Prospective liberty

Several years ago a line in a movies stuck in my mind.  I have the sentiment correct, if not the exact phrase:

“Killing the dog because the fox ate the chicken does not make sense.”

Lavoy Finicum was murdered .  We are well past whether he was resisting arrest.  We are well past whether he posed an immediate threat to law enforcement or the public.  He was neither resisting arrest nor posing any immediate threat!

In partial consequence of his murder some two dozen civilians now languish in prison, without trial.  Among those held, with rejected pleas for adequate legal counsel and basic Bill of Rights entitlements, some were not even present at the scene of the shooting of Lavoy.

In a most suspicious series of events those incarcerations are related to resistance to central government usurpation of rights and property long before the shooting incident.  It is curious to some people, not myself, why the arrest of these people occurred nearly a year later several hundred miles from the family’s support group.

At issue is a fundamental principle:

Does the US Constitution hold to original intent and the Bill of Rights or is it a fluid document subject to the whims of each succeeding generation?

Such a question should be viewed in the light of the original authors and adherents of the Constitution.  According to Pfander and Wardon, “the Framers of the Constitution and the members of Congress who applied its terms in the early years were strongly committed to norms of prospectivity, uniformity, and transparency. (emphasis added).”

The early years consist of the “Federalist” period following the ratification of the US Constitution.  Prospectivity was an inclination of considering the long-term effect of legislative action.  The framers, ratifiers, and first twenty to thirty years of Congress tended to legislate in a manner which would be consistent for an extended period of time.

Further the originalists rather than relying on the historical merit of private bills (legislation) sought to establish prospective uniformity.  Legislation was not written to protect certain citizens, but rather all citizens equally.  The purchase of legal rights was anti-thema.

One small step for mankind away from a transparent uniformly applicable statute for the future is private enactments.  Any and all laws written and enacted to provide private benefit are factually inconsistent with the originalist’s intentions.

Laws which bless, or curse, particular individuals or classes of individuals would be abhorrent to the founders.  For example, laws giving privilege or restriction to gender, race, religion, marital status, and particularly national origin would be repugnant.

But there is another class besides those well-known ones,  which should also cause dizziness for us all.  It is the class of citizen identified here as the political potentate.  A political potentate is an elected or bureaucratic figure given a little more protection under a law…intended for equal treatment, under the law.

Without detail, but with presumptions, included among those political potentates are Hillary Clinton, Barack Obama, Harry Reid…and just about everyone else under the protective influence of the proverbial Washington DC.

Enough pontificating for now and back to the commentary at hand.  A sizable group of citizens committed to “live in peace. To live, and let live, while we provide for our families, and participate in normal community activities.” *

Bundy, along with 45+ others are being held in jail for professing their constitutional right to petition the government for grievances.  Contrary to political and main stream media accounts at no time did the group of petitioners cause any real threat to the public.  If the entire situation were examined from beginning to end, without preconceived conclusions, it was only when bureaucrats stepped-in that the risk stepped-up.

If the entire situation were examined from beginning to end, without preconceived conclusions, it was only when bureaucrats stepped-in that the risk stepped-up.

We like to believe that government intentions are always appropriate. Retrospective of Chief Justice John Dillon’s Rule governments cannot be presumed to act in the public’s best interest, simply be virtue of being elected.  Too frequently the opposite is reflected.

Under the sixth amendment (Bill of Rights) to the US Constitution defendants are entitled to a speedy trial.**  The US Supreme Court has defined criteria to determine adherence to the sixth amendment.  Yet, as in almost all legal and legislative matters convened outside of the initial Federalist Period, bureaucrats, elected officials, attorneys, have sought to twist those very rules to their own special interests (private).

Such is the case with these constitutional loyalists.  Twisting is more than lyrics by Chubby Checker.

Virtually all of the principles which this nation originally held as sacrosanct are being violated by the cadre of political potentates. Inherent innocence, liberty, “being left alone,”are a few of those violations.

Historically King James, his son Charles, and devotees to their doctrine of “divine right of kings,” caused the popular relocation from the old world to the North American continent.  Archbishop William Laud was anything but laudatory in his slaughterous actions toward Puritans.  He exercised dominion over the both the bodies and souls of men.

The great men of our history sought to abolish such meanness.  For a period it worked.  However, today we have all but returned to the “divine right of politician and bureaucrats.”  All that is left for the circle to be completed is the killing and maiming of people because of what they believe. {Wait, have I forgotten the case of Lavoy Finicum; unprovoked assassination precisely because he dared to “petition the government for grievances.”}

Ryan Bundy, with his companions in liberty, sits confined contrary to all that the Bill of Rights, because they are dogs (no insulted intended).  Ryan Bundy familyThey are being condemned to seclusion from their families and justice because they are dogs in a bureaucratic cat-fight.

Central government elected officials and bureaucrats are foxes presuming the divine right of mastery over the citizenry.  On more and more frequent occasion and with broader and broader disparagement they prevail against the people.

Yes, it is foolish for the media and the public to any longer embrace “Killing the dog because the fox ate the chicken.”

As was true when the American continent was settled, and portrayed in the Moses movies it is time “to let my people go!”  Special interest politics has swayed rational living to absurdity, and needs to become once again a closed chapter in the history of mankind.

I finish with a quote from Ryan Bundy:

“I have a bright picture of hope for our future. The Lord led us to where we are now. I believe He will bring us back home as well. I surely do miss my little ones. I believe that we will enjoy freedom again. Personally and collectively as a country, but it is going to take some work and commitment on your part. We can’t just lean back and let God do it all alone. He can, but he holds us accountable and expects us to do good works of our own free will and choice. So go and do something good today.”

That Is The Way I See It.

*Ryan Bundy, letter to Governor Herbert and other public officials at the Utah State Republican Convention 2016.
** Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

 

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