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OPINION RELEASE: Your Papers, Please! - II

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  • We The People Constitutional Activism
    Rick Stanley Constitutional Activist Phone: 303-329-0481 E-mail: rick@wtpconstitutionalactivism.org We the People Scoop 2/01/06
    Message 1 of 1 , Feb 1, 2006
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      Rick Stanley
      Constitutional Activist
      Phone: 303-329-0481
      E-mail: rick@...

      We the People Scoop 2/01/06
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      OPINION RELEASE: Your Papers, Please! - II


      ----- Original Message -----
      From: <VictoryUSA@...>
      Subject: * * * Your Papers, Please! - II * * *

      The Inherent Right of ALL People to Alter or Reform Their Government. The Right
      Upon Which All Other Rights Depend
      ____________________________________________________
      www.SouthDakotaJudicialAccountability.org
      Your Papers, Please! - II

      (By Ron Branson - Nat'l J.A.I.L. CIC)

      Two days ago, January 27, 2006, we published an article entitled "Your Papers,
      Please," about which we received numerous responses. Therein, we stated that
      there would follow an expanded version upon that subject. This is that expanded
      version. Therein, we stated that while seeking a place to park and patronize a
      restaurant, we came upon a street corner one block off the major boulevard,
      where there were a lot of police. We originally thought we had happened upon a
      major accident. A number of tow trucks were awaiting behind each other to haul
      away automobiles.

      After parking our vehicle, we walked back in the direction of the restaurant,
      and come to the intersection where the police were talking to drivers as they
      approached the stop sign.

      I asked a lady there what was going on, and she said the police were checking to
      see that everyone had their papers in order, and offered an unsolicited comment
      that she was thankful the police doing such a great job. I instantly thought of
      Nazi Germany, who did exactly the same thing, i.e., set up check-points to make
      sure everyone's paper work was in order.

      I asked myself, haven't we citizens in America learned anything from history by
      the examples of Nazi Germany? Evidently not. Yet we still see, to this day,
      documentary movies of Adolph Hitler and the horrendous oppression imposed upon
      the people. It certainly is not an example for any country to follow, yet
      America is doing just that.

      You may rest assured that none of these people will 1) get due process of law
      relating to their instant deprivation of their property pursuant to the Fifth
      Amendment, 2) be taken to see a magistrate, 3) have a determination of probable
      cause as required by the Fourth Amendment, 4) have a prosecutor to prosecute the
      case, 5) see an accusatory complaint written up against them as required by law,
      6) be given an public defender to advise them on the law, and 7) ever be given a
      jury trial even if adamantly demanded. In other words, there will not be
      available not one iota of criminal constitutional processes. Yet these people
      will be forced to shell out a lot of money while being denied all processes due
      them.

      After leaving the restaurant, we returned to our vehicle via a different route,
      in which we happened by two cute little doggies so small one could hold a doggie
      in each hand. The question occurred to me if the owner of these dogs had dog
      licenses, and if not, they could be cited; and according to the Constitution,
      the government would be obligated to impanel a jury to try the issue.

      I imagined the scenario of a prosecutor standing before a jury saying, "Ladies
      and gentlemen of the jury, we have before us a defendant that had the audacity
      to possess two dogs without paying for a license and getting the permission of
      the government for having them." You are called upon to decide if he broke the
      law and should be punished. -- I could also envision the jury as they
      adjourned to the jury room to deliberate upon this prospective criminal. They
      would look at one another, and say, "What has this world come to that we are
      called away from our jobs to assemble to decide upon the government's criminal
      charge against this person?" Now I kid you not, the City Council of the City of
      Los Angeles has discussed mandating acquiring kitty licenses. Can't you just see
      men on their knees trying to net a cat underneath parked cars, or chasing cats
      up trees. Perhaps shooting them would more efficient. What's next? Hamster and
      goldfish license?

      Okay, I know, most of you would say, "But they don't give jury trials for lack
      of a dog licenses." Yes, that maybe so, but I am not talking about what is, but
      about what must be according to the Constitution, which all governments have
      sworn to uphold. Yes, there's a big difference.

      Many of us think we know all about juries, and some of us even know that juries
      have the unreviewable power to judge on both the law and the facts, but they
      know not the even greater power of the jury, and that is to curtain the by
      growth of government, and its concomitant tyranny. You see, our Founding Fathers
      knew that forcing government to bear the burden of financing jury trials for
      every trivial thing like seat belt violations, etc., would be very
      time-consuming, and costly. They could not rally enough prosecutors, public
      defenders, judges, clerks and court reporters. It would totally log-jam the
      justice system grinding it to a halt. The result would force the government to
      consider carefully its priorities in passing and enforcing multitudes of laws.
      If governments could not profit financially from all their rinky-dink "crimes"
      they pass, then what's the purpose? Do you think they are going to enforce all
      these laws for their health, or because they are driven by principle? Nay,
      without the bells on the cash register drawers ringing, government's incentive
      at most enforcement would not be there.

