The Citizens
Rule Book
LINCOLN said "Study the Constitution!"
"Let it be preached from the pulpit, proclaimed in legislatures,
and enforced in courts of justice."
RIGHTS
COME FROM GOD,
NOT THE STATE!
"You have rights atecedent to all earthly
governments; rights that cannot be repealed or restrained by human
laws; rights derived from the Great Legislator of the Universe."
John Adams,
Second President of the United States
TABLE of CONTENTS
JURY
DUTY
YOU ARE ABOVE THE "LAW"!
JURY RIGHTS
LAW OF THE LAND
TEN COMMANDMENTS
COMMUNIST MANIFESTO
GIVE UP RIGHTS?
JURY TAMPERING?
PATRICK
HENRY SHOCKED
JURY OF PEERS
FREEDOM FOR WILLIAM
PENN
JEFFERSON'S WARNINGS!
INDEX TO THE DOCUMENTS
Index
to the unanimous Declaration
Index
to the Constitution of the United States
Index
to the Amendments to Constitution of the United States
THE DECLARATION OF INDEPENDENCE
THE CONSTITUTION
THE BILL OF
RIGHTS
Copies
of this information are available from Whitten Printers
Section I
A
HANDBOOK FOR JURORS
Jury
Duty!
The purpose of this information if to revive, as Jefferson put it,
"The Ancient Principles." It is not designed to promote
lawlessness or a return to the jungle. The "Ancient Principle"
refer to the Ten Commandments and the Common Law. The Common Law
is, in simple terms, just plain common sense and has its roots in
the Ten Commandments.
In 1776 we came out of BONDAGE with
FAITH, UNDERSTANDING and COURAGE. Even against great
odds, and with much bloodshed, we battled our way to achieve LIBERTY.
LIBERTY is that delicate area between the force of government
and FREEWILL of man. LIBERTY brings FREEDOM
of choice to work, to trade, to go and live wherever one wishes;
it leads to ABUNDANCE. ABUNDANCE, if made an end in itself,
will result in COMPLACENCY which leads to APATHY. APATHY
is the "let George do it" philosophy. This always brings
DEPENDENCY. For a period of time, dependents are often not
aware they are dependent. They delude themselves by thinking they
are still free - "We never had it so good." - "We
can still vote, can 't we?" Eventually abudance diminishes
and DEPENDENCY becomes known by its true nature: BONDANGE!!!
There are few ways out of bondage. Bloodshed
and war aften result, but our founding fathers learned of a better
way. Realizing that a CREATOR is always above and greater
than that which He creates, they established a three vote system
by which an informed Citizenry can control those acting in the name
of govenment. To be a good master you must always remember the true
"pecking order" or chain of command in this nation:
1. GOD created man...
2. Man (that's you) created the Constitution
3. The Constitution created government...
4. Government created corporations...etc.
The base of power was to remain in WE
THE PEOPLE but unfortunately, it was lost to those leaders acting
in the name of government, such as politicians, bureaucrats, judges,
lawyers, etc.
As a result America began to function like
a democracy instead of a REPUBLIC. A democracy is dangerous
because it is a one-vote system as opposed to a Republic, which
is a three-vote system. Three votes to check tyranny, not just one.
American Citizens have not been informed of their other two votes.
Our first vote is at the polls on election
day when we pick those who are to represent us in the seats of government.
But what can be done if those elected officials just don't
perform as promised or expected? Well, the second two votes are
the most effective means by which the common people of any nation
on earth have ever had in controlling those appointed to serve them
in government.
The second vote comes when you serve on a
Grand Jury. Before anyone can be brought to trial for a capital
or infamous crime by those acting in the name of government, permission
must be obtained from people serving on the Grand Jury! The Minneapolis
Star and Tribune in the March 27th 1987 edition noted a purpose
of the Grand Jury this way: "A grand jury's purpose is
to protect the public from an overzealous prosecutor."
The third is the most powerful vote; this
is when you are acting as a jury member during a courtroom trial.
At this point, "the buck stops" with you! It is
in this setting that each JUROR has MORE POWER than
the President, all of Congress, and all of the judges combined!
Congress can legislate (make law), the President or some other bureaucrat
can make an order or issue regulations, and judges may instruct
or make a decision, but no JUROR can ever be punished for
voting "Not Guilty!" Any JUROR can, with impunity,
choose to disregard the instructions of any judge or attorney in
rendering his vote. If only one JUROR should vote "Not
Guilty" for any reason, there is no conviction and no punishment
at the end of the trial. Thus, those acting in the name of government
must come before the common man to get permission to enforce a law.
YOU
ARE ABOVE THE LAW!
As a JUROR in a trial setting, when
it comes to your individual vote of innocent or guilty, you truly
are answerable only to GOD ALMIGHTY. The First Amendment
to the Constitution was born out of this great concept. However,
judges of today refuse to inform JURORS of their RIGHTS.
