-Caveat Lector-

from:
http://www.sierratimes.com/cgi-bin/warroom/topic.cgi?forum=3&topic=79
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Occasionally, I come across an article that is so powerful it literally gives
me goosebumps. This is one such article. The article is a long one, but well
worth the reading time. All I can say is BRAVO!

--Henrietta

Patriots or Traitors -- That is the question

by Ed Lewis

December 26, 2001

During times of universal deceit, telling the truth becomes a revolutionary
act. --George Orwell

KeepAndBearArms.com -- It is commonly thought that this union of states is
one in which the truth is of utmost importance. Justice depends on truth, as
does proper governing. Once lies are entered into the equation, though, the
system breaks down into something other than the American way in which truth
and justice prevail. We are now rapidly sinking into an abyss in which
liberty will be forever lost – that is, if we do not act immediately with
extreme constitutional aggression against those who would subvert the
American Way.

It was hoped that my return from a week long deer hunt would find increased
numbers of American citizens extremely irate over the Bush Administration’s
raping of the US Constitution, that individuals and groups had united in
wiping out actions being taken against the American people and freedom. It
was even hoped that mainstream media would be presenting facts rather than
the fictions perpetrated by the Bush Administration. After all, every action
being taken by the current administration is unconstitutional, from the
military actions in foreign lands to the Patriot Act. Americans can’t remain
forever dumbed-down to this fact, regardless of the efforts by the current
administration and media lackeys of those who intend on destroying the
sovereignty of this nation and of the people themselves through fear
instilled by the government.

One posting has been found that boldly put forward in a manner befitting true
patriotism and the power of the people over the federal government. It did so
at great risk since the Patriot Act has nothing to do with patriotism but
deals instead with the creation of tyrannical control by the government. The
Tennessee League of the South has indirectly proclaimed itself a terrorist
group as now defined by the despicable Act passed recently by Congress and I,
for one, salute this organization.

First, in its 11/10/2001 message from its chairman, the Tennessee League of
the South stated its position clearly with the following:

“The Tennessee League of the South denounces the USA PATRIOT ACT of 2001 as
the worst insult to the US Constitution since the Alien and Sedition Acts of
1798. The Tennessee League of the South also charges President George W. Bush
with being a traitor worse than Benedict Arnold. Arnold attempted to turn a
fort over to the British, President Bush has turned the US Constitution on
its head by violating the 1st, 4th, 5th, and 6th Amendments. Congress has
joined in the treason by voting to enact the USA PATRIOT ACT. Together they
are attacking the 800 year-old heritage of American
liberty rooted in Magna Carta.”

Second, it further called upon the Governor of Tennessee and the Tennessee
legislature to denounce the Act and assert Tennessee’s constitutional
responsibility to protect Tennesseans by expelling from the state any US
official or agent who attempts to enforce any provision of the Act.

With these statements, the League is now classed as being engaged in
“domestic terrorism” since the Act defines “domestic terrorism” as
“activities that involve acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State” or which “appear to
be intended…to influence the policy of a government.”

Please note that the Act says the “…criminal laws of the United States or of
any State” as this is important in understanding the basis for the states
expelling any US official or agent who attempts to enforce any provision of
the Act. This clearly shows that the United States is separate from the
States, both geographically and in matters of jurisdiction. In other words,
just as has been stated thousands of times by thousands of people well versed
in the Constitution and law, there is federal jurisdiction, there is state
jurisdiction, and never shall the two intertwine.

Also, without getting too complex, the term “State” when used by the
government with the intent of misleading people refers to States of the
United States, which are Guam, Puerto Rico, the Virgin Islands, American
Samoa, and the Northern Mariana Islands or simply to the District of
Columbia. Without the Act to refer to, and the proper definition for State
being applied in this Act, misleading usage will prevail.

Federal jurisdiction is stated in Article I, Section 8, Clause 17. Since the
many states are not listed, nor any clause indicating federal control over
the states, the federal government hasn’t any authority to make any law
concerning the sovereign people. Thus, the responsibility of state
legislatures and state law enforcement is to repel any invasive laws made by
the federal government, including keeping any federal agents from enforcing
unconstitutional laws, whether by the federal government or by any of the
Republics (States of the united States of America).

Furthermore, the federal government is not given any policing powers under
any conditions by the Constitution. It is not given any authority to form any
agency or bureau with jurisdiction in the many states. Thus, any action doing
so or attempting to do so is in violation of the Constitution and is, in
reality, no different than any foreign power invading the many States.

Where is the proof of this? This will be shown below but for a moment, think
rationally. If a president can issue orders that are laws, how is that any
different than a monarch issuing orders or making laws? Where is the
authority to do so and where are the checks and balances of the system? Where
is the representation of the people, the only bona fide authority for law?
Keep in mind – the people do not elect the President.

Congress was given specific authority by the people. Its authority is to make
laws concerning the carrying out of the responsibilities delineated by
Article I, Section 8 and to meet the dictates of prohibited actions stated in
Article I, Section 9 (for states prohibited actions are in Article I, Section
10). A thorough read of the Constitution (not the interpretation by those
intent on subverting it) will show that no clause or section of any
constitutional article gives the authority for the federal (or any state
government) to suspend the Constitution, not even if Congress has properly
declared war against an invading nation.

