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Date: Tue, 30 Apr 2002 18:33:14 EDT
From: [EMAIL PROTECTED]
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To: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: [ctrl] Put Up Or Shut Up

<A 
HREF="http://www.strike-the-root.com/columns/Hein/hein23.html";>http://www.strike-the-root.com/columns/Hein/hein23.html</A>



Put Up Or Shut Up

by <A HREF="mailto:[EMAIL PROTECTED]";>Paul Hein</A>

The Tenth Amendment to the Constitution is a real powerhouse. If it were
taken seriously, America would be a free country. It says, "The powers not
delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people."

The key word is "delegated." You can't delegate a power you don't have. Let's
think about that.

Across America, God-fearing, law-abiding Americans are becoming increasingly
restive at the lawlessness of government. There is no aspect of one's life
that government doesn't seek to regulate, limit, or control, but since the
word "govern" means "to regulate, limit, or control," that should be no
surprise. Indeed, if there is any surprise, after all this time, it's that
the individuals who comprise government, and who take an oath to uphold the
Constitution, regard that document with obvious contempt.

The justification for unlawful government is based upon the concept of
"implied powers." In other words, the Constitution authorizes no government
involvement in schools, or medical care, or smoking, and it flatly forbids
any prohibition of gun ownership; but the government involves itself in all
these things, every day, in a big way, by implication. Odd, isn't it, that
the Founders worked for weeks hammering out precisely the role of government,
except that, by the virtue of "implied powers," government can do anything it
wants. They could have said that in the preamble and spared themselves all
the trouble! Try telling the traffic court that you were doing 75 in a 60 MPH
zone, because the higher speed is permitted by implication.

Gold and silver were to be used as money in the Constitutional government,
and no direct taxes levied except via apportionment, but those prohibitions
are no more taken seriously than the rest of the Constitution. Our property
is taken from us by procedures which would leave the Founders gasping with
indignant amazement.

What are Americans to do? Most, of course, don't want to be awakened. Others
have a vested interest in the status quo. The remainder of us, at one time,
thought that the remedy was in the justice system. Where else, after all,
would one expect to find justice? It turns out that we were asleep, also.

The justice system is owned and operated by the government which oppresses
us. To expect relief from government tyranny in government courts is, we are
learning, inexcusably naive.

So back to the question: what are Americans to do? The answer hinges on that
word in the Tenth Amendment: delegated. If the government derives its power
from the people by delegation, then the people possess that power primarily
and essentially, and the government only secondarily. The specific power
referred to here is that of establishing courts. The Constitution mandates
only a federal Supreme Court. Lower federal courts may, or may not, be
established by Congress. If Congress has that power, it must be because we
have delegated it to them. Therefore, two courses of action come to mind:

First, repeal our delegation. "Sorry, gentlemen, but you've botched this
court business badly. You're providing not justice, but a star chamber.
Americans would be better protected without you. You're out of business; pick
up your severance pay and find honest work." Easier said than done? Of
course; what isn't? But imagine the consequences if a single candidate for
public office in the upcoming elections were to make such a proposal. The
sleepers might awaken; the indignation of others might be directed along a
fruitful path, instead of fruitless frustration.

Second, use our power to establish new courts, with free-lance judges. Isn't
anyone concerned over the fact that in every case between the United States
and any individual or corporation, the judge is a paid employee of one of the
parties to the lawsuit? A man nominated for the post of Secretary of Defense
had better unload any stock he has in a defense industry; a federal judge,
however, is assumed to have no vested interest in protecting the government
which hired, and pays, him. Bizarre!

Lawyers are everywhere. We have a glut of them. Why not have a pool of
lawyers willing to sit as judges, if their qualifications are suitable to
both plaintiff and defendant? They could be paid by the parties involved,
each contributing to half the judge's fee.

Not far from where I am writing these words is the home of Daniel Boone. In
the front yard stood a majestic oak called the "judgment tree," under whose
branches Boone often sat as judge. Daniel was so employed by litigants who
were willing to use him in that capacity because he was known to be fair and
have good sense. The system seemed to work then, and a version of it could
work now. And, of course, jurors would understand that if the law which the
defendant was accused of breaking was damn unconstitutional foolishness, it
obligated no one, and needn't be upheld.

The government doesn't rule, except by our acquiescence. Courts don't rule on
the law; jurors do, or should. It's our country, and high time we regained
control of it. The courts are a good place to start.


    April 29, 2002

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