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(word processor parameters LM=8, RM=75, TM=2, BM=2)
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Taken from KeelyNet BBS (214) 324-3501
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Sponsored by Vangard Sciences
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PO BOX 1031
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Mesquite, TX 75150
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There are ABSOLUTELY NO RESTRICTIONS
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on duplicating, publishing or distributing the
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files on KeelyNet except where noted!
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October 30, 1992
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MEDRIGHT.ASC
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--------------------------------------------------------------------
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This file shared with KeelyNet courtesy of Richard Kalin.
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--------------------------------------------------------------------
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Note : KeelyNet is primarily an Alt-Tech board, so this is rare!
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THE FOLLOWING INFORMATION IS NOT TO BE TAKEN AS LEGAL COUNSEL OR
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OTHERWISE CONSTRUED AS LEGAL ADVICE. IT IS PRESENTED AS OPINION
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ONLY AND KEELYNET, THE KEELYNET SYSOPS AND THE ORIGINAL AUTHOR WILL
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NOT BE HELD RESPONSIBLE FOR ANY ACTIONS TAKEN BY THE READER THAT
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MIGHT BE BASED ON THE INFORMATION IN THIS ARTICLE.
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--------------------------------------------------------------------
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The following letter appeared in the Fall 1992 quarterly
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Journal of the American Society of Dowsers.
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--------------------------------------------------------------------
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Dear Editor:
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Thank you for your nice note in answer to my letter to the American
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Society of Dowsers.
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As I previously stated in my letter, it is completely proper for the
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Society to have an official stance regarding the practice of
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healing. It is another matter completely to fail to uphold the
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Constitution of this wonderful country.
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It is true that there are and have been many instances in which
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caring individuals have been brought to trial, and even sent to
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prison. Incarceration of patriots in every country is not new.
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However, the tide is turning in this country for two reasons.
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1. More people are becoming aware of their Constitutional
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rights, and
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2. the abject failure of allopathic medicine in anything other
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than emergency conditions.
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It is area number one, above, that I am addressing here. In
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October, 1990, Dr. Ede Koenig, DN, PhD was indicted by the
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California Attorney General for practicing medicine without a
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license. She immediately contacted Conrad LeBeau, who, like myself,
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has been urging people to use the 9th and 10th Amendments to the
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Constitution, as well as the State Constitutions, and, instead of
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trying to defend one's self against the charge of practicing
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medicine without a license, simply say the government has never been
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given the power to license anything!
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For the federal government to license would require a constitutional
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convention, and a proposed amendment submitted to each state
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Page 1
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legislature, and two-thirds of the state legislatures would have to
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OK the measure.
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For the states themselves to license, if such a provision was not
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written in the original state constitution, a measure would have to
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be presented to the state's people, and a state-wide referendum
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taken to the people for a vote.
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So, back to Ede Koenig. The judge dismissed the case and the state
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said it intended to refile charges. That was over 17 months ago, and
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no charges have been refiled. In 1989 the Arizona legislature was
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poised to pass a law restricting anyone but dieticians from giving
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nutritional advice. The National Health Federation sent Clinton
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Miller and others down, and they informed the legislature that this
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was a restriction of the Constitutional rights of the people. The
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measure was overwhelmingly defeated.
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In 1991 the Oklahoma House of Representatives passed a bill that
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would fine anyone making dentures (except a dentist) $25,000. I sat
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down and wrote a letter to every state senator telling them that
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such a law could be the cause of them being sued, since there are
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federal laws that fine and imprison anyone conspiring to deny
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someone their civil or Constitutional rights. I received several
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letters from state senators thanking me. The measure was soundly
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defeated in the Senate.
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Now, I could go on and on, telling of instances in which the FDA and
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the AMA has been slapped down in the courts. The point of all this
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is that it all depends on how you plead. And, be warned! It will
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be very difficult to get a lawyer to plead the constitutional issue,
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since they, the lawyers, WANT licensing! They use this to eliminate
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competition. So they won't ever tell you it is your constitutional
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right. They will say it is against the law, but the law is illegal.
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You must ignore the charge of practicing medicine without a license.
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You must say that this is your right under the Constitution. You
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must say that the America Medical Association is a trade
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association, and to allow them to determine who can practice any
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type of healing art is a violation of the Sherman Anti-Trust Laws,
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and a violation of the State Constitution which prohibits the state
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establishing a monopoly. OK?
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There are some losses and some wins on both sides. The main thing
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to remember is that if good people do nothing, evil will invariably
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triumph. In this case the loss might well be your life!
