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home : opinion : opinion September 02, 2010


2/12/2010 6:00:00 AM
Letter: No law is above the man

A statement included in the article by County Manager Ron Walker in Sunday's Miner said, "No man is above the law and no man is below it; nor do we ask any man's permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor." Also, "I'd add that we don't apologize for demanding obedience to the rule of law."

All individuals have certain inalienable rights, one of those being the freedom of political speech. The Constitution is the law of the land. The misconception that the Constitution gives the citizens of the United States the right of freedom of political speech is in error, in that no government or its agents can give any natural right to its citizens. Rather, the framers of the Constitution and the Bill of Rights set out to guarantee that the government or its agents could not take away these rights.

King George of England ordered a set of laws concerning the subjects in the Colonies, which included a law concerning political speech. It stated that anyone saying anything against the Crown and government would be punished, and if the remarks were determined to be treason, the person responsible for those remarks could be sentenced to death by hanging.

The freedom of political speech has been under attack since this country was founded, beginning with Washington's first term in office. Alexander Hamilton and the Federalist Party felt that if political speech was granted to all members of the public as stated by the Republican opinion of Thomas Jefferson, the result could end up in "mob rule." The legislature controlled by the Federalist Party issued a series of sedition laws in order to silence the public speech and press of opinions opposed to those expressed by either Hamilton or the Federalists. Persons expressing such opinions could be arrested, and if found guilty could be fined and sentenced to jail.

Many other laws have been promoted since against political speech by federal and local governments for the good of the people, the most recent being the McCain/Feingold Campaign Finance bill. The section concerning political speech was recently found to be unconstitutional by the Supreme Court. This information was probably included in the pamphlets that were handed out during the visit of Sen. John McCain.

The Founders were determined to right the laws declared by King George by using civil disobedience. We should follow their example.

James Gaily
Kingman



Reader Comments

Posted: Wednesday, March 24, 2010
Article comment by: We Can Recall Sockwell

Folks, the recall is really charged up, we are raising money and getting signatures! This county has been under the corrupt thumbs of this BOS for too long, and they have gone too far. We can now remove Sockwell from office. Help us do this.
Please go to RecallSockwell.com to help! We meet every week, we need your help, be part of history to clean up this county! RecallSockwell.com for info!


Posted: Thursday, March 18, 2010
Article comment by: Please Step Up and Help with www.RecallSockwell.com

To help with RecallSockwell go to www.RecallSockwell.com or e-mail MohaveFreedom@Yahoo.com
The cause is growing stronger every day, but we still need people to circulate petitions and we need donations.
Now is the time for change and we can do it.c74m7b


Posted: Tuesday, February 16, 2010
Article comment by: The Watcher

I believe all of us should demand Ron Walker resign or the BOS should fire him. I think when the county gets sued because of what they have done, Walker will be gone!

Posted: Sunday, February 14, 2010
Article comment by: Jeff C.

Talk of liberty, justice, fairness, equality, and free speech, is sort of like fine pearls.

You just cannot cast fine pearls to swine and expect that they will love them.

If you cast pearls before swine, you offer something of great value to someone who doesn't appreciate it.

Swine may certainly hate fine pearls, but they have no right to take mine away.

Posted: Sunday, February 14, 2010
Article comment by: Felix Culpa

Asking permission.... UNALIENABLE VS INALIENABLE

UNALIENABLE. The state of a thing or right which cannot be sold.

Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are UNALIENABLE. Bouviers Law Dictionary 1856 Edition

"Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523:

You can not surrender, sell or transfer unalienable rights, they are a gift from the creator to the individual and can not under any circumstances be surrendered or taken. All individual's have unalienable rights.

Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. Morrison v. State, Mo. App., 252 S.W.2d 97, 101.

You can surrender, sell or transfer inalienable rights if you consent either actually or constructively. Inalienable rights are not inherent in man and can be alienated by government. Persons have inalienable rights. Most state constitutions recognize only inalienable rights.

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 to 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. DECLARATION OF INDEPENDENCE link is here:

http://www.gemworld.com/USA-Unalienable.htm

Posted: Sunday, February 14, 2010
Article comment by: Arizona Patriot Also

@No name provided:

Fail.

The Republicans control the county you live in. Unless of course, you are trolling from somewhere else.

Posted: Saturday, February 13, 2010
Article comment by: Reg

Thank God for people who are pro Constitution. If we left the country to people like no name provided we would all be slaves. Comparing a nutcase like McVeigh and his cohorts to people who fight for their CONSTITUTIONAL RIGHTS not only shows your lack of intelligence but your ignorance as well. Oh, it is Oklahoma... and losing.... LOL.

