Some of the Objectives
of our Mission to Inform
WHAT WE KNOW AND ALL SHOULD KNOW
Experience with the government of Texas have revealed the following to be concepts and ideals where our education is lacking. Some have managed to graduate from Texas Public schools, and then acquired a college degree in government, and even a law degree, without acquiring an understanding of these. Through this website, and via other actions, we will inform them of what they missed in school or forgot (or choose to feign ignorance of).
We apologise for the
commentary included. But the commentary helps to dramatize the need for
understanding these terms and ideals. Knowledge of these is essential
for the continuance (or restoration) of civil liberty, the capcity for self-government,
an environment of Liberty and Justice for each that, together with other
individuals, make up the 'all'.
Role of Citizen / Role of Government
Who or What is 'the Sovereign'. Law on our Land of Texas began with our Declaration of Independence, March 2, 1836. Those who gave us our Law were very clear. The people of Texas are the sovereign. This is written in stone on the side of the State Archives building next to our Capitol. Today our government has taken sovereignty from the people by claiming that it is the sovereign.
In a Republic and in a Democracy, or any system of government where the people are recognized as the sovereign, individuals have immunity from suit or liability, criminal or civil, absent an explicit waiver of their immunity, as free individuals, through statutory law. That is Law made by the Representatives of the people in their Legisalture. Therefor the government, known as the State of Texas, cannot for charge you with a crime and bring a lawsuit against you (a prosecution), absent a clear grant of authority to do so by statutory Law of our Legislature. Further, any law that does give authority to the government to prosecute you must be done by a process that provides the protections of the Law established in our Constitution. Statutory Law and procedures (process) must not violate the limits or prohibitions of the higher Law know as Constitutions.
Self-Government by a free people;
This is a system, a paradigm, where the People, as the Sovereign, create Constitutional Law and choose Legislators to make Statutory law. That is 'self-government' through a representative democracy. Also know as a 'Republican Form of Government'. Our Us Constitution guarantees to the people of each State a 'Republican Form of Government'. The people rule over their government with a Constitution and Laws that are binding on the government, and those who act in it's name. THAT is what is referred to as 'The Rule of Law'. The opposite, referred to as tyranny and other names, is where the Government, by and through those who act in it's name, rule over the people without any restraint imposed by Constitutions and Laws. The government, and those who act in it's name, escape accountability by claiming the government is the sovereign, rather than simply an entity with limited authority to represent the true sovereign.
At this time both our Judicial division and Legislative division, to the benefit of the Executive division of our Texas Government, have reversed the paradigm in favor of tyranny. They assert any and all in the Executive Division of our government (that entity known as 'The State') is the sovereign and immune from lawsuit or liability for violating our Constitutions, both US & Texas! By doing so our Legislators have reduced their own laws, our statutes, to merely suggestions the other two division, Executive and Judicial, can disregard with impunity. Executive Division actors (police and prosecutors) can arrest you, prosecute you with the aid of a judiciary that deprives you of due process of law, and then claim sovereign immunity when you, a Citizen and one of the true sovereign, The People of Texas, bring an action upon them for their violations of our Constitutions and Laws. It is time to reclaim our birthright, our sovereignty. This is not a new phenomenon. See this Brief History from 500 BC to the present.
Sovereign Immunity, as presently applied, is contrary to the purpose of Law
What is Law and what is the Purpose for Law?
PURPOSE OF LAW IS TO PROTECT THE INDIVIDUAL, FROM GOVERNMENT
AND FROM THE SOVEREIGN, OR THOSE WHO REPRESENT THE SOVEREIGN.
Some people have the impression that the purpose of Law is to punish people for committing a crime. They fail to understand that governments do not need Law to punish those they choose to deem as 'criminal'. Kings and those they title as Noble to act in their name as Sherrifs, Constables, etc., and Dictators with their military and police can punish anyone that they or another accuses of a crime without law. Kings and Dictators simply allow those who act in their name to be judge, jury, and executioner. No Law is required to punish and oppress. You tell them your neighbor did something wrong and if they agree then they exact punishment. Free of the technicality of law. Tomorrow your neighbor calls them on you and they do the same to you. In such a system none are safe from false accusations resulting in unjust punishment, or government oppression for political purposes.
LAW, that which is written and created by our consent, protects us from punishment and oppression. Law protects when it is written and understood. It is not complicated. It flows from a hierarchy that begins with (1) our organic law, ie; our National and Texas Declarations of Independence, and from there to our (2) Constitutions, to (3) Statutes.
