The Law and Ideas

Bird of PreySeveral days back, I came across some incredible quotes from Supreme Court Justice Oliver Wendell Holmes Jr. that started me thinking on several topics.  I beg your attention as we discuss the fundamental truths of the following two quotes:

The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race.” ~ Oliver Wendell Holmes, Jr.

The ultimate good desired is better reached by free trade in ideas [and] the best test of truth is the power of the thought to get itself accepted in the competition of the market.” ~ Oliver Wendell Holmes, Jr.

QuestionI am not here to debate the law.  However, in discussing these two quotes, predominantly since they originate from a Supreme Court Justice of the United States of America, we will discuss aspects of the law.  The same goes for religion and philosophy; it is necessary to discuss aspects of both religion and philosophy to discuss the law.  However, I am not here to debate either religion or philosophy.

The Law and Social Morals

2015, in a decision that shocked the American Nation, the Supreme Court decided Obergefell v. Hodges and same-sex marriage stopped being a state right’s issue and became a Federal issue, even though the Federal Government does not issue marriage licenses.  Using the two quotes above, we find the truth of both in the actions of the court.  The court decided that the Federal Government needed to “step into” a state’s right issue to prevent a kaleidoscope of legal decisions across the entire 50- and American Territories.Plato 2

What is wrong with 50-different states exerting their rights?  The SCOTUS decision states the following, “equal dignity in the eyes of the law.”  Apparently, SCOTUS forgot to read and understand decisions from previous justices who faced a similar moral issue.

I have no respect for the passion of equality, which seems to me merely idealizing envy – I don’t disparage envy, but I don’t accept it as legitimately my master.” ~ Oliver Wendell Holmes, Jr.

Same-sex marriage was all about envy, not rights, not liberties, not freedoms, envy!  Envy couched in the language of “equality.”  Love, devotion, sacrifice, family, all of it was smoke-screens and mirrors to hide envy.  Those who engage in bedroom practices that were not in the mainstream wanted their relationship to be a “marriage.”  With all the state and civil granted benefits involved.  The simple solution to this moral dilemma was to remove the government’s self-appointed authority to regulate marriage.  The day the state and local governments decided to regulate marriage was when citizens lost fundamental rights to keep the government out of their business.  One of the most significant privacy abuses in the world occurs every time the government forces a couple to register (license) a marriage.

ApathyWorse, the government forces you to pay a tax to get married.  By paying a licensing fee, the government taxes marriages, invades your privacy, and in doing so, provides you the ability to pay for the privilege of inviting the government into your bedroom.  The moral development of the law to govern society hinges upon justices not legislating from the bench, judges who refuse judicial activism because the elected representatives of the government are moving too slow on an issue, and judges who remain dedicated to the limits of the law.  Yet, the exact opposite has been allowed to occur by the elected representatives who abdicate their roles to the judicial branch, who refuse their duties as a co-equal branch of the government, and people who use the law for selfish ends and means.

Question 2What is more precious to you, government benefits, granted by the courts and purchased from taxpayers in another area, or privacy, freedom, and liberty?  How you answer this question should be revealing to you and a reminder of your obligations as a legal citizen of these United States of America, a free Republic (if we can keep it).  Freedom has a cost; the cost involves being involved in elections, voting smarter, watching and scrutinizing those elected, and monitoring the actions of judges and lawyers.

Privacy and Freedom – The Law and Ideas

From the US Bill of Rights and US Constitution as amended, we find that America’s founding fathers wanted an individual’s privacy held sacrosanct in American Law.  Unfortunately, what do we see in the laws of America the exact opposite?

        • Amendment I
          (Privacy of Beliefs)
          Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.
        • Amendment III
          (Privacy of the Home)
          No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
        • Amendment IV
          (Privacy of the Person and Possessions)
          The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
        • Amendment IX
          (More General Protection for Privacy?)
          The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
        • Liberty Clause of the Fourteenth Amendment
          No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Knowledge Check!One might ask, where is the marketplace for ideas.  The answer begins inside the walls of your own home.  Except, if you enter your thoughts on social media, the Department of Internal Revenue Service has empowered your employer to withhold employment to express your thoughts inside your own home or on your social media accounts.  Worse, the government calls this a privilege of employment and a cost of doing business in a technological age.  Hence the first two places where ideas are testing truth, and competing for market share, are social media and your home.

Where else would one expect to have the freedom to share ideas?  Employment and religion are two other places where the government regulates and restricts ideas.  How many churches faced IRS sanctions for allowing political speech inside their walls, every single one!  What about employers; they limit the sharing of ideas on a host of topics under the language of diversity, inclusion, and risk.  Due to fear from the potential of people to become violent, the insurance companies and IRS allow your liberties, privacy, and constitutional rights to be curtailed, culled, and clipped as an excuse to protect your safety at work.

As a final thought, consider the following:

For my part, I think it is a less evil that some criminals should escape than that the government should play an ignoble part.” ~ Oliver Wendell Holmes, Jr.Never Give Up!

