Innocent Until Proven Guilty

JC sits in for KrisAnne for the 3rd and last day. One of the basic premises of our judicial system is that all defendants are innocent until proven guilty. Defendants in a court of law don’t have to prove anything. The burden of proof totally relies on the shoulders of the prosecution, yet it would seem that many people have forgotten this basic concept and high profile trials such as the George Zimmerman trial make it painfully clear how widely ignorant many people are about this.

Who Has Legislative Powers?

JC stands in for KrisAnne today and begins the day talking about Obama Care and how it had been announced today that certain aspects of the law were not going to be implemented. However, the Congress is not pleased but what’s funny is how house member Phil Roe from Tn. (a republican by the way) complained about how the Obama administration shouldn’t be allowed to bypass the law on a whim! Presidents don’t have the authority to pick and choose what laws they choose to follow and no has called for the Congressional research service to conduct an investigation. Should we hold our breath? Not advisable. Maybe we should just send him a pocket version of the Constitution.

3rd Amendment

KrisAnnes husband JC sits in for KrisAnne in todays show and covers the news which includes a story from Henderson, NV about how the police forcefully setup surveillance in someones  home so that they could conduct an investigation on someone else! Incredible! The homeowner refused but was forced to comply and then when he attempted to leave was arrested and put in jail. What’s next? Makes you wonder doesn’t it?

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Impeach Eric Holder~Open Letter To Congress

Several members of the House of Representatives are moving forward with efforts to impeach Attorney General Eric Holder. We MUST help them in this effort.

As Reported by the Huffington Post, Congressman Ted Yoho met with his constituents in Florida:

“It’s to get him out of office — impeachment,” said Yoho, who was a large-animal veterinarian before winning election last year. “It will probably be when we get back in [Washington]. It will be before the end of the year. This will go to the speaker and the speaker will decide if it comes up or not.”

Yoho’s chief of staff, Cat Cammack, said the congressman wants Holder fired for issues that include the Fast and Furious sting operation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives that left federal agents’ weapons in the hands of Mexican drug cartels. One of the guns was found at the 2010 scene of a Border Patrol agent’s killing.

Read the Remainder of the article here: http://huff.to/1iOiom2

If we want the Constitution to be defended, if we want justice to be served, we MUST help these Representatives through grass roots pressure.

In an effort to help us help Mr. Yoho and those standing with him, I have crafted this Open Letter. We can only do this if EVERYONE will pitch in. We MUST make this happen. If we do not there will be consequences.

These consequences are outline in the letter. Please read the letter and then share it many times over with your representative and others in the House. We CAN do this. We CAN enforce the Constitution. But we MUST take action. We CANNOT sit idly by.

Congressman,

Article 1, section 2, clause 5 makes it clear that impeachment rests in the House of Representatives. It is a clear obligation placed upon the house to maintain not only the integrity of the government, the separation of powers, but also the confidence of the people in their government.

George Mason remarked: “No point is of more importance than that the right of impeachment should be continued. Shall any man be above Justice?”

Your responsibility to the people of this country is great. That is why we are asking you to support your fellow Representatives in their efforts to impeach Attorney General Eric Holder for his conduct in Operation Fast & Furious, along with any other activity that support such efforts.

Article 2, section 4 of the Constitution leaves no choice for the House in this matter. This clause makes it clear that AG Eric Holder must be impeached.

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

 

As you know, as a result of the Fast & Furious hearings, AG Eric Holder was found in contempt by this body. Pursuant to Article 2 section 4, that finding requires the House to impeach Eric Holder, e.g. Eric Holder is a civil officer, contempt is a misdemeanor, and this clause requires impeachment, (“shall be impeached).

We are not concerned at this moment whether the Senate will convict Eric Holder. We do not ask you to speculate on the actions of the Senate, we only ask you to do the job we hired you to do; follow the Constitution.

There will be consequences for your failure to do so. James Iredell identified those consequences during the North Carolina Ratifying Convention:

“A man in public office who knows that there is no tribunal to punish him, may be ready to deviate from his duty; but if he knows there is a tribunal for that purpose, although he may be a man of no principle, the very terror of punishment will perhaps deter him.”

