art inisible enemy

Fighting the Invisible Enemy

 

art inisible enemy

Fighting the Invisible Enemy

By KrisAnne Hall, JD

How much thought does the average American put into their Rights on a daily basis?  Perhaps not much, but that is all about to change.  For generations the Supreme Court has called protection of the individual’s rights the bedrock of American principles.  Those who ratified our Bill of Rights knew how vital these rights were to the very preservation of all liberty.  Among these rights are those that our founders would formally declare as being absolutely essential to life itself; freedoms of religion, speech, press, assembly, along with the individual right to keep and bear arms, security of personal property, and indispensable rights of due process.  Today these rights are at risk from an “invisible enemy.”

In 1788, the State of Virginia was refusing to ratify the Constitution without greater safeguards for these individual rights.  In that same year, Richard Henry Lee, Congressman from Virginia, described our Bill of Rights, the enumeration of rights of the individual in our Constitution, as:

“visible boundaries, constantly seen by all, and any transgression of them is immediately discovered: they serve as centinels for the people at all times, and especially in those unavoidable intervals of inattention.” (sic)

Unfortunately, we have entered into that “interval of inattention” as very few Americans can name all five liberties identified in the First Amendment; national polls put the number at less than 2%.  If we do not know what our Rights are, how do we know they are not already gone?  How will we know when people in power, either through good or malicious intent, move against our Rights; we cannot defend what we cannot define. 

Our founders lived in the midst of the greatest tyranny America has ever known.  It was wrecking their churches, destroying their businesses, and tearing apart families and homes.  Even in their day of limited technology they knew who the enemy was; not a King, not a country, not even a virus.  The understood the enemy to be anything that jeopardized the inherent and individual rights of the people.  They knew from personal experience that when essential liberties of the people are even partially limited by government force, they are never truly restored.   Our founders spoke incessantly of the importance of fully securing our individual rights.

 “Liberty must at all hazards be supported.  We have a right to it derived from our Maker.” (sic) John Adams 1765

“No people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffused and virtue is preserved.” (sic) Samuel Adams 1775

“Give me Liberty or give me death.” Patrick Henry 1775

 Those who fought to secure our liberties today were firmly educated and intimately associated with their Rights and could easily identify their violations.  Today our dearth of education in American history is only surpassed by the misinformation we are fed about the purpose and power of government.  How easily this designed ignorance makes us fall prey to the undying argument that its necessary to “temporarily suspend” our Rights for some new and frightening boogey man. 

Perhaps today we are being presented with the ultimate power poltergeist: an “invisible enemy” that can only be seen by those in government.  Because of a virus, that has no face and no foreseeable end, we are told that it is necessary to temporarily suspend our rights for the safety of the community.  However, all of history screams out to us in horror, “Rights are NEVER suspended temporarily, and safety is a ravenous phantom that can never be satisfied.  Once your rights are surrendered, they are never peacefully restored.”

Learn YOUR Constitution at LibertyFirstSociety.com – The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won’t teach truth anymore!

The mantra, “the needs of the many outweigh the needs of the few, or the one” is a Marxist principle not just a line from Star Trek dialogue.  This ideology is not what America was founded upon, quite the opposite.  Our governments, since the foundation of our States in 1776 are based upon the fundamental principle that the sole purpose of government is the secure the Rights of the INDIVIDUAL, not to appease the collective.  The cornerstone of American government is the responsibility of the people to self-govern.  It is not selfish for a person to demand full protection and security of their individual rights to freedom of religion, speech, assembly, and property. On the contrary, it is wholly selfish for the community to demand that the force of government deprive individual rights because there are a few who refuse to act responsibly in securing their own health and welfare.  Mass curfews and quarantines are not the American way, they are the communist way.  The American way says that we do not use force to compensate for the irresponsibility of the few.

Our State Constitutions and the Constitution of these United States were established as written standards to protect the individual from the will of the majority, to secure the rights of the minority.  Ironically the needs of the many argument used today to justify a cry for national curfews, business closure, and forced quarantine, justified by the needs of the many, is the same argument used throughout history to justify slavery and the involuntary and indefinite incarceration of innocent people, even in America’s history.  If residents wish to voluntarily follow guidelines and act responsibly, then so be it.  But when business owners, Pastors of churches, and Sheriffs’ defending rights, refuse to obey any of these unconstitutional mandates, they are not acting lawlessly because it is actually those in government who are violating the Supreme Law of the land.  These individuals are enforcing the law in the face of lawless government.

Our founders had very strong words for those in power who attempted to interfere with these inherent and essential rights.  Benjamin Franklin, writing under the pseudonym of Silence Dogood wrote in 1722 that only “Publick Traytors” (sic) would attempt to subdue these Rights.  He also remarked that when a person cannot freely express these Rights they live in a “wretched country” where he has no property rights.

In 1774 Thomas Gage, Governor of the colony of Massachusetts, issued a law outlawing all public meetings except one a year, but only when proper permit was obtained from Gage.  Those who would write our First Amendment classified Gage’s actions as an act of war against the people.  As soon as Gage issued his order 300 people assembled in Salem to protest the limit on their freedom of speech & assembly.  Gage would send troops to disband the protest only to see an additional 3,000 people immediately assemble and chase his troops away.  Thomas Jefferson issued instructions to the Virginia Congress in which he declared Gage’s law as an act of “Treason” and “the most alarming Process that ever appeared in a British Government.”

Now more than ever we must hold tight to the principles that founded America.  Through the full application of true America principles, we can defeat any enemy while simultaneously securing the individual liberties of the people.  We are about to travel a road our founders traveled, so let us pick up the wisdom of experience and move in the proper direction.  Samuel Adams said,

 “Let us contemplate our forefathers, and posterity, and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. The necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude and perseverance. Let us remember that “if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom,” it is a very serious consideration … that millions yet unborn may be the miserable sharers of the event.”

What we do, what we allow those in government to do over the next few weeks, will determine the future fate of people in America and around the world.  We cannot give into the “invisible enemy” and their siren song of the “necessity” which sets a precedent for our inherent rights to be brushed aside so easily.  William Pitt The Younger gives this wisdom to our generation:

“Necessity is the plea for every infringement of human freedom.  It is the argument of tyrants; it is the creed of slaves.” 1787

When facing an alleged threat today, we must pause to ask, “will this make it easier for our essential rights to be dismissed tomorrow?”  Are building a future where are descendants view that which is fundamental as something granted and taken at the whim of rulers and masters?  Didn’t we found this Constitutional Republic to escape that very scenario?  Will a viral threat change our identity and have us cease to be America?  What we do in the next few weeks will inevitably answer these questions.

Learn YOUR Constitution at LibertyFirstSociety.com – The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won’t teach truth anymore!

