I, American – An analogy and tribute to “I, Pencil” by Leonard E. Read

By: Tisha Casida

I am an American – a human being residing in the United States of America, a citizen who has come here or who resides in this country.

Liberty is both my vocation and my avocation – it is what I am.

You may wonder why it is necessary to express the purpose of explaining what I am.  I am a mystery, and sadly I have been taken for granted as a mere incident and without background.

“This is a species of the grievous error in which mankind cannot too long persist without peril. For, the wise G. K. Chesterton observed, ‘We are perishing for want of wonder, not for want of wonders’.” (Read, 1999).

I, American, as simple as I may seem, do in fact warrant your wonder, for if you can understand me better, if you can be more aware of what I am, then it can help save the freedom that mankind could so easily lose.

Simple? Yet no one knows exactly how to make me.  I am but a human, a citizen, a member of a community and country, and yet there are innumerable antecedents to what I am.

It is impossible to explain all of the antecedents that made me, however it is possible to name just a few.

My family tree begins on every continent in every country through most every part of the world.  From deserts to the tropics, the mountains to the oceans, the world was the starting point for me.  Think of all the people involved in the innumerable journeys through good times and bad to get me to where I sit today.  Think of the man-power, the machinery, the technology, the will-power to get me here today.  Think of the millions of transactions amongst people, the billions of words, the countless moments of inquiry and faith that made it possible to be in this moment.

Starting in far-away places, my ancestors made choices to seek freedom and prosperity.  In making a choice to come here, the American dream was alive and loved.  It was not just a dream; it was the reality of the journey, the faith, the motion.  My ancestors came to America to work and keep what they worked for, in a place where liberty was alive and responsibility was respected and honored.

Consider the people who have come to America.  White, black, brown; European, African, Asian, Hispanic; people who do not cling to color nor to class nor to ethnicity. For once you are here, you are American – this is the melting pot, and we are all the same, we are all Americans.  People who have come here as people, people who have come here knowing and believing that we are endowed by a Creator with certain unalienable Rights, and that among these are Life, Liberty, and the Pursuit of Happiness.  The journey has not always been pleasant or good.  The creation of America held many tragic incidents involving the very people that She now desires to protect.  That is the road and the journey that exists, and I must move forward in an effort to do better, as an individual, as an American.  We can learn from our mistakes.

Consider the technology that has moved us here.  Inventions, the revolution in industry, and the revolution with communication – all of these over thousands of years have contributed to my journey.  Although my life cycle is short, the experiences I have are created on the shoulders of giants (Newton, 1676).  Piece by piece, moment by moment, I am standing here today because of these human discoveries, theories, interventions, and practices.

Consider the human desire that has moved us here.  Human beings from around the world, people who work hard, study, love, and crave the freedom that allows them to do those things.  Consider the faith – regardless of religion or origin – consider the faith of the people who want to move forward, want to protect what they love, want to be free in their just pursuit of happiness.

No one knows how to make an American, even though the 307+ million Americans have a part of shaping each other every day.  “There isn’t a single person in all these millions… who contributes more than a tiny, infinitesimal bit of know-how.” (Read, 1999).  Each day a citizen may decide to read a newspaper, watch a television show, or go to school, however the other citizens will never truly know how this affects them – we just know that it does.  None of us know what the other millions of Americans want, however we are still all able to co-exist and prosper.  None of us know exactly how this works, but we know that we are able to make transactions and decisions when we have the freedom to do so.

There is no master-mind dictating to people what they should do, what they should want, or where they should work.  For over two hundred years, the country of America has been able to grow without the master planning of its future.  There have been mistakes, and more recently attacks on Her freedom, however the 307+ millions of Americans who are a part of my country can still make informed decisions.  This “absence of a master mind, of anyone dictating or forcibly directing these countless actions which bring me into being. No trace of such a person can be found. Instead, we find the Invisible Hand at work.” (Read, 1999).

We cannot “make an American”.  The Invisible Hand (Adam Smith), the liberty present in our country, and the free market where we all stand equally as consumers, are a part of a complex combination of miracles.  America is where you can find me, in “the configuration of creative human energies—millions of tiny know-hows configurating naturally and spontaneously in response to human necessity and desire and in the absence of any human master-minding!” (Read, 1999).  We are free men and women, there is no greater miracle.

I, American, although made from many different races, classes, and religions, do not cling to those as testimony for how others should act or be.  I, American, although a part of a social system do not expect a social system, I take responsibility for what and who I am.  I, American, although faced with displeasure, anger, and poverty, righteousness, happiness, and prosperity, do not expect from anyone anything other than interaction in a marketplace where I can work, purchase, and sell goods and services without the intervention of a master-plan that tries to decide what is best for me.  I, American, understand what I am charged with and accept the responsibility and prosperity that accompanies such “risk”.  Having the liberty to make my decisions, is all I ask for.

I, American, in a country that has had millions of immigrants come to Her for liberty and the opportunity to pursue their dreams, believe in the creative interactions that have made our prosperity possible so far.

“The lesson I have to teach is this: Leave all creative energies uninhibited. Merely organize society to act in harmony with this lesson. Let society’s legal apparatus remove all obstacles the best it can. Permit these creative know-hows freely to flow. Have faith that free men and women will respond to the Invisible Hand. This faith will be confirmed.”  (Read, 1999).

I, American, seemingly simple and often misunderstood, believe in the miracle of my creation. I believe in the liberty that rewards responsibility. I believe in the free men and women who are my fellow citizens.  I, American, believe.

References:

Newton, I. (1676, February 15). Letter to Robert Hooke. Retrieved  June 20, 2010 from http://en.wikiquote.org/wiki/Isaac_Newton.