The president has very limited authority. Before a citizen enters on the
Execution of this Office, he shall take the following Oath or Affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States.” (Article II,
Clause 8, US Constitution)

His duties and authority are given in Article II, Sections 2 and 3. It is
true that he is made Commander in Chief of the Army and Navy of the United
States, and the Militia of the several States (if called into the actual
direct service of the United States) but he is not given power to engage
these forces in war since the declaring of war is reserved for Congress. Once
war is declared, then he may direct the forces only with monitoring and
approval by Congress.

He does have the power to make Treaties but only if two thirds of the
Senators present concur. He may also “…appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Officers of
the United States, whose Appointments are not herein otherwise provided for,
but Congress may by Law vest the Appointments of such inferior Officers, as
they think proper, in the President alone, in the Courts of the Law, or in
the Heads of Departments.” This does not give him the power to CREATE
departments, agencies, or bureaus.

He shall take Care that the Laws be faithfully executed. His oath demands
that such laws are within the confines of the Constitution. He also shall
Commission all the Officers of the United States and have the power to grant
Reprieves and Pardons for Offences against the United States, except in cases
of Impeachment (note that this does not includes pardon or offences made by
one or more sovereigns against another citizen/s).

In other words, the President hardly has any power at all. The power he
absolutely lacks is the authority to declare war and to circumvent the
Constitution through Executive Orders (EO). In fact, at all times his duty is
to uphold and defend the Constitution; thus, any act outside his powers as
stated in the Constitution is an act of attempted treason or treason. Either
is probable cause for impeachment.

Article VI, Clause 3 of the Constitution for the united States of America
requires that every elected official, including state legislators, all
executive and judicial officer both of the United States and of the several
States (note once again the separation of the United States from the several
States) shall be bound by oath or affirmation to support the Constitution.
Then, Title 5, section 3331 states this:

An individual, except the President, elected or appointed to an office of
honor or profit in the civil service or uniformed services, [includes
representatives and senators] shall take the following oath:

''I, AB, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose of evasion; and
that I will well and faithfully discharge the duties of the office on which I
am about to enter. So help me God.''

Thus, all officials or persons acting in an official government position –
whether in a civil office, military, judicial, or law enforcement – are
required to take an oath or affirmation to uphold and defend the Constitution
for the United States against all enemies, whether foreign or domestic, and
to faithfully discharge the duties of the office, so help them God. Failure
to do so is treason.

It is important in putting together logical, irrefutable conclusions that one
avoids any potential of being labeled a “conspiracy theorist”. This is the
government catchall term for those attempting to tell the truth about
government transgressions against the American people. Avoiding being labeled
is particularly important in determining whether Congress, the President of
the United States, the military, and a plethora of other executives and
officers of various levels of government have committed treason. And, if so,
what can be done?

The first question to deal with is whether war has been declared and, if it
has, whether the rights of the American people can be circumvented?

Second, can Congress assume powers not given to it by the Constitution? In
other words, does Congress have authority above and beyond the Constitution
securing the rights of the citizens – the sovereign of these united States –
and essentially doing away with the Constitution? This includes giving a
president power beyond that given him in the constitution.

Third, what can be done if the government has far exceeded its authority? Is
there any hope for Liberty in the union of States or must we supposedly “free
men” succumb to dictates of a very small number of people?

The Influence of Education

The means by which the federal government has circumvented the Constitution
in the past should have taught every American a lesson. But, as with most
other people, I was unaware of the frauds due to my education. Actually, it
was not due to my education but due to the fact that I believed what was
written in textbooks and spouted by teachers of history was true. I actually
had faith that my rights were observed and protected by the government. I was
proud of this union of people and what I thought was the fact that we were
the harbinger of Liberty. My heart swelled with pride when reciting the
Allegiance to the Flag of the United States of America. I actually thought my
stint in the military was to defend freedom. How naïve.

Please do not misunderstand. I still have faith that the people in this
nation are the greatest people on Earth, that one day our ire will rise to
the surface and squelch all those who would destroy our humanity. This is not
to say we are superior but just that there are enough of us who understand
true liberty and the premises this country was founded on to face one of the
deadliest forces on Earth and willingly give our lives to take back what
should always have been – freedom of each and everyone of us. We will not
behave as nearly two billion Chinese do by letting its tyrannical government
control all human endeavors. We will not succumb as the German people did to
Hitler and the forces behind him.

It is easy to understand in retrospect how little educators know about the
Constitution, the Declaration of Independence, and the religious basis for
the establishment of this union of independent states and the people living
within them. It is also easy to understand how ignorant politicians are of
the same. It is also easy to understand politicians being led astray – power,
money, and limitless immoral activities are great enticers even for those who
do have a basic understanding but choose corruption over virtue.

However, when choices are made that are outside the limits of the
Constitution by officials, then it is the duty of every American citizen to
halt immediately the acts being done. It is the duty of every American
citizen to force compliance with the Constitution, which is to say to defend
the freedoms God, granted each of us. Every transgression, however seemingly
insignificant, is an act of treason that history shows us has led to
additional transgressions until the present state of monarch-like tyranny was
created.

