AN ADVERSARIAL RELATIONSHIP
TO THE BELLIGERENT!
As we near the 21st century, we should be celebrating the advances of liberty and freedom intended for us by the American Constitution. Instead, a few of us are in the trial and error stage of learning what our Rights are and how to use them [see the following essay, "Generic Plea, Criminal"], while most of us sit passively while our Rights are eroded and erased by our own government.
Although government promotes itself endlessly as our indispensible "protector" and principle guardian of our Constitutional Rights, it's not true. Nevertheless, that self-promotion has effectively conditioned most Americans to believe our Constitutional Rights are respected and vigorously protected by government and public servants. Unfortunately, only a few people realize that government does not automatically protect our Rights, that our inclination to trust government is dangerously misguided, and that our ignorance of our Rights encourages government to abuse those Rights.
The founding fathers recognized the relationship between any government and its citizens is at best ADVERSARIAL: individual Rights (freedoms) are inversely proportional to government power. The more power the government has, the less Rights you have. Government can't grow in size or power except at the cost of our individual Rights and freedom. The founding fathers also realized that all governments seek to expand their powers and are therefore driven to diminish their citizen's Rights. Hence, the Constitution was written to both limit government and maximize our individual Rights.
In truth, the American Constitution is essentially an anti-government document. The Constitution's principle purpose is not simply to specify our individual Rights, but to shield us from the single organization that will always pose the greatest threat to those Rights (not the Redcoats, Communists, or drug dealers): our own government. That's why we have three branches of government, checks and balances, elections every two years, the opportunity to call constitutional conventions, the Right to jury trials, and the Right to keep and bear arms - each political mechanism was designed to empower the public to restrict government and thereby to protect the people against government's inevitable urge to tyranny.
If the principle enemy of any people is their own government, and if the principle defender of the American people is the American Constitution, then it follows that the first enemy of our government is our Constitution. Government understands this conflict, but tries to conceal it from the public by claiming to be the only interpreter and protector of the Constitution. But if only the government interprets the Constitution, then those interpretations are typically biased to empower government -- the Constitution's archenemy -- at the expense of the people.
Given the conflict between government and our Constitution, it follows that: 1) the government is not interested in protecting the Constitution; 2) although the government uses the Constitution to legitimize itself, it's principle interest is in DESTROYING the Constitution; and 3) that the only party able to truly protect and defend YOUR Rights is YOU.
Sound far-fetched? It's not. Even the courts agree.
ONLY BELLIGERENTS HAVE RIGHTS
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted npon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus." [Emphasis added]
Better go back and re-read that extraordinary verdict. And read it again. And commit it to memory, for it succinctly describes the essence of the American legal system.
The court ruled that the Constitutional Right against self-incrimination (Article V of the Bill Of Rights) is NOT automatically guaranteed to any citizen by any government branch or official. Moreover, despite the government's usual propaganda, this Right is NOT available to all persons: It is not available to the "passive", the "ignorant", or the "indifferent". Nor can this Right be claimed by an attorney on behalf of his client. The Right against self-incrimination is available only to the knowledgeable, "belligerent claimant", to the individual willing to engage in "sustained combat" to FIGHT for his RIGHT.
Government is obligated to recognize your Constitutional Right against self-incrimation only if you fight for that right. Our courts are free to ignore this Right for any citizen who is 1) ignorant of his Right and/or 2) lacks the courage to fight for his Right. Therefore, anyone who trusts the courts (or even his own lawyer) to protect his Constitutional Right against self-incrimination is a fool and may pay a fool's price.
IF ONE, WHY NOT ALL?
In fact, your ignorance or passivity legally empowers your adversary to exploit you in court. If the opposing side tries to railroad you and ignore your Constitutional Rights, the judge is not obligated to protect your Rights. This is particularly true in cases where your opponent is the government (a District Attorney, for example, or the I.R.S.). This is seen repeatedly when the sheep are led into our courts, sheared, bled, and butchered under the kindly gaze of the presiding judge.
That's the way our courts really are: The ignorant and the passive can be routinely railroaded and abused without ever understanding that the cause for their abuse is their own ignorance or cowardice.
