Newsletter

Volume 1 - Issue 5

The Florida League of the South

Constitutional Rights - Fact or Fiction?

Part 3 in a series - by Publius II

It is true, there is much more goings-on than first meets the eye in our effort to know and understand just how it is we think our Rights have been slowly and incrementally lost with the passing of each new law. Seemingly restricting still more of what we thought were our Natural Rights. A perfect example, as mentioned previously, would be the Second Amendment Right of the People to keep and bear Arms. Of course it doesn't stop there. There are many other Rights we feel are being taken away or regulated to the point we think there is no real Right, but instead, some sort of partial or controlled privilege.

Today, many people are asking, how does the government continue to get away with taxing my life, regulating my guns, confiscating my property, licensing my business, claiming a right of the state over my children, etc? And yet no one of authority bothers to respond to these questions with any semblance of a direct and definitive answer. Though for some reason, we believe and accept whatever they say, when we should challenge them; or better yet, find out for ourselves. 

The Declaration of Independence, The Articles of Confederation, The Constitution of the United States and the Bill of Rights, all clearly state I have a Right to all of these things and more. That is, either one has a Right to do something or one does not. If a Right can be taxed, regulated or licensed then how can it be a Right at all?.

To fully understand the answer to these perplexing questions, one surely must start at the very beginning, referring to our organic documents, which came about as a result of the will and sacrifice of the American People during the Revolution. We will go through each of these documents, presenting to you the essence of each as they relate to your Natural Rights and to each other. Since they are, and must be, interconnected. Meaning, each begets the need for the next and must be authorized according to the terms and conditions as set forth in each document. 

Some facts to keep in mind as we travel through this maze of legal meaning and how it affects our Natural status as "Sovereign" People in our own right and as "Citizens of any one of the several States of the Union": 

    We declared and won our independence from the King of England. 
    There were, at that time, thirteen separate and independent colonies (states or nations). 
    Each colony elected representatives to a Continental Congress for the purpose of throwing off British Rule over the Colonies in order to establish a new nation between the several States with a national government to replace the King, for their common defense, and to provide a balance of laws for fair and equitable intercourse between the several States and the People. 
    The King surrendered to each colony separately, leaving each colony independent in its own right, with respect to all other nations (states), not just the British, and with the People now the "sovereign" (King over his own land - property)
The first term we should come to know is - SOVEREIGN. 

Sovereignty is the status fought for and won by our forefathers from the British Empire, and has since become the birthright of all Natural Born Citizens of this Union of the several States, and via the Constitution, we extend this status to foreign-born persons through our naturalization laws. 

Black's Law Dictionary (6th edition)

Sovereign: "A person, body, or state in which independent authority is vested; a chief ruler with supreme power; a king or other ruler in a monarchy." 

At the time of the Revolution, the King of England was the Sovereign and the people within the Colonies were his subjects. The King owned the land, not the people. He alone had the authority to rule over all of his land. After the colonies won the war with Britain, the people wanted a different status which did not call for them to serve any man, King or body government, allowing the People to own the land (to be a Sovereign). 

In this country, sovereignty exists on several levels, which in itself goes to confuse the real issue of individual sovereignty and is recognized in a hierarchical fashion. First comes the Creator (the Nature of Man) and then comes the People (a Creature of Nature) and only then comes the state and thus the various levels of government (both creatures of Man).

Therefore, sovereignty, is dependant upon the authority by which it was created or assumed and extends only to within its jurisdiction. There is no such thing as Sovereignty outside one's authority (jurisdiction). Except by consent or force. Which, as you shall see, is the very point of this lesson. To show how you have come to consent and are then forced to obey. 

The understanding of this Natural hierarchical order is the very foundation of our system of self-governance. It all works from the top down, not the bottom up. We have forgotten this simple, yet most significant fact. It is time to recall it and to reapply it. Not to, can only mean more of the same. More intrusions upon your Natural Rights by the very government "We the People" created via our democratic/republic process. 

Black's Law Dictionary (6th edition)

Democracy: That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished for a monarchy, aristocracy, or oligarchy. 

Republic: A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its form of government. 

It should not be confused at this point, that Democracy in itself is superior to the Individual Rights of the People. Meaning, Democracy in this country is not about the majority being able to regulate the Natural Rights of the Individual. It is only about the way in which we elect our representatives, who go on, in a democratic way, to manage the affairs of the federal (central) government, which has the primary responsibility of protecting and defending our Individual and Natural Rights as a People and as a State. Otherwise, what we have is nothing more than "mob rule" or, "tyranny by the majority."

