Mosheh Thezion's Campaign Committee for U.S. Senate (CA)(R)
A better deal for America = RESTORE THE CONSTITUTION!
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A New Deal_2012
What_we've lost!

 



FREEDOM VERSES CIVIL LIBERTIES


 

Freedom vs Civil Liberties : In 1933, they literally took away constitutional freedom and rights and protections, and gave the people something else, called Civil Liberties, which is granted at the pleasure of the Federal Government, and slowly over the past 80 years, they have created more and more RULE based laws, 'statute laws' which the people are forced to obey, 66 million laws and counting,  ALL  OF  WHICH  IS  UN-CONSTITUTIONAL, when applied to actual people.

 
THEY took away the protection of the common law legal system, as provided for in the Constitution, and forced all the people into 14th amendment Federal citizenship corporate status, without our informed knowledge, so that they may enforce endless laws on us, most especially taxation, under penalty of prison, which is something they simply could not easily do in a constitutional common law court.
   We got ripped off.

The problem here, typically is that the average American does NOT realize what the common law is... or was.    So, let me explain, as simply as I can.

 
Civil liberties, were established in 1933, as part of the NEW DEAL OF 1933.   Prohibition, being a perfect example of the difference between constitutional freedom and government imposed Civil Liberties.... such that before 1933, they had to have a constitutional amendment to prevent our free people (you and me) from having the god given right to consume alcohol or anything else for that matter, because under the constitutional legal system, being the Common law... people are free to do what they wish, posess what they wish, in all ways, always, as long as they do no harm and do not infringe on the rights and freedom of any other people, or damage any property.

THAT WAS REAL FREEDOM... PROVIDED BY THE COMMON LAW!!!

BUT in 1933, THEY TOOK AWAY freedom, and they gave us Civil liberties, by forcing us all into 14th amendment Federal citizenship.

     That is key, because this form of citizenship was not required before 1933, until when FDR used emergency war powers to force it upon the people. WHICH IS UNCONSTITUTIONAL!!!
     That is key... because in the 14th amendment, it states, we are under the jurisdiction of the Federal Government. (as the United States)


It says, United States, which legally, means, the Federal Government, to distinguish it from state governments.    And it says clearly, it... provides privileges and immunities, which free people did not need, do not presently need, and would not want, if they are subject to the common law, as free people.
 
Amendment 14 - Citizenship Rights. Ratified 7/9/1868. (at end of civil war!)

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


This was a protection given to ex-slaves, who at the time had no protections under the Common law, and so this 14th amendment was written to protect them.

As 14th amendment citizens, the Federal government gained the power to write and impose statutes to define and limit the actual effective limits of their Rights, and by law could protect them, by demanding that all state courts prosecute them, only in accordance with Federal statute laws. (Which was not required for prosecuting any free people, who were state citizens, and as such only prosecutable in a constitutional Common Law court.)




Let me put it this way...

If today you are dragged into a Common law court, the court prosecutor would have to show the court that you actually did something really wrong, as a true crime, and provide evidence of it.

In a modern statute court, the prosecutor need only show that you broke a rule (violated a statute), and the jury is only told to decide if you indeed broke that rule, and NOT whether OR NOT it was a real crime OR NOT.


For example, in a common law court, if you had Marijuana in your pockets, they would have to show that .. either....

1) There is a constitutional amendment prohibiting Marijuana.
    OR...
2) Show that you did something bad, with that Marijuana... such as, HURT SOMEONE, or DAMAGED property.. ETC...


Possesion in itself, is not a common law crime, because you haven't actually done anything really wrong.

In a statute court, they would only need to show that there is a statute which makes possessing Marijuana a STATUTE CRIME, and as such., all they need to do is show the jury that you had these things, which if the jury agrees with it, would only prove you broke a statute rule, but, even though you broke a statute rule, you still may never of did anything wrong.. (BUT THAT DOESNT MATTER IN A STATUTE COURT, because with Civil Liberties.. we are forced to obey all statutes, as if they are actual crimes!)


Thats the difference between constitutional Common Law freedom, and Civil Liberties.




And so, consider also....

 
Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.
    In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.



Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

An infamous crime, is a felony, which is punishable by more than one year.


There are a lot of statute crimes, called a felony, punishable by more than one year. (today!!!)


But today... PEOPLE ARE ARRESTED EVERYDAY... and convicted... but are they indicted by a grand jury??????????????? (as demanded by the 5th amendment?)


No....!!!


With Civil Liberties, the prosecutor can just PROSECUTE YOU, without a grand jury! Because under Civil Liberties, we have no Bill of Rights, or Constitutional protections, because they previously forced us all into 14th amendment Federal citizenship....

GET IT??????

And with 14th amendment Federal citizenship, we lose Constitutional protections.

Is that Constitutional???      HELL NO...!!!


So, by forcing 14th amendment Federal citizenship on the people, and with it, Civil liberties, it allowed, and continues to allow the government to avoid the rules and protections such as the Common law legal system, clearly stated in the Constitution to protect the people from exactly this kind of abuse by the government.


Civil Liberties, is not provided for in the Constitution.
The Common Law is, and the two are not compatible.
 
