I think the safest thing we could do is to put a Bible and a Constitution in EVERY pocket – Then put GUN in the hand of EVERY free American. NO permits, NO background checks, NO registration. Teach EVERY child to use one, encourage EVERY mother to carry one — With a gun in EVERY belt, every criminal, thug and tyrant would think TWICE before they assaulted liberty – While there in every pocket, would be the tools to know what liberty really is.
We own them! That’s right, every one. Government’s only authority is not of right, but of grant from the people. That’s the law. — Today we’ll take a look at how that law works.
The Constitution does NOT give us rights:
Rights cannot be granted because we already own them. The Constitution proclaims our rights as supreme law on on ALL branches of government. It eliminates any inherent right government might think it has over the people and is an ALARM when the wall of liberty is been breached. — We are a self governing Republic America.
#1 The Source:
It’s a common idea in America that our Constitution grants us rights. That if it goes away we long longer have those rights, that things not listed within it’s texts are not rights, that those rights only apply to Americans, or that courts define rights. This common understanding is 100% wrong. The founding nature of law is to protect life, liberty and property. Any legislation or edict, from any body of government that operates outside those boundaries, is in fact not law at all, it is criminal.
There was actually an argument led by Alexander Hamilton when the Bill of Rights was being crafted. They feared that by naming our rights, the government would assume that those were the only rights they were required to respect.
To combat this concern, the framers addressed the issue within the Bill of Rights itself. It’s only because of our own negligence and refusal to uphold law that we have allowed government to trample peoples rights in the name of security and safety. In the beginning our government was EXTREMELY limited and was intended to remain so.
So the framers penned amendment #9. It reads – “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”
Translation: That the absence of a right or detail about a right within the bill of rights, in no way grants government the right to control it. The Constitution itself declares what government is allowed to administer.
The framers then took it further in amendment #10 – “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”
Translation: That in truth the Constitution is not only a dictate on what Federal government CANNOT do. It is a charge of what they are ALLOWED to do. Meaning anything not granted to them on the text is not within their authority at all. Think about all the agencies, laws and regulations made by the the government that are not within the power we granted them.
#2 State Rights:
States, through delegated authority of the people, have certain authority to legislate things the Federal government cannot. By keeping it local we increase accountability. However the State cannot make law the restricts rights, or conflicts with the Constitution. The State also has no rights, the people have all of them. The State for example has no right whatsoever to legalize abortion. No more than they have a right to force euthanasia of those over 60. Our God given rights override such lawless authority 100% because everyone has a right to life and due process.
The same goes for gun restrictions. The State has zero authority to restrict guns in any fashion. Just like the federal government. The Constitution affirms or rights and the State is bound by those as well. SHALL NOT is not a request, it’s a command. More about gun rights and their history in this article.
We see that the Government’s only legal task is to protect life liberty and property. Not to define or restrict it at the whims of legislators or misinformed people.
So the people have the authority. Can they vote to take away peoples rights within their State? No at all! The Constitution affirms our natural and God given rights. The collective has no authority to take those away. Only to defend their own rights by giving due process and punishment to criminals who violate them. What this means is that no law can be passed to take away a mans rights that would in any sense be real law. It would in fact be lawless. This happens all the time however because people do not stand up for their rights.
If we think about what this means it’s rather astonishing. This came up at a wonderful lecture I attended by Constitutional attorney, KrissAnne Hall and I realized how often we forget that we do not serve government, they serve us. Government is like a fry cook – They exist simply to administer the tasks that WE granted them in our Federal and or State Constitutions. But when your fry cook continually burns the fries and starts fires in the kitchen, you fire them and give the task to someone competent.
If you hire a fry cook and you give him the job of cooking the fries. The fact that you did not expressly forbid them from emptying the cash register, does not mean it is also his right to empty the cash register! – They are the employe. Our lack of command in an area does not constitute permission. – Rather the lack of permission constitutes command.
#3 The Solution:
The problem is us. It’s not Congress, it’s not the court. It’s our total failure to stand up and defend justice.