Read, L. E. (1999). “I, Pencil: My Family Tree as told to Leonard E. Read.” Library of Economics and Liberty. Retrieved June 20, 2010 from the World Wide Web: http://www.econlib.org/library/Essays/rdPncl1.html

Smith, A. (1776). An Inquiry into the Nature and Causes of the Wealth of Nations. Edwin Cannan, ed. 1904. Library of Economics and Liberty. Retrieved June 20, 2010 from the World Wide Web: http://www.econlib.org/library/Smith/smWN.html

Merry Christmas – Jesus as Our Libertarian Friend

There are probably few better role models than that of Jesus Christ. It doesn’t matter what religion or spirituality encompasses your framework and world-view, looking at Jesus Christ as a person, based off of a well-known book called The Bible, shows that he is just the type of guy that many households could use right now – as a friend, a companion, a confidant, and a freedom-fighter.

 

As people who cherish liberty and our natural rights to do things like eat the food we want, maintain control over our property (including our body), and defend and protect ourselves and our loved ones from harm – we embrace individual rights. We embrace taking responsibility for ourselves. As Michael Badnarik eloquently points out in his lectures and Constitution classes, he says “I am King” – and that each of us, as individuals are Kings. We bow to no one. We are responsible for ourselves and cherish ourselves as individuals. This is unique to most forms of governments in the world – our country is still very free.

 

In Luke 17:21, Jesus is talking about where exactly the Kingdom of God is, and says that it is nether “here” nor “there”, “because the kingdom of God is within you” (New International Version Bible, 1984). Stop looking around – God is inside of us, and we are the Kings of our lives. And, as Badnarik would say, “It is good to be King”.

 

Jesus is the kind of friend that would not cast judgment on a person – he ate and drank with thieves (thieves at that time were the tax-collectors) and prostitutes, he was nice to everyone – he loved people where they were at. Like most of us who cherish liberty, we oftentimes find ourselves preaching to others, but we respect people’s individual choices and would never use force to change the behavior of another. Love versus force – a big gap in how to encourage behavior amongst our fellow men. I opt for using love to encourage behavior – not force.

 

Religions use “sin” as a word to cast judgment and prove “wrongness”. In Greek, “sin” literally means to “miss the mark”. And oh, how so many of us do miss that mark. Morality is subjective – there will be no agreement amongst humankind about right or wrong – but we can all think of ways that we “miss the mark”. In America, that mark is remembering that we are powerful individuals, and that our natural rights must be intact for us to not be slaves.

 

Jesus turned over the tables of the “money-changers” and was a rabble-rousing truth-seeker that caused problems for “the King”. Those money-changers (like the Federal Reserve today) and thieves (like the Internal Revenue Service (IRS)) were called out by Jesus – for their robbery of the people. They were eroding the wealth and property of the people, and Jesus had enough of it. He did not lay down, he did not shut up, he spoke out and eventually his life was taken for it.

 

There is no better way to celebrate this holiday (again, regardless of what you believe in as “God”) than to celebrate the rabble-rouser whose birth so many celebrate. So, this Christmas, I wish to you a merry time with friends, family, pets, etc. in celebration of the birth of a man who made enemies of those who would keep us on our knees.

Individuals, Counties, Sheriffs, and States Step Up Against Unconstitutional Acts of Government

The Posse Comitatus Act of 1878 forbids the use of the military in domestic law enforcement. That means that you cannot be detained, tortured or killed by the military of the United States – if you are suspected of wrong-doing, local law enforcement must go through the State’s constitutional procedures of finding, arresting, and punishing you.

Section 1021 of the National Defense Authorization Act (NDAA) basically nullifies this law, as it states that “belligerent acts” are a potential reason to be detained indefinitely and “covered persons” could generally mean any American citizen in the United States.  What exactly is a belligerent act? And if they wanted to protect American citizens – why didn’t they have a clause specifically stating that NO American citizen would ever be taken and detained indefinitely without due process and without the right to trial?

The fact is that if they (the Republicans, the Democrats, the Representatives (or better-said Politicians) had a chance to stand up for you – and they did not. For the most part, our three federal branches of government have not “stood up” for the American people’s individual liberties for a long time. And that’s okay, because our rights come from our Creator – and the first and most important level of government that we have given some responsibilities to are our States and the counties that make up those states.

County sheriffs are elected by the people. They are the highest law of the land. Back in the 11th Century, the King used to appoint a representative (called a “reeve”) to keep peace amongst the land (peace, or domestic tranquility was called “shire”). Hence the sheriff (shire-reeve). In the united States of America, county sheriffs are elected by the people they serve – they are not appointed by anyone, including a King or a bureaucrat. The sheriff reports directly to the people – they are accountable to the people they serve and they are charged with upholding the Constitution. The sheriff has the power to call on the militia (that is you and me). And when the federal government gets out of control, the sheriff is the last line of defense in protecting the American people.

We have great reason for celebration across the country because individuals, county officials, county sheriffs, and state officials are telling the federal government to leave their citizens alone and preserve due process.

 

Colorado – El Paso County (622,263 Citizens)

Peggy Littleton, County Commissioner, stood up to the unconstitutionality of the verbiage in the NDAA by introducing a resolution to nullify section 1021 and would basically “reinstate” habeas corpus, due process, and the right to trial for citizens of El Paso County. This resolution was passed and signed by the County Commissioners with support from the El Paso County Sheriff’s office. [SOURCE: http://www.csindy.com/IndyBlog/archives/2011/12/16/el-paso-county-resolution-on-due-process-passes]

 

Montana (974,989 Citizens)

William Crain, and Steward Rhodes (founder of Oathkeepers) are working on recalling the representatives who voted for the bill (Max Baucus (D) and Jonathon Tester (D) Denny Rehberg (R)). Rhodes says “These politicians from both parties betrayed our trust, and violated the oath they took to defend the Constitution. It’s not about the left or right; it’s about our Bill of Rights. Without the Bill of Rights, there is no America. It is the Crown Jewel of our Constitution, and the high-water mark of Western Civilization.”[SOURCE: http://www.thenewamerican.com/usnews/constitution/10650-montana-launches-recall-efforts-against-ndaa-supporters]

The other states besides Montana that have the constitutional provisions to recall their sitting elected members of the congressional delegation (including such a reason as violation of their oath of office include: Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, Wisconsin, New Jersey,

 

Rhode Island (1,053,209 Citizens)

Rhode Island Senator, Daniel Gordon, also introduced a resolution that is making its way through the Rhode Island State House. SOURCE: http://thenewamerican.com/usnews/congress/10558-one-lonely-state-representative-opposes-indefinite-detention Gordon stated, “Given the fact that the constitutions of Rhode Island and that of the United States are replete with guarantees of individual liberties, right to habeas corpus, and right to freedom of speech, the offending sections of [the NDAA] are repugnant to the sensibilities of anyone [who] has a basic understanding of the foundation of this country. When I took the oath of office, I swore that I would support the constitutions of Rhode Island and the United States. And before one constituent of mine is snatched up in the dead of night, without due process under our laws, they’ll have to pry those documents from my cold dead hands.”

