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Constitution Day 2021: It’s Time to Make America Free Again

By John W. Whitehead & Nisha Whitehead | The Rutherford Institute

“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.”—Margaret Atwood, The Handmaid’s Tale

The Constitution of the United States represents the classic solution to one of humankind’s greatest political problems: that is, how does a small group of states combine into a strong union without the states losing their individual powers and surrendering their control over local affairs?

The fifty-five delegates who convened in Philadelphia during the sweltering summer of 1787 answered this question with a document that called for a federal plan of government, a system of separation of powers with checks and balances, and a procedure for orderly change to meet the needs and exigencies of future generations.

In an ultimate sense, the Constitution confirmed the proposition that original power resided in the people—not, however, in the people as a whole but in their capacity as people of the several states.  To bring forth the requisite union, the people through the states would transfer some of their powers to the new federal government.  All powers not reserved by the people in explicit state constitutional limitations remained in the state governments.

Although the Constitution was adopted on September 17, 1787, the fear of the new federal government was so strong that a “bill of rights” was demanded and became an eventuality.

Intended to protect the citizenry’s fundamental rights or “first liberties” against usurpation by the newly created federal government, the Bill of Rights—the first ten amendments of the Constitution—is essentially a list of immunities from interference by the federal government.

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom is damned.

“We the people” have been terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole-body scanners, stop and frisk searches, vaccine mandates, travel lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

Here is what it means to live under the Constitution, post-9/11 and in the midst of a COVID-19 pandemic.

The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being arrested and charged with bogus “contempt of cop” charges such as “disrupting the peace” or “resisting arrest” for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested, and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a so-called government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against SWAT team raids and government agents armed to the teeth with military weapons better suited to the battlefield. As such, this amendment has been rendered nearly null and void.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with heavily armed SWAT teams, military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.

The Fourth Amendment prohibits government agents from conducting surveillance on you or touching you or invading you unless they have some evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of police powers that include strip searches and even anal and vaginal searches of citizens, surveillance (corporate and otherwise), and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.

The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty, or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land, or possessions) under government asset forfeiture schemes, you have no true rights.

The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state, and national entities has long since been rendered moot by centralized Washington, DC, power elite—the president, Congress, and the courts.

If there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

Yet those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” As the Preamble proclaims:

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.

In other words, we have the power to make and break the government. We are the masters and they are the servants. We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws, and prosperity.

Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.

As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”

Americans are constitutionally illiterate.

Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights. For instance, a survey by the Annenberg Public Policy Center found that a little more than one-third of respondents (36 percent) could name all three branches of the U.S. government, while another one-third (35 percent) could not name a single one.

A survey by the McCormick Tribune Freedom Museum found that only one out of a thousand adults could identify the five rights protected by the First Amendment. On the other hand, more than half (52%) of the respondents could name at least two of the characters in the animated Simpsons television family, and 20% could name all five. And although half could name none of the freedoms in the First Amendment, a majority (54%) could name at least one of the three judges on the TV program American Idol, 41% could name two, and one-fourth could name all three.

It gets worse.

Many who responded to the survey had a strange conception of what was in the First Amendment. For example, 21% said the “right to own a pet” was listed someplace between “Congress shall make no law” and “redress of grievances.” Some 17% said that the First Amendment contained the “right to drive a car,” and 38% believed that “taking the Fifth” was part of the First Amendment.

Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.

In fact, while some educators want students to learn about freedom, they do not necessarily want them to exercise their freedoms in school. As the researchers conclude, “Most educators think that students already have enough freedom and that restrictions on freedom in the school are necessary. Many support filtering the Internet, censoring T-shirts, disallowing student distribution of political or religious material, and conducting a prior review of school newspapers.”

Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support, and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.

So what’s the solution?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties”  is the only real assurance that freedom will survive.

As Jefferson wrote in 1820: “I know no safe depository of the ultimate powers of our society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card. Use this card to teach your children the freedoms found in the Bill of Rights.