However, due to the concentrated effort by all levels of government –
spearheaded by the federal government – public education has not given the
people of this country the tools they needed to remain vigilant. It has –
instead – gave misinformation leading to a false sense of security, that the
government is benevolent and only interested in preserving the sanctions of
the Constitution. Faith in a false government was the result. Faith in
elected officials operating as servants of the people was erroneously
preserved. And, why? It’s for no more reason than ignorance of the facts left
out by public education or unknown by educators.

Now, there is the monumental task of educating the people to the deceits of
government and to the facts concerning their rights as human beings. It is a
task that must be accomplished world wide just as government propagandas and
tyrannical intents spread world wide – propagandas used to create the false
need for a one world government headed by less than 300 devils incarnate.

Our education – and the current education of our youth – should have taught
us that each of us is endowed with rights by God, that government cannot
circumvent those rights, that government may make no law concerning those
rights, that the only crimes that can be committed by people must be an act
which infringes upon the rights of another.

It should have taught us that each of us is sovereign to every level of
government, that we – and only we – can actually interpret law; that the law
of this land is the law of God as reflected in the Declaration of
Independence and the Constitution for uniting us all in common effort. It is
the law of common law established eons ago and not subject to human
(government) intervention. It should have taught us it is our duty to rid
ourselves of representatives in government – meaning all elected/appointed
officials of any nature – who would deprive even one citizen of his rights.

It should have additionally taught us that no person has the authority to
order us around, that we are free to make any decision we wish but that if a
decision infringes upon the rights of another, then the person who was harmed
has the right to redress. All laws must follow this. In other words – no
victim – no crime.

Think for a moment. Where in the Constitution does it state any official,
whether president or elected local official, has the authority to circumvent
your rights by making a law infringing upon those rights?

Where in the Constitution is the authority given for government to determine
what is a right or what is not – to determine privileged acts of citizens of
this country?

Come on – get real, and try to understand. No elected official has any
authority to tell you what you can do, nor to force any individual into
behaviors not of the individual’s desire. This includes such unconstitutional
acts as making your travel a privilege, taxing your private property,
controlling your religion, controlling what you say and write, getting
together in groups (license to hold a rally), and forcing the theft of your
property through unconstitutional seizures (such as through lack of payment
of unconstitutional taxation), along with thousands of other unlawful laws
removing freedom of choice.

Education has failed miserably except in the eyes of the government. It was
government’s intent to dummy down the American people, to create faith in a
false government, and to train through propaganda the American people to the
tyrannical state now nearly completed.

Remember this if nothing else: Not even the President of the United States
has the authority to issue an order to any human being unless the human being
is in the direct employ of the Executive Branch of the US Government as a
civil or military servant to the people; and never does he have the authority
to order to deprive citizens of their rights. The authority to order we
sovereigns around is not in the Constitution. It makes no difference whether
it is in a time of a declared war or any other emergency. If he did have the
authority, the Constitution would state it. He is not a king – he is merely
an official who has the task of assuring that the rights of the individual
are not infringed upon. He simply hasn’t the authority to make a law, which
is what an order to an individual would have to be based on.

Now, it is certain some person is going to bring up Article I, Section 9,
Clause 2, that the privilege of the Writ of Habeas Corpus can be suspended in
cases of rebellion or invasion if public safety requires it. This, however,
does not mean that additional laws affecting the people can be made.

The Writ of Habeas Corpus is a common law measure, with the most frequently
used writ being the Habeas Corpus ad sujiciendum. It is an independent civil
action and a form of collateral attack to determine not the guilt or
innocence of the person held in custody, but whether the custody is unlawful
under the U.S. Constitution. However, there is great danger with this -
perhaps needless to state - a danger that will be discussed below.

Education, whether formal, through the media, peers, family, entertainment,
by attorneys, and so on, has not taught the American people the most
important ingredient to knowledge – the willingness to question and to learn
directly from the source, not what others say the source states. We are
taught a type of faith that causes us to believe a politician simply because
he is a politician – or to believe an attorney simply because he has been
trained as an attorney – or to believe media personalities simply because
they are media personalities.

In other words, we are taught to have blind faith that whatever a person in
apparent authority (meaning knowledgeable) says is actually factual. We are
taught to not investigate their statements but to merely accept them. An
example is that we all are required to pay income tax. Totally false since
the Constitution and the tax code both state otherwise.

We are also taught to respond to persons of authority (civil positions) as if
they have the authority to order us around. They don’t. They are nothing more
than public servants with their primary responsibility being to help protect
and preserve the rights of the individual sovereign. Instead, most actively
pursue just the opposite – to deny the individual sovereign his rights
whether intentionally or because of ignorance. License bureaus and
state/local treasuries are a great example of this, especially in regard to
false requirements placed on automobiles and tying such things as fraudulent
property taxes to the right to travel in any mode chosen by the sovereign.

It is this false faith and taught degree of authority that has led to the
hundreds of thousands of acceptances of congressional measures – and lesser
governments - that are more properly classes as acts of treason. In the next
section, one public law will be the focus in explaining the utter
unconstitutionality of laws made by Congress and the misinterpretations or
intentional wording which causes people to believe the bogus laws are valid
and within the authority of Congress.

War Powers Act of 1973

Due to the circumstances the US Government has now placed us in, it is the
duty of every American to find out the truth and base their actions on the
truth, not on the fallacies Congress, the President, and the Supreme Court
base decisions on. It is time to rid the American people of the ignorance
permeating our society and rotting away the very core of Liberty.

