Thursday, October 15, 2009

Mr. Obama Tear Down This Wall!

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

Declaration of Independence (1776),
"The Organic Laws of the United States of
America.” (Title 1 United States Code)

even as recognized by the U.S. Supreme Court as the Law of the Land:

"As in our intercourse with our fellow-men certain principles of morality are assumed to exist, without which society would be impossible, so certain inherent rights lie at the foundation of all action, and upon a recognition of them alone can free institutions be maintained. These inherent rights have never been more happily expressed than in the Declaration of Independence, that new evangel of liberty to the people: 'We hold these truths to be self-evident' — that is so plain that their truth is recognized upon their mere statement — 'that all men are endowed' — not by edicts of Emperors, or decrees of Parliament, or acts of Congress, but 'by their Creator with certain inalienable rights' — that is, rights which cannot be bartered away, or given away, or taken away except in punishment of crime — 'and that among these are life, liberty, and the pursuit of happiness, and to secure these' — not grant them but secure them — 'governments are instituted among men, deriving their just powers from the consent of the governed.'

Butchers' Union Co. v. Crescent City Co., 111 U.S. 746, 756, 4 S.Ct. 652 (1884)
J. Fields concurring

and in concurrence with the legal fact and reality that our UNALIENABLE Rights are antecedent to any government of the United States of America and Pennsylvania, that they can never be redefined or muzzled:

“His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken away from him by due process of law and in accordance with the Constitution.”
Hale v. Henkle, 201 U.S. 43, 47 1905

and in concurrence with the legal fact and reality that our antecedent Rights can never be adversely effected or taken from us by any votes of any majorities within and without legislative bodies, elections, and constitutional amendments:

“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. " (emphasis added)

West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. Jackson)


Lawrence Olczak said...

Very interesting blog. However, I'm inquiring about your "Show Me The Note" entry dated sometime in February. Is this provision available in MI?

Thank you for your prompt reply.

Rose said...


If you read the article I posted, (which is all I post) then you know as much about it as I do.

You see Lawrence, we paid cash for this very little house we have. "Show me the note" just doesn't apply to us.

We live within our means, which isn't much but we don't OWE anyone anything.

Yellow Cake said...

Rose, you're indeed fortunate. And I've read several articles posted by a variety of authors who spoke of the provision, with not a single one offering up any specific information about any one State in particular. Besides speaking with a neighborhood lawyer, I've even taken the liberty of writing to a few website belonging to real estate atorneys. Apparently tho', not a one seems to want to volunteer any information without some poor sap first forking over a retainer fee.