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Showing posts with label Declaration of Independence. Show all posts
Showing posts with label Declaration of Independence. Show all posts

Sunday, September 13, 2009

THE FOUR CARDINAL ERRORS THAT ALMOST DESTROYED AMERICA


PART 1
 
 
 
By Professor Steven Yates
September 13, 2009
NewsWithViews.com

Four Cardinal Errors, as I will call them, have all but destroyed our original Republic, dating from July 4, 1776 with the Declaration of Independence. Error One: the Republic failed to gain full freedom and economic sovereignty from the British Crown, and this state of affairs went unrecognized.Error Two: the country adopted an educational system whose premises were alien to those of a free Republic. Error Three:Americans slowly but steadily lost the “moral religiosity” of its founding traditions, replacing it with a naturalistic materialism also imported from Europe. Error Four: Americans did not recognize the British Fabian Society for what it was, and stayed blind as agents of Fabian permeation gradually assumed control over dominant institutions and occupations in this country. This paved the way for the piece-by-piece erosion of our sovereignty and its replacement by world government (“global governance”).

The first of these will doubtless come as something of a surprise. Please allow me to elaborate. (The second, third and fourth will be dealt with in future installments.)

Cardinal Error One. Our Republic, founded in 1776, failed to retain its full freedom and economic sovereignty from the British Crown—which had long been the wealthiest and most powerful secular entity in the Western world. (See E.C. Knuth,The Empire of the City: The Secret History of British Financial Power, orig. 1944).

I.

Concentrations of power have always been dangerous. This can be as true of private wealth as it is state power; when used to buy and retain the loyalty of heads of state, private wealth is power. Such a system was built up gradually by the Rothschild dynasty in the final third of the 18th century. Mayer Amschel Bauer had been a child prodigy of sorts, growing up in Frankfort-on-the-Main and learning the art of moneylending from his father, Amschel Moses Bauer. The elder Bauer had started a counting house and hung a red shield over the entrance. The Bauers were Ashkenazi Jews, and the red shield was a revolutionary symbol. Young Amschel Mayer’s parents having died from the plague, he was sent to Hanover to work in a major bank. His talent obvious, he became a partner when still in his teens. He returned to Frankfort and bought the family business back. The red shield was still there. He changed his last name to Rothschild (Rott schild = red shield), offered his services as a dealer in rare coins to local heads of state, and as a moneylender. He was soon on his way to becoming fabulously wealthy. He would move with his family into a house shared with the Schiffs, another fabulously wealthy banking dynasty whose most famous progeny would be Jacob Schiff.

Mayer Amschel Rothschild had five sons and five daughters. He trained each son in the science of moneylending, and eventually placed each in a central bank in a major city in Europe: Amschel Mayer stayed in Frankfurt, Salomon Mayer went to Vienna, Nathan Mayer went to London, Kalmann (Karl) Mayer went to Naples, and Jacob (James) Mayer went to Paris. Remaining in close communication, the five Rothschild sons became the first internationalists whose only loyalties were to money, power, and the Rothschild name. Central bankers had adopted fractional reserve banking, the art and science of lending more money than the bank had in reserve—in effect, creating money out of thin air—and then charging interest on it. This had proven to be a road to riches previously undreamt of! Mayer Amschel Rothschild has been quoted: “Allow me to issue and control a nation’s money, and I care not who makes the laws.”

Each Rothschild daughter, meanwhile, married into another wealthy banking house, extending Rothschild influence but without using that name. Within a couple of generations, there were people advancing Rothschild causes who very likely had no idea who they were working for.

The British Crown was, as we already noted, one of the largest repositories of wealth and power in the West. The Crown’s Dutch East Company spanned the globe. It was inevitable that the most talented of the Mayer Amschel’s sons—Nathan Mayer—would establish his bank (N.M. Rothschild & Sons) in the hoary City of London, the heart of Crown territory. Soon, Rothschild influence also spanned the globe.