Art Covid Rel Liberty

A Message To The Church: COVID19 Restrictions and Freedom of Religion

Art Covid Rel Liberty
A Message To The Church: 
COVID19 Restrictions and Freedom of Religion
By KrisAnne Hall, JD
KrisAnneHall.com

A bloody path was trod to bring religious freedom to modern America. Christian martyrs and patriots secured our God-given right to Freedom of Religion with their suffering and even with their lives.  Religious freedom in America is not simply a fundamental right but a foundational one.  The settlements of the first American colonies were established in the flight from oppressive religious persecution and the struggle continued even on these shores.  From the beating of Obadiah Holmes, the lynching of Quakers and the imprisonment of 50 Baptist preachers who were defended by a fiery attorney named Patrick Henry, religious liberty in America has been something Christians have always been willing to stand for or even to die for.  This history and more gave us our First Amendment to the Constitution and its underlying principle of religious conscience which has been part of the bedrock of our Republic for more than two centuries.

The “Father of the Constitution” and fourth President James Madison wrote in 1792,

“Conscience is the most sacred of all property…the exercise of that, being a natural and unalienable right. To guard a man’s house as his castle, to pay public and enforce private debts with the most exact faith, can give no title to invade a man’s conscience which is more sacred than his castle…”

Indeed prohibitions upon the government’s authority to infringe, limit, or dictate the operation of the church have been codified in western law long before the settlement of American colonies.  Many American Christians have heard of Thomas Jefferson’s famous letter to the Danbury Baptists ensuring them that America would never return to a time where the government sought to dictate the operations of the church.  But long before 1802, Jefferson’s “wall of separation of church and state” that kept government outside the sacred walls of the church was one alluded to by King Henry I in the 1100 Charter of Liberties. Henry declared the body of the church to be free from government intrusions. Two-hundred years later, one of the tipping points in the fight that brought us Magna Carta was the crown’s attempt to interfere in the free operation of the church. This charter history of our founding documents continued its development through the Grand Remonstrance of 1641 and the English Bill of Rights of 1689 under which our founders arrived in this New World.  Each of these installments, which would later culminate in our founding documents; all happened amid the fight for religious liberty.

Learn YOUR Constitution at LibertyFirstSociety.com– The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won’t teach truth anymore!

However even with the clear language of our First Amendment and the history that should inform our actions, the struggle to maintain this essential right from the control of government continues to this day. Modern lawmakers like to carve out excuses and causes for government intrusions into our inherent rights when some imagined need arises.  William Pitt, The Younger warned in 1783, “Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.  It is the creed of slaves.”  Necessity seems to always be the most powerful tool to persuade the masses into accepting these infringements.  Today because of the coronavirus scare, religious liberty is facing a huge “necessity plea” in the form of limits upon assembly. At least one church has been descended upon by police and threatened with the National Guard for having more than 250 people attend.

According to the courts, a law that infringes upon a fundamental right, like Freedom of Religion, must overcome certain challenges:  The law must not be arbitrary, oppressive, or unreasonable.  The law must be equally applied to secular businesses and it must satisfy a qualification of being the least restrictive means necessary to accomplish a compelling governmental interest. The restrictions imposed by Governors and municipalities upon the number of people who can assemble in a private church gathering appears to fail these tests. 

First, these numerical restrictions are completely arbitrary in nature.  There has been no tested nor proven scientific or medical data to show us what “number” of people that congregate together are a danger to society.  The number has varied from place to place and moment by moment. Somewhere it’s 50, other places its 10 and there are still other variations.  When politicians assign an “acceptable” number of people allowed in a private church, they are reducing our right to Freedom of Religion to a first come, first served privilege.  Our first foundational document reads:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights…”

The government deciding who can attend a service by way of a numerical limit does not demonstrate an equality of rights and ought to be seen as a per se violation of the principle of separation of church and state.

Secondly, in the current scare, these orders are not being applied equally upon secular businesses and other institutions.  When arbitrary number limits are applied to a church and not to a library, post office, grocery store, or hotel gym, there is not equal application.  These orders try to justify unequal application based upon the definition of “essential” services.  By what authority does the government declare the church non-essential? The Church is a place where people turn for help and for comfort in a climate of fear and uncertainty. In a time of crisis, people are fearful and in need of comfort and community, more than ever before. Even people who do not attend church regularly, or perhaps never go to church, need to know that there is somewhere for them to go when they need help.  Since Roman persecution of the church ended, the church has been viewed by Western civilization as an essential part of society, a refuge in time of trouble or need, a place of peace and a sanctuary for the weary, even a place of healing and provision.  More salient for believers is that the Bible pointedly addresses the issue of assembling during troubled times:

“Not forsaking the assembling of ourselves together, as the manner of some is; but exhorting one another: and so much the more, as ye see the day approaching.” Heb 10:25

Many in the church take this as a solemn command. To deny a Christian his obligation to gather with his local called out body is to put him at odds with a fundamental tenet of the faith.  For a believer in Christ there are few things as essential as the gathering of the body of Christ in the study of God’s Word and worship of His Glory.  As a matter of fact, the Bible teaches that since we are eternal beings in this temporary world, God’s word is more essential than food.

“But Jesus replied, “It is written and forever remains written, ‘Man shall not live by bread alone, but by every word that comes out of the mouth of God.’” Matthew 4:4

When those in government can assign a label of non-essential to the practice of religion, then government is taking a very serious and dangerous role of defining religion, which is expressly forbidden in our Bill of Rights and in a majority of our State Constitutions. 

Finally, these restrictions are not reasonable and not the least restrictive means necessary.  The case law used to define reasonableness in these laws are easily distinguishable.  In Moore v. Draper, the Florida Supreme Court held that Moore could be quarantined and prevented from attending church because he had Tuberculosis.  The court also said that once he was healthy he could no longer be reasonably or legally quarantined and prevented from attending church.  The current laws restricting the number of attendees of a church are not restrictions on one unhealthy individual.  They are restrictions upon a group of healthy people from attending church. The court said that such a restriction would be unreasonable.  Additionally, the court did not order the entire church to be shut down to keep Moore healthy, which is exactly what these orders are trying to suggest is a reasonable and Constitutional solution. 

Limiting an entire congregation of people for the safety of those who may be at risk of infection does not meet the standard of Moore, nor can it be seen as the least restrictive means necessary.   The Florida case of Varholy v. Sweat is distinguishable for the same reasons as Moore.  Finally, in Employment Division vs. Smith, the U.S. Supreme Court held that a “neutral, generally applicable law” restricting use of a hallucinogenic plant was not an unreasonable interference upon freedom of religion. Because the current restrictions upon church assemblies are not generally applicable to every other place where people will congregate, Smith is not controlling and proponents of church meeting bans find it no support.

Although it is argued the “protection of the public health is one of the prime duties resting upon the State” we cannot escape the reality that the FIRST prime duty of every state is codified in the Declaration of Independence:

“…that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

There is nothing in the law or precedent to establish a blanket and arbitrary assertion of “state of emergency” as an unquestionable authority.  There is nothing in law or precedent to support a restriction on the number of people who can assemble in a church, for health reasons or otherwise, as a criterion for denying the essential Right of Freedom of Religion.  There is everything in history and experience that says such actions by government are unreasonable and oppressive restrictions upon the essential and inherent Right of Freedom of Religion.  Rev. Jonathan Witherspoon, founder of Princeton University gave this warning:

“There is not a single instance in history in which civil liberty was lost, and religious liberty preserved entire.” 

