Archive for the ‘Constitution’ Category
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
The fear that a nation cannot survive the traitor has been in the back of the mind of many for centuries. Someone, at some time made the point because the traitor looks like us, talks like us, and lives among us. They may be a friend or relative. They may be someone we elect to represent us, or uphold the law. They could be the perceived do-gooder who uses a political, or social position to build an organization based on some need. That need to correct whatever the issue might come with flowers, tears, and is presented with all the fanfare of a greater good. It has never, to my knowledge, achieved anything more than wealth for the promoters, and hardship for the intended beneficiaries. The far greater harm is to those of us who seek to maintain liberty.
Perhaps I am wrong about those organizations, or even government programs, but I do not see where I have missed the outcome. We need only look at “The War on Poverty”, “The War on Drugs” as two of our most malicious governmental programs. A war on something is nothing more than an attack on freedom. Most conspicuously, with open borders, cartels running amok, and over One Hundred Thousand deaths this year alone from fentanyl, we are either failing, or the traitor is succeeding.
We can look all around us and find agenda’s that are foisted upon the unsuspecting so-called beneficiary pleas for more assistance. I, myself, was fooled for years by supposed pro-2nd organizations fighting for my right to keep and bear arms. They took my money, and here it is over Forty years since I was first introduced to the NRA, and I am now looking at the possibility that this government will pass a total ban on all semi-automatic weapons. This even though the U.S. Constitution was designed to prevent such a blatant attack on the ability to deter and prosecute “public officials” much the same as we would common criminals. More importantly to the preservation of liberty, the protection of life, and the means, by which this nation cannot be turned from a Republic to a democracy.
Marcus Tullius Cicero, the famous Roman statesman is credited with saying “To be ignorant of what occurred before you were born is to remain always a child. For what is the worth of human life, unless it is woven into the life of our ancestors by the records of history?”
Our history has been under attack for some time now. While there are skeletons in just about everyone’s closet, the accomplishments of our Founders so far outweigh their faults that the linking of the two can in no way deter what was past to posterity. A form of government, so unique that it is lost in today’s political landscape. It is not only a tragedy that most Americans are ignorant of this nation’s laws, but also a crime of immense proportions.
The general public is so ignorant of our rule of Law that they are jeopardizing the future to a point of no return. By that I mean to say there is a reading comprehension level, and a planned destruction of our founding documents.
I am often completely puzzled by those who are prolific readers, those who abhor racism, and bigotry, yet they will make perplexing statements such as “a great democracy.” I know what a democracy is, and what our Constitution commands, Article IV, Section 4 – “The United States shall guarantee to every State in this Union a Republican Form of Government…”
Why the Framers placed that command in the Constitution could best be explained by the man who has been labeled the father of that document. James Madison stated "Democracies have been found incompatible with personal security or the rights of property; and in general been as short in their lives as they have been violent in their death."
I have spent considerable time studying our rule of Law. I label the Constitution as such because that is exactly what it is. It does not mention women. It does not mention any races, ethnicities, nor religions. It certainly does not mention men of any race, creed, or color. What it does contain are rules of delegated authorities, powers, and disabilities. It does “not mean to leave room for the play and action of purely personal and arbitrary power.” Not my words but that of Justice Stanley Mathews who delivered the opinion of the court in a case regarding “A municipal ordinance to regulate…”
I have chosen those few words from that case for a specific reason. This is a nation of laws, but the Laws, the foundation, and the principles of the Republic are being torn apart by the foolish, the evil, and the traitor.
Alex Jones is among other things, a purveyor of truth. While he has been demonized as a sensationalist and “conspiracy theorist,” he is none-the-less one who has brought forth facts that were dismissed, and then shown to be true. His record is long, and because he has a following who know his record he must be silenced.
For his record, Jones must be silenced so that others who might speak the truth and challenge the current descent into tyranny, will fear to voice their concerns. Much the same as the political prisoners of January 6th, a cruel and unusual punishment must be made the norm. It must be obvious to anyone who is willing to see and hear that speaking out against the agenda will not be tolerated.
In the latest show of force, the Alex Jones trials, in both Connecticut and Texas are a harbinger of what is to come unless we start regaining our sovereignty.
