NO BILLS OF ATTAINDER; NO BILLS OF PAINS AND PENALTIES;
NO BILLS OF CREDIT; AND NO TITLES OF NOBILITY, THEREFORE NO ATTAINDER
U.S. CONST. ART. I § 9 & 10; BABY BELL CASES 154 F. 3d 226
EXPRESSED PROHIBITIONS of GOVERNMENT AUTHORITY
AGREED TO BY VOLUNTARY SWORN OATH OF OFFICE

WHAT ARE THESE SUPREME PROHIBITIVE LAWS OF THE LAND?

UNDER A STANDING FREEDOM OF INFORMATION ACT REQUEST 5 USC 552,

WHY DOESN'T AMERICA KNOW?  WHEN DID THESE LAWS END?

When the law ends, tyranny begins. John Locke

"Liberty is the proper end and object of authority."
John Winthrop 12-term Governor of the Massachusetts Bay Colony. Our Nation's Archive © 1999 page 47
BIBLE, Hosea 4:6  MY PEOPLE ARE DESTROYED FOR LACK OF KNOWLEDGE...
BIBLE, JOHN 8:32 AND YE SHALL KNOW THE TRUTH AND THE TRUTH SHALL MAKE YOU FREE”

JAMES RICHARD MICHAEL ORGERON
Created Easter Sunday April 23, 2000 in the year of the Dragon, without prejudice in its entirety,
UCC 1-207.  Young at Heart, I  Dare to Dream. Born in New Orleans Louisiana Sept. 1952, Year of the Dragon, a Virgo



The greatest gift that one generation can give to the next is a reverence for the past to ensure the future.
 


"Attainder or Outlawing"

A Bill of Attainder may be defined to be an Act of Parliament (Legislature, Government) for putting a man (person or group)  to death or otherwise punishing him (them) without a trial in the usual form.
The clause in the Constitution prohibiting bills of attainder prohibits bills of pains and penalties.
Constitutional Law, Punishment imposed by court cannot be a Bill of Attainder

The Right to keep and bear Arms was ATTAINED in Germany by registration and confiscation.  Jews were ATTAINED in Egypt and Germany.  American Indians were ATTAINED and removed to Reservations.  African Americans who could not own guns were ATTAINED and enslaved, when they escaped they were OUTLAWED, and returned by Fugitive Slave Act. Confederate Soldiers and Communists were ATTAINED, BLACKLISTED and Denied Work.  Japanese Americans were ATTAINED and placed into American CONCENTRATION camps during World War II.   Taxpayers are ATTAINED, when they withhold payments, they are OUTLAWED.  Tyrannical Communist Regimes ATTAIN and Prohibit Free Speech and Fair Trials.  Noncustodial Parents are ATTAINED, OUTLAWED, BLACKLISTED, ENSLAVED and returned to the service of their Custodial Parents by a New Fugitive Slave Act, the Deadbeat Parents Punishment Act.  Custodial Parents have ATTAINED Titles of Nobility, Preferment of Court & Slaves.
 

FOR A BLACK AND WHITE COPY  EMAIL jimo9@earthlink.net
 
 

"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"



BIBLE, II CORINTHIANS 3:6 ...not the letter, but the spirit; for the letter killeth, but the spirit giveth life. (*1)
 

Written and Published under the Protection of U.S. Const. Amend I .  Congress shall make no law respecting an establishment of religion, or prohibiting the FREE EXERCISE thereof; or abridging the Freedom  Speech or of the Press or the Right of the People peaceably to assemble and Petition the Government for a Redress of Grievances.

Our Constitution was written under the COMMON LAW precepts of LIFE & LIBERTY, as identified in the Declaration of Independence, which prohibited the GOVERNMENT from issuing EX POST FACTO PRETEND LEGISLATION, UNWARRANTABLE JURISDICTIONS, Victimless Crimes or otherwise known as OUTLAWING,  ATTAINDER or PRETEND OFFENSES (COLORABLE CRIMES) "BILLS of ATTAINDER."  The Nobility of the King's Court was notorious for "ATTAINING" anyone or anything, as the King so ORDERED with many INNOCENTS  suffering "ATTAINDER."   A CRIME causes an actual injury to another person's Life or Liberty.  There must be a COMPLAINT of an ACTUAL INJURED PARTY,  a real INJURY, a real CRIME.   SIMPLY stated under the U.S. Constitution you are at LIBERTY to do whatever you want as long as you DO NOT HURT anyone else.  This  is Supported by the U.S. Criminal Code Title 18 § 241, 242 prohibiting the Government or anyone from conspiring to or violating  any American State Citizen under the Color of  Law, PRETEND LEGISLATION.   Do this, don't do that or we the government will "ATTAIN" you, fine you or throw you into PRISON, "ATTAINDER."    NO  ONE  can GUARANTEE HAPPINESS so ONLY the "PURSUIT" of HAPPINESS was GUARANTEED.  ONLY THE  LIE OF COMMUNISM CAN FALSELY PROMISE HAPPINESS, WHICH OTHERS ARE COMPELLED TO PROVIDE UNDER TYRANNY.  COMMUNISM submits to the Natural Corrupt Liberties of Man BEARING FLASE WITNESS AGAINST HIS HEIGHBOR TO "ATTAIN," COVET or STEAL HIS NEIGHBOR'S LIBERTY {time, money, rights or property).
 

The greatest gift that one generation can give to the next is a reverence for the past to ensure the future.
 

YOU might ask, why I cite the BIBLE in my work?  Well I will allow PUBLIC LAW 97-280 to explain: 97th Congress; 96 STAT. 1211; S.J. Res. 165.  WHEREAS the Bible the Word of God, has made a unique contribution in shaping the United States as a distinctive and blessed nation and people...as in the words of President Jackson that the Bible is "the ROCK on which our REPUBLIC rest."...Resolved by the Senate and House of Representative of the United States assembled, That the President is authorized and requested to designate 1983 as a national YEAR of the Bible in recognition of both the formative influence the Bible has been for our Nation, and our national need to study and apply the teachings of the Holy Scriptures. Approved Oct. 4, 1982  Additionally Congress issued the first school book, the BIBLE.

Under the FALSE Premise of  "total" SEPARATION of CHURCH and STATE (Communism?) barring any religion from FREE EXERCISE of their FAITH anywhere, the GOVERNMENT ILLEGALLY ESTABLISHES Atheism as the OFFICIAL GOVERNMENT Religion, thereby ATTAINING the FREE EXERCISE of most all other RELIGIONS. The BIBLE is a LEGAL resource used by judges and several copies exist in the FIFTH Circuit Court of Appeals Law Library.  According to the clerk these BIBLE[S] are used by the Court of Appeals in determination of cases.

BIBLE, JOHN 17:17  SANCTIFY THEM THROUGH THY TRUTH: THY WORD IS TRUTH. (*1)

William Penn, "Those people who are not governed by God will be ruled by tyrants." (*2)

Directly above the Chief Justice's Chair is a tablet Signifying the TEN COMMANDMENTS. When the Speaker of the House looks up, his eyes look directly into the face of Moses. (*1)  The Supreme legislator of the universe ONLY has TEN COMMANDMENTS contained in One Volume the Bible or TWO Tablets.  Henry David Thoreau, "I heartily accept the motto, That government is best which governs least."

BIBLE, JAMES 1:25  But whoso looketh into the perfect law of liberty, and continueth therein, he being not a forgetful hearer, but a doer of the work, this man shall be blessed in his deeds. (*1)

BIBLE, II CORINTHIANS 3:17  Now the Lord is that Spirit: and where the Spirit of the Lord is, there is LIBERTY. (*1)

Federalist 78 Para 8 & 9, Hamilton:  For I agree that "there is no liberty if the power of the judging be not separated from the legislative and executive powers."  The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified EXCEPTIONS to legislative authority; such as it shall pass no bills of attainder, no ex post facto laws and the like.  Limitations of this kind can be preserved in no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights and privileges would amount to nothing.

