Archive for the ‘Founders’ Category
I have been asked as to what is the nature of ‘common law’? It is not an easy question to answer, given that most are unfamiliar with law in general, and today, few understand our unique form of government “instituted among Men, deriving their just powers from the consent of the governed.” This statement from our Declaration deserves some explanation before going further.
Prior to the Revolution, conducted by our Insurrectionist Founders, men were subjects of monarch’s who ruled by the Divine Right of Kings. They governed their people by the fallacious concept that an individual was placed on a throne by birth right. God had determined that the individual should be the person who ruled. And that person was given allegiance by his people, but if they failed to do so, they were brought into line by the power of the “Sword.” There has always been plenty who would wield the “Sword” against his fellow man for one reason or another.
Those Fifty-Six Insurrectionist’s, who signed their own death warrant, and had “Petitioned for Redress in the most humble terms” saw the monarch as “A Prince whose character [was] thus marked by every act which may define a Tyrant, [was] unfit to be the ruler of a free people.” So, the fight for a government “of, by, and for the people” became a reality for those who sought to abide by law that “We the People” would compose, defend, and prosecute.
There is a history of common law, and it is best that I allow historic figures to explain. I will attempt to give some light to the subject using their words, and case law.
Common Law seems simple enough to me, but to the average person who has been inundated with reams of papers by those claiming some sort of expertise, promoting some foolishness, and judicial legislating, the prescription is anathema to common sense.
Blackstone gives a simple explanation by writing, “THE policy of our ancient constitution, as regulated and established by the great Alfred, was to bring justice home to every man’s door, by constituting as many courts of judicature as there are manors and townships in the kingdom; wherein injuries were redressed in an easy and expeditious manner, by the suffrage of neighbors and friends.”
Our system is that of common law. If you have been harmed in some way, you are entitled to relief. As Justice John Marshall explains in Marbury v Madison, 5 U.S. 137.
“If he has a right, and that right has been violated, do the laws of his country afford him a remedy? The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. *** Blackstone states two cases in which a remedy is afforded by mere operation of law.
'In all other cases,' he says, 'it is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit or action at law whenever that right is invaded.'
“And afterwards, [still quoting Blackstone] 'I am next to consider such injuries as are cognizable by the courts of common law. And herein I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the exclusive cognizance of either the ecclesiastical, military, or maritime tribunals, are, for that very reason, within the cognizance of the common law courts of justice; for it is a settled and invariable principle in the laws of England, that every right, when withheld, must have a remedy, and every injury its proper redress.'”
Over the years, there have been numerous hucksters, charlatans, and even those who are of goodwill, who paraded out schemes designed, somehow, to enforce the law, or that the law was some form of secret code designed for the elite to enslave us all. While we have been enslaved to a certain extent, the law does not allow for, and indeed it does provide an ultimate authority for the people to claim redress and enforce our sought remedy.
I sincerely hope that those who read this understand that this nation was formed in turmoil. A bloody revolution fought over years, wherein the end result was a Nation “constructed on the principle that the Supreme Power resides in the body of the people.” - Chisholm v Georgia 2 U.S. 419, 457
How do we attain, and even maintain such a lofty goal? Those who debated the Constitution were not ignorant of the fact that tyranny would always be a threat. The Bill of Rights arose out of that historical record. Patrick Henry, a student of human nature, understood the dangers of leaving questions, or even clearly defined words at risk to the will of the oppressor.
Henry insisted that a Bill of Rights be added over the objections of James Madison who thought it to be superfluous. This is important to demonstrate that both Henry and Madison were correct in their arguments. Madison noted that government is given certain powers to which they must comply, but Henry argued that there would be those, in the future, who would usurp the powers, and prohibitions clearly stated. Today, we argue and ignore the words of both men.
The Bill of Rights bolsters the principles of common law by citing numerous components of the means to enforce common law; freedom of religion, speech, the press, the right to peaceably assemble, and to redress the government. Security against unreasonable search and seizure. Warrants to be issued upon probable cause. A grand jury and a petit jury. Thomas Jefferson noted, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”
Blackstone wrote, “as all wrong may be considered as merely a privation of right, the one natural remedy for every species of wrong is the being put in possession of that right, whereof the party injured ...
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by Nicholas testaccio
The document that we now label as the Declaration of Independence, reminds us that “whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it.”
