US Constitution and Individual Freedom

Circumventing Posse Comitatus

The holocaust happened to people just like each of us, people who just couldn’t bring themselves to believe that their so-called “civilized” government would be capable of perpetrating war crimes and genocide against its own citizens.

The essence of Federalism is the retention of power by the sovereign states and their citizens.  Government closest to the people is most responsive to their needs and most protective of individual freedom.  The best example of this concept is the county sheriff.  As the highest elected law enforcement official in each county, the sheriff’s fiduciary responsibility is to control and administer law and order with fairness and according to local philosophy.  The citizens of the county are the sheriff’s primary constituency.

Since the founding of our nation, there has been a basic distrust of armies controlled by a central authority or a monarch, especially if being used to enforce laws of tyranny or to usurp local law enforcement authority.  This message was sent loudly and clearly to King George as part of the Declaration of Independence, in the section enumerating the heinous acts of the monarchy against the people: 

  • He has made Judges dependent on his Will alone, for the Tenure of their Offices and the Amount and Payment of their Salaries
  • He has erected a Multitude of new Offices and sent higher Swarms of Offices to harass our People and eat out their Substance
  • He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures
  • He has affected to render the Military independent of and superior to the Civil Power
  • He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their pretended Legislation: 
    • For quartering large Bodies of Armed Troops among us:
    • For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States

This partial list of grievances is the basis for the Bill of Rights which defines the relationship between the federal government, the individual states, and their citizens.  The Constitution requires the federal government to protect and secure the Natural Law Rights of citizens that are outlined in the Bill of Rights.  It is also the philosophy behind the Posse Comitatus Law of 1878 which generally restricts the federal military from intervening in civilian law enforcement with a few specific exceptions. 

The use of federal military troops inside the United States to enforce state and federal laws is generally prohibited by legal precedent and by the concept of separation of powers, checks, and balances, a long-standing tradition in our nation.  Supreme Court Cases such as Printz vs USA (1997), for example, ruled that the federal government cannot force local law enforcement agencies to assist in the enforcement of federal in the states. 

Nevertheless, history has taught us that totalitarian regimes cannot exist effectively without some form of a national police force, loyal only to the supreme rulers.  It should be apparent that the collectivist elite intend to establish global governance by using the manufactured crises of Climate Change and Covid-19 to instill fear in the general population.  As a Constitutional Republic that protects private property, individual rights, and a free market economy, the United States is the primary roadblock to their plans.  They are desperate to destroy our nation by any means. 

In the past several decades, especially since the terrorist attacks of September 11, 2001, there has been a continuous and consistent increase in the number of federal agency bureaucrats who are military-trained and equipped to enforce federal law across state lines.  The obvious result is a serious increase in the number of para-military enforcement units under different federal agency flags that are infused with an aggressive “shoot-em-up” Rambo mentality.  It’s as if they believe that they Are the Law as well as Above the Law.   

In addition, numerous Supreme Court decisions have diminished individual Due Process rights guaranteed by the Bill of Rights, by allowing the unconstitutional search and seizure of private property, denial of speedy trial, denial of Habeas Corpus, “no-knock” raids by up-armored federal agencies, red flag laws, and the use of extortion and blackmail by law enforcement to force compliance. 

These are the elements of Due Process:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a Grand Jury . . . . . . (No person shall) be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  This is the basis for “eminent domain”. 

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to . . . . . be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have a compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

In a dictatorship, none of those protections exist.  The government has no obligation to uphold the Natural Law Rights of any individual and will engage in any behavior, moral or immoral, to retain power.  Tyrannical regimes rely on information of any kind provided by informants who might be your neighbor or even a former friend, relative, or colleague.  Once you become suspected of crimes against the government, there is no Bill of Rights to protect you.  When the police show up at your door at 2:00 am, you will not be told the nature of your crime, your apartment will be searched, destroyed, and anything of value stolen.  You may be taken to a secret prison, interrogated, possibly tortured, and, either imprisoned under harsh conditions or killed.   

This scenario is no longer unbelievable or impossible in our country.  It occurs when the Due Process rights of individuals are ignored or abused by law enforcement.  In a civilized society, this is intolerable.  As a rule, we have to assume that firearms in the hands of militarized bureaucrats wearing body armor and armed with military weapons represent a considerable degree of serious danger for the American people

The Ends do Not Justify the Means.

Resist Tyranny and Trust in Freedom!

Cathy and Jerry Hawkins

Dr. Dan’s guest on Freedom Forum Radio this weekend is Jerry Hawkins, whose home was raided on April 14, 2021, by federal agents in full tactical gear with automatic rifles. To support Jerry and his family, please check out his website The Denial of Justice.

In the pre-dawn hours of April 14, 2021, swarms of Federal Agents from several agencies raided our home and property. I was approached in our backyard by several agents in full tactical gear with automatic rifles aimed at me, at the same time my wife was confronted at our front door by several more agents in full tactical gear and automatic rifles who were in the process of breaking into our home.

Over the course of the next 8 to 9 hours, my wife and I were held under armed guard while dozens of agents and tons of equipment were used to search our home, outbuildings, and property. In our estimation, 2 to 3 armored vehicles, helicopter(s), drones, all-terrain vehicles, box trucks, and somewhere between 60 and 80 agents were used. Some were even flown in from Washington, DC specifically for the raid and seizure.

What horrendous crime could warrant such action? The unsubstantiated accusation that my home-based business was manufacturing and selling unregistered firearm parts.

Jerry Hawkins

Hawkins entered the US Army in 1986 serving four years as a 33Q. After an honorable discharge, he joined the South Carolina National Guard in 1992 serving an additional four years as a 14D.

Throughout Hawkins’ career, he held many managerial positions in manufacturing and industrial construction, including Quality Control Inspector and Quality Assurance Manager on
large-scale Power Plant, Refinery, and Chemical Plant construction projects.

In 2017, Hawkins began a home-based business selling sporting goods online, including filters, firearm parts, cleaning supplies, and accessories.

In addition to his wife’s home-based aromatherapy business, in 2019, the couple started Cluster Flock Farm with the goal of preserving heritage breed animals and plants free of genetic and biological alteration. The couple endeavors to concentrate on the preservation of species on the endangered species list.

Part one of this fascinating interview airs on Saturday and Sunday, November 12-13, on WJRB 95.1 FM and is streamed live over the Internet. Part two airs on Saturday and Sunday, November 19-20, and part three airs Saturday and Sunday, November 26-27.

Broadcast times are Saturday, 8:00 AM and 9:30 AM, and Sunday, 2:30 PM and 7:00 PM. All programs are available by podcast following airtime here.

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  1. Thank you for your ongoing campaign. Yes, This militarization of government agencies is a major concern. Few people remember Obama’s campaign comment/goal that there should exist a civilian “response force” at least equal to our DOD capability. He may have it now when you consider what portion of DOD would be ineffective during a domestic standoff.

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