Divine Right of Kings Disguised as Judicial Case Law 12312011

8/3/2019 Divine Right of Kings Disguised as Judicial Case Law 12312011

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C) Eminent Domain

3) Divine Right of Kings

4) The Enlightenment 1650AD 1800AD

5) Natural Law aka Laws of Nature

6) Consent of the Governed John Locke 1690

7) Founding Documents of the United States

A) Declaration of Independence - 1776

B) Constitution - 1787

C) Bill of Rights - 1791

8) Jurisprudence and the Rule of Law

9) Conclusion

10) What Now?

2) PRIVATE PROPERTY RIGHTS UNDER SIEGE

The issue at hand is private property rights.

Over the past few years, our property rights have been tremendously eroded.

UNITED NATIONS AGENDA 21

Most recently, property owners in Houston County Minnesota have had to defend

their property rights from the attempted implementation of United Nations Agenda

21.

Houston County Minnesota Land Right Fight:

Commissioner Tom Bjerke Calls US Constitution Old Documenthttp://bit.ly/v4WfJn

Wicked Writ of Midwest elitists in Houston County MN

https://t.co/KDchdUqA

Landowners File Lawsuit Against Houston Countys Illegal LandGrabhttp://bit.ly/umNUgt

United Nations Agenda 21 http://bit.ly/w59isD
http://bit.ly/v4WfJnhttps://t.co/KDchdUqAhttp://bit.ly/umNUgthttp://bit.ly/w59isDhttp://bit.ly/v4WfJnhttps://t.co/KDchdUqAhttp://bit.ly/umNUgthttp://bit.ly/w59isD


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In summary, though it is not represented this way, Agenda 21 is one of the firstsubversive steps to bring the USA into the proposed New World Order. The HoustonCounty Minnesota Landowners, concerned about their private Property Rights, havefiled a lawsuit in federal court. In their lawsuit, the Houston County, MinnesotaLandowners argue that their U.S. Constitutional rights have been violated. HoustonCounty Commissioners want to be able to tell property owners what they can and

cant do with their own privately owned land. This is not the liberty our FoundingFathers had in mind.

MOO JUICE

The next violation of property rights has to do with owning cows and drinking rawmilk.

Wisconsin Judge Rules No Right to Own a Cow or Drink Its Milkhttp://bit.ly/vsOLwF

Elkhart County Indiana Sheriff Brad Rogers intervenes againstfeds in raw milk case http://bit.ly/v4oKwc

In summary, various people want to be able to drink raw (more organic) milk

because it tastes better and is healthier than pasteurized, homogenized milk.

(Having grown up on a Wisconsin Dairy farm and drank raw milk for most of

my youth, I can tell you I have a superior immune system and what doctors

and dentist say is the densest bone they have ever seen)

But the government has some legitimate health concerns (and some less

legitimate financial concerns.) Greatly abbreviated, the law states that raw

milk cannot be sold to consumers for human consumption. (If you are not

aware, let this author inform the reader that most family farm families drink

raw milk with no detrimental health effects.)

Some consumers, wishing to comply with the law, have purchased milk cows

and leased space from farmers so they can legally drink great tasting, more

nutritional, content obvious raw milk. They pay the farmer to feed and milk

their cow(s). The farmer deducts the feed, labor and rent costs from the sale

of the milk and pays the difference to the owner of the milk cow. If the

owner of the cow wants to drink some of the raw milk themselves instead ofsell it, the farmer obliges.

In short, the owner of the cow wants to drink their private property raw

organic milk from their own private property cow. Sheriff Brad Rogers is

defending his constituents constitutionally guaranteed private property

rights. Sheriff Brad Rogers appears to be an oathkeeper http://bit.ly/v2R9gt

and takes his oath seriously.
http://bit.ly/vsOLwFhttp://bit.ly/v4oKwchttp://bit.ly/v2R9gthttp://bit.ly/vsOLwFhttp://bit.ly/v4oKwchttp://bit.ly/v2R9gt


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The Federal government and judges have voided fundamental property

rights ruling that NO ONE, not even the farmer and his family, can drink raw

milk legally, even from their own private property. In this case the private

property is the cow and the milk she produces and the owners private

property rights have been wrongfully voided by judicial decree.

EMINENT DOMAIN

And lastly, let us consider this erosion of property rights disguised as case

law via the expansion of the powers of Eminent Domain in or about 2005

The Supreme Court's decision in Kelo v. City of New London, 545 U.S.

469 (2005) http://bit.ly/uHfdQm affirmed the authority of New London,

Connecticut, to take non-blighted private property by eminent domain,

and then transfer it for a dollar a year to a private developer solely for

the purpose of increasing municipal revenues.

