Restore the Republic

Recognizing The Enemy, Part 2

April 11, 2015 | 2nd Amendment, Civil Liberties, Constitution, Founders, Founding Documents, Militia, Sovereignty

The year was 1924. In an article for The Baltimore Evening Sun, H.L. Menchen wrote, “All the extravagance and incompetence of our present Government is due, in the main, to lawyers, and, in part at least, to good ones. They are responsible for nine-tenths of the useless and vicious laws that now clutter the statute-books, and for all the evils that go with the vain attempt to enforce them. Every Federal judge is a lawyer. So are most Congressmen. Every invasion of the plain rights of the citizens has a lawyer behind it. If all lawyers were hanged tomorrow, and their bones sold to a mah jong factory, we’d be freer and safer, and our taxes would be reduced by almost a half.”

What Menchen wrote was a restatement of what the Founders feared most; a legal institution that would consolidate its power. For the most part, lawyers operate under the control of a legal system, but not the “rule of law” as those who delegated certain sovereign powers to the state instituted it.  Lawyers abide by the court, and not in accordance with what was intended as a nation wherein the People are the ultimate arbiters of the law.

During the ratification debates there were those who felt that there was wording in the Constitution that could be interpreted to mean other than what was clearly decided by the delegations. Suspicion was cast on the legal profession as a primary vehicle for corruption.

Writing as Brutus for those who opposed the Constitution, Robert Yates stated, “The supreme court under this constitution would be exalted above all other power in the government, and subject to no control. The business of this paper will be to illustrate this, and to show the danger that will result from it. I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible.”

The ink was not yet dry on the Constitution when the court started to dismantle the document by first taking allegiance to the Bar as the method, by which an attorney could counsel. Eventually by conferring upon itself the authority to interpret the law, the legal profession has made law a cesspool. When a lawyer speaks it is legalese based on misdirection, misinformation, misapplication, propaganda, and in many cases outright lies. I have seen enough judges perjure themselves from the bench, and I’ve seen one too many attorney’s sell out their client.

Lawyers take an oath that states in part, “I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust…” Are we to believe that the position of state prosecutor, one that was despised by the Founders, is in any form complying with that oath?

From time to time the good People of this nation must be reminded that this is a nation of popular sovereignty. The state is an establishment, by which we the People band together in order to have a forum and method for protecting rights, freedom, and tranquility. We do so because there is, first and foremost, evil about that seeks to disrupt the lives of the common man. In the hope that they could limit, or possibly eliminate the encroachment upon liberty, the Founders created, and intended to maintain a uniform “rule of law” so that the state could not impose its awesome power on the individual by making rules outside its delegated authority.

It should be obvious that in order to maintain this system, it was up to the good People to enforce the law so that no one could unjustly prosecute, particularly by the hand of the state, any individual. Some clearly defined tools were incorporated into this nations Constitution that were to stand for justice, and prevent state abuses.

Government can never be a perfect institution. This was understood, and so the Founders attempted to design a functional government with certain limited delegated sovereign powers while “sovereignty itself remains with the people, by whom and for whom all government exists and acts”.

The Constitution established as indisputable law with enumerated powers and mechanism a bulwark against encroachment by the state. Even the common dirt farmer of the day understood the principles for which they had suffered through years of turmoil in order to create a nation of free People.

However, we now have a system of government that is beyond corrupt. It is everything that the Founders feared, and by no means the nation that farmers, merchants, laborers, and even clergy laid down their lives to create.

It has morphed into this, not because we lack the utility to thwart tyranny, but because we are a population that is as intellectually dishonest as the system that we allow to exist. We are a people that are so ignorant of the design of this nation that we work to support the encroachment and infringements by the bureaucracy rather than working to halt the obviously budding police state.

There is still hope, but that hope lies in a very few who are not encumbered by their ego. They are those people who live by the doctrine that every word in law has its intended meaning, and that assumptions in law, opinions of attorney’s, and judicial wrangling are the enemy of a free society.

You cannot maintain liberty if you subscribe to the notion “that any act of the legislature, contrary to the tenor under which it was created” is lawful. You cannot maintain liberty if you believe that it is the state, rather than the People who should possess the power of the ‘Sword’.