Then, a few years after 1933... in 1938....
The legal system provided for in the Constitution was formally changed in 1938 through the Supreme Court decision in the case of Erie Railroad Co. v. Tompkins, 304 US 64, 82 L.Ed. 1188.

On April 25, 1938, the Supreme Court overturned the standing precedents of the prior 150 years concerning "COMMON LAW" in the federal government.


THERE IS NO FEDERAL COMMON LAW, AND CONGRESS HAS NO POWER TO DECLARE SUBSTANTIVE RULES OF COMMON LAW applicable IN A STATE, WHETHER they be LOCAL or GENERAL in their nature, be they COMMERCIAL LAW or a part of LAW OF TORTS." (See: ERIE RAILROAD CO. vs. THOMPKINS, 304 U.S. 64, 82 L. Ed. 1188)


The significance is that since the Erie Decision case, no cases are allowed to be cited that are prior to 1938. There can be no mixing of the old law with the new law.   The Common Law is the fountain source of Substantive and Remedial Rights, if not our very Liberties.

Which is how they took away freedom, (1938)  when they ended the Common law, because earlier in 1933, as part of the NEW DEAL they had already got America to agree to CIVIL LIBERTIES, by forcing everyone into 14th amendment Federal citizenship, which made this crime possible.


THEY DID THESE THINGS SLOWLY... So people dont get upset.
 
WE THE PEOPLE GOT ROBBED OF FREEDOM, and we must get it back!!!!!


Proposals for Freedom vs Civil Liberties :

When the Constitution is restored as law, the common law legal system also gets restored, and as such, the people regain freedom by ending the mandatory 14th amendment Federal citizenship forced on the people in 1933. As under the common law, people are sovereign free people (State citizens), who are free to do as they please, go where they please, posess what they please, so long as they do no harm, do not endanger others, and do not damage any property or otherwise infringe on the freedom of other free people.

THAT WAS (IS) FREEDOM, and under the common law, the only REAL CRIMES, are rape, murder, thieft, assault, liable, and the doing of harm in some way to people or property, or the infringement of the rights and freedoms of others, and the punishment for violations of the common law, was hard labor, or in the case of rapists, execution, or life in prison.

   Under the common law, THERE IS NO REVOLVING DOOR PRISON SYSTEM... that door is closed, and with real punishment as a real deterrent, criminals knew better than to continue to commit crimes, because they will not be getting to watch TV, or have decent foods, or the ability to sit around and socialize. No.. they all get hard labor, and must literally work to repay their debt to society, with labor. (The ACLU was re-organized in 1933, to protect criminals, from the unlimited law making of the NEW DEAL government. )
 
And perhaps as important as anything is the idea that when the court provides an attorney to defend a suspect, that Attorney should be paid an amount comprable to the government Prosecuter, and those attorneys should focus on the defence of their clients, and be limited in how many cases they can take on at any given time, and must be mandated to serve their clients, instead of rushing them through as quickly as possible, so as to make the most money by doing so, as this has resulted in bad defence efforts for the people over the past 40 years and it must stop, and attorneys who do not defend their clients, but instead work with prosecuters to force a deal and plea, should themselves be prosecuted for neglecting the purpose of their position, as court appointed defence attorneys. 

THE ENTIRE STATUTE LEGAL SYSTEM.. was an experiment started in 1938, and it was forced on the people, and it is inherently un-constitutional, because it robs the people of constitutional freedom, and is the greatest evidence we have for the oppressiveness of our government at this time.   It must end, and common law freedom restored.

 
Good people should be free, and bad people should actually be punished.
 
( the common law says..... NO HARM = NO FOUL )
( HARM = violence, thieft, rape, murder, damage.. etc....)


In 1933, FDR forced all Americans into Federal citizenship, and over the past 80 years, have robbed us all of every shred of freedom the American people once had, by raising the children of America to think that the existing statute court system, is constitutional, WHEN  IN  FACT,  IT  IS  NOT
 
   IT IS A SHAM.. a crime against freedom, and they have used it to fill the prisons with literally millions of people, who under the Constitution should never of been arrested in the first place, all of which, HAS NOT MADE US SAFER, since as part of the NEW DEAL of 1933, they literally reduced the punishment  for  REAL CRIMINALS, in exchange for the power to make endless laws.

CIVIL LIBERTIES WERE CREATED IN 1933!!!  TO REPLACE  OUR REAL  CONSTITUTIONAL FREEDOM!!   (Which they took away!!!)
 
 THAT IS A FACT!
We want our freedom back! And with such,  the Common Law justice of the Constitution restored, which will CLOSE the REVOLVING DOOR PRISONS  for good, by providing real hard labor punishment for real crimes, as a real deterrent.
 
The Constitution must be restored as law, and with it, real FREEDOM. And the only way to do this, is to demand that the Government end all states of emergency, and emergency war powers, and restore the Constitution as the rule of law!!!
 
As your President, I will do so by exective order if need be.
 
To set you free, I need your support, and I need it now.
 
 
-Mosheh Thezion


 

Modified: 03/07/10 15:21:00
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