We must first understand that Congress is prohibited from making any law
concerning the sovereign. The people are the sovereign and, as the sovereign,
are above the Congress. Congress may make any law it wishes concerning the
jurisdictional areas of the US Government, areas that do NOT include the many
States. I would say the 50 states but, at this point, it is quite probable
that Hawaii was a military take-over, not the proper constitutional creation
of the Kingdom of Hawaii as a state of the united States of America.
According to at least one Hawaiian statehood expert, this is the case. Once
again, remember federal jurisdiction versus state jurisdiction.

We are being subjected to the nearly free will of the current resident of the
White House. We are also being subjected to the will of a Congress that does
not have the internal fortitude to question what is going on, nor to question
the constitutionality of the act known as the Patriot Act. In fact, the
current Congress is so ignorant and treasonous that it passed a bill of this
magnitude without even reading it. These people never even questioned who
wrote the bill and its rapid preparation. Logically, it was already prepared
because spokespersons of the federal government started immediately following
the WTC crashes to speak out about Americans giving up their rights.

The actions that have been taken so far by the administration and Congress,
including the bombing and invasion of Afghanistan, were done outside the
authority of the President and of Congress. And, without any proper and
effectual knowledge of the intent of such a measure, the American people have
accepted the Patriot Act. This in spite of the fact that it is a direct
attack against Liberty by the current administration and the Congress of the
United States, organizations fast becoming the most treasonous and most
terroristic entities the world has ever known.

Rather than fighting terrorism – which was never the goal of the current or
any other administration in the past 150 years – Congress fights to install
laws meant to remove all vestiges of the Constitution. And we take it. One
public law, Number 93-148, by the 93rd Congress, the WAR POWERS ACT,
epitomizes how it is done but not the why as to our allowance. Ignorance
through dummying down (and fear) answers the “why” we accepted this and all
other unconstitutional actions by the three branches of government.

We have been taught through government controlled schools, the courts, law
enforcement, and politicians put in office time after time – even though
acting as felons and traitors – that the Supreme Court, the Congress, and
offices created through the two speak only what is factual. We currently
believe that in times of emergencies, such as wars, the President has special
powers that authorize invoking unconstitutional laws against the people of
this country; that liberty must be surrendered in order to combat the evil
attempting to invade and take over our country. Is this true?

One must remember – or take it on faith – that a law must state exactly what
it is intended to mean. The analysis by the Supreme Court is that a law must
say what it means and mean what it says. Furthermore, the meanings of words
must be the everyday, common usage meaning. Additionally, no law may be
expanded beyond the meaning of the words used. (See Gould v Gould, 245 US
151) Thus, the basic rules are that if two or more citizens read the law and
derive different meanings, the law is void for vagueness.

Above all – and never to be forgotten or ignored – no law by any level of
government may be made that is repugnant to the Constitution for the united
States of America. In other words – and to reiterate for those in government
who apparently haven’t any command of the English language – if a law
infringes upon a right of any one sovereign, it is unconstitutional and no
law at all according to American Jurisprudence.

“Since an unconstitutional law is void, the general principles follow that it
imposes no duties, confers no rights, creates no office, bestows no power or
authority on anyone, affords no protection and justifies no acts performed
under it; No one is bound to obey an unconstitutional law and no courts are
bound to enforce it.” (16 Am Jur 2nd 177).

Therefore, a proposed law containing even one unconstitutional provision
should never be considered by Congress or State legislators or the governing
body of political subdivisions as a law but should have be trashed
immediately for its unconstitutionality. No word games should be permitted
which lend to its passage. Furthermore, word games should not be used by any
court or other entity – including the media – in defense of any fraudulent
“law” already passed that is more or less taken as “public policy”.

The Constitution – being the supreme Law of the Land – must also be taken
exactly as to the meanings of the words used by our forefathers. The words
are not open to interpretation by any persons in government, whether they are
Supreme Court justices or some congressional lackey; whether it is a governor
of a State or a peace officer; whether it is the mayor of a city or a city
worker. Furthermore, if there is a question concerning meaning or
applicability, the issue is to be resolved in favor of the citizen, not the
government.

Since we have many actions going on because of the so-called “war against
terrorism”, it is most appropriate that the alleged “war powers” be
investigated through actual documents, including the Constitution (includes
the amendments to it) and the basis for congressional and presidential –
which is to say federal government – actions that have been and/or will be
taken.

The author searched for “war powers act” to begin his investigation into this
matter. What the search revealed was the “War Powers Act of November 7,
1973,” known also as Public Law 93-148, by the 93rd Congress, H.J.Res.542. If
you care to read the act for yourself, here is a link for it:
http://www.temple.edu/histdept/wpa.html.

The basis for the stated authority to issue such a law in found in Section
2(b) under Purpose and Policy, which states:

“(b) Under article I, section 8, of the Constitution, it is specifically
provided that the Congress shall have the power to make all laws necessary
and proper for carrying into execution, not only its own powers but also all
other powers vested by the Constitution in the Government of the United
States, or in any department or officer thereof.”

Sounds valid, doesn’t it? The Constitution in Article I, Section 8, Clause 18
does indeed state that Congress does have the authority to make all laws
necessary for carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the Government of the United States, or
in any Department or Officer thereof.

