Treason and The Right to Bear Arms

TAKE AMERICA BACK
(TAB)
Spokesperson Phil Merletti
willowbee.traveler@hotmail.com
www.takeamericabackofmaine.vpweb.com
01/18/13
TREASON? #30

As the Progressive radicals and Anti-gun factions raise the debate to a fever pitch, it is essential to not let anyone distract us away from the real facts and issues at hand. We hope that what follows will clarify the real dispute that needs to be understood and how to put the debate to bed forever. This editorial may be considered lengthy, but it was reduced to the least amount to still be considered educational.

Less than a hundred years before the Declaration of Independence was presented to the British Monarchy, John Locke a British historian of law and philosopher, set the stage as to what law is; his definition was: “The law of nature…is the law of reason.”

In 1760 a British legal Scholar Sir William Blackstone wrote, “The State of Nature has a Law of Nature to govern it.” He said that it was the “State of Nature” and all functions were fundamental and that the natural rights of all mankind may be reduced to three principal or primary articles; “the right of personal security, the right of personal liberty, and the right of private property.” Because these rights were viewed as common, natural, proven and by nature itself, what could be more accurate and evident then nature and balance? These rights were viewed as natural rights that were based on nature’s balanced laws, or given by nature or better yet given by GOD. Because these rights were GOD given, these rights were considered and assumed to be untouchable, unchangeable, immutable and therefore unalienable.

Blackstone also theorized that if man had the GOD given right to life, liberty and property, he therefore had the right to the preservation of these rights. He said: “All men are free and equal, and all men must respect the fundamental rights to life, liberty, and property.” Seven years before the Declaration of Independence was signed, in 1769 Samuel Adams quoted Blackstone’s theory that individuals are free to take up arms “to protect and maintain the three great primary rights of personal security, personal liberty and private property.” Three years later, Sam Adams and Ben Franklin wrote “Among the natural right of the colonists are these: first, a right to life; secondly, liberty; thirdly, to property; together with the right to support and defend them in the best manner they can”.

It is correct to assume that people organize into larger numbers and societies for mutual interest and to protect each other.  Thomas Paine believed that “government, even in its best state, is but a necessary evil; in its worse state an intolerable one.” He also stated that the “great and chief end of men (willfully) organizing under government institutions is the preservation of the property.”

In 1772, Samuel Adams and Ben Franklin also wrote “When men enter into society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions……”

Our founding fathers wrote in the Declaration of Independence:
“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 natural 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.”

Our founding fathers also wrote in the second amendment:
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

In the Maine Constitution, Article I, section 2 it reads:
All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; that they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.

In the Maine Constitution, Article I, section 16 it reads:
Every citizen has a right to keep and bear arms and this right shall never be questioned.

When the founders authored the Declaration of Independence, The Articles of Confederation, the U.S. Constitution, the 10th Amendment and the Maine Constitution, these documents were not conceived in a vacuum. Every word, sentence, paragraph and chapter was scrutinized to obtain the maximum goals to secure the freedom and liberty granted forever by ensuring the unalienable rights given by their creator. (Reference the “Federalist / J” papers)

Every conceivable piece of information ever recorded in history was critically collected, searched, investigated, restudied and reformed to forge a fluid transaction from tyranny to independent freedoms and liberty under a government that was responsible and accountable to its people. The primary intent was that the power of the government would be forever recognized as emanating from the individual, to the local municipality, to the county and to the state. The states in combination with their full rights would form a united government that was only responsible to the states decree, directed and controlled by the people.

Knowing the potential evil of governmental and political power is a fail-safe and last resort which was skillfully inserted into both the U.S. and Maine Constitutions. Short of a full blown insurrection, the U.S. Constitution says that it is the Right of the people to alter or to abolish it (the government), and to institute new government.” And the Maine Constitution is written to say “the Maine People have an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.” This language is indisputable as to who has the power and what the responsibility of the people is. Both Constitutions give the (untouchable, unchangeable, immutable and unalienable) right to the people to “keep and bear Arms” and the Maine constitution goes one-step further and it reads: And that right “shall not be questioned.”

