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A Congress that Took the Oath Seriously would Impeach Judge Richard Posner

Richard_Posner_at_Harvard_University
Posner spreads his judicial subversion to elite Harvard law students eager to learn from a master. (Photo credit: chensiyuan: Creative Commons/GNU Free Documentation License)

“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments),” Seventh Circuit Judge Richard Posner writes in Slate.  “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”

Constitutional scholar Josh Blackman, Associate Professor of Law at the South Texas College of Law, noted Posner’s judgment on the oath he freely took in order to gain power:

It’s funny to talk about the oath judges take to uphold the constitution since the Supreme Court has transformed the Constitution in its decisions. The oath is not really to the original constitution, or to the constitution as amended. It is to some body of law created by the Supreme Court. You can forget about the oath. That is not of significance.

That’s evident from a judicial officer whose views put Al Gore’s “living Constitution” on steroids. Per Posner, the Constitution is what those in power say it is. They define what powers they will assume and what “rights” they will recognize.

That’s tyranny. And Posner is a demonstrable oath-breaker. He is unfit to pass judgment on any American, and certainly unfit to weigh in on what rights we have and how they are to be exercised.

A Congress with integrity and guts would impeach him.

It’s been done before, and for less existential reasons than total disregard for the Constitution — something he had no intention of upholding when he swore that he would.

That Congress won’t, that no one will even introduce articles of impeachment, says much about how little regard “our” representatives have for their own oaths of office, which outrageously, is no great surprise to anyone. We might — maybe, but more likely not — be able to get a majority in the House needed to pass such a resolution, but the Senate as currently constituted would never be able to get anywhere near the 2/3 vote needed for a conviction.

Still, the process could be useful to flush those who agree with Posner out of the woodwork, and be especially instrumental at outing “progressive” Republican infiltrators (not that we can’t already tell by examining their legislative records). It could also put so-called (and fictional) “Blue Dog/Conservative” Democrats on the spot with non-urban constituencies that still hold on to many traditional American values.

That said, nothing will happen unless politicians sense a demand from their constituents with a credible “or else” attached to it. The only time most ever “lead” is when they’re pushed from behind or when they sense a payoff worth the risk. Without massive support for an effort capable of reaching millions and persuading them to act, don’t look for that push to happen.

Instead, look for Judge Posner, and innumerable judges like him, to continue subversive activism from the bench and total disregard for the Constitution they swore an oath to uphold. Were it any different, “shall not be infringed” would have ended the legal discussion on gun owner control the first time the subject came up.

UPDATE: On that score, I’m reminded that Posner ruled favorably on concealed carry in Moore v MadiganHe even had pretty good reasoning, and referenced originalist conditions along with later precedents. That said, applying his “standard” of ignoring the Constitution and disparaging the oath is too fundamentally dangerous to tolerate, as that’s also embraced by judges who would make an opposite ruling.

 

NOTE FROM STEWART RHODES:

David’s excellent article highlights why I founded Oath Keepers.   From my own experience working on the DC staff of Congressman Ron Paul and then attending Yale Law School, it became abundantly clear that few people, of either party, in politics or the law, gave a damn about the Constitution and we needed to focus instead on the American warrior class – the military, police, and first responders at the tip of the spear, to get as many of them to side with liberty as possible, to throw a monkeywrench into the treasonous plans of the elites.  At least Posner is honest about his treason, when he says:

It’s funny to talk about the oath judges take to uphold the constitution since the Supreme Court has transformed the Constitution in its decisions. The oath is not really to the original constitution, or to the constitution as amended. It is to some body of law created by the Supreme Court. You can forget about the oath. That is not of significance.

So, Posner admits that he and other judges operate as if their oath was really “I will support and defend whatever the Supreme Court majority says.”  And for the Supreme Court, those laywers in dresses operate as if their own oath was “I will support and defend whatever I think is right, and if I can get the majority to agree with me, that is what the Constitution will be – whatever we say, goes” so for them it is really “I will support and defend whatever we think is right.”

I am glad that Posner is so open about his treason.   That just makes it easier for us to point out the illegitimacy of the entire current batch of usurping tyrant lawyers in dresses across the board (and ditto for their lying lawyer pals in Congress, and in the Executive Branch.  The “bipartisan” assault on the Constitution by the PATRIOT Act and the NDAA of 2012 is all you should need to see that both parties are in on the gang raping of lady Liberty, with at least 90% of them in violation of their oaths).  Personally, I am glad that I am no longer a lawyer, since it is now a corrupt profession, that with few exceptions, is an enthusiastic participant in the destruction of our Republic.  The only thing that could make me feel dirtier would be to be a sitting member of Congress.

