August 30, 2010
The more and more I hear of the phrase “Democracy in Action” the more frustrated I get at the ignorance of those we have placed in positions of power over us. From Washington D.C. to nearly every town in America the use of “Democracy in Action” to limit even more rights from the American citizen is reaching epidemic proportions. It is systemic within the culture of Tyranny that infests every aspect of our governmental system.
Any person who uses the term Democracy to identify or describe how we are supposed to be governed is either ignorant of our Constitution and History or knows full well and is bent on destroying our nation and way of life.
Anyone who has read the Declaration of Independence knows that our nation was created under the novel belief that all men were created equal and that they were endowed by “their creator” (not the government) with Unalienable Rights and that “to secure these rights, Governments are instituted…”
With this in mind, and with such a diverse society in our nation, how do we apply the rule of law evenly if “all men are created equal?” We see in the Federal government how some citizens are given special privilege by receiving certain tax benefits or relief. We have some that are given bailouts while the rest of the nation flounders in economic turmoil. We have some states that receive more funding than others; we have nearly every natural disaster, within the states, deemed a national disaster area to receive federal funding while other states (and their people) have to pay for it.
We have unfair tax laws that treat special interest groups and certain classes of people differently and even across the spectrum of the tax code every single tax bracket is treated differently. If we truly believed that we are all equal why are our laws not equal in their application?
Within the halls of Congress scores of “the people’s representatives” have admitted to abandoning the Constitution and some admitting to “robbing” the American citizens and will continue to do so until we make them stop. From the President to nearly every member of Congress we have heard about our great “Democracy.” The problem is we are not supposed to be living under a democracy but a Republic.
I have come to learn that the vast majority of Americans are utterly ignorant of the difference between a Republic and a Democracy. To help them understand I provide them an analogy that helps illustrate the difference, it goes like this:
You live in a quite suburban neighborhood with all the amenities and niceties that modern society holds with the exception of a playground for the children. The town gets together and votes on the size, structure, safety issues, location, costs, etc. The discussions are made, objections and approvals noted, and a final vote is taken. Here is where we find the difference between a democracy and a Republic – the town has voted and 51% of the vote has determined the location is to be placed on the site where your home currently resides. Under a democracy the collective is superior, the majority wins and the minority loses. Under a Republic the rule of law, in this case our personal property “rights,” would be held above the desires of the majority to uphold the concept of all persons being equal and the law protecting all equally.
Another example is where a local government (it could be a town, city, or village) makes zoning statutes which determine certain characteristics an area of the town will have. Most all cities do this as part of the planning for the growth of the city. They determine the size of the lots, the use of the property as to whether it will be industrial, agricultural, residential, etc. No problem here yet, but what happens when a resident decides to plant a garden in his back yard and the town has zoned the area residential and not agricultural? What if the “owner” of the property wants to have a few chickens to feed his family eggs that are not contaminated with growth hormones and other chemicals used within the poultry industry? What happens to the property rights of the citizen at this point?
If we look to the federal constitution it states that all States shall be guaranteed a “Republican form of Government.” Not a democracy! The rights of the people, even the individual, outweigh the desires of the many. Of course we can agree to join a neighborhood that is under covenant with the owners and that they will abide by certain terms and that would be perfectly legal and acceptable as a contract willingly agreed to.
So can a government legally (Constitutionally), at whatever level, pass a statute, a law, that abrogates a right of the citizens? The obvious answer would be NO! But it happens every single day.
According to Black’s Law Dictionary, Seventh Edition, a statute is “A law passed by a legislative body.” Pretty straight forward but really does not give us much clarity as to the constitutionality and thus legality of the law. In the book “Brief Making and the Use of Law Books” (1914), written by Dean William M. Lile, of the University of Virginia Law School, discussed what statutory law is stating: “In an absolute monarchy, an edict of the ruling sovereign is statutory law. Constitutions, being direct legislation by the people, must be included in the statutory law, and indeed they are examples of the highest form that the statute law can assume.”
So under a Constitutional Republic every law must be based upon the constitution under which it is predicated. Under the federal government every statute must be based upon the Constitution, but we know full well that the vast majority of federal law that works against the citizens of the states of the Union is unconstitutional. We have had case after case of unconstitutional laws to the point it has become commonplace.
Did the IRS come to you and ask you to agree to have Social Security taxes taken from your pay, even if you did not want to be involved in the Social Security program? The Fourth Amendment to the Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” If you did not agree to have the funds taken from you, did you receive a warrant or court order mandating the seizure? Your money is your property yet the federal government takes your money without due process and the entire nation “complies.”