When Peter and the apostles were told by law not to gather, preach, lay hands on the sick for God to grant them healing or else be thrown into prison, they chose to continue to practice their faith.  After they escaped from prison and were told by God to go back and assemble with the people and preach and heal, they did exactly that.  And when they were questioned by the government as to why they continued to break this law, the apostles did not hesitate or make excuse, they simply said, “We ought to obey God rather than men.”(Acts 5:29)  True to the history that makes America great, our pastors and church members should not so easily surrender a fundamental rights so faithfully contended for by those who have gone before. Who will stand and not let the landmarks be moved?

Learn more at KrisAnneHall.com

Learn YOUR Constitution at LibertyFirstSociety.com– The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won’t teach truth anymore!

Art flag burn

Flag Burning and Free Speech

 

Art flag burn

Flag Burning & Free Speech

by KrisAnne Hall, JD

KrisAnneHall.com

The flag represents “the Republic for which it stands.”  That Republic is the foundation for maintaining our Union of States.  The purpose for creating and maintaining the Union of States is to “secure the Blessings of Liberty, to ourselves and our Posterity.”  The first principles of that Liberty are codified in the First Amendment of the Bill of Rights.  How is it that so many people are more attached to the flag than those inalienable, God given Rights that we are supposed to be defending?  How can we make it illegal to burn a flag, and sit back, day after day, as our own representatives tear through our Liberty like a whale through a net?  I know from public polls and personal experience that less than 2% of Americans can name all five Liberties in the First Amendment, from memory, without looking for the answer.  How can some Americans become more attached to a flag than the Liberty that America was created to protect?  Perhaps it is because Americans, as a whole, have become so ignorant of their Rights that many will desperately cling to symbols instead of standing for our Liberty.

It is not a flag we fight for. It is not a flag that makes America great. It is the protection of Liberty that recognizes our Right to burn that flag that makes us different from everyone else. See what happens if you burn a flag in China, Iraq, or North Korea. Is that really the model we are striving toward?

Sure it’s offensive. Sure it’s disrespectful. But you have no right to not be offended and you have no right to be respected. I have a Right to offend and disrespect. Without that Right, you are a slave.

Not too long ago many were shouting that mantra at the liberals and the LGBT, declaring it “unAmerican” to censor people they deemed “offensive.” How quickly the terms of Liberty are forgotten and how fickle people become when they are now offended.

“Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech; which is the Right of every Man, as far as by it, he does not hurt or controul the Right of another: And this is the only Check it ought to suffer, and the only Bounds it ought to know.

“This sacred Privilege is so essential to free Governments, that the Security of Property, and the Freedom of Speech always go together; and in those wretched Countries where a Man cannot call his Tongue his own, he can scarce call any Thing else his own. Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech; a Thing terrible to Publick Traytors.” Silence Dogood #8

There is another issue of property.  If you own the flag it is your property to burn.  The federal government made the burning of money illegal, because they say that the paper money is federal property.  Are we saying that every flag we buy is still owned by the government so they can prosecute us for burning their property?  What if I take a bed sheet and draw a US Flag on it and burn it, will I go to jail or have my citizenship revoked for that, too?  Who defines this offense?  Who punishes this offense?  It will be those in government who have proven themselves ignorant and irresponsible to Liberty; those in government who wrap themselves in that flag and then torch our Bill of Rights.  That is a power we ought not allow government to exercise, it is one they have proven they do not deserve to wield.

Those in government who are ignorant of Liberty and those in government disposed to usurp are not going to overturn the Right to Free Speech by amending the Constitution, but what they will do is create laws attacking specific aspects of Free Speech or engage in efforts of societal censorship (political correctness) and make us censor ourselves. Self censorship is the greatest form of servitude because the slaves never see the chains that bind them.

We must KNOW that speech cannot be censored by government, and the people should not be afraid to speak!

“For no People will tamely surrender their Liberties, nor can any be easily subdued, when Knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own Weight without the Aid of foreign Invaders.” Samuel Adams 1775

The founders of our Constitutional Republic burned their flag, they burned effigies of their politicians and tax collectors, too.   They burned their flag as an expression of sadness over their Liberty lost through government usurpation.   They burned their flag as an expression of disgust over the despotic attack by their government upon their Liberties.  Their flag meant no less to them than our flag means to many Americans.  They loved their country of Great Britain.  They continually prayed for reconciliation with their country, up to and even beyond the Declaration of Independence.  To them, burning their flag, was the most powerful way to express the utter despair they felt over their government’s refusal to recognize the Rights of all Englishman as guaranteed by their Constitution and by God.  To them, burning effigies of their tax collectors and politicians, was the most peaceful way to show their complete disgust for the negligence and criminality of those they had entrusted as guardians of their Rights.

As a matter of fact, the colonists did something “worse” than burning the Union Jack, they created a whole new flag as a statement of their defiance and independence!  Therefore, it is not even historically accurate to claim that our founders would not advocate burning the flag in protest.  They personally knew that power of that free expression.

We must get our priorities in line.  We must develop a fonder attachment to Liberty than to paper and cloth.  Without that Liberty, the only paper and cloth you will possess are the ones that our government gives you permission to possess and you will only possess it under their terms and conditions.  Let us Love Liberty over Security and Comfort, Principles over Parties, and Truth over Personality.

I doesn’t matter how you feel about the President. It doesn’t matter how you feel about burning a flag. My Rights are not based upon your feelings. They are inalienable gifts from God.

“Let us remember that “if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom.” It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers of the event.” Samuel Adams 1771

The quickest way to identify a tyrant is find the one who wants to diminish your Rights so people can be happy. The quickest way to find a slave is to locate those agreeing with the tyrant.

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”  William Pitt, the Younger

Perhaps if we had spent more time in school memorizing the Bill of Rights than the Pledge of Allegiance, we would be having a different conversation.

Mandatory Vaccinations & Their Impact Upon Religious Liberty

Mandatory Vaccinations & Their Impact Upon Religious Liberty

By KrisAnne Hall, JD

KrisAnneHall.com

America was established upon the principles of Liberty.  James Madison said wrote in 1792:

“Conscience is the most sacred of all property; other property depending in part on positive law, the exercise of that, being a natural and unalienable right. To guard a man’s house as his castle, to pay public and enforce private debts with the most exact faith, can give no title to invade a man’s conscience which is more sacred than his castle…”

A new plea of “necessity” is sweeping across America that could change all of that.  State Legislation that eliminates the essential exception to mandatory vaccinations would remove the right of free exercise of religion for Americas all across the country by mandating them to engage in behavior contrary to their religious beliefs.  Americans must prevent this unreasonable intrusion and head the warning of those who founded America.  William Pitt, The Younger warned in 1783:

“Necessity is the plea for every infringement of human freedom: it is the argument of tyrants, it is the creed of slaves.”