 

Ohio – Bowling Green (29636 Citizens)

 

Young Americans for Liberty (YAL) and the Bowling Green State University (BGSU) Committee for Repealing the NDAA are working on a local city council in Bowling Green, Ohio. Dan Johnson, a student at BGSU who is spearheading the effort is working on organizing at least 150 students and residents to attend up-coming city council meetings.

Virginia (7078515 Citizens)

 

Virginia Delegate Bob Marshall (R) introduced House Bill 1160 to prevent Virginia law enforcement officials from enforcing the unconstitutional language of the NDAA. Verbiage in this bill “piggybacks” the ruling by the United States Supreme Court that invalidated part of the Brady Law and illustrated that “under our system of federalism, a state can’t, against its will, be turned into a “go-fer” to enforce a federal law enforcement regulatory scheme”. [SOURCE: http://americanvisionnews.com/1548/va-bill-to-nullify-ndaa-indefinite-detention-of-us-citizens]

 

Washington (6,664,195 Citizens)

Five Washington state representatives introduced a bill in the Washington State House that “condemns the unlawful detention of United States citizens and lawful resident aliens under the National Defense Authorization Act, and forbids “any state employee, member of the Washington National Guard or any agent of a corporation doing business with the state” to cooperate in the federal detainment or investigation of a U.S. citizen or resident alien” [SOURCE: http://blog.tenthamendmentcenter.com/2012/01/washington-state-legislators-introduce-ndaa-nullification-bill/] The five representatives are: Jason Overstreet (R-Blaine), Matt Shea (R- Spokane Valley), Vincent Buys (R-Lynden), Cary Condotta (R- East Wenatchee) and David Taylor (R-Moxee).

 

County Sheriffs Across the Country

And on January 30th, 2012, around 100 sheriffs from around the country came to a presentation by an eclectic line-up of speakers to learn about their role and duties as sheriffs and the importance of them understanding their jurisdiction when it comes to upholding the oath to the Constitution and protecting the American people. These sheriffs represent thousands and thousands of American citizens who may be afforded constitutional protection under their elected representatives – the county sheriff.

 

If 5% of the population was able to participate and win in the American Revolution that first made this country free, then that means we just need about 15.4 million people (of the 307 million) to step up and enforce our individual liberties and the Constitution. If each of these examples listed above affects the number of people that are in their states and/or counties – and if these people who live in these states, cities, and counties participate in protecting our own American citizens from unconstitutional acts of government, then we have already topped the number we need at 16,422,807 citizens. Of course, these people actually need to be activated – but the intention and movement is there.   Today is a very good day for liberty.

Model to Nullify the NDAA using State Legislatures, City Councils, and/or County Commissioners

This is the verbiage that was developed by the Rhode Island Liberty Coalition, specifically Mr. Blake A. Filippi,  in an effort to empower states, counties, and localities to take control of the constitutionality of their own law enforcement and law enforcements’ sworn oath of office, which protects the American people from indefinite detainment without due process.  This language can be changed to fit the specifics of other states, counties, and municipalities, and we want to see as many people as possible taking advantage of empowering each other at a state and local level to stop the unconstitutionality of the National Defense Authorization Act (NDAA) and the Enemy Expatriation Act.  Thank you to the Rhode Island Liberty Coalition for making this wonderful resource available to our country.

First, is the Intro Letter – the actual Model and Resolution are beneath…

Dear Compatriot,

Thank you for visiting the Rhode Island Liberty Coalition (RILC) and downloading this important piece of model legislation as a framework for state and local nullification of the 2012 Nation Defense Authorization Act (“NDAA”). Section 1021 of the 2012 NDAA repeals Posse Comitatus and purports to authorize the Office of the President of the United States to:
•    Utilize the Armed Forces of the United States to police United States citizens and lawful resident aliens within the United States;
•    Indefinitely detain United States citizens and lawful resident aliens suspected of supporting terrorism, without charge or trial, until the end of hostilities authorized by the Authorization for Use of Military Force, 2001 P.L. 107-40;
•    Subject those United States citizens and lawful resident aliens to military tribunals; and
•    Transfer those United States Citizens and lawful resident aliens to a foreign country or foreign entity.

