Published on July 07th, 2021
Throughout last year we repeatedly spoke about the freedoms that Americans enjoy every day. We spoke about the need for individuals to not only express their freedoms but to be prepared to fight for them if necessary. No, not like those freaks did on January 6th of this year, but pay attention to the voting booths, and the proposed ordnance’s and laws that are up for a vote. To be a civilized society, we must each endeavor to be respectful of the rules governing society. Unlike the clowns of early January 2021, we need to have order and discussion. That is how a society works. There are rules, and the idea that we trample others’ rights in the demand for our own is a definite path to anarchy and societal collapse.
Greetings to all my friends (both new and old), to my wonderful family, my fellow Alaskans, and my fellow Americans, wherever you are. Welcome to the Alaska Outlaw podcast, I am the Alaska Outlaw, thank you so much for joining me today. Today, I want to have that discussion about our freedoms guaranteed to us as Americans. I have no desire to get into a legal debate with anyone, and there may be manipulations to these on a state-by-state basis. Before we go after our lawmakers let’s take a minute to investigate the laws of your location. Remember cities may be different from counties, which may be different from states, which all may differ from federal law.
But, before we get after it today, I’d like to make sure that, for those of you who seek peace and harmony or help in making sense of life, be sure to check out the Alaska Outlaw Forn-sidr podcast at http://forn-sidr.akoutlaw.com. After 30 years of spiritual searching and discovery, I have arrived home. Home to the ideology of my ancestors. Home of a proud Germanic-Dane heritage. Some good stuff for you there. Also, another second just to give a shout-out for our sponsors and affiliates:
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So, we started to identify laws and ordnance based on their scope. Federal law or national laws are broader in their context, and many of these are guaranteed to all Americans. Well, unless you fuck it up by obtaining a felony conviction. There are other situations that may also get some rights stripped away, so educate yourself before doing anything really stupid.
The first set of federal laws are the rights covered in the American Bill of Rights. These are the first 10 amendments to the constitution.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, then according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
1795 |
Suits Against a State |
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1804 |
Election of President and Vice-President |
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1865 |
Abolition of Slavery and Involuntary Servitude |
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1868 |
Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts |
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1870 |
Voting Rights |
|
1913 |
Federal Income Tax |
|
1913 |
Popular Election of Senators |
|
1919 |
Prohibition |
|
1920 |
Women’s Right to Vote |
|
1933 |
Commencement of Presidential Term and Succession |
|
1933 |
Repeal of 18th Amendment (Prohibition) |
|
1951 |
Two-Term Limitation on President |
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1961 |
District of Columbia Presidential Vote |
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1964 |
Abolition of Poll Tax Requirement in Federal Elections |
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1967 |
Presidential Vacancy, Disability, and Inability |
|
1971 |
Right to Vote at Age 18 |
|
1992 |
Congressional Compensation |
So, if you’re not aware, those would the inalienable rights that are always brought up in freedom conversations. However, what I get the feeling that many are missing is the contrast between person A’s rights and person B’s rights. Where do the boundaries of one’s rights extend? As an example, if I were to strike someone, that would violate his rights. Right? The one that talks about the right to pursue happiness. Not to mention assault, but merely a violation of his right to his happiness. But, my happiness includes smacking this idiot in the face. What about my right? His right to be free of the pain that I may cause him trumps my right to feel relief from stupidity.
What about the idiots that felt the need to storm the capital back in January? Where did their right to expressing their grievances end, and the need to prosecute begin? Had there not been some instigators within the group, we would have seen a very different event unfold. While they had every right to peacefully protest. Breaking down barriers and assaulting police officers was certainly not the answer. A high school civics class could have nipped this in the ass, but alas, no one wants to fund things like education.
Remember, we talked about the weasel clause? States, counties, and cities/towns can drill down even further than federal law does. Their objective is the micro organization, and not the macro, like the feds. The unfortunate reality of the world we live in says that have been millions of stupid people before us, and they have been instrumental in providing assistance to writing further clarity into the prosecution. Very much like saying;
- The Bible says “thou shall not kill”
- The feds may a law about murder.
- States further define levels of murder.
- Counties have addition micro pieces to the murder charge
- Cities/towns drill down even further to the smallest definition.
When we talk about society, these are the guidelines that we are speaking of. I can say without reservation that there are many individuals throughout this country who just don’t seem to understand this. However, I’d say that there are just as many who are constantly on the hunt for violations and can usually find them. This second ground is individuals from groups like the defense attorneys who find the gaps in legal protections and exploit them, forcing micro laws to be constantly developed, and then modified.
With all that said, what real freedoms do we have as Americans? We enjoy a metric shit ton. Our pursuit of life, liberty, and happiness is challenged most often by others exercising their freedoms. That’s where the need for neighborly negotiations, and that’s where this idea of a society begins to unravel. With individuals not interested in compromise, you find the community crumbling as neighbors begin to retreat into their own circle, excluding others to the detriment of the social fabric that holds us together. Those people are more interested in their freedoms, to the exclusion of all else, thereby fracturing the community and society as a whole. So, the answer to the question asked ultimately, our freedoms lie in our ability to keep the fabric of our communities together.
What isn’t guaranteed by the Constitution? Actually, there is much more “not protected” than it is protected. The first one that comes up is the whole idea behind the recent public health crisis where individuals claimed that being forced to wear a “mask in public” violated their constitutional rights, I’m here to break it to you, nope, no protections against what the cities/counties or states may dictate as a public health protective mandate. During the influenza pandemic of the early 1900s, many courts rule against the individual issue, typically ruling on the side of public health and allowing the forced mandates of mask-wearing. It was and has been about saving lives, so the logic has always fallen down on the side of public health and benefit. Your right to “life, liberty, and pursuit of happiness” supposedly is more of the “idea” behind the law, however, it stops short when balancing the public.
Several years ago the (then) President of the State legislature (from my district) and I had a difference of opinion when we debated the legal ramifications I had as a homeowner from “door knockers” walking right up on my porch, across my front yard, even though I have a sign that reads “no soliciting” and “no trespassing”. His claim was that the public was free to walk on any part of my yard unsecured by a fence or gated area, whereas I had a pollster just walk across the yard, not caring about anything in his way from one house to the next. He (the politician/lawyer) said I would be found guilty if I engaged in aggressive behavior toward this individual trapesing through my yard. So, when considering our options as to our rights living here in the US, think about your guaranteed freedoms stops just short of the public benefit. So, I guess this is something to consider when thinking about what life would be like given (even) a temporary societal implosion… Good luck with that.
As always my friends, I am humbled that you have taken the time to spend with us. I hope I have given you some food for thought that you consider what your entitled rights will be given a catastrophic disaster. By focusing our energies and resources on the basic principles of survival, we can better set up ourselves for success. Remember, be safe out there, keep your head on a swivel…. Peace.