Mandating vaccinations without offering parents religious exemptions threatens religious freedom for all.  Vaccinations have been available to Americans since the early 1800s.  Once governments began attempting to mandate vaccinations upon citizens, many people began to object.  This is not simply an issue of eradicating disease; it goes much deeper than that. 

Many religious faiths hold murder to be a violation of their beliefs and hold abortion to fall into the category of murder.  Shockingly, the list of mandatory vaccinations for children include vaccinations that are derived from aborted fetal tissue.  Vaccinations for Chicken Pox, Hepatitis-A, and Rubella, are produced from aborted fetal tissue and at this time, pharmaceutical companies offer no alternatives. According to a report issued by Liberty Counsel, most physicians who oppose abortion do not realize these vaccines are produced from aborted fetal tissue. 

The Rubella vaccination know as RA/27/3,  developed during the Rubella epidemic of 1964, is so named based on the fact that it is derived from aborted fetal tissue: R stands for Rubella, A stands for Abortus, 27 stands for the 27th fetus tested, and 3 stands for the 3rd tissue explant.  In layman’s terms, there were 26 abortions prior to identifying the right formula for the vaccination.  Aborted babies were sent to two scientists at the Wistar Institute by the names of Plotkin and Hayflick.  By dissecting the kidneys and lungs of these aborted babies Plotkin and Hayflick developed the  virus strain identified as WI-38 (Wistar Institute 38).  Further development of this vaccination was created in the 1970’s from a male baby at 14 weeks gestation. (HistoryOfVaccinies.org – Human Cell Strains in Vaccine Development)  The cells from these aborted babies have also been used to create many other commonly used vaccinations, two of which are the Hepatitis-A and Chicken Pox vaccinations.  With these facts we can discern that even vaccinations that may not actually contain aborted fetal tissue, were actually developed initially using the cells of aborted babies. (see Liberty Counsel report).

Not only does the Chicken Pox vaccination contain strains derived from aborted babies, it also contains monosodium glutamate (MSG), a chemical compound the FDA has identified as dangerous to infants, children, pregnant women or women of child bearing age, and people with mental or emotional disorders.  According to the Liberty Counsel report, Dr. Arthur Lavin of the Department of Pediatrics at St. Luke’s Medical Center in Cleveland, Ohio, strongly opposes the chicken pox vaccine.  Some experts believe the Chicken Pox vaccination can actually signal a more serious underlying chronic condition called “Atypical Measles.” (see Liberty Counsel report)  Although the FDA claims less than a 10% chance that serious illness and death caused by vaccinations, the National Vaccine Injury Compensation Program (a federal government program) pays nearly $100 million per year to victims and families for vaccine related disabilities and deaths.

In addition to the dangers and use of aborted babies to create vaccines, many people simply hold sincerely religious beliefs against vaccinations in general.  One religious objection is the firmly held belief that God created the human body as a temple and that the body should not be destroyed by injecting a virus into it. 

Although a few of the vaccinations containing aborted babies have alternatives that do not contain aborted baby tissue, those alternatives do contain animal bi-products.  There are many people in Florida that have firmly held convictions against ingesting any animal products into their bodies. 

Mandatory vaccinations that are designed to prevent sexually transmitted diseases also create problems for those with particular religious convictions.  These parents believe sexually transmitted diseases ought to be prevented through abstinence and not injections into the body that condone sexual activity contrary to their religious beliefs.

There are less intrusive ways to deal with these issues and the courts are not inconsiderate of the rights of those with deeply held religious beliefs.  For example, Liberty Counsel won two cases in New York City where the school system attempted to mandate the Hepatitis-B vaccination on the children of two families.  These families expressed their sincerely held religious beliefs against vaccinations and the schools expelled the children of both families.  Liberty Counsel filed a federal law suit on behalf of both families and the federal court held that the children had to be readmitted to school and the school could not force the parents to vaccinate their children. 

In another case, Liberty Counsel filed a lawsuit against Arkansas’s law mandating vaccinations and denying religious exceptions.  Because of Liberty Counsel’s law suit, the Arkansas legislature promptly passed new legislations providing for exemptions for philosophical and religious objectors, as well as objectors who claim medical necessity.

We cannot allow our State Representatives to simply disregard the Religious Liberty of the people.  America’s founders fought desperately to establish a place where all could be equally free to live true to their religious beliefs without government intrusion.  The very principle of separation of church and state requires government to not infringe upon the religious beliefs of the people. 

John Witherspoon, a founder of America and former president of Princeton University said, “There is not a single instance in history in which civil liberty was lost, and religious liberty preserved entire.” The People of Florida intentionally established religious exemptions to mandatory vaccinations to protect the essential rights embodied in religious liberty. For the preservation of civil and religious liberty for all, Americans must preserve our Right to conscience: we must protect religious exemptions!

Learn more at KrisAnneHall.com

article rtkba

Defending Life, Liberty & Natural Rights

article rtkba

A Short Message

On The Right To Keep & Bear Arms

By KrisAnne Hall, JD

Watch KrisAnne give this message on YouTube

 

The Right to keep and bear arms is an essential protection for Life and Liberty.

Samuel Adams wrote in 1792:

“Among the Natural Rights of the Colonists are these First Life, secondly Liberty, third property, together with the right to defend them in the best manner possible.” 

Adams continued his point by noting that these rights are a direct product of the First law of Nature, the Duty of self-preservation.

Those who would stand for the Right to keep and bear arms do so with the interest of preserving Life and Liberty – not destroying it.  Those who support the Right to keep and bear arms support the Natural Right and duty of self-preservation, they support the ability to defend Life and Liberty not only for themselves but for their neighbors.  They support freedom and just government, they support ensuring that our future generations will able to be a government of the people, not subject to a government over the people.  The keep and bear arms, they train in the skill of defense BECAUSE they love their children, their families, and their neighbors and want to defend the most precious gifts of Life, at their own expense, if necessary.

Those who oppose the Right to keep and bear arms, whether intentionally or not, support the opposite of Life and Liberty – they support slavery, they support oppression, they support despotic government rule over the people. 

Those who ignorantly support disarming the people do so because they have been convinced of one eternal error – that those in power respect the lives and liberties of the people and will protect them.  There is absolutely NOTHING in the history of man that ought to give someone that false delusion of hope.  History is ripe with one oracle of truth – when the people are disarmed they are inevitably enslaved by the more powerful, more able, or more populated groups.  Disarming the people never ever frees the minority, to the contrary, in a disarmed society the minority becomes the first to be converted to chattel.  Slavery is not possible in a society where the people are well armed and well trained in the skill of defense and the knowledge of the value of Life and Liberty worth defending.

Those who knowingly support disarming the people do so because they are power hungry, lack respect for Life, and wish to control and dominate Life, Liberty, and Property.  The know just how to motivate the ignorant through the greatest human deception, contrived necessity.  They know how to control the powerless, corral the weak, and convince a morally depleted population to organize and come against their own neighbors.  They are those among us who endeavor to rob the innocent of their God given rights to enrich and empower themselves and endanger most precious gifts of Life and at the fatal cost of a free future.  They care only about themselves; they are the ones who pass by a neighbor in need and demand the right to take Life out of a feigned excuse derived from the most selfish center of humankind.  They seek to rob, kill, and destroy Life, Liberty and Property and they are the very spirit that has caused the institutions of slavery and despotism to rise throughout history.

