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"No people will tamely surrender their Liberties...
when knowledge is diffused and virtue is preserved"
- Sam Adams

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I am posting this open letter published by Sheriff Mike Herrington, Chaves County, NM because it beautifully and succinctly describes the role and duty of the Sheriff, not only during COVID but all the time.  It is my desire that we share this letter as a way to educate others and ensure that our Sheriff's understand that it is their duty to protect our Rights, whether it be from criminals or an overreaching government.  ~ KrisAnne Hall, JD

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Posted by Sheriff Mike Herrington

Duty as Sheriff per the Constitution

May 9, 2020

Linked on Facebook Here: https://www.facebook.com/chavescountysheriffnm

Since before the birth of America the duty of the Sheriff has been to secure the Rights of the People.  This is evidenced by the Sheriff's oath of Office as a promise to the people, to support the Constitution of the United States and the Constitution of the State of New Mexico and defend them (these Rights of the People) against all enemies whatsoever.

The New Mexico Bill of Rights enshrines to every citizen of New Mexico the Right that all persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness; that No person shall be deprived of life, liberty or property without due process of law; private property shall not be taken or damaged for public use without just compensation.

Every business in Chavez County is essential when the people are dependent upon that income to provide for themselves and their families.  It is not the job of government to provide income to the people and New Mexico was built upon the principles of private property ownership, hard work, and self-reliance. To say otherwise is simply ridiculous.

As a Constitutional Officer it is my duty and obligation to defend the Rights of the people against every and all infringements.

The New Mexico Constitution establishes a strict separation of power to ensure the security of the rights of the people and that “The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others…”  Furthermore the New Mexico Constitution delegates to the Legislative branch alone full legislative power.  For the Governor to issues Orders with the expectation that they be enforced upon the people is in direct conflict with the Constitution of the State of New Mexico and the most violent defiance of the essential principle of separation of powers.

As a Constitutional Officer it is my duty and obligation to defend the Constitution of the State of New Mexico against all violations and abuses of power.

The Sheriff is not a hireling of the State.  We do not work for the Governor or the County and we are not beholden to any one person for a paycheck.  We are direct Constitutional representatives of the people, we work for the People, and therefore are the highest law enforcement authority in our County.  All other law enforcement in the State is subject to the authority of the Sheriff within their county.  That authority demands the highest respect for the Constitution and the Rights of the people; to which I intend to defend.

The question here today is whether we overturn 244 years of history and duty of the Sheriff for a new and radical ideology that replaces the duty of the Sheriff to protect the rights of the people and the Constitution of New Mexico with an unconstitutional and unchecked power exercised by a Governor that looks more like a monarch than a servant of the people.  I will not stand idly by and watch the lives, liberties, and Rights of the people of Chavez County of New Mexico violated by unconstitutional and unjust pretended authorities.

Learn more about the duty and role of the Constitutional Sheriff through KrisAnne's book Sovereign Duty available here or at Amazon

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north star

State Attorney admits that coercion and intimidation are his "North Star"

by KrisAnne Hall, JD

On March 30, 2020, Pastor Rodney Howard-Browne of River Ministries International was arrested for allegedly holding church services contrary to the Hillsborough County, Florida “Safer at Home” order.  In spite of the fact that the church observed social distancing and proper sanitary practices, above and beyond the local Wal-Mart, Sheriff Chad Chronister arrested Pastor Howard-Browne contrary to the rights enshrined in both the US and Florida Constitutions.  Shortly after that arrest, State Attorney Andrew Warren filed criminal charges against Pastor Howard-Browne alleging two misdemeanor violations punishable up to a year in the county jail and a thousand dollar fine.

On May 15, 2020 Warren decided drop the charges against Pastor Howard-Browne and filed a Notice to Of Termination of Prosecution to the Clerk of the Court.

In an article for the Tampa Bay Times, Florida State Attorney Andrew Warren said,

“In deciding whether to criminally prosecute violations of stay-at-home orders, compliance is our North Star."  

So according to Warren, the goal of the prosecutor is to make people obey.  

When Government can suppress individual speech or conduct through fear, the people will silence themselves out of apprehension of an unchecked force.  State Attorney Warren's policy is the very definition of the chilling effect our judicial system has condemned for over a century.

When a prosecutor can bring charges against someone contrary to our Rights and then sidestep accountability by later dropping those charges, the process becomes the punishment.  Due process is obliterated.

This is not the “North Star” of America's legal system.  Our North Star is that the belief that people have certain unalienable rights and the sole purpose of government is to secure those rights.  A just government does not use the system as a bludgeon to enforce the whimsical orders of the day. The goal of the prosecutor is to be a defender of the facts not a plantation foreman whose job is to whip the population into compliance.