II.

The colonies established in North America were intended to be commercial entities serving the Crown. The colonists eventually began to chafe at the fact that they were not treated the same as other British citizens. Contrary to what many history books teach, they did not initially want independence from the British Empire. ‘Taxation without representation,’ for example, was obviously not a demand for independence but for equal treatment under British law. Their demands met with no response from King George III, who in 1775 proclaimed the colonies to be in rebellion. (Note that word proclaimed. We will see it again.) By the end of the year, independence stirrings had begun. In early 1776, Thomas Paine published Common Sense. Paine’s tract brazenly attacked the very institution of monarchy and made an eloquent case for independence over reconciliation: “The authority of Great Britain over this continent, is a form of government, which sooner or later must have an end …” And later: “A government of our own is our natural right.” Common Sense was widely read throughout the colonies. A Declaration of Independence was inevitable, as was the war for independence which followed.

Thirteen colonies became a Perpetual Union of sovereign states under the Articles of Confederation—a document creating a highly decentralized society rooted in the assumption that concentrations of power are dangerous. By the mid-1780s, however, the elites within the states were grousing that the federal government established under the Articles was too weak—and to be sure, a number of volatile issues both within and between the states had erupted which it was unclear could be resolved peacefully under the authority of the Articles. It wasn’t clear that the Perpetual Union established under the Articles was sustainable. In 1787 the states sent representatives to the first Constitutional Convention, which met behind closed doors. Its stated purpose was to revise the Articles of Confederation. But why the secrecy? This raised red flags even then.

The representatives emerged after three months with an entirely new document, the Constitution of the United States of America. When asked by a woman what kind of government this Constitution created, monarchy or republic, Benjamin Franklin famously replied, “A Republic, if you can keep it.” One thing was for sure: the Constitution had created a stronger central government than its predecessor. It is unfortunate that Thomas Jefferson had been in Europe while this was going on. Had he participated in the Constitutional Convention, it is at least possible that the resulting Constitution and all subsequent history might look very different.

To be adopted, the new Constitution needed ratification by nine of the thirteen states. James Madison, John Jay and Alexander Hamilton penned The Federalist Papers making a public case for ratification. Others—whom history labels the “Anti-Federalists”—smelled a rat and argued against the Constitution’s ratification. Authors such as Richard Henry Lee and Robert Yates (no known ancestral relation to the present author) among others circulated numerous statements contending, among other things, that the Constitution contained too many loopholes which those who wanted a still larger central government would eventually climb through. Among their worries was the lack of an explicit statement of people’s natural rights which the federal government was obligated to respect. Statesmen like George Mason paid attention. A compromise was reached: a Bill of Rights (first ten amendments to the Constitution) was inserted.

In light of history, this wasn’t enough. History has validated the fears of the “Anti-Federalists.” But alas, we get ahead of ourselves.

The Constitution created a new system of government, one stronger and more centralized than that of the Articles but still limited. The federal government was to have three branches, each with specific delegated powers—or, better, responsibilities, since the overriding aim of having a Constitution was to contain power by creating a balance of powers within the federal government itself; and with dual sovereignty—the central concept of true federalism in which the powers of the federal government were few and carefully defined while the rest was left to the states (Ninth and Tenth Amendments).

Among the responsibilities assigned to Congress was to “coin money and regulate the value thereof.” Article I Section 8 did not authorize Congress to delegate this responsibility to any private entity or public-private partnership. This clause in the Constitution was abrogated almost at once by Thomas Jefferson’s arch foe Alexander Hamilton, allowed to create the first Bank of the United States over Jefferson’s explicit objections. Jefferson’s warnings about central bankers, doubtless based on first hand observations from his time in Europe, are well known.

