Saturday, July 25, 2009

The real reason for racism.

We stand in a crossroads, a crux point, where every move has consequences that trip us further down paths out of our control, yet we must move. We see hatred and intolerance everywhere we look, and there seems no end to it. We talk about how we must control x, y, or z, then complain about how our lives grow emptier of value, bereft of purpose, and how we've lost our way in an uncaring world.

We talk about how this group or that group ought to be restrained in the interests of the greater good, but too often we mean 'because they aren't like me'. We talk about limiting people's rights to speak about religion, about politics, because it offends us, but it really boils down to 'because they aren't like me'. But each time we limit a class of persons, we're actually accomplishing nothing toward the works of preserving our own ideals, our own liberties, and the perceived threat of others voting away our rights, our powers, our liberties, becomes far more possible.

For liberty is a living being. When we weaken her, abuse her, she becomes more vulnerable to abuse. When we cut her, she grows weaker, when we sever one part from another, eventually unrecognizeable.

The tools to weaken liberty were set out in many works... from the 'more equal than others' part in Animal Farm, to the discussions of the ubermensch of Hitler. Any time any portion is judged wiser, more capable, more knowing, better, the other will be viewed as less capable, less knowing, more foolish, and worse.

I am a 'conservative', but in the old form. I hope for days that no laws are built on race or separation. But I must ask, however, if it is not equally racist to base ideals that any race is better or more capable in one sphere than another?

Does this not add to separation rather than combination? When we say 'a black man is more capable of empathy than a white', is it not simply another subtle form of racism? It is based entirely upon race, and therefore highly suspect. Those subtle divisions are what leads us down the road we find ourselves upon; the idea that some people are less worthy than others, less capable, lesser and worse due to an arbitrary status that has no meaning.

There will always be racists, but we equally must look at ourselves. I continually hear people talking about how 'x' is more qualified... due to nothing less than the race, or the gender, or both. How they would make a better decision than 'y' of 'z' gender. My question is why it matters? Is it not another excuse to continue racism and gender issues in the guise of equality? Is it not racism to judge, for or against, on the issue of race?

If it is not... then we are no further along than when we started. It is equally racism to look for offense due to race as to give offense due to race. We've become, via the help of others who believe us incapable of decisions about racism, overly sensitive to the subject. We find more and more that we are set up, to try and fail without the 'help' of those who have appointed themselves to help us, and benefit from the positions.

Has racism become an issue that the nation cannot allow to die? Have we implemented policies that continue the segregation, even as we claim to seek to end it? Do our policies encourage weakness and dependency upon outside sources, upon laws, rather than upon self-control, self-actualization, and self-realization? Does anyone tell us that we are too weak to continue the fight? If so, then certainly they are using racism to control you. The truth is, we are all human beings, regardless of race, regardless of gender, without regard for sexuality, for religious preference. We all have our frailties, our failings, and we all have a great deal of power over ourselves and our world.

And we all have the ability to fight those who would keep us down, those who would say to you; “Don't be like the other side. Don't get an education, that's their way. Don't better yourselves. We'll take care of you.” What hubris! What gall! Why should any people be subjugated by their own, held helpless in their circumstances then told it's the 'other side' that keeps them there? We keep getting told that it's a democracy, and that we fight to preserve democracy or institute it overseas. It was, however, never intended to be a true democracy, but a republic of limited powers, with checks and balances, including checks and balances to prevent one part of the people from enslaving the others with 'good intentions'.
And yet today, racism still lives, and slavery still thrives. Not the slavery of the plantation, or the whips and chains, but slavery of the heart, subjugation of the will, and education, and reality. And it is accomplished, not by masters of the plantation, but those who seek to 'protect', without ever allowing us to realize that there is more to protection than allowing someone else to be your champion. The true champion teaches you to protect yourselves, teaches you to channel that moral outrage into building bridges, not tearing them down. The true champion teaches you to become more than you are, and be a power in the world not because of your race, but because of who you are inside.

Judged by the content of your character, not the color of your skin. Judged by your actions, your mind, your spirit, not by the melatonin or lack thereof. We are not blind to race... but only blind to the powers within ourselves, and those who seek to maintain us as a willing electorate by trying to ensure that the 'other side' has no foothold.