The law on government exists. Both naturally and affirmed in our written law. But what happens to law that is not enforced? It gets ignored. That’s what’s happening today. We are the law enforcement for liberty, it’s sententials. If we elect constitutional sheriffs, representatives and officials we can delegate some of that enforcement. But if we get lazy like we have in America, those servants start robbing the cash register of liberty, they start raping and pillaging our liberty.
The implications are HUGE. What basic rights can we see being violated and controlled by government today that are in fact a violation? What tasks have our governments taken upon themselves that are in fact a violation of the job description we gave to them? If we don’t know these things how can we teach our children about liberty?
It’s time to sow again the seeds of independence in a nation that is become sick with the rot of dependence. It’s time to return to principle, start standing up and take back out liberty.
Recently I Was a guest on Free Talk Live (start at 48:00). We had a interesting talk about checkpoints, the Constitution and freedom. The folks over there are mostly Libertarian Voluntaryists and we had an interesting talk that got me thinking. I agree with them on many things. But not all.
It seems there is a group that is pro-liberty, but reject the Constitution because they think it’s just another form government power looking to oppress them. They say they are not anarchists, they want a self-governance where the government is followed by choice, not by law.
It’s a little confusing, probably because they never explain how this could possibly be implemented on any scale I have no problem with the idea of private fire departments, or water supplies. That’s free market and that’s good. But if any one person can at any time refuse the law of order that has been agreed upon than there is no order
I think they really are looking for in large part is what the framers already gave us. America is a essentially nation of self government. It does not look like that these days, but that is our foundation. WE THE PEOPLE have allowed our government to abuse us because it was easy and it looked safe. But it is E who have the power to change our government.
We don’t have a foundation problem ladies and gentlemen. We have a sin problem – Lets say it like it is. We are lazy, self serving people who don’t want to do what’s right. Our nation is rejecting our foundation based on Godliness and moral values and no nation can thrive without those values.
Men are imperfect, they tend to go with what is easy and fun unless tempered by moral and just truths. But I submit that we cannot fix this by simply pretending morals truths don’t exist. No, you can’t always do whatever you want. It doesn’t work. We have to have some order and it must be tempered by restraint.
The argument says that “the Constitution allows tyranny and has been powerless to prevent it” – Let me say that the Constitution is a document of law that We the People placed upon government. It has protected us from many things and where it has failed WE have failed. There will always be government for anarchy cannot exist over time. The American Foundation, backed by the Constitution, backed by solid Biblical morals is solid – It’s a system whereby the people have God right. Why? because rights are God given and cannot be revoked. Further, we have placed laws upon government that can only be altered by the agreement of WE the people. That is good.
Some will say, look “we had slavery as our foundation” Wrong, we had slavery, but it was not our foundation. Slavery has always been a blatant violation of the our foundation. Some of the framers knew that but did not know what to do about it. Others ignored it as it was engrained in society – But our lack or justice cost us a great deal of blood – There are consequences for evil and we paid dearly for that sin, just as we will pay dearly for the evil of abortion – There is always a cost for evil.
What of here and now?
We have a foundation. Some say we should throw it out and start a new one. Yet we can already choose our own government! We already have the right to change it. WE are too lazy as a society to take a stand, so we have let our government abuse us for false promises of security in trade for our liberty. For freebies – WE hand it over to them.
There will always be a government. If we had a clean slate today and removed every leader, that very action would bring new leaders. Laws would be made, documents would be written. Governments are always instituted among men. It’s how God arranged the world. Small government is a good idea, but nothing man can to will every make everything voluntary.
We talk about law. All law is not bad. Unjust law is bad – In that it’s important that we consider what law really is. We must consider what is law and what is lawless. I feel William Blackstone summarized quite well who defines law.
“No enactment of man can be considered law unless it conforms to the law of God” – William Blackstone
So who decides what harms others. Morals do, values go, people do, government follows. What defines values. God does, he always has. This cannot be avoided. Godly moral basics can be traced to every government in history. But a government that swings into relative morality has never worked. Without a moral foundation and without moral people to demand that we remain on that foundation, it becomes self-serving in nature and would soon become oppressive, just like every other self serving government EVER.
Liberty is not freedom to do whatever I want – Liberty is freedom from sin, from tyranny, from disorder. It’s living in justice and moral truth and demanding your government do the same.
WE HAVE THE FOUNDATION!
