Date: Fri, 15 Jun 2001 22:12:15 -0700
From: drray11@usa.net ("Ray Price")
Subject: [lpaz-discuss] Compilation - Grassroots Plan (in Tennessee} to Restore Lawful/Constitutional Government
To: bill@slaforfreedom.org ("Lynch, Bill"), nick@slaforfreedom.org ("Damask, Nicholas")
Cc: lpaz-discuss@yahoogroups.com, lpaz-discuss@yahoogroups.com, drray11@usa.net ("Ray Price")
Reply-To: lpaz-discuss@yahoogroups.com
To: Bill and Nick: A compilation of documents from Mark Gilmore is
copied below. Mark is conducting a grassroots effort to Restore
Lawful/Constitutional Government in Tennessee. You may find it
interesting reading. Direct contact between you and Gilmore may
also be useful and beneficial to all of us.
Ray Price
Liberty Love
####################### COPY #########################
"A man who has nothing for which he is willing to fight, nothing which
is more important than his own personal safety, is a miserable
creature and has no chance of being free unless made and kept so by
the exertions of better men than himself." JOHN STUART MILL
"The strength of the Constitution lies entirely in the determination
of each citizen to defend it. Only if every single citizen feels duty
bound to do his share in this defense are the constitutional rights
secure." ALBERT EINSTEIN
A Grassroots Plan To Restore Lawful/Constitutional Government
Fellow Americans,
Our founding fathers wisely saw to it that every elected official in
this country swears to "support the Constitution". Obviously, the
great majority of our federal "representatives" are outright liars (at
a minimum), as they frequently ignore, violate, and/or undermine the
very laws which they swore to uphold. However, such corruption is not
as common to our local representatives (our neighbors whom we can look
in the eye). Therefore, I believe that the only hope we have of
restoring the rule of law at the federal level is thru local/
grassroots efforts. So I am calling on all concerned Americans to
attend your local County Commission meetings, point out the numerous
instances in which the Constitution is being violated, and
respectfully request that they address these vio- lations in some
manner (as required by their oath of office).
I would recommend that the Commissions form a permanent committee of
selected Commissioners and concerned citizens for the purpose of
identifying and addressing current and pending Constitutional
violations. They should also encourage other Counties within their
State to do the same, with the intent of eventually forming a
State-wide association of these committees, so as to share resources
and information, and to have a greater influence with State and
federal representatives. This would have an enormous effect if it were
to occur throughout the country.
Possible goals could be to:
Implement a policy whereby the State and/or County will no longer take
part in, nor be accomplices to, any unlawful federal meddling into
matters which are rightfully those of your State, County, and/or
people.
Serve notice to all State public servants (local, state, & federal)
that they will be subject to removal and incarceration should they
knowingly sup- port unconstitutional legislation and/or activities, as
such support would constitute a direct violation of the Supreme Law of
the Land, their oath of office, and the people's trust. Note that we
can never hope to pre- serve our liberties if the Constitution may be
undermined with impunity.
Remember that untold thousands have sacrificed their lives, limbs, and
property so that we might be free. The least we can do is to attend a
few air-conditioned meetings and risk the chance of being snickered
at.
The following materials document my experiences with the Tennessee
McMinn County Commission (in chronological order). As I was hope-
lessly outnumbered by arrogant men of questionable honor, I failed in
my attempt - But AT LEAST I TRIED. And many will succeed, especially
if we can learn from each other's experiences. So please share yours
with me (mgilmore@usit.net), so that they may be included on this
site.
Note to McMinn County residents: Our County Clerk keeps audio re--
cordings of all County Commission meetings. Please don't take my word
for any of the following - visit the courthouse and listen for
yourself.
Summary of my speech to the TN McMinn County Commission on 1/18/99
FAX to County Attorney on 1/19/99
Info packet letter (sent to all attendies for meting of 2/9/99)
Letter to U.S. Rep Zack Wamp
Georgia's 10th Amendment Resolution
Colorado's 10th Amendment Resolution
2/15/99 meeting notes
Info packet letter (sent to all attendees for meeting of 3/15/99)
Unsent letter (included for reference)
-----
Summary of my speech to the TN McMinn County Com- mission on 1/18/99:
Our founding fathers wisely saw to it that every public servant
(local, state, and federal) be obliged to swear an oath by which they
would support the Constitution. The tenth amendment limits the federal
govt ONLY to those powers which are specifically enumerated in the
Consti- tution, reserving all other powers to the states and/or the
people.
