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American Sovereignty

Oath Keepers

Main Page http://oathkeepers.org/oath/

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Declaration Of Orders We Will Not Obey

Orders We Will Not Obey

“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army” — Gen. George Washington, to his troops before the battle of Long Island

Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army — and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.

Oath Keepers is a non-partisan association of currently serving military, reserves, National Guard, peace officers, fire-fighters, and veterans who swore an oath to support and defend the Constitution against all enemies, foreign and domestic … and meant it. We won’t “just follow orders.”

Below is our declaration of orders we will NOT obey because we will consider them unconstitutional (and thus unlawful) and immoral violations of the natural rights of the people. Such orders would be acts of war against the American people by their own government, and thus acts of treason. We will not make war against our own people. We will not commit treason. We will defend the Republic.

Declaration of Orders We Will NOT Obey

Recognizing that we each swore an oath to support and defend the Constitution against all enemies, foreign and domestic, and affirming that we are guardians of the Republic, of the principles in our Declaration of Independence, and of the rights of our people, we affirm and declare the following:

1. We will NOT obey any order to disarm the American people.

The attempt to disarm the people on April 19, 1775 was the spark of open conflict in the American Revolution. That vile attempt was an act of war, and the American people fought back in justified, righteous self-defense of their natural rights. Any such order today would also be an act of war against the American people, and thus an act of treason. We will not make war on our own people, and we will not commit treason by obeying any such treasonous order.

Nor will we assist, or support any such attempt to disarm the people by other government entities, either state or federal.

In addition, we affirm that the purpose of the Second Amendment is to preserve the military power of the people so that they will, in the last resort, have effective final recourse to arms and to the God of Hosts in the face of tyranny. Accordingly, we oppose any and all further infringements on the right of the people to keep and bear arms. In particular we oppose a renewal of the misnamed “assault-weapons” ban or the enactment of H.R. 45 (which would register and track gun owners like convicted pedophiles).

2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects — such as warrantless house-to house searches for weapons or persons.

One of the causes of the American Revolution was the use of “writs of assistance,” which were essentially warrantless searches because there was no requirement of a showing of probable cause to a judge, and the first fiery embers of American resistance were born in opposition to those infamous writs. The Founders considered all warrantless searches to be unreasonable and egregious. It was to prevent a repeat of such violations of the right of the people to be secure in their persons, houses, papers, and effects that the Fourth Amendment was written.

We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people.

3. We will NOT obey any order to detain American citizens as “unlawful enemy combatants” or to subject them to trial by military tribunal.

One of the causes of the American Revolution was the denial of the right to jury trial, the use of admiralty courts (military tribunals) instead, and the application of the laws of war to the colonists. After that experience, and being well aware of the infamous Star Chamber in English history, the Founders ensured that the international laws of war would apply only to foreign enemies, not to the American people. Thus, the Article III Treason Clause establishes the only constitutional form of trial for an American, not serving in the military, who is accused of making war on his own nation. Such a trial for treason must be before a civilian jury, not a tribunal.

The international laws of war do not trump our Bill of Rights. We reject as illegitimate any such claimed power, as did the Supreme Court in Ex Parte Milligan (1865). Any attempt to apply the laws of war to American civilians, under any pretext, such as against domestic “militia” groups the government brands “domestic terrorists,” is an act of war and an act of treason.

4. We will NOT obey orders to impose martial law or a “state of emergency” on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.

One of the causes of the American Revolution was the attempt “to render the Military independent of and superior to the Civil Power” by disbanding the Massachusetts legislature and appointing General Gage as “military governor.” The attempt to disarm the people of Massachusetts during that martial law sparked our Revolution. Accordingly, the power to impose martial law – the absolute rule over the people by a military officer with his will alone being law – is nowhere enumerated in our Constitution.

Further, it is the militia of a state and of the several states that the Constitution contemplates being used in any context, during any emergency within a state, not the standing army.

The imposition of martial law by the national government over a state and its people, treating them as an occupied enemy nation, is an act of war. Such an attempted suspension of the Constitution and Bill of Rights voids the compact with the states and with the people.

5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.
In response to the obscene growth of federal power and to the absurdly totalitarian claimed powers of the Executive, upwards of 20 states are considering, have considered, or have passed courageous resolutions affirming states rights and sovereignty.