We simply have to stand on it. The Bill of Rights and the Constitution are solid, if perhaps imperfect. Because men are indeed imperfect. But the framers while imperfect, were tempered with a degree selfless justice and moral values. The idea that we can replace that with something that’s more self-serving so that government has no authority over us is not realistic. No one said this was easy.
The moment a gap is left in government something rushes to fill it – It’s up to us to make certain that something is good.
Tyranny is rising, the police state is reprehensible. But WE are the problem. WE keep voting for freebies. WE keep pressing for relative morality rather than the basic foundation of Godly morals that our nation was indeed framed on. WE are the problem. Our laziness, our sin, our self serving nature.
So WE can sit around the campfire saying something must be done. Saying we need to scrap it all and start over. But if you have a broken down mansion that is still structurally sound, you don’t scrap it. You get up, get to work, set it back on the foundation and fix it.
We need less government. But we don’t need to replace the foundation. We just need to start using the one we were given instead of standing around slack jawed while tyrants trample our liberty.
It’s time WE stood up, took accountability and took America back.
Last month I had an encounter in Boise Police that made pretty big news in the area and beyond. I’m still meeting random people that know about the story hundreds of miles from where it occurred. It illustrated a growing problem in America where we’re allowing police forces to become belligerent and Statist in mindset. This dangerous premise is leading us down the road of tyranny and I feel it’s critical we stand against it. Below is the video and you can read the whole story here.
But I want to present a contrast today: Last week I encountered another officer. It was a different situation, but the tone he took from the first moment was the opposite. Unlike Sperry in Boise, Officer Leslie of the Klamath County Sheriff’s Department was cordial and easy going. Yes, I imagine he was checking up on me. I was a random dude far out in the woods. But he did it with grace, not pressure and was even helpful. As such I offered his the same cordiality. Take a look.
What’s commendable here is that he did his job without invading my liberty. He did not harass me for having my hands in pockets. He did not ask for ID. He did not ask where I was going. More importantly, he did not try to intimidate me. Bottom line, he did not act like the proverbial mall cop.
The actions and behavior of an officer have meaning and tell a lot about their character and the leadership in that area. Treating someone like they are a criminal for existing is a bad thing. But this man did not do that. I was a human being. Not a subject. It could be just him, but I would also guess you could trace this back to the leadership of this office as well.
We should stand against bad behavior firmly, but we should applaud good behavior. I don’t want to always look for the negative even though that’s normally what I have to see. And while I know this video will not get near the attention of the others, I think it’s important that we consider the positive side of the law.
I for one plan to call the Klamath Sheriff’s office on Monday and commend this action – 541-883-5130
How can we make this the norm in law enforcement? Your thoughts are welcome… Gav
No there were no actual dances. Truth is, our encounter was more like driving away than dancing. But it’s been a crazy week none the less – We’ve been on the road for a month working on a new educational documentary for my business called PHOTOGRAPHICS. The family and I needed to cross through California on our way out of Reno as we headed towards Washington and home.
My brother informed me that there would be one of these fruit checkpoint station across the border. But being the liberty loving guy I am, I decided it was my duty to stand my ground. That meant not only would I not avoid the area I needed to go our of fear of tyranny, I would also refuse anything that violated our Constitutional rights.
The result is the video you see above. I don’t need to spell it all out. How I handle these guys and why is made pretty clear in the video and it started quite a conversation, getting over 50,000 views in the first week.
While some have tried to make it so, this isn’t really a discussion about agriculture. This is a discussion about liberty. The rest of the country grows their crops just fine without violating the highest laws of our land. I expect California to find a way to do the same. It’s that simple.
“When injustice becomes law, resistance becomes duty” — Thomas Jefferson
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety” – Benjamin Franklin.
The framers did not forgot to make exception in the Constitution for fruit.
As a lover of liberty, the statistic accused me of being anarchist – This is ironic since the tyranny I stand against is a government who is itself creating chaos and violating the highest laws of our land.
Those far on the other side advocate anarchy, saying that it’s the only way we can have freedom. But in truth liberty is the opposite of anarchy, for in liberty is peace and in anarchy is chaos. I think most who advocate anarchy would detest the result of their wish.