Such executive powers are unconstitutional and repugnant to a free society. State and local governments are duty-bound to respond immediately to this unconstitutional and un-American affront to Liberty and Due Process. We must not wait for the Federal Courts to strike down this law; if the Courts will even act at all. Indeed, our Supreme Court has consistently avoided questions of Executive power and American Liberties during the age of terrorism: the Supreme Court still has not ruled upon the most controversial provisions of the “Patriot Act,” and it did would not take up the question of military detainment of United States citizens in the case of Jose Padilla. Conscientious
citizens, like you, must demonstrate to state and local governments that provisions of the NDAA are unconstitutional and antithetical to the United States, and that legislation nullifying the NDAA is required.
To these ends, the RILC has drafted broad model legislation, which clearly lays forth the offensive portions of the NDAA and the state and federal constitutional provisions it violates. The legislation includes a resolution that condemns section 1021 of the NDAA. It further provides that state/county/local officials and employees may not knowingly cooperate with an investigation or detainment of a United States citizen or lawful resident alien by, or by in-part, the Armed Forced of the United States. The Supremacy clause of the United States Constitution cannot overturn this provision because the Federal Government is not able to force state and local government officials to take affirmative acts, in this case, the cooperation with an investigation and/or detainment by the Armed Forced of the United States.
Next, the legislation goes one big step further and renders it unlawful for members of the Armed Forces of the United States to conduct investigations or detainments of United States citizens or lawful resident aliens. The Constitution’s Supremacy Clause may override this provision. However, the RILC takes the position that the Federal Government cannot shred the most fundamental portions of the Constitution through indefinite detainment without charge, including the rights to Habeas Corpus and Due Process, and then seek to utilize the same Constitution’s Supremacy Clause to legitimize those patently unconstitutional government acts. Inclusion of the prohibition on investigations and detainment is important because it provides local police and sheriffs with color of authority to halt investigations and detainments by the United States Armed forces.
Finally, the legislation provides criminal penalties for violation of its provisions; both for local officials and members of the Armed Forces of the United States. These penalties are not severe because, in most states, municipalities are capped at the criminal penalties that can be assessed through ordinance. The penalties can be changed according to your jurisdiction, and if this legislation is submitted to a state legislature, there is more authority to enact stiff penalties. The same Supremacy Cause issues still apply to criminal prosecutions of members of the Armed Forced of the United States.
Of course, RILC advocates passage of the model legislation’s resolution as well as all prohibitions and penalties. Your local legislative body may decline such a sweeping enactment. Advocate well, and push for as much inclusion as possible, knowing that some provisions may not be passed.
RILC has geared this piece of legislation to the beautiful state of Rhode Island, specifically including the provisions of the Rhode Island Constitution offended by the NDAA. In order to conform to your state, you should simply replace the Rhode Island constitutional provisions with your state constitutional provisions. Also, wherever text is underlined, you need to insert the term appropriate to your forum. For instance, state legislatures pass Acts, while local municipalities pass Ordinances. Not to worry, any legislative body desirous of passing the model legislation will have staff attorneys whom will redraft the legislation to conform to local standards, codification rules, etc… RILC’s model legislation serves as comprehensive framework for presentation and discussion, and may be adjusted to reflect local standards and political realties.
One final note: Please be strategic about introducing NDAA nullification legislation. Build coalitions, talk to religious groups, tea party groups, the occupy movement, progressives and conservatives. Opposition to the NDAA transcends political parties and philosophies. Yet, local elected officials will be wary about the appearance of challenging the Federal Government. Your elected officials must have the community behind them in order to take the leap. Do the ground work. Peace and much success!

In Liberty,
Blake A. Filippi
Rhode Island Liberty Coalition

*This Model Act is the Property of the Rhode Island Liberty Coalition and any replication or reproduction for purposes other than herein authorized is strictly forbidden. Thanks!

**This model legislation is not intended as legal advice or an offer of legal advice. No attorney-client relationship has been created by publication of this model act.

(Portions underlined must be changed to reflect your forum)

 

A RESOLUTION Condemning Section 1021 of the 2012 National Defense Authorization Act;

 

AN (ACT or ORDINANCE) Rendering it Unlawful for (Your: State Municipality or County) Officials and Employees to Cooperate With an Investigation and/or Detainment of United States Citizens and resident legal aliens by, or by in-part, the Armed Forces of the United States; and

 

AN (ACT or ORDINANCE) Rendering it Unlawful for Individuals in the Armed Forces of the United States to Conduct Investigations or Detainments Within (Your: State Municipality or County) of United States Citizens and resident legal aliens,

. . . .

 

WHEREAS, the Congress of the United States passed the National Defense Authorization Act, 2011 P.L. 112-81, (“2012 NDAA”) for Fiscal Year 2012 on December 15, 2011;

 

WHEREAS, the President of the United States of America signed the 2012 NDAA into law on December 31, 2011;

 

WHEREAS, Section 1022 of the 2012 NDAA requires the Armed Forces of the United States to detain, pending disposition according to the Law of War, any person involved in, or whom provided substantial support to, terrorism or belligerent acts against the United States, and whom is a member of Al-Qaeda or an associated force;

 

WHEREAS, Section 1022 of the 2012 NDAA specifically excludes United States citizens, and lawful resident aliens for conduct occurring within the United States, from its mandatory detention provisions;

 

WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States to utilize the armed forces of the United States to detain persons the President suspects were part of, or substantially supported, al-Qaeda, the Taliban or associated forces;

 

WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States, through the Armed Forces of the United States, to dispose of such detained persons according to the Law of War, which may include but is not limited to: (1) indefinite detention without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force Against Terrorists, 2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity.

 

WHEREAS, unlike Section 1022 of the 2012 NDAA, Section 1021 makes no specific exclusion for United States citizens and lawful resident aliens for conduct occurring within the United States;

 

WHEREAS, Section 1021 of the 2012 NDAA seeks to preserve existing law and authorities pertaining to the detention of United States citizens, lawful resident aliens of the United States, and any other person captured in the United States, but does not specify what such existing law or authorities are;

 

WHEREAS, the specific exclusion of application to United States citizens and lawful resident aliens contained in Section 1022 of the 2012 NDAA, and the absence of such exclusion in Section 1021 of the NDAA, strongly implies that the provisions of Section 1021 are intended to apply to United States citizens and lawful resident aliens, whether or not they are captured in the United States;

 

WHEREAS, the Office of the President of the United States, under both the administrations of George W. Bush and Barak H. Obama, has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows the Office of the President to indefinitely detain without charge United States Citizens and lawful resident aliens captured in the United States;

 

WHEREAS, the United States Supreme Court has not decided whether the 2001 Authorization for the Use of Military Force Against Terrorists allows the Office of the President to indefinitely detain without charge United States Citizens and lawful resident aliens captured in the United States;

 