The Minneapolis Star and Tribune in a news paper article
appearing in its November 30th 1984 edition, entitled: "What
judges don't tell the juries" stated:
"At the time of the adoption of the
Constitution, the jury's role as defense against political
oppression was unquestioned in American jurisprudence. This nation
survived until the 1850's when prosecutions under the Fugitive
Slave Act were largely unsuccessful because juries refused to convict."
"Then judges began to erode the institution
of free juries, leading to the absurd compromise that is the current
state of the law. While our courts uniformly state juries have the
power to return a verdict of not guilty whatever the facts, they
routinely tell the jurors the opposite."
"Further, the courts will not allow
the defendants or their counsel to inform the jurors of their true
power. A lawyer who made...Hamilton's argument would face professional
discipline and charges of contempt of court."
"By what logic should juries have the
power to acquit a defendant but no right to know about the power?
The court decisions that have suppressed the notion of jury nullification
cannot resove this paradox."
"More than logic has suffered. As orignally
conceived, juries were to be a kind of safety valve, a way to soften
the bureaucratic rigidity of the judicial system by introducing
the common sense of the community. If they are to funciton effectively
as the 'conscience of the community,' jurors must be told
that they have the power and the right to say no to a prosecution
in order to achieve a greater good. To cut jurors off from this
information is to undermine one of our most important institutions."
"Perhaps the community should educate
itself. Then Citizens called for jury duty could teach the judge
a needed lesson in civics."
This information is designed to bring to
your attention one important way our nation's founders provided
to insure that you, (not the growing army of politicians, judges,
lawyers, and bureaucrats, rule this nation. It will focus on the
true power you possess as a JUROR, how you got it, why you
have it, and remind you of the basis on which you must decide not
only the facts placed in evidence but also the validity or application
of every law, rule, regulation, ordinance, or instruction given
by any man seated as a judge or attorney when you serve as a JUROR.
One JUROR can stop tyranny with a
"NOT GUILTY VOTE!" He can nullify bad law in any
case, by "HANGING THE JURY!"
I am only one, but I am one. I cannot
do everything, but I can do something. What I can do, I should do
and, with the help of God, I will do!
Everett Hale
The only power the judge has over the
JURY is their ignorance!
"WE THE PEOPLE," must relearn a
desperately needed lesson in civics.
The truth of this question has been answered
by many testimonies and historical events. Consider the following:
JURY
RIGHTS
"The jury has a right to judge both
the law as well as the fact in controversy."
John Jay, 1st Chief Justice
United States supreme Court, 1789
"The jury has the right to determine
both the law and the facts."
Samuel Chase, U.S. supreme Court Justice,
1796, Signer of the unanimous Declaration
"the jury has the power to bring
a verdict in the teeth of both law and fact."
Oliver Wendell Holmes,
U.S. supreme Court Justice, 1902
"The law itself is on trial quite
as much as the cause which is to be decided."
Harlan F. Stone, 12th Chief Justice
U.S. supreme Court, 1941
"The pages of history shine on instance
of the jury's exercise of its prerogative to disregard instructions
of the judge..."
U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)
LAW
OF THE LAND
The general misconception is that any statute
passed by legislators bearing the appearance of law constitutes
the law of the land. The U.S. Constitution is the supreme law of
the land, and any statute, to be valid, must be in agreement. It
is impossible for a law which violates the Constitution to be valid.
This is succintly stated as follows:
"All laws which are repugnant
to the Constitution are null and void. "
Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
"Where rights secured by the Constitution
are involved, there can be no rule making or legislation which would
abrogate them quot;
Miranda vs Arizona, 384 US 436 p. 491.
"An unconstitutional act is not law;
it confers no right; it imposes no duties; affords no protection;
it creates no office; it is in legal contemplation, as inoperative
as though it had never been passed."
Norton vs Shelby County118 US 425 p.442
"The general rule is that an unconstitutional
statute, though having the form and the name of law, in in reality
no law, but is wholly void, and ineffective for any purpose; since
unconstitutionality dates from the time of its enactment, and not
merely from the date of the decision so branding it.
No one is bound to obey an unconstitutional
law and no courts are bound to enforce it."
16th American Jurisprudence 2d, Section 177
late 2nd, Section 256
A
SUMMARY OF
THE TEN COMMANDMENTS
The TEN COMMANDMENTS represent GOD'S
GOVERNMENT OVER MAN! GOD commands us for our own good to give
up wrongs and not rights! HIS system always results in LIBERTY
and FREEDOM! The Constitution and the Bill of Rights are
built on this foundation, which provides for punitive justice. It
is not until one damages another's person or property that
he can be punished. The Marxist system leads to bondage and GOD'S
system leads to LIBERTY! Read very carefully:
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1. Thou Shalt have
no other gods before Me.
2. Thou shalt not make unto thee any graven image.
3. Thou shalt not take the name of the Lord thy God in vain.
4. Remember the Sabbath to keep it Holy.
5. Honor thy father and mother.
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6.