Failure to impeach will send a clear message to AG Eric Holder and other civil officers that they are above the law and have no limits upon their desires no matter how malignant or pernicious. Edmund J. Randolph warned during the Constitutional Convention that “should no regular punishment be provided [speaking of impeachment], it will be irregularly inflicted by tumults & insurrections.”

Stand in honor of your Oath. Stand in honor of this Republic. Stand in honor of your duty to “preserve the Blessings of Liberty to ourselves and our Posterity.”   Stand with your fellow Representatives in this effort to right this injustice to the Constitution and to the People.

Just as the Constitution requires this action, we demand this of you.

Sincerely,

Declaration of Independence

The Declaration of Independence is the last of documents in the genealogy of our independence. The first being the 1100 Charter of Liberty, the 2nd being the Magna Carto of 1215, the Petition of Rights of 1628, the Grand Remonstrance of 1641 and the English Bill of Rights of 1689. All of these led to the 6th document in the roots of liberty, the Declaration of Independence and this is the topic of this Podcast. You do not want to miss this episode.

Roots of Liberty Part 3

Moving on in your independence and Roots of Liberty series we find ourselves in 1612  and the free spending King Charles who liked to to romp around Europe soaking up mirth and merriment at his leisure, incurring debt and paying that debt with the peoples money. Parliament finally got fed up and told the King they were going to refuse to implement new taxes so the King being King imposed the taxes anyway, but called it a “Forced Loan.” Not much different from what we have today when Obama uses the power of Executive Order to go around Congress. But 7 Knights from the Kings court decided not to comply because they knew it was taxation without representation and not lawful.

Roots of Liberty Part 2

This is part 2 in the Roots of Liberty series.  The 1100 Charter of Liberty Henry made a promise that Kings will no longer be evil and oppressive and vowed to end all oppressive practices. He mentions the inheritance tax as evil and oppressive. He also equates that men who make the laws consider themselves above the law that it too is evil and oppressive. So ironically we have a king in 1100 that had a better understanding of liberty than Congress or most of our politicians and if you trade liberty for security then you are saying that it’s ok for the NSA to violate the law. This was yesterdays Podcast and today moving on from King Henry I to John (one of the most evil and oppressive Kings) the people still had King Henry I promise, however in spite of the promise the people still had a problem.

Roots of Liberty Part 1

Reconnect with your sense of independence. If you don’t reconnect with your independence and help others do the same than you just might find yourself being randomly searched as you walk down the street as recently happened in Chicago. Or you might find yourself spending a night in jail like a university of Virginia student did. She went to the grocery store to buy some items for a sorority event and as she was leaving, unidentified men jumped on her car brandishing guns, breaking windows and in her terror she called 911. She pulled out of the parking lot and then stopped when police showed up. She thought she was being helped but she was  not being attacked by thugs, she was being attacked by ATF agents in plain clothes with no identifying marks of any kind. We must reconnect with our independence. and if we don’t reconnect on a fundamental level than we’ll never be grounded enough to restore a 1776 level of independence and you could be the next person put in jail for going to the grocery store. Independence was not designed or born in 1776. It was actually given birth in 1100. So listen in and reconnect.

NullificationPart 1

After perceiving a long train of usurpations of power by the federal government, which culminated in legislation known as Obamacare many Americans took to the streets in protest. They appealed to the Legislature to no avail. The legislation ultimately made its way to the Supreme Court. We then witnessed a colossal rewriting of our founding documents in the majority opinion to the Obamacare mandate. Justice John Roberts in a few lines pulled down the pillars of the Republic and set us on the path to totalitarianism. Nearly half of the population rightfully regards this legislation as extending far beyond the enumerated powers of the federal government. The truth is, not only should the States be able to deal with their own health insurance issues, but the federal government has no legitimate authority to rule by such dictates. Yet, many who vowed to fight it “to the end” have now acquiesced and declared that it must be submitted to as “the law of the land.” So is this the end? Since SCOTUS made its declaration from on high, must we now bow to an all-powerful government, from which no area of our daily life is off-limits? Or is there a remedy yet remaining? Can the States legitimately resist federal law or is this “treasonous” as some have suggested?