They and their decrees deserve zero respect, and the only question that needs to be in our minds is how do we best expose them and how do we best organize the greatest number of our fellow Americans possible to nullify, resist, and defy their morally and legally bankrupt and null and void decrees (remember, as the Supreme Court itself said many times in the past, any act of government contrary to the Constitution is null and void from inception).

I believe the best starting point is re-read what Jefferson and Madison had to say in the Kentucky and Virginia Resolutions about the obligations of the states to resist and interpose to defend their people from federal tyranny.  And then we need to apply those same principles not just at the level of the state legislature and governor (where possible in this corrupt “two party system”), but also down at the individual, community, town, and county levels (as we have seen with constitutional sheriffs preemptively declaring their refusal to enforce or allow the enforcement of proposed federal “gun control” legislation that violates the Second Amendment).

Nullification, defiance, non-compliance, and resistance as a community is also what the Founders themselves used against the edicts of Crown and Parliament.   Let’s apply their hard learned lessons of resistance to our current “long train of abuses and usurpations.”

A good book to read on that score is Dr. Edwin Vieira’s excellent little book “Three Rights.”  While reading it, think of what constitutional sheriffs, backed up by armed, trained, and organized patriots as their posse, can do to resist, restore, and renew American liberty and our Republic from the bottom up.

But the first step is to stop giving any respect to the lying lawyers in black dresses, and for that we can thank Posner for giving us a fantastic, arrogant example of their open oath breaking treason.   – Stewart Rhodes

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DavidC

David Codrea blogs at The War on Guns: Notes from the Resistance (WarOnGuns.com), and is a field editor/columnist for GUNS Magazine. Named “Journalist of the Year” in 2011 by the Second Amendment Foundation for his groundbreaking work on the “Fast and Furious” ATF “gunwalking” scandal, he is a frequent event speaker and guest on national radio and television programs.

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33 comments

  1. A Congress that took its oath seriously would have impeached Obama long ago along with a number of his cronies. The problem is, there is little to differentiate Republicans from Democrats, and there are enough corrupt politicians on both sides to make the impeaching of anyone virtually impossible. It is a poisonous toxic mix and it is doubtful given the climate of our present experience, that any antidote may be found. We are going to drink this cup to its bitter end.
    As I said in an earlier post, the Constitution is principally a Judaeo-Christian document as is the Declaration of Independence.
    I believe that the last clear reference to these influences in general and Christianity in particular, was in Calvin Coolidges inaugural address of 1925. He pointedly addressed that we did not seek the profit of the sword, but rather the mercies of the Cross. Even then, Islam’s vile influences were exhibited for the character and nature of the spirit behind it, and we were yet contemptuously scorned as crusaders. Islam hates the Christ of the Gospels and Posner does too !
    His futile attempt to destroy the confidence of our hope will not profit him when he stands before the Judge of the world.
    How significant is the belief in the judgement of God? The Constitution of the State of Tennessee still mandates officers of the state believe in God and a system of rewards and punishments both in this life and the life to come.
    We have reached a damnable condition where we may ‘believe the lie’ and as result shall suffer the consequences and Posner would happily lead us there.
    The United States is under judgement and we shall receive the rewards of our labor so for good or for evil.
    Make no mistake,
    Posner is the result of a corrupt insolence and influence and we have been walking this path far too long.
    God is a God of truth and He will perform His work.
    “The wicked shall be turned into hell, and all nations (the United States included) who forget God”.

    1. Deut. 21-23
      God will not forget and he is the same today as when this was written in B.C. 1451

  2. The state of the union is pathetic. Congress has become nothing more than a tool for NWO globalists who pay them off handsomely to divert the conversation to drivel. The sleeping giant support for Trump is an indication of how tired the country is of status quo corruption in D.C. 8 more years of Clinton in the WH will strain the very existence of civility as she and her appointments in the courts shred any remnant of the constitution. It’s already been replaced with dictatorial executive order edicts. All while congress sleeps and judges make law from the bench.

    The tyranny swells.

  3. This article inspired me to write this letter. I will post his reply if I get one. I should, as Congressman Gibson is a standup guy.

