Time: Tue Mar 04 16:47:58 1997
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	Tue, 4 Mar 1997 13:48:37 -0700 (MST)
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*
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>                    PO Box 212  Conklin  NY  13748
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>

========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
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