But congress and the executive branch apparently no longer care to
abide by the 10th amendment, in violation of their oaths and the
Supreme Law of the Land: Wit- ness federal meddling in health care,
education, drug wars, tobacco wars, welfare, gun control, hate crimes,
etc. These matters are rightfully and lawfully those of our state, our
county, and/or we as individuals. Whether or not one supports these
efforts is irrelevant. If we wish federal involvement in these
matters, then there is an honorable and lawful way of doing so which
does NOT undermine the rule of law - it's called a Constitutional
amendment.
The Constitution is the contract between ourselves and those we elect
to govern. If we wish to maintain an civil/orderly society, then
contracts and oaths must be honored, especially by those in positions
of power.
Yet today, we find ourselves in a situation where those who make and
enforce laws for we the people, are ig- noring the laws which we the
people have made for them. If this trend is not reversed, our state
and local governments (including this very body) will eventually
devolve into mere subdivisions of the federal govt (if that).
Our State Constitution accurately characterizes those who would
willingly acquiesce to arbitrary powers. Quoting from SECTION 2,
ARTICLE I in the DECLAR- ATION OF RIGHTS:
"That government being instituted for the common bene- fit, the
doctrine of non-resistance against arbitrary power and oppression is
absurd, slavish, and destructive of the good and happiness of
mankind."
Now everyone here swore to support both the US & TN Constitutions. And
given that the U.S. Constitution is under assault on numerous fronts,
it is very much in need of our support. So I come here tonight to ask
that you form a committee, for the purpose of determining the most
effective means by which the commission can meet it's obligation. I
would hope that you consider this task to be an honor versus a burden.
[Note: After I finished speaking, one Commissioner arrogantly claimed
not to understand what I was saying (did you find this speech hard to
understand ?). Another questioned my "interpretation" of the
Constitution (I addressed this comment in the letter for the next
meeting). After various other rude comments, I left, promising to
return.]
FAX to County Attorney on 1/19/99 (no response received):
To: County Attorney From: Mark Gilmore 1/19/98
Good afternoon Sir,
Per the questions raised at the County Commission meeting of
1/18/98, I respectfully request the following clarifications:
1) As our County Attorney, is it your legal opinion that the oath to
"support the Constitution" in effect means only to "abide by the
Constitution", and so does NOT oblige our Commissioners to respond
to violations of same, if committed by "external" govt agencies ? If
so, might I inquire as to your reasoning and/or references used in
reaching this conclusion ?
My humble reasoning is that it DOES oblige them to do so, given
that "support" means to "uphold" (as in "uphold the law") -
"Common sense" would dictate that one cannot "uphold the law" while
concurrently permitting violations, regardless of the
perpetrator(s). It is also my strong belief that this interpretation
is what was intended by the framers, though I have no specific
evidence to support this claim.
2) As one Commissioner seemed to question my interpretation of the
10th Amendment: Are we in agreement that this Amendment does in
fact limit the Federal govt only to those powers enumerated in the
Constitution ?
NOTE: I would define a "power" in this context as a right by which
a govt authority may legally impinge upon the liberty, property, or
person of an American citizen.
3) Regarding specific violations of the 10th Amendment (as requested
by another Commissioner): Would you agree that ALL federal drug and
gun-control laws which are NOT related to interstate commerce would be
violations ?
I note that Prohibition was PROPERLY/LAWFULLY authorized via the
18th Amendment. Yet, no such authority was ever granted for the "drug
war". And given that BRADY I was ruled unconstitutional on 10th
Amendment grounds, I can see no reason why BRADY II will not suffer
the same fate for the same reason (once challenged).
A timely response would be greatly appreciated, via your choice of
mail, email, phone, or FAX. Note: If your secretary wishes to FAX me,
she may need to call first, so that I might free up the line.
Thank you for your time and effort,
Mark Gilmore mgilmore@usit.net
-----
Info packet letter (sent to all attendies for meeting of 2/9/99):
Dear McMinn County Commissioners, 2/9/99
Regarding your oaths to "support the Constitution":
As there appears to be differing opinions regarding the meaning of
this oath and the obligations it entails, I respectfully request that
these differences be aired and discussed, so that a formal consensus
may be reached, and any ambiguity be eliminated. Specifically, there
should be no ambiguity as to whether the Commission is obliged help
guard against Constitutional violations by State or Federal
authorities. I am not well qualified to suggest what form such a
response might take, but I would think that letters of protest and/or
petitions to our State and/or Federal representatives would be
possible options.
NOTE: I have requested clarification of the oath from our County,
District, and State attorneys, which I have yet to receive at the time
of this writing.