William Pitt, The Younger summed it up best when he said,

“Necessity is the plea for every infringement of human freedom, it is the argument of tyrants, it is the creed of slaves.”

There is a day where every American reflects on who they are, who they want to be, and takes the time to classify themselves.  Are you a slave?  Are you a tyrant? Or are you a freeman?

If you have determined that you love your neighbor as yourself, if you love your children and your children’s children, if you wish to remain a freeman and not encourage slavery at the hand of the despot, then what comes next is your only choice…John Adams wrote,

Liberty must at all hazards be defended, we have a right to it derived from our maker.  But if we had not, our fathers have bought and purchased it for us at the expense of their ease, their estates and their pleasure and their blood.”

So, first, You Stand UP FOR the weak and ignorant.  You Stand up to say, we will not let you be enslaved.  We will defend you as well as our own because that is the call of Liberty that Makes America Great

Second, you Stand up TO tyrant.  You declare your Natural Rights just as we did on July 4, 1776 – That all men are created equal and endowed by their Creator with certain unalienable rights.  That these rights, being derived from Nature, a gift to all mankind, precede all government and all law; that all laws must be made to conform to our Natural Rights, or they are no law at all.  You tell the tyrant that you hold no ill will, that you love him and pray peace, and because you love him you will not allow him to enslave your neighbor and you will not allow him to deny us and our future a Right guaranteed by our Creator.

Mercy Otis Warren made this plea:

“America stands armed with resolution and virtue; but she still recoils at the idea of drawing the sword against the nation from whence she derived her origin. Yet Britain, like an unnatural parent, is ready to plunge her dagger into the bosom of her affectionate offspring. But may we not yet hope for more lenient measures!”

You see, it won’t be those who defend Liberty who pray violence.  Those fighting for the Right to keep and bear arms are armed, yes, with resolution and virtue to preserve Life, not end it, to secure Liberty, not destroy it.  It will be those who have no respect for Life, that hold no love for their brother, who love self more than Liberty and Life – the tyrants and slaves – who will bring violence for violent ends.

THESE are the times that try men’s souls.  These are the days when choices must be made.  Today we choose peace.  Today we choose Life.  Today we choose Liberty.  And because we’ve made these choices, today we choose to defend our right to secure Life, Liberty, and Property from those who would come to rob, steal, and destroy.  Today we stand in defense of our Natural Right to keep and bear arms.

And if you find yourself in opposition to this essential Right.  If you find yourself thinking it’s necessary to deny us this Right or that someone must control and disarm the people, you have classified yourself… as either the tyrant or the slave.

You see if we are historically honest there is only one question necessary in the gun control discussion –

Do you trust that the people in power will never use the force of government to take your Life, Liberty, or Property?

If the answer to that question is NO.  The discussion is over and you now, finally know, why we stand before you today and every day, armed with virtue and resolution to declare

244 years ago we took a stand and said, NO MORE KINGS, and we’re not about to change our minds now.

libertytest

Liberty Test

 
 

libertytest

 
A Liberty Test
by KrisAnne Hall, JD
 
 
To what degree of Liberty do we live in today? 
A Liberty Test
 
1. If you have your own cow, can you legally milk your cow and sell it in your community without government permission, fee, or regulation?
 
2. If you bake bread, can you legally build a stand in your front yard and sell it in your community without government permission, fee, or regulation?
 
3. If you want to build a house, can you legally build it without government permission, fee, or regulation?
 
4. If you want to use your land, can you legally use your land however you choose without government permission, fee, or regulation?
 
5. If you have property that is rich in minerals, can you legally harvest those minerals without government permission, fee, or regulation?
 
6. If you want to sell your land, can you legally sell your land without government permission, fee, or regulation?
 
7. If you want to drive your car to a friends house, can you legally do that without government permission, fee, or regulation?
 
8. If you want to start a business, can you legally start a business without government permission, fee, or regulation?
 
9. If you want to have a child, can you legally have a child without government permission, fee, or regulation?
 
10. If you want to marry your spouse,will your marriage be legally recognized without government permission, fee, or regulation?
 
11. If you want to protect your family or your property, can you legally protect your family or your property without government permission, fee, or regulation?
 
12. Do you have real practical control over your government?
13. Do your elected politicians work for you and respond to your demands?
Score your test:
Score 5 points for every “No” answer:
1. more than 45 points: You live in a Kingdom.
2. 15-40 points: You are an indentured slave.
3. 5-15 Points: You are not a freeman.
4. 0 Points: Where do you live? I want to go there!
ANSWER KEY: 
““That is not a just government, nor is property secure under it, where arbitrary restrictions, exemptions, and monopolies deny to part of its citizens that free use of their faculties, and free choice of their occupations…” James Madison
“…for if our trade may be taxed, why not our lands? Why not the produce of our lands and everything we possess or make use of? This we apprehend annihilates our charter right to govern and tax ourselves…If taxes are laid upon us in any shape without our having a legal representation where they are laid, are we not reduced from the character of free subjects to the miserable state of tributary slaves?” Samuel Adams
“If, from the more wretched parts of the old world, we look at those which are in an advanced stage of improvement we still find the greedy hand of government thrusting itself into every corner and crevice of industry, and grasping the spoil of the multitude. Invention is continually exercised to furnish new pretences for revenue and taxation. It watches prosperity as its prey, and permits none to escape without a tribute…What at first was plunder, assumed the softer name of revenue…” Thomas Paine
“But if our Trade is to be curtailed in its most profitable Branches, & Burdens beyond all possible Bearing, laid upon that which is suffered to remain, we shall be so far from being able to take off the manufactures of Great Britain, that it will be scarce possible for us to earn our Bread…?” Samuel Adams
“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.” Declaration of Independence
Simple question: Do you want to be free?
 
#LibertyFirst
Art Christmas

Want To Know The Hope Of America’s Founders?

 

Art Christmas

Want To Know The Hope Of America’s Founders?

by KrisAnne Hall, JD

 

Listening to the news, watching the headlines has become a requirement for my current ministry. But I have come to realize that a daily diet of this is hazardous to my health. This never ending caustic supply of drama and crisis is not healthy for the body or the soul. IT makes me want to cry out, “Peace on Earth? Good will toward men? Where is it!”

There have been many in this battle for Liberty who have succumbed to the overwhelming negativity of the media invented reality, leaving behind the battle to search for the “normal life.” We must guard against this intrusion and obstruction to the defense of Liberty. I am convinced the ever-continuing crisis after crisis is purposed to dishearten the patriot and discourage the fight. So what is the solution? We must learn to find our hope and center ourselves on the true reality, not the one contrived by those receiving their marching orders from Alinsky, Cloward and Piven. We must know that just as we have inherited the Liberty we enjoy, we have also inherited the enemies of Liberty. We must pick up the mantle of those that came before us and learn from their courage and resolve. Will we be sunshine patriots or true victors of Liberty?

