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Mark R. Ferran
Albany, NY
July 25, 2002

Abraham Lincoln said "Let [Law] be preached from the pulpit, proclaimed in legislatures, and enforced in courts of justice." Link And President Abraham Lincoln stated that IF the Federal Government violated a Constitutional Right of any State or of its People, that State and People would have the Moral and Legal authority to SECEDE from the Union, and/or to wage WAR against the United States.

In 1984, the Supreme Court made it clear in Oliver v United States, 466 US 170, and Hudson v. Palmer, 468 U.S. 517, that landowners in the several states no longer have any Property rights which Executive Agents of the Federal Government are bound to respect, (see e.g., Link ) and has explicitly condoned and promoted the "intentional" commission of "Unauthorized Deprivations" of ___, Liberty and Property by Federal and State Executive Agents against free citizens in the several states.

One scholar describing President Richard M. Nixon's legacy, including his assault upon the Bill of Rights, narrowly focuses upon the erosion by the Supreme Court of the rights of persons accused of crime: link "The term 'Rehnquisition' first appeared in a Harvard Law School publication in the early 1970's." Bradley, Criminal Procedure in the Rehnquist Court: Has the Rehnquisition Begun?, 62 Ind. L. J. 273, 273 (1987). The term originally referred to then-Associate Justice Rehnquist's vision of criminal procedure as indicated in his judicial opinions--a bizarre, quasifascist world in which the basic rights and judicial remedies of criminal defendants are steadfastly belittled and denigrated, and the powers of police and prosecutors are steadily exalted and expanded. ... These frightening, alien principles may be summarized as follows. First, lawlessness in law enforcement [i.e., lawlessness in government] is permissible.... " link

But the Supreme Court's destruction of the Basic Rights of the People is no longer limited to coercing and depriving those who are accused of violating Penal statutes written by the People. In 1994, In Albright v. Oliver, 510 US 266, the US Supreme Court, lead by Nixon-appointee Chief-Justice Rhenquist, extended the treasonous "Doctrine" of "Unauthorized Deprivation" to empower Federal or State Executive agents to make-up pretended offenses not prescribed by the People's statutes in order to charge and to subject citizens to coercive "unauthorized deprivations" of Liberty and/or Property. This Doctrine defies the express guarantee(s) "Of Law" written in the US Constitution, and effectively vests in Executive and Judicial agents the (formerly Legislative) Power to coercively dictate what property a citizen may hold, and what particular activities (Liberty) a free citizen will be allowed or forbidden to engage in. The Doctrine subverts the "right of the People" to "Keep" arms for lawful purposes, because Executive Agents of the Government are no longer forbidden to commit "unauthorized deprivations" of any "property" including arms. The Doctrine gives the Executive and the Courts the Power to coercively Rule the People independently of the Statutes and Laws adopted by their Legislatures through republican representative processes.

In a Republic, Law is "The Consent of the Governed." link In 1803 Chief Justice Marshall noted, in Marbury v. Madison, 5 US (1 Cranch) 137, that "The government of the United States has been emphatically termed a government of laws, and not of men." But he warned that "It will certainly cease to deserve this high appellation, if … Law is incapable of securing obedience to its mandate."

The Due Process of Law clause of the Fifth amendment, explicitly guarantees that Executive agents of the Federal Government shall not commit Unauthorized Deprivations of Life, Liberty or Property of the people in the several states. Link In Dred Scott v. Sandford (1856), Judges opined that the "powers of the Government and the rights and privileges of the citizen are regulated and plainly defined by the Constitution itself" and that that by the Constitution "the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law." Dred Scott. link

"Due process of law requires, first, the legislative act authorizing the [ depriv]ation, pointing out how it may be made....; and, second that the parties or officers proceeding to make the [depriv]ation shall keep within the authority conferred, and observe every regulation which the act makes for the protection or in the interest of the [citizen], except as he may see fit voluntarily to waive them."