Keeping in mind that the States were guaranteed a Republic form of government wherein, the People chose from amongst themselves who shall be elected to public office to represent the interest of the People. Notwithstanding, the People are still individually sovereign over their Natural Rights, including their own property and the States are also individually sovereign and independent from all other States and the United States, except of course as authorized by their respective Constitutions. Additionally the Untied States is also sovereign in its own right with respect to other nations as authorized by the Articles of Confederation and reiterated within the Constitution of the United States. 

To summarize, Natural Rights are not negotiable by the majority nor does the government have any authority over them. It simply cannot be overstated, Natural Rights are Individual Rights; they are Unalienable (not capable of being taken away). 

Constitution; Article IV, Section 4 

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. [Boldface added] 

Only the Individual can waive his or her own Rights away. 

As a matter of Constitutional Law, there is no authority given, which consents to any level of government, the means to force anyone to relinquish his or her Individual Rights. Except in: 

Constitution; Article I Section 9 Clause 2: 

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. 

This has only happened once in the history of our Nation. President Lincoln, via Executive Order, imposed this Article during the War Between the States. The effect was to deny the People of the Union of the then united States their Constitutional Right to petition the courts for relief, in matters of equity, under the Common Law, to be tried by a jury of their peer. Remember, the Common Law is the only Law guaranteed to the People.  This, of course is a legislative power that the President ursurped and which Congress subsequently handed over to the Executive by way of an ex post facto Act.
 

The effect of this suspension of Right to Habeas Corpus, was to force the People to become subject only to the federal government and its jurisdiction, just as we had been under the King, not the Common Law. 

Of course,  this Executive Order was later rescinded, shortly after the War. President Johnson was later impeached and then threatened with conviction if he continued with his opposition to the ratification of the Fourteenth Amendment, which as you shall soon come to realize in a future installment on this controversial Amendment, is the root of all our problems today 

In The Next Issue: The Declaration of Independence.  Stay Tuned 
 

Florida Facts

October 7, 1861 - Madison Starke Perry turned the reins of state government over to Governor John Milton, the fifth governor of Florida (October 7, 1861-April 1, 1865)  Milton, who was born on April 20, 1807, in Jefferson County, Georgia, was a lawyer who practiced in Georgia, Alabama, and New Orleans before coming to Florida as the captain of a volunteer company in the Seminole War.  In 1846, he moved to Jackson County.  In politics, Milton was a powerful Democrat and an ardent states' righter.  In 1850, Milton was elected to the Florida House of Representatives. 

               An early secessionist, Milton was instrumental in leading Florida out of the Union (3rd southern state to do so) and he encouraged Governor Perry to seize Federal military establishments in the state.

               During the War for Southern Independence, Milton cooperated with Confederate authorities, unlike some other southern governors.  He worked with Commissary Agent Pleasant W. White to forward Florida cattle and salt to Confederate armies.

               When the Confederacy collapsed, Milton retired to his home near Marianna, and, on April 1, 1865, he put a gun to his head and pulled the trigger. In his last statement to the Florida Legislature, he  stated that  "...death would be preferable to reunion."

October 6, 1862 - Floridians are voting today for state offices (Senate and House of Representatives) under the new Confederate Constitution of Florida..


This Week's Quiz
 
How's your knowledge of United States history?

The date is February 21, 1871 and the Forty-First Congress is in session. Refer to the "Acts of the Forty-First Congress," Section 34, Session III, chapters 61 and 62. On this date in the history of our nation, Congress passed an Act known simply as the 'Act of 1871". What was the official title of this act?
 
This act caused a drastic change in the direction of the United States
 
Email your answer to NEFLOS@net-host.net .  The first correct answer will win a free Florida State Flag, suitable for outdoor display of your patriotism

Answer to last quiz: John C. Calhoun

Many good answers were received but no one had the correct one.


What's Your Southern Sign?

OKRA (Dec 22 - Jan 20)
 
Although you appear crude, you are actually very slick
on the inside. Okras have tremendous influence. An
older Okra can look back over his life and see the
seeds of his influence everywhere. Stay away from Moon
Pies.
 
