Governor Rick Scott Should Be Prosecuted

Governor Rick Scott of Florida, who signed SB 7026 into law, has violated his oath to office. He, like everyone else who is elected, is required by the Constitution of both the United States and that of Florida to take an oath to office. Part of that oath is to uphold and defend the Constitution of the United States of America. He has blatantly turned his back on the document with his actions last week. It is time that we the people exercise our power and bring him to justice.

One of the most pernicious provisions of this bill is to raise the age for purchasing a gun to 21. He has violated the 2nd Amendment by infringing on the right for an adult to keep and bear arms. He has violated the 5th Amendment, “nor be deprived of life, liberty, or property, without due process of law”, by revoking the rights of 100,000’s of young adults to purchase a gun and by authorizing judges to confiscate a person’s guns. He has violated Article 4 Section 4 which states “The United States shall guarantee to every State in this Union a Republican Form of Government”. His actions are those of a tyrant, not an elected official in our constitutional republic. His oath is a contract to the people he represents to govern in a legal manner. He has violated the terms of his contract. He must be held accountable.

Simply fighting against the law itself is insufficient. It is time we held our elected officials accountable when they break the law, especially one of this magnitude. A violation of the oath is a criminal offense. He committed perjury when he took his oath to office it seems. He did not intend to uphold and defend the Constitution of the United States when he took the oath, as he told us he would. He committed perjury – ” the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding”. Scott has invalidated his own oath which means he can no longer hold his office as governor.

It is Pam Bondi who should be leading this charge. She is Attorney General and has the power to move this forward. I am not holding my breath. But it is time that a grand jury be informed of the offense and if enough evidence is presented to support the accusations they should issue an indictment. A trial should ensue and determine if he is guilty of violating his oath to office. If he is indeed found guilty, he should be removed from office. There can be no compromise on this.

Imagine if Scott had signed a law which made it illegal to utilize the right to free speech if under the age of 21? How about if he had said jury trials are no longer afforded to those adults under the age of 21? His infringement of the right to keep and bear arms for young adults is as highly offensive and illegal. The tenets of this country state we have unalienable rights and it is the duty of government to protect those rights. When government instead infringes on those rights, it is the right and duty of the people to hold them accountable.

We the people can no longer sit on the sidelines and hope that government will obey the law or fix its own mistakes. Article 1 Section 1 of the Florida Constitution sums it up nicely: “All political power is inherent in the people.”. That is a very powerful statement that indicates, among other things, that we the people of Florida are responsible for the actions of our elected officials. Our responsibility for their actions does not stop when they are elected. On the contrary. That’s when they start. They are our employees and when they break the law it is our responsibility to correct the mistake up to and including firing the employee. It’s our responsibility folks. Time to get busy.

Join me at Constitutional Cappuccino to get plugged into a website that is all about the education Americans need to move our country back to its proper trajectory. My new book “Patriot Ammo: The Words Behind Our Flag” is also available and teaches of our founding documents and principles. The book would make a great present for anybody 16 and up.

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Reconstructing Civil War History

Since the revisionist crowd has hit Orlando and are pushing for the removal of a Confederate Statue from the grounds of Lake Eola citing blatant lies as their reason, I feel it is incumbent on those of us who actually know the history of the war to speak out. The Civil War was not started because of slavery. It had nothing to do with white supremacy or hate. These ideas are ludicrous and those that push this fabrication have no basis in fact. The war had everything to do with the continued economic subjugation of the southern states by the federal government.

Slavery was not the reason for the attack by the North. It is true that some of the southern states did cite maintaining slavery as one of the reasons for their secession, but this truly makes no difference. It does not matter why the South left the Union. They are not the aggressors in this conflict and merely exercised their sovereignty as states to peaceably leave the United States of America. It is the North’s response to this legal action which merits scrutiny.

Slavery was an established practice and supported by law. The Fugitive Slave Acts and the Dred Scott decision both supported the institution of slavery. In the election of 1860, not one of the candidates ran on an abolitionist platform. Far from it. Abolitionists were a very small minority of the people and had little influence.

Lincoln ended up winning the election. Lincoln had plans which were upsetting to the South which had nothing to do with slavery. On the campaign trail. he supported the Supreme Court decision in Dred Scott. He was in ardent opposition to abolition. Lincoln in his first inaugural address stated:

“I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.”

He further stated that if he was to do something then he would be acting against the Constitution in doing so. Lincoln made it crystal clear during this speech that slavery was NOT under attack under his administration. What was under attack was the secession of the states from the Union. He wanted to “save the Union”.