Walser Auto Sales, Inc., et al., Respondents, vs. City of Richfield MN, etal., petitioners, Appellants. C4-01-694 SUPREME COURT OF MINNESOTA644 N.W.2d 425; 2002 Minnhttp://bit.ly/slt4ZR

Best Buy, Walser Auto Sales and City of Richfield MinnesotaEminent Domain Revisited: A Minnesota Casehttp://nyti.ms/tq1Te5

Eminent Domain Abuse in Minnesota http://bit.ly/uSw93i

Public Power, Private Gain: Minnesota http://bit.ly/sD7XoJ

Supreme Court Series I: Eminent Domain http://bit.ly/sBAx43

Eminent Domain and the Rights of Propertyhttp://bit.ly/vFo8kw

The Evolution of Eminent Domain http://bit.ly/s6ijvv

Laws of Minnesota 2006, chapter 214, amended Minnesota'sexisting eminent domain laws and clarified that "eminent domain

may only be used for a public use or public purpose".http://bit.ly/rJS9Fd(Small conciliation for the Walser family)[Minnesotans should take not that this 2006 Chapter 214language change is ineffective and unconstitutional]

As Simply as this, the Fifth Amendment imposes limitations on the exercise ofeminent domain: the taking must be for public use and just compensation must bepaid.
http://bit.ly/uHfdQmhttp://bit.ly/slt4ZRhttp://nyti.ms/tq1Te5http://bit.ly/uSw93ihttp://bit.ly/sD7XoJhttp://bit.ly/sBAx43http://www.dennisbehreandt.com/en/blog/378-eminent-domain-and-the-rights-of-propertyhttp://bit.ly/vFo8kwhttp://bit.ly/s6ijvvhttp://bit.ly/rJS9Fdhttp://bit.ly/uHfdQmhttp://bit.ly/slt4ZRhttp://nyti.ms/tq1Te5http://bit.ly/uSw93ihttp://bit.ly/sD7XoJhttp://bit.ly/sBAx43http://www.dennisbehreandt.com/en/blog/378-eminent-domain-and-the-rights-of-propertyhttp://bit.ly/vFo8kwhttp://bit.ly/s6ijvvhttp://bit.ly/rJS9Fd


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In summary, most of these cases involve a Government Entity taking privateproperty from one private person and/or entity and giving it to another private partyor entity. The courts have incorrectly ruled that increasing the tax base is a formof public use (See Step 6C)

------

It appears that most of WE THE PEOPLE, the rank and file citizens of the USA just

assume the Government and the Judges must be right and simply just accept their

rulings and positions. This is exactly wrong.

"I believe there are more instances of the abridgement of freedoms of

the people by gradual and silent encroachment of those in power than

by violent and sudden usurpations."

James Madison

3) DIVINE RIGHT OF KINGS

Prior to The First Enlightenment 1650-1800AD, the overwhelmingly

prevailing philosophy and basis of Governance was known as the Divine

Right of Kings http://bit.ly/nD8gsJ http://bit.ly/tA2olL In essence, the rulers

of various pieces of lands were held to be Gods and/or the Representatives

of God(s) here on earth. No earthly person or entity could question their

authority.

The portion of the Divine Right of Kings relevant to our discussion involves

the ownership of property. Under the Divine Right of Kings system,essentially all land belonged to the King.

People were only allowed to use the land by consent of the king. Typically

the King granted various personages such as nobles use of tracts of land in

exchange for pledges of loyalty, payment of taxes and requirement to

provide soldiers upon the request of the King.

And this 2nd layer of government would further subdivide the land to others

in exchange for similar pledges of loyalty and taxes etc.

In essence, if you spoke against the king or any layer of government, you

lost your property. If you could not pay your taxes, you were gone. If the

King wanted to reward someone else with greater favor than you with a land

grant and you were in the way, you were gone.

If tradition, religion and propaganda were not sufficient to keep the populace

in check, there was always physical punishment.
http://bit.ly/nD8gsJhttp://bit.ly/tA2olLhttp://bit.ly/nD8gsJhttp://bit.ly/tA2olL


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If the deterrents of physical punishments of being drawn and quartered,

hanged, racked, broken on the wheel or paired, were not enough there were

other methods of control

If the deterrents of physical punishment did not work, imagine your family

being kicked out of your home and place of business.

And if the King or his representatives felt your community did not property

control you, the king could burn the community he owned to encourage

greater vigilance against dissent. Imagine the oppression of peer pressure in

this environment.

The point of this all being that under Government based on the Divine Right

of Kings, there were no private property rights. And because there were no

private property rights there was no freedom of speech, freedom of religion,

freedom of the press nor freedom to dissent with your government. Becauseat the absolute whim of the King, you and your family could be thrown out of

house, home and business.

4) THE ENLIGHTENMENT 1650AD 1800AD

The invention of the printing press in Europe circa 1440AD was a

technological and societal leap. When printing presses spread through

Europe, they eventually allowed the wide and rapid distribution of ideas and

information which enabled the Enlightenment. http://bit.ly/u5KJv6

What was the Age of Enlightenment? With the benefit of time and perspective,Professor Dorinda Outram provided a standard, intellectual definition of the

Enlightenment:

"Enlightenment was a desire for human affairs to be guided by

rationality rather than by faith, superstition, or revelation; a belief in

the power of human reason to change society and liberate the

individual from the restraints of custom or arbitrary authority; all

backed up by a world view increasingly validated by science rather

than by religion or tradition." [ http://amzn.to/93qVP4 ]

Cheap and easily produced Books, flyers, posters and newsletters gave rise toDebating Clubs, Coffee Houses and Universal Libraries. New information and ideas

arose and were distributed so quickly that the status quo hierarchy of Aristocratic

Government could not suppress them.