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Email/Phone Strategy for Ending Stay At Home Orders

by KrisAnne Hall, JD

Download the email campaign as a .pdf

The key to a successful petition is persistence.  You don't need a million signatures if a hundred people will make a thousand emails and phone calls.  If it is worth contacting your representative once, it is worth contacting your representative once a day until you see satisfactory results.  Its just not enough to add your name to an online petition that will be sent off into digital oblivion.

The First Amendment reads: 

the Right of the People...to Petition the government for a redress of grievances.  The key to this right is not "petition."  The key to this right is "redress."  This is not simply an expression of our right to complain to or about our government.  It is about our right to complain and to see those complaints satisfied.

This Right of petition is deeply rooted in history and can be traced back to clause 61 of the Magna Carta.  In this promise by the King to the people, clause 61 declares that when the king or "our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security" it becomes the Right of the People to "distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon."

A one time or general email or phone call is merely a request and has very little influence or authority.  A persistent and pointed request is powerful and demands remedy.  That is how you make changes in a Representative form of government.

Here is an email/phone campaign I designed to guide you in a successfully persistent  and pointed redress of your grievances over the current stay at home orders. If you unite the people in your community to send these emails repeatedly over a period of a few weeks, you will see changes.  There are three different emails and two different phone message.  Use them all. 

Once you get the hang of it you can design your own campaign.  Perhaps you have a Sheriff that needs to understand his/her duty to defend the rights of the people over simply "enforcing the law."  Maybe you have a school board that is more occupied with getting money from the government and teaching historical error than truly educating children.  I cannot stress enough how important regular engagement is to have a healthy and liberty minded government.  We must make contact often and regularly.  WE MUST BE THE LOBBYISTS FOR LIBERTY.

"Malo periculosam, libertatem quam quietam servitutem." Thomas Jefferson, 1787

Translation: I prefer the tumult of liberty to the quiet of servitude.

Liberty is not easy, but it is worth the sacrifice and time to know your children and grandchildren will have the opportunity to be free.

Download the email campaign as a .pdf

Email Message #1

Dear (Governor/Commissioner),

America was founded upon the principle that all people are endowed with certain Inherent and Inalienable Rights.  The people of (Insert State/County)  have acted responsibly; we have acted in love and regard for our people, and our declining COVID infection rate reflects that fact.  Now it is time to let the people of (Insert State/County) do what they do best; get back to work. 

The current (Insert State/County) Order related to the COVID-19 Emergency establishes restrictions upon the people in direct contradiction of our fundamental Rights and the Supreme Law of this State.  The limit upon our assembly, the exercise of our freedom of religion, our right to assemble for a redress of our grievances are all being infringed.  Our Right to the ownership, control, and enjoyment of our property is not only being violated without due process and just compensation, but in many cases these Rights may be forever lost.

Every business is essential when a family’s provisions are dependent upon that income.  Current statistics show us that divorce, child abuse, alcohol abuse and depression are on the rise because of our inability to legally work and provide for our needs.  The people of (Insert State/County) are responsible and honorable people.  We do not want handouts, and it’s time to start lifting the restrictions upon our businesses so the people of (Insert State/County) can get back to healthy and productive lives. 

 It is time to honor our most sacred principles of government; it is the duty of the (Insert State/County) to secure the Rights of the people, not infringe upon them.  We are fully capable of operating our businesses while voluntarily engaging in the practices that will help keep our neighbors healthy. 

It is time to put (Insert State/County) BACK TO WORK.

Thank you.

Sincerely,

Sign you name, Your email, Your phone number

 Phone Call Message #1:

I am calling to say it is time to begin opening (Insert State/County) businesses, now. The limits upon our assembly, the exercise of our freedom of religion, our right to assemble for a redress of our grievances are all being infringed.  Our Right to the ownership, control, and enjoyment of our property is not only being violated without due process and just compensation, but in many cases these Rights may be forever lost.

We have acted responsibly; we have acted in love and regard for our people and our declining COVID infection rate reflects that fact.  We don’t want government handouts.  We want to work and provide for ourselves, as free people do.  Now it is time to let the people of (Insert State/County) do what they do best; get back to work.  Thank you!

Email Message #2:

Dear (Governor/Commissioner),

(Insert State/County) was built upon hard work and self-sufficiency.  We are a resourceful and responsible people.  It is time to let the people of (Insert State/County) do what we do best; get back to work.