Those resolutions follow in the honored and revered footsteps of Jefferson and Madison in their Kentucky and Virginia Resolutions, and likewise seek to enforce the Constitution by affirming the very same principles of our Declaration, Constitution, and Bill of Rights that we Oath Keepers recognize and affirm.

Chief among those principles is that ours is a dual sovereignty system, with the people of each state retaining all powers not granted to the national government they created, and thus the people of each state reserved to themselves the right to judge when the national government they created has voided the compact between the states by asserting powers never granted.

Upon the declaration by a state that such a breach has occurred, we will not obey orders to force that state to submit to the national government.

6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.

One of the causes of the American Revolution was the blockade of Boston, and the occupying of that city by the British military, under martial law. Once hostilities began, the people of Boston were tricked into turning in their arms in exchange for safe passage, but were then forbidden to leave. That confinement of the residents of an entire city was an act of war.

Such tactics were repeated by the Nazis in the Warsaw Ghetto, and by the Imperial Japanese in Nanking, turning entire cities into death camps. Any such order to disarm and confine the people of an American city will be an act of war and thus an act of treason.

7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.

Mass, forced internment into concentration camps was a hallmark of every fascist and communist dictatorship in the 20th Century. Such internment was unfortunately even used against American citizens of Japanese descent during World War II. Whenever a government interns its own people, it treats them like an occupied enemy population. Oppressive governments often use the internment of women and children to break the will of the men fighting for their liberty – as was done to the Boers, to the Jewish resisters in the Warsaw Ghetto, and to the Chechens, for example.

Such a vile order to forcibly intern Americans without charges or trial would be an act of war against the American people, and thus an act of treason, regardless of the pretext used. We will not commit treason, nor will we facilitate or support it.”NOT on Our Watch!”

8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control” during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.

During the American Revolution, the British government enlisted the aid of Hessian mercenaries in an attempt to subjugate the rebellious American people. Throughout history, repressive regimes have enlisted the aid of foreign troops and mercenaries who have no bonds with the people.

Accordingly, as the militia of the several states are the only military force contemplated by the Constitution, in Article I, Section 8, for domestic keeping of the peace, and as the use of even our own standing army for such purposes is without such constitutional support, the use of foreign troops and mercenaries against the people is wildly unconstitutional, egregious, and an act of war.

We will oppose such troops as enemies of the people and we will treat all who request, invite, and aid those foreign troops as the traitors they are.

9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.

One of the causes of the American Revolution was the seizure and forfeiture of American ships, goods, and supplies, along with the seizure of American timber for the Royal Navy, all in violation of the people’s natural right to their property and to the fruits of their labor. The final spark of the Revolution was the attempt by the government to seize powder and cannon stores at Concord.

Deprivation of food has long been a weapon of war and oppression, with millions intentionally starved to death by fascist and communist governments in the 20th Century alone.

Accordingly, we will not obey or facilitate orders to confiscate food and other essential supplies from the people, and we will consider all those who issue or carry out such orders to be the enemies of the people.

10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

There would have been no American Revolution without fiery speakers and writers such as James Otis, Patrick Henry, Thomas Paine, and Sam Adams “setting brushfires of freedom in the minds of men.”


Patrick Henry: “Give me Liberty, or Give me DEATH!”

Tyrants know that the pen of a man such as Thomas Paine can cause them more damage than entire armies, and thus they always seek to suppress the natural rights of speech, association, and assembly. Without freedom of speech, the people will have no recourse but to arms. Without freedom of speech and conscience, there is no freedom.
Therefore, we will not obey or support any orders to suppress or violate the right of the people to speak, associate, worship, assemble, communicate, or petition government for the redress of grievances.

— And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually affirm our oath and pledge to each other our Lives, our Fortunes, and our sacred Honor. Oath Keepers

The above list is not exhaustive but we do consider them to be clear tripwires – they form our “line in the sand,” and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.