5) NATURAL LAW AKA LAWS OF NATURE
http://bit.ly/u5KJv6http://amzn.to/93qVP4http://bit.ly/u5KJv6http://amzn.to/93qVP4


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Natural law and Natural Rights follow from the nature of man and the world. We

have the right to defend ourselves and our property, because of the kind of simply

because of what we are. True law derives from this right, not from the arbitrary

power of the omnipotent state. http://jim.com/rights.html

Among the natural rights of the Colonists are these: First, a right to life;Secondly, to liberty; Thirdly, to property; together with the right to support and

defend them in the best manner they can. These are evident branches of, rather

than deductions from, the duty of self-preservation commonly called the first law

of nature.

Samuel Adams - The Rights of the Colonists, November 20, 1772 =-

Your rights, Your Natural Rights, do not come from the Declaration ofIndependence, the Constitution, the Bill of Rights, the President nor anyother elected officials. Your Natural Law Rights are innate to every individual

person. They are Unalienable. You have a personal duty and right preservethem.

"A strict observance of the written laws is doubtless one of the high

duties of a good citizen, but it is not the highest. The laws of

necessity, of self- preservation, of saving our country when in danger,

are of higher obligation. To lose our country by a scrupulous

adherence to written law would be to lose the law itself, with life,

liberty, property, and all those who are enjoying them with us; thus

absurdly sacrificing the end to the means."

Thomas Jefferson to John Colvin, 1810

Natural law theory eventually gave rise to a concept of "Natural Rights." John Lockeargued that human beings in the state of nature are free and equal, yet insecure intheir freedom. When they enter society they surrender only such rights as arenecessary for their security and for the common good. Each individual retainsfundamental prerogatives drawn from natural law relating to the integrity of personand property (natural rights). This natural rights theory provided a philosophicalbasis for both the American and French revolutions. http://bit.ly/tHozuf

As a man is said to have a right to his property, he may be equally said to have

a property in his rights. Where an excess of power prevails, property of no sort is

duly respected. No man is safe in his opinions, his person, his faculties, or hispossessions.

James Madison, National Gazette Essay, March 27, 1792

SELF-DETERMINATION AND PROPERTY RIGHTS
http://jim.com/rights.htmlhttp://bit.ly/tHozufhttp://jim.com/rights.htmlhttp://bit.ly/tHozuf


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The principles of The Enlightenment were altering the relationship between subjects/citizens

with their Sovereigns / Governments. Before the enlightenment, under the Government

Philosophy of the Divine Right of Kings, many people were considered property. They werebound to the land and could not move freely without the consent of the powers that be. There

were no individual rights but rather permissions, or privileges that could be granted and revoked

for any reason by the Monarchs and the ruling class. Further, most persons could not ownproperty. The Enlightenment brought with it the concepts of self-determination and private

property rights. And the monarchs and aristocracies that benefited most with the previous

arrangement adamantly opposed changing the status quo. http://bit.ly/tHozuf

From the outset, John Locke openly declared the remarkable theme of his

political theory: in order to preserve the public good, the central function of

government must be the protection of private property. http://bit.ly/vDh7GC

John Locke (2nd Treatise 3)1690

....the French Revolution (1789-1799) was the inevitable result of theradical opposition created in the eighteenth century between the

monarchy and the authoritative figures of the Enlightenment. These

authoritative figures (Men of Letters) of the Enlightenment constituted

a sort of substitute aristocracy that was both all-powerful and without

real power. This perception of their power came from the rise of

public opinion, born when rigid ruling elites resisted adapting to

principles of the Enlightenment and removed the nobility and the

middle class from having input into the political sphere. This resulted in

literature being published that promoted a discourse of equality

(equality between Citizen and Sovereign) which most of the Monarchs

of Europe opposed and resisted until removed by force.

http://bit.ly/tHozuf

Alexis de Tocqueville Democracy in America -1835-1840

6) CONSENT OF THE GOVERNED JOHN LOCKE 1690

Any civil government depends on the consent of those who are governed, which

may be withdrawn at any time.

Locke's political philosophy found its greatest expression in theTwo

Treatises of Civil Government, published anonymously during thesame year that the Essay appeared under his own name. In the First

Treatise Locke offered a point-by-point critique of Robert Filmer's

Patriarchia, a quasi-religious attempt to show that absolute monarchy

is the natural system of human social organization. The Second

Treatise on Government develops Locke's own detailed account of the

origin, aims, and structure of any civil government. Adopting a general

method similar to that ofHobbes, Locke imagined an original state of
http://bit.ly/tHozufhttp://bit.ly/vDh7GChttp://bit.ly/tHozufhttp://www.orst.edu/instruct/phl302/texts/locke/locke2/2nd-contents.htmlhttp://www.orst.edu/instruct/phl302/texts/locke/locke2/2nd-contents.htmlhttp://bit.ly/tHozufhttp://bit.ly/vDh7GChttp://bit.ly/tHozufhttp://www.orst.edu/instruct/phl302/texts/locke/locke2/2nd-contents.htmlhttp://www.orst.edu/instruct/phl302/texts/locke/locke2/2nd-contents.html


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nature in which individuals rely upon their own strength, then

described our escape from this primitive state by entering into a social

contract under which the state provides protective services to its

citizens. Unlike Hobbes, Locke regarded this contract as revokable.

Any civil government depends on the consent of those who are

governed, which may be withdrawn at any time.http://bit.ly/vDh7GC

7) FOUNDING DOCUMENTS OF THE UNITED STATES

There are 3 primary documents that form the basis for our current form of

Government. The Declaration of Independence, The Constitution and the Bill of

Rights with its additional amendments.