If this constitutional illiteracy is not remedied and soon, freedom in America will be doomed.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we have managed to keep the wolf at bay so far. Barely.

Our national priorities need to be re-prioritized. For instance, some argue that we need to make America great again. I, for one, would prefer to make America free again.

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is the founder and president of The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.




The Government’s War on Free Speech: Protest Laws Undermine the First Amendment

By John W. Whitehead & Nisha Whitehead | The Rutherford Institute

“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.”— George Washington

It’s a given that the government is corrupt, unaccountable, and has exceeded its authority.

So what can we do about it?

The first remedy involves speech (protest, assembly, speech, prayer, and publicity), and lots of it, in order to speak truth to power.

The First Amendment, which is the cornerstone of the Bill of Rights, affirms the right of “we the people” to pray freely about our grievances regarding the government. We can gather together peacefully to protest those grievances. We can publicize those grievances. And we can express our displeasure (peacefully) in word and deed.

Unfortunately, tyrants don’t like people who speak truth to power.

The American Police State has shown itself to be particularly intolerant of free speech activities that challenge its authority, stand up to its power grabs, and force it to operate according to the rules of the Constitution.

Cue the rise of protest laws, the police state’s go-to methods for muzzling discontent.

These protest laws, some of which appear to encourage violence against peaceful protesters by providing immunity to individuals who drive their car into protesters impeding traffic and use preemptive deadly force against protesters who might be involved in a riot, take intolerance for speech with which one might disagree to a whole new level.

Ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities. Yet while the growing numbers of protest laws cropping up across the country are being marketed as necessary to protect private property, public roads, or national security, they are a wolf in sheep’s clothing, a thinly disguised plot to discourage anyone from challenging government authority at the expense of our First Amendment rights.

It doesn’t matter what the source of that discontent might be (police brutality, election outcomes, COVID-19 mandates, the environment, etc.): protest laws, free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero-tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.

However, as Human Rights Watch points out, these assaults on free speech are nothing new. “Various states have long-tried to curtail the right to protest. They do so by legislating wide definitions of what constitutes an ‘unlawful assembly’ or a ‘riot’ as well as increasing punishments. They also allow police to use catch-all public offenses, such as trespassing, obstructing traffic, or disrupting the peace, as a pretext for ordering dispersals, using force, and making arrests. Finally, they make it easier for corporations and others to bring lawsuits against protest organizers.

Make no mistake: while many of these laws claim to be in the interest of “public safety and limiting economic damage,” these legislative attempts to redefine and criminalize speech are a backdoor attempt to rewrite the Constitution and render the First Amendment’s robust safeguards null and void.

For instance, there are at least 205 proposed laws being considered in 45 states that would curtail the right to peacefully assemble and protest by expanding the definition of rioting, heightening penalties for existing offenses, or creating new crimes associated with an assembly.

No matter how you package these laws, no matter how well-meaning they may sound, no matter how much you may disagree with the protesters or sympathize with the objects of the protest, these proposed laws are aimed at one thing only: discouraging dissent.

In Alabama, lawmakers are pushing to allow individuals to use deadly force near a riot. Kentucky, Missouri, and New Hampshire are also considering similar stand your ground laws to justify the use of lethal force in relation to riots.

In Arizona, legislators want to classify protests involving seven or more people as felonies punishable by up to two years in jail. Under such a law, traditional, nonviolent forms of civil disobedience—sit-ins, boycotts, and marches—would be illegal.

In Arkansas, peaceful protesters who engage in civil disobedience by occupying any government property after being told to leave could face six months in jail and a $1000 fine.

In Minnesota, where activists continue to protest the death of George Floyd, who was killed after police knelt on his neck for eight minutes, individuals who are found guilty of any kind of offense in connection with a peaceful protest could be denied a range of benefits, including food assistance, education loans and grants, and unemployment assistance.

Oregon lawmakers wanted to “require public community colleges and universities to expel any student convicted of participating in a violent riot.” In Illinois, students who twice infringe the rights of others to engage in expressive activities could be suspended for at least a year.

