BE AFRAID; BE VERY AFRAID
“The whole conspiracy idea is cockeyed. We had orders to obey the head of state. We weren’t a band of criminals meeting in the woods in the dead of night to plan mass murders…” ~Hermann Goering, 1 May 1946 (Committed suicide to avoid hanging)
“I was given this assignment which I could not refuse–and besides, I did everything possible to treat [the foreign slave laborers] well.” ~Fritz Saukel , 23 February 1946 (Hanged for crimes against humanity)
“I don’t see how they can fail to recognize a soldier’s obligation to obey orders. That’s the code I’ve live by all my life.” ~Alfred Jodl, 1 November 1945 (Hanged for crimes committed)
I fully understand why people get very defensive whenever any acts by supposedly good Americans are compared to Hitler and Nazi Germany, but when considering the rapid descent into abject Socialism in this country during the past 12-14 years, could it be time to take the gloves off and realize we seem to be following in the footprints of history?
Oh, we are nothing like the Nazi’s—I hear the chorus now. BUT—the president can order the death or imprisonment of an American Citizen without a trial. (National Defense Authorization Act-2012) We have socialized medicine. (Obamacare and Dubya Bush’s Part D Medicare Plan) Our Bill of Rights has been eviscerated. (Patriot Act, Department of Homeland Security) Please name one of the above that in any way conflicts with the principles of Nazi Germany.
Is it just coincidence that Adolf Hitler used the term “protect the Homeland” in the speech when he created the Gestapo and George W. Bush used the exact same phrase in his news conference after 9/11? Good arguments could be made on both sides I am sure.
The crucial issue here is the failed concept prevailing among many in our country that whatever the government says, whether they say it through enacted legislation or regulation by some government bureaucracy, it is to be treated as gospel and obeyed without discussion. Whether we are like Nazi Germany or rapidly getting there, the basic premise that government is the almighty is the vehicle which leads to destruction of Liberty and Individual Sovereignty and the advent of heinous crimes by the government.
We have a local representative here in Colorado who has stated publicly that “no law is unconstitutional until the Supreme Court says it is.” We also have a candidate for Sheriff who says that all laws that emanate from the government will be enforced should he become Sheriff. Both happen to be Republicans, but, for the sake of brevity, we shall skip over a broad discussion of that point in this offering.
To believe that the people who created our government through our states were to become its slaves and subject to its every whim would have been a real surprise to our ancestors who voted in the various State Ratification Conventions to approve this form of government, for they were told if they voted to ratify our Constitution, the exact opposite would be true.
The real question is: do those who advocate the government must be obeyed regardless of the law passed, or regulation written, do so from a true philosophical belief or from sheer ignorance of the Constitutional principles they have sworn to “uphold and defend from all enemies, foreign and domestic?” How does one in good conscience take a sacred oath to uphold and defend the Constitution and Bill of Rights and then claim they will uphold, defend and enforce any law passed by government? Another question is: do they have a working knowledge of the Constitution that would enable them to know the difference?
I will offer below, as a classic example of a person holding a very important position in government, publicly claiming they are not qualified for the job they were elected to, while all the while being too ignorant to know they are making such a confession publicly. First, though, let’s take a look at the office of Sheriff here in Colorado.
The Office of Sheriff in Colorado is created by our Constitution. Colo. Const., art. XIV, sect. 8. The Constitution does not enumerate particular duties of Sheriffs. Colorado statutes do specify various duties for Sheriffs, most of which are restatements of the Sheriffs’ traditional common law powers and duties. For example: “to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections”; to “act as fire warden of his or her respective county”; to “appoint some proper person undersheriff”; and so on. Colorado Revised Statutes sect. 30-10-501 et seq. Nothing in the list of statutory duties requires Sheriffs to enforce every state statute or any federal law for that matter.
In Colorado, our Sheriff’s take a very simple oath of office:
“I, …….., do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado, the Ordinances of …….. County and that I will faithfully perform the duties of the Office of County Sheriff, of the County of …….., State of Colorado, upon which I enter.”
This oath is in the form required by the Colorado Constitution, Article XII, sect. 8. which reads as follows:
“Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter.”
There is absolutely not to be found in the Oath of Office or the Articles of the Colorado Constitution anything that states the Sheriff must uphold and defend the laws of the state of Colorado or the United States. Could it be that since the Sheriff swears to uphold and defend the Constitutions of Colorado and the US, that that covers any and all laws that are created “in pursuance” of the constitutions, and the occupant of the office of Sheriff is presumed to have a working knowledge of both in order to determine if those laws are indeed constitutional? Is not each person who takes that solemn oath not equally responsible for assuring to those whom they serve a strict adherence to the principles of those documents and to “uphold and defend” them against any unconstitutional edicts submitted by either government? Is it possible to be faithful to one’s oath while at the same time enforcing clearly unconstitutional laws?