How often does crime become a racial issue? How often do we see juries selected not for their knowledge or discernment, but because of their race, and cases challenged not because of the facts or procedure, but the race of the prosecutor, jury, and judge? Does it not make more sense, if a judge or prosecutor are influenced by issues of race to ensure that they do not retain the office? Are there not recourses to misdirection and malfeasance?

But yet politicians would have us believe that the only route is new laws to protect one class of citizen from another. We already have laws dealing with 'racial issues'. Perhaps a better route would be allowing us, and our 'other side' to come to grips with our differences, and to recognize our similarities. But something in us cries out after all the hatred, “We have nothing in common with them!” “Why should we embrace them when they have done this to us?” Us versus them. To use an old term 'black vs white', and absolutism. So long as either side clings to the paradigm that the other side is bad, evil, and attacking them, there can be no peace. So long as there are sides, there will be war. And so long as we embrace stereotypes, they will continue to exist, as badges of honor, or badges of shame, and those with power will continue using it for the ends of power.

Even a total idiot can see that.

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Friday, July 10, 2009

Fraus omnia vitiate

It's an old maxim that fraud vitiates anything it touches, and in the nature of such laws, even laws are subject to its hold. This posting today is about the Common Law, the law common to all, and its nature and substance. I pray you will be patient with me, as the archaic language has infected my poor, idiotic brain, and thus, I also hope, you can understand that which I wish to convey.

Fraus omnia vitiate. Fraud vitiates everything it touches. When fraud is involved in civil contract or in the establishment of a law, all such laws or contracts are unraveled, made into nothing at all. If fraud can be proven, such laws by their natures could not exist, for they were created under both a false pretense, as well as created with understanding and assent on false pretenses.

There is also an old maxim of the republican form of government (quite distinct from the pretended 'republican' party.) Potestas stricte intepreteur: A power is strictly interpreted. No grey areas, no penumbras, powers themselves must be strictly limited, not vague in any way, shape, or fashion, and wrought in powers granted specifically and explicitly to any organization via the contractual agreements of its incorporation.

Our government, by its nature, is an incorporation. It was given specific powers as a person, so the government could last far longer than the death of any or all of its original founders. It, by itself, was given no rights, but only powers to be wielded and blocked from the assumption of certain powers, acts, and writs.

This brings us to a second common law statement: In dubiis, non praesumitur pro potentia. In cases of doubt, the presumption is never in favor of a power.

These give rise to specific remedies under the law, where the federal government was Incorporated via the contract of the Constitution, and those remedies were placed within.

In the first part, there is another old aspect of the common law. "qui tam pro domino rege quam pro sic ipso in hoc parte sequitur" He who sues for the king as for himself. We have the authorization under the common law to sue for any specific actions outside the contract. Legal immunity and sovereign immunity does not apply outside the specific powers of the contract, and the states constitutions themselves are legal contracts that instituted and Incorporated the states.

These actions are called a 'Quo warrantio' action: 'By what warrant does the entity place these burdens?' coupled with the closely related common law writ of ultra vires. 'such action is outside of the power granted to the entity'.

In the United states, these writs have been specifically moved to civil law actions, however, they are still applicable to any entity, public or private, including the government itself.

In such case it would be possible to bring an ex relatione suit, or a suit brought by a private party in a qui tam action, against those projectors of ultra vires powers, where quo warrantio has failed.

If these powers were not specifically granted, explicitly granted, and the explanatory documents did not grant them, then such powers are an act of fraud. If they were specifically prohibited, they are something quite more, an act of a highwayman, a thug, and a thief. They are acts of war against our persons, and our property, and our rights, and we are no more bound to them than we are bound to declaim that the sun is made of porridge or the moon is made of apple puree.

Our nation is based upon this old, forgotten, and what they wish us to believe as 'obsolete' common law. This common law, indeed, is the only authorized law within the nation, with all of its idiosyncrasies, and all of its faults. It is part and parcel of the 'republican form of government' that the states were required to guarantee.