WHEREAS, Section 1021 of the 2012 NDAA purports enlarge the scope of the those persons the Office of the President may indefinitely detain beyond those responsible for the September 11, 2001 terrorist attacks, and those who harbored them, as purportedly authorized by the 2001 Authorization for Use of Military Force Against Terrorists, to now include “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces;”

 

WHEREAS, United States Senator Carl Levin declared in colloquy on the floor of the United States Senate that the original 2012 NDAA provided that section 1021 (then section 1031 prior to final drafting) specifically would not apply to United States citizens, but that the Office of the President of the United States had requested that such restriction be removed from the 2012 NDAA;

 

WHEREAS, during debate within the Senate and before the passage of the 2012 NDAA, United States Senator Mark Udall introduced an amendment intended to forbid the indefinite detention of U.S. citizens, which was rejected by a vote of 38–60;

 

WHEREAS, United States Senator John McCain and United States Senator Lindsey Graham declared in colloquies on the floor of the United States Senate that Section 1021 of the 2012 NDAA authorized the indefinite detention of United States Citizens captured within the United States by the Armed Forces of the United States;

 

WHEREAS, United States Senator Lindsey Graham declared in colloquy on the floor of the United States Senate that the United States homeland is now part of “the battlefield;”

 

WHEREAS, Policing the citizenry of the United States of America by the Armed Forces of the United States, as purportedly authorized by the 2012 NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free society;

 

WHEREAS, Section 1021 of the 2012 NDAA as it purports to authorize, 1) detainment of United States Citizens and legal resident aliens captured within the United States of America without charge, 2) military tribunals for United States Citizens and legal resident aliens captured within the United States of America, and 3) the transfer of United States Citizens and legal resident aliens captured within the United States of America to foreign jurisdictions, is violative of the following rights enshrined in the Constitution of the United States of America;

  • Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
  • The First Amendment’s right to petition the Government for a redress of grievances;
  • The Fourth Amendment’s right to be free from unreasonable searches and seizures;
  • The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
  • The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
  • The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
  • The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
  • The Sixth Amendment’s right confront witnesses;
  • The Sixth Amendment’s right to Counsel;
  • The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
  • The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;

WHEREAS, Section 1021 of the 2012 NDAA as it purports to authorize, 1) detainment of United States Citizens and legal resident aliens captured within the United States of America without charge or trial, 2) military tribunals for United States Citizens and legal resident aliens captured within the United States of America, and 3) the transfer of United States Citizens and legal resident aliens captured within the United States of America to foreign jurisdictions, is repugnant to the following rights enshrined in the (Rhode Island) Constitution:

  • Article I Section 2’s right to be free from deprivation of life or liberty without Due Process of law;
  • Article I Section 5’s right to have prompt recourse to the laws for all injuries to one’s person;
  • Article I Section 6’s right to be free from unreasonable search and seizure;
  • Article I Section 7’s right to be free from capital charge absent a grand jury indictment, or felony charge absent grand jury indictment absent information signed by the attorney general;
  • Article I, Section 8’s right to be free from excessive bail;
  • Article I Section 9’s right to bail and right to Habeas Corpus;
  • Article I Section 10’s right to a speedy pubic trial by an impartial jury, right to have the assistance of counsel, and the right to be free from deprivation of life, liberty, or property, unless by the judgment of peers;
  • Article I Section 14’s right to be presumed innocent until pronounced guilty by the law;
  • Article I Section 15’s right to a trial by Jury;
  • Article I Section 18’s requirement that the military authority is subordinate to the civil authority;

 

WHEREAS, the members of this (Legislature, Town Council, County Government, etc..) have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of (Rhode Island);

 

WHEREAS, this (Legislature, Town Council, County Government, etc..) opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties;

 

WHEREAS, it is indisputable that the threat of terrorism is real, and that the full force of appropriate and constitutional law must be used to defeat this threat; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights;

 

WHEREAS, undermining our own Constitutional rights serves only to concede to the terrorists’ demands of changing the fabric of what made the United States of America a country of freedom, liberty and opportunity.

. . . .

 

NOW BE IT RESOLVED THAT, the (Legislature, City Council, etc…) of the (Your State, Municipality or County), condemns in no uncertain terms Section 1021 of the 2012 NDAA as it purports to 1) repeal Posse Comitatus and authorize the President of the United States to utilize the Armed Forces of the United States to police United States citizens and lawful resident aliens within the United States of America, 2) indefinitely detain United States citizens and lawful resident aliens captured within the United States of America without charge until the end of hostilities authorized by the 2001 Authorization for Use of Military Force, 3) subject American Citizens and lawful resident aliens captured within the United States of America to military tribunals, and 4) transfer American Citizens and lawful resident aliens captured within the United States of America to a foreign country or foreign entity;

 

NOW THEREFORE,

 

1. No (state, county or municipal) official or employee, acting in the capacity of a (state, county or municipal) official or employee, shall knowingly cooperate with an investigation and/or detainment of a United States citizen or lawful resident alien located within the United States America by, or by in-part, the Armed Force of the United States of America, excepting those of the United States Coast Guard when it is not operating as a service in the Navy, and excepting National Guard units and State Defense Forces while under the authority of the governor of the State of (Your State), and excepting internal investigations and detainments by the Armed Forces of the United States of America of active duty members of the Armed Forces of the United States of America;

 

2. No member of the Armed Forces of the United States of America, nor any person acting directly with, or on behalf of, the Armed Forces of the United States of America, excepting those of the United States Coast Guard when it is not operating as a service in the Navy, and excepting National Guard units and State Defense Forces while under the authority of the governor of the State of (Your State), and excepting internal investigations and detainments by the Armed Forces of the United States of America of active duty members of the Armed Forces of the United States of America, shall conduct investigations and/or detainments within (Your State, County or Municipality) of United States citizens and lawful resident aliens;

 

3. Any violation of the preceding sections #1 or #2 shall be punishable a fine not to exceed $500.00 and/or six (6) months in jail.

