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Do not give in to Evil, but proceed ever more boldly against it

Monday, May 17, 2010

Venlet: On the Constitution as a "Counter-Revolutionary" Act -- Parts I &II

Please read John Venlet's essay here, to which I will refer as 'Counter-Revolutionary -- Part I'.

In a comment to John's piece, I said that I would write up some thoughts on why I use the "Constitutional Restoration" as an organizing concept. As did John, I offer the same caveat -- I speak only for me in what follows. Moreover, nothing below should be construed in any way by anyone as the giving of "legal advice".

To begin, as a refresher, take a quick glance through each of these foundational American documents:

Declaration of Independence

Articles of Confederation

USC

BoR

Pretty rapid conceptual evolution, across less than twenty years of admittedly-tumultuous British and American history, wouldn't you say?

I will leave it to others to recount the details of that evolution. Suffice it to say that the trend to centralized, national government has its roots in the very founding of the Republic.

And as we sit here, nearly 234 years after the signing of the Declaration, it is apparent to a growing plurality that the objective of the USC/BoR drafters -- to cage the embryonic national government from all but a few limited, enumerated functions -- has not been met.

For that plurality, the question arises as to remedies for this situation -- discussions about which must be conducted within the context of Chapter 155 of Title 18 of the US Code:

  • § 2381. Treason
  • § 2382. Misprision of treason
  • § 2383. Rebellion or insurrection
  • § 2384. Seditious conspiracy
  • § 2385. Advocating overthrow of Government
  • § 2386. Registration of certain organizations
  • § 2387. Activities affecting armed forces generally
  • § 2388. Activities affecting armed forces during war
  • § 2389. Recruiting for service against United States
  • § 2390. Enlistment to serve against United States
I commend a slow, careful read of those statutes and the cases decided thereunder to any freedom-minded activist, coupled with a cold-blooded assessment of the Mighty Kenyan's moral and legal compass, along with those of his state security toadies Holder and Napolitano. The material and sources cited here may be helpful in that assessment, as will Will Grigg's recent thoughts on the subject.

But in risk, there is also opportunity. Read the full text of 18 USC 2385:

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.


But what if the agitator in question

...knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of restoring the government of the United States and the government of every State, Territory, District or Possession thereof, and the government of any political subdivision therein, to its Constitutionally-stated limits?

Aren't the forces of tyranny potentially present in any centralized human endeavor thwarted -- at least prior to the State's inevitable use of force decision -- by those who simply insist that Leviathan live within the constitutional cage designed for it more than 200 years before?

Make no mistake -- this matter is NOT going to be settled by word games. The stakes are simply too high for all parties.

Leviathan will respond to the constitutionalists' insistence with the only tools at its disposal -- tooth and claw.

And when they do, the pragmatic constitutionalist will understand, once and for all, what Spooner meant.

In a few days, I'll have the second half of my response to John's article thought through and written.

Until then, think about these issues.

Your life, and those of your tribe, may depend on the correct answers.

11 Comments:

Anonymous PeaceableGuy said...

As far as Spooner's observation, I believe that it would be completely accurate if the Constitution were meant to stand alone in a vacuum. However, as We the People are responsible for our part as well, I think Spooner's assessment is too harsh, considering We have been negligent for far too long.

Not that the Constitution can't be improved upon, but that we need to return to it first rather discarding it and trying to muck up something new from scratch.

May 18, 2010 at 6:41 AM  
Anonymous Anonymous said...

The quotes that follow the main one on that site are also instructive.


Cassandra (of Troy)

May 18, 2010 at 10:25 PM  
Anonymous Anonymous said...

"As far as Spooner's observation, I believe that it would be completely accurate if the Constitution were meant to stand alone in a vacuum. However, as We the People are responsible for our part as well, I think Spooner's assessment is too harsh, considering We have been negligent for far too long."

The constitution claims to be a piece of legal engineering that works in the real world. As such, it needs to function when operated by the collection of flawed human beings we already have. Wishing away the human condition because that is required to make the game theory work is delusional fantasy.

May 19, 2010 at 5:36 AM  
Blogger J. Croft said...

Go get HOLOGRAM OF LIBERTY by Boston T. Party at www.javelinpress.com or at the next gun show, he's exhaustively covered this important topic...

It's not an easy topic to bring up-certainly not for newbies to this but the enemy does use the Constitution as the basis for their "legal" tyranny even as the propaganda still rings in most peoples heads that we're "free".

Liberty-a fraudulant word, to most people synonymous with Freedom but liberty is granted by government or some other authority. Freedom-those are your rights no matter what. America has become a tyranny built on liberty. Fortunately most people are so ignorant of even what their rights are that there isn't so much deprogramming to do to them...

On a related subject, get over and sign up for Patriots Protect Patriots at http://patriotsportectpatriotswa.ning.com

When someone from a leftist or enviromental group gets arrested, he has contributions, and support for when he's inside and legal help. When a gangbanger, made man, AB'er gets popped they're taken care of.