By foregoing, of course, is meant clauses 1 – 17 of Article I. The only other
powers vested in the Government of the United States (departments and
officers all fall within this category) not enumerated in Article I are
concerned with proper procedures for controlling the President, election of
the President in case of an electoral tie or lack of a majority for any one
person, to propose amendments to the Constitution when the need arises, to
make all rules to dispose of and make all needful rules and regulations
respecting any territory or property belonging to the United States, and to
declare the Punishment of Treason.

Additionally, the Senate is to try all cases of impeachment with the House of
Representatives being responsible for all spending by the federal government.

The powers of the President are given above. If one cares to check, one will
find out that the Constitution does not state that a President has the power
of vetoing a law. If he doesn’t sign, it makes little difference since the
bill simply goes back through Congress and, if two-thirds of the Senate and
House again approve the bill, it becomes law. Or, if the President does not
return the bill to the originating House, then it again becomes law with
two-thirds of the Senate and House once again approving it.

Simply put, the constitutional President has absolutely no authority to make,
control, or modify any law deemed by Congress to be needed in meeting its
constitutional obligations to the American people. It is beyond the
Constitution for him to do so and beyond the Constitution for Congress to
allow him to do so. He may not sign and may make recommendations but that is
all. To do otherwise is to establish a president as a dictator.

In the matter of the “alleged” war powers, section 2(c) of the acts states
this:

“(c) The constitutional powers of the President as Commander-in-Chief to
introduce United States Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is clearly indicated by the
circumstances, are exercised only pursuant to (1) a declaration of war, (2)
specific statutory authorization, or (3) a national emergency created by
attack upon the United States, its territories or possessions, or its armed
forces.”

Now, we can get to the nitty-gritty. The powers of Congress that might allow
a law such as the war powers acts must be stated in Article I, Section 8
since all other powers granted to government by the Constitution are
concerned with other than hostilities. What exactly does the Constitution
state concerning responses to hostilities?

We can discount Number (2) immediately. There is no statutory authorization
other than the Constitution itself that may affect the sovereign. The
jurisdiction of the federal government is only over the District of Columbia
(the accepted seat of government), and all places purchased by the consent of
the legislature of the state, specifically for the establishment and
operation of forts, magazines, arsenals, dockyards, and other needful
buildings.

In regards to (c-3), the United States referred to must be only the District
of Columbia. The reason is that the US Government’s jurisdiction applies only
to the District of Columbia (Article I, Section 8, Clause 17).

[Note: Look up the definition of United States and States in the many Codes
issued by the government. The normal definition for United States in the
geographic sense is the States and District of Columbia. Then, one will find
the definition of State to: “…includes the District of Columbia. Quit adding
in what you think you know and expanding the definition – the word “includes”
in law is inclusive, not expansive. Thus, usually State is defined only as
the District of Columbia. You see, Congress knows (at least it did when the
fraudulent federal tax was imposed on citizens of the united States) it may
make no law concerning the sovereign many States so federal codes are written
with the intent to deceive citizens. Start with the fraudulent federal income
tax scheme with the definition for United States in Section 7701(a)(9) and
the definition for State in Section 7701(a)(10)]

Declaring an emergency within any sovereign State must be done only by the
States, themselves. It is not within the authority of Congress to do so. If
it were, it would be enumerated in the Constitution. Remember that we are
talking about US military forces being used with the purpose of the military
being to defend “us” (that’s you and me) against enemies, both domestic and
foreign.

Congress may not add to nor modify the Constitution without following proper
procedures for doing so, which means it must follow the law for amending the
Constitution as delineated in Article V of the Constitution. This has not
been done in regards to the authority of Congress as stated in Section 8 of
Article I. It, therefore, has no additional powers – nor has the executive
branch – beyond those enumerated in the Constitution.

With the clauses standing as written, the only power Congress has in regard
to the use of the US military is given in Clause 2 of Section 8 of Article I.
Thus, the authority Congress has is to declare war, grant Letters of Marque
and Reprisal, and to make rules concerning captures on land and water. The
president has none of these powers, nor may Congress grant him any of these
powers.

What this means is Congress may declare war against nations intent on
invading the many States. Its only function in this case is to defend the
many Republics making up this union against invaders. It may not do any less,
such as declaring war against an individual(s). That is a matter that might
fall under Letter of Marque and Reprisal.

A Letter of Marque is a document issued by Congress (the president has no
authority to do so) allowing a private citizen to seize citizens or goods of
another nation or a document issued by a nation allowing a private citizen to
equip a ship with arms in order to attack enemy ships. In the case of current
hostilities conducted by the US military, this does not apply.

A Letter of Reprisal is retaliation for an injury with the intent of
inflicting at least as much injury in return, forcible seizure of an enemy’s
goods or subjects in retaliation for injuries inflicted, and the practice of
using political or military force without actually resorting to war.
(Definitions are by the American Heritage Dictionary of the English Language,
4th Edition, 2000)

Thus, Congress may formally declare war, issue a Letter of Marque, or issue a
Letter of Reprisal. Then, it may make rules for declaring war and for
captures made upon land or sea. But, can it deploy US forces to foreign lands
without any of these? Can it invade (or occupy) another land without a
declaration of war? Can a president simply start using the US military to
force another country to succumb to US Government wishes without a Letter of
Reprisal against another country? The answer to all these questions is “NO”.