    RE: Education and Justice

    Dear Congressman Gibson,

    I wrote Senator James Seward an email about enacting legislation for requiring high school children to learn about the US Constitution. I didn’t get a reply. I understand I’m asking the employees to make law requiring the future employers to learn about the rules and regulations that the employees should be following. More importantly, I would like the future employees and employers of this nation to understand the importance of the constitution. The constitution is our contract. If we don’t honor our contract what do we have? This country is spinning more and more out of control every day. I believe our contract can right us. That’s why I think it’s important for our children to learn about our framers and the founding documents we all need to honor. I believe legislation is in order.

    Then I see this disgraceful idiot in the news, Judge Richard A Posner. The one we the people will need to turn to if we are seeking constitutional justice. How can people get justice from this buffoon? People are outraged, and apparently the only recourse is for congress to impeach him. Below is a link that better describes the issue. Will you stand up for the American people on this issue to make sure JUSTICE is served.

    Truly Yours,
    Robert Winder

    https://oathkeepers.org/a-congress-that-took-the-oath-seriously-would-impeach-judge-richard-posner/

    1. Rob, the only problem that is evident in your suggestion is, that according to powers and duties delegated to the general government, dictating what should be taught in highschool is not among them. Being of itself unconstitutional, it would breach what is was to teach. Now that’s a catch 22 that we should live with. Your school board under local control and far removed from the general government might could accomplish your aim, especially were you to get the local voters and citizens behind your effort. Try a tea party group or a local or regional “liberty” group. One such in my area goes by “East Texans for Liberty.” The Longview Tea Party is another.
      I take it that your congressman, Mr Gibson is in N.Y. That being the case, and not knowing which part of the State his district is in makes it difficult to form any judgement of your chances, but in general for any location in any State, the chance of getting it done seem slight, but not necessarily impossible.
      Good luck in any event. The kids need any such help that might given.

  4. Who could say it better than that !!! I believe that the great majority of officials within our government agree completely with Judge Posner concerning the value of the Constitution. What is the bottom line? We are no longer living in a constitutional republic. We have lost all three branches of government and the fourth (the press) to the progressives who work for TPTB.

    1. Quite accurate assessment ! Most people do not realize the incredible power of PRAVDA/MSM as the propaganda arm of the state. We now live with a government that is little more than a giant criminal enterprise and the crony corporatocracy they have created !

      We are all controlled by the illusions that PRAVDA/MSM creates for their masters !

  5. I hate to break it to you guys but the United States constitution died over 100 years ago. It has been a steady processes of eliminating the bill of rights ever since. I’m not an oathkeeper member, but I visit your site for news daily. I admire your commitment but it like seeing a bear cub cling the body of their dead mother. The United States was a good idea but it has been conquered, and it is the fault of the people for giving too much power to government. If you still vote you are only propping up that conquered system. It is a hard thing to say but I think the time for mass civil disobedience has come. The only way to stop the fire is to choke off the fuel.

    1. @ Jeff, The US Constitution is not dead until every single person that supports it, that keeps their Oath, that actually reads it is dead.

      Regarding “Judge and educator” Posner

      He is not the only judge that is a traitor and Oath breaker to this nation. But what most people get wrong, and that is because they do not read the US Constitution and they listen to decades of propaganda, is that no judge is put into office for life. They are ALLOWED to serve for as long as they use “Good Behaviour” (Constitution spelling) while serving.

      Some are not sure what constitutes “Good Behaviour”. If keeping the oath is supporting and defending the US Constitution, then it must be the US Constitution that says what is the required behavior for judges, as it does for the rest of us. So in that case all judges would be required to the duties constitutionally assigned, take and KEEP the required Oath. Why would anyone question that a branch that is NOT supposed to be under or beholden to any other branch within the same government not understand that?

      There are quite a few precedents of judges being removed by the people as juries throughout American history. We can, and must, remove them after a trial by jury and a finding of guilt.