It is likely that the European banking elite—centered in dynasties such as that of Rothschild and Schiff—wanted to destroy the fledgling Republic across the ocean right from the start. They would bring it under their control, or else! The Treaty of Paris of 1783 had officially ended the war, but His Brittanick Majesty’s overbearing presence remained, including on U.S. soil. President George Washington, seeking to avoid renewed hostilities with the still-powerful British war machine, sent John Jay to London to work out a new treaty that would diffuse the danger of renewed conflict. This treaty—virtually forgotten by historians today—became known as the Jay Treaty and was very controversial in its time. It was signed in London on November 19, 1794. Back in the states, it was submitted to our Senate on June 8 the following year and provoked an angry and rancorous debate. It was finally passed on June 24 (the vote was 20 – 10). The House passed it on August 14, 1795. Then it was sent back to the British. Great Britain ratified it on October 28, 1795; His Brittanick Majesty proclaimed it on February 29, 1796.

Time out! Remember that word proclaimed? What, precisely, do we mean, proclaimed? There was no basis for a recognition of proclaimed in the Constitution! Proclaiming was something done by British royalty, not Constitutional Republics!

What this means is bound to be startling, even to Patriots who believe they’ve seen everything! In the last analysis, given that it was proclaimed, the Jay Treaty is more a British document than an American one. His Brittanick Majesty ended the American War for Independence on February 29, 1796—with a treaty that does not explicitly assent to U.S. sovereignty and independence. Rather, it establishes “a firm inviolable and universal Peace, and a true and sincere Friendship between His Brittanick Majesty, His Heirs and Successors, and the United States of America …” Had Americans just fought a war for independence only to have established an ambiguous “Friendship” with the Crown, one that is “inviolable”?

The disturbing question that should pull us all out of our comfort zones: in this last analysis, did the United States of America remain, however covertly, under the thumb of the British Crown? Were Americans merely allowed to believe they had attained full sovereignty?

A final note about the Jay Treaty. Its Articles V, VI and VII of the Jay Treaty establish the first international mixed commissions, to resolve disputes not yet resolved through negotiation. This set an important precedent for later “commissions of inquiry” with autonomous decision-making power.

III.

Remember that Alexander Hamilton’s Bank of the United States was in operation by this time. Hamilton had defended what amounts to mercantilism in Federalist #12. Unlike Jefferson and the “Anti-Federalists” he wanted a centralized and activist government. Was Hamilton secretly working for the Crown, and therefore also for the Rothschilds? His goals aligned with theirs, and the future was open to the very meddling by European bankers about which Jefferson was warning everyone who would listen. A few historians believe Nathan Meyer Rothschild ordered the War of 1812 as punishment for our refusal to recharter Hamilton’s bank (so much for the “inviolability” of the Friendship Treaty from the Crown’s point of view). Wars, of course, create debt; central banking, to create the money to pay the debt, becomes an irresistible temptation. The Second Bank of the United States was chartered in 1816. Rothschild agents John Jacob Astor, Stephen Girard, and David Parish were placed in charge. With Nathan at the helm, the Rothschilds ascended to full power during the first two decades of the 1800s—especially with the insider-trading stunt he pulled with the Battle of Waterloo which made him Great Britain’s richest man.

President Andrew Jackson—a hero of that war following his victory in the Battle of New Orleans—would shut down the Second Bank of the United States having denounced the institution as “a den of vipers and thieves.” This was the culmination of his protracted battle with Rothschild agent Nicholas Biddle, who had assumed the Bank’s presidency in the 1820s. The bankers retaliated by causing a near-depression that severely damaged the remainder of Jackson’s presidency. He would survive an assassination attempt on January 30, 1835. His would-have-been assassin admitted working for “foreign interests.”

