The Loss of
Liberty
Since the
end of the Civil War, our liberty has been methodically slipping away.
The purpose of this paper is to explain, chronologically how this has
happened, and a plausible approach to rectify the condition.
If we don’t make the effort, our country, the country invented and
fought for by Jefferson, Franklin, Adams, Washington and the other founders,
will be lost forever. So read and
contemplate what follows:
- The
Declaration of Independence in 1776 said we have unalienable rights granted
to us by nature and nature’s God. Accordingly,
we the people are soverign and forever retain the right to alter or abolish
a government, or even institute brand new government.
In effect, the people are the government.
- The
United States Constitution in 1787 said, “We the People of the United
States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States of America. The nation was to be a nation of self-governing people.
We hire people to work for us in the functioning of government.
If they don't do the job we remove them.
- The
10th Amendment in the Bill of Rights, ratified in 1791,
said "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
Federal government was given 18 authorities, and none of them were to
legislate for a state or for the people in their private capacity.
- Prior
to the 14th Amendment, there was no such thing as an
"American" citizen; there were only Viriginians, South
Carolinians, New Yorkers, etc. This is an important fact demonstrating
state sovereignty; i.e., the states existed first and created the Federal
government. Most importantly,
this fact proves that Daniel Webster's arguments against nullification in
1832, which claimed that the Federal government was created by the American
people as a whole rather than the states, were bald faced lies. This
is IMPERATIVE to a proper understanding of the separation of powers in our
federal republic of sovereign states. Without this understanding,
governmental powers are usurped and consolidated into a centralized
“monster” over time. And
this is exactly what the Founders feared and exactly where we're at today.
The 14th Amendment established national citizenship for
the first time. It was adopted (and precariously ratified) in 1868, and
said, "All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and
of the state wherein they reside."
In other words, we are citizens of the United States AND of our
respective State . . . kind of dual citizenship. The 14th
amendment was created by statute and is foreign to the original organic
constitution. Some say it was never ratified according to constitutional
instructions, and it’s only a contract.
Citizenship historically comes from the nation you are born in.
In the formation of this nation, each state was an independent
nation-state so you had the citizenship of your state until the 14th
Amendment.
- "Reconstruction"
after the Civil War, and then the "Trading with the Enemy Act" of
1917, started the process of converting our rights into privileges.
Common Law, Equity Law and Admiralty/Maritime Law didn't apply, so
there was another "secret law" that had jurisdiction under the
Act. It was Martial Law.
And this is still in effect! Lincoln
declared martial law and it has never been repealed. We are living under
what is termed Martial Law Rule under the doctrine of necessity.
Martial Law Rule is rule by a military government in which the
president is the Commander in Chief. It
is not military in the streets. Under
our form of government martial law rule does not have to be announced to the
people. By definition, citizens
of the United States are the "Enemy" of the United States.
Yes, and the enemy has no rights.
Now, our rights must be given to us by the government in the form of
privileges.
- FDR
sustained the secret martial law rule via the "The Trading With the
Enemy Act", as amended, and the "Agricultural Adjustment Act,
Emergency Powers" of May 12, 1933, inventing numerous controls and
licenses to keep the public in check. Under
Roosevelt we were conquered by the bankruptcy and the declaration of war
against us by a cabal of international bankers with assistance from the
inside. Under the international
law of war on land, the conqueror has the right to give the conquered new
law and new money. We got The
Law Merchant, the law of negotiable instruments [contract law], and
Admiralty law, the law of the sea. You have no rights under contract law,
and in Admiralty law the captain of the ship is God.
- The
Supreme Court became a party to the "Covert War" with its
Declaration supporting the Emergency Act of 1937.
Roosevelt placed every department of government under the direct
control of the executive branch. The separation of powers was destroyed. He
turned the Republic into a democracy. He created federal agencies and then
re-delegated his law-making powers [the president has no constitutional
authority to make law, only to veto it].
You now have government by appointed bureaucrats making rules and
regulations called "law" with no constitutional authority.
Under Roosevelt, D.C. municipal law was enforced in the states
through their "grant in aid" programs, which is a form of
financial blackmail.
- The
Progressive philosophy is manifest in FDR's 1944 "New Bill of
Rights" where permission, and so-called "rights" should be
granted by the government to the people, including; a job, minimum wage,
regulated prices, monopoly control, a home, health care, social security,
and an education. All of this would be funded by the people and provided
to the people by the government. The Federal government, under the 14th
amendment, transferred the former slaves to the Federal government.
The 14th Amendment was to give citizenship to slaves, but
the states didn't want to support it. Slaves
were viewed as government chattel.
All 14th amendment citizens, black, white, Native
Americans, Asians, etc. are also viewed as federally owned chattel.