Thou shalt not murder.
7. Thou shalt not commit adultery
8. Thou shalt not steal.
9. Thou shalt not bear false witness.
10. Thou shalt not covet.
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Directly above the Chief Justice's chair is a tablet signifying
the TEN COMMANDMENTS When the Speaker of the House in the
U.S. Congress looks up, his eyes look into the face of Moses. "The
Bible is the Book upon which this Republic rests."
- Andrew Jackson, Seventh President of the United States
"The moral principles and precepts
contained in the Scriptures ought to form the basis of all our civil
constitutions and laws. All the miseries and evils which men suffer
from, vice, crime, ambition, injustice, oppression, slavery, and
war, proceed from the despising or neglecting the precepts contained
in the Bible."
-Noah Webster
A
SUMMARY OF
THE COMMUNIST MANIFESTO
The Communist Manifesto represents a misguided
philosophy, which teaches the Citizens to give up their RIGHTS
for the sake of the "common good," but it always ends
in a police state. This is called preventive justice. Control is
the key concept. Read carefully:
1. Abolition
of private property.
2. Heavy progressive income tax.
3. Aboliton to all rights of inheritance.
4. Confiscation of property of all emigrants and rebels.
5. A Central bank |
6.
Government control of Communications and Transportation
7. Government ownership of factories and agriculture.
8. Government control of labor.
9. Corporate farms, regional planning.
10. Free education for all children in govenment contolled
schools
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GIVE
UP RIGHTS
FOR THE "COMMON GOOD"?
When the people fear the government you
have tyranny; when the government fears the people, you have liberty.
Politicians, bureaucrats and especially judges
would have you believe that too much freedom will result in chaos.
Therefore, we should gladly give up some RIGHTS for the good
of the community. In other words, people acting in the name of government,
say we need more laws and more JURORS to enforce these
laws - even if we have to give up some more RIGHTS in the
process. They believe the more laws we have, the more control, thus
a better society. This theory may sound good on paper, and apparently
many of our 'leaders' think this way, as evidenced by
the thousands of new laws that are added to the books each year
in this country. But, no matter how cleverly this Marxist argument
is made, the hard fact is that whenever you give up a RIGHT
you lose a "FREE CHOICE"!
This adds another control. Control's
real name is BONDAGE! The logical conclusion would be, if
giving up some RIGHTS, produces a better society, then by
giving up all RIGHTS we could produce the perfect society.
We could chain everybody to a tree, for lack of TRUST. This
may prevent a crime, but it would destroy PRIVACY, which
is the heartbeat of FREEDOM! It would also destroy TRUST
which is the foundation for DIGNITY. Rather than giving up
RIGHTS, we shoud be giving up wrongs! The opposite of control
is not chaos. More laws do not make less criminals! We must give
up wrongs, not rights, for a better society! William Penn of the
British House of Commons, once proclaimed, "Necessity
is the plea for every infringement of human liberty; it is the argument
of tyrants; it is the creed of slaves."
INALIENABLE, (UNALIENABLE)
OR
NATURAL RIGHTS!
NATURAL RIGHTS ARE THOSE RIGHTS such
as LIFE (from conception), LIBERTY and the PURSUIT
OF HAPPINESS e.g. FREEDOM of RELIGION, SPEECH, LEARNING,
TRAVEL, SELF-DEFENSE, ETC. Hence laws and statutes which vilolate
NATURAL RIGHTS, though they have the color of law, are not law but
imposters! The U.S. Constitution was written to protect these NATURAL
RIGHTS from being tampered with by legislators. Further, our forefathers
also wisely knew that the U.S. Constitution would be utterly worthless
to restrain government legislators unless it was clearly understood
that the people had the right to compel the government to keep within
the Constitutional limits.
In a jury trial the real judges are the JURORS!
Surprisingly, judges are actually just referees bound by the Constitution!
Lysander Spooner in his book Essay on
the Trial by Jury wrote as follows:
"Government is established for the protection of the weak against
the strong. This is the principal, if not the sole motive for the
establishment of all legitimate government. It is only the weaker
party that lose their liberties, when a government becomes oppressive.
The stronger party, in all governments are free by virtue of their
superior strength. They never oppress themselves. Legislation is
the work of the stronger party; and if, in addition to the sole
power of legislation, they have the sole power of determining what
legislation shall be enforced, they have all power in their hands,
and the weaker party are the subjects of an absolute government.
Unless the weaker party have a veto, they have no power whatever
in the government and ...no liberties...The trial by jury is the
only institution that gives the weaker party any veto power upon
the power of the stronger. Consequently it is the only institution
that gives them any effective voice in the government, or any guaranty
against oppression."
The
Complete TEXT of The Essay on the Trial by Jury is HERE
JURY
TAMPERING?
