A Heritage Worthy of Thanksgiving

 

by KrisAnne Hall

 

As we reflect on the past year in America, let us not forget that Liberty is a gift that was purchased for us with great sacrifice. Among the many things we have to be thankful for, we must be eternally grateful for the wisdom of men and women that understood that Liberty was a gift from God and that all God’s gifts are worth our every sacrifice.  John Adams, in a letter to Abigail in 1777 expressed this sacrifice.

Posterity ! you will never know how much it cost the present generation to preserve your freedom! I hope you will make a good use of it If you do not, I shall repent in Heaven that I ever took half the pains to preserve it.

We must honor this sacrifice by honoring their memory and continuing their efforts.  Too often I see the revisionism of our history in an effort to demean these men and women with the purpose of destroying our nation.  We do not properly respect their efforts by allowing these lies to be taught to our sons and daughters.  We must teach the truth.  We owe it to them.  We owe it to our children.

I am not trying to give the founders some divine status or even suppose them a level of perfection that they did not have. We must understand that our nation was not founded upon people, but upon principles. The people that gave us our exceptional American principles were flawed vessels just like you and me. However, the really amazing part of this history is that flawed men understood that the foundation of an enduring nation must be liberty moored in morality. Consider these words by Alexander Hamilton:

Equal pains have been taken to deprave the morals as to extinguish the religion of the country [France], if indeed morality in a community can be separated from religion…The pious and moral weep over these scenes as a sepulcher destined to entomb all they revere and esteem.

The politician who loves liberty sees them with regret as a gulf that may swallow up the liberty to which he is devoted. He knows that morality overthrown (and morality must fall with religion), the terrors of despotism can alone curb the impetuous passions of man, and confine him within the bounds of social duty. (emphasis original)
The Stand, No. III (April 7, 1798)

Our founders knew that Liberty is a combination of two equally important parts – it is FREEDOM under the constraints of MORAL LAW. Liberty cannot survive where there is pure freedom. Pure freedom gives man the right to do whatever is right in his own mind: cheat, lie, rob, murder. Pure freedom is lawlessness. At the same time, Liberty cannot survive with moral law alone. Moral law not mingled with freedom is theocracy. Theocracy in the hands of men is tyranny in the name of religion. Our founders attempted give us this balance and secure the blessings of liberty for us in our founding documents. When we abandon our founding documents and disregard our moral foundations, liberty is in peril.

Thomas Jefferson gave us this warning, “Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift from God?”

While Benjamin Franklin warned America’s founders directly:

“In the beginning of the Contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for Divine protection…. All of us who were engaged in the struggle must have observed frequent instances of Superintending Providence in our favor…have we now forgotten that powerful Friend? or do we imagine we no longer need His assistance?…. God Governs in the affairs of men And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid?”

Patrick Henry said “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.”

As an exceptional nation built upon exceptional principles, we cannot deny that we are built with a foundational understanding of an exceptional God. Thomas Jefferson reminds us that, “We are not in a world ungoverned by the laws and the power of a Superior Agent. Our efforts are in His hand, and directed by it; and He will give them their effect in His own time.”

Because of our historical understanding that our nation was built on the principles of freedom and morality, America has always been the haven of rest when tyrants oppress their own. She is the vineyard of innovation and opportunity. This is the nation that opens its arms to the tired, to the poor, to the oppressed, to the huddled masses yearning to breathe free. No other nation can claim this legacy, no other people has this birthright. This is the shining city upon a hill, and we cannot hide our light under a bush.

The focus of our education should not be on the flaws of the men who gave us this nation, but on the exceptional nation that they gave us. We have an exceptional nation where “all men are created equal and endowed by their Creator with certain inalienable rights.” A nation birthed by the principle that the power of the government is to be held BY the people and not where the government holds power OVER the people. A nation that believes the principle that says all are free to worship according to the dictates of their conscience, and all are equally free, “Jews, Turks, pagans, AND Christians.” A nation that has prospered based on the principle that ideas and hard work open the door to prosperity regardless of bloodline, skin color or social status. A nation that has remained free based on the principle that liberties remain secure by maintaining the right to defend self, property, and Liberty.