Law is NOT for the purpose of protecting the private individual from other private individuals or groups. In other words, Constitutions and Laws are not created for the purpose of what is typically presented as serving "public safety". Any organized force, be it a street gang, the mafia, a private security agency, or a large army & police force under the rule of a dictator, can provide "public safety" or the appearance thereof, without any Constitution or Law! Chiefs of Tribes, Feudal Kings, and more recently Military and Communist Dictators provide their public with safety. No Constitution or Law required or even allowed. The primary purpose of Law, properly understood, is to protect the private individual from organized force known as government. Law protects the individual from the government and from a jury of their peers.
Sovereign Immunity has reversed the paradigm. It is a Law that protects the government when it acts outside the boundaries of the Law. Thus those in government are now freed from any boundaries. At their will and pleasure, and to give the appearance they are doing something in exchange for what they take from the public treasury, they violate the law with impunity. The Individual now has no protection from the government. The sovereign people, eager to prove they are not "anti-government" and to prove they "back the blue" and are for "victim rights" will even promote the denial of due process of law for the victims of government overreach and malfeasance. They will aid and abet the persecution and conviction of the innocent. Thus the only remaining Law is the Judge made law of Sovereign Immunity for the artificial entity known as "The State". All other laws are reduced to suggestions that have no real substance. We, the People of Texas, are now left without the protection of the Law.
A high incarceration rate is not evidence of law enforcement or a tuff on crime society. To the contrary. It reveals a lack of enforcement of the law. It is evidence of a state of lawlessness. It is evidence of a government unleashed from the boundaries of the Constitution that created it and unleashed from the Laws that are intended to bind it. It is a machine that is now out of control. The creator of the robot has surrendered sovereignty to the robot. The program that controls it has been reduced to a suggestion the robot may disregard and will disregard when it is self serving.
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WHAT IS LIBERTY
LIBERTY, as understood in 1776 on our Land known as United States, and 1836 on our Texas, meant the Right of the Individual to have Law protect the Individual from the government, it's agents and actors, and even a jury of peers. It was for this particular definition of Liberty that the Founders of Law on our Lands pledged their lives, their fortunes, and their sacred honor. The Equal Rights of each Individual has the protectin of the Law because no person or entity is above the Law - not even the government, a government prosecutor, or members of the Judiciary be they acting individually or jointly. That was the Liberty established in 1776 and in Texas in 1836. Do we have that Liberty today?
LIBERTY has comonly
been defined in dictionarys and schools as freedom from arbitrary and
But how is that freedom optained? By imposing Law on the King (the Sovereign) and those who act in his name (the government). This was done over 800 years ago with the Magna Carta. That is Latin for 'The Great Charter of Liberties'. Later a Parliament was established and it added additional laws to bind the King and limit his discretion. This established the Rule of Law. In other words, people became Citizens, rather than Subjects, because they now had Law to protect them from arbitrary and capricious Rule by the Sovereign or those who acted in the name of the Sovereign (the Monarch / Government). But over time the Monarch used a Judiciary that was dependent upon his will to assert that the Monarch and his government had immunity. The doctrine known as 'The Divine Right of Kings' replaced the Rights of man and abolished Liberty. Liberty was restored for a time in the English Civil War, some 150 years prior to our Revolution. At the time of the French and American Revolutions King George was, like the other Monarchs of Europe, depriving people of Liberty. When the King and the Parliament deprived the Citizens in the Colonies of even the limited protection of the Law equal to that of fellow subjects in England they chose to revolt, as were the people of Franch, with a demand for Independence from Monarchy.
They established We the People as the Sovereign with a government of the people. This is known as Self-Government. They believed that by making the People the Sovereign, rather than a King, the Right of the Individual to have equal protection of the Law would be more secure then when the King was the sovereign. It was then in their own self interest to grant protection to the law where before it was dependent upon the King's honor. They established a Republic with the hope that the Legislature, and an Independent Judiciary, would keep their Liberty secure from the Executive Division of Government. Self-Government exists only when The People are the Sovereign. When the Judiciary or the Legislature decree that the Government is the Sovereign The People have been deprived of their Sovereignty. When the Judiciary or the Legislator give Government Sovereign Immunity they deprive The People of Liberty. The Law no longer provides protection for the people from unlawful acts by government or those acting in the name of government.
Any who say that
government has sovereign immunity from suit or liability for unlawful
acts by it's actors is an enemy of Liberty. WE, of Informed Citizens, and
it's sister organization Citizens United 4 Accountable Government, are dedicated to
an information war to counter this assertion made by the enemies of Liberty. They
promote the misconception that the purpose of Law is not to protect the
Citizen from the Government and the Sovereign, but rather that the
purpose for Law is to grant a license to government actors and agents to
act as they please in the name of an entity that is immune any
consequences for their disregard for the Law as written.
