| Is Your Freedom In Danger?
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The Destruction of the Bill of Rights
by Jarret Wollstein
ISIL EDUCATIONAL PAMPHLET SERIES
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What defines the character of America and makes this country a good place
to live? For over 200 years, our prosperity and liberty were the envy of
much of the world. But our prosperity is inseparable from our liberty. Take
away our freedom of speech, religion and enterprise, and America would be
neither free nor prosperous.
Unique among nations of the modern world, the United States was literally
conceived in liberty. The guiding philosophy of Thomas Jefferson, George
Washington, Benjamin Franklin, George Mason and our other Founding Fathers
was the inalienable rights of the individual. As our Declaration of
Independence states,
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; and 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 abolish it.
America's Founders had witnessed horrible demonstrations of the power of
unlimited government: destructive taxation, forcible invasions of homes by
government agents, interference with free trade, government spying on
citizens, corruption and debasement of the legal system, imprisonment and
murder of dissenters, and government destruction of churches. To avoid such
evils in this country, the Constitution and Bill of Rights (the first ten
Amendments) were created, as strict limitations on the power of government.
The Bill of Rights protects our freedom of speech, press, religion, and
assembly. It guarantees our right to keep and bear arms. It prohibits
unreasonable search and seizure. It guarantees due process in a court of
law, a speedy hearing, and trial by jury. It prohibits excessive bail,
fines and punishment. And most important, the Bill of Rights guarantees
that rights not explicitly granted to the government, are reserved to us as
individuals.
Our Founding Fathers believed that to avoid the evils of corrupt and
tyrannical government, the power of government should be limited to
protecting citizens from domestic and foreign aggressors. Government was
regarded as a moral policeman, stopping force and fraud whenever possible,
and otherwise leaving citizens alone to live their lives in peace. Today,
200 years after its passage, the Bill of Rights remains the supreme law of
the land, and neither Congress, nor the Supreme Court, nor the President
have the moral or legal right to ignore it.
Sadly, government now has strayed very far from the original vision of
limited powers. Today there is no aspect of our lives -- public or private
-- that government regards as exempt from its jurisdiction and control.
Government now seizes over half our incomes in taxes; regulates every
aspect of trade and commerce; censors books, movies and art; scrutinizes
our business records and bank accounts; confiscates our guns; taps our
telephones and reads our mail; dictates wages and working conditions;
regulates our sex lives; and imposes fines and imprisonment without due
process of law.
The vision of government as the servant of the people, rather than their
master, has been lost.
Here are some examples of how the Bill of Rights is being destroyed:
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Amendment One . . .
Freedom Of Speech, Press, Religion, and Assembly
In the name of "national security", government employees are being censored
for life. To combat pornography, federal and state governments have
imprisoned musicians, seized the entire contents of bookstores and video
rental outlets, and have even prosecuted museums and art galleries. To
fight drugs, a growing list of communities are enacting curfews and
"anti-loitering" laws. To ensure government control of education, church
schools have been padlocked. There are now over 350 "anti-obscenity" bills
pending in 46 states. Freedom of speech, press, religion, and assembly are
under siege.
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Amendment Two . . .
Right To Keep and Bear Arms
This right is gradually being destroyed as a growing number of states and
communities enact ever more repressive gun control legislation. In the
summer of 1990 New Jersey made criminals of over 200,000 of its citizens
with the stroke of a pen by banning many popular sporting rifles. As
violent crime grows, U.S. citizens need the means to defend themselves more
than ever, yet we are being legally disarmed.
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Amendment Three . . .
Quartering Of Troops In Private Homes
The government doesn't quarter troops in our homes, but it does destroy our
privacy by wiretapping our telephones, seizing business records and keeping
extensive files on most citizens.
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Amendment Four . . .
Protection From Unreasonable Search and Seizure
Recent Supreme Court decisions have given the police nearly unlimited power
to search houses, businesses and cars -- in many cases without a warrant.
In Florida, courts have refused to stop police from boarding buses,
blocking exits and searching passengers. RICO laws and "anti-drug" laws
have given government the power to seize all of an individual�s or
company�s assets without indictment or trial. Strip-searching persons
arrested for even minor traffic violations is becoming more and more
common. Courts and legislatures now consider virtually any government
search and seizure "reasonable".