 

4. Severability: If any provision or portion of this (Act or Ordinance) is or becomes illegal, such illegality shall not affect the remaining provisions.

El Paso County Resolution – A Model for Other Counties Around the Country

This resolution was passed in El Paso County which protects their Colorado Citizens from the unconstitutional intrusion of federal agencies, including the Armed Forces.  The PDF of the El Paso County Resolution can be downloaded HERE.

Resolution to Preserve Habeas Corpus and Civil Liberties

WHEREAS, pursuant to C.R.S. §§ 30-10-101(1), 30-11-103, and 30-11-107, the Board of County Commissioners of El Paso County, Colorado (“County” or “Board”), has the legislative authority to manage the concerns of the County and to exercise such other and further powers as are conferred by law; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and

WHEREAS, in accordance with the Colorado State Constitution, Article 12, Section 8, all elected officials are mandated to “take and subscribe an oath or affirmation to support the Constitution of the United States and of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter;” and the El Paso County Commissioners subscribe to uphold this oath of office by the adoption of this Resolution, and

WHEREAS, the El Paso County Commissioners resolve that any rules, laws, regulations, bill language or executive order going against Habeas corpus or the civil liberties of El Paso County citizens granted under the United States Constitution and Bill of Rights are hereby declared to be invalid and shall not be recognized and are specifically rejected and shall be considered null and void and of no effect. Therefore, intervention in legislative issues are both appropriate and necessary to ensure that citizens have an opportunity to be heard and represented.

WHEREAS, One of our most fundamental rights as American citizens is to be free from unreasonable detention without due process of law, a right afforded to us by our Founding Fathers and guaranteed to us by over two centuries of sacrifice by our men and women in the Armed Forces whom we daily recognize and honor; and

WHEREAS, Sections 1021 and 1022 (or any other wording as the bill is modified) of the 2011 United States Senate National Defense Authorization Act, Bill Number SB1867, as proposed, provide that in limited circumstances, an American citizen may be detained by our own United States government and by our Armed Forces, which detention could last, without trial until the end of the hostilities currently authorized by the Authorization for Use of Military Force; and

WHEREAS, Sections 1021 and 1022 (or any other wording as the bill is modified) of the National Defense Authorization Bill, SB 1867, jeopardize the fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and the United States and Colorado Constitutions; and

WHEREAS, it is indisputable that the threat of homeland and international terrorism is both real and viable, and that the full force of appropriate and constitutional law must be used to defeat this threat so that terror never wins; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights using rules, laws, regulations, bill language or executive orders; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, wholeheartedly supports the United States military and dutifully recognizes the importance of the National Defense Authorization Act, SB1867, as an appropriations bill and as a bill necessary to support the efforts of our military to both serve and protect the people of this great Nation with the exclusion of sections 1021 and 1022; and

WHEREAS, undermining our own Constitutional rights serves only to concede to the terrorists’ demands of changing the fabric of what made the United States of America a country of freedom, liberty and opportunity; and

WHEREAS, the El Paso County Sheriff’s Office is in agreement with this resolution and the goals and purposes herein stated and agrees to undertake all appropriate efforts to protect the constitutional rights of all citizens; and

BE IT RESOLVED, the Board of County Commissioners of El Paso County, Colorado, is in opposition to Sections 1021 and 1022 of the United States Senate National Defense Authorization Act, and does hereby support the Colorado Constitution and the Constitution of the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave efforts of the members of our Armed Forces

 

DONE THIS 15th day of December, 2011, at Colorado Springs, Colorado.

 

THE BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, COLORADO

_____________________________________

Amy Lathen, Chair

_____________________________________

Sallie Clark, Vice Chair

_____________________________________

Dennis Hisey, Member

_____________________________________

Darryl Glenn, Member

_____________________________________

Peggy Littleton, Member

 

ATTEST:

_______________________________

Wayne W. Williams

County Clerk and Recorder

Nullify the National Defense Authorization Act (NDAA)

Both Political Parties in Washington, D.C. are completely out of touch with the people.  The Republicans and the Democrats are discussing and passing legislation that should never have even be a talking point on the floor of the Congress, let alone law.  They took an oath of office to uphold the Constitution and look at what they have done!  Are they trying to “protect us” or is something more sinister going on?  Conspiracy is certainly on the minds of Americans these days as both parties support and pass unconstitutional and yes, treasonous legislation against the American people.  What is happening?

WE MUST stop them!   I am talking about the National Defense Authorization Act (NDAA).  Anyone who reads this assault on us is asking “WHY do we need this type of law”?  How is it that they think we need this?  What are they not telling us?  We all like to call our elected officials ‘stupid’ at times but I am certain they are not stupid enough to not have a plan and understand what is going on here.  Why does this have so little opposition from either party?  Why is it not talked about in our “main-stream” news media?

Enough!  Every state, county, and city must draft legislation to nullify this unconstitutional declaration of war against Americans.  They can’t even call it a war against terror anymore because they just declared “us” the American people terrorists, extremists, committing “belligerent acts”.  They clearly have drawn the line, it is our elected officials against the American people.  How is this possible?  Why would they do this?  Check out the actual verbiage (Title X, Subtitle D, Sections 1021 and 1022 – Page 81 of 371) and you decide.  It is now WAR – they provoked and declared it.

Our founding document The Constitution of the United States of America means nothing to them anymore or they would not have drafted or passed this treasonous act.  They have failed to uphold their oath of office.  So do we follow them or follow the Constitution?  The Constitution warns against what they have done to us and clearly states what is necessary for “we the people” to protect ourselves from the disastrous effects of power freaks, cowards, and dictators.  Read the bill and decide for yourself.

