
George Brauneis
Hotchkiss, CO
Guardians of the Republic, Honor Your Oath. Join Us.
The First Fundamental Principle of Constitutional Interpretation: Your Rights Don't Come From Government
By
Stewart Rhodes
Ben Franklin reportedly remarked that the Constitution formed “a Republic … if you can keep it.” Well, you can’t keep it if you don’t know what it is.
So, what is it? As George Mason said, “no free government, nor the blessings of liberty, can be preserved to any people, but by frequent recurrence to fundamental principles.” What are the fundamental principles of our Republic? Should we look first to Supreme Court decisions for such guidance? Hardly. As Jefferson said:
They [the judges] are … in fact the corps of sappers and miners, steadily working to undermine the independent rights of the States and to consolidate all power in the hands of that government in which they have so important a freehold estate.
And that was when the ideas of the Enlightenment still reigned supreme, long before the infestation of Marxism among legal elites. No, the Court has long ago gone astray. Let us begin with our Declaration of Independence:
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, 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, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness ….
There, at the heart of our Republic, are not just the concepts of equality and consent of the people, but also natural rights. The Declaration of Independence is fundamentally a natural law document and the “long train of abuses” that made revolt necessary were not only deprivations of representation (as we were taught in school), but also of natural rights, such as life, liberty, and property, and the abuse of all of the ancient, hard won procedural protections of those rights, such as habeas corpus and jury trial in a civilian court, rather than a court of admiralty. They finally shot back when the government attempted to strip them of the means of resisting the already ongoing abuse of their other natural rights.
Rights come first, and then government is created to protect them, not the other way round. This is something modern political and legal elites want us to forget. They don’t believe in inalienable, natural rights that are ours by virtue of ‘nature and nature’s God.” Instead, they share the view of Karl Marx, that such “rights” are merely artificial political/legal constructs, that man is just an infinitely malleable animal (to be shaped by social engineers), with no inherit rights whatsoever, and your only “rights” are whatever society wants to “give” you. Black’s law dictionary defines this as “positive law” – man made law - as opposed to natural law.
Under this view, which flips the Declaration on its head, on what grounds can you ever rebel? Since your rights are “gifts” from government, and merely whatever the government courts say, with no higher power or law, it is never legitimate for a people to rebel, no matter how ridiculous the government’s “interpretation” of its own powers or how arbitrary and murderous it becomes once its servants in black robes “make it legal” by interpreting your so-called rights out of existence. Without natural rights there is no right to revolt, which is precisely why these elites think it totally illegitimate for you to have effective means of resistance.
Remember that all of the Crown’s actions were upheld by the English courts as legal and “constitutional.” However, for the Founding generation, that was not the end of the argument because they knew their rights were not just whatever the government robed lawyers said.
In harmony with that timeless, self evident truth, the Bill of Rights does not grant any rights. It is really more a bill of protections of rights. The First Amendment does not say “the people are hereby granted a right to free speech, freedom of the press, free practice of religion, and assembly.” Instead, it says “Congress shall make no law respecting … [those rights].” It is a prohibition on Congress, to protect pre-existing natural rights.
The same is true of the Second Amendment. It does not say “the people are hereby granted the right to bear arms.” No. It says “… the right of the people to keep and bear arms shall not be infringed.” It is a prohibition on government action, meant to protect a pre-existing right.
Likewise, the Fourth Amendment does not grant us a right to be secure in our persons, houses, papers and effects from unreasonable searches and seizures. It declares that our right to that security “shall not be violated” and then it sets forth procedural requirements to protect that preexisting right. Nor does the Fifth Amendment grant us a right to life, liberty, or property. It merely prohibits the government from depriving us of those pre-existing rights without due process of law, and spells out specific procedural protections for those natural rights. The same holds true for jury trial.
Thus, whenever you hear a judge, politician, lawyer, or talking head in the media speak of what rights you do or don’t have under the Constitution, you are hearing at best an ignorant statement, and at worst, a lie. And whenever you find yourself running to look in the Bill of Rights to see whether you have a right to do something, you are making a fundamental error. Your rights are inherently yours by nature and by nature’s God.
With that fundamental principle as our background, I will next delve more directly into constitutional interpretation, showing how the Bill of Rights mandates how we must interpret what the people consented to as the means “to secure these rights.”
Stewart Rhodes
Founder of Oath Keepers and S.W.A.T. Magazine columnist
I lucked out on my first swing shift by being assigned to one of the most experienced and respected senior deputies on the C.C.S.O. Because he was a quiet and humble man (caused by, I think, confidence in one's ability to handle ANY SITUATION that might present itself) I didn't know he was one of the detectives that apprehended/arrested the Kansas killers depicted in Truman Capote's book: "In Cold Blood."