Logic should tell us that almost every lawyer is either ignorant of the law, or as many already believe, a liar. They do not fight the system, but rather operate in a fraud shrouded in legalese. Misapplication of law, improperly and illegally instructed jury’s are common place without an  attorney lifting a finger to put an end to those acts of judicial tyranny.

In most cases, instead of assisting your cause, your lawyer works to further his situation and that of the system. I’ve seen that far too many times to feel comfortable in what I laughing refer to as a court of law, lorded over by a black-robed bureaucrat. Has anyone heard of an attorney admonishing a judge for improperly instructing a jury?

To place a fine point on the legal profession, I once heard an attorney say that if lawyers were honest, most of us would not be paying an income tax. As one who has read through the code, I know this to be true.

The methodology “enshrined” in our Constitution to thwart tyranny are a grand jury, jury, and the Militia of the several states. These agencies of the People were intended to have the ultimate authority to stop the encroachment that is so obvious today. They cannot be voted away, legislated away, or judicially voided by instructions from the bench. They do not depend on what a lawyer might say, but rather what justice calls for, and what is the understanding of the People as to the function of law.

Each of the lawful bodies that are enshrined in the Bill of Rights have atrophied by our own hands, and our misguided trust of those within the legal profession.  We have succumb to “the useless and vicious laws that now clutter the statute-books, and for all the evils that go with the vain attempt to enforce them”.

We not only submit, but we validate it by enforcing every act of twisted words, and unconstitutional agencies. All about us a police state grows. All around are lawyers whom, rather than speak the truth they work within their own system to slowly, but surely, take all that we have, all the rights, and eventually the freedom fought for with the price of blood.

Patrick Henry, an attorney himself, was one who had no love for the ratification of the Constitution because he saw it as an instrument that could be easily manipulated to take power from the People. He understood the character of men, and in particular those of his own profession. It is why he insisted, along with others, that a Bill of Rights be added as some measure of clarity and security.

That Bill was intended, not merely as words to constrict the federal government, but also as a doctrine for the states and the People to uphold the rule of law. In this nation, despite all the theorizing about what this or that might mean, “the Constitution must mean exactly what it says or it means nothing at all”.

It is simple enough to understand that words have specific meaning within the context of a statement. The U.S. Constitution recognizes just one body as that, which has the authority to “execute the Laws of the Union”. That authority is the Militia of the several states. It’s not debatable, nor can it be disregarded, removed, dismissed, or formed outside the spectrum of a body of all the People without the force of law.

You will note that most of my recent articles gravitate towards Militia at some point. I do this for a number of reasons. First, Militia is a lawful authority of the People. Second, it was not a voluntary organization, but rather mandatory on all. Third, it was under the direction of officers appointed by the state as demanded by the Constitution. Fourth, it cannot be lawfully formed outside the rule of law by persons with no lawful authority as so many believe. Fifth, it is “necessary to the security of a free state”. Sixth, the vast majority have no idea as to what Militia is, its intended functions, duties, its power, and its ever pressing need. I could go on.

Militia is so misunderstood by the populace that it is ignored or disparaged by even those who profess to be supporters of the Second Amendment; “A well regulated Militia, being necessary to the security of a free state, the right of the People to keep and bear Arms, shall not be infringed.”

There are “Thirteen Words” within that amendment that are disregarded. But the amendment doesn’t tell the entire aspect of law because at Article 1, Section 8 we can read:

“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;”

The amendment and the authorities enumerated in the Constitution are acts of law, and as such cannot be interpreted away, nor can they be changed without the consent of the good People as instituted at Article 5.

Militia cannot be formed by a group of men outside the rules set forth by the Constitution that relied on the previously existing state statutes that defined all the workings of the body.

“A well regulated Militia” organized in a manner provided for by statute, and regulations created by the congress is a lawful authority that is included in both the federal and state constitutions.

“Inclusio unius est exclusio alterius.” Because the congress has the power “To provide for organizing” Militia, it does not have the authority to un-organize it as is believed by the pro-2nd community. In fact, the Dick Act that supposedly creates an “unorganized militia” does not contain those words, but instead contains the definition of those who are not “Regular Militia” as being “the Reserve Militia”. Reserve being those who are statutorily excused from the required scheduled training, or have reached the age of maturity.