We are dedicated to counter those who would reduced our Constitutions
and Laws to a nothing more than a suggestion, a guide, that they, under
their title of employment in government, have discretion to disregard
with impunity by claiming immunity.
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WHAT IS JUSTICE
JUSTICE, as understood at the time of our American Revolution was expressed by the most recognized Legal Scholar of the time, Sir William Blackstone, to mean the right of each to have what is due. Before him, at the same time as the establishment of the Great Charter of Liberties in England, five hundred years before Blackston, the Legal Scholar and Priest, Saint Thomas Acquinas, likewise defined Justice as the right of each to have what is due.
What is due to each person is:
Equal Protection of the Law, first and foremost from government,
Restitution for their damages when another person, be that person human or artificial (corporation or government), violates the law.
Today the enemies of Liberty and Justice promote the misconception that Justice is synonymous with punishment. They believe, and seek to have the public believe, that punishment by government is Justice. Therefore the greater number of people that are punished by government actors, and the harsher the punishment, the more “justice has been served”.
WE, of Informed Citizens, and it's sister organization Citizens United 4 Accountable Government, are dedicated to seeing that each is given what is due. What is due the accused is the Protection of the Law and Due Process of Law.
The State does not
represent the 'victim'. Our Constitution does not guarantee counsel for
the victim or alledged victim of a crime. The Prosecutor represents 'the
State' / government in the peformance of it's duty to carry out the
mandates of the Legislature. Our constitution guarantees the right of an
attorney for the accused!. The same,
or equal, public funds that pay for the Prosecutor be provided for the
State needs to be provided to pay for
Attorneys to represent the accused. The enemies of Justice may not
like it but THAT is JUSTICE as intended by the founders of law on our
Land and our Constitution. Restitution for an alledged victim may be had
by a civil process. The need only prove another party liable to them by
a preponderance of the evidence. Although 'libel, the presumption of
innocence is an absolute right the accused retains unless their guilt is
proven in a criminal court 'beyond a reasonable doubt'.
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Punishment is NOT Justice
Do a search of the Bible. At no place therein will you find justice equated to, or implied to mean, punishment. To the contrary, it implies the very opposite throughout the long history recorded therein.
Punishment is vengence. Vengence is the province of God. Do not take revenge, my dear friends, but leave room for God’s wrath, for it is written: “It is mine to avenge; I will repay,” says the Lord. Romans 12:19
Punishment is lawless retribrution. It is for the uncivilized. Justice is restitution or compensation from the party liable or responsible for the loss or harm. A civilized society does not utilize the government to punish it's fellow citizens. A civilized society will incarcerate, or imprison, but only to the extent necessary to protect society from those inclined to violate the criminal law. And only for the minimum amount of time required to rehabilitate. Anything more is cruel.
Many, if not most, crimes of
violence are cases of people trying to administer punishment for a wrong
or percieved wrong. They are attempts at vigilante justice wherein the
perpetrator believes the definition of justice is punishment. When
society as a whole, throught it's government, does the same - a bad
example is set. Many of those who then commit crimes of violence are
simply following the example set by their government! An eye for an eye
makes the whole world blind. In a civilized society the people, through
government, PREVENT vigilante justice, PREVENT extra-judicial and
excessive punishment, PREVENT vengeance, by
providing an alternative and enforcing a restraint on those who would
take the law into their own hands or be cruel to those who have, or they
believe have, wronged them.
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The Roles of Citizen and Government on a Land of Liberty
Liberty and Justice exists when the private Citizen has Rights, Privileges, and Immunity secured by Constitutions and Laws that are honored and enforced by government agents & actors.
Liberty and Justice exists when those elected at Public Officials, or employed as Public Servants, have duties, obligations, and responsibilities. And when the entity in whose name they act (ie: government, local or State) is accountable for damages caused when those actors violate our Constitutions and Laws, and deprive us of our Rights, under the pretense their position gives them a right or priviledge to do so with immunity.
Sovereign immunity reversed
the paradigm. Public Officials and others employed in government are
treated as possessing rights, privileges, and immunities in addition to
'Royalty' payments for their Title. Citizens are reduced to subjects
that have duties, obligations, and responsibilities which require the
payment of taxes so that those with Titles of Nobility can recieve their
royal payments other benefits of their 'class'.
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What is a Republican form of Government?
Our US Constitution mandates a republican form of government for every State that is part of the United States. I have been shocked at how many elected to or employed in our Texas Legislature do not know the fundamentals, the basics, of a 'Republican form of Government'. IN A REPUBLIC:
The people are the Sovereign. But each has Rights as an Individual. The Law protects the Individual from both the sovereign and the government. Christians and those who know ancient history understand why. Both Socrates and Jesus were innocent. Yet both were convicted by a jury of their peers and given the maximum punishment.
