|U.S. Supreme Court Permits "Unauthorized Deprivations" and Thereby Declares War Against the People of the United States|
US Supreme Court Permits "Unauthorized Deprivations" and thereby Declares War Against The People of the United States.
Compare http://www.china-embassy.org/eng/7068.html with the following:
Abraham Lincoln said "Let [Law] be preached from the pulpit, proclaimed in legislatures, and enforced in courts of justice."
President Abraham Lincoln stated that IF the Federal Government violated a Constitutional Right of any State or of its People, that State and People would have the Moral and Legal authority to SECEDE from the Union, and/or to wage WAR against the United States. As predicted by George Orwell, the Constitutional rights of the People were disposed of in the year 1984.
In 1984, the Supreme Court made it clear in Oliver v United States, 466 US 170, and Hudson v. Palmer, 468 U.S. 517, that landowners in the several states no longer have any Property rights that Executive Agents of the Federal Government are bound to respect, (see e.g., http://www.law.cornell.edu/ny/ctap/079_0474.htm ) and that the "intentional" commission of "Unauthorized Deprivations" of ___, Liberty and Property by Federal and State Executive agents will not be restrained nor punished.
One scholar describing President Richard M. Nixon's legacy, including his assault upon the Rule of Law, narrowly focuses upon the erosion by the Supreme Court of the debatable rights of persons accused or convicted of crimes: http://www.law.uga.edu/academics/profiles/dwilkes_more/15incredible.html ("We now have U.S. Supreme Court headed by a right-wing extremist, William Rehnquist, who got his start in the Richard Nixon/John Mitchell Department of Justice. [W]e have entered a new era ... some call it the new rehnquisition.")
term 'Rehnquisition' first appeared in a Harvard Law School publication in
the early 1970's." ... The term originally referred to then-Associate
Justice Rehnquist's vision of criminal procedure as indicated in his
judicial opinions--a bizarre, quasifascist world in which
the basic rights and judicial remedies of criminal defendants are
steadfastly belittled and denigrated, and the powers of police and
prosecutors are steadily exalted and expanded. ... These
frightening, alien principles may be summarized as follows. First, lawlessness in law enforcement [i.e., lawlessness in government] is permissible....
In the world of William Hubbs Rehnquist, as in the world of Nazism,
leniency is weakness, adherence to the rule of law is sentimental
claptrap, and the role of the judiciary is not to be the guardian of
rights but to assure that ... lawlessness in [government] go[es]
unpunished. When future generations look back at the Rehnquist
Court, they ... will conclude [that] the highest court in the world ...
favored not liberty, not rights, but death."
But Take Notice, the Supreme Court's destruction of the Basic Rights of the People is no longer limited to coercing and depriving those who are accused of violating Penal statutes written by the People. In 1994, in Albright v. Oliver, 510 US 266, the US Supreme Court, lead by Nixon-appointee Chief-Justice Rhenquist, extended the treasonous "Doctrine" of "Unauthorized Deprivation" to empower Federal or State Executive agents to make-up pretended offenses not prescribed by the People's statutes- empowering them to charge and to subject citizens to coercive "unauthorized deprivations" of Liberty and/or Property. This Doctrine defies the express guarantee(s) "Of Law" written in the US Constitution, and effectively vests in Executive and Judicial agents the (formerly Legislative) Power to coercively dictate what property a citizen may hold, and what particular activities (Liberty) a free citizen will be allowed or forbidden to engage in under penalty of prosecution. The Doctrine gives the Executive and the Courts the Power to coercively Rule the People independently of the Statutes and Laws adopted by their Legislatures through republican representative processes.
In a Republic, Law is "The Consent of the Governed." www.givemeliberty.org/spotlights/archive/March1999/markferran.htm
1803 Chief Justice Marshall noted, in Marbury v. Madison, 5 US (1 Cranch)
137, that "The government of the United States has been emphatically
termed a government of laws, and not of men." But he warned
that "It will certainly cease to deserve this high appellation, if
… Law is incapable of securing obedience to its mandate."