A JURY'S Rights, Powers and Duties:
The Charge to the JURY in the First
JURY Trial before the supreme Court of the United States
illustrates the TRUE POWER OF THE JURY. In the February term
of 1794, the supreme (Supreme is not capitalized in the Constitution,
however Behavior is. Art. III) Court conducted a JURY trial
and said: "...it is presumed, that the juries are the best
judges of facts; it is, on the other hand, presumed that the courts
are the best judges of law. But still both objects are within your
power of decision."
"You have a right to take upon yourselves
to judge of both, and to determine the law as well as the fact in
controversy."
(State of Georgia vs. Brailsford, et al, 3 Dall 1)
"The JURY has an unreviewable
and unreversible power...to aquit in disregard of the instructions
on the law given by the trial judge..." (emphasis added)
U.S.vs Dougherty, 473 F 2nd 1113, 1139, (1972)
Hence, JURY disregard to the limited
and generally conviction-oriented evidence presented for its consideration,
and JURY disregard for what the trial judge wants them to
believe is the controlling law in any particular case (sometimes
referred to as "JURY lawlessness"{jury lawlessness
means willingness to nullify bad law}) is not something to be scrupulously
avoided, but rather encouraged. Witness the following quotation
from the eminent legal authority above mentioned: "Jury lawlessness
is the greatest corrective of law in its actual administration.
The will of the state at large imposed on a reluctant community,
the will of a majority imposed on a vigorous and determined minority,
find the same obstacle in the local JURY that formerly confronted
kings and ministers." (emphasis added)
Dougherty, cited above, note 32 at 1130
The Right of the
JURY to be Told
of Its Power
Almost every JURY in the land is falsely
instructed by the judge when it is told it must accept as the law
that which is given to them by the court, and that the JURY
can decide only the facts in the case. This is to destroy the purpose
of a Common Law JURY, and to permit the imposition of tyranny
upon the people.
"There is nothing more terrifying than
ignorance in action."
Goethe - engraved on a plaque at the Naval
War College
"To embarass justice by a multiplicity
of laws, or to hazard it by confidence in judges, are the oposite
rocks on which all civil institutions have been wrecked."
Johnson - engraved in the Minnesota State
Capitol
Outside the supreme Court Chambers
"...The letter killeth, but the spirit
giveth life."
II Corinthians 3 vs 6
"It is error alone which needs the support
of government. Truth can stand by itself."
Thomas Jefferson
The JURY'S options are by no
means limited to the choices presented to it in the courtroom. "The
jury gets its understanding as to the arrangements in the legal
system from more than one voice. There is the formal communicaiton
from the 'judge'. There is the informal communication
from the total culture - literature, current comment, conversation;
and, of course, histo ry and tradition."
Dougherty, cited above, at 1135.
LAWS, FACTS AND
EVIDENCE!
Without the power to decide what facts, law
and evidence are applicable. JURIES cannot be a protection
to the accused. If people acting in the name of government are permitted
by JURORS to dictate any law whatever, they can also unfairly
dictate what evidence is admissible or inadmissable and thereby
prevent the WHOLE TRUTH from being considered. Thus if government
can manipulate and control both the law and evidence, the issue
of fact becomes virtually irrelevant. In reality, true JUSTICE
would be denied leaving us with a trial by government and not a
trial by JURY!
HOW DOES TYRANNY
BEGIN?
WHY ARE THERE SO MANY LAWS?
Heroes are men of glory who are so honored
because of some heroic deed. People often out of gratutude yield
allegiance to them. Honor and allegiance are nice words for power!
Power and allegiance can only be held rightfully by trust as a result
of continued character.
When people acting in the name of government
violate ethics, they break trust with "WE THE PEOPLE."
The natural result is for "WE THE PEOPLE" to pull
back power (honor and allegiance).
The loss of power creates fear for those
losing the power. Fearing the loss of power, people acting in the
name of government often seek to regain or at least hold their power.
Hence, to legitimatize their quest for control, laws and force are
often instituted.
Unchecked power is the foundation of tyranny.
It is the JUROR'S duty to use the JURY ROOM as a vehicle
to stem the tide of oppression and tyranny: To prevent bloodshed
by peacefully removing power from those who have abused it. The
JURY is the primary vehicle for the peaceable restoration
of LIBERTY, POWER AND HONOR TO "WE THE PEOPLE!"
YOUR VOTE COUNTS!
Your vote of NOT GUILTY must be respected
by all other members of the JURY -it is the RIGHT
and the DUTY of a JUROR to Never, Never, NEVER
yield his or her sacred vote - for you are not there as a fool,
merely to agree with the majority, but as an officer of the court
and a qualified judge in your own right. Regardless of the pressures
or abuse that may be heaped on you by any other members of the JURY
with whom you may in good conscience disagree, you can await the
reading of the verdict secure in the knowledge you have voted your
own conscience and convictions - and not those of someone else.YOU
ARE NOT A RUBBER STAMP!