Here are excerpts of a letter written by a sitting Sheriff of Colorado (not from our county) in January of 2013, relative to the issues of the Second Amendment; written on official county letterhead, displaying his ignorance of his sacred oath and a proud (to him) display of sufficient evidence to illustrate his incompetence for the office of public trust he holds. (My comments in italics)
“Although I have great respect and admiration for each of my colleague sheriffs and police chiefs across the country, I take exception with the handful of public servants who have suggested that they would reject enforcement of any “unconstitutional mandates,” specifically related to the Second Amendment.” (How can one have a valid, enforceable law that contradicts the Constitution?)
“If an issue were to be arbitrarily deemed “unconstitutional,” the decision to curtail further enforcement responsibilities would be in direct conflict with the concept of the balance of powers, as defined by our founders.” (Ouch! Perhaps the good sheriff has never heard of one Thomas Jefferson, who stated: “My construction of the Constitution is… that each department is truly independent of the others and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action…” Perhaps that is why they all take an oath to uphold and defend.”)
“Public safety professionals serving in the executive branch, do not have the constitutional authority, responsibility, and in most cases, the credentials to determine the constitutionality of any issue.” (Well, Sheriff, if you do not possess the authority, responsibility or the credentials to determine the “constitutionality” of any issue, you should immediately resign, for in your statement you admit to having little to no knowledge of the documents you swore to “uphold and defend.” Such knowledge would prepare you to possess the authority, responsibility and certainly the credentials which you wear on your uniform shirt, to determine the constitutionality of any act.” Your statement is a bold admission you do not have the knowledge necessary to protect the rights of those who pay your salary.)
“The authority and responsibility to determine the legality and/or the constitutionality of a matter is to be accomplished by the judicial branch, as clearly defined in the Constitution.” (Gosh, Sheriff, sure do wish you would have cited chapter and verse on this bold but incorrect assertion. It would appear your lack of knowledge is quite extensive. Again from Mr. Jefferson: “Nothing in the Constitution has given [the judges] a right to decide for the Executive, more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them.” And “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy…The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.”
And finally the Sheriff’s coup de grace: – “WE ARE A NATION OF LAWS.” (Factually, our founders never intended for this to be a nation, for our decisions are made through representatives and not in the aggregate, which is the very definition of a “Nation.” So, Sheriff, you are wrong on that count, and also we are not an anything “of laws.” We are a country with a Constitution and a Bill of Rights which defines what is and what is not constitutional. Laws do not decide for themselves if they are valid.”
If you are looking for a Sheriff like the one who wrote the above, there is one available on the ballot in November; one with an (R) beside his name. If you are looking for a Sheriff who understands his obligations to protect the rights of the people and also understands the gravity of the Oath of Office, you will be forced to make another choice.
I would remind you that Nazi Germany was a nation of laws; everything that Hitler did was within the laws of Germany at the time, and offer this quote from Jeremy Locke’s “The End of All Evil.”
“Law is a weapon. It is used by evil to attack its prey. Whether in the name of duty to king, loyalty to state, or rule of law, law is the weapon used to extort and control. Culture upholds the nobility of law. Culture teaches that law is proper and good. It never questions who wrote the law; tyrant and brother are the same. Culture never questions whether or not the law is right. You are to obey no matter what it says. In this fashion, law is a powerful weapon to be used against you. All principalities create volumes of laws that take lifetimes to understand and armies of lawyers to manipulate. All of these things are weapons in the hands of the powerful, which they will use at your expense.
Law holds value only to those who create it, and only because your culture demands that you obey it. The purest invitation to tyranny is your commitment to obey law regardless of what it says. Against you, the law becomes the perfect weapon. Whomever controls the law, controls you. Your worth is measured by the extent of your obedience.” (Emphasis added)
When anyone tells you that the “Law” must be obeyed, and will be enforced, please remember that there IS a choice: Liberty, or Tyranny and blind obedience; you decide. Should you decide to support the party favorite and the candidate endorsed by the local, socialist, bird cage liner, I take this opportunity to remind you of the words of Samuel Adams: “May your chains rest lightly upon you and may posterity forget ye were our countrymen.”
“Most human beings only think they want freedom. In truth they yearn for the bondage of social order, rigid laws, materialism. The only freedom man really wants, is the freedom to become comfortable.”
“Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day . . . . I believe it [human condition] susceptible of much improvement, and most of all, in matters of government and religion; and that the diffusion of knowledge among the people is to be the instrument by which it is effected.” Thomas Jefferson, April 24, 1816 . (to Dupont de Nemours)