Right To Private Property – Fifth Amendment United States Constitution

Remember Cliven Bundy And LeVoy Finicum

They indicted Cliven Bundy for defending his land and his son later went to Oregon and took over empty government buildings and the confrontation was on.  Federal agents shot spokesman LeVoy Finicum dead.  Video of the situation here  The second video is the best because it reveals the local town hall meeting.  Bundy and Finicum and company were not locals.  I have seen film of the Finicum shooting and it is clearly not murder as it was claimed.  It was an unfortunate incident caused by his own foolish behavior.

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The fact is, however, the federal government owns most of the land in Oregon and other Western States as opposed to it owning only 4% of land east of the Mississippi River.

But I said then, “This is wrong place and the wrong time for this fight and they’re going about it in the wrong way.”  Bet Levoy Finicum agrees.

NY Times explains

Bureau Of Land Management 247.3
Forest Service                             192.9
Fish and Wildlife Service           89.1
National Parks System               79.6″

“As conservation became a more important public policy goal, and politicians became concerned about substantial corruption [They must have been left out of the profit in those deals.  CQ] involved in earlier land sales, efforts to hand over large tracts of federal land slowed. Some land was set aside for parks, wilderness and conservation.

Much of the 247 million acres managed by the Bureau of Land Management is available for leases to ranchers seeking grass for their cattle and to companies that extract minerals or oil. The Malheur National Wildlife Refuge in Oregon, where Ammon Bundy and his supporters have occupied a building this week, is set aside as conservation land, where no development can take place. The federal land in Nevada that was central to Cliven Bundy’s 2014 dispute with federal officials was available for grazing to cattlemen willing to pay a lease fee, but with restrictions meant to protect the endangered desert tortoise.”  NY TIMES

Let’s cut to the chase.  The right to private property is actually the foundation of freedom.  If the government you live under can silence your speech yet cannot remove you from your property nor your property from you then you are still free to go about your business.

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Solzhenitsyn on Ruinous Revolution

Two days ago I quoted Solzhenitsyn on his simple statement as to why the “Ruinous Revolution” happened in the Soviet Union.  Aleksandr said he merely needed to repeat:

“Because men have forgotten God.  That is why this has happened.”

Just for certifying my position, to myself, I read a couple of Dissertations online today around Solzhenitsyn and his warnings to Russia and the United States.  Then of course we end up in the tall weeds of the wordiness with which academics have replace logically founded thought.

Constitution Written Simply

Why is the Constitution of the United States written in simple language?  Because it is easily understood by the common man.  It was not written for lawyers.  It starts with “We the People” and after the preamble it starts into the Bill of Rights.  These were “once upon a time” individual rights laid out in simple language, once again, written for the common men of the Union the document forms.

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It is an incorporation of 13 states ratified in each as according to the populace through their legislatures.  Then further states ratified the Constitution adding themselves to the Union.  It is the most important political document since the Magna Carta whereby the Nobles in that country told the king you will obey these protections we demand.

The Bill Of Rights

The Bill of rights are aimed at the common moral shortcomings of leadership through history and the abusive use of their (kings) powers they had witnessed across Europe.  The Bill of Rights in the U.S. Constitution are directives to government officials defining the boundaries they are not to breech in regard to the rights the Amendments lay out very simply.

We saw yesterday in the jurisprudence of the U.S. Supreme Court there is no such thing as “hate speech” from a legal viewpoint.  The pathology on both sides is abuse.  It did not originate with “we the people” it originated with very poor education in regard to the document of which we speak.

Declaration Of Independence

The foundation of that document, the U.S. Constitution, was the Declaration of Independence:

 “In Congress, July 4, 1776

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”  

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –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.

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What?  “… Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

Rubber Cement For Brains

The destroyers have made the claim that the Constitution is invalid because slaves were not included.  The founders knew, however, they were including everyone.  The complication of slavery, a huge sin, was for the time being left open.  You can fight a war against a superior force only through unity.  No victory would be had through fighting the crown in the midst of a civil war also.  Your professors can’t think or they want to manipulate your thinking and those are the only possibilities.

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This Declaration of independence was the declaration of those considered to be outlaws by the crown.  It is not law of the land as the Constitution though it was ratified to give the king the finger by the legislatures of 13 colonies.  If you give someone the finger, where I come from, you’d better mean it.  They meant it!