A) Declaration of Independence 1776

First this author directs your attention to the Declaration of

Independence. http://bit.ly/qXr3ib

The purpose of this exercise to provide proof that my perception of

reality is very similar to the perception of reality the Founders used in

drafting our Founding Documents.

Within the fist sentence of said document occurs the phrase Laws of

Nature (aka Natural Law).

Within the second sentence of said document occurs the phrase

certain unalienable Rights.

Within the third sentence of said document occurs the phrase Consentof the Governed (as opposed to the Divine Right of Kings)

While other language could be identified with the document to provide

further proofs, this author is comfortable in believing that almost all of

you will recognize these phrases as being reflective the frame of mind

of the Founders in drafting this document.

Please note the date of the Declaration of Independence with regard to

the time line of the Enlightenment 1650-1800AD.

B) Constitution 1787

The Constitution http://1.usa.gov/soLG5r was primarily drafted by

Thomas Jefferson, whom I have previously quoted.

WE THE PEOPLE reflect the intention for a Government with the

Consent of the Governed as opposed previous status quo Divine

Right of Kings under Englands King George.
http://bit.ly/vDh7GChttp://bit.ly/qXr3ibhttp://1.usa.gov/soLG5rhttp://bit.ly/vDh7GChttp://bit.ly/qXr3ibhttp://1.usa.gov/soLG5r


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The US Constitution does not explicitly grant Eminent Domain rights to

the Federal Government. Such power is generally inferred today from

clauses of Article 1 Section 8. This Section gives Congress authority to

establish post offices and post roads as well as authority over property

maintained for forts, arsenals and other similar facilities.

Further, the clauses in Article 1 appear to limit federal takings byrequiring the Consent of the Legislature of the Statehttp://bit.ly/s6ijvv

Again please note the Date of writing of the constitution relative to theEnlightenment Timeline 1650-1800AD

C) Bill of Rights 1791

The Bill of Rights http://bit.ly/tf7B4Q was a compromise. Some

Founders felt that the rights contained in the Bill of Rights were self

evident and redundant. Others, like James Madison, insisted thefundamental rights be reduced to paper lest overtime they be

forgotten or misinterpreted. James Madison authored much of the Bill

of rights.

For our purposes, perhaps the most notable Amendments are V, VII

and the 10th amendment.

5TH AMENDMENT PROVISIONS CONCERNING PROSECUTION

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of aGrand 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 forpublic use without just

compensation.

Property arises from the natural rights of individuals.

As Jefferson so eloquently put it in his paraphrase of John Locke,

every person has a right to life that preexists the establishment

of government. In other words, no one person or group of

people, even if they call themselves the government, can take

away the life of another.

Having a right to live presupposes having a right to maintain
http://bit.ly/s6ijvvhttp://bit.ly/tf7B4Qhttp://caselaw.lp.findlaw.com/data/constitution/amendment05/http://bit.ly/s6ijvvhttp://bit.ly/tf7B4Qhttp://caselaw.lp.findlaw.com/data/constitution/amendment05/


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ones life by acquiring food, shelter, clothing and the other

incidentals necessary to live. This is the essence of the second

inalienable right, that to liberty. Individuals must be at liberty,

free to employ their faculties in the effort to procure the

elements necessary to continued life. http://bit.ly/vFo8kw

Paraphrasing Thomas Jefferson

When it came time to draft the United States Constitution, differing

views on eminent domain were voiced. Thomas Jefferson favored

eliminating all remnants of feudalism, and pushed for allodial

ownership (see http://bit.ly/tesoSh ). James Madison, who wrote the

Fifth Amendment to the United States Constitution, had a more

moderate view, and struck a compromise that sought to at least

protect property rights somewhat by explicitly mandating

compensation and using the term "public use" rather than "public

purpose", "public interest", or "public benefit" http://bit.ly/s6ijvv Page7&8

In the words of Bruce L. Benson:

The backlash against the Kelo decision that is playing outin state legislatures all over the country (Lpez and Totah2007) is another episode in a long series of reactionsagainst government officials ever-present incentive toexpand the scope and strength of the claim that the stateis the actual property owner and that private landholders

are only stewards for the state.http://bit.ly/s6ijvv

7TH AMENDMENT RIGHT TO TRIAL BY JURY

Judges are supposed to be like sports referees or Court Traffic Cops.

WE THE PEOPLE are supposed to be judged by a jury of our peers.

Instead by gradual increment and machination, Judges often decide

cases. They do this with faulty jury instructions or by out right

Summary Judgment. They also do this by failing to inform juries of their

ability to constitutionally exercise Jury Nullification

http://bit.ly/sgWgFA . This author submits that a properly informed jury

of your peers would not reach the conclusions our systemically corruptjudicial system has made regarding property rights.

The American Judicial System is the best appearance of

justice that money can buy!http://bit.ly/tJDyxV

Don Mashak
http://bit.ly/vFo8kwhttp://bit.ly/tesoShhttp://bit.ly/s6ijvv%20Page%207&8http://bit.ly/s6ijvv%20Page%207&8http://bit.ly/s6ijvvhttp://bit.ly/sgWgFAhttp://bit.ly/tJDyxVhttp://bit.ly/vFo8kwhttp://bit.ly/tesoShhttp://bit.ly/s6ijvv%20Page%207&8http://bit.ly/s6ijvv%20Page%207&8http://bit.ly/s6ijvvhttp://bit.ly/sgWgFAhttp://bit.ly/tJDyxV


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10TH AMENDMENT - RIGHTS OF THE STATES UNDER

CONSTITUTION

The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to

the States respectively, or to the people.

