The Heinlein Doctrine

Posted: October 7th, 2012 by FreeWestRadio

from MountainGuerrilla

“I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. ” –Robert Heinlein

I was on a gun- and survival-related forum this evening, reading a stereotypical thread on “When will TSHTF.” The theories ranged from sometime in the next six months to “never!” I would argue however, and in fact do, that it’s already here. The popular conception of WROL involves bands of mutant/zombie/cannibal/biker/looter/bandits roaming the highways and by-ways, taking what they want from every passing citizen, except the heroes of the novel or daydream, who were prescient enough to spend their children’s college fund on preparedness, stockpile a bunker of goods in the hinterlands of the northern Rockies (which I really can’t begrudge, considering I moved here when I left the service because of the tactical and strategic benefits of the region myself….), and amazingly managed to get the Hell out of whatever major metropolitan urban center they lived and worked in, and traverse the continent to get there, as Rome burned around them.

 

Folks, this is idiocy. The Shit has ALREADY hit the fan. The Republic is dead, and no one is coming to help you. Let’s look at this from a novel perspective….

 

Article I, Section I of the Constitution of the United States of America:

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.

Yet today, we have appointed bureaucrats of the Executive Branch penning regulations that are enforced with the force of law. I understand that Congress arguably has the “implied” privilege of assigning functions to the executive branch to carry out in order to execute the laws that Congress makes (thus the term “executive”…..), but wherein is that equal to making up new laws?

Article I, Section VI:

“The Senators and Representatives ……shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

And still, a sitting United States Senator was detained at an airport, by employees of the TSA, presumably because he might be a “threat?” (For the record, with limited exceptions, people need to be aware that TSA screeners are NOT LE agents or officers)

Article I, Section IX:

“…No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

Yet, we have “black budgets” for agencies that “can never see the light of day,” for National Security reasons? If what those agencies are doing is for our security, how is telling us how it was used, at least in general terms, a bad thing, especially when it is SPECIFICALLY CALLED FOR, in the document that supposedly gives that government the authority it claims…….?

Article III, Section II:

“…The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”

Thus, in case anyone was having any doubts, whatsoever, the concept of military tribunals for anyone who is not a current service member, punishable under the UCMJ, is so blatantly unconstitutional that it would be almost laughable. While I personally believe these rights and protections should be extended to all human beings accused of crimes against any American, at least let’s agree that they should apply to American citizens.

Article III, Section III:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

“Oh, SNAP!” As they say these days……Guess those targeted assassinations of American citizens, even those douchebags working for AQ, are unconstitutional as all fuck, aren’t they? Hmmmm……

Article IV, Section III:

“New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress….”

Four words: “West-By-God-Virginia.”

 

 

On the Bill of Rights: I discussed this in an early article on the old site, but will re-cap here as well….(This was originally an article on why focusing on the Second Amendment is stupid. –J.M.)

Article I:

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.

 

The USA PATRIOT ACT pretty well kicked this old relic to the curb. If you had any doubts, look at the video footage of police response to the Occupy Wall Street protests, specifically in Oakland, California, and on the UC-Davis campus. I don’t care what your views are on the OWS movement. Even if you think, as I do, that they are mostly a bunch of spoiled, rotten, rich-kid, bourgeoisies socialists/communists/Marxists, as long as they are PEACEFULLY assembled, to petition the government about their grievances, they have the natural, human right to bitch and whine.

 

The typical argument I get from police officer friends that they were “breaking the law because they were on public property,” is a load of complete horseshit. What if the folks in Boston on 16DEC1773 had decided, “Well, standing on this street corner is against the law, so we’re going to just disperse like the soldiers/cops are telling us to?” To this day, particularly in regard to the O.C. attack on the protestors seated on the campus sidewalk by uniformed LEOs, I believe those students would have been completely justified, morally, in standing up and kicking the ever-loving-dogshit out of the officers doing the spraying. “The officers were in fear of their safety!” Bullshit! I’ve been in fear of my safety. I’ve seen others in fear of their safety. Those Stasi-wannabe stormtroopers were not at all in fear of their safety. They reveled in the chance to assault those “dirty, smelly, hippies,” with no threat of repercussions.

 

The pending legislation in the form of SOPA and PIPA are affronts on this amendment as well. The recent case of a judge legislating from the bench that only the “authorized” press is protected is further proof that the government no longer feels obligated to provide the protections provided by the first amendment.