It is therefore clear that Public Law 93-148, the War Powers Act, is made
null and void for its unconstitutionality as it is beyond the powers given to
Congress. This also means that the actions that have been taken against
Afghanistan are in violation of the supreme Law of the Land, the Constitution
for the united States of America. War must have been declared or, at the very
minimum, a Letter of Reprisal issued against the persons or nation
responsible for the attack on the WTC.

Afghanistan was not accused of the acts against the people of this nation –
nor was war declared against it – nor was a Letter of Reprisal issued against
it. Afghanistan is also a sovereign nation, whether those in the US
Government like its governing body or not. Therefore, the US Government is
acting in violation of the Constitution, the very document and principles it
is supposed to uphold and protect at all costs.

How does the unconstitutionality of the War Powers Act and the Constitution
relate to the Gestapo government that has been created through the so-called
“Office of Homeland Security”, the USA Patriot Act, and now the threat of the
US military being used to patrol the several states? Are such creations and
actions within the powers of Congress and the Executive Branch of government?
This is the topic of the next section.

Homeland Security, USA Patriot Act, and impending use of the U.S. Military
within the several states

The actual intent of the Constitution is often forgotten or never known. Most
people assume their rights are constitutional rights. This is not true. The
rights of Man are the rights of Man whether there is a written document to
that effect or not. The rights of Man pre-exist the establishment of any
government or any document written by Man. Put simply, the rights of Man are
God-given from the first human-being created and will continue to exist
regardless of any government’s subversive attacks against them.

The Constitution was – and is – unique to the world in that it secures the
rights of Man NOT by enumerating rights but by limiting the authority of
government. It thusly provides safeguards against a government that would
infringe upon unalienable rights. When one studies the document closely, one
will find that it specifies exactly what government may or may not do and, in
this manner, establishes control by the people over the government.

It, or any of its amendments, never states “this” is a right of Man. It
instead is worded that self-evident rights will not be infringed upon, not by
any individual or by any government. For example, the 1st Amendment states:
“Congress shall make no law…” The 2nd Amendment states: “…shall not be
infringed”; and the 3rd states that “No soldier shall…” In fact, the 9th
Amendment to the Constitution assures that rights need not be listed –

“The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.”

In regard to the Office of Homeland Security, it must first be noted that
Congress hasn’t any jurisdiction over the many States. It may create such an
office to protect the District of Columbia since it does have jurisdiction
over the District. But applying its functions to the many states is
prohibited by the Constitution. States retain their Republic form of
government and sovereignty, as do the people who are citizens of the many
States.

The USA Patriot Act is in no way related to patriotism. In fact, it is quite
the contrary. First, the Constitution does not allow for such measures
whether war has been declared or not. One cannot fight to preserve freedom
while removing freedoms since the two are mutually exclusive. The most the
federal government can constitutionally do is establish such measures only in
the areas within its jurisdiction.

Second, in regard to emergency measures, all acts and amendments to the acts
passed by Congress that do not comply 100% with the Constitution cannot be
arbitrarily applied to the several states and should be ignored by the many
States. Within the many States, the Militia – which is the whole of the
people – may be called forth (Article I, Section 8, Clause 15). The purposes
are to execute the laws of the union (meaning to uphold the Constitution) and
suppress insurrections (local matter for the militia, not federal) and repel
invasions, whether domestic or foreign.

Then, Clause 16 states that the Congress may provide for organizing, arming,
and disciplining, the Militia, and for governing only such part of them as
may be employed in the service of the United States. It further reserves “to
the States respectively, the Appointment of Officers, and the Authority of
training the Militia according to the discipline prescribed by Congress.”

Thus, the federal government has no power to use the US Military as a means
of policing the states and forcing American-by-birthright citizens to comply
with unconstitutional acts. If it does so it is akin to an act of war or – at
the minimum – an act of terrorism within the many States by the federal
government. Waco is an example. Neither the military nor the FBI should have
been pursuing the Davidians. The FBI, DEA, or Customs could have been
involved if the Davidians had imported arms, drugs, or some other product
without paying the necessary excise tax placed on the goods. But, the
Davidians did not have any goods that excise taxes had not been paid. Therefo
re, the federal government committed either an act of war or an act of
terrorism against American citizens on American soil.

Additionally, any military personnel, law enforcement, or other enforcers of
unconstitutional laws – whether federal, state, or local – who act to remove
rights from the people are committing treason against the American people.
They are traitors to the oath taken to uphold and defend the Constitution.
And a citizen – even if military – may NOT be ordered to surrender his
rights, to ignore his constitutional obligations to the people, or to follow
orders that are contrary to the laws of God (which are the laws this country
was founded on, no matter what corrupted courts and military leaders have
stated).

The dangers to Liberty that now exist because of presidential and
congressional abuses of office, including but not limited to malfeasance and
nonfeasance, will be discussed in the conclusion.

God-Given – Not Government Created or Granted

It is apparent that the American people are for the most part completely
ignorant of the design of this country as a unified group of Republics.
Furthermore, it is equally clear that the majority – perhaps as high as 75% –
haven’t any concept whatsoever of the importance of the individual and the
true meaning of freedom.