The US constitution, which is the Supreme law of the land, defines this country as a constitutional Federal Republic, wherein all public officials swear an oath to protect and defend “a Republican form of Government,” required by Article IV, Section 4.
For decades now this Republic has been under attack, with little to no relief. The intent of those who fought for and established this country was to create a nation with a unique form of government. Government of, by, and for the people has been the tune for which we were supposed to operate. To most those words mean nothing at all. Just Seven words that define the basic function of our rule of law, yet that simple statement is incomprehensible for the public at large.
Empires come and go over the centuries, but the Founders of this nation gave us the building blocks that would support a lasting enterprise. Paul Simon wrote,
“I have squandered my resistance for a pocket full of Mumbles
Such are promises.
All lies and jest.
Still a man hears what he wants to hear.
And disregards the rest.”
We have squandered all that was bequeathed to us for lies that we feed on from reprobates, scoundrels, and indeed criminals. This is a nation of laws based on “a Republican form of Government.” Over the years we have allowed our representatives to morph this into a democracy, in which mob rule is used to undermine the basic principles of our Law, and unfortunately our liberty.
We support and defend the likes of Bernie Sanders, an avowed communist, on the pretense that his politics are a matter of free speech. Sanders is a United States senator who took an oath to protect and defend the constitution. That oath meant nothing to him, nor to the people who keep voting him back into office.
The terms democracy, socialism, and a host of dribble bandied about by not only those we elect to protect and defend our rule of law, but also those in the media, both corporate and “free” are intended to eviscerate and end our nation. Those who are labeled to the left, progressives, or liberals are allowed to function in the halls of our legislatures when they've clearly committed crimes against the Law, and therefore the people.
Where are the patriots? Those who would muster on the Green to face down the forces of tyranny. Vince Lombardi, the great Packers coach, is credited with saying “The best defense is a good offense.” Again, words and advice that are lost in the rumble of confusion that has become the operational status of our country.
I spend my days rummaging through words of men and women who appeared to be completely devoid of any knowledge pertaining to the function of this Federal Republic. The current mindset among those who profess to be of the patriotic community appears to be that of “prepare for the worst and hope for the best.” Of the numerous YouTube, Rumble, and other enterprise popping up, the paradigm appears to be for bringing truth in news without any regard for the fact that most will do nothing to protect their rights, their families, or their communities. What good is it to know about potential dangers if the only move we are capable of is to prepare rather than deter?
On any given day from the corporate press, you will hear absolute nonsense. There appears to be no truth, nor apprehension towards spewing out blatant falsehoods. Notably, while the “free press” appears for the most part to be engaged in the journalistic enterprise of relaying the facts it stops there. Hours of relaying facts, and reams of papers detailing potentially catastrophic events, and sadly explaining often devious acts of government officials lend little to putting an end to what they all warn for that, for which we must prepare.
The former president, Trump, invoked Title 42, which gave him the authority to prevent an influx of migrants. On May 11th, the emergency status associated with Title 42 came to an end. With that has come the intended invasion of some 1,000,000 migrants. And this is just an extension of the invasion that has taken place since the Biden administration came to office. Estimates of more than 5,000,000 illegals, and numerous terrorists hidden within their ranks, have come to our country.
We were warned of the impending invasion, and prior to that, the “patriots” kept us up on the millions of illegals, and the influx of military age men and potential terrorists. Yet, all that was done to stop the assault on our Homeland was chatter about putting “patriots” into positions of “power” sometime down the road.
Before I go any further I wanted to point a finger. There is a period of time that is referred to as “the summer of love” in the year 2020. During those months the left took to the streets, pillaged, plundered, and even murdered with little pushback from even law enforcement. Where were the patriots?
The patriots, Charlie, Ben, Dan, and a host of others are spewing out what is nothing more than impotent rhetoric. While cities burned, and that includes parts of our capital, they were telling us that they opposed violence. I want to call them out on this particular issue. What they actually oppose is our ability to fight back and defend our lives and property. They are fine accepting the violence that many had to endure and are still experiencing because the left has made it a point of prosecuting anyone who dares to defend themselves.
I want to make a point of law in hopes that someone will spread the word and it will wind up on the desk of some congressman, senator, local representative, or perhaps a talk radio show will bring up this crucial point of law. This is a ...
