Archive for the ‘History’ 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
On this day of national celebration, the day the greatest political experiment in the world began, I ask myself these questions.
Why is it that a Nation that fought from the very beginning to achieve that which no other had accomplished is mired in division and strife?
Why is it that a Nation “conceived in Liberty and dedicated to the proposition that all men are created equal,” faces turmoil from the convulsions of those who are blinded by false allegations?
Why is it that a Nation that struggled to live up to the ideals of its Founding documents must suffer the antagonistic accusations of the ignorant and foolish?
Why is it that a Nation of, by, and for the People is the one so singularly attacked as the monster that every other country in the World must admit is a part of, and still is a measure of their existence?
The United States is unique in every aspect of its journey from colonies, to states, to Super Power. Those colonies fought for Independence from a monarchy, a form distrusting of, and brutal to its people. Those colonies became independent states that embraced the sovereignty of its people. Till this day, it is unique in the fact that “We the People” are sovereign with the right and the duty to “alter or to abolish” its government when it abuses its mandate to insure the rights of the people. Not to create, nor grant, but rather to hold as sacred, rights given to us by our Creator.
For this moment in time, this Nation must fight each day against those who would tear apart its foundation to bring about systems that have repeatedly failed to achieve supposed benefits. Those systems preaching equality of outcome have instead brought heartache and hardship to millions of those who will suffer from the illusion. In a time when knowledge rests on the simple act of pushing a key, or a button, the ignorant and the foolish subscribe to their own demise.
There are none so foolish who will not see the truth or recognize the lie. In these United States we have a Free Press engaged in the most insidious behavior aimed at the dissemination of falsehoods and deception. Its only goal appears to be the enslavement of the people by the direction of subversives and tyrants in the dark halls of government.
There are none so foolish than those who refuse to learn from the lessons of history. “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.” Yet, there are many amongst us who would wrest the power of the Sword from the people, to place it solely in the grasp of that evil.
There are none so evil as to place their hand on a bible, and then violate that oath without a second’s delay. We trust and hope for men and women who will abide that oath, but instead we continually elect those who have no regret in their destruction of the freedoms that we once cherished.
There are none so blind as to ignore the manipulations, deceit, and conspiracies of an education system designed to destroy the fabric of our Nation. From the earliest ages our children are subjected to the whims, fancies, and sometimes perversions of those who believe they know better. Reaching into higher education those still fertile minds are subject to indoctrination by those given to twists and deceit aimed at villainizing the foundations of this once great enterprise.
We are engaged in a great struggle, for which we have relinquished our powers, our tools, and sadly our willingness to recognize the truth. We go from day to day reticent in learning from the lessons of history. We foolishly disavow our sovereignty for some measure of safety. An idea that can never be secure when we abdicate our powers to those whose goal is the enslavement of those they are supposed to serve.
This Fourth of July, I wonder what it is that I must celebrate. What any of us with eyes to see, and ears to ear must acknowledge is a concerted effort by dark and nefarious forces in the “deep state,” with the aid of their myrmidons in media, and education in a long and devious plan for our demise.
I can rejoice momentarily for family and friends, but I must focus on the fact that a Nation, once conceived in liberty is under attack at every level. From the halls of government to the streets filled with looters, murderers, scoundrels, and deviants, we are bombarded by the perversions of those whose goal is the destruction of these once free United States of America.
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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
On August 27th of 2020, the online site Revolver wrote the following; “In a surprising turn of events, the New York Times has done some actual, real investigative reporting and confirmed Revolver’s conclusion that the Kyle Rittenhouse shooting is an open-and-shut case of self-defense. Shockingly, the evidence turned up by the New York Times actually strengthens the case for self-defense.”