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Amendment Five . . .
Due Process and Grand Juries
The Founding Fathers believed that no one should be indicted without a
hearing. Today the IRS can seize your bank account, the Coast Guard can
take your boat, and the welfare authorities can take away your children,
without any hearing or indictment by a Grand Jury. Increasingly,
fundamental legal restraints on the power of government agencies are being
abandoned.
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Amendment Six . . .
Right To A Speedy Trial And Court Procedures
The United States has adopted the totalitarian practice of imprisoning
defendants for long periods before trial. As a growing list of personal
behavior and technical errors are criminalized, the court system is being
impossibly overloaded. It now takes years before most serious cases ever
get to trial. The growing power of prosecutors, and government seizure of
attorneys' fees, are destroying the ability of those accused to defend
themselves.
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Amendment Seven . . .
Right To Trial By Jury
Less than 3% of persons criminally indicted now get a trial. The threat of
lengthy pre-trial detention and asset forfeiture force many innocent people
to plead guilty. Legislation is now pending to substitute administrative
judges controlled by the Executive Branch for most trials by jury.
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Amendment Eight . . .
Prohibition Against Excessive Bail, Fines And Punishment
By calling penalties "civil" rather than "criminal", government can seize
all of your assets without trial or any other form of legal proceeding.
Bail is being abolished for many crimes, including crimes that didn't even
exist ten years ago, such as "money-laundering". Punishments are becoming
increasingly harsh. Teenagers are getting years or decades in prison for
minor drug offenses. Businessmen are receiving long prison sentences for
technical violations of incomprehensible tax laws and securities
regulations. Ordinary citizens are being imprisoned for possession of
banned literature, guns, and even medicines.
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Amendment Nine . . .
Rights Reserved To The Individual
The Constitution and Bill of Rights were intended as strict restrictions on
government power. Those powers not explicitly granted to government were
retained by the individual. Today the Constitution has been stood on its
head. Courts are now saying anything the government wants to do is
permissible, unless explicitly prohibited by the Constitution. Government
now has nearly unlimited power, and the American people are losing control
of their own properties, lives and destinies.
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Amendment Ten . . .
Powers Not Granted The Federal Government
Power has shifted from the individual to the state, and from the states to
the federal government. Federal aid to states has meant federal control of
States. By including the entire economy under "interstate commerce", the
Supreme Court has given the Federal Government control over every aspect of
society.
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RECOMMENDED READING
The Rights Retained By The People (Barnette) ................ $15.95
The New Right vs The Constitution (Macedo) ................... $7.95
The Power In The People (Felix Morley) ....................... $9.95
Liberty Reclaimed (Jim Lewis/Jim Peron) ...................... $1.95
The Law of the Constitution (Dicey) .......................... $7.00
Freedom and Federalism (Felix Morley) ........................ $5.95
For these and other books and tapes write: Freedom's Forum Books, 1800
Market Street, San Francisco, California 94102. Add $2.50 P & H for 1st
book and $1.00 for each additional item.
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Attractive two-color hard copies of this pamphlet are available for 5 cents
each (minimum order $1.00). Price includes shipping.
This pamphlet is produced as a public service by the International Society
for Individual Liberty. If you would like to receive free literature about
ISIL's activities around the world, and receive a sample copy of the
FREEDOM NETWORK NEWS newsletter and book catalog, please write:
INTERNATIONAL SOCIETY FOR INDIVIDUAL LIBERTY
1800 Market Street, San Francisco, California 94102
Tel: (415) 864-0952 Fax: (415) 864-7506
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| A MODEL BILL OF RIGHTS
By former Belgium representative Michael Van Notten
Human rights:
* originate in every person's natural obligation to form his own
opinion.
* specify those activities which do not require permission.
* serve to prevent and resolve conflicts between people pursuing
contradictory values, and
* are timeless, unchangeable, absolute, inalienable and universal,
taking priority over any law, including government law,
THEREFORE:
I (human rights)
Every person shall be free to:
a. form his own opinion;
b. control his own body;
c. take any object not belonging to others;
d. make agreements of his choice; and
e. defend these freedoms.
II (human obligations)
Every person shall respect the rights of others, and shall therefore
refrain from:
a. using force against their rightfully obtained possessions, and
b. disposing otherwise of their property without their permission.
