Saturday, August 13, 2016

Advocating Violent Overthrow - The Smith Act and the Trump

Advocating Violent Overthrow - 18 US Code 2385 – the Smith Act
The Obama Logo is posted on the White House.   Whose Army is attacking?

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

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