Despite the protests, the propaganda, deceit, and the outright lies, a jury of his peers agreed that Kyle Rittenhouse acted in self-defense. I am sure that there were many thoughts as to the ramifications of a not guilty verdict that played heavy on the minds of the jurors, but they delivered a verdict that should never have been in question. Instead, the propagandist in the media and government doubled-down on their lust for more blood and suffering. The congressman from New York, Jerald Nadler, has called for the DOJ to investigate the matter.
This is what our future will look like, a nation torn apart by those whose goal is to bring America to its knees. We have already seen the DOJ unleashed on parents concerned about the quality of education their children are receiving. In fact, Attorney General Merrick Garland has lied before congress on this matter, but the AG is part of the internal threat to American’s so he will not suffer any consequences. Hopefully, I am wrong with that assessment.
As I go about the business of learning what others think of such matters, I am constrained to conclude that because of the factors of ambivalence, ignorance of our law, and naivety we may fall to a civil war, or devolve into a tyrannical state. I have heard enough people, who perceive themselves as intelligent, make the outlandish statement that they do not believe in conspiracies. You need only read the words of our Founders and examine the Constitution to recognize that conspiracy is the norm, but not the aberration. The Constitution is clear, it is an instruction manual for limited delegated authority, with the power of the Sword placed firmly in the hands of the people. There are no hidden meanings as professed by self-proclaimed scholars, nor is it open to interpretations made by black robed administrators, and their lackeys, commonly known as lawyers.
As I have attempted to convey, on so many occasions, this is a nation of sovereigns. “We the People” set down the Law, and “We the People,” in order to preserve our sovereignty established that it is our Right and our Duty to protect and defend our freedom, and especially our lives above the protestations of the oligarch and ignorant alike. The rule is “innocent until proven guilty” and “It is better that ten guilty persons escape than that one innocent suffer..”
Bear in mind that in the Rittenhouse case, without any evidence that the young man was a racist or bigot he was labeled as such, and after the fact that he did not shoot anyone of African descent, the media is still playing the race card. More so disturbing is that there is still a large number of people who believe that young Rittenhouse killed Black men in his defense of himself, and therefore a murderer regardless of the facts.
Consider the fact that our government, I say “our” with a smirk because it no longer acts as our servant, has, for decades worked to disarm the public, and destroy the right of self-defense against this most pernicious enemy; the institution itself.
“We inquire, therefore, what, at the time the Constitution was framed and adopted, [was] recognized” as self-defense? The Constitution is not a difficult document to read, as are the unconstitutional, verbose, and often ambiguous acts of contemporary legislators. It came with a set of detailed instructions from the delegates and observers of the constitutional convention. The history of political and legal doctrine was no secret to the Framers, and they were religious in their reliance on the brilliant minds of politics and law that had gone before them, and fortunately, lived at that moment.
John Locke is referred to as the Father of Liberalism, a political and moral philosophy that underlines our form of government; “Consent of the governed.” His writings and principles helped guide our Founders to establish a government of, by, and for the people. It is no easy task to maintain that mindset when we have a legal system that has bastardized the law and usurped the authority of the people in order to centralize it to the ever growing threat that is government. Let us reflect on Locke’s explanation as it plays an important role with regard to the Kenosha affair and the push to disarm the American people.
John Locke described self-defense in this manner; "The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in his person or property.” Let’s pause here a moment. If you recall, during the Rittenhouse trial the prosecutor asserted that there is no right to protect property. In general, that is, of course, contrary to the instinct of man, and a violation of a natural right.
Locke goes on in his description to say, “it is lawful for him to repel force by force; and the breach of the peace, is chargeable upon him of the human mind; and (when external violence is offered to a man himself, or those to whom he bears a near connection) makes only who began the affray. For the law, in this case, respects the passions it lawful in him to do himself that immediate justice, to which he is prompted by nature, and which no prudential motives are strong enough to restrain. It considers that the future process of law is by no means an adequate remedy for injuries accompanied with force; since it is impossible to say, to what wanton lengths of rapine or cruelty outrages of ...
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