The Constitution only granted the taking of property for Public use.

The 5th Amendment prohibited the taking of private property for any

thing other than public use Ergo, The Federal Government does not

have the power and the State are prohibited from exercising the power

to Take private property for anything other than public use

For a man's house is his castle, et domus sua cuique

tutissimum refugium(One's home is the safest refuge for

all) http://anse.rs/t4Ce3u

English jurist Sir Edward Coke (1552-1634)

There are other many documents that should be consulted and considered when

reading and interpreting these documents. Among the Most important are

documents known as the Federalist Papers http://1.usa.gov/uj3hrJ and the Anti-

Federalist Papers http://bit.ly/thKUy6 .

"Do not separate text from historical background. If you do, you

will have perverted and subverted the Constitution, which can

only end in a distorted, bastardized form of illegitimate

government."

James Madison, 4th President of the USA, Author of the USA Bill

of Rights

8) JURISPRUDENCE AND THE RULE OF LAW

Before we go further, we must discuss the concept known as the Rule of Law.

According to LexisNexis :

The Rule of Law, in its most basic form, is the principle that no one is

above the law. The rule follows logically from the idea that truth, and

therefore law, is based upon fundamental principles which can be

discovered, but which cannot be created through an act of will.

The most important application of the rule of law is the principle that

governmental authority is legitimately exercised only in accordance

with written, publicly disclosed laws adopted and enforced in
http://caselaw.lp.findlaw.com/data/constitution/amendment10/http://caselaw.lp.findlaw.com/data/constitution/amendment10/http://anse.rs/t4Ce3uhttp://1.usa.gov/uj3hrJhttp://bit.ly/thKUy6http://caselaw.lp.findlaw.com/data/constitution/amendment10/http://caselaw.lp.findlaw.com/data/constitution/amendment10/http://anse.rs/t4Ce3uhttp://1.usa.gov/uj3hrJhttp://bit.ly/thKUy6


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accordance with established procedural steps that are referred to as

due process. The principle is intended to be a safeguard against

arbitrary governance, whether by a totalitarian leader or by mob rule.

Thus, the rule of law is hostile both to dictatorship and to anarchy.

http://bit.ly/tEQuLv

Under concept of the Rule of Law and the practice of jurisprudence that our

judiciary alleges it practices, there is supposed to exist a hierarchy of laws.

Essentially, lower ranking laws and legal precedent cannot conflict with

higher laws and legal precedent. Therefore the hierarchy is:

Natural Law

Declaration of Independence

Constitution and Bill of Rights

Federal Legislation

Federal judicial Case Law

State Legislation

State Judicial Case Law

As we know, under Natural Law, all persons have private property rights. All

persons have the right to use their private property as they deem fit. Land,

homes, Cows and Milk is private property which all persons who are ownershave rights to.

The Declaration of Independence makes specific reference to the Laws of

Nature and certain unalienable rights These Laws of Nature and certain

unalienable rights refer to Natural Law and Natural Rights, respectively.

As we noted in the 5th Amendment of the Bill of Rights

No person shallbe deprived of life, liberty, or property, without due

process of law; nor shall private property be taken forpublic use

without just compensation.

Essentially the 5th amendment says that private property can only be

taken, according to Constitution Article 1, Section 8, for Public Use. For

example, to build roads and bridges, forts or Government Buildings like

courthouses and Post offices And then, only after the owner is given just

compensation.
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Natural Law Property Rights are unalienable.

The Declaration of Independence states that certain rights are unalienable

pursuant to the Laws of Nature.

As we know from our previous reference, the 5

th

Amendment speaks directlyto the subject of Eminent Domain. Private Property can only be taken for

public use. And Constitution article 1, Section 8 gives public use examples

as roads, post offices and forts, etc. This specific language, public use, was

a compromise between Thomas Jefferson who wanted no chance for a return

to feudalism http://bit.ly/vonyzH through eminent domain and James Madison

who felt otherwise. James Madison himself authored the 5th Amendment and

used the specific language public use to limit the power of the Government

in taking private property from private owners.

Rise of Modern FeudalismProperty Rights - A parallel system of Feudalism has arisen in

American. Each County (and some cities) in America has/have become

a Fiefdoms. The Wages of the Government Employees have become

much greater than their counter parts in the private sector. Simple

logic dictates that if the average wages / compensation package of

Government greatly exceeds the income of private citizens, certain

private citizens will no longer be able to pay the tax tribute to the

ruling class at the County Governments Demand. The private citizens

of the Modern Fiefdoms are struggling under the weight of the burden

of tribute while the ruling class turns a blind eye to the suffering of the

Property owners and renters. And eventually the County Lords send

the Sheriff to remove those who cannot pay the tribute from the land.

(Don't believe me, stop paying your property taxes.)

http://bit.ly/trgDto

Don Mashak 2011

Again, the principle of Jurisprudence that our judiciary alleges it practices,

calls for the Rule of Law to be applied to the facts in evidence.

Pursuant to the alleged practice of Jurisprudence, the lower ranking Judicial

Case Law cannot conflict with Natural Law, the Declaration of Independence,the Constitution nor the Bill of Rights. (Nor, in most cases, can it conflict with

Federal Law Save to declare a Federal Law unconstitutional)

Natural Law cannot be amended, It is unalienable.