NOTE: please also read our Principles of Our Republic We Are Sworn to Defend

12 Comments »

  1. Comment by bonfiresblog | February 1, 2010 | Reply

  2. Sheriff Mack event in San Ramon, CA

    Time: February 16, 2010 from 6:30pm to 8:30pm
    Location: Marriott Hotel, San Ramon, CA 94583
    Street: 2600 Bishops Drive
    City/Town: San Ramon
    Event Type: informational, seminar
    Organized By: Kyle Thomas Labore

    This is an event mainly for County Sheriffs where Sheriff Mack will be speaking on the powers of the County Sheriff. Any County Sheriff who truly values the United States Constitution and the powers granted them by their constituents must attend this event. I encourage all viewing this event to contact their local County Sheriff and ask if they intend to attend. If they are interested, please pass on the flier/relevant information to them. The flier is the image associated with this event.
    http://oathkeepers.ning.com/events/sheriff-mack-event-in-san

    Comment by bonfiresblog | February 9, 2010 | Reply

  3. Active Duty Troops In Iraq Are Wearing Oath Keeper Tabs:
    “… what we are wearing while over here in Iraq”

    Hooah!

    Comment by bonfiresblog | March 10, 2010 | Reply

  4. Join Oath Keepers before April 19th and
    Become a Founding Member

    To commemorate the first year of Oath Keepers, everyone who officially joins (or has already joined) and pays their membership dues before April 19, 2010 will be considered a Founding Member of Oath Keepers. All Founding Members (including Associate Members) will receive a special membership card and certificate that will declare them as such.

    For those who have already joined Oath Keepers and paid dues before we began issuing these special certificates and cards, you too are considered a Founding Member and when you renew your membership you will receive a new certificate and new membership card noting that you are a Founding Member of Oath Keepers, as well as our new DVD and additional outreach materials.

    All Founding Members will be eligible to wear our new “Founding Member” Oath Keepers tab, which will be sold only to those who are verified, official Founding Members. We will also have a limited edition Founding Member challenge coin available very soon, also available only to verified Founding Members.

    So, if you are not yet an official dues paying member, make sure you sign up online, in person at one of our events, or mail in your dues before midnight on April 19, 2010 to become a founding member.

    Stewart Rhodes conceived the idea for Oath Keepers during the 2008 presidential campaign before President Obama was elected. However our first official Oath Keeper sponsored event was on April 19, 2009 on the Green in Lexington Massachusetts.

    We consider April 19, 2009 our born on date and we invite you to become part of our organization and become a founding member of Oath Keepers. Remember, even if you have never served in the police, military, or fire services, you can join Oath Keepers as an associate member. We welcome the participation of average citizens because we know that we are all in this together, and if we are to restore our Republic, we must work together. Citizen associate members play a vital role in this organization – many hands make light work. So, all hands on deck, grab a bucket, and let’s start bailing to save this ship!

    We realize that the official membership in Oath Keepers is only the tip of the iceberg as far as Oath Keepers across our great nation. When it comes to our mission to reach, teach, and inspire active duty, what really matters is that they study the Constitution and simply keep their oath. They don’t have to become official dues paying members to do that. However, this organization’s outreach efforts are fueled by the generous donations and membership due of patriots that share a common bond in honoring our Constitution. If you are not yet a dues paying, card-carrying member, we would be honored to have you our ranks.

    For the Republic,

    Stewart Rhodes

    Founder of Oath Keepers

    CLICK HERE TO JOIN NOW
    http://oathkeepers.org/oath/join/


    Bookmark and Share

    Comment by bonfiresblog | April 6, 2010 | Reply


  5. http://oathkeepers.net/familysafe/

    As we all know, a natural disaster or an emergency can happen at anytime. That is why it is important to support first responders… so they know that their family is safe while they are fulfilling their obligations to the community and protecting others.

    This is where FAMILY SAFE comes in… providing a safe haven for families of first responders. We know one of the first thoughts that go through a first responders mind is “will my family be safe while I am away”.

    Family Safe is a support network of Oath Keeper member volunteers that will host the families of current serving Military, Police, and Fire-Fighter personnel during times of emergency and other times of need. Some of the commitments Family Safe members provide:

    • Temporary Housing
    • Transportation Assistance
    • Providing essential supplies (food, water, clothing…)
    • Financial Support through volunteers

    When a disaster occurs, our first responders need to have peace of mind knowing their families are safe, so they can concentrate on protecting our communities.

    For example, during the next Katrina, earthquake, tornado, ice storm , flood, etc, a Police officers family can go to a home of a retired Police officer who is in our network.

    Members of Family Safe agree to maintain a surplus of a variety of essential supplies in order to support fellow Family Safe members.

    Family Safe is a program where Oath Keeper members will volunteer to host the families of currently serving military, police, and fire-fighters.

