Tag Archive for: 4th Amendment

Government Revision of History Debunked

KrisAnne-Hall-smIn Orwellian fashion, Barack Obama is attempting to reinterpret history to justify the government’s dismantling Americans’ 4th Amendment protections. In a speech delivered regarding National Security Agency data collection programs, the President gave this twisted distortion of American history:

“At the dawn of our Republic, a small, secret surveillance committee, born out of the Sons of Liberty, was established in Boston. And the group’s members included Paul Revere. At night, they would patrol the streets, reporting any signs that the British were preparing raids against America’s early Patriots. Throughout American history, intelligence has helped secure our country and our freedoms.”

It is hard to believe that some speechwriter could so shamelessly coopt the fight for liberty to justify the modern surveillance state. On the other hand, given the progressive education that the majority of our citizens have been brainwashed to believe maybe he thought nobody would notice. What do you say we shed the light of TRUTH on this mind-manipulating rewrite of American history?

The Revolutionary War Was Not A Battle Between The British And Americans

It was a battle between British Colonists and their government. It was a battle to win independence from government intrusion, denial of liberty, and government control. It was a civil war, not a foreign war.

The Sons Of Liberty Were Birthed By Colonists Who Were Fed Up With The Government’s Intrusion Upon Their Privacy, Property And Denial Of Their Rights

It all began in February 1761 when James Otis, Jr., a former government attorney, brought a lawsuit against the government for its blatant violations of the colonists’ rights to privacy and security of property from warrantless searches and seizures. Otis blew the cover off the British tool called “Writs of Assistance.” These Writs were authority given to government agents, by law, that permitted these agents to arbitrarily demand access to colonists’ homes and businesses to search and seized anything the government agents determined to be suspicious.

Otis had been in charge of the execution of these warrantless searches and prosecutions that resulted from the seizures. He began to realize just how tyrannical these Writs were.   He called them, “The worst instruments of arbitrary power, the most destructive of English Liberty ever found in an English law book.” When Otis was approached by some colonists who were victims of this arbitrary power, he decided to resign his post and take up a legal battle to secure the Liberty of the Colonists.

The Colonists had a long established right to the security of their property and to due process rights. Otis was there to defend them.

Otis argued for five hours, fighting the government in their courtroom. He lost the legal fight but birthed a spirit of independence in the hearts and minds of the colonists. This is what John Adams said about that day in court.

“But Otis was a flame of fire! With a promptitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glare of his eyes into (the future), and a rapid torrent of impetuous eloquence, he hurried away all before him…American Independence was then and there born. The seeds of Patriots and Heroes – to defend the vigorous youth, were then and there sown. Every man of an immense, crowded audience, appeared to me to go away, as I did, ready to take up arms against Writs of Assistance. Then, and there, was the first scene of the first act of opposition to the arbitrary claims of Great Britain – then and there, the child of Independence was born. In fifteen years, namely in 1776, he grew up to man hood, and declared himself free.” (John Adams to William Tudor 29 March 1817);

Also in that courtroom that day were Samuel Adams and many of the other men who would become the founders of our Constitutional Republic. Sam Adams left that courtroom inspired to form the Committees of Correspondence, a citizen coalition group whose purpose was to connect the Liberty minded Colonists and help educate each other on the TRUTH in the face of government media propaganda.

The Sons of Liberty were the action group birthed out of the inspired members of the Committees of Correspondence.

The Sons Of Liberty Were Not A Government Surveillance Program

As a matter of fact, they were quite the opposite. The Sons of Liberty held rallies and protests against the government’s denial of their rights to privacy and due process. The protests took the form of mock hangings and mock funeral processions of government agents.   They were engaged in ANTI-GOVERNMENT surveillance defending Liberty from a government who was refusing to abide by their Constitutional Charters.

Those Who Do Not Know Their History Are Doomed To Repeat Its Mistakes

If the progressives can rewrite our history to the point where Patriots fighting for Liberty become the very government oppressors they battled, we will become enslaved and never even know it. I am reminded of what Thomas Paine said about THEIR King in his dissertation called, “Common Sense”:

“He may accomplish by craft and subtlety in the long run, what he cannot do by force or violence in the short one.”

This blatant distortion of reality has only one purpose – To convince the masses to submit to a level of government control that can only be equated to tyrannical Kings and Kingdoms. Our founders did not accept such tyrannical abuse of their God-given rights and we do should not accept it now.

“I will to my dying day oppose, with all the powers and faculties God has given me, all the instruments of slavery on the one hand and villainy on the other as this Writs of Assistance is.”  James Otis, Jr.

What is the difference between this history and Obama’s? This one is based in fact and Obama’s is purely fiction.

Spread The TRUTH – Revive The American Spirit Of Liberty And Independence!

Government Exceptions to the 4th Amendment; Where are they?