Proposed laws in at least 25 states, including Oklahoma, Mississippi, and Florida, would give drivers the green light to “accidentally” run over protesters who are preventing them from fleeing a riot. Washington wants to levy steeper penalties against protesters who “swarm” a vehicle, punishing them for a repeat offense with up to 40 years in prison and a $100,000 fine.

Responding to protests over the Keystone Pipeline, South Dakota enabled its governor and sheriffs to prohibit gatherings of 20 or more people on public land if the gathering might damage the land. At least 15 other states have also adopted or are considering legislation that would levy harsher penalties for environmental protests near oil and gas pipelines.

In Iowa, all it takes is for one person in a group of three or more people to use force or cause property damage, and the whole group can be punished with up to 5 years in prison and a $7,500 fine.

Obstruct access to critical infrastructure in Mississippi and you could be facing a $10,000 fine and a seven-year prison sentence.

North Carolina law would have made it a crime to heckle state officials. Under this law, shouting at a former governor would constitute a crime.

In Connecticut, you could be sentenced to five years behind bars and a $5,000 fine for disrupting the state legislature by making noise or using disturbing language.

Indiana lawmakers wanted to authorize police to use “any means necessary” to breakup mass gatherings that block traffic. Lawmakers have since focused their efforts on expanding the definition of a “riot” and punishing anyone who wears a mask to a peaceful protest, even a medical mask, with 2.5 years in prison and a $10,000 fine.

Georgia wants to ban all spontaneous, First Amendment-protected assemblies and deny anyone convicted of violating the ban from receiving state or local employment benefits.

Virginia wants to subject protesters who engage in an “unlawful assembly” after “having been lawfully warned to disperse” with up to a year of jail time and a fine of up to $2,500.

Missouri made it illegal for public employees to take part in strikes and picketing, only to have the law ruled unconstitutional in its entirety.

Oklahoma created a sliding scale for protesters whose actions impact or impede critical infrastructure (including a telephone pole). The penalties range from $1,000 and six months in county jail to $100,000 and up to 10 years in prison. And if you’re part of an organization, that fine goes as high as $1,000,000.

Talk about intimidation tactics.

Ask yourself: if there are already laws on the books in all of the states that address criminal or illegal behavior such as blocking public roadways, trespassing on private property, or vandalizing property—because such laws are already on the books—then why does the government need to pass laws criminalizing activities that are already outlawed?

What’s really going on here?

No matter what the politicians might say, the government doesn’t care about our rights, our welfare, or our safety.

Every despotic measure used to control us and make us cower and comply with the government’s dictates has been packaged as being for our benefit, while in truth benefiting only those who stand to profit, financially or otherwise, from the government’s transformation of the citizenry into a criminal class.

In this way, the government conspires to corrode our core freedoms purportedly for our own good but really for its own benefit.

Remember, the USA Patriot Act didn’t make us safer. It simply turned American citizens into suspects and, in the process, gave rise to an entire industry—private and governmental—whose profit depends on its ability to undermine our Fourth Amendment rights.

In much the same way that the Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program criminalizes otherwise lawful, nonviolent activities such as peaceful protesting.

Clearly, freedom no longer means what it once did.

This holds true whether you’re talking about the right to criticize the government in word or deed, the right to be free from government surveillance, the right to not have your person or your property subjected to warrantless searches by government agents, the right to due process, the right to be safe from soldiers invading your home, the right to be innocent until proven guilty and every other right that once reinforced the founders’ belief that this would be “a government of the people, by the people and for the people.”

Not only do we no longer have dominion over our bodies, our families, our property, and our lives, but the government continues to chip away at what few rights we still have to speak freely and think for ourselves.

Yet the unspoken freedom enshrined in the First Amendment is the right to think freely and openly debate issues without being muzzled or treated like a criminal.

