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Wednesday, 02/15/2006 9:30:45 PM

Wednesday, February 15, 2006 9:30:45 PM

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Common Sense II:
Link: http://www.stanley2002.org/CSII.htm


“A nation can survive its fools and even the ambitious. But it cannot survive treason from within. An enemy at the gate is less formidable, for he is known and carries his banners openly against the city. But the traitor moves among those within the gates freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in the accents familiar to his victims, and he wears their face and their garments, and he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation; he works secretly and unknown in the night to undermine the pillars of a city; he infects the body politic so that it can no longer resist. A murderer is less to be feared.”
~Cicero, 45 BC


“If everyone enjoyed the unrestricted use of his faculties and the free disposition of the fruits of his labor, social progress would be ceaseless, uninterrupted and unfailing. But there is another tendency that is common among people. When they can, they wish to live and prosper at the expense of others. The annals of history bear witness to the truth of it: The incessant wars, mass migrations, religious persecutions, universal slavery, dishonesty in commerce, and monopolies. This fatal desire has its origin in the very nature of man...in that primitive, universal and insuppressible instinct that impels him to satisfy his desires with the least possible pain.”
~Frederick Bastiat, 1848


On January 10, 1776 a pamphlet entitled “Common Sense” was anonymously published in Philadelphia. Written by Thomas Paine, Common Sense logically argued the reasons why the American colonists should govern themselves rather than be ruled by a monarch who sits some 3,000 miles and three months travel time away.
Paine’s little booklet sold 500,000 copies in the country when the population was 2,500,000, or one copy to every five persons.
Officers read Common Sense to their soldiers, teachers to their classes, parsons to their congregations. George Washington was endorsing its “sound doctrine and unanswerable reasoning.”
Thomas Paine contributed as much with his pen as Washington with his sword to the creation of this Republic. The reason his little book was so successful was because “it made sense,” appealing to the person on the street.
Common Sense II, inspired by Paine’s pamphlet, is intended to arouse the insight and spirit of the true nature of our form of government . . . of freedom.
One hundred copies of this booklet passed out can become 1,000. One thousand can become 10,000 and10,000 can become 10,000,000. To duplicate the effect that Paine’s Common Sense had on the American people in 1776 would require the distribution of 56,000,000 copies of Common Sense II.
The American people are the foundation of our concept of government. The strength of that foundation is dependent upon our knowledge and applied common sense.
Cover
The signal lantern of Paul Revere displayed in the steeple of the North Church, Boston, Massachusetts, warned the country of the march of the British troops to Lexington and Concord on April 19, 1775.
Second Printing October, 2002

Contents
Chapter I

A Sovereign Nation-State Republic . . . . 1
Republic v Democracy . . . . . . . . . . . . 3
Our Right to Be Secure In Our Home . . . . 5
County Government is the Building
Block of Our Political System . . . . . . . 9
Colorado’s Federal Mandate Act . . . . . . 10
Arresting Power of the Sheriff . . . . . . 13
The Purpose of the Jury System . . . . . 15
Chapter II
Destruction of Our Form of Govt. . . . . 17
Machiavellian Politics . . . . . . . . . . . 17
Three Types of Conquest . . . . . . . . . . 20
Walls in Our Minds . . . . . . . . . . . . . . . 21
Newspaper Control in America . . . . . . 24
Money and Gold . . . . . . . . . . . . . . . . . 29
Interest/Usury . . . . . . . . . . . . . . . . . 35
Chapter III
IRS and the Federal Reserve . . . . . . . . 39
NAFTA/GATT . . . . . . . . . . . . . . . . . . . . 42
Environmental Laws That Over-
Regulate Small Business . . . . . . . . . . . 43
CAFRs . . . . . . . . . . . . . . . . . . . . . . . . 47
Chapter IV
Wars Do Not “Just” Happen . . . . . . . . 50
Are We in a Police State? . . . . . . . . . . 52
Illegal Immigration . . . . . . . . . . . . . . 53
Secret Experiments . . . . . . . . . . . . . 54
Conspiracy Theories . . . . . . . . . . . . . 57
Chapter V
Sovereignty and Jurisdiction of Rights . . . 59
Life Terms of Supreme Court Justices . . 63
The Missing 13th Amendment . . . . . . . 65
The Rule of Law Today . . . . . . . . . . 67
Chapter VI
Declaration of Violations to the
Constitution . . . . . . . . . . . . . . . . 72
Address to the People/Public Officials . . 79
Dear County Commission/Sheriff . . . . 81
Sample Petition . . . . . . . . . . . . . . . . . 83
Index to the Constitution . . . . . . . . . . 85