Playing an ignoble part in the confiscation, curtail, and culling of rights, liberties, and freedoms, has been the improper role of government since President Wilson (D).  He was allowed to do what he did by a complicit Congress and the K-12 educations of the populace.  The reason functional illiteracy is so rampant, the government in the 1860s approved Dewey’s ideas to make students dumber, purposefully, to ensure the government could steal power unconstitutionally.  By the end of the 1940s, the coup was complete, and you became the property of government to be used and abused as the government desired.  Some Sunday thoughts to begin your next week with; unfortunately, the ideas must lead to action if America is to be saved!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: The US Constitution – Understanding Begets Action

LinkedIn ImageSince February 2020, to date America, and the world has witnessed the cruel and unyielding hand of mobocracy practiced.  Mobocracy is the rule of the mob transformed into governance.  Consider the actions of several city councils and state legislatures where defunding the police has become the hottest political topic.  The crowd screams for changes to the law, politicians pander, politicians pay “Dane-Geld,” and the laws change to satisfy the mob’s appetites.  Thus, mobocracy is being practiced.  Piven (2008) refers to mobocracy as when ordinary people “… rise up in anger and hope, defy the rules that ordinarily govern their daily lives, and, by doing so, disrupt the workings of the institutions in which they are enmeshed.”

To everyone who reads this post, I will without doubt or fear maintain that the actions of the politicians, allowing mobocracy, and emphatically proclaim, “You are committing an illegal act; and must be held accountable before the bar of justice for your heinous crimes!”  The politicians’ actions to appease the mob, rule through mobocracy, and thwart the will of the governed to the masses of screaming mobsters is treason, calumny of the blackest sort, and a rejection of your oath of office, rendering you and your authority moot!

PatriotismBeginning with the US Constitution’s Preamble, a person will find why the government was instituted.  “… in order to form a more perfect Union (government), 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.”  The politicians who have sworn an oath to uphold the US Constitution who deny these statements are already guilty of treason and breach of office.  Domestic tranquility cannot be achieved through the rule of the mob.  Domestic tranquility cannot magically appear; it must be built through law and order, through justice and mercy before the bar of justice, and under a single “Rule of Law” for all citizens.  Domestic tranquility must be fought for when tyranny rears its ugly head.  The general welfare of the population can only be established by obedience to the just laws of the society to which a person belongs.  Defunding the police tramples the welfare of society, domestic tranquility, and calls for the defense of the rule of law by every freedom-loving person in that society.

Article 1 Section 1: Established for every government in America the separation of powers, where legislation is equally shared between a house of representatives and a senate, who must work together in their separate but equal duties to fulfill the actions dictated in the preamble.  Sections 2 and 3 establish the finer points regarding the house of representatives, the senate, the executive branch’s powers in filling vacancies and specifying the terms of office.

Finest HourArticle 1 Sections 4-8: Establish taxes, the military forces, the day of elections, when a term begins for an elected officer to the Congress, and other government details.  Nowhere in these articles does it allow for one branch to dominate another branch.  Nowhere in these articles provides for the senate of the house of representatives to do the others’ job.  Each government establishment has a specific job to perform, and those politicians who refuse to do their job are breaching their oaths of office.

Consider the actions of the Speaker of the House of Representatives, Speaker Nancy Pelosi.  Nowhere in the US Constitution is she allowed to meddle in world politics, write letters to foreign governments, or pass legislation that has not been read.  Yet, all these and more are regularly done, instead of doing her job as outlined in the preamble, to improve the American people she is duly sworn to support.  Her failure to represent all her district is the most egregious example because she is also third in line for the President has been re-elected so many times, and is the Speaker of the US House of Representatives.  Thus, not only does she speak for her district, but she also represents all the US House of Representatives of all parties.

One of the most explicit lessons discovered in life is that of genetic behavior.  We pass behavior onto our children, our acquaintances, and our circles of influence.  The problem with genetic behavior is that of exponentialism or the exponential growth between generations.  Research supports that cheating behavior in high school is found in cheating an employer later in life.  Research also relates that those witnessing the cheating behavior will then steal.  The third generation of people the behavior is passed onto will steal more significant items, cheat more, and commit more crimes.  The cycle keeps building until the criminal justice system is overloaded and hard crimes are committed.

The Duty of AmericansIn the political realm, we see the same exponential growth of behavior.  Speaker Pelosi is witnessed by her party, who then act as she does and commits larger or worse infractions than the Speaker.  If you look at those termed the “The Squad,” the representatives are by far worse than Speaker Pelosi.  The Squad learned how to be detestable to freedom-loving peoples from the Speaker and the second-generation politicians surrounding Speaker Pelosi.  Want another example?  Look at any recent (2000 to present) presidential election, and you will still find traces of previous President Clinton in the actions and words of the candidates of both parties.  Consider Mitt Romney’s candidacy; he is very Bill Clintonesque in his politics and speech mannerisms, which remains the main reason he failed as a candidate for President.