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by Nicholas Testaccio
Words have specific meanings, and when placed together, those words form a thought, an idea, convey a story, or promote a proposition. In law, the combination of words in a clause cannot be construed to mean something other than what they meant at the time the law was enacted.
In the year 1776, a committee of the Continental Congress was formed to write a document explaining the need “for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth…” their rightful place.
Chosen to write the draft for what could have been the death sentence for its signatories, Thomas Jefferson composed what should be considered the foundation, by which all the people of this World ought to live. In it are the words, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.”
When “A Declaration” was written, slavery was an institution that existed in, not only the colonies, but also, around the World. Jefferson himself, was a slave owner as were other members of the Congress. Slavery was not unique to the America’s. It was an institution that existed for centuries. The Bible speaks of it, telling the story of the Hebrew nation as slaves to the empire of the Egyptians. Slavery existed as part of every culture, nation, and empire. However, in this timeless document that we now refer to as “The Declaration of Independence”, the Congress enacted the words “that all men are created equal.” What they did not agree to, and should be obvious to all, is that all men remain equal throughout their lives. Herein lies one of our problems. The misunderstanding of the words as they come together in a sentence, and in this case a legal document, that provides us with a specific line of thought.
From “A Declaration” to the U.S. Constitution, the people of this once great nation have made it their folly to misinterpret and to misunderstand the rule of law. This, as I've stated in the past, is a constitutional Federal Republic. Those we elect or appoint to perform a specific duty are bound by an oath of office. That office holds its allegiance to the law as it is written not as it has been twisted and bent in order that those seeking power may retain and enhance that power.
England was a monarchy, as it remains today, although the power of the monarchy is greatly reduced from the time of King George. Again, monarchies were the rule of the day when our revolution began. Kings and Queens were not elected, but rather, they were born to their positions. A “Divine Right” as it was known, because of the accepted belief that God placed the individual in the position of authority. It was the doctrine of the time.
However, those Fifty-Six men who signed their own death warrant when they put their name to the Declaration, thought differently. The words in the document do not reflect a contradiction of the world in which they knew, and we, today, seem incapable of understanding. While we can look back and second guess those men, I can assure you that there is a mindset today that would own slaves simply for the pleasure of imposing their authority.
Today, agenda, and propaganda are the norm, reality escapes most who live at a time so distant from the centuries past that it does not seem logical to disparage those who risked it all so that the words of “A Declaration” could come to life. This is the time that we must accept that what we have been taught is designed to oppress, rather than enlighten.
Jefferson wrote “that all men are created equal”, he did not write that all men remain equal, attain equality, or are able to live as all others do. Even to the casual observer, or those who have been fooled into thinking that they learned something worthwhile by attending a university of progressive professors, should comprehend that the words in the Declaration did not reflect some utopian state, wherein everyone goes about their merry way, with all the privileges, wealth, and prosperity of the neighbor across the street, or across the nation.
The propaganda spewed out by the intelligentsia is more in tune with a desire to show themselves as superior, rather than reflecting on the reality of the time, and even today. The nonsense of the “anointed” who cast their superiority, can be easily debunked when we examine the word “unalienable.”
At the time of the writing of “A Declaration” the word unalienable meant that it could not be regulated, taken, or relinquished. If we allow one or even a group of individuals to abdicate a right, we have opened the floodgates to tyrannical government determining that since one has abdicated the right another must follow in that the right is not absolute. Even with a firm explanation of the word, there are members of our legislatures that believe that our rights are not absolute, and that they can regulate them and often place such a burden on them as to rule them out of existence.
So, as we go through time from the creation of this nation to today, we must realize that there are aspects of our law that have been twisted and corrupted. Over the last several decades, with the intent of minimizing our Constitution, the idea of a living document has come into play. In a living document, how do we hold our government to the limited delegated authorities that we assigned?
This was intended to be a nation of popular sovereignty. As a sovereign, you and I claim all the authority of any sovereign state in the world. We claim the right of self-defense, immunity from the state, and therefore a right to be tried by a jury of our peers. The intent was the guarantee that the state could not place its heavy hand upon those ...
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by Nicholas Testaccio
I have learned that propaganda is a powerful tool. It is wielded by a select group of politicians, media organizations, and talking heads promoted as experts. No matter how many times judges make unlawful rulings, no matter how many times politicians lie, and no matter how many times the “corporate press” have been shown to be lying, the general public refuses to rebuke those at the forefront of the take-down of America.