 

No need to wait for the Second Amendment to disappear to watch the First Amendment go. It’s already gone.

Article II:

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.”

 

Yeah, we’re going to come back to this one. Consider this however, as you read the rest of this article….I consider the Second Amendment to be the LEAST important of the ten amendments in the BoR.

Article III:

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.”

 

Okay, so there’s ONE that they haven’t shit on yet. I’m sure it’s coming though. Besides, with all the electronic eavesdropping authorized by the USA PATRIOT ACT, who gives a shit about this one? They already know what we’re thinking.

Article IV:

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.”

 

Warrantless searches under the “Terry Frisk” doctrine; delayed notice search warrants under USA PATRIOT ACT; the NDAA 2012, and now the “Enemy Expatriation Act;” if you have any doubts about the demise of the fourth amendment, you’re a fucking retard, and need to quit reading my blog now. Still worried about the Second Amendment? Who cares if your right to keep and bear arms shall not be infringed if body-armor equipped thugs can kick in your door in the middle of the night and take the guns without even having proof “beyond a reasonable doubt” that you are going to use those guns to commit mala en se crimes? It’s pretty pointless, isn’t it? But hey, for all you NRA/Neo-Con RKBA sheep out there….remember, as long as you’ve got your second amendment rights, the Republic lives on! Dumbasses.

Article V:

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.”

 

Between the NDAA and the forthcoming “Enemy Expatriation Act,” this one is dead in the water as well. I’ve read the Constitution several times, as I worked on earning an undergrad and a post-graduate degree in American History. Treason is a capital offense, constitutionally. So, despite Mitt Romney’s protestations during the 16JAN2012 GOP primary debate in South Carolina, the NDAA provisions are blatantly unconstitutional. The mere passage and acceptance of this bill, with the relevant provisions included is a declaration of war on the Constitution.

 

When I was a young soldier and bitched about infringements on the Constitution and the need for the citizenry to be armed, my grandmother, God love her, agreed with me, but vehemently defended the belief that we must abide by the rule of law to effect changes. The rule of law no longer exists in this nation, since the very federal government that was formed by the compact between the several states is violating that contract. The forthcoming “Enemy Expatriation Act” further accelerates the war on the people of the Republic.

 

But hey, we’ve still got our second amendment rights!

Article VI:

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.”

 

You’ve got a right to a speedy trial, and to be confronted with the witnesses against you…unless some government bureaucrat or jack-booted thug in a mask decides that you are an “enemy” “terrorist.” In that case? You get grabbed out of your sleep, in your own bed, have your arms cranked behind your back and flex-cuffs slapped on, a bag thrown over your head, and shipped off to some middle eastern shit-hole to be tortured by our “allies” (for the record, I do not consider waterboarding torture.), for as long as it takes to coerce a confession out of you, even if it’s a false confession of things you never even considered.

 

That’s okay though, because you still have your second amendment rights…right? None of that other shit matters.

Article VII:

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, than according to the rules of the common law.”

 

You remember that whole trial by jury idea? It’s so 18th century! Instead, today, under the NDAA and “Enemy Expatriation Act,” if you do ever get a trial, it’s going to be by a military tribunal, with no witnesses for the defense. Oh, and you remember the whole right to counsel thing too, right? You don’t need counsel, you’re already guilty. I mean, after all, the intelligence agencies and military are never wrong, and they would not have suspected you of enemy activity if they didn’t have ample proof, right? Kind of like they KNEW there were drugs in the Stewart house in Ogden, Utah. They NEVER make mistakes and kick in the wrong door while serving a drug raid warrant! Nope, the government has NEVER made a mistake. After all, it’s the government. They know everything, about everyone. That was the point of the USA PATRIOT ACT. Well, wasn’t it?

 

But, as long as you’ve got your second amendment rights, life will continue to be a Bob Marley song…”every little t’ing…gonna be alright now….”

Article IIX:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

 

Waterboarding is not torture. I would admit however, that under the previously accepted standards of American jurisprudence, it certainly falls under the category of cruel and unusual punishments…but that’s okay, because if you’ve been accused of being a terrorist, you don’t count anyway.

 

Strapping a guy to a chair, then pepper-spraying him and repeatedly hitting him with a Taser would, at one time, have been considered cruel and unusual punishment in the United States of America. Not anymore.

