Senate Hearing On Stand Your Ground

The original Senate hearing was postponed due to the shooting at the Navy Yard.  It is now scheduled for October 29, 2013, at 10 a.m. EST.  The Senate hearing is officially titled “‘Stand Your Ground Laws: Civil Rights and Public Safety Implications of the Expanded Use of Deadly Force.  The purpose of the hearing is to explore the civil rights and public safety implications of state laws that allow deadly force to be used by citizens to protect themselves

Two moms

Sybrina Fulton and Lucia McBath

Sybrina Fulton, mother of Trayvon Martin, and Lucia McBath, mother of Jordan Davis, will testify before the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights.

Majority members on the subcommittee are Dick Durbin (R-Illinois), Al Franken (D-Minnesota), Christopher Coons (D-Delaware), Rick Blumenthal  (D-Connecticut), and Mazie Hirono (D-Hawaii).  Minority members are Ted Cruz  (R-Texas), Ranking Member Lindsey Graham (R-South Carolina), John Cornyn (R-Texas), and Orrin Hatch(R-Utah).

The hearing will be aired live.  Check your C-Span schedule or click here for the live webcast.

Stand Your Ground Is Unconstitutional

SYG 1My position is that Stand Your Ground is unconstitutional.  The Castle Doctrine and justifiable homicide statutes are sufficient and applicable for those using self-defense.  Stand Your Ground extends on these laws, giving persons the right to harm or take human life in public places, without it being necessary for them to defuse the situation by walking away.

By Stand Your Ground laws having that section, it effectively conveys that it’s not a law of self-defense and protection from being victimized by crime but rather, a social law that gives people who conceal carry the ability to pull their gun during a dispute and use it on those unarmed.

This means that a person in a mall whose toe is stepped on, can kill and claim that they were afraid of receiving great bodily harm or death because of how the other person appeared to them.

It also means that people can be profiled based on their physical appearance and/or how they walk.  Innocent people can be confronted, and killed, unless they submit to private citizen strangers that profile them as threatening. That in and of itself is a violation of civil rights.

Additionally, although Stand Your Ground law does not provide for immunity from prosecution when the person claiming self-defense is the initial aggressor, by eliminating the only other witness, defendants can keep their initial aggression secretive and still walk free.

Stand Your Ground is not a law of self-defense.  Rather, it’s a law of culture and social order, giving people the right to shoot first based on their perception of others who intend them no harm.

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The right to self-defense applies to everyone and not only those armed with a firearm.  Conceal carry goes hand-in-hand with stand your ground law. Conceal carry is not equal protection under stand your ground law.  Stand Your Ground law gives those with firearms an advantage over those unarmed.  An unarmed person who stands their ground is compelled to use whatever they can in exercising self-defense, while the person armed with a gun can kill and claim any wounds inflicted upon them as giving them the right to use deadly force.   By killing the onlyRests other witness, they can have a day old scratch on a pinky finger, paint a story around how they got it from the person they murdered, and walk free.  Or, they need no injuries at all — just a reasonable fear. That reasonable fear can be as simple as saying the person was larger and looked scary.

Stand Your Ground Is Rooted In Sovereign Citizenship Ideology

Our federal legislators need to take a serious look at the conception of Stand Your Ground law.  Stand Your Ground is a part of sovereign citizen ideology.  That in fact, the phrase “stand your ground” is common among sovereign citizens, from resisting a traffic ticket, not filing tax returns, and practically any law that they do not want to obey.  They believe that they are above the law because they believe that the government is illegal and imposes laws upon them that were legislated to prosecute others. If you are not familiar with sovereign citizenship ideology, a quote from one of their website’s lays the foundation.

“Like our Founders, we believe that the role for our central government, as defined by the Constitution and outlined in The Federalist Papers in 1787, was, and remains the correct role. To this end, we also believe that the constitutional federalism envisioned by our Founders and outlined by our Constitution’s Bill of Rights was grossly violated by our 16th president, Abraham Lincoln.”

This is referring to the Emancipation Proclamation and subsequent three Reconstruction Amendments to the Constitution, specifically the Thirteenth, Fourteenth, and Fifteenth Amendments.

The Thirteenth Amendment abolished slavery and involuntary servitude.

