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Stand Firm Against Officials Dangerous to Liberty
A Man's Natural Rights Are His Own To Live Free
By Justin O. Smith
Sent 9/26/2020 12:37 AM
"A man's natural rights
are his own, against the whole world; and any infringement of them is equally a
crime, whether committed by one man, or by millions; whether committed by one
man, calling himself a robber, ... or by millions, calling themselves a
government." ~ Lysander Spooner [Blog Editor:
In the realm of politics and philosophy Spooner is a bit of an enigmatic figure
in my opinion. The brief readings I found all seem to agree on one particular
character, specifically the descriptor of Anarchist. For me Spooner’s enigma is
his support and contradiction of the use of violence to achieve ends. For history
buffs you can form your opinion: Wikipedia,
FEE, Mises
Institute and Ammo.com]
All people desire to live free and have the ability to
exercise their individual liberty in a free society, especially here in
America, where until recently, our nation has had a long history of preserving
and defending all manner of freedoms for all our people. But today we
consistently see one despotic case after another of the people's basic personal
freedom and individual liberty violated by some ill-informed "public
servant" or police officer carrying out an illiberal and despotic
"order" emanating from some governor's or mayor's office, these petty
tyrants, enforcing unreasonable, high-handed "policies", that have no
real basis in any law.
Take a look at what the Constitution actually states in
plain language and read it through the prism of the Original Intent of the Founders,
and a person finds that any such power taken for granted as the authority of
the government doesn't exist anywhere within this document. The government cannot
infringe upon Our personal freedoms, willy-nilly, regardless of any plandemic or emergency, no matter
the vast number of excuses and flawed or outright erroneous science they offer
as justification.
In recent days, America, the good Americans, watched in deep
dismay, concern, and a great deal of anger, as five men and women were arrested in Idaho for worshiping at
an outdoor church service without a mask, in Moscow,
Idaho. This was considered a violation of the mayor's and City Council's
draconian and arbitrary order that extends a mask mandate to January 2021, even
though there no longer remains any real health emergency surrounding "the
Virus", that has proven much less severe and deadly than
projections.
How many times will these mask mandates be extended? What
happens in 2021 in Moscow, Idaho? Another extension into 2030? 2050?
On September 23rd in Logan Ohio, Alecia Kitts had made an
hour and a half drive to see her son play in a ball game, where she sat with
family members the required six feet distance away from other groups. It wasn't
long before she was approached by a policeman who noticed she wasn't wearing a
mask. She initially objected and stated correctly that she had done nothing
wrong, and it was at that point that this small young lady was manhandled,
tasered and arrested, like some thug criminal would be, for "non-compliance"
with "the rule" and the governor's mask mandate, when in actuality,
as written, she was absolutely in compliance for outdoors, and in light of
her own asthmatic condition.
[Posted by The Timmyz
349 subscribers - Sep 23, 2020
Only in LOGAN OHIO does a person
get TASED AND ARRESTED as a result of not wearing a freaking MASK
❌To use this video in a
commercial player or in broadcasts, please email licensing@storyful.com❌]
But regardless of how it's written or who complies or
doesn't comply with it, the [Governor Mike DeWine] [JOS]order's premise is flawed and
illegal on its face and should never have been given any ground or legitimacy
whatsoever, from the start.
One witness can be heard on a video of the incident
exclaiming in disgust, "Tasing this lady over not wearing a damn
mask."
So, this is what good Americans are handed, after they
initially went along with a "temporary" lockdown measure aimed at
"flattening the curve". Well, the damned curve has long been
flattened and its past time to end this insane arbitrary tyrannical use of
police powers and force against regular, peaceful citizens just trying to go
about their everyday life, as best they can.
I see a massive lawsuit on the behalf of Ms. Alecia Kitts
against the Logan Police Department and Marietta City School System on the
horizon, in the near future.
And I can hear the cop saying, "I was just following
orders." Isn't that what the Nazi SS, such as Adolf Eichmann, said at
their Nuremburg Trials? Hhmmmm ... I wonder where that goes?