“I love the smell of napalm in the morning.”

The true meat of the declaration is the part no one can recite written after the preamble:  The reasons there given.

There are those who laugh at the 3% tea tax as the reasons for that Revolution.  But they, the crown garrisoned troops in private homes.  They ate the beef and the pork and the poultry as well the bread and the wine.  If they liked your wife or young daughter they’d have their way with them.  And your legal recourse was none.  Sharing was required.  Think about it.

Actual Reasoning For Declaration Of Independence

Here let the Declaration tell it:

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

 

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”  Declaration of Independence

Giving The King The Finger

That is why they threw the tea in the bey.  That is why they gave the king the finger and that is why they went to war with Great Britain and could ill afford to go to war simultaneously with those they also embattled to submission 80 years later when the people elected Republican Abolitionists to office.

We have discussed the First Amendment reduced to “Freedom of Speech” and “Separation of Church and State” by those who prefer you do not think.

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The Fifth Amendment

The Fifth Amendment is where the real rubber starts to hit the road because it is where government traditionally made the most injurious encroachment:

Amendment V

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

They can hang you on the battlefield if you desert or mutiny, while there is war. Or throw you in the brig for insubordination. Otherwise no one can be held except on an indictment by a Grand Jury.  Now the lawyers, and I have known several, laugh essentially when they tell you, “They can indict a ham sandwich.”

That is for a capital or otherwise infamous crime.

I told you the truth when I said “you have no rights you do not take responsibility to assert.”

Miranda v Arizona, 384 U.S. 436 (1966) Supreme Court — Cited by 76653 in which the Supreme Court held one in custody must be notified of his right to remain silent or anything he says will be used to convict him.  Because an accused cannot be compelled to be a witness against himself.

We also have seen the Mafia movies and Lois Lerner take the Fifth, as they say.  If you are accused by a police officer tell them you want a lawyer, now, and shut up.  Especially if you are not guilty of the accusation.  SHUT UP!  Then when the lawyer gets there tell him you have nothing to say.  That’s my advice.

Supreme Court Perversion

The next clause has been subjected to horrible perversion:

“…; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”  

The double jeopardy clause.  The purpose was urinated on by the Supreme Court whom in their jurisprudence speak of some nonsense about the “interests of the people in prosecution being different for the state vs. the federal government” if a defendant is exonerated in a state court the U.S. Attorney may bring a federal charge against the exonerated.  I piss back!

The double jeopardy clause was included in the Constitution to prevent the abuse of numerous prosecutions against the exonerated, by the crown done in the many cases to financially injure those considered enemies by the crown.

It costs treasure to defend yourself in a court of law.  If they can’t produce the evidence to convict, as accused, before the jury the first time around they are NOT entitled to a second shot also offering the opportunity for prosecutorial enhancement.

Government’s Ridiculous Conduct

So once I’d won in federal court in the Eighth Circuit and in the “state of the United States” (as clearly spelled out in the law) without a lawyer and it very unlikely you’ll win with a lawyer, the government filed a second indictment in the Tenth Circuit claiming they could prosecute the “substantive acts.”

Federal law:

“As used in this agreement:
“(a) ‘State’ shall mean a State of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.”
“(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to article V(e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.”
The AUSA and the state prosecutor both playing possum, acted like it was a mistake shuttling me, as a misdemeanor convicted back and forth before the federal trial it was just a mistake. (Crocodile Tears).
With one trial scheduled and myself wanting another scheduled and the FAT BOY (no respect here) lacking any independent arrest or evidence they sent me to federal and  indicted the “ham sandwich” and then making sure I was aware of the enhanced sentence for the further misdemeanor convictions in the state courts, they sent me back.  That was the buzzer … game over!  I just did not know it yet.
My state attorneys worked conscientiously to get me a plea deal (REMEMBER I WAS ORIGINALLY GOING TO TRIAL) that reduced the sentencing points toward the federal enhancement.  THAT’S COERCION.  Those convictions by plea were coerced illegal convictions.  Fifth Amendment Violation of my rights.

This second attempt in the Tenth Circuit was of course attended by the AUSA (an “I never lose” guy, by the way…yes you do, Chucky, I’m here now!) enhancing his position in using things he learned about the strategy I employed to cut me off at the pass so to speak in a second illegal trial.  Cheating to deprive me of my rights.  I handed him his ass.