Regarding my "interpretation" of the 10th Amendment: The meaning of
this Amendment (quoted below) is quite unambiguous, and so is
thankfully NOT subject to rein- terpretations by those who would
mischaracterize the framer's intent - It CLEARLY limits the federal
govern- ment ONLY to those powers enumerated in the Consti- tution. To
any who would claim that the govt is NOT in
violation of the 10th Amendment, I would ask to be shown those
sections of the Constitution which author- ize federal involvement in
the following:
Health care
Education
Drug laws
Welfare
"Hate" crimes
Gun control
The "Know Your Customer" program (FDIC mandate)
The collection of personal medical records (planned by DHHS)
The "standardization" of driver's licenses for use as National ID
Cards (DOT mandate)
---- 10TH AMENDMENT, US CONSTITUTION:
"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."
----- ARTICLE I, DECLARATION OF RIGHTS, TN CONSTITUTION:
"Sec. 2. That government being instituted for the common benefit,
the doctrine of non-resistance against arbitrary power and oppression
is absurd, slavish, and destructive of the good and happiness of
mankind."
Regards,
Mark Gilmore mgilmore@usit.net
Dear Rep. Wamp 12/14/98
It is blatantly obvious that Congress no longer cares to abide by the
Supreme Law of the Land, as 10th Amendment violations abound. Witness
federal meddling in health care, education, "drug wars", gun control,
teen smoking, etc. Probable future violations will include the FDIC's
"Know Your Customer" program, the collection of personal medical
records by the DHHS (per a recent "White Paper" issued by same), and
the "conversion" of our drivers's licenses into national ID cards (per
recent DOT licensing mandates). Such powers are NOT authorized by the
Constitution, and so constitute direct violations of the 10th
Amendment.
It strikes me as a VERY dangerous situation when a government which
makes laws for the people IGNORES those laws which the people have
made for the government.
Most Congressmen apparently remember their oath as follows:
"I swear to preserve, protect, and defend the Constitution, UNLESS:
o It has been violated for years
o Uneducated people call me names
o My peers don't support the effort
o It will risk my "political viability"
But I happen to know that the oath contains no qualifiers (and God
probably knows this as well :-)).
The Constitution is the ultimate "contract" between we the people and
those we elect to govern. Untold thousands have given life, limb, and
property for that contract. But it appears that our generation may
arrogantly discrace their memory by abandoning the Constitution,
leaving our children a tyranical world in which neither contracts NOR
oaths need be honored by those with the most guns.
Note that the restoration of the rule of law is NOT a "political
agenda" (unless you happen to be an anarchist or a fascist).
Regardless of our political persuasions, the rule of law is critical
to the maintenance of an orderly society. Be we liberal or
conservative, there is NO EXCUSE for willfully violating a contract,
ESPECIALLY when that contract is the ultimate guarantor of our
liberties. If one desires federal involvement in education/
health-care/etc, there is an honorable and LAWFUL way of bringing it
about - one AMENDS THE CONTRACT (as was done for Prohibition and the
Civil Rights Act).
That said, I wish to you know if you have any speciic plans to help
restore the rule of law at the federal level, including a strict
adherance to the 10th Amendment. If not, would this not be a good time
to formulate such plans ? Are your other efforts of greater importance
? Unlike myself (a lone citizen), you are in a position of influence.
And though you would be greatly outnumbered by men of questionable
honor, the facts and the law would be on YOUR side. THIS IS NOT A
GAME - If we fail, our descendants will curse our apathy. PLEASE RISE
TO THE TASK.
Thank you.
Mark Gilmore
-
[Georgia's 10th Amendment Resolution (linked to save space)]
-----
[Colorado's 10th Amendment Resolution (linked to save space)]
-----
2/15/99 meeting:
I appeared at the meeting, and asked if the County At- torney had
reached any conclusions regading my FAX. He had "no comment". The
chairman then claimed that "support" differed from "enforce". But
before I could challenge that assertion, I was cut off based on a
false assertion (addressed in 3/15/99 letter). Note: In this context,
"support" DOES equate to "enforce" (at a minimum).
-----
Info packet letter (sent to all attendees for meeting of 3/15/99):
To: McMinn County Commission From: Mark Gilmore 3/15/99
Commissioners,
Having failed numerou attempts to get the Commis- sion to address
issues which concern me, I see little point in continuing my efforts,
as they would obviously be unproductive. However, I wish to clarify a
few points (for the record):
o REGARDING MY FAX TO THE COUNTY ATTORNEY:
This correspondence was very politely worded and asked 3
simple/direct questions relevant to the previous meeting. His lack of
any response to me personally, as well as his "no comment" was a
predictable continuation of the conduct that I have come to expect
from our County Attorney (and which is difficult to characterize
politely). He apparently intended to convey the impres- sion that my
questions were "not worthy" of an answer.