Republicans? You mean like Scott Brown, Chris Christie, and Bob McDonnell? Yep. I though so. More where that came from for BOTH corrupt parties. Bringing party lines into your argument shows your ignorance and proves my point. I vote for the best candidate who represents the people and the Constitution as it was originally drafted regardless of party affiliation for the past Have a nice day party line sheep!!

Posted: Saturday, February 13, 2010
Article comment by: No name provided

I got a goodie but oldie for all you wanna-be rambo revolutionaries, the NSA,CIA,Secret Service, FBI, SBI's all likely have you folks under eletronic watch for all this talk of fake phoney patriotism out one side of your mouths, while all the time talking about "violent over throw of our government" I got a good one for you I would not want to be you all for all the "tea" in China!

Since you folks have as much chance of a successful revolution as old Timothy McVeigh's buddies who plotted to bomb that federal court building in 1990's but got indicted and arrested before they could act, my guess is most of you are mere blow hards, loud talking, one can see you in any local bar, bragging how tough you are, how brave you are, much like you all's leaders, GW Bush Jr/Dick Cheney, but all their bravery, bravado was hollow, both dodged vietnam, one in the rich kids path national guard, and then the other in college, one has to love the chicken hawks of this world, talk tough but short on the goods!

Posted: Saturday, February 13, 2010
Article comment by: No name provided

Reg, guess us sheep living in America don't fit your secessionist dreams, nor did we fit Timothy McVeigh's and his buddy who had a bunker here in Mohave county, before he committed his delusional bit of self alleged heroism, murdering 165 plus innocent men, women and children in Oklahaom City bombing! You keep on dreaming of them revolutions, your "kind" have gone down through out history, hanging from the gallows, firing squads, electric chair and now with moderization, you can get put to sleep quietly, and leave us sheep to live in a nation we love, unlike you phoney fake hypocrites merely angry that no one but a mere 20% of you think you can dictate to 80% of us!

I find you folks entertaining at best, and sad at worst since you will accomplish nothing but giving yourselves early cardiac arrests with all that hatemongering, bitterness at loosing the last two election cycles, change your name, come up with some catchy phrases but you all are still the same old republicans angry at not being in control anymore, you control nothing now and its driving some of you to insanity!

Posted: Saturday, February 13, 2010
Article comment by: Reg

I don't know why you get all spun up when someone like NNP calls us McVeigh's and traitors. The majority of the people during the Revolution were sheep and cowards. There always will be spineless followers who will do whatever their government tells them to no matter if it is right or wrong. Look at Nazi Germany.

It is the small percentage of men andd women that say enough is enough and fight for their liberty and freedom who only wish to live their moral and good lives free of regulation and over taxation that make a difference for the sheep and cowards in this world. Do not let it upset you. These kind of people almost always lose and live a life of submission and slavery.

Posted: Saturday, February 13, 2010
Article comment by: No name provided

Conch Republic, guess it really gets your goat you control nothing but your own tongue/key board, and have no control over me, not one wit! I often find humor in folks like you with all that pent up "type A" personality anger, driving them right to the premature cardiac arrest, I do not worry about you, your tea party buddies, your feeble attempts to silence me proves how "impotent you must be in life in general"! I never tell anyone to shut up, stop speaking, but you can try bubba, but your wasting your time, the fact you used profanity in your comment shows two things, your low character, inability to control your anger, which will one day likely lead you to one of them "prison cells if it has not already"!

Posted: Saturday, February 13, 2010
Article comment by: Jeff C.

James Gaily,

VERY WELL STATED!

I wonder where Sheriff Tom Sheehan stood in all of this at the event.

I seem to recall that our Sheriff was at the event and was asked by Luca about any law that he had to observe in regard to handing out fliers on County property.

Isnt there any law that our Sheriff can use towards Buster and the security guard as they seemed to conspire and threaten Luca with removal from the property just because he was handing out fliers?

I would think there would be a law against doing such things and I would think that it should be an arrestable offence, in my own opinion of course.

Our Sheriff is an elected official that is paid by the citizens of the County and he and his deputies should have a high regard for our rights and are paid and employed by us to help protect them.

I would like to find out what our Sheriff has to say or DO on the matter.

Posted: Friday, February 12, 2010
Article comment by: Conch Republic

To the ignorant backward bastard child of the Neo-Nazi inspired paranoid who keeps writing:

"Guess the funny thing with you secessionists, seditionists, traitors is more power to you! I for one am not joining any treasonous bunch of scoundrels, who hide behind phoney, fake patriotism and pretend they love America! You folks are very likely the same crowd who worked with that other fellow here in Mohave County called Timothy McVeigh!"