In the profound words of Daniel Webster, “Is our Constitution worth preserving? Guard it as you would guard the seat of your life, guard it not only against the open blows of violence, but also against that spirit of change…Miracles do not cluster. That which has happened but once in six thousand years, cannot be expected to happen often. Such a government, once destroyed, would have a void to be filled, perhaps for centuries, with evolution and tumult, riot and despotism.”~ An Anniversary Address by Daniel Webster July 4th 1806

So in this time of Thanksgiving, let us maintain a true focus on what is important. In this day it is so popular to denigrate America for every little flaw. Why not take back a bit of American Exceptionalism? Why not embrace what makes us different from every other nation on the globe? America is an exceptional place because we are built on exceptional principles. Principles of Liberty, freedom, morality, and equality as derived from our Creator.  And these principles are STILL WORTH FIGHTING FOR!

Happy Thanksgiving America! May God continue to bless this exceptional nation.

Are we tired of electing unqualified people to office?  Are we tired of electing people to office and having them forget WHO they work for?  Are we tired of the government not only ignoring the Constitution but destroying it with their ignorance, apathy, and malice?  Perhaps its time we start treating these people like EMPLOYEES so they will stop acting like royalty!

With this frustration and the need for solutions in mind, I have developed the following job application that must be completed BY ALL LEVELS OF GOVERNMENT; federal, State, County, City, School Board, and Sheriff.  If they refuse to complete the application we must withhold monetary support, endorsements, and refuse to elect them to office, no matter which party they claim loyalty.

~We have no right to complain if we refuse to take back control.~

A .pdf version of this application is available HERE     

         

We the People Elected Personnel Job Applicaton

THIS APPLICATION IS NOT AN EMPLOYMENT CONTRACT, but merely is intended to evaluate suitability for employment. It is the policy of We The People to provide equal employment opportunity to all qualified persons without discrimination on the basis of sex, race, color, religion, age, marital status, national origin, citizenship, disability, sexual orientation, veteran status, or any other status protected under state and federal law. It is also the policy of We The People to have the option of conducting pre-employment screening before a job offer is made. If a job offer is made, continued employment may be contingent upon proper defense of the Constitution, Rights, and Liberties of the People.  Knowledge and understanding of the US Constitution is essential for all positions at all levels.

PERSONAL INFORMATION

Name: Last: ___________________ First: _____________________ Middle: __________________________

Social Security #: _________________ Home Phone: ______________

Work Phone: ____________________

Please list below your current address and your two other most recent addresses:

Current/Street: ________________________City: __________State: ____ZIP: _______

Since (Mo/Yr): _____

Street: ________________________City: __________State: ____ZIP: ______From _____To ______

Street: ________________________City: __________State: ____ZIP: ______From _____To ______

EDUCATION

High School Attended: ________________________City/State: ________________Graduated? Yes No

_____________________________________________________________________________________Undergraduate College, Graduate School, Certification Class)

JOB QUALIFICATION:

Please answer all of the following questions. When necessary, note question number and use an extra sheet of paper to provide explanations.

1. Yes ____No ____ Are you a natural born citizen of the United States? If the answer is “Yes,” proceed to Question #3. Answering “NO” will preclude you from certain representative offices by law.
2. Yes ____No ____ Are you a legally naturalized citizen of the United States? Answering “NO” will preclude you from certain representative offices by law.
3. Yes ____No ____ Do you understand who your boss is? Who?­­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________
4. Yes ____No ____ Do you hold any loyalty, bond, or affection toward any foreign country or territory?
5. Yes ____No ____ Have you ever been discharged or asked to resign from a job?  If yes, please explain:

6. Yes ____No ____ Have you ever been convicted of or pled guilty to a felony or other crime?  If yes, please explain, (feel free to use additional sheets of paper as necessary):

Answering the following questions is required to complete this job application.  Failure to answer these questions will result in an incomplete application and will disqualify you as a candidate for the applied position.  YOU MUST answer all of the following questions. When necessary, note question number and use an extra sheets of paper to provide explanations.