Chicago, Burlington &c. R'd v. Chicago, 166 U.S. 226, 241 (1896) (quoting 2 Story Const. § 1956 (Cooley ed.)). link "The absence of proper prior statutory authority for the [deprivation] constitutes a denial of the substantive [Law] element of due process." Nichols, On Eminent Domain, § 4.9.

Due Process of Law is the "general law, operating equally upon every member of our community, which the words 'by the law of the land,' in Magna Charta, and in every subsequent declaration of rights which has borrowed its phraseology, make essential to the safety of the citizen, securing thereby both his liberty and his property, by preventing the unlawful arrest of his person, or any unlawful interference with his estate.' ... Chancellor KENT, (2 Comm. 13,) adopts this mode of construing the phrase. Quoting the language of Magna Charta, and referring to Lord COKE's comment upon it, he says: 'The better and larger definition of due process of law is that it means LAW in its regular course of administration through courts of justice.' This accords with what is said in Westervelt v. Gregg, 12 N. Y. 202, by DENIO, J., p. 212: 'The provision was designed to protect the citizen against all mere acts of power, whether flowing from the legislative or executive branches of the government.' ... And in Walker v. Sauvinet, 92 U.S. 90 , the court said:

'A state cannot deprive a person of his property without due process of law.... Due process of law is process according to the law of the land. This process in the states is regulated by the law of the state.' ... Law is something more than mere will exerted as an act of power. It must be not a special rule for a particular person or a particular case, but, in the language of Mr. Webster, in his familiar definition, 'the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial,' so 'that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society,' ... Abritrary power, enforcing its edicts to the injury of the persons and property of its subjects, is not law, whether manifested as the decree of a personal monarch or of an impersonal multitude. And the limitations imposed by our constitutional law upon the action of the governments, both state and national, are essential to the preservation of public and private rights, notwithstanding the representative character of our political institutions. The enforcement of these limitations by judicial process is the device of self-governing communities to protect the rights of individuals and minorities, as well against the power of numbers, as against the violence of public agents transcending the limits of lawful authority, even when acting in the name and wielding the force of the government." Hurtado v. California, 110 U.S. 516 (1884) link

“The citizens are the authors of the LAW ... because the Law derives its AUTHORITY from the CONSENT of the public, expressed through the democratic process.” Building Officials & Code Admin. v. Code Technology, Inc., 628 F.2d 730, 734 (1st Cir. 1980).

Government "derives its authority [to act and to enact rules] from the same pure and sacred source as itself: the voluntary and deliberate choice of the people. ... Laws derived from the pure source of equality and justice must be founded on the CONSENT of those whose obedience they require. " Chisholm v. Georgia, 2 U.S. 419 (1793) (emphasis in original). If a ruler has no duty to refrain from intentionally committing an "unauthorized deprivation" of a person's life, liberty, or property, then that person is not a "citizen" in a Republic, but merely a "subject" or a "slave."

A "Citizen" is protected by the Constitution from Random and UNauthorized deprivations, BUT a "'slave" is by definition a "subject" who has no Constitutional rights that Executives and Judges are "bound to respect." Dred Scot. "A subject ... hath no way to oblige his Prince to give him his due. " Chisholm.

Pursuant to the US Constitution, a "citizen" of a "Free State" has the "right to resist" an unauthorized deprivation of life, liberty, or property, and "to keep and carry arms" for that lawful purpose. Dred Scott. "[I]t being reasonable and just should have a right to destroy that which threatens me with destruction." (Locke, Second Treatise of Civil Government, 14)

The only remedy associated with an injury to a "slave", was "compensation" (to his master). The Thirteenth Amendment, a result of the first american Civil War, provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Therefore, the million or more slaves in our prisons today who "have been duly convicted" of "crime" are not supposed to enjoy the SAME rights (to have Liberty, and to hold Property) as free citizens expect to enjoy. The Form of Government existing inside our prisons is not a Republic, and rarely resembles a Government of Laws- the inmates have no "right to resist" the Will of their Masters.