      1. Cal the constitution has failed to stop government overreach because the constitution is what gave them power over the people to begin with. The constitution doesn’t prohibit anything, it is the enabler. I’ve read that document and what I get from it is that I can’t do anything unless that document and those that believe in it say I can. I signed no contract obligating me to abide by that document or by be subservient to those that do. It was created to enslave a people not free them. It and the government it created are my oppressors. Paper proclamations don’t grant rights, paper proclamations don’t free people. The fact that we have no (Real) freedom is a testament to this. All we have is permitted privilege that apparently can be taken away at the whim of scotus. I have no free speech, I have no right to privacy or to be searched, I have no right to a fair trial. The constitution has not stopped the PEOPLE from taking my rights. I can’t do as I please on my own land, I don’t technically own my land because the government will take it if I don’t pay property tax, or income ( illegal under the constitution). So save you rhetoric cal that document is most certainly dead and all you’re doing is talking about it as they take your rights one by one. Shame on you for allowing it. Shame on you all

        1. Jeff,

          No, the US Constitution tells those that serve within the general (federal) government exactly what they are ALLOWED to do, what they are required to do, and if it is NOT within the US Constitution it is not an authority that they are allowed to use.

          … “what I get from it is that I can’t do anything unless that document and those that believe in it say I can…”

          If you can understand the concepts I am putting below, you can then know what is allowed to those that serve within our government. The problem you are having, and it is very understandable, is understanding and relating to our LEGITIMATE government.

          When you can comprehend that the authority that those that serve within our governments is not those people serving authority – we have no rulers – but is the authority of the branch itself or of an office within a branch. The people serving change (or should under our system), but the duties and what they have “authority” over never changes. The tools they use to implement their duties change over time, but nothing else does. It is why we are a nation of Law. That does not mean a multitude of laws (though it seems so today). It means that those that serve within our government are not our rulers, but are serving to carry out the duties needed for government – treaties, trade, defense of our borders and the American people, post offices and postal roads, that kind of stuff. The list that they are to do is very LIMITED.

          Seems off subject, but it is important to understand.

          (simple explanation) Think of the duty of sweeping the floor. One starts out on a dirt floor so uses a branch with many leaves to sweep. Then there is a wooden floor, so a straw broom is created to do that task. But a new floor is created with a covering called a carpet, and a broom is not up to that task so a vacuum cleaner is created and used. Now you are on a rocket ship, and you program your cleaning robot to do that task. The duty (task) never changed, only the floor and the tools to clean it did.
          That is how our government is laid out.

          The duty to put us into or to keep us out of wars/battles is delegated to the congress only because it is something that has a life and death consequences for the people of this nation, so it must never be entered into lightly, and requires truthful looking into the problems looming, it requires much debate so that all sides can bring up relevant information and ideas into the mix. No other branch, office, person, group, entity can LAWFULLY AND LEGALLY send Americans to fight another nation/entity. None.

          It matters not if the battles are fought with people, drones,or weather, etc; no one else can LAWFULLY AND LEGALLY make that decision. It is why, unless the congress itself declares war, it is a crime against America and the American people plus breaking the Oath to the US Constitution whenever any soldier obeys any order from anyone who is serving within our governments be it a person sitting in the WH, or a group of people working for banking, corporations.

          That is why it is CRITICAL for all who serve in the American military know what their Oath means and to whom it is to – and it is NOT to any person, branch or office, it is to the US Constitution. If the congress has not declared that our nation is in a war, all soldiers of all ranks must refuse the UNLAWFUL order to go fight where ever, and by whomever gives that order. Then we the people must charge that person with the crimes committed.

          One must understand that the Declaration of Independence IS a lawful and legal document. Basically, (condensing our early history) from it sprang the US Constitution, which was ratified, etc. Within it is the exact authority that is delegated from each state as Sovereign nations for it to be used as a tool of the states representing each of them in dealing with foreign nations, entities, etc.

          What it also does is

          – define our TYPE of government (constitutional republic),

          – assign the delegated powers between the states and the general (federal) government

          — with the predominant authority over foreign affairs residing with that general government; and with the most power over domestic affairs resting with each still sovereign state (the feds have no lawful authority over those that created it for specific purposes.

          —- That is why Sheriffs and other state law enforcement have a higher authority over any federal agency within THEIR state- their state is still a sovereign nation of its own).

          –Then it further divides the authority delegated and assigns it to the different three branches and to various named offices within those branches.

          — Notice that there is NO authority delegated to a person. But the people who serve within our government are ALLOWED to use the authority given to the branch or office that they occupy for as long as they take the Oath, do the duties assigned, and KEEP the Oath otherwise they break the contract that they are under.

