A Declaration of Independence from Judicial Tyranny

c2dc1f723d791ab0369b9fdaec38e810When in the Course of human events, it becomes necessary for the people to reform the political institutions which have sought to enslave them and to resume, among the Branches of government, the free and independent station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions the electorate requires that they should declare the causes which impel them to effect this great reformation.

We hold these truths to be self-evident:

  • That all men are created equal in their access to Supreme justice,
    • That in this equality they are endowed by their Creator with certain unalienable Rights,
      • that among these are Life, Liberty, and the pursuit of Happiness (a state of wise and self adequate independence from servitude to any).
      • That to secure these rights (from murderers, oppressors, and tyranny) Governments are instituted among Men, deriving their just powers from the consent of the governed,
      • That whenever any Form of Government, including an oligarchy of the judiciary, becomes destructive of these ends, it is the Right and the Duty of the People to alter, or reform it, and to institute such reforms, on such principles and to reorganize its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; however, a the courts’ encroachment upon liberty is less than a century old and should not be called long established. However experience still shows, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

Nevertheless, 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 5577442_f260reinstitute the ancient Guards of their future security. –Such has been the patient sufferance of the citizens of the United States; and such is now the necessity which constrains her to alter and restore their Systems of Government to their previous glory. The history of the federal judiciary since the Warren Court is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over the rights of citizens to defend their lives from enemies foreign and domestic, over their exercise of conscience in religious liberty, and over of the free disposition of their own property.

To prove this, let Facts be submitted to a candid electorate:.

  • The federal judiciary has refused its Assent to Laws, the most wholesome and necessary for the public good, finding imaginary rights for gay marriage inCalifornia.
  • The federal judiciary has forbidden his Governors to pass Laws of immediate and pressing importance, such as California Proposition 187, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
  • The federal judiciary has refused to recognize other Laws for the accommodation of large districts of people, insisting that those people relinquish the right of Representation in their civil, state, and federal Legislatures, refusing them the right to prayer in public places, and the right to join, despite religion, in reading of a common Bible, these rights to representation and community deliberation on matters of conscience for their childrens welfare are rights inestimable to them and formidable to tyrants only.
  • The federal judiciary has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of allowing minority elitist groups such as the ACLU to fatigue the people into compliance with their measures that seek toremove crosses and memorials to the ten commandments from public view.
  • The federal judiciary has repeatedly disparaged and politically threatened the Representative Houses of state legislators, for opposing with manly firmness its invasions of the rights of the people to assure security in their elections, their public institutions, and their persons from foreign peoples and powers.
  • The federal judiciary has refused for a long time, after such dissolutions, to permit the tentative enforcement of such laws written by the people; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
  • The federal judiciary has endeavoured to prevent the population of these States; by removing the authority over abortion from the people and bybelittling the natural communication within the nuclear family; and by raising the conditions for parental consent for abortions.
  • The federal judiciary has obstructed the Administration of Justice, by removing from the people its right to Assent to clear evidence for establishing the guilt and punishment of predatory criminals.
  • The federal judiciary has made law enforcement dependent on its Will alone, for the definition of their offices, and the requirements of their services.
  • The federal judiciary has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
  • The federal judiciary has kept among us, in times of peace, Standing Armies of federal agents without the Consent of our legislatures.
  • The federal judiciary has affected to render itself independent of and superior to the Civil Power.
  • The federal judiciary has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving its Assent to its own Acts of legislation:
    • For quartering large bodies of federal agents among us:
    • For protecting them, by a mock Trial, from Punishment for any injustice which they should commit on the Inhabitants of these States:
    • For cutting off our Trade by pernicious regulation from all parts of the world:
    • For imposing costs on us without our Consent:
    • For depriving us, in many tax cases, of the benefits of Trial by Jury:
    • For transporting us beyond Seas to be tried for pretended offences:
    • For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
    • For overturning our Constitutions, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
    • For suspending the works of our Legislatures, and declaring themselves invested with Power to legislate for us in all cases whatsoever.
  • The federal judiciary has abdicated Government here, by declaring us as unworthy of Protection under our own laws and actively waging War against them.
  • The federal judiciary has plundered our seas denying the states its riches, ravaged our Coasts through the commerce clause, burnt our towns over Delta Smelt, and destroyed the lives of our people.
  • The federal judiciary is at this time permitted to consider transporting large armies of foreign forces of law by way which it may overturn DOMA, demand that homosexuals and homosexuals alone be permitted to inject sexuality into the military and civilian workplace, and to insist that oureducational systems teach that heterosexuals dare not distinguish their institutions and lifestyles from that which is in kind, origin, and consequence utterly different. In this way it will have compleated the works of libertys death, and reduced these citizens to the desolation of tyranny, in which words and contracts have no meaning, in which we will become entirely subject to the whims and circumstances of arbitrary Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy of the judiciary of a civilized nation.
  • The federal judiciary has expanded ancient and settled law to constrained our fellow Citizens taken Captive through their own errors to push theirpersonal liabilities against their own employees, and to become the executioners of their friends and Brethren.
  • The federal judiciary has encouraged domestic insurrections amongst us, and has endeavoured to bring on the members of our military, merciless and idolatrous savages, whose known rule of conduct, is an undisguised barbarity towards those of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress according to the unspoken rules of Mulberry vs. Chase: Our repeated Petitions have been answered only by repeated injury. A Judiciary, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.

Nor have We been wanting in attention to our Democratic brethren. We have warned them from time to time of attempts by their appointees to extend an unconstitutional jurisdiction over us. We have reminded them of the contractual nature of our constitution and representation of contractual obligation according to intent. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably corrupt the rule of law and, hence, our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as they hold us, Enemies in Politics, but in personal liberty, Friends.

cartoonWe, therefore, the citizens of the United States of America, in general outrage, Assembled, and online, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the Authority of the good People of these United States, solemnly publish and declare, That the legislative and executive institutions of these United States are, and of Right ought to be Free and Independent branches; that each is Absolved from all elements of Judicial Supremacy, and that all political decisions hitherto outlined as based on the federal judiciary as the Supreme Arbiter of the constitution between is and ought to be totally dissolved; and that as Free and Independent citizens, we the people have the full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which and Independent people may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes (before taxes) and our sacred Honor.

Notes:

Some may consider this work itself to be a form of flag desecration. Pass a law, but it is not the business of the courts. The idea that our nation needs to get so energized about our national symbol that we would pass a constitutional amendment to protect our flag seems absurd. Yet that is exactly the point. The courts have left us no choice or an absurd choice. This has happened in every category of American life. Enough.

Likewise, while many of the above links are to well-known examples of judicial overreach and activism, many will favor a variety of the outcomes. However, it is the right of the people to self-government that is at stake. The ends dont justify the means. An unbridled judicial tyranny can never set a nation at liberty.

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