"To embarrass justice by a multiplicity of laws, or to hazard it by confidence in judges, are the opposite rocks on which all civil institutions have been wrecked." Johnson-- engraved in Minnesota State Capitol, Outside the Supreme Court Chambers. (*2)

"The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...  The Jury has an unreviewable and unreversable power...to acquit in disregard of the instructions on the law given by a trial judge..." (emphasis added) U.S. v. Dougherty, 473 F.2nd 1113, 1139 (1972)  (*2)

GOVERNMENT at all levels defending its natural corrupt liberties will suffer the loss of power and may NOT be willing to ENDURE  THE LEAST  RESTRAINT OF OUR MOST  JUST AUTHORITY, the SUPREME PROHIBITIONS of CONSTITUTIONAL AUTHORITY.  So it may be up to the PEOPLE on JURY DUTY, VOTING, LOBBYING and WORD of MOUTH to Spread the MESSAGE of LIBERTY.

THERE IS A TWO FOLD LIBERTY (1)Natural Liberty common to man and beast is incompatible and inconsistent with authority, and cannot endure the least RESTRAINT of the most just authority. (2)Civil or Federal Liberty it may also be termed Moral Liberty in reference to the covenant between God and man, in the moral...and the politic covenants and constitutions, amongst men themselves.  This Liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only, which is good, just and honest, This liberty you are to stand for, with the hazard of your lives, if need be.  John Winthrop 12 term governor of the Massachusetts Bay Colony in about 1645 speech. Our Nation's Archive © 1999 pg 47

The greatest gift that one generation can give to the next is a reverence for the past to ensure the future.

I highly recommend the following for their OUTSTANDING Contributions, but allow everyone their own beliefs and preferences:
(*1)  The Rainbow Study Bible, King James Version Bold Letter Edition © 1996
Rainbow Studies Inc.; El Reno, Oklahoma 73036; USA
(*2)  CITIZENS RULE BOOK, a.k.a. Jury Handbook
Whitten Printers; 1001 S. 5th St., Phonix, AZ 85004 (602) 258-6406
FULLY INFORMED JURY ASSOCIATION  http://www.fija.org/
(*3)  Our Nation's Archive,  The History of the United States in Documents  © 1999
Published by Black Dog & Leventhal Publishers, Inc.;151 West 19th Street, New York 10011
Distributed by Workman Publishing Company; 708 Broadway, New York, NY 10003
(*4)  U.S. CONSTITUTION FOR EVERYONE © 1987 (28th printing)
A Perigee Book published by The Berkley Publishing Group; 200 Madison Ave. New York, NY 10016
(*5)  The Federalist Papers, Hamilton, Madison, Jay © 1961 (32nd printing)
Published by Penguin Books USA Inc.; 375 Hudson Street; New York, NY 10014, USA
(*6)  BLOND'S CONSTITUTIONAL LAW © 1993
Sulzburger & Graham Publishing, Ltd. 800 366-7086
 
 



 
 

HOW DO PRIVATE OR SPECIAL INTEREST EXIST, ETHICALLY?

DISCLAIMER: A government that does NOT honor one law may NOT honor any law.

"Liberty is the proper end and object of authority"

OUTLAWING AND FORCE ARE THE TOOL OF TYRANTS

THIS IS NOT AN INDICTMENT OF ANYONE, BUT IDENTIFIES THE MOST IMPORTANT PROHIBITIONS OF WE THE PEOPLE'S LIMITED CONSTITUTIONAL GOVERNMENT

EMAIL jimo9@earthlink.net

United States Code of Ethics for Government Service Make no private promises of any office, since a government employee has no private word, which can be binding upon Public duty.   Displayed in the Fifth Circuit Court of Appeals, the John Minor Wisdom Building.  Federalist 10 & 51


DICTATORS & DEMOCRACY

OUR U.S. Constitution is the Oldest Written Constitution in the world, note Professor Judith A. Best, created a democratic Federal Republic: "We are NOT, NEVER have been, and were NOT intended to be a simple democracy, because a simple democracy is a form of tyranny --- a majority tyranny." (*4)

Federalist 51 In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign, as in a state of nature where the weaker individual is not secure against the violence of the stronger.

Dictators "hold power" by exploiting human differences and DESTROYING human lives.  President William Jefferson Clinton 11-23-99, Channel 22 News About 8:10 AM  MST
History tells us that bad people with bad motives always attack things of value. President William Jefferson Clinton 2-11-00, responding to E business attacks on the Internet.

The Whim of the KING (DICTATOR) "ATTAINDER" is the main reason our United States Constitution was written TO PREVENT ARBITRARY, INCONSISTENT, TYRANNICAL, DESPOTIC GOVERNMENT ACTS . WHENEVER any GOVERNMENT ENTITY ATTAINS the "RIGHT to SAY WHAT THE LAW IS" with TOTAL IMMUNITY ", then that ENTITY has "ATTAINED" the status of SOVEREIGN, DICTATOR or KING,  EXPRESSLY PROHIBITED by THE NO TITLES OF NOBILITY CLAUSE. IT DOES NOT MATTER if ILLEGAL AUTHORITY was ATTAINED by FORCE or GRADUAL ATTAINMENT. The RESULT IS THE SAME.

 NO TITLE OF NOBILITY  http://supct.law.cornell.edu/supct/html/93-1841.ZC.html
515 U.S. 200 (1995) No. 93-1841   No ATTAINDER of a debtor race, therefore no easily identified debtor person or group.  i.e. race, taxpayer, religion or parent?

 Precedence, Preferment and Attainder  http://www.ren.dm.net/compendium/22.html
 

DICTATORS COME TO POWER BY INCITING THE DOMESTIC INSURRECTION OF MAJORITY FACTIONS, MAKING PROMISES TO A MAJORITY OF PEOPLE.  WHEN THE DICTATOR MOVES TO GRANT THESE PROMISES, HE IS LOVED AND PROTECTED BY HIS PEOPLE, THE MAJORITY FACTIONS, MOB RULE, A PURE DEMOCRACY.  DICTATORS BUY THEIR POWER BY STEALING THE MONEY AND PROPERTY OF THE OPPRESSED MINORITIES TO GIVE TO HIS PEOPLE.

Federalist Papers 83 Hamilton Paragraph 16 Cl. 2
Willful abuses of a public authority, to the oppression of the subject, and every species of Official Extortion, are offenses against the government, for which the persons who commit them may be indicted and punished according to the circumstances of the case.

ADOLPH HITLER WAS LOVED BY THE GERMAN PEOPLE.  HITLER GOT THINGS DONE.  HIS IMMORAL ORDERS WERE FOLLOWED TO THE LETTER OF HIS LAW.  THOSE THAT FOLLOWED HIS ORDERS WERE SENTENCED TO BE HANGED BY THE NUREMBURG TRIALS, WHO CITED "A HIGHER AUTHORITY" BEFORE ANYONE ENFORCE IMMORAL ORDERS.

DICTATORS ARE DANGEROUS BECAUSE THEY CAN ARBITRARILY OR INCONSISTENTLY SAY WHAT THE LAW IS, THEN ARBITRARILY ENFORCE THE LAW.  DICTATORS GET THINGS DONE.  THE IS A SIMPLE DEFINITION OF A TYRANT OR DESPOT.

OUR CONSTITUTIONAL REPUBLIC GUARANTEES EQUAL PROTECTION WITH LIBERTY AND JUSTICE FOR ALL.  NO ARBITRARY INCONSISTENT DISCRIMINATION, "NO ATTAINDER." ALL ARE EQUAL BEFORE THE LAW.   OUR CONSTITUTION WAS WRITTEN TO BIND THE HANDS OF WOULD BE DICTATORS, WHO NEED TO GET THINGS DONE, THEREBY IMPAIRING THE FAST TRACK TO TYRANNY.

PEOPLE WHO HAVE SURVIVED A DICTATORIAL REGIME KNOW ALL TO WELL WHAT A DICTATOR IS ALL ABOUT.  ASK ANY SURVIVOR OF THE HOLOCAUST, A SURVIVOR OF DELIBERATE STARVATION IN RUSSIA OR ANY CUBAN IMMIGRANT.