One can be both against anarchy and against tyranny. The liberals call me anarchist for adhering to the very foundations this nation was framed on. The anarchists call me delusional for not wanting to tear down any frame at all. Can I win?
Yes – Lets consider the reality.
There is really no such thing as an anarchist society. You see, as soon as you get that chaos, those with the most muscle and biggest guns emerge and make a government anew, forcing all to follow.
Governments are instituted among men and this cannot be abolished – It therefore falls to us to restrict such governments. To bind them fast with the laws of freedom, with godly moral codes and true liberty.
There are two choices: Live under tyranny or stand up for morality and justice!
A video was brought to the attention of the department of an officer contacting a man who was videotaping a traffic stop. The Boise Police Department pro-actively made local media aware of the video October 10th resulting in widespread coverage. The Chief issued a statement at that time recognizing professional standards of behavior from officers are essential to maintaining the public confidence and trust necessary for public and officer safety. The Chief indicated an internal investigation into the circumstances surrounding the incident was underway.
This week, an internal investigation concluded the officer’s behavior did not live up to the policy and expectations of the department. The matter has been addressed consistent with internal disciplinary procedures.
“We are confident that other officers understand our department policy and training regarding the public lawfully videotaping police officers. With today’s technology, videotaping in public is commonplace. While officer and citizen safety is always a significant concern, this incident is a reminder to all of us about the expectations this department has for handling similar situations in the future.” said Chief Masterson.
I’m glad to see BPD responded and now appears to be aware of the law. I’m glad they did not blow this off as irrelevant. I’m also disappointed with the vagueness and lack of transparency. I suspect little discipline was actually given and must ask again. What would be the result had the roles been reversed? An honest public apology from the officer would go a long way in showing a lesson was learned. And since the officers behavor was public, I believe her discipline should be as well.
Regardless, I think this has been a good conversation. I’m happy to have helped start a town talking about liberty. People need to know what it means and understand the laws that our Constitution places on government. We need to teach Liberty to our children and hold it up front of us every single day — When the fry cook burns the chow over and over, you remove them and put someone in their place who will do the job right. It’s the responsibility of Boise locals and every other city to start demanding accountability from our employees.
I think this resonates a larger issue with our government — It’s why I’m running for US Congress. Incidents like this serve to remind us that we are a self governing Republic and that it is our DUTY to hold OUR government accountable. It is my hope that people will become more aware of what’s happening around them. Your liberty is more important than your football. The Constitution is alarm that the wall of liberty has been breached. That alarm is ringing and it’s time we put out the fires of tyranny.
I take a stand because it’s our duty to stand. We must question and challenge government all the time. Otherwise they will trample us, every time. It falls to us to maintain the republic. Remember the words of Benjamin Franklin.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety”
Let liberty reign and Merry Christmas.
First i want to thank my my remarkable wife Sondra for her constant support. She’s a gem – Now great many things have been assumed about me since I posted this video. I thought I would follow up and clear some things up. You can also see my full bio and learn about what I actually do for living here.
Some say I’m after 15 minutes of fame. But that’s not how I roll. I have a great reputation as a photographer and educator. My work wins awards, my films like EXposed are reasonably acclaimed, I host a long running podcast and I make tools that are used by photographers all over the world. Famous? Not really. But I’m too busy with serious projects to risk getting arrested in a hunt for YouTube views. Videos like this one are not my filmmaking focus. I’m standing up because I know what America was founded on and I detest tyranny.
“When injustice becomes law, resistance becomes duty” – Thomas Jefferson
“If a law is unjust, a man is not only right to disobey it, he is obligated to do so” – Thomas Jefferson
Looking Closer: I was in a the Boise ID Cabelas parking lot and saw Sperry stopping a vehicle which pulled into the Stinker Station. I stood near the curb about 60-70 feet away and observed quietly, filming the stop with my phone.
Time: Oct 8th at around 9:15 PM – Location: 43.604479,-116.283624
We’re on our Fall 2013 road trip now with the family. I had the above encounter with Boise ID police for the apparent crime of recording and refusing to give my papers. It caused a stir around Boise and beyond. Contrary to some opinions, I’m not running around the country looking to interact with police. The opposite in fact. I’m out looking for nature for my landscape images on our new film, PHOTOGRAPHICS. There are 7 of us on the road right now.