Archibald Cox, reflecting upon the Nixon administration's
intent to establish a lawless form of government, said: ``Whether ours
shall continue to be a government of laws and not of men is now for
Congress and ultimately the American people [to decide].''
The Due Process of Law clause of the Fifth Amendment, explicitly guarantees that Executive agents of the Federal Government shall not commit Unauthorized Deprivations of Life, Liberty or Property. www.givemeliberty.org/spotlights/archive/March1999/markferran.htm
In Dred Scott v. Sandford (1856), Judges opined that the "powers of the Government and the rights and privileges of the citizen are regulated and plainly defined by the Constitution itself" and that that by the Constitution "the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law." Dred Scott. http://www.tourolaw.edu/patch/Scott.
Process of Law is the "general law, operating equally upon every
member of our community, which the words 'by the law of the land,' in
Magna Charta, and in every subsequent declaration of rights which has
borrowed its phraseology, make essential to the safety of the citizen, securing thereby both his liberty and his property, by
preventing the unlawful arrest of his person, or any
unlawful interference with his estate.' ... Chancellor KENT, (2
Comm. 13,) adopts this mode of construing the phrase. Quoting the language
of Magna Charta, and referring to Lord COKE's comment upon it, he says:
'The better and larger definition of due process of law is that it
means LAW in its regular course of administration through courts
of justice.' This accords with what is said in Westervelt v. Gregg, 12 N.
Y. 202, by DENIO, J., p. 212: 'The provision was designed to protect the
citizen against all mere acts of power, whether flowing from the
legislative or executive branches of the government.' ...
And in Walker v. Sauvinet, 92 US 90 the court said: 'A state cannot
deprive a person of his property without due process of law.... Due
process of law is process according to the law of the land.
This process in the states is regulated by the law of the
state.' ... Law is something more than mere will exerted as an act
of power. It must be not a special rule for a particular person or a
particular case, but, in the language of Mr. Webster, in his
familiar definition, 'the general law, a law which hears
before it condemns, which proceeds upon inquiry, and renders judgment only
after trial,' so 'that every citizen shall hold his life, liberty,
property, and immunities under the protection of the general rules which govern society,' ... Abritrary power, enforcing its
edicts to the injury of the persons and property of its subjects, is
not law, whether manifested as the decree of a personal monarch or
of an impersonal multitude. And the limitations imposed by our
constitutional law upon the action of the governments, both state and
national, are essential to the preservation of public and private rights,
notwithstanding the representative character of our political
institutions. The enforcement of these limitations by judicial process is
the device of self-governing communities to protect the rights of
individuals and minorities, as well against the power of numbers, as
against the violence of public agents transcending the limits of
lawful authority, even when acting in the name and wielding the
force of the government."
"As we explained in Hurtado, 'bulwarks' of protection such as the Magna Charta and the Due Process Clause 'guarantee not particular forms of procedure, but the very substance of individual rights to life, liberty, and property.'" http://supct.law.cornell.edu/supct/html/92-833.ZD.html
“The citizens are the authors of the LAW ... because the Law derives its AUTHORITY from the CONSENT of the public, expressed through the democratic process.” 628 F.2d 730, 734 (1st Cir. 1980).
Government "derives its authority [to act and to enact rules] from the same pure and sacred source as itself: the voluntary and deliberate choice of the people. ... Laws derived from the pure source of equality and justice must be founded on the CONSENT of those whose obedience they require. " Chisholm v. Georgia, 2 U.S. 419 (1793).
If a ruler has no duty to refrain from intentionally committing an "unauthorized deprivation" of a person's life, liberty, or property, then that person is not a "citizen" in a Republic, but merely a "subject" or a "slave." Acts 22.24-23.11
A "Citizen" is protected by the Constitution from Random and UNauthorized deprivations, BUT a "'slave" is by definition a "subject" who has no Constitutional rights that Executives and Judges are "bound to respect." Dred Scott. "A subject ... hath no way to oblige his Prince to give him his due. " Chisholm.