This was most convenient, as truthful answers would have further
validated my positions.
o REGARDING MY REQUEST FOR AN AGENDA ITEM TO CLARIFY THE MEANING OF
THE OATH: Exhibiting the same manners as the attorney, the Com-
mission simply ignored my request.
o REGARDING THE MEANING OF THE OATH (to "support the Constitution"):
I will no longer feign respect for this "Clinton-esque" argument
over the meaning of the word "support". Granted, I cannot PROVE what
was intended by the word, just as I cannot PROVE what they meant by
the words "HONOR" and "DUTY". But WE ALL KNOW WHAT THEY MEANT. Quoting
Thomas Jefferson:
"On every question of construction, let us carry ourselves back
to the time when the Constitution was adopted, recollect the
spirit manifested in the debates, and instead of trying what
meaning may be squeezed out of the text, or invented against
it, conform to the probable one in which it was passed.".
While there may be differences of opinion regarding the specifics
of HOW the Constitution can best be upheld, one thing is obvious:
NO PUBLIC SERVANT CAN SINCERELY CLAIM TO BE "SUPPORTING THE
CONSTITUTION", WHILE CONCURRENTLY IGNORING VIOLATIONS WITHIN THEIR
VERY JURISDICTION. And to take such a position so as to evade one's
sworn obligations shames the memory of who those sacrificed life,
limb, and property in defense our liberties. Could the framers have
envisioned the apathetic character of today's public servants, they
would have no doubt been much more explicit in their wording.
Can anyone honestly question what position the framers would have
taken in this matter ? If anything, they would have considered federal
violations to be of the highest priority, as they would pose the
greatest threat to our liberties. And they would never have demanded
that the explicit meaning of their oaths be legally proven in order to
meet their obligations. Nor would they have hidden behind
"jurisdictional" arguments. They considered the defense of the
Constitution to be an HONOR, NOT a burden.
And note that I am HARDLY asking that the Commission "take on" the
federal government, but only that it formally acknowledge these
violations and respond to them as IT deems appropriate - just as some
20 States have introduced and/or passed 10th Amendment resolutions in
attempts to address this very issue.
Our liberties do NOT rise with the sun every morning. They will NOT
be preserved by simply voting, complaining, and watching "the game".
Their preservation requires knowledge, WORK, and "eternal vigilance"
(this is not just a quaint phrase of days gone by). If we no longer
have a sufficient number of Americans with enough backbone to demand
strict adherance to the Constitution, then our flag is but a piece of
cloth, and we are just another mediocre nation in decline. Ours could
be the generations that history will condemn, for without so much as a
wimper, we seem content to gradually discard what so many have died
for.
NOTE: I previously raised concerns over the FDIC's proposed "Know
Your Customer Program". But in response to some 250 THOUSAND
complaints, this Orwellian plan has been WITHDRAWN. In this case (as
with so many others), it was the INFORMED CITIZEN that was left to do
the job that our "representatives" had sworn to do.
o REGARDING THE "POINT OF ORDER", WHEREBY I WAS SILENCED:
A Commissioner stated that I had spoken on "this topic" many times
prior, and so succeeded in cutting me off based on this premise.
However, I had briefly spoken on Constitutional issues only ONCE in
the previous meeting. [Note: I had last spoke to the Commission in
1997, failing in my attempt to get them to appropriately address US
Code Title 50/Section 1520, which was later repealed via Title
50/Section 1520a)]. So this Commissioner had apparently heard and/or
read very little of anything I had ever presented. But though most
were fully aware of the truth, no one cared to voice it. Nor was I
allowed to do so. Thus, the Commission conveniently precluded a
fair/open debate of the facts.
In summation:
1) The 10th amendment limits the federal government ONLY to those
powers enumerated in the Constitution.
2) Numerous powers assumed by the federal government are NOT
authorized by the Constitution, and are therefore direct violations of
the Supreme Law of the Land.
3) These violations are prime examples of "arbitrary powers", as
specifically addressed in the TN Consti- tution: "... the doctrine of
non-resistance against arbi- trary power and oppression is absurd,
slavish, and de- structive of the good and happiness of mankind."
4) In failing to address numerous 10th Amendment violations in ANY
manner, the Commission has also failed in its obligation to support
the U.S. & TN Constitutions.