Using this information, along with the general tendency of the American
people to respond to authority blindly and the great fear of “doing something
wrong” and being punished by the federal government has essentially turned
this nation into a dictatorship now headed by the Bush Cartel. There is no
other conclusion that can be reached when one itemizes major transgressions
and constitutional violations.

The first major violation is, of course, that the president of the government
of this Republic established by the Constitution does not have any –- that is
nadda - zip - zilch –- law-making authority. He may not make law in peace or
during times of war. He is not a lawmaker. And, yet, presidents, including
the current resident of the White House, have issued hundreds of Executive
Orders (EOs). EOs should be completely ignored by the people of the nation
because of their unconstitutionality. To do otherwise is unpatriotic.

Furthermore, all States should notify the federal government that the EOs
will not be honored and that federal enforcers will not be allowed in the
States (except to aid in collecting due – that is – due excise tax on
imported goods). Remember that States are sovereign to the federal government
and that the feds haven’t any jurisdiction over the states, only over
imports.

The second major violation is that Congress has no power whatsoever to pass
any law outside its jurisdiction established by the Constitution. It may only
pass laws as dictated in the Constitution. This does not include any law made
to affect any citizen of the 50 states. The thousands of laws made by
Congress that rely on law enforcement and corrupt judges to enforce through
coercive measures should be rejected by every state.

Any official complying with the laws should be rejected and put immediately
out of office for criminal intent to defraud and commit extortion,
racketeering, conspiracy, usually mail fraud, misrepresentation,
malfeasance/nonfeasance of office, misprision of felony, along with
violations of nearly every federal title listed which has resulted in the
property of citizens being taken through fraudulent means. An example is the
fraudulent application of Title 49 to privately owned, privately used
automobiles supported by officials in the many states due to the revenue
unlawfully generated.

And, now, of course, there is the damnable "USA Patriot" Act. The States and
the people who are citizens of them must stand up and refuse to allow the
provisions in this act to affect the many States. The feds must not be
allowed to apply this awful piece of fraudulent legislation to the people. It
is more terroristic as defined by the act itself than bin Laden ever thought
about being.

The third major violation is that judges on every level are bound to the rule
of the law. This means they are bound by the Constitution and their oaths of
office to uphold the Constitution. However, judges on every level violate
their oaths in nearly every case brought before them. Every decision ever
uttered by any judge – or, coerced from any jury not being properly advised
as to jury nullification or, led to believe they must decide as the judge
says or, that the prosecutor is right – should be vacated. The judge or any
other court official should be immediately removed from office and replaced
with a person (preferably not an attorney) who has a thorough understanding
of the Constitution and common law proceedings and knows every jury should be
told of jury nullification and the true meaning of justice.

The fourth major violation is that law enforcement is enforcing laws created
by man that are unconstitutional and not applicable to the sovereign. They
completely ignore the Constitution and seem to get great perverse pleasure
out of denying people their constitutional rights. Many are not even
reprimanded for shooting innocent people. They seem to have the belief they
have control over people rather than being the peace officers they are
supposed to be.

Fifth, the federal government cannot own property except as provided for in
Article I, Section 8, Clause 17. It has jurisdiction over the District of
Columbia (not to exceed ten square miles) and has authority over all places
purchased by the consent of the legislature of the state in which the
erection of forts, maintaining arsenals, dockyards, and other buildings are
needed. That is it. It may not take property under imminent domain and place
any lien or levy against any American citizen’s property or any public
property owned in common by all citizens. Since no citizen of the 50 states
is liable for any tax except that paid on imports, then a lien is impossible
– constitutionally speaking, that is.

The sixth major violation the people have allowed is the false belief that
government officials are not subject to the law of the land, that they have
immunity from being prosecuted for unlawful activities. They are not immune
by the Constitution except that members of Congress on the way to session or
while in session may not be arrested. These people are not above the law – in
fact, they should epitomize the observance of all laws with any violation to
the contrary subjecting them to immediate vacating of their office. That is,
after all, the essence of the oath of office all must take. Violating the
oath is treasonous to the people who have placed their trust in them.

The seventh major violation is that the people have allowed governments, from
the federal to city levels, to create a group of people with titles of
nobility and honor, namely Bar attorneys. Lawyers have been put as being
above citizens – elite – and this is unconstitutional. Bar attorneys permeate
our lives through the creation and support of unconstitutional legislation
that lends quite well to the creation of wealth within this group. By doing
so, the federal (and State) governments have given control over people’s
rights to this group of tyrants. Rights have been converted to privileges
with citizens paying for freedoms they inherently have. The scam results in
billions of dollars unlawfully taken from Americans every year.

This is not new to this country. Long before lawyers made it law that only
Bar attorneys could act as paid counsel for people in court, Americans
recognized the parasitic nature of lawyers on the people. This is made
apparent by the Shay’s Rebellion, the Second American Revolution.

The Rebellion, named for its leader, Daniel Shays, began on August 29, 1786.
The below is taken from “Shay’s Rebellion and the Battle for the American
Jubilee” by Michael Hoffman (1996).
(http://www.loompanics.com/Articles/Shays.htm)

“As their petitions increasingly fell on deaf ears, the citizens of the new
Republic began to examine what force it was that chiefly obstructed them.
Like the great anti-Masonic movement that would appear forty years later, the
farmers discovered that one of the chief obstructions to reform was that
class of parasite known as lawyers, who the farmers termed, ‘the pests of
society’ and ‘an altogether useless order.’