As a matter of fact, as the Supreme Law of the Land, the Constitution codifies Militia across the spectrum of law from the federal to the local. Neither the congress, the states, nor the People themselves have the authority to un-organize militia, or create bodies that do not comply with the law as it was originally defined.

Herein lies the heart of the matter when we talk about the legal profession, and the judiciary. The doctrine of law is clear. Lawyers fail to abide the simplest principles of the rule of law; “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”

We fight endlessly about statutes that are enacted contrary to the Constitution, when it is those very statutes that contradict the tenor of law that are the problem. If we concern ourselves with the simple rule, as was the original intent we can regain the authority “necessary to the security of a free state”.

We need not run to those who have a vested interest in maintaining their status while diminishing ours. We need only to read and understand the simple words that the Founders gave us, and tell all others that we are perfectly capable of being the ultimate arbiters of the law.

“Men at some time are masters of their fates. The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings.” – From Shakespeare’s Julius Caesar

Nicholas Testaccio

 

 

 

 

 

Recognize The Enemy

March 19, 2015 | 2nd Amendment, Constitution, Founders, History, Sovereignty

Battles are won or lost on an act of heroism, a miscommunication, an errant command, an unexpected turn of events, or acts of treachery.

At Thermopylae a Greek named Ephialtes informed the Persians of a pass behind the lines of the Greek army.

On August 24th in the year of Our Lord 1814, the British set fire to parts of Washington, DC, that included the White House, and the Capital. It was a sudden storm that prevented the British from totally destroying the new nations Capital.

Miscommunication and blunders doomed Colonel Custer and the U.S. 7th Cavalry, as it did with Lord Cardigan who led his Light Brigade into the withering fire of the Russian artillery at Balaclava.

Combat has changed over the centuries, but mistakes, miscommunication, and unexpected events will turn a tide. While treachery with legend such as Ephialtes is rare, giving aid and comfort to the enemy appears to me an everyday occurrence. The true issue is that those who do so have little or no understanding of how they’ve been used to support rather than fight off tyranny.

As I’ve written and said so many times before, the United States is a Constitutional Federal Republic. It is not a democracy, nor did the Founders subscribe to the idea that it should morph into a democracy.  As Franklin said when asked what have you given us, “A republic, if you can keep it”. We’ve not kept it, nor do we admonish those who call this a democracy.

Our children are taught in school that this is a democracy. Our politicians repeat the term so often that I’m given to tears as I hear the words of treachery coming from their mouths. Even those who profess to be patriotic call this a democracy, and in certain cases they call for more of the same nonsense; “direct democracy” is what one personality has been calling for. Some of us actually relish the idea that we don’t strictly adhere to the rule of law, but rather live by the tyranny of an often selfish and ignorant majority.

Patrick Henry warned that “We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament”. Yet today, despite the history of the birth of this nation we are cautioned to be respectful as we go before committees of our servants who are plotting to infringe on another right as they conspire with those who clamor for more restrictions, more legislation, and more tyranny for the cause celeb.

As a nation of sovereigns who give enumerated but limited powers to the state, it is not only within our power, but most assuredly our duty “to alter or to abolish” government when it becomes destructive of its defined duties, and restricted power. This seems simple enough to understand as those who wrote the Constitution debated it extensively. The information is readily available to the public. We’re not talking about documents hidden in archives in a locked vault, in a basement at a secure and restricted site.

However, the electorate seems woefully ignorant of what the rule of law is in this nation. If the people I’ve engaged over the last several months are any indication I’m forced to believe that either reading comprehension is embarrassingly low, or these people have no concept of what the law is, and how disregarding it is akin to aiding the enemy.

The gentlemen who debated the tenets of the Constitution had many reservations about the document. If you read the Constitution as it was written along with the Federalist Papers, and the opposing views of the Anti-Constitutionalists you will understand what we’ve fallen to today.

If you listen to the justices of the Supreme Court, men like Lawrence Tribe, and Alan Dershowitz you can only conclude that our current system of law is akin to Thunderdome. It’s a battle with no rules. Anything goes, and the state can change on a whim, or the idiotic agenda of some group that screams loudly for more subservience.

We have a population that has been led to believe that we have a “living Constitution” not only because they’ve been saturated with that lie, but because they do not even care enough to read the Constitution and related documents. Thomas Jefferson wrote, “Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction.”