Keep you personal problems with your neighbors out of the conversation. No one here has ask you to participate in anything, you are the one who keeps interluding with your mumbo-jumbo and nonsensical socialistic rhetoric.

What about people standing up for their 1st Amendment and the Constitution bothers you so much? Go take a chill pill like Nancy and Obamy tell you to and drone or rant yourself to zombieland while modern day Hitlers are burning Patriots instead of Jews!

BTW in 1982 after some Patriots stood up for themselves against Border Patrol by suceeding from the United States for only 20 minutes, the Conch Republic was born and Florida got its tourist industry back, uninterupted or harrassed by Big Brother!

Posted: Friday, February 12, 2010
Article comment by: No name provided

My statement stands, one can rant, rave, rail against the government till the cows come home! Thats freedom of speech, you can even protest in front of the white house, congress & senate for all I care, but take one violent act against this great nation and one will see how cowardly you are when they put you in that federal prison cell if your lucky, and do not get the ultimate penalty for traitors a nice execution! I would have no pity or sympathy for you in either case! Now whine, cry till the cows come home all your protests of why I will not join you matters not one wit to me! I love this country, it has its flaws, but no better country exists, if your so unhappy, do not let the door hit you in the behind at the border!

Posted: Friday, February 12, 2010
Article comment by: Ace

No names provided, LOL "Scoundrels"? That is too funny coming from a cowardly dog like you.

Posted: Friday, February 12, 2010
Article comment by: The Supreme Law

All Tea Partiers are essentially traitors to the country and should be tried-and punished-as a traitor. You know what I mean by that.

Posted: Friday, February 12, 2010
Article comment by: Spartacus

@ No name provided --

"Guess the funny thing with you secessionists, seditionists, traitors...," and earlier, "...a fine line exists between sedition/treason..."

You have the right to say practically anything you want on these boards. And, judging from your posts elsewhere on this web site, which are easy to identify, you're well aware of that.

Please consider a few things.

This coming July 4th, it will have been 234 years since the Second Continental Congress adopted the Declaration of Independence, a document announcing the formal separation -- the independence -- of the 13 colonies from Great Britain.

The Declaration listed the injustices of King George III as justification for independence, and asserted certain inalienable rights -- God-given rights -- including (not surprisingly) the right of revolution.

Over the course of the years since Jefferson authored the original draft, and he and others of his mind and heart refined it, there have been countless seductions of the minds and hearts of American citizens by others -- politicians and private individuals alike -- attempting to subvert the Declaration's basic tenets.

These attempts have never been so bold as the overthrow of a government by war or coup, but have rather been subtle changes, one after another, seemingly insignificant to many, but alarming to others.

This, over time, as a cancer claims its victim, has undermined the principles held by Jefferson, his colleagues, and the thousands of colonists who agreed that to do anything less than die fighting for American independence, was to instead die morally, ethically, in submission to a tyrannical government.

Today there is a polarization between those who believe government must inherently grow to fully assume the responsibility of caring for its citizens, and who embrace the notion of radically reshaping the very liberties for which the original framers labored, and those who believe it's time to radically reshape a government that has taken over the very citizenry it was designed to serve.

In the last 18 months, 20 states have passed or are in the process of passing sovereignty legislation, and a dozen more state legislatures are considering it. State nullification of various federal laws, a process almost unheard of since the tariffs of 1828 and 1832, has occurred at several levels, including a majority of states adopting resolutions to ignore RealID, and more recently, a dozen or more states adding ballot propositions that if passed would outlaw federal mandates on health care. Add to that the 31 states that have passed, are in the process of passing or are introducing 'Firearms Freedom Acts', which challenge the federal government's commerce clause.

In view of this, it becomes increasingly difficult to ignore an emerging pattern: a large number of states are positioning themselves for action against the federal government.

Exactly what that action may be is anybody's guess. Independence from an oppressive government? Perhaps; perhaps not. But the greater question is why are so many states passing this kind of legislation -- legislation that can only be described as securing, to some degree, that independence.

When you bandy about terms such as sedition, Nnp, and imply that it is treasonous for American citizens to gather in discussion of how wrong they believe the government might be, and discuss how can it possibly be reined in, you are in fact ignoring that original document -- the Declaration of Independence -- as well as the Constitution of the United States, the principles held by the framers of those documents, and the countless tens of thousands who have died defending the ideals outlined in those documents.

In short, contrary to the aims of your frequent anti-secession rants, I believe you're slapping America in the face.

The same may be said for anybody who looks at government today and says, "It's alright. They're only looking out for us."