Forward


What is really happening in America and the world today? Dedicated individuals have been asking the same questions and researching the answers. This booklet is a modest compilation of some of this work. It has been organized in such a manner as to answer some of the most perplexing questions of our times.
Americans have grown up believing that they live in the best and freest nation in world history. However, closer inspection proves that the U.S. government has been secretly stealing freedom from the American people for decades. Challenging government usurpation of our inalienable rights in government courts reveal an entirely different authority than what we were taught to believe exists in America.
This booklet shows how our form of government was designed to function and how it functions today. It also describes how certain organizations and individuals have taken control of our constitutional republic. These individuals and organizations have managed to reverse the constitutionally intended order of sovereign citizens as masters of government servants.
The analyses within this booklet are from the best available information to date. The issues proposed are stated in general terms so that lines of logic and common sense are able to become clear; it is intended to inspire further thought and research.
Though the forces aligned against the common man may seem overwhelming, centuries of fraud and deceit through freedom-violating unconstitutional acts of Congress could be repealed with the simple stroke of a constitutional pen.
Please research for yourself anything in this booklet that you cannot accept. Our only desire is to see the foundations of our country restored and secured to their proper standing; that the sovereign state citizens of our nation be reinstated as masters of government servants.



Chapter I

A Sovereign Nation-State Republic

Throughout the early history of civilized mankind, the common man had been ruled primarily by king-monarch/feudal-slave forms of government.
Some historians have described the Renaissance of 15th century Europe as the period of transition between the Middle Ages and the modern era. During this period the feudal and ecclesiastical elements of the medieval world were gradually but steadily transformed, first in Italy, then in the rest of Europe, by the development of capitalism and urban societies.
Knowledge that the Middle Ages was a period of achievement has increased in recent times. So has an awareness that the Renaissance did not emerge suddenly out of medieval darkness, but from the fruit of a long, complicated process that involved the technical ingenuity and intellectual thought of several European peoples.
For example, the development of printing with movable metal type around mid-15th century Germany, amounted to a communications revolution on the order of the invention of writing, yet this invention was the result of work from the development of previous inventions.
The Reformation of the 16th century had an enormous impact upon the quantity and quality of literary output. Without the printing press, it would have been impossible for the Reformation to have ever occurred. As with printing, geographical discovery was also the fruit of a long, complicated process. Navigational instruments derived from the Arabs, astronomical tables and sea charts drawn up by Hispanic and North African Jews, square-rigged ships designed by Spaniards and sailed by Italian mariners, were critical to European conquest during the age of exploration.
Thus, the Renaissance of the 15th century provided the environment that led to an explosion in technological development, creativity and voyages of discovery, being the bridge between the Dark Ages and the Industrial Revolution.
Under these conditions, people in England and elsewhere, established colonies in North America. Once the colonies became established and self supporting they united to free themselves from British tyranny.
After we won the Revolutionary War our Founding Fathers put into writing a new concept of government. During its development they took into consideration the successes and failures of governments throughout history. In their wisdom they settled upon a republic that identified the common man as the sovereign and government as the servant. The concept of people as masters of government servants is the basis of our unique and, at that time, unprecedented form of governance.
The key to this concept was the idea that man as an individual is a political being; that it is his nature to participate in public life and to interact with one’s fellowmen in making decisions; that individualism has profound implications for man’s intellectual and social existence.
The best setting for this social order was the republican form of government in which no one had a monopoly of power and citizens were devoted to the welfare and service of the community.
Thus, for those Founding Fathers who were seeking true sovereignty and freedom for the individual, statecraft was a discipline based on timeless rules or laws. And from this came our Constitution for the United States of America, as a sovereign nation-state republic.