As I write this there are shows on CNN, MSNBC, GCN Live, Republic Broadcasting, and hundreds of radio stations spouting propaganda, and illogic. Make no mistake that there is plenty of truth coming from the “alternative media”, but they have no clue as to how to attack the problems we face.  Trying to wake up the majority who will always vote with their stomachs rather than their minds is, at this point in time, a futile enterprise. I don’t say that lightly, but with the knowledge that the proclaimed leaders of the patriot movement display, there is little evidence that they subscribe to, or broadcast the fact that it is the good People of this nation who have the authority to “execute the Laws of the Union”, and therefore the sovereign power to prosecute those who violate the oath of office.

Those who claim to be patriots are nothing more than manipulated tools, and controlled opposition for those who work at every level to destroy liberty and freedom. One very big problem is that the egos of these so-called patriots are so large, they willingly conspire with the enemy, or they have absolutely no analytical skills. Of course there is always the monetary issue that rears its ugly head. Memberships and contributions to the cause place a lot of people in positions of grandeur.

I have engaged people at the NRA, GOA, NJ2AS, Oath Keepers, and others I can’t even remember as I attempt to at least have them examine what their agenda is, how it conflicts with logic and sanity, and how for each victory claimed there are at least ten different directions that the power brokers behind the state can move.

There is not a competent general among those who receive the most prominence. However, there have been others who’ve walked towards a solution and risked life and liberty. You might know the name of Bob Shultz, who happens to be a fearless combatant against the state. Several years ago Bob and his friend Roland Croteau held a hunger strike on the steps of the Capitol that was to last until the IRS cited the law, under which the state collects taxes. That was not coming, but a congressman intervened to stop the hunger strike and scheduled a day for the IRS to come forward. That date in June of 2001 was rescheduled to late in September of 2001. On September 11th, the World Trade Center was attacked, and so the IRS was not made to live up to the agreement negotiated by the congressman.

Some year’s back, Bob attempted to bring together several different groups in order to form a cohesive unit whose agenda would be the restoration of true liberty and freedom. He was unsuccessful, as none of the groups would band together.

I thought it was a brilliant idea. The law is clear as to who holds the power of the ‘Sword’ in this nation. A strong front by several groups with membership in the millions could bring about significant change.  Once again ego and ignorance thwarted what could have easily been a game changer.

What I’ve noted most from groups such as the NRA, GOA, affiliates, and others involved in the 2nd Amendment issue, is an illogical avoidance of the one thing that might change the gun debate issue; Militia.

If I engage people from any of these organizations on the topic of the need to revitalize the Militia, it’s as if I’m speaking a totally foreign language. I dare say that all these brave patriots are not that at all because they would be stepping forward and demanding that the state legislatures revitalize the Militia.

In fact, I’ve been told by some to watch my words, and on the forum of one organization I was told that I wasn’t wanted there because “we could get in trouble just for talking about this”.

One question I’m always asked is, what you have done. Most notably, I’ve actually applied to the governor of New Jersey under the proper statutes, Title 38A: 1-2 Composition of Militia, to enroll me in the Constitutional Militia, and I’ve attempted to organize others to the cause of enforcing the law.

I’ve unsuccessfully reached out to a number of groups, those with an audience, and individuals who instead of examining the facts they show their lack of integrity through ridicule rather than directly answering my pleas for them to work to revitalize the clearly defined laws that the Founders codified. As a replacement for the wisdom and experience of our Founders, they waste valuable time repeating that the “British are coming”, or with inane attempts to educate people who don’t know the difference between an assault rifle, and its civilian counterpart.

However, let me tell you what I haven’t done.

I haven’t ignored the historically abundant statutes and clearly enumerated powers of the duties of Militia.

I haven’t misled the public by claiming that the codified power of the Militia is an act of violence.

I haven’t deceived the people into believing that doing the same thing over and over is anything but insanity.

I haven’t made claims of victory while the rights of millions are licensed, or regulated away in places such as CT, NY, CA, and on.

I haven’t claimed scenarios and strategies as solutions that do not match the power monopoly that we’ve abandoned to the state.

I haven’t claimed any victory when it is clear that we have not indicted, prosecuted, and incarcerated one violator of the oath of office.

I haven’t claimed a mass awakening when just a tiny few will acknowledge or embrace the proper procedures to “execute the Laws of the Union”.