1.  Yes ____No ____ Does the Federal government have the “right” or the “authority” to take away your individual rights? Explain your answer:

2.  Where do our individual rights come from?

3.  What is the role of government in the lives of “free citizens?”

4.  What will be your primary duty and obligation to the Constitutional and the people who hire you?

5.  What was the legal compact (contract) between the 13 Independent States that created the Federal Government?

6.  Yes ____No ____ Does the Supremacy Clause in Article VI of the US Constitution give the Federal Government and the Supreme Court the ultimate power to determine the Constitutionality of any law passed by Congress? Explain your answer:

7.  Yes ____No ____ Do the States have the authority to limit the federal government to its Constitutional boundaries? Explain your answer:

8.  Yes ____No ____ Would you support a federal law that defines the General Welfare Clause based on the “Original Intent of our Founders?” Explain your answer:

9.  Why does the Bill of Rights include the 9th and 10th Amendments? Explain each and why they are both part of the US Constitution.

10.  What does the “well-regulated militia” phrase mean in the Second Amendment?

11.  What does “shall not be infringed” mean?

12.  In your opinion, what are 2 current examples of the most egregious Federal overreach to Constitutional powers and what is your proposed remedy to each?

13.  What training have you had to properly understand the US Constitution? (Law School doesn’t qualify as training for employment purposes)

14.  Many believe the US Constitution is a living, breathing document. What is your view and why?

15.  Describe what guides your moral compass.

16.  Name three primary principles from the US Constitution that will guide you as our representative? Explain.

17.  What is your understanding of “State Sovereignty?”

18.  In your opinion what is the most important clause in the Declaration of Independence, Constitution and Bill of Rights?

19.  Yes ____No ____ Would you support the repeal of the 17th Amendment? Explain your answer:

20.  Have you read these primary source documents from our nation’s founding?

1100 Charter of Liberties____          Magna Carta ____              The Petition of Right of 1628____

The Grand Remonstrance____        Bill of Rights of 1689____   US Declaration of Independence _____

The US Constitution____         The Original Federalists Papers______   The Original Anti-Federalist Papers ______

21.  Yes ____No ____ Do you agree to have your answers published for public review?

APPLICANT’S CERTIFICATION AGREEMENT

1. I understand that I may submit a copy of my resume’ and that by submitting a resume’ I understand that it will be used only as supporting and additional background information. A resume is not an authorized substitute for a completed employment application.
2. I understand that if I should choose to complete only a portion of the required employment application that the information submitted may not be enough information from which to base any determination on, and, as a result, my application may not receive full consideration for employment.
3. I authorize the investigation of all statements contained in this application and release from all liability any persons or employers supplying such information, and I also release We The People from all liability that may result from making background investigations.
4. I certify that the facts and information set forth in this application are true and complete to the best of my knowledge. I understand that any falsification, misrepresentation, or omission of facts on this application (or on any required documents) will be cause for denial of employment or immediate termination of employment, regardless of when or how discovered.
5. I agree, if I am offered and accept a position, to conform to all existing and future workplace rules, regulations, policies and procedures of We The People and the Constitution of the United States.
6. I understand and agree that We the People reserves the right to change any wage, hours of work and working conditions, in its sole discretion, at any time, as deemed necessary.
7. I understand the employment relationship will be At Will, meaning that either party can end the employment relationship at any time, and for any reason, or no reason, through legal recall process, removal from office, or through proper elections.
8. I understand that any employment offer is contingent upon my providing proof of identity and eligibility to work within the United States, prior to consideration of this application.
9. I have read and reviewed the information contained in pages 1 through 3 of this employment application, and these 8 statements.

By signing this employment application I certify that I understand all of the information requested and that I have provided information that is truthful, complete and accurate.

__________________________________________ _____________________________

(Applicant Signature) (Today’s Date)

©2019 KrisAnneHall.com

When Censorship Is OK

by KrisAnne Hall, JD

 

This may not be popular, but it is true:  One of the largest factors in the loss of #Liberty is the lack of understanding of the word “public.”  The fact remains, just because I have a business where people can come in off the street & purchase my goods that does not make my business a public business.

The term “Public” as used by those who founded America was a term reserved strictly to places, products, and affairs conducted by government with the use tax dollars. Everything else is a “private” affair.

“…if once [the people] become inattentive to the public affairs, you & I, & Congress, & Assemblies, judges & governors shall all become wolves. it seems to be the law of our general nature, in spite of individual exceptions;”  Thomas Jefferson to Edward Carrington, 1787.