The Fourteenth Amendment contains the Citizenship Clause, Privileges and Immunities Clause, Due Process Clause, and Equal Protection Clause.  The Citizenship Clause overruled the Supreme Court’s decision in Dred Scot v. Sandford (1857), which held that Americans descended from African slaves could not be citizens of the United States.  The Fourteenth Amendment made United States citizenship primary and state citizenship derivative. The primacy of federal citizenship made it impossible for states to prevent former slaves from becoming United States citizens by withholding state citizenship.

The Fifteenth Amendment prohibits the federal and state governments from denying a citizen the right to vote based on that citizen’s race, color, or previous condition of servitude.

SC cop

FL Cop Who Is Sovereign Citizen

Sovereign citizenship came to the spotlight in 1995 when Timothy McVeigh bombed the Murrah Federal Building in Oklahoma City in retaliation for the Bureau of Alcohol, Tobacco, and Firearms assault on the Branch Davidian compound at Waco Texas in 1993.   It was then termed the “militia” or “patriot” movement but the common beliefs do not change regardless of what they call themselves.  They believe there is a conspiracy by the federal government to disarm Americans.  The goal of this alleged conspiracy is to allow Jews, Blacks, Russia, China, Saudi Arabia, international bankers, socialists, etc., assume control of the country.  They believe that the disaster at Waco, the Brady Bill, and the ban on assault weapons are all part of a single plot and only tip the conspiratorial iceberg.

RepealMost sovereign citizens directly associate stand your ground laws with the Second Amendment and to the exclusion of Fourteenth Amendment citizens. Sovereign citizen ideology distinguishes between citizens, believing that there are Fourteenth Amendment citizens, and citizens by the original Constitution and the Bill of Rights. The former, so-called “Fourteenth Amendment citizens,” have a status inferior to the latter, so-called “sovereign” or “organic citizens.”

The exact legal details of this inferiority vary among the theorists. Some believe that all amendments after the Bill of Rights are currently void and accordingly, Fourteenth Amendment citizens are not really citizens at all. Others believe that the Constitution and the Bill of Rights are God’s law and as such may not be changed, but later amendments reflect only the will of men and as such may be repealed.  Accordingly, Fourteenth Amendment citizens could lose their citizenship and rights through constitutional amendment.

In 1985, under the pseudonym James O. Pace, William Daniel Johnson, a Los Birth certificateAngeles corporate lawyer and White separatist, proposed a constitutional amendment that would revoke the American citizenship of every nonwhite inhabitant of the United States.  In 2010, he was still actively supporting white nationalist causes, serving as chairman of the American Third Position political party (renamed American Freedom Party in 2013), and wants to run racist candidates nationwide.  The amendment would first repeal the Fourteenth and Fifteenth Amendments.   His amendment did allow for citizenship of “Hispanic whites” if “they are in appearance indistinguishable from Americans whose ancestral home is in the British Isles or Northwestern Europe.”  The Amendment is called “The Pace Amendment.”

Stand Your Ground Used To Circumvent Reconstruction Amendments

Not succeeding in getting Congress to repeal constitutional amendments, sovereign citizens work through state governments to legislate laws to circumvent those amendments.   Stand Your Ground is one such law intended to circumvent the Thirteenth, and Fourteenth Amendments by giving authority to sovereigns over Fourteenth Amendment citizens.  Some states have now passed, or are passing voting laws to circumvent the Fifteenth constitutional amendment.

By ballot or bulletBefore calendar year 2008 and the birth of the Tea Party, America wasn’t taking sovereign citizens seriously and did not anticipate that they would infiltrate and persuade politics.   They want their country back, if not by ballot, then by bullet.  Stand Your Ground is one way they seek restoration, which is their word for repealing all post Civil War constitutional amendments. We need to wake up.

Sovereign citizens generally believe that the Second Amendment implies that citizens are sovereign, possessing a God-given, inalienable right of self-defense.  Think about that.  In sovereign citizen ideology, Fourteenth Amendment citizens are not sovereign and therefore, have no inalienable right of self-defense; they have no guaranteed access under the Bill of Rights.

Sovereign citizens believe that Fourteenth Amendment citizens are citizens under the jurisdiction of the United States by consent, whereas the sovereign citizen is not under jurisdiction of any law or court.

Dog whistleStand Your Ground law provides for citizens to murder at-will, without answering to law enforcement authorities.  This is to instill fear and oppression in “Fourteenth Amendment” citizens, and return to pre-Civil War culture.  Only now, instead of using ropes to lynch, guns are used.   As expressed on one sovereign citizen website:

“When Mommy’s and Daddy’s teach their children the penalty for aggressively attacking someone includes the possibility of being shot and/or killed, then people will no longer act as such.”