Tina Peters was the County Clerk Recorder of Mesa County, Colorado. She was removed, unlawfully by a judge, when she stumbled across evidence of manipulation in a recent City Council election. Let me clarify. Tina Peters is an elected official who cannot be removed from office by any judge. Allow me to repeat. A sitting judge removed an elected official without any authority to do so.
Ms. Peters brought in a consultant to make a forensic copy of the Dominion Voting System in Mesa County. The programmers left evidence that there was election tampering in the code. Because she chose to investigate fraud in our elections, she is now being prosecuted for revealing the facts; https://selectioncode.com/.
We have now been treated to what is an obvious agenda to destroy the process used for the American people to “hire” a representative to enforce Our Laws. Once again, Maricopa County in Arizona, is a point of contention where both democratic and republican poll watchers and officials have come forward to point to discrepancies in the vote.
This is America today.
America today has been planned and fashioned in a manner constructed by social engineers, and subversive agitators for over One Hundred Years. Most people cannot fathom that an agenda is fostered and promoted with a long term plan. The ability to comprehend that evil-doers do not only act from day to day, but that in order to achieve their ultimate goal they must work on a broader scale from decade to decade so that the effects of their plans are dismissed as “conspiracy.”
I have noted that even when discussing firsthand knowledge of an event, the opposite side to the debate will ignore the evidence. There is just too much vested in being ignorant, and in trusting establishments promoted as truth givers. Years back, at an international conference, David Rockefeller thanked the New York Times for misleading the public as to what was taking place under their noses.
“We are grateful to the Washington Post, the New York Times, Time Magazine and other great publications whose directors have attended our meetings and respected their promises of discretion for almost 40 years......It would have been impossible for us to develop our plan for the world if we had been subjected to the lights of publicity during those years. But, the world is more sophisticated and prepared to march towards a world government. The supernational sovereignty of an intellectual elite and world bankers is surely preferable to the national auto-determination practiced in past centuries.”
However, as a veteran, I go on undaunted by events, the deniers, the liars, and the fools who choose to believe the tripe they are fed. I do so with this warning to all the nay-sayers who can’t look past their ignorant stance on accepting that, which has been disproven time and again. The elite despise you and me. They have no love for you or your children. They would sacrifice the ones you have nurtured so that the ultimate goal of a totalitarian state is achieved.
For decades, the ability of America to hold the agenda of people like Klaus Schwab, and his disciples in check was predicated on this Republics principle that it is “We the People” who are the sovereign. As such, the power “to execute the Laws of the Union” was placed firmly in the original Constitution, and supported by a Bill of Rights, of which the most critical aspect was a nation of able-bodied men who were to be organized, armed, and disciplined. As Washington put it, a people with the “teeth” to protect all their rights from tyranny.
There is a group of people that hate you and I for doing nothing more than existing in their world. To them we are “deplorable’s” who have no right to do anything other than to serve their perversions. Your children are nothing more than fodder for their war on freedom.
This administration, members of congress, the judiciary, and the “corporate press” are all proponents of open borders. Fentanyl is being allowed to flow into our country at an alarming rate. Children, who are doing nothing more than taking a dose of what appears to be an aspirin, or more insidious, a piece of candy are being murdered. The number of deaths from this invasion of illegals and drugs is staggering, and yet a good portion of the public believes that Joe Biden is doing an outstanding job. I’m not sure how they can look at themselves in the mirror, and deny that they are complicit in those murders.
The road to the destruction of America has, to my sight, been fairly obvious.
In 1913, the federal government composed the destruction of the monetary system by implementing the unconstitutional Federal Reserve Bank. The same year, without any confirmation of legitimacy, both the 16th and 17th amendments were proclaimed as being ratified by the Secretary of State. Despite thousands of certified documents showing that the amendments were only ratified by a few states, neither the courts nor the legislature would review the fraud.
Following those unlawful acts, the government began the confiscation of gold, and then regulated weapons necessary for the proper function of the Militia as commanded at Article I, § 8, Cl. 15. Despite constitutional requirements, congress, along with their allies began the slow erosion of the Right of the People to contain the unlawful acts of public officials.