Americans have been taught to believe that just because I sell donuts in a store front to people I don’t know, I am engaging in a “public” affair.

Lets be clear: Public property is property purchased, maintained, and operated by the use of tax dollars. Private property is property purchased, maintained, and operated by the use of personal funds.

Now we are rapidly sliding down an extremely slippery slope where if you are doing something that is seen or heard by other people it is now a public affair.

Here is the problem with that error – Everything becomes publicly governed and NOTHING is privately owned. Your business is not your own. Your website is not your own. Your words, your life, your choices will soon belong to whomever has the most control and power over the public realm.

Now we have people claiming that just because privately owned social media platforms allows people to use their privately owned, personally funded platforms they are now somehow “public domain;” either because the people say so or the federal government says so.

• The federal government has no delegated authority to designate a private business as public forum. When the FCC or some Federal Act, like the Communications Decency Act, attempts to force private businesses under government control by defining them as public businesses, Americans ought to recognize that as completely unconstitutional and fundamentally tyrannical (can you say communist?).

A shopping mall is NOT a public forum, it is a privately owned business. If a website, which is a privately owned and paid for internet address can be designated by the federal government as a public domain, what is to stop them from designating your home, a privately owned physical address, as a public domain? The communists actually did this in Russia.

• People do not have free speech, press, or assembly rights on someone else’s private property. They have those rights on public property. See the definition of of public & private above.

If someone has entered into a contract or a lease agreement with a private company (such as a social media platform) the remedy is civil – between two private individuals. It is NOT a matter for government force.

Americans who claim to understand the principles of Liberty ought not cry out to government to force private property owners to surrender their private property rights to government enforcement of any message foreign and offensive to their own. Americans ought to see that as an unconstitutional taking of property rights.

Hannah Winthrop, one of our founding mothers, said this:

“How often do we see people blind to their own interests precipitately maddening on to their own destruction!” Hannah Winthrop to Mercy Otis Warren, 1773

When Americans who claim to be supporters and defenders of the Constitution conflate the terms public and private, demand freedom of speech “rights” on someone’s private property, and then demand government use the power of many to force submission of a private business owner to opinions, subjects, pictures, speech, etc that they do not believe, these Americans are truly maddening on to their own destruction. They must be unaware of an axiomatic truth:

The power of the sword you give government to force your beliefs is the same power of the sword government will eventually use to persecute your beliefs.

The purpose of a just government is to secure individual rights not to establish by force one person’s rights as superior to another.  This entire conversation is why I endeavor to always be, Liberty over Security, Principle over Party, and Truth over Personality.

 

    –A Note from KrisAnne: One of our missions at KrisAnneHall.com is to bring truth back into history.  History is our greatest teacher, our founders often referred to history and experience as being an invaluable oracle used to make a better tomorrow.  Consistent with that effort, our friend Kate Dalley has written a wonderful article on the History of the Underground Railroad & Harriet Tubman’s role in that era of history.  With Kate’s permission we are publishing it in our Guest Article series.

 

 

Truth In History – The Underground Railroad

by Kate Dalley

I’m not sure how to put this, so I’ll just hope people realize I’m not looking to disparage anyone but our American history is grossly inaccurate and I’d like to correct one  historic exaggeration that is affecting our nation right now in major headlines. Even if history bores you, please take two minutes and read this.

This is one of the reasons I do my daily radio show. Is to find the truth and hopefully get the truth out there.  Had they told the following story accurately,  I doubt this race war context would be a big headline.

When you think of the Underground Railroad (secret slave escape routes before the Civil War), what comes to mind?  Probably the name Harriet Tubman. They have made her into an icon and called her the “Moses of Her People”.  Most of us  think she founded the Underground Railroad and if you google it – it all but proclaims her to be the founder.  But, if you look a little deeper, they use odd language when describing her as the “actual” founder.  They don’t really say that- they just heavily insinuate it in every way possible. They say she’s the “face” of the railroad, or the “spirit” of the movement. 

And it’s  not true.

She wasn’t born until 1820 and didn’t escape until 1849 using the UR herself -when a white neighbor gave her the name of a location to run to and a white family gave her a ride in their wagon. At that time, already 100,000 slaves used the UR to escape! 100,000!