    Who needs a host family, Who can be a host family ?

    Military, police, and firefighters do not need to be Oath Keeper members to be assigned a host family and take advantage of Family safe.

    However all Family Safe hosts will need to be official dues paying Oath Keeper members. You do not need to be an Official Member to volunteer today by filling out the form below, but you will need to join before you are assigned a family.

    You do not have to be prior service to be a member of Oath Keepers. Citizens who have never served can join as Associate Members.

    The primary focus is on providing sanctuary and security for the families of current serving. However Oath Keeper members will also be part of an on-call network for mutual aid and shelter during disasters.


    http://oathkeepers.net/familysafe/?page_id=5

    Comment by bonfiresblog | April 18, 2010 | Reply

  6. DVDs Are Two Dollars Each BUT, If You Spend Over $100…
    I Will DOUBLE The Number Of Discs I Send You.

    Order Page
    http://www.onedollardvdproject.com/DVD-new/Order.html

    Sheriff Mack

    Comment by bonfiresblog | June 17, 2010 | Reply

  7. The Oath Keepers new forum is live

    Please sign up and join your state. Ning membership needs to re-register.


    http://www.oathkeepers.net

    Comment by bonfiresblog | July 27, 2010 | Reply

  8. The Great Divide


    We are witnessing an attack on the Republic today using a classic text book divide and conquer technique used by military strategists for centuries. The progressives are instilling in the minds of the citizens that the wealthy are against the poor, as well as pitting minorities against the majority. This process has been in the works for years and, in my opinion these factions are hell bent on ensuring a renewed effort in creating class warfare amongst all of us to ensure their hold on power.

    This is an insidious cancer that is no longer covertly eating away at our liberty but is being pushed overtly by the ruling class elites in Washington with the help of the mainstream media. Unfortunately, many of the people believe in and defend this reversal of the Constitution and the Bill of Rights. We the taxpaying citizens are being ignored by our elected officials so they can put forth their own agenda to shred and ignore the Constitution. This is being accomplished via their continuous blatant disregard of the bonds on government as stated in the Bill of Rights, and disregard of our unalienable rights as prescribed in the Declaration of Independence.

    A prime example of this tactic is the labeling of groups of minorities as African-American, Mexican-American, Native American, and Asian-American. When a soldier is killed or wounded in action he or she is not listed as a Mexican-American or an African-American. Quite the contrary, every man and woman in the Armed Forces are all classified as Americans.

    This is where we conservatives must remember, and attempt to educate, our fellow Americans that a bullet, just as the Constitution, does not distinguish between ethnicity. It has been the goal of many that we divide our citizenry by their ethnic back ground and culture. This goes back to the nineteenth century, when Italians, Irish, Germans, and others had immigrated and established communities where only people of like origins were welcome.

    Granted, there were more factors involved in this segregation, especially when speaking of African- Americans and Hispanics, but we must move past that part of our tainted history, and learn from it.

    It is now the 21st Century and although we cannot teach our fellow man not to be bigoted, we as individuals should know what is right in our hearts. If we are truly constitutionalists, and if we truly hold to the timeless principles of our Declaration of Independence, then all men are created equal without regard to race, creed, color, or religion.

    Many will argue that when the Declaration of Independence and the Constitution were written, all men were not considered equal, based on the practice of slavery. However, since slavery was made illegal by the Thirteenth Amendment, and that prohibition became the law of the land, all of us by virtue of the rule of law are finally recognized as being equal.

    That leads me to the basis of my beliefs. Although my ancestors were born in Mexico or the former Mexican territory of Texas, I was born in the United States of America. My birth certificate states my race is white. Many of you may wonder how I could be considered white. Remember high school science, where race is taught, there are only three races: Caucasoid, Negroid, and Mongoloid. If you were to look up race in the dictionary you would find the same answer, only with more detail on what is considered a person of each of race.

    Maybe it was the foresight of my father based on his experience being raised in Texas during the 1940s and 1950s. We were taught that first, we had to work harder than anyone else, second, we were not taught to speak Spanish so we didn’t have an accent, and third that we were Americans. My father frowned on the terms Chicano, Latino, or Hispanic. The point is, my father taught us to assimilate into this country without forgetting our culture and heritage. This is not to say we were to forget our culture, but embrace it, just as Americans of Irish decent celebrate Saint Patrick’s Day.