I have not conspired with the state by failing to hold them to the law of the land that calls for the popular sovereignty of the People to be validated and enforced.

I have not demanded that others uphold their oath while I ignore mine as an able-bodied man with the power and duty to “execute the Laws of the Union”.

I have not conspired with the state by acknowledging that appointed bureaucrats of “men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid”.

And most assuredly, I do not subscribe to a strategy that my children and grandchildren are fodder for a war of information until we convince a super majority that we need “to alter or to abolish” a government destructive of our rights.

“It is the duty of the patriot to protect his country from its government”, wrote Thomas Paine. If that be the benchmark for those who claim to be of the same mind as the men and women who fought for and institutionalized a nation of popular sovereignty, we have few who are truly patriots, but many who “give aid and comfort to the enemy” be it willingly or otherwise.

Nicholas Testaccio

My Heart Skipped A Beat

December 22, 2014 | Constitution, Founders, Founding Documents, Sovereignty

On December 20th two New York City policemen were assassinated in Brooklyn. They were shot and killed by a man that may be a Muslim convert, may be a member of the Black Guerrilla Family prison gang, one of many who were placed on psychotropic drugs, or just a man with malice in his heart.

What we do know for sure is that two policemen Rafael Ramos and Wenjian Liu were killed in the line of duty. However, like so many other mysteries left unanswered, we the good People of this nation will be kept in the dark.

As with the Sandy Hook school shooting that took place in Newtown this latest incident may also find its way to the “national security” folder, and we will know nothing more than the fact that two men died, and left others to mourn.

As I rode home that day with a few friends, I heard the words coming from the back seat of the car that two New York City policemen had been shot dead. I felt as if my heart had stopped for a brief moment until I remembered that my youngest son, a New York City policeman was off duty. I relaxed briefly until I became cognizant of the fact that while I would not be the one notified of the tragedy, there would be other families hit with an unfathomable sorrow.

I imagined for a moment that the little boy I raised to manhood was gone. The child turned to adult that served his country and then joined the NYPD would not be there to see his son grow, my grandson would not witness the gleam in his father’s eyes, and I would no longer experience the whimsical of the son who made me laugh and kept me going when life was too rough to tolerate.

On this day, I can’t give the families of these two men any relief, but I can continue the fight to stop the corruption that plagues our nation, has turned it to a dying society, and has taken the lives of so many good men.

As I’ve recently stated in the article “Eric Garner”, “The blood flows first from the ballot box”. We are all of us responsible for the untimely death of officers Ramos and Liu. Why should I take the blame you ask?

In the year 1776 men and women of stout hearts and minds took up a cause that would reshape the world. Our Forefathers declared themselves to be “free and independent” people, and “absolved from all allegiance” to a tyrant. They went on to form the base and instruction for a new nation in our first legal document, “A Declaration”.

While our history is blemished with many wrongs, it is also the documentation of a struggle that continues to this day. There are several falsehoods written into the history books, but the clear and concise words of A Declaration, and the Constitution are not open for debate. If we are to give credence to the erroneous, and sometimes the outright lies regarding the rule of law and how this nation was molded into a unique society, then we will forever be at odds with liberty and justice.

If we subscribe to the idea that a few men and women can interpret the law as they, or their political bosses see fit to suit their agenda, then we are all too willing to sacrifice the freedom of our posterity in order to validate our shameful ignorance.

Let us first recognize the fact that we’ve put aside the inherent power of the People as stated in the Bill of Rights, “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.”

This takes a moment of explanation, not in the clearly stated wording of the amendment, but in the failure of the mind to place together all the thoughts, words, arguments, and goals written into the U.S. Constitution, the state constitutions, and A Declaration. None of these are separate or independent of each other. They must be read in the entire context of all law, and that, which was to be understood by the common man.

We cannot take it to mean that the state posses powers above the citizen that were not clearly enumerated. This would fly in the face of the stated fact that “Governments are instituted among Men, deriving their just powers from the consent of the governed”. It would void the power of the People to protect themselves, invalidate the authority of the instruments that define our power to nullify unjust and unwarranted laws that render the public toothless in their ability to maintain “a free state”.

Above all, those of us who survive and understand this crisis must put into perspective all that we see unfold before us. There sits in the White House a man so devoid of moral fortitude that he cannot abide any truth. He speaks with a serpents tongue, and confidently tells us that he is an open, and honest man.