THESE ARE THE FACTS. The Commission can dismiss them, ignore them,
or deny them. It can snipe at the "messenger" by questioning my
sources, my "inter- pretations", my sanity, and/or my motives. It can
silence me with "points of order". But neither the Commission, nor
its attorney (nor a BATTERY of attorneys) can PROVE ME WRONG.
If any think otherwise, then notify me and I will gladly attend the
next meeting, where the obvious errors in my facts and/or reasoning
may be exposed for all to see.
[Note: This challenge went unanswered.]
Otherwise, I will not further waste my time addressing the
Commission or attending meetings. [Note: I have since reconsidered,
and will attend meetings when I can, as these men obviously need
watching.] Should anyone see my absence as an oportunity to speak ill
of me (as was done once before), I WILL be notified (I have friends
among you), and I WILL aggressively address the matter in the
subsequent meeting (JUST as before). [Note: This comment relates to
the 1997 meetings regarding US Code Title 50/Section 1520].
Respect begets respect - I will no longer return that which was
never afforded me.
- "In questions of power, let us hear no more of trust in men, but
bind them down from mischief with the chains of the Constitution."
THOMAS JEFFERSON.
"If a nation values anything more than freedom, it will lose its
freedom; and the irony of it is that if it is comfort or money that it
values more, it will lose that too." WILLIAM SOMERSET MAUGHAM
"Good intentions will always be pleaded for every assumption of
authority. It is hardly too strong to say that the Constitution was
made to guard the people against the dangers of good intentions. There
are men in all ages who mean to govern well, but they mean to govern.
They promise to be good masters, but they mean to be masters." DANIEL
WEBSTER
"I think that the American people don't understand that they are
the source of power in government. They are acting like a bunch of
cowed people who are governed, rather than a proud people who govern."
REP. CHRIS CANNON, R-UTAH
------------------ "Our job is to abide by the Constitution, and
that's what we're going to do." BILL FRIST (on Larry King).
"The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respec- tively, or to the people." 10TH AMENDMENT (U.S.
CONSTITUTION).
"I don't think we should limit the government to what's in the
Constitution". BILL FRIST (Athens town hall meeting)
----- ----- Future child :"Daddy, what were you doing when we
lost our freedoms ?"
Future father:"I stood with the majority who cared not, while fighting
the small minority who did.".
A letter which was never sent (included for reference):
To: McMinn County Commission From: Mark Gilmore
Dear sirs,
Whereas:
1) The Department of Transportation has MANDATED that all States must
conform our driver's licenses to new "national standards", so that
they may then be used as NATIONAL ID CARDS
(REF 23 CFR Part 1337).
2) The Department of Health and Human Services recently issued a
"White Paper", in which they conveyed their plans to store our
PERSONAL medical files in a federal data base.
3) The Constitution is THE SUPREME LAW OF THE LAND (NOT a suggestion
to apply only when convenient), and so overrides and negates any
conflicting laws, statutes, regulations, mandates, or executive
orders.
4) The aforementioned actions would be blatant/direct VIOLATIONS OF
THE LAW (specifically the 10th Amendment), and would make "felons" of
otherwise law abiding citizens who refuse to be tagged and tracked
like cattle.
5) All branches and agencies at all levels of government MUST ADHERE
TO THE LAW, just as we the people are expected to do.
6) Support of the Constitution is a specific responsibility of this
Commission, as stated in yur oaths of office.
I hereby respectfully request that this Commission:
1) Form a permanent committee of selected Commissioners and concerned
citizens for the purpose of identifying and addressing current
and pending constitutional violations. If possible, I would like to
serve on this committee. Otherwise, I could assist in any way desired.
2) Encourage other TN counties to do the same, with the intent of
eventually forming a state-wide association of these committees, so as
to share resources and information, and to have a greater influence
with our State and federal representatives.
Possible goals could be as follows:
1) Implementation of a policy whereby the State of Ten- nessee will no
longer take part in, nor be accomplices to, ANY unlawful federal
meddling into matters which are rightfully those of our State and/or
we the people.
2) Serve notice to all Tennessee public servants (local, state, &
federal) that they will be subject to removal should they knowingly
support unconstitutional legislation and/or activities, as such
support would constitute a direct violation of their oath of office
and the people's trust. Note that we can never hope to preserve our
liberties if the Constitution may be undermined with impunity. And
concerned citizens grow weary of fighting an ever-growing multitude of
unconstitutional bills.
3) Initiate a pre-emptive legal challenge to the DOT mandate on 10th
Amendment grounds, so as to avoid any loss of federal highway funds.
I look forward to your response via your choice of phone call
(preferred), FAX, or letter.
Sincerely,
Mark Gilmore
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