Our history is rich with men and women who have surrendered all so that many could have the greatest nation the world has ever known.  On December 23, 1776 Thomas Paine penned these words:

“THESE are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman.

Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.

What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated.”

December 25, 1776 George Washington led those who stood by Liberty across the Delaware in a logistically challenging and very dangerous operation that resulted in a victory over the Hessians.   It the midst of a battle not only for their lives but for the Liberty of generations to come, those who forged this new Constitutional Republic KNEW there was a cause worth fighting for and worth every sacrifice.  What could possible drive a people to stand in the midst of great dangers and admittedly  against insurmountable odds?  In 1765 John Adams wrote:

“Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.”

For over 700 years before the Declaration of Independence, men and women were learning the lessons that would be taught to our founders. Lessons that would infuse our founders with a courage and a hope that would build the greatest nation in the world. Patrick Henry said, “I have but one lamp by which my feet are guided, and that is the lamp of experience. I know no way to judge the future but by the past.” He was letting us know that his knowledge of those last 700 years, were the very reason he knew how this fight would turn out. He knew that every time men and women understood the value of Liberty and pledged all to protect it, they were always victorious. These guarantees of history must have raced through Henry’s head; 1100 Charter of Liberties, Magna Carta, 1628 Petition of Right, 1641 Grand Remonstrance, and his very own Bill of Rights of 1689. These were battles fought in the name of Liberty and he knew that victory was a guarantee. This is our history. This is our guarantee. This is our victory!

Did these brave men and women live without fear? Hardly so! Mercy Otis Warren articulated this dilemma so well.

“I have my fears. Yet, notwithstanding the complicated difficulties that rise before us, there is no receding; May nothing ever check that glorious spirit if freedom which inspires the patriot in the cabinet and the hero in the field, with courage to maintain their righteous cause, and to endeavor to transmit the claim to posterity, even if they must seal the rich conveyance to their children with their own blood.”

They knew that bravery was not the absence of fear, but doing what you must in the face of fear. They knew that the battle for Liberty, as Mercy called it, was a righteous cause. Knowing the source of her courage is the key to understanding her resolve. In a letter to her friend Mrs. Macauley, in 1774, lies the key to the source of her strength. She said they were “ready to sacrifice their devoted lives to preserve inviolate, and to convey to their children the inherent rights of men, conferred on all by the God of nature.”

You see, the battle for Liberty is a battle for the gifts of God. Thomas Jefferson said, “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that is justice cannot sleep forever.”

For Patrick Henry, courage not only came from knowing the history that “guided his feet” or fighting with the “vigilant, active, and the brave,” but also knowing they served a “just God who presides over the destinies of nations” and when standing for Liberty, a gift from God, they could not fail.

He declared,

“We are three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations; and who will raise up friends to fight our battles for us.”

The key to victory, the key to the courage that brings victory is not simply fighting the fight, but KNOWING we fight a righteous battle for the One who gave us that Liberty. Our founders were in a position to pledge their lives, the lives of their families, everything that they had because they were firmly rooted in ALL the assurances of Liberty. Our founders knew that Liberty is a gift from God, and those that stand for God’s gifts will be victorious through God’s promises. They firmly believed that living in tyranny was worse than dying for Liberty. They knew that through their faith in Christ, their rewards in standing for God’s gift would be certain, whether on the battle field or in Heaven.

As Thomas Paine so eloquently put it, “THESE are the times that try men’s souls.” But Paine’s full statement gives a richness that is lost with the initial quote alone. Payne gives US a wisdom to tell us who will last in this battle and WHY they will last.

“…yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing (sic) its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated.

If we wish to have the resolve that Mercy Otis-Warren spoke of, the confidence that Patrick Henry displayed, we must KNOW what Thomas Jefferson knew so we will not become the sunshine patriots Thomas Paine condemns. We must know Liberty is a gift from God, this Gift, although comes at a high price, is worth fighting for because God is with us. If God be with us, who can be against us?

This is not yet the darkest hour experienced by our nation by far. We still live in the greatest nation in the world. A nation built upon the principles of Liberty. The principles that cry all men are created equal and endowed by their creator with certain inalienable rights. A nation where all men have equal opportunity to life, liberty, and the pursuit of happiness. No other nation can make that claim. No other people have that birth right. But with that gift comes great responsibility to secure that Liberty for generations to come. We cannot lose hope. We cannot let Liberty slip. Because, it is not our hope, it is not our Liberty, it is the hope and Liberty of ages and millions yet unborn. We must reacquaint ourselves with the lamp of experience that gives us the courage to see a guaranteed victory. But we must also reacquaint ourselves with the Giver of that gift of Liberty and the provider of the hope of victory.

In one of the darkest moments of our history, a story is told of Henry Wadsworth Longfellow. Henry’s wife had been tragically and fatally burned in June of 1861. Henry, himself, was badly burned trying to put out the fire that consumed his beloved wife. He was so consumed by grief over the loss of his wife, at Christmas he wrote in his journal, “How inexpressibly sad are all holidays.” One year later, Henry wrote, “A merry Christmas’ say the children, but that is no more for me.” That following year, Henry learns that his oldest son was severely wounded in the Civil War after a bullet passed under his should blades damaging his spine. His journal was blank on Christmas on 1864. However, on Christmas day, 1865, Henry penned the words to “I Heard the Bells on Christmas Day”. During one of the darkest times our nation has ever known, Henry Wadsworth Longfellow found his hope;

“I heard the bells on Christmas Day

Their old familiar carols play,

And wild and sweet

The words repeat

Of peace on earth, good-will to men!

 

And thought how, as the day had come,

The belfries of all Christendom

Had rolled along

The unbroken song

Of peace on earth, good-will to men!

 

And in despair I bowed my head;

“There is no peace on earth,” I said;

“For hate is strong,

And mocks the song

Of peace on earth, good-will to men!”

 

Then pealed the bells more loud and deep:

“God is not dead; nor doth he sleep!

The Wrong shall fail,

The Right prevail,

With peace on earth, good-will to men!”

Henry awoke from his despair and realized that God is not dead and is still the Giver of peace and hope. He knew that God promises victory to those who trust in Christ and will stand for God’s gifts. He was able to express that hope in the phrase, 

“God is not dead; nor does he sleep! The Wrong shall fail; the Right prevail, With peace on earth, good-will to men!” 

That same promise belongs to us, the greatest nation this world has ever known. We simply must place our trust in the right place. My hope is not in Congress. My hope is not in any man or his government. In this holy season, let us not forget that through the shed blood of Christ, whether the victory is on the battle field or through the gates of Heaven, we are winners either way. 

This is the REAL HOPE; a hope that has changed the world

MERRY CHRISTMAS from KrisAnneHall.com

Art erase impeach

Correcting a Unconstitutional Impeachment

 

Art erase impeach

Correcting Unconstitutional Impeachment

by KrisAnne Hall, JD

 

Current events always bring about the most powerful teaching moments.  Today’s question can be generally formed as:

“What is the remedy when articles of impeachment are established that do not comply with the terms of the Constitution?” 

