The Normalcy of American Rebelliousness
by Mary W Maxwell, PhD, LLB

We Americans are in a rather delicate period at the moment. Today is December 1, 2024. The "general election" for a US president took place on November 5, but until the Electors meet in their state's Electoral College on December 16, no man or woman has actually sealed the deal.

Meanwhile as we wait, not only for the Electors to do their thing on December 16, but for Congress to do its thing on January 6, changes in the current White House could take place. The current president, Joe Biden, could die or resign, in which case the Vice President, Kamala Harris, would become president. If it is Kamala who dies first, Biden has the right to nominate a successor VP, but with little time left before the January Inauguration, the position would probably be left vacant.

There is also the possibility that "Amendment 25" would be invoked, claiming that Biden is too disabled to continue. He could be replaced by his VP. (Kamala once took the position of "Acting President " for two days, while Biden underwent an anesthetized medical procedure, but here she would become the real President.) Same thing if a really quick impeachment of Biden (and conviction by the Senate) takes place soon; the VP ascends that very day.

I should mention that if Biden and Harris both died, the proper Order of Succession would come into play, right up until noon on January 20, 2025. The Speaker of the House has first dibs on the big job, then the President pro tempore of the Senate, then members of Cabinet in the order of which their positions were historically created, starting with Secretary of State.

So Don't Be Nervous

The Framers of the US Constitution quite thoughtfully worked out ways to prepare for all contingencies. Later, by amendments, other foreseeable problems were catered for. For instance, if, on January 6, 2025, the Electoral College ballots lead to a winner (say, Trump), and that person then dies or quits before the January 20 Inauguration, the newly elected Vice President (say, Vance) becomes President on January 20. Sensible, right?

So why do we hear that there might be a civil war? It's a good guess that some violence is being planned. Just like the entire "January 6 affair" of 2021 it may be a set-up, a psy-op, to create the media story that one group of Americans wants to eliminate another. The entire visual of people climbing walls (quite unnecessarily; stairs were available) and breaking windows (when doors were available) gives the game away. TV audiences were to be left with the impression that somebody wanted to "overthrow the government." Oh dear, dear, how frightening.

If anything came of "J6", it was the display of the Department of Justice's own lack of Rule of Law. Many persons were arrested and kept in bad conditions, to then be offered a plea deal, which most took, in order to escape this injustice. The definition of "overthrowing the government" did not get aired.

Is It OK To Rebel?

I want to make the point that rebelling is a normal American response when the government is not behaving according to law. But I am not referring to "J6". As far as I can tell, that was not a rebellion, it was only a demonstration. Citizens who knew that the 2020 election had major dishonesty were trying to be patriotic by making a trip to Washington, DC on the day that the Electoral ballots were to be counted.

Most did not know that the proper procedure for Congress is written in law, with time to be allotted for any objections to be raised. The fracas that began around 1:30pm caused Congress to adjourn till 8:00pm. When their session resumed, these legislators did debate the merits of some disputed ballots, but ended the night (actually around 2:00am) having accepted all the Electors' ballots.

It is unfortunate that our legislators usually act partisan-ly, as if it might kill them to cross the floor occasionally on a point of principle. But they did follow the book on January 6, so that's that.

As for the Judicial Branch of the federal government, the judges totally disgraced themselves by refusing, during November and December 2020, to adjudicate the relevant lawsuits, such as those filed by Sidney Powell. (We don't hear from her lately because she is under a gag order. Incredible!)

In general, it was right for people to protest what looked like a stolen election. Suppose that a billionaire, Mr John Smith, had arranged everything to put his son Harvey into the presidency. He paid all media to shut up about this. But word got around. So folks tried to talk to their legislators, prosecutors, county commissioners, whatever -- to no avail. Should they say, "Oh well, we tried, but money wins"? No. That's the way we talk nowadays, but we shouldn't. It's unpatriotic.

Common sense, or common mathematics, tell us that when all three branches of government are lawless, somebody in the citizenry has to "take the law into his own hands." In fact, I know how to do this myself and it is disgusting that I stayed on the sidelines and did not tell people what to do, back then.

So What To Do?

Let's look at textbook history (hoping it is accurate). There were fewer than a million colonists in 1775; they had come to America from England, starting in 1607, during the Stuart monarchy. The first colony, Jamestown, was named after King James, of course.

By the time George III ascended the throne in 1760, at age 22, the colonists, perhaps largely thanks to religion, had become, how shall we say, self-confident. By 1775 they were saying amazing things like "No taxation without representation." They started a bit of shooting, too, against the Redcoats (the British troops).

By 1776, they made a declaration: "Bye-bye, George." Yanks think it was very original, but it appears to have been copied from a Dutch 1581 declaration of independence of the Netherlands from King Philip of Spain. Herewith a passage from the United States' version, dated July 4, 1776. No school kid should ever be threatened with so much as a demerit for mouthing it:

In 1776, our Declaration of Independence said:
"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. ..."