Our cowardice and fear of the courts typically entices us to "play nice" with the judge. But that's exactly the wrong strategy because by "playing nice", we become accomplices in our own destruction. By not objecting and defying the courts, we implicitly approve, validate, and accept whatever injustice the court cares to dispense on our lives. By not fighting, we give the government license to destroy us.
The key to a successful defense of our Rights is not to kiss up to the judge with yes-your-honor's, no-your-honor's, and pray-the-court's, but to stand up and belligerently defy the system.
EDUCATED WARRIOR - THE ANTIDOTE FOR APATHY
Ignorance makes the public more "manageable" in the courts and in confrontations with the government. Insofar as government naturally seeks to expand its powers at the expense of the citizen's Rights, government has a vested interest in the public's ignorance and consequent apathy. The interest in expanding its powers encourages the government to provide little, no, or even false, education on what our Rights should be.
So first, you must learn your Constitutional Rights. If you don't know your Rights are, you can't "fight" for them.
Second, given the reality of American education, you can't rely on the state to teach you your Rights. Therefore, you must study, learn, and EDUCATE YOURSELF.
Third, teach your friends and neighbors. It's not enough to know YOUR Rights. You must also know and respect your neighbor's. Like-wise, your neighbor must learn to know and respect his, and your Rights, too. Our chances of compelling government to concede our Rights are hugely improved when the general public also understands and respects those Rights.
Fourth, knowledge alone is not enough: once you know your Rights, find the courage to fight for them. Courage ("belligerence") is the final requirment to secure your Rights. Fight for YOUR Rights, and more, learn to respect others, no matter how seemingly bizarre, who also fight for THEIR Rights. [Because] make no mistake -- anyone who's fighting for HIS Rights, is also fighting for YOURS. He's entiled to your respect.
Fifth, don't trust the government. Recognize the true nature of a citizen's relationship to government is ADVERSARIAL. All governments naturally seek to expand their powers at the cost of their citizen's Rights. This has been true since time began and will not change in this life. You have what they want: personal power (and as consequence, freedom from government authority). Trust the government and you will be enslaved.
THE CARROT IS MIGHTIER THAN THE STICK
This is America, boys and girls. It's not a piece of land, it's a political miracle -- the only nation in the world with an anti-government Constitution. But this miracle is conditional and dependant on the knowledge, courage, and self-reliance of its citizens. Freedom will not flourish in a nation of ignorant fools and irresponsible weaklings. To live free takes knowledge, nerve, and personal responsibility.
Don't have time to educate yourself on your Rights [and learn some Law]? Don't have courage enough to fight for your Rights? Want to "play nice" and trust your government? Then you are a lousy excuse for an American. You will lose your Rights AND your freedoms and rightfully so. [In fact, you will be contributing to the loss of OUR Rights and OUR freedoms also - for by not standing up for YOUR Rights, you are condemning ALL AMERICANS to the loss of ALL OUR RIGHTS! -BeWISE]
NO FREE LUNCH
Charley Reese's final column
Just a Friendly Reminder
A very interesting column. COMPLETELY NEUTRAL
Be sure to Read the Poem at the end.
Charley Reese's final column for the Orlando Sentinel.
He has been a journalist for 49 years.
He is retiring and this is HIS LAST COLUMN.
Be sure to read the Tax List at the end.
This is about as clear and easy to understand as it can be. The article below is completely neutral, neither anti-republican or democrat. Charlie Reese, a retired reporter for the Orlando Sentinel, has hit the nail directly on the head, defining clearly who it is that in the final analysis must assume responsibility for the judgments made that impact each one of us every day. It's a short but good read. Worth the time. Worth remembering!
545 vs. 300,000,000 People
- By Charlie Reese
Politicians are the only people in the world who create problems and then campaign against them.
Have you ever wondered, if both the Democrats and the Republicans are against deficits, WHY do we have deficits?
Have you ever wondered, if all the politicians are against inflation and high taxes, WHY do we have inflation and high taxes?
You and I don't propose a federal budget. The President does.
You and I don't have the Constitutional authority to vote on appropriations. The House of Representatives does.
You and I don't write the tax code, Congress does.
You and I don't set fiscal policy, Congress does.
You and I don't control monetary policy, the Federal Reserve Bank does.
One hundred senators, 435 congressmen, one President, and nine Supreme Court justices equates to 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.
I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered, but private, central bank.