Judges these days seem just fine with allowing the government exceptions to the 4th Amendment. That doesn’t surprise me, I went to law school.

featured-380-4th-amendmentI know that law schools DO NOT teach the Constitution…they teach CONSTITUTIONAL LAW. Those are not the same things. Constitutional Law classes teach that men and women in black robes know more about the Constitution than the men who wrote it. They also teach that these same black-robed constitutional illiterates can rewrite the Constitution through precedent and opinions based on their erroneous law school education.

According to the 4th Amendment we are not free from ALL search and seizures, just UNREASONABLE ONES. But the term “unreasonable” is no mystery. It is clearly defined within the 4th Amendment.

Amendment IV

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.

A careful review of the 4th Amendment tells us everything we need to know.

  • The right against unreasonable searches and seizures SHALL NOT BE INFRINGED.

The 2nd Amendment is NOT the only provision that contains these words. The government has been infringing upon the 2nd Amendment for decades, so why are we surprised that the 4th Amendment would get the same government application?

  • Only REASONABLE searches and seizures are allowed and are defined within the 4th Amendment:
  • With a WARRANT;
  • Based upon PROBABLE CAUSE;
  • Subject to DUE PROCESS REVIEW (oath or affirmation);
  • Particularly describing the PLACE to be search, AND
  • Particularly describing the PERSONS or THINGS to be seized.

There is clearly a 5 prong requirement as indicated by the word “AND”. You cannot have 4 out of 5 or 3 out of 5 and still have a reasonable search and seizure.

I challenge anyone to find within this language any other exception other than the 5 prong test. You can’t, because every exception that doesn’t exist within the 4th Amendment itself, is an exception created BY THE GOVERNMENT for the purpose of AIDING THE GOVERNMENT in their unreasonable searches and seizures.

There is no language in the 4th Amendment that says;

“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, UNLESS it is a matter of national security or the government has a compelling interest in safety or security to do otherwise.

Yet, that is what our judges consistently do, being either illiterate or ignorant to the TRUE MEANING and APPLICATION of the 4th Amendment.

The 4th Amendment WAS NOT designed as a tool to be used by the GOVERNMENT to keep its people safe. It was a WARNING to the PEOPLE that if the government engages in ANY SEARCH AND SEIZURE outside these bounds, you have an EVIL AND OPPRESSIVE government.

Such warrantless searches were perpetrated upon our founders in the form of Writs of Assistance. James Otis, Jr., an attorney who took on the government to defeat these searches, called these searches “the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book.” (Against Writs of Assistance, James Otis, Jr. February 24, 1761)

What has happened to Liberty in the last 252 years? We have allowed our FEAR to trump our LIBERTY. Our founders worked very hard to create a federal government that would be locked in a limited and defined box. We, their descendants, have turned around and handed the government the keys.

Exigent circumstances, roadside check points, national security, officer safety, are EXPANSIONS of government power; written by government paid lawyers, allowed by government paid judges, and used by government paid agents.

We have succumbed to the fear factor: Trading Liberty to keep us safe is the primary role of government. No, it is not. The primary role of government is NOT national security, it is, as the Constitution clearly mandates, Liberty Security, as in to “Preserve the Blessings of Liberty to ourselves and our Posterity.”

“Necessity is the plea for every infringement of freedom. It is the argument of tyrants. It is the creed of slaves.” No truer words were ever penned by William Pitt. However, here we are today accepting the government’s argument of necessity. Out of ignorance and arrogance, fueled by fear, we do not see they are revealing themselves to be tyrants and we are allowing OURSELVES to be slaves.

4th Amendment in New Mexico

It  is open line Friday and there’s still a bit of celebration about my representative Ted Yoho and his initiative to impeach Eric Holder. Representative Yoho did go through my Roots of Liberty seminar and he heard me speak about Article II  Section IV. We’re not getting recognition for this but you know what? Think of the thousands of men and women who fought for our liberty and we will never know their names. So it’s not about recognition, or glory, it’s about liberty. Now about the 4th Amendment.The Fourth Amendment to the U.S. Constitution reads:

“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.”

This is very clear, unless of course you happened to live in New Mexico. 

Traitors and Terrorists

Roll call on the Amash amendment to defund the NSA supporting the collection of our meta data, personal information and attack on the 4th Amendment. Now we have a list of traitors who are willing to put security over liberty and who believe that liberty has less value than national security. During a monthly live stream called “Conversations with Conservatives” the Amash amendment came up. During this call Michele Bachman stated that she was going to be voiting against the Amash amendment because the only beneficiaries of the amendment will be Islamic Jihdists. I’m not joking here. Does she thing that the 4th amendment only protects the Islamic Jihadists and that we don’t need the same protections. Amash stood his ground admirably declaring that this protection was our right. Apparently Ms. Bachman doesn’t agree and if you want to know what she said, then click the play button now.