      This issue of cash register justice was dealt with by our Founding Fathers in
      the Declaration of Independence, to wit, "He has erected a multitude of new
      offices, and sent hither swarms of officers to harass our people, and eat out
      their substance." They knew that if they did not place a major burden upon
      government, then governments would seek to criminalize most everything for the
      purpose of collecting revenue. This is why they penned the words in our
      Constitution, "The trial of all crimes, except in cases of impeachment, shall be
      by jury." Art. III, Sec. 3. Since only government officials can be impeached,
      every charge, no matter what, must be by jury.

      The word "infraction," is neither mentioned nor inferred to in our Constitution.
      It recognizes only misdemeanors and felonies, and no others. Infractions were
      and unconstitutional invention of the government starting back in 1969.

      On a website called "Ticket Assassin," we are given the history of the invention
      of infractions;
      Before 1969, traffic violations were misdemeanor offenses and defendants were
      fully protected by our justice system. .... Since 1969 in California, citizens
      have been denied jury trials for most alleged traffic offenses. Before 1969,
      there were only two classes of criminal offense in the state of California,
      misdemeanors and felonies. Felony offenses are very serious and can result in
      the death penalty or state prison time. All other offenses in California before
      1968, including traffic offenses, were misdemeanors. ....

      Beginning on January 1, 1969, the state legislature created a new category of
      criminal offense called the infraction. The state would preserve all its rights
      in prosecuting these infraction citations as criminal offenses, but would remove
      the citizen's most basic rights to justice in these cases. For the first time in
      California history, citizens would be legally denied their right to a jury trial
      in criminal cases."

      This practice of denying the Constitutional rights to a jury trial soon spread
      across the country in other states. In defense of the denial of jury trials in
      the courts, it was argued that America is an offspring of English Common law,
      and that in England many were denied jury trials, and therefore, America could
      roll back to reliance upon the King of England for authority to denying jury
      trials.

      Historically, it is correct that the King of England did often foreclose the
      people from jury trials. We find this fact in our Declaration of Independence
      from England, namely, "For depriving us in many cases, of the benefits of trial
      by jury:" But this is the very reason our Founding Fathers said in our
      Constitution there is but one single exception to a jury trial, and that is for
      impeachments, invented "infractions" notwithstanding. Art. III, Sec. 3. How do
      we reclaim America again? By restoring the constitutional mandate of jury trials
      for everything! And how do we restore that constitutional mandate? Only by the
      passage of J.A.I.L. throughout this country will there exist liberty and justice
      for all.

      Below, is a too well known portrait of America today as we now know it.
      I Am a Criminal

      Yes, that's right. I, R. Lee Wrights, being of sound mind and aging body, do
      solemnly acclaim and justly affirm that I am a criminal. And, if I do my job
      correctly, by the time you finish reading this you will realize that you are a
      criminal also; and, that something needs to be done about it.

      My premise is simply that government, not only at the federal level but in
      particular at the state and local level, has grown so gorged and bloated that it
      has become virtually impossible for any of us to remain "law-abiding citizens."
      In order to be law-abiding, one must first know and understand the law. Now I
      ask you, in today's society how many people really know, let alone understand,
      "the law?" Moreover, how many policemen really know or, more importantly,
      understand the law? Do the lawyers and judges, who are charged with the
      protection of America's most sacred document, even understand the law? Judging
      from the number of appealed judgments these days, it would appear that even
      these "protectors of justice" are unable to effectively untangle the thicket of
      jurisprudence created by the endless loads of fertilizer produced by the various
      legislatures.

      Just the number of laws one would have to familiarize themselves with in order
      to become adequately knowledgeable makes the task near to impossible. Why, we
      would all have to go to law school just to get to a proper starting point of
      understanding the law. Last year, in North Carolina alone, 519 new laws were
      passed by the General Assembly. Sixty new laws took affect in the Old North
      State on January 1st of this year. Add these to the tens of thousands of laws
      already on the books and you begin to see the enormity of the endeavor to
      properly understand justice and how its principles are to be applied. And that
      is just in one state, folks. I wonder how many "new" laws have been instituted
      where you live this year?

      Still skeptical? Take an afternoon and go to the nearest law library. Even the
      name "law library" should send a chill down any thinking person's spine. I am
      not talking about a corner of your local public library where you'll find a
      shelf or two stocked with reference books about a particular subject. No, I mean
      a whole library devoted to cataloging all the things you and I are not allowed
      to do. Whole rooms filled wall-to-wall and floor-to-ceiling with a seemingly
      endless array of laws, statutes, and regulations. Shelf next to shelf, volume
      upon volume, and page after page, creating a twisting, turning maze of
      decisions, rulings and appeals. This is where you go when you seek comprehension
      of the chains that fetter your pursuit of happiness. Have a seat and look around
      at what you must learn if you really want to be an honest, up-standing,
      law-abiding citizen.