WHAT PART OF "NO" DOESN'T THE GOVERNMENT UNDERSTAND?
NO NOBILITY, THEREFORE NO ATTAINDER;
NO BILLS OF ATTAINDER; AND NO BILLS OF CREDIT

EMAIL jimo9@earthlink.net

BIBLE, Hosea 4:6  MY PEOPLE ARE DESTROYED FOR LACK OF KNOWLEDGE...

WHY is it then, that MOST AMERICANS and MOST LAWYERS "DO NOT KNOW" what: NO TITLE of NOBILITY, therefore NO ATTAINDER; NO Bill of Attainder; NO Bill of Pains and Penalties; or NO Bills of Credit ARE?  Why are these definitions so OBSCURE?   OR have we just forgotten?  U.S. Const Art. I Sec. 9 & 10.
BIBLE, JOHN 17:17  SANCTIFY THEM THROUGH THY TRUTH: THY WORD IS TRUTH.
BIBLE, JOHN 3:20-21  FOR EVERY ONE THAT DOETH EVIL HATETH THE LIGHT, NEITHER COMETH TO THE LIGHT, LEST HIS DEEDS SHOULD BE REPROVED.   BUT HE THAT DOETH TRUTH COMETH TO LIGHT, THAT HIS DEEDS MAY BE MADE MANIFEST, THAT THEY ARE WROUGHT GOD.

The SUPREME COURTS AUTHORITY ONLY in DEFENSE of the Constitution, which is "We the People,"  Liberty the proper end and object of Authority, which is the "Spirit and Scope" of the Constitution,  WHENEVER any American Citizen or group of American Citizens are Challenging the Government's Authority.
Federalist Papers James Madison No. 44 § 1. Paragraph 5
Bills of Attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact and to every principle of sound legislation.  The two former are expressly prohibited...and all of them are prohibited by the SPIRIT and SCOPE of these fundamental charters. Our own experiences have nevertheless taught us that additional FENCES against these dangers ought NOT be omitted. [EXPANDS the SPIRIT and SCOPE of said PROHIBITIONS]

JURY checks GOVERNMENT and COURT checks Majority Oppressions.
THE SUPREME COURT'S AUTHORITY. Blond's Constitutional Law © 1993 Excerpt.
II. REVIEW OF CONGRESSIONAL ACTS.
A. Maybury v. Madison established the doctrine of judicial review: the Supreme Court is the ultimate interperter of the Constitution for the coordinate branches of Government.
B. The Judiciary Act of 1789 authorized the Supreme Court to issue writs of Mandamus (an order to compel an official to perform a duty) to persons holding office under U.S. authority. {We the People's Authority, the Constitution} According to Chief Justice Marshal  (the first Chief Justice), this statute was at odds with Art III, § 2 of the Constitution, which only granted the Supreme Court original jurisdiction in certain types of cases.  The Federal statute therefore unconstitutional because the issuance of writs of mandamus in this type of case fell outside the purview of Article III.
C. As a species of law, the Constitution is within the province of the Judiciary.  The Constitution is also the Supreme Law of the Land, and the Supreme Court like other judges are constitutionally bound to protect that supremacy.  Any statue at variance with the Constitution is therefore null and void Article VI.
D. The judicial branch of the government has a duty and power to declare WHAT THE LAW IS.  Maybury v. Madison.  The Supreme Court has the authority to declare a statue unconstitutional and refuse to apply it.
III. REVIEW OF STATE LAWS.  Article VI establishes that the "Constitution, and the laws of the United States...made in Pursuance thereof; and all treaties made...under the authority of the United States, shall be the supreme Law of the Land; and the Judges in every state shall be bound thereby..."  Thus, state court judges must follow the U.S. Constitution, even when state laws conflict with it.  The Supreme Court's power to assess the constitutionality of state legislation logically extends from its role as the ultimate arbiter of the Constitution.

"All laws which are repugnant to the Constitution are null and void" Maybury v. Madison 5 US (2 Cranch) 137, 174, 176 (1803)

Liberty the proper end and object of authority ALWAYS places the burden of proof on the Government.  CONSTANT Writ of Mandamus.
 
 

DOES NOT COVER: NO TITLES OF NOBILITY, NO BILLS OF PAINS AND PENALTIES OR NO BILLS OF CREDIT. WHY?

Blond's Constitutional Law © 1993 Excerpts.  "OUTLINES" More than one hundred lawyers and law students were interviewed...Most complained that their case books did not teach them the law...  The Following EXCERPT on "NO BILLS OF ATTAINDER" demonstrates that MOST LAWYERS DON'T KNOW WHAT ATTAINDER is AND the COURTS (judges, former lawyers)  may believe or do NOT know that they are ARBITRARILY, INCONSISTENTLY, TYRANNICALLY and DESPOTICALLY perverting an EXPRESSED PROHIBITION of LIMITED AUTHORITY.  16A C.J.S. § 429 D. BILLS OF ATTAINDER, Constitutional Law, Punishment imposed by court cannot be a Bill of Attainder. p384
Chapter 7 Substantive Due Process   VI. OTHER RESTRICTIONS
A. (Omits "NO") Bills of Attainder  In Article I, § 10 cl. 1 and in Article I, § 9 cl. 3 the Constitution PROHIBITS a State or the federal government respectively from legislatively enacting Bills of Attainder.  The Clauses proscribe any legislative act "no matter what its form, that applies either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them with a judicial trial."
{UNCONSTITUTIONAL EXCEPTION} However, the fact that a legislative act imposes burdens on an individual or an easily identifiable group of persons does not mean the act is a Bill of Attainder. To classify an act as a Bill of Attainder, the Court must first determine whether{arbitrarily say what the law is}:
1. The punishment imposed by the act is "traditionally judged to be prohibited by the Bill of Attainder Clause" {UNCONSTITUTIONAL EXCEPTION};
2. The act furthers non-punitive goals, given the type and severity of the burden imposed {UNCONSTITUTIONAL EXCEPTION};
3. The legislative motive evidences a congressional intent to punish; and
4. Less burdensome alternatives are available. {UNCONSTITUTIONAL EXCEPTION}

FORTUNATELY THESE EXPRESSED CONSTITUTIONAL PROHIBITIONS of LIMITED GOVERNMENT AUTHORITY eliminate MOST of the FEARED DANGERS of a TYRANNICAL DICTATORIAL GOVERNMENT:

AMERICA CANNOT SURVIVE WITH THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, ATTAINED.

NO PRESUMPTIONS OF GUILT AND NO STATE DEBTS

"NO" TITLES OF  NOBILITY - THEREFORE "NO ATTAINDER" by ARBITRARY, INCONSISTENT or TYRANNICAL ACTS without FUNDAMENTAL DUE PROCESS.

"NO" BILLS OF ATTAINDER - THEREFORE NO DEATH SENTENCES without FUNDAMENTAL DUE PROCESS.

"NO" BILLS OF PAINS AND PENALTIES - THEREFORE NO FINES, PENALTIES or IMPRISONMENT without FUNDAMENTAL DUE PROCESS.

"NO BILLS of CREDIT:  NO STATE DEBTS.  Alleged State debts may also be a  PROHIBITED letter of Marquee and Reprisals.


THEREFORE NO ARBITRARY or INCONSISTENT ATTAINDER OF PERSONS, PROPERTY, FACT, TRUTH, UNALIENABLE RIGHT, CONSTITUTIONAL RIGHT, CIVIL RIGHT or GUILT without FUNDAMENTAL DUE PROCESS. Reid v. Covert 354 US 1

NO OUTLAWING, NO LYNCHING, NO MOCK TRIALS, NO MOB RULE, NO PURE DEMOCRACY, NO RULE BY POLL, NO ATTAINDER BILLS, NO ATTAINDER LAWS,  "NO COMPELLED" VOLUNTARY INCOME TAXES or SUPPORT, NO TRAFFIC TICKETS;  NO SEIZURES of POWER, PERSONS, PROPERTY, FREE SPEECH, or PETITIONS for REDRESS of GRIEVANCES. Reid v. Covert 354 US 1

DUE PROCESS REQUIRES A TRUE VERDICT BY AN IMPARTIAL JURY, NOT a FRAUDULENT VERDICT by an ATTAINED or TAINTED JURY kept ignorant of their TRUE power or a JURY MOVING based on the DICTATORIAL EDICT of the JUDGE to say "what the law is".  Reid v. Covert 354 US 1

THE JURY "We the People" THE ORIGINAL and FOURTH BRANCH of GOVERNMENT have the UNALIENABLE RIGHT TO OVERTURN BOTH LAW AND FACT IN CONTROVERSY. WE the PEOPLE SAY WHAT THE LAW IS and the THREE GOVERNMENTAL BRANCHES of OUR REPUBLIC are to provide "EQUAL PROTECTION" to ENSURE that NO SINGLE AMERICAN or GROUP is OPPRESSED by a MAJORITY.  NO CLASS WARFARE, NO DISCRIMINATION.  Federalist 10 & 51 James Madison, the Father of the Constitution.

