Under martial law or rule ...
under a State of Emergency declared by the Pres. of the USA...
under the amended Trading with the Enemy Act in the US Statutes -
ALL OF WHICH CONDITIONS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, CURRENTLY PREVAIL IN THIS COUNTRY AND HAVE FOR DECADES:
WE ALL HAVE NO RIGHTS. THE CONSTITUTION, LIKE ALL CIVIL LAW, IS SUSPENDED.
THE APPEARANCE OF THE CONTINUATION OF THE 'RULE OF LAW' IS MAINTAINED BECAUSE IF THE CITIZENRY KNEW THE TRUTH, IT WOULD MAKE IT MORE DIFFICULT FOR THE GOVT TO CARRY OUT ITS FIRST AND FOREMOST DUTY IN A STATE OF EMERGENCY, WHICH IS, BY ANY AND ALL MEANS POSSIBLE, INCLUDING LYING TO THE PUBLIC ABOUT THE FACT THAT THEY ARE LIVING UNDER THE ABOVE CONDITIONS, TO PRESERVE THE PUBLIC PEACE.
THIS INFORMATION HAS BEEN AVAILABLE FOR YEARS. IT IS BASED ON THE RESEARCH OF EUGENE SCHRODER, OF JOHN QUADE AND RANDY LEE AND OTHERS.
The govts at all levels have been acting unconstitutionally for years. It would take a big book just to list and briefly discuss all the ways they are operating unconstitutionally.
The superfluous recently passed Patriot Acts and the Anti-Terrorist legislation passed after the govt op of OKC have been passed in order to make more PLAUSIBLE the intensified unconstitutional action the govt is planning on implementing against us, the dissidents/resistance/nationalist patriots.
Under these 'emergency' conditions, all who do not meekly go along with the edicts of the president and his agents, the judges (who also can make law by uttering it), are 'legally' considered enemies, rebels, and can be held until they rot, can be summarily shot, or whatever one does to the enemy in times of war/emergency.
A state of emergency btw is considered tantamount to a state of war, in the officially stated views of Congress. That is one reason we have all these 'wars' - war on terror, war on poverty, war on those who don't want all this war, war on you name it - hangnails and the color pink and over-ripe bananas.
War/emergency is such a useful state, granting such enlarged powers to govt, that the govt decided it wanted to be there all the time. And it has been, for a long time now.
One can see that in a bona fide emergency these laws or rules , and the Doctrine of Necessity (which is the only 'law' in conditions of emergency and which holds that "necessity knows no law,") make good sense.
btw Black's Law, the 4th Ed. anyway, in one of the definitions of "Emergency" called it a permanent or semi-permanent state of affairs. Black's Law has been gradually changed to reflect and support the gradual demolition of the Constitutional Republic.
Jon Roland <[EMAIL PROTECTED]> wrote:
I'm forwarding this to test the suspicion it is being censored by
Yahoogroups spam filters.
-------- Original Message --------
Subject: [tuffmilitia.com] Court upholds detention of U.S. Citizens WITHOUT
A TRIAL ! ! !
Date: Sun, 11 Sep 2005 14:30:58 -0700 (PDT)
From: John Perna <[EMAIL PROTECTED]>
Court upholds detention of U.S. Citizens WITHOUT A TRIAL ! ! !
OUR RIGHT TO A TRIAL BY JURY GOES BACK INTO THE DARK AGES.
If we are not safe from imprisonment without trial, we have no rights.
Nothing is more basic than this.
This issue has nothing to do with whether, or not, Jose Padilla is innocent.
The trial is WHERE YOU DETERMINE THAT.
The fact is: the a right to trial by jury protects only the innocent,
and provides no benefit at all to the guilty.
Now even the Pretense of justice is gone.
----------
http://www.thenewamerican.com/artman/publish/article_1903.shtml
http://www.informationclearinghouse.info/article10210.htm
Court upholds detention without trial for U.S. Citizens
By Reuters
09/09/05 --WASHINGTON (Reuters) - A federal appeals court ruled on Friday
that U.S. President George W. Bush has the power to detain Jose Padilla, a
U.S. citizen who has been held for more than three years as a suspected
enemy combatant without any charges being brought against him.
"The exceedingly important question before us is whether the president of
the United States possesses the authority to detain militarily a citizen of
this country who is closely associated with al Qaeda," appeals court Judge
J. Michael Luttig wrote for the three-judge panel.
"We conclude that the president does possess such authority," said Luttig, a
conservative who has been under consideration by the Bush administration for
a possible Supreme Court nomination.
Padilla, a former Chicago gang member and convert to Islam, initially was
suspected by U.S. officials of plotting with al Qaeda to set off a
radioactive "dirty bomb" in the United States.
On May 8, 2002, Padilla was arrested at Chicago's O'Hare International
Airport after returning from Pakistan. Bush then declared him an enemy
combatant, and Padilla has been held in solitary confinement at a Navy brig
in South Carolina.
The appeals court reversed a decision by a federal judge in South Carolina
who ruled in February that Bush has no authority to have Padilla held as an
enemy combatant. The judge said Padilla must be released if he is not
charged with a crime.
Note : The decision by a three-judge panel was written by Judge J. Michael
Luttig, who sources have said is under consideration by President Bush for
nomination to the U.S. Supreme Court.
© Reuters 2005.
