Archive for the ‘Constitution’ 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
“I have proved, sir, that not only some power is given in the constitution to restrain, and even to subject the press, but that it is a power totally unlimited; and may certainly annihilate the freedom of the press, and convert it from being the palladium of liberty to become an engine of imposition and tyranny. It is an easy step from restraining the press to making it place the worst actions of government in so favorable a light, that we may groan under tyranny and oppression without knowing from whence it comes.” - Cincinnatus, no. 2, TO James Wilson, November 8, 1787
Arthur Lee, using the pseudonym Cincinnatus, wrote what he feared might become of the press if it did not hold some guarantee of a right to be free from government intervention. He was, like many of our Founders, an astute observer of history and what the record held. Government, that is to say men and women jealous of power, are apt to strike at every measure of liberty and the institutions that are held as safeguards against the designs of the tyrant.
The Bill of Rights begins “Congress shall make no law respecting *** the freedom of speech, or of the press”. Despite his fear of a corruption made of the press without some protection, and contrary to Mr. Wilson’s assurance that congress lacked any power to influence or control the press, we are now subject to an institution void of conscience, and a willing conspirator to the worst of men. Those, sometimes faceless bureaucrats or worse still, those we elect to represent our interests in the halls of the legislatures.
Lee wanted, as did many others, a written assurance against the reaches of government to perform as so many others had in the past. Wilson noted that the law written as it was, gave no power to the state to make any encroachments on the press. Regardless of the lessons of history and the protection sought against the contrivances of power seekers, we have been witness to a press willing to collude with those in such positions that they may lend a hand in the subjugation of the people.
“Fake news” is a term to which we were introduced by former president Donald Trump in his run-up to the White House, and then again during his presidency. There would be a long list, far too long for this column, to enumerate. The corporate media made a display of lies and propaganda that would make German propagandist Joseph Goebbels proud. Obvious lies, distortion, and failure to correct mistakes and disinformation are legion. Today they continue along the path of either thinking they are legitimate, or they are an instrument for the destruction of this Republic.
The common man neither has the time, nor the resources to investigate and corroborate what comes from the corporate press. Instead, for the most part, the average citizen takes as fact the distortions that come out of institutions that were meant to be a check on government. I must wonder why it is that the continuation of lies spewed out from the corporate media, still a majority of the population takes for granted that what they read in the New York Times, or regurgitated from CNN to MSMBC is taken as trusted sources of information.
Repeatedly, false claims, such as Russian interference in the 2016 election, the corporate media played along with the lies that were common out of the mouths of people such as Adam Schiff, and Hilary Clinton. In the face of the Mueller report, the corporate media played along by failing to admit that they promoted propaganda in order to assist in the aversion to revealing the truth. A twist here, a coverup there, a lie designed to obfuscate, and the truth vanishes into the ether.
Accuse your opponent of the crimes you’ve committed, and the falsehoods become part of the mindset that distorts reality. The “free press” is quite adept at concealing the truth if they believe it will help their side.
What we should do is examine the facts around Georgia, and Michigan for some insight as to the corruption that is rampant throughout the corporate media.
Let’s start with the false narrative that Trump brought Sixty suits to the courts that were dismissed. Trump brought one election contest, and that case revolved around the Georgia election. All the other cases were ancillary and brought by others attempting to find the truth. Trump’s election contest was never heard.
Georgia law is, that if you file an election contest, a court must be assigned, and within five days set a hearing, and within ten days hold that hearing. Georgia violated its own law by not setting a hearing, and then negating a chance for a hearing to be held. It set the hearing date after January 6th, which made it moot at that point. The claim was therefore dismissed.
Trump filed an appeal stating that Fulton County would not abide by the rules for an election contest. The Georgia supreme court essentially avoided the issue by referring it to the court of appeals that never did anything about taking up the claims. A brief summary of the election contest asked what amounted to constitutional questions, such as were there only constitutionally qualified people who voted; were there only constitutionally qualified ballots that were correctly cast; and were the ballots canvassed in a constitutionally qualified manner? I should point out that the state legislature is the authority in creating the law surrounding the presidential election, and the questions posed in the Trump election contest were based on what Georgia law required.
