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November 23, 2007 at 19:56:15

On Rebellion By The Majority And Writs Against The People

by Kent Welton     Page 2 of 3 page(s)

http://www.opednews.com

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   Today, when there is so much doubt about the reliability of voting machines, their privatization, and people rising up against "globalization" to protest what amounts to forced "free trade" without the consent of the vast majority, then these circumstances and the rebellion exception begin to have real meaning... and it is not good.

    In the hands of a Bush-Cheney, Clinton, Guiliani, or any other ruling-elite driven administration, the very people-power source of our freedom from British rule may well be negated by this one word in the Constitution.

    In practice, this "rebellion" exception is a license for fascism, for the arresting of dissidents, protesters, and even an entire majority of the American people who intend to rebel against a system controlled by old money with new powers.

"...no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land."                            Magna Carta, 1215

    Yet the Magna Carta’s reference to the "lawful judgment of their peers" sounds like a fully-informed jury to me, and one adequately advised of jury nullification powers. Subverting this very power and recourse thru the use of military courts and secret detentions is the worst of evils, and the very birth of fascism.

    Yes, we have terrorism by religious nuts today and, yes, we need extra vigilance to prevent innocent lives being lost. However, these plenipotentiary powers in the wrong hands, utilized for the wrong reasons, and with the people’s rightful powers trumped, are exactly why Habeas Corpus emerged in the first place.

"and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason plainly expressed in the warrant of commitment..."

    Alternatively, we must ask whether the people can use their own "rebellion" clause against our predatory ruling elites... for the subverting of the constitutional powers of the people? Rebellion against our democracy via ruling elite, appointive-body, coup d’etats like GATT-NAFTA and a planned North American Union. Now there’s rebellion for you.

   So, does the meaning of "rebellion" include the on-going conspiracy of the rich against the poor and middle class? The rebellion of Corporations against governments? Of appointed bodies against the people? Of the "Federal" Reserve against the Congress and its constitutional money powers? Of corporate media against the public interest? Of the American people against a North American Union?

   Who decides what rebellion is? Is protest rebellion? Is protest-rebellion treason? Is oligarchy and "managed democracy" treason? Is fighting against oligarchy rebellion or treason? Will we arrest, imprison, and torture the people, or, our predatory ruling elites?

   Clearly, it depends upon who’s doing the deciding... and we still have stolen-election "decider" in office. Worse, a decider might not even be known to the public, as in the case of a rogue intelligence agency figure dictating who gets disappeared. Who would he be working for?

    Section 948a(7) of the new Military Commissions Act essentially defines "Unlawful Enemy Combatant" as anyone the president, Secretary of Defense, or lesser officials acting on their behalf "determines."

   In effect, they don’t have to prove this to anyone. They simply determine it... all on their own. In practice then anyone, anywhere, and whether a citizen or not, can be determined straight into a secret jail, without anyone being able to challenge the determination, or given any right to go to a court to prove the allegation.

   Yet another piece of fascist legislation is the John Warner Defense Authorization act of 2007 (H.R.5122) which effectively gives the powers to declare Martial Law to the Federal Government and President of the United States.

    In effect, the Local State Governments will no longer have control of their own National Guard Troops. They can be now moved from one state to another without the consent of the States Governors. If the President declares Martial Law he can send National Guard Troops from Michigan to squash what he deems a threat to civil order in Arizona, and regardless of the Governors objections to the order. This federalizing of the nation’s police forces, and loss of state control, puts all of them under control of one man - the president via the head of the "Homeland Security" agency.

    This dire situation makes any rebellion of the people against their own government exceedingly difficult and dangerous for protestors, unless our troops and police have the courage to defy orders and join the people’s rebellion against tyranny. They also have to be willing not to use those microwave weapons for "crowd control."

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TheCenterForBalance.org

Author, Exec. Dir. The Center For Balance. Websites: PanditPress.com, OligarchyUSA.com, PublicCentralBank.com, EditorFreedom.com, FascismUSA.COM & more

 

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