Those who ratified our Constitution knew that those in government would always be tempted, for reasons they would attempt to justify, to try to work outside the boundaries of the Constitution.  James Madison, “Father of the Constitution” and our fourth President even called our Constitution a “parchment barrier,” knowing that the document itself would have no force to keep the politically ambitious within the Constitution’s limited and defined boundaries.  It was always considered, and will always be the duty of the citizens to control those they place in government.

The Constitution lays out very specific terms for impeachment in Article 2 section 4 of the Constitution.  According to the Constitution impeachment can only be brought for four specific crimes: Bribery, Treason, High Crimes, or Misdemeanors.  Any article of impeachment that is outside those four crimes is completely unconstitutional.  So what can the people do, Constitutionally, when articles of impeachment are brought by the House outside those four authorized terms?

Understanding the constitutional solution to this political problem requires understanding that the structure of government created by the Constitution is not the structure of government we currently have operating outside the Constitution.  When those holding the trust of public office leave behind the standard of the Constitution, the people have a duty to correct their course.  When the power to impeach is exercised to satisfy political lusts rather than comply with Constitutional standards, what is the solution that exists within the established constitutional framework?

The first thing we must remind ourselves is, the people didn’t elect the president.  The office of the president was not created to be a representative of the people; the president was created to be an ambassador for the States in foreign affairs.  For that reason, the States elect the president through the electoral college.  This is not a bad thing.  As a matter of fact, the electoral college was established for specific reasons; first and foremost to protect the liberty and authority of the people.  (If this principle seems strange to you, please read what those who drafted the Constitution said about the Electoral College: http://bit.ly/ElectoralCollegeTruth)

With that first principle in mind, here is the solution to the question: what is the check and balance upon unconstitutional articles of impeachment:

  1. Because the president is a representative of the States, elected by the States, an improper impeachment is a disenfranchisement of the States.
  2. Since it is the States’ vote that is being overturned, the remedy exists in the States.  It is the obligation of every State Governor and Legislator to bring a lawsuit against the enforcement of the articles of impeachment and the members of Congress violating the specific terms of impeachment.
  3. Because the purpose of the Senate is to represent the States in federal government, it is also imperative that those Senators representing States who chose the President, absent proper ground for impeachment, must not only oppose the House articles of impeachment, they must vote against conviction. 

As a final note if truth, the Senators are representatives of their State as a whole, not the people of their State and not themselves.  So if the State selected the president and if true grounds for impeachment are absent, a Senator MUST oppose the impeachment regardless of personal opinions and the opinions of a portion of the people of the State.

The designers of our Constitution crafted that document to be simply written so that the average person in 1788 could read and understand how their government was required to operate.  The designed the solutions to be simply but necessarily applied by the people

“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” Federalist #33

However, because the American education system no longer teaches the essential principles driving the proper application of our Constitution, the remedies often evade our view and the people slip into overwhelming frustrations due to a perceived lack of options.  As Thomas Jefferson remarked in a letter to Charles Yancy in 1816:

“…if a nation expects to be ignorant & free, in a state of civilization, it expects what never was & never will be. The functionaries of every government have propensities to command at will the liberty & property of their constituents. there is no safe deposit for these but with the people themselves; nor can they be safe with them without information.”

Those who designed and ratified our Constitution gave us very powerful options, we simply need to apply those options to make the necessary course corrections.  Application must begin with proper education.  With this understanding, now we can demand our Governors and State Legislators exercise their duty in authority to be a necessary check and balance upon an unauthorized and unconstitutional behavior of those in the federal government.

Art House Impeah

The Constitutionally & Historically Established House Procedures For Articles of Impeachment

 

Art House Impeah

The Constitutionally & Historically Established House Procedures For Articles of Impeachment

By KrisAnne Hall, JD

 

The deceivers in Congress and MSM want you to believe that the Constitution is “vague” on House procedures for bringing articles of impeachment.  That is only because they WANT to evade the Constitution and have the authority to act arbitrarily to deny their obligations to the Constitution and due process.  Understanding how the House is supposed to proceed in the filing of impeachment is really not that complicated, the deceivers just want you to think it is.  So, as briefly and plainly as possible, here is how it is supposed to work….

If we work backwards it is the easiest way to logically understand the proper procedure for the House to file Articles of Impeachment. 

1.  We know from those who ratified the Constitution, our most relevant source, that the Senate is the “court” that will “try” the impeachment.  (Read Federalist 65 and http://bit.ly/FoundersImpeachment)

2.  We know from Article 2 section 4 of the Constitution (the Supreme Law of the Land) that impeachment is valid for the crimes of Treason, Bribery, High Crimes and Misdemeanors.

              A.  Article 1 section 3 clause 7 of the Constitution states that after impeachment the convicted can no longer hold public office AND can be tried in a criminal court for the SAME crime and held accountable under the law.

              B.  All four of the grounds for impeachment are actually CRIMES, subject to the terms criminal prosecution.  Alexander Hamilton discusses this in Federalist 65 when he explains why the Senate and not the Supreme Court is the proper body to try impeachments:

“Who would be willing to stake his life and his estate upon the verdict of a jury, acting under the auspices of Judges, who had predetermined his guilt?”

Hamilton says since the accused can be tried in a criminal court for the same crimes that brought about impeachment, it would be inappropriate for the Supreme Court to handle impeachment and also have the possibility of having the criminal case come before them as well.  With that being said, the Chief Justice of the Supreme Court will still preside over the impeachment trial to ensure the proper rules of due process are followed by the Senate. (See Federalist 65)

3.  In Federalist 65, Hamilton calls the Senate the COURT and speaks of the proceeding as a TRIAL and even indicates that the same process will be followed by the lower courts when trying the accused outside of impeachment.  Hamilton even explicitly states that the proper conduct for the Senate is to judge the accused by the “real demonstration of guilt or innocence,” once again using the legal vernacular appropriate of a true trial of justice.

4.  Since the accused (president, vice president, or any civil officer) will be having a legitimate trial in the Senate, with all due process considerations of a court of justice, it will only be fitting to describe the role of the House as the “prosecutor” who reviews the allegations and the evidence and has the responsibility of filing the charges against the accused.

A prosecutor (I know, I was one for nearly a decade) does not file every allegation that comes along.  A prosecutor does not even file a case against every person “believed” to be guilty of a crime.  The belief of guilt is irrelevant in the criminal justice system.  The only thing that matters in a true court of justice, is what can be proven “beyond a reasonable doubt” in the framework of the statutory crime, the evidence admissible, and the rules of due process.

5.  Since the Senate is the Trial phase and the House is the filing stage, the House procedure for filing impeachment will logically be the same as that of a prosecutor. 