          — But there are three branches of government within the USA, not two.
          —- The First branch of the American government is We the people from whom all the authority that both the state and general (federal) government has comes from. Remember this, it is important!
          —- The Second branch are the states which was created by the people who came here
          —— The 1783 Treaty of Paris, which ended our war with Great Britain, held that each state was a sovereign nation. As such, each state feared giving up its rights to a powerful central government. Anti-federalists wanted some sort of guarantee that states would remain sovereign and that the power of the federal government would be limited and it would be recognized as a creation of, an agent of and a servant of the states. They got that guarantee. That tells you that much of what those serving with the federal government does within our nation is NOT lawful.
          —- The Third branch is the general (federal) branch, and it was created by the states to have one single entity dealing with foreign affairs so that instead of 13 – 50 different treaties, the united STATES had 1 treaty that all honored. Since the people being free, they could travel country to country (USA) without seeking permission from their state “ruler”. (There is an excellent video that covers this and more here https://www.youtube.com/watch?v=iya0eNlu9D0 )

          The people could buy, trade, etc for property that belonged to them. They/we could build homes, businesses, farms, ranches with no governmental oversight. They/we educated their/our children. Etc.

          You say that the US Constitution does not forbid anything. You are incorrect. The only things that it allows is in writing. if it is not put into words, it cannot be LAWFULLY or even legally (except under color of law) be done, it is forbidden.

          An example.In Article 1, Section 1 it says “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

          Breaking it down.
          By the word “All”, the power to create laws/regulations/codes/treaties/etc are now forbidden to any other branch, and/or office within a branch, plus to any other who serves within the legislative branch unless at some later point in the US Constitution an addition is added to that to make an exception such as is made concerning Treaties. (Treaties are made by the president and senate via being modified type legislation named “treaties” found within Article 2, Section 2, Clause 2.) But that does not stop the forbidding of all other types of legislation that is created to be binding on the American people to be created by other then those serving within the Senate and the House of Representatives.

          Notice that it says “All legislative Powers herein granted”. The terms “herein granted” does not mean that the Senate and House of Representatives can create any type of law they can dream up, but only those that are in writing and concerns the authority delegated to it. It reinforces that the authority that they are allowed to use while serving is limited in its scope.

          Further limiting the authority granted is that it is specifically delegated to those that serve within the Senate and the House of Representatives by the words “which shall consist of a Senate and House of Representatives”. “Shall consist of” places limits quite clearly to specified and named in writing offices within the legislative branch.

          That authority is not delegated to the Assistant to Senator whomever, or to the Assistant to Congressperson whomever within the legislative branch. It is not delegated to whichever agency – regulatory or not there might be within that branch; and it is most definitely NOT delegated to any who serves within any other branch. Those serving within the Senate and the House of Representatives are the only ones that can create anything that is lawfully binding on the American people. Now that does not mean that those serving elsewhere or in other branches cannot make legislation that is binding on their respective branches and other governmental workers, they can.

          So what are the limits of the authority placed upon the legislative branch? Most is found within Article 1, Section 8, and I won’t break down each, but I will the last power granted:

          Clause 1: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

          Clause 2: “To borrow Money on the credit of the United States;”

          Clause 3: “To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;”

          Clause 4: “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”

          Clause 5: “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;”

          Clause 6: “To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;”

          Clause 7: “To establish Post Offices and post Roads;”

          Clause 8:To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

          Clause 9: “To constitute Tribunals inferior to the supreme Court;”

          Clause 10: “To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;”

          Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

          Clause 12: “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;”

          Clause 13: “To provide and maintain a Navy;”

          Clause 14: “To make Rules for the Government and Regulation of the land and naval Forces;”

          Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;”

          Clause 16: “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;”

          Clause 17: “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; —And”

          Clause 18: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

          “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof ” basically says that the only authority to make laws they have must cover what is in writing within this list, and also in writing elsewhere within the US Constitution. But it is in writing within the US Constitution, and it is easily read by all.

          So does the government have any authority over personal and private property – NO. Does the federal government have any authority over the states? Only that which is in writing within the US Constitution, none else, not lawfully.

          So what powers did we the people retain? Within the Bill of Rights are found some of them, but the Ninth Amendment makes it very clear that NOT all authority was delegated to the states or to the general government, and not all authority retained by the people is listed, but are still retained and are to be PROTECTED by those that serve within our governments, If it is not delegated in writing it is NOT under those that serves within our governments authority. It is above any authority they have and any actions they take against the retained powers is usurpation and criminal in action. If force, or threat of force is used or present it then becomes *terrorism.

          *

          Justice Sandra Day O’Connor: “The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: “Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.”