III (remedies)
Every person who violates someone's human rights shall:
a. cease violating them.
b. return the goods thereby alienated.
c. compensate the damage inflicted and profits foregone, and
d. pay fines for wilful infringement.
IV (fines)
Fines shall accrue to the victim and be determined, in last instance, by an
independent and impartial court of justice on the basis of the seriousness
of the crime and the circumstances it was committed.
V (sanction)
Every person who fails to remedy the rights he violated loses, to the
benefit of his victim, his right to dispose of his property as long as his
refusal persists.
VI (force)
Every person shall be free to use force to defend his human rights and to
restore them at the expense of the violator provided, in the latter case,
that such force is exercised by a police.
VII (the police)
The police, including the military, shall not use its force save:
1. at the request of a person whose rights have been violated;
2. against the person who violated them;
3. for the sole purpose of remedying such violation;
4. with the least violent means available;
5. having previously summoned the violator to comply voluntarily;
6. as certified by an independent and impartial court of justice.
VIII (the judiciary)
Every person shall be free to exercise the profession of judge, identifying
the origin, nature, function and contents of human rights as he sees fit.
Judges shall neither judge a person on his opinions, achievements or bodily
characteristics nor authorise the imposition of obligations not derived
from human rights.
IX (government)
Government shall consist of courts of justice and police forces, including
the military. Their function shall be to adjudicate and enforce human
rights. In the absence of an impartial judiciary or a human
rights-respecting police, every person shall be free, subject to his
liability for his own violations, to use force himself to restore his
violated rights.
From these nine fundamentals the following freedoms derive:
Every person shall be free:
1. to live according to his own beliefs.
2. to express, in his own language and manner, his thoughts and opinions.
3. to reside in any country, and to move in and out of it along with his
possessions.
4. to enjoy the sanctity of his home and business, including his mail and
telecommunications.
5. to found a family and to raise and educate his children according to
his own insights.
6. to assemble freely and to join and resign from any association.
7. to break any employment contract as long as he honours its severance
pay obligations.
8. to offer his services to people of his choice.
9. to undertake any economic activity, including the adjudication or
enforcement of human rights, and to keep its profits.
10. to sell, buy, lease, rent, lend, borrow, retain or give away property
by mutual agreement.
11. to exploit his land and waters, and anything attached to it.
12. to repossess the land and buildings taken from him in violation of
human rights.
13. to enjoy a viable environment of his property and to prevent others
from spoiling it.
14. to petition any government institution and avail himself of its
services.
15. to keep and bear arms.
16. to use force himself when his rights are in clear and present danger.
17. to dissolve any government institution which systematically violates
human rights.
Rules of Procedure
1. Every person accused of having violated a human right shall be presumed
innocent until proven guilty by an impartial court of justice. He shall
obey the instructions of the court which hears his case while being
entitled:
a. to agree with the plaintiff on initiating, interrupting and
terminating any litigation before a judge of their choice.
b. to refuse to submit to a judge who is forced upon him in the absence
of such agreement as long as his impartiality is not assured.
c. to be informed, in writing and in a language which he understands of
the nature and cause of the charges against him.
d. to try to refute such charges, but no plea of ignorance of human
rights and its concomitant obligations shall be accepted.
e. to be assisted and represented by counsel of his choice and to keep
his communications with him confidential.
f. to a public session of the court and a procedure in writing, with oral
comments.
g. to dispose of adequate time for the presentation of his defence.
h. to resist interrogation, to decline to supply evidence and to refuse
confession.
i. to inspect the evidence brought against him and to cross-examine his
accusers and their witnesses.
j. to bring in his own witnesses and have them testify under the same
conditions as the witnesses against him.
k. to a prompt trial, without undue delays.
l. to reject procedural and evidentiary rules which infringe upon the
principle of presumed innocence.
2. Every person arrested shall:
a. be informed immediately of the reasons for his arrest as well as his
right to remain silent and the consequences of making statements.
b. be given proper food, shelter and accommodation.
c. be spared torture, assault and other inhuman treatment.
d. be brought without undue delay before an impartial court of justice.
