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* * Protecting Our Liberty

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  • jail4judges
    J.A.I.L. News Journal ____________________________________________________ Los Angeles, California April 22, 2002 For
    Message 1 of 1 , Apr 22 9:04 PM
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      J.A.I.L. News Journal
      ____________________________________________________
      Los Angeles, California                                          April 22, 2002
       
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      Protecting Our Liberty
      (It is our DUTY)
       
      [In response to Bruce Olley, Mississippi JAILer]:
       
      Dear Bruce:   bruceolley@...
       
      Regarding what Liberty should mean to us
       
      I believe that the People in this country should rely on the principles set forth in the Declaration of Independence regarding what Liberty means to us. It is necessary, in an ordered society, for the People to establish a centralized national guardian to see that our Liberty is respected and protected against all evildoers, whether foreign or domestic. As a matter of nature, such protection cannot be accomplished on an individual basis in an ordered society-- meaning that we, the People, must live under a standard that is common to all. "With Liberty and Justice for ALL." 
       
      That national guardian is called a "government" in the Declaration. It has a specified purpose for being: To secure (protect) our rights --nothing else.
      Among those rights is Liberty.  Everything has a beginning point, and regarding Liberty we must accept the following premise set forth in the Declaration:
       
      "We hold these truths to be self-evident  [i.e., existential fact]
      • that all men are created equal
      • that they are endowed by their Creator with certain unalienable rights
      • that among these [rights] are life, liberty and the pursuit of happiness
      • [t]hat to secure [protect] these rights, governments are instituted among men, deriving their just powers from the consent of the governed...."
      You quoted a definition of Liberty which states "It is a state of exemption from the control of others, and from positive laws and the institutions of social life. This liberty is abridged by the establishment of government." [Emphasis added] That definition indicates that it is impossible to have pure Liberty in an ordered society. Someone (it may have been Jefferson) said "Government at its best, is but a necessary evil."  Another common saying is "That is the cost of civilization."  As I recall, I've read that latter statement in court decisions, referring to the necessity of taxation.  
       
      The Declaration even covers the fact (truth) that the governed must forever be a guard over the guardian of our liberty, because government IS inherently evil and cannot be left entirely on its own (i.e., unaccountable to the People): 
      • " ...that whenever any form of government becomes destructive of these ends [to secure our liberty], it is the right of the people ["the governed"] to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its power in such form, as to them shall seem most likely to effect their safety and happiness.... "
      That portion brings out the truth that the governed have the right (indeed the DUTY, shown infra) to be a check on government of "any form,"  i.e., on all government, whatever it calls itself or claims itself to be.  While this right is not to be exercised for "light and transient causes" and that "mankind are more disposed to suffer, while evils are sufferable," there does come a time when it becomes the DUTY of the governed to act, to wit:
      • ".... But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them [our rights (Liberty)] under absolute despotism, it is their right, IT IS THEIR DUTY, [emphasis added] to throw off such government, and to provide new guards for their future security." [future protection of Liberty]
      The proper exercise of that DUTY is conditioned upon:
          1)  A long period of time of abuse of government power (when evils are no         longer "sufferable")
          2) The same object invariably pursued by that abuse
          3) A showing that such abuse is designed to reduce [indeed eliminate] our         protected rights [e.g. our Liberty] under absolute despotism [i.e.,                     unlimited power].
       
      The People designed a set of rules for the purpose of limiting government power. It is titled the Constitution of the United States (small "u" or not, "of the" or "for the")-- the purpose is the same. As the Declaration states, "Whenever ANY FORM of government becomes destructive of these ends..."
      That means whenever "the powers that be" operating AS government becomes destructive. Such power, whatever it calls itself, is limited by law-- the Supreme Law of the Land.  "Let no more be heard of confidence in men, but rather bind them down by the chains of the Constitution." (Thomas Jefferson).
       
      Going back to the conditions for the People to act upon their DUTY:
       
      1.  Long time (train of abuses) -- now more than 100 years
      2.  Pursuing invariably the same object -- disregarding the Constitution          and laws made in pursuance thereof. (Most common- disregarding Due           Process) 
      3.  Violating our rights under absolute despotism -- ultimately by judicial 
           abuse of power. 
       
      In conclusion, Bruce, yes-- Liberty is abridged by government, but as long as the People keep a check on government and see to it that it protects our Liberty (and other rights) for which it is instituted to do, that evil or abridgement, will be "sufferable."  The powers that be MUST be limited by the established Constitution, and the People have the DUTY to see to it that it operates within those limits. The conditions necessary to act upon that duty have certainly been met. The People now must "provide new guards for their future security." 
       
      J.A.I.L. meets that requirement! 
       
      Thanks for writing.
      -Barbie-
       

      [Bruce Olley wrote]:
      Greetings,
       
      ...

      In the 1828 Webster's Dictionary there are 10 definitions of the word liberty
      but one of them is peculiar:

      "2. Natural liberty, consists in the power of acting as one thinks fit,
      without any restraint or control, except from the laws of nature. "It is a
      state of exemption from the control of others, and from positive laws and the institutions of social life. This liberty is abridged by the establishment of
      government."

      If we don't know what the right "Liberty" means to us personally, how can we proceed forward? How can we judge the judges? How can we inform the jury? How can we convince the electorate that a representative has breached the trust? How can we stop the creation of offices and officers sent to eat out our substance? Lord knows, we have National, State, and County legislative, executive, judicial, and martial powers all operating to the 3134 Counties of our nation of people! About 20 million of our brethren serve as
      administrators, facilitators, intimidators, and incarcerators! There are 60
      million statute laws but Counties enact no laws for a very specific reason.
      If you don't know then you are a "Subject," as intended.

      Bruce Olley


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