Meanwhile, Article 10 of New Hampshire's Bill of Rights says:
"Government being instituted ... not for the private interest ... of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."

In the Barnette case of 1943, which had to do with Jehovah's Witness children not wanting to salute the flag in a West Virginia school, Justice Jackson wrote:

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. ... We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here [in the US] is to be controlled by public opinion, not public opinion by authority...."

Whew!

(By the way, see my 2023 book, "Society Is the Authority," concerning child-trafficking by government in Australia.)

Can You Use Violence?

I noted in a newspaper last week, a case of criminality of a person who said on the Internet that he was going to kill somebody-or-other. Or was at least thinking about it. Betcha the case is meant to be a general warning from media that no American should think about the aforementioned historical items. "Don't hold your government accountable, you miserable little squirts."

This is not to say that I encourage attacking government officials violently. The reason that I encourage you to NOT get all gunnish, is the practical fact that guns are very unlikely to bring the desired result. This ain't no 1776. Our bosses now have drones, lasers, full surveillance of your private parts, and so forth. (Frankly, though, anger has its place and may be admired.)

I said above that I knew what to do in 2020 about the stolen election. I also know what to do about the wrongful actions of the medical "officials" during Covid. Heck, I even know what to do about Our Boys being sent off to illegal wars. The following are ways for citizens to apply the law:

First and foremost, know that it is your duty to help the nation. Then look at legal precedents and statutes. The main writer on this subject was William Blackstone whose "Commentaries on the Laws of England, Vol 4, Crimes against Justice," was a best-seller in the American colonies when it came off the press in 1769. (Fads come and go.)

1. Citizen's arrest is legal. You can do it if you have seen someone commit a felony, or know that she is about to do so, and police are not on the job. She might sue you later, but you will win if you did the right thing -- which is to tell her why you are citizen-arresting her and to phone the cops after you have the person in custody.

2. Apply the law of outlawry (unless your state has repealed this common law action). A person, such as Merrick Garland in my opinion, who is beyond the reach of the law, can be declared an outlaw. You not only have a duty to chase him down, you are punishable for feeding him or giving him harbor. (I wonder if all wealthy people today are beyond the law -- that is, cops won't arrest them.) The relevant law maxim is: Extra legem positus est civiliter mortuus. -- "One beyond the pale of the law is civilly dead." Clever, eh?

3. Nullify a law when you are on a jury, if you see that the accused is being wrongly charged or if the law is unconstitutional. Use the brain God gave you. Find him "not guilty." In the US, nullification is legal.

4. Form a Truth Commission to allow people to come to your house or meeting place and air their grievances. This is like what Reiner Fuellmich started to do, concerning the medical crimes of the pandemic. (But he is now in jail in Germany for his trouble, albeit charged with an unrelated financial sin.) He called his project a "Grand Jury" and named it "Nuremberg 2."

5. Create a proper, citizen-led Grand Jury. (Fuellmich was not following American law. In US, a grand jury must operate secretly.) You can decide who is a suspect, and call witnesses to testify against him, but not reveal this to the public. The suspect has no due-process rights at this stage. The Grand Jury (up to 23 members) can then write a True Bill or Indictment and hand it to government saying "We want him prosecuted."

6. Understand what the Constitution says about treason. Treason occurs when various jerks "levy war" on their own people (or help outsiders do the dirty). I think it is better to charge a vax-mandating member of government with a lesser crime such as assault. Still, keep in mind what treason is and let him know he is getting off easy, as assault will only put him in prison while treason invites the noose.

7. What about militias? It's perfectly legal to organize and participate in a private militia (provided you do not parade in what looks like an official uniform). Can the militia members own guns? Look, if your civics teacher failed to provide you with the correct answer (Yes, yes!), you should think about suing her. The Second Amendment says "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." (Try diagramming that sentence!)

8. What about mutiny? Ordered to commit illegal acts, soldiers can lay down their arms. Note: the judges of the US Court of Military Appeals in 1973, regarding Lt. Calley's shooting of civilians in My Lai, wrote: "For 100 years, it has been a settled rule of American law that even in war the summary killing of an enemy, who has submitted to, and is under, effective physical control, is murder."

The foregoing list is not exhaustive. See Chapter 20 of my 2015 book "Fraud Upon the Court."

As I said above: First, know that it is your duty, as a member of society, to help the nation. Second, which is the same as the first: know that you must not tolerate an unlawful government. So get out there and fight them with all legal means.

Quoting again from a US Supreme Court ruling in 1943: "Authority here is to be controlled by public opinion, not public opinion by authority...."

America the beautiful!

Citizens, I will be watching your progress. If nothing works, then maybe do a second revolutionary war. You could start at the village green in Lexington....

-- Mary Maxwell's website is www.ConstitutionAndTruth.com