Tuesday, November 11, 2008

Guilty Until Proven Innocent

It is becoming more and more common for folks to accept their position of constantly proving to the authorities that they have not broken any laws. The State has been making “laws” for years that have subtly done away with the assumption of innocence.

The particular laws cannot coexist with the particular liberties. One or the other must cease existence.

Sadly few people even notice when these tyrannical laws are passed or when they are even directly affected by them.

Take for example the Tennessee law that requires every driver to carry proof of insurance. You cannot have this law and the principle of innocent until proven guilty.

One must pay close attention to the laws to see how legislators have made it the responsibility of the citizen to prove his innocence. Perhaps the most aggressive example of this comes from the IRS in the form of tax audits.

They announce to the taxpayer that they will be investigating them for tax fraud only they call it an audit. It does not sound so bad that way. Also, by not calling it an investigation, they feel as though they need no evidence of wrongdoing or reasonable cause for suspicion.

The next step for the IRS to take in convicting you is nothing. It is up to you to prove your innocence. Of course everything you say can and will be used against you, but remaining silent in this case is “illegal.” Refusing to address these warrantless charges void of any evidence makes you “guilty.”

In short it is an inquisition. All of these laws become that. When stopped for speeding or not wearing a seatbelt, one may also be charged with other crimes if they cannot prove on the spot that they have not broken other laws. Unless there is some reasonable cause to suspect that one is driving without a license or without insurance, then the officer has no authority to fish for such offenses.

But they do and Americans capitulate.

This idea goes along with an earlier post about the State redefining rights. They are the ultimate wordsmiths and they will do as they please with laws in the name of the “common good.” The problem is that they have no authority to pass such laws.

A former law cannot be canceled out by a new law unless the former is repealed. The former takes precedence in this case. So when the officer asks you if you have proof of insurance, you might ask him if he has proof otherwise. It is not in the authority of the State to require from the people constant proof of not breaking the laws.

Perhaps it is the desire for tranquility; non confrontation? Perhaps Americans have forgotten their fathers’ fight over lesser grievances than today. Whatever the case may be, it is becoming a sad situation when one does stand up to unlawful authority and the masses condemn him. The maxim of Americans has become, “We must comply.”

Innocent until proven guilty is no longer applicable here and apathetic Americans are as much to blame for this as a corrupt government.

Now in closing, some readers might think that this is all trite, unworthy of provocation. To you the author declares two things. First, government is a monster that gets bigger and harder to control the more it “eats.” If you are unwilling to at least speak out against this now, then you are contributing as stated above.

The second declaration comes not directly from the author, but from a man who has witnessed the battle in its various stages. He was a man that has gotten in some cases a bad reputation as an agitator. After all, according to modern standards, he was in fact an agitator, though some still call him a Patriot.

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may your posterity forget that ye were our countrymen.” --Sam Adams

2 comments:

Jeff ( Va. Rebel ) said...

Very good article and also the one with the man 'n couch . So many rules and regulations have been
incrementally imposed upon us over the years , that most folks just accept it as normal and voice no concern .

The list of idiotic and menial intrusions
( and they're virtually endless ) all add up to a police state and the proof of a conquered mindset by the people . Perhaps not admitted or addressed , but present none the less .

Just when did the motto and creed die out - To protect and serve .

Only to be replaced with - Law enforcement . And these laws are ever expanding , ever encroaching . The whims of the conqueror as he deems fit .

Our folk often respond - well , we're still the freest
country around .. if you don't like it , leave .

We have no concept of true and unrestricted freedom anymore , we are so far from what that would entail . Besides , that is quite the defeatist attitude , is it not ?

Cops by and large have become a very cocky lot , almost daring / wishing you to resist their barked orders . You must not question - you must comply and grovel at their feet for mercy . Alot of 'em truly get off on their allotted portions of power .

Damon Crowe said...

You're right, Jeff.

Law enforcement has become a source of revenue for the municipalities. The State has every incentive make it impossible to live legally and makes every single offense punishable by fines.

At some point, I plan to state my opinion of why the criminals should never be responsible for "court costs" or fines.

I do get tired of the apathetic response of the "freest country" that you mentioned. To these folks I only ask,

"So you are going to sit on your rump and keep your mouth shut until when...? When we are the second freest? Third? At what point is it okay for me to stay here and complain about the State usurping its authority?"

It really is a stupid response. What they are really saying is that they do not care about your liberty and they would indeed rather crouch down and lick the hand that feeds them.