Where has this brought us? What are we seeing today? Look at the leaders of this nation. Those who are lauded as progressive thinkers pushing America forward into some Utopian State. In reality, those who seek office, those ...
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by Nicholas Testaccio
There are times when I become maudlin over the affairs of the Nation and the World. At those points in my life, I feel the need to lash out with a rant. I see, what to me is an obvious lack of spirit, desire, the absolute soul crunching failure to protect that, which is most precious to the human spirit. I want to run through the streets yelling at the top of my lungs – DO YOU NOT UNDERSTAND THE CONSEQUENCES OF YOUR AMBIVALENCE AND IGNORANCE?
I am very fortunate in that my grandparents saw fit to take that journey from Italy to a country over Three-Thousand miles away. I did not know my paternal grandfather as he passed away when my father was still a boy. He came with a skill and used it to set-up his business as a barber. I wish that I could have spent time with him as I did with my maternal grandfather Vincent. Unfortunately, I was just Ten years old when Grandpa Vincent passed away. In the short period of time I had to spend with him I learned about tools. I learned about the soil as he had quite a large garden in the middle of Brooklyn, New York. There was an apricot tree some thirty feet high that produced hundreds of its sweet fruit. Three peach trees from which we would snack. Strawberry’s, blackberry’s, figs, and nuts that often made breakfast a delight when I’d spend the summer days with my grandparents.
Grandpa was a veteran of WWI. He came to America, walked from the ship to the local recruiting station, and joined the army. Several years later he would warn the young men in the family that “War is a terrible thing.”. As far as I know all the men in my family served in WWII if they were able. I had the privilege of hearing about some of the events that took place at Pearl Harbor on that dark day from one of those men. He laughed as he noted “We didn’t know what was going on.”.
History is replete with stories from the men and women who survived the turmoil and the vicissitudes of turbulent, dark, and dangerous times. For some of those who survived it was a scar that would not heal. For others, the realization that they made it through made them stronger. They could laugh at the past, taking note of the actions they took, and be thankful for another day.
In Henry V, William Shakespeare wrote what would become a battle cry throughout the ages as commanders often took the time to read Henry’s speech. Generals read the words to rouse the spirits of their own men, some of whom would lay down their lives. As I think ahead to what might befall this nation, in the midst of strife, I would like to call together those who see that our country is under siege. We are facing an enemy unlike that, which Henry and his tired, hungry troops faced.
On October 25, 1415, Henry’s depleted force of some Five Thousand Men, were blocked from their return to England by an army of Twenty Thousand French. At Agincourt, Henry used everything he had in front of him to his advantage. The English Men-At-Arms slaughtered about one-third of the French army, while Henry suffered the loss of but a few hundred. Against tremendous odds King Henry V was able to defeat the French in what is marked as one of the great military victories throughout history.
In Shakespeare’s soliloquy of what Henry V might have spoken to his men, he calls forth that spirit that stirs all to victory. The battle was in front of a tired group of soldiers, stressed by the campaign they had fought. This battle was for all that was left within them, and the pages of history that would place the appropriate label upon their victory or loss.
“That he which hath no stomach to this fight,Let him depart. His passport shall be made,And crowns for convoy put into his purse.We would not die in that man’s companyThat fears his fellowship to die with us.”
As you scroll through the pages of history, you may have a glimpse of what was, but more importantly, what may come. Patrick Henry tells us “I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past.”. Yet, we are allowing our history to be destroyed by factions that I am convinced are part of a plan influenced by communist agitators and their promotors.
Henry went on to shout “Gentlemen may cry, Peace, Peace-- but there is no peace. The war is actually begun!”. And now we come to the point of my rant, as I see a downfall aided by those who have no inkling of their complicity in our demise.
Let me repeat. “As a citizen, I know the government *** to be republican; and my short definition of such a government is one constructed on this principle -- that the supreme power resides in the body of the people.”.– Chisholm v Georgia 2 U.S. 419, 457. If this be the case of a nation “of, by, and for the people”, then a method of retaining that sovereignty over a servant government should be enumerated in our founding documents. And if that means be so stated, then it must be employed for the purposes of which it was made law.
A Declaration made on July 4th, 1776 explains the principles of this nation where that foundation created government “deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it”.
Fifteen years later The United States Constitution was ratified as the “Supreme Law of the Land”, defining the delegated authorities, and restrictions for the operation of such a country, wherein the People ...
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