The law says:

“(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.”   (emphasis added).

Winning The Second Case

So the government was foreclosed from the second attempt.  A hand written one page motion, after ridiculing the AUSA in a once inch stack of motions over forty day, to keep him busy answering me, just for fun [Like Charley Daniels I had to chase them around the parking lot just once, slingin gravel a puttin a ton of dust in the air] the one page motion informed the court there was no possibility for a second lawful indictment.

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On Friday June 13, 2003 the judge read my stack of motions.  According to what my stand by counsel who advised me in the court of law only about procedure told my mom the judge placed in position of holding me without lawful indictment (a judge’s primary responsibility is jurisdiction and he had none) by the AUSA.  Some lawyer!  The judge called his assistant and said, “Call the Eight Circuit and tell the AUSA he needs to file a motion to dismiss or I’m going too.”

So I was done embarrassing the first professional lawyer, TWICE!  A prosecutor with 20 years experience loses to a mechanical engineer who started reading the law the other day.  LAUGHTER!

Alamama v Bozeman, 533 U.S. 146 (2001):  Held: The literal language of Article IV(e) bars any further criminal proceedings when a defendant is returned to the original place of imprisonment before trial. Pp. 152-157.  That’s the law!

“Praise the Lord and keep the powder dry.”

Fourth And Sixth Amendments

Now the Fifth Amendment is closely related to the Fourth and the Sixth.  The sixth guarantees you the right to counsel.

Gideon v Wainwright, 372 U.S. 355 (1963) a unanimous opinion requires appointment of counsel whenever a defendant is at risk for jail time to be served.

Here is the meat of the decision:

The Sixth Amendment’s guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.

“In a unanimous opinion authored by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The Court reasoned that the Sixth Amendment’s guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment. The Sixth Amendment guarantees the accused the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived. 

Justice Douglas, while joining the Court’s opinion, elaborated, in a separate opinion, the relation between the Bill of Rights and the first section of the Fourteenth Amendment.

Justices Clark and Harlan concurred in separate decisions.”

  My response:  SO WHAT!

Strickland v Washington, 466 U.S. 668 (1984) Primary holding:

“The appropriate standard for ineffective assistance of counsel requires both that the defense attorney was objectively deficient and that there was a reasonable probability that a competent attorney would have led to a different outcome.”

The Rest Of The Story

From the Atlantic:

But 50 years later there is also much to mourn about Gideon and the Supreme Court standards that followed it. Today, there is a vast gulf between the broad premise of the ruling and the grim practice of legal representation for the nation’s poorest litigants. Yes, you have the right to a court-appointed lawyer today — the right to a lawyer who almost certainly is vastly underpaid and grossly overworked; a lawyer who, according to a Brennan Center for Justice report published last year, often spends less than six minutes per case at hearings where clients plead guilty and are sentenced. With this lawyer — often just a “potted plant” — by your side, you’ve earned the dubious honor of hearing the judge you will face declare that this arrangement is sufficient to secure your rights to a fair trial.  [IN A PIG’S EYE]

Today, sadly, the Gideon ruling amounts to another unfunded mandate — the right to a lawyer for those who need one most is a constitutional aspiration as much as anything else. And the reasons are no mystery. Over the intervening half-century, Congress and state lawmakers consistently have refused to fund public defenders’ offices adequately. And, as it has become more conservative since 1963, the United States Supreme Court has refused to force legislators to do so. “I think the Court doesn’t have the initiative to get involved in improving the administration of justice in every state,” former Justice John Paul Stevens told me in late January. “The Court’s really not the institution to get involved in that.” 

So today, the justices won’t secure the basic fair trial rights they themselves recognized in Gideon. And today, elected officials see no political value in spending the money it would take to ensure that every American has an opportunity for equal justice. It’s not that there aren’t solutions to the problem of securing a meaningful right to counsel for all litigants. There are plenty of solutions floating around. The problem is the political and legal will to implement those policy choices — to make good on the promise the Supreme Court made to America 50 years ago amid such hope and fanfare.”

Counsel is presumed to have provided effective assistance and a ruling counsel was ineffective is rare.  The entire criminal court system is a joke that mocks the Constitution and the poor.