Failure to do so shall entitle the arrested person to immediate
release.
e. be instructed, in writing and in a language which he understands, of
the reason and nature of the charges against him.
f. be released from detention when the court finds the charges lacking in
credibility or when sufficient guaranty has been given for appearing
at the trial and obeying the judgement, and his release would not
frustrate the investigation.
g. be permitted to receive mail and visitors when this does not interfere
with the prosecution.
h. be compensated for undue arrest and detention.
3. Every person convicted of having violated a human right shall be
entitled:
a. to be informed, in writing and in a language which he understands, of
the reasons for his conviction.
b. to appeal once against his verdict and to have its interpretation of
rights reviewed by a separate court.
c. to avoid execution of his verdict by complying voluntarily.
4. No person finally convicted or acquitted shall be tried or submitted
again for the same offence.
5. Every person wrongly convicted shall be compensated.
6. Every person in clear and present danger shall be entitled to use force
himself in order to:
a. defend his rights against immediate attack;
b. stop an attack in progress;
c. arrest his attacker caught red-handed;
d. seize his attacker's assets for remedying the rights he infringed
whenever these assets risk disappearing before a verdict is due.
e. conserve proof or witness. Provided that an impartial court of justice
certifies, either before or immediately afterwards that:
o such danger occurred;
o such objectives will be, or were, served;
o the least violent means available will be, or were, served.
7. Every person whose human rights have been violated shall be entitled:
a. to initiate proceedings against the violator;
b. to halt such proceedings and to suspend or stop the execution of any
verdict in his favour.
c. to ignore any verdict which does not state the reasons of the
defendant's acquittal;
d. to appeal from the verdict in appeal when it overturns the verdict in
first instance;
e. to have a court's interpretation of rights reviewed by a separate
court.
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| "Bill of No Rights"
We, the sensible of the United States, in an attempt to help
everyone get along, restore some semblance of justice, avoid any
more riots, keep our nation safe, promote positive behavior and
secure the blessings of debt-free liberty to ourselves and our
great-great-great grandchildren, hereby try one more time to
ordain and establish some common sense guidelines.
We hold these truths to be self-evident, that a whole lot of
people were confused by the Bill of Rights and are so dim that
they require a "Bill of No Rights".
ARTICLE I
You do not have the right to a new car, big-screen color TV or
any other form of wealth. More power to you if you can legally
acquire them, but no one is guaranteeing anything.
ARTICLE II
You do not have the right to never be offended. This country is
based on freedom, and that means freedom for everyone -- not just
you! You may leave the room, turn the channel, express a
different opinion, etc., but the world is full of idiots, and
probably always will be.
ARTICLE III
You do not have the right to be free from harm. If you stick a
screwdriver in your eye, learn to be more careful, do not expect
the tool manufacturer to make you and all of your relatives
independently wealthy.
ARTICLE IV
You do not have the right to free food and housing. Americans are
the most charitable people to be found, and will gladly help
anyone in need, but we are quickly growing weary of subsidizing
generation after generation of professional couch potatoes who
achieve nothing more than the creation of another generation of
professional couch potatoes.
ARTICLE V
You do not have the right to free health care. That would be
nice, but from the looks of public housing, we're just not
interested in public health care.
ARTICLE VI
You do not have the right to physically harm other people. If you
kidnap, rape, intentionally maim or kill someone, don't be
surprised if the rest of us get together and kill you.
ARTICLE VII
You do not have the right to the possessions of others. If you
rob, cheat, or coerce away the goods or services of other
citizens, don't be surprised if the rest of us get together and
lock you away in a place where you still won't have the right to
a big-screen color TV or a life of leisure.
ARTICLE VIII
You do not have the right to demand that our children risk their
lives in foreign wars to soothe your aching conscience. We hate
oppressive governments and won't lift a finger to stop you from
going to fight if you'd like. However, we do not enjoy parenting
the entire world and do not want to spend so much of our time
battling each and every little tyrant with a military uniform and
a funny hat.
ARTICLE IX
You do not have the right to a job. All of us sure want you to
have one, and will gladly help you along in hard times, but we
expect you to take advantage of the opportunities in education
and vocational training laid before you to make yourself useful.
ARTICLE X
You do not have the right to happiness. Being an American means
that you have the right to pursue happiness -- which, by the way,
is a lot easier if you are unencumbered by an overabundance of
idiotic laws created by those around you who were confused by the
Bill of Rights.
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