I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman, or a President to do one cotton-picking thing. I don't care if they offer a politician $1 million dollars in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator's responsibility to determine how he votes.
Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.
What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits. The President can only propose a budget. He cannot force the Congress to accept it.
The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House? John Boehner. He is the leader of the majority party. He and fellow House members, not the President, can approve any budget they want. If the President vetoes it, they can pass it over his veto if they agree to.
It seems inconceivable to me that a nation of 300 million cannot replace 545 people who stand convicted -- by present facts -- of incompetence and irresponsibility.. I can't think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.
If the tax code is unfair, it's because they want it unfair.
If the budget is in the red, it's because they want it in the red.
If the Army & Marines are in Iraq and Afghanistan it's because they want them in Iraq and Afghanistan.
If they do not receive social security but are on an elite retirement plan not available to the people, it's because they want it that way.
There are no insoluble government problems.
Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like "the economy","inflation," or "politics" that prevent them from doing what they take an oath to do.
Those 545 people, and they alone, are responsible.
They, and they alone, have the power.
They, and they alone, should be held accountable by the people who are their bosses.
Provided the voters have the gumption to manage their own employees.
We should vote all of them out of office and clean up their mess.
Charlie Reese is a former columnist of the Orlando Sentinel Newspaper.
What you do with this article now that you have read it is up to you. This might be funny if it weren't so true. Be sure to read all the way to the end:
Tax his land,
Tax his bed,
Tax the table,
At which he's fed.
Tax his tractor,
Tax his mule,
Teach him taxes
Are the rule.
Tax his work,
Tax his pay,
He works for
Tax his cow,
Tax his goat,
Tax his pants,
Tax his coat.
Tax his ties,
Tax his shirt,
Tax his work,
Tax his dirt.
Tax his tobacco,
Tax his drink,
Tax him if he
Tries to think.
Tax his cigars,
Tax his beers,
If he cries
Tax his tears.
Tax his car,
Tax his gas,
Find other ways
Taxes to pass
Tax all he has
Then let him know
That you won't be done
Till he has no dough.
When he screams and hollers;
Then tax him some more,
Tax him till
He's good and sore.
Then tax his coffin,
Tax his grave,
Tax the sod in
Which he's laid...
Put these words
Upon his tomb,
'Taxes drove me
to my doom...'
When he's gone,
Do not relax,
Its time to apply
The inheritance tax.
Accounts Receivable Tax
Building Permit Tax
CDL license Tax
Corporate Income Tax
Dog License Tax
Federal Income Tax
Federal Unemployment Tax (FUTA)
Fishing License Tax
Food License Tax
Fuel Permit Tax
Gasoline Tax (currently 44.75 cents per gallon)
Gross Receipts Tax
Hunting License Tax
IRS Interest Charges IRS Penalties (tax on top of tax)
Marriage License Tax
Personal Property Tax
Real Estate Tax
Service Charge Tax
Social Security Tax
Road Usage Tax
Recreational Vehicle Tax
State Income Tax
State Unemployment Tax (SUTA)
Telephone Federal Excise Tax
Telephone Federal Universal Service Fee Tax
Telephone Federal, State and Local Surcharge Taxes
Telephone Minimum Usage Surcharge Tax
Telephone Recurring and Nonrecurring Charges Tax
Telephone State and Local Tax
Telephone Usage Charge Tax
Vehicle License Registration Tax
Vehicle Sales Tax
Watercraft Registration Tax
Well Permit Tax
Workers Compensation Tax
STILL THINK THIS IS FUNNY?
Not one of these taxes existed 100 years ago, and our nation was the most prosperous in the world. We had absolutely no national debt, had the largest middle class in the world, and Mom stayed home to raise the kids.
What in the heck happened? Can you spell 'politicians?'
I hope this goes around THE USA at least 545 times! YOU can help it get there!!!
GO AHEAD. . . BE AN AMERICAN.
If our unalienable rights were truly protected, this wouldn't be a subject.
If the people were free to endeavor on their own behalf without government interference and theft of their labor, they'd have no need of entitlements.
It's an unconstitutional redistribution of wealth intended to make the general populace dependent on and subservient to the government.
"The only true law is that which leads to freedom," Jonathan said.
"There is no other"
~ Jonathan Livingston Seagull - a book by Richard Bach
Bill of Rights ~ Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The People divided against each other
No one was prosecuted