The Underground Railroad actually started right after our country’s founding- in 1787.  

Slaves couldn’t read or write and could hardly speak to other slaves living in other towns so coordinating the concept and on -the-ground locations would have been impossible for them to do under such oppression. So,  who came up with all the safe houses, the secret code name concept of the “railroad terminology”  like “stockholders” ( those who funded it) “conductors” (those who guided people from location to location “Station master” (Regional coordinator)and so on, back in 1787? Who built up this huge network all the way to Canada? Who put in all of the time, money and resources and kept it secret?  As soon as the ink was dry on the Constitution, there was a huge movement to stop a widely accepted horrible practice of slavery and who had a love for mankind strong enough to risk losing everything to help free the slaves? 

It was the white Quakers.

The man known to operate the first cell of the railroad, was a WHITE man named Issac Hopper- a Quaker in his late teens even, who risked everything to liberate over 1000 slaves himself and that number is modest. 

Also the  “President” of the UR  was Levi Coffer.  A WHITE Quaker who, along with his wife helped over 3300 slaves acquire freedom.  Thomas Garrett several decades later, also a Quaker helped over 2700 slaves.  They got entire Quaker congregations to hide people, pay money to help out and to create safe houses.  There were at least 8 wealthy white men noted in history who were behind it but there were thousands more who helped. They made sure to compartmentalize the big plan so that no one person knew the whereabouts of all the safe houses -so they couldn’t be coerced into giving info if in-prisoned.

Harriet Tubman didn’t use the railroad herself until it was in its final 15 years of existence – the UR had already been going for almost 65 years strong.

She made 13 runs on the railroad with small groups that included her own family members and is responsible for freeing about 70 people. 

Some of those 13 runs were only partly aiding those that were already in the process of escaping already. I’m not saying that isn’t wonderful or wasn’t brave- it was-but why she is called Moses and referred to in text as the founder or face of the movement? This is very inaccurate.

White Quakers, Native Americans, and Free Blacks worked together to free slaves.  Those entire Quaker congregations knew they were risking their lives and wealth to participate but did it anyway.

The reason Harriet Tubman was recognized for this was because a friend of hers wanted to raise money for her and wrote a book about her in the late 1800’s about her efforts- a very glowing account that exaggerated her efforts into claiming she had rescued thousands and thousands and William Still wrote about her because he joined the movement at the end as well and wrote about several people involved.

I’m glad they acknowledge the following in the African American Experience (source)-

“The exact year in which the system began is unknown, but it is believed the Quakers started it in 1787. By the time Mrs. Tubman made her escape in 1849, escape via the Underground Railroad had become a frequent practice and it involved a much larger network of people….

By 1857, she had helped free dozens of slaves (not the hundreds often touted in history books; Tubman believed the figure was closer to 70), including her own parents and other family members”. Source-AAE

Books claimed that she sheltered people on her property as a philanthropist- but she actually ran a boarding business and charged people.   They said she was a political activist in the women’s vote but if you look deeper, they said she “felt strongly about women voting and “LIKELY worked among those LIKE Susan B Anthony”- they don’t exactly say she did.  There aren’t any actual accounts of this. They said she worked as a spy for the military and risked her life in battle as the first  black woman to do so. Well, truth be told she found a couple of scouts for them to bring them into battle  because she didn’t know the areas and wasn’t on the front lines. 

I mean it’s great – she helped out, but they have grossly exaggerated her biography. She has since had museums, bridges, a naval ship, a postage stamp, streets, parks, statues- all named after her, movies made about her starring Cicely Tyson  and also almost landed on our 20 dollar bill.  And does anyone remember hearing about Issac  Hopper in history class as the founder and inventor of the UR? I’m guessing not so much.

A writer in 1940 tried to write the truth – Earl Connor – and received threats and condemnation for wanting to write the truth.  ( This makes sense knowing that our public  education system was hijacked by the Carnegie Foundation to change our American history in the early 1900’s- as found right  in their meeting’s written notes from 1908 and exposed in Congress hearings later on.  Their main directive was to “re-educate” teachers with watered down and completely altered American history. By 1920, our nation was touting Tubman as the name associated with the UR- source Norman Dodd sent to investigate Carnegie Foundation by Congress).