Until about 1950, American law schools taught that: "Constitutional government is a government by law. The office of the state is to establish and maintain laws." Henry Campbell Black, American Constitutional Law §70 (4th ed., West Pub. 1927). They also taught: "Due process of law requires, first, the legislative act authorizing the [depriv]ation, pointing out how it may be made... etc."

These original principles of the People subsequently went out of favor with "law professors," and are no longer found written in any common "law school" textbooks. By the 1970s, Attorney Richard M. Nixon and his associates including (now-Chief Justice) William Rhenquist endeavored to establish a different Form of Government that can act against the People totally unconstrained by Law (and therefore operates outside and beyond the Consent of the Governed).

In Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) and Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), etc., the US Supreme Court opined that the Constitutional rights of Free Citizens and of Slaves (prisoners) to hold property shall henceforth be the SAME in the United States, and that free citizens shall be governed like the slaves- by the same Form of "random and unauthorized" government which operates efficiently inside our prisons. The Court opined that no Executive or Judicial officer of the United States nor of the several States who has sworn to uphold the Constitution has a duty to refrain from intentionally committing "random and unauthorized" deprivations of a free citizen's ____, "liberty" or "property."

"This doctrine dictates that a state actor's random and unauthorized deprivation of a [free citizen's, ___, Liberty or] property does not result in a violation of [Constitutional rights that will be respected]. link Under this Doctrine, Executive Agents of the Government are no longer required by their Oath of Office "to follow established state procedures [i.e., Law]" when dealing with the ___, Liberty, and Property of citizens.

This Doctrine condoning "Unauthorized Deprivation" is as destructive of the security of Life, Liberty and Property, as were the odious Writs of Assistance, pursuant to which "Every [executive agent of the government] may reign secure in his petty tyranny and spread terror and desolation around him, until the trump of the archangel shall excite different emotions in his soul. [N]ot only deputies but even their menial servants are allowed to lord it over us." link link

"In 1761 the validity of the use of the Writs [of Assistance] was contested in the historic proceedings in Boston. James Otis attacked the Writ ofAssistance because its use placed 'the liberty of every man in the hands of every petty officer.' His powerful argument so impressed itself first on his audience and later on the People of all the Colonies that President Adams was inretrospect moved to say that "American Independence was then and there born. ... [It was therefore recognized that] the broad constitutional proscription [in the Due Process of Law clauses, includes] the right to shut the door on officials of the state unless their entry is under proper authority of law. The second, and intimately related protection, is self-protection: the right to resist unauthorized [deprivations of Life, Liberty and Property]" Frank v. Maryland, 359 U.S. 360 (1959) link

Thomas Jefferson said: "Nothing is ours, which another may deprive us of." (to Maria Cosway, 1786. ME 5:440 )

The Due Process of Law clause in the US Constitution and in every state constitution formerly guaranteed "the inherent and inalienable right to protect [life, liberty, and] property" from unauthorized deprivations. The Doctrine of Unauthorized Deprivation denies to the People their inalienable "right to resist" unauthorized deprivations.