Federalist 78 Para 8 & 9, Hamilton:  For I agree that "there is no liberty if the power of the judging be Not separated from the legislative and executive powers."  The complete independence of the courts of justice is peculiarly essential in a limited Constitution.  By a limited Constitution, I understand one which contains certain specified EXCEPTIONS to legislative authority; such as it shall pass NO bills of attainder, NO ex post facto laws and the like.  Limitations of this kind can be preserved in NO other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights and privileges would amount to nothing. JURY checks GOVERNMENT and GOVERNMENT checks Majority Oppressions.

"The people are the Masters of both Congress and Courts, NOT to overthrow the Constitution, but to overthrow the men who pervert it!" Abraham Lincoln (*2)

"To embarrass justice by a multiplicity of laws, or to hazard it by confidence in judges, are the opposite rocks on which all civil institutions have been wrecked." Johnson-- engraved in Minnesota State Capitol, Outside the Supreme Court Chambers.(*2)

"The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...  The Jury has an unreviewable and unreversable power...to acquit in disregard of the instructions on the law given by a trial judge..." (emphasis added) U.S. v. Dougherty, 473 F.2nd 1113, 1139 (1972) (*2)

Thomas Jefferson's Warnings: "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 should 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..." (*2)

"Liberty is the proper end and object of government" John Winthrop. (*3) But when you call one to be a magistrate, he doth not profess nor understand to have sufficient skill for that office, nor can you furnish him with gifts, etc; therefore you must run the hazard of his skills and ability. But if he fails in faithfulness, which by his oath he is bound unto, that he must answer for...

"Rulers have no authority from God to do mischief" Jonathan Mayhew advocated the theories British Philosopher John Locke.  Mayhew affirmed the right of people to overthrow a tyrannical government. He speaks here to the duty of individual citizens to preserve their rights in the face of despotic rulers.  "It is universally better to obey God than man when the laws of God and man clash and interfere with one another..."Rulers have no authority from God to do mischief"...It is a blasphemy to call tyrants and oppressors God's Ministers.  No Rulers are properly God's ministers but such as are "just, ruling in the fear of God."  When once magistrates act contrary to their office, and the end of their institution -- when they rob and ruin the public, instead of being guardians of its peace and welfare -- they immediately cease to be the ordinance and ministers of God, and no more deserve that glorious character than common pirates and highwaymen.  If magistrates are unrighteous...the main end of civil government will be frustrated.


CONSERVATIVE AMERICAN LIBERTY
v.
LIBERAL COMMUNISTIC ENSLAVEMENT

To be LEGAL, any law, rule, order or government act, MUST be CONSTITUTIONAL.  But WHAT if the GOVERNMENT DOES NOT know OR is Deliberately IGNORING an EXPRESSED PROHIBITIONS of LIMITED AUTHORITY?

FRAUD: is the misrepresentation of a fact; suppression of a fact; the misrepresentation of a fact by failing to disclose, remaining, silent a FRAUD BY OMISSION; or Fraud by DELAY.

U.S. v Throckmorton 98 US 61 p65 Fraud vitiates the consent of the most solemn contracts, documents and even judgments.
Nuda v. Burrows Fraud destroys the validity of everything into which it enters.
 “All laws which are repugnant to the constitution are NULL and Void.” Maybury v. 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.”  Miranda v. Arizona 384 US 436 p.491.
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protections; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County 118 US 425 p.442
“No one is bound to obey any unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2d, Sec 177; late 2d, Sec 256

Ask YOURSELF,  DO you have any Idea, what a BILL of ATTAINDER may be?  How about ATTAINDER?

BIBLE, JOHN 3:21  BUT HE THAT DOETH TRUTH COMETH TO LIGHT...

James Madison was Convinced that "most of our political evils may be traced to our commercial ones," and Hamilton ...asking all 13 states to...May 1787 to "take into consideration the trade and commerce of the United States"  (*4)  THE COMMERCE CLAUSE.

A Law should be MORAL, for the good of Society.  Why is it that Most believe as did Our Forefathers that the TEN COMMANDMENTS were the Best RULES for SOCIETY ever Written? ITs because they are SELF-EVIDENT TRUTHS.
I will Mention ONLY a few here to support my point.  BIBLE, EXODUS 20:15-17

THOU SHALT NOT STEAL.

THOU SHALT NOT BEAR  FALSE WITNESS AGAINST THY NEIGHBOUR

THOU SHALT NOT COVET THY NEIGHBOUR'S HOUSE, THOU SHALT NOT COVET THY NEIGHBOUR'S WIFE, NOR HIS MANSERVANT, NOR HIS MAIDSERVANT, NOR HIS ASS, NOR ANYTHING THAT IS THY NEIGHBOUR'S. [includes his Liberty, time, money, rights or property]

OUR U.S. Constitution is the Oldest Written Constitution in the world, notes Professor Judith A. Best, created a democratic Federal Republic: "We are NOT, NEVER have been, and were NOT intended to be a simple democracy, because a simple democracy is a form of tyranny --- a majority tyranny." (*4)

CURRENTLY IN AMERICAN POLITICS:

The CONSERVATIVE "ATTAINS" his PROVISIONS (PROFITS from his LABOR) but is willing to SHARE, "VOLUNTARILY." AMERICAN VIRTUE, CHARITY

The LIBERAL (Special Interest) DEMANDS a UNEARNED SHARE to "ATTAIN OTHER PEOPLES MONEY"  for WHATEVER REASON BEARING FALSE WITNESS AGAINST his NEIGHBOUR  the CONSERVATIVES. COMMUNIST EVIL, COVETOUSNESS, STEALING

MOST ALL APPROPRIATION BILLS [OTHER PEOPLES MONEY], "BILLS OF ATTAINDER" ARE THE EVIL COMMUNISTIC "COMMERCIAL" TRANSFER of WEALTH.   PLANK TWO OF THE COMMUNIST MANIFESTO is a  HEAVY PROGRESSIVE INCOME TAX

WHEN THE GOVERNMENT USES MANDATORY MEASURES "OUTLAWING" or "ECONOMIC WARFARE" TO TRANSFER WEALTH "ATTAINDER, YOUR NOT PAYING YOUR FAIR SHARE", IT IS MOVING UNDER A EVIL FOREIGN COMMUNIST LIE TO STEAL.  THREATS MAKE IT EXTORTION, ROBBERY and ECONOMIC WARFARE.  SUBSEQUENT DISTRIBUTION or COMMERCIAL PAYMENT TO THE NOBILITY the COMMUNISTIC LIBERAL, BECOMES BRIBERY FOR THE SUPPORT OF MOB RULE AND POWER.  The POLITICIAN CALLS IT BRINGING HOME THE BACON, FUNDING or APPROPRIATIONS.

TO make it easier to COLLECT the HEAVY INCOME TAXES, the GOVERNMENT DIRECTS the EMPLOYER TO WITHHOLD "ATTAIN" WAGES, a "BILL OF ATTAINDER", IMPAIRING THE OBLIGATIONS OF THE EMPLOYER'S CONTRACT, who is REQUIRED to pay the FULL AMOUNT DUE to the EMPLOYEE, impairing the obligations of the employment contract.