That article goes on to say that in the 1800’s before the government created self-defense and gun control, that people killed others “on the spot” and there was “[N]o trial, no charges, no sentence and no prison care.”

Can you hear the dog whistles?

While law enforcement agencies are busy doing what they do, they have not kept up with how sovereign citizenship is using strategies against the government, by using the government.  As we heard from Maddy, Juror B 29 on the jury deciding George Zimmerman’s case, she said the way the law was read to her, that the jury could not convict Zimmerman for murder unless the prosecution proved he had intent.  That rendered all of Florida’s homicide laws to have no effect.  The verdict surpassed intent to acquit Zimmerman.  His case was actually the test-pilot for using sovereign citizenship ideology in the court to circumvent homicide laws whenever self-defense is claimed.

Further readings: http://www.saf.org/journal/9/wm2.htm

http://www.splcenter.org/get-informed/intelligence-files/profiles/william-daniel-johnson

Posted on 10/26/2013, in Conceal Carry & SYG, Department of Justice, Justice For Trayvon, Potpourri and tagged , , , , , , , . Bookmark the permalink. 24 Comments.

  1. Jueseppi B.

    Reblogged this on The ObamaCrat™.

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  2. Thank you Xena.

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  3. Xena, your article is outstanding! Bravo!

    Your article here on the unconstitutional Stand Your Ground law and the agenda of sovereign citizens HAS to be THE best article written this year on this topic, whether in newspapers or on internet!

    Thank you for all the work you have put into your incisive, educational, comprehensive and CLEAR article.

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    • @Yahtzee. I am humbled by your words.

      Some years ago I was subscribed to a Yahoo group whose focus was on judicial reform. A couple of newbies joined and while some of their arguments sounded good, there was something about their delivery that was off. It bordered on being cultic and soon became obvious that they were recruiting.

      Their hypothesis came from weird conspiracies making their conclusions false.

      The scary thing is that there were attorneys in that group and they didn’t pick up on the code words. Another scary thing is that I met a person who I invited to join that group and after he did, discovered that he believes in sovereign citizenship. Well, since I invited him, he thought that he had some type of persuasive power over me, but I used it instead to learn more about sovereign citizenship. Calendar year 2008 became a turning point for them when their scheme to prevent the election of a “fourteenth amendment” citizen failed.

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  4. blushedbrown

    Bravo Big Sis Bravo

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  5. OMG!! Will you two stop!! LOLO (Hey there brownie:)

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    • blushedbrown

      Hey Girl!

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    • (Edited)
      By the way i have to say this post was most enlightening! i’ve only heard about sovereign citizens from you just from random comments you’ve mentioned them in so this was an education for me! i hope everyone reads this and takes it seriously! i also think it should be sent to every democrat on that committee in time for the hearing on tuesday, of which i’ll be glued to the TV watching! but omg ted cruz is on??!!! how is that clown is in elected office? how did he get in congress? this is absurd! i can’t believe he wasn’t baker acted! he has got to go!!

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      • @Shannon.

        ummmmm calm down!!

        I’m calm. 🙂

        and please go ahead and delete my comment too- it was just explaining what i was talking about, i didn’t mean to upset you at all, it was the opposite really. i truly thought that vid was ironic! so please forgive me i’m sorry. 🙂

        No need to delete and no need to apologize. There’s some history there. Just let’s say that those supporting Zimmerman do not support him. Think of it this way — if they don’t give him the attention he craves, why should I? So, on second thought, I will edit the comment and delete my responses.

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      • @shannon. Sovereign citizens are a danger to America because they recruit people who have no knowledge of the roots for their ideology. Since about 2008, they have attracted people who are angry with the government by feeding them theories on how the government is “unlawful.” Seldom do new recruits know the roots that set the foundation. And, they are persistent folks who have no problem harassing others to do their dirty work by using cultic persuasion. For instance, they use phrases such as “If you’re not part of the solution, you’re part of the problem.”

        They appealed to Ted Cruz’s desire to be in politics. What he did in shutting down the government demonstrates how they try to circumvent law. The ACA is law, but shutting down the government in effort to not fund it was his way of circumventing that law. In other words, sovereign citizens have progressed from violating city ordinances and State regulation, to infiltrating government decision makers to do their dirty work for them.

