The Loss of Liberty

Since the end of the Civil War, our liberty has been methodically slipping away.  The purpose of this paper is to explain, chronologically how this has happened, and a plausible approach to rectify the condition.  If we don’t make the effort, our country, the country invented and fought for by Jefferson, Franklin, Adams, Washington and the other founders, will be lost forever.  So read and contemplate what follows:

  1. The Declaration of Independence in 1776 said we have unalienable rights granted to us by nature and nature’s God.  Accordingly, we the people are soverign and forever retain the right to alter or abolish a government, or even institute brand new government.  In effect, the people are the government.
  1. The United States Constitution in 1787 said, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.  The nation was to be a nation of self-governing people.  We hire people to work for us in the functioning of government.  If they don't do the job we remove them.
  1. The 10th Amendment in the Bill of Rights, ratified in 1791, said "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."  The Federal government was given 18 authorities, and none of them were to legislate for a state or for the people in their private capacity.
  1. Prior to the 14th Amendment, there was no such thing as an "American" citizen; there were only Viriginians, South Carolinians, New Yorkers, etc.  This is an important fact demonstrating state sovereignty; i.e., the states existed first and created the Federal government.  Most importantly, this fact proves that Daniel Webster's arguments against nullification in 1832, which claimed that the Federal government was created by the American people as a whole rather than the states, were bald faced lies.  This is IMPERATIVE to a proper understanding of the separation of powers in our federal republic of sovereign states.  Without this understanding, governmental powers are usurped and consolidated into a centralized “monster” over time.  And this is exactly what the Founders feared and exactly where we're at today.  The 14th Amendment established national citizenship for the first time. It was adopted (and precariously ratified) in 1868, and said, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."  In other words, we are citizens of the United States AND of our respective State . . . kind of dual citizenship. The 14th amendment was created by statute and is foreign to the original organic constitution. Some say it was never ratified according to constitutional instructions, and it’s only a contract.  Citizenship historically comes from the nation you are born in.  In the formation of this nation, each state was an independent nation-state so you had the citizenship of your state until the 14th Amendment.
  1. "Reconstruction" after the Civil War, and then the "Trading with the Enemy Act" of 1917, started the process of converting our rights into privileges.  Common Law, Equity Law and Admiralty/Maritime Law didn't apply, so there was another "secret law" that had jurisdiction under the Act.  It was Martial Law.  And this is still in effect!  Lincoln declared martial law and it has never been repealed. We are living under what is termed Martial Law Rule under the doctrine of necessity.  Martial Law Rule is rule by a military government in which the president is the Commander in Chief.  It is not military in the streets.  Under our form of government martial law rule does not have to be announced to the people.  By definition, citizens of the United States are the "Enemy" of the United States.  Yes, and the enemy has no rights.  Now, our rights must be given to us by the government in the form of privileges.
  1. FDR sustained the secret martial law rule via the "The Trading With the Enemy Act", as amended, and the "Agricultural Adjustment Act, Emergency Powers" of May 12, 1933, inventing numerous controls and licenses to keep the public in check.  Under Roosevelt we were conquered by the bankruptcy and the declaration of war against us by a cabal of international bankers with assistance from the inside.  Under the international law of war on land, the conqueror has the right to give the conquered new law and new money.  We got The Law Merchant, the law of negotiable instruments [contract law], and Admiralty law, the law of the sea. You have no rights under contract law, and in Admiralty law the captain of the ship is God.
  1. The Supreme Court became a party to the "Covert War" with its Declaration supporting the Emergency Act of 1937.  Roosevelt placed every department of government under the direct control of the executive branch. The separation of powers was destroyed. He turned the Republic into a democracy. He created federal agencies and then re-delegated his law-making powers [the president has no constitutional authority to make law, only to veto it].  You now have government by appointed bureaucrats making rules and regulations called "law" with no constitutional authority.  Under Roosevelt, D.C. municipal law was enforced in the states through their "grant in aid" programs, which is a form of financial blackmail.
  1. The Progressive philosophy is manifest in FDR's 1944 "New Bill of Rights" where permission, and so-called "rights" should be granted by the government to the people, including; a job, minimum wage, regulated prices, monopoly control, a home, health care, social security, and an education.  All of this would be funded by the people and provided to the people by the government. The Federal government, under the 14th amendment, transferred the former slaves to the Federal government.  The 14th Amendment was to give citizenship to slaves, but the states didn't want to support it.  Slaves were viewed as government chattel.   All 14th amendment citizens, black, white, Native Americans, Asians, etc. are also viewed as federally owned chattel.
  1. Presidents from Nixon on through Bush have used the Executive Order as a way of circumventing the Congress and the Constitution, but it's sanctioned by the 1917 Act that started our departure from liberty.  It's done because of what Roosevelt started.  No government ever surrenders power. They enlarge it all they can. The Amendatory Act passed under Roosevelt stated that all legislation wanted by the president would automatically be passed, under Roosevelt, and for all future presidents. This started the tradition of not reading Bills because they are already passed and approved by Congress.