Pursuant to the US Constitution, a "citizen" of a "Free State" has the "right to resist" an unauthorized deprivation of life, liberty, or property, and "to keep and carry arms" for that lawful purpose. Dred Scott. "[I]t being reasonable and just [that] I should have a right to destroy that which threatens me with destruction." (Locke, Second Treatise of Civil Government, 14)
The only remedy associated with an injury to a "slave", was "compensation" (to his master). The Thirteenth Amendment, a result of the first american Civil War, provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Therefore, the million or more slaves in our prisons today who "have been duly convicted" of "crime" are not supposed to enjoy the SAME rights (to have Liberty, and to hold Property) as free citizens expect to enjoy. The Form of Government existing inside our prisons is not a Republic, and rarely resembles a Government of Laws- and the inmates have no "right to resist" the Will of their Masters.
Until about 1950, American law schools taught that: "Constitutional government is a government by law. The office of the state is to establish and maintain laws." Henry Campbell Black, American Constitutional Law §70 (4th ed., West Pub. 1927). They also taught: "Due process of law requires, first, the legislative act authorizing the [depriv]ation, pointing out how it may be made... etc."
These original principles of the People subsequently went out of favor with "law professors," and are no longer found written in any common "law school" textbooks. By the 1970s, Attorney Richard M. Nixon and his associates including (now-Chief Justice) William Rhenquist endeavored to establish a different Form of Government that can act against the People totally unconstrained by Law (and therefore operate outside and beyond the Consent of the Governed). They have now accomplished that.
In Hudson v. Palmer (1984) and Parratt v. Taylor (1981), etc., the US Supreme Court opined that the Constitutional rights of Free Citizens and of Slaves (prisoners) to hold property shall henceforth be the SAME in the United States, and that free citizens shall be governed like the slaves- by the same Form of "random and unauthorized" government which operates efficiently inside our prisons. The Court opined that no Executive or Judicial officer of the United States nor of the several States who has sworn to uphold the Constitution has any duty under it to "refrain" from "intentionally" committing "random and unauthorized deprivations" of a free citizen's ____, "liberty" or "property." But for this Doctrine, the wilful commission of an unauthorized deprivation of a free citizen's Life, Liberty or Property by a state or federal agent would be punishable as a Federal Crime. 18 USC § 242 http://www.usdoj.gov/crt/crim/242fin.htm
The Doctrine "provide[s] that random, unauthorized deprivations did not violate [the Constitution] if adequate" money is available to pay compensation. http://www.law.utexas.edu/dawson/cases/racing/patin.htm
According to this Doctrine, as confirmed by Chief "Justice" Rhenquist, "Justice" O'Connor, "Justice" Scalia, and "Justice" Kennedy, a government agent's "wanton, unauthorized departure from a [Legislature]'s established policies and procedures, working a deprivation of liberty" or "property" does NOT violate any Constitutional DUTY that must be respected by the agent. (Zinermon dissent) In fact, according to this perverse doctrine, "The wanton or reckless nature of the" unauthorized deprivation is what makes the unauthorized deprivation Constitutionally permissible. Id. The Deprivations which are most permissible under the Doctrine are those that are committed by an Executive agent who has wilfully, "deliberately or recklessly subverted his [the citizen's] rights and contravened" the Law. Id.