          Mack and Printz v. United States: “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service – and at no cost to itself – the police officers of the 50 States… Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”

          “The people or sovereign are not bound by general word in statutes, restrictive of prerogative right, title or interest, unless expressly named. Acts of limitation do not bind the King or the people. The people have been ceded all the rights of the King, the former sovereign, …It is a maxim of the common law, that when an act is made for the common good and to prevent injury, the King shall be bound, though not named, but when a statute is general and prerogative right would be divested or taken from the King (or the people) he shall not be bound.” People v Herkimer, 4 Cowen (NY) 345, 348 (1825)

          Here is another place to get some really good information concerning our governments
          https://thementalmilitia.net/2015/12/05/the-clue-in-the-two-letter-word/

        2. Jeff, a single man cannot take on the entire United States Government. Nor can a thousand. It will take hundreds of thousands and more with a dedication and common goal of operating by the Constitution to set things straight. And “shame on you all” is the diatribe of the self-respecting serfs that conscript others to do the hard work and fight for their rights. I can tell by your tone that you have no faith in the system presented to us by our Founders, presumably because you have “read the documents” without absorbent study. The true shame is that there are poisonous vassals such as yourself that will not lead their twenty-six lead soldiers to fight for Liberty and Justice for all. Instead, you rewrite the spirit of the Declaration to spell, “that when any form of Government becomes destructive of these ends, it is the right and duty of the People to b**ch and moan about it unto slavery.” And such has been the patient sufferance of these loyal to the cause, to put up with your errant and misinformed pacifism. We have a word for such as these: Tory. You will pay others to fight for your freedom to submit to tyranny. You complain about a system that does not work, yet use it to declare yourself absolved from that which may offend you. You deride those that advocate for you at personal risk, yet gladly reap the rewards and slap the hands that keep you free to enjoy them. You are most miserable of all men, and it is a sad thing to see, my friend.

        3. @ Jeff,

          Who does the US Constitution assign as the enforcement arm of both the state and general (federal) governments?

          That answer is found within Article 1, Section 8, Clause 15. It is not any governmental body that is to enforce the Supreme Law of our nation or the highest Law of each state.

          It is sometimes difficult to not just back away and do the things we love instead but freedom and independence, of being the First Branch of the American government – and no other people can honestly say that of their governments – is a responsibility that ALL Americans share. Getting all of us back on track will make the load easier for us all. unfortunately at this time few must carry the rest until they wake-up.

          Cal

          1. Cal I withdrew my consent to be governed a long time ago. The government, and the constitution that created it will never again be legitimate in my eyes. As I had typed to the gentleman above, the government and corporations they serve no longer abide by the constitution. When the federal reserve act was signed into law it was the end of legitimate government. When we allowed ourselves to war with one another it was the end of the republic. I UNDERSTAND how it is supposed to work but it no longer works that way. We have a state department that gets war advice from the U.N. and then they just let congress know SOME of what is going on. We will soon be policed by the U.N. and unfortunately I will not stand for that. No representative will ever try and stop that. But as I have said to the gentleman above I will be the one that personally represents my children. I would gladly stand before a foreign army in defiance. I will gladly die to see my children free of unjust taxation, unjust and illegitimate governance. I’ve had 7 near death experiences and for my children will gladly have an 8th.

        4. Jeff,,,,, the Constitution of the United States of America is very much alive. However, the illicit laws, executive orders, phony mis-representatives of government and media have convoluted the true intent of the document to such a degree so as to make folks like yourself say exactly the things that you are writing about hear in your comments.

          Liberty and freedom in our free constitutional republic is only achieved through the eternal vigilance of its people. Corruption of the Constitution itself has never been accomplished. What has taken place is the governments illegal and illicit additions of laws amd precedent enforced by the strengths of the same beast. It is the beast (government) whom has corrupted the system and the minds of the populace to believe and to do according to the beasts will.

          Furthermore, The United States Constitution even addresses that any such illegal interpretations and actions by that government against the Constitution specifically as tyranny of same. So, for example, the Patriot Act is in fact illegal as per the constitution. It is the beast government that has run amok through contrived planning and allowed as such by the people due solely to their own ignorance of their rights. No document or law may set itself up so as to be above the constitution period. That is the highest law of this land.

          The only recourse is for the people to say no to the beast and require the beast to follow the law of the land. Herein lies the problem as the beast is bigger than any one state can carry away on its own.. No government is the only solution and always has been.