Every business is essential when a family’s provisions are dependent upon that income.  Current statistics show us that divorce, child abuse, alcohol abuse and depression are on the rise as a result of our inability to legally work and provide for our needs.  It is time to begin lifting the restrictions upon our businesses so we can get back to healthy and productive lives.

The people of (Insert State/County) know how to use common sense to live and work safely.  Lift the Safer at Home penalties while maintaining the recommendations of the CDC so that we can provide for our families.  We are good people.  We are fully capable of operating our businesses while voluntarily engaging in the practices that will help keep our neighbors healthy.

It is time to put (Insert State/County) BACK TO WORK. It is time to begin lifting the restrictions established under our (Insert State/County) Safer At Home Order.  Thank you.

Sincerely,

Sign you name, Your email, Your phone number

Phone Call Message #2:

I am calling to say I want the (Insert State/County) Safer At Home Order lifted.  The people of (Insert State/County) don’t need to be dependent on government handouts, we need to get back to work.  We love our neighbors and know how to use common sense to live and work safely and our declining COVID numbers prove that.  (Insert State/County) can lift the Stay At Home Order and still keep the CDC Recommendations.  Let us get BACK TO WORK.

Thank you.

 

Email Message #3

Dear (Governor/Commissioner)

I am writing to say I want the (Insert State/County) Safer At Home Order lifted.  The people of (Insert State/County) don’t need to be dependent on government handouts, we need to get back to work.  Every business is essential when a family’s provisions are dependent upon that income.  Our communities are seeing divorce, child abuse, alcohol abuse and depression are on the rise because we are not able to legally work and provide for our needs.  It is time to repeal the restrictions upon our businesses so we can get back to healthy and productive lives.

We love our neighbors and know how to use common sense to live and work safely.  (Insert State/County)  can lift the Stay At Home Order and still keep the CDC Recommendations.  We know how to use common sense to live and work safely.  It is time NOW, not later.

  • It is time for the people of (Insert State/County) to get back to work.
  • It is time to open our parks and beaches.
  • It is time to begin opening our businesses.
  • It is time to remove the (Insert State/County) Safer at Home Order.

Let the people of (Insert State/County) get BACK TO WORK. Thank you.

Sincerely,

Sign you name, Your email, Your phone number

 Phone Call Message #3:

I am calling to say I want the (Insert State/County) Safer At Home Order lifted.  The people of (Insert State/County) don’t need to be dependent on government handouts, we need to get back to work.  We love our neighbors and know how to use common sense to live and work safely and our declining COVID numbers prove that.  (Insert State/County) can lift the Stay At Home Order and still keep the CDC Recommendations.  Let us get BACK TO WORK.

Thank you.

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This is guest article by the beautiful Amy Manley; a 19 year old brilliant young lady who just happens to have been homeschooled and also educated through our Liberty First University Teaching. I pray this article touches you as much as it touched me.  If we do not learn from our history, if we do not hold tight to our Constitution, if we do not defend our Liberty, Amy says, this could be...

Art Amy

 

A Vision of America in 2021

by Amy Manley

It’s the 4th of July. We have banners hanging, fireworks set to go off, hot dogs and burgers roasting on the fire, and corn and salad ready. Friends will be coming over. The banners that we have flying are inside our house. We can’t hang them outside, but still they look pretty. The burgers and hot dogs are being roasted inside on the oven, because we can’t have an outdoor fire. The police will be here too, but they shouldn’t keep us from celebrating. We get to sing a song with our friends while they sit in their cars. It is a new one. The government wrote it for us. We can’t sing any of the old ones. We were going to read the constitution... or the opening lines of it, like we do every year, but we can’t. Not if the police are present. Maybe when they leave we can try and sneak it in there.

It is so nice to be able to celebrate our freedom. Everyone arrives. We wave at them from our front door. The police get out and are standing between the cars. They are nice men. They offer to help with the fireworks. We can’t tell them no. They say we can only set off 4 of them because of the toxins they release in the air. The same reason we can’t have an outdoor fire. They say it is for our safety that they are there. I believe them. It is nice to have the government looking out for us. We only have a few hot dogs and burgers because that is the only amount we were allowed to buy at the store. We don’t have any buns because the manager at the store said the government stopped allowing breads to be sold. We tried to make our own, but we were found out. We got punished. The police came and destroyed our garden. But they gave us money to buy food. I am glad we have the freedom to buy food with their money. Our friends are not allowed to get out of their cars, but we say hi to them from our door. One of them tries to read out of the Bible, something about our freedom in Christ. The police officer smashes the window of their car, and they are taken away. At least I have memorized some of the Bible so I can think about it in my head. They should have known better.
We are not afraid of the government, we just know they want what’s best for us. To keep us safe. It is 2021. I am glad we live in such free times.