This Doctrine is designed to leave every Executive agent of the Federal government free to pursue any "random, unauthorized personal vendetta against the" free citizen, with the financial backing and the full weight of the government's machinery and Lawyers at the Executive agent's disposal. (Zinermon) The Doctrine is designed to empower Executive agents of the Federal Government to "harass or persecute prisoners" AND FREE CITIZENS, under any pretense of authority or without any pretense of lawful authority other than their official titles. (Zinermon) The Doctrine is designed specifically to permit any state or federal government agent to "exceed the limits of his established search and seizure authority," to "wrongfully ... withhold" property," and to otherwise "disregard" and to "flout" the People's Laws. (Zinermon dissent)
According to the Doctrine, an Executive agent of the Government has no Constitutional Duty to "refrain" from committing an "unauthorized Deprivation" if sufficient taxpayer money is "available" from the Government to the person deprived, (or to his heirs), by which he (or they) might "recover] the value of the" Life, Liberty, or Property he has been unlawfully deprived of. http://www.law.utexas.edu/dawson/cases/racing/patin.htm According to the Doctrine of Unauthorized Deprivation, BECAUSE the government has enough taxpayer's MONEY to pay "damages" (e.g., in a "tort action") for any "unconstitutional deprivation" committed by a government official, then "the random and unauthorized act of [government] officials (not pursuant to Law)" is not forbidden by the Constitution. Id. The Doctrine has been expressly extended beyond its initial application to the "property" of incarcerated prisoners, to the property of free citizens, and then extended further "to specifically include deprivations of Liberty interests" of free citizens. Id. The Rhenquist Court has even suggested that a random and unauthorized deprivation of "Life" by government agents is not forbidden by the Constitution. "This doctrine dictates that a state actor's random and unauthorized deprivation of a [free citizen's, Life, Liberty or] property does not result in a violation of [Constitutional rights that will be respected]. http://home.olemiss.edu/~llibcoll/ndms/apr98/98D0052P.html
Under this Doctrine, Executive Agents of the Government are no longer required by their Oath of Office "to follow established stat[utory] procedures [i.e., Law]" when dealing with the Life, Liberty, and Property of citizens. http://csmail.law.pace.edu/lawlib/legal/us-legal/judiciary/second-circuit/test3/97-9411.con.html
The Doctrine empowers every petty tyrant to intentionally falsely accuse a citizen of "crime", even for engaging in purely lawful actvities (such as keeping or displaying arms for lawful purposes), and to thereby "disrupt his employment, drain his financial resources, curtail his associations, subject him to public obloquy, and create anxiety in him, his family and his friends" without authority of Law. http://supct.law.cornell.edu/supct/html/92-833.ZD.html
Doctrine permitting "Unauthorized Deprivations" is as
destructive of the security of Life, Liberty and Property as were the
odious Writs of Assistance, pursuant to which "Every [executive agent
of the government] may reign secure in his petty tyranny and spread terror
and desolation around him, until the trump of the archangel shall excite
different emotions in his soul. [N]ot only deputies but even their
menial servants are allowed to lord it over us." http://www.nv.cc.va.us/home/nvsageh/Hist121/Part2/JamesOtis.html
1761 the validity of the use of the Writs [of Assistance] was contested in
the historic proceedings in Boston. James Otis attacked the Writ
ofAssistance because its use placed 'the liberty of every man in the hands
of every petty officer.' His powerful argument so impressed itself first
on his audience and later on the People of all the Colonies that President
Adams was in retrospect moved to say that 'American Independence was then
and there born.' ... [It was therefore recognized that] the
broad constitutional proscription [against Unauthorized Deprivation in the
Due Process of Law clauses, includes] the right to shut the door on
officials of the state unless their entry is under proper authority of
law. [AND] self-protection: the right to resist
unauthorized [deprivations of Life, Liberty and Property]"
Thomas Jefferson said: "Nothing is ours, which another may deprive us of." (to Maria Cosway, 1786. ME 5:440 )
The Due Process of Law clause in the US Constitution and in every state constitution (formerly) guaranteed "the inherent and inalienable right to protect [life, liberty, and] property" from unauthorized deprivations. Cross v. State, 370 P.2d at 376-7 (Wyo 1962); People v. McManus, 67 NY2d 541, 496 NE2d 202, 505 NYS2d 43 (1986); Frank v. Maryland.
This "great and fundamental principle of all constitutional governments . . . secures to every individual the right to acquire, possess, and defend property." Young v. Wiggins, 240 SC at 435, 126 SE2d at 365 (1962)
The Constitutional right to keep, hold and to defend Life, Liberty and Property under the Protection of the Law has been dispensed with by the Supreme Court's Doctrine of Unauthorized Deprivation. The Doctrine of Unauthorized Deprivation disparages or denies to the People their inalienable "right to resist" and punish unauthorized deprivations.