          1. Why are “The People” so afraid of no government? Because the government has led them to believe they must have government or there would be no infrastructure and chaos and anachy in the streets and war from other countries. Soooo,,, what do we have now???? The people can run the country very well on their own. We do not need a President, DHS, IRS, ATF, NSA or Supreme court,,,, just to name a few. The biggest mistakes we made were the electoral college, no term limits and the Supreme court. These are easily fixed but the beast will never give those up as that is the teeth of the viper beast.

    2. I hate to let you in on a little secret JEFF, my foolish one, but the “UNITED STATES CONSTITUTION” Did not die “over 100 years ago” and it will never die as long as me and over 84,000,000 others just like me are still alive and breathing the fresh air of AMERICA, even tho it is tainted by foolish people who think it has died just because we reluctantly tolerate the abuse that the “COMMUNISTIC DEMOCRAT” Party in America attempts to put on us every day.!!!

      1. “None shall be so hopelessly enslaved than those who falsely believe they are free” ~ Goethe~

  6. It seems like a good time to be reminded of our duty.
    ……” We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

    That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, 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 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism,We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

    That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, 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 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security………”

    Let me emphasize that, “…., it is their duty, to throw off such Government, and to provide new Guards for their future security….”

  7. I would much rather see laws being past to make sure the person taking a seat in Congress knows, understands, and acknowledges their duties BEFORE they can even announce their intentions to run. Should be a required add on to campaign ads. “I’m ___________, and I approve of this message, and have passed the Constitution test.” 🙂 Just a thought. Because, don’t believe any of them know what the Constitution teaches and says. They might have lerned parts of it in High school, some 20-30 years ago. But do they really know it. I’ve asked mine and still haven’t received an answer…from any of them! Silence is usually an indicator.

  8. Half the judges now presiding in federal courts are no better, though most are too cowardly to state their real positions in public — unfortunately, the majority in Congress are equally detached from the Constitution. A Congress that was worth a damn would abolish the federal courts (they can do it — they created all except the Supreme Court), and reconstitute them with substantially different personnel.

  9. And this coming from a civil servant that took an Oath to abide by the constitution. He should be fired and prosecuted for any unconstitutional judgments he has made.
    Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
    (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.

  10. Having read every comment on this article, I can only sat that it is becoming increasingly apparent that there will only be one way to eventually control this now rapidly spreading cancer………”The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants”…….the 3 rd. President said it and I feel it is now coming full circle. Correct me if I’m wrong !!

  11. Thank you Stewart and others that are revealing the treason of these so called leaders in this government. These people make the mafia look like nice people. I think they should be put in prison and reeducated about what our country should stand for, including study of the Constitution and Bill of Rights. Their arrogance knows no bounds. Our forefathers were educated and enlightened beings that knew exactly what they were creating with the foundational documents of this country.

  12. This statement was copied from 3%ers from Idaho page. The link is below to the article. Please read this as it is time to be heard my fellow patriots…

    here’s is the article: http://shtfjournal.com/current-affairs/stop-waiting-shot-heard-round-world/

    Stop Waiting for “The Shot Heard ‘Round the World” (Courtesy of SHTF Journal)
    I feel like I’ve been screaming about everyone getting active and participating in trying to take our nation back for years. I’ve been saying that everyone should be prepared, trained, and ready to do whatever it takes to make sure that the foundation in which this nation was created is brought back and that the American Way of life replaces the socialist BS that has come to be our reality. Yet, for all my arguments and screaming, it seems that little has been done even among those who read this publication and I think I’ve figured out why. Everyone is waiting for a single action by our government that will motivate the country into mobilizing and resisting. They are waiting for our day’s “Shot heard ’round the world.” I’ve got something to tell you, it ain’t coming.

    Many of you have told me that you are standing by and waiting for the time when it becomes necessary to “do something.” You tell me that when that time comes that you are able and willing to put yourself into the fight, but what you don’t understand is that the people who have hijacked our government and our country are smarter than that. They understand that bold action and overt aggression on a large scale will mobilize the people into action and they will never do that (though, I think they’re giving us too much credit). They understand that a death by a thousand cuts is just as effective as a bullet to the head. Even though our country is run by people who don’t have the best interest of the people at heart (a massive understatement I know), they are not stupid. It might seem that their actions are idiotic, but these are some of the smartest human beings in this nation and even though they are using their intelligence for their own ends, that does not make them stupid by any stretch of the term. These people are students of history and they know that the best way to strip away liberty and give themselves more power is to do it slowly and gradually while numbing the people to what is happening. They are apt pupils and they are winning. In some ways, I believe that they have already won.

