Returning To The Rule Of Law

There is only one minority group in America. Each and every sovereign citizen is a minority of ONE individual with unalienable and inalienable rights equal to anyone else, or any group, which must be protected by the government. The first line of defense from infringements of your rights is to study and know your rights.

• Anarchy in our streets cannot and shall not be tolerated.
• Any law that infringes upon the right to bear arms is offensive to the Constitution. The 2nd Amendment is only “permit” required, with the fundamental understanding that it is not up to our government to “grant that right”; as affirmed by the 2nd Amendment, the right to self-defense/safety/security comes from our Creator and is unalienable.

As the elected Chief Law Enforcement Officer of your county, your Sheriff is your second line of protection from unconstitutional infringements of your rights.

• As an elected official he/she is the ultimate protector of the people providing a check and balance locally, for any state or federal agency that may infringe the Natural Rights of the people.
• The Doctrine of Qualified Immunity is an illegal violation of the 4th Amendment right to be “…be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” when, for instance, SWAT carelessly smashes the wrong door intending to raid a purported crack house, but winds up scaring a sleeping elderly woman half to death. Yet the officers involved or the department are not held liable for triple damages. So much for “It is better that ten guilty persons escape than that one innocent suffer.” as expressed by the English jurist William Blackstone in his seminal work Commentaries on the Laws of England, published in the 1760s.

The elected Local and State public servants are our third line of defense tasked with maintaining our Liberties and Rights.

• Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution.

• These servants must live by the same laws they enact for the people. Any loopholes that exist for them, may also be claimed by the citizen. Any pass they get from the law is precedent for the people.

The fourth line of defense are the elected federal officials who swore an oath to take care and faithfully uphold our Constitution.

• Mandatory independent forensic financial audit every year or two for each member of Congress, Supreme Court and Circuit judges, and the Executive Branch, as well as their immediate family members and aides.
• I DO NOT support TERM LIMITS on Congress. I explain here why Term Limits Is Not The Solution.
• Abolish the executive agencies not enumerated by the Constitution — those that remain may conduct studies, set industry standards and advise Congress and the States, but will lack authority to enforce anything nationally.

The Supreme Court is the fifth line and is the inferior in the checks and balances of power.  Theirs is not to write law nor execute them. Theirs is to evealuate questions of Constitutionality. If deemed unconstitutional, it must go back to the Legislature to be rewritten to be in compliance or scrapped.  And the lower courts are inferior to the Supreme Court.

As explained by earlier Justices; Lawmakers are given authority by the people to legislate codes, rules, regulations, and statutes which are policies, procedures, and “law” to control the behavior of bureaucrats, elected and appointed officials, municipalities and agencies but were never given authority to control the behavior of the people as we read in several Court decisions:

• “The common law is the real law, the Supreme Law of the land, the code, rules, regulations, policy, and statutes are ‘not the law’”, [Self v. Rhay, 61 Wn (2d) 261]
• “All codes, rules, and regulations are for government authorities only, not human/Creators in accordance with God’s laws. All codes, rules, and regulations are unconstitutional and lacking due process…” [Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348 (1985)
• “All laws, rules and practices which are repugnant to the Constitution are null and void” [Marbury -v- Madison, 5th US (2 Cranch) 137, 174, 176,(1803)
• Statute [Blacks Law 4th edition]: The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature
• “A ‘Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 Sold 244, 248)
• “A concurrent or ‘joint resolution’ of legislature is not Law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Old. 368, 56 P.2d 136, 137; State ex rel. Todd. v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165)
• That said, all laws need to have an automatic sunset, without extension nor renewal. A law deemed worth keeping needs to be rewritten and passed through normal legislative process, identical to a new law.

I support invoking Article V to propose amendments to our Constitution to restore and strengthen the Rule Of Law as follows:

• Require a super majority of both Congress and States approval for federal taxes and/or Repeal the 16th Amendment which allows the government to bypass the 1st, 2nd, 4th, 5th, 6th, 7th , 8th, 9th and 10th Amendment protections in the name of collecting revenue to fund its borrowing of currency from Federal Reserve Bank.
• Abolish the Federal Reserve Act
• The public debt shall not be increased except upon a recorded vote of two-thirds of each house of Congress.
• Term limits for unelected bureaucrats and Senior Executive Service (SES), but not Seantors and Representatives (detailed explanation here)
• Repeal the 17th Amendment which revoked the State Legislatures’ right to appoint its own representatives to DC.
• Repeal the unconstitutional Permanent Apportionment Act of 1929 which restricts We The People’s representatives to only 435 — down from 1 representative for every 30,000 — thereby enabling deep-rooted corruption in the swamp. Lobbyists only have to buy half of them to tilt regulations in their favor.
• Limiting federal overreach by returning the Commerce Clause to its original meaning.
• Limiting the power of federal regulations by giving an easy congressional override, and giving States standing in any case of Federal overreach.
• Allow a three-fifths majority of the States to abrogate any federal law, regulation or executive order as well as override US Supreme Court decisions.
• Prohibit Congress from regulating activity that occurs wholly within one State.
• Require Congress to balance its budget.
• Federal, State and local agencies are liable for damages as a result of mistaken enforcement action. Example; when police raid the wrong house based on erroneous or false intelligence. To law enforcement officers, if you have to break the Bill of Rights to protect the people you serve, you’re doing it wrong. By the same token, profiling based on actions or behavior is simply smart policing.
• Require a seven-justice super-majority vote (or 3/4th, if expanded) for U.S. Supreme Court decisions that invalidate a democratically enacted law.
• Give State and County officials the power to sue in federal court when federal officials overstep their bounds.
• End the seizure of State and private land and property unrelated to infrastructure of roads, forts, magazines, arsenals, dock-yards, and other needful buildings.