Trump lawyers presented over Four-Hundred sworn affidavits in support of that election contest. It was backed up by details, data, and documents. For instance, there were some Ten-Thousand people who were dead before their ballots were sent in. To put a frightening point on this, Mark Meadows is now under indictment for requesting that Georgia show and publish the data that was sought in the complaint.
Simply remember ...
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This is an outline of a presentation I recently gave at a meeting of the Monroe County Patriots. I added color and context as I went along. It should give you enough information so that you can build your knowledge of the issue.
Some of the quotes for the original Militia statutes herein come from the writing of Dr. Edwin Vieira, Jr., A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School), contained in “The Sword and Sovereignty”. He has written other books, and numerous article on the subject, for which I attempted to give its proper context. He has been a trusted advisor, and teacher from whom I have been able to learn and study law over and above what is taught to the average lawyer.
I encourage others to seek out his work and learn of this most critical aspect of our law, in which the Constitution, and “the Laws of the Union” define, not only a right, but the means, by which the Founders codified our Sovereignty over the State. Today, it is indeed a Struggle vital to the survival of this nation.
Nicholas Testaccio
The Duty, the Right, and the Struggle
On April 19, 1775, 70 Militia men under the command of Captain John Parker mustered on the Green in Lexington to face 700 British Regulars.
Why did those men muster on the Green?
In 1215 king John signed the Magna Carta under pressure from the people of England.
At Article 61 we see the beginning of the Right to Redress, and the authority to enforce a right.
“If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us – or in our absence from the kingdom to the chief justice – to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days *** the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions…”
The whole community being the Militia that the Barons maintained in order to keep the peace, and repel invasion.
When the Pilgrims came to the New World, they were of course armed. Bearing arms in a new and uncharted territory was of course necessary to protect yourself, and provide for the needs of family and community.
However, once the colonies were formed and made viable, they were required to maintain a militia in order to keep the kings peace and protect his lands. Each village, township, and colony maintained a militia, primarily citizens, and when needed, to act as soldiers.
Each colony had its requirements that read something to the effect that every able-bodied man capable of bearing arms must be enrolled in the militia. He must possess a good musket, or rifle that he himself supplied, and it must be kept in good working order.
•[1619] “All persons whatsoever upon the Sabaoth daye shall frequent divine service * * * , and all suche as beare arms shall bring their pieces swordes, poulder and shotte.”
•[1624 and 1632] “That no man go or send abroad without a sufficient partie will armed” and “[t]hat men go not to worke in the ground without their arms (and a centinell upon them).”
•[1659 and 1662] “[T]hat a provident supplie be made of gunn powder and shott to our owne people, and this strictly to bee lookt to by the officers of the militia, (vizt.) That every man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shott at least which are to be provided by every man for his family[.]
•[1672] “[A]s against all tymes of danger it ought to be the care of all men to provide that their armes and habiliments for war, be alwayes kept fixed and fitt for service[.]
•[1703] Recognizing that “the most effectual means for the defence of th[e] Colony depends upon the well ordering and disciplining the Militia”, the Governor ordered the “Commanders in cheif of each County * * * to appoint a Gen Muster of all the Militia under their respective commands, and take especial care & give strict directions that all Persons serving in the Militia be well provided with arms & ammunition according to Law. And * * * to give directions to the Captains of each Troop & Company * * * duly to exercise their said Troops & Companys once every three weeks, and to take care that all Persons without Priveledge or exemption be listed & Personally Performe their duty at the said Musters.”
•[1727, 1732, 1734, 1738, 1740, 1744, 1748, and 1753] “[U]pon any invasion of an enemy by sea or land, or upon any insurrection, the governor * * * have full power and authority to levy, raise, arm, and muster, such a number of forces, out of the militia * * * as shall be thought needful for repelling the invasion, or suppressing the insurrection, or other danger[.]
Title 51 Pa.C.S.A. Military Affairs § 301 (a) Pennsylvania Militia
§ 507. Draft from militia for emergency.
The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to ...
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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
The Speaker of the House and the President reached an agreement on the Debt Ceiling. Hoorah! This is, of course, simply a show for the masses to watch and obsess over in order to be distracted and deterred from logic and reason while the elite salivate.