They wanted a black woman to be the face of the Underground Railroad and that was that- regardless of true history.  Apparently they also wanted to make it appear as though all white people were racist and loved slavery.

Can you imagine what our conversations would be like right now in America if we were constantly sharing this info about all of the White people that wanted to free those in slavery, risked it all and THEY made it happen- all along?

To make sure the UR was successful, many different religions, Methodists, Presbyterians and all kinds of clergy risked their lives. It took so many people from all over that cared about ensuring freedom and changing the (sadly) widely accepted practice of slavery.  There were white  slaves, Irish slaves and yes, black owners of black slaves.

By the way, this is also NEVER talked about,  but starting in  the 1600’s  black  AND white  slaves were brought over together by ship and “indentured or “Durante  vite”-meaning- in order to “pay for their voyage” – they had to be a slave for 4-7 years to pay for the voyage they didn’t want to take and work it off as a slave.  They were also called “redemtioners”- they were the poorest amongst us and sold poor orphans too.

At the end of their pay back period they got 3 bushels of corn and some clothes when set free. Horrifying? Yes. But our history. 

You can find all of this online. It is written about.  But with today’s headlines and political posturing – you’d never guess that anyone ever read about this.

Ironically and shockingly, the  first slave to be given “for life” instead of 4-7 years, was to a BLACK SLAVE  OWNER in 1640’s – Anthony Johnson – who had black  and white  slaves by the way- and argued to the court that John Casor of the Virginia’s  Colony , a black slave that he purchased, was to be for life and the court/Judge sided with Johnson that he would be his slave for life.   A BLACK slave owner and his black Slave.  “Johnson, insisting he knew nothing of an indenture, fought hard to retain what he regarded as his personal property, stating, “hee had ye Negro for his life.” On March 5, 1655 the presiding judge, Captain Samuel Goldsmith, ruled that “the said Jno Caster Negro shall forthwith bee returned to the service of his master Anthony Johnson.”

Johnson was one of the original “20” black slaves brought over from Africa and ironically, paid off his own indentured servitude and the bought slaves for himself- among them John Casor. – (source- Smithsonian Magazine Horrible Fate of John Casor).

Our media never mentions this though.

Harriet Tubman was a brave black woman who endured a lot in a very difficult time. No doubt.  But she was hardly the face of or founder or “Moses” of her people.  Many others sacrificed so much more, for so many decades and in a time when this practice had become so accepted, they also were brave in dedicating their lives and prosperity for the love of their “neighbor”.  George Washington also was the first to say he would give up his own slaves and help this cause as he felt slavery was wrong.

I just want us to give history it’s due.   Right from the start of America, we sought to correct accepted wrongs and America was the only land that espoused the religious and economic freedom for anyone to come and make a better life.  Not every white person was a racist slave owner nor was every black person was a slave, either. We didn’t just passively let slavery happen for a 80 years- as soon as we declared our Independence – whites, blacks and Native Americans sought to end slavery.  We are not a racist nation now and were not then.  Only a select  group – not our entire nation- were considered truly racist (full of hatred toward other human beings for skin color only) and saw others as non-human.  To most it was horrible yes, but just economical to them. White Irish slaves (over 300K) were indentured slaves as well.  They never talk about this.

The truth matters and our history book lies and misinformation have  shaped our thinking of this country and it’s so unfortunate.  

Had this been taught all along- how different would the last 100 years have been for us?  How different would our headlines be right now and how different would our perceptions be for people of all color. How would this have impacted what became the Civil Rights Movement in the South?

We need to start educating people about the truth. It matters. The truth matters.

-Kate Dalley

Kate Dalley is a cutting-edge nationally recognized radio host! She is nationally syndicated  in multiple markets -live -including Chicago and on Red State Talk Radio in drive time ( the world’s largest political online 24 hour station with 1 million listeners) along with other online outlets as well. Listeners  from around the globe listen and stream her daily 3-hour political talk show (First hour Utah topics, followed by the 2 hour nationally syndicated show).  http://katedalleyradio.com/

HR 838 TAPS Act – Constitutional Review

by KrisAnne Hall, JD

The text of the TAPS Act is not the solution to gun violence many members of Congress are professing it to be.  The unlimited and arbitrary authority this Act bestows upon a bureaucracy of 24 people, combined with the language of double-speak and contradictions creating loopholes allowing completely unsupervised and unchecked authority is reminiscent of the Sedition Act of 1798.