    I was sitting one day with a friend of mine having a discussion about what we thought it would take to make an average American rise up and resist or even potentially fight against the tyranny that is washing over our nation. After many hours of discussion (and more than a couple beers) we came to the conclusion that there is nothing that the government can do to the people which would cause rebellion in mass. I truly believe that even if the government started interning groups of people, the average American wouldn’t give a crap as long as they had their cable TV, the NFL, and shopping. Even in the Liberty movement, the majority of us are more concerned with paying our bills and living our lives that we can’t be bothered to even attend a simple rally or try to wake up our neighbors. We sit behind a keyboard and we complain about Barack Obama and the state of our union and we say that we are going to wait and we will be ready when the time comes. I have something to tell you my brothers and sisters, the time is now. I feel like a broken record saying that you must do something. I am NOT saying to take up arms (yet) and to start fighting. I am merely saying to get motivated and do anything even if it’s something as simple as talking to your friends and neighbors about this stuff or going to a rally. Anything is better than sitting behind a computer and complaining.

    If you would indulge me, I would request for every one of you to do something simple for me. It is a simple act which requires minimal effort and resources on your part. You will still be able to go and watch prime-time TV and do your last minute Christmas shopping, but if every single person who reads this article does this, we will have made a difference and maybe, just maybe, the people will follow and we can start the long battle back to where we need to be. Are you ready? Please stand up, move away from your computer or put down your phone, and tell a friend who you know is not awake and try to convince them of the truth. Do not tell them conspiracy theories or rant and rave, but focus on exposing them to the things that can be proven by the mainstream media. Connect the dots for them by showing them how the Department of Homeland Security is buying up ammo and that a militarized police is meant to protect the government from us. Explain to them how the Bill of Rights has been stripped away and is barely even the law of the land. Show and explain to them what the Patriot Act really means. Prove to them that the Founding Fathers valued freedom over safety. Nothing that you say will be able to be refuted as long as you use history and facts. Maybe they will be able to see the truth behind the curtain (or maybe not) and maybe they will do the same for a friend of theirs.

    There is a lot of anger and a lot of disgust at what is happening at all levels of government but I have seen very little in the form of action as evident with almost every single rally and protest that I’ve been to over the last several years. For God’s sake, please my brothers and sisters, The Republic needs you to do more than complain. It needs you to stop waiting and to start acting. God bless you all and God bless the Republic.

  13. “A Congress that Took the Oath Seriously would Impeach Judge Richard Posner”
    And if Congress does not impeach him, then it is left to the people.
    So I ask you what are the people to do?
    I see only one recourse.

  14. The reason you can’t understand how these judicial tyrannists get away with what they do, is that you don’t understand one word. JURISDICTION. They are NOT your legitimate courts. They are corporate tribunals working within the mostly foreign owned for profit governmental services corporations masquerading as our legitimate government. THEY ARE ALL CRIMINALS posing as office holders, judges, congressmen etc.
    Read some true history of how this was foisted on the American state nationals who are owed the jurisdiction of the land by that same treaty of Paris that referred to us as “Free, sovereign, and independent people of the united States of America. Our states are all independent nations.

    http://annavonreitz.com/fundamentalgovernmentstructure.pdf

    http://annavonreitz.com/solidsources.pdf

  15. I swear to protect and defend the Constitution of the Untied States & the Bill OF Rights and if they do not believe that then they should not hold office JMO

  16. If this Congress wasn’t bought and paid for by our enemies they would have impeached A LOT OF THE CORRUPT IN WASHINGTON.

  17. The effectiveness of the many elite- corporate- and government-owned propaganda venues is such that I fear the number of complacent USA sheep will continuously grow until the percentage of the populace willing to engage in Revolutionary War Two will dwindle to a minute number easily destroyed by the tyrant’s enforcement lackeys.

  18. I agree with Stewart that Posner should be impeached for treason. He is nothing but a pupit who will not read the original intent of founding documents. John Locke and his Second Treatise on Civil Government. In that our natural rights come from our Creator to life, liberty and property. The civil state is beholden to the people, and has power over the people only insofar as it exists to protect and preserve their welfare.
    Bible is also clear on justice. Michah 6:8 ASV He hath showed thee, O man, what is good; and what doth Jehovah require of thee, but to do justly, and to love kindness, and to walk humbly with thy God?

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