The Executive Division is the government, refered to as 'The State'. The Executive Division is 'the government' because it performs the functions of government. Among these functions is the enforcement of Laws. This includes the duty to enforce the law on their fellow public servants in the executive division. The other divisions may be referred to as part of the government. But their functions are not 'governmental'.
The Legislature / Congress is 'The People'. They represent the true Sovereign of the Land, the Nation, the people. They function in a capacity similar to that of the Board of Directors of a large corporation. The stockholders are not the corporation, but they own the corporation, are the beneficiaries of the corporation, and they elect a Board of Directors to 'direct' the Executives on how to peform the functions of the enterprise. They direct them by making laws that tell those in the Executive & Judicial Divisions what they can, and what they cannot, do. They also have the power to impreach, or threaten to impeach, the incompetent or dishonorable in the other divisions. Likewise the people, and their elected representatives, are NOT "The Government".
YOU, as a private Individual, are NOT "The State of Texas", or even a part of it. It is an artificial entity. A human person may own, and may be employed by, an artificial entity. But it remains an artificial entity. Those who pray to 'The State' are praying to an idol. As a human, a real person, you do OWN the State of Texas. This provides you with some ability, through your vote and advocacy, to keep it operating within the boundaries our Constitutions and Laws are to impose upon it. You have some ability to make it function for it's intended purpose of Liberty and Justice for the each that are the all. If you don't it will become a self serving enterprise that will punish and oppress arbitrarily for the will and pleasure of those who operate it. And even those who operate it will fall victim to an out-of-control robot if the programming has failed. The Indians will become the Chiefs. The Servants the Masters and all will their slave. Even themselves. Because of we have a part-time, bi-annual, legislature this has, unfortunately, become true to a greater degree than we, the people of Texas, want to admit.
The Judiciary is 'Independent'. In disputes between the Executive and Legislative Divisions it collects the facts, reviews the facts, and then administers the law with the view that Individuals have inherent, inalienable Rights but government does not. 'The Laws of Nature and Nature's God'. And that law is at the top of the heirarchy of laws. The Organic Law is next in the heirarchy. That is our Declarations of Independence as Law that preceded our Constitutions. Constitutions are next. Followed by Statutory Law. Each in the heirarchy must not be applied in a manner that would cause it to over ride a Law that is higher in the chain of command. The Judiciary is subservient to the Legislature unless the Judiciary is convinced the statutory law violates the higher law of the 'Laws of Nature', the Organic Law of our Declarations, and The Law of our Constitutions. With a republican form of government the law is always administered in the favor of the Individual. That is, provided, the rulings are made by competent and honorable servants of the public in the Judicial Division.
Of the three the Legislature is the most powerful as the direct representative of the sovereign. The Legislature is not bound by what any in the Executive, including the Attorney General, assert is 'The Law'. The Legislature is not bound by tany interpretation the Judiciary has made of the Law the Legislature has made. They have the first right of 'interpretation' because they made it!
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Today the enemies of Liberty and Justice promote the misconception that those elected and employed at public expense are not public servants, but rather are performing a Noble 'public service'. Previously they were referred to as "public servants". Now they are only mentioned for their "public service".
All employed in the private sector of our economy provide a service to the public. It is only by doing so that a private sector business can make the revenue and profit required to continue operating. If a private enterprise provides a service or product to the public the public will pay them for it. But the public has the option of not choosing their service or product and, thus, not paying them. The entity will go out of business. In the public sector of our economy the relationship is not so direct. Government was created by us to provide us with services. Taxes are to pay for these services performed by public servants. But taxes can be taken regardless of whether or not those employed in government provide a service. Without the competitive pressures of the market place the services provided by those employed in government may not be worthy of the price paid in taxes. In the past they were reminded of their duty to serve by reminding them they are public SERVANTS.
We created a system that provides for the removal of their boss via elections if they fail to serve. But they now have unions and associations that secure the employment of the unproductive and incompetent through a succession of replacements via elections. This is another reason that the Law must be enforced on those employed in positions of public trust. In the public sector it is necessary as there are limited means for holding them accountable to their job performance.
Their associations and unions have promoted propaganda intended to make the public believe the title of their employment confers upon them Rights, Privileges, and Immunity that require no real service. Rather, It is our duty, obligation, and responsibility to serve them and honor them simply because they have managed to acquire a title of employment at public expense. Those we have entrusted with the duties of government have reversed the roles of the private citizen and the public servant. They have violated our Constitution's prohibition against Titles of Nobility by making election or employment at public expense the legal equivalent of an inherited Title of Nobility in a feudal kingdom.