By what logic do we send our youth
to battle tyranny on foreign soil, while we refuse to do so in our
courts? Did you know that many of the planks of the "Communist
Manifesto"are now represented by law in the U.S.? How is it
possible for Americans to denounce communism and practice it simultaneously?
The JURY judges the Spirit, Motive and
Intent of both the law and the Accused, whereas the prosecutor only
represents the letter of the law.
Therein lies the opportunity for the accomplishment
of "LIBERTY and JUSTICE for ALL."
If you, and numerous other JURORS throughout the State and
Nation begin and continue to bring in verdicts of NOT GUILTY
in such cases where a man-made statute is defective or oppressive,
these statutes will become as ineffective as if they had never been
written.
"If ye love wealth better than liberty,
the tranquility of servitude better than the animating contest of
freedom, go home from us in peace. We ask not your counsels or your
arms. Crouch down and lick the hands which feed you. May your chains
set lightly upon you, and may posterity forget that ye were out
countrymen."
Samuel Adams
Section II
GIVE ME LIBERTY OR GIVE ME DEATH!
PATRICK
HENRY SHOCKED!
Young Christian lawyer Patrick Henry saw
why a JURY of PEERS is so vital to FREEDOM! It was March 1775 when
he rode into a small town of Culpepper, Virginia. He was totally
shocked by what he saw! There, in the middle of the town square
was a minister tied to a whipping post, his back laid bare and bloody
with the bones of his ribs showing. He had been scourged mercilessly
like JESUS, with whips laced with metal.
Patrick Henry is quoted as saying: "When
they stopped beating him, I could see the bones of his rib cage.
I turned to someone and asked what the man had done to deserve such
a beating as this."
SCOURAGED FOR NOT
TAKING A LICENSE!
The reply given him was that the man being
scourged was a minister who refused to take a license. He was one
of twelve who were locked in jail because they refused to take a
license. A license often becomes an arbitrary control by government
that makes a crime out of what ordinarily would not be a crime.
IT TURNS A RIGHT INTO A PRIVILEGE! Three days later they scourged
him to death.
This was the incident which sparked Christian
lawyer Patrick Henry to write the famous words which later became
the rallying cry of the Revolution. "What is it that Gentlemen
wish? What would they have? Is life so dear, or peace so sweet,
as to be purchased at the price of chains and slavery? Forbid it,
Almighty God! I know no what course others may take, but as for
me, GIVE ME LIBERTY
OR GIVE ME DEATH!"(view complete speech here) Later he
made this part of his famous speech at Saint John's Episcopal
Church in Virginia.
JURY
OF PEERS
Our forefathers felt that in order to have
JUSTICE, it was obvious that a JURY of "PEERS" must be
people who actually know the defendant. How else would they be able
to judge motive and intent?
"PEERS" of the defendant, like
the rights of the JURY have also been severely tarnished. Originally,
it meant people of "equals in station and rank." (Black's
Law Dictionary, 1910), "freeholders of a neighborhood,"
(Bouvier's Law Dictionary, 1886), or a "A companion; a
fellow; an associate." (Webster's 1828 Dictionary of the
English Language).
WHO HAS THE RIGHT
TO SIT ON A JURY?
Patrick Henry, along with others, was deeply
concerned as to who has a right to sit on a JURY. Listen to our
forefather's wisdom on the subject of "PEERS".
MR.HENRY
"By the bill of rights of England, a
subject has a right to a trial by his peers. What is meant by his
peers? Those who reside near him, his neighbors, and who are well
aquainted with his character and situation in life." Patrick
Henry, (Elliont,The Debates in the Several State Conventions
on the Adoption of the Federal Constitution, 3:579).
Patrick Henry also knew that orignally the
JURY of PEERS was designed as a protection for Neighbors from outside
governmental oppression. Henry states the following, "Why do
we love this trial by jury? Because it prevents the hand of oppression
from cutting you off...This gives me comfort - that, as long as
I have existence, my neighbors will protect me." (Elliot, 3:545,
546)
MR.HOLMES
Mr. Holmes, from Massachusetts, argued strenuously
that for JUSTICE to prevail, the case must be heard in the vicinity
where the fact was committed by a JURY of PEERS. "...a jury
of the peers would, from their local situation, have an opportunity
to form a judgement of the CHARACTER of the person charged
with the crime, and also to judge of the CREDIBILITY of the
witnesses." (Elliot, 2:110).
MR.WILSON
Mr. Wison, signer of "The unanimous
Declaration," who also later became a supreme Court Justice,
stressed the importance of the JUROR'S knowing personally both
the defendant and the witnesses. "Where jurors can be aquainted
with the characters of the parties and the witnesses - where the
whole cause can be brought within their knowledge and their view
- I know no mode of investigation equal to that by a trial by jury:
they hear every thing that is alleged; they not only hear the words,
but they see and mark the features of the countenance; they can
judge of weight due to such testimony; and moreover, it is a cheap
and expedious manner of distributing justice. There is another advantage
anexed to the trial by jury; the jurors may indeed return a mistaken
or ill-founded verdit, but their errors cannot be systematical."
