Advocating Violent Overthrow -
18 US Code 2385 – the Smith Act
|
The Obama Logo is posted on the White House. Whose Army is attacking? |
https://www.law.cornell.edu/uscode/text/18/2385
Whoever knowingly or willfully
advocates, abets, advises, or teaches the duty, necessity, desirability, or
propriety of overthrowing or destroying the government of the United States or
the government of any State, Territory, District or Possession thereof, or the
government of any political subdivision therein, by force or violence, or by
the assassination of any officer of any such government; or
Whoever, with intent to cause
the overthrow or destruction of any such government, prints, publishes, edits,
issues, circulates, sells, distributes, or publicly displays any written or
printed matter advocating, advising, or teaching the duty, necessity,
desirability, or propriety of overthrowing or destroying any government in the
United States by force or violence, or attempts to do so; or
Whoever organizes or helps or
attempts to organize any society, group, or assembly of persons who teach,
advocate, or encourage the overthrow or destruction of any such government by
force or violence; or becomes or is a member of, or affiliates with, any such
society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this
title or imprisoned not more than twenty years, or both, and shall be
ineligible for employment by the United States or any department or agency
thereof, for the five years next following his conviction.
If two or more persons
conspire to commit any offense named in this section, each shall be fined under
this title or imprisoned not more than twenty years, or both, and shall be ineligible
for employment by the United States or any department or agency thereof, for
the five years next following his conviction.
As used in this section, the
terms “organizes” and “organize”, with respect to any society, group, or
assembly of persons, include the recruiting of new members, the forming of new
units, and the regrouping or expansion of existing clubs, classes, and other
units of such society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994,
108 Stat. 2148.)
The Imminent
Lawless or Clear and Present Danger decision
"Imminent
lawless action" is a standard currently used that was established by
the United States Supreme Court in Brandenburg v. Ohio
(1969), for defining the limits of freedom of speech.
Brandenburg clarified what constituted a "clear and present danger",
the standard established by Schenck v. United States
(1919), and overruled Whitney v. California
(1927), which had held that speech that merely advocated violence could be made
illegal. Under the imminent lawless action test, speech is not protected by the
First Amendment if the speaker intends to incite a violation
of the law that is both imminent and likely. While the precise meaning of
"imminent" may be ambiguous in some cases, the court provided later
clarification in Hess v. Indiana (1973). In this case, the court found
that Hess's words did not fall outside the limits of protected speech, in part,
because his speech "amounted to nothing more than advocacy of illegal
action at some indefinite future time,"[1] and therefore did not meet the imminence requirement.
Constitution vs Coup
|
Pride's Purge of Parliament 1648 |
Article I: of the Constitution:
:
Section. 6.
The Senators and
Representatives shall receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of the United States. They
shall in all Cases, except Treason, Felony and Breach of the Peace, be
privileged from Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from the same; and for any
Speech or Debate in either House, they shall not be questioned in any other
Place.
No Senator or Representative
shall, during the Time for which he was elected, be appointed to any civil
Office under the Authority of the United States, which shall have been created,
or the Emoluments whereof shall have been encreased during such time; and no
Person holding any Office under the United States, shall be a Member of either
House during his Continuance in Office
(Designed to prevent Cromwell
and Pride)
Section 9
The Privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or
Invasion the public Safety may require it.
No Bill of Attainder or ex
post facto Law shall be passed.
|
Napoleon's "Whiff of Grapeshot" |
Notes and
replies to the Trump faction.
1.
The Declaration of Independence establishes the American
States independence from Great Britain and without it we would be colonies of
Great Britain. The Articles of Confederation and the Constitution did not
supersede the Declaration of Independence but only established a central
government to act, with specific delegated powers, on behalf of the States.
Those powers specifically delegated were declare war, conclude peace, regulate
foreign trade and commerce, which are also powers reserved to the individual
sovereign independent States themselves.
The Constitution is a compact between the Sovereign Independent States which forms the central/federal government. Only a federal supremacist would believe and advance the ideology that the Declaration of Independence is superseded by either the Articles of Confederation or the Constitution! You present a false narrative!
2. Our
Constitution is a rule book, based on the experiences of the Founders and the
ratifications of at least three quarters of the State legislatures in
accordance with Article V of the Constitution. What "principles" that
were addressed by the Constitutional Convention and in the Bill of Rights are
listed in the Declaration of Independence from the list of grievances each
starting with "he has" or "for" directed against the King
of England. Each of these grievances were considered at the time as the
"rights of Englishmen" which rights were understood in England.
3. While
the Constitution is the Supreme law of the land, it itself is subject to
alteration or abolition by three quarters of the State legislatures. This goes
to the jurisprudential reality that the sovereignty of the States each and
collectively is the source of authority. This is so stated in the Tenth
Amendment, just to make sure that point was made.
The Federal government can
legislate only in those areas where they have specified, implied or derived
authority stated in the Constitution. The States can do anything they want,
unless it has been given to the Federal Government.
The "elastic
clause" of Article 1, Section 8 has been used to stretch the definitions
of what is Federal. "To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers vested
by this Constitution in the Government of the United States, or in any
Department or Officer thereof."
|
So Much for Protestant representation - St Bartholomew's Day Massacre 1572
|