We have legislatures, from the congress to the states that obviously conspire to erode the principles of this Republic. They teach our children that this is a democracy wherein the majority may lay waste the liberty of the minority, or that we can steal from our neighbor at the point of a gun, and call it lawful and just. Anything, and everything is at risk in such a society.

All this time “Gentlemen may cry, Peace, Peace — but there is no peace” as should be obvious even to those who see only through rose colored glasses. “The war is actually begun! The next gale *** will bring to our ears the clash of resounding arms!” The police will face the citizen, and what we fear most will be upon us. All along the elite we continue to elect will hide behind the vulnerable chests of the very people they detest as expendable pawns.

I am not so inclined to give up the fight that I stop making comment on the inane testaments of those who render powers to the bureaucracy, or lavish the servant with a multiple of accolades for infringing on my unalienable rights to “Life, Liberty, and the pursuit of Happiness”.

I cannot consent to any form of government that proclaims powers over me, or my community. If you choose to do so then “go home from us in peace. We seek neither your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen. Cast that lot upon yourself and those who subscribe to slavery. Leave the rest of us alone.”

As I write this there are nervous families sitting at home while their fathers, mothers, brothers, daughters, and children don their uniforms and go to the streets to perform a function that is out of character with the ideals of a nation founded in fundamental liberty. They do so for a number of reasons, but they do so with the false notion that the government can rule thereby condoning the idea that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves;”

They do so because they’ve been taught this is the way of the world. They do so, hopefully out of a sense of community, but make no mistake that police are a tool in a struggle for power. If you tell a man he has an authority he will use it, and in many cases it will be abused. It is the nature of things. It is who we are and why Patrick Henry fought desperately for a Bill of Rights, using every tool at his command.

When a policeman hands you a ticket, he is not aware that he has no authority to do so except that, which dishonest men and women in the legislatures, and those wearing black robes have illegitimately granted. It is not debatable, but it is certainly a plot so diabolical that even given the facts, the majority will deny it at the cost of their own, and their children’s freedom. It is a subject of being duped for so long, and so completely that it becomes a matter of pride to maintain the ignorance.

The police have taken the job that we have denied. We leave them with a burden that they could not possibly bear given the fact of their small numbers. As with all the dirty jobs it is but one or two who will rise to the occasion, but rest assured it will be the many who will protest and cry foul when the few execute the rule with which we have foolishly entangled society.

As with Eric Garner, Rafael Ramos and Wenjian Liu were murdered by our ambivalence, ignorance, greed, bigotry, hatred, and any other superlative that you wish to place upon the fact that it is we the People who’ve failed to “maintain a free state” as clearly enumerated in law.

Stop listening to the talking heads, the men in suits, the instigators, liars, and usurpers. We have an obligation and a duty to preserve freedom, and prosperity for those who come after us.

Our duty now to Ramos and Liu is to guarantee that we will look upon their families as our own community. That we will pass to their grieving families what our Forefathers passed to us; a free and vibrant society, unencumbered by power brokers, and their tools in the legislatures and courts.

Nicholas Testaccio

 

 

Eric Garner

December 5, 2014 | Civil Liberties, Constitution, Founders, Judicial, Jury

On December 3rd a Grand Jury handed down a verdict of “no bill” in the case of the murder of Eric Garner. The Grand Jury handed down the correct decision. What’s that you say?

I said the Grand Jury handed down the correct decision. I did not say that the Grand Jury handed down a proper or lawful decision. Their decision was correct in the role we’ve abdicated to a government seeking to diminish not only our rights, but also our authority.

The Fifth Amendment to the Constitution states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…”

The Grand Jury is charged with the investigation, and determination of whether or not an act of malfeasance had occurred. It is, among other things, a stop-gap to government tyranny so it is certainly not subject to the authority of a prosecutor. It is meant to be in direct conflict to the unconstitutional office of the prosecutor. I don’t care what attorney or pretend constitutional scholar states to the contrary. They are simply part of a system who seeks to perpetuate its own authority, and wealth.

Each and every servant of the republic must swear an oath to uphold the Constitution. The Constitution is as binding on the states as it is on the central government. That oath is a sacred pledge to the People that the “rule of law” will be followed as it was enacted by the good People of this nation.