    Every American has certain practices passed down by their ancestors, to remind them of the rich heritage and culture from which they came. Sadly, many people in this country have misplaced the practice of cultural celebrations of their heritage with the belief that they must be divided by it, and thus, they are not truly citizens of this great land, but instead are hyphenated Americans.

    When asked what nationality I am, my answer is certain and unequivocally American. Not Mexican –American. During my military career, I had the great fortune to visit over 20 countries and just as I answered I was an American, so did my fellow Airmen. I find it troubling that so many here at home consider themselves hyphenated Americans, not just an American.

    I ask you why the difference in answers. Could it be that certain factions in our political parties want us to feel divided and disenfranchised from the rest of America? This is not at all different from the attacks on the fortunate that have helped build this country to be a leading industrial nation. Is it fair to give the unfortunate the presumption that they are entitled to gain from the hard work of those that have put their heart and soul in the success of their business and fortune?

    I was recently asked to speak on behalf of the Oath Keepers at a luncheon hosted by a local conservative organization. As I spoke to the audience, I felt it necessary to establish that Oath Keepers is not a racist right wing extremist organization, as labeled by the Southern Poverty Law Center. During the course of the speech, I asked how the Oath Keepers could be a racist or bigoted group, when I was not only the Oklahoma Chapter President but also on the National Board of Directors.

    After my speech, as the audience was leaving, I was approached by an elderly gentleman. This gentleman had zeroed in on my statement about being an American, not a Mexican-American. He himself was a self described African-American and wanted to talk to me about my statement. He said he never had thought of hyphenated Americans and how it divides our people. In his 80 + years he was taught that he was a Negro-American, Black-American, and now, an African-American. He taught his children and many others the same. With a tear in his eye, he shook my hand and said thank you, from this day forward he was an American, and only an American.

    This was enough evidence for me to validate my theory that a planned and sinister attempt by the progressives, statists, and liberals to divide and conquer was in motion and had been effective for many years.

    It is clear that there are those in this country that want desperately to spread the wealth of the productive, at the expense of destroying the very foundation on which this Republic was formed, and to create a socialist type of government. They wish to enslave the people by creating a dependence on the government for all of our needs, while at the same time destroying our economy and relegating our once exceptional accomplishments and achievements to those of a third world nation.

    I cannot accept this approach to changing this country. We that have served the public, to protect and defend the Constitution, did so in good faith. Many have sacrificed their lives, liberty, and fortunes to ensure the Republic survived attacks in the past, and those yet to come.

    We are a Nation of one people and must turn back the divisions that have been so entrenched in our society.

    For the Republic,
    Robert A. Gomez, MSgt, USAF, (Ret)

    Oath Keepers Oklahoma Chapter President
    Member of Oath Keepers National Board of Directors

    Comment by bonfiresblog | September 27, 2010 | Reply

  9. I am 67yrs. old. I have been involved with the John Birch Society since the early seventies in actively opposing the true enemy that is destroyin our country. Have seen much of that continuing destruction. I have educated and continue to educate myself to be more effective in fighting them. The American people have no clue, how much danger and terror they face. The key to our victory is to get them inforemed, educated, and ACTIVE to make them effective.We are here by design not accident, bad luck, or coincedence.A half a heartbeat away from absolute slavery.

    Comment by Phil Holtz | October 8, 2010 | Reply


  10. Oath Keeper Stewart Rhodes on The Rise of Authoritarianism and How US Law Enforcement Can Take a Stand for Freedom.

    Link to article

    Sunday, November 21, 2010 – with Anthony Wile

    The Daily Bell is pleased to present an exclusive interview with E. Stewart Rhodes (left).

    Introduction: E. Stewart Rhodes is the founder and President of the growing, national non-profit organization Oath Keepers. The group supports members (current and former U.S. military and law enforcement) in efforts to uphold the Constitution of the United States should they be ordered to violate it. The Oath Keepers’ motto is “Not On Our Watch!” Both sides of his family have a long tradition of military service. Nearly all of his uncles on both sides of the family served in the Army or Marine Corps during WWII, Korea, and Vietnam, and his father served as a Marine. After the Army, Stewart graduated Summa Cum Laude from the University of Nevada, Las Vegas, where his honor thesis focused on the political theory of James Madison. After college he worked on Rep. Ron Paul’s (R, TX) DC staff. Stewart graduated from Yale Law School in 2004, where his paper, “Solving the Puzzle of Enemy Combatant Status” won Yale’s Judge William E. Miller Prize for best paper on the Bill of Rights.