To avoid objection by the Aristocratic Masters of the People (i.e., Attorneys), the Doctrine carefully preserves the "procedural" right of the citizen's adoptive Master (i.e., Attorney) to seek compensation (e.g., up to 1/3 of the market value of the citizen) for an "unauthorized" injury to his citizen. Justice Powell, although not a true champion of Government by Law, objected to the Court's "narrow, wholly procedural view of the limitation imposed on the [government] by the Due Process Clause" in the Parratt decision and warned that there was "a somewhat disturbing implication in the Court's opinion" and "that the reasoning and decision of the Court today, even if viewed as compatible with our precedents, create new uncertainties" with respect to the "substantive" rights of free citizens! Nevertheless, this degenerate (Sodomite) form of "Random and Unauthorized" Government is becoming the actual Form of the Government of the United States and of every government in the United States.
In this Sodomite Form of Government, no Executive Agent of the Government has any Constitutional Duty to Read the Laws, nor any duty to "keep within" the Authority conferred by Law; No Judge need bother to restrain an unlawful (Unauthorized) deprivation committed or threatened under false pretense of authority. The People in each State, their lives, liberty, and property, are to be subject to the arbitrary Will of Men, and their income and property is to be subject to unlimited taxation to support and fund such unlimited lawless deprivations. The Unlimited Power to Tax the People has become the Unlimited Power to Control and Destroy the People, one individual at a time, or whole families (e.g., R. Weaver's) and communities (e.g., in Waco, TX) at a time.
Government that claims the unlimited Power to Destroy its People, is
destructive of the rights of Life, Liberty and Property that it was
established to Secure. The Doctrine of Unauthorized
Deprivation subverts the explicit "right of the People" to
"Keep" arms for lawful purposes, because Executive Agents of the
Government are no longer forbidden to commit "unauthorized
deprivations" of any "property," including arms. "One
of the ordinary modes, by which tyrants accomplish their purpose [i.e., to
commit unlimited Unauthorized Deprivations] without resistance is, by
disarming the people, and making it an offense to keep [or to
"display"] arms ...." Justice Story, (1893) (quoted
by Stephen P. Halbrook)
According to John Locke, "The great chief end therefore, of Mens uniting into Commonweaths, and putting themselves under Government, is the Preservation of their Property." He also said, "Whenever [rulers] endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience,..." -- John Locke, 2nd Treatise of Government, 1690.
James Madison said:
The Declaration of Independence teaches that: "Governments are instituted among Men, deriving their just Powers from the Consent of the Governed," to "SECURE" Mankind's "inalienable Rights" including "Life, Liberty and the Pursuit of Happiness," and that "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 a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness."
According to the standard articulated by President Abraham Lincoln, because the Federal Government has asserted an Unlimited Power to Destroy the People in each state through "Unauthorized Deprivations" of __, Liberty, and Property, the People in each State have been deprived of their allegiance to it, and now have the moral and legal authority to secede from and/or to wage War against the Government of the United States.
The People should first consider amending Article III of the US Constitution to reform or abolish the US Supreme Court and repudiating that Court's pernicious "doctrine" which permits "unauthorized deprivations" and which promotes here the same lawless and arbitrary form of government that was deceitfully established in Sodom and condemned by God. Isaiah 1:9-23, Ezekiel 22:25-28 http://www.crestinism-ortodox.ro/html_en/05/bible/old/ezek.html )
In case the People's effort to limit their Government by Words shall continue to fail, the People should prepare to do so by Swords. Those among the People who now keep and bear arms and who cherish the Security for Life, Liberty and Property which only a constitutionally limited government (i.e. limited in its deprivations by the Consent of the People) can provide, should begin engraving their swords, their guns, and their bullets and every weapon they possess with the motto "Inimicus Tyrrani" (The Enemy of Tyrants). And, as Jesus instructed, "let him who has no sword sell his robe and buy one." (Luke 22:36; Matthew 10:34) Let those among the People who do not yet possess arms sufficient to defend themselves sell their clothes if necessary to purchase arms, or make them. And, "Put on the whole armor of God, that you may be able to stand against the wiles of the devil. For we do not wrestle against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this age, against spiritual hosts of wickedness in [High] places. Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand. Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness." Ephesians 6:11-14
R. Ferran BSEE scl JD mcl
In a message dated 6/15/02 10:08:19 AM Eastern Daylight Time, Restoreliberty writes: