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