In the past week I’ve been called everything from a hero to a slime ball and even a liberal. A pansy because my voice cracked, a piece of crap because I did not cooperate. I’ve even been called a deadbeat, though last time I checked I was working awfully hard. In fact we even released this new pictorial from Idaho that I took a few days after.
It’s not nearly all negative however. I’ve also been called a patriot, a good man, intelligent and even well spoken. It’s all been interesting and at the bottom I’ll add a tidy list of news stories on the video. But more importantly is did what I hoped and that is start a conversation about liberty.
UNDERSTAND that the Gavin of ten years ago might have agreed that my actions were unnecessary. But he grew up – Ten years ago it seems we were OK with our rights being taken away in the name of a “War On Terror” – That was naive. I had not taken the time to really understand the Constitution and learn what liberty and freedom “from terror” really meant. Freedom from, sin, from tyranny, from injustice, from evil.
The Gavin of today is willing to stand his ground – He did not do so to get attention, to be cocky, to be tough, or because it was fun. He did it for liberty – I won’t lie. It was scary. It always is. This officer was a loose canon and anything could have happened. Had she simply ignored me this story never would have happened. But instead she approached me as a bully comes at someone on the school yard.
Some say that I was petty or looking for trouble. That I was shady or creepy. I was not – Some say I’m seeking attention and bored. The truth is I have a very busy business and I have far better ways to get attention. I was a passer by in a sweater holding his a phone and staying well out of the way. Some say the officer had no problem with me filming. That is not true. Notice that the officer did not say a word to my brother Nathan, who was standing a few feet to the right with no camera. This officers actions were the behavior of a bully and represent the tyranny that is rising in America and should not be tolerated for a moment.
Other Thoughts: The second officer is also worth nothing. While he was not a loose Canon, he did a terrible job of showing he understood what his job is supposed to be. He was perfectly fine with the idea that all he did was write tickets and arrest people. It begs the questions. Who is hiring and training these people? You can “Protect and Serve” or you can “Harass and Collect”. You cannot do both.
Official Complaint (download PDF): I filed an official complaint of the incident with the Boise PD. While I was confident they knew about it, I was asked by numerous Boise area residents who confirmed that Sperry and the Boise PD were out of hand and felt I needed to make it official. While the complaint does not change my stand against this kind of behavior, it does put it officially on record.
I DID NOT COMPLY because tyranny is a LIE. Giving up your liberty in the name of “safety” is a LIE. You don’t cower in the face of lies. You don’t bend to their will. You stand down a lie because it’s immoral and it’s wrong. Because that is how you protect “real safety” and bring real security” — True liberty is always forged with a bible in one hand and courage in the other.
Let me be clear – My liberty is far more important that what government feels, thinks, or wants – YES! My freedom is more important than your freebies. I don’t care if my government does not like it. If they cannot serve WE THE PEOPLE and work within the the law WE THE PEOPLE laid upon them, they have no business being leaders – I’m not here to be nice to tyranny, or have a conversation with it. Those that represent that tyranny in any form should lookout – This is America and those who love freedom have had enough of your lies.
In the past it was my own lack of knowledge and my lack of awareness of tyranny that caused this. I FAILED to fully appreciate what the framers spilled their blood to purchase. I will not ignore that again and I hope others will open their eyes, read our history and learn what liberty means. The moral and just foundation that was America’s cornerstone is crumbling- What are you doing to repair it?
Below is a list of reporting on this issue if you want to follow up and so I can find them again.