While we had no central bank during the decades which ensued, we also had no means to prevent Rothschild meddling in American affairs. For example, Rothschild agent August Schoenberg came to our shores and changed his last name toBelmont. He began purchasing government bonds, rose in wealth and stature through his firm August Belmont & Co., and eventually became an advisor to the White House. John Slidell, another Rothschild agent, had been a merchant in New York before relocating to New Orleans to build up a law practice. He would serve in the Louisiana House of Representatives. Finally, Judah Benjamin was a Rothschild agent who would rise to become Jefferson Davis’s chief advisor. Yes, we now have pretty good evidence that the attempt to divide the U.S. in two was a Rothschild scheme from the get-go. The emerging battle over slavery served as a convenient issue on which to focus public attention. Those with real power couldn’t care less about such things as the treatment of minority groups unless it creates a wedge issue they can use.

Fractional money flowed into the coffers of corporations that built the industrial revolution that transformed the Northern states during the second third of the 1800s. This process took people off the land they had farmed and sent them into burgeoning cities. It created a fundamentally different culture. Invariably, people began to lose touch with the land and would eventually lose the ability their ancestors possessed to live off the land. The North’s commitment to industry versus the South’s preference for an agrarian economy also helped set the stage for dividing America into two separate nations that could be more easily brought under Rothschild/Crown control.

Was the most violent war ever fought on U.S. soil really orchestrated from overseas, or is this just a “conspiracy theory”? Consider what Otto Bismarck (a protégé of Frankfort’s Amschel Mayer Rothschild) would say in 1876: “The division of the United States into federations of equal force was decided long before the Civil War by the high financial powers of Europe. These bankers were afraid that the United States, if they remained in one block and as one nation, would attain economic and financial independence, which would upset their financial domination over the world. The voice of the Rothschilds prevailed… Therefore they sent their emissaries into the field to exploit the question of slavery and to open an abyss between the two sections of the Union.”

Abraham Lincoln thwarted the division of the U.S. into two separate nations—and kept the nation out of debt to foreign bankers by printing Greenbacks. He’d had to sign a National Banking Act (1863) as a wartime measure, however, and this was a step back toward a central bank. Some recent treatments of Lincoln portray him as a ruthless and unscrupulous tyrant (see, e.g., Thomas DiLorenzo’s The Real Lincoln, 2002). In a sense, he was between a rock and a hard place. By using brute force to bring the Confederacy back into the Union he thwarted the Rothschild scheme but there was a steep price: the end of dual sovereignty and hence of true federalism. The federal government ascended to its present status as dominant over the states. The consolidation of federal power (which should have become known as central power) proved to be permanent. The South, ravaged by war, descended into poverty. For all this, there are Southerners who have never forgiven Lincoln. On the other hand, had he allowed Southern secession to stand, this would have given the Rothschilds what they wanted—and heralded an uncertain future for both societies in which neither would have enjoyed what sovereignty they had for very long. Lincoln seems to have known what was really going on. In an 1865 statement he told Congress, “I have two great enemies, the Southern Army in front of me, and the financial institutions in the rear. Of the two, the one in my rear is my greatest foe.”

Lincoln made other remarks suggesting that he believed his life would end violently, with an assassination. He knew he had made enemies who had no scruples about murdering those who interfered with their plans. Not long before his assassination he wrote: “The money power preys upon the nation in times of peace and conspires against it in times of adversity. It is more despotic than monarchy, more insolent than autocracy, more selfish than bureaucracy. I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. Corporations have been enthroned, an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until the wealth is aggregated in a few hands and the Republic is destroyed.”

Suffice it to say: a major treaty ending our initial conflict with Great Britain in the late 1700s was proclaimed (not simply signed or ratified). The money that grew U.S. industry in the 1800s came from Great Britain—a great deal of it came specifically from that powerful family ensconced in the City of London: the Rothschilds. The effort to divide the nation also appears to have emanated from the Rothschild/Crown axis. Even though the Rothschild/Crown axis lost that battle, the question remains: was our Republic ever truly sovereign and free of Rothschild/Crown interests? It appears not! To be sure, we believed we were free. We generally acted as if we were free! But were we merely allowed to believe we were free while in truth remaining the Crown’s biggest covert colony?