    Daily Bell: Give us something about your background. Where did you grow up and go to school?

    Stewart Rhodes: I grew up partly in California, where my mother’s side of the family were migrant farm workers, and partly in Nevada. After my service in the Army I worked as a professional sculptor and firearms instructor in Las Vegas, and I attended UNLV. I then worked for Congressman Ron Paul and then attended Yale Law School.

    Daily Bell: You served as a U.S. Army paratrooper until disabled in a rough terrain parachuting accident during a night jump. What happened to you? Why did you join the US army?

    Stewart Rhodes: I joined the Army right out of high school because I felt it was my civic duty to serve my country. My family has a long history of military service, and I followed in those footsteps. I served as an airborne reconnaissance scout until my accident. We were doing the same kind of parachuting that smoke jumpers do, which means jumping into tall trees intentionally while wearing a Kevlar suit and steel helmet, and then rappelling down on a rope. Smoke jumpers practice that so they can go where the fires are, right into deep forest. We airborne scouts did it so we could parachute into areas where the enemy would not expect paratroopers to land. It all went famously during daylight, and we did several successful jumps, but when we tried it at night … not so much. ;) It was hard to hit the treetops in the dark, and several of us landed on the sides of the trees. My chute tore loose from the branches before I could rappel down and I fell about seventy feet. I ended up with a fused spine and a couple of steel rods in my back. Still, I have no regrets. Army Airborne made me the man I am today (to paraphrase a line from Starship Troopers). All kidding aside, my experiences in the Army did shape my mindset. Frankly, my parachuting accident was the second time I came close to dying while in service, and by all rights I shouldn’t still be here, so for me this is bonus time – which makes it difficult for my enemies to intimidate me.

    Daily Bell: When did you join Rep. Ron Paul’s DC staff?

    Stewart Rhodes: Right after I graduated college in 1998. I wanted to work in DC for a year before attending law school, but I wanted to work for an honorable man, who took his oath to the Constitution seriously. Congressman Paul was the obvious choice. He is beyond a doubt the most honorable man in Washington DC. I consider it a great stroke of good fortune and an honor to have been able to work for him even for just a year.

    Daily Bell:
    You won a prize for the paper “Solving the Puzzle of Enemy Combatant Status” at Yale. What was that about?

    Stewart Rhodes: My 2004 paper (available at: http://oathkeepers.org/oath/2010/11/09/solving-the-puzzle-of-enemy-combatant-status-stewart-rhodes/) addressed the dangerous and unconstitutional Bush Administration claims that the President, as Commander-in-Chief, can have anyone, even American citizens, black bagged and held in military detention and then, if he so chooses, tried by a military tribunal (made up of his hand-picked officers) and executed. Such a practice is a direct violation not just of the right to Grand Jury indictment and jury trial under our Bill of Rights, but also violates the Article III Treason Clause, which very clearly mandates what must be done with Americans accused of making war against their own nation or of aiding the enemy in wartime – they must be tried for treason, in an Article III court, before a jury of their peers, and there must be two witnesses to the overt act or confession in open court before the accused can be convicted and executed. The Bush Administration claimed that the powers of the President as Commander-in-Chief trumped the Bill of Rights, and his lawyers willfully sidestepped the Treason Clause.

    Until Bush, only two other presidents in our history, Lincoln and FDR, claimed such a power. My paper compared the executive orders and actions of Lincoln, FDR, and Bush, to show how similar they were. Lincoln detained over 13,000 Northern civilians in military brigs, and had over 4,000 of those tried by military tribunals that answered only to him. Some of those tried by tribunal were then executed. Thankfully, the Supreme Court stuffed the “martial law genie” back into the bottle by ruling Lincoln’s actions unconstitutional in Ex Parte Milligan, 71 U.S. 2 (1866). In that case, the Lincoln Administration lawyers had this to say of the Bill of Rights:

    These, in truth, are all peace provisions of the Constitution and, like all other conventional and legislative laws and enactments, are silent amidst arms, and when the safety of the people becomes the supreme law. By the Constitution, as originally adopted, no limitations were put upon the war-making and war-conducting powers of Congress and the President.