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We are fast approaching epidemics in both cancer and AIDS. In the
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face of public admission of the AMA that they have absolutely no
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cure for AIDS, and with the news media just beginning to break the
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news that the AMA has once again lied to the public about the
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extremely contagious nature of AIDS, public outrage with the AMA is
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at an all time high. Anyone who has any ability to cure AIDS and
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cancer is now being sought after. And in the realm of dowsing, we
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can get the answer as to what will cure AIDS. In fact, we already
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have dowsed out cures and used them successfully.
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How can anyone with any type of healing ability stand by and watch
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millions of people die, when he knows how to cure that individual?
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Will you? If they are going to put people like myself, and you
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Page 2
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other dowsers who are healers, in prison and allow thieves and
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murderers to go free, perhaps we would be better off there. We'd
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be much safer!
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Well, as Patrick Henry said, "Give me liberty or give me death!"
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Charles Hallmark
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Sulphur, Oklahoma
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--------------------------------------------------------------------
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This was such an intriguing letter that I could not help but call up
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the writer out in Oklahoma on Saturday, October 30.
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Mr. Hallmark is into homeopathic and energetic type healing
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techniques and quite an interesting fellow. We talked for over an
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hour and decided to swap some information in the field of biology.
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As you can see, I pulled up the two Amendments (9 and 10) specified
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and they are quoted below. I could not see the relationship that
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Mr. Hallmark found to make it illegal to prosecute a US citizen for
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"practicing medicine without a license", so I called him up for
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clarification.
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--------------------------------------------------------------------
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As you know, we at KeelyNet rarely get involved in such issues but
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this letter was so fascinating that it demanded a look at the US
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Constitution and the ramifications of such interpretations.
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--------------------------------------------------------------------
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The comments that follow each of these Articles are mine (Jerry) and
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are my interpretation of the Amendment aided by Mr. Hallmarks
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comments. I asked Mr. Hallmark if he could recommend a good book on
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the Constitution with all the ramifications of its various articles
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to modern society, but he said he knew of no such book.
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Although a man by the name of Mike Brown was placed in prison and
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during that time studied the Constition in some detail. He now
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travels the country helping people involved in Constitutional rights
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violations with great success. Mr. Hallmark said that Mike Brown
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sometimes writes articles that appear in A.C.R.E.S USA out of
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Missouri.
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--------------------------------------------------------------------
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ARTICLE IX
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The enumeration in the Constitution, of certain rights, shall not
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be construed to deny or disparage others retained by the people.
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-----------------------------------
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Comment : In the case of Article 9, it clearly states that just
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because CERTAIN RIGHTS are listed in the US Constitution
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does not mean that there are not MANY OTHER rights that
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US citizens AUTOMATICALLY enjoy and that are GUARANTEED
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by their specific OMISSION from the U.S. Constitution.
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And that none of the rights so listed in the US
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Constitution could be used to refuse or otherwise
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diminish these Constitutionally UNSPECIFIED RIGHTS.
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The fact that it is NOT SPECIFIED in the Constitution
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DOES NOT MEAN that people CANNOT PRACTICE medicine, so by
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the innate lack of a US Constitutional law PROHIBITING
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the practice of medicine without a license, no one can be
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LEGALLY held or convicted on such a charge.
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As the author claims, the FEDERAL government does not
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Page 3
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CLAIM THE RIGHT to issue licenses and therefore cannot
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hold it's citizens to account for carrying out activities
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which are NOT EXPRESSLY PROHIBITED OR OTHERWISE
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RESTRICTED by the U.S. Constitution.
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--------------------------------------------------------------------
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ARTICLE X
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The powers not delegated to the United States by the Constitution
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nor prohibited by it to the States, are reserved to the States
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respectively, or to the people.
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-----------------------------------
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Comment : As to Article 10, the States are not PRECLUDED from
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instituting such laws UNLESS PROHIBITED from doing so by
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the US Constitution.
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Therefore, THE STATES have the right to make AMENDMENTS
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to their OWN STATE CONSTITUTION prohibiting the practice
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of medicine or other such restrictive amendments.
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This gives to each state the power to be as restrictive
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or free as the populace of that state will allow.
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--------------------------------------------------------------------
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So, the outcome of such a charge as practicing medicine without a
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license or other charges would rely on a specific Constitutional
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Amendment prohibiting such an activity in either the US Constitution
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or in the Constitution of the State in which the offense took place.