“The cause of America is, in great measure, the cause of all mankind.”
~Thomas Paine

Republic v Democracy

In the republican form of government, the power rests in a written constitution, wherein the powers of the government are limited so that the people retain the maximum amount of power themselves. In addition to limiting the power of the government, care is also taken to limit the power of the people to restrict the rights of both the majority and the minority.
A simple method of illustrating the difference between a democracy and a republic would be to discuss the basic plot to the classic grade B western movie.
In this plot, one that the moviegoer has probably seen a hundred times, the brutal villain rides into town and guns down the unobtrusive town merchant by provoking him into a gunfight. The sheriff hears the gunshot and enters the scene. He asks the assembled crowd what had happened, and they relate the story. The sheriff then takes the villain into custody and removes him to the city jail.
Back at the scene of the shooting, usually in a tavern, an individual stands up on a table (this individual by definition is a demagogue) and exhorts the crowd to take the law into its own hands and lynch the villain. The group decides that this is the course of action that they should take (notice that the group now becomes a democracy where the majority rules) and down the street they (now called a mob) go. They reach the jail and demand that the villain be released to their custody. The mob has spoken by majority vote: the villain must hang.
The sheriff appears before the democracy and explains that the villain has the right to a trial by jury. The demagogue counters by explaining that the majority has spoken: the villain must hang. The sheriff explains that his function is to protect the rights of the individual, be he innocent or guilty, until that individual has the opportunity to defend himself in a court of law. The sheriff continues by explaining that the will of the majority cannot deny this individual that right. The demagogue continues to exhort the democracy to lynch the villain, but if the sheriff is persuasive and convinces the democracy that he exists to protect their rights as well, the scene should end as the people leave, convinced of the merits of the arguments of the sheriff.
The republican form of government has triumphed over the democratic form of mob action.
In summary, the sheriff represents the republic, the demagogue the control of the democracy, and the mob the democracy. The republic recognizes that man has certain inalienable rights and that government is created to protect those rights, even from the acts of a majority. Notice that the republic must be persuasive in front of the democracy and that the republic will only continue to exist as long as the people recognize the importance and validity of the concept. Should the people wish to overthrow the republic and the sheriff, they certainly have the power (but not the right) to do so.

But the persuasive nature of the republic’s arguments should convince the mob that it is the preferable form of government.
~A. Ralph Epperson
The Unseen Hand


Our Right To Be Secure
In Our Home
Is Inherent, Inalienable


Most of us have heard of Samuel Adams from America’s revolutionary era. He was a second cousin to President John Adams and the primary agitator that stirred people’s minds and hearts from Boston to Williamsburg. Adams’ agitations were directly responsible for the social conditions that allowed the Revolutionary War to be fought and won.. Loyalists and the British called Adams, John Hancock, Paul Revere, John Adams, Thomas Jefferson, George Washington and the other great men to which we proudly refer as our Founding Fathers, “radicals.”
How many remember a man named James Otis from our history lessons?
James Otis was one of Massachusetts’ most brilliant lawyers in the 1760s. Otis brought about a profound change in Samuel Adams’ philosophical views during a trial in February, 1761. In the name of 63 Boston businessmen, he challenged the authority of what were called Writs of Assistance. Beginning in the 1660s these writs were used by British customs officials to catch smugglers and search for contraband. However, the writs had no expiration date and by the 1760s, British agents enjoyed unbounded authority to go anywhere, search anything and break down any door. Otis observed that the Writs were being executed with the help of Governor Bernard of Massachusetts, who by law received a rake-off of one-third from each auction of impounded property, consequently fingering a fortune.
During the trial, Otis argued that not even Parliament could abrogate the rights of private property or the home of any Englishman, be he even the lowliest, most humble fisherman. What was at stake was the right of a man to his life, to his liberty, and to his property. “This writ is against the fundamental principles of English law!” he asserted. “The lowliest man should be as safe in his home as a prince in his castle...safe from kings, safe from Parliament. The kind of power, the exercise of which, in former periods of English history cost one king of England his head and another his throne,” Otis said, referring to Charles I and James II. In finishing, Otis emphasized the simple argument that was to haunt relations between England and the colonies for the next 15 years: “An act against the constitution is void. An act against natural equity is void.”
Otis spoke hypnotically without a break for more than four hours and lawyers present at the trial talked of that day for the rest of their lives. Sam Adams could recite his words with great emotion. “A law contrary to the Constitution is void. Man’s right to liberty and property is inherent, inalienable. Man’s right to freedom is higher than the state’s right to collect revenue.”
These were some of the true issues that led to the Revolution. Taxation without representation was an issue that followed later. A constitution for the States of America would not be ratified for another 30 years after James Otis made his presentation in 1761.
The present war on terrorism seems to resonate with these same issues with which our forefathers struggled, allowing the excuse for increased search and seizure laws that violate our constitutional rights.

