Sunday, April 07, 2013
Our Rights Shall NOT Be Infringed ... JB Williams
Our Rights Shall NOT Be Infringed
By JB Williams
In the end, our rights shall NOT be infringed! PERIOD!
The subject of our inalienable rights, protected by the US Constitution, the Bill of Rights and State Constitutions, is simple. the right of the people to keep and bear Arms, shall not be infringed.
Why? Because, a well-regulated Militia is necessary to the security of a free State and a free people.
A Free State
A state which is subservient to any supreme central power is not a free state. Our Founders created a Constitutional Representative Republic, not a democracy. The thirteen original colonies and the balance of the states by ratification, created a federal government via a compact known as the U.S. Constitution, and further protected states and individual rights via the Bill of (inalienable) Rights.
The people, via their states, assigned certain specific and limited duties to the federal government they created, along with the limited authority to carry out those duties.
The Ninth Amendment states unequivocally The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Tenth Amendment states without reservation The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And the Second Amendment to the Constitution states without any ambiguity A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Shall NOT Be Infringed
The following inalienable rights shall not be infringed
· The free exercise of religion
· Free speech
· A Free press
· The right of the people peaceably to assemble
· The right of the people to petition the Government for a redress of grievances
· A well-regulated Militia
· The right of the people to keep and bear Arms
· The right of the people to be secure in their homes
· The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures
· No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury
· nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb
· nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law
· nor shall private property be taken for public use, without just compensation
· In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law
· and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
· In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law
· Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
A condition of passage of the U.S. Constitution was the immediate passage of additional prohibitions to the federal government, known as our Bill of Rights. In addition to countless individual rights as a free people, these rights are specified as inalienable rights. These rights shall not be infringed PERIOD
The Ninth Amendment exists as absolute affirmation that the people retain all the rights of a free people. The Tenth Amendment exists so that State Governments can and shall protect the rights of the people and their state when the federal government becomes abusive towards the states and the people.
There is not one way to infringe upon the rights of the people or the states. There are two ways in which the federal government can infringe upon the rights of the people or their states. To infringe is To break, as contracts; to violate, either positively by contravention, or negatively by non-fulfillment or neglect of performance.
1. The federal government can infringe upon the inalienable rights of the people or their state by taking positive action from one of the three federal branches, which directly interferes with these rights.
2. The federal government can also passively infringe upon these rights by failing to carry out its assigned duties in a manner which results in the interference of the right of the people or the state.
EXAMPLE # 1 When the federal government attempts to interfere in any way with the right of the people to keep and bear arms, it is taking an affirmative action which is a direct infringement upon the peoples Second Amendment right.
EXAMPLE # 2 When the federal government fails to enforce existing immigration and naturalization laws, by non-fulfillment and neglect of performance, it is infringing upon the rights of the states and the people to be secure in their home, their country.
A Time for Intolerance
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
So it is that the American people have indeed tolerated many infringements upon their rights over the years since the passage of the U.S. Constitution and Bill of Rights. Their silence has been a mark of tolerance, not acceptance.
The moment in history when federal assaults on the peoples rights have become insufferable, has arrived.
Although the many usurpations of power have taken place over an extended period involving numerous administrations, combined, they pale by comparison to the overt assaults on American sovereignty, security, freedom and liberty that have taken place over the last four years.
The rapid decline in America started at the 2006 election in which progressive Democrats seized both houses of congress and sat congressional Republicans on the sidelines. The election of a blatantly unconstitutional White House resident in 2008, left the reigns of our once great nation solely in the hands of progressive Democrats. They have worked around the clock to destroy The United States of America ever since.
The election of Tea Party Republicans in 2010 delivered a net zero gain for the country, as those Republicans were inexperienced and ill-prepared for the battle they would face in the political sewer known as Washington DC.
One Remaining Peaceful Opportunity
whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness.
The federal government is not The United States of America. The fifty member states and more than three-hundred million legal American citizens are The United States of America.
The states created the federal government and the states can alter or abolish the federal government at will. The People are The United States of America.
Freedom and liberty is an American concept and the right of every American. Most Republicans are pro-freedom and liberty. So are most Democrats.
But our federal government has become destructive of that end. Neither the Republican National Committee nor Democrat National Committee is pro-freedom and liberty today.
What should the people do?
The rights of the people shall be protected by the states under the Ninth and Tenth Amendments. The people must work with their state governments to erect Tenth Amendment protections at the state level, making it possible for the state to block unconstitutional acts of the federal government via peaceful legislative processes.
For freedom and liberty to exist, there must be a delicate balance of political powers restricting the authorities of government so that those governmental bodies operate in the interest of freedom and liberty. Once the balance of power is lost, it can only be regained at the state level via the people.
Our Constitutional Republic was designed with both a horizontal and vertical separation of power. The federal government is made up of three co-equal branches, executive, legislative and judicial. None of the three has supremacy over the other. Thats the horizontal separation of powers at the federal level, intended to keep all three branches in constitutional check and balance.
The vertical balance of powers is divided between federal, state, county and local powers and the Tenth Amendment to the U.S. Constitution defines the separation of state and federal powers as follows The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The powers delegated to the executive branch of the federal government are defined in Article II of the US Constitution.
The powers delegated to the legislative branch of the federal government are defined in Article I of the US Constitution.
The powers delegated to the judicial branch are defined in Article III of the US Constitution.
All other power belongs to the states and the people under the Ninth and Tenth Amendments of the US Constitution.
The rights of the people and the states shall NOT be infringed . PERIOD
The people must restore the proper balance of powers in order to restore their Constitutional Republic. They can only do this at the state level today and time is running short.
The people must take appropriate actions to regain control of their states in order to regain control over their federal government, or their nation, freedom and liberty will be lost.
Founder John Adams said it best A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever.
Fight peacefully, through appropriate state actions, or lose freedom and liberty forever
Our Rights Shall NOT Be Infringed
JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, writer and a business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization preparing to take on American's greatest legal battles. Williams receives mail at: firstname.lastname@example.org