The Declaration of Independence cannot be amended.
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The Constitution and Bill of Rights can only be amended by a specific

method, which has not occurred here.

At the establishment of our constitutions, the judiciary bodies were

supposed to be the most helpless and harmless members of the

government. Experience, however, soon showed in what way theywere to become the most dangerous; that the insufficiency of the

means provided for their removal gave them a freehold and

irresponsibility in office; that their decisions, seeming to concern

individual suitors only, pass silent and unheeded by the public at large;

that these decisions, nevertheless, become law by precedent, sapping,

by little and little, the foundations of the constitution, and working its

change by construction, before any one has perceived that that

invisible and helpless worm has been busily employed in consuming its

substance. In truth, man is not made to be trusted for life, if secured

against all liability to account.

Thomas Jefferson, letter to Monsieur A. Coray, Oct 31, 1823

In each of these 3 examples, the Facts in Evidence are that the Government wants

to take part or all of the rights to private property away from a private property

owner.

The Facts in Evidence in each of our 3 examples is that the Government is not

trying to condemn the property to use as a post office, a road, a fort, a courthouse

or some other authorized publicly used improvement.

The Rule of Law in each of these 3 instances is that Government cannot takeprivate property for any purpose other than public use

Ergo, applying the Rule of Law to the facts in evidence should yield:

That the Government is trying to take private property rights away from

private owners for reasons other than those permitted in the Constitution

and Bill of Rights. Permitting the Government to force this transaction cannot

to occur is not possible because none of them are for the specific purpose of

condemning private property for the narrow reason of public use spelled

out in the 5th Amendment. Private property rights are unalienable. To allow

this forced Taking of private property under these circumstances would be

a violation of Natural Law and completely UNCONSTITUTIONAL.

Laws are made for men ofordinary understanding and should,

therefore, be construed by the ordinary rules ofcommon sense. Their

meaning is not to be sought for in metaphysical subtleties which may

make anything mean everything or nothing at pleasure


16/23

Thomas Jefferson

9) CONCLUSION

It is apparent from our lesson that these Judges ignored the Rule of Law in

reaching these decisions in case law.

In those instances which have not yet been adjudicated, it is clear our

elected officials have passed or allowed to be enacted laws that are

unconstitutional.

If we are not to descend into anarchy, Judicial Case Law must follow the Rule

of Law. Judicial Case Law violates WE THE PEOPLEs Natural Law Rights, the

constitution and the Bill of Rights when it does not adhere to the Rule of Law.

Only in the vacuum of Anarchy can whims, bribes, promises of advancement

and/or other consideration influence the outcome of a Judicial Case LawDecision. No matter what the value of the enticements, the judiciary is not

allowed to break the Rule of Law. Especially Founding Documents like the

Constitution and the Bill of Rights.

Clearly the United States Judiciary has no respect for WE THE PEOPLE. And

to remind you again:

Any civil government depends on the consent of those who are

governed, which may be withdrawn at any time.http://bit.ly/vDh7GC

John Locke

Clearly the elected officials and Judiciary of the United States have not and

do not act in the best Interests of WE THE PEOPLE.

A free people [claim] their rights as derived from the laws of nature, and not as

the gift of their chief magistrate.

Thomas Jefferson -= Rights of British America, 1774 =-

Clearly, and by definition, by not making Case Law findings consistent with the Rule of Law,

our Courts have been making rulings in Case Law in accordance with the philosophy of theDivine Right of Kings.

Now that your property rights have been explained to you, doesnt the concept ofwhat has been written here seem obvious and 2nd nature to you?.... Just as thisauthor promised. You now know the purpose of the dumbing down of America byexcluding this curriculum from our public school educations.
http://bit.ly/vDh7GChttp://bit.ly/vDh7GC


17/23

A popular Government, without popular information, or the means ofacquiring it, is but a Prologue to a Farce or a Tragedy; or, perhapsboth. Knowledge will forever govern ignorance: And a people whomean to be their own Governors, must arm themselves with the powerwhich knowledge gives.

James Madison -= letter to W.T. Barry, August 4, 1822 =-

You now know what your private property rights are and where they derive from.Unalienable Natural Law!

By this point you should be outraged at what the corrupt, incumbent, ruling classelite have done to erase your Natural Law and Constitutional Rights.

Knowledge is Power and Freedom. So armed, you must demand restoration of yourliberties!

Freedom is never voluntarily given by the oppressor; it must be

demanded by the oppressed.

Rev. Dr. Martin Luther King, Jr.

10) WHAT NOW?

The Most obvious course of action is to call your elected officials and demand they

repeal this case law and impeach these Judges who would like to be kings. Yet this

would merely be stop gap measure, with no long term effect. Whence this

generation would pass away, the would-be tyrants would be free to try again, with

our Federal and State Legislators more than happy to aid and abet. What followsthis quote is the longer, more permanent course of action.

Change does not roll in on the wheels of inevitability, but comes

through continuous struggle. And so we must straighten our backs and

work for our freedom. A man can't ride you unless your back is bent.

Rev. Dr. Martin Luther King, Jr.

It has taken me about 7000 words to communicate these concepts of Natural Law.