Patriots and gun owners? Ask David Olofson, Mark Koernke, Charlie Puckett, Branch Davidians, and anyone whose targeted by the ATF-they got thrown in the belly of the beast and forgotten. Maybe they can fend off the gangbangers and rapists but more than likely they become someone's fuck slave.

Past time we got our shit together for those who are POW.

May 19, 2010 at 3:37 PM  
Anonymous Anonymous said...

Based on a literal reading of §2387, OathKeepers (its board, members, affiliates, etc.) is liable to prosecution:

"...attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States..."

Any halfway decent federal prosecutor could slam-dunk such a case (assume all the usual circumstances -- pliable judge, ignorant jury, etc.). Man, these are scary times...

May 20, 2010 at 5:43 PM  
Blogger lysander6 said...

I think Venlet is on the money.

Face it, if you are a Constitutional stalwart (whether an adherent of the original intent or the living document schools), you are a willing accomplice to the maintenance and expansion of big government.

See my essay on why the Articles of Confederation were superior:

http://www.lewrockwell.com/buppert/buppert29.1.html

May 20, 2010 at 5:59 PM  
Anonymous John Venlet said...

CA -

Excellent informational post, with the necessary links for individuals to educate, or reacquaint, themselves with the historical machinations which resulted in the Constitution.

Buppert's link, here in comments, and Hummel's link in the comments at my place, are also fine, educational reads.

I would note that the many links you provided to Chapter 155 specifically reference being utilized against individuals if they initiate force or violence against the State, ensuring the State's monopoly on force and violence.

The State's legislated monopoly on force and violence is in direct contradiction to the following words from the Declaration of Independnce.

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. (bold by ed.)

Immediately following those words quoted above, are these words from the Declaration.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. (bold by ed.)

Note those words in bold, but pay close attention to the entire quote, as the idea in those words are crucial to American individuals who value freedom.

A final note, as a peaceful means to throwing off the yoke of the State, I recall something Billy Beck wrote in the past. "What if they held an election and nobody came?" Can you think of a more peaceful means of massive, passive civil disobedience? What would happen?

May 21, 2010 at 12:47 AM  
Anonymous Anonymous said...

Everyone forgets that the American Law of Treason begins with Article III Section III. Reason: The People of the United States write the definition of Treason -- not the Congress. And the People make clear that their agents in government are prosecutable for Treason. This includes judicial officers who use public force to levy war against the People. The Militia is the enforcement capacity of the People.

May 21, 2010 at 6:56 PM  
Blogger J. Croft said...

Mr. Venlet, if the Tea Party fails this fall, or if there's no elections I guarantee there will be a zero turnout on the next scheduled election-because there won't be any.

May 21, 2010 at 7:22 PM  
Anonymous Anonymous said...

"if the Tea Party fails this fall, or if there's no elections I guarantee there will be a zero turnout on the next scheduled election-because there won't be any."

Everybody has elections. Even the Soviet Union had elections, and voting was mandatory. Elections are a necessary part of fooling people that they are in charge and they've consented.

May 22, 2010 at 4:51 AM  
Blogger archer52 said...

The law may be somewhat clear, but the enforcement, against the will of majority of the people cannot be enforced for any length of time.

The second amendment was the second one for a reason. The founding fathers deeply understood the necessity of having an armed populace. That was what started and kept the revolution going until the new government could get organized.

This is also understood by the left and by the radicals supporting Obama. Right now, they'll be content to, as Beck calls it, "nudge" you into giving up your weapons. For example, if healthcare comes along in the way they want, they will offer it to you, but at a greater rate if you are a gun owner.

Our nation is really in trouble. The left will steal, manipulate and legislate as much as possible, until they can't.

More, and this is important, your vote will be corrupted as much as possible. They are playing for all the marbles, and not playing by any rules other than "the end justifies the means".

http://truthandcommonsense.com/2010/03/29/stealing-the-election-democrats-in-ohio-tune-up-for-november/

This is a moment in time that many of us, but not all of us, will talk about for years and maybe generations. Just like 1860 and 1775. Many of us don't realize where we are in history and there is a reason why.

I have a saying and it goes like this- "The hardest part of being inside a revolution is getting perspective. You simply cannot get far enough away to get the whole picture. It is what many of the revolutionaries are banking on."

Why did Jews get on cattle cars hoping that the soldier at the next stop would be kinder than the last? Because they could not fathom the cruelty in the hearts of men. We are lucky in that we have records upon records reflecting just how evil people who would rule you can be.

Here is something to think about in a quiet moment. When "they" come for your neighbor, will you let them? A man alone is a target, a man standing with a hundred friends is a force to be reckoned with.

That said,I hope for a peaceful solution, as a retired detective I can only remind all of you that the guy trying to do his duty and follow his orders is just that, a guy like you trying to survive and feed his family. Treat the police who the politicians demand enforce their laws with compassion and respect. If they are trying to keep the peace, let them. Believe me, many, many agree with you that things have gone crazy and probably wish they were standing next to you holding a sign.

We have the numbers, the supplies and we only lack the will. Sooner or later, it will come to an "us vs. them" moment. It has to, it is the nature of man and the nature of all nations.

My book is about a time like that and how the people either stand or submit.

May 27, 2010 at 4:20 AM  

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