Once I had a few shifts under my belt, I was reassigned to another senior partner, where it was explained to me to adopt his good traits and discard any negative ones. Late into the shift, when things started to pick up, we were dispatched to the Flamingo Capri Hotel & Casino in regards to a 425 (suspicious person) involving three NMA's (Negro Male Adults) observed by security in the adjacent parking lot. As we rolled in we spotted three NMA's (that appeared to be physically supporting the man in the middle) slowly making their way through lot. We approached them and asked what they were doing and one of the support men, who was obviously sober, stated they were trying to get their friend home because he had too much to drink. We then requested they identify themselves formally and they complied using proper identification.
At this moment, a field sergeant drove up and gave a thumb-down hand signal, to which my senior partner acknowledged with a nod. As the sergeant drove off, I asked: "What was that all about" and he told me that the sergeant had just given the order that they should be "Hooked-up and taken to the county jail!" I asked: "what are we charging them with?" and he said: "N-O-S!" Not having yet learned all the police jargon, I said: “what does that mean” and he replied: "Nigger on the Strip." I literally bristled at that definition and told him: "I will assist you in getting them safely to jail, but I don't want my name of the arrest report!"
Apparently, he was quite surprised that a rookie would take that position. He told me if we didn't follow the sergeants order there would be hell to pay. I told him it just wasn't right and I remained steadfast. Then he asked me what I thought we should do and I said that I know I'm just a rookie, but if it were up to me I would F.I. them (field interrogation card) and kick them lose. After pondering my suggestion, we F.I.'d them and sent them home. We cleared our call on the radio with: "three F.I.'s collected" and immediately the sergeants voice boomed over the channel: "10-5 with me at the convention center, now!"
As we pulled up alongside of his cruiser, he motioned for us to get in. My partner got in the front seat and I got into the rear seat. Bellowing, the sergeant asked my partner: "didn't you see my hand signal?" and my partner replied that he had. Still bellowing the sergeant said: "then why in the hell didn't you obey my order? My partner, trying to buy a little wiggle room, sheepishly said that we had thoroughly identified and checked the NMA's out and what with radio traffic picking up, we decided that by F.I.'ing them we could stay available for calls for service the rest of the shift.
The sergeant then turned to me and said because I was a rookie, I didn't have a say in the matter, but he still wanted to know what I thought. I told him that Yes, I was inexperienced in policies and procedures and maybe I was not the right man for this job, or maybe this job not right for me. He said nothing, so I asked if I could ask him a question and he nodded. I said: "If those men had been white would you have given the order to arrest them?" His face became livid with rage and he yelled at us: "Get the hell out of my vehicle and don't ever disobey my orders again!"
During the next thirty-one years of department service, there would be many more times when I bumped heads with my superiors, but I never let them intimidate me into doing anything that ran afoul of my principles or oath to see that everyone was treated equally under the law.
One incident that vividly comes to mind is when I requested a sit-down with my supervisor in front of his supervisor. There were many troubling issues that had been building up to the point that I needed to get them off my chest. I asked to speak un-interrupted and confronted my supervisor with several complaints (liability issues, police motorcycle safety issues, police equipment issues and personnel issues) that he had been avoiding discussing that I had been trying to resolve with him for quite some time. Thankfully, both ranking officers allowed me to vent from several pages in my pocket notebook and then I addressed my immediate supervisor with one final question: "Lieutenant, do you want the men to do your bidding because they fear you or because they respect you? He sarcastically replied: "That question doesn't even deserve an answer!" to which I replied: "Well sir, I just want you to know what I think about it.” “The Lord is my Light and my Salvation, of whom should I be afraid?" [Psalms 27] After the sit-down the lieutenant led me into his office and fired me as the Departmental Motorcycle Instructor, but I had attained the catharsis I was seeking.
The Captain never took any action on the complaints I had lodged against the lieutenant. In fact on my next ER (evaluation report) the lieutenant marked me down in several supervisory categories and when I formally protested the degraded evaluation, the Captain ordered that he rewrite it (much to my surprise!)
I felt compelled to document this event that occurred in my first few days as a rookie deputy sheriff. And also, how these challenges continued periodically throughout my entire career (as recounted in the above paragraph). I thought it would help illustrate how some unethical (and sometimes bigoted) supervisors seek to intimidate their subordinates into carrying out unsafe orders (jeopardizing the safety of the troops) and worst of all: unlawful orders, thereby causing them to violate their constitutional oaths!
Let your good conscience and your oath to the Constitution be your faithful guide.
Yours in Liberty & Fidelity,
Dave Freeman
This Viet Nam Vet agrees, we have become what we were sent to fight back then. We have become what many others before and after us stood up against during "Cold War" years.
I too never recanted my oath of enlistment, nor will I ever.
We must take a stand now, if our children and grandchildren are to enjoy the freedoms and liberties we did as children.
I served with C Troop 7/17th Air Cav & 412th TC Det. in the Central Highlands of Viet Nam from mid 1969 to January 1, 1971, then on to Germany with Air Cav Troop 2nd ACR in Nuremberg, finishing off at Fort Bragg, NC with HHB XVIII Airborne Corps Artillery, Aviation Section. I ETS'd in March 1977, partly due to Jimmy Carter's amnesty granted to Viet Nam draft dodgers.