These two sections have for years become controversial because those that fear guns or believe in gun confiscation have unknowingly been fooled and used. They have been distracted and manipulated by political professionals to change the argument away from the universal, natural right and GOD-given right to preservation of life, liberty, the pursuit of happiness and property. Schools no longer teach these two passages have helped keep this country from tyrannical people from taking over our government and destroying our state and U.S. Constitutions. Also gun ownership and the use for home, property and personal and family protection is the first line of defense against criminal actions. Every incident involving the use of firearms is recorded in every municipality and the incidence of appropriate gun use is preponderant to the illegal use of firearms by criminals and the mentally unstable. Police departments will admit they cannot perceive a crime before it is perpetrated; therefore they cannot protect the potential victims, but to only respond after the incident.

Since the sixties, there has been a slow, methodical process from the progressive movement who wish to destroy our Constitutions and the rights that are protected in them. They have infiltrated all levels of state and federal governments and this movement has accelerated since 1991. The progressives have found that the average child or parent responds to extremely well with sympathy for innocent victims and that if all other factors of truth could be diverted, the people could be trained and inclined to despise firearms and blame gun ownership as the problem.  .

In order to stop the lies and the progressive movement the argument needs to change back to the intent of the constitutions when they were conceived and written. The Second Amendment of the Constitution and Article I, Section 16 of the Maine Constitution needs to be brought back into the forefront of the conversation and the truth needs to be revealed again. These two sections not only protect the hunter, the collector and target shooters; it covers the individual that wishes to preserve life, liberty, the pursuit of happiness and property with deadly force. These two sections allow individuals to join in compact to protect their homes, their community and their country from foreign and domestic terrorists that wish to violate our GOD given rights.

The intent of the Constitution was to provide the civilian populous with a force that could equally counter the enemies of the people. When the state and federal constitutions were written to allow the bearing of arms, it was common knowledge that the population had to have the same type of armament for protection. The founders put no limits as to what the firearms were or how many arms could owned, how big they were or how many rounds the firearm could have.

Those who are using public pressure and the sympathy from the public by using the death of innocent people and children are distracting honest people. The devious plan is to force an unconstitutional mandate to begin the process to hinder, handicap and obstruct and eventually remove the ownership of firearms from honest, law-abiding citizens by creating unlawful Executive Orders and unlawful laws that will eventually demand confiscation of firearms, ammunition and accessories. It is despicable and immoral that the progressives hide behind innocent children’s murder and to use the fear of children (and parents) to continue to misconstrue the real facts.

There is not one law that can be created that would have stopped any violent actions that had involved guns. To target a style of gun or the way it looks is foolish; it does absolutely nothing to stop a criminal offense. To limit the firearm capacity or feed mechanism does absolutely nothing for stopping the criminal from killing. Does this mean that the acceptance of a firearm that does not look like a military rifle and only has 10 rounds, it is ok for the criminal to kill only ten kids with it? The mandates, executive orders and bills offered today have no relationship to preventing gun violence. It appears that the people who suggest these ideas and suggestions to stop gun violence know absolutely nothing about firearms, the positive use and Constitutional law. The politicians are trying everything to overwhelm the public, but they are affecting good people and violating the law.

Cigarettes, alcohol, cars and hammers (individually) have killed more people than any type or combination of guns, but yet we live with these horrible events the best we can. Criminals will kill no matter what laws are created or how restrictive they are. Why are the progressives targeting guns and our constitutions? Why are these elected officials following these despicable plans to usurp the people and the powers of the Constitution? Firearms, ammunition and accessories are private property; they are considered part of the estate. Therefore the government has no constitutional right to restrict or confiscate (steal) any firearm away from law-biding people! Are they violating their sacred Oaths and, if so, they try to enforce their unconstitutional laws against the lawful American citizens, are they essentially “Enemy Combatants & Domestic Terrorists” by forcing us to stand our ground, protect our constitutional law and our own unalienable rights?

