Judicial Fallacies That Promote Tyranny

Three fallacies articulated by Chief Justice Charles Evans Hughes in his article The Court and Constitutional Interpretation, and promoted by the judges, lawyers and others who desire a national government with unlimited powers at the expense of the states and the people are quoted below.

I’ll address each judicial fallacy in turn starting with –

Independent

“The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government.” (Emphasis added)

Judicial independence implies freedom from interference or control by either the legislative or the executive branch of the federal government. However, nothing could be further that the truth – constitutionally if not in reality. The powers of the Supreme Court and the lesser courts may be enumerated in the Constitution, but makeup, number and members are determined by the legislative branch with nominations coming from the executive.

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Feds Instruct Law Enforcement to Cover Up Investigations of Americans

Agencies of the federal government are sharing the massive database of personal information being obtained by surveillance, and police are being taught how to hide the details from judges and lawyers, a Reuters report reveals.

The documents obtained by Reuters:

show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence — information that could reveal entrapment, mistakes or biased witnesses.

There is nothing more fundamental to the pursuit of justice than due process, and there is no principle suffering from more sustained attacks from all fronts.

From unwarranted wiretaps to the indefinite detention under the National Defense Authorization Act (NDAA), the federal government is consistently depriving Americans of the right of due process guaranteed by the Constitution.

The Fifth Amendment to the Constitution mandates that “no person shall be deprived of life, liberty, or property without due process of law.”

This amendment is a protection of a timeless principle of liberty and justice. In fact, due process as a check on monarchical power was included in the Magna Carta of 1215. This list of grievances and demands codified the king’s obligation to obey written laws or be punished by his subjects. Article 39 of the Magna Carta says: “No freemen shall be taken or imprisoned or disseised [dispossessed] or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”



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Grand Bargains and Budget Battles

The “Grand Bargain” refers to a yet-to-be-realized agreement between Republicans and Democrats to put the federal government’s finances on a more stable trajectory in which both sides capitulate on long-standing policy positions. For Republicans, that means agreeing to more tax revenues. For Democrats, it means agreeing to reduction in entitlement program benefits.

(Ignore the new “grand bargain” proposed by the president on Tuesday, which called for meager corporate tax reform in exchange for blowing more taxpayer money on the administration’s favorite bad ideas. The offering was a DOA political stunt.)

The “Grand Bargain”—as originally understood—hasn’t happened and it’s not going to anytime soon. A group of eight Republican senators has reportedly been discussing a possible deal with the White House, but similar efforts in the past have gone nowhere and the political landscape remains unchanged: Republicans control the House; Democrats control the Senate and White House. With the 2014 elections looming on the horizon, the House isn’t going to raise taxes and the Senate will continue to be in no hurry to touch entitlements.

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Action Alert: Nullify Federal Gun “Laws” Locally in Georgia

Even in Georgia, where state lawmakers seem to have little interest in opposing federal acts violating the Second Amendment, you have the opportunity to stop federal gun control. And no, it doesn’t rely on your state legislature!

You can nullify unconstitutional acts infringing on the right to keep and bear arms, right now, today – at the local level.

In order to take this to the next level and get a victory, your action is needed right now.  Starting today, and all the way through the rest of the year, local governments around the state need to be pressed to take a similar action – passing legislation in support of the right to keep and bear arms and refusing to cooperate with the feds locally.  And at the same time, calling on the state legislature to do the same.  When the state is blanketed with local communities willing to nullify violations of the Second Amendment, the state legislature will be on notice.  Do your job, or else.

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce an ordinance in support of the Second Amendment.

local ordinance here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms

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Rekindling the American Revolution

If we want to reclaim American freedom, there are no shortcuts.  There is no petition to Washington that will solve our problems.  There is no champion to win the White House and set us free.  The path to American freedom begins in our own states, our own communities, our own homes, and our own minds.

For as long as the people of this country are willing to tolerate tyranny, tyranny will continue to thrive.

