Monday, September 28, 2020
Stand Firm Against Officials Dangerous to Liberty
You will notice Justin submitted this post a couple of days ago. I am an anti-masker and in saying so Justin’s submission points out mask mandates very simply shred Liberty in the Constitution and Natural Rights the Constitution is supposed to protect. There is NO conclusive evidence a mask protects anyone from COVID or any virus for that matter. The hypocrites in the CDC, NIH and Surgeon General have waffled so much on mask efficacy giving despotic control to Dem-controlled regions that their claims of science is ridiculous.

By Justin O. Smith
Sent 9/26/2020 12:37 AM

"A man's natural rights are his own, against the whole world; and any infringement of them is equally a crime, whether committed by one man, or by millions; whether committed by one man, calling himself a robber, ... or by millions, calling themselves a government." ~ Lysander Spooner [Blog Editor: In the realm of politics and philosophy Spooner is a bit of an enigmatic figure in my opinion. The brief readings I found all seem to agree on one particular character, specifically the descriptor of Anarchist. For me Spooner’s enigma is his support and contradiction of the use of violence to achieve ends. For history buffs you can form your opinion: Wikipedia, FEE, Mises Institute and Ammo.com]

All people desire to live free and have the ability to exercise their individual liberty in a free society, especially here in America, where until recently, our nation has had a long history of preserving and defending all manner of freedoms for all our people. But today we consistently see one despotic case after another of the people's basic personal freedom and individual liberty violated by some ill-informed "public servant" or police officer carrying out an illiberal and despotic "order" emanating from some governor's or mayor's office, these petty tyrants, enforcing unreasonable, high-handed "policies", that have no real basis in any law.

Take a look at what the Constitution actually states in plain language and read it through the prism of the Original Intent of the Founders, and a person finds that any such power taken for granted as the authority of the government doesn't exist anywhere within this document. The government cannot infringe upon Our personal freedoms, willy-nilly, regardless of any plandemic or emergency, no matter the vast number of excuses and flawed or outright erroneous science they offer as justification.

In recent days, America, the good Americans, watched in deep dismay, concern, and a great deal of anger, as five men and women were arrested in Idaho for worshiping at an outdoor church service without a mask, in Moscow, Idaho. This was considered a violation of the mayor's and City Council's draconian and arbitrary order that extends a mask mandate to January 2021, even though there no longer remains any real health emergency surrounding "the Virus", that has proven much less severe and deadly than projections.

How many times will these mask mandates be extended? What happens in 2021 in Moscow, Idaho? Another extension into 2030? 2050?

On September 23rd in Logan Ohio, Alecia Kitts had made an hour and a half drive to see her son play in a ball game, where she sat with family members the required six feet distance away from other groups. It wasn't long before she was approached by a policeman who noticed she wasn't wearing a mask. She initially objected and stated correctly that she had done nothing wrong, and it was at that point that this small young lady was manhandled, tasered and arrested, like some thug criminal would be, for "non-compliance" with "the rule" and the governor's mask mandate, when in actuality, as written, she was absolutely in compliance for outdoors, and in light of her own asthmatic condition.

VIDEO[JOS]: Woman arrested as result in not wearing a mask.

[Posted by The Timmyz
349 subscribers - Sep 23, 2020

Only in LOGAN OHIO does a person get TASED AND ARRESTED as a result of not wearing a freaking MASK

To use this video in a commercial player or in broadcasts, please email licensing@storyful.com]

But regardless of how it's written or who complies or doesn't comply with it, the [Governor Mike DeWine] [JOS]order's premise is flawed and illegal on its face and should never have been given any ground or legitimacy whatsoever, from the start.

One witness can be heard on a video of the incident exclaiming in disgust, "Tasing this lady over not wearing a damn mask."

So, this is what good Americans are handed, after they initially went along with a "temporary" lockdown measure aimed at "flattening the curve". Well, the damned curve has long been flattened and its past time to end this insane arbitrary tyrannical use of police powers and force against regular, peaceful citizens just trying to go about their everyday life, as best they can.

I see a massive lawsuit on the behalf of Ms. Alecia Kitts against the Logan Police Department and Marietta City School System on the horizon, in the near future.

And I can hear the cop saying, "I was just following orders." Isn't that what the Nazi SS, such as Adolf Eichmann, said at their Nuremburg Trials? Hhmmmm ... I wonder where that goes?

Fortunately, here in my home county (Rutherford County, TN), Mayor Bill Ketron issued a statement acknowledging the end of his mask mandate on September 22nd 2020, not that I was too concerned. I haven't worn a mask since the first day the mandate was issued, and just like Ms. Kitts, I would have resisted any attempt to arrest me for non-compliance; I probably would have kicked the officer's fat ass down the steps, if I could, simply on principle, no matter the price I would pay afterward.

Too many people say, "Oh, it's just a mask. It's just being 'respectful' to others. What's the harm in just wearing it to make others feel better?" No. It's not just a mask and I'm not concerned with anyone's feelings. These mask mandates are strictly about control and a blatant, overt act of tyranny from any government entity forcing them upon the people.

Making an observation on the lockdowns on September 16th, U.S. Attorney General William Barr noted: "You know, putting a national lockdown, stay-at-home orders, is like house arrest. It's -- you know -- other than slavery, which was a different kind of restraint, this is the greatest intrusion on civil liberties in American history."

Numerous lawsuits have grown from the abuses of power America is experiencing across our land, and while many activist, Marxist judges or judges who simply don't understand the Constitution -- probably bottom tier graduates of their respective law schools -- have ruled on the side of the tyrants, some, such as Judge William Stickman, for the Western District of Pennsylvania, full well understand the implications, and they are ruling against these unconstitutional orders, in a righteous and correct manner. On September 14th, in [JOS]Butler v. Wolf, he ruled that the Governor Tom Wolf's pandemic restrictions were unconstitutional, and he upheld that ruling again on September 22nd, stating that he was not convinced by the Wolf administration's argument "that irreparable harm will result if a stay is not imposed."