These concepts should be 2nd nature to all Americans. How can WE THE PEOPLE

protect ourselves from tyranny if we cannot quickly recognize it? How can weeffectively mobilize ourselves is cannot easily communicate the cause of alarm

easily to our fellow citizens.

Instead of 7000 words, it should have taken me about 3 sentences with a few buzz

words like Natural Law, unconstitutional, liberty and tyranny in the mix.


18/23

This author finds himself personally handicapped in trying to communicate with

members of the TEA Party and Occupy Movements. Conservatives communicate

from a false Elite espoused propaganda perspective of reality where they view all

Liberals as lazy freeloaders. Liberals Communicate from a elite espoused

propaganda perspective of reality where all Conservatives being banksters and

robber barons.

Both of these perspectives of reality are false paradigms use by the left and right

halves of the 1 and only 1 corrupt, incumbent, ruling class elite to divide and

conquer the Rank and File of WE THE PEOPLE. These false political paradigms serve

only the interests of the single ruling class.

The are not 2 major political parties in the USAhttp://bit.ly/uCyINS

Don Mashak, The Cynical Patriot 2011

All the time we rank and file Americans fight amongst ourselves in this false political

paradigm, the corrupt, incumbent, ruling class elite merrily continue erase ourliberties and rip us all off.

It is frustrating for this author to be unable to communicate in the language of the

more equitable Natural law perspective of Reality. It is this authors great hope that

as more of his fellow citizens adopt a Natural Law perception of reality, WE THE

PEOPLE will be possible to break the cycle of tyranny that surrounds us.

The individual is handicapped by coming face-to-face with a conspiracy so

monstrous he cannot believe it exists. The American mind simply has not come to

a realization of the evil which has been introduced into our midst. It rejects even

the assumption that human creatures could espouse a philosophy which mustultimately destroy all that is good and decent.

J. Edgar Hoover -FBI Director 1924-1972 - The Elks Magazine (August 1956)It is time for each of us to make a decision. We have documented that the Judgesare ignoring the Rule of Law. None of these judges have been impeached by theirRespective Federal or State Legislative Body. We can therefore deduce that none ofour elected officials are working best interests of rank and file Americans.

It is time to get out of your comfort zone. Turn off Star Dancing, Idle USA,housewives and Pro-Sports.Dont tell me how much you love your spouse and kids if you are not wiling to investyour time in the next 11 months to voting these corrupt tyrannical bums out.http://GOOOH.com

And what country can preserve its liberties if their rulers are notwarned from time to time that their people preserve the spirit ofresistance?...
http://bit.ly/uCyINShttp://goooh.com/http://bit.ly/uCyINShttp://goooh.com/


19/23

Thomas Jefferson Letter to William Stephens Smith (13 November

1787), quoted in Padover's Jefferson on Democracy

Stop avoiding confrontation with elected officials and Government bureaucrats.Stop substituting the Boob Tube and Games to avoid real life pain and discomfort.Stop living life vicariously.

Be not intimidated... nor suffer yourselves to be wheedled out of your

liberties by any pretense of politeness, delicacy, or decency. These, as

they are often used, are but three different names for

hypocrisy, chicanery and cowardice.

John Adams

It is time WE THE PEOPLE educate ourselves and our children on our history, NaturalLaw and our Constitution.

Those who don't know history are destined to repeat it.

Edmund Burke (British Statesman and Philosopher 1729-1797)

It is time to educate your family, friends, neighbors and co-workers. The people ofthe Enlightenment reduced to writing and spread the concepts of Natural Law withonly primitive printing presses. We have the internet. We have no excuses.

From now on when WE THE PEOPLE must be able to quickly identify andcommunicate all attempts by any Government official to subvert Natural Law andWE THE PEOPLEs private property rights

With that this author will boldly asserts that the failure by our Government andSchools to impart to WE THE PEOPLE this fundamental element of our history andculture was a deliberate act. A deliberate incremental move to deprive WE THEPEOPLE with the ability to defend ourselves from tyranny.

Almost all of these documents and quotes I have cited are our heritage? This is thestory of the mankinds break from Government philosophy of Divine Right of Kingsto consent of the governed. How can that not be made interesting to High SchoolSeniors? Of all the things to teach in this world, How can anything be moreimportant that The Enlightenment and the articulation of the concepts of NaturalLaw? And so by inference and experience this author again asserts the failure toteach Natural Law was maliciously deliberate by people who dream to be tyrants.

The tyranny that surrounds us got away with Kelo v City of New London and Walserv City of Richfield because WE THE PEOPLE were not informed of Natural Law.

WE THE PEOPLE must make sure our future generations are educated in NaturalLaw so they are not vulnerable to the one corrupt, incumbent, ruling class elite.

The future generations must to armed with this knowledge so they know the basisfor lawfully reversing this unconstitutional erosions of our Natural Law Liberties. WE


20/23

THE PEOPLE must either personally teach these Natural Law principles to ourchildren, or incrementally we will lose our liberties until WE THE PEOPLE are fullyenslaved.

Children should be educated and instructed in the principles offreedom.

John Adams -= Defense of the Constitutions, 1787

Call the School Board Chair, go to a School Board Meeting and/or give this article toyour schools Citizen Curriculum Review Board. Ask them why these fundamentalconcepts which are necessary for the functioning of our government and retentionof our liberties are not being taught.

