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Introducing the book...

The LAWFUL Remedy to Tyranny

How You Lost Your Rights, and How You Can Get Them Back

by

Richard Walbaum

 


 

Main Points of This Summary:

1) Our government was based upon a long tradition of natural law and the presumption of liberty in which all laws are tailored for minimal infringement upon liberties.
2) In the 1930s, the Supreme Court changed the rules for reviewing legislation for constitutionality. Henceforth most legislation would be presumed to be constitutional and beyond review by the courts, destroying the presumption of liberty, allowing laws to be passed that infringed upon our liberties, changing our form of government.
3) Our inalienable rights are God-given, beyond the reach of government, and this book describes lawful means for asserting those rights under natural law, constitutional law, and statutory law. 

 

Introduction and Summary
 

What Gave Us Our Rights, and How Were They Secured?

Our nation and Constitution were based upon natural law which gives us unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man as God has designed him. Though natural law (another phrase for the Will of God) is ancient, we have a natural law tradition going back several thousand years, charted by hundreds of authors, but has laid dormant in the U.S. for about 100 years.

What is it about our law that preserved our rights? How did the statement in the Declaration of Independence "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness" manifest in the rule of law? Here is the secret: Our law was based on the presumption of liberty. The state could pass any law to protect the health, safety, and general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, and it had to be so tailored for minimal infringement upon personal liberties. This protected the rights of individuals and society, and made us a free country.
 

How We Lost Our Rights

With time, the rights designed into our system were lost. 1913 was a productive year for the banksters. In that year the Federal Reserve Act was passed which gave the banksters control of our monetary system. Less than a year later (1914) World War I was started which created indebtedness to the banksters who fund both sides of a war. The 17th Amendment changed the method of electing the Senate, taking it from the states and giving it to the people, in effect giving control of the Senate to the banksters who control elections by financing campaigns.

By losing control of the money, it was only a matter of time before we lost control of our government. In the 1930s many expansions of federal power by President Franklin Roosevelt for his New Deal were struck down by the Supreme Court, but when pressured by Roosevelt's threat to pack the court with sympathetic judges, the Court switched their position and upheld the expansion of federal power. It was done almost innocuously; the court merely changed its rule of review of legislation. Henceforth, most acts of Congress would be presumed constitutional and beyond review by the courts, bringing an end to the presumption of liberty and changing our form of government.

Circa 1930s, Congress gained the power of General Welfare, a power not asked for or exercised in the first 150 years of this country, giving Congress the power to tax and spend for any desired program. The Interstate Commerce Clause was expanded, allowing Congress to regulate matters within the states, and not just interstate, to the point that the Supreme Court itself was unable to articulate a single power that was reserved to the states.
 

How to Reclaim Our Rights

The purpose of this book is to reclaim our natural law heritage. It enumerates many God-given natural rights that cannot be infringed by government because God is sovereign over government, and are retained by the people. We can claim them under the Ninth Amendment (unenumerated rights reserved by the people), under First Amendment religious free exercise, and 96 Stat. 1211 wherein Congress asks us to voluntarily apply the teachings of the Bible and the holy scriptures. And, we can claim rights lost when government tries to forcibly protect us, by waiving the protection of government which cannot convert us into wards.

All this is based upon natural law which comes to us from a rich but suppressed history in which hundreds of scholars over several thousand years agreed that laws must not be arbitrary, unreasonable, or capricious otherwise they are not laws at all and we have a right and duty to disobey. These are legal remedies that we can argue in court: We will not be breaking any law, but will be following a higher law as a duty to God and as traditionally expressed. The lawful remedy to tyranny recommended by many writers of natural law is disobedience. Now that you have awakened, learn the art of disobedience.
 

Some Principles of Natural Law

The term “liberty” is a composite of all natural law rights.

In 1765 Otis wrote that “The origin of these rights [liberty, security, and property] is in the Law of Nature and its Author.”

Alexander Hamilton wrote “Upon this Law depends the natural Rights of Mankind.”

Thomas Jefferson wrote in 1774 that the colonists were “claiming their rights derived from the law of nature.”

Lucas de Penna said “The just ruler will uphold and guarantee freedom and will further the cause of freedom by interfering as little as possible. There is nothing on earth more precious than civil liberty.”

In 1717, John Wise said that it is because “God does not permit it, that rulers cannot invade the rights and liberties of the people.”

In 1764 James Otis wrote “There can be no prescription old enough to supersede the Law of Nature and the grant of God Almighty, who has given to all men a Natural Right to be free.”