Federalist Papers James Madison No. 44 § 1. Paragraph 5
Bills of Attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact and to every principle of sound legislation.  The two former are expressly prohibited...and all of them are prohibited by the SPIRIT and SCOPE of these fundamental charters. Our own experiences have nevertheless taught us that additional FENCES against these dangers ought NOT be omitted. [EXPANDS the SPIRIT and SCOPE of said PROHIBITIONS]

Bill of Attainder Project  http://www.isc-durant.com
EXPANDS the SPIRIT and SCOPE of the EXPRESSED PROHIBITIONS.

Tech Law Journal Bill of Attainder  http://www.techlawjournal.com/glossary/legal/attainder.htm
LIMITS the SPIRIT and SCOPE of the EXPRESSED PROHIBITIONS.

The Catholic Encyclopedia, Attainder  http://www.newadvent.org/cathen/02059c.htm
Historical accounting of Bills of Attainder.
 

Dictators "hold power" by exploiting human differences and DESTROYING human lives.  President William Jefferson Clinton 11-23-99, Channel 22 News About 8:10 AM  MST
History tells us that bad people with bad motives always attack things of value. President William Jefferson Clinton 2-11-00, responding to E business attacks on the Internet.

The Whim of the KING (DICTATOR) "ATTAINDER" is the main reason our United States Constitution was written TO PREVENT ARBITRARY, INCONSISTENT, TYRANNICAL, DESPOTIC GOVERNMENT ACTS . WHENEVER any GOVERNMENT ENTITY ATTAINS the "RIGHT to SAY WHAT THE LAW IS" with TOTAL IMMUNITY ", then that ENTITY has "ATTAINED" the status of SOVEREIGN, DICTATOR or KING,  EXPRESSLY PROHIBITED by THE NO TITLES OF NOBILITY CLAUSE. IT DOES NOT MATTER if ILLEGAL AUTHORITY was ATTAINED by FORCE or GRADUAL ATTAINMENT. The RESULT IS THE SAME.

 NO TITLE OF NOBILITY  http://supct.law.cornell.edu/supct/html/93-1841.ZC.html
515 U.S. 200 (1995) No. 93-1841

 Precedence, Preferment and Attainder  http://www.ren.dm.net/compendium/22.html
 

NOBILITY or DICTATORS are DANGEROUS because their OPINIONS COULD NOT BE QUESTIONED and were ENFORCED by PAID PROTECTION.  DOES this SOUND like our Government, as it has EVOLVED.

WHAT HAPPENS WHEN the THREE BRANCHES of GOVERNMENT: the CONGRESS;  the EXECUTIVE; or the JUDICIARY believe they have the RIGHT to SAY WHAT THE LAW IS, with IMMUNITY.  Then THEY ALL have set themselves ABOVE the LAW COMMITTING A VERY SERIOUS ILLEGAL BREACH of THEIR SWORN OATH OF OFFICE.

There IS NO IMMUNITY for WILLFUL IMMORAL ABUSE of Public Authority.

Federalist Papers 83 Hamilton Paragraph 16 Cl. 2
Willful abuses of a public authority, to the oppression of the subject, and every species of Official Extortion, are offenses against the government, for which the persons who commit them may be indicted and punished according to the circumstances of the case.

WE THE PEOPLE's CONSTITUTION created THREE BRANCHES of GOVERNMENT.  Checks and Balances to PROTECT us from any ABUSIVE GOVERNMENT ACTS.   WE the People as the ORIGINAL AND FOURTH BRANCHES CHECKING LIMITED GOVERNMENT AUTHORITY with the JURY, the VOTE and WE the PEOPLE's CONSTITUTIONAL CONTRACT.  FOUR Major CHECKS and BALANCES originating and ending with We the People.

Our CONSCIENCE the JURIES Free Will is being ATTAINED by WITHHOLDING EVIDENCE or by DIRECTIVE.  Our ELECTIONS are ATTAINED by the PROMISES of BRIBES of OTHER PEOPLES MONEY.

It is WE the PEOPLE's SOVEREIGN RIGHT to say WHAT the LAW IS, NOT A pure DEMOCRACY, but a REPUBLIC with the GOVERNMENT insuring NO INDIVIDUAL or GROUP would be "ATTAINED" or ABUSED by MOB RULE. THE INTENT OF OUR GUARANTEED FORM OF GOVERNMENT, a REPUBLIC.

We the PEOPLE in ORDER TO MAINTAIN our SOVEREIGN  CONTROL and WATCHFUL eye on OUR GOVERNMENT provided that IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL ENJOY THE RIGHT TO A SPEEDY AND PUBLIC TRIAL, BY AN IMPARTIAL JURY..., thereby preventing unknown secret illegal government persecutions or activity.  The minute Free Speech is Suppressed, the VERDICT is TAINTED or ATTAINED a MISTRIAL.

On July 28, 1999 a FEDERAL DISTRICT COURT JUDGE, a Constitutional Lawyer stated that I made many arguments NOT yet addressed by the U.S. Supreme Court, but she could NOT allow me to make those arguments before a JURY.   I Stated For the RECORD, that I  had trouble finding an UNDERSTANDABLE DEFINITION OF a BILL of ATTAINDER.  The Judge smiled and stated that, "the law is that way."  I further stated that I  had finally found UNDERSTANDABLE definition[s] in the PUBLIC LIBRARY in a very OLD 1957 Webster's Dictionary identifying the Indictment as UNCONSTITUTIONAL: a Bill of Attainder; a Bill of Pains and Penalties; and a Bill of Credit
FEDERALIST  44  "ADDITIONAL FENCES AGAINST THESE DANGERS OUGHT NOT BE OMITTED"   OUR FOREFATHERS saw Bills of ATTAINDER and Bills Of Pains and Penalties as DANGERS, but yet we don't even know what they are.  AGAIN, WHY NOT????

According to my findings: Attainder; Bills of Attainder; Bills of Pains and Penalties; or Bills of Credit are UNCONSTITUTIONAL. The Constitution was written to PRESERVE LIBERTY and JUSTICE for ALL, NOT to CREATE a GOVERNMENT of NOBILITY (OFFICIALS)  whose PAID PROTECTION insures their IMMUNITY as they ATTAIN the wealth of the PRODUCTIVE CITIZENS by means of ECONOMIC WARFARE to pay BRIBES to OTHERS, especially Majorities or Special Interest.

Confirmed - Cooper v. Aaron, By Chief Justice Earl Warren
No state, legislator, executive or judicial officer can "War" against (or test the limitations of) the Constitution without violating their undertaking to support it (Breach of Oath/Contract, Treason??). The Constitution created a government dedicated to equal justice under law. The Fourteenth Amendment embodied and emphasized that ideal...no State shall deny to any person within its jurisdiction the equal protection of the laws. Our constitutional ideal of equal justice under law is thus made a living truth. (Book, Our Nation's Archive © 1999 pg 701)
 


Webster’s New International Dictionary of the English Language Copyright © 1957.

 FOR A BLACK AND WHITE COPY  EMAIL jimo9@earthlink.net

Attain-to gain possession of, acquire; to fasten guilt upon; to convict to condemn (ordered to pay?)

Attainder - OF ataindre to accuse or convict.  1.) Act of attaining. Or the state of being attained; extincting of civil rights and capacities of a person consequent upon sentence of death or outlawry; as an act of attainder.  Formerly attainder was inseparable consequence of a judicial or legislative sentence for treason or felony, and involved the forfeiture or escheat of all the real and personal property of the condemned person, and such “corruption of blood” that he could neither receive or transmit inheritance, nor could he sue or testify in any court, or claim any legal protection or rights.  In England attainder upon judgment of treason or felony was completely abolished in 1870 (by 33 & 34 Vist c.20) and in the United States Constitution provides (Art. I Section 9 cl 3.) That no bill of attainder shall be passed; (Art. III Section 3) that no attainder of treason (in consequence of a judicial sentence) shall work corruption of the blood or forfeiture, except during the life of the person attained.  A bill of attainder is a (judicial or) legislative act which inflicts the consequences of attainder upon a person without a judicial trial.  Cf.. Outlawry, Forfeiture, Escheat.  2.) Results of attaining; dishonoring; condemnation.