© 2009 Steven Yates - All Rights Reserved

Steven Yates has a doctorate in philosophy and has taught the subject at a number of Southeastern colleges and universities. He is the author of two books: Civil Wrongs: What Went Wrong With Affirmative Action (1994) and Worldviews: Christian Theism versus Modern Materialism (2005). His articles and reviews have appeared in refereed philosophy journals such as Inquiry, Metaphilosophy, Reason Papers, and Public Affairs Quarterly, as well as on a number of sites on the Web. He also writes regular columns for a conservative weekly, The Times Examiner. He lives in Greenville, South Carolina with two spoiled cats, Bo and Misty
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Saturday, July 4, 2009

This American Revolution: Thoughts on What’s Really American or UnAmerican!

On this Independence Day while most people are thinking of BBQ's and fireworks, I am asking you to think about what your personal freedom means to you. This an excellent assay, except the part about being a proud "Democracy". This nation was founded as a Constitutional REPUBLIC and NOT a democracy, but it was changed to a representative democracy under FDR leaving the power with politicians instead of the people.

A timely essay to forward and share with folks of all walks:
This American Revolution
Thoughts on What’s Really American or UnAmerican!
 gadsden-flag-2.jpg
by Jesse Hardin
canyonfamily@gmail.com
Whether you love the spirit of it or hate its martial airs,  the 4th of July is one of the most meaningful of holidays, commemorating as it does a time when an empowered populous chose freedom and regional self determination over the rules and benefits of the British empire, when mostly good and brave hearted people opted to be outlaws rather than kowtow to what they saw as intrusive and unjust regulation from afar.  1776 was a time of revolutionary ideas, personal courage and individual liberty, a true high mark that we have slipped further away from every decade since.
This country was founded in the spirit of acting on one’s personal conscience.  Belief in oneself, taking care of the family, love of the land, loyalty to one’s place.  Personal initiative, willing risk, daring adventure, and attempting the seemingly impossible.  Regionalism, self sufficiency and home rule.  While I am distinctly a Libertarian not a nationalist, I must point out to every proud flag-waver that it is characteristically American and wholly patriotic to question, provoke and resist authority.  To stand out from the crowd, dare to look or act different from the prevailing trend or fads.  To listen and respond to the needs of our hearts.  To heed not rules and orders so much as what we instinctively know to be right and wrong.  To choose freedom and opportunity over “security” and regulation.  To mouth off and make waves.  To prefer disorganized, ineffectual and contending political interests over uni-body, uni-voice, all powerful, uncontested government.   To do whatever the hell we want, so long as it does not harm or impinge upon the freedoms of others.  To be compassionate but firm, peaceful by nature but fierce when defending what matters, deeply loving yet impressively strong.
And while I get sick and tired of hearing people, groups and ideas conveniently labeled “UnAmerican” all the time, I must say that if anything it is UnAmerican to conform, blend in or lay-back.  To acquiesce, surrender, or compromise our core personal beliefs.  To give up our dreams in order to make life easier for us, or change who we really are in order to be accepted by anybody or anything.  To believe everything we read or automatically assume the media or government know best.  To buckle under pressure, be blindly obedient or bow to vested authorities when when we know they have it wrong.  While we are a proud democracy, it is nonetheless patently UnAmerican for us to assume the opinions of the majority are necessarily correct, or that “going with the flow” is always the best way to go.  And while we honor the rule of law, we must still choose doing right even it means being labeled outlaws.
When Thomas Jefferson spoke about the need for a new revolution every generation, he was not talking about revolutionary technological leaps, “revolutionary legislation,” a “revolutionary new administration” or “revolutionary new prices.”  He was pointing to no less than the periodic overturning of established political interests, preventing the solidification of power in the hands of any special interest group, making sure that national or global interests never run roughshod over local communities and concerns, ensuring that conscience and not finance be the primary determining factor in deciding the direction this country goes.  He saw the benefits of fractious discourse and stalled regulation, disagreement and dissension.  And he was also aware of the danger of monolithic systems as well as elite amalgams such as the largest international corporations have become.
By Thomas’ measure, we are several generations late in doing the work of revolution: reconfiguring, re-evolving, reinventing, recreating, and making real again.  He knew this was not a matter of shifting trends so much as becoming new and honest over and over again, through the sacrifices and efforts of wild eyed patriots as we have always been called, and even if it means the shedding our American blood.  Resistance and rethinking are not simply tales of history that we wax nostalgic about, it is our patriotic calling.  While enjoying the festivities of July 4th, let us hear in the explosions of fireworks the thunder that awakens, and recognize in the colorful displays the infinite possibilities that await.
(share as you will… and always act on your conscience)