This tyranny, for it cannot be called anything less, is not limited to Washington DC or even the State governments but has infiltrated to Main Street America as well.
In the small Midwestern town of Bellevue, NE I found myself sitting in the audience of the town planning committee discussing the statues which regulated the use of property. I was their in support of a group of citizens who had been cited for having a small number of chickens on their property for personal use. We had researched the laws of the town and indeed found many instances that talked of controlling chickens from “running a large” or that the citizen could not engage in “commercial” use of the poultry but absolutely no mention in any statute that made the ownership of chickens illegal. I also believe that such a law would be unconstitutional as poultry is not banned or an illegal fowl to own and therefore should be left to the owner to decide.
During our research we talked with the Zoning Code Enforcement Officer as well as the City Attorney and was astonished to hear that it was the cities position that the Code Enforcement Officer had full discretion to interpret the code, assess any violation, issue a citation, as well as confiscate property if he so deems appropriate. Now remember there is no law/statute that assigns any illegal status to owning chickens in a residential zoned area. In fact the Attorney and Officer both stated that they do not need a warrant or court order to seize property “they deem” as in violation, thus making the Code Enforcement Officer Judge, Jury, and executioner. And to detail the level of tyranny supported by this town we were told that if the code does not grant you specific abilities for the use of that property then you are in violation of the law.
With this logic if the code does not grant you permission to plant flowers doing so would be in violation. Tyranny of this nature is abhorrent to our Constitutional Republic and the concept of liberty and freedom. The whims of a few are beaten upon the brows of fearful citizens.
In this instance the chickens are your property yet the city government takes your property without due process of law and the entire city “complies.”
So as you see; the learned governance we have in America is not constrained to the federal government or to some States it is systemic to nearly every level of government in our nation. It is wrapped in the comforting phrase of “democracy in action,” “collective good,” or “the public benefit.” They can do this because they have the “Color of Law,” which is having the ability to enforce the law even when the law is void at its foundation, in this case both the State and federal Constitutions.
Would you willingly give the federal government the money it steals from you each year if it were not for the fear of the IRS sending agents with guns, putting liens on your property, garnishing your bank accounts, and possibly sending you to jail? Would a property owner willfully give up their poultry if it were not for the fear of the Police coming with guns while the zoning enforcement officer steals your property?
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We comply out of fear! Is fear the basis of liberty and freedom? NO, it is the basis of tyranny! But it is up to us to stand up to tyranny at whatever levels it resides and we must force those that are supposed to protect our rights to do exactly that. Leave the rights of the citizen alone and serve only to protect our rights -- for that is the true reason “Governments were instituted among men.” In the words of Thomas Jefferson: “When the people fear their government, there is tyranny, when the government fears the people, there is liberty.”
� 2010 Michael LeMieux - All Rights Reserved
LeMieux was born in Midwest City, Oklahoma in 1956 and graduated from
Weber State University in Utah with a degree in Computer Science. He
served in both the US Navy and US Army (Active duty and National Guard)
and trained in multiple intelligence disciplines and was a qualified
paratrooper. He served with the 19th Special Forces Group, while in
the National Guard, as a Special Forces tactical intelligence team member.
He served tours to Kuwait and Afghanistan where he received the Purple
Heart for injuries received in combat.
Mr. LeMieux left military duty at the end of 2005 after being medically discharged with over 19 years of combined military experience. He currently works as an intelligence contractor to the US government.
Michael is a strict constitutionalist who believes in interpreting the constitution by the original intent of the founding fathers. His research has led him to the conclusion that the republic founded by the Constitution is no longer honored by our government. That those who rule America today are doing so with the interest of the federal government in mind and not the Citizens. Michael believes that all three branches of government have strayed far from the checks and balances built into the Constitution and they have failed the American people. A clear example is the Second Amendment, which the Supreme Court and the founders have all said was an individual right and could not be "infringed" upon, now has more than 20,000 state and federal laws regulating every aspect of the individuals right, a definite infringement. He has traveled around the world living in 14 States of the Union including Hawaii, and visited (for various lengths of time) in Spain, Afghanistan, Kuwait, Korea, Scotland, Pakistan, Mauritius, Somalia, Diego Garcia, Australia, Philippines, England, Italy, Germany, and Puerto Rico.
Michael now lives in Nebraska with his wife, two of his three children, Mother-in-Law and grandchild. His hobbies include shooting, wood-working, writing, amateur inventor and scuba diving when he can find the time.
Contact Michael through his Website: www.constitutiondenied.com