Time: Tue Mar 04 16:47:58 1997
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Date: Tue, 04 Mar 1997 16:44:23 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: [jus-dare] The Price We Pay
<snip>
>*Jus Dare*
>The Price We Pay
>
>From: Obwon <ob110ob@idt.net>
>
>freedomh@spectra.net wrote:
>>
>> *Jus Dare*
>> The Price They Paid
>>
>> This piece is not new. Most of you have seen it before.
>> It is worth reading again.
>>
>[...]
>
> The laws of the land are so interpreted now, in such convoluted and
>unseemly fashion that they fail to represent any coherent or
>discernable principal or theory which its supporters -- "The People",
>those bound by it's constructs and responsible for it's force by their
>own personal consent -- cannot know what it means.
>
> When the people express knowledge of rights, enumerated in the
>Constitution, they are expressing their expectations that the
>princilpals therein are enforcable according to the spirit of the
>Constitution as well. Were it not for this 'spirit' of law, the laws
>would dissolve into purely technical matters, to which citizen could
>willingly subscribe because understanding would be lacking if not
>impossible.
>
> The Founding Fathers of this country were very close to the
>functioning oppressions they sought to protect future generations
>from. The principals needed to do so, they astutely perceived, never
>change one wit. They enumerated those principals and the underlying
>intents that they were meant to address. They breathed into that law
>a spirit that they intended, and the people decided, should be
>observed. If a citizen can not understand the letter of law, they can
>certainly understand the spirit!
>
> It is this spirit of law -- it's underlying *principals* -- that
>makes the laws so acceptable to all citizens. It serves to make the
>law understandable to simple lay human beings! That "All men are
>endowed by their Creator with certain inalienable rights!", is
>something on which we can all agree! It is necessary to embrace and
>practice this fundamental principle if the laws are to come from the
>governed! So there can be no "We the People of the United States of
>America", without inalienable rights! The list of rights and
>principles goes on, I won't enumerate them here except as may be
>needed.
>
> But it is the understanding of those rights that is the most
>important principal of freedom! For if a people cannot know their
>rights... How can they be truely free? So the question that follows
>is "How do people know their rights?" We know that we cannot be
>expected to think of or examine every possible situation as to how
>private rights might conflict with public intent/needs. We can not
>be expected in our few alloted years to resolve the many issues
>entailed. So the law is given a spirit! A spirit which even the
>simplest of means can understand and abide.
>
> We are all very familiar with the Spirit of American law! Who among
>us does not know of, or would not agree; that "Ten guilty should go
>free that no innocent be convicted!" So when convoluted/esoteric and
>arcane arguement is offered to deny anyone the shelter of this "Spirit
>of Law" to which we have ascribed, we should not take that incident
>lightly. For to do so is to allow and permit the spirit of law to be
>unenforceable!
>
> This is more dangerous than many realize. For if the spirit of the
>law is permitted to die for lack of enforceablity, then what we will
>have is not a democracy! What we will have then is a Technocracy! It
>is a very short step from Technocracy back to the same totalitarianism
>from which our Founding Fathers once pulled us at such great costs to
>themselves! We have long enjoyed the benefits of the system that they
>devised!
>
> This enjoyment appears to have persisted too long! We are more than
>100 years removed from the oppressions of other nations! Several
>generations of successful endeavor have prevailed. The meaning of the
>fundamental principles of law have long since escaped our intense
>consideration. All has been well on the surface! But there is a
>storm gathering on our horizons. A storm that the Founding Fathers
>foresaw!
>
> "We the People", need to look back! We need to see that the Spirit
>of the laws as we understand them is not lost! Not to any
>partisanship, nor to any interests! We shall not exchange freedom
>for security! The posts heretofore show clearly that we are being
>offered the opportunity to do so by the High Court! We must
>resoundingly and demonstratively repudiate this offer! For not to do
>so would rob us of our inalienable rights!
>
> The High Court has ruled that the security of peace officers is of
>greater moment or intrests to the public good, than the rights of the
>citizens to be secure in their persons! To do so they permit the
>"Presumption of guilt" to decend upon vehicle passengers when police
>stop the drivers for various and sundry reasons! So now you have been
>robbed of the mantel of innocense if police interests or concerns for
>their own personal safety conflict with your interests in asserting
>your rights!
>
> Clearly the law is robbed of it's spirit by this one decision alone!
>
> How else might this interpretation of the letter of law be used to
>deprive you and other citizens from the exercise or enforcement of the
>rights applicable thereto? How can it be demonstrated, therefore,
>that such 'rights' are even in existence? Surely one must know by
>now, that there are many safety/security considerations prevailent in
>today's society, that can also rise to the level of 'extreme public
>interest' that can then be used to remove your rights to privacy and
>the security of your home. It is just a matter of time before we will
>be confronted with those issues! Will we yet again allow the High
>Court to contravene the spirit of the law to act on 'our behalf', to
>remove and render useless our very understandings of our law?
>
> It is our law that is being interpreted by the High Court! It is
>not 'their law', it is not the laws of the Congress! These official
>bodies are there to serve us and to codify laws "By Our Consent!"
>Not as some disconnected exercise to exotic for the common citizen to
>understand! For in accepting that we do not or cannot understand the
>laws being given, or as they are being enforced, we are in fact
>surrendering the very rights upon which we claim to rely and support.
>
> Thank you for your time one an all.
>
> Obwon
>
>
>
>----------------------------------------------------------------------
> *JUS DARE*
> c/o Dave Delany's Freedom House
> PO Box 212 Conklin NY 13748
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>
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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