Tuesday, March 24, 2009

Jurors' Handbook: A Citizens Guide to Jury Duty

Did you know that you qualify for another, much more powerful vote than the one which you cast on election day? This opportunity comes when you are selected for jury duty, a position of honor for over 700 years.

The principle of a Common Law Jury or Jury of your Peers was first established on June 15, 1215 at Runnymede, England when King John signed the Magna Carta, or Great Charter of our Liberties. It created the basis for our Constitutional, system of Justice.

Jury Power in the System of Checks and Balances

In a Constitutional system of justice, such as ours, there is a judicial body with more power than Congress, the President, or even the Supreme Court. Yes, the jury of your peers protected under our Constitution has more power than all these government officials. This is because they have the final veto power over all "acts of the legislature" that may come to be called "laws."

In fact, the power of jury nullification predates our Constitution. In November of 1734, a printer named John Peter Zenger was arrested for seditious libel against his Majesty's government. At that time, a law of the Colony of New York forbid any publication without prior government approval. Freedom of the press was not enjoyed by the early colonialists! Zenger, however, defied this censorship and published articles strongly critical of New York colonial rule.

When brought to trial in August of 1735, Zenger admitted publishing the offending articles, but argued that the truth of the facts stated justified their publication. The judge instructed the jury that truth is not justification for libel. Rather, truth makes the libel more vicious, for public unrest is more likely to follow true, rather than false claims of bad governance. And since the defendant had admitted to the "fact" of publication, only a question of "law" remained.

Then, as now, the judge said the "issue of law" was for the court to determine, and he instructed the jury to find the defendant guilty. It took only ten minutes for the jury to disregard the judge's instructions on the law and find Zenger NOT GUILTY.

That is the power of the jury at work; the power to decide the issues of law under which the defendant is charged, as well as the facts. In our system of checks and balances, the jury is our final check, the people's last safegard against unjust law and tyranny.

A Jury's Rights, Powers, and Duties

But does the jury's power to veto bad laws exist under our Constitution?

It certainly does! In the February term of 1794, the Supreme Court conducted a jury trial in the case of the State of Georgia vs. Brailsford (3 Dall 1). The instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." (emphasis added) "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".

So you see, in an American courtroom there are in a sense twelve judges in attendance, not just one. And they are there with the power to review the "law" as well as the "facts!" Actually, the "judge" is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.

As recently as 1972, the U.S. Court of Appeals for the District of Columbia said that the jury has an "unreviewable and unreversible power... to acquit in disregard of the instructions on the law given by the trial judge..." (US vs Dougherty, 473 F 2d 1113, 1139 (1972))

Or as this same truth was stated in a earlier decision by the United States Court of Appeals for the District of Maryland: "We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision." (US vs Moylan, 417 F 2d 1002, 1006 (1969)).