      Government has simply made it too easy to break the law for us not to be
      criminals. I mean, you are required to have a license or permit to do
      practically everything. That means that you must go to a bureaucrat somewhere
      and ask their permission before you proceed or you become a criminal. If you
      want to drive to work, you must first have a paper from the State that says you
      are allowed to operate a vehicle. If you want to improve your home, you are
      required to go downtown and stand before your elected rulers and beg their
      indulgence so that you can add that patio or finish your basement. If you want
      to get a job to support your family, you cannot do so without a number supplied
      by the benevolent nannies that soil the seats of CONgress. How long does this
      list have to be before you realize that if you have to ask permission to do
      everything, not only will you eventually slip up and become a criminal, but you
      have also ceased to be free? With every new law enacted another little piece of
      liberty dies.

      Perhaps nothing exemplifies my point more so than a personal experience I had
      about 6 or 7 years ago. I was invited by a friend to accompany him on a fishing
      expedition to one of the local lakes owned by the county where we both reside.
      Being the careful individual that I am, I researched the laws concerning
      wildlife management, as well as, the regulations adopted by the county. I found
      that if I only fished using live bait, the law did not require that I obtain a
      fishing license as long as I remained in the county of my residence. I was very
      pleased with myself that I had found a way to save a few bucks on what promised
      to be an enjoyable outing.

      However, the day was not to go unspoiled. Not long after we had launched our
      boat and found what we thought looked like a promising spot, we were approached
      by a game warden. I remained unconcerned as we chatted and I proudly showed him
      that I was only using live bait and therefore required no state sanction. He
      asked for proof of my residence, which I supplied via business cards and a
      recent tax bill that I was going to pay on my way home. It was then that he
      informed me that I was in violation of state law. I was beginning to protest
      that I was in full compliance of the wildlife management code when the warden
      told me he was not referring to the wildlife code. It was then that I learned I
      was in violation of state law for appearing in public and not possessing a
      picture ID. At that moment, the veil was lifted from my eyes as my day of
      personal enlightenment dawned.

      I realized that every time I set foot off of my own property, I became a
      criminal. I violate the law each and every time I take a leisurely stroll around
      my neighborhood. In almost half a century on this earth, I have never been
      arrested, much less convicted of a crime; and yet, all I have to do to become a
      criminal in the eyes of the State is leave home! Why? Because I do not have a
      snapshot of myself, taken by a state-sanctioned bureaucrat, in my pocket when I
      go out in public. I must ask you, am I really free? Are you really free? Are
      your papers in order? Are you a criminal?

      There are laws regulating everything from what color you can and cannot paint
      your house to what kind of sex in which two consenting adults are allowed to
      engage. Why is it like this? Crime is big business, that's why. In fact, crime
      is government's biggest industry.

      Surprised to see me say that? It really isn't all that odd when you consider
      that the State derives revenue on both sides of the law. Remember, all those
      licenses and permits you are required to obtain are accompanied by fees. While
      on the flip side, every breech of the never-ending, self-perpetuating,
      always-growing bureaucracy carries a fine. You are forced to pay in order to
      abide by the law so you can avoid having to pay for breaking the law.

      Therefore, as the beast has grown, it has become the State's own self interest
      that drives legislators to constantly search for new sources of revenue. That's
      why 519 laws were passed in my home state last year. That is why 500 new laws
      will probably be passed this year, and again next year, and again the year after
      that. The only way a government can realize greater income than it does today is
      either by accelerating tax increases; or, by creating new ways for us to become
      criminals and providing the appropriately-priced bounties required to avoid
      becoming criminals. So you see, every new law not only nibbles away at your
      freedom while further gorging an already bloated beast Bureaucracy, it also
      becomes a new source of revenue for the State.

      So, we are left with the question, "What can been done about it?" Take my
      advice, do yourself a favor and educate yourself. Do a little digging and find
      out all the different options made available to you, by your friends in
      government, for becoming a criminal. Then perhaps we will see the emergence of
      what is needed to reverse the encroachment of the law - Reform. You have to get
      fed up with the foolishness of endless legislation and do something. Speak
      against further regulation at every opportunity in any venue that opportunity
      provides. Run for public office as a truly reform-minded candidate, or support
      such candidates wherever they can be found. One thing is for certain; there will
      never be reform without reformers willing to make a fight if necessary. Or at
      least a group of decent, honest people that are just sick and tired of being
      criminals. Come on folks, enough is enough!

      R. Lee Wrights
      Contributing Editor

      R. Lee Wrights is a writer and political activist living in North Carolina. He
      is co-founder and editor-in-chief of the free speech online magazine Liberty For
      All and an editor at Free-Market.Net.


      --------------------------------------------------------------------------------


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