In other words, if we no longer have the right to voice concerns about COVID-19 mandates, if we no longer have the right to tell a Census Worker to get off our property, if we no longer have the right to tell a police officer to get a search warrant before they dare to walk through our door, if we no longer have the right to stand in front of the Supreme Court wearing a protest sign or approach an elected representative to share our views, if we no longer have the right to protest unjust laws or government policies by voicing our opinions in public or on social media or before a legislative body—no matter how politically incorrect or socially unacceptable those views might be—then we do not have free speech.

What we have instead is regulated, controlled speech, and that’s what those who founded America called tyranny.

On paper, we may be technically free.

In reality, however, we are only as free as a government official may allow.

As the great George Carlin rightly observed: “Rights aren’t rights if someone can take them away. They’re privileges. That’s all we’ve ever had in this country, is a bill of temporary privileges. And if you read the news even badly, you know that every year the list gets shorter and shorter. Sooner or later, the people in this country are gonna realize the government … doesn’t care about you, or your children, or your rights, or your welfare, or your safety… It’s interested in its own power. That’s the only thing. Keeping it and expanding it wherever possible.”

In other words, we only think we live in a constitutional republic, governed by just laws created for our benefit.

As I make clear in my book Battlefield America: The War on the American People, we live in a dictatorship disguised as a democracy where all that we own, all that we earn, all that we say and do—our very lives—depends on the benevolence of government agents and corporate shareholders for whom profit and power will always trump principle. And now the government is litigating and legislating its way into a new framework where the dictates of petty bureaucrats carry greater weight than the inalienable rights of the citizenry.

Remember: if the government can control speech, it can control thought and, in turn, it can control the minds of the citizenry.

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is the founder and president of The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.




Protests Nationwide Scheduled for May 1

By Jon Rappoport | No More Fake News

A growing number of groups in US states are preparing protests against the lockdowns on May 1.I’ve found two sites that are publishing information on the protests.

American Revolution 2.0

Open The States

Check out your state and see what’s upcoming.

As far as I can tell, this is not a top-down single-leader movement. It’s a state by state proposition. That would be a good thing. Groups in each state should run their own operations.

Here is a quote from American Revolution 2.0:

“Governor Executive Orders violate the United States Constitution and negate the responsibility of individual citizens for their ‘Life, Liberty, and Pursuit of Happiness’. The precedent set by removing these Constitutional Rights is staggering and to date unheard of.”

Of course, agencies like the CDC and the World Health Organization appoint themselves the “new global governance.” Their job is painting as bleak a picture as possible, making it seem that, without their top-down control, the population of Earth would be decimated.

This is always the way of tyrants. How else can they justify their criminal actions?

The endless invention of enemies is a strategy as old as the hills.

Peace and prosperity are stakes through the hearts of vampires.

For the CDC and WHO and Bill Gates, the idea that someone somewhere might be living free and healthy on his own accord…THAT to them is the virus which must be conquered.

To accomplish this victory, they enlist the help of public and private meddlers and gossipers and snitches and censors, whose only thrill in life is finding “rule-breakers.” Therefore, the more rules the better.

The culture of society is becoming more infantile every day—wash your hands, wash them again, don’t touch your face, stay indoors, wear a mask, wear gloves, stand six feet apart, wait in line, don’t breathe on your neighbor, be polite, watch TV for marching orders—but those people who still understand what freedom means are under no obligation to cater to that “culture.”

[Read more here]

 Robert O’Leary, JD BARA, has had an abiding interest in alternative health products & modalities since the early 1970’s & he has seen how they have made people go from lacking health to vibrant health. He became an attorney, singer-songwriter, martial artist & father along the way and brings that experience to his practice as a BioAcoustic Soundhealth Practitioner, under the tutelage of the award-winning founder of BioAcoustic Biology, Sharry Edwards, whose Institute of BioAcoustic Biology has now been serving clients for 30 years with a non-invasive & safe integrative modality that supports the body’s ability to self-heal using the power of the human voice. Robert brings this modality to serve clients in Greater Springfield, Massachusetts and New England (USA) & “virtually” the world. He can also be reached at romayasoundhealthandbeauty@gmail.com