding signage protesting the Federal Reserve, I believe on the east coast around Maryland.  (The sign read something to the effect, “GIVE A MAN A GUN AND HE CAN ROB A BANK, GIVE THE MAN A BANK AND HE CAN ROB THE WORLD.”)  One felony count was for Terroristic Threats and the other for Bank Robbery, hmmmmmmmmm?  Another recent problem was a Florida Sheriff being relieved of his duties for letting someone go for possession of a firearm without a permit; the sheriff checked him out and let him go as it should be.  The sheriff’s deputy who started the whole mess was disgruntled because he had several complaints against him and was being investigated.  I just read either today or yesterday that the sheriff was placed back in to his job.  BRAVO!  There are many other incidents where many Police are threatening people with felony arrest for recording them, despite the fact that many courts have struck down such arguments.  The Glick case being won on appeal and was in the words of the Judge that recording public servants is “ancillary to the First Amendment”.

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ANY HOOO…

Take a look at all of the laws that are cropping up, lately.  I believe it was one of the California Senators that brought before the Senate a bill to “clarify” who is and who is not “PRESS”.  Unfortunately, our representation (yes, most of them) do little to nothing to protect your rights, or support & defend the Constitution, that piece of paper they took an oath to do so!  The writing is very simplistic and very straight forward…and very understandable!  To amend people’s rights through Laws is both unconscionable and unconstitutional, but as mentioned sometime ago our rights or the limitation placed on the government are not negotiable. 

Once you speak something, it is spoken; provided you did not slander or libel someone, or cause them specific harm (aside from the fact that it was true) you should be safe, but with the caveat that you are responsible for what your actions.  Once written, it is considered press and it should not matter that you are not a member of a specific news agency…once written, it is written, same rules should apply to speech should apply here.  With blogging being as in your face as it is, it seems to be the new generation of information.  And at times more up to date and fact specific than the lame-street-media!  The media, or Press (using rather loosely), have pretty much, in my opinion, abdicated their responsibilities and the people are as tired of them as they are of their government.  The people are slowly picking up the gauntlet in order to fight the battle of the Press with useful information, instead of political rhetoric, tripe, and propaganda.

Each of us needs to protect the Constitution, what it stands for, and the Bill of Rights (or Limitations on Government), God knows that it will not protect themselves!  And some of these lawyers and judges should just be activists outside of their profession NOT in the Courtrooms of America!

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See also:  Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7

Bill of Rights

Bill of Rights

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Part 7:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

It seems as though every time you turn around, someone, somewhere is being denied or hindered in their ability to exercise their religion, freely.  (i.e., students being denied the ability to create a bible study group on school grounds; a church or religious group being denied the 501(c)(3) tax exempt status designation; etc.)

Students, at the high school level, are usually minors and have limited rights; however, they do have the right to freely express themselves (under many circumstances) and have the right to endeavor in a religious activity.  Consider what is happening right now during the shutdown of the Government…Chaplains have essentially been told they cannot have services for the troops and risk an Article 15 for disobeying an order if they do so.  Odd, despite the rank they hold in the military service they are there to aid and bolster the moral and welfare of the service men and women.  Even though they are in the military, they have certain rights and their religious belief and expression happens to be one of them.

A church, on the other hand, does not have to be a corporation. Matthew 18:20 “For where two or three gather in my name, there am I with them.”  Since the Christ was equated to the head of the church, there is no need for a physical building, because of the statement by Jesus in Matthew 18:20.  However, when a church becomes a corporation, it loses some flexibility and rights.  A corporation is a fiction of either the federal or state government and therefore is bound by many laws that a constitutional church is not obligated to uphold.  A corporate church, regardless if you believe it or not, if asked for any list of people that attend are required to comply, because they can say it is a fiction of the state and that is a privilege and they refused our request; hence, they loses their corporate status.  A constitutional church made up of the people still possess the rights to donate with tax write-off , but more importantly are not obligated to yield that same information if requested.  Although, most churches are corporations are so for legal protections, others are so to protect their wealth.  All rights within the first 10 Amendments of the US Constitution are individual, not collective.  A constitutional church is a group of individuals exercising their right of freedom of religion under the First Amendment protections.

Many people are under the misunderstanding that the United States was created as a Christian Nation.  Make no mistake about it; the colonies were created due to the religious persecution of the people in England.  However, this nation was created with the idea that the leadership could freely express their religions, not necessarily Christianity.  The majority of the Congress and leadership were either Deists or Masons.  The best way to make my point would be one of the initial treaties of the United States, the Treaty of Tripoli of 1797,:

Article 11.

As the government of the United States of America is not in any sense founded on the Christian Religion, — as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen, — and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

I believe, foundationally, we are a Christian nation; however, if we were to be a strict Christian nation we would be creating a nation as that which we left…one which demanded you change your religion when the head of state decides he wants to change the religion, or worse yet, becoming a theocracy!

Thomas Jefferson once stated:  

“I never told my own religion nor scrutinized that of another. I never attempted to make a convert, nor wished to change another’s creed. I am satisfied that yours must be an excellent religion to have produced a life of such exemplary virtue and correctness. For it is in our lives, and not from our words, that our religion must be judged.”

 

I, for one, agree that it is our life’s work, speech, and actions that our religious tenets can be gleaned.  It is this freedom that makes our Country so great!

Sorry it took so long, I intended to get this out last week.

See also:  Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7

The Hidden Faith of The Founding Fathers (https://www.youtube.com/watch?v=xU24fJ4NQxo)