Bill of Attainder-a bill or a statute attaining a person. SEE ATTAINDER 1.)  &  Baby Bell cases 154 F. 3d 226

Bill of Credit-1. Letter of Credit 2. U.S. Constitutional Law.  A bill issued by a State involving the faith and credit of the State and designed to circulate as money on the Credit of the State. “No State shall...emit bills of credit.” U. S. Const. Art. I §10.

Bill of pains and penalties - (common law orgin) A legislative Act imposing upon those who have previously committed a certain act or acts punishment or disability by which the Act was not punishable at the time of its commission.  Strictly the term includes a bill of attainder, but it is mostly used on bills imposing a penalty less than death.  Cf.. Ex Post Facto.


Bouvier’s Law Dictionary Copyright © 1897 & 1914
ATTAINDER-In the United States, the doctrine of Attainder is now scarcely known {WHY?}, although during and shortly after the Revolution, acts of attainder were passed by several of the states.  The passage of such bills is expressly forbidden by the Constitution.
BILL OF PAINS AND PENALTIES - The clause in the Constitution prohibiting bills of attainder prohibits bills of pains and penalties.

Corpus Juris Secundum 7 Copyright © 1980
Attainder-...the immediate inseparable consequence of the common law...a mark of infamy by means of which the offender becomes “attinctus” of “blackened” {BLACKLISTED} the singling out of an individual for legislatively prescribed punishment.
"Blacklists and Other Economic Sanctions"  http://dept.english.upenn.edu/~afilreis/50s/schrecker-blacklist.html from: Ellen Schrecker, THE AGE OF MCCATHYISM: A BRIEF HISTORY WITH DOCUMENTS. (Boston: St. Martins's Press, 1994) documents how people lost their jobs, with redress and passports denied.   Domestic violence agaisnt Americans in the form of economic warfare.

16A C.J.S. § 429 D. BILLS OF ATTAINDER,
Constitutional Law, Punishment imposed by court cannot be a Bill of Attainder. p384

Encyclopedia Britanica © 1974
attainder...the dominant faction (mob rule, illegal democracy?) of the legislature could make any past conduct that it found offensive into a crime... {"OUTLAWING"}
 

BIBLE, JOHN 8:32 AND YE SHALL KNOW THE TRUTH AND THE TRUTH SHALL MAKE YOU FREE”


The greatest gift that one generation can give to the next is a reverence for the past to ensure the future.

STRUGGLES OF THE FUTURE ARE RESOLVED AND PREVENTED BY PROBLEMS OF THE PAST.
THOSE WHO DO NOT KNOW HISTORY ARE DOOMED TO REPEAT IT!

HISTORY REVISITED
Our Nation's Archive © 1999 The History of the United States in Documents

"Liberty is the proper end and object of authority"

John Winthrop a 12 term governor of the Massachusetts Bay Colony. ...We account him who breaks NOT his covenant.  The covenant between you and us is the oath you have taken of us, which is to this purpose, that we shall govern you and judge your causes by the rules of God's law and our own, according to our best skill.   But when you call one to be a magistrate (God's minister, a judge) he doth not profess nor understand to have sufficient skill for that office, nor can you furnish him with gifts, etc; therefore you must run the hazard of his skill and ability. But if he fails in faithfulness, which by his oath he is bound unto, that he must answer for...
There is a twofold liberty  -  natural liberty   versus   civil or federal liberty.   Natural Liberty common to man and beast is incompatible and inconsistent with authority, and cannot endure the least RESTRAINT of the most just authority.  Civil Liberty or Federal Liberty may also be termed Moral Liberty in reference to the covenant between God and man...and the politic covenants and constitutions amongst men themselves.  This Liberty is the proper end and authority, and cannot subsist without it; and it is a Liberty to that only which is good, just, and honest.  This Liberty you are to stand for, with the hazard of your lives if need be.
This Liberty maintained and exercised in a way of subjection to authority; it is of the same kind of Liberty wherewith Christ hath made us free.  The women's own choice (voluntary surrender) makes such a man her husband; yet, being so chosen, he is her lord, and she is subject to him, yet in a way of LIBERTY, not bondage; and a true wife accounts her subjection her honor and her freedom,  and would not think her condition safe and free but in her subjection to her husband's authority.
BEWARE OF THE ADULTEROUS POLYGAMIST WHO WOULD COVET YOUR WIVES OFFERING GUARANTEED SECURITIES FOR THE SOWN EVILS OF DIVORCE AND ALL THE EVIL IT REAPS..
 
 

"Be upon our guard against power"
This CASE is the personification of We the People's Power, the JURY

The trial of John Peter Zenger in 1734 established the principle of freedom of the press in America.  Zenger criticized New York Governor William Cosby.  Zenger wrote. "We see men's deeds destroyed, judges ARBITRARILY displaced, new courts erected, without consent of the legislature, by which it seems to me, trials by jury are taken away when a governor pleases.  Zenger was held in prison for ten months without a trial. Zenger's initial lawyers were disbarred for attempting to defend him.  Nevertheless, Andrew Hamilton  the most prominent lawyer in America secretly took on the case and arrived in court without warning to Governor Cosby's hand picked judge, James De Lancey. Hamilton went over the head of the judge and the law to appeal to the jury's sense of LIBERTY.  Zenger was found not guilty.
ATTORNEY GENERAL BRADLEY:  The case before the Court is, whether Mr. Zenger is guilty of libeling his EXCELLENCY the GOVERNOR of NEW YORK, and indeed the whole ADMINISTRATION of the Government.
ANDREW HAMILTON: May it please your Honour; I cannot agree with Mr. Attorney.  For tho I freely acknowledge, that there are such things as libels, yet I must insist at the same time, that what my client is charged with is not a libel; and I observe just now, that Mr. Attorney in defining a libel, made use of the words scandalous, seditious, and tend to disquiet the people; but, whether with design or not I will not say, he OMITTED the word FALSE.
CHIEF JUSTICE: You cannot be admitted, Mr. Hamilton, to give the truth of a libel in evidence. A libel is not to be justified; for it is nevertheless a libel that is true.
HAMILTON:  I am sorry the Court has so soon resolved that piece of law; I expect first to have been heard to that point.  I have not in all my reading met with an authority that says, we cannot be admitted to give the truth in evidence, upon an information for a libel.
CHIEF JUSTICE:The law is clear, that you cannot justify a libel...(COURT is attempting to SUPPRESS the TRUTH)
HAMILTON: I thank your Honour. Then, gentlemen of the jury, it is to you we must now appeal, for witnesses, to the truth of the facts we have offered, and are denied the liberty to prove; and let it not seem strange, that I apply myself to you in this manner.  I am warranted to do so both by law and reason.  The last supposes you to be summoned out of the neighbourhood where the fact alleged to be committed; and the reason of your being taken out of the neighbourhood is, because your supposed to have the best knowledge of the fact that is to be tried.  And were you to find a verdict against my client, you must take upon you to say, the papers referred to in the information, and which we acknowledge we printed and published ARE FALSE, scandalous and seditious; but of this I can have no apprehension.  You are citizens of New York; you are really what the law supposes you to be, honest and lawful men; and, according to my brief, the facts which we offer to prove were not committed in a corner; they are notoriously known to be true; and therefore in you justice lies our safety.  As as we are denied the liberty of giving evidence, to prove the truth of what we have published, I will beg leave to lay it down as a standing rule in such cases, that the suppressing of evidence ought always be taken for the Strongest evidence; and I hope it will have that weight with you...
It is true in times past it was a crime to speak truth, and in that terrible Court of Star-Chamber, many worthy and brave men suffered for so doing; and yet even in that court, and in those bad times, a great and good man dared to say, what I hope will not be taken amiss of me to say in this place, to wit, the practice of information for libels is a sword in the hands of a wicked King, and an arrant coward to cut down and destroy the innocent; the one cannot, because of his high station, and the other dares not, because of his want of courage, revenge himself in another manner.
ATTORNEY GENERAL BRADLEY Pray Mr. Hamilton, have a care what you say, don't go too far neither, I don't like those LIBERTIES.
HAMILTON: I hope to be pardoned, Sir, for my zeal upon this occasion: It is an old and wise caution, that when our neighbors house is on fire, we ought to take care of our own.  For tho blessed be God, I live in a government where liberty is well understood, and freely enjoyed; yet experience has shown us all that a bad precedent in one government, is soon set up for an authority in another; and therefore I cannot but think it mine and every honest man's duty, that we ougth at the same time to be upon our guard against power, wherever we apprehend that it may affect ourselves or our fellow subjects....
I should think it my duty, if required, to go to the utmost part of the land, where my services could be of use in assisting to quench the flame of prosecutions upon information, set on foot by the government, to deprive a people of the right of complaining of the ARBITRARY attempts of men in POWER.  Men who injure and oppress the people under their administration provoke them to dry out and complain; then make that very complaint the foundation of new oppressions and prosecutions.  I wish I could say there we no instances of this kind.  But to conclude; the question before the court and you, gentlemen of the jury, is not of small or private concern, it is not the cause of a poor printer, nor of New York alone, which you are now trying; NO!  It may in its consequence, affect every freeman that lives under British government on the main of AMERICA.  IT is the best cause. It is the cause of LIBERTY; and I make no doubt but your upright conduct, this day, will not only entitle you to the love and esteem of your fellow citizens; but every man, who prefers freedom to a life of slavery, will bless and honour you, as men who have baffled the attempt of tyranny; and by an impartial and uncorrupt verdict, have laid a noble foundation for securing to ourselves, our posterity and our neighbours, that to which nature and the laws of our country have given us a right, the LIBERTY, of both exposing and opposing ARBITRARY power by speaking and writing the truth...
CHIEF JUSTICE:  Gentlemen of the Jury. The great pains Mr. Hamilton has taken, to show how little regard juries are to pay to the opinions of judges; and his insisting so much upon the conduct of some judges in trials of this kind; is done, no doubt, with design that you should take but very little notice of what I may say upon this occasion.  I shall therefore only observe to you that, as the facts or words in the information confessed: the only thing that can come in question before you is, whether the words set forth in the information , make a libel.  And that is a matter of law, no doubt, and which you may leave to the court....
The jury withdrew and in a small time returned...They answered Thomas Bunt their Foreman "NOT GUILTY" of printing and publishing libelous information.
 