-------------------------------------
Another view on the same concept:
Jose Padilla and the Death of Personal Liberty
"The very core of liberty secured by our Anglo-Saxon system of separated
powers has been freedom from indefinite imprisonment at the will of
theExecutive." Judge Antonin Scalia
By Mike Whitney
09/10/05 "ICH" -- -- I had to sit down when I heard the Padilla case had
been settled. I literally felt sick to my stomach, like I was gasping for
air. The case of Jose Padilla is quite simply the most important case in the
history of the American judicial system. Hanging in the balance are all the
fundamental principles of American jurisprudence including habeas corpus,
due process and "the presumption of innocence". All of those basic concepts
were summarily revoked by the 3 judge panel of the 4th Circuit Court. The
Court ruled in favor of the Bush administration which claimed that it had
the right to indefinitely imprison an American citizen without charging him
with a crime. The resulting verdict confers absolute authority on the
President to incarcerate American citizens without charge and without any
legal means for the accused to challenge the terms of his detention. It is
the end of "inalienable rights", the end of The Bill of Rights, and the end
of any meaningful notion of
personal liberty.
I remember reading 3 or 4 years ago, in Zbigniew Brzezinski's, "The Grand
Chessboard", of a strategy to dominate the world that would result in the
loss of freedom for American citizens. Brzezinski recognized the inherent
threat that liberty posed to the development of empire. He stated:
"It is also a fact that America is too democratic at home to be autocratic
abroad. This limits the use of America's power, especially its capacity for
military intimidation. Never before has a populist democracy attained
international supremacy. But the pursuit of power is not a goal that
commands popular passion, except in conditions of a sudden threat or
challenge to the public's sense of domestic well-being. The economic
self-denial (that is, defense spending) and the human sacrifice (casualties,
even among professional soldiers) required in the effort are uncongenial to
democratic instincts. Democracy is inimical to imperial mobilization." (p.35)
Brzezinski's prescient forecast has proved to be astonishingly accurate. The
determination of the neocons, the Federalist Society, the far-right radio
giants, the Olin, Scaife, Coors and Bradley foundations, and the entire
stable of right-wing, quasi-fascist groups that operate openly within
American society, have pounded the final wooden stake into the heart of the
personal freedom. The basic legal protections that safeguard the citizen
from the arbitrary and hostile action of the state have been rescinded. We
all stand naked before the absolute power of the President.
The government has no case against Jose Padilla, a hapless Chicago
gang-banger who allegedly visited Pakistan before he was arrested at O'Hare
airport 3 and a half years ago. He is simply an unwitting victim of
circumstance; a convenient scapegoat for eviscerating the rule of law. The
Bush administration has used its extraordinary influence in the media to
demagogue the case and keep him locked-away without producing one shred of
evidence against him. The entire affair has been a grotesque mockery of
justice. The hard-right groups that engineered this plot know exactly where
the fault-lines in American jurisprudence lie; in the inalienable
protections of its citizens.
Padilla became the test-case for shattering the Bill of Rights with one
withering blow. It has succeeded beyond anyone's wildest expectation.
There's no chance that the Supreme Court will retry the case and draw more
attention to the shocking details of this judicial-coup; they already punted
once before preferring to pass it along to the lower court. Rather, the
meaning of the case will be ignored until the president needs to exercise
the newly-bestowed powers of supreme leader. That authority is now firmly
rooted in the legal precedent established by the Padilla ruling.
No Longer the Land of the Free
Americans seem unaware of the great loss we've all suffered by the Padilla
verdict. If the President is allowed to arbitrarily decide who has
"inalienable rights", than those rights become the provisional gifts of the
government rather than a reliable shield against the abuse of state power.
It means that every American citizen is as vulnerable to the same violation
of human rights as the men currently imprisoned in Guantanamo Bay. It also
means that the legal wall that shelters the citizen from the random violence
of the political establishment has been reduced to rubble.
The Padilla ruling is the blackest day in American history. The icons of
American liberty; the Washington Monument, the Lincoln Memorial, the Statue
of Liberty; are empty shrines if they are not underscored by the guarantee
of freedom. The Vietnam Memorial, the Constitution, the Gettysburg Address,
the 4th of July, the Federalist Papers, and the American flag; all
gratuitous expressions of a principle that has vanished from the political
landscape.
Every man and woman who ever wore an American uniform and died in the
service of their country, died in vain. Their sacrifice has been rendered
completely worthless by the action of the 4th Circuit Court.
George Bush has now extinguished every meaningful part of the American
dream. The last vestige of the social contract has been defiled and
desecrated by the administration and their court. Personal freedom is dead
in America; it was impaled by the verdict against Jose Padilla. How many
thousands or, perhaps, millions of Americans will die or endure incalculable
suffering to regain what we have lost on this tragic day?
Mike Whitney lives in Washington state. He can be reached at:
[EMAIL PROTECTED]
http://www.informationclearinghouse.info/article10223.htm
http://www.usconstitution.net/const.html#Am6
Amendment VI - Right to speedy trial, confrontation of witnesses. Ratified
12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
http://www.usconstitution.net/const.html#A1Sec9
No Bill of Attainder or ex post facto Law shall be passed.
Attainder
attainder n. The loss of all civil rights by a person sentenced for a
serious crime. [< OFr. attaindre, to convict] Source: AHD
In the context of the Constitution, a Bill of Attainder is meant to mean a
bill that has an negative effect on a single person or group (for example, a
fine or term of imprisonment). Originally, a Bill of Attainder sentenced an
individual to death, though this detail is no longer required to have an
enactment be ruled a Bill of Attainder.
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