To avoid objection by the Aristocratic Masters of the People (i.e., Attorneys), the Doctrine carefully preserves the procedural right of the citizen's adoptive Master (i.e., Attorney) to seek compensation (e.g., up to 1/3 of the market value of the citizen) for an "unauthorized" injury to his citizen. Justice Powell, although not a true champion of Government by Law, objected to the Court's "narrow, wholly procedural view of the limitation imposed on the [government] by the Due Process Clause" in the Parratt decision and warned that there was "a somewhat disturbing implication in the Court's opinion" and "that the reasoning and decision of the Court today, even if viewed as compatible with our precedents, create new uncertainties" with respect to the "substantive" rights of free citizens! Nevertheless, this degenerate (Sodomite) form of "Random and Unauthorized" Government is becoming the actual Form of the Government of the United States and of every government in the United States. In this Sodomite Form of Government, no Executive Agent of the Government has any duty to Read the Laws, nor any duty to "keep within" the Authority conferred by Law; No Judge need bother to restrain an unlawful (Unauthorized) deprivation committed or threatened under false pretense of authority. The People in each State, their lives, liberty, and property, are to be subject to the arbitrary Will of Men, and their income and property is to be subject to unlimited taxation to support and fund such unlimited lawless deprivations. The Unlimited Power to Tax the People has become the Unlimited Power to Control and Destroy the People, one individual at a time, or whole families (e.g., R. Weaver's) and communities (e.g., in Waco, TX) at a time. A Government that claims the unlimited power to Destroy its People, is destructive of the rights of Life, Liberty and Property that it was established to Secure.

According to John Locke, "The great chief end therefore, of Mens uniting into Commonweaths, and putting themselves under Government, is the Preservation of their Property." He also said, "Whenever [rulers] endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience,..." -- John Locke, 2nd Treatise of Government, 1690.

James Madison said: "The preservation of a free government requires not merely that the metes and bounds which separate each department of power may be invariably maintained; but, more especially, that neither of them be suffered to overleap the great barrier which defends the rights of the people [i.e., the Rule of Law]. The rulers who are guilty of such an encroachment exceed the commission from which they derive their authority, and are tyrants. The people who submit to it are [not] governed by laws made ... by themselves nor by an authority derived from them, and are slaves." A Memorial and Remonstrance-against religious assessments" (c. 20 June 1785), in William T. Hutchinson, Robert A. Rutland, et al., eds., The Papers of James Madison, 15 vols. by 1985 (Chicago and Charlottesville: University of Chicago Press and University Press of Virginia, 1962-), 8:299-300. Jefferson said: "The functionaries of every government have propensities to command at will the liberty and property of their constituents. There is no safe deposit for these but with the people themselves" To Colonel Charles Yancey (6 Jan. 1816), Bergh 14:384.

The Declaration of Independence teaches that: "Governments are instituted among Men, deriving their just Powers from the Consent of the Governed," to "SECURE" Mankind's "inalienable Rights" including "Life, Liberty and the Pursuit of Happiness," and 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 a 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."

According to the standard articulated by President Abraham Lincoln, because the Federal Government has asserted an Unlimited Power to Destroy the People in each state through "Unauthorized Deprivations" of __, Liberty, and Property, the People in each State have been deprived of their allegiance to it, and now have the moral and legal authority to secede from and/or to wage War against the Government of the United States.

The People should first consider amending Article III of the US Constitution to reform or abolish the US Supreme Court and repudiating that Court's pernicious "doctrine" which condones "unauthorized deprivations" and which promotes here the same lawless and arbitrary form of government that was deceitfully established in Sodom and condemned by God. Ezekiel 22:25-28 )

In case the People's effort to limit their Government with Words shall continue to fail, the People should prepare to do so by Swords. Those among the People who now keep and bear arms and who cherish the Security for Life, Liberty and Property which only a constitutionally limited government (i.e. limited in its deprivations by the Consent of the People) can provide, should begin engraving their swords, their guns, and their bullets and every weapon they possess with the motto "Inimicus Tyrrani" (The Enemy of Tyrrants). And, as Jesus instructed, "let him who has no sword sell his robe and buy one." ( Luke 22:36; Matthew 10:34) Let those among the People who do not yet possess arms sufficient to defend themselves sell their clothes if necessary to purchase arms, or to make them. And, "Put on the whole armor of God, that you may be able to stand against the wiles of the devil. For we do not wrestle against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this age, against spiritual hosts of wickedness in [High] places. Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand. Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness." Ephesians 6:11-14

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." --Thomas Jefferson to William Stephens Smith, 1787. ME6:373, Papers 12:356

Mark R. Ferran

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