 

"Rulers have no authority from God to do mischief"

Jonathan Mayhew advocated the theories of the British Philosopher John Locke.  Mayhew affirmed the right of the people to overthrow a tyrannical government. He speaks here to the duty of individual citizens to preserve their rights in the face of despotic rulers. "it is universally better to obey God than Man when the laws of God and Man clash and interfere with one another."  Rulers have no authority from God to do mischief.... It is a blasphemy to call tyrants and oppressors God's ministers (judges)  They are more properly "the messengers of Satan to buffet us."  No rulers are properly God's ministers (judges) but such as are "just, ruling in the fear of God."  When once magistrates (judges) act contrary to their office, and the end of their institution, when they rob and ruin the public, instead of being guardians of its peace and welfare, they (judges) immediately cease to be the ordinance and ministers of God, and no more deserve that glorious character than common pirates and highwaymen.  If magistrates are unrighteous...the main end of civil government will be frustrated.
We may very safely assert these two things in general, without undermining government: ONE is, that no civil rulers are to be obeyed when they enjoin things that are inconsistent with the commands of God. All such disobedience is lawful and glorious;..
All commands running counter to the declared will of the Supreme Legislator of heaven and earth null and void, and therefore disobedience to duty, not a crime. Another thing that may be asserted with equal truth and safety is, that no law is to be submitted to at the expense of the good and safety of society, which is the sole end of government.
Now as all men are fallible, it cannot be supposed affairs of any state should be always in the best manner possible, even by the greatest wisdom and integrity.  People know for what end they set up and maintain their governors, and they are the proper judges {juries} when they execute their trust as the ought to do it... Till people find themselves greatly abused and oppressed by their governors, they are not apt to complain; and whenever they do, in fact, find themselves thus abused and oppress, they must be stupid not to complain.  To say that subjects in general are not proper judges when their governors oppress them and play the tyrant, and when they defend their rights, administer justice impartially, and promote the public welfare, is as great treason as ever man uttered. T is treason, not against one single man, but the state, against the whole body politic; T is treason against mankind; T is treason against common sense, T is treason against God...
 

Federalist 51: On the Safety of Multiple Interest, Concluding Federalist 10
James Madison known as the Father of the Constitution.  In the Federalist papers, madison wrote extensively on the balance of power and the role of faction in democracy.  Rather than trying to snuff different interest, he sought to control them through a system of checks and balances in the governmental framework.
First - In  the Compound Republic of America, the power surrendered by the people (for the General Good) is first divided between two distinct governments (State & Federal Constitutions).
Second - It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard the society against the injustice of the other part. (different or special interest).  If a majority be united by a common interest, the rights of the minority will be insecure.
The second method will be exemplified in the federal republic of the United States.  In a free government, the security of civil rights must be the same as that for religious rights.  Justice is the end of government. It is the end of civil society.  It ever has been, and ever will be pursued, until it be obtained, or until liberty be lost in the pursuit.  In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign, as in a state of nature where the weaker individual is not secure against the violence of the stronger.
 

Federalist 10: The Union as a Safeguard Against Domestic Faction and Insurrection
> From the New York Packet. Friday, November 23, 1787.  MADISON  To the People of the State of New York:
The instability, injustice, and confusion introduced into public councils, have in truth been the mortal diseases under which popular governments have everywhere perished;
By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interest of the community.
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interest.  The protection of these faculties is the first object of government.
There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.
JURY checks GOVERNMENT and COURT checks Majority Oppressions.
 

OUTLAWING, THE  TOOL OF TYRANTS
If anyone refused to give a KING anything he wanted, he smiply OUTLAWED or "ATTAINED" you, off with his head, throw him into the dungeon, 30 pieces of silver to betray him or 500 Dollars Dead or Alive "Bills of Attainder." Pay this or pay that or else, is ATTAINDER or a BILL OF PAINS AND PENALTIES.
To compel a man to furnish funds for propagation of ideas he disbelieves and abhors is sinful and tyrannical.  It is error alone that needs the support of government. Truth can stand by itself. Thomas Jefferson.
 
 

Civil Disobedience

Henry David Thoreau  a slavery abolitionist "On the Duty of Civil Disobedience" Widely ignored or scorned in its day, Thoreau's essay on the duties of an individual to act upon his consicence has had a worldwide influence, impacting the writings of Tolstoy, Gandhi's revolutionary movement and the American civil rights movement of the 1950s and 1960s.  I heartily accept the motto, "That government is best which governs least," and I should like to see it acted up to more rapidly and systematically.  Carried out, it finally amounts to this, which I also believe, "That government is best which governs not at all"
Under a government which imprisons any unjustly, the true place for a just man is also a prison.  A minority is powerless while it conforms to the majority...  Even the Chinese philosopher was wise enough to regard the individual as the basis of the empire.  There will never be a really free and enlightened State, until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived and treats him accordingly.
 
 

"I do solemnly swear"

The authors of the Constitution explicitly rejected the notion of federal employees and officers with the exception of the President submitting to an oath of loyalty.  "A good government did not need them," said James Wilson, " and a bad government ought not be supported."  {Of three Penn delegates Benjamin Franklin voting Yeah , James Wilson cast the deciding Yeah vote for Independence Ironically against his friend Mr. Dickinson who was barred from Congress for refusing to sign the Declaration he himself moved to be unanimous.}  On July 11, 1868, Congress created a new oath of office that has remained in place to this day.  The issue of the oath of office remained a dormant one until the Cold War in the 1940s. Concerns about the Communists influence in the government during the poet World War II   RED SCARE re-ignited the issue of the oath of office.
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and truthfully discharge the duties of the office on which I am about to enter. So help me God.
 
 

"All of my sex are doomed to political subjection"

Susan B. Anthony and Elizabeth Cady Stanton founded the National Woman Suffrage Association in 1869 to advocate for the women's right to vote. Anthony challenged state law in Rochester New York, when she voted in the 1872 presidential election.  She was arrested and in June 1873 went to trial. Shortly before the trial, Anthony delivered a speech outlining her case.  Citing the Declaration of Independence, U.S. Constitution and the Fourteenth Amendment, she forcefully argued for the women's right to vote.  Anthony lost the case. After the reading of the verdict. Anthony bitterly complained of the handling of her trial in a fiery exchange with the judge who imposed a one hundred dollar fine.  Anthony refused to pay. "Resistance to tyranny is obedience to God.  Judge Hunt in turn, declined to put Anthony in jail, thus preventing her from appealing the case to the Supreme Court.
 