A.  The House members must look at the allegations.  They must then look at that law and determine if the allegations fit the law.  The Constitution establishes the law and that impeachment can only be brought for Treason, Bribery, High Crimes, or Misdemeanors.  If the allegations do not fit into one of those four categories, then the House, just like any good prosecutor, must refuse to file impeachment.  If you are confused by the current assertion that the Constitution permits the House to bring impeachment for “political” reasons, please read this article to help you understand why that reasoning is false: http://bit.ly/FoundersImpeachment

B.  If the allegations fit into one of the four categories of impeachable crimes, then the House members must review the evidence and determine 1. if the evidence is admissible, 2.  if the admissible evidence satisfies the elements of the crime, and 3. if the relevant evidence is sufficient to prove guilt.  If the answer to any of these questions is “no” then the House must refuse to file impeachment.  If the answer to all these questions is “yes” then the House must file impeachment and put together the case for trial in the Senate.

That’s it.  That is the procedure for the House of Representatives for bringing articles of impeachment according to the intent of the founders and the Constitution.  Perhaps it seems very simple to me because this is the process I engaged in every day of my life for nearly a decade.  I was even blessed enough to train new prosecutors in this process.  The presence of due process in America is such a precious jewel and as not only a prosecutor, but one who trained future prosecutors, my philosophy was never “win at all costs” but to consider the lives of the people, both victims and accused, stay within the lanes of the law, and above of all preserve the Rights of the people involved so that the system doesn’t become a tool for vengeance and destruction. 

Our House members should hold the procedure of impeachment with the same reverence and respect.  The fact that every civil officer in our Constitutional Republic can only be impeached from office through the respect of law and due process is priceless and ought to be seen as invaluable.  It is truly one of the things that separates our Constitutional Republic from an arbitrary and lawless Banana Republic.

The thing I find interesting is that many of these House members are lawyers and many of the lawyers have trial court experience.  For these people to claim that they are “confused” as to this procedure seems very disingenuous and self-serving.  If American prosecutors handled cases the way the House Judiciary Committee is handling this impeachment, their cases would be thrown out of court, they would likely be looking at sanctions from the BAR Association, and could even face their own criminal trial for the crime of “vindictive prosecution.”  Perhaps one lesson our House members would do well to learn, the first lesson I taught all my prosecutors in training, we are “prosecutors” not “persecutors” and we must know the difference.  

It should be very important to every American that our House does not engage in vindictive prosecution and is diligent to the rights of due process.  What these people in high office are allowed to do to the president, or any other civil officer for that matter, will not only set a legal precedent but also a cultural one that will put the due process and fundamental rights of every American at peril.  I will close with the words of Hannah Winthrop, one of the founders of America: “How often do we see people blind to their own interests precipitately maddening on to their own destruction!”

Art Fed 65

Hamilton Silences Impeachment Fools

Art Fed 65

Hamilton Silences Impeachment Fools

By KrisAnne Hall, JD

America’s media stream has been saturated by politicians, pundits, and law professors pontificating on what America’s founders’ believed about presidential impeachment.  The most oft used argument today is a misapplication and misleading representation of what founder Alexander Hamilton said in Federalist #65.  The claim is that Alexander Hamilton establishes in Federalist #65 that presidents should be “impeached for political reasons.  This is completely and obviously false to anyone who has read the essay and possesses a smidgen of reading comprehension skills.  I believe the people asserting this fake claim are confident that the American people won’t actually read this essay and call them out for their deceptions.  My goal is to show how simple and plainly written this text is and how blatantly deceptive these people are in their lie-driven agenda. (You can read Fed 65 here http://bit.ly/Fed65)

The overall assertion of these prevaricators is that Hamilton uses Federalist #65 to explain to the people what the Constitution says about the grounds for impeachment of presidents.  The very title of this document declares this to be false.  The document is titled, “The Powers of the Senate Continued.”  As the Federalist Papers are compiled by a series of topics, Federalist #65 falls in the set of essays explaining the powers delegated to the Senate.  What is interesting, in the very first paragraph Hamilton explains that this essay is NOT about the president, but the Senate, and a presidential series would be forthcoming.

“As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department.”

The second paragraph of this essay is the fertile ground used to harvest the agenda-driven propaganda of this present hour.  It is in this paragraph that we glean our best understanding of what Hamilton believed to be the greatest complications to a valid impeachment.  What Hamilton does NOT do in this paragraph, or in any paragraph in this essay, is define the terms of impeachment nor the unlimited power of the House to impeach a president for whatever allegation the majority can motivate their moiling mob to support.  What is interesting is, that Hamilton actually defeats that claim in the very paragraph these fabulists violently plunder.

Hamilton begins paragraph two by explaining that history proves it will be very difficult to pull together a fit body for the trying of impeachment.  Once you read Hamilton’s argument, not only does his logic become very clear, but it also shows itself to be very familiar in the present day impeachment display.  The reason it will be difficult to pull together a fit body for impeachment, Hamilton explains, is because impeachment is a process that involves people who are solely contained in the realm of politics and politics are ruled by emotions and not reason.

“The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.”

These tricksters claim that because Hamilton used the word “political” he must have meant that political reasoning was sufficient for impeachment; i.e. if the majority in the House doesn’t like a president’s policies, mannerisms, or politics then impeachment is the solution.  However, Hamilton’s use of the term “political” is descriptive of the universe in which impeachment exists, not of the terms upon which impeachment may take place.  Because impeachment is applied to elected people who are tried for crimes that violate a position given by the entire society as opposed to a single person and the accused is tried by politicians it is properly classified as political.  It seems that politicians, pundits, and professors may be better at cherry picking than George Washington.

If that was all Hamilton said on the topic, a matter of interpretation could be claimed.  However, what Hamilton says after this statement makes all the difference in the world.

“The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused.”

Because politicians are the accused in impeachment and because they are tried by politicians, it will be difficult to put together an unbiased body to impeach, and because politics are products of division people and politicians will naturally take sides. 

Watch out, listen up, Hamilton is going to give us a bold warning of what will go wrong when impeachment is used for political punishments instead of strictly holding to the terms of impeachment outlined in Article 2 section 4.

“In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.

Because politicians are always the products of elections where one person wins and one person loses, there will always be one group of people unhappy with the other.  Hamilton considered it to be dangerous for impeachment to become a tool used to punish people for political reasons.  So when members of Congress, political pundits, or partisan professors claim that the Constitution supports using the institution for impeachment as a political punishment, they are not only wrong but aiding and abetting the “greatest danger” to the political system; they create impeachments not concerned with due process, not concerned with crimes, their elements, reliable evidence, or truth and qualified witnesses.  Under the propagandists presumed terms, guilt or innocence is not the standard as established by the founders, but the standard becomes whether you like an elected official or not.

It is here that I am reminded of a story in history where a man named Haman built gallows to hang his political enemy Mordechai.  To eliminate Mordechai as his competitor for the King’s affections, Haman attempted to sow a series of lies against Mordechai.  The King, upon discovering the truth, ordered Haman to be hung on his own gallows.  Article 2 section 4 of the Constitution is not written solely for the impeachment of presidents.  The text reads, “president, vice president, and all civil officers.”  That term “civil officers” includes every single person employed in federal government whether elected or hired by an elected person.  These political fornicators ought to be careful the standards they create, for what is good for the goose is good for the Haman.