If I came to your house and presented you with a list of rules by which you must live your life, then demanded that you pay me a portion of your income to allow me to force you into compliance you would probably do one of three things; either you would laugh in my face; slam the door on me; or you would simply kick my ass for even making such a foolhardy proposition. If I came back with two or three friends and we made the same suggestion as a group you would probably just kick our asses, or shoot us on the spot.
Why then is there such a willingness amongst the people of this country to blindly accept that whatever ‘government’ enacts is the law and that, as good conscientious Americans, they must obey? Why is it that people continue to support such evil when by almost every act it performs it proves detrimental to their freedom?
Is it because that evil goes by the name of democracy that people mistakenly believe that they somehow have a say in what laws are passed? I hate to burst your bubble, but we are not a democracy; and we never have been. Alexander Hamilton declared, “We are a Republic. Real Liberty is never found in despotism or in the extremes of Democracy.”
In Federalist 10 James Madison writes, “Hence it is that democracies have ever been spectacles of turbulence and contention; and in general have been as short in their lives as they have been violent in their deaths…”
I really hate to pose this question, but are most people really so foolish that they believe our government is one which has unlimited power to regulate and control our lives; that it can use deadly force should we show any intent to oppose it? That is the thinking of a prisoner or a slave; not a free man/woman.
I know people must be tired of me harping on the same old principles over and over and over again, but it is upon these principles that our country was founded, and it is our having strayed from these principles that all our problems can be attributed.
Let’s say you are walking down a well established path in the woods and you come to a fork in the path; with one path continuing on to your intended destination and the other leading off to who knows where. Should you stray from the intended course it is very possible that eventually you would become hopelessly lost unless at some point you shift your direction and return to the established path.
Well those principles I continue to harp on are the established path, and it is by our having strayed from them that we currently find ourselves where we are today in America. On December 22, 1787 Federalist 26 was published for the first time in the New York Press. In it Alexander Hamilton says something that could very well have been written about politics in America in 2016. In the essay by Publius Hamilton declares, “IT WAS a thing hardly to be expected that in a popular revolution the minds of men should stop at that happy mean which marks the salutary boundary between POWER and PRIVILEGE, and combines the energy of government with the security of private rights. A failure in this delicate and important point is the great source of the inconveniences we experience, and if we are not cautious to avoid a repetition of the error, in our future attempts to rectify and ameliorate our system, we may travel from one chimerical project to another; we may try change after change; but we shall never be likely to make any material change for the better.”
To understand government, and I mean truly understand government, you must understand something about Natural Rights. In his Second Treatise John Locke says this about Natural Rights, “To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.”
Under Natural Law each individual is responsible for their own sustenance, their own shelter, and their own defense. Under Natural Law there is no government, there are no communities; it is you and you alone who are responsible for your continued existence. Under Natural Law if you make a poor choice, then you and you alone must bear the consequences of that choice.
That is what some call, pure unadulterated freedom while on the other hand that is what some fear the most; to be left to their own wits and ability for their very survival. In 1850 the Frenchman Frederic Bastiat would write, “Self-preservation and self-development are common aspirations among all people. And if everyone enjoyed the unrestricted use of his faculties and the free disposition of the fruits of his labor, social progress would be ceaseless, uninterrupted, and unfailing.
But there is also another tendency that is common among people. When they can, they wish to live and prosper at the expense of others.”
What do you call a person who tries to take something from you; something they have not earned? I don’t know about you, but I call them a thief. Under Natural Law each individual has both the right, and the duty, to preserve their own life and their possessions. As Locke goes on to say in Chapter 3 of his treatise, “This makes it lawful for a man to kill a thief, who has not in the least hurt him, nor declared any design upon his life, any farther than, by the use of force, so to get him in his power, as to take away his money, or what he pleases, from him; because using force, where he has no right, to get me into his power, let his pretence be what it will, I have no reason to suppose, that he, who would take away my liberty, would not, when he had me in his power, take away every thing else.”
You are probably asking yourselves now, what does all this crap have to do with government? Well, let me explain. If Natural Law is the state men originally found themselves in, then how did government come into existence? In his booklet The Crisis, Thomas Paine writes, “A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are no other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.”
Remember that as we progress.
In 1776 fifty-six men affixed their names to a document that proclaimed a people’s independence from a tyrant; an overbearing system of government in which their rights were believed to be, both insecure and under attack. They sought to remedy that by severing the ties which bound them to this source of oppression. However their government said, “Hold on a minute, not so fast.” and it attempted to use force in an effort to compel them into remaining S U B J E C T S.
You see a subject is, well, subject to the will and command of another; in short a subject is a polite way of saying a slave; a servant. This is the exact opposite of being a free man. And what, may I ask are the qualities of being a free man if not the full exercise and enjoyment of your rights and to the fruits of your labors?
Our Founders obtained their independence; at the cost of much blood and hardship. In his book Democracy in America Alexis de Tocqueville wrote of this period of American History as follows, “In that great land the great experiment of the attempt to construct society upon a new basis was to be made by civilized man; and it was there, for the first time, that theories hitherto unknown, or deemed impracticable, were to exhibit a spectacle for which the world had not been prepared by the history of the past.”