My entire time was a 67V20, OH-6A/OH-58A Crew Chief/Mechanic and sometimes Aero Scout.
The photo is of me, taken in An Khe Viet Nam about September 1970.
Thanks to all of you for taking such a stand.
Lew Waters
Vancouver, Wa.
JT, [addressing the below 1st Cav. Vet.]
I am also a third generation Combat Veteran, My Grandpa was in WW1 My dad was an F.O. in Patton's Army, I was with the First Cav, 8th Combat Engineers (Air Mobile),1968-1970, mostly in Phouc Phin, we built Fire Bases mostly, but in this one area where we put in a air strip for Carabous and C130's + Fire Base (I am not sure how to spell it), Boo Dop is how it sounded, there was a sign at our CP that said "There is an essence to life the protected will never know".I am finding that saying to be quite poignant these days.
Glad you made it back O.K. I was 18 when I went, 20 when I got out, Now when I look at my 19 year old son I cringe to think how a person of that age could handle that sort of thing. Platoon is the closest thing I have seen that depicts what it was like, except we had better fields of fire, never any trees in the middle of a fire base. In the end of the movie when the helicopter was flying away and they were throwing body's into a bomb crater and a bull dozer was filling it in, that would have been me on the dozer.
So to make a short story long, I am so with you on the importance of protecting the Constitution, A perfect document when left in its original state, maybe dangerous when tampered with, so rare that all the forces and powers that be could come along and produce such a remarkable document, after thousands of years of people trying to perfect a free society. It has been bought and paid for with generations of blood, sweat, tears and ultimate sacrifice, it would be a abomination of our faith in God and our Honor as a people to ever let any one or thing defile what we as a people pass down from generation to generation as the ultimate gift of life to our children and future generations. Life would become meaningless without it, That is why as a fighting force we have the advantage in all battles, we have more to lose while the other side has so little to fight for.
I do solemnly swear to defend the Constitution of the United states of America and all it stands for so help me God. You better listen up Politicians, you have ventured on to thin ice and are flirting with death. The Constitution has given me the legal right to do what ever I must do to defend it against all who would tamper with it's original meaning and intent, and I will.
"jorgie49"
Thank you sir for your amazing video! It hit my email box late last night and I was almost brought to tears watching it. Thank you for counting us Marines as oath keepers. You can take that to the bank. My father was a Marine, before me and I did not join the Corps to be a tool for a communist takeover of our nation.
I agree totally with the oath keeper list of orders we won't obey. I’d rather be dead. I will make sure my Marines know their oath and what it protects.
I want to remain anonymous but don’t take that as meaning I won’t stand strong. This blog is incredible, is so inspiring to read the comments of veterans. Your message is spreading and I will make sure it gets to more Marines. We won’t let you down.
God bless you all!
OATH KEEPERS:
Click text above to read full length version.
1. We will NOT obey orders to disarm the American people.
2. We will NOT obey orders to conduct warrantless searches of the American people
3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal.
4. We will NOT obey orders to impose martial law or a “state of emergency” on a state.
5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.
6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.
7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.
8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control.”
9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.
10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.
(Read the full declaration here)
We are in a battle for the hearts and minds of our own troops.
Help us win it.
Oath Keepers is an association of currently serving military, veterans, and peace officers who will fulfill the oath we swore to support and defend the Constitution against all enemies, foreign and domestic, so help us God.
Our oath is to the Constitution, not to the politicians, and we will not obey unconstitutional (and thus illegal) and immoral orders, such as orders to disarm the American people or to place them under martial law and deprive them of their ancient right to jury trial.
We Oath Keepers have drawn a line in the sand. We will not “just follow orders."
Our motto is “Not on our watch!”
If you, the American people, are forced to once again fight for your liberty in another American Revolution, you will not be alone. We will stand with you.
There is at this time a debate within the ranks of the military regarding their oath. Some mistakenly believe they must follow any order the President issues. But you can rest assured that many others in the military do understand that their loyalty is to the Constitution, and understand what that means.
The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. To win that battle, Oath Keepers will use written and video testimony of active duty military, veterans (especially combat vets), and peace officers to reach, teach, and inspire our brothers in arms in the military and police to fulfill their oaths and stand as guardians of the Republic.
If you are currently in the military, are a veteran, or are a peace officer, please submit your written and/or video testimony on your oath, so you can help us win that battle for hearts and minds. Your submission may be anonymous.
Guardians of the Republic, fulfill your oath. Join us.
John Adams, at the age of 16, lied about his age to join the Marines so he could fight against Imperial Japan in the Pacific. His enlistment date was December 10, 1941, just three days after the attack on Pearl Harbor (see below). As a Marine rifleman, he fought the Japanese from island to island, across the pacific, including at Iwo Jima. We may have good men, but we never had better.
Until his death in 2006, he was a dedicated patriot who still took his oath to defend the Republic deadly serious. May God grant you the courage to do likewise.
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force: Whenever you give up that force, you are inevitably ruined.” – Patrick Henry.