To answer these questions we must first understand the nature of the Republic we call the United States. These States are “United” in a compact, the Constitution. This compact, or contract, made among the States not only created the federal government but also dictated the limited and specific powers delegated to the federal government by the parties of this contract. Secondly, since the States are the parties to the compact and the creators of the central government, then the States, naturally, are the masters of their creation. That is to say, they are sovereign – independent of, separate from and sovereign over the federal government. All of the powers not delegated to the federal government remain with the States and the people. The 10th Amendment makes that very clear.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 10th Amendment to the US Constitution

It is upon this foundation that the States have the ultimate right to stand against ANY unconstitutional law created or enforced by the federal government. The 10th Amendment declares that the federal government is to only operate within their delegated powers. James Madison explains those delegated powers in Federalist Paper #45:

 “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce…” Federalist Paper #45

Madison then goes on to explain “the powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” Federalist Paper #45

Therefore, the 10th Amendment in conjunction with Madison’s explanation makes it clear that the States’ powers are numerous, the federal powers are few, and the federal government has no business interjecting itself into the powers reserved to the States. To claim the 10th amendment says anything else would make the Constitution a complete absurdity.

Since there are no areas of power that are simply floating out in the neutral zone waiting for someone to use them, if the federal government uses a power that was not Constitutionally delegated, it must steal it from the States. When the federal government does this, it removes power from the States, rights from the people, and makes the Constitution completely meaningless. Such overreach sets the precedent that no power is reserved to the States and that all power is open for federal taking. This effectively nullifies the 9th and 10th Amendments, and destroys the Constitutional barriers established to contain a limited and defined federal government. What will then be the federal government’s limitations? Nothing but its own will.

“That they will view this as seizing the rights of the States, and consolidating them in the hands of the general government, with a power assumed to bind the States, not merely in cases made federal, but in all cases whatsoever…that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority…” Thomas Jefferson, Kentucky Resolutions of 1798

This is, in essence, what Justice Roberts declared in his opinion on Obamacare, overturning the very purpose of the Constitution itself – to enumerate the powers of a limited central government and bind it under the authority of the States. What happens when the barriers of the Constitution are completely swept away? The federal government will now have the ability to exercise any power over the States whatsoever. The people will be rendered completely powerless and irrelevant. What will be the purpose of elections then? We will no longer be a republic, but a government ruled as a Kingdom.

 “…for the federal government toenlarge its powers by forced construction of the constitutional charter which defines them…so as to destroy the meaning and effect of the particular enumeration which necessarily explains and limits the general phrases…the obvious tendency and inevitable result…would be, to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.” James Madison, Virginia Resolutions 1798

So, when the Legislative, Executive and Judicial branches of the federal government have collectively torn through the boundaries set by the Constitution, and the people have no recourse in the federal system, what is the remedy? What is the proper course when the federal government has gone rogue? The drafter of the Declaration of Independence, Thomas Jefferson and The Father of the Constitution, James Madison speak very clearly on the position of the States as the sovereign defenders of the foundations of our Republic. It is the founders of the Republic who must give us our remedy…

READ PART II HERE

Show Brandon

Immigration: Enforcement Not Reform!

Immigration reform seems to be one of the go-to plays for politicians seeking votes these days. Everyone trots out some plan to integrate illegal immigrants into the tax system in a program that would eventually lead to the possibility of citizenship.  It is hard to see how this is any kind of solution to real problems. Think about this logically…currently illegal immigrants are working in the United States…they are getting paid in cash…they are getting free schooling, sometimes even to the college level…they are getting free medical care…they are getting food stamps, all WITHOUT paying any taxes.  WHY would they volunteer for a program that will force them to pay taxes for a benefit that they already receive?  WHAT is the actual incentive of citizenship?  I know the government has a warped sense of reality, but they can’t actually believe being forced to pay taxes is a BENEFIT!  The catchphrase today is “get them to come out of the shadows.”  What shadows?  They are breaking numerous laws IN BROAD DAYLIGHT! Not only that, sweeping immigration reform is not simply about the US Hispanic Chamber of Commerce…it is about ALL illegal immigrants, from all over the globe, to include potential terrorists!