Fortunately, here in my home county (Rutherford County, TN),
Mayor Bill Ketron issued a statement acknowledging the end of his mask mandate
on September 22nd 2020, not that I was too concerned. I haven't worn a mask
since the first day the mandate was issued, and just like Ms. Kitts, I would
have resisted any attempt to arrest me for non-compliance; I probably would
have kicked the officer's fat ass down the steps, if I could, simply on principle,
no matter the price I would pay afterward.
Too many people say, "Oh, it's just a mask. It's just
being 'respectful' to others. What's the harm in just wearing it to make others
feel better?" No. It's not just a mask and I'm not concerned with anyone's
feelings. These mask mandates are strictly about control and a blatant, overt
act of tyranny from any government entity forcing them upon the people.
Making an observation on the lockdowns on September 16th,
U.S. Attorney General William Barr noted: "You know, putting a
national lockdown, stay-at-home orders, is like house arrest. It's -- you know
-- other than slavery, which was a different kind of restraint, this is the
greatest intrusion on civil liberties in American history."
Numerous lawsuits have grown from the abuses of power
America is experiencing across our land, and while many activist, Marxist
judges or judges who simply don't understand the Constitution -- probably
bottom tier graduates of their respective law schools -- have ruled on the side
of the tyrants, some, such as Judge William Stickman, for the Western District of Pennsylvania,
full well understand the implications, and they are ruling against these unconstitutional
orders, in a righteous and correct manner. On September 14th, in [JOS] Butler v. Wolf, he ruled that
the Governor Tom Wolf's pandemic restrictions were unconstitutional, and he
upheld that ruling again on September 22nd, stating that he was not convinced
by the Wolf administration's argument "that irreparable harm will result
if a stay is not imposed."
In his ruling, Stickman, a Trump appointee to the Court,
stated: "The liberties protected by the Constitution are not fair-weathered
freedoms, in place when times are good but able to be cast aside in times of
trouble. There is no question that this Country has faced, and will face, emergencies
of every sort. But the solution to a national crisis can never be permitted to
supersede the commitment to individual liberty that stands as the foundation of
the American experiment. ... the Constitution sets certain lines that may not
be crossed, even in an emergency
Quite a few judges are hiding behind Jacobson v. Massachusetts
(1905) [Blog Editor: Short Version & Long Version] as their
justification for upholding these illegal mask mandates and social distancing,
even lockdowns, giving way to an erroneous view of the Constitution, since they
ignore, that even the judges of the day made note of the potential for abuse of
power through this ruling, if people weren't careful in the future. The judges
of 1905 even stated that their ruling didn't mean government had complete
authority to act in any manner contrary to one's personal and individual
liberty and one's inalienable rights protected by the Constitution.
Stickman's rulings essentially defended and upheld the
people's absolute right to peaceful assembly for any reason, whether political,
religious or commercial. It also upheld everybody's right to work, while
rejecting the designation of "essential" and
"non-essential" workers, since everybody has the right to travel to
work, from across the street or across state lines, as a fundamental liberty
protected by substantive due process of the law. His ruling is groundbreaking
in that his court is the first to characterize the right to work as
fundamental, and in so doing, he righteously and correctly limited and narrowly
restricted the government's power in this case.
Governors do not hold any inherent power to craft
regulations in the face of any emergency that carry the force of law. Under the
Guarantee Clause of the Constitution, that mandates our republic, only a
representative legislature, either the States or Congress, can write laws that
authorize any use of police powers and force and any criminal penalties. The
governor of any state cannot constitutionally write laws, which means that their
executive orders mandating masks and ordering economic shutdowns are completely
illegal and illegitimate and can and should be ignored completely, by any
American wishing to live free and survive a crisis well, through their own good
common sense applied to their needs and the needs of their own families.