- KBOI 2 Initial Story – http://bit.ly/1g9BpDx
(FB Thread – http://on.fb.me/1aCL4eL)
- KBOI 2 attorney weighs in – http://bit.ly/1bQLbIF
- KBOI 2 – Locals Speak Out – http://bit.ly/1aCKQ7h
(FB Thread – http://on.fb.me/1fw2ek0)
- KBOI 2, ACLU – http://bit.ly/1ft3Gnf
(FB Thread – http://on.fb.me/191cyLB)
- KBOI 2 Complaint Filed – http://bit.ly/H0JkCO
- ( FB Thread – http://on.fb.me/1aHhggR)
- Big Country News – http://on.fb.me/GUglRO
- Lew Rockwell – http://bit.ly/15OTcZX
- KITV 6 – http://bit.ly/1681yc0
- KIVTV 6, Lapdog Lawyer – http://bit.ly/166mBkC
- KTVB 7 – http://bit.ly/1680S6q
- PINAC – http://bit.ly/1ehbFk8
- Boise Guardian – http://bit.ly/1ehbd5p
- Idaho Statesman – http://bit.ly/GQL962
- Idaho Statesman Follow Up – http://bit.ly/1fyTDNu
- Idaho On Your Side – http://on.fb.me/1ayDjWY
- Live Leak – http://bit.ly/1ce9ld2
- Truth Be Known – http://on.fb.me/1gamAQV
- Orig Video – http://youtu.be/20kSGn1EVxQ
- Read the Bill of Rights – (http://bit.ly/1egwlc8)
Tonight I cheer aloud to see that two anti gun and anti freedom Senators in the State of Colorado were RECALLED and OUSTED in a historic win for gun rights 🙂
Let it be known – When you break laws of the Constitution that WE THE PEOPLE laid upon you. You are a criminal and you will be PUNISHED.
Let it be known – That the Bill of Rights is not a book of rules on what we can do. It’s a book of rules on what our employees CANNOT do.
Let it be known – That in liberty YOU do not tell a people THEY cannot have guns. THEY TELL YOU THEY CAN!
Let freedom ring.
A terrorist is by definition one who terrorize or frightens people. Tell me. Who do you have more terror of. Your government, or the terrorists they claim to be protecting you from?
There is good and there is evil. We cannot win against the evil by cowardice. By cooperating with evil and tyranny because it’s easier TODAY. Offering the olive leaf to evil only offers them permission to abuse you all the more.
A government that violates the rights of it’s people has become the terrorists – A government that violates our constitution is commuting terror against the people. Do not negotiate with terrorists, stand against the evil and drive it out.
Those working with the terror of injustice and tyranny do not deserve your respect. They have become the terrorists and they should be treated with the disdain well deserved. It’s irrelevant that they are “doing their job” as they so often say. The moment their job become assaulting innocent people and they went along with that, they became the representatives of tyranny, terror and evil.
I always record encounters with law enforcement. Inland Checkpoints that detail us in violation of the Constitution are a peeve of mine.
There is a lie being spread that treating disrespectful behavior with open disdain is to disrespect authority — In truth rebelling against the rule of unjust law in order to oppose tyranny and immorality is by action to show utmost respect for law, order and justice. It is and always has been the epitome of human courage.
We must question and challenge government all the time — Otherwise they will trample you every time. The idea that we must me patriotic of the State itself rather than the freedom we hold dear is a lie.
Here we are being stopped at an in inland checkpoint near Alamogordo New Mexico. This is not a border crossing of ANY kind – http://twitter.com/gavinseim – http://seimstudios.com
I also posted the video to FB.. http://on.fb.me/10LJweX and Vimeo… http://vimeo.com/63508451 in case it gets removed from YouTube.
I am traveling the US with my family on a three month road trip (http://bit.ly/Wu2Gq0). I value your freedom and mine and I’ve had enough of the tyranny – Maybe I’ll run for Congress next year. I’m not joking, I am fed up.
We must stand for freedom, else we WILL lose it. More about this stop on our blog as well as alternate video sources… http://bit.ly/122V8O5
The 4th amendment of the US Constitution protects us from stops like this. While the Supreme Court ignored the Constitution in regards to these checkpoints (see United States v. Martinez-Fuerte) that does not mean we have to comply and certainly does not mean they can detain us without cause.
Interestingly the courts acknowledged that this was an infringement on Constitutional freedom, but decided that the benefits outweighed the infringement. In my option this was tant amount to treason as they admitted that this was a violation bit allowed it anyways.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety” – Benjamin Franklin.
YES, we can say NO to tyranny. I refuse to answer questions from federal agents when I am being stopped without cause. Border Patrol Checkpoint. Guns for hire on HWY 70 E, near Alamogordo New Mexico.
Free nations don’t have arbitrary check points.