Thus you have no rights you do not assert yourself.  One of my appointed attorneys wanted to go to trial, Timothy Arehart.

Another decent lawyer, Scott White, was hamstrung because I had a warrant for probation violation.  At a convenience store a cop who knew me pulled in right in front of me at the gas pump filming my smiling face while I backed up and hit the highway for Missouri.  Of course I got away.  I’m a great race driver too.

Had Solzhenitsyn the protections of the 5th amendment, then he might not have been imprisoned.  He did not say, “Stalin is a fruitcake.”  He called Stalin “the Boss” and I say, many of our leaders and those such as judges look the other way and allow unlawful and unethical behaviors to thrive in corrupt systems corrupted by the corrupt character of men and women with law degrees.

Solzhenitsyn and Paul

Solzhenitsyn again:

“Men have forgotten God.  That is why this has happened.”  He was speaking to sixty million Russians killed after their ruinous Revolution.

So what does God say:  Paul appointed by Jesus at Acts 9: 15, wrote Romans: 1: 18-2: 4: 

 “The wrath of God is being revealed from heaven against all the godlessness and wickedness of people, who suppress the truth by their wickedness, 19 since what may be known about God is plain to them, because God has made it plain to them. 20 For since the creation of the world God’s invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that people are without excuse.

21 For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. 22 Although they claimed to be wise, they became fools 23 and exchanged the glory of the immortal God for images made to look like a mortal human being and birds and animals and reptiles.

24 Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. 25 They exchanged the truth about God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.

26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.

28 Furthermore, just as they did not think it worthwhile to retain the knowledge of God, so God gave them over to a depraved mind, so that they do what ought not to be done. 29 They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30 slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31 they have no understanding, no fidelity, no love, no mercy. 32 Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.”

2: 1-8:  

You, therefore, have no excuse, you who pass judgment on someone else, for at whatever point you judge another, you are condemning yourself, because you who pass judgment do the same things. Now we know that God’s judgment against those who do such things is based on truth. So when you, a mere human being, pass judgment on them and yet do the same things, do you think you will escape God’s judgment? Or do you show contempt for the riches of his kindness, forbearance and patience, not realizing that God’s kindness is intended to lead you to repentance?

But because of your stubbornness and your unrepentant heart, you are storing up wrath against yourself for the day of God’s wrath, when his righteous judgment will be revealed. God “will repay each person according to what they have done.” To those who by persistence in doing good seek glory, honor and immortality, he will give eternal life. But for those who are self-seeking and who reject the truth and follow evil, there will be wrath and anger.” (NIV)

These things are the source of the evil in this world.  The PC culture and hate speech claims are carefully designed to indict Christians for the coming persecutions.  So “keep watch” the parable of Matthew 24 will reveal the mystery fully in time.  “In the twinkling of an eye.”

The solution is not political:

Ephesians 2: 1-10:

“As for you, you were dead in your transgressions and sins, in which you used to live when you followed the ways of this world and of the ruler of the kingdom of the air, the spirit who is now at work in those who are disobedient. All of us also lived among them at one time, gratifying the cravings of our flesh and following its desires and thoughts. Like the rest, we were by nature deserving of wrath. But because of his great love for us, God, who is rich in mercy, made us alive with Christ even when we were dead in transgressions—it is by grace you have been saved. And God raised us up with Christ and seated us with him in the heavenly realms in Christ Jesus, in order that in the coming ages he might show the incomparable riches of his grace, expressed in his kindness to us in Christ Jesus. For it is by grace you have been saved, through faith—and this is not from yourselves, it is the gift of God— not by works, so that no one can boast. 10 For we are God’s handiwork, created in Christ Jesus to do good works, which God prepared in advance for us to do.”  (NIV)

That is the solution.  Thank you for visiting my site.  Thank you for reading my posts.  Please leave your questions below and I will answer you.  Please leave any comments there also.  Thank you to all of you who have gotten my books.  Come back soon I will continue to add posts to this site.  Chris

 

 

 

 

 

 

 

 

 

 

Author: genuinearticlex7

Author of Misquoting Logic What Bart Ehrman Forgot To Tell You About The Coming Apocalypse And Your Place In It and Misquoting Calculus What Isaac Newton Tried To Tell Bart Ehrman and Misquoting Calculus What Isaac Newton Tried To Tell Bart Ehrman.

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