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The Penalties Are Sharp But Restricted

Posted By: Patriotlad
Date: Thursday, 16-Nov-2000 19:46:10
www.rumormill.news/5460

In Response To: DEPORTATION IN IS ORDER! (Esclarmonde)

While I tend to endorse any free and fair discussion of the original Thirteenth Amendment, in the interests of accuracy it is important to note that this "final installment" on the Bill of Rights contains both protections and prohibitions which apply to the people as citizens of their States, and of the federal union:

it does not contradict or contravene their fourth and fifth amendment rights, but rather it stipulates that the penalty for misbehaving, that is, engaging in a high crime or Misdemeanor, when it applies to Titles of Honour or foreign powers paying bribes is clearly prescribed (and is, itself, limited).

"This means simply that Al Gore, Bill Clinton, and most likely every single Congressman are NO longer Citizens of the United States since all have taken payoffs in the form of campaign
contributions from foreign governments.

"Seems to me deportation is in order."

Actually, it is worse than that for the unlucky souls who get nabbed violating this lawful article of Amendment: if, following due process, they are indicted and convicted of accepting presents, pensions or offices -- or emoluments -- without the consent of Congress (not just in the absence of a law!), they are stripped of their citizenship rights immediately. Being a part of the Bill of Rights, this amendment is both declarative and restrictive. It can be applied only as written and it cannot be appealed to any court higher than whichever court or tribunal is selected for application of this law. The person who stands convicted is reduced to the status of a legal alien resident in these United States, except that they cannot be deported if they were natural-born.

Thus, being proved guilty under this provision would require the individual in question to surrender his or her passport, give up or cancel any bonds or sureties which can only be posted by U.S. citizens, and it would invalidate their rights to run for any and all public offices -- municipal, State, federal -- they would not be denied their other rights, though. As persons who are not citizens they could still speak, write and publish freely; keep and bear arms freely, provided their misdemeanors did not result in felony convictions for perjury, or violations of the laws against espionage; collect previously earned social security benefits and buy, own and sell property, including land.

In short, the person convicted of taking foreign emoluments in violation of a constitutional guarantee of free and fair elections, or a military officer who accepts a Title of Honour from any source or claims a noble's privileges -- will be sent back to the land to earn their living by farming or timbering.

That is the genius of this penalty: it does not create yet another reason to commit political murder, and the guarantees of trial by jury, counsel, and against double jeopardy are weighted against it. But the matter of the punishment cannot be adjusted or manipulated, it cannot be appealed. It can only be removed by a presidential pardon (which is subject, similarly, to political review). No conviction like this can work an Attainder of Blood however, so a man or a woman who is judged guilty of this cannot disenfranchise their children, the minors who are in their care as wards, or diminish the value of their estate to their heirs.

Nor can Congress pass laws after the fact to redeem those who have violated this lawful article of Amendment: and neither can any State construct ex post facto legislation on the subject.

"I don't know about you, but I think it is time to take our country back. These 'goofballs' haven't bothered to go under the rule of law for 200 years."

In my estimation the marker is closer to 1850 than 1800, and a lot of people in the period from 1890 to 1990 simply never, ever heard of this amendment. That is testimony to how efficient the disinformation created by James Buchanan and his legions of Philadelphia lawyers, including associate federal judges and Roger Taney of the supreme Court, really was. They were good at masking the truth until it could be forgotten, because they were patient. The gentlemen who pioneered this historic research have labored for as much as seventeen years, against nearly impossible odds, and years worth of the cold shoulder from the mass media.

They were patient, too. The article is lawful. It was never repealed or rescinded, and it continues to give us -- as the people, the citizens -- a corrective against the kinds of extensive campaign finance abuses we have seen in recent years. And it gives us the opportunity to place confidence in our military and naval officers, knowing that those men and women who would operate as agents among our forces could, themselves, be stripped of their citizenship and made subject to all appropriate federal espionage penalties, as well. It is an awesome power, and it is regulated both politically, by granting Congress a clear power over the terms and rules covering citizenship, and by the constitutional penalty installed. Titles of Nobility and Honour are completely prohibited. All of the rest are subject to the law-making power of Congress (no impediments to "free trade" there), or to their judgement and assent on a case-by-case basis if it ever becomes necessary to examine matters in that way!

"The fact is, this is NO joke. They have broken the law. I say
we hold them to it!"

They have both dishonored their oath, if they are federal officials, officers or employees; and broken faith with their constituencies if they are State officials -- whether elected or appointed -- and in each and every case they are at the risk of losing their most fundamental asset, citizenship.

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Articles In This Thread

DEPORTATION IN IS ORDER!
Esclarmonde -- Thursday, 16-Nov-2000 18:05:47
The Penalties Are Sharp But Restricted
Patriotlad -- Thursday, 16-Nov-2000 19:46:10
How Might it be Approached?
Esclarmonde -- Thursday, 16-Nov-2000 21:57:02
Approaching By Coup De Main
Patriotlad -- Friday, 17-Nov-2000 00:17:54
Re: Approaching By Coup De Main
Esclarmonde -- Friday, 17-Nov-2000 01:27:15
"Esquires" and the Thirteenth
hobie -- Friday, 17-Nov-2000 12:21:55
Pro-slavery Lawyers, and "Esquires"
Patriotlad -- Friday, 17-Nov-2000 13:52:50
Re: Pro-slavery Lawyers, and "Esquires"
hobie -- Saturday, 18-Nov-2000 04:06:16
Speaker Of The South Carolina House
Patriotlad -- Friday, 17-Nov-2000 10:27:33
Re: Speaker Of The South Carolina House
Esclarmonde -- Friday, 17-Nov-2000 12:07:17
Publication = Ratification?
BxDanny -- Sunday, 19-Nov-2000 14:32:59
Approval = Ratification?
Patriotlad -- Sunday, 19-Nov-2000 15:39:20
Re: Publication = Ratification?
BxDanny -- Monday, 20-Nov-2000 11:05:45

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AN EXPLANATION OF THE FACTIONS