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--------------------------------------------------------------------
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Another interesting point brought out by Mr. Hallmark in our phone
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discussion was in regard to the ability of a jury to absolutely
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INVALIDATE a law that they felt was unjust or illegal. This would
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seem to mean that a jury could absolutely ERASE A LAW that was
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passed by the state or the United States SIMPLY BY DECLARING THAT
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THEY FOUND IT ILLEGAL. And once this was done, a precedent had been
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set that essentially DESTROYED THE VALIDITY OF A GIVEN LAW and its
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subsequent invocation in further or future "violations".
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If this is true, then once such an event had transpired, any
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subsequent invocation of that law would equate to A VIOLATION of the
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Constitutional rights (either State or Federal, depending on which
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Constitution or Amendment to that Constitution applied) of the
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accused.
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It then follows that any civil servant, be it judge, policeman,
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court officers, etc. would be in direct violation of the
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Constitution and thus be subject to legal action for such
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Constitutional violation against another citizen of the United
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States. (see Article VI below)
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--------------------------------------------------------------------
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ARTICLE VI GENERAL PROVISIONS
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All Debts contracted and Engagements entered into, before the
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Adoption of this Constitution, shall be as valid against the United
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States under this Constitution, as under the Confederation.
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This Constitution, and the Laws of the United States which shall
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be made in Pursuance thereof; and all Treaties made, or which shall
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be made, under the Authority of the United States, shall be the
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supreme Law of the Land;
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and the Judges in every State shall be bound thereby,
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Page 4
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any Thing in the Constitution or Laws of any State to the Contrary
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notwithstanding.
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The Senators and Representatives before mentioned, and the
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Members of the several State Legislatures,
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and all executive and judicial Officers,
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both of the United States and of the several States,
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shall be bound by Oath or Affirmation,
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to support this Constitution;
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but no religious Test shall ever be required as a Qualification to
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any Office or public Trust under the United States.
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there are
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--------------------------------------------------------------------
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As Mr. Hallmarks letter to his local Oklahoma Senators recounted and
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which put the fear of God into them by the simple reminder :
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there are federal laws that fine and imprison ANYONE
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CONSPIRING (devising laws) to DENY someone
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their civil or Constitutional rights....
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(backed up by the aforementioned Article VI
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of the United States Constitution)
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--------------------------------------------------------------------
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I have also been told by other sources that if the accused, a
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representative of the accused or an outside party finds that a
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precedent is BEING USED which has either
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BEEN INVALIDATED by a jury decision
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OR is in direct violation
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of EITHER the US Constitution
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or a State Constitution,
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AND makes the policemen, court officers,
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judges and other involved public servants
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AWARE OF THE VIOLATION of the precedent
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or Constitutional violation,
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then ALL THOSE GOVERNMENT OFFICIALS, LAWMEN AND JUDICIARY ASSOCIATED
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WITH THE CASE ARE BREAKING THE LAW AND THEREFORE OFFERING THEMSELVES
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UP TO LEGAL ACTION DIRECTED TOWARDS THEM ON THE PART OF THE ACCUSED!
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The case is also automatically invalidated and THEREFORE ILLEGAL
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even if the policemen, court officers, judges or other involved
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public servants CONTINUE TO PURSUE legal action.
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--------------------------------------------------------------------
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Note that the following is not a DIRECT TRANSCRIPT of the
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conversation because I don't remember all the details but here goes.
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Mr. Hallmark said that in the 14th or 15th century, one of the
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English Kings had a falling out with a group of people. He then
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made a law that would directly affect these people and put it into
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motion. The group were brought to court using that new law as the
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basis of the case. The jurors listened to the law and the arguments
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Part 5
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of the group, eventually deciding that the law was unfair, unjust
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and illegal.
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The King was outraged and placed the jurors in prison until they
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decided to carry out a sentence based on his new law which would
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result in the imprisonment of the targeted group of people. The
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jurors refused to comply and as time went on, the public outcry
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became so great, the King was forced to release the jurors and
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rescind his new law to prevent open rebellion.
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Similar cases have since arisen in various countries and in each
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case, the jurors decided that a law was unjust and it automatically
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became invalid.
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--------------------------------------------------------------------
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Quoting Mr. Hallmarks letter again :
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Use of the 9th and 10th Amendments to the Constitution, as well as
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the State Constitutions should be used as a defense,
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||
|
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INSTEAD OF TRYING TO DEFEND ONE'S SELF AGAINST THE CHARGE OF
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PRACTICING MEDICINE WITHOUT A LICENSE,
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simply say
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the government has NEVER BEEN GIVEN THE POWER
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TO LICENSE ANYTHING!