Let’s review. Article I, Section 8
Clause 1: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…”
Clause 2: “To borrow Money on the credit of the United States;”
Clause 5: “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;”
Now you know everything there is to know about why we have a “debt ceiling”, and how this affects the operation of our government. Or do you?
I am one of those unfortunate souls who is not satisfied with the rhetoric, or the mountains of political speech and questionable expertise spewed out by the pundits and talking heads paraded for our entertainment. We must never validate as legitimate anyone who comes out to certify the pure rubbish that is now a government of, by, and for the self-promoters and political pirates.
In his letters, using the nom de plume Federal Farmer, Richard Henry Lee wrote, “Should the general government think it politic, as some administrations (if not all) probably will, to look for a support in a system of influence, the government will take every occasion to multiply laws, and officers to execute them, considering these as so many necessary props for its own support.”
In the many years since the ratification of the Constitution, and Lee’s forecast of what is now a bloated government that will saddle future generations with a yoke so heavy that they will find it difficult to place nutrition on the table, “public officials” have devised numerous ways to put us into a deep hole. If anyone thinks that we can pay off this debt, they must be living within a delusional world.
Nevertheless, this government, aided by the corporate press, puts on this Punch and Judy show for the masses on a regular basis. The public must live in fear that we might default on our debt, and Heaven forbid some of the Billions of dollars doled out every year for programs, pork, and price-gouging enterprise contrary to the few delegated authorities of the government might be cut.
Lee goes on to address the situation, “The internal sources of taxation then must be called into operation, and internal tax laws and federal assessors and collectors spread over this immense country.” It goes without saying that we are far beyond that point, having taxed the public, unlawfully I might add, to pay for the corruption that flows from both federal and state government. Significantly, our Declaration decries this very abuse, “He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.”
I say taxed the public unlawfully because, yes I have read 26 U.S.C., Supreme Court cases related to the Sixteenth Amendment, and others showing that the current application of the “income tax” does not, in any way, reconcile with what is written in the code. For brevity’s sake, the Supreme Court ruled that the Sixteenth Amendment gave congress no new power to tax, but rather prevented taking a direct tax and placing it into the category of an excise tax. 26 U.S.C. confirms this by detailing what sources and activities create a liability to pay an “income tax.” It should be noted that the IRS claims that you cannot use what is clearly written in the code to “determine taxable income.” That alone should tell you where we will eventually wind up. Let’s drudge onward.
In Clause 2, congress has the power “To borrow money on the credit of the United States.” Up until 1971, when Nixon took us off the gold standard, money was in the form of a tangible asset such as gold or silver. Now, it is fiat. Fiat, in the case of the current monetary system, means nothing more than arbitrary. By decree! Make it so! Through some agreements, such as Bretton Woods, and using the U.S. Dollar as the acceptable currency in exchange for Crude Oil, we have been able to buy and sell goods and services throughout the World with nothing more than paper. The system now in place is essentially a sham, and we borrow nothing more than that, which we can simply print.
Alexander Hamilton, our first Treasurer, wrote “In the opinion of the Secretary, the wisdom of the House, in giving their explicit sanction to the proposition which has been stated, ["That an adequate provision for the support of the Public Credit, is a matter of high importance to the honor and prosperity of the United States."] cannot but be applauded by all, who will seriously consider, and trace through their obvious consequences, these plain and undeniable truths.” He goes on to note that there will be circumstances by which even wealthy nations may be forced to borrow money. By no means, today, is the U.S. forced to borrow money when it has already exhibited that it is more than willing to create Billions to bail out the “too big to fail”, or in its quest to convert this country to a communist nation by issuing checks to we peons to keep us satisfied in a time of crisis.
Clause 5: gave congress the authority “To coin Money, regulate the Value thereof…’, but that all changed with the creation of the Federal Reserve, and other schemes put into place. So, the question is, as to what we are borrowing, and what are they who are buying our debt are lending us? And what happens if nations decide that the U.S. Dollar should no longer be the reserve currency, opting for another system such as a currency based on a hard asset?
Much of what we are experiencing is a house of ...
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