YOU, as a juror armed with the knowledge of the purpose of a jury trial, and the knowledge of what your Rights, powers, and duties really are, can with your single vote of not guilty nullify or invalidate any law involved in that case. Because a jury's guilty decision must be unanimous, it takes only one vote to effectively nullify a bad "act of the legislature." Your one vote can "hang" a jury; and although it won't be an acquittal, at least the defendant will not be convicted of violating an unjust or unconstitutional law.

The government cannot deprive anyone of "Liberty", without your consent!

If you feel the statute involved in any criminal case being tried before you is unfair, or that it infringes upon the defendant's God-given inalienable or Constitutional rights, you can affirm that the offending statute is really no law at all and that the violation of it is no crime; for no man is bound to obey an unjust command. In other words, if the defendant has disobeyed some man-made criminal statute, and the statute is unjust, the defendant has in substance, committed no crime. Jurors, having ruled then on the justice of the law involved and finding it opposed in whole or in part to their own natural concept of what is basically right, are bound to hold for the acquittal of said defendant.

It is your responsibility to insist that your vote of not guilty be respected by all other members of the jury. For you are not there as a fool, merely to agree with the majority, but as a qualified judge in your right to see that justice is done. Regardless of the pressures or abuse that may be applied to you by any or all members of the jury with whom you may in good conscience disagree, you can await the reading of the verdict secure in the knowledge you have voted your conscience and convictions, not those of someone else.

So you see, as a juror, you are one of a panel of twelve judges with the responsibility of protecting all innocent Americans from unjust laws.

Jurors Must Know Their Rights

You must know your rights! Because, once selected for jury duty, nobody will inform you of your power to judge both law and fact. In fact, the judge's instructions to the jury may be to the contrary. Another quote from US vs Dougherty (cited earlier): "The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a necessary counter to case-hardened judges and arbitrary prosecutors, does not establish as an imperative that the jury must be informed by the judge of that power".

Look at that quote again. the court ruled jurors have the right to decide the law, but they don't have to be told about it. It may sound hypocritical, but the Dougherty decision conforms to an 1895 Supreme Court decision that held the same thing. In Sparf vs US (156 US 51), the court ruled that although juries have the right to ignore a judge's instructions on the law, they don't have to be aware of the right to do so.

Is this Supreme Court ruling as unfair as it appears on the surface? It may be, but the logic behind such a decision is plain enough.

In our Constitutional Republic (note I didn't say democracy) the people have granted certain limited powers to government, preserving and retaining their God-given inalienable rights. So, if it is indeed the juror's right to decide the law, then the citizens should know what their rights are. They need not be told by the courts. After all, the Constitution makes us the masters of the public servants. Should a servant have to tell a master what his rights are? Of course not, it's our responsibility to know what our rights are!

The idea that juries are to judge only the "facts" is absurd and contrary to historical fact and law. Are juries present only as mere pawns to rubber stamp tyrannical acts of the government? We The People wrote the supreme law of the land, the Constitution, to "secure the blessings of liberty to ourselves and our posterity." Who better can unbiasly decide the fairness of the laws, or whether the laws conform to the Constitution?

Our Defense - JURY POWER

Sometime in the future, you may be called upon to sit in judgement of a sincere individual being prosecuted (persecuted?) for trying to exercise his or her Rights, or trying to defend the Constitution. If so, remember that in 1804, Samuel Chase, Supreme Court Justice and signer of the Declaration of Independence said: "The jury has the Right to judge both the law and the facts". And also keep in mind that "either we all hang together, or we most assuredly will all hang separately."

You now understand how the average citizen can help keep in check the power of government and bring to a halt the enforcement of tyrannical laws. Unfortunately, very few people know or understand this power which they as Americans possess to nullify oppressive acts of the legislature.

America, the Constitution and your individual rights are under attack! Will you defend them? READ THE CONSTITUTION, KNOW YOUR RIGHTS! Remember, if you don't know what your Rights are, you haven't got any!

Also read:

Jury Nullification- The Top Secret Constitutional Right

http://www.caught.net/juror.htm