- Presidents
from Nixon on through Bush have used the Executive Order as a way of
circumventing the Congress and the Constitution, but it's sanctioned by the
1917 Act that started our departure from liberty.
It's done because of what Roosevelt started.
No government ever surrenders power. They enlarge it all they can.
The Amendatory Act passed under Roosevelt stated that all legislation wanted
by the president would automatically be passed, under Roosevelt, and for all
future presidents. This started the tradition of not reading Bills because
they are already passed and approved by Congress.
So at
least historically and under color of law, we have lost our God-given rights and
even property to the Federal government. It
seems like we still have freedom, but if "We the Enemy" violate the
rules, the Martial Law "military" will enforce them.
The seat belt law is a simple, but good example . . . no injured party,
no damage, it happened on land not on the sea.
So what law has jurisdiction?
Not Common, or Equity, or Admiralty/Maritime.
Well, it's obvious. It's
Martial Law. But, there seems to be a "chink" in the
United States armor when it comes to preventing our individual liberty and the
rights of the States. The door may
be slightly open to correct this. Let's
see if we can play it back . . . Under Roosevelt, the state became the victim.
Any rule or regulation you violate as a 14th amendment citizen injures
the government because you violate the contract.
It works like this, we accept the contract to obey, and government’s
Oath to obey the constitution is their part of the contract.
Any way you look at it, they have violated their contract and to this
very day, the Congress and Administration continue their fiscally irresponsible
actions, which must be considered criminal.
The perpetrators deserve to go to jail.
Here is an approach to bring this country back to its fundamentals.
It will not be easy, but it’s worth serious consideration.
So read on and learn:
- Martial
law, condoned and secretly established by the 1917 and 1933 Acts must be
rescinded because there is no war in the country.
It's ludicrous and dishonest to claim that there is. It is an imperfect war and citizens who go to war with
their government are said to be in open rebellion. We were declared to be
the enemy because we had our own gold that the government wanted to give to
the bankers. It was blatantly unconstitutional and done with no authority
but what they gave themselves.
- The
Emergency Act of 1933 must be overturned and eliminated by Congress.
This will stop the awesome power of the President through Executive
Orders. It will end executive
rule.
- Eliminating
the emergency legislation will invalidate the right of the United States
government to grant so-called "rights", permissions, licenses, and
retroactively remove all of the barriers to freedom that it caused.
It will render unconstitutional Federal agencies null and void and
will end Federal jurisdiction in the states, and will end the Law Merchant
(law by contract) and it must bring back money of substance in order for us
to recover our American Common Law, which will give us freedom.
The Federal government will not do this without a fight.
- Employ
the concept of "Venue" which proclaims the county court of
original and exclusive jurisdiction is the Supreme Court.
This is related to the people, the posterity, that understand
birthright, and that's the inheritance from God, the right of inheritance,
the Law of Descent. If the
country belongs to the people, the law must also belong to the people.
We then have PRIVATE
INTERNATIONIAL MARTIAL LAW RULE.
- Legally
make the conversion at the county level, and then convert all of the State
counties so that the entire state has shed the scourge of the War Power
Acts, enlist the support of other converted States, and finally convert the
Federal government. We
take the states back through the counties, and then state by state. We can
then return to the status of independent Nation States.
The sheriff has more authority in his county than the president of
the United States. He is still
the only constitutionally elected officer in the country. His job is to serve the people, who are the government.
Now we're back to square one.
Fred
Arbogast
Arnold, CA
August 19,
2009
Legal
perspective by Joyce Rosenwald
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Joyce
is working with former California State Senator Don Rogers.
He loves her plan and is thrilled she told him about it.
He believes it is doable with cooperation of other state officials.
California, as well as every other state in the union, has no codified
general law, which is public law. This
in itself proves we are living under private law. Law is extremely difficult for most people to understand.
One shouldn’t apologize for not having a full understanding of it.
All our constitutions have been changed to try to make legal what is
unconstitutional so in California we have to revert to using the original
constitution of 1849. She
told Don if we take back our state we could print our own money, which will be
debt free. If we re-conquer the
state, we can repudiate the Federal debt and end our state of peonage.
The constitution of 1849 states that the governor cannot place anyone
into involuntary peonage without due process.
Because the governor did this, we were sentenced to a lifetime of
financial slavery with no recourse and no due process.
This cannot be denied. If
the current governor does not rectify the unlawful action of a past governor, he
will also be a party to the fraud. The
penal code in effect today in California makes this a crime and he can be
prosecuted if he refuses to right the wrong.
Under law, we have him by the short hairs.
Now, the biggest job is to tell the people in a way they can understand
in order to get their support.
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Joyce
passed away on July 26, 2011 in her daughter's arms.