Flashback to 1776. When we declared our independence from Great Britain, we in effect seceded from their influence. Secession was recognized as a right of any state or group of people who felt they were not being governed correctly by those in power. This was one of our founding principles.

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government”

“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security”

No one disputed the right of the sovereign southern states to secede until Lincoln came along. The voluntary union that the states had created by the Constitution had no qualms about secession. Talks of secession had been bandied around for a few decades before the issue resurfaced in the 1860’s. These cries for secession came from the northern states in most instances. No one had any legal or moral problems with the action. Why should they? Our country was formed by a voluntary agreement between the sovereign state to form this nation. The states made the decision on their own to be part of the country.  It was a voluntary act and could be reversed if necessary.

Why Did the North Attack? This had everything to do with Abraham Lincoln and his support of Henry Clay’s “American System”. This was the agenda that was pushed by Lincoln throughout his political career and was the main plank of the Whig Party. This system was about unconstitutional government sponsorship of internal improvements, a centralized federal bank and protective tariffs to fund it all. This is also where the idea of the United States of America becoming the world policeman got its start. This system protected northern industry while invoking high tariffs on exports by the South. It protected northern interests at the cost of southern solvency. By the 1860’s, the South accounted for over 70% of the tax revenue that the federal government took in. In contrast, the high majority of money spent on internal improvements were spent in the north. The south was the loser in this unconstitutional system and the main reason they left the union. This is very similar to the merchantile system set up by Great Britain that led to the colonies revolting.

This was not the first time that southern states had threatened secession. In 1828 a tariff was passed that became know as the ‘Tariff of Abominations”. It was so unpopular that in South Carolina secession was openly talked about and the tariff was nullified by the state legislature. A compromise was finally reached but the problem still festered.

These tariffs were also the reason that the South needed to be forced to stay in the union and why Lincoln attacked. Without the southern states the USA would have gone bankrupt or the American System would have had to been done away with. Instead Lincoln chose to conduct THE most bloody war in American history.  It was all about money, influence and a departure from constitutional values. Lincoln proved during the war he had no love of the Constitution. It should be no surprise that he opposed the legal secession of the southern states.

The out of control government we see today is directly tied to the illegal war waged by Lincoln and his supporters. He was the one who initially took us away from the Constitution and its promise of a limited government of enumerated powers. Lincoln’s actions during the war prove beyond a shadow of a doubt his disdain for the Constitution and the ideals it espouses.

How many know that Lincoln suspended habeus corpus and jailed 1000’s of people in the north without charging them with a crime? How many know that the “war” against the south was never declared by Congress? How many know that he nationalized the railroads? Or his deportation of a sitting congressman from Ohio for opposing his war stance? How about his imprisonment of newspaper publishers who were opposed to his policies? Or his conscription of newly “freed” blacks to serve in the military against their will? Ever heard of the American Colonization Society and its aim to deport all newly freed black slaves out of the country? How about Lincoln’s statement on the proper relationship between whites and blacks?

“I have no purpose to introduce political and social equality between the white and black races. There is physical difference between the two which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality, and inasmuch as it becomes a necessity that there must be a difference, I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position.”

This is who the ignorant are defending when they attack the confederacy and support the actions of the north during the War Between the States. The mental gymnastics required to support this position cannot exist when the truth is revealed. The lie of slavery being the cause of the Civil War is easily revealed yet it is still pushed by the ignorant.

On this Memorial Day in 2017 I am amazed that some think to attack American servicemen by improperly segregating the Confederate serviceman from his rightful place in our history books. These men and women died for our country and have been since recognized as American veterans. Confederate soldiers are buried in Arlington National Cemetery. Yet here in Orlando thanks to Mayor John Dyer, “Buddy” to some, these servicemen are being ostracized by his attacks on a memorial which honors those that died in service to their country. The Mayor has being touted for the presidency of University of Central Florida. How can a person who supports the revision of history and opposes recognizing the truth about the War Between the States have any position in an educational institution? His political pandering and repudiation of the truth makes him unfit for the position. His stance on this matter will not be forgotten.

The program we see today of erasing the history of the confederacy plays into the anti-American agenda. Diverting the conversation away from the illegal war and its hostility to our Constitution is what these actions against history are based. We have people who are attacking the history, traditions and institutions of this country to subvert our way of life here in the United States. Reducing the War for Southern Independence to slavery is simplistic and false but is required to move the un-American agenda of the radical left forward. Instead of identifying Lincoln as the fraud he is, the man who trashed our Constitution and set us on the path of tyranny, many instead praise him for “ending slavery” while ignoring any of the facts of the matter. The utter void of truth that is spoken about the Confederacy and what it stood for is nothing new. Neither is the contempt of those on the radical left for destroying the freedom we enjoy in this country in the name of “progress”.