We can combat all of this in a non-violent way.  But you must get off the couch and put down the TV remote.  Americans have become complacent and think it’s all gonna be okay.  Time to walk the walk and stop screaming at the television which goes on deaf ears and does nothing to empower yourself.  This is exactly why I am running for Congress – to protect our liberty and freedom from an oppressive government.  Every state has the opportunity to fight back and I am fighting for Coloradans.  This is not a “sky is falling message”, this is real and in force since New Years Eve 2012.  You have already lost your liberty and freedom, it is just not enforced yet.  Elect me to restore your liberty and freedom and stop this egregious act against YOU and all of us.  I stand for you and all of Colorado, I will not stand down.  I got off the couch, please join me.

Enemy Expatriation Act – A Bad Band-Aid for the National Defense Authorization Act (NDAA)

Unbelievably, or, perhaps in the fashion of presenting treasonous legislation this year, the Enemy Expatriation Act (HR 3166 and S. 1698) has been sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA).  It just goes to show that a party or label can never define what a person will actually do in office.

This bill gives the United States government the power to take away American’s citizenship if that person is considered to be “hostile” against the United States.  It changes the verbiage in U.S. Code 1481.   If you “compare 3166 to 1481 and the change is small. The new section makes no reference to being convicted as it does in section (7).”  No conviction means no opportunity to be proven guilty and have innocence beforehand.  It also means no due-process and no chance to attempt to fight back using the “court of law”.

So, even though there is “revised” language in the National Defense Authorization Act (NDAA) that is supposed to exclude American citizens from being detained indefinitely without due-process, the passage of the Enemy Expatriation Act gives the United States government the ability to just strip away your citizenship if you are considered “hostile”.  And then you can be treated like someone who is not a citizen – with no opportunity for redress, with no conviction using the court of “law”, and with NO CONSTITUTIONAL RIGHTS.  Sound like a band-aid?  Sound like a loop-hole?  Sound like bad news for freedom of speech and freedom to assemble?

Yes – you can be stripped of your citizenship for “engaging in, or purposefully and materially supporting, hostilities against the United States”.  Well, what is a hostility?  Is it being a member of the Tea Party?  Someone who participates in the Occupy Wall Street movement?  Someone who invests in lead, silver, and gold?  A person running for Congress as a Constitutionalist?  You see, the devil lies in the definition of “hostility” – because who is defining it other than the people in charge of enforcing the law?  And that can be really bad for liberty when you are trying to make positive changes in government.

It is almost like they are planning on a lot of people being REALLY MAD at the U.S. government.  I wonder why?  Could it be that a lot of people are angry?  Could it be that there are some very bad things going on inside of the U.S. government?  Could it be that the American people have been sold out by many of their ‘representatives’ and that these politicians are scared that the American people are going to be hostile to them because they sold us out?

I wonder if words are considered hostile?  I sure hope so, and I hope that this gets to the powers that be – I AM NOT THE ENEMY AND IF YOU EVER, EVER TAKE ME AWAY FOR SPEAKING OUT WHEN YOU DO SOMETHING WRONG, I WILL MAKE SURE THERE IS HELL TO PAY.  I am not the enemy.  And my fellow Americans are not the enemies – the enemies are those who call us liberty-loving, constitution-waving, gun-carrying, heirloom-seed storing people dangerous.  We are just fulfilling our duty to hold our representatives feet to the fire.

We are fighting back.  We are winning.  The reason is that WE ARE NOT THE ENEMIES, we are seekers of truth and people who are willing to stand up for our God-given rights. Carry on!

Read the creation of our leadership in D.C. here:  http://www.govtrack.us/congress/billtext.xpd?bill=s112-1698

Reference: http://www.addictinginfo.org/2012/01/06/new-bill-known-as-enemy-expatriation-act-would-allow-government-to-strip-citizenship-without-conviction/

Another Resource:  http://www.thenewamerican.com/usnews/politics/10512-bill-would-strip-citizenship-from-any-engaging-in-hostilities-against-us

The Death of the Tea Party & The Republican Establishment?

A Warning to the Ego-Agenda Hypocrites

August 3, 2010 – Colorado Springs, CO – Tonight I had the chance to visit a Coalition for a Conservative Majority (CCM) meeting in Colorado Springs.  I went with a non-partisan organization that represents liberty – traveling across the country to educate people with materials that include the Constitution of the United States.  Prior to the meeting we sat down for a conversation with the leader of this group, Bradford Collins.  While he continually plugged a local newspaper called “The Constitutionalist Today”, I figured it was my duty, as a citizen, to ask if this paper had any political affiliation (in theory, the media should be non-partisan, in my opinion).  When I asked Mr. Collins this, he promptly replied that “No” they are not non-partisan – they are “partisan” – I guess meaning that they are conservative.  Since all of the public figures (candidates) on the front page were Republican, I was guessing that conservative in this instance probably meant “Republican”.

My fellow organizer and myself had arranged with Mr. Collins to speak briefly about our endeavors – her travels across the country, and my publication and media-model called The Good American Post.  He said we could both have a couple of minutes at the beginning to speak to this group of around 60 people.  Introductions were made, and when it came time for me to have a moment to stand up and speak to these people about our company, dedication to liberty, and love of free markets – I was ignored.  I had raised my hand at the beginning of the meeting – indicating that I was from “press” other than The Constitutionalist Today – so I am sure he knew that I was still in the room and still wanted a chance to address the crowd, since I was the one who coordinated for this organization to be there.  But I was forgotten.  I stood there – silenced.

Prior to this, while sitting at this table with Mr. Collins, I went to the restroom and was told that while I was gone that he took my purse and notebook away from my seat, sat it on a distant stand for food-trays, and gave my seat away to someone else.  Being a fairly humble and forgiving human being, I wrote it off for a simple mistake from an oblivious individual.  A mistake that I, too, although a young female, am also a human and a citizen that deserves a seat at a meeting (and that my personal property (e.g. purse) should not be infringed upon.