        Not being successful in have Reconstruction Amendments appealed, conceal carry and SYG are ways they use to exercise what they call “common law” to circumvent those amendments.

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  6. Xena, thanks for the explaining the 13th, 14th, and 15th amendments, as I believe I slept thru civics in school. I thought it was clear to me now, but perhaps I’m not. If I am understanding this correct, in the Bill of Rights, descendants of African Slaves could not become citizens, the 14th amendment overruled that. So my question is, is it the belief that all black people are descendants from African slaves, and how cold that be proved weather a black person was, as we all know not every black person was a descendant from African slaves. When I began looking at reasons that reparations were denied, one of the answers I frequently ran across, what the fact that slavery ended so longs ago, it would almost be impossible to prove that they were a descendent of a slave.

    So this kind of follows my next question in regards to Trayvon, and the test. If there are those who believe in sovereign citizenship ideology, and the fact that their scheme to amend the 14th amendment, which had the scheme passed, would then state descendants of African slaves are not citizens, pertain to Trayvon. Are they saying that George had the right to stand his ground without question because Trayvon was black. To me that signifies it is their belief that all blacks are not citizens because they are descendants of African Slaves.

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    • @dreamer.

      To me that signifies it is their belief that all blacks are not citizens because they are decendants of African Slaves.

      That’s it in a nutshell. Include “naturalized” citizens within that ideology too. That means that Mama Zimmerman is a Fourteenth Amendment citizen according to sovereign citizens.

      In recent years, they have used whomever they could of any race in effort to test their theories, including Wesley Snipes. At least in his case, the men (Florida SCs) who talked him into trying out their income tax theory also went to prison.

      I know of a sovereign citizen who went about approaching Blacks with his theories and tried persuading them to carry them out in court on the basis that since they are Black, the court might agree rather than have a “riot.” (sigh) They — are — way — out — there.

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      • OMG!~ wesley snipes? he got suckered by them??!! i can’t believe it!! i know him & woody harrison, and i know woody has gone thru some strange phases through out the years, like when he suddenly decided clothing “represses his creativity” and wesley just laughs it off and says woody lost his fuckin mind again, he’ll find it under the bed where he lost it last month! ( ICYDK they’re close friends) but i never knew what wesley’s real reasons were for not paying taxes, i figured it was typical hollywood arrogance! but this makes much more sense because he’s really not an asshole like that, this sounds like he was brainwashed by the SC, just like woody has been- though not by these ppl we’re talking about now!
        But no wonder those two freaks are such good friends-they both have completely lost their minds!

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        • @Shannon. Know what’s funny, the SCs had Wesley write a letter to the government saying he is a “a non-resident alien” of the United States.” See how the SCs used their Fourteenth Amendment theory to get Wesley to test their “taxes are unlawful” theory?

          The two guys who recruiting and persuaded Wesley are Douglas P. Rosile and Eddie Ray Kahn. Both were convicted on conspiracy and false claim charges in connection with the income tax refund claims filed for Snipes. Kahn was sentenced to 10 years in prison and Rosile (a delicensed accountant) to four and a half years.

          Attacking the lawful filing of income taxes is a progression from SC days when they sold packages and seminars to teach people to place property in Trusts to keep out of reach of creditors. It was in the 1980’s, 1990’s that SCs made their way through the Midwest, attracting farmers to take on the courts. That didn’t work either and in addition to the farmers losing their land, they were also put in jail.

          Wisconsin Law Review reported on Sovereign Citizens.
          http://famguardian.org/PublishedAuthors/LawReviews/WiscLawRvw/UsurpOctJurAuth.htm

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          • I am slowly beginning to understand all of this.

            I am glad the discussion is progressing with Dreamer and Shannon commenting and asking questions, and you, Xena, adding more info in your answers.

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  7. Let’s lift Sybrina and Lucia up for their testimony before the Senate.

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    • I am so moved every time that I view your video, Xena.

      Sybrina, you are in my prayers and I send you loving support for all that you do. Bless you, Sybrina, and may you always be supported by God’s love, strength and presence.

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      • Sybrina, please know that I walk with you as you continue to seek justice for your beloved son and as you seek for the repeal of the stand your ground law.

        I admire your beautiful spirit and respect you tremendously:

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