The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
When the Fourth, Fifth, and Sixth Amendments are read together as one idea we get a better picture of what our fore fathers had in mind when they added them to the United States Constitution. They were written to protect the common citizen against any and all form of Governmental intrusion into our everyday lives.
At the time they were written the memories of soldiers and other Government Officials breaking into citizens houses and arresting people without any formal charges against them being filed were burning brightly in people’s minds. Knowing that Government without any controls and uncontrollable would lead us right back to the dark days of English type oppression and tyranny. They set out to establish controls by which the Government could be controlled by the People.
We have seen that without a proper Warrant no government official may ask any citizen for any personal information nor can they ask any citizen for any personal documentation. The Government cannot force or even on a voluntary bases ask any citizen for any personal income information or documentation. Nor can the Government use any private income information and/or documentation against them in a court of law or to force any citizen by any other administrative means to forfeit their private property. Before any person can be deprived of his or her life, limb, or property they must first be found guilty of committing a crime and it must be so stated as a part of their sentence. That is what the "Due Process Clause" is all about.
There is only one way by which the Government may collect taxes. Every year, according to the Constitution, all levels of the Government must establish exactly how much money each needs to operate. Then after this dollar amount is determined each level of the Government must divide that amount equally among the working citizens within their jurisdiction. Then it is left up to the individual tax payer as to exactly how they wish to pay their fare share of the tax burden. Whether by weekly deductions from their weekly pay check or as a monthly deduction, or by yearly deduction, or by cash or check. Any other form of tax collection is strictly forbidden by both the Constitution itself and the 4th,5th and 6th Amendments.
The 4th and 5th Amendments restrict the Governments ability to control the people by means of taxation, the issuing of licenses, income verification and detaining any citizen without the benefit of a Warrant even if it is for less than one minute by any law enforcement officer. The 6th Amendment states clearly and exactly what is meant by "Due Process of Law"
These 3 Amendments effectively tie the Government’s hands and forces the Government under the total control of the people. Now it is the inbred nature of all forms of Government to break away from the control of the people and in doing so it becomes totalitarian in nature and uncontrollable. It is the nature of the beast.
Government claims that it and not the people possesses the sovereign power. It tells the people that the Government is the only one to decide what the Government can and cannot do and that the people must abide by it’s decisions and judgments. This supposition by far too many Federal Judges and other Federal Employees is totally unfounded and is a false belief on their part. As we have seen by the above discussion.
The only way the Government has been able to perpetuate this belief and has been able to keep it alive is by keeping us, you and me, ignorant of the truth. The Government tells us that in order for us to fully understand the Constitution and the bill of Rights is for each of us to graduate from a Law School which is controlled by the Government. The Government fails to tell us that both the Constitution and the Bill of rights were written by men with very little education if any real education by today’s standards. It was written by basically illiterate men who did not know exactly what they wanted. All they knew and were interested in was what they didn’t want and that is exactly how they wrote the Constitution and later the Bill of Rights. They did not want to live under a socialist form of Government nor did they want to revert backwards to anf form of totalitarian Government.
Today is no different from back then. We are not really sure exactly what kind of Government we want but we are very sure what kind of Government we do not want. And just like the First Americans we have the Constitution and the Bill of Rights to lean on and to guide us as we forge our individual futures. Each of us has the Right, NO the responsibility, the duty, and the sovereign power to determine for ourselves what is constitutional and what isn't. Each of us by our actions or lack of action forces or allows the Government to operate in the manner in which it does. Because we as the sovereign power have that athority and ability.