The fact is, we don’t simply need immigration REFORM; we need immigration ENFORCEMENT!    I thought the President wanted us to be more “like Spain, Italy, and Greece”?  What other nation gives a free pass to illegal immigration?  Try to sneak into any other country in the world and live there while breaking the law and see what they do to you…deportation will be a blessing.  Why is it only in America that we solve a criminal problem by making the laws conform to the criminals?  If this is the solution to criminal activity, since we can’t possibly stop people from stealing, why don’t we eliminate the laws that criminalize theft?  The government’s solution to gun crimes was MORE LAWS, why is the solution to illegal immigration ignoring the law?  Oh, that’s right, the Supreme Court declared that there is nothing illegal about being in this country illegally.  Of course, you have to go to law school to get that stupid!

George Washington said in his Farewell Address, “Against the insidious wiles of foreign influence…the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government.”

Lack of immigration enforcement is the real problem.  It is lack of immigration enforcement that allowed Faisal Shahzad (Times Square Bomber) to attempt to blow up Times Square.  Shahzad was a naturalized citizen, but it is his questionable naturalization process that should sound the real alarm about immigration reform.   Shahzad was born in Pakistan. In December 1998 he was granted an F-1 student visa, a visa requiring sponsorship by and attendance in a college.In 1999 he was placed on a terrorist WATCH LIST. Between 1999 and 2008 Shahzad engaged in documented terrorist activity with known terrorists.  (See CBS News Investigates, May 5, 2010)  On May 1, 2010, after gaining full citizenship, Shahzad tried to blow up Times Square.  That means that neither the Bush administration, nor the Obama administration (if you can call them two different administrations) enforced immigration laws. As a result of the Shahzad incident, Eric Holder held an interview with ABC in which his suggestion was to alter our Bill of rights and give the government more flexibility in controlling our Constitutionally protected rights!

How did a man with known and continued operations with terrorists get full citizenship?  The answer is, improper immigration enforcement, not lack of visas.  In April of 2011, the Government Accountability Office issued the results of an audit conducted on our nation’s visa offices.  They found the greatest discrepancy in the evaluation process of our visa offices was in determining “WHAT LEVEL” of terrorist activity should deny someone a visa!  What in the world would convince a government that it is reasonable to give KNOWN TERRORISTS visas?

Fast forward to the present day.  In January of 2013, the Department of Homeland Security, executed a program called The Global Entry Program that expedites the visa applications of Saudi Arabians.  In this expedited process, the Saudi government helps approve the US Visa’s for its own citizens.  The Saudi applicants then get preferential treatment in obtaining visas and they do not even have to submit to customs inspections when they enter the country!  Did we forget that 15 of the terrorists that blew up the Twin Towers were from Saudi Arabia?  Did we forget that Saudi Arabia has the highest jihad recidivism rate of any nation regarding those released from Guantanamo?  I’m sure we didn’t forget any of this.  But I am sure that because of the corruption of our government they simply don’t care.  It’s all about the government’s agenda (read: OIL) and not the safety of the people.

Our government has become so corrupted by foreign influence that it is no longer concerned with the welfare of its own citizens.  The only thing this government is concerned with is maintaining relations with powerful nations and destroying to the Constitution to maintain its own power.

We are granting visas to known terrorists and at the same time demanding immigration REFORM to allow these people greater access to our country and our Constitution.  Now the GOP is walking down the same path to win back the Hispanic vote from the Democrats.  When will this insanity end? How about instead of throwing the doors open wide on the visa program, let’s have some actually oversight and safeguards on the visa program?  I say let those who wish to become citizens be put in a separate visa program like the proposed Red Card program.  Require background checks, credential them, fingerprint them and track them.  If you are a “good guy” then you shouldn’t mind letting us know who you are and submitting to the rule of law just like everyone else.  How about when an illegal immigrant is arrested for a crime, deport them instead of turning them loose again on the streets?  And for goodness sake SECURE THE BORDERS!!!  What is the point of deportation, if our border is as porous as a sieve?

Enough with the thinly veiled voter drives disguised as immigration reform.  Enough with bowing to Saudi oil interests.  Let’s get the interests of OUR citizens and the defense of the Constitution and the rule of law at the top of the agenda.