Elisha Williams noted in 1744 that “there are too many arbitrary governments in the world. … These are not properly speaking governments but tyrannies, and are absolutely against the law of God and nature.”

All acts of legislature apparently contrary to natural right and justice are, in our laws and must be in the nature of things, considered as void. The laws of nature are the laws of God; whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of justice. Robin v. Hardaway, 1 Jefferson 109, 114 (1772).

John Locke asserted that any ruler “who exceeds his lawful power acts without authority and may be opposed as any other man who by force invades the rights of another.”

Aeneas Piccolomini who would later become Pope Pius II, stated that any ruler who placed his personal advantage above that of the people could be branded a tyrant and disobeyed.

Jonathan Mayhew wrote in 1750 that “When he [a ruler] turns tyrant and makes his subjects his prey and to destroy . . . we are bound to throw off our allegiance to him and to resist.”

Note: If you are only interested in raw milk, just read the following sections:

Introduction - so that you understand the approach.
5. The Federal Government Has Only Limited and Enumerated Powers
6. Bill of Rights Protects Pre-Existing Rights
44. Tyrannical Conduct is Impermissible and Disobedience is Authorized
45. Natural Law Provided Justification to Use Forceful Opposition Against Tyrants
47. Police Powers Based Upon Necessity
48. The Presumption of Liberty
80. Waiver of Statutory Rights
82. The Prohibition of Raw Milk, and a Lesson from Mahatma Gandhi

Table of Contents

  • INTRODUCTION AND SUMMARY

  • PART 1: PRIMER ON LAW

  • 1. The People Gave Government Its Powers, and Reserved their Rights

  • 2. The People Become Sovereign Under The Paris Peace Treaty of 1783

  • 3. The Confederation Gives Way to the Constitution

  • 4. Are the States Capable of Judging Federal Usurpation of Power?

  • 5. The Federal Government Has Only Limited and Enumerated Powers

  • 6. Bill of Rights Protects Pre-Existing Rights

  • 7. How Did the Anti-Slavery Amendments Affect Our Rights?

  • 8. Where The State Gets Its Power

  • 9. Federal General Welfare Powers

  • 10. Federal Regulation Of Commerce

  • 11. Government Powers Derived From Contract

  • 12. Government Powers Analyzed

  • 13. Abortion

  • 14. Building Permits

  • 15. The Federal Communications Commission

  • 16. Aviation

  • 17. Civil Rights

  • 18. Anti-Pornography Laws

  • 19. Smokers Rights and the War on Drugs

  • 20. The Courts Tell Us Our Rights

  • 21. Bodies of Law and Their Purpose

  • 22. Common Law

  • 23. Equity

  • 24. Admiralty

  • 25. Admiralty Fringe on Flag

  • 26. Criminal Law

  • 27. Civil vs. Criminal

  • 28. Administrative Law

  • 29. Martial Law

  • 30. Military Justice

  • 31. Uniform Commercial Code

  • 32. Natural Law

  • 33. International Law

  • PART 2: THEORY OF NATURAL LAW

  • 34. What is Natural Law?

  • 35. Will Government Follow Natural Law?

  • 36. How Do You Treat a Child of God?

  • 37. Principles of Natural Law Applicable to all Positive Laws

  • 38. Positive Laws Must be Just

  • 39. Positive Laws Must Be Reasonable and Not Arbitrary

  • 40. Positive Laws Must Be Enacted For and Serve the Common Good

  • 41. Positive Laws Must Treat All Equally

  • 42. Litigation of Positive Laws Must Exercise Procedural Fairness

  • 43. How Do You Determine What is a Natural Law?

  • 44. Tyrannical Conduct is Impermissible and Disobedience is Authorized

  • 45. Natural Law Provided Justification to Use Forceful Opposition Against Tyrants

  • 46. Privileges or Immunities of the Citizens

  • 47. Police Powers Based Upon Necessity

  • 48. The Presumption of Liberty

  • 49. Affecting a Public Interest

  • 50. Substantive Due Process vs. Procedural Due Process

  • 51. Judicial Review of Legislative Enactments

  • 52. The Presumption of Constitutionality and Footnote Four

  • 53. State and Federal Governments are Separate Parallel Jurisdictions

  • PART 3: RIGHTS FROM OUR NATURAL LAW TRADITION

  • 54. Liberty and Due Process

  • 55. The Pursuit of Happiness

  • 56. Right to Marriage and Children

  • 57. Right to Property

  • 58. Freedom of Enterprise

  • 59. Freedom of Contract

  • 60. Freedom of Religion

  • 61. Freedom of Speech and Press

  • 62. Right Against Unreasonable Searches and Seizures

  • 63. Court Cases On Searches, Seizures, and the Fourth Amendment

  • 64. Do You Have To Identify Yourself?