History repeats itself.
It is the year 2020.
I think of the Israelites. They begged God for a king. God gave them a ruler. They became slaves in Egypt. It was nice there. They had food to eat. They had places to live. They had to work, but at least they had work. Others didn’t. They could get married, have kids, laugh and smile. But they were slaves, but they celebrated the freedom they had. And Yet, because they were slaves, they were told to do what was against God’s Law. They were commanded to build idols and worship god’s that were false. They had a King, but now they had a great separation from God. Because they were in bondage to a King who was against God. Even when a deliverer came, they got mad at him. They said it was better before he came. (Before freedom comes, it will get harder than it is now.) But Through one man’s obedience a nation was freed. They didn’t think life was so bad. They didn’t see their need for freedom. They cried out because of pain, but did not want to pay what freedom cost. So they stayed a slave. God has given us freedom. Freedom to worship Him. He has given us free will to choose Him, or not to. Evil will fight until death to rule the Children of God, will the Children of God fight UNTIL DEATH to be Ruled by their True King?

You may think it is a sin to fight. To go against the rulers set in place. BUT I THINK IT IS A SIN TO STAND BY AND ALLOW EVIL TO BRING YOU INTO BONDAGE UNDER ITSELF. IF WE STAND BY AND LET THE EVIL LIVE AMONG US, THEN WE ARE BECOMING THE EVIL ITSELF.

I think of Noah now. The world seems so similar to those times when he lived on the earth. Sin runs rampant. Evil has soaked it’s ugly fingers into the dirt we live on and has begun to devour anything in sight. Why does God not stop it? How can we fight for what is true when others just stand by and watch.

I think of Esther now. A whole nation was going to be killed. Esther was called because of her heart.

I think of myself. I think of how little I am. How I can do nothing. How I feel as if the world will become corrupted and evil as I sit here and fight a losing battle.

Then I think again...

Moses (one man with a pure, righteous, godly heart) led a nation to freedom, whether that nation knew they needed freedom or not. He obeyed God and God changed the world through that one man.

Noah (one man with a pure, righteous, godly heart.) led his family, and the rest of the world to freedom from the sin in the old world, whether they knew they needed it or not. He obeyed God and God changed the world through one man.

Esther (one woman with a pure, righteous, godly heart) saved a whole nation and led them to freedom from death, whether they knew of her or not. She obeyed God and God changed the world through one woman.

God is not looking for bloodthirsty men and women. He is looking for righteousness. His eyes roam through the world looking for those who are committed to Him (2 Chron 16:9) Righteousness. Purity. Godliness. A heart that will obey His commands as soon as they exit His mouth. He is looking for the righteous YOU.
History repeats itself. Are you going to be the ONE. The one who stands alone honoring God in the midst of a crooked and perverse generation? Are you going to be the one who obeys God in the quiet of the morning, or the battlefield for freedom?

Will you be the next ONE.  Though none go with me, still I will Follow.

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Art Shelter in Place

Shelter in Place Orders- Things of Kings

By KrisAnne Hall, JD

The current application of State and local authority to mandate the closure of businesses and require the people to restrict their activities to a list of government approved venues under the threat of force and punishment, is antithetical to everything America was built upon.  These orders are arbitrary, deny due process, and are rife with unbridled discretion. 

Arbitrariness is the quality of being "determined by chance, whim, or impulse, and not by necessity, reason, or principle."  A shelter in place order that requires places of worship to close, where a finite number of people attend for less than a few hours once a week, but then claims that Wal-Mart and liquor stores, where a limitless number of people come and go every day, all day may remain open, is completely arbitrary.  Where is the science, where is the reason that says that people sitting in a church are more susceptible to a virus than those who go to Walmart or the liquor store?  The answer is simple, it doesn’t exist.  The decision to close the church, a shoe store, or private vacation rental property, and not Walmart is based upon a whim and an impulse, not facts or reason.  By legal standard a government’s actions are arbitrary and capricious when they are founded upon unreasonable grounds or made with without any proper consideration of circumstances, deny due process and prejudice substantial rights.  Therefore, the government’s exercise of authority in these Shelter In Place Orders to pick and choose which businesses can stay open and which cannot is by definition arbitrary and capricious.