So at least historically and under color of law, we have lost our God-given rights and even property to the Federal government.  It seems like we still have freedom, but if "We the Enemy" violate the rules, the Martial Law "military" will enforce them.  The seat belt law is a simple, but good example . . . no injured party, no damage, it happened on land not on the sea.  So what law has jurisdiction?   Not Common, or Equity, or Admiralty/Maritime.  Well, it's obvious.   It's Martial Law.   But, there seems to be a "chink" in the United States armor when it comes to preventing our individual liberty and the rights of the States.  The door may be slightly open to correct this.  Let's see if we can play it back . . . Under Roosevelt, the state became the victim.  Any rule or regulation you violate as a 14th amendment citizen injures the government because you violate the contract.  It works like this, we accept the contract to obey, and government’s Oath to obey the constitution is their part of the contract.  Any way you look at it, they have violated their contract and to this very day, the Congress and Administration continue their fiscally irresponsible actions, which must be considered criminal.  The perpetrators deserve to go to jail.   Here is an approach to bring this country back to its fundamentals.  It will not be easy, but it’s worth serious consideration.  So read on and learn:

  1. Martial law, condoned and secretly established by the 1917 and 1933 Acts must be rescinded because there is no war in the country.  It's ludicrous and dishonest to claim that there is.  It is an imperfect war and citizens who go to war with their government are said to be in open rebellion. We were declared to be the enemy because we had our own gold that the government wanted to give to the bankers. It was blatantly unconstitutional and done with no authority but what they gave themselves.
  1. The Emergency Act of 1933 must be overturned and eliminated by Congress.  This will stop the awesome power of the President through Executive Orders.  It will end executive rule.
  1. Eliminating the emergency legislation will invalidate the right of the United States government to grant so-called "rights", permissions, licenses, and retroactively remove all of the barriers to freedom that it caused.  It will render unconstitutional Federal agencies null and void and will end Federal jurisdiction in the states, and will end the Law Merchant (law by contract) and it must bring back money of substance in order for us to recover our American Common Law, which will give us freedom.  The Federal government will not do this without a fight.
  1. Employ the concept of "Venue" which proclaims the county court of original and exclusive jurisdiction is the Supreme Court.  This is related to the people, the posterity, that understand birthright, and that's the inheritance from God, the right of inheritance, the Law of Descent.  If the country belongs to the people, the law must also belong to the people.  We then have PRIVATE  INTERNATIONIAL  MARTIAL  LAW  RULE.
  1. Legally make the conversion at the county level, and then convert all of the State counties so that the entire state has shed the scourge of the War Power Acts, enlist the support of other converted States, and finally convert the Federal government.   We take the states back through the counties, and then state by state. We can then return to the status of independent Nation States.  The sheriff has more authority in his county than the president of the United States.  He is still the only constitutionally elected officer in the country.  His job is to serve the people, who are the government.  Now we're back to square one.

Fred Arbogast

Arnold, CA

August 19, 2009

Legal perspective by Joyce Rosenwald


Joyce is working with former California State Senator Don Rogers.  He loves her plan and is thrilled she told him about it.  He believes it is doable with cooperation of other state officials.  California, as well as every other state in the union, has no codified general law, which is public law.  This in itself proves we are living under private law.  Law is extremely difficult for most people to understand.  One shouldn’t apologize for not having a full understanding of it.  All our constitutions have been changed to try to make legal what is unconstitutional so in California we have to revert to using the original constitution of 1849.   She told Don if we take back our state we could print our own money, which will be debt free.  If we re-conquer the state, we can repudiate the Federal debt and end our state of peonage.  The constitution of 1849 states that the governor cannot place anyone into involuntary peonage without due process.  Because the governor did this, we were sentenced to a lifetime of financial slavery with no recourse and no due process.  This cannot be denied.  If the current governor does not rectify the unlawful action of a past governor, he will also be a party to the fraud.  The penal code in effect today in California makes this a crime and he can be prosecuted if he refuses to right the wrong.  Under law, we have him by the short hairs.  Now, the biggest job is to tell the people in a way they can understand in order to get their support.


Joyce passed away on July 26, 2011 in her daughter's arms.