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|
||
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|
For the federal government to license would require a constitutional
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||
|
|
convention, and a proposed amendment submitted to each state
|
||
|
|
legislature, and two-thirds of the state legislatures would have to
|
||
|
|
OK the measure.
|
||
|
|
|
||
|
|
For the states themselves to license, if such a provision was not
|
||
|
|
written in the original state constitution, a measure would have to
|
||
|
|
be presented to the state's people, and a state-wide referendum
|
||
|
|
taken to the people for a vote.
|
||
|
|
--------------------------------------------------------------------
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||
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|
So, I suggest you study the Constitution and Amendments of your
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State as well as those of the United States to determine the degree
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of control your particular environment has on your actions.
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--------------------------------------------------------------------
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One more thing that bothers me intensely. Why does everyone refer
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to the United States and its government as a Democracy? When it was
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clearly in the Constitution to be a REPUBLIC?
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The dictionary definitions are quite distinct and specific for each
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form of government :
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republic - a state with sovereign power vested in
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representatives of the people, chosen by them and
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responsible to them
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democracy - ruled by the people
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In effect, democracy can be interpreted as MOB RULE without benefit
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of the representatives specifically ELECTED BY THE PEOPLE.
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People need to get out of the habit of referring to the United
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Page 6
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States as "DEMOCRATIC" unless we actually take steps to change our
|
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system of government. It is a decided error and quite incorrect.
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--------------------------------------------------------------------
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Another thing that confirms the existence of the United States as
|
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being a REPUBLIC - the Pledge of Allegiance specifically states:
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I pledge allegiance to the flag, of the United States of
|
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America, and TO THE REPUBLIC for which it stands, one nation
|
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under God, indivisible with liberty and justice for all.
|
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As final proof that the United States is in fact a REPUBLIC and NOT
|
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|
|
a DEMOCRACY, read the following.
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|
--------------------------------------------------------------------
|
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|
|
ARTICLE IV RELATION OF THE STATES TO EACH OTHER
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|
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|
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Section 4. The United States shall guarantee to every State in
|
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this Union
|
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|
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|
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a Republican Form of Government,
|
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|
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|
|
and shall protect each of them against Invasion; and
|
||
|
|
on Application of the Legislature, or of the Executive
|
||
|
|
(when the Legislature cannot be convened) against
|
||
|
|
domestic Violence.
|
||
|
|
--------------------------------------------------------------------
|
||
|
|
That's about the extent of this little diatribe but I found it quite
|
||
|
|
interesting to look up the details and wish to thank Mr. Hallmark
|
||
|
|
for his letter to the American Dowsing Society and our follow up
|
||
|
|
phone calls.
|
||
|
|
|
||
|
|
Admittedly, there are bound to be some errors in the above
|
||
|
|
interpretations and I would be most pleased to entertain a brief and
|
||
|
|
concise description of what they might be and what is IN FACT
|
||
|
|
correct.
|
||
|
|
|
||
|
|
At this time, I find no error in the basic premise regarding the
|
||
|
|
practice of medicine without a license as authorized by the United
|
||
|
|
States Constitution by specific OMISSION.
|
||
|
|
|
||
|
|
Again, this does not apply to ALL States as each can alter its
|
||
|
|
Constitution to encompass whatever the people will tolerate.
|
||
|
|
|
||
|
|
An excellent opportunity presents itself here. It would entail the
|
||
|
|
collection of all such Constitutional Article Violations and their
|
||
|
|
case histories as well as how they could BE SUCCESSFULLY APPLIED for
|
||
|
|
defense against such charges. This would also include a collection
|
||
|
|
of precedents in history and as overturned by various Juries around
|
||
|
|
the country (assuming this aspect is correct). Think what it would
|
||
|
|
mean to offer a book with detailed legal information on this
|
||
|
|
subject. Fame, fortune and a grateful public AWAITS!
|
||
|
|
--------------------------------------------------------------------
|
||
|
|
If you have comments or other information relating to such topics
|
||
|
|
as this paper covers, please upload to KeelyNet or send to the
|
||
|
|
Vangard Sciences address as listed on the first page.
|
||
|
|
Thank you for your consideration, interest and support.
|
||
|
|
Jerry W. Decker.........Ron Barker...........Chuck Henderson
|
||
|
|
Vangard Sciences/KeelyNet
|
||
|
|
If we can be of service, you may contact
|
||
|
|
Jerry at (214) 324-8741 or Ron at (214) 242-9346
|
||
|
|
--------------------------------------------------------------------
|
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|
|
Page 7
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