I am going to take a turn here, to which most will disagree. So be it if I’ve crossed the line. Throughout history, treason has come for numerous reasons. Some for gain, some for power, and some for vengeance. General Benedict Arnold turned on the Colonists because he was passed over though his actions in the field ...
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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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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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by Nicholas Testaccio
The charge of Treason has been bandied about for some time now in light of government infringing on the right to keep and bear arms. After years of listening to the charge cast, I have decided to examine the issue in order to ascertain whether I could make the case beyond a reasonable doubt.
Article III, § 3, Cl. 1 – “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
The Constitution is clear as to how such an indictment might come about. To start I must ask the following questions:
Is there someone, entity, agency, or organization engaged in “levying War” against the United States?
Does war include covert acts, propaganda, sabotage, and acts subverting our ability to wage a war and defense of the nation?
Is there someone, entity, agency, or organization who “in adhering to their Enemies, [is] giving them Aid and Comfort”?
Considering the unique form of government in the United States, do the definitions of “levying War”, “Aid and Comfort” expand the criteria by function and implication of our law?
Does disarming “the body of the people” rise to the level of treason?
In his commentaries, William Blackstone wrote, “Treason, proditio, in it's very name (which is borrowed from the French) imports a betraying, treachery, or breach of faith. It therefore happens only between allies, *** This is looked upon as proceeding from the same principle of treachery in private life, as would have urged him who harbours it to have conspired in public against his liege lord and sovereign: *** [W]hen disloyalty so rears it's crest, as to attack even majesty itself, it is called by way of eminent distinction high treason, alta proditio”.
Sir Michael Foster, Discourse on High Treason. “High Treason being an Offence committed against the Duty of Allegiance, it may be proper before I proceed to the several Species of that Offence which will be the Subject of this Discourse, to consider From whom, and To whom Allegiance is due.” Foster goes on to explain that “Natural Allegiance is founded in the Relation every Man standeth in to the Crown considered as the Head of that Society whereof He is born a Member”.
Foster wrote his Discourse in 1762, a time when monarchs ruled, and the not yet formed United States was nothing more than a hope and dream of a few who wished to throw off the bonds of allegiance to royalty. Someone who came to power in birth under the divine right of kings. Those who claimed the loyalty of the people simply by being born into the right family.
In 1776 a new nation was formed with the unique concept “That all men are created equal, That they are endowed by their Creator with certain unalienable rights, *** That to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.”. Within those words are the construct of a government of, by, and for the People. It was an idea so novel as to foster a revolution here and in nations so inspired by our Declaration. Sadly, in today’s world, the principle of the rule of law for this nation has died through years of judicial and legislative twists that “evinces a design to reduce [us] under absolute Despotism”. Be that as it may, this country remains, in the rule of law, 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
The United States Constitution requires an oath of allegiance that we have assigned to every officer, from dog catcher, to jurist, to representative, to the president. In so doing we bind those public officials, and ourselves to adhere to the powers and restrictions laid out in the Constitution. The contract and the rule are pointless if both parties avoid and deny the force of law as it was laid out in plain language.
That “the Supreme Power” be the doctrine of this nation, it is only logical that the people constructed the State, and therefore the central government subordinate to the State. In 1776 when the Colonies “dissolve[d] the political bands” with England, they created a unique nation in law by vesting authority in the People who would be the caretakers of their freedom, rights, and liberty. The first act of the Continental Congress was to lay out the doctrine of law, by which all law is to follow the fundamental principal that “Governments are instituted among Men, deriving their just powers from the consent of the governed”.
In simplest terms, this is a nation based on popular sovereignty. Everyone owes allegiance to the Constitution created by “We the People”. The sovereign, in international law, claims the right to prosecute, to defend, to wage war, and ultimately to control all that is within his/her sphere of influence. As a sovereign, I do not consent to any “statute *** extending beyond those matters which it was within the constitutional power of the legislature to reach.”. - McCullough v. Commonwealth Of Virginia, 172 U.S. 102
While our form of government is unique throughout the world, it is nonetheless a fact of law instituted and defined in our first two documents of Law: The Declaration, and the Constitution. They clearly establish that in our nation, “Sovereignty, is of course, not subject to the law, for it is the author and source of the law, but in our system, while sovereign powers are delegated to 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
To protect and defend the principle function of a nation so fashioned in the matter that “the Supreme Power resides in the body of the people” there must be a method for caretaking. Of course, it ...
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