In running up against the society of lawyers, the farmers felt their
petitions were crashing against the equivalent of their famous New England
stone walls.

One of the rebels allied with Shays, Thomas Grover, gave as his reason for
revolt, the ‘large swarm of lawyers...who have been more damage to the people
at large, especially the common farmers, than the savage beasts of prey.’
(George R. Minot, The History of the Insurrections in Massachusetts).”

These despicable traitors to the American people have essentially – the
eighth major violation - converted our constitutional common law courts to
courts of military/equity in which the rights of people and the Constitution
are largely ignored. With every unconstitutional law written and enforced
through coercion by this group, the further we have been removed from a
constitutional Republic form of government. That yellow-fringed flag in every
courtroom says it all – that is the flag of a military tribunal, not a common
law court.

(Author’s note: Not all lawyers are found objectionable - it is only those
who out of ignorance or intent that work diligently to deprive the American
people of their rights.)

What we now have in this rapidly deteriorating union of States – founded on
the God-given rights of Man – are officials who are as ignorant of the
Constitution as they are treasonous. They care neither for the Constitution
nor for the life, liberty, and pursuit of happiness secured by our most
important documents – the Declaration of Independence and the Constitution
for the united States of America. Government is filled with people of greed,
lust, and amorality with wannabe Hitler syndromes acting as if they are
concerned about freedom, Christian values (including family values), and the
like – doing everything except what they profess to believe.

The war against terrorism and for freedom is anything but that. How can it be
when Congress does not even read a bill written possibly by people a decade
ago that effectively removes the rights secured by the Constitution? Call
Homeland Security what it really is – Fatherland Security – the establishment
of the American Gestapo through unconstitutional laws. No more is the intent
to preserve rights but is – instead – to suppress all human rights.

This is the set up and what will be – except that it doesn’t take into
account the 25% of the people who do think for themselves, that do know the
frauds perpetrated and perpetuated by the federal government have been with
the intent of establishing complete totalitarian control over the people of
the world. It is with those people that hope for the goodness in mankind
still exists.

And, even though 25% of the military has indicated its willingness to kill
American citizens who do not want to comply with unconstitutional
proceedings, such as forced firearm confiscation, there is the 75% who will
not. Hopefully, the 75% know who the 25% are and will work to disarm and
corral them rather than the American public when the time comes.

We must pray that for every law enforcer who is willing to deprive citizens
of all rights that there are two or three who will not. Surely to God many
officers in all levels of enforcement know how wrong the federal and other
levels of government are for imposing unconstitutional laws on the people of
this nation. Surely far more are cognizant of the fact that removal of due
process and ignoring the property and personal rights of people is not the
law of the land and must be defended against – not worked for – since it
affects them as well as their fellow citizens.

People, our very liberty is being threatened as it has never been threatened
by any opposing force before. Never has any foreign country laid the
groundwork for complete takeover and subversion as has been accomplished
through actions spearheaded by Bush and his oil/other economic interests,
Ashcroft, Rumsfeld, and the Congress of the United States. Our very
sovereignty is in dire danger of being removed. And many American people
support this man, those who stand beside him, and those who control him. For
shame.

Time will expose the truth. And, it is likely to be sooner than later since
all is set for the United States to take over these united States of America.
No conspiracy theory – just facts.

It may be too late, though, to take the actions that should have been taken
for the past century. We could begin by filing criminal charges against those
who have led the way to recent unconstitutional bills being passed into law
and those who have enforced Executive Orders as law, including judges. We
could force a hearing with Congress to find out exactly why it voted to pass
a bill that removed the very freedoms Bush’s so-called war against terrorism
is supposed to be defending. This is especially of necessity since this oil
magnate is now spreading his battle for oil control to his daddy’s alleged
foe – Iraq.

A secondary purpose would be to force the federal government to show its
hand. If those who attempted to force a hearing – or filed criminal
complaints against officials – mysteriously disappeared, were incarcerated,
or “accidentally” shot while being arrested, then the remainder would know
the extreme fallacy in allowing a law to exist such as the Patriot Act. Just
how “American” is it when any American citizen can be arrested, held
indefinitely, or otherwise treated as a terrorist simply for upholding the
Constitution?

Remember this. No matter what – when all is said and done – THIS IS OUR
COUNTRY. It does not belong to those in the federal government, the Federal
Reserve owners (mostly foreign), the Bushes and Clintons of the world; nor to
England, Germany, France, or to the rest of the countries on Earth. IT IS
OURS.

Furthermore, our lives created by God – not government – are our own. Our
will – also created by God – is ours to freely exercise without government
interference or any control other than our respect for the same God-given
rights of others. It is to the laws of God we must submit, not the laws of
man because, you see, we are human beings – we are not animals to be
sequestered by – and for the use of – governments.

Decisions concerning these matters must be made immediately. We must take
every peaceful avenue possible (even though the government is not) to force
compliance from Congress and all other levels of government. We must not sit
back and wait and see what will happen. The writing on the wall is quite
clear about what will happen if we continue to acquiesce to the many
unconstitutional events taking place.

Freedom will be lost – but not to Middle East terrorists.



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