Law does not change. Either the word is followed as it was originally meant, or as Thomas Jefferson warned, “Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction.”
Nowhere in the Constitution can you find an office of prosecutor established. The term prosecutor applies to the person bringing the complaint, and since this is a nation of sovereigns, not subject to the law, the office of prosecutor cannot exist. As a sovereign we can prosecute a war against another sovereign, and we certainly can claim the right of self-defense from the intrusions of another sovereign.

As a nation of sovereigns we can also prosecute through our most peaceful method in a jury trial. That petit jury is charged with not only determining the legitimacy of the claim, civil or criminal, but also the law, under which a case may arise.

Both the Grand and the Petit juries are independent of government intervention. They are not subject to the instructions of a judge, and the Petit Jury becomes the ultimate authority in the case, “…and no fact tried by a jury, shall otherwise be re-examined in any court of the United States”.

If we subscribe, at all, to the principles of the “Declaration” that established this nation as one, in which “all men are created equal”, we cannot logically conclude that one person, no matter what office he/she may have been assigned, can call upon the awesome power of the state to achieve what may very well be an abuse of power.

Years before my family came to this nation, and I dare say that one of the reasons they came was because we the People were willing to guarantee our rights, and freedom. As the court highlighted, “When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.” – Yick Wo v. Hopkins, 118 U.S. 356

“We start with first principles. The Constitution creates a Federal Government of enumerated powers. See U.S. Constitution, Art. 1, 8. As James Madison wrote, “[t]he powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”” – United States v. Lopez, 514 U.S. 549

In both cases the court was simply stating the obvious intent of what our Founders saw for this nation of sovereigns. “There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” – Federalist 78, Alexander Hamilton

What happened? We the People sat back and fell for every trap, ploy, act, sham, and false flag devised and perpetrated by those who seek the power to rule over us with an ‘iron fist’.

What I’ve stated above is the rule of law as it was pronounced by the Founders of this nation. The thoughts, aspirations, and hopes of the People who fought for and established a new nation created as a Constitutional Federal Republic, not a democracy, and here lies the basic problem.

We the People have taken as Gospel so many fallacies that we don’t know the difference between what is up, and what is down. I’ve elaborated on a number of things in the past. Restating the obvious would mean nothing to the majority who’ve been led down this path of democracy, and tyranny. There are few who understand what is taking place, and even fewer who will admit that they don’t know how to resolve the issue.

The biggest problem is the majority that believes to the point of self-destruction that the government has all these powers that it presents to the public. We have absolutely no concept of freedom, and what it takes to maintain a “free state”.

The New York grand jury handed down a decision based on what they’ve been told, rather than what the law entails. In that context they were right. It is our insistence on subjugating ourselves to our servant that leads to most of our problems.

There is the old comical take of the agent coming along and stating “I’m here from the government, and I’m here to help”. It doesn’t work. It never did, nor was it intended to work for the benefit of the People. We laugh and joke about the role of government, but when push comes to shove we adhere to a completely inaccurate concept of our nation following blindly our representatives.

The police are not here to protect you. That lie is perpetrated so that we can be disarmed.

The police have the authority to arrest. That lie is perpetrated so that our sovereignty can be eliminated.

The police have “qualified immunity”. That lie is perpetrated to enhance the brazen activity of the strong arm of government.

There is nothing that can be done peacefully if you allow the incremental encroachment of the state upon our rights, and duties. The state, those who’ve ensconced themselves in positions of power, will protect itself from you at the cost of throwing an occasional sacrificial lamb to the crowd, but make no mistake that the few who are cast out are on the lowest rung of the latter of tyranny.

Those at the top have protected themselves from our prosecution, and they’ve done so by indoctrinating us into a system that enhances their existence while diminishing ours.

The problem of police against the public lies in our most recent and common held beliefs that we are the subjects of a newly founded ‘crown’, and not the rule of law established by our Founders.

Eric Garner was not killed by a choke hold, or high blood pressure, but rather by our shameful, and disgraceful ignorance when it comes to understanding and upholding this once great experiment.

When the blame is finally laid, it should be on the shoulders of the people who vote for the Bloomberg’s, and Cuomo’s of the world. The blood flows first from the ballot box.

Nicholas Testaccio