At the end of our revolution the colonies became 13 free and independent States. This was recognized by Britain when they signed the peace treaty which officially ended the war, “His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and Independent States…”
This was all the Founders wanted, to be recognized as free and independent sovereignties. This is proven in the Organic Law of the Land; the Declaration of Independence, wherein it states, “We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States…”
Our Founders would not have fought a war, risked so much, to then turn around and establish a system of government which did not recognize the States as being free and sovereign entities, while at the same time safeguarding the liberty they had so valiantly fought for.
While there were some in the convention which produced our Constitution who wanted to see the States deprived of their sovereign power; saner heads prevailed and a compromise was agreed upon wherein the States became co-equal sovereignties. In fact, years after the Constitution went into effect Justice Joseph Story would state, “In the next place, the state governments are, by the very theory of the constitution, essential constituent parts of the general government. They can exist without the latter, but the latter cannot exist without them.”
This next point is the hardest thing I have getting people to understand; that government exists solely because of a grant of specific powers by the people; established to perform certain tasks, and that when it oversteps the limits placed upon it its actions become criminal.
Furthermore, Founder James Wilson writes, “Government … should be formed to secure and enlarge the exercise of the natural rights of its members; and every government which has not this in view as its principal object is not a government of the legitimate kind.”
Most people would brush over that comment without giving it any thought; not me, I read things and ponder them. For instance, what did Wilson mean when he said members? Government implies the act of creating laws, does it not? Those laws must apply to somebody. In our case the laws apply to the members of the body which comprises the unit which the government enacts laws on behalf of. Therefore the Congress, being originally established to represent both the people AND the States, those two bodies must be the members to which our government has any authority over. Therefore, as Wilson said, if the actions of a government restrict the natural rights of the States, or the People, then the government ceases to be a government of the legitimate kind.
It is at this point that I would like to introduce two legal phrases I have never used before in my writings; de jure and de facto. De jure, as with most legal terminology, is a Latin phrase meaning ‘of right’. In relation to our system of government, de jure status is the right to enact laws based upon the powers granted it by the document which created the government in the first place; the Constitution. De facto, on the other hand, means ‘in fact’, or in effect, whether by right or not.
I would also like to take a moment to discuss the difference between the two words lawful and legal; and yes, there is a difference. Lawful means that something is in accordance with the law of the land while legal means a thing in form, or name of law which may or may not have its origin stemming from lawfulness.
When our government acts according to the powers granted it by the Constitution, (which isn’t very often these days), its acts are lawful. When our government enacts laws based upon powers it has assumed, or usurped, its acts become legal edicts and have no lawful force upon those whom the laws apply to. These laws can only be enforced using force as their not having any lawful basis for existence it is the right of those to whom the laws apply to disobey them.
Now we come to the actual meaning of the term ‘law enforcement’ officers. These people act lawfully only when they ‘enforce’ laws that are just and do not restrict a person’s rights, or enforce laws which violate the law of the land; the Constitution.
One of the definitions of tyranny is the use of unjust or oppressive power over others. Would you not, therefore, have to admit that our government, as it exists today, is de facto tyrannical? Would you not have to admit by its overstepping of the limits its birth certificate; the Constitution, grants it, it has become oppressive towards the people and the States; its member bodies it was created to represent? Would you not have to accept that government has long ago ceased being our servant and has, instead, become our master?
Why is it then that you still support it; even if by your voting for a better quality of candidate you are trying to bring about a change for the better? Does not the Organic Law of the Land; the Declaration of Independence say, “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government…”
Is it due to fear that you refuse to stand up to government? Is it due to your reliance upon all the benefits it provides; the old don’t bite the hand that feeds you syndrome? Or is it because that tyranny has not yet affected you personally; that because you still have a home, a job, and the illusion of choice that you accept these ever increasing restrictions upon your very freedom?
All I know is that most people are viewing the world around them through rose colored glasses; refusing to see the evil that exists right under their noses.
In his Memorial and Remonstrance James Madison wrote, “Because it is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle.”
In short, what that means is that our Founders did not wait till tyranny got a foot hold, they stopped it dead in its tracks before it had become entrenched in their lives.
But you see, there is something else Madison said in his Remonstrance; something preceding the abovementioned quote, “The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overlap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The People who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves.”
You go to the polls, casting your votes for this candidate or that; voting either Republican or Democrat, believing you are participating in the democratic election of your leaders. All that you are doing is deciding which party gets to drive the slave bus you are riding on; and the sooner you realize this, the better.
As John Locke said in his Second Treatise, “The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience…”
Our government has overstepped the authority granted it by the Constitution; and in so doing has declared war upon us, upon our liberty. Isn’t it time you realized that government is not your friend, it is not your servant, it is your enemy? Isn’t it time you stopped giving your support to this evil by voting for whom will be your master? Isn’t it time you stopped giving your support to those who enforce the unjust and unlawful edicts passed by your government?
If you ask me, it’s well beyond time. If you ask me, our Founders would have been calling for the hanging and tarring and feathering people by now. If you ask me, where those brave men who stood at Lexington Green and defended their liberty would be disgusted by what we’ve allowed to happen to the country they bequeathed to us with their toil and their blood.