 

But, well, you’ve still got your second amendment rights…right?

Article IX:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

Hey, that’s cool! The federals are still adhering to this one. I mean after all, you’ve got the right to have all of your health care needs paid for by other taxpayers; you’ve got the right to have an abortion because you’re ignorant hooker ass went and put out to some dumbass at a frat-house party and didn’t make him put a condom on; you’ve got the right to have a 72-inch television and satellite coverage, and a laptop with wi-fi internet, even though you’ve never held a job in your life and collect welfare and food-stamps to feed your eight illegitimate children. Yep, they are definitely living up to this one, so that’s cool. Hell, who needs the second amendment?

Article X:

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.

 

Who cares about states’ rights? The South fucking lost, man! Get over it, already. I mean, states’ rights are so 19th century! Everyone knows that the only people who care about states’ rights are those bigoted, primitive rednecks clinging to their guns and religion (for the record, I am, at best, a-religious, and at worst, possibly even agnostic. Oh, the terror if it!)! It’s simple logic! We only need the rights the federal government grants us.

 

Who cares if the federal government maintains “ownership” of some 75-80% of ground in the western states? It’s all about protecting those assets for the common good…well, and of course, the use of big business (I work in the mineral extraction industry, so this is a LITTLE hypocritical of me, but only a little, since it should be STATE land!). That’s cool though, because the federals can use the tax dividends from the companies to pay for more programs that “benefit” the poor, regardless of how efficient those big businesses’ accountants are at minimizing the tax liability. God bless (crony) capitalism (I’m a dyed-in-the-wool free market capitalist, but I despise crony capitalism as much as any other fascist systems)!

 

Besides, who cares about states’ rights? We’ve still, by God, got our guns, thanks to the second amendment!

So, let’s back up a minute, and look at the second amendment that the NRA is doing such as splendid job of “protecting.”

 

Article II:

 

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.”

 

While the Supreme Court of the United States has deigned to recognize the individual rights view of this amendment in the last several years, it was at best, half-assed. Basically, while you have an individual right to own firearms, the local governments can still subject you to “reasonable” restrictions, regardless of how unreasonable you feel those restrictions are.

 

Despite the idea, verbalized by that same Supreme Court in U.S. v. Miller, that the entire point of the second amendment was to protect the right of the citizenry to possess and use military-type weapons suitable for militia duty, you cannot manufacture or own a NEW automatic weapon in the United States today. If you want an OLD one, you’ll pay a ridiculously exorbitant price due to the artificially, government-imposed lack of supply. Free market capitalism and the rights of the people to defend themselves from tyranny? Fuck the people!

 

As far as that goes, your right to BEAR arms is infringed upon daily in all but four states: Vermont, Alaska, Arizona, and Wyoming. Everywhere else, if you want to carry your weapon, concealed on your person (you know, where it might actually be useful?), you have to ask your betters for a permission slip first (Do NOT give me that “I live in a ‘shall-issue’ state!” horseshit! If you do, and I ever meet you in person, I will probably throat punch you in an effort to kill you, thus cleansing the gene pool of your stupidity. A permit, by definition is “permission.” You ASK for permission.). Of course, if you live in Illinois? You want the right to carry a gun? You don’t have any right to carry a gun! Fuck your permit idea!

 

Yeah, so that whole, “we’ve got to elect a GOP candidate to the presidency” because Obama is going to take our gun rights away? At this point in my life, I will say, and stand by the statement, that if you use that line, you are a fucking retard, and don’t deserve any firearms. In fact, you should probably get rid of any firearms that you do own, before you hurt yourself.

 

I’ve had two conversations in recent months, with friends who happen to be LEO (I don’t have “cop friends.” I have friends who happen to be cops.), on the fact that they are violating their oaths (both are .mil veterans as well) every-single-day. Both agreed, but gave me the “what’s a guy gonna do” shrug. My response to both was either A) quit and get a real job, or B) continue, but acknowledge the truth (both are relatively right-minded anyway), and start preparing to hand over information.

 

Folks, the Republic is DEAD. Shot in the face, at contact range, with a 12-gauge load of OO Buckshot, DRT (dead right there). No one in the government gives two shits about a two-hundred year-old piece of parchment written by a bunch of rich, white guys who owned slaves. Accept it, and drive the fuck on. Prepare to protect YOUR family, YOUR community, and YOUR natural, God-given, inalienable rights.

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