SUMMARY:

1. The TAPS act will create a brand new bureaucracy under the authority of the Department of Homeland Security. A non-elected bureaucrat is authorized by Congress to appoint 23 other non-elected bureaucrats to invent the authority for federal and State government agents to “identify individuals who are exhibiting patterns of concerning behavior” and then to “manage” those Americans.
2. The sole purpose of this bureaucracy of 24 will be to create State and federal policing bodies ruling over the perceived behavior of the American people- KGB-style agencies not only monitoring the behavior of Americans, but also functioning as judge, jury, and executioner.

The Task Force:

This Act mandates the Secretary of Homeland Security to establish a Joint Behavioral Threat Assessment and Management Task Force: a 24 member bureaucracy consisting of one government employee (level GS-15 or above) and 23 people from non-governmental organizations of the Secretary’s choosing.  Not a single member of this 24 person bureaucracy will be elected by the people, therefore the people will retain no control whatsoever over the actions or activity of this newly created bureaucracy that will possess, by Congressional consent, an enormous amount of arbitrary and unchecked power over the people (see §4(a)). 

Purpose of the Task Force:

The sole purpose of this task force is “identifying individuals who are exhibiting patterns of concerning behavior” and create a power to control those people on a federal and local level (§3(2)) This Act contains no clear definition of “concerning behavior.”  As a matter of fact, the Act relies upon the Task Force (24 non-elected bureaucrats) to first DEFINE “concerning behavior” and then empower the “monitors” tasked with “identifying individuals” that exhibit that behavior.  According to (§3(2)(a)) no actual criminal act must take place to invoke the power this bureaucracy will create.  A federal or local agent must only believe an individual is “interested” in committing their definition of “concerning behavior” to summon this new and undefined power to action.  The DHS will then be “empowered” to implement these arbitrary rules with no acknowledgement to any of rights of the people.  To take the legal-eeze off it, this is intended to create a registry of people who may commit crimes at some unspecified and unknown time in the future. This registry will then be used to begin a step-by-step usurpation of their individual rights, from the assumption of innocence and due process to the 1st and 2nd Amendments and more.

Power from the Task Force:

Once an federal or State agent has identified an American believed to be interested in some kind of concerning behavior, §3(2)(b) authorizes the Bureaucracy to empower these agents to investigate and gather information from multiple sources (sources remain undefined in this Act) on this individual American to find “articulable facts” supporting whether this person is truly exhibiting an “interest” in committing “concerning behavior.”  The 4^th Amendment requires government to obtain a warrant based upon probable cause (not articulable facts), supported by oath or affirmation, particularly describing the places to be searched and the persons or things to be seized.  Under the 4^th Amendment it is impossible for this Task Force to empower any government agent to do what Congress has authorized it to do.  But the Act makes no mention of the 4^th Amendment or the government’s requirement to respect & secure the Rights of the people. 

According to §3(2)(c) of this Act, after the agent has compiled its “articulable facts” by circumventing the 4^th Amendment’s requirements on government, the Bureaucracy will empower the government agent to “manage” the threat of “concerning behavior.”  There is no definition within the Act for the word “manage.”  However, the “Powers of the Task Force” are defined in §4(f) as follows:

“Any member of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take by this section.”

While there are no guidelines created by Congress on how this Bureaucracy is supposed to define “manage”  or “identify” the behavior of Americans, §2 of the Act establishes that the Task Force will create its own “ guidelines and best practices” in order to devise a “national standard” of action.  Therefore, it seems indisputable through §2 and  §4(f) that any member of the Task force can create any power for the agents to take any action it chooses as long the Task Force will establish the guidelines and practices for such action.  The only limit of on the power of the government agent or agency as a whole, rests solely upon the whim of the individual bureaucrat and the bureaucracy to limit itself.