In his ruling, Stickman, a Trump appointee to the Court, stated: "The liberties protected by the Constitution are not fair-weathered freedoms, in place when times are good but able to be cast aside in times of trouble. There is no question that this Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. ... the Constitution sets certain lines that may not be crossed, even in an emergency

Quite a few judges are hiding behind Jacobson v. Massachusetts (1905) [Blog Editor: Short Version & Long Version] as their justification for upholding these illegal mask mandates and social distancing, even lockdowns, giving way to an erroneous view of the Constitution, since they ignore, that even the judges of the day made note of the potential for abuse of power through this ruling, if people weren't careful in the future. The judges of 1905 even stated that their ruling didn't mean government had complete authority to act in any manner contrary to one's personal and individual liberty and one's inalienable rights protected by the Constitution.

Stickman's rulings essentially defended and upheld the people's absolute right to peaceful assembly for any reason, whether political, religious or commercial. It also upheld everybody's right to work, while rejecting the designation of "essential" and "non-essential" workers, since everybody has the right to travel to work, from across the street or across state lines, as a fundamental liberty protected by substantive due process of the law. His ruling is groundbreaking in that his court is the first to characterize the right to work as fundamental, and in so doing, he righteously and correctly limited and narrowly restricted the government's power in this case.

Governors do not hold any inherent power to craft regulations in the face of any emergency that carry the force of law. Under the Guarantee Clause of the Constitution, that mandates our republic, only a representative legislature, either the States or Congress, can write laws that authorize any use of police powers and force and any criminal penalties. The governor of any state cannot constitutionally write laws, which means that their executive orders mandating masks and ordering economic shutdowns are completely illegal and illegitimate and can and should be ignored completely, by any American wishing to live free and survive a crisis well, through their own good common sense applied to their needs and the needs of their own families.

As reported by Michelle Malkin on September 15th, Florida House Representative Anthony Sabatini was ecstatic over the defeat of Wolf's draconian orders, directed at "the Virus",
stating: "Some in the Judiciary are finally waking up to the fact that the government is not always right and that the Constitution is not suspended during an emergency. Sabatini, who has filed fifteen ongoing challenges to Florida's lockdown measures, added, "We're looking forward to winning."

However, over the past six months, the facts on the ground in much of America, especially the Democratic Party strongholds, reveal that most of the country was imprisoned without due process and suffered threats of renewed lockdowns, while interstate travel was severely restricted; privacy rights have been devastated and numerous business takings occurred without compensation. Many other regulations have been enforced illegally, illegitimately and outside the statutory process requirements under a pretense and cover of a health emergency, that is no more dangerous than a bad case of the flu.

An untold millions of Americans have suffered injury, in various capacities, due to circumstances set in motion and end results of these unconstitutional actions, and if other courts in every state do not act so wisely as the Western District Court of Pennsylvania, or if states' legislatures do not pass corrective legislation to ensure such tyranny never again rises under any pretense of an "emergency", or any real emergency, they will have allowed the people's Constitutional rights to be continually suppressed and violated in the future, simply because they demand that we just trust the unelected technocrats -- the supposed "experts".

Our inalienable rights empower each sovereign individual to make their own personal choices free from any government interference and not conditioned upon receiving any special permission from the government. As viewed through the prism of the Bill of Rights, our personal choices are insulated from government interference so long as those choices do not step on another individual's rights. And, since the government's power is derived from the consent of the people, any government action that circumvents such consent, violating our rights, is unlawful, invalid and unconstitutional.

Virtually every U.S. Governor, with the possible exception of South Dakota's Governor Kristi Noem, and thousands of America's mayors have violated the rights of their countrymen. They knowingly and criminally operated outside their oaths of office to their state constitution and the U.S. Constitution. Whether in Rutherford County or Logan, Ohio or somewhere in Pennsylvania, these petty tyrants do not have the authority to shut down entire counties and states and mandate masks for businesses and individuals, and, they certainly have no authority to place jail sentences and hefty fines against individuals they deem have violated their illegal orders. Each and every single one of them have acted outside the authority of their office.

This must never again happen in America under any set of circumstances or any new emergency. We must ensure that there are pathways to immediate redress of grievances under any emergency orders, especially once they are found to be premised on false and misleading information and deception and they trample on our inalienable rights, inadvertently or by plan. More importantly, sometimes less is more, and our leaders should fight their impulses to resort to extraordinary measures unnecessarily, doing more harm than good, as seen via the catastrophic economic damage from the illegal lockdowns, infringing on all of our Constitutional rights.

All Americans longing for better and more freely lived lives must continue to stand with their patriotic brothers and sisters to resist the government overreach and arrogance we see today. Keep fighting and resisting to halt the growth and expansion of the unrestrained power and corruption that runs through a deep vein in the core of all U.S. government currently, from D.C. to Tennessee to Washington and Florida and on to California, Minnesota, Illinois and all the rest. If we are to preserve our civil rights and personal freedom and liberty, we must make a firm stand against those evil and dangerous men and women currently in seats of power, whereby they have usurped Constitutional law and offered an illusion of safety to use force and compel compliance through their illegal orders, in order to return the nation to common sense governance and our constitutional principles, to restore individual sovereignty and to return America to some semblance of sanity and days that witness many of these petty tyrants and abusers of power prosecuted for violations of the federal criminal code.

By Justin O. Smith

Edited by John R. Houk
Text embraced by brackets are by the Editor. Except where indicated by “JOS”, embedded links are by the Editor.