A government’s arbitrary determination on which businesses can stay open and which ones cannot is tantamount to a regulatory taking.  There is no warrant issued for the seizure of this property. No mechanism for the business owner to challenge the government’s arbitrary determination to close their business.  When the government threatens a business owner or forcibly demands that business close, the business owner is being effectively deprived of the economic value of its property and the principal private use of that property.  Whenever a government takes private property for public purpose, both State and US Constitutions require that business receive proper due process consideration followed by just compensation equaling a fair market value for that property.   These Shelter In Place orders neither secure due process nor do they even mention reimbursement of fair market value. 

Learn YOUR Constitution at LibertyFirstUniversity.com - The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won't teach truth anymore!

Every Constitution of every State in the Union, as well as the US Constitution, acknowledge the Rights to freedom of religion and to peaceably assemble as fundamental rights.  Many State Constitutions, as well as the US Constitution, describe these rights as “inalienable rights” or “Natural Rights” meaning they do not come as permissions from governments, but pre-exist all law and government.  These Rights are not the products of governments.  To the contrary, governments exist with sole purpose to secure these rights for the individual.  Inherent in the securing of these rights is the prohibition against government defining the parameters of these rights.  When the government can arbitrarily decide that the only “legal” assembly is one of ten people or less, there is no longer a right to peaceably assemble, but a permission granted under certain limited and confining terms.  One of the most essential reasons for the right to peaceably assemble is the power the assembly brings in the Right to Petition the Government for a Redress of Grievances.  It is a truly despotic government that can create unjust and unconstitutional activity and then also possess the power to set the limits and parameters upon which the people can protest those laws.  The very same can be said about the Right to freedom of religion.  When a government can tell a body of people when, where, and how many can “legally” meet in their church, that government is defining religion and that is antithetical to everything that America is founded upon.  What is even worse, these Shelter in Place Orders not only do all of that, many have also determined that the definition of freedom of religion can be relegated and confined to an internet broadcast and all those who are unable to meet this order are simply denied their right to worship and threatened by force of government to have no assembly whatsoever.

Finally, these Shelter In Place Orders often establish that failure to comply with the order will result in civil or criminal penalties.  Yet these orders do not define the elements of their newly invented crime, the evidence necessary to prove violation of the order, nor do they establish the affirmative defenses available to the accused.  In their attempts to “ensure enforcement” of their orders, those governments have established those terms with a complete disregard for due process, evidentiary rules, and the Rights of the people to be innocent until proven guilty.  As these orders stand, it is up to the individual officer to make the determination of what is proper evidence of compliance and what is insufficient evidence that equates to a violation: American courts call that “unbridled discretion” and for decades have held that to be fundamentally unjust.

What makes all of this so very tragic is that America’s founders pledged their lives, fortunes, and sacred honor to throw off the very artifices of government we are experiencing today.  James Otis, Jr,  a lawyer whom our founders termed as the “midwife to liberty,” brought a valiant legal battle against the laws of Parliament that attempted to legally authorize what our governors, county commissioners, city councils, and mayors are doing today.  He referred to these laws as “the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book.”  In an America that once declared independence from Kings forever, we have all too quickly succumbed to king-like authority under the wiles of fear and necessity.  William Pitt, the Younger would likely remind us that “necessity is the plea for every infringement of human freedom.  It is the argument of tyrants.  It is the creed of slaves.”

Let’s be clear, I am not asserting that the individual should not choose a behavior that respects the most prudent measures available to ensure the best health and welfare of their neighbor.  But when a government uses threat and force to compel behavior and the Rights of the people are ignored and due process denied under the pretense of necessity, the people are not safe, the welfare of the people is not respected and the body of the people are in danger of becoming enslaved by the very government they’ve elected to secure their rights.  Samuel Adams said:

“No people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffused and virtue is preserved.”

At stake are the inherent rights to Freedom of Religion, Freedom of Speech, Freed of Press, Right to Peaceably Assemble, Right to Petition Government For a Redress of Grievances, Rights of Due Process, and Security in Personal Property.  These rights are simply summarized as The Natural Rights of every individual and are derived from the First Law of Nature. 

“Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.” Samuel Adams, 1772

America was not constructed upon the principle of National Security or power of National Emergency; America was built upon the Principle of Liberty.  Our founders understood the eternal and essential nature of the principles of Liberty and believed that the preservation of these Rights was more important that life itself.

 “Liberty must at all hazards be supported…” John Adams, 1765

“What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” Patrick Henry, 1775

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”  Benjamin Franklin, 1755

Perhaps it is time we begin to educate ourselves on the Constitutional Republic we legally have and the principles that truly make America great, instead of tolerating the authoritarian government we are being subjected to.

Learn YOUR Constitution at LibertyFirstUniversity.com - The Constitution as if the founders themselves were teaching it.  An education worthy of the highestest institutions of learning because they won't teach truth anymore!

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