When a bureaucracy’s entire existence (funding & job security) relies upon the identification and subsequent management of Americans with “concerning behavior,” it is hard to imagine the bureaucrats will not find what they seek.  The simple exercise of this newly invented authority will create a chilling effect on freedoms of speech, press, assembly, and redress.  Many Americans will choose to remain silent to avoid any potential exercise of this power over their lives.  Our Bill of Rights was ratified to prevent precisely this kind of totalitarian power over the people.  When Americans withhold their voice out of fear of reprisal, in First Amendment law, we call this the “chilling effect” of the unconstitutional exercise of unauthorized government power.

Congressional Oversight:

Congress retains no real authority to check, balance, limit, modify, or control the exercise of power created by this bureaucracy, whatsoever.  The only requirement for this new bureaucracy is to create the new behavioral police in America and after one year the Secretary (the GS-15 government employee) will submit a report to Congress telling Congress what they have been doing for the past year.  The Act then requires DHS to report to Congress once a year every subsequent year on how the guidelines are working, not as a check and balance.

A deceived member of Congress may attempt to assert that the only authority of the Bureaucracy is to make “suggestions to Congress” as to what the proper course of action should be.  However, that assertion can be seen as pure error by reading §3(2)(c) of this Act.

A deceived member of Congress may believe that this federal bureaucracy will have no power over the State and local police powers.  However §8 of this Act establishes that federal grant money will be given to local jurisdictions which will undeniably establish the power for this Bureaucracy to control our local and State authorities once they accept that money. (Surely the American people recognize this slight of hand by now!)

A deceived Supreme Court, upon legal challenge, will likely fail to recognize this Act to be vague and full of self-defining authority for a non-elected bureaucracy.  SCOTUS has long held great deference to federal agencies and their agents to define their own authority and procedures when Congress leaves holes in the laws.

Constitutional Authority:

The Constitution delegates no authority to Congress to fund, recommend, or create a behavioral police for the people.  The writing of this Act and the Act’s website proves that every co-sponsor of this Bill knows this as fact!  First, the Act makes no mention of due process, the rights of the people, nor any reliance upon or limit established by the Constitution of the United States.  Secondly, if you go to the Bill’s website and click on the hyperlink **“Constitutional Authority Statement” the link takes you back to a copy of the Bill text, with no statement of authority whatsoever. Underpinning this act is NOT the Constitution but fear of guns on the left and fear of terrorists on the right.

Conclusion:

So, with the passage of this Act, Congress will create a Bureaucracy who will be empowered to create its own guidelines and procedures on how it will operate to define, identify, and enforce government control upon its self-defined “concerning behavior” of individuals in America: Complete autonomous, arbitrary, self-defined authority resting in the hands of bureaucrats elected by no one, controlled by no one.  This Act, on its face, violates the 4^th, 5^th, 6^th, and 8^th Amendments.  But as in every arbitrary law, the whole truth of its offense to the rights of the people cannot be fully known until the law is put into action.  If this Act is used as some members of Congress profess, it is highly likely that execution of this Act will violate large swaths of the Constitution — including 1^st, 2^nd, 4^th, 5^th, 6^th, 7^th, 8^th, 9^th, and 10^th Amendments.  Constitution and rights of the people be damned, the bureaucrats will have their power under the illusion of keeping people safe.

Members of Congress are championing this Bill as the be all, end all solution to gun violence in America, yet the Bill does not even once mention the words “gun” or “ammunition.”  It should be clear now that the TAPS Act is not about gun control at all, it is about People Control. It will target any American who voices, types, or indicates a thought toward questioning government policy, people, or power. (See the FBI Memo defining and identifying the “new” standard for domestic terrorist.)

How any politician who professes a knowledge of the Constitution or professes a love for America, her people, and their rights could EVER back this insidious piece of legislation is completely beyond my comprehension.  And as Patrick Henry said in 1788, Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel.  It’s time for the American people to hold these pretend patriots suspect and tell them to change their vote or change their vocation.

If any person, including members of Congress would like to discuss this with me, my door is open.  My website: KrisAnneHall.com

**NOTE: Since the publication of this article, the Act website has been updated to include a reference to the “commerce clause” as authority for this Act.  If you want to understand why this is not a valid use of authority for this Act, please attend this course at LibertyFirstSociety.com:

General Welfare & Commerce Clauses: https://www.krisannehall.com/index.php/preview-courses/254-general-welfare-and-commerce-clauses