(Elliot, 2:516).
FREEDOM
FOR WILLIAM PENN
"Thoe people who are not governed by
GOD will be ruled by tyrants."
William Penn
Edward Bushell and three fellow JURORS
learned this lesson well. They refused to bow to the court. They
believed in the absolute power of the JURY, though their
eight companions cowered to the court. The four JURORS spent
nine weeks of torture in prison, often without food or water, soaked
with urine, smeared with feces, barely able to stand, and even threatened
with fines, yet they would not give in to the judge. Edward Bushell
said, "My liberty is not for sale," though he had great
wealth and commanded an international shipping enterprise. These
"bumble heads", so the court thought, proved the power
of the people was stronger than any power of government. They emerged
total victors.
THE FIRST AMENDMENT
The year was 1670, and the case Bushell sat
on was that of William Penn, who was on trial for violation of the
"Conventicle Act." This was an elaborate Act which made
the Church of England the only legal church. The Act was struck
down by their not guilty vote. Freedom of Religion was established
and became part of the English Bill of Rights and later it became
the First Amendment to the Constitution of the United States. In
addition, the Right to peaceful assembly was founded.Freedom
of Speech, and also habeas corpus. The first such writ
of habeas corpus ever issued by the Court of Common Pleas was used
to free Edward Bushell. Later this trial gave birth to the concept
of Freedom of the press.
Had Bushell and his colleagues yielded to
the guilty verdict sought by the judge and prosecutor. William Penn
most likely would have been executed, as he clearly broke the law.
HE BROKE THE LAW!
Then there would have been no Liberty Bell,
no Independence Hall, no city of Philadelphia, and no state called
Pennsylvania, for young Wiliam Penn, founder of Pennsylvania, and
leader of the Quakers, was on trial for his life. His alleged crime
was preaching and teaching a different view of the Bible than that
of the Church of England. This appears innocent today, but then,
one could be executed for such actions. He believed in freedom of
religion, freedom of speech and the right to peaceful assembly.
He had broken the government's law, but he had injured no one. Those
four heroic JURORS knew that only when actual injury to someone's
person or property takes place is there a real crime. No law is
broken when no injury can be shown. Thus there can be no loss or
termination of rights unless actual damage is proven. Many imposter
laws were repealed as a result of this case.
IT IS ALMOST UNFAIR!
This trial made such an impact that every
colony but one established the jury as the first liberty to maintain
all other liberties. It was felt that the liberties of people could
never be wholly lost as long as the jury remained strong and independent,
and that unjust laws and statutes could not stand when confronted
by conscientious JURORS. JURORS today face an avalanche of
imposter laws. JURORS not only still have the power and the
RIGHT, but also the DUTY, to nullify bad laws by voting
"not guilty". At first glance it appears that it is almost
unfair, the power JURORS have over government, but necessary
when considering the historical track record of oppression that
governments have wielded over private Citizens.
JEFFERSON'S
WARNINGS!
In 1789 Thomas Jefferson warned that the
judiciary if given too much power might ruin our REPUBLIC, and destroy
our RIGHTS!
"The new Constitution has secured these
[individual rights] in the Executive and Legislative departments;
but not in the Judiciary. It should have established trials by
the people themselves, that is to say, by jury." (emphasis
added)
The Judiciary of the United States is the
subtle corps of sappers and miners constantly working under ground
to undermine the foundations of our confederated fabric.."
(1820)
"...the Federal Judiciary; an irresponsible
body (for impeachment is scarcely a scarecrow), working like gravity
by night and by day, gaining a little to-day and a little tomorrow,
and advancing its noiseless step like a thief, over the field of
jurisdiction, until all shall be usurped from the States, and the
government of all be consolidated into one....when all government...in
little as in great things, shall be drawn to Washington as the centre
of all power, it will render powerless the checks provided of one
government on another and will become as venal and oppressive as
the government which we seperated. 1821 (emphasis added)
"The opinion which gives to the judges
the right to decide what laws are constitutional and what not, not
only for themselves in their own sphere of action, but for the legislative
and executive also in their spheres, would make the judiciary a
despotic branch."
"...judges shold be withdrawn from the
bench whose erroneous biases are leading us to dissolution. It may,
indeed, injure them in fame or fortune, but it saves the Republic..."
Section III
INDEX TO THE
ORIGINAL DOCUMENTS
GENERAL
INDEX TO:
THE UNANIMOUS DECLARATION
I.
Need to dissolve
certain political relationships.
II. Need to assume powers which God entitles man.
III. Declaring separation from unjust government.
IV. Self-evident truths elaborated.
A. All men are created equal.
B. God our Creator gives to each unalienable Rights
- 1. Life, Liberty, Happiness,
property, safety, respect, privacy, etc.