In this letter to H. Niles, John Adams tells us the true foundation of American freedom.

“…But what do we mean by the American Revolution? Do we mean the American war? The Revolution was effected before the war commenced. The Revolution was in the minds and hearts of the people;…

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‘We’re Actually in Charge’

This past month I had the great privilege of attending the Ludwig von Mises Institute‘s summer program, Mises University. The week-long seminar in Austrian economics featured some of the best minds in free market academia and the most dedicated proponents of individual liberty. Among the lectures was “The Economics of the Drug War,” taught by Mark Thornton.

Primarily a course on the economics of prohibition, he spent some time on the recent efforts of state nullification via medical marijuana, and on the recreational use of pot in Colorado and Washington last year. Dr. Thornton explains not only the method by which state legislatures refuse to comply with unconstitutional and inhuman federal meddling, but he also covers the ways an individual can exercise restraint on federal overreach through jury nullification.

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Paying Tribute

The steps taken to consolidate the states into one homogeneous “nation” range from capitalizing on the complete ignorance of two words in the Supremacy Clause (pursuance thereof) all the way to the distorted doctrine of incorporation. And each layer of usurpation erodes the constitutional structure laid down by the founders.

However, the easiest way to get the states to do the bidding of a central government and destroy a union of sovereign states is not found in a bastardized interpretation of one sentence in the Constitution or Supreme Court legal gymnastics. Erosion of state sovereignty is much simpler.

It’s all about the “free money!!!”

What kinds of “free money” does the federal government slosh around? The feds use subsidies, grants, loans, drones, SWAT tanks, healthcare, and even defense contractor related jobs to bribe state and local governments to do their bidding.

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Where are Today’s Sons of Liberty?

We talk a lot today about how the Constitution no longer means what it used to and it no longer protects individual freedom and liberty as it used to. We say this because a government of limited and defined powers has steadily and without apology become a government of broad and undefined powers.  When a state should happen to assert its sovereignty and challenge the usurpation of power, the federal government issues a letter threatening to take them to court. The government knows that what the Constitution won’t allow it to do, the courts will.

But the situation is far more serious than what we thought.  Yes, our Constitution is and has been under attack. And yes, the relationship between the individual and the government has been fundamentally altered. But the document that perhaps may be even more significant to us as Americans, the Declaration of Independence, is also under attack. The attack, if we want to be intellectually honest, started with the man the government touts as the greatest American president Abraham Lincoln.

Just as the Constitution was fundamentally transformed as the American people slept and as they became virtual strangers to their own history and heritage, the Declaration has been eroded because of the same reason.

John Adams once said: “A constitution of government once changed from freedom, can never be restored. Liberty, once lost, is lost forever.”  The American people don’t know how close they are to losing the very gifts they have taken for granted for so long.  We here today will enjoy the last remnants of freedom, but through our actions, our neglect, our spite, and our ignorance we may condemn our children and grandchildren to repurchase it, perhaps with their lives. It may be too late.

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Maryland Action Alert: Nullify Federal Gun Control

Even in Maryland, where state lawmakers seem to have little interest in opposing federal acts violating the Second Amendment, there’s an opportunity to stop federal gun control.  And no, it doesn’t rely on your state legislature!

You can nullify unconstitutional acts infringing on the right to keep and bear arms at the local level. In fact, the local movement to nullify federal gun “laws” has already taken off with Carol, Cecil, and Hartford counties leading the way.

In order to take this to the next level and get a victory, your action is needed right now.  Starting today, and all the way through the rest of the year, local governments around the state need to be pressed to take a similar action – passing legislation in support of the right to keep and bear arms and refusing to cooperate with the feds locally.  And at the same time, calling on the state legislature to do the same.  When the state is blanketed with local communities willing to nullify violations of the Second Amendment, the state legislature will be on notice.  Do your job, or else.

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce an ordinance in support of the Second Amendment.

local ordinance here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms

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