This republican form of government acts not only upon the federal government, but the states and the people. There is a separation of powers and specific limitations placed therein, explained within the writings of the federalist papers, and the discussions of the Continental Congress. The powers of the people themselves are limited, to prevent them from establishing tyrannies over minorities. Targeted legislation was prohibited, through the 'attainder clause' of the contract, and reaching back in time to punish someone was limited under the 'ex post facto' clause.

No legislation, according to the founders, could be written that benefited one class at the expense of another, nor that targeted classes of persons in exception to others. All legislation had to be laid down equally, or not at all. As part and parcel of a republican form of government, this was a necessary check and balance against both the government, the people, and enterprising speculators that knew if there was a benefit, or a penalty to any person, then such an imbalance would continue to infinity, ultimately devolving the whole into tyranny or anarchy, both of which the strong prevail and the weak die.

As well, checks and balances are placed against corporations, to prevent monopoly, which is assuredly its own form of tyranny.

The nature of the Constitution of these united states is nothing less than a contract establishing a new entity, incorporating it, and then placing in its hands certain, limited powers, and then very strong Prohibitions and limitations. In that Establishment, the states and people also took upon themselves specific limitations, duties, and powers, in order to prevent tyranny in all of its forms.

All of our rights in the bill of rights were ensured for that end, not established, but ensured. Any attempt at removal of those rights, regulation of those rights, or mutilating the meaning of the words until they bear as little resemblance to the original as spam bears to real meat is an act of war and subjugation, high treason, and fraud.

They do not exist because of the Establishment of the Constitution, they exist in spite of that Establishment, and moreover to resist the powers of that very Establishment and defend that entity at the same time.

Those rights, from the right to free assembly, to freedom of speech, religion, the right to keep and bear, are not created by the government for they pre-existed it. They are created to give you indications when the government is going too far... for those things must fall before full tyranny exists.

And ask yourselves, are you free to speak, or do they attempt to regulate your speech if it offends others? Are you free to assemble, to petition, to have religion, or do they create laws for, and against such? Are you free to believe, to marry, to work as you wish, or do they create benefits for or against such statuses? Are you free to carry a weapon at your side, regardless of its nature, without interference if you are using it peaceably?

Can you stand up and sue the police should they fail to protect you? No...t hey are not there to protect, but to arrest lawbreakers and preserve the public peace.

Your right to keep and bear is the right that keeps all other rights intact. If you have no right to keep and bear, they have taken away the means of protecting your property, from the 'real property' to the immeasurably more valuable 'property in rights' that Madison and Paine spoke of. When you lack the ability to enforce that property right, your property falls, and moreover, so does your liberty and your life.

Those guards are for all, even felons, even those who are unpopular, for it is the government that determines what a felony is, is it not? Perhaps this idiot has had one too many lobotomies, imbibed a few too many insecticides, however, it would seem to me that the governments, state, federal, and local, would be the most likely sources of tyranny. However, they claim the power to establish laws that then remove those rights to resist tyranny, which is its own form of tyranny.

The rule of law must prevail. The law is either limited, or it is unlimited. The Constitution limits it, and to go outside of those limits is to negate both the purpose and function of the Constitution. The law is limited in such that the president cannot assign his powers, or those of the congress, to external persons beyond the control of the very people that gave it to him. Neither can the congress assign legislative powers to the president, nor can the congress assign judiciary powers to the executive branch.

It is our duty, or sovereign duty, our right, our privilege to resist tyranny in all of its forms. Even if we die in such resistance, it is better than the misery granted to all posterity were we not to act.

We are the arbiters, the check and balance against the government, and they seek to disarm us with cunning wiles and making the Constitution vague, in spite of the clarity of language with which it was writ.

There is only one purpose for such: The purpose of tyranny. It's well-founded in the documentation that these very actions, actions taken outside of the powers granted, are acts of war, subjugation, fraud, and slavery.

And this total idiot must ask... what it means if we stand idle.

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Do we gain any security by giving up our powers to those we cannot control? Do we gain any safety, any peace, if our will, our power, and our government all are turned against us?

It's time to bring things back to the Constitution, the intent and purpose thereof, ending tyranny in all of its myriad forms.

Even this total idiot can see that.

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