The President or Congress was given no legislative power other than those powers explicitly found or implied in the Constitution. All powers not delegated to congress in the constitution were reserved to the states or the People! (Reference 10th Amendment)
Lastly, a word to the wise, a word of caution to the reader and the criminal progressives: The Maine and U.S. Constitutions are ours. The sections and amendments are ours. This country is ours and the government is supposed to be ours. If some of the elected legislators (appointees and other state or local officials) want to violate our Maine and U.S. Constitutions, they are violating us! Either they know what they are doing against us and the Constitution, which makes them the domestic terrorist! Or if the elected leaders that we have trusted to protect us do not understand Constitutional law and what they are doing, why than, are they allowed to remain as political leaders? They will soon have their choice if they continue: either they remain and stand charged with treason, or they stand down and resign; there is no other choice for they have chosen this path of stupidity or deception!

Spokesperson Phil Merletti

Introduction to the Remonstrance

To the People:

You are most likely aware of the enormous problems existent in America, at all levels, most of which were created and/or exacerbated directly by burdensome government rules, regulations, requirements and policies.  This especially holds true for Maine.  The People have endured egregious violations committed by government against their rights for many, many years, and this must come to a rapid halt.

To that end, we have put together a Declaration, Remonstrance and Demand to be presented to the governor and the members of the Legislature when there are ENOUGH SUPPORTERS behind this proposal who will actively work to implement its provisions.  Many causes exist in Maine, with many different, diverse groups espousing individual positions.  Virtually all of these are valid, but the one common denominator that occasions the need to champion these causes is the fact that the elected and appointed officers in Maine in virtually all positions do not honor their oaths and instead routinely violate them, as well as the rights of the People.  This document references and makes provisions to correct such situations.

Please thoroughly review it, and if you support what is said, please send it to everyone you know in Maine, expressing your support for this action, and ask them to do the same.  If you have any questions or comments, there are contact names, emails and phone numbers at the end of the document.

We hope you will join us in our efforts to take back and restore OUR Constitutionally ordained government and OUR Rights!

Thanks in advance for your support.

Wayne Leach: hawkeye1937@gmail.com; 207-872-8998
Phil Merletti: willowbee.traveler@hotmail.com
Gary Smart: xjdigger@gmail.com; 207-731-4194
Jack McCarthy: nofda.com@gmail.com

Maine Remonstrance Document

Maine Remonstrance in PDF Format | Signatory Form in PDF Format

We peaceful, God-loving, and Free Maine People are concerned for the future of our State, and therefore support the Remonstrance created and served upon the Governor and Legislature of the State of Maine, by signing below.


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 A Remonstrance Demanding Officials Keep their Oaths

To the Honorable Governor and Legislature

of the State of Maine

From a Delegation of Peaceful and Free Maine People

A Declaration, Remonstrance and Demand

Opposing, Stopping and Correcting

Ongoing Abuses of the Limited Powers and Authority Delegated to Government by the People of Maine

* * * * *

This Remonstrance and Declaration is based in and on the superseding Authorities of the Constitution for the United States of America, circa 1787, as amended in 1791 with the Bill of Rights and the Constitution for the State of Maine, as amended in 1820. The positions stated herein are founded in these Authorities.

The Governor and all members of the Legislature have sworn or affirmed oaths to these referenced Constitutions and are required to abide by the Constitutional mandates imposed upon them by and through their oaths. No Oath Taker in Maine has the Constitutional authority to oppose, contradict, defy, deny and violate the very documents to which he swore or affirmed his oath. Pursuant to Constitutional guarantees, all Citizens of Maine can expect that their Oath Takers will so act in the performance of their official duties.

Despite these Constitutional requirements, it is evident that all forms of government in Maine abandon their Constitutional duties and routinely perjure, violate and disparage their oaths and the inherent rights and Due Process of Law Constitutionally guaranteed to Maine Citizens. Therefore, the government of Maine and the various governments within Maine act unconstitutionally, thus, are unlawful governments. These errant Oath Takers are Domestic Enemies, and it is the duty of American and Maine Citizens to expose and oppose all Domestic Enemies.