Our 4th amendment right 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.

A Law Contrary To The
Constitution Is Void


The general misconception is that a statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land and any statute, to be valid, must be in agreement.

Constitutional Law 16 Am Jur 2d

Effect of Totally or Partially
Unconstitutional Statutes
1. Total Unconstitutionality
The general rule is that an unconstitutional statute, whether federal or state, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose, since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. No repeal of such an enactment is necessary.

County Government Is The Building Block Of The American Political System

The Constitution for the United States of America is a concept of “Power to the People” and is uniquely American. When the necessary number of the original thirteen colonies ratified the United States Constitution, they established a government in which political power was decentralized. By constitutional contract they surrendered to the federal government only specified powers. Powers not delegated to the federal government were reserved to the States and to the People respectively. Rather than to permit such a logical conclusion from being misunderstood, the 10th amendment so specified that intent. Under this concept of government power is concentrated at the level closest to the People and most responsive to the desires and wishes of the individual.
County government is the building block that forms the basis for this concept of governance and the sheriff, county commissioner and county judge, elected by “the People,” are the local chieftains in the proper functioning of our government.
Our locally-controlled and accountable county governments no longer function properly. This critical building block of the American political system has crumbled under the weight of federal funding that binds our counties to federal mandates. This federal involvement in county business is directly linked to the ever-increasing regulations that are destroying our livelihoods and way of life.
Public officials insist that we must have this federal funding for our roads and other infrastructure needs. If this continues we will no longer have infrastructure needs as we will one day find ourselves regulated out of existence!
If our counties were not bound to economically destructive regulations through acceptance of federal funding, economic opportunity would be greatly enhanced. There would be no need for federal funds. Free of unreasonable federal regulations, industry and jobs will be attracted to our counties and existing business would be able to thrive just like they did before federal encroachment began crumbling the county building block.

Colorado’s Federal Mandate Act Amends State Code

In 1994 Colorado passed both a Resolution and a Federal Mandate Act challenging federal authority. It was signed by the Governor and approved by both the Colorado House and Senate.
Colorado House Joint Resolution 94-1035 reads in part:
Whereas, The 10th Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and
Whereas, The 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
Whereas, The scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and
Whereas, Today, in 1994, the states are in fact treated as agents of the federal government; and
Whereas, Many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and
Whereas, The United States Supreme Court has ruled in New York v United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; now, therefore,
Be it Resolved by the House of Representatives of the Fifty-ninth General Assembly of the State of Colorado, the Senate concurring herein:
(1) That the State of Colorado hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
(2) That this serve as a Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers. [end quote]

Colorado’s Federal Mandate Act (Article 78) amends Colorado state code and reads in part as follows:
24-78-102 Legislative declaration.
(1)(a) In enacting this Article, the General Assembly employs its legislative authority to establish that the people of the State of Colorado, acting through their elected officials in Colorado State Government, have the responsibility and authority to establish policy in and for Colorado pertaining to Federal programs mandated in Federal Statutes.
(1)(c)(II) Any implementation of Federal Policies in and for Colorado by Federal Executive Branch agencies that is contrary to fundamental notions of federalism and self-determination must be identified and countered.
(2)(c) The Tenth Amendment of the United States Constitution directs that powers that are not delegated to the United States are reserved to the states or to the people. Colorado, as one of the sovereign states within the union, has constitutional authority to enact laws protecting the environment of the state and safeguarding the public health, safety, and welfare of the citizens of Colorado. However, this authority has too often been ignored by the Federal Government, as the Federal Government has intruded more and more into areas that must be left to the states. It is essential that the dilution of the authority of the state and local governments be halted and that the provisions of the Tenth Amendment be accorded proper respect.
(2)(d) Current Federal Regulatory Mandates, as reflected in Federal Administrative Regulations, guidelines, and policies, often do not reflect the realities of the Rocky Mountain Region, and Federal Regulators frequently do not understand the needs and priorities of the citizens of Colorado. [end quote]
Note: Passage of Colorado’s 10th Amendment Resolution legitimizes concerns that federal encroachment into states rights are destroying our form of government. Though a step in the right direction, the Colorado resolution, at the state level, is yet too far removed from the People. Similar resolutions must be passed at the county level to reinstate the form of governance envisioned by our Founders.