Our Constitutional Rights Under Attack in Orlando- Again!

Seems that Judge Frederick J. Lauten is no fan of the Constitution and is not a supporter of justice. On 30 December 2016, he issued an “Amended Administrative Order Governing Expressive Conduct Toward Summoned Jurors. Orange and Osceola Counties” which forbids anyone from informing potential jurors about their rights and duties as jurors. This supercedes a previous order by Judge Belvin Perry.

In an effort to “to do everything necessary to promote the prompt and efficient administration of justice” Judge Lauten seeks to “minimize activities which unreasonably disrupt, interrupt, and interfere with the fair and orderly conduct of jury trials, and the orderly and peaceable conduct of court business in a neutral forum free of actual or perceived partiality“. He further characterizes pamphlets which inform the jurors of their responsibilities as jurors as a possible violation of 918.12 of the Florida statutes- jury tampering. His line of reasoning conflates an informed juror with an attempt to tamper with a juror. Why would a judge take such an extreme stance? How can someone who is informed as to their duties and rights of a juror somehow been tampered with? Sounds to me like he prefers ignorant jurors who will perform as he wants them to perform, not as a sovereign entity that truly determines justice.

How can informing jurors of their rights and responsibilities be considered tampering? Juries are the people’s way to combat government tyranny. It is a right guaranteed to ALL Americans that whenever a criminal case or a civil case in excess of $20 is to be tried that the person has a right to trial by jury. This right is protected by the 6th and 7th Amendments to the United States Constitution. He states that “Such occurrences severely impact the court’s ability to conduct the efficient, prompt, and proper administration of justice“. How?

Juries are a huge check and balance to our justice system. The proper role of a jury is to protect people from tyrannical abuses of power by government. This is why we are guaranteed a trial by jury. The jury further is the only body who can rightfully judge a person on their guilt or innocence. Judges were never tasked with determining guilt or innocence. How can a person who works for and is paid by the system be truly impartial? The role of the judge is that of a referee in the court room insuring that justice is served, not being the instrument of said justice. This is an idea that used to be known by most but along with other civic ideas it has been flushed down the memory hole.

One of the truly egregious ideas that makes itself known in this order is the idea that someone on court “property” is somehow not protected by our Bill of Rights. “The term “courthouse complex” and any restrictions on expressive conduct contained herein shall apply to the Orange County Courthouse complex grounds, which includes the adjacent courthouse parking garage, the courthouse courtyard, and all other grounds surrounding the courthouse, from the intersection of Orange Avenue and Livingston Street, to the intersection of Livingston Street and Magnolia Avenue, to the intersection of Magnolia Avenue and Amelia Street, to the intersection of Amelia Street and Orange Avenue, to the intersection of Orange Avenue and Livingston Street. The public sidewalks that comprise the boundaries of this designated perimeter are excluded from this designation of the courthouse complex grounds.” (emphasis mine) So on “public” property it is ok to exercise your 1st Amendment rights but for some reason when one steps onto the “courthouse complex” one loses their 1st Amendment rights? And this guy is a judge?!

I wrote an article a few weeks ago detailing the arrest of Mark Schmidter and Julian Heicklen for passing out literature from the Fully Informed Jury Association. Seems that Judge Lauten is in line with Belvin Perry and is fine with restricting our rights and keeping potential jurors ignorant of why they are there and what their true duties are. He is part of the problem and needs to be opposed. The whole idea of keeping people ignorant and restricting our rights through administrative order is also repugnant. He is a judge who supposedly interested in justice. His actions and reasoning speak to another agenda however.

Nullification: A True Liberty Activity

Libertarians in Florida (and in general) need to start addressing issues that are relevant today instead of spouting off about fantasy “solutions”. Talking today about anarchy or open borders does not resonate nor is it a true path toward liberty. Both ideas represent a refusal to deal with real world problems. Neither is a solution to what faces America.

One of the topics we should be talking about is fighting unconstitutional federal laws that affect us in the state of Florida (or any other state you may reside in). This is a problem of “right now” and needs to be solved. Fortunately for us we don’t have to reinvent the wheel. This idea has already been thought about and a solution has been formulated. This is an enumerated principle of Libertarians here in Florida and is a very powerful tool to counter unconstitutional edicts, mandates or “laws” issuing from Washington DC. The process is a simple one to understand and extremely effective in its execution. The simplicity of it is what makes it so elegant.