This Remonstrance is provided to the Governor and the Legislature by the People of Maine to apprise them that the People are aware of the unconstitutional actions and it is our demand, pursuant to rights guaranteed in both Constitutions that government immediately cease and desist its unconstitutional actions, immediately embrace and enforce the Constitution as the Supreme Law of the Land. We the People, rightfully demand that those who serve in the government of Maine, under the sacred trust endowed upon them by the People, restore honor and Constitutional governance to Maine and strictly abide by the Supreme Law of the Land and the principles and mandates contained within our founding documents.

The above-stated rightful demands have arisen and are presented due to the positions and circumstances stated herein below:

This opening Introductory work was created by Jack & Margy Flynn, with some minor editing done by Wayne Leach

* * * * *
To the Honorable Governor & Legislature of the State of Maine

A Declaration and Remonstrance Opposing the Abuse of Granted Powers and Inherent Rights

We, a delegation of peaceful, God loving, and free People domiciled on the State of Maine, having met and deliberated many hours regarding the repeated usurpation and abuse of powers granted, and rights protected by the Constitutions for the United States of America and for the State of Maine, conclude that it is our right and duty, relying upon God’s goodness and guidance, to herewith remonstrate against our Maine government, declaring our reasons for such remonstrance by providing the following determinations:

1. Because the Constitution for the United States of America, Article I, Section 1, concretely states that “All legislative Powers herein granted shall be vested in a Congress of the United States,….”, and these enumerated powers were specific and limited for the purpose of severely restraining the very government thus created by that Constitution.
2. Because there has been imposed for nearly a century, a constantly depreciating, constitutionally unauthorized, unlawful fiat money issued through a privately owned and controlled central bank, and forced upon the People because of deceitful and unconscionable acts imposed upon the People, by and through fraud, in violation of Constitutional requirements, said money causing continual degradation of our purchasing power, instability in our free market economy, and a deterioration of the People’s lifestyle.
3. Because the government of our State of Maine has, for numerous purposes, e. g. highway, school, and welfare program funding, agreed to accept and utilize from the United States government its departments, agencies, and bureaus, this unlawful fiat money, and its attached mandates in lieu of the lawful money described and authorized in Article I, Section 8, and further implied as gold and silver coin by Article I, Section 10 of the Constitution for the United States of America.
4. Because the Constitution for the State of Maine states in Article VIII, Part First, Section 1, that “…the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools;….”, supposedly with lawful gold and silver backed money; yet the government for the State of Maine is accepting the above mentioned unlawful fiat money to subsidize the education of our children in Maine public schools.
5. Because government officials and employees for the State of Maine are therefore violating Article VIII, Part First, Section 1 of the Constitution for the State of Maine and their Oath of Office, and thereby violating the Public Trust and alienating the People’s trust in their government.
6. Because the State of Maine’s elected members of the Legislature deny and refuse to declare and assert their just powers which are reserved to the States or to the People as affirmed in the 10th Amendment to the Constitution for the United States of America.
7. Because the powers not delegated to the United States by the Constitution for the United States of America have been unlawfully usurped and repeatedly violated regarding the People’s inherent right to acquire, possess, and protect property, as stated succinctly in the Constitution for the State of Maine, Article I, Section 1., and State of Maine officials and employees have repeatedly failed to negate or nullify the usurpation, abuses, and violations, or otherwise protect its People from them. The above mentioned include, but are not limited to, the usurpation of private property rights by United States governmental departments, (e. g., Interior, Education, Transportation, Environmental Protection, Homeland Security, Agriculture, etc.); bureaus, (e. g., BATF; commissions, (i. e., LURC); and other agencies too numerous to mention, plus the surrender of said rights, and even our sovereignty, to foreign entities by our governments through so-called Treaties (e. g., GATT, NAFTA, CAFTA, etc.), Councils, (i. e., the President’s Council on Sustainable Development, Human Rights Council), Conventions, (e. g., Convention on the Rights of Persons with Disabilities), Charters, (e. g., the UN) and its affiliates, (e. g., ICLEI, UNESCO, UNICEF, NATO).
8. Because there are numerous unconstitutional laws, rules, and regulations being imposed upon the People of Maine by its government departments, bureaus, agencies, or by NGO’s created by them that obfuscate and/or impair the People’s right to contract. Examples of such impairment include, but are not limited to the following: MSHA mandates, Statutes restricting landlord/tenant and/or insurance contracts, zoning regulations, International codes, and wage and price controls.
9. Because the Maine Legislature unlawfully enacted laws that create victimless crimes, to unlawfully control social activities, invade private property, and increase revenues for the State of Maine through the courts and law enforcement.
10. Because our governments were created to preserve and protect natural, inherent and unalienable rights, but through surrender to the above entities of ownership, control, and/or use of the People’s property, the elected officials, agents, and employees of the governments for the United States and State of Maine have violated their Oaths of Office, and are thus subject to reprimand, arrest, fines, and/or other corrective action, such as that authorized in the self-executing Sections 3 and 4 of the 14th Amendment to the national Constitution to provide remedy and restitution for their wrongs against the People of the State of Maine.