Thus, freedom-loving people, who support justice, desire domestic tranquility, seek to provide for the common defense, promote the general welfare and well-being of others, and work tirelessly to secure the Blessings of Liberty to ourselves and our Posterity, witness these politicians and want them removed, and held accountable for their crimes.  Not to punish without cause, but to support the common good in America.  We have courts, lawyers, judges, etc., to separate the crimes committed from the criminal committing; this is the epitome of the word justice.  The US Criminal Justice System is imperfect, without doubt, but it remains the best system the world has ever seen and deserves support from law-abiding and freedom-loving people.

DetectiveArticle 1 Section 9:  Deals with two legal precedents that are much maligned and abused.  Immigration and the Writ of Habeas Corpus.  Immigration is a topic for a different post.  However, the Writ of Habeas Corpus is crucial to this discussion.  Habeas Corpus is, “… The legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.”  The Writ of Habeas Corpus can be suspended, and American History, including recent history, has provided examples of when and why habeas corpus has been denied, suspended, or revoked.  The riots and acts of domestic terrorism are a clear example of why the Writ of Habeas Corpus can be and should be suspended.  Rebellion and the breach of public safety are two different excuses for denying habeas corpus, and rioters and terrorists deserve to have habeas corpus suspended.  Instead, the prisons have turned into a revolving door, the criminal justice system perverted, and the criminals laugh!

Make no mistake; I am not advocating for the refusal of these people to have their day in court, before an impartial judge, to be sentenced for their crimes and held accountable before the bar of justice.  I am advocating that until their trials can be arranged, those caught terrorizing America through mobocracy deserve to be held in prison awaiting the slow turning of the wheels of justice.  When you break the peace of society, you give up your rights and liberties; thus, these mob members deserve to be held and witness their rights to habeas corpus rescinded.

DutyArticle 1:  Has several items that pertain to the illegality of state governors during the current COVID-19 health crisis, reflecting that these governors do not know the law and are in breach of their oaths of office.  When the governor of New Mexico made a law stating that all the citizens of Arizona must be quarantined, interrupting the free flow of commerce from state-to-state, the governor forfeited her authority for political points, and the US Congress should have been demanding corrective behavior from the NM State Legislators.  Yet, not a peep has been witnessed.

COVID-19 does not represent a sufficient “imminent danger” to refuse or interfere with commerce passing between states.  The “public health measures” enacted by the various state governors are a travesty of justice, unconstitutional, interferes with the people’s rights and liberties, and damage the commerce and economy of the United States.  Where are the politicians at the Federal Level to correct these abuses?

Articles 2 and 3: establish the executive and judicial branches of American governance.  These articles remain critical to freedom-loving people as the articles clearly dictate terms in office, how to perform their duties, and establish the various courts in the judicial system.  A jury trial is set forth without restriction and remains a crucial component in all trials.  Section 3 of Article 3 contains two items of note.  Item 1 defines treason narrowly and specifically; item 2 discusses the penalty of treason.  “Treason against the United States shall consist only in levying war against them (the United States), or in adhering to their enemies (following an enemy’s directions), giving them aid and comfort (monetary means, housing, food, or other transferable goods).”

Detective 4A legal dictionary provides a slightly broader definition of treason, “The offense of attempting by overt [or covert] acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign’s family.  The betrayal of a trust: treachery.”  Therein lies the justification for labeling the actions of politicians who breach the public trust with treason.  Hence, the politician who breaks their oath of office to support and defend the US Constitution is committing treason.

Articles 5-7: Deal with how the US Constitution can be amended, national debt, the supremacy of the US Constitution in America, oaths of office, and ratification of the US Constitution.  With these final words, the US Constitution closed, “Done in convention by the unanimous consent of the states present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty-seven and of the Independence of the United States of America the Twelfth In witness whereof we have hereunto subscribed our Names.”  Every member of the US Military swears an eternal commitment to upholding this document, securing the rights and laws of the United States as prescribed therein, and following the orders of the commander in chief before God.  I have had the privilege of taking that oath six times in my life.

The Oath of Enlistment: “I, [State your full legal name], do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So, help me, God.”

Image - Eagle & FlagI will not allow the US Constitution to be thrown down and mobocracy, meritocracy, democracy, communism, socialism, or any other form of government to supersede the US Constitution in the United States of America’s borders and territories.  To those politicians working hand-in-hand with the mobs and others to destroy America, you are committing treason and will one day answer for your crimes before the bar of justice.  During my military service, I read a quote applicable to the relationship between politicians working to destroy America and freedom lovers who support the US Constitution “No truer friend; no fiercer enemy!”  No truer friend can be found than I in the US Constitution’s and the Bill of Rights support.  No fiercer enemy can be found than I to those working to suppress the US Constitution and the Bill of Rights; “So, help me, God!”.

Reference

Piven, F. F. (2008). Challenging authority: How ordinary people change America. Rowman & Littlefield.

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.
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