 

"Any person who displays a red flag is guilty of a felony"

California Red Flag law.  Mass paranoia swept the country after World War I. The communist overthrow of Czarist Russia  and the resulting civil war, combined with a wave of socialist communist unrest in parts of Europe and a growing restlessness among American workers, whipped up a fearful mania in the United States known as The Red Scare.  The government cracked down on suspected socialists, communists and other radicals, who were often subsequently imprisoned or exiled. In many cases, the victims were immigrants and labor leaders.  One of the outgrowths of the Red Scare was the legal prohibition of the use of red flags or other symbols of opposition to government.  Thirty three states passed anti-red flag laws between 1917 and 1921.  The Supreme Court declared the California Red Flag law unconstitutional in 1931.
 
 

Declaration of Conscience

On June 1, 1950, Maine Republican Senator Margaret Chase Smith, at the time, the only female senator stood up on the senate floor to disassociate herself and seven other senators from the highly charged attacks on suspected Communist by fellow Republican Senator Joseph McCarthy of Wisconsin.  Despite the "Declaration of Conscience" McCarthy's denunciations would continue for four more years, unchecked by public opinion, the Republican Party and the majority of the Senate.
Mr. President, I speak as a Republican, I speak as a woman, I speak as a woman, I speak as a United States Senator. I speak as an American. As an American, I am shocked at the way Republicans and Democrats alike are playing directly into the COMMUNIST DESIGN OF "CONFUSE, DIVIDE AND CONQUER"  As an American, I do not want a Democratic administration whitewash or coverup any more than I want a Republican smear or witch hunt.
As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist.  I condemn a Democrat Fascist just as much as I condemn a Republican Communist.  They are equally dangerous to you and me and to our country.  As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.
 
 

"Patriotism is not the fear of something; it is the love of something"

Illinois Governor Adlai E. Stevenson ran as the Democratic candidate for President against Eisenhower in 1952.  the Democrats were on the defensive, having been charged by McCarthy and other Republicans having allowed Communist to infiltrate the government... True patriotism, it seems to me, is based on tolerance and humility.  There are men among us who use "patriotism" as a club for attacking other Americans.  Men who have offered their lives for their country know that patriotism is not the fear of something; it is the love of something.  Patriotism with us is not the hatred of Russia; it is the love of the Republic and of the idea of  liberty of man and mind in which it was born, and to which the Republic is dedicated.  The road we travel is long, but at the end lies the grail of peace.
 
 

"Have you no sense of decency, sir?"

After five years of using his position on the Committee of UnAmerican Activities to elevate his career by tearing down others.  Senator Joseph McCarthy's tactics came to an abrupt end when he took on the U.S. Army.  Prior to that, he and counsel Roy Cohn had investigated and destroyed the careers of hundreds of men and women in Hollywood, the State Department and other government agencies with accusations of communist activities.  In the fearful environment of the Cold War, their tactics initially enjoyed popular support.  However as McCarthy's accusations became increasingly shrill and were directed at more and more respected circles, the established political community and media began to slowly speak out against McCarthy.  In the Spring of 1954, McCarthy accused the American military, including the secretary of the Army Robert T. Stevens, of hampering the investigating committee.  With a national television audience watching McCarthy squared off against Stevens' defense counsel Joseph Welch.  Three years after the hearing, McCarthy died of alcoholism.
WELCH: I meant to do you no personal injury, and if I did, I beg your pardon.  Let us not assassinate this lad further Senator. You have done enough.  Have you no sense of decency, sir, at long last?  Have you left, no sense of decency?
 
 

Brown v. Board of Education: "Separate but equal has no place"

Supreme Court Chief Justice Earl Warren  Brown v. Board of Education was one of the landmark decisions of U.S. Judicial history and a central pillar of the Civil Rights movement in the 1950s.  Argued by the National Association fro the Advancement of the Colored People counsel Thurgood Marshall, the case was one of a series of lawsuits brought to federal courts assailing the "separate but equal" doctrine established by the 1896 Plessy v. Ferguson decision.  "That the Constitution is color blind is our dedicated belief." Supreme Court Justices Determined.  Brown v. Board of Education overturned the almost universal separation of schools according to race in the South and unleashed heated passions across the country over the next twenty years.  Chief Justice Earl Warren wrote the decision and secured the unanimous support of his colleagues.
 
 

Cooper v. Aaron: "Equal justice under the law is thus made a living truth"

After Brown v. Board of Education, the Little Rock, Arkansas school board adopted a plan to desegregate the school system.  Black children were assigned to attend a previously all white high school. State and local officials violently opposed the plan, compelling President Eisenhower to send National Guard Troops to escort and protect the teenage students against the white mobs.  Based on the disruption of the public order and the school's education program, the school board appealed to the federal courts to suspend the desegregation plan in Cooper v. Aaron.  The Supreme Court refused the request.
No state, legislator or executive or judicial officer can "WAR" against the Constitution without violating his undertaking to support it. (Breach of Oath/Contract, Treason?)  Our constitutional ideal of equal justice under law is thus made a living truth.
 
 

"William Jefferson Clinton is acquitted"

On December 19, 1998 the House of Representatives passed two articles of impeachment against President Bill Clinton on charges related to an adulterous affair he had with White House intern Monica Lewisnky. After a three week Senate trail presided over by Chief Justice William Rehnquist, the Senate voted February 12, 1999 on the articles of impeachment.  requiring a two thirds majority for approval, both failed.  The Senate, having tried William Jefferson Clinton, President of the United States, upon two articles of impeachment exhibited against him by the House of Representatives, and two thirds the Senators present not having found him guilty of the charges contained therein: it is, therefore, ordered and adjudged that the said William Jefferson Clinton be, and he is hereby, acquitted of the charges in this said article.
The Senate frustrated with the President didn't believe the President should be removed from office so they recommended a 4.5 million dollar fine, but the President stated they could NOT do that because it would be a bill of attainder.  The Democratic Senators further stating, if he broke the law, he can be dealt with after his term.  Makes sense don't stop someone who is committing criminal offenses because he is President;  has disgraced the Office of the Presidency with Adultery; felony perjury and felony obstruction of justice in another Trial; and a Misdemeanor violation of the 1974 Privacy Act by releasing personal information (K. Wiley letters) of a political adversary.  The 1974 Privacy Act resulted from Republican President Nixon's Impeachment, as Nixon had attempted to acquire derogatory information on his political adversaries, Democrats, during the Watergate Hotel break-in resulting in Republican President Richard Nixon's Impeachment and resignation.
IMPORTANT FACT:  The senate without argument was allowed to vote their conscience in the Clinton Impeachment, which is termed, "jury nullification."  This in spite of the real violations of law by President Clinton.

UNDER PRESIDENT Clinton's leadership many AMERICANS are being "convicted, turned into criminals, outlawed or ATTAINED" denied a fair TRIAL by impartial juries.  Juries are not even allowed FAIR and REASONABLE consideration of the EVIDENCE, FACTS or the LAW, much less allowed to consider "jury nullification."  DOESN'T SOUND like any AMERICAN EQUAL PROTECTION OR DUE PROCESS protection of LIBERTY, does it?  One kind of Justice for Democratic Presidents and another kind of Justice for Republican Presidents and everyone else.

This 1950 Quote bares repeating by Maine Republican Senator Margaret Chase Smith. As an American, I am shocked at the way Republicans and Democrats alike are playing directly into the COMMUNIST DESIGN OF "CONFUSE, DIVIDE AND CONQUER"

ONE final QUESTION.  Are we confused, divided and conquered, living the communist, lie THE SUPREMACY OF THE STATE or ARE WE AMERICA?
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RESPECTFULLY SUBMITTED FOR YOUR GRACIOUS CONSIDERATION.

James Richard Michael Orgeron    May 1, 2000