Therefore, We the subscribers to this Remonstrance, state, that no peaceful, lawful actions authorized by the Constitutions are exempt from our use to fully restore our rightful Government that is obligated to protect and preserve the above described rights and others retained by the People. We state that, providing there are no corrective actions timely taken in regards to this Remonstrance, and the rightful demands made herein, the People of the State of Maine have the Constitutional authority, duty, and “…an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.” (Maine Constitution, Article I, Section 2). Also, we state that we will do all in our power to urge the People of Maine to resort to such lawful, peaceful yet strong actions as are required to provide said People with a return to the “republican form of government” as guaranteed in the Constitution for the United States of America, Article IV, Section 4, so help us GOD!

Signed this ____ day of _________________ , 2013 by:

________________________________
Full Name

________________________________
Full Name

________________________________
Full Name

________________________________
Full Name


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ADDENDUM

Biblical Law at “Common Law” supersedes all laws, and “Christianity is custom, custom is Law.” Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772)

“All acts of legislature apparently contrary to natural right and justice are, in our laws, and must be in the nature of things, considered as void. The laws of nature are the laws of God; Whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of Justice.” Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772)

In Question 94 of the Prima secundae of his Summa theologiae (I.ii), Aquinas asserted the concept of an eternal law which provides the road map for all ethics and ethical conduct. This eternal law, Aquinas reasoned, is God’s device to govern the entire community of the universe toward the common good. The divine law, as represented for example in the Ten Commandments, makes eternal law more concrete and knowable. Natural law then transforms the laws emanating from the realm of the supernatural, making them knowable “in the hearts of human beings” and instruct them “to do good and avoid evil.” Lastly, human law—which translates natural law into concrete norms governing particular peoples and nations—is the most concrete and specific application of eternal law in the realm of the nature. Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772)

“We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted, not as reaching out for new guaranties of the rights of the citizen, but as securing to every individual such as he already possessed as a British subject–such as his ancestors had inherited and defended since the days of Magna Charta.” Mattox v. U.S., 156 US 237,243. (1895)

“The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.” S. Carolina v. U.S., 199 U.S. 437, 448 (1905).

“That which is implied is as much a part of the Constitution as that which is expressed, and amongst the implied matters is that the nation may not prevent a state from discharging the ordinary functions of government, and no state can interfere with the national government in the free exercise of the powers conferred upon it.“ S. Carolina v. U.S., 199 U.S. 437, 448 (1905).

“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 US 137,(1803)

“No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105, (1943)

“If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262, (1969)

“Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.” Miranda v. Arizona, 384 U.S. 436, (1966)

“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425, (1886)

“The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S., 230 F.2d. 486,489

Contact Information:

Wayne Leach: hawkeye1937@gmail.com; 207-872-8998

Phil Merletti: willowbee.traveler@hotmail.com

Gary Smart: xjdigger@gmail.com

Jack McCarthy: nofda.com@gmail.com

Jack & Margy Flynn: jackmargyflynn@yahoo.com