From the preamble of the Declaration:

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

Posted: Friday, February 12, 2010
Article comment by: No name provided

Guess the funny thing with you secessionists, seditionists, traitors is more power to you! I for one am not joining any treasonous bunch of scoundrels, who hide behind phoney, fake patriotism and pretend they love America! You folks are very likely the same crowd who worked with that other fellow here in Mohave County called Timothy McVeigh!

Posted: Friday, February 12, 2010
Article comment by: azmac

Here is a you tube video of the Declaration of Independence. Always brings tears to my eyes.

http://www.youtube.com/watch?v=jYyttEu_NLU&feature=related

King George is back.

Here is some of our history. Copy and paste

http://www.ushistory.org/declaration/document/index.htm

Posted: Friday, February 12, 2010
Article comment by: Paul

James: Very well done. Finally someone steps in who not only understands American history, but is also able to put it into print for the understanding of all readers. Not that all readers will believe you or agree with you, for they have been constantly brainwashed by politicians as well as educators for too many years and we have had the word “democracy” imprinted on our brains constantly by both as well in an effort to transition us from a Republic to Socialism.

Loyd: So nice to see you step in on this. Your comment is not only accurate, it is also eloquently stated as usual – with respect, I thank you.

No name provided #1: Rather than badmouth your comments and try to exploit how ignorant you are I will try to help point you toward the “truth”. If you would make an effort to research the Executive Orders that have been issued in the past ten to twenty years as well as research many legislative bills that have been shoved down our throats, you may be whistling a different tune. May I suggest you start with an internet search for “REX84” and move forward from there? I guarantee you will find that our current government has made plans for controlling the treason/sedition that you refer to and are expecting it. It’s all public information and law at this point. To put it more bluntly, “it’s a done deal”! This now leads to the ultimate question. Which form of government are you going to stand for - the Republic for which our American flag stands base on our Constitution and Bill of Rights as well as God given rights, or the current disaster that calls itself our government? You have a choice to make.

Posted: Friday, February 12, 2010
Article comment by: Ace

To no name provided,

The nation was born of treason, Read the Declaration of Independence sir, there are FAR more reasons to compel the people to rebel now then there ever was in 1776. I agree that it is a risky venture to speak of this when so much treason from our elected servants has already occured , such as the "Patriot" act ,FISA, Warner Defense authorization bill suspending the Posse Commintatus act. suspension of Habeas Corpus. When was the Declaration of Martial law made? When were the declarations of War against Iraq and Afghanistan voted upon? No sir the ursupations and treason has occured by those in power.

And BTW there was a silent and bloodles Coup d'tat in 1913.

Posted: Friday, February 12, 2010
Article comment by: No name provided

Yes freedom of speech is allowed but a fine line exists between sedition/treason as many have found out the hard way, disliking something, protesting it, speaking out against issues, laws etc, are ok, thats freedom of speech, but when you advocate violent over throw of our constitutional government then your acting in sedition, treason and nothing but a traitor in my book! As to civil disobedience, depends on what one does, if one does it non violently as Martin Luther King advocated ok, but if one advocates use of force aganinst our government guess the old saying is you will have to pay the piper, and they will have plenty of federal prison cells for you to contemplate the errors of you thinking! To many folks do not realize freedom of speech does not authorize treason/sedition!

Posted: Friday, February 12, 2010
Article comment by: Loyd

Well, James Gaily -- it seems that you have sheared away the fluff and truly exposed the naked truth of the matter in question here. Well done, sir.

Suffice it to say that the framers had the insight and wisdom to gel the foundations of this country with the concrete recognition of those several inalienable rights as so eloquently stated in our Constitution and Bill of Rights.

Comes now the Walker / Sockwell fiasco, and by the resounding quiet of the remaining board members in silent acquiescence, it appears we have a unanimous drawing of a line in the sand by our county leadership.

So, while the concentrated focus is on the stick and "the line in the sand", might it be suggested that some attention be turned to "the writing on the wall".

To heed it not would not be prudent -- in my humble opinion.

Posted: Friday, February 12, 2010
Article comment by: No name provided

I think the question is; how much garbage will the American people put up with before their ready to use a force of arms and be willing to kill or be killed to start over again. I am ready but like most people it's going to take a strike on the head to light the match. Personally I believe that if the country crashes as some analysts think it will this year, that will be the start, rioters will start looting, stealing and burning down buildings when the food runs out, then when the businesses are gone or empty these rioters/looters will spread out into neighborhoods and a war of survival will start.

Posted: Friday, February 12, 2010
Article comment by: 12:00 P.M.

A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference. -- Thomas Jefferson

February 16th 12:00 P.M.


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