Some say the Constitution is outdated. We ask what part that may be? Is it the part protecting our right of free speech, of religion, the press? Or is it the 4th Amendment that allows us to be secure in our homes? Perhaps it may be the part providing the right to trial by jury? It would certainly have to be the 2nd Amendment, allowing the People the right to bear arms as a last defense against tyranny in government.

Do Federal Agents Have Arresting Power Without The County Sheriff?

It is only through the county sheriff that an outside agency is permitted to exercise its authority.. The sheriff is the only “chief executive” in his county who has arresting power. Properly executed, the sheriff’s authority can have an immediate effect in bringing federal agencies and public officials to obey the law. The sheriff presents the greatest challenge to the misuse of authority by a central government. However, we have already seen how the use of federal funding obligates county governments to federal mandates. Those mandates are used to justify federal intrusion into the lives of county residents. It is apparent that the trend for the last several years has been in the direction of removing power from the hands of the People at the State and local level and concentrating more and more power over people into the hands of unelected bureaucrats at the federal level.
International bodies are also vehicles being used to erode “People Power” at the local level and circumvent the Constitution. Currently we are seeing federal agencies surrender unconstitutionally-usurped state powers to international bodies such as the United Nations and theWorld Trade Organization.
We the People who elected these officials must demand accountability from them and confront them as to where their loyalties lie. “We” elected them to work for “Us,” and protect “Us” when federal agencies exceed their delegated authority. We did not elect them to conform to the edicts of federal or international bodies. We must exercise “people power” to support and compel them to do their jobs.
Our only recourse to stop the destruction of our constitutional republic is through local government.

The Power and Purpose
of Our Jury System


Jury nullification of law was built into our form of government to make sure that laws must pass the test of popular authority before being enforced. The Constitution provides five separate tribunals with veto power—the House of Representatives, the Senate, the executive agencies, the judiciary and the jury. Each enactment of law must pass muster in all five bodies before it gains the authority to punish those who choose to violate it. Thomas Jefferson said, “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.”
Before our jury system devolved to what we have today, juries had the right to judge both “the law itself” as well as the facts. Our country’s first Chief Justice of the U.S. Supreme Court, John Jay, is quoted saying exactly that in 1789. Also, U.S. Supreme Court Justice Samuel Chase, 1796, and Oliver Wendell Holmes, 1902, are quoted saying the same words. The Jury has the power to judge both the law and the facts. Harlan F. Stone, 12th U.S. Supreme Court Justice, 1941, said, “The law itself is on trial quite as much as the cause which is to be decided.” In State of Georgia v Brailsford, et al, the finding was, “You have a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”
Almost every jury in the country today is falsely instructed by judges when they are told they must accept as the law that which is given to them by the court and that the jury can decide only the facts of the case. If people acting in the name of government are permitted by juries to dictate any law whatever and to dictate what evidence is admissible or inadmissible (which is generally conviction-oriented evidence) then the whole truth is prevented from being considered and the issue of fact becomes virtually irrelevant.
Part of the problem lies with the general misconception that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. Congress can legislate (make law), the president or some other bureaucrat can make an order or issue regulations, and judges may instruct or make a decision, but no juror can ever be punished for voting “Not Guilty.” Any juror can choose to disregard the instructions of any judge or attorney in rendering their vote. Thus, those acting in the name of government must come before the common man to get permission to enforce a law.
Common sense should tell us that without the power to decide what facts, law and evidence are applicable, juries cannot be a protection to the accused and true justice is denied, leaving us with trial by government and not trial by jury.

Paraphrasing George Washington:


Government is like fire. We bring it into our homes to keep us warm, but we build a chimney to keep the fire from consuming us. The Constitution is the chimney that keeps government from consuming us. Has the chimney collapsed, and is our constitutional house on fire?



- I will not be a slave to or of death cults - n/b/k - NO QUARTER FOR CORRUPTION http://investorshub.advfn.com/boards/board.asp?board_id=3319

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