CHITLIN (Jan 21 - Feb 19)
 
Chitlins come from humble backgrounds. A chitlin,
however, can make something of himself if he's
motivated and has lots of seasoning. In dealing with
Chitlins, be careful! They can erupt like Mount
Vesuvius. Chitlins are best with Catfish and Okra.
 
BOLL WEEVIL (Feb 20 - Mar 20)
 
You have an overwhelming curiosity. You're unsatisfied
with the surface of things, and you feel the need to
bore deep into the interior of everything. Needless to
say, you are very intense and driven as if you had
some inner hunger. Nobody in their right mind is going
to marry you, so don't worry about it.
 
MOON PIE (Mar 21 - April 20)
 
You're the type that spends a lot of time on the front
porch. It's a cinch to recognize the physical
appearance of Moon Pies. Big and round are the key
words here. You should marry anybody who you can get
remotely interested in the idea. It's not going to be
easy. This might be the year to think about aerobics.
Maybe not.
 
POSSUM (APR 21 - May 21)
 
When confronted with life's difficulties, 'possums
have a marked Tendency to withdraw and develop a
don't-bother-me-about-it attitude. Sometimes you
become so withdrawn, people actually think you're
dead. This strategy is probably not psychologically
healthy, but seems to work for you. One day, however,
it won't work and you may find your problems actually
running you over.
 
CRAWFISH (May 22 - June 21)
 
Crawfish is a water sign. If you work in an office,
you're always hanging around the water cooler.
Crawfish prefer the beach to the mountains, the pool
to the golf course, the bathtub to the living room.
You tend to be not particularly attractive physically,
but you have very, very good heads.
 
 
COLLARDS (June 22 - July 23)
 
Collards have a genius for communication. They love to
get in the "melting pot" of life and share their
essence with the essence of those around them.
Collards make good social workers, psychologists, and
baseball managers. As far as your personal life goes,
if you are Collards, stay away from Moon Pies. It just
won't work. Save yourself a lot of heartache.
 
CATFISH (July 24 - Aug 23)
 
Catfish are traditionalists in matters of the heart,
although one whiskers may cause problems for loved
ones. You catfish are never easy people to understand.
You prefer the muddy bottoms to the clear surface of
life. Above all else, Catfish should stay away from
Moon Pies.
 
GRITS (Aug 24 - Sept 23)
 
Your highest aim is to be with others like yourself.
You like to huddle together with a big crowd of other
Grits. You love to travel though, so maybe you should
think about joining a club. Where do you like to go?
Anywhere they have cheese or gravy or bacon or butter
or eggs. If you can go somewhere where they have all
these things, that serves you well.
 
BOILED PEANUTS (Sept 24 - Oct 23)
 
You have a passionate desire to help your fellow
man. Unfortunately, those who know you best, your
friends and loved ones- may find that your
personality is much too salty, and their criticism
will probably affect you deeply because you are really
much softer than you appear. You should go right ahead
and marry anybody you want to because in a certain
way, yours is a charmed life. On the road of life, you
can be sure that people will always pull over and stop
for you.
 
BUTTER BEAN (October 24 - Nov 22)
 
Always invite a Butter Bean because Butter Beans get
along well with everybody. You, as a Butter Bean,
should be proud. You've grown on the vine of life and
you feel at home no matter what the setting. You can
sit next to anybody. However, you, too, shouldn't have
anything to do with Moon Pies.
 
ARMADILLO (Nov 23 - Dec 21)
 
You have a tendency to develop a tough exterior, but
you are actually quite gentle. A good evening for you?
Old friends, a fire, some roots, fruit, worms and
insects. You are a throwback. You're not concerned
with today's fashions and trends. You're not concerned
with anything about today. You're really almost
prehistoric in your interests and Behavior patterns.
You probably want to marry another Armadillo,
but Possum is another somewhat kinky, mating possibility.
 
 

Are we responsible for our neighbor's actions?

Ezekiel 33:7-9
So you, son of man, I have made a watchman for the house of Israel. Whenever you hear a word from my mouth, you shall give them warning from me. If I say to the wicked, O wicked one, you shall surely die, and you do not speak to warn the wicked to turn from his way, that wicked person shall die in his iniquity, but his blood I will require at your hand. But if you warn the wicked to turn from his way, and he does not turn from his way, that person shall die in his iniquity, but you will have delivered your soul.

Let us hear from you

We welcome your input. If there is a subject you are particularly interested in, please let us know.

Email us at Letters From Our Readers  We will feature your concerns in a future issue.


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