C. The purpose of government is to protect the weak from
the strong.
D. Right and duty to abolish bad government.
- 1. Fact: The Revolution was not
out of rebellion by the colonies, but rather England rebelled
- against God's Law by repeated injuries
of usurpation and tyranny. The young colonies were
- forced to defend themselves against
the King's tyranny.
- a. eg. Bad laws, bad courts,
police state (swarms of soldiers), taxes without consent, deprived
of trial by jury, deporting people for trial. England declared
the colonies out of their protection, rights of individuals
plundered.
- b. The colonies repeatedly petitioned
England, but only received repeated injury.
- c. England was warned from time
to time.
- d. England was deaf to the voice
of justice.
V. The colonies
appealed to God, the Supreme Judge of the world.
VI. The colonies right to be free and independent.
VII. Under the protection of God they pledged
their lives, fortunes and honor.
GENERAL
INDEX TO:
CONSTITUTION OF THE UNITED STATES
Preamble: The people hold the power, "We
the people...in order to form a more perfect union...and secure
the blessings of liberty..."
ARTICLE I
SECTION:
1. Legislative powers.
2. House of representatives; qualification of members; apportionment
of representatives and direct taxes; census; first apportionment;
vacancies; officers of the house; impeachments.
3. Senate: classification of senators; qualifications of; vice president
to preside; other officers; trial of impeachments.
4. Election of members of congress; time assembling of congress.
5. Powers of each house; punishment for disorderly Behaviour; journal;
adjournments.
6. Compensation and privileges; disabilities of members.
7. Revenue bills; passage and approval of bills; orders and resolutions.
8. General powers of congress; borrowing of money; regulations of
commerce; naturalization and bankruptcy; money; weights and measures;
counterfeiting; post offices; patents and copyrights; inferior courts;
piracies and felonies; war; marque and reprisal; armies; navy; land
and naval forces; calling the militia; District of Columbia; to
enact laws necessary to enforce the Constitution.
9. Limitations of congress; imigration; writ of habeas corpus; bills
of attainder and ex post facto laws prohibited; direct taxes; exports
not to be taxed; interstate shipping; drawing money from the treasury;
financial statements to be published; titles of nobility and favors
from foreign powers prohibited.
10. Limitations of the individual states; no treaties; letters of
marque and reprisal; no coining of money; bills of credit; not allowed
to make any Thing but gold and silver Coin a tender in payment of
debts; no bills of attainder; ex post facto Law or law impairing
the obligation of contracts; no titles of nobility; state imposts
and duties; further restrictions on state powers.
ARTICLE II
SECTION:
1. Executive powers; electors; qualifications;
vacancy; compensation and Oath of the president.
2. Powers and duties of the president, making of treaties; power
of appointment.
3. Other powers and duties.
4. All government officers are liable to impeachment.
ARTICLE III
SECTION:
1. Judicial powers; all judges must
have good Behaviour to stay in office; compensation not to be diminished.
2. Jurisdiction of federal courts and supreme court; trials for
crimes by jury except impeachment.
3. Treason defined; trial for and punishment.
ARITICLE IV
SECTION:
1. Message to the states; each state
is to give full faith and credit to public acts and records of other
states.
2. Citizens of each state shall be entitled, fleeing from justice.
3. Admission of new states, power of congress over territories.
4. Republican form of government guaranteed to every state; protection
from invasion or domestic violence.
ARTICLE V
SECTION:
1. Amending the Constitution.
ARTICLE VI
SECTION:
1. National obligations; Public debt;
Constitution to be the supreme Law of the land; Constitutional Oath
of office; no religious test required.
ARTICLE VII
SECTION:
1. Ratification of the Constitution;
George Washinton signs as a Twelfthindi, the highest rank in Saxon
government, eg. He was the equal of 1200 King Georges, or you as
a juror are equal to 1200 presidents, congressmen or judges, local,
federal or the supreme Court.
GENERAL
INDEX TO:
THE BILL OF RIGHTS
and Amendments
PREAMBLE:
Limiting the federal government: An expressed
desire to prevent abuse of federal powers!
ARTICLES - COMMON LAW
I. Religious freedom, both to an establishment
as well as the free exercise thereof; freedom of speech, press;
right of petition.
II. Right to bear arms.
III.Quartering of soldiers.
IV.The right to privacy and security against unreasonable searches
and seizures: search warrants.
V.Grand Jury, double jeopardy, no one must witness against himself,
no loss of life, liberty or private property without due process.
VI.Speedy and public trials, impartial jury; nature and cause, right
to confront; compulsory witnesses, assistance of Counsel - (note:
does not say attorney.)
VII.Right to trial by jury according to the rules of common law
- (note: Ten Commandements are the foundation of Common Law.)
VIII.Excessive bail, fines, punishement etc. prohibited,
IX.Rights beyond Bill of Rights belong to the people.
X.Undelegated powers belong to the people unless given by the people
to the states.