I had my Good American Posts in hand, ready to quickly address the crowd, excited to tell them about what I had started July 4th of 2009 as an effort to create a medium to educate our readership about capitalism and community – an effort that has been successful because we reach audiences of every demographic and every political affiliation.  We appeal to “the people” because we are non-partisan and focus on solutions instead of the problems. People across the country love us – and we are a vehicle to help educate our communities about how to make a positive difference.  I guess that I must have been a threat to these people who stood before me – the “leaders” of this organization and this movement – that included Mr. Collins, Michelle Morin (Mom4Freedom), and the publisher of The Constitutionalist Today, Lana Fore-Warkocz.  They were before me, they saw me, they knew I was there – I was ignored.

I am 28 years old.  I represent the next generation of leaders.  These people should be thrilled to see a young entrepreneur who is embracing and fighting for liberty.  Instead, I was shunned.  Because I have this publication, because I am unaffiliated with any political party, I guess I am some type of threat to their (apparently) Republican establishment.  A threat to this group.  A threat to this partisan paper that was the only press promoted at this event.

Tears weld up in my eyes.  These are our leaders?  Are these people standing at the front of the room the people that will save our country?  Why won’t they let me speak about media that has proven its success – The Good American Post – that brings people together from all political spectrums because we appeal to Americans – not Republicans, or Democrats, or Libertarians – but to We The People?  Why won’t they let a young female have a moment to speak?

I’ve heard that the publisher of The Constitutionalist Today calls her paper the “paper of the Tea Party”.  The authors and board members of this publication, who stood before me at the CCM meeting this evening do a very good job of telling people how much they love liberty.  However, their purposeful ignorance of my presence and desire to speak, in addition to taking away my “place at the table” (literally), proves to me one thing.  If these are the “leaders” of the Tea Party movement – we are doomed.  All they care about is their own pocketbooks, their own media, and their own agenda.  Another part of the machine.  They scream liberty, but it is an act – they are lying to us and they have lied to me.

These people who call themselves leaders and patriots that use the tree of liberty to try and squash the voice of a young patriot because she is supposedly a threat to their revenue streams are appalling and a detrimental component to the liberty movement.  It started a long time ago – the people who smile politely, clap quietly, and scoot away the independent voices that hold in their hand what could save a country.  Now I know what Sarah Palin meant when she said “Many of us are not going to sit down and shut up, we’re going to say ‘No we do not like it…”.

What we fight for is liberty.  What we fight against is an establishment – the establishment is our tyranny – the establishment is the false-God, saying that they know best while silencing the voice of independence and freedom.

As we left the meeting, a police officer who had just finished pulling over a car and writing them some type of ticket (“feeding” as we like to call it), sped past a man on the side of the road with a vehicle that was obviously broken down.  It concluded the day.  Where are the people extending their hand to good Americans?  Where are the people that hold out their hand in the name of love and liberty?  Where are the people that are for We The People?

– Tisha T. Casida

Casida is the founder of The Good American Post and currently resides in Southern Colorado.  Her company is dedicated to free markets, new media, and liberty. You can find out more at http://www.goodamericanpost.com

Lt. Col. Allen West – Let Freedom Ring

Good American Post – Staff Reports

Operation “Go West” – the campaign for retired Lieutenant Colonel, Allen West, is where you will find this message, “2010 will present a historic opportunity to reclaim our America. We are at a crossroad where only you can help us become that ‘city on a hill’ that is the American ideal and the American promise.”

We have heard this before – all candidates have such rhetoric.  What makes Allen West so different?

Let’s start with the fact that he can eloquently explain topics that are important and urgent, and appears willing to fight for what is right – not necessarily what is popular.  Interview after interview, West coherently answers questions about our domestic issues and international issues.  He can quickly quote and refer to SunTzu, the Koran and Plato, to name a few historic resources.  He is not afraid to call people out for committing actions that harm our republic and liberty.  His replies to questions are detailed, and researched – making our current politicians look exactly like that – politicians – not representatives of our Republic.   West is a man who has actually studied the problems, and is informed enough to make decisions by taking positive actions to make a difference!  This isn’t just rhetoric, it’s what makes this candidate so different.

He is a man who loves his country and believes that people should be judged by the content of their character, not the color of their skin (King, 1963).  West says to an audience, “I don’t see myself as African-American, Black-American – I see myself as an American”.  He goes on to say “…I am very proud of the heritage of my parents, I am very proud of the heritage of my people, but if you stick a knife in me, it’s gonna come out red, white and blue…” (see the video here: http://www.youtube.com/watch?v=SxB75lVN1us).

He excelled in the military, serving our country for 22 years.  His honors include: a Bronze Star, three Meritorious Service Medals, three Army Commendation Medals (one with Valor), and a Valorous Unit Award.  Badges that he proudly wears include: Army Master parachutist badge, Air Assault badge, Navy/Marine Corps parachutist insignia, Italian parachutist wings, and the German proficiency badge (Bronze award).  Lt. Col. West has put his life on the line for our country and freedoms.  The people that he meets around the country who have a connection to our armed forces, can appreciate a man of West’s caliber and strength.  The freedom and liberties that we are trying to save today should reflect the men and women who have already given their lives for this country, as well as those who are serving in our armed forces now.  We owe it to them to be informed by standing up for liberty.

Lt. Col. West appeals to a large base of voters who love this country for what it stands for and the constitutional principles it was built upon.  West is dedicated to liberty, the constitution, and free markets.  His campaign embraces his love of country, as well as his love of life.  West is an avid distance runner and PADI Master certified SCUBA diver.   He likes riding motorcycles and attending church, all American values and a lifestyle we should admire.

Listening to Lt. Col. West speak and interact with thousands of community members, it’s clear that he is probably one of the most qualified candidates for any office, including President of the United States.  However, upon digging deeper, and going beyond his amazing love for country, community, and prosperity, we have found that, in fact, he is indeed true to his word, with an intriguing background and dedication to freedom.

We could use about 534 more of them in our House of Representatives and Senate.  Please take the time to look at his campaign here: http://allenwestforcongress.com

Reference:

King, M.L. (1963, August 28). I Have a Dream. Address at March on Washington. Retrieved on July 1, 2010 from http://www.mlkonline.net/dream.html.

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