"It should be your care, therefore, and mine, to elevate the minds ofour children and exalt their courage; to accelerate and animate theirindustry and activity; to excite in them an habitual contempt ofmeanness, abhorrence of injustice and inhumanity, and an ambition toexcel in every capacity, faculty, and virtue. If we suffer their minds togrovel and creep in infancy, they will grovel all their lives.

John Adams, 2nd President of the USA

Challenge all High School teachers to spend one week in January 2012 teaching on

The Enlightenment (1650AD-1800AD), Natural Law and their relationship to the US

Constitution. High School Teachers and College Professors you are the Modern day

equivalents of the Enlightenments Men of Letters http://bit.ly/vn3v4N We would

ask you to enthusiastically join we Rank and File Americans as we embark on this

2nd Enlightenment of Mankind. Please do not abandon WE THE PEOPLE to the

savages of the elites in exchange for grants and creature comforts. (Perhaps it

would be a simplest for you to assign term papers on The Enlightenment, Natural

Law or simply confirming or debunking my the facts and assertions of this article.) I

point out to Teachers and Professers that the Men of Letter formulated and reduced

to writing the concept of Natural Law, raised public awareness and knowledge and

topped governments with only primitive printing presses. You have the internet and

public classrooms and only have to share the knowledge already assembled. Your

requested task by comparison is far easier but no less important than the original

Men of Letters.

Before more is stead, WE THE PEOPLE must vow to exhaust all peaceful politicalavenues before we consider anything else. Each of us must get involved in your

local Basic Political Unit (BPU) of your preferred political party. And then the real

challenge is holding them accountable. Dont go along to get along.

The liberties of our country, the freedom of our civil constitution, are

worth defending against all hazards: And it is our duty to defend them

against all attacks.


21/23

Samuel Adams

Ask the tough questions. Demand to interview candidates. Dont let calls by some

to limit debate so they can go home succeed. Be a delegate to District and State

Caucuses. Run for office yourself. Dog Catcher to president, it does not matter. Just

run. If you are in a primary state, vote. Volunteer to be an election judge. Getinvolved. Organize your friends and neighbors. Volunteer for a candidate. Do

something.

Demand Judicial Reform and restoration of the Rule of Law.

Demand that all City, School, County, State and Federal Budgets be posted on the

internet in laymans terms with no aggregates greater than $100.00. If our elected

officials cannot find the waste and fraud, let each of WE THE PEOPLE act as auditors

and do it for them.

Restoration of our Natural Law Rights, the Constitution and the Bill of Rights should

be the number one issue of 2012. Transparency, Accountability and Reform should

be the battle cry of Election 2012.

Freedom is never more than one generation away from extinction. We

didn't pass it to our children in the bloodstream. It must be fought for,

protected, and handed on for them to do the same.

Ronald Reagan

By these 7000 words, tyrants among us have been exposed and must inevitably

falter and fall.

But the question is, What Resolution will you make to accelerate the restoration of

our Natural Law Rights, the Constitution and the Bill of Rights?

[Standard Disclaimer The author is not an attorney, do not act upon or rely upon

anything written without making your own inquiries and investigation]

As you must realize by now, there is no need for you to go off to see the wizard. You

are the wizard, Naturally.

In Closing,

Thank you, my fellow citizens, for taking your valuable time to read and reflect uponwhat is written here.

Please join with me in mutually pledging to each other and our fellow citizens our

lives, our fortunes and our sacred honor to our mutual endeavors of restoring liberty

and economic opportunity to WE THE PEOPLE as our Founding Fathers envisioned

and intended. [Last sentence, US Declaration of Independence

( http://bit.ly/ruPE7z )]


22/23

This article is written with the same intentions as Thomas Paine

http://ushistory.org/paine. I seek no leadership role. I seek only to help the American

People find their own way using their own Common Sense http://amzn.to/kbRuar

TellMyPolitician http://goo.gl/1FWfz

Keep Fighting the Good Fight!

Those were my thoughts.

In Liberty,

Don MashakThe Cynical Patriothttp://twitter.com/dmashakhttp://www.facebook.com/don.mashak

WE THE PEOPLE TARhttp://WETHEPEOPLETAR.blogspot.comhttp://twitter.com/WETHEPEOPLETARPolitical Organization http://www.facebook.com/pages/WE-the-People-

TAR/143518522391810Group http://www.facebook.com/groups/116494971778086/

Republic for united State of America #RuSAhttp://republicfortheunitedstates.org

End the Fed(eral Reserve Bank System)National http://bit.ly/ta3Rju Minneapolis http://bit.ly/tjZJKF

Lawless America / Get A Grip Americahttp://LawlessAmerica.com http://getagripamerica.us

Justice in Minnesota #JIMhttp://JusticeinMN.com

Bring Home the Politicians #BHTPhttp://BringHomethePoliticians.com

Get out of our House #GOOOHhttp://GOOOH.com

Committees of Safetyhttp://committeesofsafety.org http://committee.org/ History of herehttp://bit.ly/qscBHc

United States Militia #USMhttp://UnitedStatesMilitia.com


23/23

Food Freedomhttp://foodfreedom.wordpress.com

Critical Thinking Notice - This author advises you as no politician would dare.Exercise Critical Thinking (http://bit.ly/ubI6ve) in determining the truthfulness ofanything you read or hear. Do not passively accept nor believe anything anyone

tells you, including this author... unless and until you verify it yourself with sourcesyou trust and could actively defend your perspective to anyone who might debateyou to the contrary of your perspective.