Articles I-X were proposed September 25th, 1789, and ratified December
15th, 1791.
AMENDMENTS - EQUITY LAW
XI.Restriction of judicial powers, proposed
March 5th 1794, adopted January 8th, 1798.
XII.Manner of electing the president and vice president, proposed
December 12th 1803, adopted September 25th, 1804.
XIII.Slavery and involuntary servitude prohibited, took effect *December
18th 1865.
XIV.Citizenship and status defined, privilege of 2nd, 3rd, or whatever
status of citizenship one selects for oneself, as opposed to Freeholder
with full sovereign rights: apportionment of representatives; who
is prohibited from holding office; public debt. CAUTION: There is
serious doubt as to the legality of this amendment because of the
manner of ratificatin which was highly suspect. At least 10 States
were held by force of arms until the proper authorities agreed to
vote for this amendment. An excellent overview of this was written
by the Utah Supreme Court - 439 Pacific Reporter 2nd Series pgs
266-276, and for a more detailed account of how the 14th amendment
was forced upon the Nation see articles in 11 S.C.L.Q. 484 and 28
Tul. L. Rev. 22, took effect July 28th, 1868.
XV. Non Freeholders given right to vote, took effect March 30th,
1870.
XVI. Income tax, took effect February 25th, 1913. possible only
four States ratified it properly.
XVII. Direct elections of senators; electors; vacancies in the senate,
took effect May 31st, 1913. This moved us from a complete Republic
to a simple republic much like the style of government of the Soviet
Union. States rights were lost and we were plunged headlong into
a democracy of which our forefathers warned was the vilest form
of government because it always ends in oppression.
XVIII. Prohibition of liquor traffic, took effect January 29th,
1920.
XIX. Voting for women, took effect August 27th, 1920.
XX. Terms of the president, vice president, senators and representatives;
date of assembling of congress, vacancies of the president, power
of the congress in presidential succession, took effect February
6th, 1933.
XXI. Eighteen Article (Prohibition) repealed, took effect December
5th, 1933.
XXII. Limits of the presidential term, took effect March 1st, 1951.
XXIII. Electors for the District of Columbia, took effect April
3rd, 1961
XXIV. Failure to pay any tax does not deny one the right to vote,
took effect February 23rd, 1964.
XXV. Filling the office of the president or vice president during
a vacancy, took effect February 23rd, 1967.
XXVI.Right to vote at 18, took effect July 5th 1971.
*Took effect is used as
there is a great deal of suspicion as to the nature of these amendments
(common law vs equity), also whether these last 16 amendments are
legal, how many were ratified correctly, do they create a federal
constitution in opposition to the original, etc. For further studies
a good place to begin is with the article by the Utah Supreme Court
on the 14th Amendment. 439 Pacific Reporter 2d Series, pgs. 266-276
, and Senate Document 240.
JURY:...Petty Juries,
consisting usually of twelve men, attend courts to try matters of
fact in civil causes, and to decide both the law and the
fact in criminal prosecutions. The decision of a petty
jury is called a verdict..
American Dictonary of the English Language by Noah Webster 1828
PROCLAIM LIBERTY! Inscribed on our
hallowed LIBERTY BELL are these words " Proclaim LIBERTY Thoughout
all the Land unto all the Inhabitants Thereof."
Lev. XXV X
"Government is not reason; it is not
eloquence; it is force! Like fire, it is a dangerous servant and
a fearful master."
George Washington
"Woe to those who decree unjust statutes
and to those who continually record unjust decisions, to deprive
the needy of justice, and to rob the poor of My people of their
rights..."
Isaiah 10 vs 1-2
"My people are destroyed for the lack
of knowledge...!"
Hosea 4 vs 6
"The only thing necessary for evil to
triumph is for good men to do nothing."
Edmund Burke 1729-1797
"If My people which are called by My
name, shall humble themselves, and pray, and seek My face, and turn
from their wicked ways; then will I hear from Heaven, and will forgive
their sins, and will heal their land."
II Chronicles 7 vs 14
"We must obey GOD rather than men."
Acts 5:29
NOW IT'S YOUR
TURN!
You - as a juror - armed merely with the
knowledge of what a COMMON LAW JURY really is and what your common
law rights, powers and duties really are, can do more to re-establish
"liberty and justice for all" in this State and ultimately
throughout all of the United States than all our Senators and Representatives
put together. WHY? Because even without the concurrence of all of
your fellow jurors, in a criminal trial, you, with your single vote
of "NOT GUILTY" can nullify every rule of "law"
that is not in accordance with the principles of natural, God-given,
Common or Constitutional Law. It is precisely this power of nullification
that makes the trial by JURY one of our most important RIGHTS.
It can protect and preserve all of the Citizen's other RIGHTS.
Links to Related Subjects:
The
Essay on the Trial By Jury by Lysander Spooner
"The
Federalist Papers" #83 pertains to JURY
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