    The Milligan Court rejected that argument in the strongest of terms, stating that “[n]o doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of [the Constitution's] provisions can be suspended during any of the great exigencies of government.” But then FDR opened the martial law bottle back up when he made similar claims of absolute power. Not only did FDR detain over 100,000 Japanese-American citizens in military detention camps by Executive Order with no due process whatsoever, he also claimed the power to try citizens before his hand-picked military tribunal, and he did just that with one German saboteur who claimed to be a citizen. Unfortunately, the New Deal Supreme Court ruled that military trial of a citizen “constitutional” in Ex Parte Quirin, 317 U.S. 1 (1942).

    It is that Quirin precedent from 1942 that laid around “like a loaded gun” until it was picked up by the Bush Administration and used to construct the modern “enemy combatant” doctrine, which the Supreme Court substantially upheld in the 2004 Hamdi v. Rumsfeld case, ruling that”[t]here is no bar to this Nation’s holding one of its own citizens as an enemy combatant.” According to the majority on the Court, the mere labeling of a person as an “enemy combatant” removes the shield of the Bill of Rights and replaces it with a new judge-created system of minimal administrative process to “challenge” that designation. Scalia’s dissent in Hamdi is particularly instructive on how dangerous and unconstitutional this practice is, and I recommend that readers of the Daily Bell take the time to read it (http://www.law.cornell.edu/supct/html/03-6696.ZD.html).

    Unfortunately, Obama has done nothing to refute, renounce, or disavow such claimed powers. To the contrary, Obama has merely continued Bush’s reasoning, and now claims the power to assassinate any American citizen he thinks is an unlawful combatant in the war on terrorism, and he further claims that his citizens hit list is secret and that not even a court can review who is on it, and by what “secret” criteria he constructs his list.

    The modern resurrection of these dangerous doctrines, which apply the international laws of war to the American people and treat them the same as foreign enemies on foreign battlefields, is one of the principle reasons I founded Oath Keepers.

    Click Here to read the entire interview at The Daily Bell

    Comment by bonfiresblog | November 23, 2010 | Reply

  11. Several Oath Keepers to speak at 2010 Boston Tea Party

    Stewart will be in Boston for the 2010 Boston Tea Party on Dec. 12th at 12 PM. There are several other Oath Keepers on the peaking schedule as well. Oath Keeper Board Member Sheriff Richard Mack – author of “County Sheriff, America’s Last Hope”. Oath Keeper Chaplain Pastor Garrett Lear – The Patriot Pastor and pastor to patriots. View the flyer below. For complete Tea Party info, please visit the following link for event website.
    BOSTON TEA PARTY 2010

    Comment by bonfiresblog | December 10, 2010 | Reply

  12. Oath Keepers ~ Inland Empire
    Now that we officially have an Inland Empire Chapter of Oath Keepers, I’d like to make a personal pledge that no stone will remain unturned, no tree remain unshaken, and no barriers placed preventing our quest to make the Inland Empire a self sufficient and stand alone example of what a single minded group of people can do once formed and put in action.

    I have been given assurances by higher powers that, in very short order, the National organization will be providing us with a current roster of all California Oath Keepers residing in the Inland Empire so that we may initiate contact with each of you directly and begin the formation definable and sustaining sub-areas within the Inland Empire.

    For clarity, we have loosely defined the Inland Empire as being bounded on the West by Corona/Pomona, on the East by Banning, on the North by Victorville, and on the South by Temecula. ~ Truly a neat package bounded by geographic landmarks and and the entire area easily drivable in less than a day.

    If you fall within this boundary and want to get a head start on National, contact Steve Simpson at bjo4s@aol.com or by phone at (951) 788-4024.

    Of primary importance will be designating willing leaders in the major population centers and set about building a solid membership core in each of these major areas.

    If you currently live in this area, or even outside of this area, and Orange County is farther to travel for you, than for you to attend the Inland Empire Chapter of Oath Keepers, and you would like to be a part of our Organization that is closer to you geographically, than we strongly urge you to contact our Inland Empire Chapter Director, Steve Simpson, and get locked into that Chapter.

    Contact: Steve Simpson
    bjo4s@aol.com or by phone at (951) 788-4024
    Inland Empire (CA) Director ~ Oath Keeper Since 1965
    NRA Certified Instructor ~ Army Expert Marksma

    Comment by bonfiresblog | March 9, 2011 | Reply


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