As reported by Michelle Malkin on September 15th, Florida
House Representative Anthony Sabatini was ecstatic over the defeat of Wolf's
draconian orders, directed at "the Virus",
stating: "Some in the Judiciary are finally waking up to the fact that the government is not always right and that the Constitution is not suspended during an emergency. Sabatini, who has filed fifteen ongoing challenges to Florida's lockdown measures, added, "We're looking forward to winning."
stating: "Some in the Judiciary are finally waking up to the fact that the government is not always right and that the Constitution is not suspended during an emergency. Sabatini, who has filed fifteen ongoing challenges to Florida's lockdown measures, added, "We're looking forward to winning."
However, over the past six months, the facts on the ground
in much of America, especially the Democratic Party strongholds, reveal that
most of the country was imprisoned without due process and suffered threats of
renewed lockdowns, while interstate travel was severely restricted; privacy
rights have been devastated and numerous business takings occurred without
compensation. Many other regulations have been enforced illegally,
illegitimately and outside the statutory process requirements under a pretense
and cover of a health emergency, that is no more dangerous than a bad case of
the flu.
An untold millions of Americans have suffered injury, in
various capacities, due to circumstances set in motion and end results of these
unconstitutional actions, and if other courts in every state do not act so
wisely as the Western District Court of Pennsylvania, or if states' legislatures
do not pass corrective legislation to ensure such tyranny never again rises
under any pretense of an "emergency", or any real emergency, they
will have allowed the people's Constitutional rights to be continually suppressed
and violated in the future, simply because they demand that we just trust the
unelected technocrats -- the supposed "experts".
Our inalienable rights empower each sovereign individual to
make their own personal choices free from any government interference and not
conditioned upon receiving any special permission from the government. As
viewed through the prism of the Bill of Rights, our personal choices are
insulated from government interference so long as those choices do not step on
another individual's rights. And, since the government's power is derived from
the consent of the people, any government action that circumvents such consent,
violating our rights, is unlawful, invalid and unconstitutional.
Virtually every U.S. Governor, with the possible exception
of South Dakota's Governor Kristi Noem, and thousands of America's mayors have
violated the rights of their countrymen. They knowingly and criminally operated
outside their oaths of office to their state constitution and the U.S.
Constitution. Whether in Rutherford County or Logan, Ohio or somewhere in
Pennsylvania, these petty tyrants do not have the authority to shut down entire
counties and states and mandate masks for businesses and individuals, and, they
certainly have no authority to place jail sentences and hefty fines against
individuals they deem have violated their illegal orders. Each and every single
one of them have acted outside the authority of their office.
This must never again happen in America under any set of
circumstances or any new emergency. We must ensure that there are pathways to
immediate redress of grievances under any emergency orders, especially once
they are found to be premised on false and misleading information and deception
and they trample on our inalienable rights, inadvertently or by plan. More
importantly, sometimes less is more, and our leaders should fight their
impulses to resort to extraordinary measures unnecessarily, doing more harm
than good, as seen via the catastrophic economic damage from the illegal
lockdowns, infringing on all of our Constitutional rights.
All Americans longing for better and more freely lived lives
must continue to stand with their patriotic brothers and sisters to resist the
government overreach and arrogance we see today. Keep fighting and resisting to
halt the growth and expansion of the unrestrained power and corruption that
runs through a deep vein in the core of all U.S. government currently, from
D.C. to Tennessee to Washington and Florida and on to California, Minnesota,
Illinois and all the rest. If we are to preserve our civil rights and personal
freedom and liberty, we must make a firm stand against those evil and dangerous
men and women currently in seats of power, whereby they have usurped
Constitutional law and offered an illusion of safety to use force and compel
compliance through their illegal orders, in order to return the nation to
common sense governance and our constitutional principles, to restore
individual sovereignty and to return America to some semblance of sanity and
days that witness many of these petty tyrants and abusers of power prosecuted
for violations of the federal criminal code.
By Justin O. Smith
___________________________
Edited by John R. Houk
Text embraced by brackets are
by the Editor. Except where indicated by “JOS”, embedded links are by the
Editor.
© Justin O. Smith