It is called nullification. It is the idea that a state decides that the federal government is operating outside of it constitutional bounds and is infringing on the rights of its citizens. Its action is to declare the law unconstitutional, the reasons for determining this and stating that no one who works for the state or within the state may aid or in any way help this unlawful expression of power originating from Washington DC. It is an idea espoused by Thomas Jefferson and James Madison. It is the constitutionally tried and true method to fight unconstitutional tyranny issuing from Washington DC.

Before you scoff and say this can never happen realize it has happened multiple times throughout our history and is currently being revived throughout our United States. Look to Washington and Colorado. How long ago did they nullify unconstitutional federal marijuana laws and say the law shall not be enforced within their state limits? Realize, neither stated that they wanted to nor have they tried to change the federal law. What they have done is affirmed that the federal “law” is unconstitutional and not to be enforced within their borders. State agencies and law enforcement are disallowed in aiding or initiating any actions against those people who grow or sell marijuana. The state is to do NOTHING!!! How Libertarian is THAT?! You fight no one. You see unlawful aggression and say that you will not support nor participate in the activity. Without the manpower and logistic support it is almost impossible for the feds to do anything within a state. This is the power of doing nothing.

Another current trend that is not being reported or being under-reported is the “Right to Try” laws. Thirty one states to date have passed laws nullifying unconstitutional mandates of the FDA concerning human “experimentation”.  These laws allow terminally ill patients to purchase drugs that are not currently approved by the FDA. Imagine that? People who are dying have a chance to save their lives in opposition to unconstitutional laws coming out of Washington DC. Imagine also why this is not widely reported on? Imagine if the people figured out they could actually make decisions for them selves and not rely on Washington DC? Things could change for the better and some in charge would not like that.

Other additions to the modern day nullification movement involve constitutional carry. Twelve states where there is no requirements for people to obtain any type of license to carry a gun. Some states and municipalities have nullified ALPR’s (Automatic License Plate Readers) within their bounds of their jurisdictions. This interposition is of varying degrees of restrictions on their collections. Many states have taken up or passed legislation restricting the monitoring and collection of cell phone data within their states via Stingray technology.

I leave hemp for last because it is a special topic for Floridians. Six states have nullified unconstitutional federal laws in their states and now grow hemp legally. Hemp is a wonder crop that has a multitude of uses and is a great crop to rotate to replenish soil. For those who are concerned about misuse, the THC content of hemp is negligible. The use of it as a drug would not be viable. But it IS very useful for many things and is the stuff that prosperity is built upon. Growing a plant that can make rope, canvas, food, drinks, paper, fabric, clothing, building supplies ( including hemp blocks to build houses), and plastics only makes sense. Hemp is the top plant for producing the most cellulose biomass per acre which makes farmers the most money per acre. This biomass is what paper, plastics and textiles are made of. No chemicals or insecticides are needed . All of this from growing this prolific and easy to grow crop. It is not legal in Florida but the industry would thrive here in the state. Because of our weather hemp could be grown year around and be among if not define the highest cultivation rates in the United States. The industries that would be created around this production would create real business and prosperity for Floridians.  We don’t do this because the federal government says it is illegal and the people in Tallahassee have big donor support who like things the way they are. They do not want to fight. That’s where Libertarians get involved.

So you see that nullification is trending and is definitely a force for liberty. Recognize this is a universal principle that will attract many people. . Republicans, Democrats, Independents, Libertarians, Constitutionalists all would agree that determining our own path is a good thing. We will not agree once we have the power what we want to do but at least we the people of Florida decide how we want to live. That is how our country is supposed to work. Washington DC was never supposed to be tinkering with the inner workings of a state. Their focus was to be a representative of the states for the rest of the world and to make sure the states played fair with each other. The primary function of our Federal Government is to secure our rights. Patents and trademarks, weights and measures, coining money, Post offices, postal roads, raising a Navy and Army, conducting war, protecting us from invasion and guaranteeing a republican form of government round out the majority of their enumerated tasks . The rest was left up to the states and the people. Article 1 Section 8 of the Constitution describes exactly Congress’ tasks. How far away from this ideal have we wandered? That is what we fight today to realize liberty tomorrow.

It is my hope that Libertarians can coalesce and figure out as a group how to present their message to the public so we can be a viable force for liberty. The portrayal of libertarians to date has been abysmal and it is up to us to change that. The powers that be like the status quo- i.e. republicans and democrats being the only viable options. Getting behind and promoting an idea such as nullification is a short term and long term winner for libertarians. The true beauty is it is already part of our principles here in Florida. All we need are representatives and candidates who will espouse this policy. Time to get busy.