Eric Garner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nicholas Testaccio