  • 65. Right to Silence and Against Self-Incrimination

  • 66. Equal Protection of the Laws

  • 67. Freedom of Assembly and Association

  • 68. The Right to Travel

  • 69. The Right to Privacy

  • 70. Privacy in Marriage

  • 71. Right to Bear Children

  • 72. Harmonizing Diverse Interests

  • 73. Right to Jury Trial, and Jury Nullification

  • PART 4: REMEDIES TO TYRANNY

  • 74. Claim Under 96 Stat. 1211: Congress Asks Us to Follow the Teachings of the Bible

  • 75. Claim Under the First Amendment: Religious Free Exercise

  • 76. Is It God's Will?

  • 77. Some Useful Principles to Argue

  • 78. The Practice of Healing Arts

  • 79. Claim Under the Ninth Amendment: Rights Retained by the People

  • 80. Waiver of Statutory Rights

  • 81. Power of the Sheriff

  • PART 5: APPLICATIONS

  • 82. The Prohibition of Raw Milk, and a Lesson from Mahatma Gandhi

  • 83. Minimum Wage and Freedom of Contract

  • 84. Mandatory House-Key Lock Boxes

  • 85. The Drivers License

  • 86. Is the Drivers License a Contract?

  • 87. The License Plate

  • 88. Car Registration

  • 89. Automobile Insurance

  • 90. Beware of Definitions

  • 91. Seat Belt Laws

  • 92. Motorcycle Helmet Laws

  • 93. How to Deal With TSA Groping

  • 94. Court Cases Relating to Travel

  • 95. Court Cases Relating to Airline Travel

  • 96. Summary of the Anti-Groping Theory

  • 97. Applying the Theory

  • 98. Groping of Children

  • 99. If I Am On a No Fly List

  • 100. How to Deal With Police

  • 101. The Right to Resist Unlawful Arrest

  • 102. Police Stops

  • 103. Who Owns Your Children?

  • 104. The Doctrine Of Parens Patriae

  • 105. Parental Government

  • 106. The State As Your Marriage Partner

  • 107. Parental Rights vs. Child Protective Services (CPS)

  • 108. The Natural Law Position

  • 109. Spanking and Child Abuse Laws

  • 110. Home Schooling

  • 111. Alternative Health Care

  • 112. Your Right To Receive and Provide Alternate Health Care

  • 113. Marijuana, Hemp, and Other Herbs

  • 114. Alternative Health Practitioners

  • 115. Some Comments on the Practice of Medicine

  • 116. Example Health Care Consultation Agreement Form

  • PART 6: WINNING YOUR CASE

  • 117. Membership In A Group

  • 118. Why You May Not Want An Attorney

  • 119. Pleas

  • 120. Choose Your Issues Carefully

  • 121. Why You May Not Want A Jury Trial

  • 122. Why You May Want To Testify

  • 123. Declaration of Intent and Purpose

  • 124. Declaratory Judgments

  • 125. Duty To God And Country

  • Appendix A: Maharishi Mahesh Yogi on Natural Law

  • Appendix B: Terms of Use for Health Practices or Remedies Website

  • Appendix C: FTC Attack Upon My Website

  • Appendix D: Alternative Forms of Marriage

  • What Constitutes a Common Law Marriage

  • What Constitutes a Patriarchal Marriage

  • Appendix E: Justice Thomas on the Commerce Clause

  • Appendix F: The “Terry” Frisk

  • Appendix G: Congress Compels States into Social Security by Fraud

  • Appendix H: Rules to Follow for the Supreme Court to Hear Your Case

  • Appendix I: How To Use A Law Library

  • Appendix J: Books, Internet, and Other Resources

  • Appendix K: Some Codes and Statutes Relevant to Air Travel

  • Appendix L: Excerpts from City of Indianapolis et al. v. Edmond et al., on Searches

  • Appendix M: Penalties for Violating the Rights of Persons

  • Authors Note


  • See the blog.

    You can download some chapters for free. And download the free Workbook that provides a succinct theory of law and step-by-step procedure for applying the theory of law.

    Paperback and ebook are available:
    Pages: 276
    Language: English
    Dimensions: 10 x 7 x 0.6 inches
    ISBN-10: 1468069705
    ISBN-13: 978-1468069705
    Rev. 121111

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