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Ex parte Milligan, 71 U.S. 2 (1866)

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Judul : Ex parte Milligan, 71 U.S. 2 (1866)
link : Ex parte Milligan, 71 U.S. 2 (1866)

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Ex parte Milligan, 71 U.S. 2 (1866)

It is pretty troubling how some local and State governments are assuming powers over citizens during this pandemic with absolutely no authority to do so. One ought to read the Bill of Rights. An American citizen ought to know the difference between a democracy (which many claim the USA is) and a Constitutional Republic . . . which we really are. The difference, succinctly stated, is that a Constitutional Republic is a form of government which operates under a Constitution that clearly recognizes the citizens have unalienable rights bestowed upon them by their Creator . . . and not merely given by the government. While the government may rule, there are some areas which may never be imposed upon . . . namely the right to life, liberty and the pursuit of happiness.

The use of draconian laws (harsh penalties for minor infractions) is totally un-American . . . and they violate our U. S. Constitution.

Here is an example of a long-standing U. S. Supreme Court ruling on such measures. This is NOT an opinion. This was the ruling of the United States Supreme Court shortly after the “Civil War” in Ex parte Milligan, 71 U.S. 2 (1866) which yet stands strongly to this day.

“The Constitution for the United States is a law for rulers and people equally in war and in peace . . . at all times, and under all circumstances. No doctrine . . . was ever invented . . . than that any of its provisions can be suspended during any of the exigencies [emergencies/urgencies] of government.” pp. 120-121 “. . . there is no law for the government of the citizens, the armies or the navy of the United States, within American jurisdiction, which is not contained in or derived from the Constitution.” p. 141

In 16 American Jurisprudence 2d, a legal encyclopedia of United States law, suspension of the Constitution is prohibited, as follows:

“It is sometimes argued that the existence of an emergency allows the existence and operation of powers, national or state, which violate the inhibitions of the Federal Constitution. The rule is quite otherwise. NO emergency justifies the violation of any of the provisions of the United States Constitution.” Section 71

“Neither the legislature nor any executive or judicial officer may disregard the provisions of the Constitution in case of an emergency…” Section 98

Therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peaceably assemble, earn a living, freely worship, etc.) and/or attempts to enforce such suspension within the 50 independent, sovereign, continental United states of America, is making war against our constitution(s) and, therefore, we, the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE: Congress, the Senate, even the Governor and President! They have broken constitutional law therefore they all must step down. Or face a revolution.

There you have it! I had a fellow who does various tasks for me travel to the Coast this week to do some work. I put him up at a hotel. This morning he told me that he was stopped by a local policeman and was soon surrounded by four police cars . . . they simply wanted to know who he was and what he was doing here. I told him I hope he told them it was none of their blankety blank business!

I hate to be a grouch but ‘it just sticks in my crawl when one man tries to tell another man where he can go in this country’ . . . a great line in the western hit movie ‘Open Range’ delivered by Boss Bluebonnet Spearman (Robert Duval). I am in complete agreement with Boss . . . and so is the High Court.



from It is pretty troubling how some local and State governments are assuming powers over citizens during this pandemic with absolutely no authority to do so. One ought to read the Bill of Rights. An American citizen ought to know the difference between a democracy (which many claim the USA is) and a Constitutional Republic . . . which we really are. The difference, succinctly stated, is that a Constitutional Republic is a form of government which operates under a Constitution that clearly recognizes the citizens have unalienable rights bestowed upon them by their Creator . . . and not merely given by the government. While the government may rule, there are some areas which may never be imposed upon . . . namely the right to life, liberty and the pursuit of happiness.

The use of draconian laws (harsh penalties for minor infractions) is totally un-American . . . and they violate our U. S. Constitution.

Here is an example of a long-standing U. S. Supreme Court ruling on such measures. This is NOT an opinion. This was the ruling of the United States Supreme Court shortly after the “Civil War” in Ex parte Milligan, 71 U.S. 2 (1866) which yet stands strongly to this day.

“The Constitution for the United States is a law for rulers and people equally in war and in peace . . . at all times, and under all circumstances. No doctrine . . . was ever invented . . . than that any of its provisions can be suspended during any of the exigencies [emergencies/urgencies] of government.” pp. 120-121 “. . . there is no law for the government of the citizens, the armies or the navy of the United States, within American jurisdiction, which is not contained in or derived from the Constitution.” p. 141

In 16 American Jurisprudence 2d, a legal encyclopedia of United States law, suspension of the Constitution is prohibited, as follows:

“It is sometimes argued that the existence of an emergency allows the existence and operation of powers, national or state, which violate the inhibitions of the Federal Constitution. The rule is quite otherwise. NO emergency justifies the violation of any of the provisions of the United States Constitution.” Section 71

“Neither the legislature nor any executive or judicial officer may disregard the provisions of the Constitution in case of an emergency…” Section 98

Therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peaceably assemble, earn a living, freely worship, etc.) and/or attempts to enforce such suspension within the 50 independent, sovereign, continental United states of America, is making war against our constitution(s) and, therefore, we, the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE: Congress, the Senate, even the Governor and President! They have broken constitutional law therefore they all must step down. Or face a revolution.

There you have it! I had a fellow who does various tasks for me travel to the Coast this week to do some work. I put him up at a hotel. This morning he told me that he was stopped by a local policeman and was soon surrounded by four police cars . . . they simply wanted to know who he was and what he was doing here. I told him I hope he told them it was none of their blankety blank business!

I hate to be a grouch but ‘it just sticks in my crawl when one man tries to tell another man where he can go in this country’ . . . a great line in the western hit movie ‘Open Range’ delivered by Boss Bluebonnet Spearman (Robert Duval). I am in complete agreement with Boss . . . and so is the High Court.

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